Wàshington, Saturday, December I4r 1957

EDERA! REGIS!

VOLUME 22 '9 3 4 NUMBER 242 * Ü N n l O ^ Wàshington, Saturday, December I4r 1957

TITLE 3— THE PRESIDENT DONE at the City of Washington this CONTENTS tenth day of December in the year of our PROCLAMATION 3214 Lord nineteen hundred and THE PRESIDENT [ s e a l] fifty-seven, and of the Inde­ Determining l -(2 M orpholeno e t h y l ) -4 - pendence of the United States of Executive Orders Pa®e Carbethoxy-4 -P henylpiperidine, and America the one hundred and eighty- Amendment of section 203 of Ex­ d -2, 2 - D ip h e n y l - 3 - M e t h y l - 4 - M or- second. ecutive Order No. 10577 of No­ pholino-B u t y r y l -P yrrolidine, T o B e D w ig h t D . E is e n h o w e r vember 22, 1954, as amended, Opiates By the President: providing for the conversion of by the pr e sid e n t o r t h e u n it e d states certain career-conditional ap­ J o h n F oster D u l l e s , OF AMERICA pointments to career appoint* Secretary of State. ments-i______10025 A PROCLAMATION [F. R. Doc. 57-10403; Filed, Dec. 13, 1957; Further providing for the admin­ WHEREAS section 4731 (g) of the In­ 10:25 a. m.J istration of the Agricultural ternal Revenue Code of 1954 provides in Trade Development Act of 1954, part as follows: as amended______10027 OPIATE.— The word “opiate”, as used in Proclamation this part shall mean any drug (as defined EXECUTIVE ORDER 10745 Determining l-(2 Morpholino­ ta the Federal Food, Drug, and Cosmetic A m e n d m e n t of S e c t io n 203 o f E xecutive ethyl) -4 - carbethoxy-4 -phenyl- Act; 52 Stat. 1041, section 201 ( g ) ; 21 U. S. C. piperidine, and d-2,2-Diphenyl- 321) found by the Secretary or his delegate, O rder N o . I05771 o f N ovem ber 22, after due notice and opportunity for public 1954, as A m e n d e d , P r o vid ing for th e 3-methyl-4-morpholinobutyryl- hearing, to have an addiction-forming or ad- C o n v e r s io n o f C e r tain C areer-C o n ­ pyrrolidine, to be opiates______10025 diction-sustaining liability similar to mor­ d it io n a l A ppointments t o Career A p ­ EXECUTIVE AGENCIES phine or cocaine, and proclaimed by the p o in t m e n t s President to have been so found by the By virtue of the authority vested in me Agricultural Marketing Service Secretary or his delegate, * *■■•*; by section 1753 of the Revised Statutes Notices: AND WHEREAS the Secretary of the of the United States (5 U. S. C. 631) and Pocahontas Sales Co.; proposed posting of stockyards______10066 Treasury; after due notice and oppor­ by the Civil Service Act of January 16, 1883 (22 Stat. 403), and as President of Rules and regulations: tunity for public hearing, has found that Grapefruit grown in Arizona; in each of the following-named drugs has the United States, it is hereby ordered as follows: Imperial County, Calif.,' and an addiction-forming or addiction-sus­ in that part of Riverside taining liability similar to morphine, and S e c t io n 1. Section 203 of Executive County, Calif., situated south that in the public interest this finding Order No. 10577 of November 22,1954, as and east of San Gorgonio should be effective immediately: < amended by Executive Order No. 10675 Pass; limitation of ship­ l -(2 Morpholinoethyl) -4-carbethoxy- of August 21, 1956, is hereby further ments______10028 4-phenylpiperidine. amended to read as follows: Lemons grown in California and Arizona; limitation of han­ d-2, 2-Diphenyl-3 -methyl-4 -morpho- “Sec. 203. The career-conditional ap­ dling------10028 lino-butyryl-pyrrolidine. pointment of any employee entitled to Oranges, navel, grown in Ariz- veteran preference who has a compen­ NOW, THEREFORE, I, D W IG H T D. zona, and designated part of EISENHOWER, President of the United sable service-connected disability of ten California; limitation of han­ States of America, do hereby proclaim per centum or more may be converted dling.------10027 that the Secretary of the Treasury has to a career appointment : Provided, that Agriculture Department he receives his career-conditional ap­ found that each of the aforementioned See Agricultural Marketing Serv­ drugs has an addiction-forming or ad­ pointment prior to January 1, 1958, and ice. that, not later than December 31, 1958, diction-sustaining liability similar to Civil Service Commission Morphine and that in the public interest the agency in which he is employed Notices: this finding should be effective im­ recommends such conversion and certi­ Certain positions in Forest fies to the : Commission that he has mediately. Products Technologist, Series IN WITNESS WHEREOF, I have here- GS-1390-0 in continental i 3 CFR, 1954 Supp„ p. 84; 19 F. R. 7521. Unt° set my hand and caused the Seal U. S.; increase in minimum °f the United States to be affixed. (Continued on p. 10027) . rates of pay______10066 10025 10026 THE PRESIDENT

V—i CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Page National Labor Relations Board Pas® FEDERALMREGISTER mission Rules and regulations: Miscellaneous amendments re­ Notices: lating to procedure; correc­ Hearings, etc.: tion______10058 Published daily, except Sundays, Mondays, Baw Beese Broadcasters, Inc. and days following official Federal holidays, (WBSE)______10067 National Park Service by the Federal Register Division, National Louisiana Purchase Co., and Rules and regulations: Archives and Records Service, General Serv­ Signal Hill Telecasting Admission, guide, elevator, and ices Administration, pursuant to the au­ Corp______10067 automobile fees; miscellane- thority contained in the Federal Register Act, Sacramento Telecasters, Inc. ous amendments______10030 approved July 26, 1935 (49 Stat. 500, as amended; 44 U. S. C„ ch. 8B), under regula­ (KBET-TV)______10067 Post Office Department tions prescribed by the Administrative Com­ Wabash Valley Broadcasting Proposed rule making : mittee of the Federal Register, approved by Corp. et al___■______*______10067 New system for setting box the President. Distribution is made only by Proposed rule making: rental fees; establishment___ 10064 the Superintendent of Documents, Govern­ Power limitation of Class IV ment Printing Office, Washington 25, D. C. AM broadcast stations; ex­ Securities and Exchange Com­ The F ederal R egister will be furnished by tension of time for filing reply mission mail to subscribers, free of postage, for $1.50 comments______10065 Notices: per month or $15.00 per year, payable in Hearings, etc. : advance. The charge for individual copies Rules and regulations: (minimum 15 cents) varies In proportion to Public safety radio services—___ 10031 Bellanca Corp______10070 the size of the issue. Remit check or money Radio broadcast services; sub­ Frontier Co. et al______10070 order, made payable to the Superintendent sidiary communications au­ United States Borax & Chem­ of Documents, directly to the Government thorizations of FM broadcast ical Corp______10070 Printing Office, Washington 25, D. C. stations— ______10030 The regulatory material appearing herein Small Business Administration Is keyed to the Code of F ederal R egulations, Federal Maritime Board Notices: which is published, under 50 titles, pursuant Kentucky ; amendment to decla­ to section 11 of the Federal Register Act, as Notices : ration of disaster area______10068 amended August 5, 1953. The Code of F ed­ Agreements filed for approval:' Tennessee; declaration of dis­ eral R egulations is sold by the Superin­ City of Oakland, Calif., and aster area—______10068 tendent of Documents. Prices of books and Encinal Terminals (2 docu­ pocket supplements vary. ments)______10066 State Department There are no restrictions on the re- City of Oakland, Calif., and Rules and regulations: publication of material appearing in the Howard Terminal______10066 Foreign and territorial compen­ F ederal R egister, or the Code of F ederal sation; additional compensa­ R egulations. Orient Steam Navigation Co., Ltd., and Peninsular & tion in foreign areas; miscel­ Oriental Steam Navigation laneous amendments______10029 Now Available Co., Ltd______10067 Treasury Department Federal Power Commission See Coast Guard; Internal Reve­ nue Service. UNITED STATES Notices : Hearings, etc.: Wage and Hour Division GOVERNMENT Otter Tail Power Co_.______10068 Notices: ORGANIZATION Permian Basin Pipeline Co. Learner employment certifi­ and Phillips Petroleum Co_ 10067 cates; issuance to various MANUAL industries______10068 Federal Trade Commission Proposed rule making: 1957-58 Edition Rules and regulations: Appointments to investigate (Revised through June 1) Cease and desist orders: . conditions and recommend Collins Hair and Scalp Ex- minimum wages; hearing Published by the Federal Register Division, perts, Inc., et al______10052 with respect to certain indus­ the National Archives and Records Service, Loesch Hair Experts et al____ 10051 tries in Puerto Rico______10063 General Services Administration Rules and regulations: Food and Drug Administration 778 pages— $1.50 a copy Handicraft products industry in Rules and regulations: Puerto Rico lumber and wood Order from Superintendent of Documents, Adjudication and licensing pro­ products industry in Puerto United States Government Printing Office, cedure; cross reference_____ 10030 Rico______— 10058 Washington 25, D. C. Health, Education, and Welfare CODIFICATION GUIDE Department See Food and Drug Administra­ A numerical list of the parts of the Code CONTENTS— Continued of Federal Regulations affected by documents tion. published in this issue. Proposed rules, as Civil Service Commission— Con. ^age Interior Department opposed to final actions, are identified as such. Rules and regulations: See National Park Service. Federal employees’ pay regula­ Internal Revenue Service Title 3 " page tions; general provisions____ 10029 Chapter I (Proclamations): Separations, suspensions, and Rules and regulations: 3214______10025 demotions______10029 Income tax; taxable years be­ Chapter II (Executive orders): Coast Guard ginning after Dec. 31, 1953; 10560 (amended by EO 10746)— 10027 additional itemized deduc- Rules and regulations: 10577 (amended by EO 10745)— 10025 tions for individuals______10052 Transportation or stowage of 10745 ______10025 explosives or other dangerous Interstate Commerce Commis­ 10746 ______10027 articles or substances and sion Title 5 combustible liquids on board Rules and regulations: Chapter I : vessels; miscellaneous amend­ 10029 Description of official seal__. . . . 10063 Part 9____ ments______10059 Part 25___ 10029 Commerce Department Labor Department Chapter III: 10029 See Federal Maritime Board. See Wage and Hour Division, Part 325__ Saturday, December 14, 1957. FEDERAL REGISTER 10027

CODIFICATION GUIDE— Con. Executive Order No. 10560 of September the Act except to the extent that the said 9, 1954, as amended, is hereby further section. 104 (e) pertains to the loans re­ Title 7 Page amended as follows: ferred to in section 4 (d) (5) of this order”. Chapter IX : S ection 1. Section 4 (a ) is amended by Part 914___ 10027 deleting therefrom “paragraphs (a) to (c) Paragraphs (5), ( 6), (7), and (8) Part 953______T______10028 ( f ) , inclusive, and (h) to (j), inclusive, of are renumbered as paragraphs (6), ( 7), Part 955______10028 section 104 of the Act” and by inserting ( 8), and (9), respectively, and the fol­ Title 16 in lieu thereof the following: “para­ lowing new paragraph (5) is inserted im­ Chapter I : . graphs (a) to (j), inclusive, of section mediately after paragraph (4 ): Part 13 (2 documents)___ 10051,10052 104 of the Act, except paragraph (g) “ (5) Those under section 104 (e) of Title 21 and except also paragraph (e) to the ex­ the Act hv the Export-Import Bank of Chapter II: tent that the said paragraph (e) pertains Washington to the extent that the said to loans governed by the portion of para­ Part 304____ 10030 section 104 (e) pertains to loans gov­ graph (e) added by the act of August erned by the portion of section 104 (e) Title 26 (1954) 13, 1957 (Public Law 85-128; 71 Stat. added by the said act of August 13, 1957. Chapter I: 345>”. The amounts of foreign currencies which P a r t i.,— :______10052 Sec. 2. Section 4 (d) is amended as accrue under Title I of the Act to be used Title 29 follows : for the said loans by the Export-Import Chapter Ir Bank of Washington shall be the Part 102------10058 (a) The introductory portion is amounts thereof specified, or shall be the Chapter V: amended by deleting therefrom “pur­ amounts thereof corresponding to the Part 675------:______1005« suant to section 4 (a) of this order” and dollar amounts specified, for such loans Part 686 (proposed)______10063 by inserting in lieu thereof the follow­ in sales agreements entered into pur­ Part 702------1Q058 ing: “in consonance with law and the suant to section 3 (a) of this order.” Part 704 (proposed) ______10063 provisions of this order”. D w ig h t D. E isenh o w er Part 715 (proposed)______10063 (b) Paragraph (4) is amended by de­ leting therefrom “sections 104 (d ), (e), Title 36 T he W h ite H ouse, and (g) of the Act” and inserting in lieu December 12, 1957. Chapter!: thereof the following “sections 104 (d) Part 13— ------10030 [P. R. Doc. 57-10404; Piled, Dec. 13, 1957; and (g) of the Act and section 104 (e) of 10:25 a. m.] Title 39 Chapter I: Part 41 (proposed)______10064 Title 46 Chapter!: RULES AMD REGULATIONS Part 146------10059 Title 47 Chapter I: TITLE 7— AGRICULTURE based became available and the time Part 3 „ — ------10Q3O when this section must become effective Chapter IX— Agricultural Marketing in order to effectuate the declared policy Proposed rules______10065 Service (Marketing Agreements and of the act is insufficient, and a reason­ Part 10------10031 Orders), Department of Agriculture able time is permitted, under the cir­ Title 49 cumstances, for preparation for such ef­ [Navel Orange Reg. 126] Chapter!: fective time; and good cause exists for Part 0____ 10063 P art 914— N avel O ranges G r o w n in making the provisions hereof effective A rizona and D esignated P art of as hereinafter set forth. The Committee C alifornia held an open meeting during the current satisfactorily completed a one-year pro­ week, after giving due notice thereof, to bationary period: Provided further, that lim itatio n of handling consider supply and market conditions any such employee who is not certified § 914.426 Navel Orange Regulation for navel oranges and the need for regu­ lor career appointment under this sec­ 126— (a) Findings. ( 1) Pursuant to the lation; interested persons were afforded tion shall have his career-conditional marketing agreement, as amended, and an opportunity to submit information appointment converted to a career ap­ Order No. 14, as amended (7 CFR Part and views at this meeting; the recom­ pointment when he has completed the 914), regulating the handling of navel mendation and supporting information service requirement for such appoint­ oranges grown in Arizona and designated for regulation during the period specified ment prescribed under section 2.2 (a) of part of California, effective under the Civil Service Rule H.” herein were promptly submitted to the applicable provisions of the Agricultural Department after such meeting was held; D w ig h t D. Eisenhow er Marketing Agreement Act of 1937, as the provisions of this section, including amended (7 U. S. C. 601 et seq.; 68 Stat. The W hite H ouse, its effective time, are identical with the 906, 1047), and upon the basis of the December 12, 1957. aforesaid recommendation of the com­ recommendation and information sub­ mittee, and information concerning such [P- R. Doc. 57-10405: Piled, Dec. 13, 1957; mitted by the Navel Orange Administra­ provisions and effective time has been 10:25 a. m.] tive Committee, established under the disseminated among handlers of such said amended marketing agreement and navel oranges; it is necessary, in order order, and upon other available informa­ to effectuate the declared policy of the tion, it is hereby found that the limita­ act, to make this section effective during EXECUTIVE ORDER 10746 tion of handling of such navel oranges as the period herein specified; and compli­ hereinafter provided will tend to effec­ ance with this section will not require Further P roviding for the A dministra­ tuate the declared policy of the act. any special preparation on the part of tion of the A gricultural T rade D e­ (2) It is hereby further found that itpersons subject hereto which cannot be velopment and A ssistance A ct of 1954, is impracticable and contrary to the pub­ as Amended completed on or before the effective date lic interest to give preliminary notice, hereof. Such committee meeting was By virtue of the authority vested in me engage in public rule-making procedure, held on December 12, 1957. “y section 301 of title 3 of the United and postpone the effective date of this (b) Order. (1) The respective quanti­ Code* and as President of the section until 30 days after publication ties of navel oranges grown in Arizona fnw-K Rud in order to provide hereof in the F ederal R egister (60 Stat. and designated part of California which r. i°T the administration of the 237; 5 U. S. C. 1001 et seq.) because the may be handled during the period begin­ agricultural Trade Development and As- time intervening between the date when ning at 12:01 a. m., P. s. t., December 15, ance Act of 1954, as amended, information upon which this section is 1957, and ending at 12:01 a. m., P. s. t„ 10028 RULES AND REGULATIONS

December 22, 1957, are hereby fixed as regulation during the period specified and postpone the effective date of this follows: herein were promptly submitted to the section until 30 days after publication (1) District 1: 323,400 cartons; Department after such meeting was held; thereof in the F ederal R egister (60 Stat. (ii) District 2: Unlimited movement; the provisions of this section, includ­ 237; 5 U. S. C. 1001 et seq.) because the (iii) District 3: 69,300 cartons; ing its effective time, are identical with time intervening between the date when (iv) District 4: Unlimited movement. the aforesaid recommendation of the information upon which this section is (2) All navel oranges handled during committee, and information concerning based became available and the time the period specified in this section are such provisions and effective time has when this section must become effective subject also to all applicable size restric­ been disseminated among handlers of in order to effectuate the declared policy tions which are in effect pursuant to this such lemons ; it is necessary, in order to of the act is insufficient; a reasonable part during such period. effectuate the declared policy of the act, time is permitted, under the circum­ (3) As used in this section, “handled,” to make this section effective during stances, for preparation for such effec­ “District 1,” “District 2,” “District 3,” the period herein specified; and com­ tive time; and good cause exists for “District 4,” and “carton” have the same pliance with this section will not re­ making the provisions hereof effective meaning as when used in said amended quire any special preparation on the part not later, than December 15,1957. Ship­ marketing agreement and order. of persons subject hereto which cannot ments of grapefruit, grown as aforesaid, be completed on or before the effective (Sec. 5, 49 Stat. 853, as amended; 7 U. S. C. have been subject to regulation by grades 608c) date hereof. Such committee meeting and sizes, pursuant to the amended was held on December 11, 1957. marketing agreement and order, since Dated: December 13, 1957. (b) .Order. (1) The respective quan­October 13, 1957, and will So continue [ s e a l ] S. R. S m it h , tities of lemons grown in California and until December 15, 1957; the recommen­ Director, Fruit and Vegetable Arizona which maV be handled during dation and supporting information for Division, * Agricultural Mar­ the period beginning at 12:01 a. m., contihued regulation subsequent to De­ keting Service. P. s. t., December 15,1957, and ending at cember 14, 1957, were promptly sub­ [F. R. Doc. 57-10406; Filed, Dec. 13, 1957; 12:01 a. m., P. s. t., December 22, 1957, mitted to the Department after an open 11:13, a. m.] are hereby fixed as follows: meeting of the Administrative Commit­ (1) District 1: 23,250 cartons; tee on December 5, 1957; such meeting (ii) District 2: 125,550 cartons; was held to consider recommendations (iii) District 3: 37,200 cartons. for regulation, after giving due notice [Lemon Reg. 717] (2) As used in this section, “handled,” of such meeting, and interested persons “District^ 1,” “District 2,” “District 3,” were afforded an opportunity to submit P art 953— L e m o n s G r o w n i n C a lif o r n ia and “carton” have the same meaning their views at this meeting; the provi­ and A r izo n a as when used in the said amended mar­ sions of this section, including the ef­ LIMITATION OF HANDLING^ keting agreement and order. fective time thereof; are identical with § 953.824 Lemon Regulation 717— (a) (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. the aforesaid recommendation of the Findings. (1) Pursuant to the market­ 608c) committee and information concerning such provisions and effective time has ing agreement, as amended, and Order Dated: December 12, 1957. been disseminated among handlers of No. 53, as amended (7 CFR Part 953), regulating the handling of lemons grown [ s e a l ] S. R . S m it h , such grapefruit; it is necessary, in order in California and Arizona, effective under Director, Fruit and Vegetable to effectuate the declared policy of the the applicable provisions of the Agri­ Division, Agricultural Mar­ act, to make this section effective during keting Service. the period hereinafter set forth so as to cultural Marketing Agreement Act of provide for the continued regulation of 1937, as amended (7 U. S. C. 601 et seq.; [P. R. Doc. 57-10398; Piled, Dec. 13, 1957; the handling of grapefruit, and com­ 68 Stat. 906, 1047), and upon the basis 9:00 a. m.] pliance with this section will not require of the recommendation and information any special preparation on the part of submitted by the Lemon Administrative persons subject thereto which cannot be Committee, established under the said [Grapefruit Reg. 117] completed by the effective time thereof. amended marketing agreement and (b) Order (1) During the period be­ order, and upon other available informa­ P art 955— G r a pe fr u it G r o w n i n A r i­ ginning at 12:01 a. m., P. s. t., December tion, it is hereby found that the limita­ z o n a ; i n I m pé r ia l C o u n t y , C a l if . ; and 15,1957, and ending at 12 :01 a. m., P. s. t., tion of handling of such lemons as here­ i n T h a t P art o f R ive r sid e C o u n t y , January 26, 1958, no handler shall ship: inafter provided will tend to effectuate C a l if ., S itu a t e d S o u t h an d E ast o f (i) Any grapefruit of any Variety the declared policy of the act. S a n G o r g o nio P ass grown in the State of Arizona; in Im­ (2) It is hereby further foiind that perial County, California; or in that part it is impracticable and contrary to the LIMITATION OF SHIPMENTS of Riverside County, California, situated public interest to give preliminary notice, § 955.378 Grapefruit Regulation 117~ south and east of .the San Gorgonio Pass engage in public rule-making procedure, (a) Findings. (1) Pursuant to the mar­ unless such grapefruit are well colored, and postpone the effective date of this keting agreement, as amended, and and otherwise grade at least U. S. No. 2; section until 30 days after publica­ Order No. 55, as amended (7 CFR Part or . tion hereof in the F ederal R egister (60 955), regulating the handling of grape­ (ii) From the,State of California or Stat. 237; 5 U. S. C. 1001 et seq.) because fruit grown in the State of Arizona; in the State of Arizona (a) to any point the time intervening between the date Imperial County, California; and in that outside thereof in the United States, any when information upon which this sec­ part of Riverside County, California, grapefruit, grown as aforesaid, which tion is based becomes available and the situated south and east of the San Gor­ are of a size smaller than 3H16 inches in time when this section must become gonio Pass, effective under the applicable diameter, or (b) to any point in Canada, effective in order to effectuate the de­ provisions of the Agricultural Marketing any grapefruit, grown as aforesaid, which clared policy of the act is insufficient, Agreement Act of 1937, as amended (7 are of a size smaller than 36/io inches in and a reasonable time is permitted, under U. S. C. 601 et seq.), and upon the basis diameter (“diameter” in each case to be the circumstances, for preparation for of the recommendations of the Adminis­ measured midway at a right angle to a such effective time; and good cause exists trative Committee (established under the straight line running from the stem to for making the provisions hereof effective aforesaid amended marketing agreement the blossom end of the fruit), except that as hereinafter set forth. The Committee and order), and upon other available a tolerance of percent, by count, oi held an open meeting during the current 5 information, it is hereby found that the grapefruit smaller than the foregoing week, after giving due notice thereof, limitation of shipments of grapefruit, as minimum sizes shall be permitted which to consider supply and market conditions hereinafter provided, will tend to effec­ tolerance shall be applied in accordance for lemons and the need for regulation; tuate the declared policy of the act. interested persons were afforded an op­ (2) It is hereby further found that itwith the provisions for the application portunity to submit information and is impracticable and contrary to the of tolerance, specified in the revised views at this meeting; the recommenda­ public interest to give preliminary notice, United States Standards for Grapefnn tion and supporting information for engage in public rule-making procedure, (California and Arizona), 7 CFR 51.925" Saturday, D e ce m b er 14, 1957 fEDERAL REGISTER 10029

51.955: Provided, That In determining with a written decision. In any decision Chapter III—-Foreign and Territorial the percentage of grapefruit in any lot that termination action will be taken, Compensation which are smaller than 3Hie inches in the agency shall notify the employee of diameter, such percentage shall be based the reasons for the action and the effec­ [Dept. Reg. 108.350] only on the grapefruit in such lot which tive date; also of the right of the em­ P art 325— A d d it io n a l C ompensation i n are of a size 4%e inches in diameter and ployee to appeal to the Commission and F o r e ig n A reas smaller; and in determining the percent­ the time limit within which his appeal DESIGNATION OF DIFFERENTIAL POSTS age of grapefruit in any lot which are must be submitted to the Commission smaller than 3%6 inches in diameter, as provided in § 9.106 (c ). Section 325.11 Designation of differen­ such percentage shall be based only on (c) The retention preference regula­tial posts, is amended as follows, effective the grapefruit in such lot which are of a tions (Part 20 of this chapter) shall be on the dates indicated: size 3*%6 inches in diameter and smaller. followed whenever a probationer’s sep­ 1. Effective as of the beginning of the (2) As used herein, “handler,” “va­ aration is caused by reduction in force. first pay period following November 30, riety,” “grapefruit,” and “ship” shall § 9.106 Authority of Commission to 1957, paragraph (b) is amended by the have the same meaning as when used in investigate separations, suspensions, re­ deletion of the following: said amended marketing agreement and assignments, or demotions. * * * India, all posts except Bangalore, Bhopal, order; and the terms “U. S. No. 2” and (b) The Commission may investigate Bombay, Calcutta, Chandigarh, Gwalior, “well colored” shall each have the same the removal, suspension, reassignment, Hazaribagh, Hyderabad, Izatnagar, Jodh­ meaning as when used in the revised or demotion of an employee who estab­ pur, Kotah, Lucknow, Ludhiana, Madras, United States Standards for Grapefruit Nabha, Nagpur, New Delhi, Pipri, Rajkot, lishes a prima facie case that: Simla, Trivandrum,' Udaipur and Vellore. (California and Arizona), §§ 51.925- (I ) The procedure prescribed by the 51.955 of this title. Commission under § 9.102 (a) ( 1) or 2. Effective as of the beginning of the (Sec. 5, 49 Stat. 753, as amended; T U. S. C. § 9.103 (a) or (b) has not been followed first pay period following November 30, 608c) (regardless of other allegations) ; or 1957, paragraph (c) is amended by the Dated: December 11,1957. * * * * • * deletion of the following: (R. S. 1753, sec. 2, 22 Stat. 403, as amended; Brazil, all posts in states and territories other [ seal] S. R . S m it h , 5 U. S. C. 631, 633) than those named under Brazil above ex­ Director, Fruit and Vegetable cept Belo Horizonte, Curitiba, Porto Alegre, Division, Agricultural Mar­ U n it e d S tates C iv il S erv­ Recife (Pernambuco), Rio de Janeiro, keting Service. ic e C o m m is s io n , Salvador (Bahia), Santos and Sao Paulo. [ se al] W m . C. H u l l , [F. R. Doc. 57-10351; Filed, Dec. 13, 1957; Executive Assistant. 3. Effective as of the beginning of the 8:48 a. m.] first pay period following November 30, [F. R. Doc. 57-10355; Filed, Dec. 13, 1957; 1957, paragraph (a) is amended by the 8:49 à. m.] addition of the following: TITLE 5— ADMINISTRATIVE Anand, India PERSONNEL 4. Effective as of the beginning of the Chapter I— Civil Service Commission P art 25— F ederal E m p l o y e e s ’ P a y first pay period following November 30, R e g u la t io n s 1957, paragraph (b) is amended by the Part 9— S eparations, Suspensio ns, and addition of the following: GENERAL PROVISIONS D emotions India, all posts except Anand, Bangalore, Bhopal, Bombay, Calcutta, Chandigarh, MISCELLANEOUS AMENDMENTS Effective August 3, 1957, subpara­ graphs (4), (5), and ( ) of paragraph Gwalior, Hazaribagh, Hyperabad, Izatna­ 6 gar, Jodhpur, Kotah, Lucknow, Ludhiana, Effective as to actions taken after (d) of § 25.103 are revoked and a new February 16, 1958, §§ 9.103 and 9.106 Madras, Nabha, Nagpur, New Delhi, Pipri, subparagraph (4) is added as set out Rajkot, Simla, Trivandrum, Udaipur and (b) ( ) are amended as set out below. 1 below. Vellore. § 9.103 Procedure in separating em­ § 25.103 General provisions. * * * 5. Effective as of the beginning of the ployee serving a probationary or trial (d) Where an employee occupies afirst pay period following November 30, period, (a) Any employee serving a position not subject to the Classification 1957, paragraph (c) is amended by the probationary or trial period shall be Act, and the employee together with his addition of the following: given a full and fair trial in the per­ position is initially brought under the Brazil, all posts in states and territories other formance of the duties of the position Classification Act of 1949, as amended, to which appointed. If the performance than those named under Brazil above ex­ pursuant to a Reorganization Act or cept Belo Horizonte, Curitiba, Porto Ale­ of his duties or his conduct during the other legislation, an Executive order of gre, Recife (Pernambuco), Rio de Janeiro, Probationary or trial period is not satis­ the President, or a decision of the Civil Salvador (Bahia), Santos, Sao Paulo and factory to the agency, his services shall Taubate. be terminated by notifying him in writ­ Service Commission under section 203 of ing of the reasons for his separation and the Classification Act of 1949, as 6. Effective as of the beginning of the of its effective date; also of his right to amended, the employee’s rate of basic first pay period following April 6, 1957, appeal to the Commission and the time compensation shall be determined as paragraph (d) is amended by the addi­ limit within which his appeal must be follows: tion of the following: submitted to the Commission as provided ***** Antigua Island, B. W. I. in § 9.106 (c). (4) If the employee is receiving a rate 7. Effective as of the beginning of the

TITLE 21— FOOD AND DRUGS of FM broadcast stations requesting the functional music programs trans­ amendment or waiver of the rules to mitted on a sub-carrier simultaneously Chapter II— Bureau of Narcotics, permit continued functional music with the regular broadcast programs on Department of the Treasury operations on a simplex basis after the main channel. Parties argued in January 1, 1958. the proceeding that multiplex equipment P art 304— A djudication an d L ic e n s in g 2. Wm. Penn Broadcasting Company was not sufficiently developed. The P rocedure (W P E N -F M ), Philadelphia, Pennsyl­ Commission stated, nevertheless, that C ross R eference : For order proclaim­ vania; FM Broadcasters, Inc., tr/as M ar­ since functional music is not broadcast­ ing and making effective the findings ket-Casters, Seattle, Washington; and ing and conversion or reallocation of the of the Secretary of the Treasury with WBFM, Inc. (W B F M ), New York, New FM band was not intended, the only regard to certain drugs having addic­ York, filed petitions requesting that the alternative to multiplexing would be a tion-forming and addiction-sustaining rules be amended to delete the manda­ complete bar of functional music in the liability similar to morphine, see Procla­ tory requirement for multiplexing and FM broadcasting band. mation 3214, Title 3, supra. to permit SCA holders to simplex or 6. In light of the unavailability of multiplex on a voluntary basis. King multiplex equipment, the Commission Broadcasting Company (KING-FM), provided that functional music could be TITLE 36— PARKS, FORESTS, AND Seattle, Washington; Capital Broad­ conducted on a simplex basis for one casting Company (W N A V -T V ), An­ year following the effective date of the MEMORIALS napolis, Maryland; North Shore Broad­ new rules— until July 1, 1956. Sub­ Chapter I— National Park Service, casting Company (W E A W -F M ), Evan­ sequently, the date for conversion to Department of the Interior ston, Illinois; Robert P. Adams (K U T E ), multiplexing was extended one year—to Glendale, California; The Silver City July 1,1957— and again for six months— P art 13— A d m is s io n , G u id e , E levator, Crystal Company, Inc. (W M M W -F M ), to January 1, 1958. The FM stations and A u t o m o b il e F ees Meriden, Connecticut; The Albertson listed above now request ihat we further extend the time for simplex operations ADMISSION FEES, MISCELLANEOUS Broadcasting Corporation (W B N Y -F M ), Buffalo, New York; Concert Network, beyond January 1 or delete altogether 1. Paragraph (d) of § 13.13 AdmissionInc. (W H C N ), Hartford, Connecticut; the requirement for multiplexing. fees, miscellaneous, is amended to read and Kief Broadcasters (K Q X R ), Bakers­ 7. Ninety-six Subsidiary Communica­ as follows: field, California, request either amend­ tions Authorizations for functional music by FM broadcast stations are outstand­ (d) A fee of 25 cents shall be charged ment or waiver of the rules to permit ing. Ffty-nine of these are for multi­ each person entering the Government simplexing for an additional 6 months’ plexing, thirty for simplexing and seven area on Jamestown Island and Glass­ period beyond January 1, 1958, until cover both modes of operation. Twenty- house Point in Colonial National Histori­ July 1, 1958. Functional Broadcasting, seven of the FM stations holding SCA’s cal Park, except members of the Associa­ Inc. (W D D S-FM ), Syracuse, New York; for multiplexing have submitted meas­ tion for the Preservation of Virginia Radio KITE, Incorporated (K ITE-FM ) urements which appear to indicate satis­ Antiquities. The fee shall be combined San Antonio, Texas; WWDC, Inc. with a fee of 25 cents per person charged (W W D C -F M ), Washington, D. C.; Music factory performance. ' . W e affirm our view that functional for admission to the area owned by the Services, Inc. (W F M F ), Chicago, Illinois; 8 music operations engaged in by FM sta­ Association for the Preservation of Vir­ WCAU, Incorporated (W C A U -F M ), tions in the broadcast band should be ginia Antiquities and included within the Philadelphia, Pennsylvania; Brazy conducted on a multiplex basis as soon Jamestown National Historic Site, and Broadcasting Corporation (K F M U ), Los as possible. Last June when we extended during the period from April 1, 1957 Angeles, California; Musicast, Incorpo­ the time during which functional music through December 31, 1958, with a fee rated (K M LA), Los Angeles, California; on a simplex basis could continue to be of 50 cents per person for admission to Continental Telecasting Corporation provided to January 1, 1958, we stated the Festival Center to be operated in (K R K D -F M ), Los Angeles, California; that we expected further extensions for the State Park by the Commonwealth of and Sundial Broadcasting Corporation simplexing would not be necessary. Virginia. Officials of the National Park (K D FC), San Francisco, request either -Functional music operators have been on Service, the Commonwealth of Virginia, amendment or waiver of the rules to per­ notice for over two and a half years that and the Association for the Preservation mit simplexing for an additional year the Commission expected all functional of Virginia Antiquities may admit the until January 1, 1959. Lincoln Broad­ music operations to be multiplexed. We general public to the areas under their casting Company (W L D N -F M ), Oak do not believe that an additional gen­ jurisdiction without charge upon special Park, Michigan, requests either amend­ eral extension for simplexing is justified. occasions, and official complimentary ment or waiver to permit simplexing W e recognize, however, that some sta­ passes issued by any of the three parties until satisfactory multiplex equipment tions are presented with difficulties in shall be honored by the other parties. becomes available. 3. Oppositions to any extension have completing their conversion to multiplex­ (Sec. 3, 39 Stat. 535, as amended; 16 U. S. C. been filed by FM Unlimited, Inc., Chi­ ing within the specified time. Accord­ 3) • cago, Illinois, and Sharon-Herald ingly, the Commission will consider H a t field C h il s o n , Broadcasting Company (W P IC ), Sharon, individual requests for waiver of the Under Secretary of rules to permit short-term extensions for the Interior. Pennsylvania. 4. The Commission amended its rules simplexing upon a showing that the FM D ecember 9,1957. effective July 1, 1955, to permit FM station has taken steps to convert to multiplexing and that such extension is [F. R. Doc. 57-10342; Filed, Dec. 13, 1957; broadcast stations to provide functional 8:45 a.m .] music services such as background necessary to enable the station to com­ music and storecasting. The Commis­ plete its conversion. In order to affor sion concluded that functional music was time for the Commission to process sucn TITLE 47— TELECOMMUNI­ “predominantly non-broadcast in na­ requests for waiver, we are amending tn rules to extend the time when simply CATION ture” but should be allowed as an adjunct to FM broadcasting operation. operations may be conducted from Janu­ Chapter I— Federal Communications The Commission emphasized that func­ ary 1, 1958, to March 1, 1958. Commission tional music was a subsidiary service, au­ 9. Any station holding an SCA for sim­ thorized for the purpose of enabling FM plexing and desiring to continue sue [FCC 57-1325] broadcast stations to improve their operations beyond March 1, [Rules Arndt. 3-103] financial position in order that they order to complete conversion to mui ■* might provide better broadcast service to plexing should file with the Commissi P art 3— R adio B roadcast S ervices the public. on or before January 15, 1958, a reques^ SUBSIDIARY COMMUNICATIONS AUTHORIZA­ 5. The Commission’s Report authoriz­ for waiver of the rules setting forth coin TIONS OF FM BROADCAST STATIONS ing functional music provided that, as plete information concerning the step 1. The Commission has before it for soon as feasible, such operations should that have been taken to convert to m consideration petitions filed by a number be conducted on a multiplex basis, with tiplexing, the reasons why it win Saturday, D e ce m b e r 14, 1957 FEDERAL REGISTER 10031

unable to complete conversion by March (Sec. 4, 48 Stat. 1066, as amended; 47 IT. S. O. Sec. 1,1958, and the date when it is expected 154. Interprets or applies secs. 301, 803, 48 10.153 Suspension of transmission required. Stat. 1081, 1082; 47 IT. S. C. 301, 303) 10.154 Mobile Installations in vehicles not conversion will be completed. Stations under the continuous control of which have already submitted requests Adopted: December 5,1957. the licensee. for waiver of the rules to extend simplex Released: December 11, 1957, 10.155 Operator requirements. operations may incorporate the material 10.156 Posting of operator license. set out in their requests by reference, F ederal C ommunication s 10.157 Transmitter identification card and provided the Commission is so advised C o m m is s io n , posting of station license. 10.158 Inspection of stations. by January 15, 1958. [ s e a l ] M a r y Ja n e M o rris, 10. In light of the foregoing, we are Secretary. 10.159 Inspection and maintenance of tower marking and associated con­ amending Section 3.293 of the rules to [F. R. Doc. 57-10363; Filed, Dec. 13, 1957; trol equipment. extend from January 1, 1958, to March 8:51 a. m,] 10.160 Answers to notices of violations. 1, 1958, the time when all functional 10.161 Content of station records. music by FM broadcast stations must be 10.162 Form of station records. multiplexed. At the same time, we are 10.163 Retention of station records. extending all outstanding SCA’s for sim- 10.164 Emergency operation of mobile sta­ P art 10— P u b l ic S a f e t y R adio S ervices plexing to March 1, 1958, or to the ex­ tions at fixed locations. 10.165 Communication with other stations. RECAPITULATION OF REGULATIONS piration date of the license of the FM 10.166 CONELRAD rules for the Public broadcast station holding the SCA, Because of the number of outstanding Safety Radio Services. whichever is sooner. amendments to Part 10 since it was last Subpart E— Developmental Operation 11. Authority for the adoption of the published in the F ederal R egister (De­ amendment is contained in sections 4 cember 18, 1953, 18 F. R. 8491), Part 10 10.201 Eligibility. (i), 301, 303 (b ), (g) and (r) of the 10.202 Showing required. is recapitulated as of December 2, 1957, 10.203 Limitations on use. Communications Act of 1934, as amended. to read as set forth below. The amendment constitutes a relaxation 10.204 Frequencies available for assignment. F ederal C ommunications 10.205 Interference. of the rules and prior notice of rule 10.206 Special provisions. C o m m is s io n , making is unnecessary. W e find, fur­ 10.207 Change or cancellation of authori­ ther, that the public interest, convenience [ s e a l ] M a r y J a n e M orris, zation without hearing. and necessity would be served by making Secretary. 10.208 Report of operation. the amendment effective less than 30 Subparf A— General Information Subpart F— Police Radio Service days after publication in the F ederal Sec. Register. 10.1 Basis and purpose. 10.251 Eligibility. 12. Accordingly, it is ordered, That the 10.2 Definitions. 10.252 Permissible communications. above-described petitions, insofar as they 10.3 Organization and applicability of 10.253 Points of communication. rules. 10.254 Station limitations. request that the rules be amended to 10.255 Frequencies available to the Police delete the requirement that all func­ 10.4 General limitation on use. 10.5 General citizenship restrictions. Radio Service. tional music operations in the FM broad­ 10.6 General restrictions on transfer and Subpart G— Fire Radio Service cast band be multiplexed,, or request assignment of station authoriza­ blanket extensions for simplexing beyond tion. 10.301 Eligibility. March 1,1958, are denied. 10.7 Cooperative arangements. 10.302 Permissible communications. 13. It is further ordered, That, effec­ 10.8 Frequency coordination procedures. 10.303 Points of communication. 10.304 Station limitations. tive January 1, 1958, § 3.293 of the Com­ Subpart B— Applications, Authorizations and mission’s rules and regulations is 10.305 Frequencies available to the Fire Notifications Radio Service. amended by substituting March J, 1958, 10.51 Station authorization required. for January , 1958, in the next to the Subpart H— Forestry-Conservation Radio 1 10.52 Procedure for obtaining a radio sta­ last sentence. The rule as amended will tion authorization and for com­ Service read as follows: mencement of operation. 10.351 Eligibility. § 3.293 Subsidiary Communications 10.53 Filing of applications. 10.352 Permissible communications. 10.54 Who may sign applications. 10.353 Points of communication. iAuthorizations. An FM broadcast li­ 10.55 Standard forms to be used. 10.354 Station limitations. censee or permittee may apply for a Sub- 10.56 Request for special temporary au­ 10.355 Frequencies available to the Forestry- “ ®ary Communications Authorization thority. Conservation Radio Service. iSCA) to engage in a limited type of 10.57 [Reserved] non-broadcast service. These services 10 58 Supplementary information to be Subpart I— Highway Maintenance Radio Service are restricted to those involving pro­ submitted with application. gramming consisting of news, music, 10.59 [Reserved] 10.401 Eligibility. hme, weather, and other similar pro­ 10.60 Partial grant. 10.402 Permissible communications. 10.61 Defective applications. gram categories, (The functional music 10.403 Points of communication. 10.62 Amendment or dismissal of applica­ 10.404 Station limitations. services whereby FM stations undertake tions. 10.405 Frequencies available to the High­ •n supply programs of a predominantly 10.63 Construction period. way Maintenance Radio Service. musical nature to commercial establish­ 10.64 License term. ments is an example of such an SCA 10.65 Changes in authorized stations. Subpart J— Special Emergency Radio Service FCC Form 318— Application 10.66 Discontinuance of station operation. 10.451 Availability of service. ror Subsidiary Communications Author- 10.67 [Reserved] 10.452 Disaster relief organizations. 10.68 International police radio communi­ 10.453 Physicians and veterinarians. «atioh, shall be submitted; the appli­ cation. cant for the SCA shall there specify the 10.454 Ambulance operators and rescue organizations. Subpart C— Technical Standards ^urticular nature or purposes of the SCA 10.455 Beach patrols. Iteration or operations sought. New 10.101 Frequencies. 10.456 School buses. «cA operations will be authorized only 10.102 Frequency stability. 10.457 Communication standby facilities. or multiplexing. Outstanding Subsid­ 10.103 Types of emission. 10.458 Establishments in Isolated areas. ing • Communications Authorizations 10.104 Emission limitations. 10.459 Emergency repair of public com­ °r simplex operations will not be ex­ 10.105 Modulation requirements. munications facilities. 10.106 Power and antenna height. 10.460 Points of communication. tended beyond March 1, 1958. SCA 10.107 Transmitter control requirements. 10.461 Station limitations. Derations on a multiplex basis may be 10.108 Transmitter measurements. 10.462 Frequencies available to the Special arned on without restriction as to time, 10.109 Acceptability of transmitters for Emergency Radio Service. implex operations pursuant to out- licensing. 10.110 Type acceptance of equipment. Subpart K— State Guard Radio Service tanding authorizations shall be con­ 10.501 Eligibility. ducted during those times not devoted Subpart D— Operating Requirements 10.502 Permissible communications. jo the 36 hours required under 8 3.261 10.151 Operating procedure. 10.503 Points of communication. °r FM broadcast operation. 10.152 Station identification. 10.504 Station limitations.

< 10032 RULES AND REGULATIONS

Sec. radiocommunication facilities in the tion, from which the carrier frequency 10.505 Frequencies available to the State Public Safety, Industrial, Land Trans­ may deviate by an amount not to exceed Guard Radio Service. % portation. Marine, or Aviation Service. that permitted by the frequency toler­ Au t h o r it y : §§ 10.1 to 10.505 issued under (l) Control 'station. An operational ance. sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. fixed station the transmissions of which (z) Authorized bandwidth. The fre­ 154. Interpret or apply sec. 303, 48 Stat. are used to control, automatically, the quency band, specified in kilocycles and 1082, as amended, sec. 5, 66 Stat. 713; 47 emissions or operation of another radio centered on the carrier frequency, con­ ü. S. C. 303, 155. station at a specified location. taining those frequencies upon which a SUBPART A— GENERAL INFORMATION (m ) Repeater station. An opera­ total of 99 percent of the radiated power tional fixed station established for the appears, èxtended to include any discrete § 10.1 Basis and purpose, (a ) The automatic retransmission of radiocom­ frequency upon which the power Is at basis for this part is the Communications munications received from one or more least 0.25 percent of the total radiated Act of 1934, as amended, and applicable mobile stations and directed to a speci­ power. treaties and agreements to which the fied location. (aa) Antenna structure defined. The United States is a party. This part is is­ (n) Fixed relay station. An opera­ term “antenna structure” includes the sued pursuant to authority contained in tional fixed station established for the radiating system, its supporting struc­ Title III of the Communications Act of automatic retransmission of radiocom­ tures, and any surmounting appurte­ 1934, as amended, which vests authority munications received from either one nances. in the Federal Communications Commis­ or more fixed stations or from a com­ (bb) Land radiopositioning station. A sion to regulate radio transmissions and bination of fixed and mobile stations station in the radiolocation service, other to issue licenses for radio stations^ and directed to a specified location. than a radionavigation station, not in­ (b> This part is designed to provide a (o) Zone station. A fixed station in tended for operation while in motion. service of radiocommunication essential the police radio service using radio­ (cc) Mobile radiopos.itioning station. either to the discharge of non-federal telegraphy (A1 emission) for communi­ A station in the radiolocation service, governmental functions relating to the cation with other similar stations in other than a radionavigation station, in­ public safety or the alleviation of an the same zone and with an interzone tended to be used while in motion or emergency endangering life or property. station. during halts at unspecified points. § 10.2 Definitions. For the purpose of (p) Interzone station. A fixed sta­ § 10.3 Organization and applicability this part the following definitions shall tion in the police radio service using of jules. The rules in this part are di­ be applicable. (For other definitions, radiotelegraphy (A1 emission) for com­ vided into eleven subparts, of which Sub­ refer to Part 2 of this chapter.) munication with zpne stations within parts A through E, inclusive, contain (a) Public Safety Radio Services. the zone and with interzone stations in general rules which apply to every sta­ Any service of radiocommunication, es­ other zones. tion authorized under this part, while sential either to the dischargé of non- (q) Land station. A station in the Subparts F through K, inclusive, are spe­ federal governmental functions relating mobile service not Intended for opera­ cific and apply only to the stations au­ tion while in motion. (O f the various to public safety responsibilities or to the thorized under the particular subject. alleviation of an emergency endangering types of land stations, only the base sta­ life or property, the radio transmitting tion is pertinent to this part and will be § 10.4 General limitation on use. The facilities of which are defined as fixed, used interchangeably with land station.) radio facilities authorized under this part land, or mobile stations. (r) Base station. See “Land station,” shall not be used to carry program mate­ (b) Police Radio Service. A Public paragraph (q) of this section. rial of any kind for use in connection Safety service of radiocommunication es­ (s) Mobile station. A station in the with radio broadcasting and shall not sential to official police activities. mobile service intended to be used while be used to render a communications

lithe Commission finds that the public § 10.8 Frequency coordination pro­ district office is necessary before the tests Interest will be served by refusal or rev­ cedures. (a) Except for application in are begun. ocation of such license. the Special Emergency Radio Service, (2) After testing, but on or before the each application requesting assignment date when the station is first used for §10.6 General restrictions on trans­ of a frequency not previously authorized fer and assignment of station authoriza- operational purposes, mail to the Com­ for use by the applicant shall be accom­ IHon. A s t a tio n authorization; the fre­ mission in Washington, D. C., an appli­ panied by information in the form quencies authorized to be used by the cation on FCC Form 400 for license or required by either paragraph (b) or (c) grantee o f such authorization; and the modification of license, as appropriate of this section. rights th e r e in granted by such authori­ in the particular case. The station may (b) ( ) A statement under oath that zation sh all not be transferred, assigned, 1 thereafter be used as though licensed, all existing licensees in the same service or in an y manner either voluntarily or pending Commission action on the involuntarily disposed of, or indirectly by located within a radius of 75 miles of license application. transfer o f control of any corporation the proposed station and operating on (c) When a construction permit and holding such authorization to any per­ frequencies within the band proposed license for a new base, fixed or mobile son, unless the Commission shall, after to be used by the applicant have been station are issued simultaneously the li­ securing fu ll information, decide that notified of the applicant’s intention to censee shall notify the Engineer-in- said transfer is in the public interest, request the particular frequency; and Charge of the local radio district of the and shall give its consent in writing. (2) A report based on a field study date on which the transmitter will be I Requests for authority to assign or covering an area within a radius of 75 placed in operation, giving name of transfer c o n t r o l of a station authoriza­ miles of the proposed station, indicating licensee, station location, call sign, and tion m ay b e submitted in accordance the probable interference to existing operating frequencies. This notification with §10.55 (b) or (d ), whichever is stations operating in the same service in shall be made in writing on or before applicable. the band requested. the day on which operation is com­ (c) In lieu of the statement and re­ menced. FCC Form 456 may be used §10.7 Cooperative arrangements. Ar­ port described in paragraph (b) of this for this purpose. rangements may be made between two or seetion, the applicant may submit a (d) W hen a construction permit and [more p erson s for the cooperative use of statement from a frequency advisory modification of license for a base, fixed radio s ta tio n facilities provided all per­ committee commenting upon the fre­ or mobile station are issued simultane­ sons s h a rin g in the use of a station are quency requested and giving the opinion ously, operation may be commenced eligible to hold licenses to operate the of the committee regarding the probable without notification to the Engineer-in- particular t y p e of station shared. Such interference to existing stations. The Charge of the local radio district, except cooperative arrangements shall be gov- frequency advisory committee must be so where operation on a new or different jerned by t h e following: organized that it is representative of all frequency results by reason of such mod­ I te) Agreements relating to control. persons involved who are eligible for ification, in which event the notification (1) A group of persons eligible for a U- radio facilities in the service concerned procedure set forth in paragraph (c) of [eense in t h e same public safety radio in the area the committee purports to this section must be observed. service may share the use of a base sta­ represent and for which recommenda­ tion or a base and mobile station licensed § 10.53 Filing of applications, (a) tions are made. The functions of such To assure that necessary information is to one member of the group provided committees are purely advisory in char­ supplied in a consistent manner by all there is on file with the Commission, and acter and their comments and recom­ persons, standard forms are prescribed Maintained with the records of the sta­ mendations are not binding upon the for use in connection with the majority tion, a copy of the agreement under Commission. I which such shared operationjshali take of applications and reports submitted for Place. Such agreement should provide SUBPART B— APPLICATIONS, AUTHORIZATIONS Commission consideration. Standard that the licensee of the station shall be AND NOTIFICATIONS numbered forms applicable to the Public n control of the operation of the station § 10.51 Station authorization re­ Safety Radio Services are discussed in and that all use of its facilities shall take quired. No radio transmitter shall be § 10.55, and may be obtained from the Place only under the direction and su- operated in the Public Safety Radio Washington, D. C., office of the Com­ pei!r*on an employee of the licensee. Services except under and in accordance mission, or from any of its engineering LP* Subscribers to such service may with a proper station authorization field offices. Concerning matters where t h 1 a separate license to cover granted by the Federal Communications no standard form is applicable, the P®I* ® 6 transmitters which they use Commission. procedure outlined in § 10.56 should be [; mobile transmitters may be in- followed. § 10.52 Procedure for obtaining a tiv!m ^cense of the base station (b) Any application for radio station 1»« service is rendered. In the radio station authorization and for com­ authorization and all correspondence re­ L "J ^ se the coordinated service agree- mencement of operation, (a) Persons lating thereto shall be submitted to the i should specifically cover use of such desiring to install and operate radio Commission’s office at Washington 25, transmitting equipment should first sub­ pphf 6 uni*s an4 indicate that the li- D. CM directed to the attention of the | would be in control of such units. mit an application for a radio station Secretary. An application for commer­ authorization in accordance with CtkwvK -^ributions to operating costs. cial radio operator permit or license may with service may be rendered § 10.55 (a ). be submitted to any of the Commission’s cost to subscribers or contribu- (b) When construction permit onlyengineering field offices, or to the Com­ has been issued for a base, fixed or mo­ inatfii? capltal and operating expenses mission’s office at Washington 25, D. C. crmtJi? accePted by the licensee. Such bile station and installation has been (c) Unless otherwise specified, an ap­ ba^ie U^ions mus* be on a cost-sharing completed in accordance with the terms plication shall be filed at least sixty days sis fLand Pro-rated on an equitable ba- of the construction permit and the ap­ prior to the date on which it is desired thp a^.Persons who are parties to plicable rules of the Commission, the that Commission action thereon be com­ arrangement. Records permittee shall proceed further as pleted. In particular, applications in­ its no re®e° t the cost of the service and follows: volving the installation of new equip­ be cost-sharing nature shall (1) Notify the5 Engineer-in-Charge ofment shall be filed at least sixty days censPA ^Gained by the base station li- the local radio district of the date on prior to the contemplated installation. by a l and held available for inspectiofi which the transmitter will first be tested (d) Failure on the part 8f the appli­ j (^ commission representative. in such manner as to produce radiation, cant to provide all the information re­ quired by the application form or to Each £

as a base station or as a fixed station at person the privilege to construct or use a necessary data in connection with the unspecified or temporary locations for radio station, he shall submit to the filing of formal applications for installa. indeterminate periods, such transmitters Commission a letter setting forth his de­ tion of a radio system under this part. may be considered to comprise a single sire to assign all right, title, and interest In this case, the authority, if issued, will station intended to be operated at tem­ in and to such authorization, stating the be for developmental operation only and porary locations. An applicatimi for call sign and location of station. This the applicable sections of Subpart E authority to operate a base station or a letter shall also include a statement that shall also apply to the grant. fixed station at temporary locations shall the assignor will submit his current sta­ (c) Request for special temporary au­ specify the general geographic area tion authorization for cancellation upon thority shall contain the following In­ within which the operation will be con­ completion of the assignment. Enclosed formation: fined. The area specified may be a city, with this letter shall be an application (1) Name, address, and citizenship a county or counties, or a state or states. for Assignment of Authorization on FCC status of applicant. (2), When a base station or fixed sta­ Form 400 prepared by and in the name (2) Need for special action, including tion authorized to operate at temporary of the person to whom the station is a description of any emergency or dam­ locations remains at a single location for being assigned. age to equipment. more than one yéar, an application for (c) A separate application may be (3) Type of operation to be conducted. modification of the station authorization submitted on FCC Form 400-A for cer­ (4) Purpose of operation. to specify the permanent location shall tain changes to authorized stations as (5) Time and date of operation de­ be filed within thirty days after expira­ specified in § 10.65 (b ). sired. tion of the one year period. (d) A separate application shall be (6) Class of station and nature of submitted on FCC Form 703 whenéver it service. § 10.54 Who may sign applications. is proposed to change, as by transfer of (7) Location of station. (a ) One copy of each application for an stock-ownership, the control of a cor­ ( 8) Equipment to be used, specifying authorization shall be signed under oath porate permittee or licensee. manufacturer, model number and num­ or affirmation in accordance with thè (e) An application not submitted on a ber of units. following: standard form prescribed by the Com­ (9) Frequency(s) desired. (1) Applications filed on behalf of eli­ mission is considered to be an informal (10) Plate power input to final radio gible governmental entities such as states application. Each informal applica­ frequency stage. and territories of the United States and tion shall be submitted in duplicate, nor­ (11) Type of emission. political subdivisions thereof, the District mally in letter form, and with the (12) Description of antenna to be of Columbia, and units of local govern­ original sighed under oath or affirmation. used, including height. ment including incorporated municipal­ Each application shall be clear and com­ (d) Except in emergencies involving ities, shall be signed by such duly elected plete within itself as to the facts pre­ safety of life or property or due to dam­ or appointed officials as may be compe­ sented and the action desired. age to equipment, request for special tent to do so under the law of the (f) FCC Form 456 “Notification of. temporary authority shall be submitted jurisdiction. Completion of Radio Station Construc­ to the Commission at least ten days (2) Applications filed on behalf of tion” may be used to advise the Engi- prior to the date of proposed operation, applicants other than governmental en­ neer-in-Charge of the local district office or it must be accompanied by a state­ tities shall be signed by the individual, that construction of the station is com­ ment of reasons for the delay in sub­ or any one of the partners if the appli­ plete and that operational tests will mitting such request. cant be a partnership, or by an officer if begin. the applicant be a corporation, or by a § 10.57 [Reserved] (g ) Application for renewal of station member who is an officer if the applicant license shall be submitted on FCC Form § 10.58 Supplementary information be an unincorporated association. 405-A. * Unless otherwise directed by the to be submitted with application. Bach §10.55 Standard forms to be used. Commission, each application for re­ application for station authorization (a) A separate application shall be sub­ newal of station license shall be filed shall be accompanied by such supple* mitted on FCC Form 400 for the follow­ during the last 60 days of the license mental information listed below as may ing: term. In any case in which the licensee be required: (1) New station authorization for a has, in accordance with the Commis­ (a) Statement with respect to fre­ base or fixed station. sion’s rules made timely and sufficient quency selection and coordination: (1) Any statements or showings, re­ (2) New station authorizations for any application for renewal of license, no required number of mobile units (in­ license with reference to any activity of quired by the applicable subpart of these cluding hand-carried or pack-carried a continuing nature shall expire until rules, in connection with the use of the units) or any required number of units such application shall have been finally frequency requested. of a base station or fixed station to be determined. (2) Evidence of frequency coordina­ operated at temporary locations in the tion as required by § 10.8. , § 10.56 Request for special temporary same service. (b) Statements justifying the nee“ authority, (a) In circumstances requir­ when more frequencies are desired tna N ote: An application for mobile units may ing immediate or temporary use of fa ­ are normally assigned to a single app ' be combined with an application for a single cilities, request may be made for special /»csTvfc nnHpi* f.Vio QnnliP.Si.lYlG SUfoP&^ ® base station in those cases where the mobile units will operate with that base station temporary authority to install and op­ inis part. ni in a single radio communication system. erate new equipment or to operate li­ (c) Statement describing the type censed equipment in a manner different emission to be used if it cannot be a * (3) License for any class ot station from that authorized in the station li­ scribed as “8A3” or “40F3” pursuant w upon completion of construction or in­ cense. Any such request may be in letter Subpart C of this part. stallation in accordance with the terms form, submitted in duplicate, and signed (d) Description of the antenna sy and conditions set forth in the construc­ under oath: Provided, That in cases of tem, on FCC Form 401-A in triplicate tion permit. emergency involving danger to life or all cases when: • *1 (4) Modification of combined con­ property or due to damage to equipment, (1) The antenna structures propos struction permit and station license for such request may be made by telephone to be erected will exceed an ove changes outlined in § 10.65 (a). or telegraph, and in the event that the height of 170 feet above ground ie>c- (5) Modification of construction per­ Commission finds that such an emer­ except that where the antenna , mit. gency exists temporary authorization mounted on top of an existing man-BP ( 6) Modification of station license. may be granted for the duration of thé structure, other than an antenna s Any of the foregoing applications will, emergency. Any such request shall be ture, and does not increase the ov upon approval and authentication by the clear and complete within itself as to height of such man-made structur . Commissiori, be returned to the applicant the facts presented and the action de­ more than 20 feet, no Form 401-A w as a specifically designated type of au­ sired. be filed; or „«nsed thorization. (b) Special temporary authority may (2) The antenna structures proPV® { (b) When the holder of a station au­also be requested for the purpose of to be erected will exceed an overall n thorization desires to assign to another conducting a fielcj, survey to determine of one foot above the established Saturday, December 14, 1957 FEDERAL REGISTER 10035 port (landing area) elevation for each the time the application is granted or (2) Addition or deletion of control 200 feet of distance, or fraction thereof, designated for hearing. Each amend­ point(s) for presently authorized trans­ from the nearest boundary of such land* ment to, or request for dismissal of an mitter. ing area, except that where the antenna application shall be signed, authenti­ (3) Reduction in antenna height. If does not exceed 20 feet above the ground cated, and submitted in the same manner painting and/or lighting of the antenna or if the antenna is mounted on top of and with the same number of copies as supporting structure is required, FCC an existing man-made structure, other required for the original application. All Form 401-A must also be submitted. than an antenna structure, or natural related correspondence or other mate­ <4) A reduction in the overall number formation and does not increase the rial which is to be considered as a part of transmitters authorized for mobile overall height of such man-made struc­ of an application already filed shall be use, or for use at base or fixed stations ture or natural formation by more than submitted in the form of an amend­ authorized to be operated at temporary 20 feet, no Form 401-A need be filed. ment to the application concerned. locations. (e) A functional system diagram and § 10.63 Construction period, (a) Each (5) An increase in the overall number a detailed description of the manner in radio station construction permit issued of transmitters authorized for mobile which the interrelated stations will op­ by the Commission will specify the date use, or for use at base stations or fixed erate when the station is, or will be, part of grant as the earliest date of com­ stations to be operated at temporary lo­ of a system involving two or more sta­ mencement of construction and installa­ cations within the authorized area of tions at different fixed locations, in ac­ tion, and a maximum of eight months operation. This form may be used only cordance with the instructions accom­ when adding transmitters which are in­ panying Form 400. thereafter as the time within which construction shall be completed and the cluded in the Commission’s “List of (f) Copies of all agreements and station ready for operation, unless other­ Equipment Acceptable for Licensing” and statements which may be required under wise determined by the Commission in designated for use in the Public Safety § 10.7 if operation is desired in connec­ any particular case. Radio Services. tion with any cooperative use of the (6) An extension of the time limit proposed radio communication facilities. (b) In cases where the station is not ready for operational use on or before specified in a construction permit. (g) Statements required by the rules (c) Proposed changes which will not in this part in connection with develop­ the expiration date of the construction permit, application for extension of time depart from any of the terms of the out­ mental operations. See §§ 10.202,10.203, standing authorization for the station 10.207. to construct shall be filed on FCC Form 400-A. involved may be made without prior (h) Description of any equipment, Commission approval. Included in such proposed to be used, which does not ap­ § 10.64 License term, (a) For all changes is the substitution of various pear on the Commission’s List of Equip­ stations in the Public Safety Radio Serv­ makes of transmitting equipment at any ment Acceptable for Licensing and des­ ices, except those engaged in develop­ station provided the particular equip­ ignated for use in the Public Safety, mental operation, the license period shall ment to be installed is included in the Industrial and Land Transportation be as follows: Commission’s “List of Equipment Ac­ Radio Services. (1) Each station license will be issued ceptable for Licensing” and designated (i) Any statements or other data re­ for a term of from one to five years from for use in the Public. Safety, Industrial, quired under special circumstances as the effective date of grant, the term and Land Transportation Radio Services set forth in the applicable subpart of varying as may be necessary to permit and provided the substitute equipment this part, or required upon request by the orderly scheduling of renewal employs the same type of emission and the Commission. applications. does not exceed the power limitations as § 10.59 [Reserved] (2) Each station license normally will set forth in the station authorization. be renewed, upon proper application, for § 10.60 Partial grant. Where the a term of five years from the effective § 10.66 Discontinuance of station op­ Commission, without a hearing, grants date of renewal. eration. In case of discontinuance of operation for a period of one year or an application in part, or with any privi­ (b ) Authorization for stations engaged more of a base or fixed station in these leges, terms or conditions other than in developmental operation will be made services, or in case of discontinuance for those requested, the action of the Com­ upon a temporary basis for a specific a period of one year or more of operation mission shall be considered as a grant period of time, but in no event to extend of all transmitter units listed in the li­ of such application unless the applicant beyond one year from date of grant. shall, within 20 days from date on which cense for a mobile station in these serv­ grant is made, or from its effective date § 10.65 Changes in authorized sta­ ices, the licensee shall forward the sta­ “ a l^er date is specified, file with the tions. Authority for certain changes in tion license to the Washington, D. C„ Commission a written request, rejecting authorized stations must be obtained office of the Commission for cancellation. the grant as made. Upon receipt of such from the Commission before these A copy of the request for cancellation of request, the Commission will vacate its changes are made, while other changes the license shall be forwarded to the original action upon the application and do not require prior Commission ap­ Commission’s Engineer in Charge of the set the application for hearing in the proval. The following paragraphs district in which the station is located. same manna: as other applications are describe the conditions under which § 10.67 [Reserved] set for hearing. prior Commission approval is or is not necessary. § 10.68 International police radio § 10.61 Defective applications. (a) (a) Proposed changes which will re­ communication. Police radio licensees An application which is not prepared in sult in operation inconsistent with any Which are located in close proximity to accordance with the Commission’s Rules of the terms of the current authoriza­ the borders of the United States may be or other requirements will be considered tion require that an application for defective. authorized to communicate internation­ modification of construction permit . r ^ If an applicant is requested by the ally. Request for such authority shall and/or license be submitted to the Com­ be submitted in duplicate and be signed commission to file any documents oi mission and, except as set forth in under oath. The request shall include uuormatfon not included in the pre- paragraph (b) of this section, shall be crib ed application form, a failure tc information as to the station with which on Form 400 and shall be accompanied ompiy with such request will constitute communication will be conducted, fre­ by exhibits and supplementary state­ a d e fe c t in the application, quency, power, emission, etc., that will be ments as required by § 10.58. tn k . ^ len 811 application is considered used. If authorized, such international (b) Any of the following changes to j. De Incomplete or defective, the Secre- communication must be conducted in ac­ authorized stations may be made upon th!y °* Commission will return it tc cordance with Article 5 of the Inter- applicant, unless the Commission approval by the Commission of a “Re­ may otherwise direct. American Radio Agreement, Washing­ quest for Amendment of Radio Station ton, D. C., 1949 which reads as follows: Amendment or dismissal of Authorization” submitted on FCC Form 400-A. A rticle 5. Police radio stations. When the Any application may be American countries authorize their police or dismissed without prejudice (1) Change in presently authorizedradio stations to exchange emergency in­ P n request of the applicant prior to location of transmitter control point. formation by radio with similar stations of 10036 RULES AND REGULATIONS another country, the following rules shall be (c) Frequencies in the band 72-76 Mo censee’s activity: Provided, That other­ applied: may be authorized and used only in ac­ wise all operations are in accordance (a ) Only police radio stations located close cordance with the criteria set forth with the Commission’s Rules. to the boundaries of contiguous countries (2) The frequency 27.255 Me is avail­ shall be allowed to exchange this informa* below: tion. (1) All authorizations are subject to able for assignment in the Public Safety (b ) In general, only important police mes­ the condition that no harmful inter­ Radio Services for use on a shared basis sages shall be handled, such as those which ference will be caused to television re­ with stations in other services. All fixed would lose their value because of slowness ception on Channels 4 and 5. and mobile operations on this frequency and time limitations if sent on other com­ (2) The applicant agrees to eliminate are subject to interference from the op­ munication systems. any harmful interference caused by his eration of industrial, scientific and med­ (c) Frequencies used for radiotelephone operation to TV reception on either ical devices in the frequency band 26.96 communications with mobile police units to 27.28 Me. shall not be used for radiotelegraph com­ Channel 4 or 5 that might develop by munications. whatever means are found necessary (e) Frequencies below 25 megacycles (d) Radiotelephone communications shall within 90 days of the time knowledge listed in the various services of this part be conducted only on frequencies assigned of said interference is first brought to are the frequencies normally assigned to for radiotelephony. his attention by the Commission. If stations in those services under the in­ (e) Radiotelegraph communications shall said interference is not cleared up dicated conditions and limitations. In be conducted on the following frequencies: within the 90-day period, operation of individual cases it may be impracticable 2804 kc calling 5195 kc day calling the fixed station will be discontinued. to authorize the normally assignable 2808 kc working 5135 kc day working (3) Vertical polarization is used. frequencies because of potential inter­ 2812 kc working 5140 kc day working (4) Whenever it is proposed to locate a ference to existing frequency use in the (f ) The characteristics of police radio sta­ 72-76 Me fixed station less than 80, but area involved. In such cases substitute tions authorized to exchange information more than 10 miles from the site of a TV frequencies, which are in accordance shall be notified to the International Tele­ transmitter operating on either Channel with the Commission’s table of frequency communication Union, Geneva, Switzerland. 4 or 5, or from the post office of a com­ allocations and compatible with existing (g) The abbreviations contained in Ap­ munity in which such channels are United States and foreign -assignments pendix 9 of the Atlantic City Radio Regula­ assigned but are not in operation, the made pursuant to outstanding interna­ tions shall be used to the greatest possible extent. Service indications are as follows: fixed station shall be authorized only if tional agreements, may be authorized “P ”, priority, for messages that are to be sent there are fewer than 100 family dwelling even though such frequencies are not immediately, regardless of the number of units1 located within a circle centered 'listed in this part. other messages on file. If no service indica­ at the location of the proposed fixed sta­ (f) [Reserved] tion is given, the messages are to be trans­ tion a the radius of which shall be deter­ (g) Persons authorized pursuant to mitted in the order of receipt. mined by use of the chart entitled, this part to operate radio stations on (h ) The message shall contain the pre­ “Chart for Determining Radius From frequencies in the band 25-50 Me must amble, address, text, and signature, as Fixed Station in 72-76 Me Band to In­ follows: recognize that the band is shared with Preamble. The preamble of the message terference Contour Along Which 10 Per­ various services in other countries; that shall consist of the following: the serial cent of Service From Adjacent Channel harmful interference may be caused by number preceded by the letters “N R ”; serv­ Television Station Would Be Destroyed.” tropospheric and ionospheric propaga­ ice indications, as appropriate; the group Two charts are provided, one for Channel tion of signals from distant stations of count according to standard cable count 4, and one for Channel 5: Provided, all services of the United States and system; the letters “CK”, followed by however, That the Commission may, in a other countries operating on frequencies numerals indicating the number of words particular case, authorize the location of contained in the text of the message; office in this band; and that no protection and country of origin (not abbreviations) ; a fixed station within a circle, as deter­ from such harmful interference gen­ day, month, and hour of filing; mined under the above conditions, con­ erally can be expected. Persons desiring Address. The address must be as com­ taining 100 or more family dwelling to avoid such harmful interference plete as possible and shall include the name units upon a showing that: should consider operation on available of the addressee with any supplementary (i) The proposed site is the only suit­ frequencies higher in the radio spectrum particulars necessary for immediate delivery able location. not generally subject to this type of of the message; (ii) It is not feasible, technically or difficulty. Text. The text may be either in plain otherwise, to use other available fre­ language or code; quencies. § 10.102 Frequency stability, (a) Ex­ Signature. The signature shall include (iii) The applicant has a plan to con­ cept as provided in paragraph (b) of the name and title of the person originating this section, a permittee or licensee in the message. trol any interference that might develop to TV reception from his operations. these services shall maintain the carrier SUBPART C— TECHNICAL STANDARDS (iv) The applicant is financially able frequency of each authorized transmitter § 10.101 Frequencies, (a) The fre­ and agrees to make such adjustments within the following percentage of the quencies available for assignment are in the TV receivers affected as may be assigned frequency: listed in the applicable subpart of this necessary to eliminate interference part. All applicants for, and licensees caused by his operations. A ll mobile of, stations in these services shall co­ (5) All applications seeking author­ A ll fix e d station s Frequency range an d base operate in the selection and use of the ity to operate with a separation of less sta tio n s than 10 miles will be returned without O v e r 3 3 watts designated frequencies to minimize in­ o r less terference and to make effective use of action. w a tts the frequencies assigned. Frequencies (d) The frequency 27.255 Me may be Percent listed in this part will not be assigned ex­ authorized to any eligible applicant in Percent Percent ■Relnw M e ... , 0.01 0.01 0.02 clusively to any one applicant. The use the Public Safety Radio Services subject 2J5 to SO Me ____ .002 .002 .005 to the following conditions and limita­ « o to w on Mn .0005 .0005 .005 of any frequency may be restricted to 0 ) one or more specified geographical areas. tions: « 0 ) (b) Frequencies assigned to govern­ (1) Notwithstanding the rule provi­ ment radio stations under Executive Or­ sions relating to permissible communi­ * To be specified In the station authorization. der of the President may be authorized cations and points of communication in (b) In lieu of meeting the require­ for use of stations in these services upon the applicable subpart of this part, the ments of paragraph (a) of this section appropriate showing by the applicant frequency 27.255 Me may be used to for the frequency rangfes shown below, that such assignment is necessary for accomplish any radiocommunication re­ transmitters authorized prior to Novem­ inter-communication with government quirement which is necessary to the li- ber 1, 1958, and transmitters which are stations or required for coordination operationally integrated with existing with activities of Federal Government, 1 As defined by the U. S. Bureau of the and where the Commission finds, after radio systems authorized prior to No­ Census. vember , 1958, may conform to the fol­ consultation with the appropriate gov­ * Family dwelling units 70 or more miles 1 ernment agency or agencies, that such distant from the TV antenna site are not to lowing frequency tolerances until not assignment is necessary. be counted. later than October 31, 1963: Saturd ay, D e ce m b e r 14, 1957 FEDERAL REGISTER 10037

* X (2) Except as provided in subpara­ quired for satisfactory radiotelephone Transm itter power graphs (3) and (4) of this paragraph, Intelligibility in these services is consid­ Frequency range for all F3 emission, the maximum author­ ered to be 3000 cycles per second; in any O v e r 3 3 w a tts o r ized bandwidth and maximum author­ w a tts less transmitter not subject to the provisions ized frequency deviation shall be as of paragraphs (d) or (f) of this section follows: Percent Percent the over-all frequency response of the 25 to 50 M e ______0.01 0.02 audio and modulating circuits neverthe­ 5fl to 220 M e ______.005 .01 less shall correspond approximately with 220 to 1000 A ffi ...... A u th o riz e d F re q u e n c y 0 0 Frequency band (M e) b a n d w id th d e v ia tio n that required thereby. (k c ) (k c ) (b) When amplitude modulation is > To be specified in the authorization. used for telephony, the modulation per­ 2ft to 50 M o ___ 20 6 (c) For the purpose of.determining the50 to 150 M e ...... 40 15 centage shall be sufficient to provide ef­ frequency tolerance applicable to a par­ 150 to 450 M e 20 5 ficient communication and normally 450 to 1,000 M e ticular transmitter in accordance with 40 15 shall be maintained above 70 percent on the foregoing provisions of this section, peaks, but shall not exceed 100 percent the power of a transmitter shall be the (3) In lieu of meeting the require­ on negative peaks. maximum rated, plate power input to its ments of subparagraph (2 ) of this para­ (c) Each transmitter first authorized final radio frequency stage, as specified graph, transmitters authorized prior to or installed after July I, 1950, shall be by the manufacturer. November 1,1958 to utilize type F3 emis- provided with a device which automat­ . sion and to be operated on frequencies in ically will prevent modulation in excess § 10.103 Types of emission, (a.) Ex­ the range 25 to 50 Me, and transmitters of that specified in this subpart which cept as provided in paragraphs (c) and which are operationally integrated with may be caused by greater than normal (d) of this section, stations in these existing radio systems authorized prior audio level: Provided, however, That this services will be authorized to use only to November 1, 1958 for operation on requirement shall not be applicable to A3 or F3 emission for radiotelephony. frequencies in that range, may be oper­ transmitters authorized to operate as The authorization to use A3 or F3 emis­ ated with a maximum authorized band­ mobile stations with a maximum plate sion is construed to include the use of width of 40 kc and a maximum frequency power input to the final radio frequency tone signals or signaling devices the deviation of 15 kc, until not later than stage of 3 watts or less. function of which is limited to estab­ October 31, 1963. (d) For the frequency range 25 to 50 lishing or maintaining voice communi­ (4) In lieu of meeting the require­ Me : Each transmitter first authorized or cations, or to actuating emergency warn­ ments of subparagraph (2) of this para­ installed after November 1, 1958, other ing devices used solely for the purpose graph, transmitters authorized prior to than transmitters operationally inte­ of advising the general public or emer­ November 1,1958 to utilize type F3 emis­ grated with an existing radio system au­ gency personnel of an impending emer­ sion and to be operated on frequencies in thorized prior to November 1, 1958, and gency situation. the range 150 to 450 Me, and transmitters each transmitter operating after October (b) The use of F3 emission in these which are operationally integrated with 31, 1963, which is provided with a modu­ services will be authorized only on fre­ existing radio systems authorized prior lation limiter in accordance with the pro­ quencies above 30 Me. to November 1, 1958, for operation on visions of paragraph (c) of this section, (c) Zone and interzone stations will frequencies in that range, may be oper­ also shall be provided with an audio low- be authorized to use only A1 emission. ated with a maximum authorized band­ pass filter. Such filter shall be installed (d) Other types of emission not de­ width of 40 kc and a maximum frequency between the modulation limiter and the scribed in paragraphs (a) or (cl of this deviation of 15 kc, until not later than modulated stage and shall meet the section, may be authorized upon a satis­ October 31, 1963. * specifications contained in paragraph factory showing of need therefor. An (5) For all type A1 emissions, the (g) of this section. application requesting such authoriza­ maximum authorized band width shall be (e) [ReservedJ tion shall fully describe the emission de­ 0.25 kc. (f) For the frequency range 150 to 162 sired, shall indicate the bandwidth re­ (c) For purpose of demonstrating Me: Each transmitter first authorized quired for satisfactory communication, compliance with paragraph (a) of this or installed after November 1, 1958, other and shall state the purpose for which section, the following limits apply: than transmitters operationally inte­ such emission is required. For infor­ (1) Any emission appearing on any grated with an existing radio system au­ mation regarding the classification of frequency removed from the carrier fre­ thorized prior to November 1, 1958, and emissions and the calculation of the quency by at least 50 percent, but not each transmitter operating after Oc­ bandwidth, reference should be made to more than 100 percent, of the maximum Part 2 of this chapter. tober 31, 1963, whieh is provided with a authorized bandwidth shall be attenu­ modulation limiter in accordance with 810.104 Emission limitations, (a) ated not less than 25 db below the un­ the provisions of paragraph (c) of this Each authorization issued to a station modulated carrier. section, also shall be provided with an operating in these services will show, as (2) Any spurious or harmonic emis­ audio low-pass filter. Such filter shall the prefix to the emission classification, sion appearing on any frequency removed be installed between the modulation a figure specif ying the maximum author­ from the carrier frequency by at least limiter and the modulatd stage and ized bandwidth in kilocycles to be occu­ 100 percent of the maximum authorized shall meet the specifications contained pied by the emission. The specified bandwidth shall be attenuated below the in paragraph (g) of this section. hand shall contain those frequencies unmodulated carrier by not less than the (g) At audio frequencies between 3 upon which a total of 99 percent of the amount indicated in the following table: kc and 15 kc, the low-pass filter required radiated power appears, extended to In­ Maximum authorized plate by the provisions of paragraph (d) or clude any discrete frequency upon which power input to the final Attenuation Cf) of this section shall have an attenu­ the power is at least 0.25 percent of the radio frequency stage: (db) ation greater than the attenuation at 1 total radiated power. Any radiation in 3 watts or less______40 kc by at least: excess of the limits specified in para­ Over 3 watts mid Including 35 watts- 50 40 log io (f/3) decibels graph (c) of this section is considered to Over 25 watts and including 150 watts______60 he an unauthorized emission. Over 150 watts and including 600 where “f ” is the audio frequency in kilo­ . The maximum authorized band­ watts___- ____ — ______70 cycles. At audio frequencies above 15 width of emission corresponding to the Over 600 watts______80 kc, thé attenuation shall be at least 28 types of emission specified in § 10.103 (a) decibels greater than the attenuation at “hd (c), and the maximum authorized (d) When an unauthorized emission 1 kc. frequency deviation in-the case of fre- results in harmful interference, the Com­ § 10.106 Power and antenna height. or Phase modulated emission, mission may, in its discretion, require snail be as follows: appropriate technical changes in equip« (a ) The power which may be used by a ment to alleviate the interference. station in these services shall be no more (1) por all type A3 emissions, the than the minimum required for satis­ aximum authorized bandwidth shall be § 10.105 Modulation requirements. 8 kc. factory technical operation commensu­ (a) The maximum audio frequency re­ rate with the size of the area to be served 10038 RULES AND REGULATIONS and local conditions which affect radio under the supervision of a control point (1) When the transmitter is initially transmission and reception. In cases operator. Dispatch points may be in­ installed; of harmful interference, the Commission stalled without authorization. (2) When any change is made in the may order a change in power or antenna (e) At each control point the follow­transmitter which may increase the height, or both. ing facilities shall be installed: transmitter power input; (b) Except where the maximum (1) A carrier operated device which (3) At intervals not to exceed six power that may be used on a particular will provide continuous visual indica­ months. frequency is specifically designated in tion when the transmitter is radiating; (c) The licensee of each station shall connection with the use of such fre­ or, in lieu thereof, a pilot lamp or meter employ a suitable procedure to determine quency, plate powfr input to the final which will provide continuous visual in­ that the modulation of each transmitter, radio frequency stage in excess of the dication when the transmitter control authorized to operate with a plate input following tabulation will not be author­ circuits have been placed in a condition power to the final radio frequency stage ized: to produce radiation: Provided however, in excess of 3 watts, does not exceed the Maximum That the provisions of this subpara­ limits specified in this part. This de­ plate power graph shall not apply to hand-carried or termination shall be made and the re­ input to the pack-carried transmitters or to trans­ sults thereof entered in the station final radio records, in accordance with the following: frequency mitters installed on motorcycles. Frequency range: stage (watts) (2) Equipment to permit the operator (1) When the transmitter is Initially 1.6 to 3 Me______2,000 to aurally monitor all transmissions installed; 3 to 25 Me______1,000 originating at dispatch points under his (2) When any change is made in the 25 to 100 Me______- ______500 supervision; transmitter which may affect the modu­ 100 to 450 Me______600 (3) Facilities which will permit the lation characteristics; Above 450 Me______(*) operator either to disconnect the dis­ (3) At intervals not to exceed six 1 In accordance with developmental au­ patch point circuits from the transmitter months. thorization. or to render the transmitter inoperative (d) The determinations required by paragraphs (a ), (b) and (c) of this sec­ (c) The plate power input to the final from any dispatch point under his tion may, at the option of the licensee, r. f. stage under actual operation shall supervision; and be made by any qualified engineering not exceed by more than percent the (4) Facilities which will permit the 10 measurement service, in which case, the plate power input shown in the Radio operator to turn the transmitter carrier on and off at will. required record entiles shall show the Equipment List, Part C, for transmitters name and address of the engineering included in this list, or the manufac­ § 10.108 Transmitter measurements. measurement service as well as the name turer’s rated plate power input for the (a ) The licensee of each station shall of the person making the measurements. particular transmitter specifically listed employ a suitable procedure to determine (e) In the case of mobile transmitters, on the authorization. that the carrier frequency of each trans­ the determinations required by para­ § 10.107 Transmitter control require­ mitter, authorized to operate with a plate graphs (a) and (c) of this section may ments. (a) Each transmitter shall be input power to the final radio frequency be made at a test or service bench; pro­ so installed and protected that it is not stage in excess of 3 watts, is maintained vided, the measurements are made under accessible to or capable of operation by within the tolerance prescribed in this load conditions equivalent to actual op­ persons other than those duly authorized part. This determination shall be made, erating conditions, and provided further, by the licensee. and the results thereof entered in the that after installation the transmitter is (b) A control point is an operating station records, in accordance with the given a routine check to determine that following: position which must meet all of the fol­ it is capable of being satisfactorily re­ lowing conditions: (1) When the transmitter is initially ceived by an appropriate receiver. installed; (1) The position must be under the § 10.109 Acceptability of transmitters control and supervision of the licensee; (2) When any change is made in the transmitter which may affect the carrier ■for licensing, (a) From time to time the (2) It is a position at which the moni­ Commission will publish a list of equip­ toring facilities required by this section frequency or the stability thereof; (3) At intervals not to exceed six ment entitled “Radio Equipment List, are installed; and Part C, List of Equipment Acceptable (3) It is a position at which an oper­ months, for transmitters employing crystal-controlled oscillators; for Licensing.” Copies of this list are ator responsible for the operation of the (4) At intervals not to exceed one available for inspection at the Commis­ transmitter is stationed. sion’s Offices in Washington, D. C., and (c) Each station which is not author­ month, for transmitters not employing crystal-controlled oscillators. at each of its field offices. This list will ized for unattended operation shall be include type approved and type accepted provided with a control point, the loca­ (b) The licensee of each station shall employ a suitable procedure to determine equipment and equipment which was tion of which will be specified in the included in this list on May 16, 1955. license. Unattended stations may be that the plate power input to the final radio frequency stage of each base sta­ Such equipment will continue to be in­ provided with a control point if author­ tion or fixed station transmitter, au­ cluded on the list unless it is removed ized by the Commission. In urban areas thorized to operate with a plate input therefrom by Commission action. the location will be specified “same as power to the final radio frequency stage (b) Except for transmitters used at transmitter” unless the control point in excess of 3 watts, does not exceed the developmental stations, each transmit­ is at a street address different from that maximum figure specified on the current ter utilized by a station authorized for of the transmitter. In rural areas the station authorization. Where the trans­ operation under this part must be of a location will be specified “same as trans­ mitter is so constructed that a direct type which is included on the Commis­ mitter” unless the control point is more measurement of plate current in the final sion’s current “List of Equipment Ac­ than 500 feet from the transmitter, in radio frequency stage is not practicable, ceptable for Licensing” and designated which case the approximate location will the plate input power may be determined for use in this service or be of a type be specified in distance and direction from a measurement of the cathode cur­ which has been type accepted by the from the transmitter in terms of feet rent in the final radio frequency stage. Commission for use in this service. Un­ and geographical quadrant, respectively. When the plate input to the final radio til January 1, 1965, however, equipment It will be assumed that the location of frequency stage is determined from a presently in use may continue to be used the control point is the same »as the measurement of the cathode current, the by the licensee, his successors, or assigns location of the transmitter unless the required entry shall indicate clearly the in business provided the operation oi application includes a request for a dif­ quantities that were measured, the such equipment does not result in harm­ ferent location described in appropriate ful interference due to the failure oi terms as indicated in this paragraph. measured values thereof, and the method of determining the plate power input such equipment to comply with the cur­ Authority must be obtained from the rent technical standards of the rules. Commission for the installation of ad­ from the measured values. This deter­ ditional control points. mination shall be made, and the results § 10.110 Type acceptance of equip-

service may request “type acceptance” base station is not required to transmit shall operate a station during the course for such transmitter following the type any identification. of normal rendition of service when acceptance procedure set forth in Part (e) A mobile station which Is either transmitting radiotelegraphy by any type 2 of this chapter. separately licensed to a different licensee, of the Morse Code. (b) Type acceptance for an individ­ transmits on any frequency other than (c) Except under the circumstances ual transmitter may also be requested the transmitting frequency of the asso­ specified in paragraphs (a) and (b) of by an applicant for a station authoriza­ ciated base station, or which has no as­ this section, and except as limited by tion by following the type acceptance sociated base station shall transmit the paragraphs (g) through (j) of this sec­ procedures set forth in Part 2 of this required identification at the end of each tion, an unlicensed person may operate chapter. Such tra.nsmitt.ers, if ac­ transmission or exchange of transmis­ a mobile station during the course of nor­ cepted, will not normally be included on sions, or once each thirty minutes of the mal rendition of service when transmit­ the Commission’s “Radio Equipment operating period, as the licensee may ting on frequencies above 25 Me. after List, Part C, List of Equipment Accept­ prefer. Where election is made to trans­ being authorized to do so by the station able for Licensing” but will be individ­ mit the required identification at thirty- licensee; ually enumerated on the station author­ minute intervals, a single mobile unit (d) Except under the circumstances ization. in each general geographic area may be specified in paragraphs (a) an<3 (b) of (c) Additional rules with respect to assigned the responsibility for such this section, and except as limited by type aceptance are set forth in Part 2 transmission and thereby eliminate any paragraphs (g) through (j) of this sec­ of this chapter. These rules include in­ necessity for every unit of the mobile tion, only a person holding a commercial formation with respect to withdrawal station to transmit the required identi­ radio operator license or permit of any of type acceptance, modification of fication. For the purpose of this class issued by the Commission shall op­ type accepted equipment and limitations paragraph, the term “each general geo­ erate a mobile station during the course on the findings upon which type accept­ graphic area” means an area not smaller of normal rendition of service when ance is based. than a single city or county and not transmitting on frequencies below 25 Me.: SUBPART D— OPERATING REQUIREMENTS larger than a single district of a State Provided, however, That an unlicensed where the district is administratively es­ person, after being authorized to do so by § 10.151 Operating procedure, (a) tablished for the service in which the the station licensee, may operate such a All communications, regardless of their radio system operates. mobile station during the course of nor­ nature, shall be restricted to the mini­ (f ) Stations which are entirely mal rendition of service when transmit­ mum practical transmission time. automatic in their operation will be con­ ting on frequencies below 25 Me. while it (b) Continuous radiation of an un­ sidered for exemption from the require­ is associated with and under the opera­ modulated carrier is prohibited except ments of paragraph (c) of this section. tional control of a base station of the when required for test purposes. same station licensee. (c) Zone and interzone stations shall § 10.153 Suspension of transmission (e) Except under the circumstances employ the standard operating procedure required. The radiations of the trans­ specified in paragraphs (a) and (b) of prescribed by the Commission. Copies mitter shall be suspended immediately this section, and except as limited by of such procedure are available for dis­ upon detection or notification of a devi­ paragraphs (g) through (j) of this sec­ tribution to persons having a legitimate ation from the technical requirements of tion, base stations and fixed stations shall need therefor. Requests for copies the station authorization until such de­ be operated in accordance with the fol­ should be addressed to the Secretary, viation is corrected, except for transmis­ lowing when transmitting during the Federal Communications Commission, sions concerning the immediate safety of course of normal rendition of service: Washington-, 25, D. C: - life or property, in which case the trans­ (1) From a control point, only a per­ (d) The Commission expects each li­ missions shall be suspended as soon as son holding a commercial radio operator censee to take reasonable precautions to the emergency is terminated. license or permit of any class issued by prevent unnecessary interference. If § 10.154 Mobile installations in ve­ the Commission shall operate a base sta­ harmful interference develops, the Com- hicles not under the continuous control tion or fixed station. mission may require any or all stations of the licensee. A mobile radio station (2) From a dispatch point, an un­ to monitor the transmitting frequency licensed in these services may not be in­ licensed person may operate a base sta­ prior to transmission. stalled or maintained in a vehicle, air­ tion or fixed station after being author­ . (e) Tests may be conducted by any craft, or vessel, which is not at all times ized to do so by the station licensee: Pro­ licensed station as required for proper controlled exclusively by the licensee, un­ vided, however, That such operation shall statical and system maintenance, but less precautions have been taken to elim­ be under the direct supervision and re­ such tests shall be kept to a minimum inate effectively the possibility of the sponsibility of a person who holds a com­ and precautions shall be taken to avoid licensed transmitter being operated dur­ mercial radio operator license or permit interference to other stations. ing the period that the vehicle, aircraft, of any class issued by the Commission, and who is on duty at a control point § 10.152 Station identification, (a) or vessel is not under the control of the meeting the requirements of Subpart C The required identification for stations licensee. of this part. these services shall be the assigned § 10.155 Operator requirements, (a) (f) Except under the circumstances call signal. All transmitter adjustments or tests dur­ specified in paragraph (a) of this sec­ (b) Nothing in this section shall be ing or coincident with the installation, tion, and except as limited by paragraphs construed as prohibiting the transmis­ servicing, or maintenance of a radio sta­ (g) through (j) of this section, no per­ sion of additional station or unit identi­ tion, which may affect the proper opera­ son, whether or not a licensed operator, fiers which may be necessary for systems tion of such station, shall be made by or is required to be in attendance at a sta­ operation: Provided, however, Such addi­ under the immediate supervision and re­ tion when transmitting during the course tional identifiers shall not be composed sponsibility of a person holding a first or of normal rendition of service and when of letters or letters and digits arranged second class commercial radio operator either: a manner which could be confused license, either radiotelephone or radio­ (1) Transmitting for telemetering with an assigned radio station call signal. telegraph, who shall be responsible for purposes or (c) Except as indicated in para­ the proper functioning of the station (2) Retransmitting by self-actuating graphs (d>; (e), and (f) of this section, equipment: Provided, however, That only means a radio signal received from an­ each station in these services shall trans­ persons holding a first or second class other radio station or stations. mit the required identification at the commercial radiotelegraph operator li­ (g) The provisions of this section au­ fad of each transmission or exchange of cense shall perform such functions at thorizing certain unlicensed persons to transmissions, or once each thirty radiotelegraph stations transmitting by operate certain stations when transmit­ minutes of the operating period, as the any type of the Morse Code. ting during the course of normal ren­ fieensee may prefer. (b) Except under the circumstancesdition of service, shall be applicable only tv.(cV ^ m°kile station authorized to specified in paragraph (a) of this sec­ to stations in the domestic service except the licensee of the associated base sta- tion, only a person holding a commercial that the provisions o f paragraph (e) (2) and which transmits only on the radiotelegraph operator license or permit of this section shall be applicable to sta­ transmitting frequency of the associated of any class issued by the Commission tions in either the domestic or interna-.] 10040 RULES AND REGULATIONS tlonal service. For the purposes of this tenance work is being performed by him as amended, and/or Part 17 of this section, a station in the domestic service or under his immediate supervision and chapter shall comply with the provisions is one which is located within the United responsibility: Provided, That in lieu of of this section in the operation and States, its territories or possessions and posting his license, he may have on his maintenance of such tower marking as which, when communicating with other person either his license or a valid veri­ follows: stations, is in communication exclusively fication card. (a) Shall make an observation of the with one or more other United States § 10.157 Transmitter identification tower lights at least once each 24 hours stations which are also located in the card and posting of station license, (a) either visually or by observing an auto­ United States, its territories or posses­ The current authorization for each mo­ matic and properly maintained indicator designed to register any failure of such sions; a station in the international serv­ bile station and each base or fixed sta­ ice is one which is not in the domestic tion authorized to be operated at lights, to insure that all such lights are service as just defined. temporary locations shall be retained as functioning properly as required; or al­ (h) The provisions of this section au­ a permanent part of the station record, ternatively, thorizing certain unlicensed persons to but need not be posted. An executed (b) Shall provide and properly main­ operate mobile stations shall not be con­ Transmitter Identification Card (FCC tain an automatic alarm system de­ strued to change or diminish in any re­ Form 452-C) shall be affixed to each signed to detect any failure of such spect the responsibility of station Li­ mobile transmitter or associated control lights and to provide indication of such censees to have and to maintain control equipment and each transmitter of a failure to the licensee. over the stations licensed to them (in­ base station or a fixed station authorized (c) Shall report immediately by tele­ cluding all transmitter units thereof), or to be used at temporary locations or as­ phone or telegraph to the nearest Air­ for the proper functioning and operation sociated control equipment. When the ways Communication Station or office of those stations (including all transmit­ transmitter is not in view of and readily of Civil Aeronautics Administration any ter units thereof) in accordance with the accessible to the operator, it is preferred observed or otherwise known failure of a terms of the licenses of those stations. that the Identification Card be affixed to code or rotating beacon light or top (i) Notwithstanding any other pro­ the control equipment at the transmit­ light not corrected within thirty min­ visions of this section, unless the trans­ ter operating position. The following utes, regardless of the cause of such mitter is so designed that none of the information shall be entered on the card failure. Further notification by tele­ operations necessary to be performed by the permittee or licensee: phone or telegraph shall be given imme­ during the course of normal rendition of (1) Name of permittee or licensee; diately upon resumption of the required service may cause off-frequency opera­ (2) Station call signal assigned by the illumination. tion or result in any unauthorized radia­ Commission; (d) Shall inspect at intervals not to tion, such transmitter shall be operated (3) Exact location or locations of the exceed three months all automatic or by a person holding a first or second class transmitter records; mechanical control devices, indicators commercial radio operator license (either (4) Frequency or frequencies on and alarm systems associated with the radiotelephone or radiotelegraph as may which the transmitter to which attached tower lighting to insure that such ap­ be appropriate for the type of emission is adjusted to operate; and paratus is functioning properly. being used), issued by the Commission. (5) Signature of the permittee or li­ (e) Shall exhibit all lighting from (j) Any reference in this section to a censee, or a designated official thereof. sunset to sunrise unless otherwise speci­ commercial radio operator license or per­ (b) The current authorization for fied. mit of any class issued by the Commis­ each base or fixed station at a fixed loca­ (f) Shall maintain a supply of spare sion shall not be construed to include tion shall be posted at the principal con­ bulbs sufficient for immediate replace­ Aircraft Radiotelephone Operator Au­ trol point of that station. At all other ment purposes at all times. thorizations. 'control points listed on the station au­ (g) Shall clean and repaint all towers as often as necessary to maintain good § 10.156 Posting of operator license. thorization, a photocopy of the authori­ visibility. (a) The original license of each base or zation shall be posted. In addition, an fixed station operator, other than an op­ executed Transmitter Identification Card § 10.160 Answers to notices of viola- erator exclusively performing service and (FCC Form 452-C) shall be affixed to tions. Any licensee receiving official ‘maintenance duties, shall be posted or each transmitter operated at a fixed notice of a violation of the terms of the kept immediately available at the place location, when such transmitter is not Communications Act of 1934, as where he is on duty as an operator: Pro­ in view of, and readily accessible to, amended, any legislative act, treaty to vided, however, That if an operator who the operator at the principal control which the United States is a party, or is on duty holds a restricted radiotele­ position. the rules and regulations of the Federal phone operator permit of the card form (c) [Reserved] Communications Commission, shall, (as distinguished from such document (d) In lieu of the Transmitter Identi­ within 3 days from such receipt, send a of the diploma form) or holds a valid li­ fication Card, FCC Form 452-C, Revised, written answer to the office of the Com­ cense verification card (FCC Form 758- as required by paragraphs (a) and (b) mission originating the official notice. F ) attesting to the existence of any other of this section, a permittee or licensee If an answer cannot be sent, or an ac­ valid commercial radio operator license, may at his option employ a plate of metal knowledgment made within such 3-day he may have such permit or verification or other substantial material which shall period, acknowledgment and answer card, as the case may be, in his personal bear the title “Radio Transmitter Iden­ shall be made at the earliest practicable possession. tification,” and shall clearly display all date with a satisfactory explanation ol (b) Whenever a licensed operator is the information required to be shown the delay. The answer to each notice required for a mobile station, the origi­ on the FCC Form 452-C, Revised, with shall be complete in itself and shall not nal license of each such operator, other the exception of the signature. be abbreviated by reference to other com­ than an operator exclusively performing munications or answers to other notices. § 10.158 Inspection of stations. All service and maintenance duties, shall be The reply shall set forth the steps taken stations and records of stations in these kept in his personal possession whenever services shall be made available for in­ to prevent a recurrence of such lack or he performs the duties of an operator at spection at any time while the station is attention or improper operation. such station: Provided, That in lieu of an in operation or shall be made available § 10.161 Content of station records. original license of the diploma form (as for inspection upon reasonable request of Each licensee of a station in these serv­ distinguished from such document of the an authorized representative of the Com­ ices shall maintain records in accord­ card form) he may have in his personal mission. possession a valid verification card at­ ance with the following: . (a) For all stations, the results and testing to its existence. § 10.159 Inspection and maintenance dates of the transmitter measurements (c) The original license of every sta­ of tower marking and associated control required by these rules and the name oi tion operator who exclusively performs equipment. The licensee of any radio the person or persons making the meas­ service and maintenance duties at that station which has an antenna structure station shall be posted at the transmitter required to be painted or illuminated urements. involved whenever the transmitter is in pursuant to the provisions of section 303 (b) For all stations, when service or actual operation while service or main­ (q) of the Communications Act of 1934, maintenance duties are performed, tnc Saturday, December 14, 1957 FEDERAL REGISTER 10041

responsible operator shall sign and date (b) Each entry in the records shall be ing Yellow or Red, but may be coinci­ an entry in the station record giving: signed by a person qualified to do so hav­ dental with such warnings. (1) Pertinent details of all duties per­ ing actual knowledge of the facts to be (3> An Air Defense Control Center formed by him or under his supervision^ recorded. r(ADCC) is an air operations center from (2) His name and address, and (c) No record or portion thereof shall which an Air Division (Defense) Com­ (3) The class, serial number and ex­ be erased, obliterated, or willfully de­ mander supervises and coordinates air piration date of his license: Provided, stroyed within the required retention defense activities within an air defense That the information called for by sub- period. Any necessary correction may sector, including dissemination of warn­ paragraphs (2) and (3) of this paragraph, be made only by the persons originating ings, identification and security of air so long as it remains the same, need be the entry who shall strike out the errone­ traffic, and the utilization of available entered only once in the station record at ous portion, initial the correction made combat forces in support of the National any station where the responsible opera­ and indicate the date of the correction. Air Defense effort. tor is regularly employed on a full time (4) The CONELRAD Radio All Clear basis and at which his license is properly § 10.163 Retention of station records. Records required to be kept by this part is the Department of Defense order to posted. discontinue CONELRAD requirements as (c) For all base and fixed stations ex­ shall be retained by the licensee for a period of at least one year. imposed by an outstanding CONELRAD cept such stations which are authorized Radio Alert. It is initiated only by the to be operated at temporary locations or § 10.164 Emergency operation of mo­ Air Division (Defense) Commander or for unattended operation, the name or tile stations at fixed locations. During higher military authority. names of persons responsible for the an emergency requiring a local commu­ (5) As used in this section the term operation of the transmitting equipment nication center, any authorized mobile “licensee” means the holder of any form each day, together with the period of transmitter may be operated temporar­ of authority issued by the Federal Com­ their duty. Each such person shall sign, ily as a base station at a fixed location munications Commission pursuant to not initial, the record both when coming for a period not to exceed ten days. If which a radio station may be operated on and when going off duty. operation for a longer period is required, including construction permits, station (d) For stations in the special emer­ such operation must be specifically au­ licenses, temporary authorizations, etc. gency service a record showing the na­ thorized. (d ) Alerting. The licensee of a radio ture and time of each communication: § 10.165 Communication with other station in the Public Safety Radio Serv­ Provided, however, That such stations, stations. In those cases which require ices will be responsible for making pro­ when operated by communications com­ cooperation or coordination of activities, visions to receive the CONELRAD Radio mon carriers for line break bridging pur­ stations in the Public Safety Radio Serv­ Alert and for receiving the CONELRAD poses, need merely record the hours of ices may communicate with stations in Radio Alert. Public Safety Radio sys­ operation and the purpose for which other services and with U. S. Government tems comprised of one or more base and/ used. stations. or fixed stations with associated mobile (e) For stations whose antenna or an­ units may, if desired, be alerted at only § 10.166 CONELRAD rules for the tenna supporting structure is required one point, normally the control point Public Safety Radio Services— (a ) Scope to be illuminated, a record in accordance of the primary base station. The con­ with the following: and objective. (1) This section applies trol point receiving the Alert will be re­ to all radio stations in the Public Safety (1) The time the tower lights are sponsible for the dissemination of the Radio Services located within the Con­ turned, on and off each day if manually CONELRAD Radio Alert to all stations controlled. tinental U. S. and is for the purpose of integrated into the single radio system providing for the alerting and operation (2) The time the daily check of proper and insuring that all such associated sta­ operation of the tower lights was made. of radio stations in these services during tions execute CONELRAD requirements periods of air attack or imminent threat _X3) In the event of any observed or immediately. Base fixed or mobile sta­ thereof. The objective is to minimize otherwise known failure of a tower light: tions not directly receiving the the navigational aid that may be ob­ vi) Nature of such failure. CONELRAD Radio Alert must use cau­ tained by an enemy from the electro­ (ii) Date and time the failure was ob­ tion after an “out of service” period to magnetic radiations emanating from served, or otherwise noted. insure that a CONELRAD Radio Alert radio stations in the Public Safety Radio Jii) Date, time and nature of the is not in progress before making any Services while simultaneously providing adjustments, repairs, or replacements transmissions. Radio stations in the for continued radio service under con­ wat were made. Public Safety Radio Services will imme­ trolled conditions when such operation is (iv) Identification of Airways Com­ diately comply with CONELRAD rules essential to the public welfare. munication Station (CAA). notified of and regulations upon receipt of one or me failure of any code or rotating bea- (2) The Commission will release andmore of the following alerts: maintain a CONELRAD Manual which con light not corrected within thirty (1) initiation of CONELRAD plans by may be used by licensees in the Public jmnutes, and the date and time such Standard, FM and TV broadcast sta­ notice was given. Safety Radio Services as a guide in tions. selecting methods of alerting and oper­ ^ Date and time notice was given to (2) Receipt of a CONELRAD Radio ating radio stations in these services in Airways Communication Station Alert or Civil Defense Warning Yellow if order to effect compliance with the re­ 1„AA) that the required illumination no CONELRAD Radio Alert is issued, or was resumed, quirements of this section. Civil Defense Warning Red if neither a rJi-* Upon the completion of the pe- (b) General. All radio stations in the CONELRAD Radio Alert nor a Warning ?a»?cJnspect*on required at least once Public Safety Radio Services are re­ Yellow is issued, from a Civil Air Defense each three months: quired to provide for receiving the Radio Warning Network or extension thereof. ,pfie date of the inspection and Alert and to operate in accordance with (3) By other means, if so authorized ase« ce^dition of all tower lights and this section. by the Federal Communications Com­ associated tower lighting control devices, (c) Definitions. (1) T h e term mission. uicators and alarm systems. “CONELRAD” is a contraction of the (e) Operation during a CONELRAD (u) Any adjustments, replacements, words “Control of Electromagnetic Radi­ Radio Alert. Immediately upon receipt made to insure compliance ation” and is the general term applied to of a CONELRAD Radio Alert all radio data theLlighting requirements and the the controlled operation of radio facili­ stations in the Public Safety Radio Serv­ rp*ntSuck adjustments, replacements, or ties under the authority of Executive ices will operate in accordance with the fepairs were made. Order 10312 dated December 10, 1951. following limitations unless specifically (2) CONELRAD Radio Alert is thedirected otherwise by the Federal Com­ §10.162 Form of station records, (a)' term applied to the Military Warning munications Commission: inan«ecpr<*s s*laU b® kePt in an orderly that an air attack is probable or immi­ (1) No transmissions shall be made S a n d in such detail that the data nent which automatically orders the im­ « w e d are readily available. Key let- unless they are of extreme emergency mediate implementation of CONELRAD affecting the national safety or the &frmo0r abbreviations may be used if procedures for all radio stations. The safety of people and property. meaning or explanation is set CONELRAD Radio Alert is distinct from r°rth in the record. (2) Transmissions shall be as short as the military or Civil Air Defense W arn- possible. The station carrier shall be No. 242----- 3 10042 RULES AND REGULATIONS removed from the air during periods ol the expansion or extension of the radio j ' § 10.208 Report of operation. A re­ no message transmission. art, or is along lines not already port on the results of the developmental (3) No station identification shall beinvestigated; program shall be filed with and made a given either by announcement of PCC (4) The program will be conducted by part of each application for renewal of Assigned Call Signals or announcement qualified personnel; authorization, or in cases where no re­ of station location. If identification is (5) The applicant Is legally and finan­ newal is requested, such report shall be necessary to carry on the service, special cially qualified, and possesses adequate . filed within 60 days of the expiration of station or unit identifiers may be used in technical facilities for conduct of the such authorization. Matters which the accordance with § 10.152 ( b ) . program as proposed; and applicant does not wish to disclose pub­ (f) Special limitations. In addition to (6) The public interest, convenience, licly may be so labeled; they will be used limitations specified in this section, it or necessity will be served by the pro­ solely for the Commission’s information, may be necessary for the Commission to posed operation. and will not be publicly disclosed without require that some radio stations in the (b ) The provisions of paragraph (a) permission of the applicant. The. report Public Safety Radio Services remain of this section, do not apply when an shall include comprehensive and detailed silent or operate under special limita­ application is made for developmental information on the following: tions during the CONELRAD Radio operation solely for the reason that the (a ) The final objective. Alert. Such decision shall be made after frequency requested is restricted to such (b ) Results of operation to date. a special investigation and the specific developmental use. I (c) Analysis of the results obtained. station shall be notified if special limi­ (d) Copies of any published reports. § 10.203 Limitations on use. Stations tations are required. Special limitation (e) Need for continuation of the used for developmental operation shall requirements generally will be necessary program. be constructed and used in such a man­ for radio stations in the Public Safety ( f ) Number of hours of operation on ner as to conform with all of the tech­ Radio Services operating below 3200 kc. each frequency. nical and operating requirements of (g) All clear. At the conclusion of the Subparts C and D of this part, unless SUBPART F— POLICE RADIO SERVICE CONELRAD Radio Alert and when the deviation therefrom is specifically pro­ CONELRAD All Clear is issued, each § 10.251 Eligibility, (a ) Authoriza­ vided for in the station authorization. Standard, FM and TV broadcast station tions for stations in the Police Radio will broadcast an All Clear message. § 10.204 Frequencies available for as­ Service will be issued only to states, ter­ Radio stations in the Public Safety Radio signment. Stations engaged in develop­ ritories, possessions and other govern­ Services may resume normal operation mental operation may be authorized to mental subdivisions including counties, when the CONELRAD Radio All Clear use a frequency, or frequencies, available cities, towns and similar governmental message is transmitted by Standard, FM for the service in which they propose to entities. or TV broadcast stations unless other­ operate. The number of channels as­ (b) The eligibility set forth in para­ wise restricted by the Federal Communi­ signed will depend upon the specific re­ graph (a) of this section includes gov­ cations Commission. quirements of the developmental pro-* ernmental institutions in those cases (h) Alerting system test. Tests of the gram itself, and the number of where such institution is authorized by Public Safety Radio Services alerting frequencies available in the particular law to provide its own police protection. system may be conducted from time to area where the station will be operated. § 10.252 Permissible communications. time to insure proper compliance with § 10.205 Interference. All develop­ (a ) Stations in the Police Radio Service alerting requirements. mental operation shall be subject to the are primarily authorized to transmit: (i) CONELRAD operating plan tests. condition that no harmful interference is (1) Communications directly relating Tests of the Public Safety Radio Serv­ caused to the operation of stations li­ to public safety and the protection of ices CONELRAD operating plan may be censed on a regular basis under any part life or property. conducted whenever such tests are de­ of the Commission’s rules. (2) Communications essential to of­ termined to be necessary or desirable. ficial police activities. (j) Log entries. Appropriate records § 10.206 Special provisions, (a) The (b ) Stations in the Police Radio Serv­ of all CONELRAD tests and operation developmental program as described by ice are secondarily authorized to trans­ shall be maintained as a part of the log the applicant in the application for au­ mit communications essential to other of radio stations in the Public Safety thorization shall be substantially fol­ official activities of the licensee pertain­ Radio Services. lowed unless the Commission shall ing to the public safety. ‘otherwise direct. (k) Special operation. In certain § 10.253 Points of communication. cases the Commission may authorize (b ) Where some phases of the devel­ opmental program are not covered by (a) Police base stations are primarily specific stations to operate during a authorized to intercommunicate with CONELRAD Radio Alert in a manner general rules of the Commission and the rules in this part, the Commission may police mobile stations. Police mobile sta­ not covered by this section; provided, tions are primarily authorized to inter­ such operation is determined to be nec­ specify supplemental or additional re­ quirements or conditions in each case, as communicate with base and other police essary in the interest of National De­ mobile stations. fense or the public welfare. deemed necessary in the public interest, convenience, or necessity. (b) Police base and mobile stations are secondarily authorized to intercommunj* SUBPART E— DEVELOPMENTAL OPERATION (c) The Commission may, from time to time, require a station engaged in de­ cate with other stations in the Public § 10.201 Eligibility. An authorization Safety Radio Services and to transmit to for developmental operation in any of velopmental work to conduct special receivers at fixed locations provided tnw tests which are reasonable and desirable the services under this part will be issued no harmful interference will be causea only to those persons who are eligible to the authorized developmental to the service of any station transmitting program. to operate stations in such service on a to a point of communication for wbicn regular basis. § 10.207 Change or cancellation of au­ that station is primarily authorized. § 10.202 Shouting required, (a ) Ex­ thorization without hearing. Every ap­ (c) Police fixed stations are authonzeo cept as provided in paragraph (b ) of plication for authority to engage in to intercommunicate with other this section, each application for develop­ developmental operation shall be accom­ stations in the Public Safety Radio Sen- mental operation shall be accompanied panied by a statement signed by the ices and to transmit to receivers at vx™ by a showing that: applicant in which it is agreed that any locations. ( l ) The applicant has an organized authorization issued pursuant thereto (d) Police zone and interzone stations plan of development leading to a specific will be accepted with the express under­ are authorized to intercommunicate objective; standing of the applicant that it is sub­ accordance with the operating proceaur (2) A point has been reached in the ject to change in any of its terms or to prescribed by the Commission. Cop program where actual transmission by of such procedure are available for radio is essential to the further progress cancellation in its entirety at any time, thereof; upon reasonable notice but without a tribution to persons having a legitl®» (3) The program has reasonable hearing, if, in the opinion of the Com­ need therefor. Requests for cop promise of substantial contribution to mission. circumstances should so require. should be addressed to the Secretary. Saturday, D e ce m b e r 14, 1957. FEDERAL REGISTER 10043

Federal Communications Commission, in all bands shall be in the discretion of Washington, D. C. Frequency or the Commission. G lass o f s ta tlo n (s ) L im ita ­ b an d tion s § 10.254 Station limitations. (a ) (e) In addition to the frequepcies as­ signed for mobile service operation, one Mobile relay stations In the Police Radio M e. Service will be authorized only on fre­ base station frequency above 152 Me. may 39.18....______Base and m obile. ______be assigned as a common frequency to 39.22______quencies above 152 Me. and only where 39.26...... M o b ile . _ a showing of need can be made In ac­ all licensees in a particular area to per­ 39.30-______cordance with either or both of the fol­ mit. Intersystem communication between 39.34...... base stations or mobile stations or both. 39.38...... lowing conditions: 39.42...... B ase a n d m o b ile __ (1) Where a police radio system can­ This frequency use will not be authorized 39.46...... 16 in any area where all available frequen­ 39.50...... not function satisfactorily without com­ 39.54...... munication between mobile units over a cies are required for independent 39.58...... distance in excess of that which can be systems. 39.62...... 89.66...... M o b ile ______obtained by direct car-to-car communi­ (f) Control and repeater stations in 39.70...... cation. the Police Radio Service may be author­ 3 9 .7 4 ...... ized on a temporary basis to operate on 39.78...... (2) Where an Integrated system of 39.82...... radiocommunication is desirable between frequencies available for base and mobile 39.86...... stations above 152 Me., provided an ade­ 39.90...... two or more police licensees and where 39.94...... by the use of a mobile relay station, the quate showing is made why such opera­ 39.98...... integrated system provides an actual re­ tions cannot be conducted on frequencies 42.02...... 7.8 .13 allocated to the Operational Fixed Serv­ 42.06...... 7.8 .13 duction in the number of frequencies 42.10...... 7 .8 .13 needed in the area as compared to the ice. Such operation on base or mobile 42.14...... 7.8 .13 frequencies will not be authorized ini­ 42.18...... 7 .8 number of frequencies which would be 42.22...... 7.8 required if the same number of licensees tially nor renewed for periods in excess of 42.26...... 7 .8 operate separate systems. one year. Any such authorization shall 42.30...... 7 .8 42.34...... 7.8.13 (b) Subject to the provisions of be subject to Immediate termination if 42.38...... 7.8.13 910.154, communication units of a li­ harmful interference is caused to the 42.42...... 7.8 .13 Mobile Service, or if the particular fre­ 42.46...... 7.8.13 censed police mobile station may be in­ 42.50...... 7 .8 .13 stalled in any vehicle which in an emer­ quency is required for mobile service op­ 42.54...... 7.8 .13 erations in the area concerned. 42.58...... 7.8 .13 gency would require cooperation or co­ 42.62...... 7.8 .13 ordination with police activities. This (g) The following tabulation Indicates 4 2 .6 6 ...... M o b ile ______7 .8 provision includes fire department ve­ the frequency or bands of frequencies, 42.70...... 7 .8 42.74...... 7 .8 hicles, ambulances, emergency units of the class of station (s) to which they are 42.78...... 7.8 public utilities, lifeguard emergency units normally available and the specific as­ 42.82...... 7.8 .13 42.86...... 7.8 .13 and rural school buses. signment limitations, which are devel­ 42.90...... 7.8 .13 (c) Authorizations for interzone sta­ oped in paragraph (h) of this section. 42.94...... 7.8 .13 44.62...... 7.8 .13 tions in the Police Radio Service will not 44.66...... 7.8 .13 be issued for more than one station with­ Frequency or L im ita « 44.70...... 7.8 .13 Glass of stationfs) in a zone. A zone is normally considered b an d tion s 44.74...... 7.8.13 44.78...... 7.8 to be a single state. Any request for the 44.82...... 7 .8 rezoning of any state for the purpose of K c. 44.86...... 7.8 44.90...... providing more than one interzone sta­ 1610...... Base and mobile . 6.7 .12.1 3 7.8 1618______6.7.12.13 44.94...... 7.8.13 tion shall be accompanied by a showing 1626. — ____ 6.7.12.13 44.98...... 7.8.13 of need based either upon the volume of 1634.___ 6.7 .12.1 3 4 5 .0 2 ... ____ 7.8 .13 1642. _____ -. 6.7.12.13 45.06...... 7.8.13 traffic or upon the necessity for more ex­ 1650 - - 7.12.13 45.10...... peditious handling of traffic. In either 1658 7.12.13 45.14...... 1666 ...... 7.12.13 4518...... event such a request shall be accom­ 1674 ______. 7.12.13 4 5 .2 2 ...... panied by comments thereon from all 1682 ..... 7.12.13 45.26...... 45.30...... zone stations affected. 1690 _____ ... 6.7.12.13 1698— - __ - . 6.7.12.13 46.34...... 45.38...... S 10.255 Frequencies available to the 1706 ______6.7.12.13 1714 7.12.13 45.42...... Base and m obile ______Police Radio Service, (a) The frequen­ 1722 ... _ 7.12.13 45.46...... — d o _ ..... cies or bands of frequencies listed here­ 1730 ____ • 7.12.13 45.50...... 2326 -_ 6 .7 .12 45.54...... in are available for assignment to sta­ 2366 _____ — 6 .7 .12 45.58...... tions in the Police Radio Service subject 2382 -_ 7.12 45.62...... 2390_____ . ... . 6 .7 .12 45.66...... to the conditions and limitations of this 2406___ _ . . 7.12 45.70...... section. 2414 ______7.12 45.74...... Mobile...... 45.78...... i (b) The frequencies listed in this sec­ 2422. - ______7.12 2430 7.12 45.82...... tion for mobile stations may be author­ 2442 ______7.12 45.86...... 16 ised for use at base stations only after 2460 _ 7.12 45.90...... 2468 7.12 45.94...... coordination with other licensees in the 2466 ____ . . 7.12 45.98...... area is effected and subject to the con­ 2474 _ _ 7.12 46.02...... 2482 _ 7.12 72.02 to 74.58...... 3 dition that no harmful interference will 2490 _ . 7.12.13 75.42 to 75.98...... 3 ce caused to the service of any mobile 2804 — - .... ___ 9.12 154.65...... 154.71______station using the particular frequency, 2808 9.12 2812 9.12 164.77...... wddence of the required coordination 6136 , ______d o _ _ 9,12,15 154.83...... shall be submitted with any request for 6140 9.12 154.89...... 6196 9.10.12 154.95...... d o ______such use. 7480...... 9,11,12,14 155.01...... Base and mobile. m *c) Normally only one base and one 7806 ______— — d o __ l k 9.11.12 155.07...... 7936 ...... 9.11.12 155.13...... mobile station frequency will be assigned 155.19...... M a licensee for mobile service opera- Me. 155.25...... 37.02 ______M o b ile ______...... 155.31______wons. Additional frequencies may be 37.06...... B ase a n d m o b ile ______155.37...... assigned provided the request therefor 3 7 .1 0 _____ 165.43...... 37 14 dn _ r - - 155.49...... is adequately supported by a satisfactory 37.18 ______do. 1 5 5 .5 5 ...... showing of need. 37.22 ___ . 155.61...... 37.26 - í ______- ____ d o ______- ______155.67______The amount of separation between 37.30 ____ d o _ ^ , 155.73...... assignable frequencies listed In this sec- 37.34 --_ M n h ile .. _ ' — 155.79...... 37.38 ____ - 165.85______won does not necessarily indicate the 37.42 ______- _ 155.91...... fnr°^n*i °* frequency separation required 39.02___ - ______Base and mnhile 155.97...... °r systems operation; accordingly, 39.06 . ______do 17 156.03...... 39.10 -. 156.09...... g &hts of adjacent channel assignments 39.14...... 156.15...... 10044 RULES AND REGULATIONS (5) The use of this frequency may be emission on this frequency including any L im ita ­ operations conducted in accordance with Frequency or C lass o f sta tio n (s ) authorized to base and mobile stations b an d tio n s in the Police Radio Service on the con­ outstanding regional agreements and dition that no harmful interference will further subject to the condition that no M e. be caused to the Maritime Mobile Serv­ harmful interference is caused to the 5 ice. Police operations at points within service of any station, which in the dis- j s 150 miles of coastal areas and navigable cretion of the Commission may have ; 5 priority on the frequency with which . 5 gulfs, bays, rivers and lakes may be 5 authorized only after a factual finding interference results. 5 (16) This frequency is reserved for 5 indicates that, on an engineering basis, 6 no harmful interference will be caused assignment to stations in the Police Ra­ 5 to the Maritime Mobile Service. dio Service for intersystem operations (6) The use of this frequency is only: Provided, however, That licensees subject to the condition that no harmful holding a valid authorization to use this interference will be caused to the service frequency for local base or mobile oper­ of any Canadian station. ations as of June 1, 1956, may continue (7) This frequency is available for to be authorized for such use. assignment only in accordance with a (17) The maximum plate input power 4 to the final radio frequency stage of any 1 geographical assignment plan. 1 (8) This frequency is reserved pri­ transmitter authorized to operate on 1 this frequency, after June 1, 1956, shall 1 marily for assignment to state police li­ ‘ 1 censees. Assignment to other police not exceed three watts. Licensees hold­ 1 licensees will be made only where the ing a valid authorization as of June 1, 1 1956, for base or mobile station opera­ 4Jffi 75 . 1 frequency is required for coordinated op­ 1 eration with the state police system to tion on this frequency, with a power in 1 excess of three watts, may continue to 1 which the frequency is assigned. Any 1 request for such assignment must be sup­ be authorized for such operation with­ 458 25 1 ported by a statement from the state out regard to this power limitation. _ 458 35 _ 1 1 police system concerned indicating that (18) Continuous wave (cw) emission , 1 the assignment is necessary for coordi­ only may be employed. 1 1 nation of police activities. (19) Land radiopositioning stations 1 (9) This frequency is available for as­ and mobile radiopositioning stations, in­ 1 cluding speed measuring devices, may be Operational fixed ...... 1 ,2 signment to zone and interzone stations 1 in the Police Radio Service for use with authorized to use frequencies in the 1 band 2450-2500 Me on the condition that 1 type A1 emission only and a maximum harmful interference will not be caused 9 4 M tn 9..VK1 l ____ Base and mobile and 1 ,2 ,19 plate input power of 1000 watts to the operational fixed. final radio frequency stage of the trans­ to the fixed and mobile services. 9M0 th 9700 Operational fixed______1 1 mitter. SUBPART G — FIRE RADIO SERVICE 1 (10) This frequency is authorized for 1 § 10.301 Eligibility, (a) Authoriza­ 1,18 use as a calling frequency; however, the 1 transmission of operating signals or a tions for stations in the Fire Radio Serv­ 1 ice will be issued only to states, territor­ 1,2 single short radio telegram is permissible 1 provided no harmful interference will be ies, possessions and other governmental caused to any calling signals. subdivisions including counties, cities, (11) This frequency may be used only towns and similar governmental entities,

(c) Fire fixed stations are authorizedshall be subject to Immediate termina­ and particulars of operation specified in to intercommunicate with other fixed tion if harmful interference is caused to each authorization. stations in the Public Safety Radio Serv­ the Mobile Service or if the particular (2) Subject to no protection from in­ ices and to transmit to receivers at fixed frequency is required for mobile service terference due to the operation of indus­ locations. operations in the area concerned. trial, scientific, and medical devices in § 10.304 Station limitations* (a) Mo­ (f) The following tabulation indicatesthis band. bile relay stations in the Fire Radio Serv­ the frequency or bands of frequencies, (3) Assignable frequencies spaced by ice will be authorized only on frequencies the class of station (s) to which they are 40 kc beginning with the frequencies above 152 Me. and only where a showing normally available, and the speeific as­ 72.02 and 75.42 Me, and ending with the of need can be made in accordance with signment limitations, which are devel­ frequencies 74.58 and 75.98 Me respec­ ¡either or both of the following conditions : oped in paragraph (g) of this section: tively, are available on a shared basis T (1) Where a fire radio system cannot with other services only in accordance function satisfactorily without commu­ with the provisions of § 10.101 (c ). Frequency or Class o f station (s) L im ita ­ (4) Assignable frequencies spaced by nication between mobile units over a b an d tio n s distance in excess of that which can be 60 kc beginning with the frequency 159.51 (obtained by direct ear-to-car communi­ K c Me and ending with the frequency 161.79 cation. 1630...... 7 Me are available on a secondary basis, and upon a showing of need to stations (2) Where an integrated system of M e radiocommunication is desirable between 33.42...... 6 in the Public Safety Radio Services, ex­ 33.46...... M obile...... cept that in Puerto Rico and the Virgin two or more fire licensees and where, by 33.50...... the use of a mobile relay station, the 33.54...... Islands the available frequencies are re­ integrated system provides an actual re­ 33.58...... stricted to those within the band 160.05 33.62...... ____ d o ...... Me to 161.37 Me. Any operation in the duction in the number of frequencies 33.66...... d o ...... (needed in the area as compared to the 33.70...... Base and mobile Public Safety Radio Services in the band 33.74...... 159.51 Me through 161.79 Me is subject number of frequencies which would be 33.78...... required if the sanie number of licensees 3 3 .82...... to the condition that no harmful in­ 33.86...... terference is caused to the service of operate separate systems. 33.90...... I (b) Subject to the provisions of 33.94...... any existing or future station in the 110.154 communication units of a li­ 33.98...... Railroad Radio Service. 46.06...... censed fire mobile station may be in­ 46.10...... (5) This frequency may be assigned to stalled in emergency vehicles, other than 46.14...... stations in the Fire Radio Service, only Pre department vehicles, which may be 46.18...... at points within 150 miles of New York. 46.22...... Mobile. _ . N. Y. [alerted during a fire emergency. This 46.26...... 46.30...... 6 (6) The maximum plate power input provision includes emergency units of 4634...... M o b ile ¡public utilities and water departments. 46.38...... to the final radio frequency stage of any 46.42...... transmitter authorized to operate on this 10.305 Frequencies available to the 46.46...... frequency shall not exceed 3 watts. r “® Radio Service, (a ) The frequencies 46.50...... 72.02 to 74.58_____ 3 (7) This frequency may be subject to or bands of frequencies listed in this sec- 75.42 to 75.98_____ 3 change when the Atlantic City table of jtion are available for assignment to sta­ 153.77...... 153.83...... 6 frequency allocations below 27.50 Me. tions in the Fire Radio Service subject to 153.89...... comes into force. ine conditions and limitations of this 153.95...... (8) This frequency is not available for section. 15431...... 154.07...... 8 assignment to stations in the Fire Radio bJu* '^le frequencies listed in this 154.13...... g Service at any location in Puerto Rico or section for mobile stations may be au­ 154.19...... 8 the Virgin Islands. 154.25...... 8 thorized for use at base stations only 154.31____. i 8v. (9) Continuous wave (cw) emission Nn tu C F(Hna'tion with other licensees 15437 ______8 00 1 5 4 .4 3 ....______g only may be employed. areais effected and subject to the 159.51 to 161.79... _ 4 (10) Land radiopositioning stations Fwattion that no harmful interference 166.25...... 5 170.15...... 5 and mobile radiopositioning stations, in­ | ui be caused to the service of any mo- 453.05...... 1 cluding speed measuring devices, may n,,! ^tlon using the particular fre- 453.15______1 be authorized to use frequencies in the Evidence of the required coor- 453.25...... 1 453.35...... 1 band 2450-2500 Me on the condition that ®®Mion shall be submitted with any 453,45...... 1 harmful interference will not be caused 'request for such use. 453.55...... 1 453.65...... 1 to the fixed and mobile services. - 5.. Normally, only one base and one 453.75...... 1 one station frequency will be assigned 453.85...... 1 SUBPART H— FORESTRY-CONSERVATION 453.95______1 RADIO SERVICE L & ,nsee mobile service opera­ 458.05...... Mobile.... _ _ i tor“* Additional frequencies may be 458.15...... 1 § 10.351 Eligibility, (a) Authoriza­ 458.25...... I tions for stations in the Forestry-Con­ .prov*ded the request therefor is 458.35...... 1 IshrttH e y supported by a satisfactory 458.45...... i servation Radio Service will be "issued towing of need. 458.55...... 1 only to states, territories, possessions and 458.65...... i L J amount of separation between 458.75______1 other governmental subdivisions includ­ tiorwi e frequencies listed in this sec- 458.85...... i ing counties, cities, towns and similar i amnim?6®* P0* necessarily indicate the 458,95...... governmental entities and persons or or­ 890-940 . 1 ,3 for 7 T T irele for base and mobile 12200 to 12700 1 request. 16000 to 18000...... 1 Î quateMate ,t , Z 152 Mc-* Mc-. Providedprovided ana ade­ 26000 to 30000...... 1 5 10.352 Permissible communications. tioQ ma

(b ) Communications essential to of­base or mobile frequencies will not be frequency or C lass o f s ta tio n (s ) Limita­ ficial forestry-conservation activities. authorized initially nor renewed for pe­ b an d tions riods in excess of one year. Any such § 10.353 Points of communication. authorization shall be subject to imme­ M e. (a) Forestry-Conservation base stations diate termination if harmful interference are primarily authorized to intercom­ 2500 to 2700...... Operational fixed ______1 is caused to the Mobile Service or if the 3500 to 3700...... Base and m obile...... 1 municate with forestry-conservation particular frequency is required for mo­ 6425 to 6575 __ 1 mobile stations. Forestry-conservation 6575 to 6875...... Operational fixed...... 1 bile service operations in the area con­ 10500 to 10550...... Radiolocation ...... 1,16 mobile stations are primarily authorized Base and m obile ...... 1 cerned. 11700 to 1 2 2 0 0 -... to intercommunicate with base and other 12200 to 12700...... Operational fixed ...... 1 (d ) The following tabulation indicates16000 to 1ROOO 1,2 forestry-conservation mobile stations. the frequency or bands of frequencies, 26000 t.0 30000 1 (b) Forestry-Conservation base and the class of stations to which they are mobile stations are secondarily author­ normally available, and the specific as­ ized to intercommunicate with other sta­ 919 Base and m o b ile...... — 6,12 terference due to the operation of indus­ (c) Forestry-Conservation fixed sta­ 2226 6,12 tions are authorized to intercommunicate 2236 d o ______6,12 trial, scientific, and medical devices in with other fixed stations in the Public 2244 6,12 this band. Safety Radio Services and to transmit to Me. (3) Assignable frequencies spaced by receivers at fixed locations. 30 36 11 40 kc beginning with the frequencies 30 00 11 72.02 and 75.42 Me, and ending with the § 10.354 Station limitations, (a ) Mo­ 30.04 11 30 03 11 frequencies 74.58 and 75.98 Me, respec­ bile relay stations in the Forestry-Con­ 31.02 11 tively, are available on a shared basis servation Radio Service will be author­ 31 06 . 7.9.10.11 31.10 7.9.10.11 With other services only in accordance ized only on frequencies above 152 mega­ 31.14 7.9.10.11 with the provisions of § 10.101 (c). cycles and only where a showing of need 31.18 __ 7.9 .10 31.22.__ 7.9 .10 (4) Assignable frequencies spaced by can be made in accordance with either 31.26.__ 7.9 .10 60 kc beginning with the frequency 159.51 or both of the following conditions: 3 1 ,3 0 ...... 7.9 .10 .3 1 .3 4 --. 7 ,9 ,ia Me and ending with the frequency 161.79 (1) Where a forestry-conservation 31.38 . . 7 .9 .10 Me are available on a secondary basis, radio system cannot function satisfac­ 31.42 _ 7.9 .10 and upon a showing of need to stations torily without communication between 31.46 ______7.9 .10 31.50 ._ 7.9 .10 in the Public Safety Radio Services, ex­ mobile units over ¡a distance in excess of 31.54 _ 7 .9 .10 cept that in Puerto Rico and the Virgin that which can be obtained by direct car- 31.58 __ 7.9 .10 31.62-r . 7.9 .10 Islands the available frequencies are re­ to-car communication. 3 1 .6 6 .-- 7.9 .10 stricted to those within the band 160.05 (2) Where an integrated system of 3 1 .7 0 .-- 7.9 .10 Me to 161.37 Me. Any operation in the radiocommunication is desirable between 31.74 --- 7.9 .10 31.78 7 .9 .10 Public Safety Radio Services in the band two or more forestry-conservation li­ 31.82 . . 7.9 .10 159.51 Me through 161.79 Me is subject censees and where by the use of a mobile 31.86 _ 7.9 .10 3 1 .9 0 ... 7.9 .10 to thq condition that no harmful inter­ relay station, the integrated system pro­ 31.04 7.9 .10 ference is caused to the service of any 7.9 .10 vides an actual reduction in the number 31.08 existing or future station in the Rail­ of frequencies needed in the area as com­ 46.54 4Ç.58 road Radio Service. pared to the number of frequencies which 46 62 (5) The use of this frequency may he would be required if the same number 46.66 46.70 authorized to base and mobile stations of licensees operate separate systems. 46.74 _ in the Forestry Conservation Rs®1® (b) Subject to the provisions of § 10.154 46.78 46.82 Service on the condition that no harmful communications units of a licensed for­ 72 02 to 74.58 ____ 3 interference will be caused to the Man- estry-conservation mobile station may 75 4.9, to 75.98 _ 3 156.87 __ 6 time Mobile Service. Forestry-Conser­ be installed in vehicles of forestry coop- 156.03 _ 6 vation operations at points within w eratorsr or other persons having a di­ 150 27 miles of coastal areas and navigani rect responsibility in the prevention, de­ 150 33 150 39 gulfs, bays, rivers and lakes m a y be au­ tection and suppression of forest fires. 150 45 150 51 to 161.79___ 4 thorized only, after a factual fmd“ ® § 10.355 Frequencies available to the 170.425 _ 8,10,14 indicates that, on an engineering has , Forestry-Conservation Radio Service. 170.475___ 8.10.13 no harmful interference will be caus 170.575 __ 8.10.14 (a) The frequencies or bands of frequen­ 171.425. __ 8.10.13 to the Maritime Mobile Service. cies listed in this section are available for 171.475. __ 10.14.15 ( 6) The use of this frequency is su®' 171.575. __ 8.10.13 assignment to stations in the Forestry- 172.225. 8.10.14 ject to the condition that no harmi Conservation Radio Service subject to 172.275___ 10.13.15 interference will be caused to the servi 172 375 8.10.14 the conditions and limitations of this 453.05 1 of any Canadian station. . . section. 453 15 1 (7) This frequency is available (b) The amount of separation between 453.25— ...... d o ____ ;______1 assignment only in accordance with 453 35 . 1 assignable frequencies listed in this sec­ 453 45 _ . 1 geographical assignment plan. . tion does not necessarily indicate the 453.55.« 1 ( 8) This frequency will be assign amount of frequency separation required 453 65 _ 1 453.75.— 1 only to licensees directly responsible for systems operation; accordingly, 453.85 -_ 1 the prevention, detection, and supp grants of adjacent channel assignments 453.05 __ 1 458.05 1 sion of forest fires, subject to c .« in all bands shall be in the discretion of 45815 __ 1 the Commission. 458.25 __ l dition that no harmful interferenc ^ 458 35 _ i Vta nonoorl tn fh o RPrVlfifi Of 3*^ (c) Control and repeater stations in 458.45 __ 1 the Forestry-Conservation Radio Service 458.55 _ . 1 Government station. . 458.65 ._ 1 may be authorized on a temporary basis AfiR 7K ...... d o ______1 (9) This frequency may be useci to operate on frequencies available for 458.85 __ i conservation activities upon the base and mobile stations above 152 Me., 458.05 1 890 to 040 __ 1 ,2 tion that no harmful interfeyen. provided an adequate showing is made 052 to 060 _ 1 be caused to the service of any why such operation cannot be conducted 1850 to 1990-...... 1 9110 to 9900 1 using the frequency for forest nr on frequencies allocated to the Opera­ 2450 to 2500 I Base and mobile and 1 ,2 ,1 7 vention» detection and suppressi tional Fixed Service. Such operation on l operational fixed. Saturday, D e ce m b e r 14, 1957 FEDERAL REGISTER 10047

(10) Thfis frequency is reserved pri­ of communication for which that sta­ tional Fixed Service. Such operation on marily for assignment to state licensees. tion is primarily authorized. base or mobile frequencies will not be Assignments to other licensees will be (e) Highway Maintenance fixed sta­authorized initially, nor renewed for pe­ made only where the frequency is re­ tions are authorized to intercommunicate riods in excess of one year. Any such quired for coordinated operation with the with other fixed stations in the Public authorization shall be subject to imme­ state system to which the frequency is Safety Radio Services and to transmit diate termination if harmful interference .assigned. Any request for such assign­ to receivers at fixed locations. is caused to the mobile service or if the ment must be supported by a statement particular frequency is required for mo­ from the state system concerned, indi­ S 10.404 Station limitations, (a) Mo­ bile relay stations in the Highway Main­ bile service operations in the area con­ cating that the assignment is neces­ cerned. sary for coordination of activities. tenance Radio Service will be authorized only on frequencies above 152 megacycles (e) The following tabulation indicates (11) This frequency is shared with the frequency or bands of frequencies, the Motor Carrier Radio Service. and only where a showing of need can be made in accordance with either or the class of station (s) to which they are (12) This frequency may be subject normally available, and the specific as­ to ehange when the Atlantic City table both of the following conditions: (1) Where a Highway Maintenance signment limitations, which are devel­ of frequency allocations below 27.50 Me. oped in paragraph (f) of this section: comes into force. radio system cannot function satisfac­ (13) This frequency will be assigned torily without communication between or for use only in areas east of the Missis­ mobile units over a distance in excess of Class of station(s) Limita­ tions sippi River. that which can be obtained by direct (14) This frequency will be assigned car-to-car communication. (2 ) Where an integrated system of for use only in areas west of the Missis­ 33.02-______. _ Base and mnhile . 6 sippi River. radio-communication is desirable be­ 33.06______6 tween two or more Highway Maintenance 33.10...... 6 (15) In addition to agencies respon­ 37.90...... 6 sible for forest fire prevention, detection licensees and where by the use of a mo­ 37.94______6 and suppression, this frequency may be bile relay station, the integrated system 37'.98______6 provides an actual reduction in the num­ 46.86...... 7.8 assigned' to conservation agencies which 46.90______7 .8 do not have forest fire responsibilities: ber of frequencies needed in the area as 46.94______7 .8 compared to the number of frequencies 46.98...... 7 .8 Provided, That such assignment is neces­ 47.02— ______which would be required if the same 7 .8 sary to permit mobile relay operation 47.06______7.8 number of licensees operate separate 47.10...... by such agencies: And provided, That 7 .8 systems. 47.14...... 7.8 such operation will cause no harmful 47.18______7.8 (b ) Subject to the provisions of 47.22...... interference to any U. S. Government 7.8 § 10.154, communication units of a li­ 47.26...... 7 .8 station. 47.30...... 7 .8 censed Highway Maintenance mobile 47.34______(16) Continuous wave (cw) emission 7 .8 station may be installed in vehicles of 47.38...... 7 .8 only may be employed. 72.02to 74.68...... contractors or other persons having a 3 (17) Land radiopositioning stations 75.42 to 76.98...... 3 direct responsibility for maintenance, su­ 156.99...... 6 and mobile radiopositioning stations, in­ pervision or operation of public highways. 157.05...... 9 cluding speed measuring devices, may be 157.11______- 9 (c) Each operator of a station in the 157.29...... authorized to use frequencies in the band S Highway Maintenance Radio Service 1 5 7 .3 6 ...... 5 2450-2500 Me on the condition that 157.41...... 5 when employing a frequency shared with harmful interference will not be caused 159.51 to 161.79 . . 4 the Special Emergency Radio Service 453.05...... 1 to the fixed and mobile services. 453.15...... 1 and designated by limitation note 6 in 453.25______1 SUBPART I— HIGHWAY MAINTENANCE RADIO § 10.405 (e) shall listen on the licensed 453.35...... 1 453.45...... SERVICE frequency of the station prior to trans­ 1 453.55- _ _ __ 1 §10.401 Eligibility. Authorizations mitting and shall not transmit until it 453.65...... d o ...... 1 has been reasonably determined that 453.75...... ____ d o ______1 for stations in the Highway Maintenance 453.85...... d o ___ , 1 Radio Service will be Issued only to states, harmful interference will not be caused 453.95...... 1 to any authorized communication in 4 5 8 .0 6 - ______1 territories, possessions, and other govern­ 458.15...... 1 mental subdivisions including counties, progress on the frequency. 458.25 _ _ - 1 468.35...... 1 cities, towns and similar governmental § 10.405 Frequencies available to the 458.45______1 entities. Highway Maintenance Radio Service. 458.55...... 1 458.65...... 1 § 10.402 Permissible communications. (a) The frequencies or bands of fre­ 458.76...... ____ d o ______1 quencies listed in this section are avail­ 458.86______1 stations in the Highway Maintenance 458.95...... 1 Radio Service are authorized to able for assignment to stations in the 890-940...... 1,2 transmit: Highway Maintenance Radio Service 952 to 960...... 1 subject to the conditions and limitations 1850 to 1990...... ___ d o ______1 (a) Communications directly relating 2110 to 2200...... d o ______1 to public safety and the protection of life of this section. 2450 to 2500 B a se a n d m o b ile an d o p er- 1,2,11 (b) The amount of separation between tlonal fixed. °r property. 2500 to 2700...... 1 (b) Communications essential to offi­ assignable frequencies listed in this sec­ 3500 to 3700...... 1 tion does not necessarily indicate the 6425 to 6575______1 cial activities directly relating to the 6575 to 6875...... 1 maintenance, supervision and operation amount of frequency separation required 10500 to 1 0 5 5 0 ..... Radiolocation 1,10 °f Public highways. for systems operation; accordingly, 11700 to 12200____ 1 grants of adjacent channel assignments 12200 to 12700 . . Operational fixed ______1 16000 to 18000...... 1,2 fai » * 03 Points of communication. In all bands shall be in the discretion of 26000 to 30000- . 1 ai*! “ . way Maintenance base stations the Commission. mil PrunarUy authorized to intercom- (c) Normally, not more than two fre­ (f ) Explanation of assignment limita- înT"®a^e with .Highway Maintenance quencies will be assigned to a licensee for ttons appearing in the frequency tabula­ ninhn s^a^ ons* Highway Maintenance mobile service operations. Additional tion of paragraph (e) of this section: tn statiGns are primarily authorized frequencies may be assigned provided the Cl) Limited to developmental opera­ gmtercommunicate with base and other request therefor is adequately supported tion only with the assigned frequency fM tr. ^ a*nt;enance mobile stations. by a satisfactory showing of need. and particulars of operation specified in DmKn Highway Maintenance base and (d ) Control and repeater stations in each authorization. izprt* statIons are secondarily author- the Highway Maintenance Radio Service (2) Subject to no protection from in­ sto« t0 intercommunicate with other may be authorized on a temporary basis terference due to the operation of indus­ the Pnt»110 Safety Radio Serv­ to operate on frequencies available for trial, scientific, and medical devices in ing *° transmit to receivers at fixed base and mobile stations above 152 Me., this band. terfo!°ns provi

(d) Permissible communications. Ex­fled location or at any temporary loca­ censee of a similar station at another cept for test transmissions as permitted tion within a specified area. In the location or may obtain communication by § 10.151 (e) stations licensed to per­ latter case the area of désired operation service under a mutual agreement from sons or organizations operating beach must be specified by the applicant. the licensee of any station in the Public patrols may be used only for the trans­ (d) Permissible communications. Ex­Safety Radio Services or any other sta­ mission of messages pertaining to the cept for test transmission as permitted tion which is authorized to communi­ safety of life or property. by § 10.151 (e), stations licénsed for com­ cate with the special emergency fixed munication circuit standby facilities station. § 10.456 School buses— (a) Eligibil­ may be used only during periods when § 10.459 Emergency repair of public ity. Persons or organizations operating the normal circuits are inoperative due school buses having regular routes into communications facilities— (a) Eligibil­ to circumstances beyond the control of ity. Communications common carriers rural areas are eligible in this service. the user. During such periods the radio (b) Eligibility showing. The initial are eligible in this service for radio facil­ facilities may be used to transmit any ities to be used in effecting expeditious application from a person or organiza­ communication which would normally tion operating a school bus service shall repairs to interruptions of public com­ be carried by the regular circuits. be accompanied by a statement describ­ munications facilities where such,. in­ ing the radio communication facilities § 10.458 Establishments in isolated terruptions have resulted in disabling desired. The statement shall also indi­ areas— (a) Eligibility. Persons or or­ intercity circuits or service to a multi­ cate the school or schools being served ganizations maintaining establishments plicity of subscribers in a general area. and describe the area in which the* serv­ in isolated areas where public communi­ (b) Eligibility showing. The initial ice is operated. If the applicant is not cation facilities are not available and application from a communications a government sub-division the state­ where the use of radio is the only feasible common carrier under the provisions of ment shall indicate the authority under means of establishing communication this section shall be accompanied by a which the school buses are being oper­ with a center of population, or other statement describing the radio com­ ated and the tenure of any contractual point from which emergency assistance munication facilities desired and the agreement in effect. might be obtained if needed, are eligible proposed method of use under such (c) Class and number of stations in this service. emergency conditions as the applicant available. Each school bus operator . (b) Eligibility showing. The initial expects to arise. The statement shall normally may be authorized to operate application requesting a station authori­ also clearly indicate the number and riot more than one base station and a zation for an establishment in an iso­ classes of stations required in the pro­ number of mobile units not in excess of lated area shall be accompanied by a posed operation. the total of the number of buses and statement describing the radio commu­ (c) Class and number of stations maintenance vehicles regularly engaged nication facilities desired, the applicant’s available. Eligibles in this category in the school bus operation. Additional need therefor, and the proposed method may be authorized to operate base, mo­ base stations or mobile units will be au­ of operation, including the location, class bile and fixed stations. The number of thorized only in exceptional circum­ of station and name of licensee of the such stations requested shall be fully stances when the applicant can show a station with which communication is justified in the eligibility showing. specific need therefor. requested. The statement shall also (d) Permissible communications. Ex­ (d) Permissible communications. Ex­ describe the status of public communica­ cept for test transmissions as permitted cept for test transmissions as permitted tion facilities in the area of the appli­ by § 10.151 (e) stations authorized under by §10.151 (e), stations licensed to cant’s establishment and indicate the the eligibility provisions of this section school bus operators may be used only results of any attempts the applicant may be used only, when no other means for the transmission of messages per­ may have made to obtain public com­ of communication is readily available, taining to the safety of life or property munication service. In the event radio for the transmission of messages relating or urgent messages relating to buses communications service is to be fur­ to the safety of life and property and which have become inoperative on reg­ nished the proposed station by another messages which are necessary for the ular runs. station which is not licensed to the ap­ efficient restoration of the public com­ § 10.457 Communication standby fa­ plicant, a statement shall be submitted munication facilities which have been cilities— (a) Eligibility. Persons or or­ from the licensee of the station involved disrupted. indicating that the proposed service will ganizations operating communication § 10.460 Points of communication. be rendered. circuits are eligible for standby radio (a) Special emergency base stations are (c) Class and number of stations facilities in this service: Provided, That primarily authorized to intercommuni­ available. Persons or organizations in the applicant can qualify under either cate with special emergency mobile this category may be authorized to oper­ of the following conditions: stations. Special emergency mobile (1) The applicant is a communica­ ate not more than one fixed station at any isolated establishment and in addi­ stations are primarily authorized to tions common carrier. intercommunicate with base and other (2) The applicant is a person or or­ tion not more than one fixed station in a center of population. special emergency mobile stations. ganization operating communications (b ) Special emergency base and mo­ circuits which normally carry essential (d) Permissible communications. Ex­ cept for test transmissions as permitted bile stations are secondarily authorized communications of such a nature that to intercommunicate with other stations any disruption thereof will endanger life by § 10.151 (e ), stations licensed for use at establishments in isolated areas may in the Public Safety Radio Services and or public property. to transmit to receivers at fixed loca­ (b) Eligibility showing. The initial be used only during an actual or im­ pending. emergency endangering life, tions: Provided, That no harmful inter­ application from an eligible in this cate­ ference will be caused to the service of gory proposing to operate a radio health or property for the transmission of essential communications arising any station transmitting to a point of standby facility for other normal com­ communication for which that station munication circuits shall be accom­ from the emergency. The transmission of routine or non-emergency communi­ is primarily authorized. panied by a statement describing the i d Special emergency fixed stations radio communication facilities desired cations is strictly prohibited. (e) Communication service rendered are authorized to intercommunicate and the proposed method of operation. with other stations in the Public Safety When appropriate, the statement shall and received. (1) The licensee of a fixed station at an establishment in an iso­ Radio Services and to transmit to re­ include a description of the messages ceivers at fixed locations. Such sta­ normally being carried and explain how lated area shall make the communi­ cation facilities of such station available tions are also authorized to intercom­ a disruption thereof will endanger life municate with any other station which or public property. at no charge to any person desiring the transmission of any communication per­ is authorized to communicate with the (c) Class and number of stations special emergency fixed station., available. Eligibles in this category may mitted by paragraph (d) of this section. be authorized to operate an unlimited (2) For the purpose of providing the § 10.461 Station limitations, (a) number of fixed stations as standby radio communications link desired the licensee Mobile relay stations will not be author­ facilities. Any such fixed station may be of a fixed station at an establishment in ized im the Special Emergency Radio licensed for operation either at a speci- an Isolated area either may be the li- Service. No. 242— -4 10050 RULES AND REGULATIONS

(b) Except for fixed stations opérât- Radio Service at any point within 150 Frequency or L im ita ­ lng on frequencies assigned under the Class of statIon(s) b a n d tio n s miles of Chicago, Illinois. provisions of limitation note 9 of (9) Appropriate frequencies in the § 10.462 (f ), each operator of a station band 2000-3000 kilocycles which are in the Special Emergency Radio Service M e. 453.65______Base and m obile.. _ . 1 designated in Part 8 of this chapter as shall listen on the licensed frequency of 458.75...... Ï available to Public Ship Stations for the station prior to transmitting and 453.85 _ % 453.95...... 1 telephone communication with Public shall not transmit until it has been rea­ 458.05...... M o b ile ______. . . 1 Coast Stations may be assigned on a sonably determined that harmful inter­ 458.15...... i 458.25 ...... I secondary basis to special emergency ference will not be caused to any 458.35______I fixed stations for communication with authorized communication in progress 458.45...... _ d o __ 1 Public Coast Stations only, provided on the frequency. 4 5 8 .5 5 ... _____ I 458.65______1 sueh stations are located in the United (c) Where a radio station authoriza­ 4 5 8 .7 5 ...... 1 States and the following conditions are tion in the Special Emergency Radio 458.85...... t 458.95...... 1 met: Service is held by a person or organiza­ 890 to 940 . 1 ,2 (i) That such fixed station is estab­ tion engaging in activities beyond the t o 960 1952 1850 to 1990...... 1 lished pursuant to the eligibility pro­ scope of those indicated in the eligibility 2110 to 2200...... 1 visions of § 10.458 and that the isolated provisions of this service the operation 2450 to 2500...... Base and mobile and 1 ,2 ,14 area involved is an island or other loca­ of such station shall be strictly confined operational fixed. 2500 to 2700...... 1 tion not more than 300 statute miles to those activities on which the eligi­ 3500 to 3 7 0 0 ...... 1 removed from the desired point of com­ bility was established except for mes­ 6425 to 6575 Ì 6575 to 6875...... 1 munication and isolated from that point sages relating to the safety of life. 10500 to 10550____ Radiolocation .. 1 ,1 3 by water. 11.700 t o 1 2 ,2 0 0 ... B a se an d m o b ile __ 1 § 19.462 Frequencies available to the 12,200 to 1 2 Ì7 0 0 ... Operational fixed...... 1 (ii) That evidence is submitted show­ Special Emergency Radio Service, (a ) 16,000 to 1 8 ,0 0 0 ... 1 ,2 ing that an arrangement has been made The frequencies or bands of frequencies 26,000 to 30Ì000___ d o 1 with the coast station licensee for the listed herein are available for assignment handling of emergency communications to stations in the Special Emergency (f > Explanation of assignment limita­ permitted by § 7.302 (b) of this chapter Radio Service subject to the conditions tions appearing in the frequency tabu­ and § 10.458 (d ). and limitations of this section. lation of paragraph (e) of this section: (iii) That operation of the special (b) The amount of separation be­ (1> Limited to developmental opera­ emergency fixed station shall at no time tween assignable frequencies listed in tion only with assigned frequency and conflict with any provision of Part 8 of this section does not necessarily indicate particulars of operation specified in this chapter and further, that such the amount of frequency separation each authorization. operation in general shall conform to required for systems operation; accord­ (2) Subject to no protection from in­ the practices employed by Public Ship ingly, grants of adjacent channel assign­ terference due to the operation of in­ Stations for radiotelephone communi­ ments in all bands shall be in the dis­ dustrial, scientific and medical devices cation with the same Public Coast Station. cretion of the Commission. in this band. (10) This frequency is shared with (c) The operation of mobile systems in (3) Assignable frequencies spaced by the State Guard Radio Service. the Special Emergency Radio Service will 40 he beginning with the frequencies be restricted to the use of only one fre­ 72.02 and 75.42 Me, and ending with the ( I l l This frequency will not be as­ signed to stations in the Special Emer­ quency per system. frequencies 74.58 and 75.98 Me, respec­ Cd) Frequencies indicated normally tively, are available on a shared basis gency Radio Service at any location in for base and mobile stations in the with other services only in accordance Puerto Rico or the Virgin Islands. Special Emergency Radio Service will be with the provisions of § 10.101 (c ). (12) The provisions of limitation note 4 of this paragraph notwithstanding, authorized to fixed stations also subject (4) Assignable frequencies spaced by stations in the Special Emergency Radio to the condition that harmful interfer­ 60 kc beginning with the frequency 159.51 Service located in Puerto Rico or the ence will not be caused to the mobile Me and ending with the frequency 161.79 Virgin Islands and first authorized to use service. Me are available on a secondary basis, frequencies 159.57, 161.67 and 161.79 Me (e) The following tabulation indicatesand upon a showing of need to stations prior to September 12, 1955, may con­ the frequency or bands of frequencies, in the Public Safety Radio Services, ex­ tinue to be authorized for such use pro­ the class of station(s) to which they are cept that in Puerto Rico and the Virgin vided no harmful interference is caused normally available, and the specific as­ Islands the available frequencies are re­ to the service of any station operating in signment limitations, which are devel­ stricted to those within the band 160.05 accordance with the Commission’s Table oped in paragraph (f ) of this section: Me to 161.37 Me. Any operation in the of Frequency Allocations. Public Safety Radio Services in the hand (13) Continuous wave (cw) emission Frequency or L im ita ­ 159.51 Me through 161.79 Me is subject to bau d C lass o f s ta tio n (s ) only may be employed. tion s the condition that no harmful interfer­ (14) Land radiopositioning stations ence is caused to the service of any exist­ and mobile radiopositioning stations, in­ K c. ing or future station in the Railroad 2000 to 3000...... F ix e d ______9 cluding speed measuring devices, may be 272fi______Base and mnhile Radio Service. 10 authorized to use frequencies in the band 3201______(5) The use of this frequency may be 2450-2500 Me on the condition that Me. authorized to base and mobile stations harmful interference will not be caused 3 3 .0 2 ...... 6 in the Special Emergency Radio Service 33.06...... 6 to the fixed and mobile services. 33.10...... 6 on the condition that no harmful inter­ 37.90...... 6 ference will be caused to the Maritime SUBPART K— STATE GUARD RADIO SERVICE 37.94...... 6 Mobile Service. Special emergency op­ 37.98...... 6 § 10.501 Eligibility, (a) Authoriza­ 47.42...... _ 7 erations at points within 150 miles of tions for stations in the State Guard 47.46______coastal areas and navigable gulfs, bays, 47.50...... Radio Service will be issued only to the 47.54...... rivers, and lakes may be authorized only official state guard or comparable or­ 47.58 ______after a factual finding indicates that, on 4 7 .6 2 ....______ganization of a state, territory, posses­ 47.66...... ah engineering basis, no harmful inter­ sion, or the District of Columbia and 72.02 to 74.58...... Operational fixed , , 3 férence will be caused to the Maritime only where such organization has been 75.42 to 75.98...... 3 Mobile Service. 157.47...... 5 .8 duly created by law and is completely 159.51 to 1 6 1 .7 9 ... 4 ,1 2 (6) This frequency is shared with the subject to the control of the Governor, 161.85...... 5,8 ,11 Highway Maintenance Radio Service. 161.91...... 5 .8 or highest official of the creating govern­ 161,97...... 5 .8 <7) This frequency is reserved for as­ mental entity. 453.05...... 1 signment only to National organizations 4 5 3 .1 5 ...__ * ...... 1 (b) To facilitate a determination of 453.25...... 1 established for disaster relief purposes. eligibility, the first application from each 453.35...... 1 ( ) This frequency will not be assigned 453.45...... 1 8 organization for a new station in the 453.55...... 1 to stations in the Special Emergency State Guard Radio Service shall be ac- S a tu rd a y , D e ce m b e r 14, 1957 FEDERAL REGISTER 10051 companied by a statement citing the in using the selected frequency in the The order to cease and desist, as modi­ statute, executive order, or other legal particular area. fied, is as follows: authority under which the guard was (c) The frequencies indicated in para­ It is ordered, That respondent W il­ created and definitely indicating whether graphs (a) and (b) of this section will liam T. Loesch, an individual doing or not the guard is under the absolute also be assigned to fixed stations in the business as Loesch Hair Experts, or under authority of the Governor or highest State Guard Radio Service subject to the any other name, and respondent William official of the governmental entity. condition that harmful interference will B. Zimmerman, an individual doing busi­ § 10.502 Permissible communications. not be caused to the mobile service. ness as Zimmerman Advertising, or under (a) Stations in the State Guard Radio [P. R. Doc. 57-10364; Filed, Dec. 13, 1957; any other name, and respondents’ agents, Service are primarily authorized to 8:52 a. m.] representatives and employees, directly transmit emergency communications or through any corporate or other device, directly relating to public safety and the in connection with the offering for sale, protection of life and property. TITLE 16— COMMERCIAL sale or distribution of the various cos­ (b) Stations in the State Guard Radio PRACTICES metic or other preparations being sold, Service are secondarily authorized to as set out in the findings herein, for use transmit essential nonemergency com­ Chapter I— Federal Trade Commission in the treatment of conditions of the munications necessary for training and [Docket 6305] hair and scalp, or any preparation of maintaining an efficient organization: substantially similar composition, do Provided, That all communications au­ P art 13— D igest op C ease and D esist forthwith cease and desist from: thorized by this paragraph shall be kept O rders 1. Disseminating or causing to be dis­ to an absolute minimum and shall cause LOESCH HAIR EXPERTS ET AL. seminated by means of the United States no harmful interference to stations in mail, or by any means in commerce, as other services or to other stations in the Subpart— Advertising falsely or mis­ “commerce” is defined in the Federal State Guard Radio Service when such leadingly: § 13.15 Business status, advan­ Trade Commission Act, any advertise­ stations are transmitting communica­ tages, or connections: Personnel or staff; ment which represents, directly or by tions authorized by paragraph (a) of qualifications and abilities; § 13.170 implication, that the use of said prepa­ this section. Qualities or properties of product or serv­ rations alone or in conjunction with any (c) The transmission of nonessential ice. Subpart— Using misleading name— method or treatment will: communications is strictly prohibited. Vendor: § 13.2435 Personnel or staff; (a) Kill bacteria beneath the scalp; § 13.2455 Qualifications. § 10.503 Points of communication. (b) Cause elimination of dandruff, (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret (a) State guard base, mobile and fixed itching or irritation of the scalp; or apply sec. 5, 38 Stat. 719, as amended; 15 (c) Cure all local scalp disorders or stations are primarily authorized to in­ U. S. C. 45) [Cease and desist order, Loesch tercommunicate with all other state keep the scalp healthy; Hair Experts et al., Houston, Tex., Docket (d) Prevent or overcome excessive guard stations authorized to the same 6305, Nov. 14, 1957] licensee. hair fall or baldness, unless such repre­ In the Matter of William T. Loesch, an (b) State guard base, mobile and fixed sentations be expressly limited to cases stations are secondarily authorized to Individual Doing Business as Loesch other than those known to dermatolo­ Hair Experts, and William B. Zimmer­ intercommunicate with other stations in gists as male pattern baldness, and un­ the Public Safety Radio Services and to man, an Individual Doing Business as less the advertisement clearly and con­ transmit to receivers at fixed locations: Zimmerman Advertising spicuously reveals the fact that the great Provided, That no harmful interference This proceeding was heard by a hear­ majority of cases of excessive hair fall will be caused to the service of any sta­ ing examiner on the complaint of the and baldness are the beginning and more tion transmitting to a point of communi­ Commission charging an individual with fully developed stages of said male pat- cation for which that station is place of business in Houston, Tex., from tèrn baldness, and that respondent primarily authorized. where he or his representatives traveled Loesch’s said preparations will not in such cases stop excessive hair fall, pre- § 10.504 Station limitations, (a) to various cities to meet customers and prospects, along with his advertising vént or overcome baldness or have any Mobile relay stations will not be author­ favorable influence on its underlying ized in the State Guard Radio Service. agency, with representing falsely in ad­ vertisements inserted in local newspapers cause; (b) Each operator of a station in the announcing his arrival that by use of (e) Induce new hair to grow or cause State Guard Radio Service shall listen on the hair to become thicker or otherwise the licensed frequency of the station his scalp preparations bacteria swarming beneath the scalp would be killed; dan­ grow hair in cases of impaired hair prior to transmitting and shall not druff, itching, irritation, and all local growth, unless such representations be transmit until it has been reasonably scalp disorders would be cured and the expressly limited to cases other than determined that harmful interference those arising by reason of male pattern will not be caused to any authorized com­ scalp kept healthy; excessive hair fall would be stopped and all types of bald­ baldness and unless the advertisement munication in progress on the frequency. ness prevented; and that new hair would clearly and conspicuously reveals the fact § 10.505 Frequencies available to the be induced to grow and the hair become that the great majority of all cases of State Guard Radio Service, (a) The thicker; with representing falsely, by use excessive hair fall and baldness are the frequency 2726 kilocycles is available for of the term “Trichologist” and pictorial beginning and more fully developed assignment to base and mobile stations representations, that respondent and his stages of said male pattern baldness and in the State Guard Radio Service for use representatives had had competent that said preparation will not in such on a shared basis with stations in the training in dermatology having to do cases induce the growth of hair or thicker Special Emergency Radio Service. with treatment of scalp disorders; and hair. (b) In instances where circumstances with failing to reveal that the vast ma­ (f) Have any benefical effect on itch­ in a particular state appear to warrant jority of the cases of excessive hair fall ing scalp or other skin irritations or ail­ the use of a second frequency in the band and baldness are of the type known as ments in excess of affording temporary 2505-3500 kilocycles and where a fre­ “male-pattern” baldness and that in relief of scaling and itching. quency can be made available through such cases his preparations would have 2. Disseminating or causing to be dis­ appropriate arrangements, with Govern­ no favorable effect on underlying cause. seminated by any means any advertise­ ment agencies if necessary, for restricted After trial in due course, the hearing ment for the purpose of inducing, or area use on a shared basis with other examiner made his initial decision, in­ which is likely to induce, directly or in­ assignments such additional frequency cluding findings of fact, conclusions, and directly the purchase of said prepara­ may be assigned. The maximum power order to cease and desist, from which tions in commerce, as “commerce” is input, emission and hours of operation respondent appealed. Having considered defined in the Federal Trade Commis­ authorized for use on any frequency the record, the Commission on Novem­ sion Act, which advertisement contains assigned under the provisions of this ber 14 denied the appeal and adopted the any of the representations prohibited in paragraph will be determined on the initial decision as modified as the de­ paragraph 1 above, or which fails to basis of the technical conditions involved cision of the Commission. comply with the affirmative requirements 10052 RULES AND REGULATIONS

of subparagraphs (d> and (e) of para­ baldness would be prevented and over­ of said male-pattern baldness and that graph 1 hereof, or whieh advertisement come, new hair would be induced to said preparations will not in such cases uses the word “triehologist” or any other grow, and the hair would become thicker; induce the growth of hair or thicker terms or words of similar import and and, by use of the term “Triehologist”, hair. meaning to designate, describe or refer that the individual respondents and their 2. Disseminating or causing to be dis­ to the respondent William T. Loesch or employees had had competent medical seminated by any means any advertise­ any of his representatives who have not training in the diagnosis and treatment ment for the purpose of inducing, or had competent training in dermatology of scalp disorders. which is likely to induce, directly or in­ or other branches of medicine having to Respondents filed their answer but directly, the purchase of said prepara­ do with the diagnosis and treatment of later withdrew it, and when an agreed- tions in commerce, as “commerce” is scalp disorders affecting the hair. upon hearing was convened, failed to defined in the Federal Trade Commis­ By “Final Order", the Commission re­ make appearance, whereupon the hear­ sion Act, which advertisement fails to quired report of compliance as follows: ing examiner declared the matter to be comply with the requirements set forth in in default. He then proceeded to make paragraph 1 hereof, or which advertise­ It is further ordered, That the re­ his initial decision including findings, ment uses the word “triehologist” or any spondents, William T. Loesch and W il­ conclusions, and order to cease and de­ other terms or words of similar import liam B. Zimmerman, shall, within sixty sist, from which* complaint counsel ap­ and meaning to designate, describe or ( 6ft) days after service upon them of this pealed. The Commission, having heard refer to the respondents David R. Collins order, file with the Commission a report, the matter and having determined that or Rex W. Ochs, or said respondents’ rep­ in writing, setting forth in detail the the order should be modified, on No­ resentatives, or representatives of the manner and form in which they have vember 14 substituted its own order for respondents Collins Hair and Scalp Ex­ complied with the order to ce&se and that contained in the initial decision. perts, Inc., Carey Hair & Scalp Experts, desist. The substituted order to cease and de­ Inc., or Winston, Ltd., who have not had It is further ordered, That the initial sist is as follows: competent training in dermatology or decision of the hearing examiner, as other branches of medicine having to do It is ordered, That respondents Collins modified herein, be, and it hereby is, with the diagnosis and treatment of Hair and Scalp Experts, Inc., a corpora­ adopted as the decision of the Com­ scalp conditions affecting the hair. tion, and its officers; Carey Hair & Scalp mission. It is further ordered, That the com­ Experts, Inc,, a corporation, and its offi­ plaint be, and it hereby is, dismissed as Issued: November 14,1957. cers; Winston, Ltd., a corporation, and to the respondents M. W . Collins and its officers; David R. Collins and Rex W . By the Commission. John A. Green, Jr. Ochs, individually and as officers of said [ s e a l ] R obert M . P a r r ish , corporations; and Philip J. Keough, Jr., By "Final Order“, report of compli­ Secretary. an individual doing business as Phil ance was required as follows: [F. R. Doe. 57-10345; Filed, Dec. 13, 1957; Keough and Associates Advertising It is further ordered, That the respond­ 8:47 a. m.] Agency, or under any other name or ents, save those dismissed hereinabove, names, and said respondents’ represent­ shall, within sixty (60) days after service atives, agents and employees, directly or upon them of this order, file with the through any corporate or other device, in Commission a report in writing setting [Docket 6707] connection with thè offering for sale, sale forth in detail the mariner and form or distribution of the various cosmetic P art 13— D igest of cease and D esist in which they have complied with the O rders and drug preparations set out in the find­ order to cease and desist. ings herein, or any preparation of sub­ It is further ordered, That the initial COLLINS HAIR AND SCALP EXPERTS, IN C ., stantially similar composition, or pos­ decision of the hearing examiner, as E T A L . sessing substantially similar properties, modified hereby, be, and the same here­ do forthwith cease and' desist from: Subpart— Advertising falsely or mis­ by is, adopted as the decision of the leadingly: § 13.15 Business status, ad­ 1. Disseminating or causing to be dis­ Commission. vantages, or connections: Personnel or seminated by means of the United States staff; qualifications and abilities; mails, or by any means in commerce, as . Issued: November 14, 1957. § 13.170 Qualities or properties of prod­ “commerce” is defined in the Federal By the Commission. uct or service. Subpart— Using mis­ Trade Commission Act, any advertise­ leading name— V endor: § 13,2435 ment which represents, directly or by Eseal] R obert M . P arrish, Personnel or staff; § 13.2455 Qualifica­ implication, that the use of said prepa­ Secretary. tions. rations : [F. R. Doc. 57-10344; Filed, Dec. 13, 1957; (a) W ill check thinning hair, prevent 8:46 a. m.] (Sec. 6, 38 Stat. 721; 15 U. S. C. 46. Interpret or apply sec. 5, 38 Stat. 719, as amended; 15 or overcome baldness, or have any favor­ U. S. C. 45) [Cease and desist order, Collins able influence on the underlying cause Hair and Scalp Experts, Inc. (Oklahoma City, of baldness, unless such representations TITLE 26— FNTERNAL REVENUE, O kla.), et al., Docket 6707, Nov. 14, 1957] be expressly limited to cases other than 1954 those known as male-pattern baldness, In the Matter of Collins Hair and Scalp and unless the advertisement clearly and Experts, Inc., a Corporation, Carey Chapter I— Internal Revenue Service, conspicuously reveals the fact that the Hair & Scalp Experts, Inc., a Corpora­ Department of the Treasury great majority of cases of thinning hair tion, Winston, Ltd., a Corporation, and baldness are the beginning and more [T. D. 6279] David R. Collins, M. W. Collins, Rex W. fully developed stages of said male- Qehs, John A Green, Jr., Individually P art 1— I n c o m e T a x ; T axable Y ears pattern baldness, and tljat said prepara­ B e g in n in g A fter D ecember 31, 1953 and as Officers of the Above-Named tions will not in sueh cases check thin­ Corporations; and Philip J. Keough, ning hair, prevent or overcome baldness a d d it io n a l it e m ize d d e d u c t io n s for Jr., Individually and Doing Business or have any favorable influence on its INDIVIDUALS as Phil Keough and Associates Adver­ underlying cause. Chi August 18,1956, notice of proposed tising Agency (b) W ill induce new hair to grow or rule making regarding the regulations This proceeding was heard by a hear­ cause the hair to become thicker or for taxable years beginning after Decem­ ing examiner on the complaint of the otherwise grow hair in cases of impaired ber 31,1953, and ending after August 16, Commission charging three associated hair growth, unless such representations 1954, under sections 21L 212, 213, 215, corporations and their common officers be expressly limited to cases other than and 217 of the Internal Revenue Code of in Oklahoma City, Okla., along with their those arising by reason of male-pattern 1954, was published in the F ederal R eg­ advertising agency, with representing baldness and unless the advertisement ist e r (21 F. R. 6228). After consider­ falsely in advertising in newspapers, clearly and conspicuously reveals the ation of all such relevant matter as was periodicals, leaflets, etc., that by use of fact that the great majority of all cases presented by interested persons regard­ their hair and scalp preparations, thin­ of thinning hair and baldness are the be­ ing the rules proposed, the following ning hair would be checked, all types of ginning and more fully developed stages regulations are hereby adopted; S a tu rd a y , D e ce m b e r 14, 1957 FEDERAL REGISTER 10053

Sec. tible. Similarly, ordinary and necessary deposit box for storing jewelry and other 1.211 Statutory provisions; allowance of expenses paid or incurred in the man­ personal effects; expenses such as those deductions. agement, conservation, or maintenance paid or incurred in seeking employment 1.211- 1 Allowance of deductions. of a building devoted to rental purposes or in placing oneself in a position to begin 1.212 Statutory provisions; expenses for rendering personal services for compen­ production of income. are deductible notwithstanding that 1.212- 1 Nontrade or nonbusiness expenses. there is actually no income therefrom in sation, campaign expenses of a candi­ 1.213 Statutory provisions; medical, den­ the taxable year, and regardless of the date for public office, bar examination tal, etc., expenses. manner in which or the purpose for fees and other expenses paid or incurred 1.213- 1 Medical, dental, etc., expenses. which the property in question was in securing admission to the bar, and 1.215 Statutory provisions; alimony, etc., acquired. Expenses paid or incurred in corresponding fees and expenses paid or payments. managing, conserving, or maintaining incurred by physicians, dentists, account­ 1.215-1 Periodic alimony, etc., payments. 1.21? Statutory provisions; cross refer­ property held for investment may be de­ ants, and other taxpayers for securing ences. ductible under section 212 even though the right to practice their respective pro­ the property is not currently productive fessions. See, however, section 162 and A u t h o r it y : §§ 1.211 to 1.217 issued under and there is no likelihood that the prop­ the regulations thereunder. sec. 7805, 68A Stat. 917; 26 U. S. C. 7805. erty will be sold at a profit or will other­ (g) Fees for services of investment § 1.211 Statutory provisions;, allow­ wise be productive of income and even counsel, custodial fees, clerical help, ance of deductions. though the property is held merely to office rent, and similar expenses paid or Sec. 211. Allowance of deductions. In com­ minimize a loss with respect thereto. incurred by a taxpayer in connection puting taxable income under section 63 (a ), (c) Expenses of carrying on trans­ with investments held by him are de­ there shall be allowed as deductions the actions which do not constitute a trade ductible under section 212 only if ( 1 ) items specified in this part, subject to the or business of the taxpayer and. are not they are paid or incurred by the tax­ exceptions provided in part IX (section 261 carried on for the production or collec­ payer for the production or collection of and following, relating to items not deduct­ tion of income or for the management, income or for the management, conser­ ible). conservation, or maintenance of prop­ vation, or maintenance of investments §1.211-1 Allowance of deductions:. In erty held for the production of income, held by him for the production of in­ computing taxable income under section but which are carried on primarily as a come; and (2) they are ordinary and 63 (a ), the deductions provided by sec­ sport, hobby, or recreation are not al­ necessary under all the circumstances, tions 212, 213, 214, 215, and 216 shall be lowable as nontrade or nonbusiness ex­ having regard to the type of investment allowed subject to the exceptions pro­ penses. The question whether or not a and to the relation of the taxpayer to vided in part IX (section 261 and follow­ transaction is carried on primarily for such investment. ing, relating to items not deductible). the production of income or for the (h) Ordinary and necessary expenses management, conservation, or mainte­ paid or incurred in connection with the • § 1.212 Statutory provisions; expenses nance of property held for the produc­ management, conservation, or mainte­ for production of income. tion or collection of income, rather than nance of property held for use as a res­ Sec. 212. Expenses for production of in­ primarily as a sport, hobby, or recrea­ idence by the taxpayer are not deduct­ come. In the case of an individual, there tion, is not to be determined solely from ible. However, ordinary and necessary shall be allowed as a deduction all the ordi­ the intention of the taxpayer but rather expenses paid or incurred in connection nary and necessary expenses paid or incurred with the management, conservation, or during the taxable year— from all the circumstances of the case. (1) For the production or collection of For example, consideration will be given maintenance of property held by the income; to the record of prior gain or loss of the taxpayer as rental property are deduct­ (2) For the management, conservation, or taxpayer in the activity, the relation ible even though such property was for­ maintenance of property held for the pro­ between the type of activity and the merly held by the taxpayer for use as a duction of income; or principal occupation of the taxpayer, home. (3) In connection with the determination, and the uses to which the property or (i) Reasonable amounts paid or in­ collection, or refund of any tax. what it produces is put by the taxpayer. curred by the fiduciary of an estate or § 1.212-1 Nontrade or nonbusiness (d) Expenses, to be deductible under trust on account of administration ex­ expenses, (a) An expense may be de­ section 212, must be “ordinary and nec­ penses, including fiduciaries’ fees and ducted under section 212 only if— essary”. Thus, such expenses must be expenses of litigation, which are ordi­ (1) It has been paid or incurred by the reasonable in amount and must bear a nary and necessary in connection with taxpayer during the taxable year (i) for reasonable and proximate relation to the performance of the duties of admin­ the production or collection of income the production or collection of taxable istration are deductible under section which, if and when realized, will be re­ income or to the management, conser­ 212, notwithstanding that the estate or quired to be included in income for Fed­ vation, or maintenance of property held trust is not engaged in a trade or busi­ eral income tax purposes, or (ii) for the for the production of income. ness, except to the extent that such ex­ management, conservation, or mainte­ (e) A deduction under section 212 is penses are allocable to the production nance of property held for the produc­ subject to the restrictions and limita­ or collection of tax-exempt income. But tion of such income, or (iii) in connection tions in sections 261 through 273, relat­ see section 642 (g) and the regulations with the determination, collection, or re­ ing to items not deductible. Thus, no thereunder for disallowance of such de­ fund of any tax; and deduction is allowable under section 212 ductions to an estate where such items (2) It is an ordinary and necessary for any amount allocable to the pro­ are allowed as a deduction under section expense for any of the purposes stated duction or collection of one or more 2053 or 2054 in computing the net estate in subparagraph ( 1) of this paragraph. classes of income which are not includ­ subject to the estate tax; (b) The term “income” for the pur­ ible in gross income, or for any amount (j ) Reasonable amounts paid or in­ pose of section 212 includes not merely allocable to the management, conserva­ curred for the services of a guardian or income of the taxable year but also in­ tion or maintenance of property held committee for a ward or minor, and come which the taxpayer has realized in for the production of income which is other expenses of guardians and com­ a prior taxable year or may realize in not included in gross income. See sec­ mittees which are ordinary and neces­ subsequent taxable years; and is not tion 265. Nor does section 212 allow the sary, in connection with the production confined to recurring income but applies deduction of any expenses which are or collection of income inuring to the as well to gains from the disposition of disallowed by any of the provisions of ward or minor, or in connection with the management, conservation, or main­ property. For example, if defaulted subtitle A of the Internal Revenue Code of 1954, even though such expenses may tenance of property, held for the produc­ bonds, the interest from which if re­ be paid or incurred for one of the pur­ tion of income, belonging to the ward ceived would be includible in income, are poses specified in section 212. or minor, are deductible. purchased with the expectation of real­ (f) Among expenditures not allowable (k) Expenses paid or incurred in de­ izing capital gain on their resale, even as deductions under section 212 are the fending or perfecting title to property, in though no current yield thereon is an­ following: Commuter’s expenses; ex­ recovering property (other than invest­ ticipated, ordinary and necessary ex­ penses of taking special courses or train­ ment property and amounts of income penses thereafter paid or incurred in ing; expenses for improving personal which, if and when recovered, must be connection with such bonds are deduc­ appearance; the cost of rental of a safe- included in gross income), or in develop- 10054 RULES AND REGULATIONS

lng or improving property, constitute a (2) If either the taxpayer or his spouse paid during the taxable year, regardless part of the cost of the property and are has attained the age of 65 before the close of when the incident or event which oc­ not deductible expenses. Attorneys’ fees of the taxable year— casioned the expenses occured and re­ paid in a suit to quiet title to lands are (A ) The amount of such expenses for the gardless of the method of accounting not deductible; but if the suit is also to care of the taxpayer and his spouse, and (B ) The amount by which such expenses employed by the taxpayer in making his collect accrued rents thereon, that por­ for the care of such dependents exceed 3 income tax return. Thus, if the medical tion .of such fees is deductible which is percent of the adjusted gross income. properly allocable to the services ren­ expenses are incurred but not paid dur­ (b ) Limitation with respect to medicine ing the taxable year, no deduction for dered in collecting such rents. Expenses and drugs. Amounts paid during the taxa­ ble year for medicine and drugs which (but such expenses shall be allowed for such paid or incurred in protecting or assert­ year. ing one’s rights to property of a decedent for this subsection) would be taken into account in computing the deduction under ( ) Except as provided in subpara­ as heir or legatee, or as beneficiary under 2 subsection (a) shall be taken into account graph (4) (i) of this paragraph, only a testamentary trust,, are not deductible. only to the extent that the aggregate of such such medical expenses (including the al­ (l) Expenses paid or incurred by an amounts exceeds 1 percent of the adjusted lowable expenses for medicine and gross income. individual in connection with the deter­ drugs) are deductible as exceed 3 per­ mination, collection, or refund of any (c) Maximum limitations. The deduction under this section shall not exceed $2,500, cent of the adjusted gross income for tax, whether the taxing authority be Fed­ the taxable year. For the amount paid eral, State, or municipal, and whether multiplied by the number of exemptions al­ lowed for the taxable year as a deduction during the taxable year for medicine and the tax be income, estate, gift, property, under section 151 (other than exemptions drugs which may be taken into account or any other tax, are deductible. Thus, allowed by reason of subsection (c) or (d), in computing total medical expenses, see expenses paid or incurred by a taxpayer relating to additional exemptions for age or paragraph (b) of this section. For the for tax counsel or expenses paid* or in­ blindness); except that the maximum de­ duction under this section shall be— maximum deduction allowable under curred in connection with the prepara­ section 213, see paragraph (c) of this tion of his tax returns or in connection (1) $5,000, if the taxpayer is single and not the head of a household (as defined in section. As to what constitutes, “ad­ with any proceedings involved in de- section 1 (b ) (2 )) and not a surviving spouse justed gross income”, see section 62 and terming the extent of his tax liability (as defined in section 2 ( b ) ) or is married the regulations thereunder. or in contesting his tax liability are but files a separate return; or (3) (i) For medical expenses paid (in­ deductible.. (2) $10,000, if the taxpayer files a joint re­ cluding expenses paid for medicine and (m) An expense (not otherwise de­ turn with his spouse under section 6013, or is the head of a household (as defined in sec­ drijgs) to be deductible, they must be ductible) paid or incurred by an individ­ for medical care of the taxpayer, his ual in determining or contesting a tion 1 (b) (2)) or a surviving spouse (as defined in section 2 ( b ) ) . spouse, or a dependent of the taxpayer liability asserted against him does not (d ) Special rule for decedents— (1) Treat- and not be compensated for by insurance become deductible by reason of the fact ment of expenses paid after death. For pur­ or otherwise. See section 152 and the that property held by him for the pro­ poses of subsection ( a ) , expenses for • the regulations thereunder for definition of duction of income may be required to medical care of the taxpayer which are paid a dependent. out of his estate during the 1-year period be­ be used or sold for the purpose of satis­ (ii) An amount excluded from gross fying such liability. ginning with the day after the date of his death shall be treated as paid by the taxpayer income under section 105 (c) or (d) (re­ (n) Capital expenditures are not al­ at the time incurred. lating to amounts received under acci­ lowable as nontrade or nonbusiness ex­ (2) Limitation. Paragraph (1) shall not dent and health plans) and the regula­ penses. The deduction of an item other­ apply if the amount paid is allowable under tions thereunder shall not constitute wise allowable under section 212 will not section 2053 as a deduction in computing the compensation for expenses paid for be disallowed simply because the tax­ taxable estate of the decedent, but this para­ médical care. Exclusion of s u c h payer was entitled under subtitle A of graph shall not apply if (within the time and amounts from gross income will not af­ in the manner and form prescribed by the the Internal Revenue Code of 1954 to fect the treatment of expenses paid for treat such item as a capital expenditure, Secretary or his delegate) there is filed— (A) A statement that such amount has not medical care. rather than to deduct it as an expense. been claimed or allowed as a deduction under (ui) The application of the rule al­ For example, see section 266. Where, section 2053, and lowing a deduction for medical expenses however, the item may properly be (B) A waiver of the right to have such to the extent not compensated for by treated only as a capital expenditure or amount allowed at any time as a deduction insurance or otherwise may be illus­ where it was properly so treated under under section 2053. trated by the following example in which an option granted in subtitle A, no deduc­ (e) Definitions. For purposes of this sec­ it is assumed that neither the taxpayer tion is allowable under section ;' and tion— 212 (1) The term “medical care” means nor his wife has attained the age of 65: this is true regardless of whether any amounts paid— Example. Taxpayer H, married to W and basis adjustment is allowed under any (A ) For the diagnosis, cure, mitigation, having one dépendent child, had adjusted other provision of the Internal Revenue treatment, or prevention of disease, or for the gross income for 1956 of $3,000. During 1956 Code of 1954. purpose of affecting any structure or func­ he paid $300 for medical care, of which $100 (o) The provisions of section 212 are tion of the body (including amounts paid for was for treatment of his dependent child and not intended in any way to disallow ex­ accident or health insurance), or $200 for an operation on W which was per­ penses which would otherwise be allow­ (B ) For transportation primarily for and formed in September 1955. In 1956 he re­ able under section 162 and the regula­ essential to medical care referred to in sub- ceived a payment of $50 for health insurance paragraph (A). to cover a portion of the cost of W ’s opera­ tions thereunder. Double deductions are (2) The determination of whether an in­ tion performed during 1955. The deduction not permitted. Amounts deducted under dividual is married at any time ^during the allowable under section 213 for the calendar one provision of the Internal Revenue taxable year shall be made in accordance with year 1956, provided‘the taxpayer itemizes his Code of 1954 cannot again be deducted the provisions of section 6013 (d) (relating to deductions and does not compute his tax under any other provision thereof. determination of status as husband and under section 3 by use of the tax table, is w ife). $160, computed as follows: § 1.213 Statutory provisions; medical, (f) Exclusion of amounts allowed for care dental, etc., expenses. of certain dependents. Any expense allowed Payments in 1956 for medical care____ $300 as a deduction under section 214 shall not be Less; Amount of Insurance received in Sec. 213. Medical, dental, etc., expenses—- 1956______;______50 treated as an expense paid for medical care. (a ) Allowance of deduction. There shall be allowed as a deduction the expenses paid § 1.213—1 ^Medical, dental, etc., ex- Payments in 1956 for medical during the taxable year, not compensated for penses— (a ) Allowance of deduction. care not compensated for dur­ by Insurance or otherwise, for medical care (1) Section 213 permits a deduction of ing 1956 ______250 of the taxpayer, his spouse, or a dependent payments for certain medical expenses Less: 3 percent of $3,000 (adjusted (as defined in section 152) — (including expenses for medicine and gross incom e)______90 (1) If neither the taxpayer nor his spouse drugs). Except as provided in para­ has attained the age of 65 before the close graph (d> of this section (relating to Excess, allowable as a deduction for 1956____ 160 of the taxable year, to the extent that such special rule for decedents) a deduction expenses exceed 3 percent of the adjusted is allowable only to individuals and only (4): (i) Where either the taxpayer or gross income; or with respect to medical expenses actually his spouse has attained the age of 65 S a tu rd a y , D e ce m b er 14, 1957 FEDERAL REGISTER 10055 before the end of the taxable year, the 3 (b) Limitation with respect to medi­ tained the age of 65 and the taxpayer percent limitation on the deduction for cine and drugs. (1) Amounts paid for pays an amount in excess of 1 percent of medical expenses does not apply with medicine and drugs are to be taken into adjusted gross income for medicine and respect to expenses for the medical care account in computing the allowable de­ drugs for himself, his spouse, and his de­ of the taxpayer or his spouse. In such a duction for medical expenses paid during pendents, it is necessary to apportion the case the taxpayer may deduct, subject to the taxable year only to the extent that 1 percent of adjusted gross income the 1 percent limitation with respect to the aggregate of such amounts exceeds I (the portion which is not taken into ac­ medicine and drugs set forth in para­ percent of the adjusted gross income for count as expenses paid for medical care) graph (b) of this section and subject to the taxable year. Thus, if the aggregate between the taxpayer and his spouse on the maximum amount allowable as of the amounts paid for medicine and the one hand and his dependents on the described in paragraph (c) of this drugs exceeds 1 percent of adjusted gross other. The part of the 1 percent allo­ section— income, the excess is added to other cable to the taxpayer and his spouse is an (a) The amount of all payments for medical expenses for the purpose of com­ amount which bears the same ratio to 1 the medical care of the taxpayer and his puting the medical expense deduction. percent of his adjusted gross income spouse, and For definition of m e d ia e and drugs, see which the amount paid for medicine and (b) The amount by which his pay­ paragraph (e) (2) of *this section. The drugs for the taxpayer and his spouse ments for the medical care of his de­ application of this subparagraph may be bears to the total amount paid for medi­ pendents exceed 3 percent of his adjusted illustrated by the following example: cine and drugs for the taxpayer, his gross income. Example. The taxpayer, a single individual spouse, and his dependents. The bal­ with no dependents, had an adjusted gross ance of the 1 percent shall be allocated In determining the amount described income of $6,000 for the calendar year 1956. to his dependents. The amount paid for in subdivision (i) (b) of this subpara­ During 1956, he paid a doctor $300 for medi­ medicine and drugs in excess of the al­ cal services, a hospital $100 for hospital care, graph, the amount described in subdivi­ located part of the 1 percent shall be sion (i) (a) of this subparagraph shall and also spent $100 for medicine and drugs. These payments were not compensated for taken into account as payments for med­ not be taken into account. by insurance or otherwise. The deduction ical care for the taxpayer and his (ii) For the purposes of this subpara­ allowable under section 213 for the calendar spouse on the one hand and his depend­ graph, the age of a taxpayer shall be year 1956 is $260, computed as.follows: ents on the other, respectively. The ap­ determined as of the last day of his tax­ Payments for medical care in 1956: plication of this subparagraph may be able year. In the event of the taxpayer’s D o cto r______- ______$300 illustrated by the following example: death, the date of his death shall be the Hospital ______100 last day of his taxable year. The age of Example. H and W, who have a dependent Medicine and drugs------$100 child, made a joint return for the calendar a taxpayer’s spouse shall be determined Less: 1 percent of $6,000 (ad­ year 1956. H became 65 years of age on as of the last day of the taxpayer’s tax­ justed gross incom e)------— 60 September 15, 1956. The adjusted gross in­ ------40 able year, except that, if the spouse dies come of H and W for 1956 is $10,000. During within such taxable year, her age shall the year, H and W paid the following amounts Total medical expenses to be for medical care: (i) $1,000 for doctors and be determined as of the date of her death. taken into account______440 hospital expenses and $180 for medicine and (iii) The application of subdivision (i) Less: 3 percent of $6,000 (adjusted of this subparagraph may be illustrated drugs for themselves; and (ii) $500 for doc­ gross incom e)______- - ______180 tors and hospital expenses and $140 for medi­ Allowable deduction for 1956.. 260 by the following examples: cine and drugs for the dependent child. Example (1 ). Taxpayer A, who attained (2) The 1 percent limitation rule is These payments were not compensated for by the age of 65 on February 22, 1956, makes his applicable to all taxpayers, including a insurance or otherwise. The deduction al­ return on the basis of the calendar year: taxpayer (or his spouse) who has at­ lowable under section 213 (a ) (2) for medi­ During the year 1956, A had adjusted gross cal expenses paid in 1956 is $1,420, computed income of $8,000, and paid the following tained the age of 65. In a case where as follows: medical bills: (a ) $560 (7 percent of adjusted either a taxpayer or his spouse has at­ gross income) for the medical care of him­ self and his spouse, and (b ) $160 (2 percent H and W : of adjusted gross income) for the medical Payments for doctors and hospital------$1,000.00' care of his dependent son. No part of these Payments for medicine and drugs— s------$180. 00 payments was for medicine and drugs nor Less: Limitation for medicine and drugs (see computation below) 56.25 compensated for by insurance or otherwise. ------123.75 The allowable deduction under section 213 for 1956 is $560, the full amount of the medical expenses for the taxpayer and his Medical expenses for H and W to be taken into account— 1,123.75 spouse. No deduction is allowable for the Dependent : amount of $160 paid for medical care of the Payments for doctors and hospital______■------— ------$500.00 dependent son since the amount of such Payments for medicine and drugs------— ------$140.00 payment (determined without regard to the Less: Limitation for medicine and drugs (see computation payments for the care of the taxpayer and his b e lo w )______— ------43. 75 spouse) does not exceed 3 percent of adjusted ------96.25 gross Income. Example (2). H and W, who have a de­ Total medical expenses ------——— ------;------— — 596. 25 pendent child, made a joint return for the Less: 3 percent of $10,000 Cad justed gross income)------300.00 calendar year 1956. H became 65 years .of age on August 15, 1956. The adjusted gross Medical expenses for the dependent to be taken into account------296.25 income of H and W in 1956 was $40,000 and they paid in such year the following amounts for medical care: (a ) $3,000 for the medical Allowable deduction for 1956------— ------— ------1» 420. 00 care of H; (b ) $2,000 for the medical care of W; and (c) $3,000 for the medical care of the Payments for medicine and drugs: dependent child. No part of these payments H and W ______— — — ------180. 00 was for medicine and drugs nor compensated Dependent______- ______- — ,.- - - - — ------— — — 140.00 for by insurance or otherwise. The allow­ able dedmjtion under section 213 for medical Total payments______— ------— ------— ------— ------— - 320.00 exenses paid in 1956 is $6,800 computed as Less: 1 percent of $10,000 (adjusted gross incom e)------100.00 follows: Payments to be taken into account______—------— ------220.00 Payments for medical care of H and W in 1956______— ------— $5, 000 Allocation of 1 percent exclusion! io n Payments for medical care of H and W ^X$100= ------— ------56.25 the dependent in 1956_____ $3, 000 Less: 3 percent of $40,000 (ad­ 140 justed gross income)______1,200 Dependent-^- X $100=------—— ------—------— ------— 43.75 ------1, 800

Allowable deduction for 1956.. 6,800 Total. 100.00 10056 RULES AND REGULATIONS

(c) Maximum limitations. ( 1 ) The nosis, cure, mitigation, treatment, or (iv) Expenses paid for transportation maximum deduction allowable for med­ prevention of disease. Expenses paid primarily for and essential to the rendi­ ical expenses paid in any one taxable for “medical care” shall include ’ those tion of the medical care are expenses year is the lesser of: paid for the purpose of affecting any paid for medical care. However, an (1) $2,500 multiplied by the number structure or function of the body, for amount allowable as a deduction for of exemptions allowed under section 151 accident or health insurance, or for “transportation primarily for and es­ (exclusive of exemptions allowed under transportation primarily for and essen­ sential to medical care” shall not include section 151 (c) for a taxpayer or spouse tial to medical care. Amounts paid for the cost of any meals and lodging while attaining the age of 65, or section 151 hospitalization insurance, for member­ away from home receiving medical treat­ (d) for a taxpayer who is blind or a ship in an association furnishing coop­ ment. For example, if a doctor prescribes spouse who is blind); erative or so-called free-choice medical that a taxpayer go to a warm climate in (ii) $5,000, if the taxpayer is single, service, or for group hospitalization and order to alleviate a specific chronic ail­ not theTiead of a household (as defined clinical care are expenses paid for medi­ ment, the cost of meals and lodging while in section 1 (b) (2) ) and not a surviving cal care. However, premiums paid by there would not be deductible. On the spouse (as defined in section 2 (b)), or a taxpayer under an insurance contract other hand, if the travel is undertaken is married and files a separate return; or which provides reimbursement for loss merely for the general improvement of a (iii) $10,000, if the taxpayer is mar­ of earnings due to accident or illness do taxpayer’s health, neither the cost of ried and files a joint return with his not constitute amounts expended for transportation nor the cost of meals and spouse under section 6013, or is the head medical care. In the case of a policy lodging would be deductible. If a doctor of a household (as defined in section 1 providing reimbursement for both loss prescribes an operation or other medical (b) ( 2) ) , or a surviving spouse (as de­ of earnings and medical expenses, only care, and the taxpayer chooses for purely fined in section 2 (b)). the pro rata portion of such premium personal considerations to travel to (2) The application of subparagraph payments which is properly attributable another locality (such as a resort area) (10 of this paragraph may be illustrated to the coverage for medical expenses will for the operation or the other medical by the following example; constitute an expense paid for medical care, neither the cost of transportation Example. H and W made a Joint return care. nor the cost of meals and lodging (ex­ for the calendar year 1956 and were aUowed (ii) Amounts paid for operations or cept where paid as part of a hospital bill) five exemptions (exclusive of exemptions un­ treatments affecting any portion of the is deductible. der section 151 (c) or (d)), one for each body, including obstetrical expenses and (v) The cost of in-patient hospital taxpayer and three for their dependents. expenses of therapy or X-ray treatments, care (including the cost of meals and The adjusted gross income of H and W in are deemed to be for the purpose of af­ lodging therein) is an expenditure for 1956 was $40,000. They paid during such year $12,500 for medical care, no part of which fecting any structure or function of the medical care. The extent to which ex­ is compensated for hy insurance or other­ body and are therefore paid for medical penses for care in an institution other wise. The deduction allowable under sec­ care. Amounts expended for illegal oper­ than a hospital shall constitute medical tion 213 for the calendar year 1956 is $10,000, ations or treatments are not deductible. care is primarily a question of fact which computed as follows: Deductions for expenditures for medical depends upon the condition of the indi­ Payments for medical care in 1956— $12, 500 care allowable under section 213 will be vidual and the nature of the services he Less: 3 percent of $40,000 (adjusted confined strictly to expenses incurred receives (rather than the nature of the gross incom e)______4,200 primarily for the prevention or allevia­ institution). A private establishment tion of a physical or mental defect or which is regularly engaged in providing Excess of medical expenses in illness. Thus, payments for the follow­ the types of care or services outlined in 1956 over 3 percent of ad­ ing are payments for medical care: hos­ this subdivision shall be considered an justed gross income_____ ;_; 11,300 pital services, nursing services (includ­ institution for purposes of the rules pro­ Allowable deduction for 1956 ($2,500 multiplied by 5 exemptions al­ ing nurses* board where paid by the vided herein. In general, the following lowed under section 151 (b ) and taxpayer), medical, laboratory, surgical, rules will be applied ; • (e ) but not in excess of $10,000) _ 10,000 dental and other diagnostic and healing (a) Where an individual is in an in­ services, X-rays, medicine and drugs (as stitution because his condition is such (d) Special rule for decedents. (1) defined in subparagraph (2) of this par­ that the availability of medical care (as For the purpose of section 213 (a ), ex­ agraph, subject to the 1 percent limi­ defined in subdivisions (i) and (ii) of penses for medical care of the taxpayer tation in paragraph (b) of this section), this subparagraph) in such institution which are paid out of his estate during artificial teeth or limbs, and ambulance is a principal reason for his presence the -year period beginning with the 1 hire. However, an expenditure which is there, and meals and lodging are fur­ day after the date of his death shall be merely beneficial to the general health nished as a necessary incident to such treated as paid by the taxpayer at the of an individual, such as an expenditure care, the entire cost of medical care and time the medical services were rendered. for a vacation, is not an expenditure for meals and lodging at the institution, However, no credit or refund of tax shall medical care. which are furnished while the individual be allowed for any taxable year for. (iii) A capital expenditure for a per­ requires continual medical care, shall which the statutory period for filing a manent improvement or betterment of constitute an expense for medical care. claim has expired. See section 6511 and property shall not be deductible as an ex­ For example, medical care includes the the regulations thereunder. penditure for medical care, even though entire cost of institutional care for a (2) The rule prescribed in subpara­ it may have some relation to medical person who is mentally ill and unsafe graph ( ) of this paragraph shall not 1 care. Thus, the cost of a swimming pool, when left alone. While ordinary edu­ apply where the amount so paid is al­ the addition of an elevator or a first cation is not medical care, the cost of lowable under section 2053 as a deduc­ floor bedroom and bath to a house for medical care includes the cost of attend­ tion in computing the taxable estate the benefit of a person unable to climb ing a special school for a mentally or of the decedent unless there is filed in stairs, the installation of an oil burner physically handicapped individual, if his duplicate (i) a statement that such to alleviate an allergy to coal, etc., would condition is such that the resources Of amount has not been allowed as a de­ not be a deductible expense. A capital the institution for alleviating such men­ duction under section 2053 in computing expenditure which is related only to the tal or physical handicap are a principal the taxable estate of the decedent and sick person and is not related to perma­ reason for his presence there. In such a (ii) a waiver of the right to have such nent improvement or betterment of case, the cost of attending such a special amount allowed at any time" as a deduc­ school will include the cost of meals and tion under section 2053. The statement property, if it otherwise qualifies as an lodging, if supplied, and the cost of ordi­ and waiver shall be filed with or for asso­ expenditure for medical care, shall, nary education furnished which is inci­ ciation with the return, amended return, however, be deductible; for example, an expenditure for eye glasses, a seeing eye dental to the special services furnished or claim for credit or refund for the by the school. Thus, the cost of medical dog, artificial teeth and limbs, a wheel decedent for any taxable year for which care includes the cost of attending a chair, crutclies, an. inclinator or an air such an amount is claimed as a deduc­ special school designed to compensate tion. conditioner which is detachable from the for or overcome a physical handicap, in (e) Definitions— { 1 ) General, (i) The property and purchased only for the use order to qualify the individual for future term “medical care” includes the diag- of a sick person, etc. normal education or for normal living, Saturday, December 14, 1957 FEDERAL REGISTER 10057 such as a school for the teaching of (f) Exclusion of amounts allowed 1956. A was allowed a deduction of $5,000 braille or lip reading. Similarly, the cost for care of certain dependents. Amounts (the maximum) from his adjusted gross in­ allowable under section 214 as a deduc­ come for 1956. The amount which A must of care and supervision, or of treatment include in his gross income for 1957 is $3,050 and training, of a mentally retarded or tion for the care of certain dependents and the amount to be excluded from gross physically handicapped individual at an shall not be treated as expenses paid for income for 1957 is $2,950, computed as institution is within the meaning of the medical care. follow s:' term “medical care”. (g) Reimbursement for expenses paid Payments for medical care in 1956 (b ) Where an individual is in an insti­ in prior years. (1) Where reimburse­ (not reimbursed in 1956)______$9,000 tution, and his condition is such that ment, from insurance or otherwise, for Less: 3 percent of $35,000 (adjusted the availability of medical care in such medical expenses is received in a taxable gross, income)______1, 050 institution is not a principal reason year subsequent to a year in which a for his presence there, only that part of deduction was claimed on account of Excess of medical expenses not the cost of care in the institution as is such expenses, the reimbursement must reimbursed in 1956 over 3 attributable to medical care (as defined be included in gross income in such sub­ percent of adjusted gross in subdivisions (i) and (ii) of this sub- sequent year to the extent attributable to incom e______- 7, 950 Allowable deduction for 1956______- 5,000 paragraph) shall be considered as a cost (and not in excess of) deductions al­ of medical care; meals and lodging at the lowed under section 213 for any prior Amount by which the medical institution in such a case are not con­ taxable year. See section 104, relating deductions for 1956 would sidered a cost of medical care for pur­ to compensation for injuries or sickness, have been greater than $5,000 poses of this section. For example, an and section 105 (b ), relating to amounts but for the limitations on the individual is in a home for the aged for expended for medical care, and the regu­ maximum amount provided personal or family considerations and lations thereunder, with regard to by section 213______2, 950 not because he requires medical or nurs­ amounts in excess of or not attributable ing attention. In such case, medical to deductions allowed. Reimbursement received in 1957____ 6,000 Less: Amount by which the medical care consists only of that part of the cost (2) If no medical expense deduction deduction for 1956 would have been for care in the home which is attribut­ was taken in an earlier year, for example, greater than $5,000 but for the lim­ able to medical care or nursing atten­ if the standard deduction under section itations on the maximum amount tion furnished to him; his meals and 141 was taken for the earlier year, the re­ provided by section 213______2, 950 lodging at the home are not considered a imbursement received in the taxable year cost of medical care. for the medical expense of the earlier Reimbursement received in 1957 re­ (c) It is immaterial for purposes of year is not includible in gross income. duced by the amount by which the this subdivision whether the medical (3%) In order to allow the same aggre­ medical deduction for 1956 would have been greater than $5,000 but gate medical expense deductions as if care is furnished in a Federal or State for the limitations on the maxi­ institution or in a private institution. the reimbursement received in a subse­ mum amount provided by section (vi) See section 262 and the regula­quent year or years had been received in 213______3, 050 tions thereunder for disallowance of de­ the year in which the payments for med­ Amount attributed to medical deduc­ duction for personal, living, and family ical care were made, the following rules tion taken for 1956______3, 050 expenses not falling within the definition shall be followed: Amount to be included in gross in­ of medical care. (i) If the amount of the reimburse­ come for 1957______3, 050 ment is equal to or less than the amount Amount to be excluded from gross in­ (2) Medicine and drugs. The term come for 1957 ($6,000 less $3,050).. 2,950 “medicine and drugs” shall include only which was deducted in a prior year, the items which are legally procured and entire amount of the reimbursement Example (2 ). Assuming that A, in example which are generally accepted as falling shall be considered attributable to the (1 ), received $8,000 in 1957 as reimbursement deduction taken in such prior year (and for the medical expenses which he paid in within the category of medicine and 1956, the amount which A must include in drugs (whether or not requiring a pre­ hence includible in gross income); or his gross Income for 1957 is $5,000 and the scription) . Such term shall not include (ii) If the amount of the reimburse­ amount to be excluded from gross Income for toiletries or similar preparations (such ment received in such subsequent year 1957 is $3,000, computed as follows: or years is greater than the amount as toothpaste, shaving lotion, shaving Reimbursement received in 1957_____ $8, 000 cream, etc.) nor shall it include cosmet­ which was deducted for the prior year, Less: Amount by which the medical ics (such as face creams, deodorants, that portion of the reimbursement re­ deduction for 1956 would have been hand lotions, etc., or any similar prep­ ceived which is equal in amount to the greater than $5,000 but for the aration used for ordinary cosmetic pur­ deduction taken in the prior year shall limitations on the maximum poses) or sundry items. Amounts ex­ be considered as attributable to such de­ amount provided by section 213___ 2,950 pended for items which, under this sub- duction (and hence includible in gross paragraph, are excluded from the term income); but Reimbursement received in (iii) If the deduction for the prior 1957 reduced by the amount “medicine and drugs” shall not consti­ by which the medical deduc­ tute amounts expended for “medical year would have been greater but for the tion for 1956 would have been care”. / limitations on the maximum amount of greater than $5,000 but for (3) Status as spouse or dependent. In such deduction provided by section 213 the limitations on the maxi­ the case of medical expenses for the care (c ), then the amount of the reimburse­ mum amount provided by of a person who is the taxpayer’s spouse ment attributable to such deduction (and section 213______6, 050 or dependent, the deduction under sec­ hence includible in gross income) shall Deduction allowable for 1956______5, 000 be the amount of the reimbursement re­ Amount of reimbursement received in tion 213 is allowable if the status of such 1957 to be included in gross income person as “spouse” or “dependent” of the ceived in a subsequent year or years for 1957 as attributable to deduc­ taxpayer exists either at the time the reduced by the amount disallowed as a tion allowable for 1956______5, 000 medical services were rendered or at the deduction because of the maximum limi­ Amount to be excluded from gross in­ time the expenses were paid. In deter­ tation, but not in excess of the deduction come for 1957 ($8,000 less $5,000)__3, 000 mining whether such status as “spouse” allowed for the previous year. (h) Substantiation of deductions. In exists, a taxpayer who is legally separ­ (4) The application of subparagraphs connection with claims for deductions ated from his spouse under a decree of (1), (2), and (3) of this paragraph may under section 213, the taxpayer shall separate maintenance is not considered be illustrated by the following examples: furnish the name and address of each as married. Thus, payments made in Example (1 ). Taxpayer A, a single Indi­ person to whom payment for medical June 1956 by A, for medical services ren­ vidual (not the head of a household and not expenses was made and the amount and dered in 1955 to B, his wife, may be de­ a surviving spouse) with one dependent, is date of the payment thereof in each case. ducted by A for 1956 even though, before entitled to two exemptions under the pro­ the payments were made, B may have visions of section 151. He had an adjusted If payment was made in kind, such fact died or in 1956 secured a divorce. Pay­ gross income of $35,000 for the calendar year shall be so reflected. Claims for deduc­ 1956. During 1956 he paid $9,000 for medical tions must be substantiated, when re­ ments made in July 1956 by C, for medi­ care. A received no reimbursement for such cal services rendered to D in 1955 may be medical expenses in 1956, but in 1957 he re­ quested by the district director, by a deducted by C for 1956 even though C and ceived $6,000 upon an insurance policy cov­ statement or itemized invoice from the D were not married until June 1956. ering the medical expenses which he paid in individual or entity to which payment No. 242-— 5 10058 RULES AND REGULATIONS

for medical expenses was made showing 1956. He would not Include any part of the the nature of the service rendered, and $5,000 in his income nor take a deduction tice, the committee filed with the Ad­ to or for whom rendered; the nature of therefor. If H had paid the $1,000 to W pur­ ministrator a report containing its any other item of expense and for whom suant to court order rather than allowing the findings with respect to the matters incurred and for what specific purpose, trustees to pay it out of corpus, he would referred to it. The recommendations of the amount paid therefor and the date have been entitled to a deduction of $1,000 Industry Committee No. 35-A retained under the provisions of section 215. of the payment thereof; and by such the same classifications within t£e in­ other information as the district direc­ (d) For other examples, see sections dustry but changed the rates of pay for such classifications. tor may deem necessary. 71 and 682 and the regulations there­ under. Accordingly, as authorized and re­ § 1.215 Statutory provisions; alimony, quired by section 8 of the act, Reorgani­ etc., payments. § 1.217 Statutory provisions; cross zation Plan No. 6 of 1950 (3 CFR, 1950 Sec. 215. Alimony, etc., payments— (a) references. Supp., p. 165), General Order No. 45-A General rule. In the case of a husband de­ Sec. 217. Cross references. (1) For deduc­ of the Secretary of Labor (15 F. R. 3290), scribed in section 71, there shall be allowed tion for long-term capital gains in the case and General Order No. 85-A of the Sec­ as a deduction amounts includible under of a taxpayer other than a corporation, see retary of Labor (22 F. R. 7614), the rec­ section 71 in the gross income of his wife, section 1202. ommendations of this committee are to payment of which is made within the hus­ (2) For deductions in respect of a de­ be published in this order amending Title band’s taxable year. No deduction shall be cedent, see section 691. allowed under the preceding sentence with 29 of the Code of Federal Regulations, respect to any payment if, by reason of sec­ [ seal] R ussell C. Harrington, effective December 30, 1957, as follows: tion 71 (d) or 682, the amount thereof is Commissioner of Internal Revenue. 1. Part 702 is hereby revoked. not includible in the husband’s gross in­ 2. Part 675 is amended to read as fol­ come. Approved: December 5, 1957. lows: (b ) Cross reference. For definitions of Fred C. Scribner, Jr., Sec. “husband” and “wife”, see section 7701 (a) (17). Acting Secretary of the Treasury. 675.1 Definition. [P. R. Doc. 57-10362; Filed, Dec. 13, 1957; 675.2 Wage rates. § 1.215-1 Periodic alimony, etc., pay­ 8:51 a. m.] 675.3 Notices. ments. (a) A deduction is allowable A u t h o r it y : §| 675.1 to 675.3 issued under under section 215 with respect to periodic sec. 8, 52 Stat. 1064, as amended; 29 U. S. C. payments in the nature of, or in lieu of, TITLE 29—-LABOR 208. Interpret or apply sec. 5, 52 Stat. 1062, alimony or an allowance for support ac­ as amended; 20 U. S. C. 205. tually paid by the taxpayer during his Chapter I— National Labor Relations taxable year and required to be included Board § 675.1 Definition. The lumber and in the income of the payee wife or former wood products industry in Puerto Rico art 102— ules and egulations wife, as the case may be, under section P R R is defined as logging and the manufac­ 71. As to the amounts required to be Series 6 ture of all products made from lumber, wood and related materials, including, included in the income of such wife or MISCELLANEOUS AMENDMENTS- former wife, see section 71 and the regu­ but without limitation*, sawmill prod­ Correction lations thereunder. For definition of ucts; planing and plywood mill products; “husband" and “wife” see section 7701 In Federal Register Document 57-9972, furniture; office and store fixtures; boxes (a ) (17). published at page 9651 of the issue for and containers; cooperage; window and (b) The deduction under section 215 Tuesday, December'S, 1957, the follow­ door screens and blinds; caskets and is allowed only to the obligor spouse. It ing change should be made: In the fifth coffins; matches; wood preserving; trays, is not allowed to an estate, trust, corpo­ line of amendatory paragraph 4c, the bowls, and other woodenware; excelsior, ration, or any other person who may pay word “unchallenged” should read “chal­ cork, bamboo, rattan, and willowware the alimony obligation of such obligor lenged”. articles such as hampers, baskets, coast­ spouse. The obligor spouse, however, is ers, and table pads; and charcoal: Pro­ not allowed a deduction for any periodic vided, however, That the definition shall payment includible under section 71 in not include any product or activity in the income of the wife or former wife, Chapter V— Wage and Hour Division, the button, jewelry, and lapidary work which payment is attributable to prop­ Department of Labor industry (22 F. R. 3852), the construc­ tion, business service, motion picture, erty transferred in discharge of his ob­ art 675 umber and ood roducts P —L W P and miscellaneous industry, as defined ligation and which, under section 71 (d) I ndustry in Puerto R ico or section 682, is not includible in his in the Administrative Order appointing gross income. P art 702—Handicraft P roducts Industry Committee No. 35—B for Puerto (c) The following examples, in which I ndustry in P uerto R ico Rico, the metal, machinery, transporta­ tion equipment, and allied products in­ both H and W file their income tax rer revocation and wage order giving effect dustry (22 F. R. 6633), the straw, hair, turns on the basis of a calendar year, TO RECOMMENDATIONS illustrate cases in which a deduction is or and related products industry (22 F. R. is not allowed under section 215: Pursuant to section 5 of the Fair Labor 3931) , or in the paper, paper products, Standards Act of 1938 (52 Stat. 1060, as printing and publishing industry (22 Example ( 1). Pursuant to the terms of a amended; 29 U. S. C. 201 et seq.), the F.R . 7559). decree of divorce, H, in 1956, transferred se­ Secretary of Labor by Administrative curities valued at $100,000 in trust for the § 675.2 Wage rates, (a) Wages at a benefit of W, which fully discharged all his Order No. 492 (22 F. R. 8265), appointed, convened, and gave notice of the hearing rate of not less than $1 an hour shall be obligations to W. The periodic payments paid under section 6 of the Fair Labor made by the trust to W are required to be of Industry Committee No. 35-A to rec­ included in W ’s income under section 71. ommend the minimum wage rate or rates Standards Act of 1938 by every employer Such payments are stated in section 71(d) to be paid under section 6 (c) of the act to each of his employees in the carpet not to be includible in H’s income and, to employees in the lumber and wood grippers classification of the lumber and therefore, under section 215 are not de­ products industry in Puerto Rico, who' wood products industry in Puerto Rico, ductible from his income, are engaged in commerce or in the pro­ wno is engaged in commerce or in the Example (2). A decree of divorce ob­ duction of goods for commerce. The production of goods for commerce, and tained by W from H incorporated a previous this classification shall be defined as the agreement of H to establish a trust, the definition of this industry has been broadened to include certain activities manufacture of carpet grippers or tack­ trustees of which were instructed to pay W less carpet strips. $5,000 a year for the remainder of her life. involved in the production of goods from The court retained jurisdiction to order H excelsior, cork, bamboo, rattan, and wil- (b) Wages at a rate of not less thpn to provide further payments if necessary for lowware, which were formerly included 70 cents an hour shall be paid under the support of W. In 1956 the trustee paid in the handicraft products industry in section 6 of the Fair Labor Standards to W $4,000 from the income of the trust Puerto Rico. Otherwise the definition Act of 1938 by every employer to each of and $1,000 from the corpus of the trust. remains the same. his employees in the lumber, and mill- Under the provisions of sections 71 and 682 Subsequent to an investigation and a work classification of the lumber and (k)»W would include $5,000 in her income for hearing conducted pursuant to the no­ wood products industry in Puerto Rico, Saturday, December l i t 1957 FEDERAL REGISTER 10059 who is engaged in commerce or in the classifications, specifications of contain­ By virtue of the authority vested in production of goods for commerce, and ers, packing, marking, labeling, and me as Commandant, United States Coast this classification shall be defined as certifications, which are now in ef­ Guard, by Treasury Department Orders logging; the manufacture of sawmill, fect for land transportation. Various 120, dated July 31, 1950 (15 F. R. 6521), planing mill, and plywood mill products amendments to the Dangerous Cargo 167-14, dated November 26,1954 (19 F. R. (except carpet grippers); and the manu­ Regulations in 46 CFR Part 146 have 8026), and CGFR 56-28, dated July 24, facture of millwork, including sashes, been included in this document in order 1956 (21 F. R. 5659), to promulgate the doors, moldings, window frames, window that these regulations governing water regulations in accordance with the stat­ and door screens and blinds, and similar transportation of certain dangerous car­ utes cited with the regulations below, the building materials. goes will be as nearly parallel as prac­ following amendments are prescribed, as (c) Wages at a rate of not less than ticable with the regulations of the well as corrections to a prior document, 57 V2 cents an hour shall be paid under Interstate Commerce Commission whicft and shall become effective on December section 6 of the Fair Labor Standards governed the land transportation of the 31,1957. Act of 1938 by every employer to each same commodities. SUBPART— LIST OP EXPLOSIVES OR OTHER of his employees in the furniture, Since the amendments in this docu­ DANGEROUS ARTICLES CONTAINING THE woodenware, and miscellaneous wood ment are revised requirements to agree SHIPPING NAME OR DESCRIPTION OF AR­ products classification of the lumber and with existing ICC regulations or are edi­ TICLES SUBJECT TO THE REGULATIONS IN wood products industry in Puerto Rico, torial in nature, it is hereby found that THIS SUBCHAPTER who is engaged in commerce or in the compliance with the Administrative Pro­ production of goods for commerce, and cedure Act respecting notice of proposed Various items in § 146.04-5 List of ex­ this classification shall be defined as the rule making, public rule making proce­ plosives and other dangerous articles and manufacture of all products, and all dures thereon, and effective date require­ combustible liquids are amended, added, activities, included in the lumber and ments thereof, is unnecessary. and canceled, as follows: wood products industry in Puerto Rico, except those products and activities in­ 1. Amended cluded in the carpet grippers classifica­ Present wording— To read— tion and the lumber and millwork Alcohol, allyl, liquid * * ------Alcohol allyl * • *. * * • classification. * * * * Alcohol, wood (methanol) * * *------Alcohol, wood (methanol, methyl alcohol) § 675.3 Notices. Every employer * * * subject to the provisions of § 675.2 shall * * * • * • • post in a conspicuous place in each de­ Allyl alcohol (see; "Alcohol, allyl, liquid”) Allyl alcohol (see: “Alcohol, allyl”) • • •. partment of his establishment where * * * employees subject to the provisions of * * * • * • • § 675.2 are working, such notice of this Ammonium bichromate * * *------Ammonium bichromate (ammonium di­ part as shall be prescribed from time to chromate) * * *. time by the Administrator of the Wage * * • * * * • and Hour Division of the United States Amyl nitrate * * *------■ Amyl nitrite * * *. Department of Labor and shall give such * * * * * • • other notice as the Administrator may Benzyl bromide (see: "a-Bromotoluene”) — - Benzyl bromide (bromotoluene, alpha) prescribe. Cor. L. White. Signed at Washington, D. C., this 11th • • * * * * • day of December, 1957. a-Bromotoluene * * * ------Bromotoluene, alpha ♦ * *. • * * * * * • Clarence T. Lundquist, Dicumyl peroxide, solid (see: "Cumene Acting Administrator. Dicumyl peroxide (see: "Cumene hydro­ peroxide”) * * *. hydroperoxide”) * * *. [F. R. Doc. 57-10373; Filed, Dec. 13, 1957; * * * * * • • 8:53 a. m.] Dinitrochlorbenzol, solid (dinitrochlor- Dinitrochlorbenzol, solid (dinitrochloro- benzene”) * * *. benzene, chlorodinitrobenzol) * * •. TITLE 46— SHIPPING * * * • * * * * Mercuric sulfocyanate, solid (see: " Mercury Mercuric sulfo cynatefe solid (mercuric Chapter I— Coast Guard, Department compounds, solid") * * *. thiocyanate) (see: "Mercury compounds, of the Treasury solid”) * * *. * * * * * * * Subchapter N— Explosives or Other Dangerous Mercury bichloride, solid (see: " Mercury Mercury bichloride, solid (mercuric chlo­ Articles or Substances and Combustible Liquids compounds, solid") * * *. ride) (see: "Mercury compounds, solid”). on Board Vessels * * ♦ * * * • [CGPR 57-49] Methanol ( methyl hydrate) ( methyl alco­ Methanol (methyl alcohol) (see: "Alcohol hol) (see: "Alcohol or alcohol, N. O. S.”) or alcohol, N. O. S.”) Part 146— T ransportation or Stowage A t op Explosives or Other Dangerous * * * * * * • Articles or Substances and Com­ bustible Liquids on Board Vessels Mixture of hydrofluoric and sulfuric acids Mixtures of hydrofluoric and sulfuric acids * * * (see: "Hydrofluoric and sulfuric acids, MISCELLANEOUS AMENDMENTS mixtures”) . * • * ♦ * • ' • The provisions of R. S. 4472, as * amended, 46 U. S. C. 170, require that Propellant explosives, Class A explosives Propellant explosives, Class A * * *. * ♦ * the land and water regulations govern­ « • * • ing the transportation of dangerous * *• articles or substances shall be as nearly Propellant explosives, Class B explosives Propellant explosives, Class B * * *. parallel as practicable. The provisions * * * in 46 CFR 146.02-18 and 146.02-19 make Smokeless powder for cannon or small arms Smokeless powder for cannon or small arms (see: “Propellant explosives” or “High ex­ (see: “Propellant explosives, Class A ” or the Dangerous Cargo Regulations ap­ plosives”). "High explosives”) . plicable to all shipments of dangerous • * * • * • • cargoes by vessels. The Interstate Com­ merce Commission in orders Nos. 30 2. Added. * • * * * * * through 33 has made changes in the ICC regulations with respect to the defi­ Cigarette lighters charged with fuel (see: "§ 146.1 i-3 (d )”)- nitions, descriptions, descriptive names, * ' * * * * • • 10060 RULES AND REGULATIONS

Chlorodinttrobenzol (see: “ Dinitrochlor benzol, solid” ). primer, and a propelling charge, with or * * * * • • m without bullet, shot, tear gas material, Hydrofluoric and sulfuric acids, m ixtu res...______Cor. L.W hite, tracer components, or incendiary com­ * * * * * • • positions or mixtures, but not including Lighter fluid (see: "C igar and cigarette lighter fl u M ) . „ . . . . . _____... ______..... inf. L ...... Ketf, bullets loaded with high explosives, and * » * • • *■ * is further limited to the following: ♦Mercaptan mixtures, aliphatic______...... ______.... Comb. L. (1) Ammunition designed to be fired •Mercaptan mixtures, aliphatic (see: “Mercaptan»”) ______” 11111111 Inf. L ’ R ed Mercaptans (see: “ § 146.21-100” ). from a pistol, revolver, rifle or shotgun • * * .*•' » » * held by the hand or to the shoulder. Mercuric chloride, solid (see: “Mercury compounds, solid/’) ______Pois. B ... ____... Poison. (2) Ammunition of caliber less than • * • • * • » .75 designed to be fired from machine M eth yl alcohol (methanol) (see: “ Alcohol or alcohol, N . O. S.” >__ .... ______in f. t . guns. * * * • • » * (3) Blank cartridges including canopy Nitric ether (see: “ E th yl nitrate” ). remover cartridges, starter cartridges, • • • • • * * and seat ejector cartridges, containing Self-lighting cigarettes (see: “ î 146.05-3 (d) ” ). not more than 250 grains of propellant • * * * » * * powder. •Weed killing compounds, liquid (seer “ ""Compounds, tree or weed killing, liquid” ). 4. Section 146.20-100 Table A—Class­ 3. Canceled. ification: Class A ; dangerous explosives * * • ■* • » • is amended as follows: Amend “Propel­ •Aliphatic mercaptan mixtures. ______:______; Comb. L . lant explosives, Class A explosives” as •Aliphatic mercaptan mixtures (see: “'Mercaptan»"}...______Inf, l ,______Red. follows: * * / ♦ ■ * * • * a. In column 1, Descriptive name of •Charcoal, activated (‘ carbon activated)______...... ___..... ______.... Inf. g ______Yellow. article, change the item to read: *..*.’ * *. • * * Mercuricyanamid, solid (see: “Mercury compound», solid”) ______Pols. B ._. ______Poison. Propellant explosives, Class A. * • * » • » * b. In column 2, Characteristic proper­ Hydrofluoric and sulfuric acids, mixtures (see: “ Mixtures of hydrofluoric and C o r .L ...... W hite. sulfuric acids"’). ties, etc., change the text to read as follows:: Propellant explosives, Class A, are solid SUBPART— SHIPPER’S REQUIREMENTS RE: presence of a crater and the absence of chemicals or chemical mixtures which are designed to function by rapid combustion p a c k i n g , M a r k i n g , l a b e l l i n g a n d s h i p ­ flame shall be considered as evidence of of successive layers, generally with little or p i n g PAPERS detonation. no smoke. The combustion is controlled by 1. Section 146.05-3 is amended by 2. Section 146.20-9 is amended by composition, size, and. form of grain. Pro­ changing the title, and adding a new changing paragraph (e) to read as fol­ pellant explosives. Class A, include some paragraph (d) as follows:. lows: types of smokeless powder and some types of solid propellant explosives for jet thrust § 146;05-3 Prohibited packing. * * * § 146.20-9 Class B explosives. * * * units, rockets or other devices. (d) The offering for transportation of (e) Propellant explosives, Class B, are Each outside container must be plainly any package containing a cigarette solid chemicals or solid chemical mix­ marked: “Propellant explosives, Class A”. lighter charged with fuel and equipped tures whieh function by rapid combustion 5. Section 146.20-200 Table B—Clas­ with an ignition element, or any similar of successive layers, generally with little sification: Class B ; less dangerous ex­ heating, lighting, or ignition device, or or no smoke. The combustion is con­ plosives is amended as follows: Amend any self-lighting cigarette, is prohibited trolled by composition, size, and form “Propellant explosives, Class B explo­ unless the design and method of packag­ of grain. Any propellant explosive is sives” as follows: ing are such that functioning of the Class B which fails to detonate in five a. In column 1, Descriptive name of device is not possible incident to trans­ trials when tested in the packages in article, change the item to read: portation. which it is offered for shipment. In Propellant explosives, Class B. SUBPART— DETAILED REGULATIONS GOVERN­ conducting the test, one propellant con­ b. In column 2, Characteristic proper­ ING EXPLOSIVES tainer shall be surrounded by inert loaded containers of the same weight, in­ ties, etc., change the text to read as 1. Section 146.20-7 is amended bycluding one inert container placed on top follows: changing paragraph (v) to read as of the propellant container. The pro­ Propellant explosives, Class B, are solid follows: pellant shall be ignited by means of a chemicals or solid chemical mixtures w h ich § 146.20-7 Class A explosives. * * * commercial electric squib placed within function by rapid combustion of successive (v) Type 9. Propellant explosives,4 inches of the bottom of the container. layers generally with little or no smoke. T h e combustion is controlled by composition, Class A, are solid chemicals or solid mix­ The presence of a crater and absence of flame shall be considered as evidence of size, and form of grain. Propellant ex­ tures which are designed to function by plosives, Class B, include smokeless pow der rapid combustion of successive layers, detonation. Propellant explosives,^Dlass for small arms, smokeless powder for can non, generally with little or no smoke. The B, include smokeless powder .for small smokeless powder or solid propellant fo r combustion is controlled by composition, arms, smokeless powder for cannon, rockets, jet thrust units, or other devices. size, and form of grain. Propellant ex­ smokeless powder or solid propellant ex­ Black powder is not classified as a pro­ plosives, Class A, include .some types of plosives for rockets, jet thrust units, or pellant explosive. (See: Black powder, smokeless powder and some types of other devices. Black powder is not in­ § 146.20-100.) cluded in this classification and is de­ Propellant explosives as prepared for ship­ solid propellant explosives for jet thrust ment that are sensitive t o , detonation are units, rockets or other devices. Any fined in § 146.20-7 Ca>. Fire extin­ Class A explosives. (See: Propellant explo­ propellant explosive in Class A which guisher charges containing not to ex­ sives, Class A, § 146.20-100.) detonates in any one out of five trials ceed 50 grains of propellant explosives Each outside container must be plainly when tested in the packages in which it is per unit are exempt from the regulations marked: “Propellant Explosives, Class B”. offered for transportation. In conduct­ in this part. 6. Section 146.20-300 Table C— Classi­ ing the test, one propellant container 3. Section 146.20-11 is amended by fication: Class C ; relatively safe explo­ shall be surrounded by inert loaded con­ sives is amended as follows: Amend tainers of the same weight, including one changing paragraph (a) to read as fol­ lows: “Small-arms ammunition” as follows: In inert container placed on top of the columns 4, 5, 6 and 7, under “Outside propellant container. The propellant § 146.20-11 Class C explosives. * * * containers” insert the following: shall be ignited by means of a commer­ (a) Small arms animunition is fixed Strong wooden boxes, flberboard boxes or cial electric squib placed within 4 inches ammunition consisting of a metallic metal containers with ammunition con­ of the bottom of the container. The composition or paper cartridge case, a tained in metal clips. Saturday, December 14, 1957 FEDERAL REGISTER 10061

SUBPART— DETAILED REGULATIONS GOVERN­ c. Amend the item “Mercaptans, etc.” f. Amend “Phosphorus, white or yel­ ING INFLAMMABLE LIQUIDS as follows: low, in water” as follows: In column 4, i. In column 1, Descriptive name ofRequired conditions for transporta­ 1. Section 146.21-100 Table D— Classi­ article, change “Aliphatic mercaptan tion— Cargo vessel, under “Outside con­ fication: Inflammable liquids is amended mixtures” to read: tainers” change “Tank cars, etc.” to by changing various items as follows: read: a. Amend the following items as indi­ Mercaptan mixtures, aliphatic. Tank cars complying,with ICC regulations. cated: li. In column 1, insert: (1) Acetaldehyde. ( Warning or odorizing devices containing SUBPART— DETAILED REGULATIONS GOVERN­ (2) Acetone, etc. not more than one ounce of a mercaptan ING CORROSIVE LIQUIDS (3) Alcohol or alcohol, N. O. S. or mixture in a hermetically sealed container 1. Section 146.23-30 is amended by (4) Allyl bromide. or sealed portion of the device are not sub­ (5) Amyl nitrite. ject to the regulations in this part. changing the entries “a-Bromotoluene” (6) Anti-freeze compounds, liquid. and “Mixtures of hydrofluoric and sul­ (7) Benzene (ben zol), etc.* iii. In column 4, under “Outside con­ furic acid” in paragraph (c) to read as (8) Box toe gum. tainers” insert: follows: (9) Butyl acetate. (10) Butyraldehyde. Specification cylinders as prescribed for § 146.23-30 Exemptions for corrosive (11) Cement, leather, etc. any compressed gas except acetylene. liquids. * * * (12) Cigar and cigarette lighter fluid. SUBPART— DETAILED REGULATIONS GOVERN­ Bromotoluene, alpha. (13) Coal tar distillate. ING INFLAMMABLE SOLIDS AND OXIDIZING Hydrofluoric and sulfuric acids, mixtures. (14) Collodion. (15) Compounds, cleaning, liquid, etc. MATERIALS 2. Section 146.23-100 Table F— Classi­ (16) Compounds, tree or weed killing, 1. Section 146.22-25 Exemptions for fication: Corrosive Liquids is amended as liquid. inflammable solids and oxidizing ma­ follows: (17) Crotonoldehyde. terials is amended by inserting in the list a. Amend “Acids, liquids, N. O. S.” as (18) Crude oil, petroleum . (19) Cyclohexane. in paragraph (d) the material “Hafnium follows: In column 4, Required conditions (20) Diethylamine. metal powder or sponge, dry”, “Hafnium for transportation— Cargo vessel, under (21) Dimethylamine aqueous solution. metal powder, wet or sludge”, “Dimethyl- “Outside containers” delete the present (22) Drugs, chemicals, medicines or cos­ hexane dihydroperoxide”. wording and insert: metics, N. O. S., etc. 2. Section 146.22-100 Table E— Clas­ Outside containers: (23) Ether. * sification— Inflammable solids and ox­ Carboys, glass, in boxes, kegs or plywood .(24) Ethyl acetate. idizing materials is amended by changing drums: (25) Ethylene dichloride, etc. (ICC-1A, IB, 1C, IE ) not over 13 gal. cap. (26) Ethyl form ate. various items as follows: (ICC—ID ) not over 6% gal. cap. (27) Ethyl m ethyl ketone, etc. a. Amend “Ammonium bichromate” For export only (ICC-1X) not over 6 (28) Ethyl nitrite (nitrous ether). as follows: In column 1, Descriptive gal. cap. (29) Gas drips, hydrocarbon. name of article, change the item to read Carboys, lead, metal jacketed (ICC-28) (30) Heptane. as follows: not over 15 gal. cap. (31) Hexane. Ammonium bichromate (ammonium di­ Carboys, polyethylene, in plywood boxes, (32) Inflam m able liquids, N. O. S. drums or wooden boxes (ICC-1F, 1G) (33) Insecticide liquid (vermin extermi­ chromate) . not over 15 gal. cap. n ato r). ,1 . . .'(■'V’-i' b. Amend the following items as in­ Metal barrels or drums: (34) Isooctane. dicated : (ICC—5A, 5C, 5M) not over 110 gal. cap. (35) Isopentane. (ICC-5D) rubber lined, not over 110 (36) Isopropyl acetate. (1) Beyzoyl peroxide, dry. gal. cap. (37) Methyl acetate. (2) Ohlorobenzoyl peroxide (para), dry. (ICC-5H) lead lined, not over 110 gal. (38) Methyl form ate. (3) Lauroyl peroxide, dry. cap. (39) Methyl iso-propenyl ketone, in­ (4) Succinic acid peroxide, dry. (ICC-17C, 17E, 17F) STC, not over 55 hibited. gal. cap. (40) Methyl methacrylate monomer. In columns 4, 5, 6 and 7, change “Fiber- (ICC—17H, 37A, 37B) STC, lined, not over (41) M otor fuel, N. O. S. board boxes (ICC-12B), etc.” to read: 5 gal. cap. (42) Neohexane. Fiberboard boxes (ICC-12B) WIC, not over (ICC-6J) W IC ICC-2S, polyethylene, not (43) Oil, etc. 50 lb. net wt. over 55 gal. cap. (44) Pentane. Rubber drums (ICC-43A) not over 30 gal. .(45) Peroxides, organic, liquid N. O. S. c. Amend the following items as in­ cap. (46) Propylene oxide. dicated: Wooden barrels or kegs: (47) Pyridine. (1) Benzoyl peroxide, wet. (ICC-10A) asphalt lined, not over 50 (48) Resin solution. (2) Ohlorobenzoyl peroxide, wet. gal. cap. (49) . Sodium methylate, alcohol mixture. (3) Lauroyl peroxide, wet. (ICC-11A, 11B) WIC, not over 200 lb. (50) Solvents, N. O. S. etc. (4) Succinic acid peroxide, wet. net wt. (51) Toluol (toluene), Wooden boxes (ICC-15A, 15B, 15C, 16A, (52) Turpentine substitutes. In columns 4, 5, 6 and 7, under “Outside 19A) WIC, not over 200 lb. gr. wt. (53) Vinylidene chloride, inhibited. containers” insert: Fiberboard boxes (ICC-12A, 12B) W IC, (54) Xylol (xylene). Fiberboard boxes (ICC-12B) WIC, not over not over 65 lb. gr. wt. Id columns 4, 5, 6 and 7, under “Out­ 50 lb. net wt. N ote : Specification containers shall be of a side containers, Steel barrels or drums”, d. Delete the item “Charcoal, acti­ design and constructed of materials that will if permitted, insert : not react dangerously with nor be decom­ vated, carbon activated” and all wording posed by the chemical packed therein. (ICC-17H, 37A) W IC of glass, not over 9 pertaining thereto in columns 2, 3, 4, 5, pints c a p a c ity ea ch . 6 and 7. ^ Amend the following items as indi­ b. Amend the item “Dimethylhydra- e. Amend “Cumene hydroperoxide, cated: Z1iie, etc.” as follows: etc.” to read: (1) Antimony pentachloride, solution. (2) Compounds, cleaning, liquid, etc. i. In column 4, Required conditions for Cumene hydroperoxide (strength not ex­ (3) Corrosive liquids, N. O. S. transportation—Cargo vessel, under ceeding 90% in a nonvolatile solvent). Authorized only for dimethylhydrazine, (4) Drugs, chemicals, medicines, or cos­ ^symmetrical, Metal barrels or drums”, In column 4, Required conditions for metics, N. O. S. delete: transportation— C a r g o vessel, under (5) Hydriodic acid. 17H. “Outside containers” change “Author­ In columns 4, 5, 6 and 7, where appli­ ized for 75 percent or less Cumene hydro­ cable under “Outside containers” change «. In column 4, under “Authorized peroxide, etc.” to read: “Fiberboard boxes (ICC-12B) etc.” to only for dimethylhydrazine, unsymmetri- Authorized for 75 percent or less Cumen* read: cal, add: hydroperoxide in a nonvolatile solvent: Fiberboard boxes (ICC-12A, 12B) WIC, Tank cars complying with ICC regulations. Tank cars complying with ICC regulations. not over 65 lb. gr. wt. 10062 RULES AND REGULATIONS

c. Amend the item “a-Bromotoluene, In columns 5, 6 and 7, insert: (9) Nitroxylol. (10) Poisonous liquids, N. O. S. etc.” as follows: In column 1, Descrip­ Not permitted. tive name of article, delete the present (11) Sodium arsenite (solution), liquid. wording and insert: I. Delete the item “Mixtures of hydro­ In columns 4, 5, 6 and 7, under “Outside fluoric and sulfuric acids, etc.” and all Bromotoluene, alpha. containers” if permitted, insert: Benzyl bromide. wording pertaining thereto in columns 2, 3, 4, 5, 6 and 7.. Aluminum drums: d. Amend the item “Electrolyte (acid) (ICC-42B, 42C, 42D, 42E) not over 55 gal. j. Amend “Phosphorus tribromide” as cap. or corrosive battery fluid” as follows: follows: In column 4, Required condi­ In columns 4 and 7, under “Outside con­ tions for transportation— Cargo vessel, c. Amend “Dinitrochlorbenzol, solid, tainers” change “Fiberboard boxes (IC C - under “Outside containers” insert: etc.” as follows: In column 1, Descrip­ 12B, 1 2 0 , etc.” to read: Nickel drums (ICC-5K ) not over 10 gal. tive name of article, insert the following: Fiberboard boxes (ICC-12A, 12B, 12C) cap. ( Chlorodinitrobenzol). WIC, not over 65 lb. gr. wt. Monel drums (ICC-5M ) not over 10 gal. d. Amend “Mercuric sulfocyanate, cap. solid” as follows: In column 1, Descrip­ e. Amend “Formic acid, Formic acid tive name of article, change the item to solution” as follows: In columns 4, 5, k. Amend “Sodium chlorite solution, read: 6 and 7, under “Outside containers” etc.” as follows: In columns 4, 5, 6 and change “Fiberboard boxes (ICC-12B), 7, under “Outside containers” change Mercuric sulfo cyanate, solid (mercuric thiocyanate). etc.” to read: “Fiberboard boxes (ICC-12B) etc.” to read: Fiberboard boxes (ICC-12A, 12B) WIC, e. Delete the item “Mercuricyanamid, not over 65 lb. gr. wt. Fiberboard boxes (ICC-12A, 12B) WIC, not solid” and all marking appearing in over 65 lb. gr. wt. columns 2 and 3. f. Amend “Hydrobromic acid” as fol­ f. Amend “Mercury bichloride, solid” lows: In columns 4, 5, 6 and 7, under l. Amend “Sulfuric acid (oil of vitriol) ” as follows: In column 1, Descriptive “For hydrobromic acid riot over 49% as follows: name of article, change the item to read: strength” insert: i. In columns 4, 6 and 7, under “For sulfuric acid of concentrations not to Mercury bichloride, solid (mercuric chlo­ Fiberboard boxes (ICC-12A) WIC, not over ride). 65 lb. gr. wt. exceed 95%, etc.” change “Carboys, polyethylene, etc.” to read: g. Amend the following items as indi­ g. Amend “Hydrofluoric acid” as fol­ Carboys, polyethylene, in wooden boxes, cated: lows : plywood drums or boxes, or metal crates i. In column 4, Required conditions (1) Parathion mixtures, liquid, etc. (ICC-1F, 1G, 1H) not over 13 gal. cap. (2) Tetraethyl pyrophosphate mixtures, for transportation— Cargo vessel, delete liquid, etc. “Hydrofluoric acid not over 60% ii. In columns 4, 6 and 7, -under “For strength” and the container require­ sulfuric acid concentrations not to ex­ In columns 4, 5, 6 and 7, under “Outside ments therefor. ceed 51%, etc.” delete “Carboys, poly­ containers, Steel barrels or drums”, in­ ii. In column 4, under “Hydrofluoric ethylene, etc.” sert: iii. In columns 4, 5, 6 and 7, under acid not over 70% strength” insert: (ICC-17E) STC, not over 5 gal. cap. “For sulfuric acid of any concentration” Steel barrels or drums (ICC-6J) W IC insert: SUBPART— DETAILED REGULATIONS GOVERN­ (ICC-2S polyethylene drum) not over 55 gal. ING COMBUSTIBLE LIQUIDS cap. Fiberboard boxes (ICC-12A) WIC, not over Carboys, polyethylene, In plywood boxes, 65 lb. gr. wt. 1. Section 146.26-100 Table J—Clas­ drums or wooden boxes (ICC-1F, 1G) not iv. In columns 4 and 7, under “For sul­ sification: Combustible liquids is amend­ over 13 gal. cap. furic acid of concentrations 62.25% etc.” ed as follows: Amend the item “Aliphatic h. After “Hydrofluoric acid, anhy­ change “Tank cars (ICC-103A, 103A-W) mercaptan mixtures” as follows: In col­ drous” insert the following: to read: umn 1, Descriptive name of article, de­ lete the present wording and insert: i. In column I, Descriptive name of Tank cars complying with ICC regulations. article, insert: Mercaptan mixtures, aliphatic. SUBPART— DETAILED REGULATIONS GOVERN­ Hydrofluoric and sulfuric acids, mixtures. CORRECTIONS TO PRIOR DOCUMENT ING POISONOUS ARTICLES ii. In column 2, Characteristic proper­ 1. Section 146.25-200 Table H— Classi­ The Coast Guard Document CGFR 57- ties, cautions, marking required, insert: fication: Class B; less dangerous poisons 34 and Federal Register Document 57- Mixtures of hydrofluoric acid and sufuric is amended as follows: 8889, published in the Federal R egister acid, containing not more than 80% by a. Amend “Alcohol, allyl, liquid, etc.” of October 29, 1957 is corrected in the weight and not less than 70% by weight of as follows: following respects: hydrofluoric acid and sulfuric acid combined, i. In column 1, Descriptive name of a. Under “Subpart— Cargo Handling with the hydrofluoric acid content not less article, change the item to read: and Stowage Devices, U. S. Coast Guard than 25 % by weight in any case. Container Specifications” (22 F. R. 8571), A clear, colorless, syrupy liquid with a pun­ Alcohol, allyl. the instruction for revising § 146.09-2 gent odor. Extremely corrosive to textiles, metals and tissue. ii. In column 4, Required conditions is corrected by inserting “first sentence Reacts violently with water to develop for transportation— Cargo vessel, under of” immediately before “paragraph (b) heat. “Outside containers” insert: (1 )”. Regula­ Wash quickly with large quantities of water Aluminum drums: b. Under “Subpart—Detailed Hf accidentally spilled on skin or clothing. (ICC—42B, 42C, 42D, 42E) not over 55 tions Governing Inflammable Liquids Keep dry. gal. cap. (22 F. R. 8581), the amendment to § 146.21-65 is corrected in the following iii. In column 9, Label required, insert: b. Amend the following items as indi­ respects: White. cated: 1. The text of paragraph (b), which iv. In column 4, Required conditions (1) Arsenic chloride (arsenous), liquid, was indicated as being omitted, shall be for transportation— Cargo vessel, insert: etc. deleted. (2) Arsenical compounds or mixtures, 2. The paragraph “(d)" shall be re­ N. O. S. liquid, etc. Stowage: designated as paragraph “ (b )”. “On deck protected.” (3) Compounds, tree or weed killing, Outside containers: liquid. c. Under “Subpart— Detailed Regula­ Steel barrels or drums: (4) Dinitrobenzol, liquid. tions Governing Inflammable Liquids” (ICC-5A) not over 55 gal. cap. (5) Drugs, chemicals, medicines or cos­ (22 F. R. 8606), the amendment to metics, N. O. S. (liquid) § 146.21-100 is corrected by changing N ote: Drums must have been properly (6) Insecticide, liquid. passified or neutralized as required by ICC (7) Nicotine hydrochloride, etc. “Isopropyl (acetate)” to read “Isopropyl regulations. (8) Nitrobenzol, liquid ( oil of mirbane). acetate”. Saturday, December 14, 1957 FEDERAL REGISTER 10063

d. Under “Subpart— Detailed Regula­ sinister a bundle of seven arrows, in his For the purpose of this order, the shoe tions Governing Poisonous Articles” (22 beak a scroll inscribed “E Pluribus and related products industry in Puerto F. R. 8706), the amendment to § 146.25- Unum,” bearing a shield paleways of 13 Rico is defined as follows: 30 (a) (3) is corrected by correctly spell­ pieces argent and gules, a chief azure; The manufacture or partial manufac­ ing “which” in the first line. all within an encircling inscription “In­ ture of footwear from any material and e. Under “Subpart— Detailed Regula­ terstate Commerce Commission, 1887,” by any process except knitting, crochet­ tions Governing Poisonous Articles” (22 and a decorative outer border. ing, vulcanizing of the entire article, F. R. 8715), the amendment to § 146.25- '(b) Colors. When illustrated in color, vulcanizing of the sole to the upper, or 200 is corrected by changing “Nitroxylel” the background is National Flag blue, the molding plastic, including, but without to read “Nitroxylol”. eagle and olive branch proper, and the limitation, shoes, slippers, sandals, moc­ arrows, stars, scroll and encircling in­ casins, boots, boot tops, puttees (except (R. S. 4405, as amended, 4462, as amended, 4472, as amended; 46 U. S. C. 375, 416, 170. scription white. The motto is of the spiral puttees), athletic shoes, burial Interpret or apply sec. 3, 68 Stat. 675, 50 same blue as the background, and the shoes, and shoes completely rebuilt in U. S. C. 198; E. O. 10402, 17 P. R. 9917, 3 blue of the shield is a medium shade. a shoe factory; the manufacture from CFR, 1952 Supp.) The outer border of the seal and the edge any material (except rubber, composi­ tion of rubber, or plastic, molded to Dated: December 6, 1957. of the shield are gold color. shape) of cut stock and findings for [ s e a l ] J. A. H i r s h f i e l d , footwear, including, but without limita­ Rear Admiral, U. S. Coast Guard, tion, heels, linings, vamps, quarters, out- Acting Commandant. soles, midsoles, insoles, taps, lifts, rands, toplifts, bases, shanks, boxtoes, counters, [P. R. Doc. 57-10352; Filed, Dec. 13, 1957; 8:48 a. m.] stays, stripping, sock linings, heel pads, pasted shoe stock, and bows, ornaments, and trimmings designed exclusively for TITLE 49— TRANSPORTATION use on shoes; and the manufacture of boot and shoe patterns: Provided, how­ Chapter I— Interstate Commerce ever, That this industry shall not include Commission the manufacture of bows, ornaments and trimmings by a manufacturer not other­ P art 0— T he C om m ission wise covered by this industry (except bows, ornaments, and trimmings de­ At a General Session of the Interstate signed exclusively for use on shoes); and Commerce Commission, held at its office the manufacture of wood-heel blocks. in Washington, D. C., on the 22d day of Industry Committee No. 36-B is com­ November A. D. 1957. posed of the following representatives: The provision in section 17 (3) of the For the public: David W. Louisell, Chair­ Interstate Commerce Act (49 U. S. C. 17 (Sec. 12, 24 Stat. 383, as amended; 49 U. S. C. man, Berkeley, Calif.; W. Ellison Chalmers, (3) ), that the seal of the Interstate Com­ 12. Interprets or applies sec. 17, 40 Stat. 270, Champaign, 111.; Hiram R. Cancio, Rio as amended; 49 U. S. C. 17) merce Commission shall be judicially Piedras, Puerto Rico. noticed, being under consideration, and Notice of this order shall be given to For the employees: George O. Fecteau, heretofore no official description of such the general public by depositing a copy Washington, D. C.; Alberto E. Sanchez, San- seal having been published: thereof in the Office of the Secretary of turce, Puerto Rico; Edward Friss, New York, It is ordered, That the seal of the In­ N. Y. the Commission, Washington, D. C., and terstate Commerce Commission is de­ For the employersT Benjamin Benjamin, by filing a copy with the Director, Divi­ St. Petersburg, Fla.; Abraham Lerner, Ponce, scribed as follows and a£ illustrated by sion of the Federal Register. imprint below: Puerto Rico; Alfred Bayouth, Mayaguez, By the Commission. Puerto Rico. § 0.1 Description of official seal— (a) For the purpose of this order the Description. A constellation of 13 stars [ seal] H arold D. M cCo y , leather, leather goods, and related prod­ above an American bald eagle with wings Secretary. ucts industry in Puerto Rico is defined as displayed and inverted holding in his [F..R . Doc. 57-10214; Filed, Dec. 13, 1957; follows: dexter talon an olive branch and in his 8:45 a. m.] The curing, tanning, or other process­ ing of hides, skins, leather, or furs, and the manufacture of products therefrom; the manufacture from artificial leather, fabric, plastics, paper qr paperboard, or PROPOSED RULE MAKING similar materials of trunks, suitcases, brief cases, wallets, billfolds, coin purses, DEPARTMENT OF LABOR notice of the hearings of Industry Com­ card cases, key cases, cigarette cases, mittee No. 36-A for the Shoe and Related watch straps, pouches, tie cases, toilet Wage and Hour Division Products Industry in Puerto Rico, In ­ kits, checkbook covers, sport and athletic dustry Committee No. 36-B for the gloves and mittens, belts (except fabric [ 29 CFR Parts 686, 704, 715 ] Leather, Leather Goods, and Related belts), and like articles; and the manu­ Products Industry in Puerto Rico, and facture of baseballs and softballs covered [Administrative Order 497] \ Industry Committee No. 36-C for the with leather, artificial leather, fabric, P uerto R ic o : S hoe and R elated P rod­ Fabric and Leather Glove Industry in plastics, or similar materials: Provided, ucts I n d u st r y ; L eather, L eather Puerto Rico. however, That the industry shall not in­ G oods, and R elated P roducts I nd us­ Industry Committee No. 36-A is com­ clude any product or activity included in t r y ; and F abric and L eather G love posed of the following representatives: the button, jewelry; and lapidary work I ndustry industry; the fabric and leather glove For the public: David W. Louisell, Chair­ industry; and the needlework and fabri­ APPOINTMENTS TO INVESTIGATE CONDITIONS man, Berkeley, Calif.; W. Ellison Chalmers, Champaign, 111.; Hiranf R. Cancio, Rio cated textile products industry, as de­ AND RECOMMEND MINIMUM WAGES; NOTICE Piedras, Puerto Rico. fined in the wage orders for those OF H EARING For the employees: George O. Fecteau, industries in Puerto Rico. Pursuant to authority under the Fair Washington, D. C.; Alberto E. Sanchez, San- Industry Committee No. 36-C is com­ Labor Standards Act of 1938 (52 Stat. turce, Puerto Rico.; Edward Friss, New York, posed of the following representatives: N. Y. 1060, as amended; 29 U. S. C. 201 et seq.), For the employers: Benjamin Benjamin, For the public: David W. Louisell, Chair­ and Reorganization Plan No. 6 of 1950 St. Petersburg, Fla.; Luis Benltez-Carle, man, Berkeley, Calif.; W. Ellison Chalmers, (64 Stat. 1263, 3 CFR, 1950 Supp., p. 165), Manati, Puerto Rico; Robert Bristol,« Ponce, Champaign, 111.; Hiram R. Cancio, Rio I hereby appoint, convene, and give Puerto Rico. Piedras, Puerto Rico. 10064 PROPOSED RULE MAKING

Por the employees: George O. Fecteau, termines to be necessary for the purpose nated group. This» proposal is not de­ Washington, B. C.; Alberto E. Sanchez, San- of fixing for each classification the high­ signed to increase the overall revenue of turce, Puerto Rico; Charles J. Garrahan, New York, N. Y. est minimum wage rate that can be de­ the Department but patrons at certain For the employers: Benjamin Benjamin, termined for it under the principles set post offices, stations, and branches will St. Petersburg, Fla.; William K. Lawson, A i- out here which will not substantially be subjected to either moderate increases bonito, Puerto Rico; A. C, Bob Reuter, Maya- curtail employment in such classifica­ or decreases in box rental fees to equit­ guez, Puerto Rico. tions and will not give a competitive ad­ ably reflect the value and costs of box vantage to any group in the industry. For the purpose of this order the fabric service. It is, therefore, proposed that No classification shall be made, however, and leather glove industry in Puerto Rico the following amendments to § 41.3 of and no minimum wage shall be fixed is defined as follows: Title 39, CFR, Chapter I, shall be made solely on a regional basis or on the basis The manufacture of dress, semidress, effective July 1, 1958. of age or sex. In determining whether and work gloves and mittens from woven Although these proposed changes re­ there should be classifications within the or knit fabric, leather, or fabric or leath­ late to a proprietary function of the industry, in making such classifications, er in combination with any other mate­ Government, the Postmaster General and in determining the minimum wage rial: Provided, however, That the desires to observe voluntarily the rule- rates for such classifications, the com­ industry shall not include the manu­ making requirements of the Administra­ mittee shall consider, among other rele­ facture of knit or crocheted gloves and tive Procedure Act (5 U. S. C. 1003) in vant factors, the following: C l) Com­ mittens, sport and athletic gloves and this case so that patrons of the postal petitive conditions as affected by trans­ mittens, or rubber gloves and mittens. service may have an opportunity to pre­ portation, living, and production costs; I hereby refer to each of the above sent written views concerning the pro­ (2) the wages established for work of mentioned industry committees the posed regulation. Such written views like or comparable character by collec­ question of the minimum wage rate or may be submitted to 1.1. Raines, Direc­ tive labor agreements negotiated between rates to be fixed under section 6 (c) of tor, Division of Postal Rates, Bureau of employers and employees by representa­ the act for the industry. Each such in­ Finance, Post Office Department, Wash­ tives of their own choosing; and (3) the dustry committee shall investigate con­ ington 25, D. C., at any time prior to wages paid for work of like or com­ ditions in its industry, and the January 15, 1958. parable character by employers who committee, or any authorized sub-com­ In § 41.3 Post office boxes, amend voluntarily maintain minimum wage mittee thereof, shall hear such witnesses paragraph (c) to read as follows: , standards in the industry. and receive such evidence as may be nec­ (c) Rental rates— (1) Boxes at main The Administrator shall prepare an essary or appropriate to enable the com­ offices— (i) Classification of offices. The economic report for each committee con­ mittee to perform its duties and func­ taining such data as he is able to assem­ following nine groups of post offices have tions under the act. been established for purposes of setting ble pertinent to the matters herein re­ Industry Committee No. 36-A shall rental fees for call and lockboxes: ferred to that committee. Copies of each commence its hearing on January 13, such report may be obtained at the na­ POST OFFICES WITH CITY CARRIER SERVICE 1958, at 2 p. m., in the Office of the Wage tional and the Puerto Rican offices of the and Hour Division, United States De­ Group A: This group consists of the larg­ United States Department of Labor as partment of Labor, New York Depart­ est first-class post offices In the postal system. soon as they are completed and prior to These offices usually have annual postal re­ ment Store Building, Fortalesa and San the hearings- Each committee will take ceipts in excess of five million dollars, usually Jose Streets, San Juan, Puerto Rico. official notice of the facts stated in the employ a thousand or more regular employ­ Immediately upon the conclusion of the economic report to the extent they are- ees, and have postmasters in salary level 16 hearing of Industry Committee No. or above. ; not refuted at the hearings. 36-A, Industry Committee No. 36-B shall Group B: Post offices of this group usually The procedure of these industry com­ commence its hearing at the same place. have annual receipts ranging from one and mittees will be governed by Part 511 of Immediately upon the conclusion of the one-half to five million dollars, have approxi­ Title 29, Code of Federal Regulations. As hearing of Industry Committee No. 36-B, mately 300 to 1,000 employees, and have post­ a prerequisite to participation as wit­ masters in salary levels 14 or 15. Industry Committee No. 36-C shall hold nesses or parties these regulations re­ Group C: Post offices of this group usually its hearing at the same place. quire, among other things, that inter­ have annual receipts ranging from $500,000 Each committee will meet at the same ested persons in the present matters shall to one and one-half million dollars, have place before its hearing to make its in­ approximately 60 to 300 employees, and have file a prehearing statement containing vestigation and appropriate decisions postmasters in-salary levels 12 or 13. certain' specified data, not later than concerning its forthcoming hearing. In ­ Group D : This group of post offices usually January 3, 1958. dustry Committee No. 36-A will meet at have annual receipts ranging from $100,000 10 a. m., on January 13,1958, and Indus­ Signed at Washington, D. C., this 10th to $500,000, have approximately 25 to 60 employees, and have postmasters in salary try Committees Nos. 36-B and 36-C will day of December 1957. levels 10 or 1L meet at an hour to be designated by the J am es P. M it c h e l l , Group E: This group mainly consists of committee chairman. Secretary of Labor. larger second-class and smaller first-class In order to reach as rapidly as is eco­ offices offering city delivery service, with nomically feasible the objective of the [F. R. Doc. 57-10375; Filed, Dec. 13, 1957; annual receipts usually ranging from $20,000 minimum wage prescribed in paragraph 8:53 a. m.j to $100,000, and with approximately 5 to 25 (1) of section 6 (a) of the act, each in­ employees. Postmasters of these offices are in salary levels 7,8, or 9. dustry committee shall recommend to the Administrator the highest minimum POST OFFICE DEPARTMENT POST OFFICES WITHOUT CITY CARRIER SERVICE wage rate or rates for the industry which Í 39 CFR Par» 41 1 Group F: Post offices of this group mainly it determines, having due regard to eco­ consist Qf smaller first-class and larger sec­ nomic and Competitive conditions, will S ervice in P ost O ffices ond-class offices that do not offer city or vil­ not substantially curtail employment in lage letter carrier service, with annual re­ the industry and will not give any in­ ESTABLISHING NEW SYSTEM FOE SETTING ceipts usually ranging from $16,000 to $60,000, dustry in Puerto Rico a competitive ad­ BOX RENTAL FEES and with approximately 5 to 20 employees. vantage over any industry in the United However, some larger first-class post offices With a view of establishing more fair which do not provide city-carrier service are States outside of Puerto Rico, the Virgin and equitable charges for box service the also included in this group. Postmasters of Islands, and American Samoa. Where an Postmaster General proposes to initiate these offices are in salary level 8 or above. industry committee finds that a higher a new system of levying box rental fees. Group G : This group is composed of larger minimum wage may be determined for For this purpose it is proposed to estab­ third-class offices and smaller second-class employees engaged in certain activities lish nine groups of post offices based on offices none of which offer city letter carrier service. Annual receipts of these offices or in the manufacture of certain products certain appropriate criteria, including in the industry, the industry committee usually range from $6,000 to $16,000 and fewer the availability or nonavailability of city than six employees are usually employed. shall recommend such reasonable classi­ carrier service, and to apply a revised fee This group includes all non-city carrier fications within the industry as it de­ schedule 4;o the offices within each desig­ offices with postmasters in salary level 7, Saturday, December 14, 1957 FEDERAL REGISTER 10065

Group H: This group consists of smaller Group I: This group is composed of all other containers in lieu of lockboxes. third-class offices none of which offer city fourth-class offices. The fee for such a service shall be equiv­ letter carrier service. Annual receipts of alent to the rental that would be col­ (ii) Rate schedule. The quarterly box these offices generally range between $1,500 lected if the patron had been provided rent schedules for main post offices are as and $6,000. Postmasters of these offices are w'ith the largest size box contained in follows: in salary levels 5 or 6. the installation. N ote : The corresponding section In the Rate per quarter « Postal Manual is section 151.33.

Call boxes Lock boxes and drawers (B. S. 161, 396, as amended, 3901, 4051; 5 U. S. C. 22, 369, 39 U. S. C. 279, 783)

jSize No. Size N o. [ seal] A be M cG regor G off, General Counsel. Post Office groups 1 2 1 2 3 4 5 [P. R. Doc. 57-10384; Piled, Dec. 13, 1957; 8:54 a. m.] Cubic-inch capacity Cubic-inch capacity

T o 225 225 to 500 T o 225 225 to , 500 to 900 to 3,000 and FEDERAL COMMUNICATIONS over COMMISSION

Offices with city carrier service: [ 47 CFR Part 3 1 $12.00 Group A — ------$2.25 $3.00 $4.50 $6.00 $8.00 $10.00 Group B -.------1.50 2; 25 3.00 4.50 6.00 7.50 9.00 [Docket No. 12064] Group G ------1.10 1.50 2.25 3.00 4.50 6.00 7.50 6.00 Group D ------*------.80 1.10 1.70 % 2.25 3.00 4.50 P ower L im itatio n of C lass IV AM Group E-.'.------— ------...... 65 .80 1.20 1.50 2.25 3.00 4.50 Offices without city carrier service: B roadcast S tations 3.00 Group F . —------.50 .65 .90 1.10 1.50 2.25 Group G ------.35 .50 .70 .90 1.10 1.50 2.25 EXTENSION OF TIME FOR FILING REPLY 1.50 Group H —------— ------.20 .30 .50 .65 .90 1.10 COMMENTS 1.10 Group I ______.15 .20 .35 .50 .65 .90 In the matter of amendment of Part (2) Boxes at stations and branches— (b) All rural stations will charge the 3 of the Commission’s rules and regula­ tions and technical standards concerning (i) First class offices, (a ) With the ex­ fees as prescribed for Group I post offices. (iii) Academic institutions. The fol­the power limitation of Class IV AM ception of rural stations and stations broadcast stations, Docket No. 12064. and branches primarily servicing aca­ lowing regulations will apply only to stations and branches primarily servic­ 1. The Commission has before it for demic institutions, box fees at stations ing academic institutions when the box consideration a petition filed December and branches of first class offices will be equipment is not owned by the Post 9, 1957, by Community Broadcasters As­ related to the fees established at the Office Department: sociation, Inc., requesting that the time main office. The fees at such stations (a) When the box equipment is set up for filing reply comments in the above- and branches will be those prescribed for in a room removed from post office quar­ entitled proceeding be extended from the first or second Group below those ters and the mail delivered in bulk and December 12, 1957, to January 13, 1957. charged at the main office depending placed in the boxes by personnel em­ 2. Petitioner states that approximately upon the level of postal activity and the ployed by and paid by the school, no box 150 separate comments were filed in this proceeding on December 2,1957, the date value of service rendered at such stations rents will be charged by the station or upon which the time for filing comments or branches. branch. in this proceeding expired, and it urges (b) All rural stations will charge the (b) In other cases call and lockboxes that it is virtually impossible for it to fees as prescribed for Group I post offices. will be charged on the basis of the follow­ assemble, read and correlate this mate­ (ii) Second- and third-class offices, ing schedule. Fees may be charged on rial in order to file reply comments by (d) With the exception of rural stations either a semester or quarterly basis to December 12, 1957. Community also and stations and branches primarily coincide with the academic system used urges that a grant of its request will servicing academic institutions, stations by the school. Box rental fees applicable neither prejudice any person nor unduly and branches of second- and third-class during the summer session of schools prolong the proceeding. post offices will charge the same box operating on a semester basis will be one- 3. In view of the numerous comments rental fees as those at the main office. half the regular semester rates.. filed and the representations of peti­ tioner, the Commission believes that the public interest would be served by afford­ Call boxes Lockboxes ing the extension of time requested for filing replies. N o. 1 N o. 2 No. 1 No. 2 N o. 3 N o. 4 No. 5 4. Accordingly, it is ordered, This 10th day of December 1957, that the aforesaid $0.30 $0.40 $0.50 $0.60 $0.90 $1.50 $2.40 .20 .30 .35 .40 .60 1.00 1.60 request of Community Broadcasters As­ sociation, Inc., is granted and that the time for filing reply comments in the (3) General regulations, (i) In newnext fiscal year. Advance cooperative above-entitled proceeding is extended box rentals the postmaster will make arrangements will be made with such from December 12, 1957, to January 13, every effort to rent a box with sufficient patrons to mimimize any problem which 1958. capacity to handle estimated average a change in box number might occasion. daily mail volume of the patron. (iii) Certain instances arise when Released: December 11, 1957. (ii) In cases where the average daily boxes of sufficient capacity are not avail­ F ederal C ommunications volume of mail received by a patron now able or cannot be provided because of C o m m issio n , renting a box exceeds the capacity of practical considerations to handle the [ seal] M ary Jane M orris, the box now rented and if larger size average daily mail volume of a patron. Secretary. boxes are available, postmasters will en­ In such cases special arrangements may courage the patron to advance to a box be entered into by postmasters to pro­ [F. R. Doc. 57-10365; Filed, Dec. 13, 1957; of sufficient capacity at the start of the vide a box number and utilize bags or 8:52 a. m.] No. 242— -6 10066 FEDERAL REGISTER NOTICES

DEPARTMENT OF AGRICULTURE begins after December 5, 1957. The in­ Avenue Terminal to Encinal Terminals. creased rates apply throughout the con­ The modification provides (1) for the ex­ Agricultural Marketing Service tinental United States. tension of the terms of the agreement for a period of one year, from February P ocahontas S ales C o . et al. U nited S tates Civ il S erv­ ice Com m ission, 1, 1958 through January 31, 1959, and PROPOSED POSTING OP STOCKYARDS (2) that either party shall have the right [ seal] W m . C. H u l l , The Director of the Livestock Division, Executive Assistant. to cancel and terminate said agreement Agricultural Marketing Service, United upon giving the other party six months [P. R. Doc. 57-10353; Filed, Dec. 13, 1957; prior notice of its intention. States Department. of Agriculture, has 8:49 a. m.] information that the livestock markets Interested parties may inspect this named below are stockyards as defined agreement and obtain copies thereof at in section 302 of the Packers and Stock- DEPARTMENT OF COMMERCE the Regulation Office, Federal Maritime yards Act, 1921, as amended (7 U. S. C. Board, Washington, D. C., and may sub­ 202), and should be made subject to the Federal Maritime Board mit, within 20 days after publication of this notice in the F ederal R egister, provisions of the act. C it y op O akland, Ca lif,, and H oward written statements with reference to the Pocahontas Sales Company, Pocahontas, T erminal agreement and their position as to ap­ Ark. proval, disapproval, or modification, to­ Kankakee County Livestock Marketing As­ notice op agreement piled for approval sociation,. Bourbonnais, 111. gether with request for hearing should Notice is hereby given that the follow­ such hearing be desired. Avoca Auction Company, Avoca, Iowa. ing described agreement has been filed Hobart Stockyards, Hobart, Okla. Dated: December 11, 1957. Maxson Sales Company, Inc., Welch, Okla. with the Board for approval pursuant to Hereford Livestock Auction, Inc., Hereford, section 15 of the Shipping Act, 1916 (39 By order of the Federal Maritime Tex. Stat. 733, 46 U. S. C. 814): Board. Agreement No. 8085-A-l, between the Notice is hereby given, therefore, that G eo. A. V ieh m an n , City of Oakland, California, and Howard Assistant Secretary. the said Director, pursuant to authority Terminal, modifies Agreement No. delegated under the Packers and Stock- 8085-A, between said parties covering [F. R. Doc. 57-10359; Piled, Dec. 13, 1957; yards Act, 1921, as amended (7 U. S. C. lease of the City of Oakland’s Grove 8:50 a. m.] 181 et seq.) , proposes to issue a rule des­ Street Pier, Market Street Pier and Quay ignating the stockyards named above as W all Area adjacent to the Market Street posted stockyards subject to the provi­ Pier to Howard Terminal. The modifi­ sions of the act, as provided in section Cit y of Oakland, Ca lif., and E ncinal cation provides (1) for the extension of T erminals 302 thereof. the terms of the agreement for a period Any person who wishes to submit writ­ of one year, from February 1, 1958 NOTICE OF AGREEMENT FILED FOR APPROVAL ten data, views, or arguments concern­ through January 31, 1959, and (2) that Notice is hereby given that the follow­ ing the proposed rule may do so by filing either party shall have the right to cancel ing described agreement has been filed them with the Director, Livestock Divi­ and terminate said agreement upon giv­ with the Board for approval pursuant sion, Agricultural Marketing Service, ing the other party six months prior United States Department of Agricul­ to section 15 of the Shipping Act, 1916 written notice of its intention. (39 Stat. 733, 46 U. S. C. 814) : ture, Washington 25, D. C., within 15 Interested parties may inspect this Agreement No. 8155-2, between the days after publication hereof in the agreement and obtain copies thereof at City of Oakland, California, and Encinal F ederal R egister. the Regulation Office, Federal Maritime Terminals, modifies Agreement No. 8155, Done at Washington, D. C. this 11th Board, Washington, D. C., and may sub­ as modified, between said parties cover­ mit, within 20 days after publication of day of December 1957. ing the lease of certain terminal property this notice in the F ederal R egister, writ­ in the. Outer Harbor Terminal Area by [ seal] D avid M. P ettus, ten statements with reference to the Director, the City of Oakland to Encinal Ter­ agreement and their position as to ap­ Livestock Division, minals. The modification extends the proval, disapproval, or modification, to­ Agricultural Marketing Service. terms of the agreement for a period of gether with request for hearing should one year from February 1, 1958 through such hearing be desired. [F. R. Doc. 57-10372; Piled, Dec. 13, 1957; January 31, 1959; changes the method 8:53 a. m.] Dated: December 11, 1957. for compensating the City of Oakland, and extends the date for finalizing the By order of the Federal Maritime physical inventory of cargo on terminal CIVIL SERVICE COMMISSION Board. at time of lease to January 15, 1958. G eo. A. V ie h m a n n , Interested parties may inspect this C ertain P ositions in the Specialization Assistant Secretary. op F orest P roducts T echnologist agreement and obtain copies thereof at [P. R. Doc. 57-10358; Piled, Dec. 13, 1957; the Regulation Office, Federal Maritime NOTICE OF INCREASE IN MINIMUM RATES OF 8:50 a. m.] PAY Board, Washington, D. C., and may sub­ mit, within 20 days after publication of Under the provisions of section 803 of this notice in the F ederal R egister, writ­ the Classification Act of 1949, as ten statements with reference to the amended (68 Stat. 1106; 5 U. S. C. 1133) Cit y op Oakland, Calif., and agreement and their position as to ap­ pursuant to 5 CFR 25.103, 25.105, the E n cinal T erminals proval, disapproval, or modification, to­ Commission has increased the rate of notice of agreement filed for approval pay for positions in the specialization of gether with request for hearing should Forest Products Technologist, Series Notice is hereby given that the follow­ such hearing be desired. ing described agreement has been filed GS-1390-0, -at grades GS-5, GS-7, and Dated: December 11,1957. GS-9 as follows: with the Board for approval pursuant to section 15 of the Shipping Act, 1916, (39 By order of the Federal Maritime GS-5 to $4,480 (the top step of the grade). Stat. 733, 46 U. S. C. 814) : GS-7 to $5,335 (the top step of the grade). Board. Agreement No. 8095-2, between the GS-9 to $5,845 (the fourth step of the G eo. A. V ieh m an n , grade). City of Oakland, California, and Encinal Assistant Secretary. Terminals, modifies Agreement No. These increases are effective on the 8095-1, between said parties, covering [F. R. Doc. 57-10360; Piled, Dec. 13, 1957; first day of the first pay period which the lease of the City of Oakland’s Ninth 8:50 a. m.] Saturday, December 14, 1957 FEDERAL REGISTER 10067

O r ie n t S t eam N a v ig a t io n C o ., L td ., and 2. Louisiana Purchase asked that the offices of the Commission, Washington, P e n in s u l a r & O r ie n ta l S t eam N a v i­ hearing be continued until the United D. C. g a t io n Co. States Court of Appeals for the District Dated: December 10, 1957. of Columbia Circuit acts on Louisiana NOTICE OF AGREEMENT FILED FOR APPROVAL Purchase’s appeals. In its supplement it Released: December 11, 1957. Notice is hereby given that the follow­ also maintained that the Hearing Ex­ F ederal C ommunications ing described agreement has been filed aminer cannot properly proceed until the C o m m is s io n , with the Board for approval pursuant Commission has acted on a Petition for [ s e a l] M a r y Ja n e M o rris, to section 15 of the Shipping Act, 1916, Reconsideration and for Modification of Secretary. (39 Stat. 733, 46 U. S. C. 814): Issues which it filed on Novemebr 29. During the prehearing conference all [F. R. Doc. 57-10367; Filed, Dec. 13, 1957; Agreement No. 8264, between The 8:52 a. m.] Orient Steam Navigation Company, Ltd., counsel agreed that the hearing might and Peninsular & Oriental Steam Navi­ be continued to accommodate the sched­ gation Company, covers an arrangement ule of Louisiana Purchase’s counsel; whereby a passenger vessel of P. & O. counsel for Signal Hill did not object to [Docket Nos. 12258-12260; FCC 57M-1240] a continuance until the Commission has will be placed in the regularly scheduled W abash V a l l e y B roadcasting acted on the pending pleadings,* while service of Orient, between Australia and C o r p. etal. the Pacific Coast of North America, for counsel for the Broadcast Bureau op­ a round voyage beginning in March 1958 posed a continuance. ORDER SCHEDULING HEARING and a like arrangement beginning in 3. The Hearing Examiner ruled, for In re applications of Wabash Valley August 1958, such voyages being oper­ the reasons set forth in the transcript of Broadcasting Corporation, Terre Haute, ated by Orient as agents for P. & O. prehearing conference of December 4, Indiana, Docket No. 12258, File No. Interested parties may inspect this that the hearing now scheduled for Jan­ BPCT-2293; Cy Blumenthal, Terre agreement and obtain copies thereof at uary 6,1958, should be continued to Feb­ Haute, Indiana, Docket No. 12259, File the Regulation Office, Federal Maritime ruary 28, 1958. A further prehearing No. BPCT-2316; Illiana Telecasting Cor­ Board, Washington, D. C., and may sub­ conference was set for January 10, 1958, poration, Terre Haute, Indiana, Docket mit, within 20 days after publication where, among other things, a timetable No. 12260, File No. BPCT-2392; for con­ of this notice in the F ederal R egister, will be considered. struction permits for new television written statements with reference to the 4. The present document is a memo­ broadcast stations. agreement and their position as to ap­ randum of the rulings of the Hearing It is ordered, This 6th day of Decem­ proval, disapproval, or modification, to­ Examiner (1) granting, to the extent ber 1957, that Annie Neal Huntting will gether with request for hearing should that the hearing has been continued preside at the hearing in the above- such hearing be desired. from January 6 to February 28,1958, the entitled proceeding which is hereby request of Louisiana Purchase for con­ Dated: December 11,1957. scheduled to commence on January 8, tinuance, and otherwise denying its mo­ 1958, in Washington, D. C. By order of the Federal Maritime tion and supplement to motion, filed on Released: December 10, 1957. Board. November 14 and November 29; and (2) G e o . A. V ie h m a n n , scheduling a further prehearing confer­ F ederal C ommunications Assistant Secretary. ence for January 10, 1958. It is under­ C o m m is s io n , stood that Louisiana Purchase does not [ s e a l] M a r y Ja n e M o rris, [F. R. Doc. 57-10361; Filed, Dec. 13, 1957; recede from its contention that the hear­ 8:50 a. m.] Secretary. ing should be continued as requested [F. R. Doc. 57-10368; Filed, Dec. 13, 1957; in its motion and supplement. Counsel 8:53 a. m.] FEDERAL COMMUNICATIONS agreed that the time for appeal from the present ruling should run from the COMMISSION date of release of this memorandum, and it is so ordered. ' [Docket No. 12261; FCC 57M-1241] [Docket Nos. 12235, 12236; FCC 57M-1239] Dated: December 9, 1957. B a w B eese B roadcasters, I n c . (WBSE) L o u is ia n a P urchase C o . an d S ig n a l H i l l ORDER SCHEDULING HEARING T e lec astin g C orp. Released: December 10, 1957. F ederal C ommunications In re application of Baw Beese Broad­ MEMORANDUM OF RULINGS AT PREHEARING C o m m is s io n , casters, Inc. (W B S E ), Hillsdale, Michi­ CONFERENCE [ s e a l ] M a r y J a n e M o r r is, gan, Docket No. 12261, File No. BP-10917; In. re applications of Louisiana Pur­ Secretary. . for construction permit. chase Company, St. Louis, Missouri, It is ordered, This 6th day of December Docket No. 12235, File No. BPCT-2295; [F. R. Doc. 57-10366; Filed, Dec. 13, 1957; 1957, that Hugh B. Hutchison will preside for construction permit for a new televi­ 8:52 a. m.J at the hearing in the above-entitled pro­ sion broadcast station; Signal Hill Tele­ ceeding which is hereby scheduled to casting Corporation, St. Louis, Missouri, commence on February 10, 1958, in Washington, D. C. Docket No. 12236, File No. BMPCT-4615; [Docket No. 12250; FCC 57M-1243] for modification of construction permit. Released: December 10, 1957. 1. Louisiana Purchase filed (1) Motion S acr am ento T elecasters, I n c . F ederal C ommunications to Terminate Temporary Authority or (KBET-TV) C o m m is s io n , Continue Hearing, on November 14,1957; NOTICE CONTINUING HEARING CONFERENCE [ s e a l ] M ar y Ja n e M o rris, and (2) a Supplement to the motion for Secretary. continuance, on November 29, 1957. An In re application of Sacramento Tele­ casters, Inc. (K B E T -T V ), Sacramento, [F. R. Doc. 57-10369; Filed, Dec. 13, 1957; opposition to the November 14 pleading 8:53 a. m.] was filed by Signal Hill on November 25, California, Docket No. 12250, File No. and the question of continuance was con­ BMPCT-2633; for modification of con­ sidered at a prehearing conference, struction permit. FEDERAL POWER COMMISSION On the oral request of counsel for attended by counsel for the applicants [Docket Nos. G—13023, G-13578] and the Broadcast Bureau,1 on December Sacramento Telecasters, Inc., and with­ out objection by other counsel, the P e r m ia n B a s in P ip e l in e C o . and P h il l ip s 4. Hearing had been scheduled for prehearing conference scheduled for De­ P e t r o l e u m C o .- January 6, 1958. cember 11 is further continued to Friday, NOTICE OF APPLICATIONS AND DATE OF 1 By order released on December 2, 1957 December 13, 1957, at 10 a. m., in the HEARING (Docket No. 11747) the Commission denied D ecem ber 10,1957. the request to terminate temporary author­ * On November 29 Signal Hill filed a motion ity, but left the continuance request to the for dismissal, or in the alternative, for en­ In the matters of Permian Basin Pipe­ Hearing Examiner. largement of issues. line Company, Docket No, G-13023; 10068 NOTICES

Phillips Petroleum Company, Docket No. (18 CFR 1.8 or 1.10) on or before Janu­ By including in paragraph 1 thereof G-13578. ary 2, 1958. Failure of any party to the County of Hardin. Take notice that Permian Basin Pipe­ appear at and participate in the hearing Dated: December 3, 1957. line Company (Permian), a Delaware shall be construed as waiver of and con­ corporation with its principal place of currence in omission herein of the in­ W e n d e ll B . B a r n e s, business at Omaha, Nebraska, and Phil­ termediate decision procedure in cases Administrator. lips Petroleum Company (Phillips), an where a request therefor is made. [F. R. Doc. 57-10349; Filed, Dec. 13, 1957; independent producer, filed applications 8:48 a. m.] for certificates of public convenience and [ se al] J o s e ph H. G tjtride, Secretary. necessity, pursuant to section 7 of the Natural Gas Act, authorizing the acquisi­ [F. R. Doc. 57-10343; Filed, Dec. 13, 1957; tion, construction and operation of cer­ 8:45 a. m.] [Declaration of Disaster Area 173] tain natural gas facilities and authoriz­ ing the sale of natural gas, as hereinafter T e n n e sse e [Docket No. E-6790] described, subject to the jurisdiction of DECLARATION OF DISASTER AREA the Commission, all as more fully repre­ O tter T a il P o w e r C o . Whereas, it has been reported that sented in the respective applications, during the month of November, 1957, which are on file with the Commission NOTICE OF APPLICATION because of the effects of certain disasters, and open to public inspection. D ecember 11, 1957. Permian, by its application filed on damage resulted to residences and busi­ Take notice that on December 6, 1957, ness property located in certain areas in August 7, 1957, and supplemented on an application was filed with the Fed­ October 3, 1957, in Docket No. G-13023, the State of Tennessee; eral Power Commission pursuant to sec­ Whereas, the . Small Business Admin­ seeks authority to acquire an existing tion 204 of the Federal Power Act by 1,350-horsepower compressor unit lo­ istration has investigated and has re­ Otter Tail Power Company (Applicant), ceived other reports of investigations of cated at its Andrews County, Texas, a corporation organized under the laws compressor station from Phillips and to conditions in the areas affected; of the State of Minnesota and doing busi­ operate said unit as an integral part of Whereas, after reading and evaluating ness in the States of Minnesota, North reports of such conditions, I find that the its system and in connection with its Dakota, and South Dakota, with its prin­ existing Andrews compressor facilities. conditions in such areas constitute • a cipal business office at Fergus Falls, Permian also proposed to turbocharge catastrophe within the purview of the Minnesota, seeking an order authorizing six of the twelve units presently in op­ Small Business Act of 1953, as amended; the issuance of not to exceed $7,000,000 eration at the Andrews station which will Now, therefore, as Administrator of of short-term bank notes. Applicant provide, with the new unit, an increase the Small Business Administration, I proposes to issue unsecured promissory of 4,050-horsepower at said station, and hereby determine that: notes not to exceed $7,000,000 from time a total installed horsepower of 20,250. 1. Applications for disaster loans un­ to time prior to December 31, 1960, for The estimated cost of the proposed ac­ der the provisions of section 207 (b)(1) bank loans. As need arises therefor, quisition and turbocharging is $897,400, of the Small Business Act of 1953, as Applicant expects to request such loans comprised of $565,000 for turbocharging amended, may be received and consid­ from First National Bank of Minneapolis and $332,400 for the new unit. ered by the Offices below indicated from and from banks in the territory of Appli­ Permian states that the acquisition persons or firms whose property situated cant’s business operations. The unse­ in the following County (including any and construction Of the proposed facili­ cured promissory notes will bear interest ties are required to enable it to take areas adjacent to said County) suffered at a rate not to exceed 5 percent per damage or other destruction as a result additional volumes of residue gas from annum and will have a maturity of one Phillips in the Andrews County area. of the catastrophe hereinafter referred year or less subject to the conditions that to: On October 24, 1957, Phillips filed an not more than $7,000,000 principal application in Docket No. G-13578 seek­ amount of unsecured notes shall be out­ County: Rhea (Flash flood occurring on.or about November 18). ing authority to increase its sale of gas standing at any one time. Applicant to Permian, which was previously au­ Offices: Small Business Administration proposes to use the proceeds from the Regional Office, 90 Fairlie Street NW., At­ thorized in Docket No. G-9724, from sale of the aforesaid notes to provide lanta 3, Ga. Small Business Administration 55,000 Mcf per day at its Andrews plant funds to finance temporarily the balance Sub-Office, 315 Empire Building, 624 Market to 75,000 Mcf per day. of its 1956-1959 construction program Street SW., Knoxville, Tenn. These related matters should be heard prior to arranging for long-term financ­ on a consolidated record and disposed of 2. No special field offices will be estab­ ing. lished at this time. as promptly as possible under the ap­ Any person desiring to be heard or to plicable rules and regulations and to 3. Applications for disaster loans un­ make any protest with reference to said der the authority of this Declaration that end: application should, on or before the 3d Take further notice that, pursuant to will not be accepted subsequent to May day of January 1958, file with the Federal 31, 1958. the authority contained in and subject Power Commission, Washington 25, D. C., to the jurisdiction conferred upon the petitions or protests in accordance with Dated: November 27, 1957. Federal Power Commission by sections the requirements of .the Commission’s 7 and 15 of the Natural Gas Act, and the W e n d e ll B . B arnes, rules of practice and procedure (18 CFR Administrator. Commission’s rules of practice and pro­ 1.8 or 1.10). The application is on file cedure, a hearing will be held on January and available for public inspection. [F. R. Doc, 57-10350; Filed, Dec. 13, 1957; 16, 1958, at 9:30 a. m., e. s. t., in a Hear­ 8:48 a.m .] ing Room of the Federal Power Commis­ [ s e a l] J o s e ph H . G u t r id e , sion, 414 G Street NW., Washington, Secretary. D. C., concerning the matters involved [F. R. Doc. 57-10357; Filed, Dec. 13, 1957; DEPARTMENT OF LABOR in and the issues presented by such ap­ 8:49 a. m.] plications: Provided, however, That the Wage and Hour Division Commission may, after a non-contested L earner E m p l o y m e n t C ertificates hearing, dispose of the proceedings pur­ SMALL BUSINESS ADMINISTRA­ suant to the provisions of § 1.30 (c) (1) TION ISSUANCE TO VARIOUS INDUSTRIES of the Commission’s rules of practice and Notice is hereby given that pursuant to procedure. Under the procedure herein [Declaration of Disaster Area 171, Amdt. 2] section 14 of the Fair Labor Standards provided for, unless otherwise advised, K e n t u c k y Act of 1938 (52 Stat. 1060, as amended; it will be unnecessary for Applicants to 29 U. S. C. 201 et seq.), the regulations appear or be represented at the hearing. AMENDMENT TO DECLARATION OF on employment of learners (29 CFR Protests or petitions to intervene may DISASTER AREA Part 522), and Administrative Order No. be filed with the Federal Power Commis­ Declaration of Disaster Area 171, dated 414 (16 F. R. 7367), the firms listed in sion, Washington 25, D. C., in accordance November 19,1957, for the State of Ken­ this notice have been issued special cer­ with the rules of practice and procedure tucky, is hereby amended as follows; tificates authorizing the employment of Saturday, December 14, 1957. FEDERAL REGISTER 10069

Fairfield- Manufacturing Co., Inc., W inns- learners at hourly wage rates lower than Wm. H. Noggle & Sons, Inc., 27-37 East Ferdinand Street, Manheim, Pa.; effective boro, S. C.; effective 12-9-57 to 6-8—58; 16 the minimum wage rates otherwise 12-6-57 to 12-5-58 (children’s cotton wash learners (cotton wash dresses). applicable under section 6. of the act. garm ents). International Latex Corp., LaGrange, Ga.; The effective and expiration dates, oc­ Princess Peggy, Inc., Items Division, Belle­ effective 12-6-57 to 4-3-58; 50 learners (sup­ cupations, wage rates, number or pro­ ville, 111.; effective 12-7-57 to 12-6-58 plemental certificate) (brassieres). portion of learners, learning periods, and (women’s dresses). Iva Manufacturing Co., Iva, S. C.; effective the principal product manufactured by Salant & Salant, Inc., Henderson, Tenn.; 12-4-57 to 6-3-58; 15 learners (ladies’ the employer for certificates issued under effective 12-13-57 to 12-12-58 (m en’s work blouses). shirts). McAdoo Manufacturing Co., Inc., S. Han­ general learner regulations (§§ 522,1 to Seamprufe, Inc., McAlester, Okla.; effec­ cock Street, McAdoo, Pa.; effective 12-6-57 to 522.11) are as indicated below. Condi­ tive 12-5-57 to 12-4-58. Workers engaged in 6-5-58; 27 learners (children’s and men’s tions provided in certificates issued under the production of ladies’ woven underwear polo shirts). special industry regulations are as estab­ (slips and lingerie). Pennsylvania Brassiere Corp., Meyersdale, lished in these regulations. Stahl-Urban Co., North Second Street, Pa.; effective 12-9-57 tò 6-8-58; 20 learners Apparel Industry Learner Regula­ Brookhaven, Miss.; effective 12-19-57 to 12— (brassieres). tions (29 CPR 522.1 to 522.11, as amended, 18-58 (men’s and boys’ work trousers). Reliance Manufacturing Co. Factory No. Levi Strauss & Co., 115 Terraine Street, San 47, Farmington, Mo.; effective 12-9-57 to 6— and 29 CFR 522.20 to 522.24, as Jose, Calif.; effective 12-10-57 to 12—9—58 8-58; 25 learners (ladies’ sportswear). amended). (men’s and boys’ denim work pants). Srader Sportswear, Inc., 1411 North W ash­ The following learner certificates were ington, Mt. Pleasant, Tex.; effective 12-9-57 issued authorizing the employment of The following learner certificates were to 6-8-58; 20 learners. Learners may not be 10 percent of the total number of factory issued for normal labor turnover pur­ employed at special minimum wage rates in production workers for normal labor poses. The effective and expiration the production of separate skirts (blouses turnover purposes. The effective and dates and the number of learners author­ and jackets). expiration dates are indicated. ized are indicated. Tennessee Overall Co., 401 North Atlantic Street, Tullahoma, Tenn.; effective 12-9-57 Ace Garment Co., Inc., 147 East 12.5th Blue Bell, Inc., Warsaw, Ind.; effective 12- to 6-8-58; 20 learners (m en’s pants). Street, New York, N. Y.; effective 12-9-57 to 9-57 to 12-8-58; 10 learners for normal labor 6-8-58 (ladies’ dresses, blouses). turnover purposes (men’s and boys’ dun­ Glove Industry Learner Regulations Bestform Foundations of Windber, Inc., garees) . (29 CFR 522.1 to 522.11, as amended, and 19th Street and Veil Avenue, Windber, Pa.; Centralia Garment Co., Mascoutah, 111.; ef­ 29 CFR 522.60 to 522.65, as amended). effective 12-9-57 to 12-8-58 (brassieres). fective 12-21-57 to 12-20-58; 10 learners' The Boss Manufacturing Co., Oneida, Blue Bell, Inc., Nappanee, Ind.; effective (women’s and misses’ dresses). 12-19-57 to 12-18-58 (girls’ and ladies’ dun­ Centralia Garment Co., Wayne City, 111.; Tenn.; effective 12-9-57 to 6-8-58; 35 learners for plant expansion purposes (work gloves). garees) . effective 12-21-57 to 12-20-58; 10 learners Calhoun Garment Co., Calhoun City, Miss.; (women’s and misses’ dresses). The Boss Manufacturing Co., 105 Elm effective 12-18-57 to 12-17-58 (semi-dress Iron King Overall Co., 113 South Hanover Street, Chillicothe, Mo.; effective 12-15—57 to Street, Baltimore, Md.; effective 12-5-57 to 12-14-58; 10 percent of the total number trousers). Centralia Garment Co., Centralia, 111.; ef­ 12-4-58; five learners (m en’s overalls and of machine stitchers for normal labor turn­ fective 12-21-57 to 12-20-58 (women’s and dungarees). over purposes (work gloves). Klos Manufacturing Co., Muskogee, Okla.; misses’ dresses). The Boss Manufacturing Co., 400-406 Cluett, Peabody & Co., Inc., Gilbert, Minn.; effective 12—6—57 to 12-5-58; 10 learners (chil­ Seneca Street, Leavenworth, Kans.; effective effective 12-17-57 to 12-16-58 (men’s shirts). dren’s clothing). 12-6-57 to 12-5-58; 10 learners for normal Covington Industries, Inc., Opp, Ala.; ef­ Major Shirt Corp., 1106 Cunnius Street, labor turnover purposes (work gloves). fective 12-4-57 to 12-3-58 (utility jackets). Freeland, Pa.; effective 12-6-57 to 12-5-58; 10 Lambert Manufacturing Co., Inc., Plant Flushing Shirt Manufacturing Co., Grants- learners (sport jackets). No. 1, 501 Jackson Street, Chillicothe, Mo.; ville, Md.; effective 12-5-57 to 12-4-58 (m en’s Wm. H. Noggle & Sons, Inc., Lititz, Pa.; ef­ effective 12-20-57 to 12-19-58; 10 learners fective 12-6-57 to 12-5-58; five learners uniform shirts). for normal labor turnover purposes (cotton Forest City Manufacturing Co., Collinsville, (kiddies’ sleepers). work gloves). 111.; effective 12-20-57 to 12-19-58 (junior Wm. H. Noggle & Sons, Inc., Rexmont, Pa.; Lambert Manufacturing Co., Inc., Plant effective 12-6-57 to 12-5-58; five learners and misses’ dresses). No. 3, 1006 Washington Street, Chillicothe, Forest City Manufacturing Co., Du Quoin, (boys' pajamas). Mo.; effective 12-20-57 to 12-19-58; 10 learn­ Rosemark Underwear Co., 236 Catherine 111.; effective 12-18-57 to 12-17-58 (misses* ers for normal labor turnover purposes (work Street, Bloomsburg, Pa.; effective 12-4-57 to and women’s dresses) . gloves). . . , ' William F. Fretz & Son, Inc., Bedminster, 12-3-58; five learners (ladies’ pajamas, night St. Johnsbury GloVers, Inc., St. Johnsbury, Pa.; effective 12-2-57 to 12-1-58 (m en’s single gow ns). Vt.; effective 12-5-57 to 6-4-58; 15 learners Srader Sportswear, Inc., 1411 North W ash­ pants). for plant expansion purposes (ladles’ knit ington, Mt. Pleasant, Tex.; effective 12-9-57 William F. Fretz & Son, Inc., 52 East Oak­ fabric). to 12-8-58; five learners. Learners may not land Avenue, Doylestown, Pa.; effective be employed at special minimum wage rates Hosiery Industry Learner Regulations 12-2-57 to 12-1-58 (men’s single pants). in the production of separate skirts (blouses William F. Fretz & Son, Inc., Pipersville, (29 CFR 522.1 to 522.11, as amended, and and Jackets). Pa.; effective 12-2-57 to 12-1-58 (m en’s single 29 CFR 522.40 to 522.43, as amended). W . E. Stephens Manufacturing Co., Inc., pants). Watertown, Tenn.; effective 12-19—57 to 12- SerLing Mills Corp., 505 North Third Street, Glen of Michigan, Division Rhea Manufac­ 18-58; 10 learners (ladies’ shorts, pedal push­ Quincy, 111.; effective 12-9-57 to 6-8-58; 10 turing Co., 77 Hancock Street, Manistee, ers; men’s cotton shirts and jackets). learners for plant expansion purposes (seam­ Mich.; effective 12-6-57 to 12-5-58. Learners Tamaqua Garment Co., 137 West Broad less) . may not be employed at special minimum Street, Tamaqua, Pa.; effective 12-4-57 to wage rates in the production of separate Knitted Wear Industry Learner Regu­ 12-3-58; 10 learners (women’s stout dresses), skirts (women’s and misses’ dresses, blouses). Thorntown Textile Co., Inc., Thorntown, lations (29 CFR 522.1 to 522.11, as Grafton Manufacturing Co., Route No. 4, Ind.; effective 12-9-57 to 12-8-58; 10 learners amended, and 29 CFR 522.30 to 522.35, Riverside Drive, Grafton, W. Va.; effective (women’s and children’s cotton blouses). as amended). 12- 5-57 to 12-4-58 (ladies’ blouses). Iva Manufacturing Co., Iva, S. C.; effective Washco Manufacturing Co., Millry, Ala.; Beeren Knitwear, Inc., Clover, S. C.; effec­ 13- 4-57 to 12-3-58 (ladies’ blouses). effective 12-6—57 to 12-5-58; 10 learners tive 12-5—57 to 6-4-58; 25 learners for plant McAdoo Manufacturing Co,, Inc., South (sport shirts). expansion purposes (men’s and boys’ tee Hancock Street, McAdoo, Pa.; effective Wyoming Valley Garment Co., 237 Old shirts). 12-6-57 to 12-5-58 (children’s and men’s River Road, Wilkes-Barre, Pa.; effective 12-5— Cluett, Peabody & Co., Inc., Gilbert, Minn.; polo shirts). 57 to 12-4-58; 10 learners (m en’s and boys’ effective 12-17-57 to 12-16-58; five learners Madill Manufacturing Co., Inc., Madill, trousers). for normal labor turnover purposes (cut and Okla.; effective 12-5-57 to 12-4-58 (m en’s The following learner certificates were sewn underwear). dress slacks). issued for plant expansion purposes. Ellwood Knitting Mills, Inc., 911 Lawrence Mayflower Manufacturing Co., Inc., 460-506 Avénue, Ellwood City, Pa.; effective 12-11-57 The effective and expiration dates and North Main Avenue, Scranton, Pa.; effective to 12-10-58; 5 percent of the total number 12-12-57 to 12-11-58 (trousers). the number of learners authorized are of factory production workers for normal M. Nirenberg Sons, Inc., 750 Second Avenue, indicated. labor turnover purposes (knitted outerwear). Troy, N. Y.; effective 12-9-57 to 12-8-58 (men’s shirts). Bestform Foundations of Windber, Inc., Seamprufe, Inc., McAlester, Okla.; effec­ Wm. H. Noggle & Sons, Inc., Grant and 19th Street and Veil Avenue, Windber, Pa.; tive 12-5-57 to 12-4-58; 5 percent of the total High Streets, Manheim, Pa.; effective 12-6-57 effective 12-9-57 to 6-8-58; 90 learners (bras­ number of factory production workers in the to 12-5-58 (boys’ and girls’ shirts)* sieres) , production of ladies’ knitted underwear for 10070 NOTICES normal labor turnover purposes (slips and “the act”) to determine at a hearing be­ ing House, Inc.» File No. 24NY-4090; lingerie). ginning July 10,1957, whether it is neces­ John Paul Enterprises, Inc., File No. Womelsdorf Manufacturing Co., Inc., Third sary or appropriate for the protection of and Mulberry Streets, Womelsdorf, Pa.; ef­ 24NY—4193. fective 12-4-57 to 12-3-58; five learners for investors to suspend for a period not ex­ Russell Janney as “Frontier Com­ normal labor turnover purposes (sweaters). ceeding twelve months, or to withdraw, pany”, 56 West 45th Street, New York, the registration of the capital stock of N. Y.; International Telo-Service Cor­ Regulations Applicable to the Em­ Bellanca Corporation (hereinafter called poration, 135 East 50th Street, New ployment of Learners (29 CFR 522.1 to “registrant”) on the American Stock Ex­ York, N. Y .; Turbo Corporation of Amer­ 522.11, as amended). change for failure to comply with section ica, 121 South Broad Street, Philadel­ Oxford-Hopkins Co., Inc., 210 Broad Street, 13 of the act and the rules and regula­ phia, Pennsylvania; Lake Champlain Lynn, Mass.; effective 12-6-57 to 6-5-58; au­ tions adopted thereunder, and for failure Associates, Inc., Wellsboro, New York; thorizing the employment of 10 percent of to comply with the disclosure require­ Austrulus Corporation of America, 15 the total number of factory production work­ ments of Regulation X-14 adopted pur­ Exchange Place, Jersey City, New Jer­ ers for normal labor turnover purposes, in suant to section 14 (a) of the act. the occupations of scarfing, sticking, stud­ sey; H. F. Rieser’s Sons, Inc., West Lees- ding, stapling, measuring and spooling, and On November 29, 1957 the Commission port, Pennsylvania; George L. Headley stitching, each for a learning period of 480 issued its order summarily suspending Associates, Inc., 40 East 51st Street, New hours at the rates of 87 cents an hour for trading of said securities on the exchange York, N. Y .; Real Estate Clearing House, the first 240 hours and 93 cents an hour for pursuant to section 19 (a) (4) of the act Inc., 161 West 54th Street, New York, the remaining 240 hours (manufacturing for the reasons set forth in said order N. Y.; and John Paul Enterprises, Inc., from leather or any shoe upper materials for to prevent fraudulent, deceptive or 150 Broadway, New York, N. Y., each footwear, including bows, ornates, and trimmings). manipulative actsx or practices for a filed with the Commission a notification See-Gal Manufacturing Co., 220 Franklin period of ten days ending December 19, on Form 1-A relating to a proposed pub­ Street, Johnstown, Pa.; effective 12-6-57 to 1957. lic offer of securities for the purpose of 12-5-58; authorizing the employment of 3 III. The Commission being of the obtaining an exemption from the reg­ learners for normal labor turnover purposes, opinion that the public interest requires istration requirements of the Securities in the occupation of sewing machine opera­ the summary suspension of trading in Act of 1933, as amended, pursuant to the tor for a learning period of 320 hours at the such security on the American Stock Ex­ provisions of section 3 (b) thereof and rates of 87 cents an hour for the first 160 change and that such action is necessary Regulation A promulgated thereunder; hours and 90 cents an hour for the remain­ ing 160 hours (ladies’ belts). and appropriate for the protection of and investors; and The Commission having been advised Each learner certificate has been is­ The Commission being of the opinion that the terms and conditions of said sued upon the representations of the that such suspension is necessary in or­ Regulation A have not been complied employer which, among other things, der to prevent fraudulent, deceptive, or with in that each issuer has failed to file were that employment of learners at manipulative acts or practices, with the on Form 2-A reports of sales as required subminimum rates is necessary in order result that it will be unlawful under sec­ by Rule 224 of Regulation A and has to prevent curtailment of opportunities tion 15 (c) (2) of the Securities Ex­ ignored requests by the Commission’s for employment, and that experienced change Act of 1934 and the Commission’s staff for such reports. workers for the learner occupations are Rule X-15C2-2 thereunder for any It is ordered, Pursuant to Rule 223 (a) not available. The certificates may be broker or dealer to make use of the mails of the general rules and regulations annuled or withdrawn, as indicated or of any means or instrumentality of under the Securities Act of 1933 that the therein, in the manner provided in Part interstate commerce to effect any trans­ exemption under regulation be, and it 528 of Title 29 of the Code of Federal action in, or to induce or attempt to hereby is, temporarily suspended in each Regulations. Any person aggrieved by induce the purchase or sale of, such instance. the issuance of any of these certificates security otherwise than on a national Notice is hereby given that any person may seek a review or reconsideration securities exchange, having any interest in the matter with thereof within fifteen days after publi­ It is ordered, Pursuant to section 19 respect to any aforesaid company or cation of this notice in the F e d e r a l (a) (4) of the Securities Exchange Act companies may file with the Secretary of R e g i s t e r pursuant to the provisions of of 1934, that trading in said securities the Commission a written request for a 29 CFR 522.9. on the American Stock Exchange be hearing; that, within 20 days after re­ Signed at Washington, D. C., this 10th summarily suspended in order to prevent ceipt of such request, the Commission day of December 1957. fraudulént, deceptive, or manipulative will, or at any time upon its own motion acts or practices for a period of ten (10) may, set the matter down for hearing at M i l t o n B r o o k e , days, December 11 to 20, 1957, inclusive. a place to be designated by the Commis­ Authorized Representative By the Commission. sion for the purpose of determining of the Administrator. whether this order of suspension should, [F. R. Doc. 57-10374; Filed, Dec. 13, 1957; [ s e a l ] O r v a l L . D u B o i s , be vacated or made permanent for any , 8:53 a.m .] Secretary. such company, without prejudice, how­ [F. R. Doc. 57-10346; Filed, Dec. 13, 1957; ever, to the consideration and presenta­ 8:47 a. m.] tion of additional matters at the hearing; SECURITIES AND EXCHANGE and that notice of the time and place for COMMISSION . said hearing will be promptly given by the Commission. [File No. 1-2115] [File No. 24NY-3415 etc.] By the Commission. B e l l a n g a C o r p . F r o n t i e r C o . e t a l . [ s e a l ] O r v a l L. D u B o i s , ORDER SUMMARILY SUSPENDING TRADING ORDER TEMPORARILY SUSPENDING EXEMP­ Secretary. TION, STATEMENT OP REASONS THEREFOR, D e c e m b e r 10, 1957. [F. R. Doc. 57-10347; Filed, Dec. 13, 1957; AND NOTICE OF OPPORTUNITY FOR HEARING In the matter of trading on the Amer­ 8:47 a. m.] ican stock Exchange in the $1.00 par D e c e m b e r 10, 1957. value capital stock of Bellanca Corpora­ In the matter of Russell Janney as tion, File No. 1-2115. “Frontier Company”, File No. 24NY- I. The $1.00 par value capital stock 3415; International Telo-Service Cor­ [File No. 7-1902] of Bellanca Corporation is listed and poration, File No. 24NY-3473; Turbo U n i t e d S t a t e s B o r a x & C h e m i c a l C o r p - registered on the American Stock Ex­ Corporation of America, File No. 24NY- change, a national securities exchange; 3490; Lake Champlain Associates, Inc., N O T IC E OF A P P L IC A T IO N FOR U N LISTE D TRAD­ and File No. 24NY-3676; Austrulus Corpora­ ING PRIVILEGES, AND OF OPPORTUNITY FOR II. The Commission on April 24, 1957, tion of America, File No. 24NY-3731; H. HEARING issued its order and notice of hearing F. Rieser’s Sons, Inc., File No. 24NY- D e c e m b e r 10, 1957. under section 19 (a) (2) of the Securities 3801; George L. Headley Associates, Inc., In the matter of application by the Exchange Act of 1934 (hereinafter called File No. 24NY-3823; Real Estate Clear­ Boston Stock Exchange for unlisted trad- Saturday, December 14, 1957. FEDERAL REGISTER 10071 ing privileges in United States Borax & person, the Commission will determine tion will be determined by order of the Chemical Corporation, common stock; whether to set the matter clown for hear­ Commission on the basis of the facts File No. 7-1902. ing. Such request should state briefly stated in the application and other in­ The above named stock exchange, pur­ the nature of the interest of the person formation contained in the official file of suant to section 12 (f) (2) of the Secu­ making the request and the position he the Commission pertaining to the rities Exchange Act of 1934 and Rule proposes to take at the hearing. In ad­ matter. X-12F-1 promulgated thereunder, has dition, any interested person may sub­ made application for unlisted trading mit his views or any additional facts By the Commission. bearing on this application by means of privileges in the specified security, which [ s e a l ] O rval L. D u B o is , is listed and registered on the New York a letter addressed to the Secretary of the Secretary. Stock Exchange. Securities and Exchange Commission, Upon receipt of a request, on or before Washington 25, D. C. If no one requests [F. R. Doc. 57-10348; Filed, Dec. 13, 1957; December 27, 1957, from any interested a hearing on this matter, this applica­ 8:48 a. m.]