VOLUME 23 NUMBER 4 Wanted Washington, Tuesday, January 7, 1958

TITLE 5— ADMINISTRATIVE R egister publication of July 30, 1957 (22 CONTENTS F. R. 5980) for an additional period of PERSONNEL time until October 16, 1957 for comment. Agricultural Marketing Service pas® Chapter I— Civil Service Commission This period was again extended by Rules and regulations: F ederal R egister publication of Novem­ Lemons, California and Ari­ Part 6—Exceptions F rom the ber 7, 1957 (22 F. R. 8961) to November Competitive Service zona; limitation of handling. 103 23, 1957. U. S. standards for grades : DEPARTMENT OF THE INTERIOR After consideration of all relevant matters presented, including the pro­ Shrimp, frozen raw breaded. 99 Effective upon publication in the F ed­ posal set forth in the aforesaid notice, Strawberries, frozen; correc­ eral Register, paragraph (1) (23) of the following Standards tion______— ______102 § 6.310 is amended as set out below. for Grades of Frozen Raw Breaded Agriculture Department § 6.310 Department of the Interior. Shrimp are hereby promulgated pursu­ See Agricultural Marketing Serv­ * * * ant to the authority contained in the ice ; Commodity Stabilization (1) Office of Territories. * * * Agricultural Marketing Act of 1946 (60 Service. (23) One Confidential Assistant to the Stat. 1087 et seq., as amended; 7 U. S. C. Governor of Guam. 1621 et seq.). Atomic Energy Commission (R. S. 1753, sec. 2, 22 Stat. 403, as amended; PRODUCT DESCRIPTION, TYPES, AND GRADES Notices: 6 U. S. C. 631,633) Babcock & Wilcox Co. ; proposed Sec. issuance of facility license 119 U nited S tates Civil S erv­ 52.3601 Product description. ice Commission, 52.3602 Types of frozen raw breaded shrimp. Civil Aeronautics Administra­ 52.3603 Grades of frozen raw breaded [seal] Wm. C. Hull, shrimp. tion Executive Assistant. Rules and regulations: [F. R. Doc. 58-118; Filed, Jan. 6, 1958; FACTORS OF QUALITY Standard instrument approach 8:50 a. m.] 52.3604 Ascertaining the grade. procedures; procedure altera­ 52.3605 Factors evaluated on product in tions______112 frozen state. TITLE 7— AGRICULTURE 52.3606 Factors evaluated on product in Civil Aeronautics Board thawed debreaded state. Notices: Chapter I— Agricultural Marketing DEFINITIONS AND METHODS OF ANALYSIS Hearings, etc. : Service (Standards, Inspections, 52.3607 Definitions and methods of analysis. Capital Airlines, Inc.; Flint- Marketing Practices), Department Grand Rapids adequacy of of Agriculture LOT INSPECTION AND CERTIFICATION service investigation______121 52.3608 Ascertaining the grade of a lot. Flying Tiger Line, Inc______121 Part 52—P rocessed F ruits and Vege­ Kanab-Page-Glen Canyon tables, P rocessed P roducts T hereof, SCORE SHEET area investigation__;_____ 121 and Certain O ther P rocessed F ood 52.3609 Score sheet for frozen raw breaded World Wide Airlines, Inc., en­ Products shrimp. forcement case______121 SUBPART— UNITED STATES STANDARDS FOR A u t h o r i t y : §§ 52.3601 to 52.3609 issued Rules and regulations: CRADES OF FROZEN RAW BREADED SHRIMP 1 under sec. 205, 60 Stat. 1090, as amended; 7 Scheduled interstate air carrier U. S. C. 1624. certification and operation On May 18, 1957, a notice of proposed rules; high-altitude opera­ rule making was published in the F ederal PRODUCT DESCRIPTION, TYPES, AND GRADES tions; correction______112 Register (22 F. R. 3484) regarding a Proposed issuance of United States § 52.3601 Product description. Froz­ Civil Service Commission en raw breaded shrimp are clean, whole­ •standards for Grades of Frozen Raw Notices: Breaded Shrimp and interested persons some, headed, peeled, and deveined shrimp, of the regular commercial spe­ Certain office machine operator were given until July 18, 1957 in which positions, San Francisco, to submit views or comments concerning cies, coated with a wholesome, suitable batter and breading. They are prepared Calif., area; increase in mini­ the proposal. Because of the nature of and frozen in accordance with good com­ mum rates of pay______121 the comments and suggestions received mercial practice and are maintained at Rules and regulations: Provision was made in the F ederal temperatures necessary for the preserva­ Interior Department; exceptions tion of the product. Frozen raw breaded from competitive service___ 99 et! Ci>mpilance with the provisions of these shall not excuse failure to comply shrimp contain not less than 50 percent Commerce Department with the provisions of the Federal Food. by weight of shrimp material. See Civil Aeronautics Administra­ *"ug, and Cosmetic Act. (Continued on next page) tion ; Federal Maritime Board. 99 100 RULES AND REGULATIONS CONTENTS— Continued CODIFICATION GUIDE Page A numerical list of the parts of the Code Federal Civil Defense Admin­ of Fédéral Regulations affected by documents FEBERALlpEGISTER istration published in this issue. Proposed rules, as \ 1934 J ^A/ITEO’ Notices : opposed to final actions, are identified as Executive Assistant Adminis­ such. trator et al.; delegation of au­ Title 5 PaS® Published daily, except Sundays, Mondays, thority with respect to deter­ Chapter I : and days following official Federal holidays, minations concerning Federal Part 6______99 by the Federal Register Division, National surplus property__ ,______121 Archives and Records Service, General Serv­ Title 7 ices Administration, pursuant to the au­ Federal Communications Com­ Chapter I : thority contained in the Federal Register Act, mission Part 52 (2 documents)______99,102 approved July 26, 1935 (49 Stat. 500, as Rules and regulations; Chapter VII: amended; 44 U. S. C., ch. 8B ), under regula­ Changes relating to certain Part 721______1___ s______102 tions prescribed by the Administrative Com­ frequencies______103 Part 722 (2 documents)______102 mittee of the Federal Register, approved by Part 728 (proposed)______118 the President. Distribution is made only by Federal Maritime Board the Superintendent of Documents, Govern­ Chapter IX : ment Printing Office, Washington 25, D. C. Notices: Part 953--______103 The F ederal Register will be furnished by American Export Lines, Inc.; Title 14 mail to subscribers, free of postage, for $1.50 hearing, amended notice— _ 120 Chapter I : per month or $15.00 per year, payable in. American President Lines, Ltd., advance. The charge for individual copies and American Export Lines, Part 40______112 (minimum 15 cents) varies in proportion to Inc.; cancellation of agree­ Chapter II : the size of the issue. Remit check or money Part 609...... 112 order, made payable to the Superintendent ment by Board------120 of Documents, directly to the Government Farrell lines, Inc., et al.; agree­ Title 16 Printing Office, Washington 25, D. C. ment filed with Board for ap­ Chapter I : The regulatory material appearing herein proval______—------120 Part 13 (3 documents)______116,117 Is keyed to the Code op F ederal R egulations, Federal Power Commission Title 21 which is published, under 50 titles, pursuant Chapter I : to section 11 of the Federal Register Act, as Notices: Part 120 (proposed)______118 amended August 5, 1953. The Code op F ed­ Hearings, etc. : eral R egulations is sold by the Superin­ Consolidated Gas Utilities Title 25 tendent of Documents. Prices of books and Chapter I : pocket supplements vary. Corp______122 There are no restrictions on the re­ El Paso Natural Gas Co. et al_ 122 Appendix______112 publication of material appearing in the Gulf States Utilities Co____ _ 121 Title 47 F ederal R egister, or the Code op F ederal Skelly Oil Co______123 Chapter I : R egulations. Texas Eastern Transmission Part 2______103 Corp. and Transcontinental Part 6______103 Gas Pipe Line Corp_____ 122 Part 7______103 Now Available Part 8______- 103 Federal Trade Commission Part 9______103 Rules and regulations : Part 10______— 103 UNITED STATES Cease and desist orders: Part 11______103 Broch, Henry, & Co______- 116 Part 16______-______103 GOVERNMENT Century Products Works, Inc., ORGANIZATION et al______: 117 MANUAL Schoolsky, B„ & Son, Inc., et § 52.3602 Types of frozen raw breaded al______- 117 shrimp—(a) Type I, Fantail—(1) Sub- 1957-58 Edition type A. Split (butterfly) shrimp with Food and Drug Administration the tail fin and the shell segment imme­ (Revised through June 1) Proposed rule making: diately adjacent to the tail fin. 1, 1-bis (p-chlorophenyl)-2,2,2- (2) Subtype B. Split (butterfly) Published by the Federal Register Division, trichloroethanol; establish­ shrimp with the tail fin but free of all the National Archives and Records Service, ment of tolerances for resi­ shell segments. General Services Administration dues in or on raw agricul­ (b) Type II, Round fantail—(1) Sub- 778 pages— $1.50 a copy tural commodities______118 type A. Round shrimp with the tail fin and the shell segment immediately adja­ Order from Superintendent of Documents, Health, Education, and Welfare cent to the tail fin. United States Government 'Printing Office, Department (2) Subtype B. Round shrimp with Washington 25, D. C. See Food and Drug Administra­ the tail fin but free of all shell segments. tion. (c) Type III, Split. Split (butterfly) shrimp without attached tail fin or shell Indian Affairs Bureau segments. CONTENTS— Continued Rules and regulations: (d) Type TV, Round. Round shrimp Commodity Stabilization Service Page Trust or restricted status of cer- without attached tail fin or shell seg­ Proposed rule making: tain Indian lands, extension ments. Wheat; 1959 feed wheat mar­ of; trust periods expiring dur­ § 52.3603 Grades of frozen raw keting quota exemption regu­ ing calendar year 1958___ _ 112 breaded shrimp, (a) “U. S. Grade A” is lations^------i—— 118 Interior Department the quality of frozen raw breaded shrimp Rules and regulations: See Indian Affairs Bureau. that when cooked possess an acceptable Corn; 1958 county acreage al­ flavor and odor, and that for those fac­ lotments and reserves; cor­ Small Business Administration tors which are rated in accordance with rection------.------— 102 Notices: the scoring system outlined in the follow­ Cotton, 1958 crop, acreage al­ Disaster areas, declarations of: ing sections the total score is not less lotments: Florida______124 than 85 points. Extra long staple; correction. 102 Illinois______123 (b) “U. S. Grade B” is the quality oi Upland; correction______- 102 Missouri______123 frozen raw breaded shrimp that when cooked possess an acceptable flavor and Factors rated by score points. The § 52.3606 Factors evaluated on prod­ of rating the factors which are scored in 1958 7, January Tuesday, odor, and that for those factors which quality of the product with respect to uct in thawed debreaded state. Factors the thawed debreaded state, the schedule are rated in accordance with the scoring factors scored is expressed numerically affecting qualities which are measured of point deductions in Table II applies. system outlined in the following sections on the scale of 100. Weighted deductions on the product in the thawed debreaded This schedule of point deductions is the total score is not less than 70 points. from the maximum possible score of 100 state are: degree of deterioration; dehy­ based on the examination of 20 whole (c) “Substandard” is the quality of are assessed for essential variations of dration; sand veins; black spot; extra shrimp selected at random from one or frozen raw breaded shrimp that fail to quality within each factor. The score of shell; and swimmerets. For the purpose more packages. meet the requirements of “U. S. Grade frozen raw breaded shrimp is determined B.” by observing the product in the frozen Table II—Schedule for Point Deductions for E xamination in T hawed, Debreaded FACTORS OF QUALITY and thawed states. [Subtotals brought forward] § 52.3604 Ascertaining the grade—(a) § 52.3605 Factors evaluated on prod­ General. In addition to considering uct in frozen breaded state. Factors af­ Factor Quality description Deductions other requirements outlined in the fecting qualities which are measured on allowed standards, the following quality factors the product in the frozen state are: loose 1. Degree of deterioration___ o are evaluated in ascertaining the grade breading or frost; ease of separation; Slight, but obvious, on average...... REGISTER FEDERAL 3 uniformity of size; condition of coating; Moderate, on average...... '______6 of the product: Any marked—each shrimp...... 3 (b) Factor not rated by score points: and damaged er fragmented breaded shrimp. For the purpose of rating the 2. Dehydration...... 0 acceptability of flavor and odor. A prod­ Slight but obvious, on average______3 uct with an acceptable flavor and odor factors which are scored in the frozen Moderate, on average______6 state, the schedule of point deductions in Excessive—each shrimp______3 is one that is free from any abnormal Table I applies. This schedule of point flavor and odor. The acceptability of 3. (a) Sand veins1...... For each dark vein present deduct according to following schedule: deductions is based on the examination In first segment (adjacent to tail fin )...______0 flavor and odor is determined on the of one complete individual package Equivalent in length to 2 segments______...... 1 Equivalent in length to 3 segments______2 product after it has been cooked in a (sample unit) regardless of the net Equivalent in length to 4 or more segments______. 3 suitable manner. weight of the contents of the package. (b) Black spot...... 0 Slight but obvious, on average______3 Moderate, on average...... 6 T able I—Schedule or P oint Deductions for Rating in F rozen Breaded State Excessive—each shrimp...... 3 4. (a) Extra shell2______Factor (Beyond first segment adjacent to tail fin): Quality description Deductions Less than one whole extra shell segment______... 1 allowed One extra segment or m o r e .______3 ib) Swimmerets____ 1 For more than last pair______3 1. Loose breading or frost___ Less than 2 percent by weight of product______. . . . 0

3 percent but less than 6 percent______6 1 The deduction points assessed for sand veins and blaok spot occurring together on an individual shrimp shall 6 percent or m o r e ...... ______10 not exceed the larger deduction for either factor. 2 The deduction points assessed for extra shell and swimmerets occurring together on an individual shrimp shall 2. Ease of separation______not exceed the larger deduction for either factor. Separate easily after being removed from carton and exposed to room 4 temperature for not more than 4 minutes. Separate easily after being removed from carton and exposed to room 6 DEFINITIONS AND METHODS OF ANALYSIS crushed or otherwise mutilated to the temperature for not more than 6 minutes. extent that its appearance is materially Does not separate easily after being removed from carton and exposed 10 § 52.3607 Definitions and methods of to room temperature for 6 minutes. analysis—(a) Halo. “Halo” means an affected. easily recognized fringe of excess batter (e) Fragmented shrimp. “Frag­ 3. Uniform ity..______Ratio of weight of 3 largest to 3 smallest breaded shrimp in sample unit: mented shrimp” means a breaded unit Up to 1.70...... 0 and breading extending beyond the 1.71-1.80...... shrimp flesh and adhering around the containing less than one headed, peeled, 1.81-1.00...... deveined shrimp. 1.91-2.00...... perimeter or flat edges of a split (butter­ 2.01-2.10...... fly) breaded shrimp. * (f) Black, spot. “Black spot” means 2.11-2.20...... :...... any blackened area which is markedly 2.21-2.30...... (b) Balling up. “Balling up” means 2.31-2.40...... the adherence of lumps in the breading apparent on the flesh of the shrimp. 2.41-2.60...... (g) Sand vein. “Sand vein” means 2.51-2.60...... material to the surface of the breaded Over 2.60______10 coating, causing the coating to appear any black or dark sand vein that has not been removed, except for that portion 4. Condition of coating...... Degree of halo of balling up or holidays (identify type of defect by rough, uneven, and lumpy. circling proper word): (c) Holidays. “Holidays” means voids under the shell segment adjacent to the No obvious____ ;______0 in the breaded coating as evidenced by tail fin when present. Slight______1 (h) Loose breading and frost. “Loose Moderate______2 bare or naked spots.; Marked______4 (d) Damaged frozen raw breaded breading and frost” is determined by Excessive.___ ...... 8 shrimp. “Damaged frozen raw breaded use of a balance by following the steps 5. Damaged or fragmented None____ !.______..;______o shrimp” means a frozen raw breaded given below: breaded shrimp. For each unit...... 3 Tail fin broken or missing per unit (except in Types III and IV)...... 1 shrimp which has been separated into (1) Remove the overwrap. two or more parts or that has been (2) Weigh carton and all contents.

o 102 RULES AND REGULATIONS

(3) Remove breaded shrimp, and (5) Remove crumbs and frost from P art 52—P rocessed F ruits and V ege­ weigh shrimp alone. carton and separators. tables, P rocessed P roducts T hereof, (4) Weigh carton less shrimp but in­ (6) Weigh cleaned carton and separa­ and C ertain O ther P rocessed F ood cluding waxed separators (if used), tors. P roducts crumbs and frost. (7) Calculate loose breading and frost: S ubpart—U nited S tates S tandards for Percent loose breading and frost G rades of F rozen S trawberries weight carton less breaded shrimp material (d) —weight cleaned carton (f) v ^ changes in allowance for defects per­ weight of carton and all contents (b) — weight cleaned carton (f) mitted IN GRADE C CLASSIFICATION Correction (i) Percent of shrimp material. “Per­ (2) Procedure, (i) Weigh sample to cent of shrimp material” means the per­ be debreaded. Fill container three- In Federal Register Document 58-39, cent by weight of shrimp material in a fourths full of water at 70-80 degrees published at page 43 in the issue for sample as determined by the method de­ Fahrenheit. Suspend the paddle in the Friday, January 3, 1958, the title of scribed below or other methods giving container leaving a clearance of at least Frank E. Blood should read “Acting Dep­ equivalent results. Results are com­ five inches below the paddle vanes, and uty Administrator, Marketing Services”. monly expressed as percent of breading adjust speed to 120 rpm. Add shrimp which is calculated by difference. and stir for ten minutes. Stack the (1) Equipment needed, (i) Two-gal­ sieves, the one-half inch mesh over the lon container approximately nine inches No. 20, and pour contents of container ChapterVII— Commodity Stabilization in diameter; onto them. Set the sieves under a faucet, Service (Farm Marketing Quotas (ii) Two vaned wooden paddle, each preferably with spray attached, and and Acreage Allotments), Depart­ vane measuring approximately one and rinse shrimp with no rubbing of flesh, ment of Agriculture three fourths inches by three and three being careful to keep all rinsings over fourths inches; the sieves and not having the stream of P art 721—Corn (iii) Stirring device capable of rotat­ water hit the shrimp on the sieve di­ SUBPART— 1958 COUNTY CORN ACREAGE ing the wooden paddle at 120 rpm; rectly. Lay the shrimp out singly on ALLOTMENTS AND RESERVES the sieve as rinsed, remove top sieve and (iv) Balance accurate to 0.01 ounce Correction (or 0.1 gram); drain on a slope for two minutes, then remove shrimp to weighing pan. Rinse In Federal Register Document 57- (v) U. S. standard sieve—ASTM— contents of the No. 20 sieve onto a flat No. 20, twelve-inch diameter; 10609, published at page 10484 in the pan and collect any particles other than issue dated December 24, 1957, the table (vi) U. S. standard sieve—one-half breading (flesh, tail fin or extraneous under § 721.908 is corrected as follows: inch sieve opening, twelve-inch diam­ material) and add to shrimp on balance The entry under “Acreage apportioned eter; pan and weigh. to counties” for Boone County, Indiana, (vii) Forceps, blunt points; (ii) Calculate percent shrimp mate­ should read “49,198”. (viii) Shallow baking pan. rial: weight of debreaded sample Percent shrimp material—------■ ■ v ■■.------XlOO+iö • weight of sample [Amdt. l] P art 722—Cotton (iii) Calculate percent breading: SCORE SHEET S ubpart—R egulations P ertaining to Percent breading § 52.3609 Score sheet for frozen raw A creage A llotments for the 1958 = 100—percent shrimp material. breaded shrimp. Crop of E xtra Long S taple Cotton (j) Cooked in a suitable manner. COUNTY ALLOTMENT, ALLOCATIONS FROM “Cooked in a suitable manner” means Size and kind of container------STATE RESERVE, AND RELATED DATA cooked in accordance with the instruc­ Container mark or identification — tions accompanying the product. How­ Label___ ,______Correction Size of lo t ______— ------ever, if specific instructions are lacking, Number of samples______In Federal Register Document 57- the product for inspection is cooked as Actual net weight (ounces) ------— 10004, published at page 10003 in the follows: Number of shrimp per container —— issue dated December 13, 1957, the fol­ (1) Place the sample $o be cooked Descriptive size name ______lowing changes should be made in the while still frozen in a wire mesh deep Product type _____ .______tables under § 722.1516 (h ): fry basket sufficiently large to hold the Breading percentage______1. Under Arizona, the entry in column shrimp in a single layer without touching Loose breading percentage------iJ (6) for “b” should read “0”. each other; Ratio weights: 3-largest/3-smallest Ease of separation______— 2. Under California, the entry in col­ (2) Lower the basket into suitable Condition of coating______umn (1) for “a” should read “573”. liquid oil or hydrogenated vegetable oil Damaged shrimp______. . . at 350-375 degrees Fahrenheit. Fry for Degree of deterioration______three minutes, or until the shrimp attain Dehydration ______.... __ _ a pleasing golden brown color ; and Sand veins . . . ______[Amdt. 2] (3) Remove basket from oil and allow Black sp o t______P art 722— C otton to drain for fifteen seconds. Place the Extra sh ell______cooked shrimp on a paper napkin or Swimm erets______S ubpart—R egulations P ertaining to towel to absorb excess oil. Rating for scored factors______A creage Allotments for the 1958 Flavor and odor______C rop of U pland Cotton LOT INSPECTION AND CERTIFICATION Final grade______COUNTY ALLOTMENT, ALLOCATIONS FROM § 52.3608 Ascertaining the grade of a NATIONAL AND STATE RESERVES, AND lot. The grade of a lot of Frozen Raw The United States Standards for RELATED DATA Breaded Shrimp covered by these stand­ Grades of Frozen Raw Breaded Shrimp ards is determined by the procedures set (which is the first issue) contained in Correction forth in the Regulations Governing In­ this subpart shall become effective on In Federal Register Document 57- spection and Certification of Processed March 1, 1958. 10005, published at page 10004 in the Fruits and Vegetables, Processed Prod­ Dated: December 30,1957. issue dated December 13, 1957, the fol­ ucts Thereof, and Certain Other Proc­ lowing changes should be made in the essed Food Products (§§52.1 through [seal] R oy W. Lennartson, tables under § 722.916 (h): 52.87; 22 F. R. 3535). Deputy Administrator, 1. Under Arkansas: the column (1) Marketing Services. *A tentative correction factor of five per­ entry for Crittenden County should re a d cent is employed pending completion of [F. R. Doc. 58-88; Filed, Jan. 6, 1958; “97,466” ; the column (6) entry for White definitive studies. 8:45 a. m.] County should read “23,935.4”. Tuesday, January 7, 1958 FEDERAL REGISTER 103

2. Under Georgia: the column (7) TITLE 47— TELECOMMUNI­ the Notice proposed reduced channel entry for Chattahoochee County should spacing in the 42.0-46.51 and 47.0-49.51 read “9”; the column (7) entry for Talia­ CATION Me bands; * proposed specific allocation ferro County should read "61”. Chapter I—- Federal Communications and reallocation of the frequency-chan­ 3. Under Tennessee: the column (6) nels to be derived from channel-splitting entry for Loudon County should read Commission and of the spectrum space released by “8.5”. [Docket No. 12169] the Government in the 150.8-152 Me 4. Under Texas: the column (8) entry [Rules Amdt. 2-8; FCC 57-1393] range; and offered for comment certain for Mills County should read “413.5”. other proposals, including frequency- P art 2— F requency A llocations and availability changes, felt by the Com­ R adio T reaty M atters ; G eneral mission to be equitable and appropriate. R ules and R egulations Original and reply comments having Chapter IX— Agricultural Marketing P art 6— I nternational F ixed P ublic been received and considered, the Com­ Service (Marketihg Agreements and R adiocommunication S ervices mission is now prepared to make partial disposition of the subject matter of the Orders), Department of Agriculture P art 7—S tations on Land in the above Notice.3 [Lemon Reg. 719, Amdt. 1] Maritime S ervices Channel-splitting—42-50 Me. 3. The Pari 953—Lemons Grown in California P art 8— S tations on S hipboard in the comments overwhelmingly support the and Arizona Maritime S ervices Commission’s proposal to reduce channel separations in the 42.0-46.51 and LIMITATION OF HANDLING P art 9— A viation S ervices 47.0-49.51 Me bands (see footnote 2). § 953.826 Lemon Regulation 719, as P art 10— P ublic S afety R adio S ervices The principal opposition to the proposal has been.received from two state police amended—(a) Findings. (1) Pursuant P art 11— I ndustrial R adio S ervices to the marketing agreement, as amended, departments4 and from the State Police and Order No. 53, as amended (7 CFR Part 16—Land T ransportation R adio Sub-Committee of Associated Police Part 953), regulating the handling of S ervices Communication Officers, Incorporated. lemons grown in California and Arizona, This opposition is grounded in conten­ effective under the applicable provisions CHANGES RELATING TO CERTAIN FREQUENCIES tions that narrow band operation in the of the Agricultural Marketing Agreement In the matter of amendment of Parts affected bands would further aggravate Act of 1937, as amended (7 U. S. C. 601 et 2, 6, 7, 8, 9, 10, 11 and 16 of the Com­ and degrade the police service due to the seq. ; 68 Stat. 906, 1047), and upon the mission’s rules to reduce separation be­ increase of ignition noise susceptibility basis of the recommendation and infor­ tween assignable frequencies in the of the narrow band receivers and de­ mation submitted by the Lemon Admin­ 42-50 Me band, to effect changes in the creased transmitter deviation. Upon istrative Committee, established under 25-50 Me and 150.8-152 Me bands, and consideration of all factors involved, the said amended marketing agreement to effect other changes relating to the however, the Commission concludes that and order, and upon other available in­ use of frequencies in the 25-50 Me band. narrow band systems designed in ac­ formation, it is hereby found that the First report and order—Background cordance with the technical standards limitation of handling of such lemons as of proceeding. 1. On September 19, prescribed by the Commission can give hereinafter provided will tend to effec­ 1957, the Commission adopted an Order service range performance approxi­ (FCC 57-1016) reallocating the fre­ mately equivalent to that of broad band tuate the declared policy of the act. quency bands 46.6-47.0 and 49.6-50.0 Me systems.6 Equally persuasive to a de­ (2) It is hereby further found that it from non-Government to Government cision to split the channels as proposed is is impracticable and contrary to the pub­ use, the said bands being required for the consideration that the advantages lic interest to give preliminary notice, the immediate use of Government radio to be derived from the doubling of as­ engage in public rule-making procedure, stations utilizing the technique of for­ signable frequencies in the bands in­ and postpone the effective date of this ward propagation by ionospheric scatter volved significantly outweigh the possible amendment until 30 days after publica­ (FPIS).1 In the same Order, the Com­ disadvantages contended for by the po­ tion hereof in the F ederal R egister (60 mission reallocated from Government lice groups. In this connection, it is Stat. 237; 5 U. S. C. 1001 et seq.) because to non-Government use the frequency noted that the additional channels here­ the time intervening between the date band 150.8-152.0 Me. Also adopted on inafter made available for assignment in when information upon which this September 19, 1957, was a Second Re­ the Police Radio Service give promise of port and Order in Docket No. 11253 bringing significant appreciable relief to amendment is based became available (FCC 57-1018). This Second Report the overcrowding which presently exists and the time when this amendment must and Order provides that all new land in some areas in this Service—an over­ become effective in order to effectuate mobile radio systems authorized in the crowding vigorously acknowledged by the the declared policy of the Agricultural 25-50 Me band after October 31, 1958, above police groups. Marketing Agreement Act of 1937, as mandatorily adhere to the narrow band Non-Government scatter. 4. The amended, is insufficient, and this amend­ (20 kc) technical standards established Commission’s Notice herein observed ment relieves restriction on the handling for this band in the first Report and that there is probably a small non- of lemons grown in California and Ari­ Order (FCC 56-901) in the said Docket zona. No. 11253. Mandatory adherence by * Within the 42.0-46.51 Me "band, the block (b) Order, as amended. The provi­ systems authorized on or before October 43.22-43.66 Me is presently allocated for use sions in paragraph (b) (1) (ii) of 31,1958, was ordered by October 31,1063. in the Domestic Public Radio Services. Be­ 2. Simultaneously adopted with the cause the individual frequencies comprising § 953.826 (Lemon Regulation 719; 22 F. R. above-described documents was a Notice this block are available only on a paired basis 10955) are hereby amended to read as of Proposed Rule Making in the instant with corresponding frequencies in the 35.22- follows: 35.66 Me range, they were not intended to proceeding (FCC 57-1019). Inter alia, be affected by the proposal. (ii) District 2: 148,800 cartons. 8 By Memorandum Opinion and Order of (Sec. 5, 49 Stat. 753, as amended: 7 U. S. C. lrThe Order provides that existing non- October 30, 1957 (FCC 57-1199), the Com­ 608c) Government licensees in these bands may mission extended until December 16 and continue to operate on their assigned fre­ December 30, 1957, respectively, the dates for Dated: January 2, 1958. quencies untU the expiration of their cur­ the filing of comments and reply comments rent authorizations or, optionally (with ap­ with respect to the proposals contained in [seal] G. R. Grange, propriate renewals), until December 31, paragraphs 11 (tone-actuated squelch sys­ Acting Director, Fruit and Vege­ 1959. The Order also provides for the con­ tems) , 12 (wide-area concepts), and 18 (fre­ table Division, Agricultural tinued availability of the above bands for quency assignment plans) cf the Notice. Marketing Service. assignment to persons eligible in the re­ 4 Virginia Department of State Police and spective services, but specifies that any such Washington State Patrol. (F. R. Doc. 58-120; Filed, Jan. 6, 1958; authorizations bear expiration dates of not 5 See Report and Order in Docket No. 11253, 8:51 a. in.] later than December 31, 1959. paragraph E-6 (FCC 56-901), 10 4 RULES AND REGULATIONS Government requirement for a scatter a submarine cable. It is anticipated that Forestry Conservation Radio Service; allocation for the International Fixed actual construction for the scatter cir­ the frequencies 49.54 and 49.58 Me are Public and Aeronautical Fixed Radio cuits may be commenced in the spring presently available for assignment in the Services. Consistent therewith the Com­ of 1959 and operation may begin in the Forest Products and Special Industrial mission proposed that two 90-kc blocks summer of 1960. Radio Services. The Commission be­ of spectrum space be reallocated for this 9. It will be noted that the locations at lieves that existing licensees on the above purpose. For technical reasons, it was which these facilities may be established four frequencies should have a period of proposed that these blocks be adjacent are not on U. S. soil, and therefore, will five years from the effective date of this to the Government scatter space and not be licensed by the FCC; however, the Report and Order to amortize their that they consist of the 46.51-46.60 Me Commission is directly concerned in the equipment investments. Accordingly, and 49.51-49.60 Me segments of the 42-50 matter since (1) approximately 50 per­ during such five-year period, existing Me band. On the basis of the comments cent of the civil air traffic across the licensees may continue to operate their received, it is apparent that some repre­ North Atlantic is composed of U. S. air­ facilities and to secure renewals and sentatives in the mobile service licensed craft, and (2) frequencies for the opera­ modifications therefor. All authoriza­ by the Commission believe that they tion must be selected, not only to provide tions issued during the period will bear would be adversely affected by the Com­ the required communications, but also to a termination date of no later than the mission’s proposal to provide two 90-kc minimize interference to other services. expiration date of such period. To pro­ bands for non-Government scatter. On Further, the frequencies selected should vide a measure of protection to the above the other hand, the Commission has re­ not be subject to interference from mo­ licensees, no scatter assignments will be sponsibilities to the mobile service which bile licensees of the Commission. made until after December 31, 1959. it licenses, and may not evade these re­ 10. It is clear that the provision for Thereafter, and until the band is cleared, sponsibilities in making the decisions such operations is highly desirable, pro­ it will be the Commission’s policy to that are necessary in this proceeding. vided only that the mobile service li­ make such assignments on what would 5. The Commission’s experience indi­ censed in the bands selected for non- otherwise be the “split-channels”, if such cates that major technical problems are Government scatter are given suitable procedure is feasible under the particular generated when the FPIS fixed service replacement frequencies and sufficient circumstances involved. attempts to share the frequency bands time to implement them. For these rea­ 13. As established by the comments employed by the mobile service licensed sons and because there are international herein, the Special Industrial Radio by the Commission. Serious, wide­ communications problems now pending Service (or its proposed successor, the spread, harmful interference which in which the U. S. has a vital interest, Business Radio Service) is the service formerly occurred as a result of the provision is being made for the two 90-kc most adversely affected by the Commis­ operation of just one FPIS fixed circuit non-Government scatter bands as pro­ sion’s scatter allocation herein, and this amply demonstrates the validity of this posed in this proceeding. is so from the standpoints of existing conclusion. It is, therefore, apparent 11. Following are reasons for selection loading, rate of growth, and conversion that, if FPIS is to be employed at all, it of the frequency bands 46.51-46.60 Me costs. To ease the burden involved and should be operated in bands not used by and 49.51-49.60 Me for civil VHF fixed to more equitably compensate this serv­ the mobile service licensed by the Com­ service scatter operations. ice for the space to be lost, the Com­ mission. The Commission’s policy deter­ (1) The frequencies selected, although mission has elsewhere herein provided minations in this proceeding are there­ representing a compromise, are high fo r4 further channel-splitting in the fore based on this premise. enough in the available frequency spec­ range below 40 Me, and has reserved a 6. Turning now to the potential size trum to assure operation of the scatter number of the resultant frequencies for and nature of the FPIS requirements circuits above the maximum useable fre­ the Business Radio Service. which it will be necessary to anticipate, quency (MUF) for F2 layer propagation Channelling and standards—150.8- it is apparent that, at this particular during most of the time. 152.0 Me. 14. As heretofore noted, a time, these are not entirely definitive. It (2) The cost of operation of scatter Commission Order of September 19,1957 is also apparent that the 1959 Radio circuits materially increases at higher (FCC 57-1016) reallocated the band Conference of the International Tele­ frequencies due to the additional trans­ 150.8-152.0 Me from Government to non- communications Union (ITU) will be mitter power that is required to ensure Government use. The Commission pro­ faced with a decision of what frequency circuit reliability. posed in the instant proceeding that this space, if any, to provide for FPIS fixed (3) With respect to the problem of ob­ new non-Government band be chan­ circuits. An additional facet of this jectionable interference which may be nelled on a 30-kc basis—the same basis problem is the necessity to recognize that caused to the RF and IF circuits of ex­ as was adopted for the 152-162 Me band it will not be as feasible for the Commis­ isting television receivers, operation of in the Commission’s first Report and sion to agree to bands for FPIS use once scatter circuits within the blocks of fre­ Order (FCC 56-901) in Docket No. 11253. “channel-splitting” for the mobile serv­ quencies selected will provide better pro­ It was also proposed that the narrow- ice has taken place at a particular order tection than would be expected from this band (30 kc) standards already adopted of frequencies. In other words, the space type operation at higher or lower fre­ for the 152-162 Me band be made man- for FPIS can most conveniently be made quencies. datorily applicable in the 150.8-152 Me at the time of “channel-splitting” at any (4) It appears that the requirement band from the beginning. With respect given order of frequency. for separate transmit and receive fre­ to neither of the foregoing proposals was 7. An additional factor which argues quencies at one location can best be met opposition received, and the Commission for the provision, at this time, of some by providing two relatively small bands finds that their finalization would be in space for .non-Government scatter is the of frequencies in the same portion of the the public interest. necessity to recognize that there may be available frequency spectrum, appropri­ Business radio service. 15. Docket No. non-Government scatter operations in ately separated for duplex operation. 11991 proposes a combining of the Low the American hemisphere, either licensed (5) It is considered that some advan­ Power and Special Industrial Radio by the Commission or authorized by Ad­ tages may result from establishing the Services into a new service to be known ministrations of other countries, which non-Government bands for scatter op­ as the Business Radio Service. The may have to be satisfied prior to the 1959 eration adjacent to the Government Commission’s proposal contemplates the Radio Conference. bands utilized for the same type opera­ eligibility in the new service of “any 8. Following a proposal made by the tion. lawful business activity”, “educational United States at the ICAO Special North 12. A remaining aspect of the non- or philanthropic institutions” and “cler­ Atlantic Fixed Services Meeting, Mont­ Government scatter allocation relates to gymen or ecclesiastical institutions”. real, January, 1957, a civil requirement the matter of establishing timetables for Wherever hereinafter frequencies are de­ was established internationally for both the clearance of the bands involved by scribed as being “transferred” or “real­ voice and teletypewriter channels link­ existing licensees, and for the availability located” or otherwise made available to ing Canada, southern Greenland, and of such bands to International Fixed the new service, such designation should Iceland, using the forward scatter tech­ Public and Aeronautical Fixed users. be interpreted as meaning that the fre­ nique. The final link to the European The frequencies 46.54 and 46.58 Me are quencies are “reserved” for such new coast may be either a scatter circuit or presently available for assignment in the service. Pending disposition of the Tuesday, January 7, 1958 FEDERAL REGISTER 105 above Docket No. 11991, any frequency tion that existing licensees utilizing 35.70 mend (but not require) that licensees so designated will be exclusively avail­ or 35.98 Me be permitted to continue on on specific “lost” frequencies move to able in the Special Industrial Radio these frequencies for five years. It is be­ specific “replacement” frequencies. Hal­ Service unless otherwise specifically in­ lieved that the concern of these two com­ liburton Oil Well Cementing Company dicated. Should the proposed Business menting parties can be allayed with an offers a substantially similar alternative, Radio Service not be established the assurance that no present occupant of except that its eight substitute frequen­ Commission will take whatever further either of the two frequencies in question cies would consist of the “split-channels” action will then be necessary or ap­ will be required to vacate as a result of commencing with 49.20 Me and ending propriate with respect to the affected the Commission’s action in either the with .49.50 Me. The counter-proposals frequencies. instant proceeding or Docket No. 11991, to substitute 49 Me frequencies for 47 Me 16. By virtue of the Commission’s nor within the next five years. The plea frequencies are denied on the following Order of September 19, 1957 (FCC 57- for access to the replacement frequencies bases: First, the Special Emergency split- 1016) reallocating non-Government fre­ is treated elsewhere in this Report and channels will provide an exclusive allo­ quencies to Government use the fre­ Order. Adoption of the proposal is cation to the Business Service, whereas quencies 49.62 and 49.66 (formerly shared hereby found to be desirable, and the the first alternative proposal would re­ by the Forest Products and Special In­ two frequencies (35.70 and 35.98 Me) are quire a sharing of space with the Forest dustrial Services), the frequencies 49.70, accordingly transferred to the Business Products Radio Service. Second, to 49.74, 49.78 and 49.82 Me (formerly Radio Service. grant either of the alternatives suggested shared by the Motion Picture and Special 19. The frequencies 35.06, 35.10, 35.14 above would be to make substantial and Industrial Services), and^the frequencies and 35.18 Me are presently allocated by unnecessary deviation from the Com­ 49.86, 49.90, 49.94 and 49.98 Me (formerly Part 2 of the Commission’s Rules to both mission’s plans for continuous blocks of exclusively available in the Special In­ the Industrial and Maritime Mobile shared frequencies for the Forest Prod­ dustrial Service) were lost for possible Services. Because it appeared to the ucts and Petroleum Services—a plan use in the proposed Business Radio Serv­ Commission that all of the marine oper- * which offers great promise of signifi­ ice. By virtue of the Commission’s al­ ations on the above frequencies could cantly reducing and preventing conges­ location herein for non-Government be accommodated in the 156.25-157.45 tion in those services. While it appears scatter, the frequencies 49.54 and 49.58 Me and 161.85-162.00 Me bands, the that adoption of either of the alternative Me (presently shared by the Forest Prod­ Commission proposed that they be allo­ arrangements might result in a saving ucts and Special Industrial Services) cated to the Business Radio Service. of a moderate amount per mobile unit have also been lost for use in the above The opposition to the Commission’s pro­ for each such unit which has to be Business Service. For purposes of par­ posal is primarily grounded in the reluc­ changed in frequency, the Commission tially compensating the latter service, the tance of existing licensees on these is convinced that from the long-term Commission proposed that the Business frequencies to vacate to a higher band. standpoint the Special Emergency split- Service be awarded the fifteen 30-kc fre­ The Commission has given careful at­ channels will be the most useful alloca­ quencies commencing with 151.505 and tention to the views of the parties tion to the Business Service since the ending with 151.925 Me. This proposal opposing the proposal, but remains of the shared block of Petroleum-Forest Prod­ finds support in the comments and no view that marine users must be encour­ ucts space is to be retained. Consistent direct opposition. It appearing to be aged to move to the bands which will, in with the foregoing, the proposal to re­ fair, equitable and in the public interest, all probability, be internationally stand­ serve the frequencies 47.44, 47.48, 47.52, this proposal is hereby adopted by the ardized for maritime mobile use. In 47.56, 47.60, 47.64 and 47.68 Me for the Commission. view thereof, the pleas for exclusive or Business Radio Service is adopted, and 17. The frequencies 43.02, 43.06, 43.10, preferred access to the four frequencies all conflicting counter-proposals are 43.14, and 43.18 Me are presently allo­ by marine users must be denied. Not­ denied. The suggestion that the Com­ cated by Part 2 of the Commission’s withstanding the foregoing, however, the mission recommend that licensees on Rules to both the Industrial and Mari­ Commission assures existing licensees on specific “lost” frequencies move to time Mobile Services. Because these five the four frequencies that none of them specific “replacement” frequencies is de­ frequencies were being assigned only in will be required to vacate to the higher nied, since it is felt that the maximum the Special Industrial Radio Service, the bands as a result of the Commission’s possible latitude should be permitted to Notice proposed that they be reallocated action in either the instant proceeding affected users in the matter of the selec­ to the Business Radio Service. The or Docket No. 11991. Consistent with tion of substitute frequencies. In this Notice also proposed that the frequency the above, the frequencies 35.06, 35.10, connection, the Commission urges li­ 42.98 Me' and the “split-channels” com­ 35.14 and 35.18 Me are hereby trans­ censees contemplating frequency changes mencing with 42.96 Me and ending with ferred to the Business Radio Service. to discuss their proposals with other 43.16 Me be given to Business. These 20. One aspect of the Commission’s licensees in the area to the end of ob­ proposals are finalized except that, in Business Radio Service proposal remains: taining a high degree of coordination in light of the matters set forth in para­ As part of the replacement space for this frequency selection for the displaced graphs 21 and 29, 43.16 is reserved for Service the Notice proposed that it be systems. communications carriers. allocated the seven “split-channels” 21. In connection with its disposition 18. The frequencies 35.70 and 35.98 Me (commencing with 47.44 Me and ending of the foregoing matters, the Commis­ are presently allocated for use in the with 47.68 Me) between the regular sion has given careful consideration to Automobile Emergency Radio Service, channels in the 47.42-47.70 block pres­ the comments of interested parties. On pie Notice herein proposed that these ently available for use in the Special the basis of these comments—including wo frequencies be transferred to the Emergency Radio Service. Two alterna­ those directed against the Commission’s Business Radio Service, and the com­ tive proposals have been submitted by proposals for non-Government scatter— ments generally support the proposal, commenting parties. The first—advo­ the Commission concludes that the 42-50 pie support of the American Automobile cated by Special Industrial Radio Serv­ Me replacement space hereinabove pro­ Association, Inc. (AAA) and the Key­ ice Association (SIRSA), Communica­ vided is not of so high degree of Utility as stone Automobile Club is conditioned tions Engineering Company (CECO), to adequately compensate the Business upon a right of access by automobile Petroleum Equipment Supplies Associa­ service for the channels it is losing, or to clubs to the proposed replacement fre­ tion (PESA) and others—is to the fol­ readily facilitate the many frequency- quencies (150.815, 150.845 and 150.875 lowing effect: (a) Give the seven Special changeovers which will occur. Accord­ Me). Keystone offers the further condi- Emergency split-channels to Petroleum ingly, the Commission has searched the on an exclusive basis; (b) Give the eight spectrum with a view to providing for This frequency (presently available only “split” and “regular” channels com­ new and displaced licensees greater lati­ in the Low Power Industrial Radio Service) mencing with 49.36 Me and ending with tude in the matter of selecting operating , Proposed for Business in Docket No. 49.50 Me to the Forest Products and frequencies. In connection therewith, 57-356). Pending disposition of Special Industrial Service7; (c) Recom- that Docket, this frequency will not be avail- the Commission has considered the pos­ Die in the Special Industrial Radio Service, 7 SIRSA and others oppose the Commis­ sibility of further channel-splitting in ut will continue to be available only in the sion’s proposal to establish a Business Radio the range below 40 Me. Although the ow Power Service (see paragraph 15, supra). Service. Commission does not abandon its pre- 106 RULES AND REGULATIONS viously-stated position on this point, it censees (other than those on the new will meet the long range needs of the believes that the emergencies of the Government frequencies) who might be respective industries, both endorse it as present situation adequately justify a required herein to vacate to another fre­ being in the interest of the most efficient moderate departure therefrom.® In view­ quency. Prom the nature of the associa­ utilization of the frequencies involved. ing the Industrial allocation as it will tions’ contentions, it is believed that they The Commission concludes that an adop­ exist on the effective date of this Report are appealing for relief from the re­ tion of its original proposal would be fair, and Order, the Commission notes that it quirement adopted in Docket No. 11253 equitable and in the public interest and, will in part consist of the 35.02-35.18 Me that transmitters authorized prior to accordingly, such proposal is hereby and 35.70-35.98 Me blocks. By reducing November 1, 1958, on 25-50 Me frequen­ adopted. the channel spacing in these two blocks, cies must comply with the new narrow- Relay press and motion picture radio the Commission can provide a fair num­ band technical standards for that band services. 26. Comments of the Subcom­ ber of new channels for possible use by by no later than October 31, 1963 (see mittee on Mobile Radio of the American the displaced licensees in the 49 Me paragraph 1). The over-all problems Newspaper Publishers Association block. Upon due consideration of all the connected with this compliance date are (ANPA) offer two counterproposals to factors involved, the Commission con­ discussed in a subsequent paragraph and the Commission’s allocation plan. In the cludes that this action is justified, and reference should be made thereto. As is one, ANPA suggests that two frequencies ten of the resultant “split-channels”® there indicated, changes with respect to in the band 151.505-151.925 Me be made are reserved for the Business service. that date are beyond the scope of this exclusively available in the Relay Press Hawaii problem. 22. An extensive proceeding. and Motion Picture Radio Services. In comment was jointly filed by Hawaiian 23. For economic reasons and reasons the other, after reciting interference Sugar Planters’ Association and Pine­ related to the relatively light loading on problems arising from the fact that four apple Growers Association of Hawaii, 42-50 Me frequencies in Hawaii, the as­ of its frequencies (173.225, 173.275, associations some or all of whose mem­ sociation requests that in lieu of the 173.325 and 173.375 Me) are adjacent to bers are presently eligible in the Special seven Special Emergency “split-chan­ Television Channel 7, ANPA proposes Industrial Radio Service."’ Although nels” hereinafter designated as replace­ that Relay Press be allowed to share a these associations do not oppose the ments for the 49 Me frequencies lost to number of frequencies with the mining splitting of channels as has been else­ the Government, the Commission allo­ industry or with Forestry Conservation. where provided for in this Report and cate for the secondary use of the Special In denying those counterproposals the Order, they do feel that certain excep­ Industrial Radio Service in Hawaii the Commission calls attention to the fact tions or exemptions (from what might “regular” frequencies in one of the bands that all Motion Picture and Relay Press prevail on the mainland) should be 47.42-47.68 Me (Special Emergency), users will be fully eligible in the Business made with respect to the Special Indus­ 48.94-49.18 Me (Petroleum) or 49.22- Radio Service should that service ulti­ trial use of 42-50 Me frequencies in 49.46 Me (Forest Products). Under the mately be created by the Commission. Hawaii, due to the relatively light load­ associations’ plan, operation on the sub­ In any event, and without prejudging ing which presently exists on these fre­ stitute frequencies would be on a 40-kc the comments which have been submitted quencies in that Territory. A point is basis and would be for the same period in Docket No. 11991, additional fre­ made that Special Industrial licensees in that other existing licensees in Hawaii quencies within the band 150.8-152.0 Hawaii should have an amortization might be permitted to operate on 42-50 Me for the two services in question do period of longer than the five years pro­ Me frequencies on a 40-kc basis. To a not appear to be warranted at this time. posed by the Commission in paragraph substantial degree that considerations Power radio service. 27. In its Notice 17 of its Notice herein. Thus, it states advanced by the Commission in denying the Commission proposed that the Power that “. . . thirteen licensees now operat­ the SIRSA-CECO--PESA counterpropos­ Radio Service receive the new channels ing in the 43 Me band will be permitted als (see paragraph 20) have applicability between its presently available frequen­ to operate on their present assignments here and dictate a denial of the associ­ cies commencing with 47.70 Me and end­ for a period not to exceed five years”, ations’ counterproposals. To these con­ ing with 48.54 Me. No direct opposition and that such licensees should have “a siderations can be joined the additional to this proposal has been advanced, and period of at least seven years to amortize point that adoption of the counterpro­ the Commission finds that its adoption the costs of their present equipment.” posal would at best merely delay the date as proposed is warranted and in the The foregoing and similar statements of narrow-band modification at the sac­ public interest. appear to have been occasioned by a rifice of administrative convenience and 28. As pointed out in the Notice, misinterpretation of the Commission’s processes. Docket No. 11991 (FCC 57-356) proposes proposal and the related documents of Forest products and petroleum radio to change the name of this service to September 19, 1957 (see paragraph I): services. 24. The Commission’s Notice “Utilities Radio Service.” The new fre­ As is evident from paragraph 17 hereof, pointed out that the Petroleum Radio quencies between 47.70 and 48.54 Me will the 43 Me frequencies to which the as­ Service presently has access to sixteen not be available for use by communica­ sociations refer are being reserved for channels from 48.58 through 49.18 Me, tions common carriers proposed by the Business Radio Service and will con­ and that the eight existing channels from Docket No. 11991 to be eligible in the tinue to be available to persons presently 49.22 through 49.50 Me are presently ex­ renamed Service. For this latter group, eligible in the Special Industrial Radio clusively available for assignment in the the Notice proposed exclusive access to Service. The five-year amortization Forest Products Radio Service. In light two of the 150.8-152.0 Me frequencies, period to which the associations refer of successful sharing of frequencies be­ namely, 151.955 and 151.985 Me. The was proposed to apply only to those li- tween these two services in the past, the only direct opposition to the latter pro­ .Commission proposed that Petroleum posal is contained in the comments of 8 It will be recalled that in Docket No. and Forest Products share in the use the Forestry Conservation Communica­ 11253 the Commission had before it, and de­ not only of the twenty-four new chan­ tions Association (FCCA), and is based cided in the negative, the general question nels from 48.56 through 49.48 Me, but on an “understanding” that the 150.8- of reducing channel separations in the 25—50 also of the sixteen and eight frequencies 152.0 Me space was released by the Gov­ Me band. Although the Commission could presently available to these respective ernment for the exclusive purpose of properly accomplish its present purposes by services. It was the Commission’s view compensating those services which were taking further action in Docket No. 11253, their application to the single acute problem that the present shortage of low-fre­ losing channels to the Government. No outlined above makes it equally appropriate quency channels in the above two serv­ such condition, of course, obtained with to incorporate them into the instant docu­ ices would be substantially lessened by respect to the band in question. To com­ ment. To the extent that the comments in the sharing proposals. pensate the services which were losing Docket No. 11253 relate to the frequency 25. Specific comments on the sharing channels for scatter purposes, the Com­ blocks here involved, they have been con­ proposals have been received from Forest mission proposed as replacements some sidered in arriving at the determination 25-50 Me frequencies as well as some herein. Industries Radio Communications and »35.04, 85.08, 35.12, 35.72, 35.76, 35.80, the Central Committee on Radio Facil­ 150.8-152.0 Me frequencies, and this pro­ 35.84, 35.88, 35.92, and 35.96 Me. Disposition ities of the American Petroleum Insti­ cedure enabled the Commission to at­ of the remaining frequency, 35.16, is made in tute. Although neithèr of these groups tempt to satisfy a number of other paragraph 29, infra. concedes that the Commission’s proposal communication requirements of long Tuesday, January 7, 1958 FEDERAL REGISTER 107 standing. Based upon the foregoing and for duplex or two-frequency operation. by the Commission since the needs of upon the provision hereinafter made for The Commission is not convinced of the the interurban property carriers, beyond the Forestry Conservation Radio Serv­ advantage of such two-frequency opera­ those already proposed to be provided for ice, the FCCA position is disallowed. tion when using frequencies in the range in this and other companion proceedings 29. American Telephone and Tele­ considered here. In addition, the entire (Docket Nos. 11992 and 11993) do not graph Company (AT&T) recommends matter of interference between stations, appear to be as pressing as those of the that the frequency 151.955 Me be “ex­ of which this method of operation may persons eligible in the Automobile Emer­ changed” for a “split-channel” four or be a factor, is under consideration and gency Radio Service. five megacycles removed from 151.585 subject to additional comment in con­ Public Safety Radio Service. 35. The Me. This proposal is denied as wholly nection with paragraph 11 of the original Notice of Proposed Rule Making issued beyond the scope of the instant pro­ Notice of Proposed Rule Making in this in this proceeding proposed several fre­ ceeding, the denial being without preju­ proceeding. Accordingly, the matter of quency allocations1® and reallocations dice to a consideration of the proposal designating pairs of frequencies in this which affect the Public Safety Radio in connection with the disposition of range for duplex or two-frequency opera­ Services. These proposals would: Docket No. 11991. AT&T also renews a tion will be taken up at a later date and (a) Make available the 23 new 20 kc request for “one or two exclusive fre­ the request of The American Trucking channels from 42.04 to 42.92 Me inclusive, quency-pairs in the 30-50 Me range par­ Associations, Inc. is denied at this time. to the Police Radio Service. ticularly in the remote areas of the 33. The American Transit Association (b) Make available the eleven new 20 country.” In view of the Commission’s objected, on behalf of the urban carriers kc channels from 40.08 to 46.48 Me inclu­ action in reducing channel separations of passengers eligible in the Motor Car­ sive, to the Fire Radio Service. in the 35.02-35.18 Me and 35.70-35.98 Me rier Radio Service, to the deletion of the (c) Make available the eleven new 20 blocks (see paragraph 21 supra), the frequencies between 44.45 and 44.61 Me kc channels from 44.64 to 45.04 Me inclu­ Commission believes it appropriate and now available for assignment to such sive, and five 30 kc channels from 151.355 equitable to partially satisfy this re­ carriers. In the opinion of the Commis­ to 151.475 Me inclusive, to the Forestry- quest at this time. Accordingly, the fre­ sion, The American Transit Association Conservation Radio Service. Two exist­ quency 35.16 Me and the frequency 43.16 has justified the retention of those fre­ ing 40 kc channels, 46.54 and 46.58 Me, Me are being reserved for the communi­ quencies and the additional availability presently available to this service would cations common carriers. of the “split channels” derived there­ be reallocated to the International Fixed 30. Consistent with the foregoing, the from. Accordingly, the request of the Public and Aeronautical Fixed Radio following disposition is made of the American Transit Association in this Services. “Power” and “Utilities” proposals in the regard is granted, and the rule amend­ (d) Make available ten additional 20 Notice and of the counter-proposals with ments to be made herein will so reflect. kc channels from.47.04 to 47.40 Me inclu­ respect thereto: 34. The American Automobile Associa­ sive, and five 30 kc channels from 151.205 (a) The new frequencies between tion and the Keystone Automobile Club, to 151.325 Me, inclusive, to the Highway 47.70 and 48.54 Me are made available in addition to calling attention to their Maintenance Radio Service. for assignment in the Power Radio comments in other current proceedings (e) Make available four 20 kc chan­ Service. Should communication com­ (Docket Nos. 11992, 11993 and 11959) nels from 45.92 to 46.04 Me inclusive, to mon carriers having a need for radio which emphasize a need for additional the Special Emergency Radio Service. facilities in connection with construc­ frequencies for the Automobile Emer­ (f) Make available to the Local Gov­ tion and maintenance activities ulti­ gency Radio Service, request that the ernment Radio Service fifteen 20 kc mately be made eligible in the Power three frequencies proposed to be made channels from 45.08 to 45.64 Me inclu­ Radio Service, and the service be there­ available to that service in the 150.8- sive, and seven 30 kc channels from after renamed the “Utilities Radio Serv­ 152.0 Me range be made clearly available 150.995 to 151.175 Me inclusive.11 ice”, the frequencies in question will be for use by stations operated by or on be­ (g) Make available six 20 kc channels transferred to such service but will not half of associations of owners of private from 45.68 to 45.88 Me .inclusive, to the be available for such common carriers. automobiles. In view of that demon­ Interstate Highway Radio Service.11 (b) The frequencies 151.955 and strated need for more frequencies for use 36. The only comments which related 151.985 and the frequencies 35.16 and by automobile clubs, and in further view to the above detailed frequency alloca­ 43.16 Me are exclusively reserved for the of the excessive long range interference tion proposals affecting the various pub­ above-described common carriers should being experienced on the frequencies lic safety radio services were filed by the their eligibility for land mobile radio 35.70 and 35.98 Me by the private garages Federal Civil Defense Administration, facilities be provided for in Docket No. as well as the automobile clubs author­ the Forestry-Conservation Communica­ 11991. Should such eligibility be not so ized to use those frequencies, the Com­ tion Association, the State Police Sub­ provided, such further disposition of the mission is making the three frequencies committee of the Associated Police frequencies will be made as will then in the 150-152 Me band proposed for use Communications Officers, Inc., the Wash­ appear to the Commission to be in the by the urban carriers of passengers ington State Patrol, the Virginia Depart­ Public interest. available to the Automobile Emergency ment of State Police, and the Eastern Land transportation radio services. Radio Service instead. Accordingly, the States Police Radio League, Inc. 31. National Bus Communications, Inc., rules amendments to be adopted as a re­ • 37. The Federal Civil Defense Admin­ and The American Trucking Association, sult of this action will provide six fre­ istration stated: “We support the pro­ Inc., request that, in the frequency band quencies in the 150-152 Me range for the posal contained in paragraph 8 of the 43.68-44.60 Me, the frequencies from Automobile Emergency Radio Service, Proposed Rule Making that the Fire 43.70 to 43.84 Me be made available for and will make three of those six exclu­ Radio Service, the Highway Maintenance assignment to stations of interurban sively available to public garages and Radio Service, the Power “Radio Service, carriers of passengers; that frequencies three exclusively available to automobile u?*nning w^h 43.86 Me be made avail­ clubs. This revision of the proposed sub­ 10 All of the frequencies in the 40 Me band able for assignment to stations of inter­ allocation of the frequencies 150.905, proposed to be allocated to the various public toban carriers of property; and that the 150.935, and 150.965 Me appears to the safety services are those that would be shared use of frequencies by the above Commission to be justified in view of the created by the Commission’s proposal to two classes of users be discontinued, in statement by the American Transit As­ reduce the separation between assignable heu of the arrangement proposed by the sociation that the urban carriers of pas­ frequencies in this band from 40 kc to 20 kc. Commission. Since both parties to this All frequencies in the 150 Me band proposed sengers do not desire to move from their to be allocated to these services are frequen­ interchange are in agreement, present 40 Me frequencies and in view cies In the 150.8-152.0 Me band which was the Commission’s proposals with respect of the showing of the automobile clubs reallocated from Government to non-Gov- to the frequencies in question are being that additional frequencies are needed. ernment use by the Commission’s Order of modified accordingly. The suggestion of the American Transit September 19, 1957, previously referred to. 32. The American Trucking Associa- Association that the three frequencies 11 The frequency availabilities proposed for mn, Inc., also requested thát certain the Local Government and Interstate High­ not desired by the urban passenger car­ way Radio Services were conditioned upon frequencies in the block above 43.85 Me riers be made available to the interurban the eventual establishment of these services ce paired for the purpose of providing property carriers instead, is not adopted in Docket Number 11990. No. < 108 RULES AND REGULATIONS the Forestry Conservation Radio Service, lie Safety Services consists mainly of pursuant to a geographical plan in order the Interstate Highway Radio Service, the following recommendations: to permit the design of a usable fre­ and the Special Emergency Radio Serv­ (a) “Review the possibilities of pro­ quency plan that will minimize adjacent ice would receive a number of new chan­ viding a block of channels to Forestry- channel interference problems. The nels between those channels presently Conservation in the 42-50 Me band “split channels” between those channels available to the Police Radio Service in through engineering study of the fol­ presently available for use by state polic­ the 44.62-46.06 Me Region. We particu­ lowing areas which do not indicate a need ing agencies are the only such channels, larly support the proposal that the Local for wide area use. in that part of the 40 Me band allocated Government Radio Service receive fif­ “(1) 44.46 through 44.60 Me. to the Public Safety Radio Services, teen (15) of the new channels in this “(2) 4§.06 through 46.50 Me. which meet this requirement. The Com­ band.” , (b) “Review the possibilities of reduc­ mission concludes that the foregoing 38. The comment of the Eastern States ing the overall spectrum space of com­ facts justify the partial abandonment of Police Radio League, Inc., relative to mercial services in the area 47.7 Me to the “block system” of frequency alloca­ these frequency proposals was confined 49.50 Me to provide a clear block to For­ tion as proposed. Thus, the request of to a statement that “Police frequencies estry-Conservation. the state policy group that the “split in the 44.62 to 46.02 Me should be in the (c) “Reconsider the proposal of inter­ channels” between 44.64 and 45.04 Me be block system, not dispersed such as was spersing Forestry-Conservation between made available for assignment to them done * * * Police channels. Implementation of must be denied. Likewise, the request of 39. The import of the comments filled such interspersion destroys the recog­ the Forestry Conservation Communica­ by the Washington State Patrol, the nized advantages of the block system and tion Association that the Commission Virginia Department of State Police, and puts Public Safety agencies against each allocate in this proceeding, “a block of the State Police Subcommittee of the other in competition for channels re­ channels to Forestry-Conservation in the Associated Police Communication Of­ quired to protect life, property and vital 42-50 Me band” is also denied. ficers, Inc.,“ is substantially identical; resources. 43. No opposition to the proposed allo­ namely, that the eleven new 20 kc chan­ (d) “Provide additional Forestry- cation of 23 additional channels in the nels between 44.62 and 45.06 Me, which Conservation channels in a block begin­ 40 Me band to the Police Radio Service the Notice would allocate to the Forestry ning at 151.055 Me to 151.475 Me inclu­ was advanced, and the Commission finds Conservation Radio Service, should in­ sive. Since practically all of our systems this proposal to be in the public interest. stead be made available to the Police are wide area coverage and require not However, the Commission is persuaded Radio Service and limited so as to be less than two spaced channels to operate, by the comment filed by the State Police assignable only to applicants charged the five proposed channels do not allow Group that there is a need by State po­ with statewide responsibility for police adequate combinations to provide needed lice agencies for additional exclusive functions; that the number of frequen­ relief from the combined results of 30 channels in the 40 Me band. Accord­ cies which the proposal would make Me “skip” interference, 46 Me loss, 159 ingly, it is limiting the availability of available to the Local Government Radio Me band edge and shared channel loss, these “split channels” so as to make Service is excessive; and that no pro­ and 170-174 Me losses.” them assignable only to applicants posal which would result in disruption 41. One of the prime factors which charged with statewide policing respon­ of the “block system” of allocations motivated the Commission to issue the sibility. should be adopted. The State Police Notice of Proposed Rule Making in this 44. As pointed out in paragraph 39 group alleged in support of its position proceeding was the necessity for provid­ supra, the State Police Group challenged that “it will take 72 channels to provide ing substitute frequencies in the 40 Me the proposed allocation of 15 “split chan­ adequately for the State Service”, but band for use by those Forestry-Conserva­ nels” in the 40 Me band and seven 30 kc that there are presently only 36 chan­ tion Radio Service users presently utiliz­ channels in the 150.8 to 152.0 Me band nels available exclusively to statewide ing frequencies reallocated to govern­ to the Local Government Radio Service. policing agencigs. Despite this allega­ mental use by the Order of September Upon consideration of this contention, tion one comment avers that some states 19, 1957. While the reallocation Order and upon consideration of the Forestry- do not make use of frequencies in this allows such licensees to continue utiliza­ Conservation Communication Associa­ band which are assignable to them pur­ tion of the reallocated frequencies until tion’s allegation that the five proposed suant to a geographical allocation plan December 31, 1959, the Commission rec­ channels14 “do not allow adequate com­ which “has been in use for the past ten ognized that such continued use may be binations to provide needed relief,” the years” and which was originally pro­ made impractical at a much earlier date Commission is not adopting the proposed posed by the State Police users. It is due to extensive utilization of such fre­ allocation of seven channels in the 150.8 also significant that the State Police quencies by governmental operations. to 152.9 Me band to the Local Govern­ Subcommittee of the Associated Police Accordingly, it is imperative that the fre­ ment Radio Service. In addition, the Communication Officers, Inc., states that quencies allocated to the Forestry-Con­ Commission concludes that twelve chan­ “it is possible that some of the lower servation Radio Service be frequencies nels in this band should be allocated to channels, in the years ahead, might be which can be utilized immediately. The the Forestry-Conservation Radio Service released by the State Service because selection of such frequencies is com­ rather than the five originally proposed. experience of the past summer when the plicated by the fact that existing sys­ Since its appears desirable that these MUF was above 45 megacycles showed tems licensed in the 42-50 Me band are twelve channels be in one block, the some paralyzing worldwide interference.” noT required to utilize narrow band (20 Commission is allocating the ch an n els 40. A large part of the comment filed kc) equipment until October,31, 1963,“ from 151.145 to 151.475 Me inclusive, to by the Forestry-Conservation Commu­ and the fact that there are now only two this service. nication Association is devoted to those channels in this band which remain 45. No comment expressed objection portions of the proceeding encompassed available to the Forestry-Conservation to the proposed allocations to the High­ in paragraphs 11,12, and 18 of the Notice Radio Service pursuant to the Commis­ way Maintenance Radio Service. The of Proposed Rule Making. As has been sion’s reallocation Order of September Commission finds that the proposed al­ previously indicated, the time for filing 19, 1957. location to this service of the “split chan­ original and reply comments with re­ 42. The necessity for use of the “split nels” between its presently available spect to these proposals has been ex­ channels” by Forestry-Conservation Ra­ frequencies in the 40 Me band is war­ tended until December 16 and December dio Service users before adjacent chan­ ranted and in the public interest. Allo­ 30, 1957, respectively, and, accordingly, nel licensees are required to utilize cation of five channels in the 150.8- 152.0 the Commission is not considering these narrow band (20 kc) equipment virtually Me band is also warranted. In order to requires that such “split channels” be allow all channels in this band allocated proposals in this Report and Order. That adjacent to channels that are assignable portion of the comment which deals with to the Forestry-Conservation Radio Serv­ the proposed allocations and realloca­ ice to be in one block, it is necessary “ The second Report and Order In Docket that the five channels allocated to the tions of frequencies to and from the Pub- No. 11253 provides that existing systems and additional systems licensed prior to Novem­ Highway Maintenance Radio Service be “ These parties are hereinafter referred to ber 1, 1958, may utilize wide band (40 kc) collectively as the “State Police Group.” equipment until October 31, 1963. “ In the 150.8 to 152.0 Me band. Tuesday, January 7, 1958 FEDERAL REGISTER 109 those between 150.995 and 151.115 Me ized; eliminate any requirement that new a subsequent Report and Order in this inclusive, rather than those proposed. split-channel users protect broad-band proceeding. 46. No direct opposition was advanced assignments on their adjacencies; re­ Use of non-conforming frequencies. in the comments to the proposed alloca­ quire operators of broad-band equip­ 54. The Commission’s Notice indicates tion of the eleven “split channels” be­ ment in the 42-50 Me band to operate that, after the effective date of any Order tween 46.06 and 46.50 Me to the Fire their system within a plus or minus 9-kc finalizing its proposals, no new radio Radio Service and the proposal is hereby deviation pattern. (One party would systems would be authorized on frequen­ adopted. allow a 10-kc deviation pattern.) (3) cies not conforming to the new alloca­ 47. No party expressed opposition to Consider the need for preventing new tions. It was further proposed that the proposed allocation of four addi­ 20-kc systems operating on split-chan­ existing licensees on non-conforming tional “split channels” in the 40 Me band nels from creating interference to exist­ frequencies be permitted to continue to the Special Emergency Radio Service, ing 40-kc users of other services. (4) operation on such frequencies for a and this proposal is hereby adopted. Place no limit on the time during which period not to exceed five years.- In the 48. No opposition to the proposal to Industrial licensees may occupy the 42- foregoing connection it was proposed allocate six 20 ke channels between 45.68 50 Me frequencies. (5) Remove any re­ that no renewal or modification applica­ and 45.88 Me to the Interstate Highway quirement for 20 kc operation from 32-42 tions be granted to a date beyond such Radio Service was advanced by the com­ Me until such time as it can be proven five-year period. T h e Commission’s ments filed in this uroceeding. to alleviate specific interference. Allow plan appears to be fair and equitable and 49. The only opposition to the pro­ 20 kc operation on these frequencies on finds general support in the comments. posed allocation of fifteen 20 kc channels an -optional basis. (6) Except Hawaii Accordingly, and except as specific ex­ in the 40 Me band, and seven 30 kc chan­ from the requirements pertaining to emption is otherwise provided herein, the nels in the 150.8-152.0 Me band to the conversion to narrow-band equipment. above authorization schedule is adopted. Local Government Radio Service was Variations of the foregoing positions Restrictions on use of frequencies. 55. that expressed by the State Police Group. have also been received. In view of the Unless otherwise provided herein the use This opposition was confined to question­ wide divergence of views in the matters of the frequencies involved in this ing the number of channels which would of the October 31, 1958 and October 31, proceeding is subject to such detailed be allocated to this service. As was 1963 dates, as illustrated above, the Com­ conditions and restrictions as may be stated in paragraph 44 supra, the Com­ mission believes that there is good cause contained in the rules governing the re­ mission has concluded not to allocate for reopening the question as to the dates spective service to which they have been any channels in the 150.8-152.0 Me band by which compliance with the new 25-50 allocated herein. to the Local Government Radio Service. Me standards must be effectuated. Ac­ Request for oral argument. 56. One 50. Neither the Interstate Highway cordingly, the Commission may, in. the party, Halliburton Oil Well Cementing nor the Local Government Radio Service early future, institute a new proceeding Company, has requested the right to is a presently existing service but estab­ looking toward changes in the dates appear before the Commission to present lishment of these services is presently originally specified. The Commission oral argument in support of its com­ before the Commission in Docket 11990. recognizes that interference problems of ments. Good cause for such oral argu­ Pending disposition of Docket 11990, the varying degrees will arise pending com­ ment not having been established, the channels proposed for allocation to each plete utilization of narrow-band equip­ request therefor is accordingly denied. of these services, with the exception of ment and urges the utmost cooperation Other matters. 57. A Petition for Im­ those in the 150.8-152.0 Me band pro­ among licensees in the selection and use mediate Assignment was filed by Elec­ posed for allocation to the Local Gov­ of frequencies during this period. tronics Industries Association on October ernment Radio Service, will be “reserved” 52. All channels in the 150.8-152.0 Me 18,1957. Petitions for Immediate Report for them. In the event that either of band as well as the 25-50 Me frequen­ and Order were filed on October 24,1957, these services is not established by the cies allocated to the various services and November 4, 1957 by Florida Game decision in Docket 11990, the Commission herein will be available for assignment and Fresh Water Fish Commission and will take whatever further action is on the effective date of this Report and Forestry Conservation Communication deemed appropriate. Order.15 Because there are presently no Association, respectively. These peti­ Compliance with narrow-band stand- non-Government assignments in the for­ tions have been considered in connection ards. 51. As heretofore stated, the Com- mer band, and because the channelling with our determinations herein. mission’s Second Report and Order in therein has been determined on a 30-kc Conclusion and order. 58. Upon con­ DocketNo. 11252 (FCC 57-1018) provides basis, there appears to be no reasons why sideration of all of the comments filed that all new land mobile radio systems narrow-band equipment in this band herein and of all other matters relevant authorized in the 25-50 Me band after should not be required from the start. in this proceeding, the Commission con­ October 31, 1958, mandatorily adhere to Accordingly, authorizations will not be cludes that the amendments outlined the narrow band (20 kc) technical stand­ issued in this band for the use of equip­ above will materially serve the public ards established for this band in the ments not capable of meeting the Com­ interest, convenience and necessity. The f^rst Report and Order in the said mission’s technical standards for narrow authority for such amendments is set Docket No. 11253 (FCC 56-901). Manda- band equipment in this general portion forth in sections 4 (i) and 303 of the tory adherence by systems authorized on of the frequency spectrum. Communications Act of 1934, as r before October 31, 1958 was ordered Offset plan. 53. Forest Industries amended. y the above Second Report and Order Radio Communications has suggested 59. In view of the foregoing: It is or­ y October 31, 1963. Many of the com­ the possibility of permitting a license, dered, This 18th day of December 1957, ments filed raise questions with respect under conditions of adverse interference, that, effective April 1, 1958, Part 2 of to tne foregoing dates, and, although to offset from its center frequency a dis­ the Commission’s rules is amended in the in ,^_carinofc appropriately be disposed of tance of plus or minus 10 kc. Interested manner set forth below in Appendix A, «in» u 1Pstant Proceeding, the Commis- parties will recall that this point has and Parts 6, 7, 8, 9, 10, 11 and 16 of such timiJiebfves ^ a t they should be men- also been advanced in previous rule- rules are amended to conform to the fre­ hfre' Representative of the making proceedings as a feasible method quency-availability changes hereinabove fmin ^ talsen in the comments are the of combatting destructive skip interfer­ described, and tabularly indicated below (1> Require users of fre- ence, as well as providing for maximum in Appendix B, the formal codification of sniit C1^S inunediately adjacent to the spectrum utilization through combina­ such changes to be accomplished by sub­ toPon^anAels pr°P°sed in this Docket tions of frequency offset and geographi­ sequent order of the Commission. It is later ^ e new standards by no cal separation:. Upon consideration of further ordered, That the request herein the kan December 31,1959; accelerate the factors involved, the Commission for oral argument by Halliburton Oil the ° T rsi°n if Governmental use of concludes that this matter should be Well Cementing Company is denied ; and to vnent Gu *ands requires present users further studied, but it is hoped that a that the petitions identified in paragraph ali ned?,bef01-e that date- (2} Require final disposition thereof can be made in 57 hereof are granted to the extent that to me J Sers \n industrial Services such action is consistent with, the other atelv n?,arr°JV"band equipment immedi- 15 Except as may be otherwise specifically actions herein taken, and in all other Iy after the Proposed rules are final- provided. respects are denied. 110 RULES AND REGULATIONS (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. Appendix A Appendix B—Continued 154. Interprets or applies sec. 303, 48 Stat. Amendments to Part 2—Frequency alloca­ table i—continued 1082, as amended; 47 U. S. C. 393) tions and radio treaty matters: general rules Frequency in Me p.nd former New service or and regulations: service or subdivision subdivision Released: December 20,1957. Amend the table of frequency allocations contained in § 2.104 (a) (5) in the following 35.96, (i)______,__ _ Business. F ederal Communications particulars : 35.98, Automobile emer- Do. Commission, gency. 1. Change the entries in columns 7, 8, 9, 42.02, Police______Police. [seal] Mary J ane Morris, 10 and 11 concerning the frequency band 42.04, (i)______Do. Secretary. 35-36 Me to read as follows: 42.06, Police______Do. 42.08, (i)______I___ Do. 7 8 9 10 11 42.10, Police______Do. 42.12, (i)______Do. 35.00-36.00 Land mobile___ a. Base. 35.02-35.18 (NG45)___ Industrial. 42.14, Police______Do. (N Q l, 22). b. Land mobile. 35.22-35.66 (NG46)___ Domestic public. 42.16, (i)______• Do. 35.70-35.98 (NG45)___ Industrial. 42.18, Police______Do. 42.20, (i)______Do. 2. Change the entries in columns 7, 8, 9, 10 and 11 concerning the frequency band 42- 42.22, Police______... __ Do. 42.24, (i)______Do. 44 Me to read as follows: 42.26, Police______Do. 42.28, (i)______Do. 7 8 9 10 11 42.30, Police______Do. 42.32, (i)______Do. 42.00-44.00 Land mobile.... a. Base. 42.02-42.94 (NG45)___ Public safety. 42.34, Police______Do. (NG1, 22). b. Land mobile. 42.96-43.18 (NG45)___ Industrial. 42.36, i1) ______i ___ Do. 43.22-43.66 (NG46)___ Domestic public. 42.38, Police______Do. 43.70-44.00 (NG45)___ Land transportation, 42.40, (i)______Do. $2.42, Police___ __... ___ _ Do. 3. Change the entries in columns 7, 8, 9, 10 and 11 concerning the frequency band 42.44, (^ ______Do. 44.0-46.6 Me so that columns 7 through 11 read as follows: 42.46, Police______Do. 42.48, i1) ______.___ Do. 42.50, Police______Do. 7 8 9 10 11 42.52, (i)______Do. 42.54, Police______Do. 44.00-46.51 Land mobile.... a. Base. 44.02-44.60 (N G 4 5 ).... Land transportation. 42.56, (*)______Do. (NG1, 22). b. Land mobile. 44.62-46.50 (NG45)___ Public safety. 42.58, Police______. . . Do. 46.51-46.60 42.60, i1) ______;___ Do. (NG1, 51). International fixed public. 42.62, Police.______Do. 42.64, (i)______Do. 4. Change the entries in columns 7, 8, 9, 10 and 11 concerning the frequency band 42.66, Police______Do. 47.0-49.6 Me so that columns 7 through 11 read as follows: 42.68, i1) ______Do. 42.70, Police____ ... ____ _ Do. 42.72, (i)______Do. 7 8 9 10 11 42.74, Police______Do. 42.76, i1) ______Do. 47.00-49.51 Land mobile___ a. Base. 47.02-47.42 (NG45)___ Public safety. 42.78, Police______Do. (NG1, 22). b. Land mobile. 47.44-47.68 (NG45)___ a. Public safety. 42.80, (x) ______Do. b. Industrial. 47.70-49.50 (NG45) . . . . Industrial. 42.82, Police______Do. 49.51-49.60 Aeronautical fixed. 42.84, (i)______Do. (NG1, 51). International fixed public. 42.86, Police______Do. 42.88, (*)______I__ ___ Do. 5. Change the entries in columns 7, 8, 9, 10 and 11 concerning the frequency band 42.90, Police______Do. 150.8-152.0 Me to read as follows: 42.92, (i)______Do. 42.94, Police_... _____ Do. 42.96, (x) ____ ... ______Business. 7 8 9 10 11 42.98, Low power industrial. Do. 43.00, (x). . . ______Do. 150.8-152.0 Land mobile___ a. Base. 150.815-150.965 (NG43). Land transportation. 43.02, Special industrial, Do. (NG1, 22). b. Land mobile. 150.995-151.475 (NG43). Public safety. maritime mobile. 151.505-151.985 (NG43). Industrial. 43.04, (i). . . ______Do. 43.06, .Special industrial, Do. 6. Add a new footnote, NG43, to read as Appendix B—Continued maritime mobile. follows: 43.08, i1) ______Do. table i—continued 43.10, Special industrial. Do. NG43 The spacing between frequency maritime mobile. assignments in this band shall be 30 kc. The Frequency in Me and former New service òr 43.12, (i)____ Do. first and last assignable frequencies are those service or subdivision subdivision 43.14, Special industrial, Do. indicated in column 10. 35.14, Power, maritime mo- Business, maritime mobile. bile. 43.16, (x) __ Utilities (com­ 7. Add a new footnote, NG51, to read as 35.16, (*) ______Utilities (com- munications follows: munications common car­ NG51 Frequencies in this band are not common car­ riers only)» available for use between two points both of riers only). 43.18, Special industrial, Business, which are in the continental United States. 35.18, Power, maritime mo- Business. maritime mobile. bile. 43.70, Interurban passenger. Interurban Appendix B 35.70, Automobile emer- Do. passenger. gency. 43.72, (*),,------Do. , TABLE X 35.72,(i)------^ 43.74, Interurban passenger. Do. Frequency in Me and former New service or 35.74, Special in d u strial-.... Do. 43.76, (*) ______- Do. service or subdivision subdivision 35.76,(i)______. Do. 43.78, Interurban passenger- Do. 35.04, (*)______Business. 35.78, Special in d u stria l..... Do, 43.80, i1)______— Do. 35.06, Power, maritime mo- Do. 35.80, (i)______Do. 43.82, Interurban passenger. Do. bile. 35.82, Special in d u stria l..... Do. 43.84, 0 ) ------Do. V 35.84, (i)______Do. 43.86, Interurban passenger. Interurban 35.08, (*)______- ____ - Do. 35.86, Special industrial..._. Do. property. 35.10, Power, maritime mo- Do. 35.88, (i)______Do. 43.88, (x) ______Do. bile. 35.90, Special industrial__ Do. 43.90, Interurban passenger. Do. 35.12, (*)______...... Do. 35.92, (i)____ Do. 43.92, (x) ______- Do. 1 Split channels. 35.94, Special in d u stria l..... Do. 43.94, Interurban passenger» Do. Tuesday, January 7, 1958 .FEDERAL REGISTER 111

Appendix B—Continued Appendix B—Continued Appendix B—Continued table i—continued table i—continued table i—continued Frequency in Me and former New service or Frequency in Me and former New service or Frequency in Me and former New service or service or subdivision subdivision service or subdivision subdivision service or subdivision subdivision 43.96, i1) ______Interurban 45.20, (*)______Local govern­ 46.40, C1) ______Fire. property. ment. 46.42, Fire______Do. 43.98, Interurban passenger Do. 45.22, Police______Police. 46.44, C1) ______Do. and property. 45.24, (!)______Local govern­ 46.46, Fire______Do. 44.00, i1)...... Do. ment. 46.48, Do. 44.02, Interurban passenger Do." 45.26, Police______Police. 46.50, Fire______Do. and property. 45.28, (*)______Local govern­ 46.54, Forestry-conservation. Aero. Fixed, 44.04, i1) ...... Do- ment. Int. Fixed 44.06, Interurban passenger Do. 45.30, Police______Police. Public (band and property. 45.32, (*)------Local govern­ limits 46.51- 44.08, i1) ...... Do. ment. 46.60 Me) .* 44.10, Interurban property— Do. 45.34, Police______Police. 46.58, Forestry-conservation. Do. 44.12, i1) ______Do. 45.36, (*)______Local govern­ 47.02, Highway mainte- Highway main- 44.14, Interurban property_ Do. ment. nance. tenance. 44.16, H ______Do. 45.38, PoUce______PoUce. 47.04, (*>...... do. 44.18, Interurban property_ Do. 45.40, (*>______i______Local govern­ 47.06, Highway mainte- Do. 44.20, (!)______Do. ment. nance. 44.22, Interurban property_ Do. 45.42, PoUce______PoUce. 47.08, (i)...... do. 44.24, (!)...... Do. 45.44, (x) ______Local govern­ 47.10, Highway mainte- Do. 44.26, Interurban property— Do. ment. nance. 44.28, i1)______Do. 45.46, PoUce______;__ _ PoUce. 47.12, do. 44.30, Interurban property._ Do. 45.48, C1) ______Local govern­ 47.14, Highway mainte- Do. 44.32, (i)______i Do. ment. nance. 44.34, Interurban property_ Do. 45.50, Police-______Police. 47.16, i1)- ______Do. 44.36, (>)______Do. 45.52, (x) ------.__ Local govern­ 47.18, Highway mainte- Do. 44.38, Interurban property.. Do. ment. nance. 44.40, H ______Do. 45.54, PoUce______Police. 47.20, Do. 44.42, Interurban property.. Do. 45.56, (*)______Local govern­ 47.22, Highway mainte­ 44.44, (i)__...... Do. ment. nance. 44.46, Urban passenger___ Urban passen­ 45.58, Police______Police. 47.24, i1)______Do. ger. 45.60, (x) ______Local govern­ 47.26, Highway mainte- Do. 44.48, (i)...... Do. ment. nance. 44.50, Urban passenger___ Do. 45.62, Police___ Police. 47.28, (*) ______Do. 44.52, (i)______Do. 45.64, (*)------Local govern­ 47.30, Highway mainte- Do. 44.54, Urban passenger___ Do. ment. nance. 44.56, (i)______Do. 45.66, Police—______Police. 47.32, i1) ______Do. 44.58, Urban passenger.._ Do. 45.68, (L) ______Interstate 47.34, Highway mainte- Do. 44.60, (i)______Do. highway. nance. Do. 44.62, Police______Police. 45.70, Police______Police. 47.36, i1) ...... Do. 44.64, (!)------Forestry - con­ 45.72, i1) ______Interstate 47.38, Highway mainte- Do. servation. highway. nance. 44.66, Police______Police. 45.74, Police______PoUce. 47.40, ( ! ) ...... Do. 44.68, (1)______Forestry - con­ 45.76, (J) ------Interstate 47.42, Special emergency Disaster relief, servation. highway. (disaster relief special 44.70, Police______Police. 45.78, PoUce------PoUce. emergency). 44.72, (*) —_—_—_— ______45.80, Forestry (*)—___ - con­------Interstate 47.44, (*)______Business. servation. highway. 47.46, Special emergency__ Special emer­ 44.74, Police------Police. 45.82, PoUce______Police. gency. 44.76, (!)------Forestry - con- 45.84, (x)— ------*------Interstate 47.48, i1) ______Business. „ servation. highway. 47.50, Special emergency__ Special emer­ 44.78, Police—______45.86, Police. PoUce______Police. gency. 44.80, (i)------__ Forestry - con- 45.88, i1) — ------interstate 47.52, i1) ______Business. servation. highway. 47.54, Special emergency___Special emer­ 44.82, Police------Police. 45.90, PoUce------PoUce. gency. 44.84, (i)------Forestry - con- 45.92, (*)------Special emer­ 47.56, i1) ______Business. .. ___ servation. gency. 47.58, Special emergency___Special emer­ 44 86, Police______Police. 45.94, PoUce------; Police. gency. 44.88, (i) —_—— ------Forestry - con- 45.96, (*)------Special emer­ 47.60, i1) ______Business. ,, _ servation. gency. 47.62, Special emergency__ Special emer­ 44-90, Police...... Police. 45.98, PoUce___ .______Police. gency. —- — —------Forestry - con- 46.00, (x) ------Special emer­ 47.64, (x) ______Business. .. servation. gency. 47.66, Special emergency— Special emer­ 46.02, PoUce------Police. gency. i1)— — ------Forestry - con- 46.04, (1) ------Special emer­ 47.68, 0 ) ------___ Business. 44 q» r. i. servation. gency. 47.70, Power______Utilities (ex­ 44- 98, Police------Police. 46.06, Fire______Fire. cept commu­ 5.00, (i)------—------Forestry - con- 46.08, i1) ______— Do. nications 46.10, Fire______Do. common car­ «■02, Poll,*______. . . . . p051S a,10n' 46.12, (ij-----i ------Do. riers) . « « • « ------p S ^ y . c o n . 46.14, Fire______Do. 47.72, 0 ) ...... Do. servation. 46.16, 0 ) ______Do. 47.74, Power______Do. 45.06, Police------PoUce. 46.18, Fire______Do. 47.76, 0 ) ____- ______Do. 45.08, (i)------Local govern- 47.78, Power______Do. 46.20, (!>______Do. 47.80, (i)______Do. _ ment. - 46.22, Fire______Do. 45- 10, Police------Police. 47.82, Power______Do. 46.24, (i)______:____ Do. 47.84, (^ ______Do. • 2» 0) — ------Local govern- 46.26, Fire______Do. 47.86, Power______Do. „ ment. 46.28, H ______Do. 47.88, i1) ______Do. 4514, Police------Police. 46.30, Fire______Do. 47.90, Power______Do. ------— ------Local govern- 46.32, (i)______Do. 47.92, (i)______Do. 46.34, Fire______Do. 45'18, Police------PoUce.*’ s These frequencies not to be available for 46.36, H ______Do. use between two points both of which are 1 Split channels. 46.38, Fire______Do. in the continental United States. 112 RULES AND REGULATIONS

Appendix B—Continued Appendix B—Continued (24 Stat. 388, 389), the act of June 21, table i—continued table i—continued 1906 (34 Stat. 325, 326), and the act of March 2, 1917 (39 Stat. 969, 976), and Frequency in Me and former New service or Frequency in Me and former New service or service or subdivision subdivision service or subdivision subdivision other applicable provisions of law, it is 47.94, Power______Utilities (ex­ 49.48, (l) ______Petroleum, for­ hereby ordered that the periods of trust cept commu­ est products. or other restrictions against alienation nications 49.50, Forest products___■_ Do. contained in any patent applying to In­ common car­ 49.54, Forest products, spe- Aero. Fixed, dian lands, whether of a tribal or indi­ riers). cial industrial. Int. Fixed vidual status, which, unless extended will 47.90, 0 ) ______Do. Public (band expire during the calendar year 1958, be, 47.98, Power______Do. limits 49.51- and the same are hereby, extended for a 48.00, i1)______Do. 49.60 Me) .* 48.02, Power______Do. 49.58, Forest products, spe- Do. further period of one year from the date 48.04, i1) ______.____ Do. cial industrial. on which any such trust would otherwise 48.06, Power_'______Do. expire. 48.08, (i)______Do. table n This order is not intended to apply to 48.10, Power______Do. Frequency in Me and Service any case in which Congress has specifi­ 48.12, (i)------Do. cally reserved to itself authority to ex­ 48.14, Power______Do. 150.800—Band edge. 48.16, (i)_------Do. 150.815—Automobile emergency (public ga­ tend the period of trust on tribal or indi­ 48.18, Power______Do. rages). vidual Indian lands. 150.845— Do. 48.20, (!)------Do. (R. S. 161, 5 U. S. C. 22) 48.22, Power______Ï do. 150.875— Do. 48.24, (i)------Do. 150.905—Automobile emergency (automobile F red A. S eaton, 48.26, Power______do. clubs). Secretary of the Interior. 48.28, (i)------______— do. 150.935-i— Do. 48.30, Power______do 150.965— Do. D ecember 30,1957. 48.32, (i)------Do. 150.995—Highway maintenance. 151.025— Do. [F. R. Doc. 58-102; Filed, Jan. 6, 1958; 48.34, Power______Do. 8:47 a. m.] 48.36, (i)______Do! 151.055— Do. 48.38, Power______Do. 151.085— Do. 48.40, (i)------Do. 151.115— Do. 48.42, Power______Do. 151.145—Forestry-conservation. TITLE 14— CIVIL AVIATION 48.44, (i)------do. 151.175— Do. 48.46, Power______Do. 151.205— Do. Chapter I——Civil Aeronautics Board 48.48, (i)------Do. 151.235— Do. [Civil Air Regs., Arndt. 40-9] 48.50, Power______Do 151.265— Do. 48.52, (i)------_ — Do. 151.295— Do. P art 40— S cheduled I nterstate Air 48.54, Power______Do 151.325— Do. Carrier Certification and O peration 151.355— Do. . 48.56, (i)------Do! R ules 48.58, Petroleum______Petroleum, for- 151.385— Do. 151.415— Do. * HIGH-ALTITUDE OPERATIONS est products. 151.445— Do. 48.60, p )—______Do. Correction 48.62, Petroleum______Do. 151.475— Do. 48.64, i1)______Do. 151.505—Business. In Federal Register Document 57- 48.66, Petroleum______Do. 151.535— Do. 10748, published on page 10728 in the 48.68, 0 ) ______151.565— Do. Do. 151.595— Do. issue dated December 27,1957, the effec­ 48.70, Petroleum_____ Do. tive date should read “January 24,1958.” 48.72, (i)______Do. 151.625— Do. 48.74, Petroleum.____ _ Do. 151.655— Do. 48.70, (*).__...... Do. 151.685— Do. 48.78, Petroleum__ :___ Do. 151.715— Do. 48.80, i1),______151.745— Do. Do. 151.775— Do. Chapter II— Civil Aeronautics Admin* 48.82, Petroleum_____ Do. istration, Department of Commerce 48.84, (i)______Do. 151.805— Do. 48.86, Petroleum______Do. 151.835— Do. [Arndt. 51] 48.88, i1) ______Do. 151.865— Do. 48.90, Petroleum______Do. 151.895— Do. P art 609—S tandard I nstrument 48.92, (i)______Do. 151.925— Do. A pproach P rocedures 48.94, Petroleum______Do. 151.955—Utilities (communications common 48.96, i1) ______. Do. carriers only). PROCEDURE ALTERATIONS 48.98, Petroleum______151.985— Do. Do. 152.000—Band edge. The standard instrument approach 49.00, (!)______Do. procedures appearing hereinafter are 49.02, Petroleum______Do. 3 These frequencies not to be available for adopted to become effective when indi­ 49.04, (i)______Do. use between two points both of which are 49.06, Petroleum______Do. in the continental United States. cated in order to promote safety. Com­ 49.08, i1) ______Do. pliance with the notice, procedures, and 49.10, Petroleum______Do. [F. R. Doc. 58-73; Filed, Jan. 6, 1958; effective date provisions of section 4 49.12, 0 )___ ;______Do. • 8:45 a. m.] of the Administrative Procedure Act 49.14, Petroleum______Do. would be impracticable and contrary to 49.16, Í1) ______Do. 49.18, Petroleum______Do. TITLE 25— INDIANS the public interest, and therefore is not 49.20, (l ) _____------Do. required. 49.22, Forest products— Do. Chapter I— Bureau of Indian Affairs, Part 609 is amended as follows: 49.24, (l) ______Do. Department of the Interior Note: Where the general classification 49.26, Forest products. Do. (L/MFR, ADF, VOR, TerVOR, VOR/DME, 49.28, (!)______Do. A ppendix—E xtensio n op the T rust or ILS, or RADAR), location, and procedure 49.30, Forest products— Do. number (if any) of any procedure in the 49.32, (i)______Do. R estricted S tatus op Certain I ndian L ands amendments which follow, are identical with 49.34, Forest products— Do. an existing procedure, that procedure is to 49.36, (l) ______Do. TRUST PERIODS EXPIRING DURING CALENDAR be substituted for the existing one, as of the 49.38, Forest products— Po. YEAR 1 9 5 8 effective date given, to the extent that i 49.40, i1) ______Do. differs from the existing procedure; where a 49.42, Forest products. Do. By virtue of and pursuant to the au­ procedure is cancelled, the existing procedur 49.44, (i)______Do. thority delegated by Executive Order No. is revoked; new procedures are to be pia£® 49.46, Forest products. Do. 10250 of June 5, 1951, and pursuant to in appropriate alphabetical sequence within 1 Split channels. section 5 of the act of February 8, 1887 the section amended. Tuesday, January 7, 1958 FEDERAL REGISTER 113 1. The low or medium frequency range procedures prescribed in § 609.100 (a) are amended to read in part: LFR Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSI«, Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— T o - altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

M X F-L FR ...... Direct______1700 T -dn______300-1 300-1 200-H C-dn______400-1 500-1 500-1K S-d-15...... 400-1 400-1 400-1 S-n*...... NA NA NA A-dn______800-2 800-2 800-2

•Night operation Runway 15-33 N A due lack of obstruction and runway lights. • Procedure turn W side N crs, 360 Outbnd, 180 Inbnd, 1700' within 10 miles. Minimum altitude over facility on final approach crs, 1200'. Crs and distance, facility to airport, 168—4.7. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.7 miles, climb to 1500' on SW crs within 20 miles. City, Montgomery! State, Ala.; Airport Name, Dannelly Field; Elev., 219'; Fac. Class, SBRAZ; Ident., M XF; Procedure No. 1, Arndt. 9; .Eff. Date, 25 Jan. 58; Sup. Arndt. No. 8; Dated, 13 Jan. 54

ACT-VOR ...... ACT-LFR ...... Direct...... 2000 T -d n ______300-1 300-1 200-}# C-dn__...... 400-1 500-1 5 0 0 -lH S-dn-36*...... 400-1 400-1 400-1 A-dn...... 800-2 800-2 800-2

Radar Terminal Maneuvering Altitude all directions within 20 mi of Radar site—2000'. *710 FPM descent required at 110K. Procedure turn E side S crs, 189 Outbnd, 009 Inbnd, 2000' within 10 mi. Beyond 10 mi NA. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 010—2.3. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 2.3 mi, climb to 2000' on N crs within 20 mi or, when directed by ATC, turn left, climb to 2000' on NW crs within 20 mi. City, Waco; State, Tex.; Airport Name, Municipal; Elev., 515'; Fac. Class, SBRAZ; Ident., ACT; Procedure No. 1, Arndt. 10; Eff. Date, 25 Jan. 58; Sup. Amdt. No. 9; Dated, 5 Oct. 57 2. The automatic direction finding procedures prescribed in § 609.100 (b) are amended to read in part: ADF Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance .with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular,area or as set forth below.

Transition Celling and visibility minimums

2-engine or less Minimum More than From— T o - Course and altitude Condition 2-engina. distance (feet) 65 knots More than more than or less 65 knots 66 knots

Elkins LFR „ C K B -R B n______6000 T-dn* ...... 500-1 600-1 Elkins VOR nirB-R H n 4000 C-d ...... 1000-1 Int 328° a s from Elkins VOR and 0fQ° crs.. CK B-RBn (Final) A D F ...... Direct______2200 A -d...... 1500-2

.Night take-offs not authorized on NW-SE Runways. frocedure turn W side of crs,*220 Outbnd, 040 Inbnd, 3000' within 10 miles. Minimum altitude over facility on final approach crs, 2200'. Facility at airport. 10 mileiSUi^ contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.0 miles, turn left, climb to 3000' on crs of 220° within

Caution: Standard clearance not provided over 2045' msl tower 3.5 mi NW of final approach course. City, Clarksburg; State, W, Ya.; Airport Name, Benedum; Elev. 1209'; Fac. Class, HW; Ident., C KB ¡Procedure No. 1, Amdt. 4; Eff. Date, 25 Jan. 58; Sup. Amdt. No. 3; Dated, 29 May 54 114 RULES AND REGULATIONS

3. The very high frequency omnirange (VOR) procedures prescribed in § 609.100 (c) are amended to read in part: VOR Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— T o - distance altitude Condition more than (feet) 65 knots More than 65 knots or less 65 knots

Columbus L FR ______CSG-VOR...... Direct, . _ . 2000 300-1 300-1 om-Vj CSG-VOR______2000 C - d ...... 600-1 600-1 B00-1 C-n...... 600-2 600-2 600-2 S-d-12...... 600-1 600-1 600-1 S-n-12...... 600-2 600-2 600-2 A-dn______800-2 800-2 800-2

Procedure turn W side of course, 328 Outbnd, 148 inbnd, 1700' within 10 miles. Minimum altitude over facility on final approach course, 1200'. Crs and distance, facility to airport, 148—6.7. If-visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.7 miles, turn left, climb to 2000' on 052° bmg from CSG LOM to Geneva Int, or within 6.7 mi, turn left, climb to 2000' and proceed to CSG VOR via R-148. City, Columbus; State, Ga.; Airport Name, Muscogee Co.; Elev. 397'; Fac. Class, BVOR; Ident. CSG; Procedure No. 1, Arndt, l; Eff. Date, 25 Jan. 58; Sup. Arndt. No. Orig.; Dated, 9 Feb. 57.

PM Y-VOR ______1200 T-dn 300-1 300-1 ■ 200-M C-dn...... 400-1 500-1 500-ij-i S-d-4...... 400-1 400-1 400-1 A-dn______800-2 800-2 800-2

Procedure turn S side of crs, 222 Outbnd, 042 Inbnd, 1200' within 10 mi. Minimum altitude over facility on final approach crs, 700'. Crs and distance, facility to airport, 042—3.0. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.0 mi, climb to 1300' on R-042 within 15 mi. C aution: 15 mi limitation due to traffic. City, Fort Myers; State, Fla.; Airport Name, Page Field; Elev., 17'; Fac. Class, BVOR; Ident., FM Y; Procedure No. 1, Arndt. 7; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 6; Dated, 29 May 54

T/A V -V O R ______1500 T -dn 300-1 300-1 200-M T/AY-VO R ______3000 600-1 600-1 600-1H 6 Nautical mi from LAX VOR on R 250 as T/AX-VOR (Final!______600 S-dn-7R-L_...... 400-1 400-1 400-1 reported by LAX Radar or by DM E fix. A-dn______800-2 800-2 800-2

Radar vectoring to final approach crs ’authorized.' Procedure turn S side of crs, 250 Outbnd, 070 Inbnd, 1500 within 10 miles. Minimum altitude over facility on final approach crs, 600'. Crs and distance, facility to airport, 070—1.2. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.2 miles, climb to 2000' on LAX R-074, no further East than Downey FM-RBn. City, Los Angeles; State, Calif.; Airport Name, International; Elev., 126'; Fac. Class, BVOR; Ident., LAX; Procedure No. 1, Arndt. 3; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 2; Dated, 29 Aug. 57

M O R -V O R ______1500 300-1 300-1 200-M MOR-VOR ______1600 C-dn ... 400-1 500-1 600-lH S-dn-9______400-1 400-1 400-1 A-dn______800-2 800-2 800-2 •

Procedure turn S side of crs, 287 Outbnd, 107 Inbnd, 1400 within 10 miles. Beyond 10 mi NA. Minimum altitude over facility on final approach crs, 900'. Crs and distance, facility to airport, 107—6.3. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.3 miles, turn left, climb to 1600 on R-065 within 20 mi. Caution: 647' TV tower located 4.1 miles ESE of airport. City, Mobile; State, Ala.; Airport Name, Bates Field; Elev., 217'; Fac. Class, BVOR; Ident., MOB; Procedure No. I; Amdt. 6; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 5; Dated, 26 Jan. 57

A CT -V O R ______D irect.— . . . 1900 T -d n ___ . 300-1 300-1 200-H. ACT-VOR (Final! 1400 C -dn ...... 400-1 500-1 600-lJi R-321 ...... 1900 S-dn-14 400-1 400-1 400-1 ACT-VOR (Final) ______1400 800-2 800-2 800-2

•D M E fix. Radar terminal maneuvering altitude all directions within 20 miles of Radar site—2000'. Procedure turn W side of crs, 321 Outbnd, 141 Inbnd, 1900' within 10 miles. Beyond 10 mi NA. Minimum altitude over facility on final approach crs, 1400'. Crs and distance, facility to airport, 141—3.0. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.0 miles, climb to 2000' on R-136 within 20 miles or, when directed by ATO, turn right, climb to 2000' on R-187 within 20 miles, or turn right, climb to 2000' and return to ACT-VOR, or turn right, climb to 2000' on R-321 anu proceed to Brazos Int. City, Waco; State, Tex.; Airport Name, Municipal; Elev., 515'; Fac. Class, BVOR-DME; Ident., ACT; Procedure No. 1, Amdt. 5; Eff. Date, 25 Jan. 58; Sup. Amdt. No. i Dated, 5 Oct. 57 Tuesday, January 7, 1958 FEDERAL REGISTER 115

VOR Standard I nstrument Approach P rocedure— C ontinued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum 2-engine, From— To— altitude Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

R-141 _____ 2000 T-dn ___ 300-1 300-1 200-)4 Direct______. 1500 C^dn#__...... 400-1 500-1 500-ÌJ4 4 mi fix* R-141 (Final to m y 32) Direct______.. #900 S-dn-32#@_____ 400-1 400-1 400-1 A-dn#...... 800-2 800-2 800-2

Radar terminal maneuvering altitude all directions within 20 miles of radar site—2000'. ¡¡(Landing ceiling minim urns without DM E are 1000' (1500 m. s. L). @570 F. P. M. descent required at 105 K. Procedure turn E side of crs, 141 Outbnd, 321 Inbnd, 2000 within 10 miles. Beyond 10 miles NA. Minimum altitude over facility on final approach crs, 1500 over 7 mi fix* R-141, if no DM E, 1500 over VOR#. Crs and distance, facility to airport, 141—4 VOR to SE end m y 32 (4 mi fix*), 321—3 mi from 7 mi fix* to m y 32 (4 mi fix*). If visual contact not established upon descent to authorized landing mirtimums or if landing not accomplished at 4 mi fix*, climb to 2300' on R-306 within 20 ml. No DM E: within 0 mi, (over VOR)# climb to 2300' on R-306 within 20 mi, or when directed by ATC, climb to 2000' on R-321, turn left add return to ACT VOR. •DME fix. City, Waco; State, Tex.; Airport Name, Municipal; Elev., 515'; Fac. Class, BVOR-DM E; Ident., ACT; Procedure No. 2, Arndt. 3; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 2; Dated, 5 Oct. 57 4. The instrument landing system procedures prescribed in § 609.400 are amended to read in part: ILS Standard Instrument Approach P rocedure Bearings, headings, courses and radiais are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— To— Course and altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

LAX R B n___ TOM 2000 300-1 300-1 200-)4 Downv FM -RBN LOM fFinall *1700 C-dn...... 500-1 600-1 600-1)4 LGB LFR...... 3000 S-dn-25L, ILS.. 200-H 20O-)4 200-)4 LOB VOR______3000 S-dn-25L, R, 400-1 400-1 400-1 LOB LFR...... TO M ' ...... 1700 ADF. LOB VOR...... TOM 1700 A-dn: Hollywood Hills FM ...... TOM 3000 ILS ___ 600-2 600-2 600-2 LAX VOR...... LOM _ Direct__ __ _ 2000 ADF __ 800-2 800-2 800-2

Radar vectoring to final approach crs authorized. •Aircraft must descend from 3000' immediately after passing Downy, inbnd. Procedure turn S side E crs, 068 Outbnd, 248 Inbnd. 2000' within 7.8 mi of OM (E of Downy Rbn N A ). Minimum altitude at glide slope int inbnd—1700' ILS; Min. alt. over LOM inbnd final 1700 ADF. Altitude of glide slope and distance to approach end of runway at OM 1700'—5.2; at M M —310—0.5. * i ¿J visual contact not established upon descent to authorized landing minimums or if landing not accomplished, within 5.2 mi. after passing LOM, climb to 2000' on W crs LAX ILS within 20 mi. City, Los Angeles; State, Calif.; Airport Name, International; Elev. 126'; Fac. Class, ILS-LAX; Ident., LOM-LA; Procedure No. ILS-25L, Comb. ILS-A D F, Arndt 16; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 15; Dated 29 Aug. 57.

Scotland MHW TO M fFinaTl 1000 T-dn* 300-1 300-1 20044 Colts Neck VOR via R-063 . TLS SW crs 1400 500-1 500-1 500-1)4 ■**&dar terminal area transistions: S-dn-4*: All directions...... 2500 TLS 200-34 200-J4 20044 E of NE-SW crs of LOA-LFR 1500 ADF 400-1 400-1 400-1 A-dn: ILS...... 600-2 600-2 600-2 A D F...... 800-2 800-2 800-2

20(l' an(l runway visual range 2600' also authorized, for takeoff and landing on Rnwy 4 provided all components of the ILS (PAR) and related airborne equipment are to satisfactory operating condition. Procedure turn S side SW crs ILS, 223 Outbnd, 043 Inbnd, 1200' within 10 mi of LOM. altitude at glide slope int inbnd, 1000'. Minimum altitude over LOM inbnd final, 700' ADF. Altitude of glide slope and distance to approach end of m y at LOM—770—2.5; at M M —230—0.6. in? n !v fUal co?*aci; n°t established upon descent to authorized landing minimums or if landing not accomplished within 2.5 miles (ADF), climb to 500' on NE crs ILS or bear- ■ n»TT*rom kOM . make a climbing right turn to 1500' and proceed to the Lido MHW and hold SW. Contact Idlewild approach control for further instructions. caution: Circling landing minimums do not provide std clmc over arpt cont twr and stack 278' 1.7 ml SSE m y 1R. City, New York; State, N . Y.; Airport Name, International; Elev., 12'; Fac. Class, ILS-OM-H; Ident., IDL; Procedure No. ILS-4, Comb. ILS-A D F, Arndt. 16; Eff. Date, 25 Jan. 58; Sup. Arndt. No. 15; Dated, 7 Dec. 57

No. -3 116 RULES AND REGULATIONS 5. The radar procedures prescribed in § 609.500 are amended to read in part: R adar Standard Instrument Approach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are In feet, MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If a radar instrument approach is conducted at the below named airport, it shall be In accordance with the following instrument procedure, unless an approach Is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Mini, mum altitudefs) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. Prom initial contact with radar to final authorized landing minimums, the instructions of the radar controller are mandatory except when (A) visual con­ tact established on final approach at or before descent to the authorized landing minimums, or (B) at pilot’s discretion if it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; of (D) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engJne or less Minimum More than From-— To— Course and altitude Condition •2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

All directions______'______2500 Precision ap iroach £ of NE-SW ers of LQ A-LFR...... Radar site...... 1500 300-1 300-1 2 0 0 4 3 C-dn-all______500-1 500-1 500-1)3 S-dn-4*...... 200-Ji 20043 200-33 A-dn-4______600-2 600-2 600-2 A -d n -all______800-2 800-2 ■ 800-2

•Ceiling 200' and runway visual range 2600' also authorized for takeoff and landing on Rnwy 4 provided all components of the ILS (PAR) and related airborne equipment are in satisfactory operating condition. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished climb to 500' on heading of 043, make a climbing right turn to 1500' and proceed to Lido MHW and hold SW. Contact Idlewild approach control for further instructions. Caution: Ceiling minimums do not provide standard clearance over 278' stack 1.7 mi SSE of Runway 4R and 165' airport control tower. City, New York; State, N . Y.; Airport Name, International; Elev., 12'; Fac. Class, Idlewild; Ident., Radar; Procedure No. 1, Arndt. 10; Eff. Date, 25 Jan. 58; Sup. Amdt. No. 9; Dated, 7 Dec. 57 These procedures shall become effective on the dates indicated on the procedures. (See. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interpret or apply sec. 601, 52 Stat. 1007, as amended; 49 U. S. C. 551) [SEAL] W illiam B. D avis, Acting Administrator of Civil Aeronautics. D ecember 18, 1957. [F. R. Doc. 58-153; Filed, Jan. 6,1958; 8:53 a. m.]

TITLE 16— COMMERCIAL elusion of law and order to cease and sentatives, agents, or employees, directly desist, from which respondents appealed. or through any corporate or other device, PRACTICES The Commission, having heard the mat­ in connection with the sale, of food or 'Chapter I— Federal Trade Commission ter upon briefs and oral argument, de­ food products for Canada Foods Ltd., or nied the appeal and on December 10 any other seller principal, in commerce, [Docket 6484] adopted the initial decision as the deci­ as “commerce” is defined in the Clayton P art 13— D igest of Cease and D esist sion of the Commission. Act, as amended, do forthwith cease and Orders In the Matter of Henry Broch and Oscar desist from: (1) Paying, granting or allowing, di­ HENRY BROCH & CO. ET AL. Adler, Copartners Trading as Henry Broch & Co. rectly or indirectly, to The J. M. S m u ck er Subpart—Discriminating in price under Company, or to any other buyer, or to section 2, Clayton Act, as amended— This proceeding was heard by a hear­ anyone acting for or in behalf of or who payment or acceptance of commission, ing examiner on the complaint of the is subject to the direct or indirect con­ brokerage, or other compensation under Commission charging Chicago brokers trol of such buyer, any allowance or 2 (c): § 13.822 Lowered price to buyers.1 with violating section 2 (c) of the Clay­ discount in lieu of brokerage, or any part (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interprets ton Act by granting a percentage of their or percentage thereof, by selling any or applies sec. 2, 38 Stat. 730, as amended; commission to a buyer of apple concen­ food or food products to such buyer at 15 U. S. C. 13) [Cease and desist order, Henry trate; specifically accepting a three per­ prices reflecting a reduction from the Broch and Oscar Adler trading as Henry cent commission instead of the customary prices at which sales of such foods are Broch & Co., Chicago, HI., Docket 6484, De­ brokerage fee of five percent whereupon currently being effected by respondents cember 10, 1957] the seller lowered its established price to for Canada Foods Ltd. or any other seller This proceeding was heard by a hear­ the buyer, recouping part of the reduc­ principal, as the case may be, w here ing examiner on the complaint of the tion out of what respondent brokers such reduction in price is accompanied Commission charging Chicago brokers would have earned at the normal bro­ by a reduction in the regular rate of with violating section 2 (c) of the Clay­ kerage fee of five percent. commission, brokerage or other compen­ ton Act by granting a percentage of their Following proceedings in due course, sation currently being paid to respond­ commission to a buyer of apple concen­ the hearing examiner made his initial ents by such seller principal for broker­ trate; specifically accepting a three per­ decision, including findings of fact, con­ age services ; or cent commission instead of the custom­ clusion of law and order to cease and (2) In any other manner, paying, ary brokerage fee of five percent desist, from which respondents appealed. granting or allowing, directly or indi­ whereupon the seller lowered its estab­ The Commission, having heard the mat­ rectly, to The J. M. Smucker Company, lished price to the buyer, recouping part ter upon briefs and oral argument, de­ or to any other buyer, or to anyone act­ of the reduction out of what respondent nied the appeal and on December 10 ing for or in behalf of or who is subject brokers would have earned at the normal adopted the initial decision as the de­ to the direct or indirect control of such brokerage fee of five percent. cision of the Commission. buyer, anything of value as a commis­ Following proceedings in due course, The order to cease and desist is as sion, brokerage or other compensation the hearing examiner made his initial follows: or any allowance or discount in lieu decision, including findings of fact, con- It is ordered, That respondents Henry thereof upon, or in connection with, any Broch and Oscar Adler, copartners trad­ sale of food or food produces to such l New. ing as Henry Broch & Co., their repre­ buyer for its own account. Tuesday, January 7 , 1958 FEDERAL REGISTER 11 7 By “Final Order”, report of compliance tion into commerce, or the offering for [Docket 6840] was required as follows: sale, sale, transportation, or distribution P art 13— D igest of Cease and D esist in commerce, as “commerce” is defined in O rders It is ordered, That respondents Henry the Federal Trade Commission Act and Broch and Oscar Adler shall, within CENTURY PRODUCTS WORKS, INC., ET AL. sixty (60) days after service \ipon them the Wool Products Labeling Act of 1939, of this order, file with the Commission of reprocessed wool or reused wool or Subpart—Advertising falsely or mis­ a report, in writing, setting forth in detail other “wool products,” as “wool products” leadingly: § 13.70 Fictitious or mislead­ the manner and form in which they have are defined in the Wool Products Label­ ing guarantees; § 13.110 Indorsements, ing Act of 1939, do forthwith cease and approval, or awards; § 13.155 Prices; complied with the order to cease and desist from misbranding or mislabeling desist contained in the initial decision. Exaggerated as regular and customary; such products by: fictitious marking. Subpart—Furnish­ Issued: December 10, 1957. Failing to securely affix to or place ing means and instrumentalities of mis­ By the Commission. on each such product a stamp, tag, representation or deception: § 13.1056 label or other means of identification Preticketing merchandise misleadingly. [ seal] - R o b e r t M. P a r r is h , showing in a clear and conspicuous Subpart—Misbranding or mislabeling: Secretary. manner: § 13.1280 Price. (a) The percentage of the total fiber [P. R. Doc. 58-111; Piled, Jan 6, 1958; (Sec. 6, 38 Stat. 721^15 U. S. C. 46. Interpret 8:48 a. m.] weight of such wool product, exclusive or apply sec. 5, 38 Stat. 719, as amended; 15 of ornamentation not exceeding fiTTe U. S. C. 45) [Cease and desist order, Cen­ percentum of said total fiber weight, of tury Products Works, Inc., et al., Bronx, (1) wool, (2) reprocessed wool, (3) re­ N. Y., Docket 6840, December 10, 1957] [Docket 6763[ used wool, (4) each fiber other than wool where said percentage by weight In the Matter of Century Products Part 13—D igest op Cease and D esist of such fiber is five percentum or more, Works, Inc., a Corporation, Century O rders (5) the aggregate of all other fibers; Enterprises, Inc., a Corporation, and B. SCHOOLSKY & SON, INC., ET AL. (b) The maximum percentage of the Ned M. Grossberg, Morris Brandler, total weight of the wool product, of any and Sam Klein, Individually and as Subpart—Invoicing products falsely: Officers of Said Corporations § 13.1108 Invoicing products falsely: non-fibrous loading, filling, or adulter­ Wool Products Labeling Act. Subpart— ating matter; This proceeding was heard by a hear­ Misbranding or mislabeling: § 13.1212 (c) The name or registered identifica­ ing examiner on the complaint' of the Formal regulatory and statutory re­ tion number of the manufacturers of Commission charging two associated cor­ quirements: Wool Products Labeling such wool product, or of one or more porations in Bronx, N. Y., the manufac­ Act. Subpart—Neglecting, unfairly or persons engaged in introducing such turer and sole distributor, respectively, deceptively, to make material disclosure: wool product into commerce, or in the of irons, cooker-fryers, and skillet-cas­ § 13.1852 Formal regulatory and statu­ offering for sale, sale, transportation, seroles, with representing fictitious and tory requirements: Wool Products La­ distribution, or delivery for shipment exaggerated prices as the usual retail beling Act. thereof in commerce, as “commerce” is prices and representing falsely that cer­ defined in the Wool Products Labeling tain of their products had been approved (Secs. 6,38 Stat. 721; 15 U. S. C. 46. Interpret Act of 1939. or apply sec. 5, 38 Stat. 719, as amended, by Good Housekeeping Magazine and secs. 2-5, 54 Stat. 1128-1130; 15 U. S. C. 45, It is further ordered, That B. School­ advertised therein, in advertising ma­ 68-68 (c)) [Cease arid desist order, B. sky & Son, Inc., a corporation, and its terial prepared by them for their pur­ Schoolsky & Son, Inc., et al., Manville, R. I., officers; respondent Benjamin Schoolsky, chasers for use in the resale of their Docket 6763, December 10,1957j individually and as an officer of said products, in newspapers, on attached In the Matter of B. Schoolsky & Son, corporation and respondent Robert tags and labels, and on the cartons in Schoolsky, individually and as an offi­ which the products were displayed and Inc., a Corporation, Benjamin School­ cer of said corporation, and respondents’ sold. sky, and Robert Schoolsky, Individual­ representatives, agents, and employees, Following approval of an agreement ly and as Officers of Said Corporation directly, or through any corporate or between the parties containing consent This proceeding was heard by a hear­ other device, in connection with the order, the hearing examiner made his ing examiner on the complaint of the offering for sale, sale, or distribution of initial decision and order to cease and Comniission charging manufacturers in wool, reprocessed wool or reused wool desist which became on December 10 the Manville, R. I., with violating the Wool stock or any other products in commerce, decision of the Commission. Products Labeling Act by failing to label as “commerce” is defined in the Federal The order to cease and desist is as wool products as required and by repre­ Trade Commission Act, do forthwith follows: senting in sales invoices and other ship­ cease and desist from: ping memoranda that certain products Misrepresenting the constituent fibers It is ordered, That respondents Cen­ contained various amounts of wool when of which their products are composed or tury Products Works, Inc., and Century in fact the fiber content of the stock was the percentages or amounts thereof, in Enterprises, Inc., corporations, and their “reprocessed wool” and “reused wool”. sales invoices, shipping memoranda or in Officers, and Ned M. Grossberg, Morris any other manner. Brandler and Sam Klein, individually Following approval of an agreement and as officers of each of said corpora­ between the parties for a consent order, By “Decision of the Commission”, etc., tions, and respondents’ agents, repre­ the hearing examiner made his initial report of compliance was required as sentatives, and employees, directly or decision and order to cease and desist follows: which became on December 10 the deci­ through any corporate or other device, in sion of the Commission. It is ordered, That the respondents connection with the offering for sale, sale * .fke order .to cease and desist is as herein shall within sixty (60) days after and distribution of electrical appliances, follows: service upon them of this order, file with including irons, cooker-fryers, and the Commission a report in writing set- skillet-casseroles, or other articles of c IS. ordered, That the respondent, B. ing forth in detail the manner and form merchandise, in commerce, as “com­ itc ** Son’ Inc-> a corporation, and officers; respondent Benjamin School- in which they have complied with the or­ merce” is defined in the Federal Trade der to cease and desist. Commission Act, do forthwith cease and and as an officer of said c3„^Por1a1tlon* and respondent Robert Issued: December 10, 1957. desist from: bchooisky, individually and as an officer By the Commission. 1. Representing directly or indirectly: aid corporation, and respondents’ a. That any stated price, which is in diro^en^a^lves’ agente, and employees, [ seal] R obert M. P arrish, excess of the price at which such prod­ t.hrough any corporate or Secretary. ucts are regularly and usually sold at trfv1J evice>in connection with the in- [F. R. Doc. 58-110; Filed, Jan. 6, 1958; retail, is the retail price of such uction or manufacture for introduc­ 8:48 a. m.] products. 118 RULES AND REGULATIONS b. That respondents’ said products .and as officers of each of said corpora­ (2) That none of such crop of wheat is have been advertised in Good House­ tions, shall, within sixty (60) days after removed from such farm except to be proc­ keeping magazine or any other publi­ service upon them of this order, file with essed for use as human food or livestock feed on such farm and none of such crop is sold cation or approved or guaranteed by the Commission a report in writing, or exchanged for goods or services; Good Housekeeping magazine or any setting forth in detail the manner and (3) That such entire crop of wheat is other person, firm, or corporation, when form in which they have complied with used on such farm for seed, human food, or such is not the fact. the order to cease and desist. feed for livestock, including poultry, owned by any such producer, or a subsequent owner By “Decision of the Commission", etc., Issued: December 10, 1957. or operator of the farm; and report of compliance was required as (4) That such producers and their suc­ follows : By the Commission. cessors comply with all regulations prescribed It is ordered, That respondents Cen­ [ seal] R obert M. P arrish, by the Secretary for the purpose of de­ tury Products Works, Inc., and Century termining compliance with the foregoing Enterprises, Inc., corporations, and their Secretary. conditions. officers, and Ned M. Grossberg, Morris [F. R. Doc. 58-109; Filed, Jan. 6, 1958; Section 335 (f) of the act also pro­ Brandler and Sam Klein, individually 8:48 a. m.] vides that: “Failure to comply with any of the foregoing conditions shall cause the exemption to become immediately null and void unless such failure is due to circumstances beyond the control of PROPOSED RULE MAKING such producers as determined by the Secretary. In the event an exemption becomes null and void the provisions of DEPARTMENT o f h e a l t h , e d u ­ The analytical method proposed in the this act shall become applicable to the petition for determining residues of 1,1- same extent as. if such exemption had c a t io n , AND WELFARE b i s ( p-chlor ophenyl ) -2,2,2-trichloro­ not been granted. No acreage planted ethanol is that published in Agricultural Food and Drug Administration to wheat in excess of the farm acreage and Food Chemistry, Volume 5, number allotment for a crop covered by an [21 CFR Part 1201 7, page 514, July 1957. exemption hereunder shall be consid­ Dated: December 27, 1957. ered in determining any subsequent T olerances and E xem ptions F rom T ol­ wheat acreage allotment or marketing erances for P esticide Chemicals in or [ seal] R obert S. R oe, quota for such farm and the estimated on R aw A gricultural Commodities Director, production from such excess acreage Bureau of Biological shall not be included in total supply and n o tice of filing of petition for estab­ and Physical Sciences. normal supply in the determination of lish m en t OF TOLERANCES FOR RESIDUES [F. R, Doc. 58-116; Filed, Jan. 6, 1958; future marketing quotas and level of. OF 1,1-BIS (P-CHLOROPHENYL)-2,2,2- 8:50 a. m.] price support. No producer exempted TRICHLOROETHANOL under this section shall be eligible to Pursuant to the provisions of the Fed­ vote in the referendum under section eral Food, Drug, and Cosmetic Act (sec. DEPARTMENT OF AGRICULTURE 336 with respect to the next subsequent crop of wheat." 408 (d) (1), 68 Stat. 512; 21 U. S. C. 346a Commodity Stabilization Service .(d) (1) ), the following notice is issued: It is proposed that the regulations gov­ A petition has been filed by Rohm and [ 7 CFR Part 728 1 erning the exemption provisions for the Haas Company, 222 West Washington 1959 crop of wheat will be substantially Square, Philadelphia 5, Pennsylvania, 1959 F eed W heat M arketing Q uota the same as those for the 1958 crop of proposing the establishment of toler­ Exem ption R egulations wheat (22 F. R. 8213), except that the ances for residues of 1,1-bis (p-chloro- NOTICE OF PROPOSED RULE MAKING final date for filing an application for the exemption in the office of the ASC phenyl)-2,2,2-trichloroethanol in or on Pursuant to the authority contained in raw agricultural commodities as follows: county committee by at least one wheat 30 parts per million in or on hops. applicable provisions of the Agricultural producer on the farm will be August 1, Adjustment Act of 1938, as amended (7 1958, in any area where winter wheat is 10 parts per million in or on almond U. S. C. 1335, 1373, 1375), the Secretary hulls, apricots, beet tops, Chinese cab­ produced, and February 15, 1959, where of Agriculture is preparing to formulate only spring wheat is produced. bage, collards, dandelion, endive, grape­ regulations exempting producers from fruit, kale, kumquats, lemons, lettuce, Prior to issuing the regulations, consid­ marketing penalties on the 1959 crop of eration will be given to data, views, and limes, mustard greens, nectarines, or­ wheat, if all the wheat crop is fed or anges, parsley, peaches, salsify tops, used on the farm where grown. Section recommendations pertaining therete spinach, Swiss chard, tangelos, tanger­ 335 (f ) of the act provides that the Sec­ which are submitted to the Director, ines, turnip tops, watercress. retary, upon application made pursuant Grain Division, Commodity Stabilization 5 parts per million in or on almonds, to regulations prescribed by him, shall Service, United States Department of apples, beans, blackberries, boysenber- exempt producers from any obligation Agriculture, Washington 25, D. C. All ries, bushnuts, butternuts, cantaloup, under the act to pay the penalty on, written submissions must be postmarked cherries, chestnuts, crabapples, cucum­ deliver to the Secretary, or store the not later than thirty days after the date bers, dewberries, eggplant, fat of beef, farm marketing excess with respect to of publication of this notice in the Fed­ swine, sheep, figs, filberts, grapes, hazel­ any farm for any crop of wheat har­ eral R egister. nuts, hickory nuts, loganberries, melons, vested in 1958 or any subsequent year on the following conditions: Issued at Washington, D. C., this 30th muskmelons, pears, peas, pecans, pep­ day of December 1957. pers, pimentos, plums (fresh prunes), (1) That the total wheat acreage on the pumpkin, quinces, raspberries, soybeans, farm does not exceed 30 acres : Provided, how­ [ seal] Clarence L. M iller, ever, That this condition shall not apply to Associate Administrator. summer squash, strawberries, tomatoes, farms operated by and as part of State or walnuts, watermelons, winter squash. county institutions or religious or eleemos­ [F. R. Doc. 58-121; Filed, Jan. 6, 1958; 0.1 part per million in or on cottonseed. ynary institutions; 8:51 a. m.] Tuesday, January 7, 1958 FEDERAL REGISTER 119

NOTICES

e. The Babcock & Wilcox Company has filed March 20, 1957, the Commission Issued Li­ ATOMIC ENERGY COMMISSION with the Commission, as proof of financial cense No. CX-1 to The Babcock & Wilcox [Docket No. 50-13] protection, pursuant to 10 CFR 140, a show­ Company authorizing operation of its critical ing that it has adequate resources in the experiment facility, and the performance Babcock & W ilcox Co. form specified to provide the financial pro­ therein of critical experiments related to the tection required. design of the Consolidated Edison power re­ NOTICE OF PROPOSED ISSUANCE OF FACILITY 2. Subject to the conditions and require­ actor. Notice of the issuance of this license LICENSE ments incorporated herein, the Commission was published in the F ederal Register on Please take notice that the Atomic hereby licenses The Babcock & Wilcox March 27, 1957, 22 F. R. 2018. Company : On October 2, 1957, Construction Permit •Energy Commission proposes to issue a a. Pursuant to section 104 (c) of the act No. CPCX-9 was issued to The Babcock & facility license to The Babcock & Wilcox and Title 10, CFR, Chapter 1, Part 50, Wilcox Company authorizing construction Company, substantially in the form set “Licensing of Production and Utilization of the second critical experiment facility. forth in Annex “A” below unless on or Facilities”, to possess and operate as a Notice of the proposed issuance of this per­ before 15 days after the filing of this utilization facility the facility designated mit was published in the F ederal R egister on notice with the Federal Register Divi­ below. September 17, 1957, 22 F. R. 7411. Addi­ b. Pursuant to the act and Title 10, CFR, tional amendments to its application were sion a request for a formal hearing is Chapter 1, Part 30, “Licensing of Byproduct filed by The Babcock & Wilcox Company on filed with the Commission as provided Material”, to possess, but not to separate October 8, 1957, October 18, 1957, and De­ by the Commission’s rules of practice such byproduct material as may be produced cember 3, 1957. Representatives of the AEC (10 CFR Part 2). There is also set forth in the operation of the facility. have inspected the facility and determined below as Annex “B” a memorandum 3. This license applies to the facility which that construction of the second critical submitted by the Division of Licensing is owned by The Babcock & Wilcox Company facility is complete and in substantial ac­ and Regulation which summarizes the and located near Lynchburg, Virginia, and cord with specifications contained in the principal factors considered in reviewing described in The Babcock & Wilcox Com­ application for license. pany’s application filed on February 1, 1957, Description of Facility and Site. The site the application for license. A construc­ and amendments thereto filed on April 5, is described in the Notice of Proposed Issu­ tion permit authorizing The Babcock & 1957, June 3, 1957, October 8, 1957, October ance of Facility License to The Babcock & Wilcox Company to construct the facility 18,1957 and December 3, 1957 (all hereinafter Wilcox Company previously published in the was issued by the Commission on October “the application”). F ederal R egister on March 6, 1957, 22 F. R. 2, 1957. For further details see the ap­ 4. This license shall be deemed to contain 1419. plication for license at the Commission’s and be subject to the conditions specified in The critical facility structure is described Public Document Room, 1717 H Street § 50.54 of Part 50; is subject to all applicable in the Notice of Proposed Issuance of Con­ provisions of the act and rules, regulations struction Permit to The Babcock & Wilcox NW., Washington, D. C. and orders of the Commission now or here­ Company previously published in the Fed­ Representatives of the AEC have in­ after in effect; and is subject to the addi­ eral R egister on September 17,. 1957, 22 F. R. spected the facility and determined that tional conditions specified or incorporated 7411. construction is complete and in substan­ below: Description of Experiments. The experi­ tial accord with specifications contained a. No critical experiment other than the ments to be performed in this addition to in the application for license. experiments described in BAW-1023, dated the existing critical facility comprise an in­ October 1957, may be conducted in the facil­ vestigation of the proposed fuel assembly and The proposed license incorporates as ity until a description of the experiment and core for the Nuclear Merchant Ship Reactor. one of its conditions a requirement that a Hazards Summary Report shall have been A total of approximately 10,000 kilograms of no critical experiment other than the submitted to the Commission and the Com­ uranium, enriched to between 2 percent and experiments described in the application mission shall have specifically authorized the 4 percent in U-235, will be used in the ex­ may be conducted in the facility until experimental activity. periments. The uranium will bp in the form a description of the experiment and a b. The Babcock & Wilcox Company shall of U02 which will be contained in stainless Hazards Summary Report shall have not operate the facility at a power level in steel tubes (each filled tube is called a “pin”) been submitted to the Commission and excess of 1000 watts (thermal). positioned in stainless steel cans. The as­ c. In addition to those otherwise required sembly will normally be operated at a power the Commission shall have specifically under this license and applicable regulations, of 10 watts or less, and may operate occa­ authorized the experimental activity. The Babcock & Wilcox Company shall keep sionally at levels up to 1000 watts maximum Dated at Washington, D. C., this 27th the following records: for short periods of time. day of December 1957. (1) Facility operating records, including Each fuel bundle or element will contain power levels. 192 fuel pins and four stainless steel stiffen­ For the Atomic Energy Commission. (2) Records showing radioactivity released ing rods. There will be 32 such bundles in or discharged into the air or water beyond the fully loaded core. E. R. P rice, the effective control of The Babcock & Wil­ Five movable control rods wil be provided, Acting Director, cox Company as measured at the point of with the central rod worth about 3.3 percent Division of Licensing and Regulation. such release or discharge. reactivity. These will be operated through a (3) Records of emergency scrams, includ­ drum and catble hoist arrangement which is APPENDIX " a ” ing reasons for emergency shutdowns. driven through a magnetic clutch to permit BABCOCK & WILCOX CO. d. The Babcock & Wilcox Company shall dropping all the rods from any position in [Docket No. 50-13] immediately report to the Commission any case of a scram condition. The maximum indication or occurrence of a possible unsafe excess which may be held in the movable 1. The Atomic Energy Commission (here­condition relating to the operation of the rods is expected to be less than 2 percent for inafter “the Commission”) finds that: facility. all of the experiments. a. The critical experiments facility (here­ 5. This license is effective as of the date of In addition, there may be as many as 16 inafter “the facility”) authorized for con­ issuance and shall expire at midnight Octo­ fixed rods which will be bolted into position struction by Construction Permit No. CPCK- ber 2, 1997, unless sooner terminated. and are expected to hold a maximum of 20 9 issued to The Babcock & Wilcox Company percent in excess reactivity. The average been constructed and will operate in Date of Issuance: total reactivity worth in the 21 control rod conformity with the application as amended For the Atomic Energy Commission. positions is expected to be about 10 percent. and in conformity with the Atomic Energy Automatic control of the reactor will be A<*of 1954, as amended (hereinafter “the obtained by use of a single speed regulating Act ), and the rules and regulations of the Director, rod. The servo system is characterized by commission; Division of Civilian Application. proportional reset action and can be switched t 18 reasonable assurance that the annex “b” on only when the power level is very near i«Ccan operated without endanger­ the demand set point. ing the health and safety of the public; MEMORANDUM The five control rods will be actuated by t 'I?le ®aiîcock & Wilcox Company is Introduction. On February 1, April 5, and separate DC motors and gear systems, which ecnnicaUy and financially qualified to June 3, 1957, The Babcock & Wilcox Com­ will deliver torque to the cable drum through operate the facility; pany filed amendments to its critical experi­ a magnetic clutch, which can be rapidly dis­ d. Issuance of a license to possess and ment facility license application requesting engaged to allow the rods to fall by gravity operate thè facility will not be inimical to a facility license authorizing construction for scram action. A common direct current .^°mrQon defense and security or to the and operation of an addition to its existing source will supply power to all the motors, health and safety of the public; critical experiments facility. Previously, on and will be so designed that simultaneous 120 NOTICES

operation of more than one motor will rep­ b. The Babcock & Wilcox Company is tech­ F arrell Lines, I nc., et al. resent so great a load that the speed of the nically and financially qualified to engage in motors will be reduced. The rate of reac­ the proposed activities. notice of agreement filed with the tivity insertion can then be restrieted so BOARD FOR APPROVAL that at maximum rod travel in the most sen­ Date of issuance: December 27,1957. sitive position, insertion will be less than For the Division of Licensing and Regu­ Notice is hereby given that the follow­ $0.05 per second. lation. ing described agreement has been filed The initial phase of the experimental pro­ E. R. Price, gram is to include a determination of the Acting Director. with the Board for approval pursuant to critical mass, control rod worth, flux cali­ section 15 of the Shipping Act, 1916 (39 [F. R. Doc. 58-97; Filed, Jan. 6, 1958; Stat. 733, 46 U. S. C. 814): bration and distribution pattern, resonance 8:45 a. m.] absorption and thermal utilization factor. Agreement No. 8238, between Farrell Other experiments will be based on the fully Lines Incorporated, Moore-McCormack loaded and poisoned core, and will include Lines, Inc., and Koninklijke Java-China- the effect of rods on each other, temperature DEPARTMENT OF COMMERCE Paketvaart Lijnen N. V. (Royal Inter­ effects, effect of dissolved poisons, rod chan­ nel water worth, gamma and fast neutron Federal Maritime Board ocean Lines), covers an arrangement for leakage, reactivity worth measurements and [Docket No. S-75] the interchange of tickets and exchange change in average enrichment. orders for the transportation of passen­ Safety Evaluation. For the experiments to American Export Lines, Inc. gers making triangular tours in either be performed in this facility, no unusual direction using the service of Farrell precautions appear necessary with regard to AMENDED NOTICE OF HEARING Lines between United States and Africa, earthquake, storm or flood. The notice published in the F ederal the service of Royal Interocean Lines be­ If the electrical system fails, operations R egister on July 6, 1957, concerning a will be shut down automatically. No hazards tween Africa and South America, and the are expected to result from normal oper­ public hearing to be held under section service of Moore-McCormack between ations. 605. (c) of the Merchant Marine Act, South America and the United States. The maximum credible accident described 1936, as amended, upon an application of Interested parties may inspect this by the applicant is assumed to result from American Export Lines, Inc., for a modi­ agreement and obtain copies thereof at an instantaneous addition of 2 percent re­ fication of the description of its subsi­ the Regulation Office, Federal Maritime activity, leading to the liberation of 3,720 dized service on Trade Route 18 and for Board, Washington, D. C., and may sub­ megawatt-seconds of energy. Upon insertion an increase in its subsidized sailings on of this amount of excess reactivity, the power mit, within 20 days after publication of would rise until the reactivity is self-com­ said service, from 22-26 to 34-50 per year, this notice in the F ederal R egister, writ­ pensated by the formation of radiolytic gas under its operating-differential subsidy ten statements with reference to the in the water and a rise in temperature of agreement, is hereby amended to pro­ agreement and their position as to ap­ the fuel pins. We concur in this analysis vide for a further modification of the de­ of the maximum credible accident and agree scription of the service operated by the proval, disapproval, or modification, that gas formation and the subsequent ex­ Applicant on Trade Route No. 18 so as together with request for hearing should pulsion of water from the reactor would to include the privilege of calling at such hearing be desired. cause the excursion to terminate. United States Gulf ports, but only for the The applicant’s calculations, with which Dated: December 31, 1957. we agree, show that such an excursion would purpose of carrying cargo to and from not rupture the fuel pins. However, since ports in the Persian Gulf. The amended By order of the Federal Maritime it is not inconceivable that a pin couid rup­ service description would read as follows Board. ture during the excursion from an unfore­ (with requested changes italicized): J ames L. P imper, seeable cause, the applicant has assumed Between United States Atlantic ports and Secretary. that 1 percent of the fission products escapes (via the Suez Canal) ports in the Gulf of during the maximum credible accident. Suez, Red Sea, Gulf of Aden, Persian Gulf, [F. R. Doc. 58-100; Filed, Jan. 6, 1958; Further calculations of the applicant, with Pakistan, India, Ceylon and Burma; with the 8:46 a. m.] which we agree, indicate that if this 1 per­ privilege of calling at ports in Egypt, Pal­ cent of the fission products were continu­ estine, Israel, Syria, Lebanon and North At­ ously released to the atmosphere at the rate lantic Canadian ports (but not for cargo to or of 2 percent in 24 hours, under unfavorable from the United States) and with the further American P resident Lines, Ltd., and weather conditions, a person located at the privilege, when traffic offers, on and after No­ nearest site boundary (440 feet from the vember 1, 1949, of calling at any other ports American Export Lines, I nc. reactor) directly under the center line of within the limits of Lines D and F, as herein NOTICE OF CANCELLATION OF AGREEMENT the radioactive cloud would receive a dose described, and with the further privilege of of 40 mr integrated over a 24 hour period, calling at United States Gulf ports, but only BY THE BOARD which is within the maximum permissible for the purpose of carrying cargo to or from limits set out in the Commission’s regulation ports in the Persian Gulf. Notice is hereby given that by order (10 CFR Part 20). We do not believe that dated November 12, 1957, the Federal the reinforced co*crete building housing the In all other respects the notice of July Maritime Board approved the cancella­ critical assembly would be damaged as a 6, 1957 remains unchanged. result of the postulated accident, and there­ tion of the following described agree­ The hearing will be before an Exam­ ment pursuant to section 15 of the fore, we believe that the release rate of iner, at a time and place to be announced, fission produsts will not exceed the 2 percent Shipping Act, 1916 (39 Stat. 733, 46 In 24 hours assumed by the applicant. in accordance with the Federal Maritime U. S. C. 814): Technical and Financial Qualifications. Board’s rules of practice and procedure At the time consideration was given to the and a recommended decision will be Agreement No. 2277, between Ameri­ issuance of a construction permit covering issued. can President Lines, Ltd. and American this facility the AEC reviewed The Babcock All persons (including individuals, Export Lines, Inc., covering the trans­ & Wilcox Company’s technical and financial corporations, associations, firms, part­ portation of cargo under through bills of qualifications and determined that the ap­ nerships, and public bodies) desiring to lading from Honolulu, T. H., to Naples plicant was qualified to construct and oper­ ate the facility in accordance with the regu­ intervene in the proceeding are requested and Malta, with transhipment at New lations contained in Title 10, Chapter 1, CFR. to notify the Secretary of the Federal York, N. Y. This agreement was can­ There is no additional information to sug­ Maritime Board within fifteen (15) days celled inasmuch as no cargo was being gest any change in that determination. from publication hereof, and should carried under said agreement and the Financial Protection. The Babcock & promptly file petitions for leave to inter­ Wilcox Company has filed with the AEC, as vene in accordance with said rules of parties thereto have no intention of car­ proof of financial protection, pursuant to practice and procedure. rying cargo under said agreement. 10 CFR 140, showing that it has adequate resources in the form specified to provide Dated: December 31, 1957. Dated: December 31, 1957. the financial protection required. By order of the Federal Maritime By order of the Federal Maritime Conclusion. Based on the above consider­ Board. ations, it is concluded that: Board. a. There is reasonable assurance that the J ames L. P imfer, J ames L. P imper, health and safety of the public will not be Secretary. Secretary. endangered by operation of the facility at [F. R. Doc. 58-99; Filed, Jan. 6, 1958; F. R. Doc. 58-101; Filed, Jan. 6, the proposed site near Lynchburg, Virginia. 8:45 a. m.] 8:46 a. m.] Tuesday, January 7 , 1958 FEDERAL REGISTER 121

CIVIL AERONAUTICS BOARD January 14, 1958, at 10:00 a. m., e. s. t., Francisco; and that portion of Santa in Room E-210, Temporary Building No. Clara County within a 35 mile radius of [Docket No. 9177] 5, 16th Street and Constitution Avenue the city of San Francisco. Capital Airlines, I nc.; F lint-G rand NW., Washington, D. C., before Exam­ U nited S tates Civil S erv­ Rapids Adequacy of S ervice I nvesti­ iner Edward T. Stodola. ice Commission, gation Dated at Washington, D. C., December [seal] W m . C. H ull, NOTICE OF PREHEARING CONFERENCE 31, 1957. Executive Assistant. In the matter of an investigation in­ [seal] F rancis W. B rown, [F. R. Doc. 58-117; Filed, Jan. 6, 1958; stituted to determine (a) whether Capi­ Chief Examiner. 8:50 a. m.] tal Airlines, Inc., is providing the cities [F. R. Doc. 58-124; Filed, Jan. 6, 1958; of Flint and Grand Rapids, Michigan 8:51 a. m.] with adequate service as required by the FEDERAL CIVIL DEFENSE terms of its certificate of public con­ ADMINISTRATION venience and necessity; and (b) if not, whether the Board should issue an ap­ [Docket No. 8680] Executive Assistant Administrator et al. propriate order to compel such air car­ W orld W ide Airlines, I nc., rier to comply with the provisions of Enforcement Case delegation of authority w ith respect section 404 (a) of the act. to determinations concerning federal NOTICE OF POSTPONEMENT OF ORAL Notice is hereby given that a pre- SURPLUS PROPERTY hearing conference in the above-entitled ARGUMENT investigation is assigned to be held on Notice is hereby given, pursuant to the Caption-2 of the “Delegation of Au­ January 16, 1958, at 10:00 a. m., e. s. t., provisions of the Civil Aeronautics Act thority With Respect To Determinations in Room 1510, Temporary Building No. 4, of 1938, as amended, that oral argument Concerning Federal Surplus Property," 17th Street and Constitution Avenue in the above-entitled proceeding now as­ published in the F ederal R egister March NW., Washington, D. C., before Exam­ 6,1957 (22 F. R. 1424), which reads “As­ signed to be held on January 8, 1958, is sistant Administrator, Operations Con­ iner Richard A. Walsh. • indefinitely postponed. trol Services,” is amended to read: Dated at Washington, D. C., December Dated at Washington, D. C., January 2. Assistant Administrator, Resources 31,1957. 2,1958. and Requirements: [seal] F rancis W. B rown, [seal] F rancis W. B rown, This amendment shall be effective No­ Chief Examiner. Chief Examiner. vember 1, 1957. [F. R. Doc. 58-122; Filed, Jan. 6, 1958; [F. R. Doc. 58-125; Filed, Jan. 6, 1958; [seal] Leo A. H oegh, 8:51a.m.] 8:52 a. m.] Administrator, Federal Civil Defense Administration. CIVIL SERVICE COMMISSION [F. R. Doc. 58-103; Filed, Jan. 6, 1958; [Docket No. 9185] 8:47 a. m.] Certain Office M achine Operator P osi­ Kanab-Page-G len Canyon Area tions in the S an F rancisco, Calif., I nvestigation A rea FEDERAL POWER COMMISSION notice of prehearing conference NOTICE OF INCREASE IN MINIMUM RATES [Docket No. E-6794] In the matter of the investigation of OF PAY the need for air service in the Kanab- Under the provisions of section 803 of G ulf S tates U tilities Co. Page-Glen Canyon Area. the Classification Act of 1949, as amend­ NOTICE OF APPLICATION Notice is hereby given that a prehear­ ed (68 Stat. 1106; 5 U. S. C. 1133), pur­ ing conference in the above-entitled in­ suant to 5 CFR 25.103, 25.105, the D ecember 30, 1957. vestigation is assigned to be held on Commission has increased the minimum Take notice that on December 23,1957, January 15, 1958 at 10:00 a. m., e. s. t., rates of pay as follows: an application was filed with the Federal in Room E-210, Temporary Building No. CARD PUNCH MACHINE OPERATION SERIES, GS-356 Power Commission pursuant to section 5, 16th Street and Constitution Avenue 204 of the Federal Power Act by Gulf NW., Washington, D. C., before Exam­ GS-3 to be increased to $3,345 (3d step). States Utilities Company (Applicant), a iner William J. Madden. GS-4 to be increased to $3,840 (6th step). corporation organized under the laws of GS—5 to be increased to $3,940 (3d step). the State of Texas and doing business in Dated at Washington, D. C., December TABULATION MACHINE OPERATION SERIES, GS-3 5 8 the States of Louisiana and Texas with 31, 1957. GS-3 to be increased to $3,685 (7th step). its principal business office at Beaumont, [seal] F rancis W. B rown, GS-4 to be increased to $3,925 (7th step). Texas, seeking an order authorizing the Chief Examiner. GS-5 to be increased to $4,480 (7th step). issuance of 75,000 shares of $----- Divi­ GS-6 to be increased to $4,890 (7th step). [F. R. Doc. 58-123; Filed, Jan. 6, 1958; dend Preferred Stock, par value $100 per 8:51 a. m.] TABULATION EQUIPMENT OPERATION SERIES, share, to be issued February 1958. Appli­ GS—35 9 cant proposes to issue and sell said shares GS-3 to be increased to $3,685 (7th step). of Preferred Stock at competitive bid­ GS-4 to be increased to $3,925 (7th step). ding. The proceeds from the issuance of [Docket No. 9175] GS-5 to be increased to $4,480 (7th step). the said Preferred Stock will initially re­ GS-6 to be increased to $4,890 (7th step). imburse the treasury of Applicant in part F lying Tiger Line, I nc. GS-7 to be increased to $5,335 (7th step). for construction expenditures heretofore GS-8 to be increased to $5,780 (7th step)* NOTICE OF PREHEARING CONFERENCE made and will enable Applicant to pay GS-9 to be increased to $6,250 (7th step). off $7,500,000 principal amount of its In the matter of the application of T GS-10 to be increased to $6,320 (4th step). short-term notes to be outstanding as of f7ymg Tiger Line, Inc., proposing serv: These increases will be effective on the the date of issuance of said Preferred at Philadelphia by truck through Ne first day of the second pay period which Stock. ark; service at Buffalo and Rochesi begins after January 6, 1958 and will be Any person desiring to be heard or to y truck through Cleveland and/ applicable to all such positions in the make any protest with reference to said mghamton; and service at Milwaul San Francisco Bay area which is defined application should on or before January jy truck exclusively, through Chica as follows: All of San Francisco and 20, 1958, file with the Federal Power Midway Airport. Alameda Counties; those portions of Commission, Washington 25, D. C., peti­ ir,ÎÎOtlce*s hereby given that a prehear- Marin, Sonoma, Napa, Solano, Contra tions or protests in accordance with the ai,vC°^ erence in the above-entitled Costa, and San Mateo Counties within a requirements of the Commission’s rules application is assigned to be held on thirty mile radius of the city of San of practice and procedure (18 CFR 1.8 122 NOTICES or l.ltf). The application is on file and (Applicant), filed an application, pur­ Protests or petitions to intervene may available for public inspection. suant to section 7 of the Natural Gas be filed with the Federal Power Commis­ [seal] J oseph H. Gutride, Act, for authority to abandon in part the sion, Washington, D. C., in accordance Secretary. natural gas service it is presently ren­ with the rules of practice and procedure dering to Cities Service Gas Company (18 CFR 1.8 or 1.10) on or before Janu­ [P. R. Doc. 58-104; Piled, Jan. 6, 1958; (Cities Service) from the Chickasha and ary 24, 1958. Failure of any party to 8:47 a. m.] Cement gas fields, Grady County, Okla­ appear at and participate in the hearing homa, subject to the jurisdiction of the shall be construed as waiver of and Commission, all as more fully repre­ concurrence in omission herein of the [Docket No. G-4610] sented in the application which is on intermediate decision procedure in cases file with the Commission and open to where a request therefor is made. T exas Eastern T ransmission Corp. and public inspection. T ranscontinental Gas P ipe Line Corp. [seal] J oseph H. Gutride, It appears that, pursuant to a contract Secretary. NOTICE OF APPLICATION dated September 6, 1949, Applicant sells and delivers to Cities Service up to [P. R. Doc. 58-106; Piled, Jan. 6, 1958; D ecember 30, 1957. 90,000 Mcf per day of natural gas from 8:47 a. m.] Take notice that on December 4, 1957, the Cement and Chickasha gas fields, Texas Eastern Transmission Corporation and a minimum quantity of five million (Texas Eastern) and Transcontinental Mcf during each of two half-yearly peri­ Gas Pipe Line Corporation (Transco), ods in each year. Cities Service returns [Docket No. G—13252 etc.] filed in Docket No. G-4610 a joint peti­ a portion of the volumes to Applicant El P aso N atural Gas Co. et al. tion to amend the Commission’s order of at a point near Blackwell, Oklahoma. July 5,1955, issuing a certificate of public Cities Service purchases the remainder NOTICE OF APPLICATIONS AND DATE OF convenience and necessity in said docket. of the aforesaid volumes from Applicant. HEARING The purpose of the amendment sought Consolidated is required to deliver the D ecember 30, 1957. herein is to add a new point of intercon­ gas at pressures sufficient to enter Cities In the matters of El Paso Natural nection between the systems of the two Service’s pipeline but not exceeding 750 Gas Company, Docket No. G-13252; Applicants to the four existing points of pounds psig, and is not obligated to con­ Phillips Petroleum Company, Docket No. interconnection previously authorized in struct more than 1200 horsepower of G-13655; Cabot Carbon Company, Dock­ Docket No. G-4610, pursuant to a new compression facilities to maintain these et No. G-13383. agreement between said Applicants dated delivery pressures. On November 25, Take notice that on September 10, September 23, 1957, which agreement 1949 Applicant was authorized in Docket 1957, El Paso Natural Gas Company (El adds the proposed new delivery point, but No. G-1278 to construct and operate a retains unchanged the provision for the Paso) filed in Docket No. G-13252 an 1200 horsepower compressor station to application pursuant to section 7 (c) four delivery points established in the effect the delivery to Cities Service. agreement of April 28, 1954, which is of the Natural Gas Act for a certificate Consolidated now states that pressures of public convenience and necessity au­ hereby superseded. The provision for in the Cement and Chickasha fields have thorizing the construction and operation gas-for-gas exchange between Texas declined to the point that it cannot de­ Eastern and Transco to be made within of certain facilities by which an addi­ liver the contract volumes to Cities tional 16,500 Mcf per day of natural 60 days from the date the initial de­ Service without additional compression. gas (14.9 psia) will be made available liveries are made continues in force. Since it is not obligated to install more to its system by Phillips Petroleum Com­ The instant petition seeks authority to than the 1200 horsepower of compression pany (Phillips) at its McElroy-Crane construct and operate a tap on Texas facilities authorized in Docket No. G- Plant, Crane County, Texas, and a new Eastern’s 30-inch South Louisiana line 1278, it desires to reduce the contract supply of 4,000 Mcf per day of natural ne'kr its St. Francisville Compressor Sta­ volumes to 45,000 Mcf per day and 2.5 gas (14.65 psia) will be made available tion in West Feliciana Parish, Louisiana, million Mcf during each half-yearly by Cabot Carbon Company (Cabot) at and approximately 1.88 miles of 14-inch period. Applicant and Cities Service its King Plant, Lea County, New Mexico, pipeline from that point to Transco’s have amended their contract of Septem­ all as more fully set forth in the appli­ Compressor Station No. 6 in East Felic­ ber 6, 1949 to reflect these reduced cation which is on file with the Commis­ iana Parish, Louisiana. Transco pro­ deliveries. sion and open to public inspection. poses to construct the necessary metering No abandonment of facilities is in­ facilities. The proposed facilities and their esti­ volved, nor will there be any change in mated costs are: Further details are set forth in the rate or terms of service for redelivery joint petition to amend which is on file of gas by Cities Service to Applicant at M ’ELROY-CRANE PLANT (PHILLIPS) with the Commission and open to public Blackwell, Oklahoma. (1) Additional 4,050 horsepower inspection. This matter is one that should be at compressor station______$1, 041,000 This matter should be disposed of as disposed of as promptly as possible un­ (2) Purification and Dehydration promptly as possible under the applicable der the applicable rules and regulations Plant. ______1,153,000 rules and regulations of the Commission, (3) General Overhead and Con­ and to that end: tingencies______220,000 and to that end: Take further notice that, pursuant to Protests or petitions to intervene may the authority contained in and subject Total______2, 414,000 be filed with the Federal Power Com­ to the jurisdiction conferred upon the mission, Washington 25, D. C., in accord­ Federal Power Commission by sections KING PLANT (CABOT) ance with the rules of practice and pro­ 7 and 15 of the Natural Gas Act, and (1) 4,350 feet of 4i/2-hich o. D. cedure (18 CFR 1.8 or 1.10) on or before the Commission’s rules of practice and pipeline extending from the plant January 24, 1958. to El Paso’s 30-inch transmission procedure, a hearing will be held on Jan­ lin e ______$7,800 | [seal] J oseph H. Gutride, uary 30, 1958 at 9:30 a. m., e. s. t., in a (2) Meter Station______4,000 Secretary. hearing room of the Federal Power Com­ (3) General Overhead and Contin­ [P. R. Doc. 58-105; Piled, Jan. 6, 1958; mission, 441 G Street NW., Washington, gencies ______1,200 8:47 a. m.] D. C., concerning the matters involved in and the issues presented by such ap­ Total...... 13,000 plication: Provided, however, That the Commission may, after a non-contested On November 5, 1957, Phillips fited [Docket No. G-13230] an application for amendment of the hearing, dispose of the proceedings pur­ certificate issued to it in Docket No. Consolidated Gas U tilities Corp. suant to the provisions of § 1.30 (c) (1) G-2611 so as to increase the maximum or (2) of the Commission’s rules of prac­ delivery of gas to El Paso from the NOTICE OF APPLICATION AND DATE tice and procedure. Under the proce­ OF HEARING McElroy-Crane Plant by 16,500 Mcf dure herein provided for, unless other­ day. The present filing was assigned D ecember 30, 1957. wise advised it will be unnecessary for Docket No. G-13655 and treated as a new Take notice that on September 6,1957, Applicant to appear or be represented application. This application therefore, Consolidated Gas Utilities Corporation at the hearing. is in the nature of an application for Tuesday, January 7, 1958 FEDERAL REGISTER 123 amendment of the certificate heretofore Schedule No. 53. (2) Supplement No. 1 to because of the effects of certain disasters, issued in Docket No. G—2611. Respondent’s FPC Gas Rate Schedule No. 52. damage resulted to residences and busi­ Effective date: January 3, 1958 (effective ness property located in certain areas On October 18, 1957, Cabot filed in date is the first day after expiration of the Docket No. G-13383 an application for required thirty days’ notice). in the State of Illinois; a certificate of public convenience and Whereas, the Small Business Admin­ necessity authorizing the sale to El Paso In support of the proposed periodic istration has investigated and has re­ of 4,000 Mcf of natural gas per day at rate increases, Respondent states that ceived other reports of investigations of its King Plant. the provisions of the contract were ar­ conditions in the areas affected; El Paso states that the additional vol­ rived at through arm’s-length bargain­ Whereas, after reading and evaluating ume to be obtained from Phillips and the ing. Respondent also states that costs reports of such conditions, I find that the new supply to be obtained from Cabot are increasing and contends that the conditions in such areas constitute a are presently being flared. The cost of proposed increase gives effect to the catastrophe within the purview of the the proposed facilities will be financed necessity for recognizing the integrity of Small Business Act of 1953, as amended; by El Paso from current working funds. the contract. Now, therefore, as Administrator of These related matters should be heard The increased rates and charges so the Small Business Administration, I on a consolidated record and disposed of proposed have not been shown to be hereby determine that: as promptly as possible under the appli­ justified, and may be unjust, unreason­ 1. Applications for disaster loans un­ cable rules and regulations and to that able, unduly discriminatory, or preferen­ der the provisions of section 207 (b) (1) end: tial, or otherwise unlawful. of the Small Business Act of 1953, as Take further notice that, pursuant to The Commission finds: It is necessary amended, may be received and con­ the authority contained in and subject . and proper in the public interest and to sidered by the Offices below indicated to the jurisdiction conferred upon the aid in the enforcement of the provisions from persons or firms whose property Federal Power Commission by sections of the Natural Gas Act that the Com­ situated in the following Counties (in­ 7 and 15 of the Natural Gas Act, and mission enter upon a hearing concerning cluding any areas adjacent to said Coun­ the Commission’s rules of practice and the lawfulness of the said proposed ties) suffered damage or other destruc­ procedure, a hearing will be held on changes, and that the said supplements tion as a result of the catastrophe to Respondent’s rate schedules, de­ hereinafter referred to: February 4, 1958, at 9:30 a. m., e. s. t., scribed and designated in the first para­ in a Hearing Room of the Federal Power Counties: Jackson, Jefferson, Madison, Commission, 441 G Street NW., Wash­ graph hereof, be suspended and the use Randolph and Perry (tornadoes occurring ington, D. C., concerning the matters thereof deferred as hereinafter ordered. on or about December 18). involved in and the issues presented by The Commission orders: Offices: Small Business Administration such applications: Provided, however, (A) Pursuant to the authority of the Regional Office, Dierks Building, 1006 Grand That the Commission may, after a non- Natural Gas Act, particularly sections Avenue, Kansas City 2, Mo. Small Business contested hearing, dispose of the pro­ 4 and 15 thereof, the Commission’s rules Administration Branch Office, New Federal of practice and procedure, and the regu­ Building, Room 630, 1114 Market Street, St. ceeding pursuant to the provisions of lations under the Natural Gas Act (18 § 1.30 (c) (1) or (2) of the Commission’s CFR Ch. I), a public hearing be held Louis 1, Mo. rules of practice and procedure. Under upon a date to be fixed by notice from the procedure herein provided for, un­ 2. No special field offices will be estab­ less otherwise advised, it will be unneces­ the Secretary concerning the lawfulness lished at this time. of the proposed increased rates and 3. Applications for disaster loans un­ sary for Applicants to appear or be rep­ charges contained in said supplements resented at the hearing. der the authority of this Declaration will to Respondent’s rate schedules. not be accepted subsequent to June 30, Protests or petitions to intervene may (B) Pending such hearing and deci­ be filed with the Federal Power Com­ sion thereon, said supplements be and 1958. mission, Washington 25, D. C., in accord­ they hereby are suspended and the Dated: December 19,1957. ance with the rules of practice and use thereof deferred for a period of five procedure (18 CFR 1.8 or 1.10) on or months from and after the “effective W endell B. B arnes, before January 21, 1958. Failure of any date” set forth in the first paragraph Administrator. party to appear at and participate in the hereof, and until such further time as [F. R. Doc. 58-112; Filed, Jan. 6, 1958; hearing shall be construed as waiver of they are made effective in the manner 8:49 a.m.] < and concurrence in omission herein of prescribed by the Natural Gas Act. the intermediate decision procedure in (C) Neither the supplements hereby cases where a request therefor is made. suspended, nor the rate schedules sought [seal] J oseph H. Gutride, to be altered thereby, shall be changed [Declaration of Disaster Area 175] Secretary. until this proceeding has been disposed M issouri • [F. R. Doc. 58-107; Filed, Jan. 6, 1958; of or until the period of suspension has 8:48 a. m.] expired, unless otherwise ordered by OF DISASTER AREA Commission. (D) Interested State commissions Whereas, it has been reported that may participate as provided by §§1.8 during the month of December, 1957, I Docket No. G-14057] and 1.37 (f) of the Commission’s rules because of the effects of certain disasters, of practice and procedure (18 CFR 1.8 damage resulted to residences and busi­ Skelly On, Co. and 1.37 (f)>. ness property located in certain areas in ORDER FOR HEARING AND SUSPENDING By the Commission (Commissioners the State of Missouri; PROPOSED CHANGES IN RATES Digby and Kline dissenting). Whereas the Small Business Adminis­ D ecember .30, 1957. [seal] J oseph H. Gutride, tration has investigated and has re­ Secretary. ceived other reports of investigations of [F. R. Doc. 58-108; Filed, Jan. 6, 1958; conditions in the areas affected; proposed changes in certain of its rate 8:48 a. m.] Whereas, after reading and evaluating schedules presently in effect for sales of reports of such conditions, I find that natural gas subject to the jurisdiction of the conditions in such areas constitute the Commission. The proposed changes, SMALL BUSINESS ADMINISTRA­ a catastrophe within the purview of the which constitute increased rates and Small Business Act of 1953, as amended; charges, are contained in the following TION designated filings: [Declaration of Disaster Area 174] Now, therefore, as Administrator of the Small Business Administration, I Description; Notices of changes, dated No­ I llinois vember 29, 1957. hereby determine that: Purchaser: Lone Star Gas Company. DECLARATION OF DISASTER AREA 1. Applications for disaster loans Rate schedule designation: (1) Supple­ Whereas, it has been reported that under the provisions of section 207 (b) ment No. l to Respondent’s FPC Gas Rate during the month of December 1957, (1) of the Small Business Act of 1953, No. 4-— 4 124 NOTICES as amended, may be received and con­ [Declaration of Disaster Area 176] cluding any areas adjacent to said sidered by the Offices below indicated F lorida Counties) suffered damage or other de­ from persons or firms whose property struction as a result of the catastrophe situated in the following Counties DECLARATION OF DISASTER AREA hereinafter referred to: (including any areas adjacent to said Whereas, it has been reported that Counties: Collier, Broward, Palm Beach, Counties) suffered damage or other during the month of December 1957, be­ Hendry, Lee, Charlotte, Glades, Martin, St, destruction as a result of the catastrophe cause of the effects of certain disasters, Lucie, Highlands, De Soto, Sarasota, Har­ hereinafter referred to : damage resulted to residences and busi­ dee, Manatee, Okeechobee, Indian River, Hillsborough, Pasco, Osceola, Brevard, Counties: Lincoln, Perry, Cape Girardeau, ness property located in certain areas Orange, Hernando, Citrus, Seminole, Volusia, Scott, St. Francois, and St. Louis (Tornadoes in the State of Florida; Marion, Sumter, Flagler, Dixie, Polk, Putnam, occurring on or about December 18). Whereas, the Small Business Adminis­ Pinellas, Baker, Duval, Clay, St. Johns and Offices: Small Business Administration tration has investigated and has received Alachua (Freeze). Regional Office, Dierks Building, 1006 Grand other reports of investigations of con­ Offices: Small Business Administration Avenue, Kansas City 2, Mo. Small Business Regional Office, 90 Fairlie Street NW., Atlanta Administration Branch Office, New Federal ditions in the areas affected ; Whereas, after reading and evaluating 3, Ga. Small Business Administration Building, Room 630, 1114 Market Street, St. Branch Office, Pacific Building, Room 310, Louis 1, Mo. reports of such conditions, I find that 327 Northeast First Avenue, Miami 32, the conditions in such areas constitute a Fla. 2. No special field offices will be estab­ catastrophe within the purview of the lished at this time. Small Business'Act of 1953, as amended; 2. No special field offices will be estab­ 3. Applications for disaster loans Now, therefore, as Administrator of lished at this time. under the authority of this Declaration the Small Business Administration, I 3. Applications for disaster loans will not be accepted subsequent to June hereby determine that: under the authority of this Declaration 30,1958. will not be accepted subsequent to June 1. Applications for disaster loans 30,1958. Dated: December 19,1957. under the provisions of section 207 (b) (1) of the Small Business Act of 1953, Dated: December 20,1957. W endell B. B arnes, as amended, may be received and con­ W endell B. Barnes, Administrator. sidered by the Offices below indicated Administrator. [F. R. Doc. 58-113; Filed, Jan. 6, 1958; from persons or firms whose property [F. R. Doc. 58-114; Filed, Jan. 6, 1958; 8:49 a. m.] situated in the following Counties (in­ 8:50 a. m.j