^ O N A L ^

^ % Av I MANET I \f* ERERAL * s ^ XcQjP ^ ^ REGISTER VOLUME 20 ' V / J 9 3 4 NUMBER 238 O N i T t O ^

Washington, Thursday, December 8, 1955

TITLE 16— COMMERCIAL became, pursuant to § 3.21 of the rules CONTENTS of practice, the “Decision of the Com­ PRACTICES mission”. Agricultural Marketing Service Pa8® The order to cease and desist is as Proposed rule making: Chapter I— Federal Trade Commission follows: U. S. standards: . [Docket 6384] I t is ordered, That respondents Novel Cherries, sweet ______9017 Mfg. & Distributing Co., Inc., a corpora­ Grapefruit juice, dehydrated- 9020 Part 13—D igest of Cease and D esist tion, and its officers, and Sam Weitz and Orange juice, canned______9018 O rders Richard Weith, individually and as offi­ Agriculture Department NOVEL MFG. & DISTRIBUTING CO., INC., ET AL. cers of said corporation, and Russell See Agricultural Marketing Serv­ Weith, individually and as general man­ ice; Commodity Stabilization Subpart—Advertising falsely or mis­ ager of said corporation, and respond­ Service ; Rural Electrification leadingly: § 13.125 Limited offers or sup­ Administration. ents’ representatives, agents and em­ ply; § 13.135 Nature: Product or service; Business and Defense Services § 13.155 Prices: Usual as reduced, special, ployees, directly or through any corpo­ etc. Subpart—:Misrepresenting oneself rate or other device, in connection with Administration and goods—Goods: § 13.1685 Nature: the offering for sale, sale or distribution Rules and regulations: [Misrepresenting oneself and goods] — in commerce, as “commerce” is defined Titanium mill products; limita­ Prices: § 13.1825 Usual as reduced or to in the Federal Trade Commission Act, tions on required acceptance of rated orders______9008 l)e increased. Subpart— Offering unfair, of a so-called floral centerpiece desig­ improper and deceptive inducements to nated as the “Garden Under Glass,” or Commerce Department 'purchase or deal: § 13.2000 Limited of­ by any other name or names, or any See Business and Defense Serv­ fers or supply. other merchandise, do forthwith cease ices Administration. (Sec. 6, 38 Stat. 721; 15 U. S. O. 46. Interpret and desist from representing, directly or Commodity Stabilization Service or apply sec. 5, 38 Stat. 719, as amended; 15 by implication:' Notices: U. S. C. 45) [Cease and desist order, Novel 1. That any flowers which they sell or Organizations, functions and Mfg. & Distributing Co., Inc., et al., New offer for sale are natural flowers unless delegations of authority_____ 9035 York, N. Y., Docket 6384, November 23, 1955] Proposed rule making: such is the fact. Rice; 1956 crop; farm market­ In the Matter of Novel Mfg. & Distrib­ 2. That offers to sell merchandise at ing quotas and acreage allot­ uting Co., Inc., a Corporation; and Sam designated prices are limited as to time ments; determinations to be Weitz and Richard Weith, Individually when they are continuous offers. made______9021 and as Officers of Said Corporation; 3. That the usual and customary price Federal Communications Com­ and Russell Weith, Individually and as of any merchandise, is in excess of the General Manager of Said Corporation mission price at which said merchandise is reg­ Notices: This proceeding was heard by Everett ularly and customarily sold in the normal Hearings, etc.: P. Haycraft, hearing examiner, upon the course of business. Central New York Broadcast­ complaint of the Commission—which By said “Decision of the Commission” , ing Corp______9028 charged respondent corporation and its report of compliance was required as Miners Broadcasting Service, officers with advertising falsely in news­ follows: Inc., et al______9029 Ole Mississippi Broadcasting papers and other publications that its I t is ordered, That the respondents floral centerpiece known as the “Garden Co. (WSUH) et al______9028 herein shall within sixty (60) days after Stone, Charles W ______9030 Under Glass” contained natural flowers, service upon them of this order, file with Proposed rule making: that its offer to sell the product at desig­ the Commission a report in writing set­ Alaska; frequency allocations__ 9022 nated prices was for a limited time, and ting forth in detail the manner and Automobile emergency radio that the prices at which it was offered form in which they have complied with services______9023 tor sale were reduced—and an agree­ the order to cease and desist. Rules and regulations: ment between the parties providing for Alaska; public fixed stations and he entry of a consent order in accord­ Issued: November 23, 1955. stations of maritime services. 9016 ance with § 3.25 of the Commission’s CONELRAD: rules of practice. By the Commission. Amateur radio service______9015 Public safety radio services__9014 Upon this basis, the hearing examiner [ seal] R obert M. P ar r ish , a e his initial decision and order to Secretary. Maritime services: Stations on land______9013 cease and desist, which by the Com- [P.^R. Doc. 55-9869; Filed, Dec. 7, 1955; Stations on shipboard™_____ 9013 aussion’s order of November 23, 1955, 8:51 a. m.] Radio broadcast services______9011 9007 9008 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE— Con. Federal Trade Commission Pa&e Title 47 Page FEDERAUKREGISTER Rules and regulations: Chapter I: Novel Mfg. & Distributing Co., Part 3______9011 Inc., et al; cease and desist Proposed rules______9022 order______— 9007 Part 7______—______9013 Published daily, except Sundays, Mondays, Part 8_____ 9013 and days following official Federal holidays, Interior Department Part 10______9014 by the Federal Register Division, National See Land Management Bureau. Part 12______9015 Archives and Records Service, General Serv­ Land Management Bureau Part 14—___;______9016 ices Administration, pursuant to the au­ Part 16 (proposed)______9023 thority contained in the Federal Register Act, Notices: approved July 20, 1935 '"(49 Stat. 500, as California; restoration order— 9027 amended; 44 U. S. C., ch. 8B ), under regula­ Proposed withdrawal and res­ tions prescribed by the Administrative Com­ ervation of lands: TITLE 32A— NATIONAL DEFENSE, mittee of the Federal Register, approved by the President. Distribution is made only by Arizona <15 documents). 9024-9026 APPENDIX the Superintendent of Documents, Govern­ Colorado______9027 Chapter VI— Business and Defense ment Printing Office, Washington 25, D. C. Wisconsin; filing of plat of The Federal R egister will be furnished by survey and order providing Services Administration, Depart­ mail to subscribers, free of postage, for $1.50 for opening of public lands— 9027 ment of Commerce per month or $15.00 per year, payable in Rules and regulations: advance. The charge for individual copies [BDSA Order M-107, Arndt, 1 of December 6, Oil and gas leases; leasing of 1955] (minimum 15 cents) varies in proportion to wildlife refuge lands______; 9009 the size of the issue. Remit check or money M-107—T itanium M ill P roducts order, made payable to the Superintendent Panama Canal of Documents, directly to the Government LEAD TIME FOR REQUIRED ACCEPTANCE 07 Printing Office, Washington 25, D. C. Rules and regulations: RATED ORDERS Passenger steamers given pref­ The regulatory material appearing herein This amendment is found necessary Is keyed to the Code of Federal R egulations, erence in transiting______9009 which is published, under 50 titles, pursuant and appropriate to promote the national to section 11 of the Federal Register Act, as Railroad Retirement Board defense and is issued pursuant to the amended August 5, 1953. The Cose of F ed­ Rules and regulations: Defense Production Act of 1950, as eral R egulations is sold by the Superin­ Employers’ contribution re­ amended. In the formulation of this tendent of Documents. Prices of books and ports______9009 amendment, there was consultation with pocket supplements vary. Rural Electrification Adminis­ industry representatives, including trade There are no restrictions on the re­ association representatives, and consid­ publication of material appearing in the tration eration was given to their recommenda­ F ederal R egister, or the Code of Feseral Notices: Regulations.' tions. Loan announcements (28 docu­ This amendment affects BDSA Order ments) ______9035-9038 M-107 by further limiting required ac­ Securities and Exchange Com-. ceptance of rated orders for titanium CFR SUPPLEMENTS mission mill products to orders which are re­ ceived not less than 3 months prior to (For use during 1955) Notices : the first day of the month in which de­ Financial Industrial Fund, Inc. ; livery is requested. The following Supplement is now application to permit certain available: Section 4 of BDSA Order M-107 is reinvestments of dividend hereby amended to read as follows: General Index ($1.25) distributions at net asset value___ — ____ 9035 Sec. 4. Limitations on required ac­ All of the Cumulative Pocket Supplements ceptance of rated orders, (a) Unless and revised books of'the Code of Federal CODIFICATION GUIDE specifically directed by BDSA, no pro­ Regulations (as of January 1, 1955) ducer of titanium mill products shall be are now available with the exception of Titles 1—3 A numerical list of the parts of the Code required to accept rated orders calling of Federal Regulations affected by documents for delivery during any calendar month, Order from Superintendent of Documents, published In this issue. Proposed rules, as commencing with the month of June Government Printing Office, Washington opposed to final actions, are identified as 1954, of an aggregate quantity of tita­ such. 25, D. C. nium mill products by weight which Title 7 PaS« exceeds 90 percent of his scheduled Chapter I: production of such products for that CONTENTS— Continued Part 51 (proposed)______9017 calendar month: Provided, however, Part 52 (proposed) (2 docu­ That no producer shall cancel or post­ Federal Power Commission Page ments)______9018,9020 pone delivery of any rated orders already Chapter VII: accepted because such orders exceed 90 Notices: percent of his scheduled production for Hearings, etc.: Part 730 (proposed)______— 9021 that month. Cities Service Gas Co. and Title 16 Signal Oil and Gas Co----- 9031 (b) Unless specifically directed by Fort Peck Project, Montana— 9034 Chapter J: BDSA", a producer of titanium mill prod­ Halbouty, Michel T., and Part 13____ 9007 ucts need not accept a rated order which Harry B. Sims______9033 Title 20 he receives less than 3 months prior to Jordan, Thomas, Inc____,— _ 9033 the first day of the month in which de­ Chapter n : livery is requested. Kansas - Nebraska Natural Part 345______9009 Gas Co., Inc______9031 (64 Stat. 816, as amended; Pub. Law 295, 84th Marshall, J. E., et al______9033 Title 32A Cong.; 50 U. S. C. App. 2154) Midwestern Gas Transmission Chapter VI (BDSA): This amendment shall take effect De­ Co. and Tennessee Gas M-107— ______9008 cember 6, 1955. Transmission Co______- 9032 Title 35 Pacific Northwest Pipeline B u sin ess and D efense Chapter I: S ervices A dministration , Corp. et al______9034 Part 4_____;______9009 G eorge W. A u x ie r , Rebstock & Reeves Drilling Executive Secretary. Co______9031 Title 43 Tamborello, Anthony J., et al- 9035 Chapter I: [F. R. Doc.- 55-9909; Filed, Dec. 6, 1955* United Gas Pipe Line Co_____ 9035 Part 192______9009 2:53 p. m.J Thursday, December 8, 1955 FEDERAL REGISTER 9009

TITLE 20— EMPLOYEES’ of this class, special consideration will including the leased area cannot be BENEFITS be given to those vessels which are actu­ secured and that drilling is necessary to ally ready for transit at regular fixed protect>the interests of the United States. Chapter II— Railroad Retirement hours. (a) A unit agreement which includes Board (Sec. 5, 37 Stat. 562, as amended; 2 C. Z. lands administered for wildlife conserva­ Code 9, 48 U. S. C. 1318. E. O. 9746, 11 F. R. tion shall contain a provision that no Part 345— Employers’ Contributions 7329, 3 CFR, 1946 Supp.) drilling operations may be conducted on and Contribution R eports Issued at Balboa Heights, Canal Zone, the unitized portion of the Government- employers’ contribution reports November 28,1955. leased lands administered for wildlife conservation without the consent and Pursuant to the general authority [ seal] J. S. Seybold, approval of the Pish and Wildlife Service contained in section 12 of the act of June -Governor. as to the time, place, and nature of such 25, 1938 (52 Stat. 1094, 1107; 45 U. S. C. [F. R. Doc. 55-9855; Filed, Dec. 7, 1955; operations. 362) § 345.5 (a) (2) of the Regulations 8:48 a. m.] (b) In every instance, a plan of devel­ under such act (4 P. R. 4370; 12 P. R . opment which includes lands adminis­ 2327; 17 F. R. 2303) is amended by tered for wildlife conservation shall not Board Order 55-325 dated November 21, TITLE 43— PUBLIC LANDS: be approved without the concurrence of 1955, to read as follows: INTERIOR the Fish and Wildlife Service. § 345.5 Employers’ contribution re- (iii) Lessees shall observe and comply porfs^-(a) General. * * * Chapter I— Bureau of Land Manage­ with all State and Federal laws and reg­ (2) (i) If an employer was covered by ment, Department of the Interior ulations relating to wildlife and shall the Act during an entire calendar year, take such action as is necessary to assure [Circular 1945] and if the creditable compensation re­ observance and compliance with these laws and regulations by lessees, employ­ ported during such year, multiplied by P art 192— Oil and G as L eases the contribution rate for the following ees and agents. year produces an amount of less than ' LEASING OF WILDLIFE REFUGE LANDS (Sec. 32, 41 Stat. 450; 30 U. S. C. 189)/ $100, the employer may elect to make a Section 192.9 is amended to read as D ouglas M cK a y , single contribution report for such fol­ follows: lowing year.. Secretary of the Interior. (ii) Except as otherwise provided by § 192.9 Leasing of wildlife refuge Appendix A—Fish and Wildlife Service Lands agreement with the Board, each em­ lands, (a) Geological and geophysical N ot Available for Leasing ployer is required to file a separate prospecting permits may be issued by the Alaska: contribution report, and consolidated Pish and Wildlife Service on areas sub­ Certain of the Aleutian Islands. ject to its jurisdiction prior to leasing Georgia: contribution reports of parent and sub­ Okefenokee. *n sidiary corporations are not permitted. under such terms and conditions as that Service may prescribe. Hawaii: 1 (iii) Contribution reports of employ­ (b) (1) Areas determined to be indis­ Certain of the Hawaiian Islands. ers who are required by State laws to Maryland: pensable for the preservation of rare or pay compensation on a weekly basis shall Patuxent. endangered species, remnant big-game Montana: include with respect to such compensa­ herds, and irreplaceable examples of tion all pay roll weeks in which all or the National Bison Range. unique animal or plant ecology are not Red Rock Lakes. major part of the compensation falls available for leasing. Areas in this cate­ Nebraska: within the period for which the reports Fort Niobrara. are required. gory at present are included in Appendix A. Oil and gas leases may be issued for North Dakota: (Sec. 12,52 Stat. 1107, as amended; 45 U. S. C. Sullys Hill. 362) « other lands administered by the Pish Oklahoma: and Wildlife Service for wildlife conser­ Wichita Mountains. Dated: December 1, 1955. vation, except that; on those areas des­ Texas: ignated by the Fish and Wildlife Service Aransas. By authority of the Board. as wilderness, recreational, water devel­ Santa Ana. Wyoming: M a r y B. L in k in s , opment, or marsh, with respect to which National Elk. Secretary of the Board. the Pish and Wildlife Service reports that oil and gas development might seri­ Appendix B— Fish and Wildlife Service (P. R. Doc. 55-9850; Filed, Dec. 7, 1955; L ands Available for Leasing Under a Sat­ 8:47 a. m.] ously impair or destroy the usefulness of the lands for wildlife conservation pur­ isfactory Development and Operating poses, no leases will be issued unless a Plan TITLE 35— PANAMA CANAL complete and detailed operating pro­ Alabama: gram for the area, which will insure full Petit Bois (see also Mississippi). Chapter I— Canal Zone Regulations protection of the particular values for Wheeler. which established, is approved by the Alaska: Part 4—Operation and N avigation of Director, Pish and Wildlife Service. All Chamisso. Panama Canal and Adjacent W aters Hazen Bay. pending applications on such excepted Hazy Island. passenger steamers given preference in wilderness, recreational, water develop­ Kenai: The following areas and all lands transiting ment, and marsh areas will be rejected within one mile of Tustemena Lake, Punniant the authority vested in unless within 6 months the applicant Skilak Lake, Kenai River, Upper and jne Governor by section 4.7 of Title 35, flies an operating program sufficient to Lower Russian Lake and River Hidden accomplish these purposes. Areas in Lake, Kasilof River, and Chickaloon of ,Federal Regulations, as adopted this category are listed in Appendix B. Flats. ;;.c™ Zone Order 30, January 6, 1953 (2) The following conditions shall be Pribilof Islands. St. Lazaria. as fiffiows*^^* ^ ^ *s arnen(*ed to read expressed in any lease issued under this Semidi. section: Arizona: • ^assen9er steamers given pref- (i) Geological and geophysical pros­ Cabeza Prieta Game Range. tn ^r.ans^ n9' Regular passeng© pecting conducted on the leased prem­ Havasu Lake (see also California). .¿earners Wlth accommodations for 50 o: ises shall be of a type and at a time Imperial (see also California). n m ^ aSSengers’ when carrying mail ant satisfactory to the Pish and Wildlife Kofa Game Range: All Range lands in T. on Axed published schedules Service. 1 N., Rs. 15-18 W.; T. 2 N., Rs. 16 & 17 onpro?* 6 extent consistent with efficient (ii) No drilling operations shall be W.; T. 1 S., Rs. 15-18 W.; T. 2 S., Rs. 15-19 W.; T 3 S, Rs 15, 18, & 19 W.; T. 4 S., m w conducted under the lease until such the 1 of; ? e Canal> as determined bj R. 17 West T. 5 S., Rs. 17 & 18 W.; ovpr J£me Dlrector, be given preferenc« lease has been committed to an approved T. 4 S., R. 18 W, unit plan. However, the Secretary may, on board u 1 passengers actuaii; in his discretion, permit or require drill­ 1 The regulations in 43 CFR, Part 192 do not f d. However, as between vessel ing if he determines that a unit plan apply to the Territory of Hawaii. 9010 RULES AND REGULATIONS '

Arkansas: Rice Lake. Chase Lake. Big Lake. Tamarac. Des Lacs. White River. Talcot. Lake Ilo. California: Upper Mississippi River Wild Life and Fish Kellys Slough. Clear Lake. Refuge (see also Illinois, Iowa, and Wis­ Lake Zahl. Colusa. consin). Long Lake. Farallon. Mississippi: Lost wood. *» Havasu Lake (see also Arizona). Noxubee: All refuge lands in the following Lower Souris: All refuge lands north of the Imperial (see also Arizona). subdivisions: T. 17 N., R. 13 E., secs. 13, line common to Townships 158 and 159 Lower Klamath (see also Oregon). 14, 23, 24, 25, 23, and 36; T. 16 N., R. 14 North. Sacramento. E., secs. 1-4, 9-15, and 21-24; T. 17 N., R. Slade. Salton Sea. 14 E., secs. 31-35; T. 16 N., R. 15 E., secs. Stump Lake. Sutter. 4-8 and 16-21. Tewaukon. Tule Lake. Petit Bois (see also Alabama). Theodore Roosevelt. Colorado: Missouri: Upper Souris. Monte Vista: Mingo. Ohio: Delaware: Lands made available by the Corps of West Sister Island. Bombay Hook. Engineers on the Mississippi River be­ Oklahoma: Killcohook (see also New Jersey). tween Rock Island and Alton, Illinois. Salt Plains. Florida: Missouri Wildlife Management Area. Oregon: Anclote. Squaw Creek. Cape Meares. Brevard. Swan Lake. Cold Springs. Cedar Keys. Montana: Lower Klamath (see also California). Chassahowitzka. Benton Lake. Malheur. Chinsegut. Bowdoin. McKay Creek. Great White Heron. Medicine Lake: All refuge lands in the Oregon Islands. Key West. following subdivisions: T. 30 N., R. 55 Three Arch Rocks. Loxahatchee. E.. all; T. 31 N „ Rs. 55 and 56 E., all; Upper Klamath. Passage Key. T. 31 N., R. 57 E., secs. 3-7, inclusive,Puerto Rico:1 Pelican Island. all; Sec. 8, Ny2 and SW»/4; Sec. 9, W l/2 Culebra. Pinellas. NWi4; Sec. 18, N»/2NE)4, NWV4, N»/2 South Carolina: Sanibel. SW%; T. 32 N., Rs. 55, 56, 57, 58 E., all. Cape Romain. St. Marks: All refuge lands in Ts. 4 and 5 Nine-Pipe. Santee. S., Rs. 1, 2, and 3 E., T. M., and refuge Pablo. Savannah (see also Georgia). lands in the Hartsfleld Survey. Pishkun. South Dakota: Georgia: Willow Creek. Bear Buttee. Blackbeard Island. Nebraska: Belle Fourche. Savannah (see also South Carolina). Crescent Lake: All refuge lands in the fol­ Lacreek. Tybee. lowing subdivisions: T. 20 N., R. 44 W , Lake Andes. W olf Island. secs. 2-7, inclusive, 9, 10, 11, and 18, all; Sand Lake. Idaho: T. 21 N., Rs. 44 and 45 W., all. Waubay. Camas. North Platte. Tennessee: Deer Flat. Valentine: All refuge lands in the follow­ Lake Isom. Minidoka. ing subdivisions: T. 28 N., R. 27 W., secs. Reelf oot. Snake River. 3-8, inclusive; T. 28 N., R. 28 W., secs. Tennessee. Illinois: 1 and 12; Ts. 29 and 30 N., Rs. 27, 28, and Texas: Chautauqua. 29 W., all. Laguna Atascosa. Crab Orchard. Nevada: Muleshoe. Lands made available by the Corps of Engi­ Anaho Island. Utah: neers on the Mississippi River between Desert Game Refuge: All Range lands in Bear River Migratory Bird Refuge. Rock Island and Alton, Illinois (see also the following subdivisions: Ts. 9-14 S., Locomotive Springs. Iowa and Missouri). Rs. 54-62 E., all; T. 15 S., Rs. 56-62 E., Vermont: Upper Mississippi River Wild Life and Fish all; T. 16 S., Rs. 56. 57, and 58 E., Secs. Missisquoi. Refuge (see also Iowa, Minnesota, and 1-6, inclusive; Ts. 16 and 17 S., Rs. 59— Virginia: Wisconsin). 62 E., inclusive, all; T. 18 S., Rs. 60, 61, Back Bay. Iowa: and 62 E., all; also all lands above 6,000' Chincoteague (see also Maryland). Lands made available by the Corps of En­ elevation in the following area: T. 17 S., Presquile. gineers on the Mississippi River between Rs. 54 and 55 E.; Ts. 18 and 19 S., Rs. Washington: Rock Island and Alton, Illinois (see also 54, 55, and 56 E.; T. 20 S., Rs. 55, 56, 57, Columbia. Illinois and Missouri). and 68 E.j T. 21 S., Rs. 56, 57, and 58 E. Copalis. • Union Slough. Sheldon National Antelope Refuge. Dungeness. Upper Mississippi River Wild Life and Fish Stillwater National Wildlife Management Flattery Rocks. Refuge (see also Illinois, Minnesota, and Area. Jones Island. Wisconsin). Stillwater National Wildlife Refuge. Lenore Lake. Kansas: New Jersey: Matia Island. Kirwin Wildlife Management Area. Brigantine. Quillayute Needles. Kentucky: Killcohook (see also Delaware). Smith Island. Kentucky Woodlands. New Mexico: Turnbull. Louisiana: Bitter Lake: All of the lands of the refuge Skagit. Lacassine. west of the Pecos River in the following Willapa. Shell Keys. area: T. 9 S., R. 25 E., secs. 14, 15, 21, 22, Wisconsin: Maine: 23, 26, 27, 28, 32, 33, 34, and 35; T. 10 Gravel Island. Widow’s Island. S., R. 25 E., secs. 3, 4, 5, 8, 9, 10, 11, 14, Green Bay. Maryland: 15, 16, 20, 21, 22, 28, and 29. Horicon. Blackwater. Bosque del Apache: All refuge lands be­ Long Tail Point. Chincoteague (see also Virginia). tween the East Side Road and the pro­ Necedah. Glenn Martin. posed right-of-way for U. S. Highway Necedah Wildlife Management Area. Massachusetts: No. 85. Upper Mississippi River Wild Life and Fish Great Meadows. New York: Refuge (see also Iowa, Illinois, and Min­ Monomoy. Montezuma. nesota) . Parker River. New York W ildlife Management Area. Wyoming: Michigan: Elizabeth Tilton. Hutton Lake. Huron. Wertheim. Pathfinder: All refuge lands in Townships Michigan Islands. . North Carolina: 29 and 30 N., R. 85 W. Seney. Mattamuskeet. Shiawassee. Pea Island. [P. R. Doc. 55-9852; Filed, Dec. T, 1955; Minnesota: Swanquarter. 8 :48 a. m.] Beltrami Wildlife Management Area. North Dakota: Mille Lacs. Ardoch. 1 The regulations in 43 CFR Part 192 do not Mud Lake. Arrowwood. apply to Puerto Rico. Thursday, December 8, 1955 FEDERAL REGISTER 9011 TITLE 47— TELECOMMUNI­ 4. In support of its request Elmira shifted to Lock Haven, its UHF equip­ Television urges that assignment of ment would be made available to Lock CATION Channel 9 to Elmira would conform to Haven. The agreement also contem­ Chapter I— Federal Communications the Commission’s rules and will not re­ plates the operation of a station on Commission quire any deletions or substitutions of Channel 24 at Lock Haven as a “satellite” channels in any community. It further of Station WTVE and provides that Lock [Docket No. 11194; FCC 55-1196] urges that the total population of Elmira Haven will initiate action to acquire the [Buies Amdt. 3-2] and the villages immediately surrounding 10,000 converters now in use in the El­ it is 62,164 as compared to a population mira area. In order to assign Channel Part 3—R adio B roadcast Services of 1,954 for the borough of Blossburg 24 to Lock Haven by. deleting it from TELEVISION BROADCAST STATIONS; TABLE OF which has no other cities, towns or vil­ Elmira, it is suggested that Channel 32 ASSIGNMENTS lages in the immediate vicinity—a ratio be deleted from Lock Haven, that Chan­ of approximately 32 to 1. Similarly, it is nel 45 be substituted for Channel 38 at In the Matter of amendment of § 3.606 contended that the population of the Sunbury, Pennsylvania, and that Chan­ Table of assignments, rules governing the cities and towns over 2,500 within nel 60 be substituted for Channel 24 at Television Broadcast Stations. the proposed Grade A contour, a radius Baltimore, Maryland. 1. The Commission has under consid­ of 46 miles from Elmira, amounts to 7. Lock Haven supports the assignment eration its Notice of Proposed Rule Mak­ 221,871 and that there are only 188,899 of Channel 9 to Elmira and opposes its ing issued in this proceeding on October persons within a radius of 46 miles of assignment to Blossburg. Lock Haven 7, 1954 (PCG 54-1270), and published in Blossburg. Elmira Television also con­ further supports the request of Elmira the Federal R egister on October 13, tends that the total population of towns for a Show Cause Order and the other 1954 (19 F. R. 6587), proposing to assign within 63.5 miles of Elmira, the proposed amendments necessary to make the as­ Channel 9 to either Blossburg, Pennsyl­ Grade B contour, is 357,569 as compared signment of Channel 24 feasible in Lock vania, or Elmira, New York, in response to 318,761 within 63.5 miles of Blossburg. Haven. Sunbury Broadcasting Corpora­ to petitions filed by Williamsport Radio It is therefore, contended that the as­ tion opposes this phase of the request, Broadcasting Associates, Inc., and John signment of Channel 9 to Elmira would urging that it has expended considerable S. Both and Thompson K. Cassel, d/b provide a more fair, efficient and eco­ time and money in connection with an as Elmira Television, respectively. nomical distribution of service among the application it plans to file for Channel 38 2. Comments have been filed by Elmira several states and communities as re­ at Sunbury (BPCT-1934, filed December Television, Williamsport Radio Broad­ quired by Section 307 of the Communi­ 21, 1954) and opposes the request of casting Associates, Inc., Sunbury Broad­ cations Act. Elmira Television also Lock Haven for the substitution of Chan­ casting Corporation, WBRE-TV, Inc., points out that Elmira is by far the nel 45 for 38 at that city. Sunbury urges Wyoming Valley Broadcasting Company, largest city in the area in which Channel that the public interest would not be Scranton Broadcasters, Inc.,' Copper City 9 may be employed in this section of the served by the Lock Haven proposal since Broadcasting Corporation, Lock Haven United States and therefore under the there would be no stability in the as­ Broadcasting Corporation, Southern Tier principles set forth in previous rule signment table if channels were changed Radio Service, Inc. The contentions of making proceedings Channel 9 must be at random to serve the private interest the parties are discussed below. assigned to Elmira. It is also contended of parties. 3. There is a small area in North Cen­ that in light of the distance and terrain 8. In support of its request to assign tral Pennsylvania and South Central involved, the assignment of Channel 9 Channel 9 to Blossburg, Williamsport New York where Channel 9 may be as­ to Blossburg would not provide a satis­ Radio urges that since there are no as­ signed in accordance with the Commis­ factory signal to Williamsport and hence signments presently in Blossburg, Chan­ sion’s minimum separation require­ would not accomplish the stated objec­ nel 9 in that community would not ments. Elmira Television requests that tive of Williamsport Radio’s proposal. create an intermixture problem. W il­ we assign Channel 9 to Elmira, New 5. In order to remove the conflict be­ liamsport argues that, on the other hand, York, and the mutually exclusive re­ tween the two requests, Elmira Televi­ since there are two UHF assignments al­ quest of Williamsport Radio Broadcast­ sion suggests that either Channel 11 or ready in Elmira, the assignment of ing Associates, Inc., seeks Channel 9 for Channel 13 could be assigned to the Channel 9 to that city would create such Blossburg, Pennsylvania. Elmira has a Blossburg area. It states that Channel intermixture and could result in the sub­ population of 49,716 persons and has 11 could be assigned without making any stitution of one VHF service for two pos­ been assigned UHF Channels 18 and 24. other changes in the table and that sible UHF services. Williamsport Radio Elmira Television is authorized to op­ Channel 13 could be assigned to the town submits that the assignment to Bloss­ erate Station WTVE on Channel 24, but of Mansfield, Pennsylvania, located about burg would constitute a more fair and has not been in operation since the fall 10 miles north of Blossburg, by making equitable distribution of available facili­ of 1954 when its antenna was destroyed the following changes in the table. ; ties since Pennsylvania— excluding by Hurricane “Hazel” . A station au­ Philadelphia—has 1,500,000 more per­ sons than New York— excluding New thorized to operate on Channel 18 sur­ Channel No. rendered its construction permit in City York City—it has five fewer VHF assign­ September, 1954. Two competing ap­ ments. Williamsport notes that one of plications for Channel 18 are now pend­ Delete Add the Commission’s objectives in assigning ing. Blossburg, a community of 1,933 VHF channels is to obtain the broadest TJtica-Rome, N. Y ______13 11 persons, has no television assignments. Kingston, Ontario, Canada 11 13 possible distribution and that Channel 9 Williamsport, the community which Pembroke. Ontario, Canada______13 11 would be further removed from any Williamsport Radio proposes to serve existing VHF assignment at Blossburg ttttti ^ annel 9 in Blossburg, is assigned Station W KTV operates on Channel 13 at than at Elmira. Williamsport Radio UHF Channel 36. Station W RAK-TV Utica, and an authorization has been also urges that, assuming operation with has been authorized to operate on issued for a station on Channel 11 at 100 kw at 500 feet antenna height, oper­ Channel 36 in Williamsport but is not Kingston, Ontario. ation at Blossburg would provide a first yet in operation. The assignment of 6. Elmira Television further proposesservice to a greater area and population. hannel 9 to Elmira or to Blossburg can that Channel 24, presently assigned to 9. Elmira Television argues that if the oe accomplished without making any Elmira, be shifted to Lock Haven, Penn­ objective of Williamsport Radio is to other changes in the Table of Assign­ sylvania, and that the Commission Order bring a first television service to W il­ ments, except for changes in the offset Elmira Television to Show Cause why liamsport, the proposed assignment of a channel to Blossburg, a small community requirements for Channel 9 at Washing- its authorization should not be modified of only 1,954 people, would violate good NnwP'z-P' (w t OP-TV) and Greenville, to specify operation on Channel 9 in lieu north Carolina (WNCT) . 1 assignment principles since satisfactory, of Channel 24. Elmira submits that it service could not be provided to W il­ h * letter dated October 28, 1954, WNCT has conferred with Lock Haven Broad­ liamsport and since the Rules require « . mrormed the Commission that it “has casting Corporation and has agreed that, that the main studio of a station be charu>J3+ments to add to the proposal to in the event Channel 9 is authorized to located in the principal community to be ange to a minus nine channel.” Elmira Television, and Channel 24 is served. Elmira Television argues, 9012 RULES AND REGULATIONS

further, that virtually all of the “white asserting that it has incurred expenses be in the public interest to withhold area” referred to by Williamsport Radio in excess of $50,000 in the prosecution of valuable frequencies, for which, active would be served by an operation at its application; that it proposes to bring demand is indicated, when channels can Elmira with maximum power and a second service to the BingAamton area; be added to the present Table of Assign­ height. In its reply Williamsport Radio that the assignment of Channel 9 would ments without violating the established submits that assignments of VHF chan­ have an adverse effect on its UHF sta­ minimum separations or other existing nels have been made to small communi­ tion since a VHF station in Elmira would television standards, or otherwise de­ ties; that need for a first service is place a Grade B service over the entire parting from the basic structure of the greater in Blossburg than need for a third Binghamton metropolitan area; that ex­ present television allocations plan. service in Elmira; that no showing of perience has shown that a UHF station While the Commission has, on November paramount public interest has been made cannot survive the competition from two 10, 1955, initiated a rule making pro­ by Elmira Television for a Show Cause VHF stations in the same area; and that ceeding to consider proposals for nation­ Order; that the request of Lock Haven it would tend to discourage the develop­ wide revision of the present television is predicated upon a grant of the assign­ ment of UHF in many communities and assignments and standards, we do not ment of Channel 9 for use by Elmira result in a lesser number of competitive believe it would be either justifiable or Television and is without merit; and services. desirable, pending the outcome of that that, even assuming the use of maximum 11. in reply to the comments of the proceeding, to block the potential ex­ facilities, a station at Blossburg would UHF permittees, Elmira Television and pansion of television services in a situa­ provide more of a first VHP service than Williamsport Radio submit that the pro­ tion such as this, where a new assign­ would one at Elmira. With respect to posed assignments would increase the ment can be added to the present Table the proposed^ assignment of Channel 11 VHF service in the service areas of the in complete conformity with all existing to the Blossburg area in order to remove stations involved by only a negligible requirements. Channel 9 is available for the conflict, Williamsport Radio points amount; that Binghamton is already an assignment under .our Rules in the out that the area in which Channel 11 intermixed area in view of the operation Elmira-Blossburg area. We believe the can be assigned is a very small one in of a station on Channel 12 in that city record in this proceeding supports the which there are no communities and lies and the VHF signals which are received assignment of a VHF channel in the area closer to Elmira than to Williamsport. in the area from Syracuse; and that and tjhe public interest, in our view, This area, about one-half square mile, intermixture is an integral part of the would be served by the addition. is situated about 7 miles north of Bloss­ assignment plan. Elmira Television op­ 15. Having determined that the as­ burg and 38 miles from Williamsport. poses the request of these parties for oral signment of Channel 9 in the Elmira- Williamsport Radio further points out hearing, contending that it would serve Blossburg area would serve the public that the elevation in the area in question no useful purpose and would merely de­ interest, we must next decide to which is lower than the surrounding terrain lay a final decision in this matter. community the channel should be as­ and that a station located there may not 12. Copper City Broadcasting Corpo­ signed since the requests before us are provide a satisfactory service to W il­ ration, licensee of Station W K TV on mutually exclusive. Upon our consid­ liamsport. With respect to the proposed Channel 13 at Utica, New York opposes eration of the record before us, we have assignment of Channel 13 to Mansfield, the proposal of Elmira Television for the determined that the * assignment of Williamsport Radio points out that such assignment of Channel 13 to Mansfield, Channel 9 to Elmira is to be preferred. an assignment would require a change in Pennsylvania, which would require Sta­ The need for this assignment in Elmira, the channel assignment of -one existing tion W KTV to shift from Channel 13 to in our view, outweighs the comparative United States station and also changes in Channel 11. Copper City urges that it need for this frequency in Blossburg. two Canadian assignments, on one of has provided the only television service We are not unmindful in reaching this which there is an outstanding construc­ to Utica for five years; that the proposed result of the stated objective of Wil­ tion permit. change would cost about $26,000; that it liamsport Radio in seeking Channel 9 10. WBRE-TV, Inc., permittee of Sta­would cost the public about $860,000 to for Blossburg to afford a first VHF serv­ tion W BRE-TV on Channel 28 at Wilkes- make adjustments or changes in antenna ice to Williamsport, a city of some 45,000 Barre, Pennsylvania; Wyoming Valley installations; that it would require the persons. Nevertheless, Channel 9 can­ Broadcasting Company, permittee of station to be off the air for about a two- not, under our mileage separation re­ Station WILK-TV on Channel 34 at week period; and that it has expended quirements, be assigned to Williamsport Wilkes-Barre, and Scranton Broadcast­ over $200,000 in promotion and publicity directly, and Blossburg is approximately ers, Inc., permittee of Station W GBI-TV for the operation of the station on Chan­ 30 miles distant from Williamsport. on Channel 22 at Scranton, Pennsyl­ nel 13. Copper City also requests a 16. While we have determined that vania, filed a joint comment opposing hearing or oral argument in the instant Channel 9 should be assigned to Elmira, the proposals of both Elmira and matter. we are of the view that this assignment Williamsport Radio. These parties urge 13-. We are faced in this proceeding should be made available for application that the North Central and North East­ with two mutually exclusive proposals: by any interested party, and that Elmira ern sections of Pennsylvania and the One seeks the assignment of Channel 9 Television’s request for the issuance of a South Central portion of New York are to Elmira, a city of some 50,000 persons; Show Cause Order to it to enable Station predominantly UHF areas since only the other requests the assignment of this WTVE to operate on this assignment W NBF-TV in Binghamton operates on channel to Blossburg, a community of should be rejected. Since the request the sole VHF channel assignment in the some 2,000 persons. In either case, and counterproposal of Lock Haven rela­ area; that they have expended large tive to shifting Channel 24 to Lock Haven sums of money in developing the UHF Channel 9 would represent the first VHF assignment in the community and could and changing channel assignments at market in the Wilkes-Barre-Scranton be accomplished in accordance with the Baltimore and Sunbury are premised area; that the proposed assignment of upon a grant of a Show Cause Order to Channel 9 to either Blossburg or Elmira Commission’s minimum mileage require­ ments. No channels have been assigned Elmira Television, which we have not is­ would create an intermixture of VHF sued, there is no need to consider its and UHF signals in portions of their to Blossburg, and while there are two UHF assignments at Elmira, there are no proposals further. present service areas; that UHF cannot 17. W e believe Elmira Television’s effectively compete with VHF; and that stations presently on the air in that city. proposals to remove the conflict involv­ this would adversely affect not only the 14. UHF permittees in Wilkes-Barre, stations of the parties but UHF assign­ Scranton and Binghamton oppose the ing Channel 9 by assigning either Chan­ ments in other communities and would assignment of a VHF channel in either nel 11 or 13 to the area near Blossburg reduce the number of local stations pro­ Elmira or Blossburg. We have carefully are without merit.. Channel 11 may be viding service to the viewing public. considered the contentions of the UHF assigned in a very small area containing These parties request that an oral hear­ broadcasters opposing the VHF assign­ no community of any size, with such ter­ ing be held on this matter. Southern ment. As we pointed out in the Report rain and at such a distance as to make Tier Radio Service, Inc., permittee of and Order adopted November 10, 1955, it infeasible as a location for operation Station W IN R -TV authorized to operate in which we added a new channel assign­ of a television station to serve W illiam s­ on Channel 40 in Binghamton, opposes ment to Vail Mills, New York, the Com­ port. To assign Channel 13 to Mansfield, the assignment of Channel 9 to Elmira, mission does not believe that it would changes would be necessitated in the Thursday, December 8, 1955 FEDERAL REGISTER 9013 assignment of an existing United States provisions of Section 4 of the Adminis­ Region No. 4— 802 Federal Office Building station and two Canadian assignments. trative Procedure Act is unnecessary, and (First Avenue and Marion), Seattle 4, Wash­ The Commission is of the view that such the amendments may become effective ington. To include: Districts Nos. 13, 14 changes may be justified only upon a immediately; and and 23. clear showing that the public interest It further appearing that the amend­ 3. Section 7.601 (c) is amended to read would be served thereby. No such show­ ments adopted herein are issued pursu­ as follows: ing has been made here. Further, the ant to authority contained in sections 4 assignment of Channel 13 to Mansfield (i), 5 (d) (1) and 303 (r) of the Com­ (c) The primary monitoring stations of the Efield Engineering and Monitoring presents some of the drawbacks which munications Act of 1934, as amended, and we found in the Channel 11 proposal. ~ § 0.341 (a) of the Commission’s State­ Bureau are located at the following addresses: 18. Nor do we see any necessity for ment o f Organization, Delegations of the holding of an oral hearing or oral Authority and Other Information; Federal Communications Commission, argument, as requested by WBRE-TV, It is ordered, This 5th day of December Allegan Monitoring Station, P. O. Box 89, Inc., Wyoming Valley Broadcasting Com­ 1955, that effective immediately, Part 7, Allegan, Michigan. Federal Communications Commission, pany and Scranton Broadcasters, Inc. Stations on Land in the Maritime Serv­ Grand Island Monitoring Station, P. O. Box Adequate opportunity has been afforded ices, is amended to include the editorial 788, Grand Island, Nebraska. all interested parties to participate in changes set forth below. Federal Communications Commission, this proceeding, and the lengthy com­ (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. KingsviUe Monitoring Station, P. O. Box 632, ments submitted provide a sufficient 154. Interprets or applies secs. 5,303, 66 Stat. Kingsville, Texas. basis for a decision in the matter before 713, 48 Stat. 1082, as amended; 47 U. S. C. Federal Communications Commission, 155,303) Millis Monitoring Station, P. O. Box 458, us. Oral argument or an oral hearing Millis, Massachusetts. is unnecessary and would serve no useful Released: December 5,1955. Federal Communications Commission, purpose. P. O. Box 1142, Lanikai Monitoring Station, 19. Authority for the adoption of the Federal Communications Lanikal, Oahu, Hawaii. amendment herein is contained in sec­ Commission, Federal Communications Commission, tions 4 (i), 301, 303 (c), (d), (f), and [ seal] M ary Jane M orris, Santa Ana Monitoring Station, P. O. Box 744, (r), and 307 (b) of the Communications Secretary. Santa Ana, California. Act of 1934, as amended. Federal Communications Commission, A. Part 7 is amended as follows: Laurel Monitoring Station, P. O. Box. 31, 20. In view of the foregoing: I t is 1. Section 7.601 (a) is amended as Laurel, Maryland. ordered, That effective January 6,1956, Federal Communications Commission, the Table of Assignments contained in follows: Livermore Monitoring Station, P. O. Box 989, §3.606 of the Commission’s rules and Change the addresses of the following Livermore, California. regulations is amended, insofar as the Radio District Offices: Federal Communications Commission, community named is concerned, as Portland Monitoring Station, P. O. Box 5165, Radio Portland 16, Oregon. follows: dis- Address of the engineer (a) 1 Federal Communications Commission, trict in charge Powder Springs Monitoring Station, P. O. 4. 400 McCawley Building, 400 Bast Lom­ City: Channel No. Box 98, Powder Springs, Georgia. bard Street, Baltimore 2, Maryland. Elmira, N. Y ______------9 - , 18+, 24— 5. (Delete "Ship Office: Boom 200, U. S. 4. Section 7.601 (d) is amended to read (b) Change the offset carrier require­ Post Office Building, Newport News, as follows: ments for Channel 9 at Washington, Virginia" listed under Radio District (d) Secondary monitoring stations of D. C., from 9 minus to 9 even and in No. 5.) the Field Engineering and Monitoring Greenville, North Carolina, from 9 even 6. 718 Atlanta National Building, 50 White­ Bureau are located at the following to 9 minus. hall Street SW., Atlanta 3, Georgia. Sub-office: P. O. Box 77, 214 Post Office addresses: (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. Building, Savannah, Georgia. Federal Communications Commission, 154. Interprets or applies secs. 301, 303, 307, 8. 608 Federal Building, 600 South Street, P. O. Box 5098, Fort Lauderdale, Florida. 48 Stat. 1081, 1082, 1084; 47 U. S. C. 301, 303, New Orleans 12, Louisiana. Sub- Federal Communications Commission, 307) office: 419 U. S. Courthouse and Cus­ P. O. Box 251, ChiUicothe, Ohio. tomhouse, Mobile 10, Alabama. Federal Communications Commission, Adopted: November 30, 1955. 9. {N ote r Main office address unchanged— P. O. Box 1448, Muskogee, Oklahoma. Released: December 5,1955. - . change Sub-office address to read as Federal Communications Commission, follows:) Sub-office: P. O. Box 1527, Searsport, Maine; P. O. Box 44, Belfast, Federal Communications (329 Post Office Building, 300 Willow Maine. Commission,1 Street), Beaumont, Texas...... Federal Communications Commission, [seal] Mary Jane M orris, 10. P. O. Box 5238, 500 U. S. Terminal Annex P. O. Box 191, Spokane, Washington. Secretary. Building, (Houston and Jackson Federal Communications Commission, Streets), Dallas 22, Texas. P. O. Box 499, Twin Falls, Idaho. [F. B. Doc. 55-9857; Piled, Dec. 7, 1955; 12. 323-A Customhouse (555 Battery Federal Communications Commission, 8:49 a. m.] Street), San Francisco 26, California. P. O. Box 719, Anchorage, Alaska. 14. 802 Federal Office Building (1st Avenue Federal Communications Commission, and Marion), Seattle 4, Washington. P. O. Box 810, Fairbanks, Alaska. ,15.521 New Customhouse (19th between [F. R. Doc. 55-9858; Filed, Dec. 7, 1955; [Buies Arndt. 7-6] California and Stout Streets), Denver 8:49 a. m.] 2, Colorado. Part 7—Stations on L and in the 17. 3100 Federal Office Building, 911 Walnut Maritime Services Street, Kansas City 6E, Missouri. 23. (N ote: Main office address unchanged— miscellaneous amendments change Sub-office address to rfad as [Rules Arndt. 8-7] follows:) Sub-office: P. O. Box 1421, ma^ter of amendment of Part 7 P art 8— Stations on Shipboard in the 6 Shattuck Building, Juneau, Alaska. the Commission’s' rules governing sta- ' 24. Briggs Building, 22d and E Streets NW , M aritime Services ons on land in the maritime services. * Washington 25, D. C. miscellaneous amendments ,. CocimlsSion having under consid- 7 «¿ix11 certain editorial changes in Part 2. Section 7.601 (b) is amended as In the matter of amendment of Part 8 i its rules and regulations; and follows: of the Commission’s rules governing 9rtnn*aj P^ar^lg that the amendments Change the addresses of Regional stations on shipboard in the maritime herein are editorial in nature, Offices Nos. 1, 2, 3, and 4 to read: services. The Commission having under con­ S o i h£refore» prior Publication of No- Region No. 2—718 Atlanta National Build­ of Proposed Rule Making under the ing, 50 Whitehall Street SW., Atlanta 3, sideration certain editorial changes in Georgia. To include: Districts Nos. 6, 7, 8, Part 8 of its rules and regulations; and disson^lssi2.ners Bartley. Hyde and Webster 9, 10 and 22. It appearing that the amendments missinnoi^TT DissentinS statement of Com- Region No.' 3—323-A Customhouse (555 adopted herein are editorial in nature, ument * H^de 85 Part of original doc- Battery Street), San Francisco 26, California. and, therefore, prior publication of To include:.Districts Nos. 11, 12 and 15. notice of proposed rule making under* 9014 RULES AND REGULATIONS the provisions of section 4 of the Admin­ Radio (d) Secondary monitoring stations of istrative Procedure Act is unnecessary dis- Address of the engineer the Field Engineering and Monitoring and the amendments may become effec­ trict in charge Bureau are located at the following 9. (N ote: Main office address unchanged- tive immediately; and change Sub-office address to read as fol­ addresses: It further appearing that the amend­ lows) : Sub-office: P. O. Box 1527 (329 Federal Communications Commission, ments adopted herein are issued pur­ Post Office Building, 300 Willow Street), P. O. Box 5098, Fort Lauderdale, Florida. suant to authority contained in sections Beaumont, Texas. Federal Communications Commission, 4 (i), 5 (d) (1) and 303 (r) of the Com­ 10. P. O. Box 5238, 500 TJ. S. Terminal Annex P. O. Box 251, Chillicothe, Ohio. munications Afet of 1934, as amended, Building (Houston and Jackson Federal Communications Commission, and §0.341 (a) of the Commission’s Streets), Dallas 22, Texas. P. O. Box 1448, Muskogee, Oklahoma. 12, 323-A Customhouse (555 Battery Street), Federal Communications Commission, Statement of Organization, Delegations San Francisco 26, California. of Authority and Other Information; Searsport, Maine, P. O. Box 44, Belfast, Maine. 14. 802 i ’ederal Office Building (First Avenue Federal Communications Commission, I t is ordered, This 5 th day of Decem­ and Marion), Seattle 4, Washington. P. O. Box 191, Spokane, Washington. ber 1955, that, effective immediately, 15. 521 New Customhouse (19th between Federal Communications Commission, Part 8, Stations on Shipboard in the California and Stout Streets), Denver 2, P. O. Box 499, Twin Falls, Idaho. Maritime Services, is amended to include Coloradb. Federal Communications Commission, the editorial changes set forth below. 17. 3100 Federal Office Building, 911 Walnut P. O. Box 719, Anchorage, Alaska. Street, Kansas City 6E, Missouri. (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. O. Federal Communications Commission, 18. 826 U. S. Courthouse Building, 219 South P. O. Box 810, Fairbanks, Alaska. 154. Interprets or applies secs. 5, 303, 66 Clark Street, Chicago 4, Illinois. Stat. 713, 48 Stat. 1082, as amended; 47 23. (Note: Main office address unchanged— [F. R. Doc. 55-9859; Filed, Dec. 7, 1955; U. S. C. 155, 303) change Sub-office address to read as 8:49 a. m.] Released: December 5,1955. follows:) Sub-office: P. O. Box 1421, 6 Shattuck Building, Juneau, Alaska. F ederal C ommunications 24. Briggs Building, 22d and E Streets NW., C o m m is s io n , Washington 25, D. C. [Docket 11254; FCC 55-1184] [ se al] M a r t Jane M orris, 5. Section 8.801 (b) is amended as [Rules Arndt. 10-7] Secretary. follows: F art 10—P ub lic S a f e t y R adio Services Part 8 is amended as follows: Change the addresses of Regional 1. Change the Note following § 8.49 (b) Offices Nos. 1, 2, 3 and 4 to read: CONELRAD PLAN to read as follows: Region No. 1—954 Federal Building, 641 In the matter of amendment of Part N ote: A list of general exemptions is con­ Washington Street, New York 14, New York. 10 of the Commission’s rules and regula­ tained in § 8.803. To include: Districts Nos. 1, 2, 3, 4, 5, 20 tions to effectuate the Commission’s and 24. 2. Section 8.554 (b) is amended to read Region No. 2—718 Atlanta National Build­ CONELRAD Plan for the Public Safety as follows: ing, 50 Whitehall Street SW., Atlanta 3, Radio Services. Georgia. To include: Districts Nos. 6, 7, 8, The Commission has before it for con­ (b) Each type of auto alarm approved9, 10 and 22. sideration its Notice of Proposed Rule by the Commission prior to July 23, 1951, Region No. 3—323-A Customhouse (555 Making in the above captioned matter is approved as to its type, for use on Battery Street), San Francisco 26, California. published January 26,1955 (20 F. R. 565). board ship as provided by Section 353 of To include: Districts Nos. 11, 12 and 15. No formal comments have been filed in the Communications Act or by the ap­ Region No. 4—802 Federal Office Building this matter. plicable provisions of the Safety Con­ (First Avenue and Marion), Seattle 4, Wash­ These amendments to Part 10 of the vention, until such time as the Com­ ington. To include: District Nos. 13, 14 and 23. Commission’s rules are promulgated un­ mission, in consideration of developments der the authority of sections 303 (r) and with respect to improved types of auto­ 6. Section 8.801 (c) is amended to read 606 (c) of the Communications Act as alarms, may terminate, in accordance as follows: amended and the Executive Order 10312 with appropriate rule making proceed­ (c) The primary monitoring stationssigned by the President December 10, ings, such type approval. of the Field Engineering and Monitoring 1951. 3. Section 8.501 (d) is amended to read Bureau are located . at the following Accordingly, it is ordered, That Part 10 as follows: addresses: of the--Commission’s rules and regula­ tions be amended to include the rules set (d) Safety Certificates, Safety Radio­ Federal Communications Commission, forth below, effective January 2,1957, or Allegan Monitoring Station, P. O. Box 89, telegraphy Certificates and Safety Radio­ on such earlier date as the Commission, telephony Certificates are required, in Allegan, Michigan. .Federal Communications Commission, by subsequent order, may designate. accordance with the Safety Convention, Grand Island Monitoring Station, P. O. Box to be posted in a permanent and accessi­ (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. 0. 788, Grand Island, Nebraska. 154. Interprets or applies sec. 303, 48 Stat. ble place in the ship. Federal Communications Commission, 1082, as amended, sec. 606, 65 Stat. 4087; 47 4. In § 8.801 (a) make the following Kingsville Monitoring Station, P. O. Box 632, U. S. C. 303, 606; E. O. 10312, 16 F. R. 12452; Kingsville, Texas. 3 CFR, 1951 Supp.) changes: Federal Communications Commission, a. In the column headed Radio Dis­ Minis Monitoring Station, P. O. Box 458, Adopted: November 30,1955. trict, insert the numeral 2 opposite the Millis, Massachusetts. address 748 Federal Building, 641 Wash­ Federal Communications Commission, Released: December 5,1955. ington Street, New York 14, New York. P. O. Box 1142, Lanikai Monitoring Station, F ederal Communications Lanikai, Oahu, Hawaii. b. Change the addresses of the follow­ C o m m is s io n , ing Radio District offices: Federal Communications Commission, Santa Ana Monitoring Station, P. O. Box 744, [ seal] M a r y Jane M orris, Radio Santa Ana, California. Secretary. dis- . " Address of the engineer Federal Communications Commission, The following new section is added to trict in charge Laurel Monitoring Station, P. O. Box 31, 4. 400 MeCawley Building, 400 East Lombard Laurel, Maryland. Part 10. Street, Baltimore 2, Maryland. Federal Communications Commission, § 10.166 CONELRAD rules for the 5. (Delete “Ship Office: Room 200, U. S. Post Livermore Monitoring Station, P. O. Box 989, Public Safety Radio Services—-(.a) Scope Office Building, Newport News, Va.” Livermore, California. and objective. (1) This section applies listed under Radio District No. 5.) Federal Communications Commission, 6. 718 Atlanta National Building, 50 White­ Portland Monitoring Station, P. O. Box 5165, to all radio stations in the Public Safety hall Street SW., Atlanta 3, Georgia. Portland 16, Oregon. Radio Services located within the Con­ Sub-office: P. O. Box 77, 214 Post Office Federal Communications Commission, tinental U. S. and is for the purpose of Building, Savannah, Georgia. Powder Springs Monitoring Station, P. O. providing for the alerting and operation 8. 608 Federal Building, 600 South Street, Box 98, Powder Springs, Georgia. of radio stations in. these services during New Orleans 12, Louisiana. Sub-office: 419 U. S. Courthouse and Customhouse, 7. Section 8.801 (d) is amended to read periods of air attack or imminent threa Mobile 10, Alabama. as follows: thereof. The objective is to minimize Thursday, December 8, 1955 FEDERAL REGISTER 9015 the navigational aid that may be ob­ CONELRAD Radio Alert must use cau­ (j) Log entries. Appropriate records tained by an enemy from the electro­ tion after an “out of service” period to of all CONELRAD tests and operation magnetic radiations emanating from insure that a CONELRAD Radio Alert shall be maintained as a part of the log radio stations in the Public Safety Radio is not in progress before making any of radio stations in the Public Safety Services while simultaneously providing transmissions. Radio stations in the Radio Services. for continued radio service under con­ Public Safety Radio Services will imme­ (k) Special operation. In certain trolled conditions when such operation is diately comply with CONELRAD rules cases the Commission may authorize essential to the public welfare. and regulations upon receipt of one or specific stations to operate during a (2) The Commission will release and more of the following alerts: CONELRAD Radio Alert in a manner maintain a CONELRAD Manual which (1) Initiation of CONELRAD plans by not covered by this section; provided, may be used by licensees in the Public Standard, FM and TV broadcast sta­ such operation is determined to be nec­ Safety Radio Services as a guide in tions. essary in the interest of National De­ selecting methods of alerting and oper­ (2) Receipt of a CONELRAD Radio fense or the public welfare. ating radio stations in these services in Alert or Civil Defense Warning Yellow if [P. R. Doc. 55-9860; Piled, Dec. 7, 1955; order to effect compliance with the re­ no CONELRAD Radio Alert is issued, or 8:49 a. m.] quirements of this section. Civil Defense Warning Red if neither a (b) General. All radio stations in the CONELRAD Radio Alert nor a Warning Public Safety Radio Services are re­ Yellow is issued, from a Civil Air Defense quired to provide for receiving the Radio Warning Network or extension thereof. [Docket 11488; FCC 55-1183] Alert and to operate in accordance with (3) By other means, if so authorized this section. by the Federal Communications Com­ [Rules Arndt. 12-16] (c) Definitions. (1) T h è term mission. P art 12—A m ateu r R adio S ervice “CONELRAD” is a contraction of the (e) Operation during a CONELRAD CONELRAD FLAN words “Control of Electromagnetic Radi­ Radio Alert. Immediately upon receipt ation” and is the general term applied to of a CONELRAD Radio Alert all radio In the matter of amendment to Part the controlled operation of radio facili­ stations in the Public Safety Radio Serv­ 12 of the Commission’s rules and regula­ ties under the authority of Executive ices will operate in accordance with the tions to effectuate the Commisson’s Order 10312 dated December 10,1951. following limitations unless specifically CONELRAD Plan for the Amateur Serv­ (2) CONELRAD Radio Alert is the directed otherwise by the Federal Com­ ice. term applied to the Military Warning munications Commission: A t a session of the Federal Communi­ that an air attack is probable or immi­ (1) No transmissions shall be made cations Commission held at its offices nent which automatically orders the im­ unless they are of extreme emergency in Washington, D. C., on the 30th day mediate implementation of CONEUIAD affecting the national safety or the of November 1955; procedures for all radio stations. The safety of people and property. The Commission has before it its CONELRAD Radio Alert is distinct from (2) Transmissions shall be as short as Notice of Proposed Rule Making in the the military or Civil Air Defense Warn­ possible. The station carrier shall be above captioned matter published Sep­ ing Yellow or Red, but may be coinci­ removed from the air during periods of tember 7, 1955 <20 F. R. 6565), and the dental with such warnings. no message transmission. comments that were filed. (3) An Air Defense Control Center (3) No station identification shall be It appearing that all comments re­ (ADCC) is an air operations center from given either by announcement of FCC ceived were favorable and supported the which an Air Division (Defense) Com­ Assigned Call Signals or announcement Proposed Rules; and mander supervises and coordinates air of station location.' If identification is It further appearing that at the pres­ defense activities within an air defense necessary to carry on the service, special ent time all radio services with the ex­ sector, including dissemination of warn­ station or unit identifiers may be used in ception of the Amateur Radio Service ings, identification and security of air accordance with § 10.152 (b ). operate under mandatory or voluntary traffic, and the utilization of available (f) Special limitations. In addition to CONELRAD Rules; and combat forces in support of the National limitations specified in this section, it It further appearing that it would be Air Defense effort. may be necessary for the Commission to in the public interest for all amateur (4) The CONELRAD Radio All Clear require that some radio stations in the licensees to voluntarily comply with is the Department of Defense order to Public Safety Radio Services remain these Rules until the date on which the discontinue CONELRAD requirements as silent or operate under special limita­ rules become mandatory; and imposed by an outstanding CONELRAD tions during the CONELRAD Radio It further appearing that these amend­ Radio Alert. It is initiated only by the Alert. Such decision shall be made after ments to Part 12 are promulgated under Air Division (Defense) Commander or a special investigation and the specific higher military authority. station shall be notified if special limi­ the authority of sections 303 (r) and (5) As used in this section the term tations are required. Special limitation 606 (c) of the Communications Act and licensee” means the holder of any form requirements generally will be necessary the Executive Order 10312 signed by the of authority issued by the Federal Com­ for radio stations in the Public Safety President December 10, 1951; munications Commission pursuant to Radio Services operating below 3200 kc. I t is ordered, That Part 12 of the Com­ which a radio station may be operated (g) All clear. At the conclusion of the mission’s rules and regulations be including construction permits, station CONELRAD Radio Alert and when the amended to include the rules set forth licenses, temporary authorizations, etc. CONELRAD All Clear is issued, each below, effective January 2, 1957, or on (d) Alerting. The licensee of a radio Standard, FM and T V broadcast station station in the Public Safety Radio Serv­ such earlier date as the Commission by will broadcast an AH Clear message. subsequent order, may designate. ices will be responsible for making pro- Radio stations in the Public Safety Radio «smns to receive the CONELRAD Radio Services may resume normal operation (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. Alert and for receiving the CONELRAD when the CONELRAD Radio All Clear 164.. Interprets or applies sec. 803, 48 Stat. t^ho Alert. Public Safety Radio sys- 1082, as amended, sec. 606, 65 Stat. 4087; 47 message is transmitted by Standard, FM U. S. C. 303, 606; E. O. 10312, 16 F. R. 12452; JvTif cr prised °* one or moye base and/ or TV broadcast stations unless other­ 3 CFR, 1951 Supp.) „. 7 ^ stations with associated mobile wise restricted by the Federal Communi­ «mts may, if desired, be alerted at only cations Commission. Released: December 5, 1955. ~e Point, normally the control point (h) Alerting system test. Tests of the F ederal C ommunications f i , ? riniary base station. The con- Public Safety Radio Services alerting C o m m is s io n , receiving the Alert will be re- system may be conducted from timp» to [ se al] M a r t Jane M orris, ¡SS5SJ® the dissemination of the time to insure proper compliance with Secretary. Radio Alert to all stations alerting requirements. «„¿fluted into the single radio system (i) CONELRAD operating plan tests. Part 12 of the Commission’s rules is insuring that all such associated sta- Tests of the Public Safety Radio Serv­ amended by adding the following new CONEUBAD requirements ices CONELRAD operating plan may be sections: immediately. Base fixed or mobile sta- conducted whenever such tests are de­ N ote; These rules apply to Continental not directly receiving the termined to be necessary or desirable. U. S. only. No. 238----- 2 $016 RULES AND REGULATIONS

CONELRAD ters or by announcement of location (if Stat. 713, 48 Stat. 1082, as amended; 47 station identification is necessary to U.S.C. 155,303) § 12.190 Scope and objective of CON­ carry on the service, tactical calls or Released: December 5, 1955. ELRAD. Control of Electromagnetic pther means of identification will be Radiation applies to all radio stations in utilized in accordance with § 12.246). F ederal Communications the Amateur Radio Service and is for the (d) The radio station carrier shall be Commission, purpose of providing for the alerting and discontinued during periods of no mes­ [ seal] M ary Jane M orris, operation of radio stations in this serv­ sage transmission. Secretary. ice during periods of air attack or immi­ nent threat thereof. The objective is to § 12.194 Special operation. In cer­ A. Part 14 is amended as follows: minimize the navigational aid that may tain cases, the Federal Communications 1. Section 14.25 (a) is amended to be obtained by an enemy from the elec­ Commission may authorize specific ¡sta­ read as follows: tromagnetic radiations emanating from tions to operate during a CONELRAD (a) The rules relating to applications radio stations in the Amateur Radio Radio Alert in a manner not governed by set forth in the rules and regulations Service while simultaneously providing §§ 12.Î90 to 12.196, provided, such opera­ governing stations in the maritime serv­ for a continued service under controlled tion is determined to be necessary in the ices (Subparts B of Parts 7 and 8 of this conditions when such operation is essen­ interest of National Defense or the public chapter) shall apply to stations of these tial to the public welfare. welfare. services in the Alaska area so far as they § 12.191 CONELRAD Radio Alert. § 12.195 Resumption of normal oper­ are consistent with this part. The CONELRAD Radio Alert is the term ation. A t the conclusion of a CONEL­ 2. Section 14.106 is amended by de­ applied to the Military Warning that an RAD Radio Alert, each standard, FM and leting the note at the end of the section. air attack is probable or imminent and T V broadcast station will broadcast a 3. Section 14.107 is amended by de­ which automatically orders the immedi­ CONELRAD Radio All Clear Message. leting the note at the end of the section. ate implementation of CONELRAD pro­ Unless otherwise restricted by order of 4. Section 14.108 is amended by de­ cedures for all radio stations. The the Federal Communications Commis­ leting the note at the end of the section. CONELRAD Radio Alert is distinct from sion, normal operation of stations in the 5. In § 14.204 (a ), delete the text of the military or Civil Air Defense warn­ Amateur Radio Service may be resumed subparagraph (6) and insert in lieu ings yellow or red, but may be coinci­ upon reception of the CONELRAD Radio thereof the word [Reserved], dental with such warnings. All Clear. Only the CONELRAD Radio 6. Section 14.263 is amended as fol­ § 12.192 Reception of Radio Alert, (a) All Clear will authorize termination of lows: the CONELRAD Radio Alert. The licensee of a station in the Amateur a. Delete subparagraphs (1) (2) and Radio Service is required to provide a § 12.196 CONELRAD tests. So far as (3) of paragraph (a). means for reception of the CONELRAD practicable, tests and practice operation b. Delete paragraph (b) and subpara­ Radio Alert or a means for the determi­ will be conducted at appropriate graphs ( 1) and (2) thereof. nation that such alert is in force. intervals. c. Section 14.263 as amended reads as (b) All operators of stations in the follows: [F. R. Doc. 55-9861; Filed, Dec. 7, 1955; Amateur Radio Service will be responsi­ 8:50 a. m.] § 14.263 Frequencies for temporary ble for the reception of the CONELRAD use in all zones, (a) Each of the follow­ Radio Alert or indication that such-alert ing frequencies in kilocycles is author­ is in force by: ized as an assigned frequency for use, (1) Reception of a CONELRAD Radio [Rules Arndt. 14-4] in accordance with Subpart E of this Alert message which will be broadcast by part, temporarily for a limited period as each standard, PM and T V broadcast Part 14—P ublic F ixed Stations and designated herewith; for public coast station on its regular assigned frequency Stations of the M aritime Services in stations in Alaska and for ship stations before they leave the air; or A laska in Alaskan waters employing primarily (2) Reception of standard broadcast telephony (telegraphy also is permis­ stations operating under CONELRAD re­ miscellaneous amendments sible) for ship-shore and ship-to-ship quirements during the period of the alert In the matter of amendment of Part communication upon the condition that on 640 or 1240 kc; or 14 of the Commission’s rules governing no interference will result to other (3) Determining that an alert is in public fixed stations and stations of the services: force by lack of normal broadcast sta­ maritime services in Alaska. ( 1) 1660 and 3201—available for mar­ tion operation (observations made be­ The Commission having under con­ itime mobile service (on a shared basis fore amateur station operation is begun sideration certain editorial changes in with fixed service) under the respective and at least once every ten minutes dur­ provisions of subparagraphs (2) and (3) Part 14 of its rules and regulations; and ing operation thereafter will be consid­ of this paragraph until not later than ered as sufficient for compliance with this It appearing that the amendments January 1, 1957, only to ship and coast section); or adopted herein are editorial in nature, stations licensed to transmit on the re­ (4) Other means if so authorized by and, therefore, prior publication of No­ spective frequency before June 20,1955; the Federal Communications Commis­ tice of Proposed Rule Making under the (2) Use of the frequency 1660 kc shall sion. provisions of section 4 of the Adminis­ be coordinated as necessary with use of § 12.193 Operation during an alert. trative Procedure Act is unnecessary, the frequency 1666 kc by fixed stations During a CONELRAD Radio Alert the and the amendments may become effec­ in the Alaska area so as to avoid harm­ operation of all amateur radio stations, tive immediately; and ful interference; except stations in the Radio Amateur It further appearing that the amend­ (3) A t locations where use of the fre­ Civil Emergency Services (RACES) and ments adopted herein are issued pur­ quency 1660 kc or 3201 kc for maritime stations specifically authorized other­ suant to authority contained in sections mobile service after September 15, 1955, wise, will be immediately discontinued 4 (i), 5 (d) (I) and 303 (r) of the Com­ causes harmful interference to the serv­ until the Radio All Clear is issued. Sta­ munications Act of 1934, as amended, ice of a licensed fixed station or stations tions in the RACES and such others as and § 0.341 (a) of the Commission’s operating in accordance with applicable are specifically authorized to operate Statement of Organization, Delegations provisions of this part, or to any author­ during the alert will conduct operation of Authority and Other Information; ized government service, the station under the following restrictions. using either of these frequencies for (a) No transmission shall be made un­ I t is ordered, This 5th day of Decem­ ber 1955, that effective immediately, maritime mobile service shall, except in less it is of extreme emergency affecting an emergency involving the immedia e the national safety or the safety of life Part 14, Public Fixed Stations and Sta­ and property. tions, of the Maritime Services in Alaska, safety of life or property, limit its trans­ (b) Transmissions shall be as short as is amended to include the editorial missions to such periods of time as wi possible. changes set forth below. -î 4- A v f q y ’O t i P P (c) No station identification shall be (See. 4, 48 Stat. 1066, as amended; 47 V. S. C. [F. R. Doc. 55-9862; Filed, Dec. 7, l955, given, either by transmission of call let­ 154. Interprets or applies secs. 5, 303, 66 8:50 a. m.] Thursday, December 8, 1955 FEDERAL REGISTER 9017

PROPOSED RULE MAKING

DEPARTMENT OF AGRICULTURE (b) In order to allow for variationsone defective and one off-size specimen Incident to proper grading and handling, may be permitted in any package. Agricultural Marketing Service not more than 5 percent, by count, of the cherries in any lot may fail to meet the DEFINITIONS [ 7 CFR Part 51 1 specified minimum diameter and not § 51.1341 Similar varietal character­ S w e e t Cherries 1 more than 10 percent, by count, may fail istics. “Similar varietal characteristics” to meet any specified maximum diame­ means that the cherries in any container U. S. STANDARDS ter. In addition, not more than a total are similar in color and shape. Notice is hereby given that the United of 10 percent, by count, of the cherries § 51.1342 Mature. “ Mature” means States Department of Agriculture is con­ in any lot may fail to meet the remaining that the cherries have reached the stage sidering the revision of United States requirements of the grade: Provided, of growth which will insure the proper Standards for Sweet Cherries pursuant That not more than one-half of this completion of the ripening process. to the authority contained in the Agri­ amount, or 5 percent, shall be allowed cultural Marketing Act of 1946 (60 Stat. for defects causing serious damage, in­ § 51.1343 Fairly well colored. “Fairly 1087 et seq., as amended; 7 U. S. C. 1621 cluding therein not more than 1 percent well colored” means that the cherries show characteristic color for mature et seq.). for cherries affected by decay. (See All persons who desire to submit writ­ § 51.1340.) cherries of the variety. ten data, views or arguments for consid­ § 51.1338 U. S. Commercial. “U. S. § 51.1344 Well formed. “ Well eration in connection with .the proposed Commercial” consists of cherries which formed” means that the cherry has the standards should file the same with the meet the requirements of U. S. No. 1 normal shape characteristic of the Chief, Fresh Products Standardization grade except for minimum diameter and variety, except that mature well de­ and Inspection Branch, Fruit and Vege­ except for the increased tolerances veloped doubles shall be considered well table Division, Agricultural Marketing specified in this section. formed when each of the halves is ap­ Service, United States Department of (a) Unless otherwise specified, the proximately evenly formed. Agriculture, South Building, Washing­ diameter of each cherry shall be noteless § 51.1345 Clean. “ Clean” means that ton 25, D. C., not later than 30 days after than five-eighths inch. The maximum the cherries are practically free from publication hereof in the F ederal R eg­ diameter of the cherries in any lot may dirt, dust, spray residue, or other foreign is t e r . be specified in accordance with the facts. material. The proposed standards are as follows: (b) In order to allow for variations § 51.1346 Damage. “Damage” means GRADES Incident to proper1 grading and handling, Sec. not more than 5 percent, by count, of the any defect which materially affects the 51.1337 U.S. No. 1. cherries in any lot may fail to meet the appearance, or the edible or shipping 51.1338 U. S. Commercial. specified minimum diameter and not quality of the individual cherry or the general appearance of the cherries in UNCLASSIFIED more than 10 percent, by count, may fail to meet any specified maximum the container. Any one of the following 51.1339 Unclassified. diameter. In addition, not more than defects, or any combination of defects APPLICATION OF TOLERANCES j a total of 20 percent, by count, of the the seriousness of which exceeds the maximum allowed for any one defect, 51.1340 Application of tolerances. cherries in any lot may fail to meet the remaining requirements of the grade: shall be considered as damage: DEFINITIONS Provided, That not more than one- (a) Cracks within the stem cavity 51.1341 Similar varietal characteristics. fourth of this amount, or 5 percent, shall when deep or not well healed, or when 51.1342 Mature. be allowed for defects causing serious the appearance is affected to a greater 51.1343 Fairly well colored. damage, including therein not more than extent than that of a cherry which has a 51.1344 Well formed. superficial well healed crack one-six­ 51.1345 Clean. 1 percent for cherries affected by decay. (See § 51.1340.) teenth inch in width* extending one-half 51.1346 Damage. the greatest circumference of the stem 51.1347 Diameter. unclassified cavity; 51.1348 Serious damage. (b) Cracks outside of the stem cavity § 51.1339 Unclassified. “Unclassified” Authority: §§51.1337 to 51.1348 Issued when deep or not well healed, or when under sec. 205, 60 Stat. 1090, as amended; consists of cherries which have not been the crack has weakened the cherry to the 7U.S.C. 1624. classified in accordance with either of extent that it is likely to split or break in GRADES the foregoing grades. The term “ un­ the process of proper grading, packing classified” is not a grade within the § 51.1337 U. S. No. 1. “U. S. No. 1” and handling, or when materially affect­ meaning of these standards, but is pro­ consists of cherries of similar varietal ing the appearance; vided as a designation to show that no characteristics which are mature, but (c) Hail injury when deep or not well not soft, overripe, or shriveled, and grade has been applied to the lot. healed, or when the aggregate area ex­ which are fairly well colored, well APPLICATION OF TOLERANCES ceeds the area of a circle three-sixteenths formed, clean, and free from decay, inch in diameter; worms or worm holes, undeveloped § 51.1340 Application of tolerances. (d) Insects when scale or more than doubles and sun scald and free from (a) The contents of individual packages one scale mark is present, or when the damage caused by bruises, cracks, in the lot, based on sample inspection, appearance is materially affected by any disease, hail, other insects, limbrubs, are subject to the following limitations: insect; pulled stems, russeting, scars, skin Provided, That the averages for the en­ (e) Limbrubs when affecting the ap­ creaks, sunburn, sutures, or mechanical tire lot are within the tolerances speci­ pearance of the cherry to a greater ex­ or other means. fied for the grade: tent than the amount of scarring (a) Unless otherwise specified, the (1) For a tolerance of 10 percent or permitted; munurn diameter of each cherry shall more, individual packages in any lot may (f) Pulled stems when the skin or flesh not less than three-fourth inch, contain not more than one and one-half is tom, or when the cherry is leaking; times the tolerance specified, except that in 6 lnax*muna diameter of the cherries (g) Russeting when affecting the ap­ when the package contains one pound or tih+w u may ke specified in accordance pearance of the cherry to a greater extent with the facts. less, individual packages may contain not more than double the tolerance than the amount of scarring permitted; specified; and, (h) Scars when excessively deep or w1J*a^ ing the product In coni or: rough or dark colored and the aggregate shan Jr? requirements of these stand (2) For a tolerance of less than 10 Drovici0t excuse failure to comply with percent, individual packages in any lot area exceeds the area of a circle three- may contain not more than double the sixteenths inch in diameter, or when Cosmeti^Act. ^ Federal Food’ DruS- tolerance specified, except that at least smooth or fairly smooth, light colored 9018 PROPOSED RULE MAKING and superficial and the aggregate area FACTORS OP QUALITY for the purposes of these grades. It is exceeds the area of a circle one-fourth Sec. recommended that the container be as inch in diameter; 52.1555 Ascertaining the grade. full of orange juice as practicable and 52.1556 Ascertaining the rating for the fac­ (i) Skin breaks when not well healed tors which are scored. that the product occupy not less than 90 or when the appearance of the cherry is 52.1557 Color. percent of the volume capacity of the materially affected; and, 52.1558 Absence of defects. container. (j) Sutures when excessively deep or 52.1559 Flavor. FACTORS OF QUALITY when affecting the shape of the cherry to EXPLANATIONS AND METHODS OP ANALYSES the extent that it is not well formed. § 52.1555 Ascertaining the grade. In 52.1560 Definitions of terms and methods of addition to considering other require­ § 51.1347 Diameter. “Diameter” analyses. ments outlined in the standards the fol­ means the greatest dimension measured LOT CERTIFICATION TOLERANCES lowing quality factors are evaluated: at right angles to a line from the stem to (a) Factor not rated by score points. the blossom end of the cherry. 52.1561 Tolerances for certification of offi­ cially drawn samples. (1) Degree of coagulation. § 51.1348 Serious damage. “ Serious (b) Factors rated by score points. SCORE SHEET damage” means any defect which seri­ The relative impbrtance of each factor ously affects the appearance, or the edible 52.1562 Score sheet for canned orange juice. which is scored is expressed numeri­ or shipping quality of the cherry. Seri­ A u t h o r i t y : §§ 52.1551 to 52.1562 issued cally on the scale of 100. The maximum ously damaged cherries include the fol­ under sec. 205, 60 Stat. 1090, as amended; 7 number of points that may be given such lowing: U. S. C. 1624. factors are: (a) Decay; ^ Points PRODUCT DESCRIPTION, STYLES, AND GRADES (b) Wormy cherries or ¿sherries with (1) C olor______40 wormholes; § 52.1551 Product description. Canned (li) Absence of defects ______.... ___ 20 (c) Skin breaks which are not well orange juice is the undiluted, unconcen­ (ill) Flavor ______40 trated, unfermented juice obtained from healed; Total score______100 (d) Cracks which are not well healed; mature fresh fruit of the sweet orange and, group (Citrus sinensis) and Mandarin § 52.1556 Ascertaining the rating for (e) Pulled stems with skin or flesh of group (Citrus reticulata), except tan­ the factors which are scored. The es­ cherry torn or which causes the cherry gerines, which fruit has been properly sential variations within each factor to leak. washed; is packed with or without the which is scored are so described that addition of a non-liquid nutritive sweet­ the value may be ascertained for each Dated: December 5,1955. ening ingredient or sweetening ingredi­ factor and expressed numerically. The [ seal] F r a n k E. B lood, ents; and is sufficiently processed by numerical range within each factor Acting Deputy Administrator, heat to assure preservation of the prod­ which is scored is inclusive (for exam­ Marketing Services. uct in hermetically-sealed containers. ple, “ 17 to 20 points” means 17,18,19, or IF. R. Doc. 55-9853; Filed, Dec. 7, 1955; § 52.1552 Styles of canned orange 20 points). 8:48 a. m.] juice, (a) Style I, Unsweetened (or § 52.1557 Color— (a) (A ) classifica­ natural juice). tion. Canned orange juice that possesses (b) Style I I Sweetened (or with addeda very good color may be given a score of sweetening ingredient). Canned orange 34 to 40 points. “Very good color” means [ 7 CFR Part 52 ] juice of this style shall have been proc­ that the orange juice possesses a bright C anned O range Ju ic e 1 essed with the addition of sufficient yellow to yellow-orange color typical of nutritive sweetening ingredient or sweet­ freshly extracted juice and is free from U. S. STANDARDS FOR GRADES ening ingredients to produce a Brix browning due to scorching, .oxidation, Notice is hereby given that the United measurement of not less than 10.5°: Pro­ caramelization, or other causes. States Department of Agriculture is con­ vided, That if the acidity of the canned (b) (C) classification. I f the canned sidering the revision o f United States orange juice is 0.90 gram or more per orange juice possesses a good color, a Standards for Grades of Canned Orange 100 ml. of juice, the Brix shall be not score of 28 to 33 points may be given. Juice (§§ 52.1551-52.1553) pursuant to less than 11,5°. Canned orange juice that falls into this the authority contained in the Agricul­ § 52.1553 Grades of canned orange classification shall not be graded above tural Marketing Act of 1946 (60 Stat. juice, (a) “U. S. Grade A” or "U. S. U. S. Grade C or U. S. Standard, regard­ 1087 et seq., 7 U. S. C. 1621 et seq.). This Fancy” is the quality of canned orange less of the total score for the product revision, if made effective, will be the juice that shows no coagulation; that (this is a limiting rule). “ Good color” seventh issue by the Department of possesses a very good color; that is prac­ means that the orange juice may be grade standards for this product. tically free from defects; that possesses slightly amber or very light in color but is typical of canned orange juice and All persons who desire to submit writ­ a very good flavor; and that for those may show evidence of slight browning, ten data, views, or arguments for con­ factors which are scored in accordance sideration in connection with the pro­ with the scoring system outlined in this but is not off-colon posed revision should file the same with (c) (SStd) classification. Canned subpart the total score is not less than orange juice that for any reason fails to the Chief, Processed Products Stand­ 85 points. meet the requirements of paragraph (b) ardization and Inspection Branch, Fruit (b) “U. S. Grade C” or “U. S. Stand­ and Vegetable Division, Agricultural of this section may be given a score of ard” is the quality of canned orange juice 0 to 27 points and shall not be graded Marketing Service, United States De­ that may show slight coagulation; that partment of Agriculture, Washington 25, above Substandard, regardless of the possesses a good color; that is fairly free total score for the product (this is a D. C., not later than 30 days after pub­ from defects; that possesses a good F ederal R egister. limiting rule). lication hereof in the flavor; and that for those factors which The proposed revision is as follows: are scored in accordance with the scor­ § 52.1558 Absence of defects— (a) PRODUCT DESCRIPTION, STYLES, AND GRADES ing system outlined in this subpart the General. The factor of absence of^de- Sec. total score is not less than 70 points. fects refers to the degree of freedom 52.1551 Product description. (c) “Substandard” is the quality of from recoverable oil; from particles oi 52.1552 Styles of canned orange Juice. canned orange juice that fails to meet membrane, core, or skin; from seeds or 52.1553 Grades of canned orange juice. the requirements of U. S. Grade C or seed particles; and from other defects. PILL OP CONTAINER U. S. Standard. (b) (A ) classification. Canned orange 52.1554 Recommended fill of container. juice that is practically free from defects FILL OF CONTAINER may be given a score of 17 to 20 points. 1 Compliance with the requirements of § 52.1554 Recommended fill of con­ “ Practically free from defects” these standards shall not excuse failure to tainer. The recommended fill of con­ that there may be present not more than comply with the provisions of the Federal tainer is not incorporated in the grades 0.030 percent by volume of recovers w Food, Drug, and Cosmetic Act, or with appli­ of the finished product since fill of con­ oil and that the juice does not contain cable State laws and regulations. tainer, as such, is not a factor of quality particles of membrane, core, or sxm, Thursday, December 8, 1955 FEDERAL REGISTER 9019 seeds or seed particles, or other defects meets the following requirements for the separatory trap, remove the trap from that affect more than slightly the ap­ respective style: t the flask, allow it to cool, and record the pearance of the product. (1) Style I, Unsweetened (or natural amount of oil recovered. (c) (C) classification. I f the canned juice) — (i) Brix. Not less than 10.0*; (iii) The number of milliliters of oil orange juice is fairly free from defects, (ii) Acid. Not less than 0.55 gram nor recovered divided by 20 equals the per­ a score of 14 to 16 points may be given. more than 1.60 grams per 100 mL of cent by volume of recoverable oil. Canned orange juice that falls into this juice; and LOT CERTIFICATION TOLERANCES classification shall not be graded above (iii) Brix-acid ratio. Not less than U. S. Grade C or U. S. Standard, regard­ 9.0 to 1. § 52.1561 Tolerances for certification of officially drawn samples, (a) When less of the total score for the product (2) Style II , Sweetened (or with added (this is a limiting rule). "Fairly free sweetening ingredient)— (i) Brix. Not certifying samples that have been offi­ cially drawn and which represent a from defects” means that there may be less than 10.5°: Provided, That if the specific lot of canned orange juice the present not more than 0.050 percent by acidity is 0.90 gram or more per 100 ml. grade for such lot will be determined by volume of recoverable oil and that the of juice, the Brix shall be not less than 11.5®. averaging the total scores of the con­ juice does not contain particles of mem­ tainers comprising the sample, if, ( 1) brane, core, or skin, seed or seed par­ (ii) Acid. Not less than 0.65 gram nor more than 1.65 grams per 100 mL of all containers comprising the sample ticles, or other defects that affect mate­ meet all applicable standards of equality rially the appearance of the product. juice; and (iii) Brix-acid ratio. Not less than 11 promulgated under the Federal Food, (d) (SStd) classification. Canned Drug, and Cosmetic Act and in effect at orange juice that fails to meet the re­ to 1 if the Brix is 12.5® or more; not less than 12 to 1 if the Brix is less than 12.5®: the time of the aforesaid certification; quirements of paragraph (C) of this sec­ and (2) with respect to those factors tion may be given a score of 0 to 13 points Provided, That when the Brix is 15® or more, the Brix-acid ratio may be less which are scored: and shall not be graded above Substand­ (i) Not more than one-sixth of the ard, regardless of the total score for the than 11 to l.~ (c) (SStd) classification. Canned containers fails to meet the grade indi­ product (this is a limiting rule). orange juice that fails to meet the re­ cated by the average of such total scores; § 52.1559 Flavor— (a ) (A) classifica­ quirements of paragraph (b) of this sec­ (ii) None of the containers falls more tion. Canned orange juice that pos­ tion, or is off flavor for any reason, may than 4 points below the minimum score sesses a very good flavor may be given be given a score of 0 to 27 points and for the grade indicated by the average a score of 34 to 40 points. "Very good shall not be graded above Substandard, of such total scores; flavor” means a fine, distinct canned regardless of the total score for the prod­ (iii) None of the containers falls more orange juice flavor which is free from uct (this is a limiting rule). than one grade below the grade indicated traces of scorching, caramelization, oxi­ by the average of such total scores; and EXPLANATIONS AND METHODS OF ANALYSES dation, or terpene; is free from off flavors (iv) The average score of all con­ of any kind; and meets the following § 52.1560 Definitions of terms and tainers for any factor subject to a requirements for the respective style: methods of analyses— (a) Brix. "Brix” limiting rule is within the score range of (1) Style I, Unsweetened (or natural means the degrees Brix of canned orange that factor for the grade indicated by juice)— (i) Brix. Not less than 10.5°; juice when tested with a Brix hydrometer the average of the total scores of the con­ (ii) Acid. Not less than 0.75 gram calibrated at 20 degrees C. (68 degrees tainers comprising the sample. nor more than 1.45 grams per 100 ml. of F.). If used in testing juice at a tem­ SCORE SHEET juice: Provided, That when the canned perature other than 20 degrees C. (68 orange juice has a color that scores 38 to degrees F.) the applicable temperature 152.1562 Score sheet for canned 40 points, the acidity may be not less correction shall be made to the reading orange juice. than 0.70 gram per 100 ml. of juice; and of the scale as prescribed in the “ Official (iii) Brix-acid ratio. Not less than 9 Methods of Analysis of the Association of Size and kind of container______.______Container mark of identification: to 1 if the Brix is 11.5° or more; not less Official Agricultural Chemists.” The de­ Cans..______.... than 10 to 1 if the Brix is less thafi 11.5° ; grees Brix of canned orange juice may be Cases______'___ r.______... Label (including ingredient statement, if any)___ and not more than 18 to 1. determined by any other method which Liquid measure (fluid ounces)______....__ (2) Style II, Sweetened (or with added gives equivalent results. Vacuum (inches)______,__i ______(i) Not Style______sweetening ingredient)— Brix. (b) Acid. "Acid” means the grams of Brix (degrees)______less than 10.5°: Provided, That, if the total acidity, calculated as anhydrous Acid (grams/100 mL: calculated as anhydrous citric acidity is 0.90 gram or more per 100 ml. citric acid, per 100 ml. of canned orange acid)______/.______Brix-acid ratio (:1)______'______of juice, the Brix shall be not less than juice. Total acidity is determined by Recoverable oil (% by volume)______...... 11.5°. titration with standard sodium hydroxide Degree of coagulation: ) None. (ii) Acid.* Not less than 0.75 gram nor solution using phenolphthalein as in­ ) Serious. More than 1.45 grams per 100 ml. of dicator. (i ) Slight. juice: Provided, That when the canned (c) Recoverable Oil. “Recoverable oil” orange juice has a color that scores 38 in canned orange juice is determined by Factors Score points to 40 points, the acidity may be not less the following method: than 0.70 gram per 100 ml. of juice; and (1) Equipment. Oil separatory trap ((A) 34-40 (iii) Brix-acid ratio. Not less than 11 similar to either of those illustrated in Color______. ______40 ((C) »28-33 l(SStd) » 0-27 to 1 if the Brix is 12.5® or more; not less Figure 1 or Figure 2.1 ((A) 17-20 than 12 to 1 if the Brix is less than 12.5®; Absence of defects______20 ((C) » 14-16 Gas burner or hot plate. l(SStd) «0-13 and not more than 18 to 1: Provided, Ringstand and clamps. ((A) 34-40 That when the Brix is 15® or more, the Rubber tubing. Flavor______40 ■{(C) » 28-33 Bnx-acid ratio may be less than 11 to 1. 3-liter narrow-neck flask. l(SStd) «0-27 (b) (C) classification. I f the canned Total score.«.______100 orange juice possesses a good flavor, a (2) Procedure, (i) Exactly 2 liters of juice are placed in a 3-liter flask. Close score of 28 to 33 points may be given. Grade. Canned orange juice that falls into this the stopcock, place distilled water in the graduated tube, run cold water through classification shall not be graded above the condenser from bottom to top, and t Indicates limiting rule. F* S. Grade C or U. S. Standard, regard- bring the juice' to a boil. Boiling is con­ Dated: December 5,1955. ess of the total score for the product tinued for one hour at the rate of ap­ (this is a limiting rule). "Good flavor” proximately 50 drops per minute. [ seal] F r a n k E. B lood, Means a good, normal canned orange (ii) By means of the stopcock, lower Acting Deputy Administrator, juice flavor which may have a slightly the oil into the graduated portion of the Marketing Services. cai melized or slightly oxidized flavor but £F. R. Doc. 55-9854; FUed, Dec. 7, 1955; ls free from off flavors of any kind and 1 Hied as part of the original document. . 8:48 a. m.] 9020 PROPOSED RULE MAKING

I 7 CFR Part 52 ] trated grapefruit juice to which an Factors:' Points amount of sodium bisulfite may have Color______4o D ehydrated G rapefru it Ju ic e 1 Defects______20 been added is dehydrated in accordance Flavor ______4o U. S. STANDARDS FOR GRADES with good commercial practice. Cold- pressed grapefruit oil, granules of sorbi­ Total score______ioo Notice is hereby given that the United tol, or other nutritive sweetening in­ States Department of Agriculture is con­ gredients may be added to the product § 52.3025 Ascertaining the rating for sidering the issuance of United States in such amounts as to provide a proper the factors which are scored. The essen­ Standards for Grades of Dehydrated flavor to the reconstituted product. tial variations within each factor which Grapefruit Juice pursuant to the au­ The product thus prepared is packaged is scored are so described that the value thority contained in the Agricultural with a desiccant in hermetically sealed may be ascertained for such factors and Marketing Act of 1946 (60 Stat. 1087 et containers and held at proper tempera­ expressed numerically. The numerical seq.; 7 U. S. C. 1621 et seq.), This issu­ tures to assure stabilization of the range within each factor which is scored ance, if made effective, will be the first product. The dehydrated grapefruit is inclusive. (For example, “ 17 to 20 issue by the Department of grade stand­ juice reconstitutes into single-strength points” means 17, 18, 19, or 20 points). ards for this product. The rating is ascertained immediately All persons who desire to submit grapefruit juice. The sulfur dioxide content of the dehydrated grapefruit after the product has been reconstituted written data, views or arguments for to single-strength grapefruit juice. consideration in connection with the juice is not less than 100 p. p. m. nor proposed standards should file same with more than 250 p. p. m. I 52.3026 Color— ( a ) , (A ) classifica­ the Chief, Processed Products Standard­ § 52.3022 Styles of dehydrated grape­ tion. Dehydrated grapefruit juice of ization and Inspection Branch, Fruit and fruit juice, (a) Style I (unsweetened) which the reconstituted juice possesses Vegetable Division, Agricultural Mar­ contains no added sweetening ingredi­ a very good color may be given a score of keting Service, U. S. Department of ents except sorbitol. Dehydrated grape­ 34 to 40 points. “Very good color” means Agriculture, Washington 25, D. C., not fruit juice of this style tests not less that the color is bright and typical of juice freshly extracted from properly later than 30 days after publication here­ than 9 degrees Brix when properly re­ matured grapefruit and is free from dis­ of in the F ederal R egister. constituted. The proposed standards are as fol­ coloration of any kind. (b) Style n (sweetened) contains (b) (JB) classification. I f the recon­ lows: j sufficient nutritive sweetening ingredient stituted juice possesses a good color a or sweetening ingredients to produce a PRODUCT DESCRIPTION, STYLES, AND GRADES score of 28 to 33 points may be given. Brix measurement of not less than 11.5 Sec. degrees Brix when properly reconstituted Dehydrated grapefruit juice that falls 52.3021 Product description. into this classification shall not be 52.3022 Styles of dehydrated grapefruit § 52.3023 Grades of dehydrated grape­ graded above U. S. Grade B or U. S. juice. fruit juice, (a) “U. S. Grade A ” or “U. S. Choice regardless of the total score for 52.3023 Grades of dehydrated grapefruit Fancy” is the quality of dehydrated the product, (this is a limiting rule). juice. grapefruit juice that contains not more “ Good Color” means that the color is FACTORS OF QUALITY than 3 percent, by weight, of moisture; fairly typical of juice extracted from 52.3024 Ascertaining the grade. has a porous open structure free from properly matured grapefruit which juice 52.3025 Ascertaining the rating for the fac­ lumps or other signs of caking; and may be dull but is not off-color for any tors which are scored. which dissolves readily in water to pro­ reason. 52.3026 Color. duce a grapefruit juice that is reasonably (c) (SStd) classification. If the re­ 52.3027 Defects. characteristic in appearance to fresh constituted juice fails to meet the re­ 52.3028 Flavor. grapefruit juice. The reconstituted juice quirements of paragraph (b) of this EXPLANATIONS AND METHODS OF ANALYSES possesses a very good color; is practically section a score of 0 to 27 points may be free from defects; possesses a good given and the product shall not be graded 52.3029 Definition of terms. 52.3030 Methods of analyses. flavor; and scores not less than 85 points, above Substandard regardless of the when scored in accordance with the scor­ total score for the product, (this is a LOT CERTIFICATION TOLERANCES ing system outlined in this subpart. - limiting rule). 52.3031 Tolerances for certification of offi­ (b) “U. S. Grade B” or “U. S. Choice” § 52.3027 Defects— (a) General. The cially drawn samples. is the quality of dehydrated grapefruit factor of defects refers to the degree of juice that contains not more than 3 per­ SCORE SHEET freedom from seeds or portions thereof, cent, by weight, of moisture; has a pulp, dark specks, improperly rehydrated 52.3032 Score sheet for dehydrated grape­ reasonably porous open structure free fruit juice. grapefruit material, or other defects that from lumps; and which dissolves reason­ affect the appearance or drinking quality A uthority: §§ 52.3021 to 52.3032 issued ably readily in water to produce a grape­ of the reconstituted juice. under sec. 205, 60 Stat. 1090, as amended; 7 fruit juice that is fairly characteristic in (b) (A ) classification. Dehydrated U. S. C. 1624. appearance to fresh grapefruit juice. grapefruit juice of which the reconsti­ PRODUCT DESCRIPTION, STYLES, AND GRADES The reconstituted juice possesses a good color; is reasonably free from defects; tuted juice is practically free from de­ § 52.3021 Product description. De­ possesses a reasonably good flavor; and fects may be given a score of 17 to 20 hydrated grapefruit juice (Crystals) is scores not less than 70 points when points. “Practically free from defects" the product initially obtained from scored in accordance with the scoring means that the appearance and drink­ clean, sound, mature fruit of the grape­ system outlined in this subpart. ing quality of the juice is not materially affected by defects. fruit tree (Citrus paradisi). The fruit FACTORS OF QUALITY (c) (JB) classification. I f the recon­ is prepared by sorting and by washing stituted juice is only reasonably free prior to extraction of the juice; the ex­ § 52.3024 Ascertaining the grade— (a) General. In addition to considering from defects a score o f 14 to 16 points tracted juice is concentrated and single­ other requirements outlined in the stand­ may be given. Dehydrated grapefruit strength grapefruit juice extracted from ards, the following quality factors are juice that falls into this classification sorted and washed fruit may or may not evaluated: shall not be graded above U. S. Grade B be admixed to the concentrate. The (1) Factors not rated by score points. or U. S. Choice regardless of the total concentrated grapefruit juice is proc­ (i) Moisture content. score for the product (this is a limit­ essed in accordance with good commer­ (ii) Physical condition and faculty of ing rule). “Reasonably free from de­ cial practice and may be dehydrated dissolving readily in water, fects” means that the appearance and immediately or frozen and stored at (2) Factors rated by score points. drinking quality of the juice is not se­ riously affected by defects. suitable temperatures. The concen- The relative importance of each factor which is scored is expressed numerically (d) (.SStd) classification. Dehy­ drated grapefruit juice that fails to meet 1 Compliance with these standards does not on the scale of 100. The maximum num­ excuse failure to comply with the provisions ber of points that may be given each such the requirements of paragraph (c) o of the Federal Food, Drug, and Cosmetic Act. factor is: this section may be given a score of 0 Thursday, December 8, 1955 FEDERAL REGISTER 9021

13 points and shall not be graded above colloidal or other suspended material is cific lot of dehydrated grapefruit juice Substandard regardless of the total not held in suspension for a reasonable the gradé for such lot will be determined score for the product (this is a limiting length of time. by averaging the total scores of the rule). (d ) “Acid” means the percent, by containers comprising the sample, if, § 52.3028 Flavor— (a) (A ) classifica­ weight, of acid (calculated as anhydrous ( 1) all containers comprising the sam­ tion. Dehydrated grapefruit juice of citric acid) in the reconstituted grape­ ple meet all applicable standards of which the reconstituted juice possesses fruit juice and is determined by titration quality promulgated under the Federal a good flavor may be given a score of with standard sodium hydroxide solution Food, Drug, and Cosmetic Act and in 34 to 40 points. “ Good flavor” means using phenolphthalein as indicator. effect at the time of the aforesaid certi­ that the reconstituted dehydrated grape­ (e) The “Brix” of the reconstituted fication; and (2) with respect to those fruit juice has a flavor typical of prop­ juice means Jthe degree Brix as deter­ factors which are scored; erly processed, good canned grapefruit mined by the Brix hydrometer calibrated (i) Not more than one-sixth of the juice which is free from off-flavors of at 20 degrees Centigrade (68 degrees containers fails to meet the grade indi­ any kind. To score in this classification Fahrenheit) and to which any applicable cated by the average of such total scores; temperature correction has been applied. the reconstituted juice shall meet the (ii) None of the containers falls more following requirements: § 52.3030 Methods of analyses, (a) than 4 points below the m in imum score (1) Recoverable oil— not less than "Recoverable oil” is determined by the for the grade indicated by the average 0.006 nor more than 0.012 milliliters per following method: of such total scores; 100 ml. (1) Equipment. Oil separatory trap (iii) None of the containers falls more (2) Acid—not less than 0.85 gram per similar to either of these illustrated in than one grade below the grade indi­ 100 milliliters. Figure 1 and Figure 2.1 cated by the average of such total scores; and (3) Brix-acid ratio for the respective Gas burner or hot plate. style: Ringstand and clamps. (iv) The average score of all contain­ (i) Style I (unsweetened)—-not less Rubber tubing. ers for any factor subject to a limiting than 8 to 1 nor more than 14 to 1; Three-liter narrow-neck flask. rule is within the score range of that factor for the grade indicated by the (ii) Style I I (sweetened)—not less (2) Procedure. Place exactly 2 liters than 11.0 to 1 nor more than 14 to 1. average of the total scores of the con­ o f the reconstituted juice in a 3-liter (b) (B) classification. If the recon­ tainers comprising the sample. flask. Close the stopcock, place distilled stituted juice possesses a reasonably good water in the graduated tube, run cold SCORE SHEET flavor a score of 28 to 33 points may be water through the condenser from bot­ § 52.3032 Score sheet for dehydrated given. Dehydrated grapefruit juice that tom to top, and bring the mixture to a falls into this classification shall not be grapefruit juice. boil. Continue boiling for one hour at graded above U. S. Grade B or U. S. the rate of approximately 50 drops per Choice regardless of the total score Size and kind of container...______minute. By means of the stopcock, for the product (this is a limiting rule). Container mark or identification______... lower the oil into the graduated portion Label (including dilution factor)______“Reasonably good flavor” means that the of the separatory trap, remove the trap Net weight______reconstituted dehydrated grapefruit Brix of the reconstituted juice______juice has a flavor reasonably typical of from the flask; allow it to cool, and re­ Anhydrous citric acid* (grams par 100 milliliters cord the amount of oil recovered. The in the reconstituted juice).______canned grapefruit juice and is free from Brix-acid ratio______;______off-flavors of any kind. To score in this number of milliliters of oil recovered Recoverable oil (ml./100 mL of the reconstituted divided by 20 is equivalent to the num­ juice)______; classification the reconstituted juice shall Reconstitutes properly: (Yes) (No). meet the following requirements: ber of milliliters of oil per 100 milliliters of the reconstituted juice. (1) Recoverable oil—not less than Factors Score points 0.008 nor more than 0.020 ml. per 100 ml. (b) The “moisture content” of the de­ hydrated grapefruit juice 4$ determined (2) Acid—not less than 0.70 gram per as follows: [(A) 34-40 100 ml. Color______. _ 40 {(B ) « 28-33 (1) A 3- to 5-gram sample is weighed i(SStd) >0-27 (3) Brix-acid ratio for the respective [(A) 17-20 styles: into an aluminum weighing dish lYz to Defects______20 {(B ) > 14-16 2 inches in diameter, having a tight- l(SStd) >0-13 (i) Style I (unsweetened)—not less |(A) 34-40 than 7 to 1 nor more than 14 to 1. fitting cover. The samples are dried in Flavor______' ______40 {(B) > 28-33 (ii) Style n (sweetened)—not less a vacuum oven for 30 hours at a tem­ l(SStd) i 0-27 perature of' 60 degrees centigrade (140 than 11 to 1 nor more than 14 to 1. Total score______100 (c) (SStd) classification. Dehydrated degrees F.) and a pressure not exceeding 100 mm of mercury. During the drying grapefruit juice that fails to meet the Grade. requirements of paragraph (b) of this period air is passed through H2SO« and admitted through the release cock at the section may be given a score of 0 to 27 1 Indicates limiting rule. points and shall not be graded above rate of approximately two bubbles per u. S. Grade C or U. S. Choice regardless second. At the end of the drying period Dated: December 2,1955. of the total score for the product (this the dishes are removed from the oven, is a limiting rule.). the covers are placed on immediately [ seal] R o y W . L e n na rtso n , and the dishes allowed to cool in a desic­ Deputy Administrator, EXPLANATIONS and methods o f an alyse s cator prior to final weighing. Ram pling- Marketing Services. , f 52.3029 Definition of terms, (a) and weighing is carried out as rapidly as [F. R. Doc. 55-9817; Filed; Dec. 7, 1955; Reconstituted juice” means the product possible under low humidity conditions. 8:45 a. m.] ^ m e d by dissolving an entire package (c) The “sulfur dioxide” content of i dehydrated grapefruit juice in the vol- the dehydrated grapefruit juice is deter­ me of water specified by the manufac- mined by the following method: Commodify Stabilization Service (1) The Monier-Williams method for (b)v»/ Dissolves readily” means t: total sulfurous acid as approved by the C 7 CFR Part 730 1 ^ l pr,oduct dissolves readily in tl Association of Official Agricultural R ice nbed amount of cold water wil Chemists and using a 50-gram sample of w f Sonab.le am°unt of stirring, the dehydrated grapefruit juice. NOTICE OF DETERMINATIONS TO BE MADE m+i,Particles rehydrate readil WITH RESPECT TO MARKETING QUOTAS, inirfoi ere *s no rapid separation LOT CERTIFICATION TOLERANCES NATIONAL, STATE, AND COUNTY ACREAGE widal or suspended matter. I 52.3031 Tolerances for certification ALLOTMENTS, AND FORMULATION OF REG­ 'c) “Dissolves reasonably r of officially drawn samples, (a) When ULATIONS PERTAINING TO FARM ACREAGE exfSSthat .(1) the Product may certifying samples that have been offi­ ALLOTMENTS AND NORMAL YIELDS FOR to Erring, beating or wl cially drawn and which represent a spe- 1956 CROP mav i ° l Ve the solids> (2) fruit pi Pursuant to the authority contained y not rehydrate readily, and, 1 Filed as part of the original document. in applicable provisions of the Agricul- 9022 PROPOSED RULE MAKING turai Adjustment Act of 1938, as age diverted under previous agricultural acreage allotments previously estab­ amended (7 U. S. C. 1301, 1852, 1353, adjustment and conservation programs) lished for producers wherever situated. 1354), the Secretary of Agriculture is with adjustments for trends in acreage These changes are required by Public preparing to determine whether market­ during such period. Section 353 (b) of Law 292, 84th Congress (69 Stat. 578). ing quotas are required to be proclaimed the act requires that the State acreage 2. In accordance with Public Law 28, for the 1956 crop of rice, to determine allotment of rice for the 1956 crop', less a 84th Congress (69 Stat. 45), in States and proclaim the national acreage allot­ reserve not to exceed three per centum where farm acreage allotments are es­ ment for the 1956 crop of rice, to appor­ thereof, be apportioned to farms owned tablished on the basis of the past produc­ tion among States and counties the na­ or operated by persons who have pro­ tion of rice by producers on the farm in tional acreage allotment for the 1956 duced rice in any one of the five calendar determining such past production, the crop of rice, and to formulate regulations years, 1951 through 1955, on the basis of acreage of rice on the farm for any year for establishing farm acreage allotments past production of rice in the State by for which farm acreage allotments were and normal yields for the 1956 crop of the producer on the farm taking into in effect will be divided among the pro­ rice. consideration the acreage allotments ducers thereon in the same proportion Section 354 of the act provides that previously established in the State for in which they contributed to the farm whenever in the calendar year 1955 the such owners or operators; abnormal con­ acreage allotment. Secretary determines that the total sup­ ditions affecting acreage; land, labor, Prior to making any of the foregoing ply of rice for the 1955-56 marketing and equipment available for the produc­ determinations with respect to market­ year will exceed the normal supply for tion of rice; crop-rotation practices; and ing quotas and national, State, and such marketing year by more than 10 the soil and other physical factors affect­ county acreage allotments for the 1956 per centum, the Secretary shall, not later ing the production of rice. Provision is crop o f rice and the formulation of regu­ than December 31, 1955, proclaim such made that if the State committee recom­ lations for the establishment of farm fact and marketing quotas shall be in mends such action and the Secretary acreage allotments and normal yields for effect for the crop of rice produced in determines such action will facilitate the 1956 Crpp of rice consideration will 1956. the effective administration of the act, be given to data, views, and recommen­ Section 352 of the act, as amended, he may provide for the apportionment dations pertaining thereto which are provides that the national acreage allot­ of the State acreage allotment to farms submitted in writing to the Director, ment of rice for any calendar year shall on which rice has been produced during Grain Division, Commodity Stabilization be that acreage which the Secretary de­ any one of such period of years on the Service, United States Department of termines will, on the basis of the national basis of the foregoing factors, using past Agriculture, Washington 25, D. C. All average yield of rice for the five calendar production of rice on the farm and the. written submissions must be postmarked years immediately preceding the calen­ acreage allotments previously estab­ not later than fifteen days after the date dar year for which such national acreage lished for the farm in lieu of past pro­ of publication of this notice in the allotment is determined, produce an duction of rice by the producer and the F ederal R egister. acreage allotments previously estab­ amount of rice adequate, together with Issued at Washington, D. C., this 5th lished for such owners or operators. the estimated carry-over from the mar­ day of December 1955. keting year ending in such calendar year, Section 353 (c) of the act provides that to make available a supply for the mar­ if farm acreage allotments are estab­ [ seal] E arl M . H ughes, keting year commencing in such calen­ lished by using past production of rice Administrator. dar year not less than the normal supply on the farm and the acreage allotments [P. R. Doc. 55-9871; Piled, Dec. 7, 1955; but that the national allotment for 1956 previously established for the farm in 8:51 a. m.] may not be established at less than 85 lieu of past production of rice by the per centum of the final allotment estab­ producer and the acreage allotments lished for 1955. The Secretary is re­ previously established for owners or FEDERAL COMMUNICATIONS quired under this section of the act to operators, the State acreage allotment COMMISSION proclaim such national acreage allotment shall be apportioned among counties in not later than December 31 of each year. the State on the same basis as the na­ [ 47 CFR Part 3 3 tional acreage allotment is apportioned As defined in Section 301 of the act, for [Docket No. 11359; PCC 55-1188] purposes of these determinations, “ total among the States and the county allot­ supply” for any marketing year is the ments shall be apportioned to farms on A laska the basis of applicable factors set forth carryover of rice for such marketing freq u enc y allocations year, plus the estimated production of in subsection (b) of Section 353. rice in the United States during the cal­ ' Section 301 (b) (13) (D) of the act . In the matter of Amendment of Parts endar year in which such marketing year provides that the “normal yield” for any 2 and 3 of the Commission’s rules and begins and the estimated imports of rice land planted to rice ip 1956 shall be the regulations to revise frequency alloca­ into the United States during such mar­ average yield per acre thereof during the tions in the Territory of Alaska in the keting year; “normal supply” for any five calendar years 1951 through 1955. band 72-100 Me. marketing year is the estimated domestic Provision is made that if for any reason 1. Notice is hereby given of rule consumption of rice for the marketing there is no actual yield or the data there­ making in the above-entitled matter. year ending immediately prior to the for is not available for any year, an ap­ 2. On September 7,1955, the Commis­ marketing year for which normal supply praised yield for such year, determined sion adopted an order (FCC 55-931), ef­ is being determined, plus the estimated in accordance with regulations of the fective October 12, 1955, in this proceed­ exports of rice for the marketing year for Secretary, shall be used. ing, which, in part, amended Part 2 and which normal supply is being determined, It is expected that the regulations per­ Part 3 of the Commission’s rules so as plus 10 per centum of such consumption taining to farm acreage allotments and to reallocate in the Territory of Alaska and exports, with adjustments for cur­ normal yields for the 1956 crop of rice only the frequency band 76-100 Me for rent trends in consumption and for un­ will be substantially the same as those the exclusive use o f Government radio usual conditions as deemed necessary; for the 1955 crop of rice (20 F. R. 385), services and the non-Government fixed and “marketing year” for rice is the with the following exceptions: service. Prior to the adoption of the period August 1-July 31. 1. In States where farm acreage allot­above order, this band of frequencies was Section 353 (a) of the act requires that ments are established on the basis of the available for assignment to FM and tv the national acreage allotment of rice for past production of rice in the State by broadcast stations in the Territory oi the 1956 crop, less a reserve of not to ex­ producers on the farm, only thé past Al^skdi ceed one per centum thereof, be appor­ production of rice by the producer in the 3. Among the amendments adopted id tioned among thte several States in which particular State will be considered in the above order, §§ 3.203 and 3.204 of tn rice is produced in proportion to the establishing 1956 allotments. Similarly, rules were revised so as to prohibit tn average number of acres of rice in each only rice acreage allotments previously assignment of frequencies for FM broad­ State during the 5-year period, 1951- established for producers in the State cast stations in the 88.1 Me throughi 9»- 1955 (plus, in applicable years, the acre­ will be given consideration in lieu of rice Me band (Channels 201 through 260) Thursday, December 8, 1955 FEDERAL REGISTER 9023 the Territory of Alaska. Since the only all statements, briefs, or comments shall (c) Associations of owners of private frequencies allocated for noncommercial be furnished the Commission. automobiles which provide emergency road service may, on a secondary basis, educational FM broadcasting in § 3.501 Adopted: November 30,1955. of the rules are 88.1 Me through 91.9 Me, transmit communications for the purpose and these frequencies are among those Released: December 5,1955. of reporting traffic conditions on occa­ sions of abnormal vehicular congestion. which have been reallocated in Alaska, F ederal C ommunications Such communications are authorized there are now no frequencies available C o m m is s io n , only on a non-interference basis to those for noncommercial educational PM [ seal] M a r y Jane M orris, broadcast use in Alaska. Secretary. authorized in paragraphs (a) and (b) of this section. 4. The Commission proposes to coni­ [P. R. Doc. 55-9863; Piled, Dec. 7, 1955; form § 3.501 with Part 2 and §§ 3.203 and 8:50 a.m .] 2. Delete the present § 16.503 Fre­ 3.204, as revised, and also to provide quencies available for base and mobile therein that the frequencies allotted for stations and substitute a new section to commercial PM broadcast use in the read as follows: 100.1-107.9 Me band (Channels 261 [47 CFR Part 16 1 § 16.503 Frequencies available for through 300) will also be available for noncommercial educational PM broad­ [Docket No. 11558; PCO 55-1186] base and mobile stations, (a) The fre­ casting in Alaska. To date, no PM broad­ quencies 35.70 and 35.98 M6 are pri­ L and T ransportation R adio S ervices marily available for assignment to Base cast assignments have been made in Stations and to Mobile Stations, other Alaska, and we are of the view that this AUTOMOBILE EMERGENCY RADIO SERVICE than those aboard aircraft, which are band of frequencies can accommodate all Amendment of Subpart K of Part 16 operated by public garages. In addi­ the commercial and noncommercial edu­ of the Commission’s Rules Governing the tion, at the discretion of the Commis­ cational FM broadcast assignments Land Transportation Radio Services. sion, these frequencies may be assigned which may be required in Alaska in the 1. Notice is hereby given of proposed to Base Stations and to Mobile Stations future. rule making in the above-entitled matter. other than those aboard aircraft, which 5. In view of the foregoing, it is pro­ 2. The provisions governing permis­ are operated by or on behalf of associa­ posed to amend § 3.501 of the Commis­ sible communications in the Automobile tions of owners of private automobiles, sion’s ru]es as follows: Emergency Radio Service are contained upon a showing that: (1) The same ap­ a. Insert the paragraph designator (a) in § 16.502 (a) and (b) of Part 16 of plicant has previously held an authori­ after the title of § 3.501. the Commission’s rules. At present, only zation for the operation of a station or b. Add a new paragraph (b) to read the two following types of communica­ stations in the same area on that fre­ as follows: tions are authorized: quency, or (2) one or both of the fre­ (b) In the Territory of Alaska, the a. Any communications related to the quencies specified in paragraph (b) of frequency band 88-100 Me is allocated safety of life or the protection of im­ this section are currently assigned to to Government radio services and the portant property. stations operated in the same area by or non-Government fixed service only. b. Communications required for dis­ on behalf of another such association The frequencies 88.1 Me through 91.9 Me patching repair trucks to disabled with which the applicant is not directly (Channels 201 through 220, inclusive) vehicles. affiliated. will not be assigned in the Territory of A petition filed by the American Auto­ (b) For the purpose of developmental Alaska for use by noncommercial edu­ mobile Association requests that auto­ operations, the following frequencies are cational, PM broadcast stations; how­ mobile clubs authorized in the Automo­ available for assignment to Base Sta­ ever, frequencies in the 100.1-107.9 Me bile Emergency Radio Service be tions and to Mobile Stations, including band (Channels 261 through 300, in­ permitted to use ¿their licensed radio those aboard aircraft, which are op­ clusive) will be assigned for such use. facilities to observe and report traffic erated by or on behalf of associations Of conditions from the air. The purpose of owners of private automobiles: 6. Authority for the issuance of the this proposed use of radio is described as proposed amendment is contained in sec­ to improve the safety of vehicular traffic Base and Mobile Mobile tions 4 (i), 303 (c) , (g) and (r) of the and avoid unnecessary arterial conges­ Me Me Communications Act of 1934, as tion on holidays, weekends and other 452.55 457.55 amended. occasions of abnormal vehicular traffic 4. Petitioner has indicated that close 7. Any interested party who is of the movement. cooperation will be maintained with the opinion that the amendment proposed 3. It is believed that the above petition police authorities in all areas where should not be adopted, or should not be warrants the institution of a rule making the airborne scheme is put into opera­ adopted in the form set forth herein, may proceeding looking toward modification tion. However, the proposed rules do not file with the Commission on or before of the existing rules governing the Auto­ now include any specific requirement in January 2, 1956, a written statement or mobile Emergency Radio Service, to pro­ this regard. The Commission would ap­ brief setting forth his comments. Com­ vide for the limited use of radio by preciate the views of police departments, ments in support of the proposed amend­ associations of owners of private auto­ particularly with regard to this aspect ments may also be filed on or before the mobiles for the secondary purpose of re­ of the proposal. same date. Comments or briefs in reply porting on traffic conditions both from 5. Authority for this proposed amend­ to the original comments may be filed aircraft and from vehicles on the ground. ment is contained in sections 4 (i), 303 within 10 days from the last day for filing Accordingly, it is proposed to amend the (b ), ( f ) and (r) of the Communications said original comments or briefs. No appropriate sebtions of Subpart K, Part Act of 1934, as amended. additional comments may be filed unless 16, of the Commission’s Rules governing 6. Any interested person who is of the (1) .specifically requested by the Com­ the Land Transportation Radio Services opinion that the proposed amendment mission or (2) good cause for the filing to provide for the secondary usage of cer­ should not be adopted, or should not be of such additional comments is estab­ tain frequencies by associations of owners adopted in the form set forth herein, may lished. The Commission will consider of private automobiles for the purpose of file with the Commission on or before such comments before taking final action reporting on traffic conditions during December 30, 1955, written data, views in this matter, and if any comments ap­ periods of abnormal traffic movement. or arguments setting forth his com­ In the case of mobile units aboard air­ ments. Comments in support of the pear to warrant the holding of a hearing craft, it is proposed to permit the use of proposed amendment may also be filed or oral argument, notice of the time and the frequencies 452.55 or 457.55 Me on or before the same date. Comments Place of such hearing or oral argument only. The proposed amendments are as in reply to the original comments may will be given. follows: be filed 10 days from the last day for 8. In accordance with the provisions 1. Amend § 16.502 Permissible commu­filing the said original data, views or of § 1.764 of the Commission’s , rules and nications by the addition of a new para­ arguments. No additional comments regulations, an original and 14 copies of graph (c) to read as follows: may be filed unless ( 1) specifically re- No. 238----- 3 9024 PROPOSED RULE MAKING

quested by the Commission or (2) good all statements, briefs or comments filed I f circumstances warrant it, a public cause for the filing of such additional shall be furnished the Commission. hearing will be held at a convenient comments is established. The Commis­ Adopted: November 30, 1955. time and place, which will be announced. sion will consider all such comments The determination of the Secretary on prior to taking final action in this mat­ Released: December 5, 1955. the application will be published in the ter, and if comments are submitted war­ F ederal R egister. A separate notice ranting oral argument, notice of the F ederal C ommunications will be sent to each interested party of time and place of such oral argument C o m m issio n , record. [ seal] M art Jan e M orris, will be given. The lands involved in the application 7. In accordance with the provisions Secretary. are: of § 1.764 of the Commission’s rules and [P R. Doc. 55-9864; Filed, Dec. 7, 1955; Gila and Salt R iver M eridian regulations an original and 14 copies of 8:50 a. m.] T. 13 N., R. 9 E., Sec. 27: Sy2NE&SEi/4SW}4, S^NW ^SEU SWi4, E%SE%SWi/iSW%, Si/aSE&SWft. The area described totals 35 acres in NOTICES the Coconino National Forest. E. R. T ragitt, State Lands and Minerals, DEPARTMENT OF THE INTERIOR for the withdrawal of the lands de­ Staff Officer. scribed below, from all forms of appro­ [P. R. Doc. 55-9824; PUed, Dec. 7, 1955; Bureau of Land Management priation including the mining and 8:45 a. m.] [Document 72] mineral leasing laws. The applicant de­ sires the land for construction material A rizona Forest Highway n 3, on the Flagstaff- NOTICE OF PROPOSED WITHDRAWAL AND Clints Well route and Forest Highway [Document 75] 10, on the Pine-Winslow route. RESERVATION OF LANDS A rizona For a period of 30 days from the date D ecember 1,1955. of publication of this notice, persons NOTICE OF PROPOSED WITHDRAWAL AND The Bureau of Public Roads has filed having cause may present their objec­ RESERVATION OF LANDS tions in writing to the undersigned offi­ an application, Serial No. Arizona 06615, D ecember 1, 1955. for the withdrawal of the lands described cial of the Bureau of Land Management, The Bureau of Public Roads has filed below, from all forms of appropriation Department of the Interior, 233-A Main an application, Serial No. Arizona 08965, including the mining and mineral leas­ Post Office Building, Phoenix, Arizona. for the withdrawal of the lands described ing laws. The applicant desires the land I f circumstances warrant it, a public hearing will be held at a convenient time below, from all forms of appropriation for road construction materials for use including the mining and mineral leas­ on a portion of Arizona Forest Highway and place, which will be announced. ing laws. The applicant desires the land Route 19, near Beaverhead Lodge. The determination of the Secretary on the application will be published in the for a source of materials for construction For a period of 30 days from the date of Forest Highway 3 on the Flagstaff- F ederal R egister. A separate notice will of publication of this notice, persons Clints Well Route. having cause may present their objec­ be sent to each interested party of record. For a period of 30 days from the date The lands involved in the application tions in writing to the undersigned offi­ of publication of this notice, persons cial of the Bureau of Land Management, are: Gila and Salt R iver M eridian having cause may present their objec­ Department of the Interior, 233-A Main tions in writing to the undersigned offi­ Post Office Building, Phoenix, Arizona. T. 14 N., R. 10 E., cial of the Bureau of and Management, I f circumstances warrant it, a public Sec. 32: N%SW&NW»4, H%SE]4SW?4 NW54. Department of the Interior, 233-A Main hearing will be held at a convenient time Post Office Building, Phoenix,„Arizona. and- place, which will be announced. The area described totals 25 acres in I f circumstances warrant it, a public The determination of the Secretary the Coconino National Forest. hearing will be held at a convenient time on the application will be published in and place, which will be announced. the F ederal R egister. A separate notice E. R. T ragitt, State Lands and Minerals, The determination of the Secretary on will be sent to each interested party of the application will be published in the Staff Officer. record. F ederal R egister. A separate notice The lands involved in the application [F. R. Doc. 55-9823; PUed, Dec. 7, 1955; will be sent to each interested party of are: 8:45 a.m .] record. Gila and Salt R ives Meridian The lands involved in the application T. 8% N., R. 80 E., unsurveyed, are: Gila and Salt R iver Meridian See. 14: S ^ S E ^ N E ^ S W ^ , S»4SW%NE% [Document 74] T. 19 N.. R. 9 E., SW%, N%NEi4SEi4SW14, N%NW>4 A rizona SEi4SW>4. Sec. 28: S%NE%SW%, N%SE%SWi4, NOTICE OF PROPOSED WITHDRAWAL AND SW &NW Î4SE&, NW14SW&SE1/4. The area described totals 20 acres in the Apache National Forest. RESERVATION OF LANDS The area described totals 60 acres in D ecember 1, 1955. the Coconino National Forest. E. R. T ragitt, State Lands and Minerals, The Bureau of Public Roads has filed E. R. T ragitt, Staff Officer. an application, Serial No. Arizona 09036, State Lands and Minerals, for the withdrawal of the lands described [P. R. Doc. 55-9822; Piled, Dec. 7, 1955; Staff Officer. 8:45 a. m.] below, from all forms of appropriation, [P. R. Doc. 55-9825; PUed, Dec. 7, 1955; including the mining and mineral leasing 8:45 a. m.] laws. The applicant desires the land for a source of materials for construction of [Document 73] Forest Highway 10 on the Pine-Winslow route. [Document 76] A rizona For a period of 30 days from the date A rizona NOTICE OF PROPOSED WITHDRAWAL AND of publication of this notice, persons NOTICE OF PROPOSED WITHDRAWAL AND RESERVATION OF LANDS having cause may present their objec­ RESERVATION OF LANDS tions in writing to the undersigned offi­ D ecember 1,1955. cial of the Bureau of Land Management, D ecember 1, 1955. The Bureau of Public Roads has filed Department of the Interior, 233-A Main The Bureau of Public Roads has filed an application, Serial No. Arizona 09061, Post Office Building, Phoenix, Arizona. an application, Serial No. Arizona 08964, Thursday, December 8, 1955 FEDERAL REGISTER 9025 for the withdrawal of the lands described The area described totals 20 acres in ment of the Interior, 233-A Main Post below, from all forms of appropriation the Kaibab National Forest. Office Building, Phoenix, Arizona. I f circumstances warrant it, a public including the mining and mineral leas­ E. R . T r ag itt, ing laws. The applicant desires the land hearing will be held at a convenient time State Lands and Minerals, and place, which will be announced. for a source of materials for construc­ Staff Officer. tion of Forest Highway 3 on the Flag- The determination of the Secretary on [F. R. Doc. 55-9827; Filed, Dec. 7, 1955; the application will be published in the staff-Clints Well Route. , 8:45 a. m.] ^ For a period of 30 days from the date F ederal R egister. A separate notice will of publication of this notice, persons be sent to each interested party of record. having cause may present their objec­ The lands involved in the application are: tions in writing to the undersigned offi­ [Document 78] cial of the Bureau of Land Management, Gila and Salt R iver Meridian Department of the Interior, 233-A Main A r izo n a T. 6 N., R. 9 E., Sec. 19: NyaSW &NE^. Post Office Building, Phoenix, Arizona. n o t ic e o p proposed w it h d r a w a l and If circumstances warrant it, a public reservation of lands The area described totals 20 acres in hearing will be held at a convenient time the Tonto National Forest. and place, which will be announced. D ecember 1,1955. The determination of the Secretary on The Bureau of Public Roads has filed E. R . T rag itt, the application will be published in the an application, Serial No. Arizona 08890 State Lands and Minerals, Federal R egister. A separate notice for the withdrawal the lands described Staff Officer. will be sent to each interested party of below, from all forms of appropriation [F. R. Doc. 55-9829; Filed, Dec. 7. 1955; record. including the mining and mineral leas­ 8:46 a. m.] The lands involved in the application ing laws. The applicant desires the land are: for a source of road construction mate­ Gila and Salt River Meridian rial in connection with construction of [Document 80] Forest Highway 6-D. T. 20 N., R. 7 E., A r izo n a Sec. 11: Si/aSW&NE^. For a period o f 30 days from the date of publication of this notice, persons hav­ NOTICE OF PROPOSED WITHDRAWAL AND The area described totals 20 acres in ing cause may present their objections RESERVATION OF LANDS the Coconino National Forest. in writing to the undersigned official of D ecember 1, 1955. the Bureau of Land Management, De­ The Bureau of Public Roads has filed E. R. T ragitt, partment of the Interior, 233-A Main an application, Serial No. Arizona 09035, State Lands and Minerals, POSt Office Building, Phoenix, Arizona. Staff Officer. I f circumstances warrant it, a public for the withdrawal of the lands de­ scribed below, from all forms of appro­ hearing will be held at a convenient time [P. R .' Doc. 55-9826; Piled, Dec. 7, 1955; priation including the mining and 8:45 a. m.] and place, which will be announced. The determination of the Secretary on mineral leasing laws. The applicant de­ the application will be published in the sires the land for a source of materials for construction of Forest Highway 9 on F ederal R egister. A separate notice the Verde River-Roosevelt Dam route. will be sent to each interested party of [Document 77] For a period of 30 days from the date record. of publication of this notice, persons A rizona The lands involved in the application having cause may present their objec­ are: NOTICE OP PROPOSED WITHDRAWAL AND tions in writing to the undersigned offi­ RESERVATION OF LANDS Gila and Salt River Meridian cial of the Bureau of Land Management, T. 7 N., R. 9 E., Department of the Interior, 233-A Main D ecember 1,1955. Sec. 19: Ey2NEi4 SE}4. Post Office Building, Phoenix, Arizona. The Bureau of Public Roads has filed I f circumstances warrant it, a public an application Serial No. Arizona No. The area described totals 20 acres in hearing will be held at a convenient time 08953, for the withdrawal of the lands the Tonto National Forest. and place, which will be announced. described below, from all forms of ap­ E. R . T rag itt, The determination of the Secretary on propriation including the mining and State Lands and Minerals, the application will be published in the mineral leasing laws. The applicant Staff Officer. F ederal R egister. A separate notice desires the land for a source of materials will be sent to each interested party of for construction of Forest Highway [F. R. Doc. 55-9828; Filed, Dec. 7, 1955; 8:46 a. m.] record. Project 2 on the Williams-Grand Can­ The lands involved in the application yon route. are: For a period of 39 days from the date Gila and Salt R iver Meridian of publication of this notice, persons [Document 79] T. 9 N., R. 10 E., having cause may present their objec­ Sec. 29: S& SW & NEft. tions in writing to the undersigned of­ A rizo na ficial of the Bureau of Land Manage­ The area described totals 20 acres in NOTICE OF PROPOSED WITHDRAWAL AND the Tonto National Forest. ment Department of the Interior, 233-A " RESERVATION OF LANDS Main Post Office Building, Phoenix, E. R . T rag itt, Arizona. D ecember 1,1955. State Lands and Minerals, If circumstances warrant it, a public The Bureau of Public Roads has filed Staff Officer. hearing will be held at a convenient time an application, Serial No. Arizona 08973, [F. R. Doc. 55-9830; Filed, Dec. 7, 1955; and place, which will be announced. for the withdrawal of the lands described 8:46 a. m.] The determination of the Secretary on below, from all forms of appropriation fne application will be published in the including the mining and mineral leasing Federal R egister. A separate notice will laws. The applicant desires the land for [Document 81] oe sent to each interested party of a source of materials for construction of record. Forest Highway 6 on the Salt River- A r izo na The lands involved in the application Junction F H 9 route. NOTICE OF PROPOSED WITHDRAWAL AND are:— For a period of 30 days from the date RESERVATION OF LANDS of publication of this notice, persons hav­ Gila and Salt River Meridian ing cause may present their objections in D ecember 1,1955. T. 22 N„ R. 2 E., writing to the undersigned official of the The Bureau of Public Roads has filed Sec. 22: W ^ S E ^ N E ^ . Bureau of Land Management, Depart- an application, Serial No. Arizona 09099, 9026 NOTICES

for the withdrawal of the lands described The area described totals 20 acres in I f circumstances warrant it, a public below, from all forms of appropriation the Tonto National Forest. hearing will be held at a convenient time including the mining and mineral leas­ and place, which will be announced. ing laws. The applicant desires the land E. R. T ragitt, The determination of the Secretary for a source of materials for construction State Lands and Minerals, of Forest Highway 11, on the Payson- Staff Officer. on the application will be published in the F ederal R egister. A separate notice Colcord Mountain route. [F. R. Doc. 55-9832; Filed, Dec. 7, 1955; 8:46 a. m.] will be , sent to each interested party of For a period of 30 days from the date of record. publication of this notice, persons having H ie lands involved in the application cause may present their objections in are: writing to the undersigned official of the Gila and Salt R iver Meridian Bureau of Land Management, Depart­ [Document 83] T. 12 N., R. 18 E., ment of the Interior, 233-A Main Post A rizo na Office Building, Phoenix, Arizona. Sec. 8: SE%NW%NW}4, NEftSW&NWft. I f circumstances warrant it, a public n o t ic e o f proposed w it h d r a w a l and The area described totals 20 acres in hearing will be held at a convenient time RESERVATION OF LANDS Sitgreaves National Forest. and place, which will be announced. D ecember 1,1955. The determination of the Secretary E. R. T ragitt, on the application will be published in The Bureau of Public Roads has filed State Lands and Minerals, an application, Serial No. Arizona 09098, in the F ederal R egister. A separate no­ Staff Officer. for the withdrawal of the lands described tice will be sent to each interested party [F. R. Doc. 55-9834; Filed, Dec. 7, 1955; of record. below, from all forms of appropriation 8:46 a.m .] including the mining and mineral leasing The lands involved in the application are: laws. The applicant desires the land for a source of materials for construction of Gila and Salt River Meridian Forest Highway 12, on the Globe-Hol- [Document 85] T. 11 N., R. 12 E., brook route. Sec. 19: Ei/2NE%NE%NE%, E%SE%NE% For a period of 30 days from the date of A rizo n a NE%, publication of this notice, persons having n o t ic e of proposed w ith d r a w a l and Sec. 20: W %NW%NW%NW%, W%SW% cause may present their objections in NW14NW14. RESERVATION OF LANDS writing to the undersigned official of the D ecember 1, 1955. The area described totals 20 acres In Bureau of Land Management, Depart­ the Tonto National Forest. ment of the Interior, 233-A Main Post The Bureau of Public Roads has filed Office Building, Phoenix, Arizona. an application, Serial No. Arizona 09034, E. R . T rag itt, I f circumstances warrant it, a public for the withdrawal of the lands described State Lands and Minerals, hearing will be held at a convenient time below, from all forms of appropriation Staff Officer. and place, which will be announced. including the mining and mineral leas­ The determination of the Secretary on ing laws. The applicant desires the land [F. R. Doc. 65-9831; Plied, Dec. 7, 1955; for a source of materials for construc­ 8:46 a. m.] the application will be published in the F ederal R egister. A separate notice will tion of Forest Highway 9 on the Verde be sent to each interested parly of Valley-Roosevelt Dam route. record. For a period of 30 days from the date [Document 82] The lands involved in the application of publication o f , this notice, persons are: having cause may present their objec­ A r izo n a Gila and Salt River Meridian tions in writing to the undersigned offi­ NOTICE OF PROPOSED WITHDRAWAL AND T. 13 N., R. 18 E., cial of the Bureau of Land Management, RESERVATION OF LANDS Sec. 32: N%SW%NW%. Department of thè Interior, 233-A Main Post Office Building, Phoenix, Arizona. D ecember 1,1955. * The area described totals 20 acres in I f circumstances warrant it, a public The Bureau of Public Roads has filed Sitgreaves National Forest. hearing will be held at a convenient time an application, Serial No. Arizona 09100 and place, which will be announced. E. R . T ragitt, Amd., for the withdrawal of the lands State Lands and Minerals, The determination of the Secretary on described below, from all forms of ap­ Staff Officer. the application will be published in the propriation including the m in in g «.nd F ederal R egister. A separate notice mineral leasing laws. The applicant [F. R. Doc. 55-9833; Plied, Dec. 7, 1955; will be sent to each interested party of desires the land for a source of materials 8:46 a.m .] record. for construction of Forest Highway 11, The lands involved in the application on the Payson-Colcord Mountain route. axe: Gila and Salt River Meridian For a period of 30 days from the date [Document 84] of publication of this notice, persons T. 11% N., R. 9 E„ A r izo n a Sec. 20: S%NW%SE%NE%, N%SWi/4SE% having cause may present their objec­ NE14, excluding patented HES No. 427. tions in writing to the undersigned offi­ n o t ic e o f proposed w it h d r a w a l and cial of the Bureau of Land Management, RESERVATION OF LANDS The area described totals 10 acres more or less in Tonto National Forest. Department of the Department of the D ecember 1,1955. Interior, 233-A Main Post Office Build­ The Bureau of Public Roads has filed E. R. T ragitt, ing, Phoenix, Arizona. an application, Serial No. Arizona 09097, State Lands and Minerals, I f circumstances warrant it, a public for the withdrawal of the lands described Staff Officer. hearing will be held at a convenient time below, from all forms of appropriation [F. R. Doc. 55-9835; Filed, Dec. 7, 1955; and place, which will be announced. including the mining and mineral leasing 8:46 a. m.] The determination of the Secretary on laws. The applicant desires the land for the application will be published in the a source of materials for construction of F ederal R egister. A separate notice Forest Highway 12, on the Globe-Hol- [Document 86] will be sent to each interested party of brook route. record. For a period of 30 days,from the date A rizona of publication of this notice, persons The lands involved in the application NOTICE OF PROPOSED WITHDRAWAL AND are: having cause may present their objec­ tions in writing to the undersigned offi­ RESERVATION OF LANDS Gila and Salt River Meridian cial of the Bureau of Land Management; D ecember 1 ,1955. T. 11 N., R. 12 E., Department of the Interior, 233-A The Bureau of Public Roads has filed Sec..29: SE%NE%SW%, SW ^NE^SEft. Post Office Building, Phoenix, Arizona. an application, Serial No. Arizona 06476, Thursday, December 8, 1955 FEDERAL REGISTER- 9027 for the withdrawal of the lands de­ Any disposition of the lands described the 1925 act, supra, have a preferred scribed below, from all forms of appro­ herein shall be subject to the stipulation right of application for a period of 90 priation including the mining and min­ that if and when the land is required in days from January 6, 1956. Applica­ eral leasing laws. The applicant desires whole or in part for power development tions for public lands under the 1954 act, the land for a source of material for con­ purposes, any structures or improve­ supra, must be filed within one year from struction of Forest Highway Route 6, ments placed thereon which may be January 6, 1956. No patents will be Salt River Valley-Junction F. H. -9 at found to obstruct or interfere with such issued for the above-described lands Hardt Creek and Forest Highway Route development, shall without cost, expense, prior to January 7, 1957. 9, Verde Valley-Roosevelt Dam Highway. or delay to the United States, its licensees 4. Any of the above-described lands ’ For a period of 30 days from the date or permittees, be removed or relocated not patented under the acts of 1925 and of publication of this notice, persons hav­ insofar as may be necessary to eliminate 1954, supra, shall not become subject to ing cause may present their objections in interference with such power develop­ disposal under the general public land writing to the undersigned official of the ment. laws until it is so provided by an appro­ Bureau of Land Management, Depart­ The lands described shall be subject priate order. ment of the Interior, 233-A Main Post to application by the State of California 5. Inquiries concerning the above- Office Building, Phoenix, Arizona. for a period of 90 days from the date of described landò shall be addressed to the If circumstances warrant it, a public publication of this order in the F ederal Acting Manager, Eastern States Land hearing will be held at a convenient time R egister for right-of-way for public Office, Bureau of Land Management, De­ and place, which will be announced. highways or as a source of material for partment of the Interior, Washington 25, The determination of the Secretary on construction and maintenance of such D. C. the application will be published in the highways, in accordance with and sub­ C harles P. M ead, Federal R egister. A separate notice will ject to the provisions of section 24 of the Acting Manhger. be sent to each interested party of Federal Power Act, as amended, and the [F. R. Doc. 55-9838; Filed, Dec. 7, 1955; record. special stipulation provided in the pre­ 8:46 a. m.J The lands involved in the application ceding paragraph. Upon publication of we: . this order in the F ederal R egister, the land described shall be subject to opera­ Gila and Salt R iver Meridian tion of the public land laws relating to C olorado T. 7 N., R. 9 E., National Forests, subject to the right of Sec. 19: NE&SE&. the State of California, as provided in NOTICE OF PROPOSED WITHDRAWAL AND T. 6 N., R. 9 E., this paragraph. RESERVATION OF LANDS Sec. 20: NEV4NW&NE&. The land is within the exterior limits T. 5 N., R. 8 E., D ecember 2, 1955. Sec. 12: sy2SW ^N W % . N ‘/2iNW%NW% of the Trinity National Forest, and is therefore not subject to the provisions The Department of Agriculture, U. S. SWi4 (excluding portion of HES 445 ly­ Forest Service, has filed an application, ing in this area) . of the Act of September 27, 1944 (58 T. 9 N., R. 10 E., Stat. 747; 43 U. S. C. 279-284), as serial No. Colorado 012292, for the with­ Sec. 20: W &SE&NW &. amended, granting preference rights to drawal from location and entry, under veterans of World War II, and others. the General Mining Laws, subject to The areas described total 88.08 acres existing valid claims, of the lands de­ more or less in Tonto National Forest. Inquiries relating to these lands shall be addressed to the Manager, Land scribed below. E. R. TRagitt, Office, Room 352 New Federal Building, The applicant desires the land for use State Lands and Minerals, Sacramento, California. as public service sites along Colorado Staff Officer. Highways No. 7, 14, 119, and 160, and R. R. B est, Brainard Lake Truck Trail No. 462. (P. R. Doc. 55-9836; Piled, Dec. 7, 1955; State Supervisor. 8:46 a. m.] For a period of 30 days from the date [F. R. Doc. 55-9837; Filed, Dec. 7, 1955; of publication of this notice, persons 8:46 a. m.] having cause may present their objec­ tions in writing to the undersigned offi­ [Doc. 10, California State Office] cial of the Bureau of Land Management, Department of the Interior, 357 New Ca lif o r n ia [Wise. 61340] Custom House, Box 1018, Denver 1, RESTORATION ORDER UNDER FEDERAL POWER W is c o n s in Colorado. ACT I f circumstances warrant it, a public NOTICE OF FILING OF PLAT OF SURVEY AND hearing will be held at a convenient time D ecember 1,1955. ORDER PROVIDING FOR OPENING OF PUBLIC and place, which will be announced. Pursuant to determination DA-887- LANDS The determination of the Secretary on California, of the Federal Power (Com­ 1. Plats of survey of omitted lands the application will be published in the mission, and in accordance with Order described below will be officially filed in F ederal R egister. A separate notice No. 541, section 2.5 of the Director, Bu­ the Eastern States Land Office, Wash­ will be sent to each interested party of reau of Land Management, approved record. April 21, 1954 (19 F. R. 2473-2476), I t is ington, D. C., effective at 10:00 a. m., on January 6, 1956. The lands involved in the application ordered as follows: are: F ourth P rincipal Meridian, W isconsin The lands hereinafter described, so Sixth Principal Meridian, Colorado far as they are reserved for power pur­ T. 37 N., R. 10 E„ poses, are hereby restored to disposition Sec. 29, lot 5; ROOSEVELT NATIONAL FOREST under the public land laws subject to Sec. 30, lot 9. Colorado Highway No. 7, Roadside Zone— provisions of section 24 of the Federal South Saint Vrain Highway The area described aggregates 34.49 Power Act of June 10, 1920 (41 Stat. A strip of land 200 feet on each side of the 1075; 16 U. S. C. 818), as amended. acres. 2. Available information indicates center line of Colorado Highway No. 7 Mount Diablo M eridian that the lands are of a sandy loam for­ through the following legal subdivisions: T.35N., R. 9W.^ mation reaching an elevation of 25 feet T. 3 N., R. 71 W., Section 28, E^Ei/2NE^SW % . above the level of Snowden Lake; that Sec. 26: NW%NW%; Sec. 27: E%, E ^ S W ^ ; The area described totals 10 acres of the timbered portion has a cover of sec­ Sec. 32: SB%; land within the boundaries of the Trinity ond growth spruce, balsam, cedar and Sec. 33: Sy2, SE14NE14; National Forest. white pine, with an alder undergrowth. Sec. 34: SW % NW ft. Tlle luftd was withdrawn pursuant to 3. The above-described lands are here­ T. 2 N., R. 71 W., the filing on September 13, 1921, of an by opened to disposal only under the Sec. 5: N%Ny2; See. 6: N% . application for a preliminary permit un­ Act of February 27, 1925 (43 Stat. 1013, T. 2 N , R. 72 W., der the Federal Power Act for proposed 43 U. S. C. 994) and the Act of August Sec. 1: Ny2; water-power Project No. 247. 24,1954 (68 Stat. 789). Claimants under Sec. 4: NWi4SEi4, SE ^N W % . 9028 NOTICES T. 3 N., R. 73 W.t T . 1 N.. R. 72 W., f tive hearing in this proceeding (Docket Sec. 11: SB*4NWi4; Sec. 85: E%SH%; Sec. 23: NB%SE%; Sec. 36: S ^ . Number 11534) was dismissed by order Sec. 24: NW&SW&J T. 1 S., R. 12 W., dated November 30, 1955; and Sec. 26: S W & N E ^. Bee. 2: N W &NE&; It further appearing that the motion T. 4 N.f R. 73 W., Sec. 8: N E ^ S E ^ ; is supported by good cause, that a grant Sec. 11: Ei/gSW^.NW&SE&.SWliNEfc: Sec. 19: SWi4SW}4. V thereof will conduce to the orderly dis­ Sec. 14: N E % N W ^. T. 2 S., R. 72 W., patch'of the Commission’s business, and Colorado Highway No. 14, Roadside Zone— Sec. 6: NWy4, NEftSW%, W%SE%; that Bureau counsel has informally ex­ Poudre Canyon Hightoay Sec. 7: NE%. pressed consent to waiver of time and T. 1 S., R. 73 W., A strip of land 200 feet on each side of the Sec. 13: SW*4SE}4; to a grant of the instant motion; now center line of Colorado Highway No. 14 Sec. 24: NWi4NWi4, NE»A, N EftSE ft; therefore through the following legal subdivisions. Sec. 36: N E ^. I t is ordered, This 1st day of December 1955, that the motion to advance hearing T. 8 N., R. 70 W., Colorado Highway No. 160, Roadside Zon+— Sec. 4: SW54NWy4; Peak-to-Peak Highway date is granted, that applicant’s written Sec. 5: N E& N E ^. direct affirmative case exhibits shall be T. 9 N., R. 70 W., A strip of land 200 feet on each side of the exchanged on or before December 5, Sec. 31: S ^ S W ^ . center line of Colorado Highway No. 160 1955, and that the date for the com­ T. 8 N., R. 71 W., through the following legal subdivisions: mencement of the hearing in this pro­ Sec. 1: Ny2SE%; T. 1 N., R. 72 W., ceeding is advanced from January 3,1956, Sec. 2: Wi/2SE&,N% SW i4; Sec. 31: S W ^ N W ^ . to December 13, 1955. Sec. 3: Ny2. N E ^ S B ^ ; T. 2 N., R. 72 W., Sec. 4f SE%NE%, N&S%; Sec. 8: SW%SW]4, S E ^S E ^; F ederal C ommunications Sec. 5: SW & N E ft. W%; Sec. 17: SWy4NWy4; M C o m m is s io n , Sec. 6: S E ^S E ^. Sec. 18: SE% NE^; [ seal] M a r y Jane M orris, T. 8 N., R. 72 W.,- Sec. 19: N%NW %; Secretary. Sec. 1: S W ^ S E ^ , SE & SW ^j Sec. 29: SW & SW ^; Sec. 2: W y2; Sec. 30: SE%SEi4; [F. R. Doc. 55-9865; Filed, Dec. 7, 1955; Sec. 3: Wy2. W ^ S E ^ ; Sec. 31: SE&SW14. NE&SE&; 8:50 a. m.] Sec. 4: Sy2SE%, S E ^ S W ^ ; Sec. 32: SWy4NWy4. Sec. 5: SE & .N & ; T. 1 N., R. 73 W., Sec. 6:N%; Sec. 13: W % ; Sec. 8: Ey2NEi4; Sec. 14: Ey2NE%; [Docket No. 11560, etc.; FCC 55-1192] Sec: 9: NW 1/*; Sec. 24: Wy2; Sec. 10: NW %NW}4; Sec. 25: W ^ S E & , SW&NEV4, E%NWt4; O le M is s is s ip p i B roadcasting Co. Sec. 11: N & ; Sec. 36: E ^ S E ^ . (WSUH) ET AL. Sec. 12: Ny2, NW &SW &. T. 1 S., R. 73 W., ORDER DESIGNATING APPLICATIONS FOR CON­ T. 9 N., R. 72 W., Sec. 1: NE14NE14. Sec. 34: S W ^ S W ^ ; SOLIDATED HEARING ON STATED ISSUES Sec. 35: S W ^S W ft. Truck Trail No. 462, Roadside Zone__ Brainard Lake Truck Trail In re applications of E. O. Roden, W. I. T. 8 N., R. 73 W., Dove and G. A. Pribbenow d/b as Sec. 1: NE}4. A strip of land 300 feet on each side of the Ole Mississippi Broadcasting Company T. 9 N., R. 73 W., center line of Truck Trail No. 462 through Sec. 31: NWy4SWy4; the following legal subdivisions: (W SU H ), Oxford, Mississippi, Docket No. Sec. 82: N E ^ S E ^ ; 11560, File No. BP-9847; East Arkansas T. 1 N., R. 73 W., Sec. 34: S%N%; Broadcasters, Inc., Wynne, Arkansas, Sec. 35: S E ^S E ^. Sec. 2: N W & , Sy2N E ^. N E ^ S E ^ ; Sec. 3: NE*4 ; Docket No. 11561, File No. BP-9872; T. 9 N „ R. 74 W., Sec. 4: N&SEJ4, Ny2SW%, S^NWy4. Warren L. Moxley, Blytheville, Arkan­ Sec. 30: W & SE& , NE^SW Vi; sas, Docket No. 11562, File No. BP-9922; Sec. 31: N&NE% ; J. E l l io t t H a l l , Sam C. Phillips, Clarence A. Camp and Sec. 32: N E ^ S E ^ ; Acting State Supervisor. James C. Connolly d/b as Tri-State Sec. 33: SE14SE&, NW&SW&j Sec. 34: SE&, NE & S W ^, SW%SW%; [F. R. Doc. 55-9856; filed, Dec. 7, 1955; Broadcasting Service (WHER), Mem­ See. 35: Ny2SW>4. 8:49 a. m.] phis, Tennessee, Docket No. 11563, File T. 7 N., R. 75 W., No. BMP-6837; for construction permits. Sec. 5: NW&NEJ4, E & NW & , SW & SW & ; At a session of the Federal Communi­ Sec. 7: W % E&, EyaW ^ ; FEDERAL COMMUNICATIONS cations Commission held at its offices in Sec. 18: NW14, NWi4SW14. COMMISSION Washington, D. C., on the 30th day of T. 8 N., R. 75 W., November 1955; Sec. 2: SE^NEyi, N E ^ S E ^ , SW &SEft; [Docket No. 11533; FCC 55M-1007] Sec. 9: SE14SE14; The Commission having under consid­ Sec. 10: NE%SE%, SW & SW ft; Central N e w Y o rk B roadcasting C orp. eration the above-entitled applications Com­ Sec. U : NW^NE^,Ey2NW»4tSWyiNWi4; ORDER ADVANCING HEARING DATE of the Ole Mississippi Broadcasting Sec. 16: Eya, E&SW }4; pany to change the frequency of Station Sec. 21: E ^ ; In re application of Central New York WSUH, Oxford, Mississippi, from 1420 Sec. 28: Ei/2NE%, SEV4, SE14SW&; Broadeasting Corporation, Elmira, New kilocycles to 1430 kilocycles with a power Sec. 32; S%SEi4; York, Docket No. 11533, Pile No. BPCT- of one kilowatt, daytime only (contingent Sec. 33:Wy2. 2000; for construction permit for new T. 9 N., R. 75 W., on the grant of the application of the Sec. 36: N E & N E ^.. television broadcast station (Channel Tri-State Broadcasting Service for a T. 6 N., R. 76 W., 18). change in frequncy of Station WHER); Sec. 2: E ^ N W ^ . The Hearing Examiner having under East Arkansas Broadcasters, Inc., for a T. 7 N., R. 76 W., consideration a motion to advance hear­ construction permit for a new standard Sec. 13: Ey2SE ^; ing date filed November 28, 1955, on be­ broadcast station to operate on 1400 kilo­ Sec. 24: NE&, NW%SE}4, E^SW &J half of Central New York Broadcasting cycles with a power of 250 watts, un­ Sec. 25: W ^ W % , NE^NWJ4; Corporation, requesting (1) an advance­ limited time, at Wynne, Arkansas; W ar­ Sec. 26: E%SE»4; ment of the date for commencement of ren L. Moxley for a construction permit Sec. 35: N E ^, NW^SE^4, E%SW14. the hearing from January 3K 1956, to for a new standard broadcast station to Colorado Highway No. 119, Roadside Zone— December 13, 1955; (2) a waiver of the operate on 1410 kilocycles with a power Boulder Canyon Highway prehearing conference and other pre- of 500 watts, daytime- only, at Blythe­ A strip of land 200 feet on each side of the hearing procedures provided for by sec­ ville, Arkansas; and the Tri-State center line of Colorado Highway No. 119' tions 1.813 and 1.841 of the Commission’s Broadcasting Service to change the fre­ through the following subdivisions: rules; and (3) the scheduling of De­ quency and increase the power of Sta­ T. 1 N., R. 71 W., cember 5,1955, as the date for the appli­ tion WHER, Memphis, Tennessee, from Sec. 31: S%; cant to exchange its written direct 1430 kilocycles with a power of one kilo­ Sec. 32: S%; affirmative case exhibits; and watt, daytime only, to 1410 kilocycles T. 1 S., R. 71 W., It appearing that another application with a power of 5 kilowatts, daytime only Sec. 6: N&NW14. that had been designated for compara­ (contingent on the grant of the applica- Thursday, December 8,1955 FEDERAL REGISTER 9029 tton of the Ole Mississippi Broadcasting comply with section 3.28 (c) of the Georgetown, Delaware, should not be Company for a change in frequency of Commission’s rules. modified so as to specify operation on 1250 kc in lieu of 900 kc; by Rollins Station WSUH); 4. To determine in the light of section It appearing that each of the appli­ 307 (b) of the Communications Act of Broadcasting of Delaware, Inc., on Au­ cants is legally, technically, financially 1934, as amended, which of the opera­ gust 2, 1955, entitled, “Petition to Dis­ and otherwise qualified, except as may tions proposed in the above-entitled miss Applications of Miners Broadcast­ appear from the issues specified below, applications would better provide a fair, ing Service, Inc., and Franklin Broad­ to operate its proposed station but that efficient and equitable distribution of casting Company and Immediate Grant the proposed operations of Warren L. radio service. of Rollins’ Pending Application” ; and Moxley and Station WHER would result 5. To determine, in the light of the by Wm. Penn Broadcasting Company, in mutually destructive interference; evidence adduced pursuant to the fore­ licensee of Station WPEN, Philadelphia, that the applications of WSUH and going issues, which, if any, of the appli­ Pennsylvania, on December 14,1955, en­ WHER are contingent on each other; cations should be granted. titled, “Petition to Designate [Rollins] and that the proposed operations of East I t is further ordered, That the issues Application for Hearing” ; Arkansas Broadcasters, .Inc., and Tri- in the above-entitled proceeding may be It appearing that each applicant is State Broadcasting Service would cause enlarged by the Examiner on his own legally, technically, financially and interference to each other to the extent motion or on petition properly filed by a otherwise qualified, except as may ap­ that more than 10 percent of the popu­ party to the proceeding and upon suffi­ pear from the issues below, to operate lation within the proposed normally pro­ cient allegations of fact in support its proposed station but that operation tected primary service areas of both thereof, by the addition of the following by all stations as proposed would result operations would be affected in violation issue; in mutually destructive interference; of section 3.28 (c) of the Commission’s To determine whether funds available and to the applicant will give reasonable x*u1gs * and It further appearing that the proposal It further appearing that pursuant to assurance that the proposal set forth in of Rollins Broadcasting of Delaware, section 309 (b) of the Communications the application will be effectuated. Inc., would not provide satisfactory Act of 1934, as amended, the subject ap­ I t is further ordered, That the request service to the city of Philadelphia since plicants were advised by letter dated of East Arkansas Broadcasters, Inc. for the 5 mv/m contour would not encom­ September 23, 1955, of the aforemen­ additional time to amend its application pass the entire residential area of the tioned deficiencies and that the Com­ is denied. city as required by the Commission’s Standards of Good Engineering Prac­ mission was unable to conclude that a Released: December 2, 1955. grant of any of the applications would tice; that a grant of the Rollins applica­ be in the public interest; and F ederal C ommunications tion might be in contravention of the It further appearing that a timely C o m m is s io n , provisions of section 3.35 of the Commis­ reply was filed by each of the applicants, [ se al] M a r y Jane M orris, sion’s rules on multiple ownership be­ and each of the applicants recognized Secretary. cause of overlap with the service areas the mutual interference problems in­ of Stations WJWL, Georgetown, Dela­ [F. R. Doc. 55-9866; .Filed, Dec. 7, 1955; ware, and WAMS, Wilmington, Dela­ volved; and 8:50 a. m.] It further appearing that the East ware, which stations are licensed to Arkansas Broadcasters, Inc., in a letter Rollins; and dated October 21, 1955, requested an ex­ It further appearing that the proposal of Miners Broadcasting Service, Inc., tension of time in which to file an amend­ . [Docket No. 11564 etc., FCC 55-1194] ment specifying a different frequency, would involve interference to and from but that the Commission is of the opinion M in e r s B roadcasting S ervice, I n c ., et a l . Station WJWL to the extent that the interference received by this proposal that it would be expeditious to deny the ORDER DESIGNATING APPLICATIONS FOR CON­ would affect more than 19 percent of the request for extension, as leave to amend SOLIDATED HEARING ON STATED ISSUES may be granted for good cause shown population within its primary service after designation for hearing; and In re applications of Miners Broad­ area in contravention of section 3.28 Cc) It further appearing that the Com­ casting Service, Inc., West Chester, of the Commission’s rules and that the mission, after consideration of the above Pennsylvania, Docket No. 11564, File No. interference received by WJWL would replies, is of the opinion that a hearing is BP-8925; Rollins Broadcasting of Dela­ affect more than 10 percent of the popu­ necessary; ware, Inc., Philadelphia, Pennsylvania, lation it now serves; and It is ordered. That, pursuant to section Docket No. 11565, File NO; BP-9500; It further appearing that pursuant to 309 (b) of the Communications Act of Lawrence M. C. Smith, d/b as Franklin section 309 (b) of the Communications 1934, as amended, the said applications Broadcasting Company, Philadelphia, Act of 1934, as amended, the applicants are designated for hearing in a consoli­ Pennsylvania, Docket No. 11566, File No. were notified by letters dated April 22, dated proceeding, at a time and place to BP-9633; for construction permits. 1955, and August 23, 1955, of the afore­ he specified in a subsequent order, upon At a session of the Federal Communi­ mentioned deficiencies and that the the following issues: cations Commission held at its offices in Commission was unable to conclude that 1. To determine the areas and popula­ Washington, D. C., on the 30th day of a grant of any of the applications would tions which would receive primary serv­ November 1955; serve the public interest; and ice from the proposed operations of East The Commission having under consid­ It further appearing that a timely Arkansas Broadcasters, Inc., and Warren eration the above-entitled applications reply was filed by each of the applicants; L. Moxley, and the availability of other for construction permits for new stand­ and primary service to such areas and ard broadcast stations to operate on 900 It further appearing that in its peti­ populations. kilocycles, daytime only, by Miners tion filed on November 4, 1954, Miners 2. To determine areas and populations Broadcasting Service, Inc., at West requested reinstatement of its ap­ that would gain or iose primary service Chester, Pennsylvania, with a power of plication, which was dismissed without from the proposed operations of Stations 500 watts; by Rollins Broadcasting of prejudice on August 19,. 1954, at the WSUH and WHER, and the availability Delaware, Inc., and by Lawrence M. C. applicant’s request; that originally the of other primary service to such areas Smith, d/b as Franklin Broadcasting application was filed on a site-to-be- and populations. . ' „ ' Company at Philadelphia, Pennsylvania, determined basis under the Commis­ sion’s rules at that time; that Rollins 3. To determine whether the opera­ each with a power of 1 kilowatt employ­ ing a directional antenna; and pleadings opposes reinstatement on the grounds tions proposed by East Arkansas Broad­ filed by Miners Broadcasting Service, that dismissal left Miners with no rights casters, Inc. and Tri-State Broadcasting Inc., on November 5, 1954, entitled, “Pe­ to reinstatement on a site-to-be-deter- Service would cause objectionable inter­ tition to Reinstate Application and to mined basis now precluded by the rules; ference to each other ; and, if so, the Modify License of WJWL and Request that on May 23, 1955, Miners tendered nature and extent thereof, the areas for Comparative Hearing” wherein it is an amendment to its application specify­ and populations affected thereby, and requested that the Commission direct ing a site; that no reason now obtains whether, because of the said interfer- Rollins Broadcasting, Inc., to show cause for denying the request for reinstate­ ence, the proposed operations would why the license of Station WJWL* ment since the application as amended 9030 NOTICES

could be filed de novo and receive con­ It further appearing that in its peti­ casting Company would constitute a sideration with the other subject appli­ tion filed on December 4, 1954, the Wm. hazard to air navigation. cations; and Penn Broadcasting Company, licensee of 5. To determine whether the opera­ It further appearing, that in the above- Station WPEN, Philadelphia, Pennsyl­ tions proposed by Miners Broadcasting described petition of Miners Broadcast­ vania, requested that the application of Service, Inc., Rollins Broadcasting of ing Service, Inc., requesting the Commis­ Rollins Broadcasting of Delaware, Inc. Delaware, Inc., and the Franklin Broad­ sion to issue an order requiring Rollins be designated for hearing on an issue casting Company would involve objec­ Broadcasting of Delaware, Inc., to show designed to determine whether a grant tionable interference with Station cause why the license of Station WJWL, of the Rollins application would be in WJWL, or any other existing broadcast Georgetown, Delaware, should not be contravention of section 3.35 of the Com­ stations, and, if so, the nature and ex­ modified to specify operation on 1250 kc mission's rules; and tent, thereof, the areas and populations instead of 900 kc, it is contended that the It further appearing that in an affected thereby, and the availability of public interest would be served by making amendment dated October 26, 1955, other primary service to such areas and the 900 kilocycle channel available for the Franklin Broadcasting Company populations. assignment to West Chester because no changed the location of its proposed 6. To determine, in light of Issue 5 other frequency is available for use in station from Ardmore, Pennsylvania, to whether, because of the interference re­ West Chester and because 900 kc is Philadelphia, Pennsylvania; that the ceived from Station WJWL, the proposal “peculiarly susceptible for assignment” to amended proposal, as in the case of the of Miners Broadcasting Service, Inc., that city; that Rollins admitted the Rollins proposal, would not provide sat­ would comply with the provisions of sec­ feasibility of WJWL’s operation on 1250 isfactory service to the city of Philadel­ tion 3.28 (o) of the Commission’s rules. kc when it filed contingent applications phia since the 5 mv/m contour would 7. To determine in light of section 307 on September 24, 1954, for moving not encompass the entire residential (b) of the Communications Act of 1934, WJWL on 900 kc to Philadelphia and for area of the city as required by the Com­ as amended, which of the operations a new standard broadcast station to op­ mission’s engineering standards; and proposed in the above-entitled applica­ erate on 1250 kc in Georgetown, Dela­ that it has not yet been determined tions would best provide a fair, efficient ware, Pile Nos. BP-9500 and BP-9501; whether the antenna system proposed and equitable distribution of radio that in oppositions filed on December 6, by tiie Franklin Broadcasting Company service. 1954, and January 27, 1955, Rollins con­ in its latest amendment would constitute 8. To determine, on a comparative tended that it should not be subjected to a hazard to air navigation; and basis, which o f the stations proposed in the expense of changing the frequency of It further appearing that the Com­ the above-entitled applications of Miners WJWL to 1250 kc because in order to mission, after consideration of the fore­ Broadcasting Service, Inc.; Rollins maintain its present coverage it would going, is of the opinion that a consoli­ Broadcasting of Delaware, Inc.; and have to increase power on 125Q kc and the dated hearing is necessary; Franklin Broadcasting Company would estimated cost would approximate I t is ordered, That the petition of best serve the public interest, convenience $50,000; and Miners Broadcasting Service, Inc., for or necessity in the light o f the evidence It further appearing that the Com­ reinstatement of its application is adduced under the foregoing issues and mission believes that, as a matter of granted and the amendment to the ap­ . the record made with respect to the sig­ general policy, show cause orders requir­ plication filed on May 23, 1955, is ac­ nificant differences between the appli­ ing existing stations to defend their li­ cepted; and cants as to: censed assignments should be issued only I t is further ordered, That the petition (a) The background and experience under circumstances in which the ad­ of Miners Broadcasting Service, Inc., re­ of each of the above-named applicants vantages of the proposed change with questing the Commission to direct Rol­ to own and operate the proposed stations. respect to an efficient utilization of the lins Broadcasting of Delaware, Inc., to (b) The proposals of each of the frequencies involved are obvious and in show cause why the frequency of Station above-named applicants with respect to which the public interest aspects are WJWL should not be changed from 900 the management and operation of the clearly defined; that a satisfactory show­ kilocycles to 1250 kilocycles is denied; proposed stations. ing has not been made by Miners Broad­ and (c) The programming service pro­ casting Service, Inc., that there exists a I t is further ordered, That the petition posed in each of the above-mentioned public need sufficient to warrant the of Rollins Broadcasting of Delaware, applications. drastic action it seeks; that West Chester, Inc., requesting the Commission to dis­ I t is further ordered, That the issues in Pennsylvania, is not an underserved area miss the applications of Miners Broad­ the above-entitled proceeding may be and presently receives primary service casting Service, Inc., and the Franklin enlarged by the Examiner on his own from ten existing stations; that the Broadcasting Company is denied; a-nd motion or on petition properly filed by a burden of a licensees compliance with a I t is further ordered, That, pursuant to party to the proceeding and upon suffi­ show cause order of this nature is sub­ section 309 (b) of the Communications cient allegations of fact in support there­ stantial; that a satisfactory showing has Act of 1934, as amended, the above-en­ of, by the addition of the following issue: not been made by Miners Broadcasting titled applications are designated for . To determine whether funds available Service, Inc., that the ultimate advan­ hearing in a consolidated proceeding, at to the applicant will give reasonable as­ tages to the public in requiring WJWL to a time and place to be specified in a sub­ surance that the proposal set forth in the change its facilities to accommodate the sequent order, upon the following issues: application will be effectuated. establishment of an additional broadcast 1. To determine the areas and popula­ I t is further ordered, That the Wm. service for West Chester have not been tions which would receive primary serv­ Penn Broadcasting Company, licensee of demonstrated; and ice from each of the proposed operations, Station WPEN, Philadelphia, Pennsyl­ It further appearing that in a petition and the availability of other primary vania, is made a party to the proceeding. service to such areas and populations. filed on August 2, 1955, Rollins Broad­ ^ Released: December 2,1955. 2. To determine whether the pro­ casting of Delaware, Inc., requested that posals of Rollins Broadcasting of Dela­ F ederal Communications the applications of Miners Broadcasting ware, Inc., and Franklin Broadcasting C o m m is s io n , Service, Inc., and the Franklin Broad­ Company would provide satisfactory [ se al] M a r y Jane M orris, v ^ Secretary. casting Company be dismissed on the service to the city sought to be served as grounds that the operation proposed by recommended by the Commission [F. R. Doc. 55-9867; Filed, Dec. 7, 1955; each would cause extensive interference Standards of Good Engineering Practice. 8:50 a. m.] to WJWL and that, therefore, neither 3. To determine whether a grant of proposal could possibly be granted; that the application of Rollins Broadcasting [Docket No. 11567; FCC 55-1195] although said proposals may cause inter­ of Delaware, Inc., would be in contra­ ference to WJWL, both applicants are vention of the provisions of section 3.35 Charles W . S tone entitled to a hearing on their respective of the Commission’s rules on multiple order designating application for applications with the question of inter­ ownership. HEARING ON STATED ISSUES ference to WJWL as one of the issues in 4. To determine whether the antenna 111 re application of Charles W. Stone, the hearing; and system proposed by the F ra n klin Broad­ Fort Lauderdale, Florida, Docket No./ Thursday, December 8, 1955 FEDERAL REGISTER 9031

11567, Pile No. BP-9626; for construction of Station WAHR, Miami Beach, Florida, to serve Central Nebraska Public Power are made parties to the proceeding. & Irrigation District its entire fuel re­ permit. quirements for the operation of its pro­ At a session of the Federal Communi­ Released: December 2, 1955. cations Com m ission held a t its offices posed 100,000 kw electric generating in Washington, D. C., on the 30th day F ederal C ommunications plant to be located approximately 5 miles of November 1955; C o m m is s io n , southeast of Lexington, Nebraska. The Commission having under consid­ [ seal] M a r y Jane M o rris, The estimated third year requirement eration the above-entitled application of Secretary. of the plant is 5,000,000 Mcf, which Charles W. Stone for a construction per­ [P. R. Doc. 55-9868; Piled, Dec. 7, 1955; Applicant states will be delivered on an mit for a new standard broadcast sta­ 8:51 a. m.] interruptible basis, subject to curtail­ tion to operate on 1470 kilocycles with a ment during peak winter operations or power of 1 kilowatt, daytime only, at emergencies and therefore such service Port Lauderdale, Florida; and FEDERAL POWER COMMISSION will neither affect the capacity of Appli­ cant’s system nor service to any of its It appearing that the applicant is le­ [Docket Nos. 0-2569, G-2570] gally, technically and otherwise quali­ firm customers. fied, except as may appear from the C it ie s S ervice G as Co ., and S ig n a l Oi l Applicant states that its system pri­ issues specified below, to operate the and G as Co m p a n y marily serves an agricultural area wherein there are a limited number of proposed station, but that the proposed NOTICE OP OPINION NO. 288 AND ORDER operation may involve interference with industrial customers which consequently Stations WWPB, Miami, Florida, and D ecember 1,1955. reduces the opportunity for Applicant WAHR, Miami Beach, Florida; and that Notice is hereby given that on Novem­ to operate its facilities at a high load Insufficient information has been sub­ ber 28, 1955, the Federal Power Commis­ factor. Providing gas service to the mitted to determine whether the appli­ sion issued its opinion and order adopted proposed electric generating plant will cant is financially qualified; and November 23,1955, issuing certificates of increase Applicant’s present load factor It further appearing that, pursuant public convenience and necessity under of about 52 percent to an estimated 59 to section 309 (b) of the Communica­ section 7 (c) of the Natural Gas Act in percent. tions Act of 1934, as amended, the sub­ the above-entitled matters. The estimated cost of the proposed ject applicant was advised by letter facilities is $177,000 and Applicant states [ seal] L eon M . F u q u a y , that no major financing will be required. dated August 16, 1955, of the aforemen­ Secretary. tioned deficiencies and that the Com­ Protests or petitions to intervene may mission was unable to conclude that a [F. R. Doc. 55-9843; Piled, Dec. 7, 1955; be filed with the Federal Power Com­ 8:47 a. m.] grant of the application would be in the mission, Washington 25, D. C., in accord­ public interest; and ance with the Commission’s rules of It further appearing that a timely practice and procedure (18 CFR 1.8 or 1.10) on or before December 22, 1955. reply was filed by the applicant; and [Docket No. G-9504] It further appearing that Stations [ se al] L eon M . F u q u a y , WWPB and WAHR in letters dated Au­ K ansas-N ebraska N atu ral G as C o ., I n c . Secretary. gust 23 and August 31, 1955, respectively NOTICE OP APPLICATION [F. R. Doc. 55-9839; Piled, Dec. 7, 1955; requested that the subject aplication be 8:47 a. m.] designated for hearing on the grounds D ecember 2, 1955. of the above-described interference and Take notice that Kansas-Nebraska that they be made parties to the hearing; Natural Gas Company, Inc. (Applicant), and a Kansas corporation with its principal [Docket No. G—9721] It further appearing that the Com­ place of business at Phillipsburg, Kan­ R ebstock & R eeves D r il l in g Co. mission, after consideration of the re­ sas, filed an application on October 18, plies, is of the opinion that a hearing 1955, pursuant to section 7 (c) of the ORDER SUSPENDING PROPOSED CHANGES IN is necessary;' Natural Gas Act, authorizing the con­ RATES It is ordered, That, pursuant to sec­ struction and operation of natural gas Rebstock & Reeves Drilling Company tion 309 (b) of the Communications Act facilities and to render service as here­ (Applicant), on November 2, 1955, ten­ of 1934, as amended, the said application inafter described subject to the juris­ dered for filing proposed changes in is designated for hearing, àt a time and diction of the Commission, all as more presently effective rate schedules for place to be specified in a subsequent fully represented in the application sales subject to the jurisdiction of the order, upon the following issues: which is on file with the Commission Commission. The proposed changes, 1. To determine whether Charles W. and open to public inspection. which constitute increased rates and Stone is financially qualified to construct Applicant proposes to construct and charges, are contained in the following and operate the proposed station. operate approximately 9 miles of 8-inch designated filing, which is proposed to 2. To determine the areas and popu­ gas pipeline and a measuring station and become effective on the date shown: lations which would receive primary service from the proposed operation, and Effective the availability of other primary service Description Purchaser Rate schedule designation date1 to such areas and populations. 3. To determine whether the proposed Notice of change, dated Oct. Supplement No. 2 to Applicant’s Dec. 3, 1955 operation would involve objectionable 28, 1955. FPC Gas Rate Schedule No. 1. interference with Stations WWPB, M i­ ami, Florida, and WAHR, Miami Beach, * The stated effective date is the first day after expiration of the required 30 days’ notice, or the effective date Florida, or' any other existing standard proposed by Applicant if later. broadcast station, and, if so, the nature The increased rates and charges pro­ posed changes, and that the above- and extent thereof, the areas and popu­ posed in the aforesaid filing have not designated supplement be suspended and lations affected thereby, and the avail­ been shown to be justified, and may be the use thereof deferred as hereinafter ability of other primary service to such unjust, unreasonable, unduly discrimi­ ordered. areas and populations. natory, or preferential, or otherwise The Commission orders: 4. To determine whether in the light unlawful. (A ) Pursuant to the authority con­ of the evidence adduced under the fore­ The Commission finds: I t is necessary tained in sections 4 and 15 of the Nat­ going issues, a grant of the proposed and proper in the public interest and ural Gas Act and the Commission’s gen­ operation would be in the public interest. to aid in the enforcement of the pro­ eral rules and regulations (18 CFR, It is further ordered, That Paul Brake, visions of the Natural Gas Act that the Chapter 1)^ a . public hearing be held licensee of Station WWPB, Miami, Flor­ Commission enter upon a hearing con­ upon a date to be fixed by notice from ida; and Alan Henry Rosenson, licensee cerning the lawfulness of the said pro- the Secretary concerning the lawfulness No. 238- i 9032 NOTICES

of said proposed changes in rates and pany; Consumers Gas Company; City of mission system of approximately charges; and, pending such hearing and loo Duluth, Minnesota; Iron Ranges Natural miles of 8-inch equivalent miscellaneous decision thereon, the above-designated Gas Company; Merrill Gas Company; gathering lines in the States of Texas supplement be and the same hereby is Minnesota Valley Natural Gas Company; and Louisiana, and seeks herein authori­ suspended and the use thereof deferred Montana-Dakota Utilities Company; zation to construct and operate five new until May 3, 1956, and until such further Northern States Power Company; North­ compressor stations and additions W time as it is made effective in the man­ west Gas and Power Company; Peoples four existing compressor stations, to- ner prescribed by the Natural Gas Act. Gas Company; Towns of Shawano «.r>d taling 42,140 compressor horsepower. (B) interested State Commissions Clintonville, Wisconsin; Superior Water, These facilities axe designed to increase: may participate as provided by sections Light and Power Company; City of the capacity of Tennessee’s system to; 1.8 and 1.37 (f) of the commission’s Wadena, Minnesota; Wisconsin Fuel and permit the sale and delivery of up to rules of practice and procedure (18 CFR Light Company; Wisconsin Hydro-Elec­ 204.000 Mcf of natural gas per day to 1.8 and 1.37 (f) ). tric Company; Wisconsin Public Service Midwestern Gas Transmission Company Adopted: November 30, 1955. Corporation; Wisconsin Rapids Gas and at a proposed interconnection in the Electric Company; and to Michigan-Wis­ Issued: December 2,1955. State of Tennessee, such gas to be sold consin Pipe Line Company for resale in under Tennessee’s General Service G-l By the Commission.1 Wisconsin, to Northern Natural Gas (Southern Zone) Rate Schedule at an Company for resale in Minnesota, to average charge of 23.40 cents per Mcf of [ seal] L eon M . F u q u a y , Natural Gas Pipeline Company of Amerr Secretary. natural gas delivered. The ability of ica, and to Texas Illinois Natural Gas Tennessee to deliver this gas to Midwest­ [F. R. Doc. 55-9840; Filed, Dec. 7, 1955; Pipeline Company for resale; and if such ern depends on facilities proposed by 8:47 a. m. companies do not purchase that gas, Ap­ Tennessee in Docket No. G-9448. The plicant proposes to sell the gas directly to estimated cost of the proposed facilities the distribution customers of such com­ is $18,615,000, which will be met out of a panies and to industries located within financing program by Tennessee involv­ [Docket No. G—9451 etc.] economic reach of Applicant’s lines in ing the issuance of bonds, debentures, M id w e s te r n G as T ransmission Co. and such respective states. Midwestern’s preferred stock, and common stock. T ennessee GAs T ransmission C o. proposed tariff provides a base rate of Take further notice that Tennessee a monthly demand charge of $3.75 times filed on October 10, 1955, in Docket No. NOTICE OP APPLICATIONS the specified contract demand and a G-9448, an application for a certificate D ecember 2,1955. commodity charge of 22 cents per Mcf of of public convenience and necessity, pur­ In the matters of Midwestern Gas firm gas delivered. In addition, a rate suant to section 7 of the Natural Gas Act, Transmission Company, Docket Nos. for overrun, or interruptible gas, of 28 authorizing the construction and opera­ <3-9451, G-9452, and G-9453; Tennessee cents per M cf is provided. The esti­ tion of certain transmission pipe line Gas Transmission Company, Docket Nos. mated cost of the proposed facilities is facilities. Tennessee proposes to con­ G-9454, G-9448, 0-9449, G-9450, and $97,988,000. The proposed financing in­ struct and operate additions to its ex­ CM922. cludes the issuance of bonds, bank loans, isting transmission system of approxi­ Take notice that Midwestern Gas and common stock. mately 162 miles of main line loops, two Transmission Company (Midwestern), a Take further notice that Midwestern new compressor stations, and additions Delaware corporation, having its princi­ filed on October 10, 1955, in Docket No. to four existing compressor stations, pal place of business in the Commerce G-9452, an application for authorization totaling 13,940 compressor horsepower. Building, Houston, Texas, filed on Octo­ to import natural gas from Canada, pur­ In addition, Tennessee proposes to con­ ber 10, 1955, in Docket No. G-9451, an suant to Section 3 of the Natural Gas struct approximately 75 miles of addi­ application for a certificate of public Act, and in Docket No. G-9453 an appli­ tional gathering lines on its supply sys­ convenience and necessity, pursuant to, cation for a Presidential Permit, pursu­ tem in Texas and Louisiana. These section 7 of the Natural Gas Act, author­ ant to Executive Order No. 10485, to con» facilities are designed to increase Ten­ izing the construction and operation of struct, operate, and máintain facilities at nessee’s average day system capacity by 64.000 Mcf. certain transmission pipeline facilities, the International Boundary to be used as supplemented on November 3, 1955, for the importation of natural gas from Tennessee proposes by this application and further supplemented on December Canada. in Docket No. G-9448 to sell and deliver 1, 1955. The applications in Docket Nos. G - additional gas to: Iroquois Gas Corpora­ Midwestern proposes to construct and 9452 and G—9453 complement Midwest­ tion; The Manufacturers Light and Heat operate approximately 1,760 miles of ern’s above-mentioned application in Company; National Gas and Oil Corpo­ pipelines and five compressor stations Docket No. G—9451 and seek authoriza­ ration; Pennsylvania Gas Company; United Natural Gas Company; Alabama- totaling 25,520 horsepower, with a daily tion to import up to 204,000 Mcf of nat­ sales capacity of 401,574 Mcf of gas per ural gas per day to be purchased from Tennessee Natural Gas Company; City of Batesville, Mississippi; Berkshire Gas day. The transmission system will ex­ Trans-Canada Pipe lines, Limited, at the International Boundary near Emer­ Company; Blackstone Valley Gas & Elec­ tend from a point of interconnection tric Company; Town of Bolivar, Tennes­ near Portland, Tennessee, with the exist­ son, in the Province of Manitoba. .The facilities to be used for such importation see;. Town of Chatham, Louisiana; Con­ ing natural gas pipeline system of Ten­ cord Natural Gas Corporation; Connecti­ nessee Gas Transmission Company, in a of gas will consist of a 24-inch diameter pipeline to connect with the main trans­ cut Gas Company; Connecticut Power northerly direction through the States Company; Town of Dickson, Tennessee; of Tennessee, Kentucky, Indiana, Illi­ mission pipeline of Midwestern and with the facilities to be constructed by Trans- Fitchburg Gas & Electric Light Co.; nois, Wisconsin, and Minnesota, to a Greenwich‘Gas Company; Haverhill Gas point on the United States-Canadian In ­ Canada in the Dominion of Canada. Tennessee Gas Transmission Com­ Company; Holyoke Gas & Electric De­ ternational Boundary near Emerson, partment; HoUsatonic Public Service Manitoba. Midwestern proposes to ob­ pany. Take notice that Tennessee Gas Transmission Company (Tennessee), a Company; Lynn Gas & Electric Com­ tain at the border up to 204,000 Mcf of pany; Manchester Gas Company; City natural gas per day from Trans-Canada Delaware corporation, having its prin­ cipal place of business in the Commerce of New Albany, Mississippi; New Britain Pipe Lines, Limited, and up to 204,000 Gas Light Company; City of Portland, M cf per day from Tennessee Gas Trans­ Building, Houston, Texas, filed on Octo­ ber 10, 1955, in Docket No. G-9454, an Tennessee; Cities of Ripley, Booneville, mission Company at the proposed point and Baldwin, Mississippi; Springfield Gas of interconnection near Portland, Ten­ application for a certificate of public nessee. convenience and necessity, pursuant to Eight Company; Tennessee Natural Gas Section 7 of the Natural Gas Act, Lines, Inc.; United Gas Pipe Line Com­ Midwestern proposes to transport and pany; Westfield Gas and Electric Light authorizing the construction and opera­ sell natural gas to the following, for re- ' Department; Worcester Gas Light Com­ sale: City of Ada, Minnesota; Central tion of certain transmission pipeline pany. The estimated cost of the pro­ Wisconsin Gas Company; City Gas Com- facilities. posed facilities is $24,319,000, which win Tennessee proposes to construct and be met out of a financing program by 1 Commissioner Digby dissenting. operate additions to Its existing trans- Tennessee, involving the issuance cf Thursday, December 8, 1955 FEDERAL REGISTER 9033 bonds, debentures, preferred stock, and Effective common stock. m Description Purchaser Rate schedule designation date 1 Take further notice that Tennessee filed on October 10, 1955, in Docket No. Notice of change, dated Nov. Supplement No. 4 to Applicant’s Dec. 17,1955 G-9449. an application for a certificate 15, 1955. FPO Gas Rate Schedule No. 1. of public convenience and necessity, pur­ suant to section 7 of the Natural Gas » The stated effective date is the first day after expiration of the required 30 days’ notice, or the effective date Act, authorizing the operation of certain proposed by Applicant if later. transmission pipe line facilities for the The increased rates and charges pro­ of the Kessler-Sternfels No. 1 Well, lo­ purpose of selling a maximum daily posed in the aforesaid filing have not cated on the Kessler-Sternfels Lease, quantity of 86,755 Mcf of natural gas to been shown to be justified, and may be Napoleonville Field, Assumption Parish, Trans-Canada Pipe Lines, Limited, at unjust, unreasonable, unduly discrimi­ Louisiana, to United Gas Pipe Line Com­ the International Boundary near Niagara natory, or preferential, or otherwise pany for resale. Falls, New York, for resale in Montreal, unlawful. This matter is one that should be dis­ Canada, and environs. The sale is pro­ The Commission finds: It is necessary posed of as promptly as possible under posed only for a period of three years and proper in the public interest and to the applicable rules and regulations and after the date of initial delivery or until aid in the enforcement of the provisions to that end: Trans-Canada Pipe Lines, Limited, is of the Natural Gas Act that the Com­ Take further notice that, pursuant to ready to commence natural gas deliveries mission enter upon a hearing concerning the authority contained in and subject to in eastern Canada through its proposed the lawfulness of the said proposed the jurisdiction conferred upon the Fed­ all-Canadian line, whichever shall first changes, and that the above-designated eral Power Commission by sections 7 and occur. Tennessee proposes to transport supplement be suspended and the use 15 of the Natural Gas Act, and the Com­ such gas through its presently unused thereof deferred as hereinafter ordered. mission’s rules of practice and procedure, capacity in existing facilities. The Commission orders: a hearing will be held on January 10, Take further notice that Tennessee (A ) Pursuant to the authority con­ 1956, at 9:50 a. m„ e. s. t., in a Hearing filed on October 10, 1955, in Docket No. tained in sections 4 and 15 of the Natural Room of the Federal Power Commission, G-9450, an application to export natural Gas Act and the Commission’s general 441 G Street NW., Washington, D. C., gas to Canada, pursuant to section 3 rules and regulations (18 CFR, Chapter concerning the matters involved in and of the Natural Gas Act, and in Docket I ) , a public hearing be held upon a date the issues presented by siich application: No. G-1922 an application for an amend­ to be fixed by notice from the Secretary Provided, however, That the Commis­ ment to a Presidential Permit issued concerning the lawfulness of said pro­ sion may, after a non-contested hearing, on September 11, 1953, to permit the posed changes in rates and charges; and, dispose of the proceedings pursuant to operation and maintenance of existing pending such hearing and decision the provisions of section 1.30 (c) (1) or facilities at the International Boundary thereon, the above-designated supple­ (c) (2) of the Commission’s rules of near Niagara Palls as therein requested. ment be and the same hereby is practice and procedure. Under the pro­ The above applications in Docket Nos. suspended and the use thereof deferred cedure herein provided for, unless other­ G-9450 and G-1922 complement Ten­ until May 17, 1956, and until such wise advised, it will be unnecessary for nessee’s above-mentioned application further time as it is made effective in the Applicant to appear or be represented at in Docket No. G-9449, and seek author­ manner prescribed by the Natural Gas the hearing. ization to export up to maximum daily Act. Protests or petitions to intervene may quantity of 86,755 Mcf, and an annual (B) Interested State commissions be filed with the Federal Power Commis­ quantity of approximately 14,000,000 may participate as provided by sections sion, Washington 25, D. C., in accordance Mcf, for sale to Trans-Canada Pipe Lines, 1.8 and 1.37 ( f ) of the Commission’s rules with the rules of practice and procedure Limited, at the International Boundary of practice and procedure (18 CFR 1.8 (18 CFR 1.8 or 1.10) on or before Decem­ near Niagara Palls, New York. and 1.37 (f)). ber 20,1955. Failure of any party to ap­ pear at and participate in the hearing This gas will be sold under Tennessee’s Adopted: November 30, 1955. G-5 Rate Schedule at an average charge shall be construed as waiver of and con­ of 39.3 cents per Mcf. Issued: December 2, 1955. currence in omission herein of the inter­ mediate decision0 procedure in cases No additional facilities are proposed By the Commission. to be constructed at the International where a request therefor is made. Boundary near Niagara Palls. [ seal3 L eon M . F u q u a y , Secretary. [ seal] L eon M . F tjquay, Protests or petitions to intervene may Secretary. be filed with the Federal Power Commis­ [F. R. Doc. 55-0841; Filed, Dec. 7, 1955; 8:47 a. m.] [F. R. Doc. 55-9845; Filed, Dec. 7, 1955; sion, Washington 25, D. C., in accordance 8:47 a. m.] with the rules of practice and procedure (18 CFR 1.8 or 1.10) on or before De­ cember 27, 1955. [Docket No. G—5199] [seal] L eon M . F u q u a y , [Docket Nos. G—8235, G-8290] T h om as Jordan, I n c . Secretary. M ic h e l T. H a lb o u t y and H ar r y B. S im s n o t ic e of application and date of [P. R. Doc. 55-9842; Filed, Dec. 7, 1955; NOTICE OF APPLICATIONS AND DATE OF 8:47 a. m.] HEARING HEARING D ecember 1, 1955. D ecember 1, 1955. Take notice that Thomas Jordan, In ­ Take notice that Michel T. Halbouty, a [Docket No. G-9722] corporated (Applicant), a Delaware corporation whose address is 404 St. sole proprietorship, whose address is 323 J. E. M arshall et a l . Charles St., New Orleans, Louisiana, filed Shell Building, Houston, Texas, filed as on November 22,1954, an application for operator1 on December 16, 1954, an ap­ ORDER SUSPENDING PROPOSED CHANGES plication, and that Harry B. Sims, a sole RATES a certificate of public convenience and necessity, pursuant to section 7 of the proprietorship whose address is 401 Mel- J. E. Marshall et al. (Applicant), < Natural Gas Act, authorizing Applicant lie Esperson Building, Houston, Texas, November 16, 1955, tendered for fili: to render service as hereinafter de­ filed as non-operator1 on December 22, Proposed changes in presently effecti scribed, subject to the jurisdiction of the 1954, an application, each for a certificate rate schedules for sales subject to t of public convenience and necessity pur- jurisdiction of the Commission. T Commission, all as more fully repre­ sented in the application which is on file Proposed changes, which constitute i 1 Michel T. Halbouty Is operator and owns ra^es and charges, are contain with the Commission and open for pub­ a % interest In the Sims (Lessor) -Halbouty m the following designated filing, whi lic inspection. (Lessee) Lease. Harry B. Sims is a non­ proposed to become effective on t Applicant proposes to sell natural gas operator and owns the remaining x/\ interest date shown: in interstate commerce from production in the lease. 9034 NOTICES

suant to section 7 of the Natural Gas Act, natural gas under section 3 of the Nat­ authorizing Applicants (hereinafter re­ hourly load pattern and to an amount ural Gas Act, and issuing Presidential which will not exceed the normal aver­ ferred to as Applicant) to render service Permit in Docket No. G-8933. as hereinafter described, subject to the age load factor of the Contractor applied jurisdiction of the Commission, all as [ seal] L eon M . F u q u a y , to the then existing contract rate of more fully represented in each applica­ Secretary. delivery for firm power. Such restriction shall not be considered to be a curtail»! tion which is on file with the Commission [P. R. Doc. 55-9844; Plied, Dec. 7, 1955; and open for public inspection. 8:47 a.m .] ment of electric service which is subject to billing adjustment. For the purpose Applicant proposes to sell natural gas of this contract normal average load in interstate commerce from production factor shall mean the load factor which of an oil, gas and mineral lease compris­ [Docket No. IT-5891] may reasonably be expected for the bill­ ing a 616 acre tract and a 269.3 acre tract, ing period in which the restriction is Pelican Field, Liberty County, Texas, to B ureau op R eclam atio n , D e partm en t op effective and shall be estimated by the Tennessee Gas Transmission Company th e I nte r io r , F ort P eck P roject, for resale. contracting officer from load factors of M o ntana similar periods in previous years or from These related matters should be heard n o t ic e op request for confirmation and such other data as may be made avail­ on a consolidated record and disposed of able by the Contractor, as promptly as possible under the ap­ APPROVAL OF SUPPLEMENTAL RATE SCHED­ 2. Schedule of rates. Wheeling plicable rules and regulations and to that ULE FOR SALE OF POWER charges. (For use in contracts involv­ end: D ecember 1,1955. ing wheeling.) Take further notice that, pursuant to Notice is hereby given that the Com­ (b) In addition to the charges payable the authority contained in and subject missioner of the Bureau of Reclamation, under the rate schedule provided herein, to the jurisdiction conferred upon th e ' Department of the Interior, has filed when the United States utilizes trans­ Federal Power Commission by sections 7 with the Federal Power Commission for mission facilities other than its own in and 15 of the Natural Gas Act, and the confirmation and approval, pursuant to providing service under this contract, Commission’s rules of practice and pro­ the provisions of the Fort Peck Act (52 and costs are incurred by the United cedure, a hearing will be held on Stat. 403), a modification of Rate Sched­ States for the use of such facilities, the Wednesday, January 11, 1956, at 9:30 ule No. R6-F4 heretofore approved by Contractor; a. m., e. s. t., in a hearing room of the the Commission, which reads as follows: ( 1) shall pay all such costs, including Federal Power Commission, 441 G Street General rate schedule provisions. transmission losses, incurred in the de­ NW., Washington, D. C., concerning the Service under the rate, terms and condi­ livery of secondary and dump energy; matters involved iri and the issues pre­ tions specified on Rate Schedule No. R 6- and sented by such applications: Provided, F4 shall be subject to the following addi­ (2) shall pay that portion of such however, That the Commission may, tional terms and conditions which may costs, including transmission losses, in­ after a non-contested hearing, dispose be stated as contract provisions in lieu curred in the delivery of firm energy of the proceedings pursuant to the pro­ of incorporation in printed rate sched­ which is in excess of a one-mill per kilo­ visions of section 1.30 (c) (1) or (c) (2) ules: watt-hour transmission charge and re­ of the Commission’s rules of practice 1. Electric service to be furnished. lated transmission losses. Related and procedure. Under the procedure Auxiliary service limitation. (For use in transmission losses are that portion, of herein provided for, unless otherwise contracts involving firm power sales.> the total transmission losses for firm advised, it will be unnecessary for Ap­ (c) Service hereunder may be used power and energy determined by multi­ plicant to appear or be represented at plying the total of such - transmission the hearing. ‘ auxiliary to other sources of supply, and when so used, a minimum amount of losses by the ratio of the one-mill trans­ Protests or petitions to intervene may firm energy shall be deemed to have been mission charge to the total transmission be filed with the Federal Power Com­ taken by the Contractor and shall be charge involved. mission, Washington 25, D. C., in accord- paid for under the rate schedule pro­ The transrfiission losses chargeable to ance with the rules of practice and pro­ vided herein. Such minimum amount of cedure (18 CFR 1.8 or 1.10) on or before the Contractor shall, for billing purposes, firm energy in any billing period shall be be added to the meter readings of the December 21,1955. Failure of any party the Contractor’s total system energy re­ to appear at and participate in the hear­ power and energy delivered to the Con­ quirements in the billing period times tractor. If increases in the rate of ing shall be construed as waiver of and the ratio of the then existing contract concurrence in omission herein of the charge for transmission service and for rate of delivery for firm power to the transmission losses are made during the intermediate decision procedure in cases Contractor’s maximum 30-minute inte­ where a request therefor is made. term of this contract, or the United grated system demand occurring during States notifies the Contractor that an [ se al] - L eon M . F u q u a y, the billing period or in the eleven months increase will be made, the Contractor at i Secretary. preceding, but such ratio shall not be any time not later than sixty (60) days [P. R. Doc. 55-9846; Plied, Dec. 7, 1955; greater than one nor shall such mini­ (Upon request by the customer the noti­ 8:47 a. m.] mum amount of energy in any billing fication period may be changed to 180 month be more than such maximum days) after the effective date of any such taking of energy for said month as may increase, but not thereafter, may termi­ be established by the contracting officer nate this contract by written notice to [Docket No. G-8932 etc.] pursuant to section (d) following. The the United States, said termination to be Contractor shall promptly furnish to the P ac ific N o rth w est P ip e l in e C orp. et a l . effective as of such subsequent date as contracting officer at the end of each the Contractor shall therein designate. NOTICE OF OPINION NO. 289 AND ORDER billing period the data required by him For the purpose of this section (b ), firm for the necessary computations here­ D ecember 1,1955. energy shall be all energy delivered up under. to but not exceeding the number of kilo­ In the matters of Pacific Northwest (d) When an auxiliary source of sup­ Pipeline Corporation, Docket Nos. G - watts on which the demand or capacity ply is available the Contractor may take charge will apply times the hours in the 8932, G—8933, G-8934; El Paso Natural energy hereunder in excess of the amount Gas Company, Docket No. G-8940; Ne­ billing period times the Contractor’s represented by the contract rate of de­ system load factor in the billing period. vada Natural Gas Pipe Line Co., Docket livery for firm power at the Contractor’s No. G-8997. The remainder of the energy furnished normal average load factor except that Notice is hereby given that on Novem­ when as conclusively determined by the shall be considered as energy“which shall ber 25, 1955, the Federal Power Commis­ contracting officer there is an insufficient bd subject to the charges specified in (1) sion issued its opinion and order adopted supply of energy available to permit the of this section (b ). November 25, 1255, in the above-entitled Contractor to take energy in such excess Any person desiring to make comments matters, issuing certificates under section amounts, the contracting officer shall or suggestions for Commission consider­ 7 (e) of the Natural Gas Act and author­ have the right to restrict the taking of ation with respect to the foregoing izing the importation and exportation of energy to conform with the Contractor’s should submit the same on or before 9035 Thursday, December 8, 1955 FEDERAL REGISTER intended by the policy and provisions of December 28,1955, to the Federal Power SECURITIES AND EXCHANGE the act. Commission., Washington 25, D. C. COMMISSION Notice is further given that any inter­ [seal] L e o n M. F u q u a y , [File No. 812-974] ested person may, not later than De­ Secretary. cember 16, 1955, at 5:30 p. m., submit F in a n c ia l I n d u s t r ia l F u n d , I n c . ,F R Doc. 55-9847; Filed, Dec. 7, 1955; to the Commission in writing any facts 1 8:47 a. m.] NOTICE OF FILING OF APPLICATION PER­ bearing upon the desirability of a hearing MITTING CERTAIN REINVESTMENTS OF on the matter and may request that a DIVIDEND DISTRIBUTIONS AT NET ASSET hearing be held, such, request stating VALUE the nature of his interest, the reason for [Docket No. G—3045 etc.] D ecem ber 2, 1955. such request and the issues, if any, of fact or law proposed to be controverted, Notice is hereby given that Financial ANTHONY J. TAMBORELLO ET AL. or he may request that he be notified if Industrial Fund, Inc. (“Financial” ), a the Commission should order a hearing NOTICE OF OPINION NO. 287 AND ORDER registered open-end management in­ thereon. Any such communication or D ecem ber 1,1955. vestment company, has filed an applica­ request should be addressed: Secretary, In the matters of Anthony J. Tambo- tion pursuant to section 6 (c) of the Securities and Exchange Commission, rello, et al., Docket No. G-3045; Ted Investment Company Act of 1940 (“ act” ) Washington 25, D. C. At any time after Weiner, et al., Docket No. G4084; for an order of the Commission exempt­ said date, the application may be granted Phillips Petroleum Company, Docket No. ing from the provisions of section 22 (d) as provided in Rule 5-N of the rules and 04178; Shell Oil Company, Docket No. of the act the offering of certain shares regulation promulgated under the act. 04258; Hassie Hunt Trust, Docket No. of Financial at net asset value where 04420; E. A. Courtney, Docket No. G - such shares represent investments of By the Commission. 4719; The Texas Company, Docket No. dividends paid under the company’s pro­ [ s e a l] O rval L. D u B o is , 0-5665; R. R. Frankel, Docket No. G - posed Periodic Withdrawal Plan de­ Secretary. 8125; Shell Oil Company, Docket No. G - scribed below. Financial has at the present time a [F. R. Doc. 55-9851; Filed, Dec. 7, 1955; 8133; Transcontinental Gas Pipe Line 8:48 a. m.] Corporation, Docket No. G4257; Trans­ dividend reinvestment plan under which continental Gas Pipe Line Corporation, holders of shares of Financial may re­ Docket No. G4717; Transcontinental invest distributions representing capital DEPARTMENT OF AGRICULTURE Gas Pipe Line Corporation, Docket No. gains in additional shares at net asset G4718. value and reinvest other dividends in Commodity Stabilization Service Notice is hereby given that on Novem­ additional shares at the public offering ber 28,1955, the Federal Power Commis­ price. O rganization , F u n c t io n s an d sion issued its opinion and order adopted Financial now proposes to establish a D e le g a t io n s o f A u t h o r it y November 23, 1955, issuing certificates Periodic Withdrawal Plan under which of public convenience and necessity pur­ any holder of $10,000, or more of its Correction suant to section 7 (e) of the Natural Gas shares at the public offering price may In F. R. Doc. 55-9562, appearing at Act in the above-entitled matters. request Financial to pay the shareholder page 8785 of the issue for Wednesday, [ seal] L e o n M . F u q ü a y , $50 or more, either monthly or quarterly. November 30,1955, the heading for para­ Secretary. All shares owned by such shareholders graph V II should read: “Vn. Prior au­ will be credited to his Periodic With­ thorizations and delegations.” [F. R. Doc. 55-9848; Filed, Dec. 7, 1955; drawal Account, and sufficient full and 8:47 a.m .] fractional shares redeemed to meet the requested withdrawal payments. Under such plan all distributions, whether from Rural Electrification Administration [Docket No, G—9547] capital gains or income, will be auto­ matically reinvested in additional shares [Administrative Order 5187] U nite d G as P ip e L in e Co. at net asset value and credited to the M is s is s ip p i NOTICE SCHEDULING HEARING account. It is contemplated that the LOAN ANNOUNCEMENT amount of periodic withdrawals under D ecem ber 1,1955. such plan will be in excess of dividends N o v em ber 1,1955. Take notice that, pursuant to the au­ from income. Pursuant to the provisions of the thority contained in and subject to the Among other things, section 22 (d) Rural Electrification Act of 1936, as jurisdiction conferred upon the Federal of the act, with certain exceptions not amended, a loan contract bearing the Power Commission by sections 4, 5, and applicable here, prohibits a principal following designation has been signed 15 of the Natural Gas Act, and the Com­ underwriter of a registered investment on behalf of the Government acting mission’s rules of practice and procedure, company from selling redeemable se­ through the Administrator of the Rural a hearing will be held on February 6, curities of such registered investment Electrification Administration: company except at a curent public offer­ 1956, at 10:00 a. m., e. s. t., in a hearing Loan designation: Amount room of the Federal Power Commission, ing price described in the prospectus. Mississippi 22T Leake—---- —- — $395, 000 441 G Street N.W., Washington, D. C., Since the proposal set forth above may concerning the lawfulness of the rates involve the offering of shares of Financial [ s e a l ] F red H . S t r o n g , and charges contained in United Gas below the normal public offering price Acting Administrator. Pipe Line Company’s FPC Gas Tariff, and thereof described in the prospectus in [F. R. Doc. 55-9872; Filed, Dec. 7, 1955; the changes proposed in its filing of contravention of the provisions of section 8:51 a. m.] September 30, 1955, part of which filing 22 (d) of the act, Financial seeks an was suspended, by order of the Commis­ order pursuant to section 6 (c) of the act sion issued October 26, 1955. exempting such transactions from the Protests or petitions to intervene shall provisions of section 22 (d) of the act. [Administrative Order 5188] Section 6 (c) of the act authorizes the be filed with the Federal Power Commis­ K e n t u c k y sion, Washington 25, D. C., in accordance Commission, by order upon application, no Si? ru^es of practice and procedure to exempt conditionally or uncondi­ l o a n announcement tionally, any transaction from any provi­ 18 CFR 1.8 or 1.10) on or before Jan­ N ovem ber 7,1955. uary 16,1956. sion of the act or of any rule or regulation thereunder, if and to the extent that the Pursuant to the provisions of the *-SEALJ L e o n M . F u q u a y , Commission finds that such exemption Rural Electrification Act of 1936, as Secretary. is necessary or appropriate in the public amended, a loan contract bearing the [p- R. Doc. 55-9849; Filed, Dec. 7, 1955; interest and consistent with the protec­ following designation has been signed on 8:47 a. m.] tion of investors and the purposes fairly behalf of the Government acting 9036 NOTICES

through the Administrator of the Rural [Administrative Order 5192] Loan designation: M - , Amount Electrification Administration: Kentucky 56P Morgan______$750,000 T exas Loan designation: Am ount [SEAL] ANCHER NELSEN, Kentucky 18S Meade______$610, 000 lo a n announcement Administrator. N ovember 8,1955. [ seal] R obert T . B e a ll, [P. R. Doc. 55-9880; Piled, Dec. 7, 1955.4 Acting Administrator. Pursuant to the provisions of the Rural 8:52 a. m.] Electrification Act of 1936, as amended, a [P. R. Doc. 55-9873; Piled, Dec. 7, 1955; loan contract bearing the following des­ 8:51 a. m.] ignation has been signed on behalf of the [Administrative Order 5196] Government acting through the Admin­ istrator of the Rural Electrification Ad­ M in n e so ta ministration: LOAN ANNOUNCEMENT [Administrative Order 5189] Loan designation: Amount N ovember 10, 1955. I l l in o is Texas 115P Grimes ______$95,000 Pursuant to the provisions of the LOAN ANNOUNCEMENT [ seal] R obert T . B eall, Rural Electrification Act of 1936, as Acting Administrator. amended, a loan contract bearing the N ovember 7,1955. [P. R. Doc. 55-9877; Piled, Dec. 7, 1955; following designation has been signed Pursuant to the provisions of the Rural 8:51a.m .] on behalf of the Government acting Electrification Act of 1936, as amended, through the Administrator of the Rural a loan contract bearing the following Electrification Administration: designation has been signed on behalf of Loan designation: . Amount the Government acting through the Ad­ [Administrative Order 5193] Minnesota 96S Beltrami____ » ____$50,000 ministrator of the Rural Electrification Administration: A rkansas [SEAL] ANCHER NELSEN, Administrator. Loan designation: Amount LOAN ANNOUNCEMENT Illinois 18AN P ike.______$520,000 [F. R. Doc. 55-9881; Piled, Dec. 7, 1955; N ovember 8,1955. 8:52 a. m.] [ seal] R obert T . B eall, Pursuant to the provisions of the Acting Administrator. Rural Electrification Act of 1936, as amended, a loan contract bearing the ] Administrative Order 5197] [P. R. Doc. 55-9874; Filed, Dec. 7, 1955; following designation has been signed on 8:51 a. m.] behalf of the Government acting G eorgia through the Administrator of the Rural LOAN ANNOUNCEMENT Electrification Administration: N ovember 14, 1955. [Administrative Order 5190] Loan designation: Amount Pursuant to the provisions of the Rural Arkansas 22R Clay______$320,000 Electrification Act of 1936, as amended, W y o m in g [ seal] R obert T . B eall, a loan contract bearing the following LOAN ANNOUNCEMENT Acting Administrator. designation has been signed on behalf of the Government acting through the Ad­ [P. R. Doc. 55-9878; Piled, Dec. 7, 1955; N ovember 7,1955. 8:51 a. m.] ministrator of the Rural Electrification. Pursuant to the provisions of the Rural Administration: Electrification Act of 1936, as amended, Loan designation: Amount a loan contract bearing the following Georgia 22X Colquitt______$335,000 designation has been signed on behalf [Administrative Order 5194] of the Government acting through the [ seal] F red H. S trong, Acting Administrator. Administrator of the Rural Electrifica­ S o u th C ar o lin a tion Administration: [F. R. Doc. 55-9882; Piled, Dec. 7, 1955; LOAN ANNOUNCEMENT 8:52 a. m.] Loan designation: Amount Wyoming 5L Big Horn______$320,000 N ovember 8,1955. Pursuant to the provisions of the [Administrative Order 5198] [ seal] R obert T . B e all, Rural Electrification Act of 1936, as Acting Administrator. amended, a loan contract bearing the T exas following designation has been signed on [P. R. Doc. 55-9875; Piled, Dec. 7, 1955; LOAN ANNOUNCEMENT 8:51 a. m.] "behalf of the Government acting through the Administrator of the Rural Electrifi­ / N ovember 14, 1955. cation Administration: Pursuant to the provisions of the Rural Loan designation: Amount Electrification Act of 1936, as amended, a [Administrative Order 5191] South Carolina 31V Horry______$320,000 loan contract bearing the following des­ ignation has been signed on behalf of the T exas [ seal] R obert T . B e a ll, Government acting through the Admin­ Acting Administrator. LOAN ANNOUNCEMENT istrator of the Rural Electrification [P. R. Doc. 55-9879; Piled, Dec. 7, 1955; Administration : 8:52 a. m.] N ovember 8,1955. Loan designation: Amount Pursuant to the provisions of the Rural Texas 59U Lam b_„______$399,000 Electrification Act of 1936, as amended, [ seal] F red H. Strong, a loan contract bearing the following [Administrative Order 5195] Acting Administrator. designation has been signed on behalf [P. R. Doc. 55-9883; Piled, Dec. 7, 1955; of the Government acting through the K e n t u c k y 8:52 a.m .] Administrator of the Rural Electrifica­ LOAN ANNOUNCEMENT tion Administration: N ovember 10, 1955. Loan designation:. Amount Pursuant to the provisions of the Rural [Administrative Order 5199] Texas H I T Austin ______$400, 000 Electrification Act of 1936, as amended, N e w M exico a loan contract bearing the following [ seal] R obert T . B eall, LOAN ANNOUNCEMENT Acting Administrator. designation has been signed on behalf of the Government acting through the N ovember 14, 1955. [P. R. Doc. 55-9876; Piled, Dec. 7, 1955; Administrator of the Rural Electrifica­ Pursuant to the provisions of the Rural 8:51 a. m.] tion Administration: Electrification Act of 1936, as amended, 9037 Thursday, December 8, 1955 FEDERAL REGISTER a loan contract bearing the following amended, a loan contract bearing the of $1,000,000 to read “ Oklahoma 35G Haskell” in the amount of $767,366.71 designation has been signed on behalf of following designation has been signed the Government acting through the Ad­ on behalf of the Government acting and “Arkansas 32TP3 Benton (Okla­ ministrator of the Rural Electrification through the Administrator of the Rural homa 35G Haskell)” in the amount of Administration: Électrification Administration: $232,633.29. Loan designation: Amount Loan designation: Amount [ seal] F red H. S trong, New Mexico 8AA Roosevelt------$100,000 Georgia 92S Brantley------$100,000 Acting Administrator. [ seal] F red H. S trong, [SEAL] ANCHER NELSEN, [F. R. Doc. 55-9890; Filed, Dec. 7, 1955; Acting Administrator. Administrator. 8:53 a. m.] [P. R. Doc. 55-9884; Filed, Dec. 7,. 1955; (F. R. Doc. 55-9887; Filed, Dec. 7, 1955; 8:52 a. m.] 8:52 a. m.] [Administrative Order 5206]

A laska [Administrative Order 5200] [Administrative Order 5203] LOAN ANNOUNCEMENT C olorado N orth D akota amendments to administrative order N ovember 23, 1955. LOAN ANNOUNCEMENT Pursuant to the provisions of the N ovember 15,1955. N ovember 18, 1955. Rural Electrification Act of 1936, as Inasmuch as Southeast Colorado Pursuant to the provisions of the Rural amended, a loan contract bearing the Power Association has transferred cer­ following designation has been signed Electrification Act of 1936, as amended, tain of its properties and assets to San on behalf of the Government acting a loan contract bearing the following Isabel Electric Association, Inc., and through the Administrator of the Rural designation has been signed on behalf of San Isabel Electric Association, Inc., has Electrification Administration: assumed in part the indebtedness to the Government acting through the Ad­ Loan designation: Amount United States of America, of Southeast ministrator of the Rural Electrification Alaska 13A Kotzebue------$312,000 Colorado Power Association, arising out Administration : of loans made by United States of Loan designation: Am ount [ seal] F red H. S trong, America pursuant to the Rural Electrifi­ North Dakota 37G McLean------$90,000 Acting Administrator. cation Act of 1936, as amended, I hereby [SEAL] ANCHER NELSEN, amend: [F. R. Doc. 55-9891; Filed, Dec. 7, 1955; (a) Administrative Order No. 2928, Administrator. 8:53 a. m.] dated September 7, 1950, by changing [F. R. Doc. 55-9888; Filed, Dec. 7, 1955; the project designation appearing there­ 8:53 a. m.] in as “Colorado 17R Prowers” in the [Administrative Order 5207] amount of $3,332,000 to read “ Colorado 17R Prowers” in the amount of $2,489,- T exas 000 and ‘'Colorado 25TP2 Pueblo (Colo­ [Administrative Order 5204] rado 17R Prowers)” in the amount of lo a n announcement S ou th D akota $843,000. N ovember 25, 1955, [seal] F red H. S trong, AMENDMENT TO ADMINISTRATIVE ORDER Pursuant to the provisions of the Acting Administrator. N ovember 18,1955. Rural Electrification Act of 1936, as amended, a loan contract bearing the [P. R. Doc. 55-9885; Filed, Dec. 7, 1955; I hereby amend: 8:52 a. m.] following designation has been signed on (a) Administrative Order No. 627, behalf of the Government acting dated October 8, 1941, by rescinding the through the Administrator of the Rural allocation of $16,000 therein made for Electrification Administration: “ South Dakota 2013S1 Custer.” (Administrative Order 5201] Loan designation: Amount [ seal] A ncher N elsen, Texas IIP Kaufman______: $155,000 A laska Administrator. LOAN ANNOUNCEMENT [ seal] F red H. S trong, [F. R. Doc. 55-9889; Filed, Dec. 7, 1955; Acting Administrator. N ovember 17, 1955. 8:53 a. m.] Pursuant to the provisions of the Rural [F. R. Doc. 55-9892; Filed, Dec. 7, 1955; 8:53 a. m.] Electrification Act of 1936, as amended, a loan contract bearing the following designation has been signed on behalf of [Administrative Order 5205] the Government acting through the Ad­ O k lah o m a [Administrative Order 5208] ministrator of the Rural Electrification Administration: AMENDMENTS TO ADMINISTRATIVE ORDER T exas

loan designation: Amount N ovember 22,1955. lo a n announcement Alaska 5H Kenai______$175,000 Inasmuch as Cookson Hill’s Electric N ovember 25, 1955. tSEAL] ANCHER NELSEN, Cooperative, Inc. has transferred certain Pursuant to the provisions of the Rural Administrator. of its properties and assets to Kamo Electrification Act of 1936, as amended, [P. R. Doc. 55-9886; Filed, Dec. 7, 1955; Electric Cooperative, Inc., and Kamo a loan contract bearing the following 8:52 a. m.] Electric Cooperative, Inc., has assumed in designation has been signed on behalf part the indebtedness to United States of of the Government acting through the America, of Cookson Hill’s Electric Co­ Administrator of the Rural Electrifica­ operative, Inc., arising out of loans made tion Administration: [Administrative Order 5202] by United States of America pursuant to the Rural Electrification Act of 1936, as Loan designation: Amount G eorgia Texas 40W Bowie______$1,000,000 amended, I hereby amend: loan announcement (a) Administrative Order No. 2659, [ seal] F red H. S trong, N ovember 18, 1955. dated May 10,1950, by changing the proj­ Acting Administrator. Pursuant to the provisions of the ect designation appearing therein as [F. R. Doc. 55-9893; Filed, Dec. 7, 1955; «ural Electrification Act of 1936, as “ Oklahoma 35G Haskell” in the amount 8:53 a. m.J 9038 NOTICES

{Administrative Order 5209] [Administrative Order 8211] [Administrative Order 5213] T exas M isso u r i L o u is ia n a LOAN ANNOUNCEMENT lo a n announcement LOAN ANNOUNCEMENT N ovember 25, 1955. N ovember 29, 1955. N ovember 30, 1955. Pursuant to the provisions of the Rural Pursuant to the provisions of the Pursuant to the provisions of the Electrification Act of 1936, as amended, Rural Electrification Act of 1936, as Rural Electrification Act of 1936, as a loan contract bearing the following amended, a loan contract bearing the amended, a loan contract bearing the designation has been signed on behalf following designation has been signed on following designation has been signed of the Government acting through the behalf of the Government acting on behalf of the Government acting Administrator of the Rural Electrifica­ through the Administrator of the Rural through the Administrator of the Rural tion Administration: Electrification Administration: Electrification Administration: Loan designation: Amount Loan designation: Amount Loan designation: Amount Texas 48S Hidalgo. ______$548,000 Missouri 30AP Lawrence___,1_____$20,000 Louisiana 6M St. Mary______$160,000 [ se al] F red H. S trong, [ seal] J. K . O ’S h a u g h n e ssy , [ seal] J. K. O’S haughnessy, Acting Administrator. Acting Administrator. Acting Administrator. [P. R. Doc. 55-9894; Plied, Dec. 7, 1955; [P. R. Doc. 55-9896; Plied, Dec. 7, 1955; [F. R. Doc. 55-9898; Filed, Dec. 7, 1955; 8:53 a. m.] 8:53 a. m.] 8:54 a. m.]

[Administrative Order 5210] [Administrative Order 5212] [Administrative Order 5214] in n eso ta M K e n t u c k y W is c o n s in LOAN ANNOUNCEMENT LOAN ANNOUNCEMENT LOAN ANNOUNCEMENT N ovember 25, 1955. N ovember 30, 1955. N ovember 36, 1955. Pursuant to the provisions of the Pursuant to the provisions of the Pursuant to the provisions of the Rural Electrification Act of 1936, as Rural Electrification Act of 1936, as Rural Electrification Act of 1936, as amended, a loan contract bearing the amended, a loan contract bearing the amended, a loan contract bearing the following designation has been signed on following designation has been signed on following designation has been signed on behalf of the Government acting through behalf of the Government acting behalf of the Government acting through the Administrator of the Rural Electri­ through the Administrator of the Rural the Administrator of the Rural Electri­ fication Administration: Electrification Administration: fication Administration: Loan designation: Amount Loan designation: Am ount Loan designation: Amount Minnesota 65P Dakota______$780,000 Kentucky 52W Fleming $495,000 Wisconsin 58T Price ______$50,000 [ seal] E red H . S trong, [ seal] j . k . O ’S h au g h n e ssy, [ seal] J. K. O ’S haughnessy, Acting Administrator. Acting Administrator. Acting Administrator. {P. R. Doc. 55-9895; Piled, Dec. *1, 1955; [P. R. Doc. 55-9897; Filed, Dec. 7, 1955; 8:53 a. m.] [F. R. Doc. 65-9899; FUed, Dec. 7, 1955; 8:53 a. m.] 8:54 a. m.l