^ O N A L ^

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VOLUME 18 19 3 4 c?y NUMBER 205 v< O/ , v it ED ^ Washington, Tuesday, October 20, 1953

TITLE 6— AGRICULTURAL CREDIT (c) The wool must be covered by the CONTENTS following documents, as applicable: Chapter IV— Production and Market­ (1) If the wool is delivered to a han­ Agriculture Department Page ing Administration and Commodity dler by a grower, Producer’s Designation See Animal Industry Bureau ; Credit Corporation, Department of of Handler, in a form prescribed or ap­ Commodity Credit Corpora­ proved by CCC and signed by the grower, tion ; Production and Marketing Agriculture to act as the grower’s representative in Administration. Subchapter C— Loans, Purchases, and Other commingling the grower’s wool with wool Animal Industry Bureau Operations delivered by other growers, in pledging Proposed rule making: [Amdt. 1] such wool as security for loans, in re­ demption of such wool from loans, and Meat inspection; miscellaneous P art 672—W ool amendments______1------6645 in receiving and distributing proceeds. Rules and regulations: Subpart—1953 W ool Price Support Such documents shall include a state­ Vesicular exanthema; designa­ P rogram (Shorn W ool) ment by the grower that the wool cov­ tion of areas in which swine ered thereby was shorn during the cal­ MISCELLANEOUS AMENDMENTS endar year 1953, that he owned the sheep are affected______1----- 6644 The regulations issued by Commodity or lambs from which such wool was Army Department Credit Corporation and the Production shorn, and that title and beneficial in­ Rules and regulations: and Marketing Administration, contain­ terest hi such wool are and always have Reserve Officers’ T r a i n i n g ing requirements of the 1953 Wool Price been in him since the wool was shorn, Corps; miscellaneous amend­ Support Program (Shorn Wool) and and that such wool is free and clear of ments, correction______6645 published in 18 F. R. 2914, are hereby liens and encumbrances except those in Commodity Credit Corporation amended as follows : favor of lienholders listed in the docu­ Rules and regulations: 1. Section 672.402 is amended to read ments and who have signed a lien­ Wool, shorn, price support pro­ as follows: holder’s waiver in form prescribed or gram, 1953 ; miscellaneous approved by CCC. The handler shall ob­ amendments______6641 § 672.402 Eligible persons. Loans will tain such a document from each grower be made by CCC to approved handlers delivering to the handler wool which Defense Department for the benefit of growers who have title may be pledged as security for advance See Army Department. and beneficial interest in the wool and or nonrecourse loans, except that if the Federal Communications Com­ for the benefit of cooperative marketing wool was placed in a pool the document mission associations, as defined in § 672.426 (a), shall comply with subparagraphs (4) Rules and regulations: whose grower-members have beneficial and (5) of this paragraph. An authori­ Radio broadcast services; edi­ interest in the wool. A grower, also re­ zation by a grower to borrow from, and torial changes______6645 ferred to in this subpart as a producer, is to pledge wool to, CCC pursuant to this a person who, at the time of shearing, subpart, will be construed as an author­ Federal Power Commission owns the sheep or lambs as well as the ization to borrow from, and to pledge Notices: wool shorn therefrom. wool to, either CCC or a bank having a Hearings, etc.: lending agency agreement with CCC. Atlantic Seaboard Corp. and 2. In § 672.403, paragraphs (a), (b), Virginia Gas Transmis­ and (c) are amended to read as follows’: (2) If the wool is delivered to the handler by a cooperative marketing as­ sion Corp------6650 (a) The wool must be shorn from sociation, as defined in § 672.426 (a), Central Kentucky Natural sheep or lambs in the continental Cooperative Marketing Association’s Gas Co______- 6651 United States or Territories during the Designation of Handler, in a form pre­ Colorado Interstate Gas Co__ 6654 calendar year 1953, except as stated in scribed or approved by CCC and signed Commonwealth Natural Gas the proviso under paragraph (b) of this by the association, to act as the associa­ Corp______6651 section. tion’s representative in commingling the El Paso Natural Gas Co------6653 (b) The wool must be received by the association’s wool with wool delivered by Iowa-Illinois Gas and Electric handler from the grower thereof or from others pursuant to this subpart, in pledg­ Co. (2 documents)___ 6649,6650 a pool of such growers and, in either ing such wool as security for loans, in Natural Gas Pipeline Co. of event, the grower must at all times have redemption of such wool from loans, and America et al------6650 had title and beneficial interest in the in receiving and distributing proceeds. Nevada Natural Gas Pipe wool: Provided, That wool, shorn dur­ In addition, certifications by each grower- lin e Co______6652 ing the calendar years 1951 and 1953, in member with reference to the wool which Roanoke Pipe Line Co______6652 which beneficial interest is, and always San Diego Gas & Electric Co_ 6652 he produced in accordance with § 672.403 Texas Eastern Transmission has been, in the grower though title to (c) (7) shall be on file either with the the wool was transferred from the grower Corp______6649 to a cooperative marketing association, association or with the handler. The Texas Gas Transmission as defined in § 672.426 (a), of which he handler shall obtain a Cooperative Mar­ Corp______-______6650 is a member, is also eligible. keting Association’s Designation of han- United Fuel Gas Co------6650 (Continued on next page) 6641 6642 RULES AND REGULATIONS

CONTENTS— Continued CODIFICATION GUIDE— Con. Federal Power Commission— PaS® Title 32 Page FEDERAL^REGISTER Continued Chapter V : 1934 V,i/NITEO’ Notices—Continued Part 562—______6645 Hearings, etc.—Continued Title 36 United Gas Pipe Line Co. (2 Chapter I: Published daily, except Sundays, Mondays, documents) ______6653, 6654 Part 2______■______6645 and days following official Federal holidays, Washington Gas Light Co. by the Federal Register Division, National and Potomac Gas Co_____ 6653 Title 47 Archives and Records Service, General Serv­ Chapter I: ices Administration, pursuant to the au­ Interior Department Part 3______?______6645 thority contained in the Federal Register See National Park Service. Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U. S. C., ch, 8B), under regula­ Interstate Commerce Commis­ dler from each cooperative marketing tions prescribed by the Administrative Com­ sion association delivering to the handler mittee of the Federal Register, approved by the President. Distribution is made only by Notices: wool which may be pledged as security the Superintendent of Documents, Govern­ Organizations and functions; for advance or nonrecourse loans, except ment Printing Office, Washington 25, D. C. Bureau of Accounts and Cost that if the wool was placed in a pool the The regulatory material appearing herein Finding______6649 document shall comply with subpara­ is keyed to the Code of Federal Regulations, graphs (4) and (5) of this paragraph. which is published, under 50 titles, pursuant National Park Service (3) In the case of a cooperative mar­ to section 11 of the Federal Register Act, as Rules and regulations: keting association as defined in § 672.426 amended June 19, 1937. National recreation areas; reck­ (a) which is itself a handler, certifica­ The F ederal R egister will be furnished by less driving—______6645 mail to subscribers, free of postage, for $1.50 tions by each grower-member with refer­ per month or $15.00 per year, payable in Production and Marketing Ad­ ence to the wool which he produced, in advance. The charge for individual copies ministration accordance with § 672.403 (c) (7). (minimum 15tf) varies in proportion to the Rules and regulations: (4) Producer’s Designation of Pool size of the issue. Remit check or money Lemons grown in California Manager, in a form prescribed or ap­ order, made payable to the Superintendent proved by CCC and signed by the grower of Documents, directly to the Government and Arizona; limitation of Printing Office, Washington 25, D. C. shipments______« 6643 to act as the grower’s representative in There are no restrictions on the republica­ a wool pool by delivering his and other tion of material appearing in the F ederal Securities and Exchange Com­ growers’ wool to the handler, by au­ R egister. mission thorizing the handler to commingle and Notices : pledge such wool as security for loans Hearings, etc.: and to exercise the power of redemption, Cleveland-Cliffs Iron Co. and and by receiving proceeds from the CFR SUPPLEMENTS Cliffs Power and Light Co_ 6655 handler and distributing them to the United Gas .Corp. and United grower-members of the pool. This docu­ (For use during 1953) Gas Pipe Line Co______6654 ment shall include the same statements Proposed rule making: by the grower with respect to production The following Supplement is now Solicitation of proxies______6646 of wool, title and beneficial interest available: Rules and regulations: therein, and liens and encumbrances as Securities Exchange Act, 1934: are required in subparagraph'(1) of this Title 14: Parts 1—399 (Revised Forms prescribed under, fo r . paragraph. The handler shall obtain annual and other reports of from the pool manager a separate desig­ Book) ($6.00) issuers having securities nation for each grower who contributed registered on national se­ wool to the accumulation delivered by Previously announced: Title 3 ($1.75); curities exchanges; rescis- the pool manager, which may be pledged Titles 4-5 ($0.55); Title 6 ($1.50); Title 7: sion of form______6645 as security for an advance or nonre­ Parts 1-209 ($1.75), Parts 210-899 Quarterly reports______6644 course loan. An authorization by a ($2.25), Part 900—end (Revised Book) grower to borrow from, and to pledge ($6.00); Title 8 (Revised Book) ($1.75); wool to, CCC pursuant to this subpart Title 9 ($0.40); Titles 10-13 ($0.40); CODIFICATION GUIDE will be construed as an authorization Title 14: Part 400—end (Revised Book) A numerical list of the parts of the Code to borrow from, and to pledge wool to, ($3.75); Title 15 ($0.75); Title 16 ($0.65); of Federal Regulations affected by documents either CCC or a bank having a lending Title 17 ($0.35); Title 18 ($0.35); Title published in this issue. Proposed rules, as agency agreement with CCC. 19 ($0.45); Title 20 ($0.60); Title 21 opposed to final actions, are identified as (5) Pool Manager’s Designation of such. ($1.25); Titles 22-23 ($0.65); Title 24 Handler to act as representative of ($0.65); Title 25 ($0.40); Title 26: Parts Title 6 Pag® grower-members of the pool in com­ 80-169 ($0.40), Parts 170-182 ($0.65), Chapter IV: mingling wool received from such pool Parts 183-299 ($1.75); Title 26: Part together with wool owned by other Part 672______6641 growers, in pledging such commingled 300-end, Title 27 ($0.60); Titles 28-29 Title 7 wool as security for loans, in redemption ($1.00); Titles 30-31 ($0.65); Title 32: Chapter IX: of such wool from loans, and in receiving Parts 1-699 ($0.75), Part 700-end Part 953______6643 proceeds and distributing them to the ($0.75); Title 33 ($0.70); Titles 35-37 pool manager. The handler shall obtain ($0.55); Title 38 ($1.50); Title 39 ($1.00); Title 9 a separate designation from the pool Titles 40-42 ($0.45); Title 43 ($1.50); Chapter I: manager for each accumulation of wool Titles 44—45 ($0.60); Title 46: Parts Part 14 (proposed)______6645 Part 16 (proposed)______6645 delivered by him which may be pledged 1—145 (Revised Book) ($5.00), Part 146- as security for an advance or nonrecourse end ($2.00); Titles 47-48 ($2.00); Title Part 17 (proposed)______6645 Part 18 (proposed)______6645 loan. An authorization by a pool man­ 49: Parts 1-70 ($0.50), Parts 71-90 ager to borrow from, and to pledge wool ($0.45), Parts 91-164 ($0.40), Part 165- Part 24 (proposed)______6645 end ($0.55); Title 50 ($0.45) Part 28 (proposed)______6645 to, CCC pursuant to this subpart will be Part 76______6644 construed as an authorization to borrow Order from Title 17 from, and to pledge wool to, CCC or a Superintendent of Documents, Government Chapter H: bank having a lending agency agreement Printing Office, Washington 25, D. C. Part 240______6644 with CCC. Proposed rules______6646 (6) Proof of authority given by a Part 249___ 6645 grower-member to his cooperative mar- Tuesday, October 20, 1953 FEDERAL REGISTER 6643 keting association to obtain a loan from, 5. Section 672.415 (c) is amended by ceived from each grower,” when the and pledge wool to, a handler, and in a change of the period at the end thereof handler receives graded wool from a cases where the members of a pool are to a colon and the addition of the fol­ cooperative marketing association, and also members of a cooperative market­ lowing: “Provided, That a cooperative in the phrase “after the date of the ing association, proof of authority given marketing association as defined in grower’s or pool manager’s authoriza­ by the pool manager to the association § 672.426 (a) will, in lieu of using an tion;” and in §§ 672.415 (e), 672.415 (h), to obtain a loan from, and pledge wool Account of Loan Settlement for each 672.416, 672.417, 672.419, and 672.422 (c) ; to, a handler. Proof of such authority grower-member, certify to CCC, in a (b) The grower-member of such an shall be maintained in form of copies form prescribed or approved by CCC, association in § 672.415 (a) in the phrase of charters, by-laws, marketing agree­ as to the aggregate quantity of wool “The aggregate quantity of wool re­ ments, or other documents. CCC re­ received from each grower-member or ceived from each grower,” when the serves the right to require additional pool manager.” handler grades the wool received from proof as well as to issue forms and in­ 6. In the first sentence of § 672.417 (b), a cooperative marketing association; in structions on this subject. the words “or trust receipt” are cor­ §§ 672.411 (b) (1) (ii), 672.415 (b) and (7) Certifications by grower-members rected to read “on trust receipt”. (c); and in § 672.415 (i) in the phrase of cooperative marketing associations, in 7. Section 672.418 is amended by the “grower’s original shipping point;” cases where the association pledges wool addition of the following at the end (c) Both the cooperative marketing received from a grower-member as secu­ thereof: “If a pool is organized as a association and the grower-member rity for a loan, in form prescribed or cooperative marketing association, the thereof in the .last two sentences of approved by CCC, certifying that the provisions of this subpart dealing with § 672.404; in § 672.415 (i) in the phrase wool covered thereby was shorn in the such associations shall apply thereto and “reimbursing the grower;” in § 672;422 continental United States or Territories not the provisions dealing with pools.” (b ); and in § 672.424. during the calendar years 1951 or 1953 8. Section 672.419 (d) is amended by (Sec. 4, 62 Stat. 1070, as amended; 15 U. S. C. or both ; that the grower-member at the the addition of the following at the end Sup. 714b) time of shearing, owned the sheep or thereof : “A cooperative marketing asso­ lambs from which the wool was shorn ciation as defined in § 672.426 (a ), Issued this 1st day of October 1953. as well as the wool shorn therefrom; whether it is a handler or not, shall [seal] H oward H. Gordon, that he held the legal title to the wool distribute the overplus in accordance President, at least until the transfer of the legal with its charter, by-laws, and agree­ Commodity Credit Corporation. title to the association; that the bene­ ments with grower-members.” [P. R. Doc. 53-8909; Filed, Oct. 19, 1953; ficial interest in the wool is, and always 9. Sections 672.426 and 672.427 are 8:51 a. m.] has been, in him since the wool was added to read as follows: shorn; and that such wool is free and § 672.426 Definitions, (a) “Coopera­ clear of liens and encumbrances except tive marketing association” means an as­ TITLE 7— AGRICULTURE those in favor of lienholders listed in sociation of growers incorporated under his certification and who have signed a the laws of any State or territory to Chapter DC—-Production and Mar­ lienholder’s waiver in form prescribed or which grower-members transfer wool keting Administration (Marketing approved by CCC. produced by them (regardless of whether Agreements and Orders), Depart­ (8) Documentation of loan on 1951 legal title is transferred to the associa­ ment of Agriculture clip wool : If a cooperative marketing as­ tion) and which meets the following sociation, as defined in § 672.426 (a), ap­ conditions: (1) The major part of the [Lemon Reg. 506, Arndt. 11 plies for or obtains a loan secured by a wool marketed by the association is P art 953—Lemons G rown in California pledge of wool of the 1951 clip, and the produced by grower-members; (2) and Arizona documents in connection with that loan grower-members of the association meet the requirements of the 1952 Wool share proportionately in the proceeds LIMITATION OF SHIPMENTS Handler’s Agreement (Shorn Wool), from marketing according to the quan­ Findings. 1. Pursuant to the market­ CCC Wool Form 18 (4-23-52), as tity, grade, and quality of the wool they ing agreement, as amended, and Order amended, except for the provision deliver to the association, unless the No. 53, as amended (7 CFR Part 953), therein that the original grower must at grower-members agree with the associa­ regulating the handling of lemons all times have had title to the wool, CCC tion to share according to the quantity grown in the State of California or in the may deem those documents sufficient to alone, without regard to grade or qual­ State of Arizona, effective under the ap­ meet thè documentation requirements of ity; (3) the association has the legal plicable provisions of the Agricultural the 1953 Wool Handler’s Agreement right to pledge or mortgage the wool as Marketing Agreement Act of 1937, as (Shorn Wool), CCC Wool Form 18 (4- security for a loan and to sell the wool; amended, and upon the basis of the rec­ 8-53), as amended. and (4) wool of grower-members which ommendation and information sub­ 3. Section 672.405 (d) is amended by is eligible for a loan under this subpart mitted by the Lemon Administrative the insertion of the designation “(1)” is kept segregated from all other wool Committee, established under the said immediately after the heading "Distri­ handled by the association, and the as­ amended marketing agreement and or­ bution of proceeds” and by the addition, sociation maintains separate records for der, and upon other available informa­ at the end of paragraph (d), of the such segregated wool. The term “co­ tion, it is hereby found that the limita­ following: operative marketing association” does tion of the quantity of such lemons C2) A cooperative marketing associa­ not include an association which has a which may be handled, as hereinafter tion as defined in § 672.426 (a), whether membership composed, in whole or in provided, will tend to effectuate the de­ it is a handler or not, shall make distri­ part, of other associations. A coopera­ clared policy of the act. bution of the loan proceeds in accord­ tive marketing association may obtain a 2. It is hereby further found that it ance with its charter, by-laws, and its loan through a handler or may itself be is impracticable and contrary to the agreements with its grower-members. a handler. public interest to give preliminary no­ 4. Section 672.413 is amended by the § 672.427 Terms “grower” and “pro­ tice and engage in public rule making insertion of the letter “(a)” immediately ducer” as applicable to cooperative mar­ procedure, and postpone the effective after the heading, “Distribution of pro­ keting associations. With reference to date of this regulation until 30 days after loans applied for or obtained by a co­ publication thereof in the F ederal R eg­ ceeds of non-recourse loan” and by the operative marketing association as de­ addition, at the end of § 672.413, of the ister (60 Stat. 237; 5 U. S. C. 1001 et seq.) following: fined in § 672.426 (a), whether the because the time intervening between association is a handler or not, the word (b) a cooperative marketing associa­“grower” or “producer” shall mean: the date when information upon which, tion, as defined in § 672.426 (a), whether (a) The cooperative marketing asso­this statement is based became available it is a handler or not, shall make distri­ ciation in §§ 672.403 (f), 672.405 (d) (1), and the time when this amendment must bution of the loan proceeds in accord­ 672.406, 672.411 (b) (2), 672.413 (a), become effective in order to effectuate ance with its charter, by-laws, and 672.414; in § 672.415 (a) in the phrase the declared policy of the Agricultural agreements with its grower-members. “The aggregate quantity of wool re- Marketing Agreement Act of 1937, as 6644 RULES AND REGULATIONS amended, is Insufficient, and this amend­ That area in Atascosa County lying west ticable and contrary to the public inter- ment relieves restrictions on the han­ of State Highway No. 346 and north of State est.and good cause is found for making it Highway No. 173, and that area in Bell dling of lemons grown in the State of County lying north of U. S. Highway No. 190 effective less than 30 days after publica­ California or in the State of Arizona. and west of State Highways No. 36 and No. tion in the F ederal R egister. Order, as amended. The provisions 317, in Texas. (Secs. 4, 5, 23 Stat. 32, as amended, sec. 2, 32 in paragraph (b) (1) (ii) of § 953.613 Stat. 792, as amended, secs. 1, 3, 33 Stat. 1264, (Lemon Regulation 506, 18 P. ,R. 6447) Effective date. The foregoing amend­ as amended, 1265, as amended; 21 U. S. C. 120, are amended to read as follows: ment shall become effective upon issu­ 111, 123, 125. Interprets or applies sec. 7, (ii) District 2, 250 carloads. ance. 23 Stat. 32, as amended; 21 U. S. C. 117) Section 76.27 of S u b p a r t B, as (Sec. 5, 49 Stat. 753, as amended; 7 U. S. O. amended, Part 76, Title 9, Code of Fed­ Done at Washington, D. C., this 14th and Sup. 608c) eral Regulations (18 F. R. 3637), quaran­ day of October 1953. Done at Washington, D. C„ this 15th tines the arias so designated. [seal] M. R. Clarkson, day of October 1953. The amendment designates the follow­ Acting Administrator, ing as an area in which swine are affected [seal] S. R. Smith, Agricultural Research Administration. Director, Fruit and Vegetable with vesicular exanthema in addition to [F. R. Doc. 53-8898; Filed, Oct. 19, 1953; Branch, Production and Mar­ the areas heretofore designated: 8:48 a. m.] keting Administration. Brownstown and Huron Townships, in Wayne County, in Michigan. [F. R. Doc. 63-8910; Piled, Oct, 19, 1953; 8:52 a. m.] Hereafter, the restrictions pertaining to TITLE 17— COMMODITY AND the interstate movement of swine and SECURITIES EXCHANGES carcasses, parts and offal of swine from TITLE 9— ANIMALS AND or through quarantined areas contained Chapter II— Securities and Exchange ANIMAL PRODUCTS in 9 CFR, Part 76, Subpart B, as amended Commission (18 F. R. 3636, as amended), apply to P art 240—General R ules and R egula­ Chapter I— Bureau of Animal Indus­ this area. The amendment excludes from the tions U nder the S ecurities Exchange try, Department of Agriculture Act of 1934 areas heretofore designated as areas in Subchapter C— Interstate Transportation of which swine are affected with vesicular QUARTERLY REPORTS Animals and Poultry exanthema: On August 6, 1953, the Securities and [B. A. I. Order 383, Revised, Amdt. 9] That area in Walton and Holmes Counties Exchange Commission invited all inter­ P art 76—H og Cholera, S wine Plague, beginning at the intersection of the Ala­ ested persons to submit their views and and Other Communicable S wine bama State line and Florida State Highway comments in regard to a proposal to No. 83, thence south on State Highway No. 83 D iseases rescind Form 9-K (17 CFR 249.309), the to intersection of State Highway No. 183A, form for quarterly reports of gross sales S ubpart B—Vesicular Exanthema thence approximately four miles on State Highway No. 183A to intersection of graded and operating revenues, and Rules DESIGNATION OF AREAS IN WHICH SWINE ARE county road running east of the Town of X-13A-13 and X-15EM3 (§§ 240.13a-13 AFFECTED WITH VESICULAR EXANTHEMA Union, thence east on such graded road and 240.15d-13), the rules relating to the through the Town of Union to State High­ filing of such reports, under the Securi­ Pursuant to the authority conferred way No. 81, thence north on State Highway ties Exchange Act of 1934. upon the Administrator of the Agricul­ No. 81 to the Alabama State line, thence This action was proposed in connec­ tural Research Administration by § 76.27 west along such line to point of beginning, tion with a review by the Commission of of Subpart B, as amended, Part 76, Title in Florida. its activities, procedures and require­ 9, Code of Federal Regulations (18 F. R. The Administrator of the Agricultural ments to determine the extent to which 3637), § 76.27a of said Subpart B (18 Research Administration has deter­ these may be eliminated, revised or modi­ F. R. 3829, as amended) is hereby mined that swine in this area are no fied without a material adverse effect amended to read as follows: longer affected with the disease, and that upon the public interest. § 76.27a Designation of areas in which the quarantine of such area is no longer The Commission has now considered swine are affected with vesicular exan­ required to prevent the dissemination all of the comments and data submitted thema. The following areas are hereby thereof. Accordingly, this area is no in regard to the above mentioned pro­ designated as areas in which swine are longer quarantined under said § 76.27, posal and has determined that the above- affected with vesicular exanthema: and the restrictions pertaining to the mentioned form and rules should be The State of California; interstate movement of swine and car­ rescinded. The Town of Manchester in Hartford casses, parts and offal of swine from or Statutory authority. This action is County, in Connecticut; through quarantined areas contained in taken pursuant to the Securities Ex­ Androscoggin, Cumberland, K e n n e b e c , 9 CFR, Part 76, Subpart B, as amended change Act of 1934, particularly sections Somerset, and York Counties, in Maine; (18 F. R. 3636, as amended), no longer 13 and 23 (a) thereof, the Commission That area consisting of Hampden, Wor­ apply to such area. However, the re­ deeming such action necessary and ap­ cester, Middlesex, Essex, Suffolk, Norfolk, strictions pertaining to such movement Bristol, and Plymouth Counties, in Massa­ propriate in the public interest and for chusetts; from non-quarantined areas contained the protection of investors and necessary Brownstown, and Huron Townships, in in said Subpart B, as amended, apply to carry out its functions under the act. Wayne County, in Michigan; thereto. Since this action relieves a restriction, Bergen, Hudson, Hunterdon, and Morris The effect of the amendment is to im­ it may be made effective immediately Counties, that area consisting of Union, Mid­ pose certain further restrictions neces­ upon publication. Accordingly, Form dlesex, Monmouth, Ocean, Burlington, Cam­ sary to prevent the spreat of vesicular ex­ 9-K (17 CFR 249.309) and Rules X-13A- den, Gloucester, and Atlantic Counties, that anthema, a cotagious, infectious, and 13 and X-15D-13 (§§ 240.13a-13 and area in Lower Township in Cape May County lying east of U. S. Highway No. 9, and that communicable disease of swine, and to 240.15d-13) are rescinded, effective area in Dennis Township in Cape May County relieve certain restrictions presently im­ October 9, 1953. bounded by the Belleplain State Forest on posed. The amendment must be made (Sec. 23, 48 Stat. 901 as amended; 15 U. S. C. the south and east and State Highway No. effective immediately to accomplish its 78w. Interprets or applies sec. 13, 48 Stat. 550 on the north and west and State Highway purpose in the public interest and to be 894, 15 U. S. C. 78m) Spur No. 550 on the west, in New Jersey; of maximum benefit to persons subject By the Commission. Poughkeepsie T ow nship, in Dutchess to the restrictions which are relieved. County, and that area in Clarkstown Town­ Accordingly, under section 4 of the Ad­ [seal] O rval L. D uB ois, ship lying north of New York State Route ministrative Procedure Act (5 U. S. C. Secretary. No. 59, in Rockland County, in New York; 1003), it is found upon good cause that October 9, 1953. Bucks and Delaware Counties, in Pennsyl­ notice and other public procedure with [F. R . Doc. 53-8881; Filed, Oct. 19, 1953; vania; respect to the amendment are imprac­ 8:46 a. m.] Tuesday, October 20, 1953 FEDERAL REGISTER 6645

Part 249—F orms, S ecurities E xchange Commission’s rules and regulations to to June 30, 1953) of the Commission’s Act of 1934 effect certain editorial changes therein. rules and regulations are revised as set The Commission has under considera­ forth below: Subpart D —F orms for Annual and tion certain editorial changes in 1. The 14th line of § 3.165 (b) is Other R eports of Issuers Having S e­ §§ 3.165, 3.606 and 3.687 of its rules and changed to read: “specified in subpara­ curities R egistered on National Secu­ regulations in order to correct typo­ graphs (1) thru (4).” rities Exchanges graphical errors. 2. The channels assigned to Bingham­ RESCISSION OF FORM The amendments adopted herein are ton, New York in § 3.606 (b) are changed Section 249.309 Form 9-K, for quar­ editorial in nature, and, therefore, prior to: terly reports is rescinded effective Oc­ publication and notice of proposed rule 1 2 -, 40—, *46 + tober 9, 1953. ^making under the provisions of section 3. The subparagraph designator (fc>) in Orval L. D uB ois, *4"of the Administrative Procedure Act § 3.687 (i) is changed to (2). is unnecessary; and the amendments Secretary. (Sec. 4, 48 Stat. 1066 as amended; 47 TJ. S. C. October 9, 1953. may become effective immediately. 154. Interpret or apply sec. 303, 48 Stat. [F. R. Doc. 53-8882; Filed, Oct. 19, 1953; The amendments adopted herein are 1082, as amended, sec. 5, 66 Stat. 713; 47 8:46 a. m.] issued pursuant to authority contained U. S. C. 303; 155) in sections 4 (i), 5 (d) (1) and 303 (r) of the Communications Act of 1934, as Adopted: October 14, 1953. TITLE 32— NATIONAL DEFENSE amended, and paragraph F-6 of the Released: October 14, 1953. Commission’s Order Defining the Func­ Chapter V— Department of the Army tions and Establishing the .Organiza­ F ederal Communications Commission, Subchapter E— Organized Reserves tional Structure of the Office of the Secretary, dated February 14, 1952 as [seal] W m. P. Massing, Part 562—R eserve Officers’ T raining amended. Acting Secretary. CORPS' It is ordered, That, effective immedi­ [F. R. Doc. 53-8908; Filed, Oct. 19, 1953; miscellaneous amendments ately, §§ 3.165, 3.606 and 3.687 (Revised 8:51 a. m.] Correction In F. R. Doc. 53-8859, appearing at page 6635 of the issue for Saturday, October 17, 1953, the first paragraph should be changed to read as set forth PROPOSED RULE MAKING below and the reference to “(c)” in § 562.43 is deleted: Paragraph (a) of § 562.15 is revised, DEPARTMENT OF AGRICULTURE carcasses and product are so crushed or and §§ 562.29 (c) and 562.43 are re­ hashed, conveying systems, rendering voked as follows: Bureau of Animal Industry tanks, and other equipment used in the further handling of the crushed or [ 9 CFR Parts 14, 16, 17, 18, 24, 28 1 hashed material need not be locked or TITLE 36— PARKS, FORESTS, AND M eat Inspection R egulations sealed during the tanking operation. If the rendering tanks or other equipment MEMORIALS NOTICE OF PROPOSED AMENDMENTS contain condemned material not so Chapter I— National Park Service, Notice is hereby given in accordance crushed or hashed, the equipment shall Department of the Interior with the provisions of section 4 (a) of be sealed as prescribed in subparagraph the Administrative Procedure Act (5 (1) of this paragraph. If the crushed Part 2—G eneral R ules and R egulations, or hashed material is not rendered in National R ecreation Areas , U. S. C. 1003 (a) ) that the Secretary of Agriculture, pursuant to the authority the establishment where produced it RECKLESS DRIVING conferred upon him by the Meat In­ shall be denatured as provided for in Part 2 is amended by adding a new spection Act, as amended (21 U. S. C. 71- § 14.4. § 2.29; reading as follows: 91), and section 306 of the Tariff Act 2. Paragraph (a) of § 14.4 would be of 1930 (19 U. S. C. 1306), is considering amended to read: § 2.29 Reckless driving. The driving amending the Meat Inspection Regula­ of any vehicle upon a Government road tions (9 CFR Chapter I, Subchapter A, (a) Any carcass or product con­ or public use area in a National Recrea­ as amended), as follows: demned at an official establishment tion Area carelessly and heedlessly in 1. Paragraph (a) of § 14.1 would be which has no facilities for tanking shall willful or wanton disregard of the rights amended to read: be denatured with crude carbolic acid, or safety of others, or without due cau­ cresylic disinfectant, or other prescribed tion and at a speed or in a manner so as (a) Condemned carcasses and product agent, or be destroyed by incineration, to endanger or be likely to endanger any at official establishments having facili­ under the supervision of a Meat Inspec­ person or property is prohibited. ties for tanking shall be disposed.of by tion employee. When such carcass or (Sec. 3, 39 Stat. 535, as amended; 16 U. S. C. tanking as follows: product is not incinerated it shall be 3) (1) The lower opening of the tank slashed freely with a knife, before the shall first be sealed securely by a Meat denaturing agent is applied. Issued this 13th day of October 1953. Inspection employee, except when per­ Douglas M cK ay, manently connected with a blow line, 3. Paragraph (d) of § 16.13 would be Secretary of the Interior. then the condemned carcasses and prod­ amended to read: [F. R. Doc. 53-8906; Filed, Oct. 19, 1953; uct shall be placed in the tank in his (d) (1) When product is placed in cas­ 8:50 a. m.] presence, after which the upper opening ing to which artificial coloring is applied, shall also be sealed securely by such em­ as permitted under this subchapter, the ployee, who shall then see that the con­ article shall be legibly and conspicuously TITLE 47— TELECOMMUNI­ tents of the tank are subjected to suf­ marked by stamping or printing on the CATION ficient heating for sufficient time to ef­ casing or securely affixing to the article fectively destroy the contents for food the words “artificially colored.” Chapter I— Federal Communications purposes. (2) If the casing is removed from Commission (2) The use of equipment such as product at an official establishment and crushers or hashers for pre-tanking there is evidence of artificial coloring on Part 3—R adio B roadcast Services preparation of condemned carcasses and the surface of the product, the article product in the inedible products depart­ from which the casing has been removed EDITORIAL CHANGES ment has been found to give inedible shall be marked by stamping directly In the matter of amendment of character and appearance to the thereon or by securely affiixing thereto 38 3.165, 3.606 and 3.687 of Part 3 of the material. Accordingly, if condemned the printed words “artificially colored.” 6646 PROPOSED RULE MAKING

(3) The casing containing product butts, and pork loins, either by moist or mortadella; all forms of summer or dried need not be marked to show that it is dry heat, shall not result in the finished sausage, including mettwurst; cooked colored if it is colored prior to its use as cooked article weighing more than the loaves; roasted, baked, boiled, or cooked a covering for the product, and the color­ fresh uncured product; that is, the ham, pork shoulder, or pork shoulder pic­ ing is of a kind and so applied as not to weight of the finished cooked article plus nic; Italian-style ham; Westphalia- be transferable to the product and not to the weight of the skin, bones, fat, and style ham; smoked boneless pork shoul­ be misleading or deceptive with respect trimmings removed during the prepara­ der butts; cured meat rolls; capocollo to color, quality, or kind of product en­ tion shall not exceed the weight of the (capicola, capacola); coppa; fresh or closed therein. fresh uncured product. cured boneless pork shoulder butts, (4) In the case of sausage of the (55) Product labeled “chopped ham”, hams, loins, shoulders, picnics, and smaller varieties the marking prescribed “pressed ham”, “chopped ham with nat­ similar pork; cuts, in casings or other in this paragraph may be limited to ural juices”, and “pressed ham with containers in which ready-to-:eat deli­ links bearing the inspection legend. natural juices”, shall be prepared with catessen articles are customarily enclosed 4. Paragraph (b) of § 16.15 would be ham containing no more shank meat (excepting Scotch-style ham s); cured amended to read: than is normally present in the boneless boneless pork loin; boneless back bacon, (b) When any product prepared in an ham. The weight of the cured chopped smoked pork cuts such as hams, shoul­ official establishment for domestic com­ ham prior to canning shall not exceed ders, loins, and picnics (excepting merce has been inspected and passed the weight of the fresh uncured ham, smoked hams and smoked pork shoulder and is enclosed in a cloth wrapping, such exclusive of the bones and fat removed picnics which are specially prepared for wrapping may bear, in lieu of the do­ in the boning operations, plus the weight distribution in tropical climates, or mestic meat label, the inspection legend of the curing ingredients and 3 percent smoked hams delivered to the Armed and establishment number applied by moisture. Services). the approved 2 ^ -inch rubber brand: 8. Paragraph (b) of § 17.9 would be 12. Section 24.7 would be amended to Provided, The domestic meat label or amended to read: read: rubber brand may be omitted in those cases in which the inspection legend and (b) (1) When product is placed in § 24.7 Uninspected tallow, stearin, establishment number on the articles casing to which artificial coloring is ap­ oleo oil, etc.; not to be exported unless themselves are clearly legible through plied, as permitted under this subchap­ exporter certifies as inedible. No tallow, ter, there shall appear on the label, in a stearin, oleo oil, or the rendered fat de­ the wrapping or the wrapping is labeled prominent manner and contiguous to in accordance with Part 17 of this sub- rived from cattle, sheep, swine, or goats, the name of the product, the words that has not been inspected, passed, and chapter: Provided further, That plain “artificially colored”. unprinted wrappings such as stockin­ marked in compliance with the regula­ ettes, cheese cloth, paper and crinkled (2) If the casing is removed from tions in this subchapter shall be ex­ product at an official establishment and ported, unless the shipper files with the paper bags for properly marked fresh there is evidence of the artificial coloring meat, including carcasses, and primal collector of customs at the port from parts thereof, which are used solely to on the surface of the product, there shall which the export shipment is made a protect the product against soiling or appear on the label in a prominent man­ certificate by the exporter that such arti­ ner and contiguous to the name of the cle is inedible. excessive drying during transportation product, the words “artificially colored”. or storage need not bear the marks of 13. Paragraph (b) of § 28.2 would be inspection. (3) When the casing is colored prior to its use as a covering for product, the amended by adding the following sub- 5. Section 16.16 would be amended by color shall be of a kind and so applied paragraph: deleting paragraph (a) and amending as not to be transferable to the product (8) Beef fat. the section to read: and not to be misleading or deceptive Any person who wishes to submit writ­ § 16.16 Tank cars and tank trucks with respect to color, quality, or kind of ten data, views or arguments concerning of edible product. Each tank car and product enclosed therein, and no refer­ the proposed amendments may do so by each tank truck carrying inspected and ence to color need appear on the label. filing them with the Chief, Meat In­ passed product from an official establish­ 9. Paragraph (b) of § 18.7 would be spection, Bureau of Animal Industry, ment shall bear a label containing the amended to read: Agricultural Research Administration, true name of the product, the inspection United States Department of Agricul­ (b) There may be added to product, ture, Washington 25, D. C., within 15 legend, the establishment number, and with appropriate declaration as required the words “date of loading,” followed under Parts 16 and 17 of this subchapter, days after the date of publication of this notice in the F ederal R egister. by a suitable space for the insertion of common salt, approved sugars, wood the date. The label shall be located smoke, a vinegar, flavorings, spices, Done at Washington, D. C., this 15th conspicuously and shall be printed on day of October 1953. material of such character and so affixed sodium nitrate, sodium nitrite, potassium n itrate (saltpeter), and potassium [seal] T rue D. Morse, as to preclude detachment or effacement nitrite. upon exposure to the weather. Before Acting Secretary of Agriculture. the car or truck is removed from the 10. Section 18.7 (d) (9) would be [P. R. Doc. 53-8899; Piled, Oct. 19, 1953; place where it is unloaded, the carrier amended to read: 8:49 a. m.] shall remove or obliterate such label. (9) Monoisopropyl citrate not to ex­ 6. Section 17.8 (c) (37) would be ceed 1/100 of 1 percent. When used in amended to read: combination with other antioxidants, the SECURITIES AND EXCHANGE amount of monoisopropyl citrate shall COMMISSION (37) Product labeled “ham spread”, not exceed 5/1000 of 1 percent. “tongue spread”, and the like, shall con­ t 17 CFR Parf 240 1 tain not less than 50 percent of the 11. Paragraph (b) of § 18.10 would be meat ingredient named computed on the amended to read: S olicitation of P roxies weight of the fresh meat. Other meat NOTICE OF PROPOSED RULE MAKING and fat may be used to give the desired (b) Products containing pork muscle tissue (including hearts, pork stomachs Notice is hereby given that the Securi­ spreading consistency provided it does and pork livers), or the pork muscle tis­ ties and Exchange Commission has un­ not detract from the character of the sue which forms an ingredient of such der consideration amendments to its named spread. products, including those named in this proxy rules under the Securities Ex­ 7. Paragraph e of § 17.8 would be paragraph and products of the character change Act of 1934. The proposed amended by adding the following new thereof, are classed as articles which amendments are in the main limited to subparagraphs : shall be effectively heated, refrigerated, § 240.14ar-8 (Rule X-14A-8) which re­ or cured at a federally inspected estab­ lates to proposals which stockholders (54) The preparation of cooked cured lishment to destroy any possible live may request managements to include in product such as hams, pork shoulders, trichinae: Bologna; frankfurts; viennas; their proxy material for consideration pork shoulder picnics, pork shoulder smoked sausage: knoblauch sausage: by security holders and to Schedule 14A Tuesday, October 20, 1953 FEDERAL REGISTER 6647 which specifies the information which action by the security holders” would shall prima facie be deemed to have been must be included in proxy statements. be deleted. submitted a reasonable time before the The proposed amendments to Rule Under the present rules a proposal solicitation. This section shall not ap­ X-14A-8 would permit more time for must be repeated in the management’s . ply, however, to elections to office. managements to consider the propriety proxy material if it received 3 percent of (b) If the management opposes the of proposals submitted under the rule. the total number of votes cast at the last proposal, it shall also, at the request of They would also spell out somewhat annual or subsequent special meeting. the security holder, include in its proxy more specifically the types of proposals This has resulted in the repetition year statement the name and address of the which may be submitted under the rule after year of proposals which have security holder (or in lieu thereof a and would -permit the omission Jar a evoked very modest stockholder interest. statement that the name and address certain period of time of proposals which It is proposed to amend the rule to pro­ of the security holder will be furnished have not made substantial progress in vide that a proposal may be omitted for upon request) and a statement of the receiving security holder approval. a period of three years if it has been sub­ security holder in not more than 100 The proposed amendments to Sched­ mitted within the past five years and words in support of the proposal. The ule 14A were designed to state more pre­ received less than 3 percent in the case statement and request of the security cisely the nature of the information re­ of a single submission, less than 7 per­ holder shall be furnished to the manage­ quired to be furnished with respect to cent upon a second submission or less ment at the same time that the proposal the nominees and the management, than 10 percent upon a third or subse­ is furnished. Neither the management their remuneration and transactions quent submission during such five year nor the issuer shall be responsible for with the issuer. It would also limit period. such statement. somewhat the information required In order to relieve the management of (c) Notwithstanding the foregoing, when the selection of auditors is one the necessity of including in its proxy the management may omit a proposal of the items of business to be considered material security holder proposals which and any statement in support thereof at the meeting. relate to matters falling within the from its proxy statement and form of There follows below a more detailed province of the management, it is pro­ proxy under the following circum­ statement of the nature of the proposed posed to amend this rule so as to permit stances : amendments, together with the text the omission of any proposal which con­ (1 ) If the proposal as submitted is one thereof. sists of a recommendation or request upon which the security holder under the I. Sections 240.14a-3 and 240.14a-6 that the management take action with laws of the issuer’s domicile would not (Rules X-14A-3 and X-14A-6) : The respect to a matter relating to the con­ be entitled to have action taken at the Commission is currently considering the duct of the ordinary business operations meeting; or amendment of its annual reporting re­ of the issuer. (2) If it clearly appears that the pro­ quirements under the act to permit com­ Under the present rule where the posal is submitted by the security holder panies which solicit proxies under this management contests the propriety of primarily for the purpose of enforcing a regulation to substitute their proxy a security holder’s proposal, it is required personal claim or redressing a personal statements and annual reports to stock­ to furnish the Commission with a copy grievance against the issuer or its man­ holders in large part for the information of the proposal together with a state­ agement, or primarily for the purpose of now required to be included in their ment of the reasons why it believes the promoting general economic, political, annual reports to the Commission. In proposal may be omitted from its proxy racial, religious, social or similar causes; order to make available at the Commis­ material. This information must be or sion enough copies of such proxy state­ furnished not later than the date pre­ (3) If the management has at the se­ ments and annual reports for this liminary copies of the proxy material are curity holder’s request included a pro­ purpose, it is proposed to amend §§ 240.- filed with the Commission. So that the posal in its proxy statement and form of 14a-3 and 240.14a-6 to require the fur­ Commission will have more time to con­ proxy relating to either of the last two nishing to the Commission of four copies sider the problems involved in such cases annual meetings of security holders or of such material, instead of the three and the security holder will have an any special meeting held subsequent to copies now required. opportunity to consider the manage­ the earlier of such two annual meetings n . Rule X-14A-8 (§ 240.14a-8) : This ment’s position and take such action as and such security holder has failed with­ rule now provides that any stockholder may be appropriate, it is proposed to out good cause to present the proposal, proposal submitted with respect to an amend the rule to provide that a copy of in person or by proxy, for action at the annual meeting more than 30 days in the proposal and a statement of reasons meeting; or _ ’ advance of the corresponding date on for its omission must be furnished to the (4) If substantially the same proposal which proxy material was released for Commission and the security holder not, has previously been submitted to security the last annual meeting shall prima later than 20 days prior -to the date of holders, in the management’s proxy facie be deemed to have been submitted filing the management’s preliminary statement and form of proxy, within the within a reasonable time. In order to proxy material. past five years, it may be omitted from give the management more time to con­ The rule as so amended would read the management’s proxy material relat­ sider security holder proposals, the rule as follows: ing to any meeting of security holders held within three years after the latest would be amended to extend the period § 240.14a-8 Proposals of security from 30 days to 60 days. such previous submission: Provided, In order to discourage the use of this holders, (a) If any security holder en­ That: rule by persons who are motivated by a titled to vote at a meeting of security (i) If the proposal was submitted at desire for publicity rather than the in­ holders of the issuer shall submit to the only one meeting during such period, it terests of the company and its security management of the issuer a reasonable received less than 3 percent of the total holders, it is proposed to provide that time before the solicitation is made a number of votes cast in regard thereto; the management’s proxy material need proposal which is accompanied by notice or not contain the name and address of the of his intention to present the proposal (ii) If the proposal was submitted at security holder if it contains, in lieu for action at the «meeting, the manage­ only two meetings during such period it thereof, a statement that the name end ment shall set forth the proposal in its received at the time of its second sub­ address of the security holder will be proxy statement and shall identify the mission less than 7 percent of the total furnished upon request. proposal in its form of proxy and pro­ number of votes cast in regard thereto ; or The amended rule would provide that vide means by which security holders (iii) If the proposal was submitted at any security holder proposal may be can make the specification provided for three or more meetings during such omitted from the management’s proxy by § 240.14a-4 (b). A proposal so sub­ period, it received at the time of its latest material if it is one upon which the mitted with respect to an annual meet­ submission less than 10 percent of the security holder under the laws of the ing‘more than 60 days in advance of a total number of votes cast in regard issuer’s domicile would not be entitled day corresponding to the date on which thereto. to have action taken at the meeting. proxy soliciting material was released to (5) If the proposal consists of a rec­ The reference in the present rule to pro­ security holders in connection with the ommendation or request that the man­ posals which are “a proper subject for last annual, meeting of security holders agement take action with respect to a 6648 PROPOSED RULE MAKING matter relating to the conduct of the except the directors and officers of the ordinary business operations of the is­ issuer acting solely in that capacity, name (A) (B) (O) such other person or persons and describe suer. Name of briefly such arrangement or understanding. individual or Capacities in Aggregate (d) Whenever the management as­ identity of which remunera­ remuneration serts that a proposal and any statement IV. Item 7 of Schedule 14A: This item group tion was received in support thereof may properly be omit­ calls for information with respect to re­ ted from its proxy statement and form muneration and other transactions with of proxy, it shall file with the Commis­ management and other persons. Since sion, not later than 20 days prior to the the last revision of the item, certain in­ date the preliminary copies of the proxy terpretative and reporting difficulties statement and form of proxy are filed have arisen. It is proposed, therefore, pursuant to § 240.14a-6 (a), a copy of to amend the item with a view to the Instructions. 1. This item applies to any person who was a director or officer of the the proposal and any statement in sup­ elimination of these difficulties. issuer at any time during the period specified. port thereof as received from the security It is proposed to separate the require­ However, information need not be given for holder, together with a statement of the ments relating to pension and retirement any portion of the period during which such reasons why the management deems such benefits from those relating to other de­ person was not a director or officer of the omission to be proper in the particular ferred remuneration payments. This issuer. case. The management shall at the same should aid in distinguishing between the 2. The information is to be given on an time, if it has not already done so, notify two types of payments and would result accrual basis if practicable. The tables re­ the security holder submitting the pro­ in a simplification of the applicable in­ quired by this paragraph and paragraph (b) may be combined if the issuer so desires. posal of its intention to omit the pro­ structions. For the same reason it is also 3. Do not include remuneration paid to a posal from its proxy statement and form proposed to separate the requirements partnership in which any director or officer of proxy and shall forward to him a copy regarding disclosure with respect to op­ was a partner, but see paragraph (f) below. of the statement of the reasons why the tions from those with respect to other (b) Furnish the following information, in management deems the omission of the transactions with insiders. Also, a new substantially the tabular form indicated, as proposal to be proper. instruction would be added which would to all pension or retirement benefits proposed - III. Item 6 of Schedule 14A: This item permit the omission of information to be paid in the event of retirement at where the amount of options granted or normal retirement date, directly or indirectly calls for information with respect to the by the issuer or any of its subsidiaries to (i) nominees for election as directors of the exercised does not involve an aggregate each director or officer named in answer t6 issuer. It is proposed to amend the item purchase price in excess of $30,000. paragraph (a) (1), and (ii) all directors and to require information with respect to The instructions to the paragraph re­ officers of the issuer as a group: directors whose terms of office continue lating to indebtedness of insiders would be amended to provide that information beyond the date of the meeting. The (O) purpose of this requirement is to give to need not be given where the aggregate (A) (B) indebtedness of a particular person does Amount set aside security holders information with re­ Name of individ­ or accrued during Estimated annual not exceed $20,000 or 1 percent of the ual or identity benefits upon spect to the board of directors as a whole issuer’s last fiscal retirement as it will exist after the meeting. issuer’s total assets, whichever is less, of group year The text of the item would be revised at any time during the period specified. to read as follows: At present, indebtedness must be de­ scribed if it exceded $1,000 during the Item 6. Nominees and Directors, (a) If action is to be taken with respect to the period. election of directors, furnish the following It is proposed to limit the scope of the paragraph relating to transactions with information, in tabular form to the extent Instructions. 1. Column (B) need not be practicable, with respect to each person nom­ insiders by revising the instructions answered with respect to payments com­ inated for election as a director and each thereto to permit the omission of infor­ puted on an actuarial basis under any plan other person whose term of office as a direc­ mation in certain cases. The purpose which provides for fixed benefits in the event tor will continue after the meeting: of the revision is to make possible a more of retirement at a specified age or after a (1) Name each such person and state precise statement of the requirements specified number of years of'service. when his term of office will expire and all 2. The information called for by Column other positions and offices with the issuer relating to such transactions. The proposed item as so amended (C) may be given in a table showing the an­ held by him. nual benefits payable upon retirement to (2) State his present principal occupation would read as follows: persons in specified salary classifications. or employment and give the name and prin­ Item 7. Remuneration and other transac­ 3. In the case of any plan (other than cipal business of any corporation or other tions with management and others. Fur­ "those specified in instruction 1) where the organization in which such employment is nish the information called for by this item amount set aside each year depends upon the carried on. Furnish similar information as if action is to be taken with respect to (i) amount of earnings for such year or a prior to all of his principal occupations or employ­ the election of directors, (ii) any bonus, year, or where it is otherwise impracticable ments during the last five years, unless he is profit sharing or other remuneration plan, to state the estimated annual benefits upon now a director and was elected to his present contract or arrangement in which any direc­ retirement, there shall be set forth, in lieu term of office by a vote of security holders at tor, noipinee for election as a director, or of the information called for by Column (C), a meeting for which proxies were solicited officer of the issuer will participate, (iii) any the aggregate amount set aside or accrued to under this regulation. pension or retirement plan in which any date. (3) If he is or has previously been a direc­ such person will participate or (iv) the (c) Describe briefly all deferred payments tor of the issuer state the period or periods granting or extension to any such person for future consultation and all other deferred during which he has served as such. of any options, warrants or rights to pur­ remuneration payments (other than pension (4) State, as of the most recent practi­ chase any securities, other than warrants or retirement benefits) proposed to be made cable date, the approximate amount of each or rights issued to security holders, as such, directly or indirectly by the issuer of any of class of securities of the issuer or any of on a pro-rata basis. However, if the solici­ its subsidiaries to (i) each director or officer its parents or subsidiaries, other than direc­ tation is made on behalf of persons other named in answer to paragraph (a) (1), nam­ tors’ qualifying shares, beneficially owned than the management, the information re­ ing each such person, and (ii) all directors directly or indirectly by him. If he is not quired need be furnished only as to nomi­ and officers of the issuer as a group, without the beneficial owner of any such securities, nees for election as directors and as to their naming them. make a statement to that effect. associates. Instruction. Information need not be in­ (5) If more than 10 percent of any class (a) Furnish the following information included as to payments to be made for, or of securities of the issuer or any of its substantially the tabular form Indicated be­ benefits to be received from, group life or parents or subsidiaries are beneficially owned low as to all direct remuneration paid by accident insurance, group hospitalization or by him and his associates, state the approx­ the issuer and its subsidiaries during the similar group payments or benefits. imate amount of each class of such securities issuer’s last fiscal year to the following per­ (d) Furnish the following information as beneficially owned by such associates, nam­ sons for services in all capacities: to all options to purchase securities, from ing each associate whose holdings are sub­ (1) Each director, and each of the three the issuer or any of its subsidiaries, which stantial. highest paid officers, of the issuer whose were granted to or exercised by the following (b) If any nominee for election as a direc­aggregate remuneration exceeded $30,000, persons since the beginning of the issuer’s tor is proposed to be elected pursuant to naming each such person. last fiscal year: (i) Each director or officer any arrangement or understanding between (2) All directors and officers of the issuer named in answer to paragraph (a) (1)> the nominee and any other person or persons, as a group, without naming them. naming each such person; and (ii) all di- Tuesday, October 20, 1953 FEDERAL REGISTER 6649 (B) the transaction is in the ordinary course rectors and officers of the issuer as a group, for ordinary travel and expense advances and for other transactions in the ordinary of business of the issuer or its subsidiaries, without naming them: and (C) the amount of such transaction or (1) As to options granted, state (i) the course of business. (f) Describe briefly, and where practicableseries of transactions is less than 10 percent title and amount of securities called for; of the total sales or purchases, as the case (ii) the prices, expiration dates and other state the approximate amount of, any mate­ rial interest, direct or indirect, of any of the may be, of the issuer and its subsidiaries. material provisions; (iii) the consideration 6. Information shall be furnished under received for the granting thereof; and (iv) following persons in any material transac­ tions since the beginning of the issuer’s last this paragraph with respect to transactions the market value of the securities called for not excluded above which involve remunera­ on the granting date. fiscal year, or in any material proposed transactions, to which the issuer or any of tion, directly or indirectly, to any of the (2) As to options exercised, state (i) the specified persons for services in any capacity title and amount of securities purchased; its subsidiaries was or is to be a party: unless the interest of such persons arises (ii) the purchase price; and (iii) the mar­ (1) Any director or officer of the issuer; (2) Any nominee for election as a solely from the ownership individually and ket value of the securities purchased on the in the aggregate of less than 10 percent of date of purchase. director; any class of equity securities of another cor­ Instructions. The term “options” as used (3) Any security holder named in answer poration furnishing the services to the issuer in this paragraph (d) includes all options, to item 5 (d) ; or warrants or rights other than those issued (4) Any associate of any of the foregoing or its subsidiaries. to security holders as such on a pro rata persons. V. Item 8 of Schedule 14A: Where ac­ basis. . . . j Instructions. 1. See instruction 1 to para­ tion is to be taken at the meeting with 2. The extension of options shall he deemed graph (a). Include the name of each per­ respect to the selection of auditors, Item the granting of options within the meaning son whose interest in any transaction is 8 requires a brief description of any ma­ of this paragraph. described and the nature of the relationship 3. This item need not be answered (i) as by reason of which such interest is required terial relationship between such auditors to the granting of options to a person or to be described. Where it is not practicable or any of their associates and the issuer group where the total purchase price of the to state the approximate amount of the in­ or any of its affiliates. It is proposed to securities called for by all options granted terest, the approximate amount involved in amend this item to make it consistent to such person or group during the period the transaction shall be indicated. with the requirements of Regulation S-X specified does not exceed $30,000, or (ii) as 2. As to any transaction involving the relative to the independence of account­ to the exercise of options by a person or purchase or sale of assets by or to the issuer group where the total purchase price of all or any subsidiary, otherwise than in the or­ ants. The item as so amended would securities purchased by such person or group dinary course of business, state the cost at read as follows: through the exercise of options during such the assets to the purchaser and the cost Item. 8. Selection of auditors. If action period did not exceed $30,000. thereof to the seller if acquired by the seller Is to be taken with respect to the selection (e) State as to each of the following per­ within two years prior to the transaction. of auditors, or if it is proposed that particular sons who was indebted to the issuer or its 3. The instruction to item 4 shall apply auditors shall be recommended for selection subsidiaries at any time since the beginning to this item. by any committee to select auditors, for whom of the last fiscal year of the issuer, (i) the 4. No information need be given under this votes are to be cast, name the auditors and largest aggregate amount of indebtedness paragraph as to any remuneration or other describe briefly any direct financial interest outstanding at any time during such period, transaction reported in response to (a ), (b ), or any material indirect financial interest in (ii) the nature of the indebtedness and of the (c), (d) or (e) of this item. the issuer or any of its parents or subsidiar­ transaction in which it was incurred, (iii) . 5. No information need be given under ies or any connection during the past three the amount thereof outstanding as of the this paragraph as to any transaction or any years with the issuer or any of its parents or latest practicable date, and (iv) the rate of interest therein where: subsidiaries in the capacity of promoter, interest paid or charged thereon: (i) The rates or charges involved in the underwriter, voting trustee, director, officer (1) Each director or officer of the issuer; transaction are fixed by law or determined or employee. (2) Each nominee for election as a direc­ by competitive bids; tor; and, (ii) The interest of the specified person in All interested persons are hereby in­ (3) Each associate of any such director, the transaction is solely that of a director vited to submit views and comments on officer or nominee. of another corporation which is a party to Instructions. 1. See instruction 1 to para­ the transaction; the proposed amendments in writing to graph (a). Include the name of each per­ (iii) The transaction involves services as a the Securities and Exchange Commis­ son whose indebtedness is described and the bank depositary of funds, transfer agent, reg­ sion, 425 Second Street NW., Washing­ nature of the relationship by reason of istrar, or trustee under a trust indenture; ton 25, D. C., on or before November 13, which the information is required to be (iv) The interest of the specified person given. does not exceed $30,000; 1953. 2. This paragraph does not apply to any (v) The transaction does not involve remu­ By the Commission. person whose aggregate indebtedness did not neration for services, directly or indirectly, exceed $20,000 or 1 percent of the issuer’s [seal! Orval L. D uB ois, and (A) the interest of the specified persons Secretary. total assets, whichever is less, at any time arises from the ownership individually and during the period specified. Exclude in the October 9, 1953. 0 determination of the amount of indebtedness in the aggregate of less than 10 percent of any class of equity securities of another cor­ [F. R. Doc. 53-8880; Filed, Oct. 19, 1953; all amounts due from the particular person 8:46 a. m.] for purchases subject to usual trade terms, poration which is a party to the transaction,

NOTICES

convenience and necessity in the above- INTERSTATE COMMERCE FEDERAL POWER COMMISSION entitled matters. [Docket Nos. G-880, G-1003, G-1012] COMMISSION [seal] Leon M. F uquay, Secretary. Organization and F unction T exas Eastern T ransmission Corp. NOTICE OF ORDER ISSUING CERTIFICATES OF [F. R. Doc. 53-8874; Filed, Oct. 19, 1953; bureau of accounts and cost finding 8:45 a. m.] PUBLIC CONVENIENCE AND NECESSITY October 14, 1953. The Interstate Commerce Commission O ctober 14, 1953. has merged the functions of the Depre­ Notice is hereby given that on October [Docket No. G-1721] ciation Section into the Accounting 9, 1953, the Federal Power Commission I owa-I llinois Gas and Electric Co. Section of the Bureau of Accounts and issued its order adopted October 8, 1953, Cost Finding. amending orders in Docket No. G-880 NOTICE OF ORDER ISSUING CERTIFICATE OF of October 11, 1947 (12 F. R. 6816); PUBLIC CONVENIENCE AND NECESSITY [seal] G eorge W. Laird, Docket No. G-1003 of February 18, 1949 Acting Secretary. (14 F. R. 910-11) and Docket No. G-1012 O ctober 14, 1953. [P. R. Doo. 53-8907; Filed, Oct. 19, 1953; of February 27, 1951 (16 F. R. 2131) re­ Notice is hereby given that on Octo­ 8:51 a. m.] spectively, issuing certificates of public ber 9, 1953, the Federal Power Commis- No. 205----- 2 6650 NOTICES sion issued its order adopted October 8, [Docket No. G-2274] posed to be offered at the hearings, In­ 1953, further amending order of July U nited F uel Gas Co. cluding five (5) copies to Commission 9,1952 (17 P. R. 6571), issuing certificate staff counsel. of public convenience and necessity in ORDER SUSPENDING PROPOSED RATE SCHED­ (D) Pending hearing and decision the above-entitled matter. ULES AND FIXING DATE OF HEARING thereon, said Second Revised Sheets Nos. 12, 13, 14, and 15 of United Fuel’s [seal] Leon M. F uquay, On September 14, 1953, United Fuel Secretary. Gas Company (United Fuel) filed with FPC Gas Tariff, Third Revised Volume the Commission proposed rate schedules No. 1, filed on September 14, 1953, be [F. R. Doc. 53-8875; Filed, Oct. 19, 1953; and the same hereby are suspended and 8 :45 a. m.] consisting of Second Revised Sheets Nos. 12, 13, 14, and 15 of its FPC Gas Tariff, the use thereof deferred until March 15, Third Revised Volume No. 1, whereby 1954, and until such further time there­ United Fuel proposes a rate increase for- after as such tariff sheets may be made effective in the manner prescribed by the [Docket No. G-1847] the sale for resale of natural gas in interstate commerce. Natural Gas Act. T exas Gas T ransmission Corp. According to United Fuel’s estimates, (E) Interested State commissions the proposed rate schedules would in­ may participate as provided by §§1.8 NOTICE OF ORDER ISSUING CERTIFICATE OF and 1.37 (f) (18 CFR 1.8 and 1.37 (f)) PUBLIC CONVENIENCE AND NECESSITY crease the presently effective rates and charges for such sales by a total of ap­ of the Commission’s rules of practice October 14, 1953. proximately $2,200,000 based on the sales and procedure. Notice is hereby given that on October for the year ended June 30, 1953. Adopted: October 12, 1953. 9, 1953, the Federal Power Commission United Fuel avers that the proposed issued its order adopted October 8, 1953, increased rates are required primarily by Issued: October 13, 1953. in the above-entitled matter, further reason of a proposed increase in cost of By the Commission. amending Opinion No. 232 and order of gas purchased from Tennessee Gras July 25, 1952 (17 P. R. 7064) issuing Transmission Company (Tennessee") and [seal] Leon M. F'uquay, certificate of public convenience and requests that its proposed rate increase Secretary. necessity, to modify provisions relating be made effective on October 1, 1953, to [F. R. Doc. 53-8885; Filed, Oct. 19, 1953; to natural gas service to MidSouth Gas coincide with the proposed effective date 8:47 a. m.] Company. of Tennessee’s rate increase. Tennes­ [seal] Leon M. F uquay, see’s proposed rate increase has been Secretary. suspended by order of the Commission issued S e p t emdweor 24, 1953. United [Docket No. G-2275] [F. R. Doc. 53-8876; Filed, Oct. 19, 1953; ’Fuel’s only ne«^ttfBliated purchaser, tlantic eaboard orf and irginia 8:45 a. h i.] A S C , V Portsmouth Gas Company, opposes the Gas T ransmission Corp. proposed rate increase filing. The rates, charges and classifications order suspending proposed tariff ■fBecfeetr No. G-187$] set forth in the rate schedules contained CHANGES AND FIXING DATE OF HEARING in Second Revised Sheets Nos. 12, 13, 14 On September 14, 1953, Atlantic Sea­ N atural Gas Pipeline Co. of America and 15 of United Fuel’s FPC Gas Tariff, et AL. board Corporation (Atlantic Seaboard) Third Revised Volume No. 1 may be un­ First Revised Sheets Nos. 7, 9, 11, 15 and notice of order granting motion to just, unreasonable, unduly discrimina­ 18 to its FPC Gas Tariff, F*if th Revised DISMISS COMPLAINT AND PETITION tory and preferential, and may place an Volume No. 1, and Virginia Gas Trans­ undue burden upon the ultimate con­ O ctober 14, 1953. mission Corporation (Virginia-Gas) filed sumers of the natural gas. First Revised Sheets Nos. 4, 5 and 6 to In the matter of Natural Gas Pipeline The Commission finds: It is necessary its FPC Gas Tariff, Third Revised Vol­ Company of America v. Colorado Inter­ and proper in the public interest and to ume No. 1, proposing a net increase in state Gas Company, Canadian River Gas aid in the enforcement of the provisions rates and charges for the sale of natu­ Company, West Texas Gas Company; of the Natural Gas Act that the Commis­ ral gas for resale in interstate commerce. Docket No. G-1876. sion enter upon a hearing, pursuant to The Companies’ request that the pro­ Notice is hereby given that on October the •authority contained in section 4 of posed changes be allowed to take effect 9, 1953, the Federal Power Commission the Natural Gas Act, concerning the law­ on October 1, 1953, on less than 30 days’ issued its order adopted October 8, 1953, fulness of the rates, charges, classifica­ statutory notice. granting motion to dismiss complaint tions and services of United Fuel’s FPC The Companies estimate that the pro­ and petition filed September 15, 1953, in Gas Tariff as proposed to be changed by posed tariff changes, which are applica­ the above-entitled matter. Second Revised Sheets Nos. 12,13,14 and ble to all of their sales of natural gas, [ seal] Leon M. F uquay, 15; and that pending hearing and deci­ would increase the rates and charges Secretary. sion thereon, said Second revised Sheets presently effective under bond by a net be suspended for 5 months following the amount of $186,526 based on sales for [F. R. Doc. 53-8877; Filed, Oct. 19, 1953; 30-day notice period provided for by the 8:45 a. m.] the 12 months ended June 30, 1953. Natural Gas Act. The Companies state that the pro­ The Commission orders: posed increase is made necessary by the (A) A public hearing be held com­ concurrent filing for an increase by their [Docket No. G-2012] mencing on January 25, 1954 at 10:00 principal supplier and affiliate, United a. m. in a Hearing Room of the Com­ I owa-I llinois Gas and E lectric Co. Fuel Gas Company. The proposed in­ mission at 441 G Street NW., Washing­ creases of the latter named company, NOTICE OF ORDER ISSUING CERTIFICATE OF ton, D. C., concerning the lawfulness of which were filed on September 14, 1953, PUBLIC CONVENIENCE AND NECESSITY the rates, charges, classifications and have been suspended in Docket No. services, subject to the jurisdiction of the October 14, 1953. G-2274. Commission, of United Fuel’s FPC Gas Notice is hereby given that on October Copies of the proposed tariff changes, Tariff, Third Revised Volume No. 1, as together with copies of the material in 9, 1953, the Federal Power Commission proposed to be changed by Second Re­ issued its order adopted October 8, 1953, support thereof, have been transmitted vised Sheets Nos. 12, 13, 14, and 15. by the Companies to their customers and amending order of February 5, 1953 (18 (B) At the hearing the parties, in­ F. R. 862), issuing certificate of public to the State commissions concerned, as cluding Commission staff counsel, may required by section 154 of the Commis­ convenience and necessity in the above- reserve cross-examination until after entitled matter. sion’s general rules and regulations (18 United Fuel has presented and com­ CFR Part 154). Two wholesale cus­ [seal] . Leon M. F uquay, pleted its case-in-chief. tomers have indicated their dissatisfac­ Secretary. (C) United Fuel shall serve upon all tion with the proposed changes. [F. R. Doc. 53-8878; Filed, Oct. 19, 1953; parties not later than January 4, 1954, The rates, charges and classifications 8:46 a. m.] copies of the testimony and exhibits pro­ set forth in the proposed revised tariff Tuesday, October 20, 1953 FEDERAL REGISTER 6651 sheets enumerated above, have not been Commission’s rules of practice and pro­ Kentucky’s FPC Gas Tariff, Third Re­ cedure. vised Volume No. 1, as proposed to be shown to be justified, and may be unjust, amended by First Revised Sheets Nos. 7 unreasonable, unduly discriminatory or Adopted : October 12,1953. preferential, or otherwise unlawful. and 8, and that said proposed revised Issued: October 13, 1953. tariff sheets and the rates and charges Unless suspended by order of the Com­ contained therein be suspended as here­ mission, the proposed revised tariff By the Commission. sheets will become effective upon expira­ inafter provided, and the use thereof de­ [se a l ] L e o n M. F u q u a y , ferred pending hearing and decision tion of statutory notice on October 15, Secretary. 1953, pursuant to the provisions of the herein. Natural Gas Act and the general rules [F. R. Doc. 53-8886; Filed, Oct. 19, 1953; The Commission orders: and regulations thereunder. 8:47 a. m.] (A) A public hearing be held com­ The Commission finds: It is neces­ mencing on March 2,1954, at 10:00 a. m., sary and proper in the public interest, e. s. t., in the Hearing Room of the Fed­ and to aid in the enforcement of the eral Power Commission, 441 G Street [Docket No. G-2276] NW., Washington, D. C., concerning the provisions of the Natural Gas Act, that lawfulness of the rates, charges, classifi­ the Commission enter upon a hearing, C en t ra l K e n t u c k y N atural G as C o . pursuant to the authority contained in cations, and services contained in Central section 4 of the Natural Gas Act, con­ ORDER SUSPENDING PROPOSED TARIFF Kentucky’s FPC Gas Tariff, Third Re­ cerning the lawfulness of the rates, CHANGES AND FIXING DATE OF HEARING vised Volume No. 1, as proposed to be amended by First Revised Sheets Nos. charges, classifications, and services con­ On September 14, 1953, Central Ken­ 7 and 8. tained in Atlantic Seaboard’s FPC Gas tucky Natural Gas Company (Central (B) Pending such hearing and deci­ Tariff, Fifth Revised Volume No. T, as Kentucky) filed First Revised Sheets sion thereon, the proposed revised tariff proposed to be amended by First Re­ Nos. 7 and 8 to its FPC Gas Tariff, Third sheets’of Central Kentucky, described in vised Sheets Nos. 7, 9,11, 15, and 18, and Revised Volume No. 1, proposing an in­ in Virginia Gas, FPC Gas Tariff, Third paragraph (A) above, are suspended and crease in rates and charges for the sale the use thereof deferred until March 15, Revised Volume No. 1, as proposed to of natural gas for resale in interstate 1954, unless otherwise ordered by the be amended by First Revised Sheets Nos. commerce. The Company requests that Commission, and until such further time 4, 5, and 6, and that said proposed re­ the proposed changes be allowed to take thereafter as said proposed tariff sheets vised tariff sheets and the rates and effect on October 1, 1953, on less than may be made effective in the manner charges contained therein be suspended 30 days’ statutory notice. prescribed by the Natural Gas Act. as hereinafter provided! and the use Central Kentucky estimates that (C) At the hearing, the parties, in­ based upon sales for the 12-month cluding Commission staff counsel, may thereof deferred pending hearing and period ended June 30,1953, the proposed decision herein. reserve cross-examination until after tariff changes would result in increased Central Kentucky shall have presented The Commission orders: rates in the amount of $563,088, an­ (A) A public hearing be held com­ and completed its case-in-chief. nually, over and above the amounts (D) Central Kentucky shall serve mencing on February 24, 1954, at 10:00 presently being collected under bond. upon all parties not later than January a. m., e. s. t., in the Hearing Room of the Central Kentucky states that the pro­ 25, 1954, copies of the testimony and ex­ Federal Power Commission, 441 G Street posed increase is necessitated principally hibits proposed to be offered at the hear­ NW., Washington, D. C., concerning the by the concurrent filing for an increase ing, including five (5) copies upon Com­ lawfulness of the rates, charges, classi­ by its principal supplier and affiliate, mission staff counsel. fications, and services contained in At­ United Fuel Gas Company. The pro­ (E) Interested State commissions may lantic Seaboard’s FPC Gas Tariff, Fifth posed increases of the latter-named com­ participate as provided by §§ 1.8 and 1.37 Revised Volume No. 1, as proposed to be pany have been suspended in Docket No. (f) (18 CFR 1.8 and 1.37 (f) ) of the amended by First Revised Sheets Nos. 7, G-2274. Commission’s rules of practice and pro­ Copies of the proposed tariff changes, cedure. 9, 11, 15, and 18, and in Virginia Gas’ together with copies of the material in FPC Gas Tariff, Third Revised Volume support thereof, have been transmitted Adopted: October 12,1953. No. 1, as proposed to be amended by by the Company to its customers and to Issued: October 13, 1953. First Revised Sheets Nos. 4, 5, and~6. the State commissions concerned, as re­ (B) Pending such hearing and deci­ quired by section 154 of the Commission’s By the Commission. sion thereon, the proposed revised tariff general rules and regulations (18 CFR [ s e a l ] L e o n M. F u q u a y , sheets of Atlantic Seaboard and Virginia Part 154). .The Company’s four largest Secretary. Gas, described in paragraph (A) above, wholesale customers have indicated their dissatisfaction with the proposed [F. R. Doc. 53-8887; Filed, Oct. 19, 1953; are suspended and the use thereof de­ 8:48 a. m.] changes. ferred until March 15,1954, unless other­ The rates, charges and classifications wise ordered by the Commission, and set forth in the proposed revised tariff until such further time thereafter as sheets have not been shown to be jus­ [Docket No. G-2277] said proposed tariff sheets may be made tified, and may be unjust, unreasonable, effective in the manner prescribed by the unduly discriminatory or preferential, or C ommonwealth N atural G as C o r p . Natural Gas Act. otherwise unlawful. ORDER SUSPENDING PROPOSED TARIFF SHEETS (C) At the hearing, the parties, in­ Unless suspended by order of the Com­ cluding Commission staff counsel, may mission the proposed revised tariff sheets On September 14,1953, Commonwealth reserve cross-examination until after will become effective upon expiration of Natural Gas Corporation (Common­ Atlantic Seaboard and Virginia Gas have statutory notice on October 15,1953, pur­ wealth) tendered for filing its FPC Gas suant to the provisions of the Natural Tariff, First Revised Volume No. 1, con­ presented and completed their case-in­ taining increased rates and charges chief. Gas Act and the general rules and regu­ lations thereunder. which were proposed to be made effective (D) Atlantic Seaboard and Virginia The Commission finds: It is necessary October 1, 1953. The proposed increase Gas shall serve upon all parties not later and proper in the public interest, and to in rates and charges to Commonwealth’s than January 15, 1954, copies of the aid in the enforcement of the provisions wholesale customers would result in an testimony and exhibits proposed to be of the Natural Gas Act, that the Com­ estimated increase of about $19,166, or offered at the hearing, including five (5) mission enter upon a hearing, pursuant 0.5 percent, per year, based upon sales, copies upon Commission staff counsel. to the authority contained in section 4 of after adjustment of billing demand units, (E) Interested State commissions may the Natural Gas Act, concerning the law­ for the year ending July 31,1953. participate as provided by §§ 1.8 and 1.37 fulness of the rates, charges, classifica­ Commonwealth bases its proposed in­ (f> (18 CFR 1.8 and 1.37 (f)) of the tions, and services contained in Central crease in rates and charges, among other 6652 NOTICES things, upon increased costs of purchased of the Commission’s rules of practice and tion 4 of the Natural Gas Act, concerning gas from its supplier, Virginia Gas procedure. the lawfulness of the rates, charges, Transmission Corporation, which, on Adopted: October 12,1953. classifications and services contained in September 14, 1953, tendered for filing Roanoke’s FTC Gas Tariff, Original Vol­ new schedules of increased rates and Issued: October 13, 1953. ume No. 1, ,as proposed to be amended charges. Virginia Gas Transmission By the Commission. by Sixth Revised Sheet No. 4 and First Corporation’s proposed rates and charges Revised Sheet No. 5-A, and that said were suspended and set for hearing by [ s e a l ] L e o n M. F u q u a y , proposed tariff sheets and the rates con­ the Commission’s order entered concur­ Secretary. tained therein be suspended as herein­ rently herewith In the Matter of Atlantic [F. R. Doc. 53-8888; Filed, Oct. 19, 1953; after provided, and the use thereof Seaboard Corporation and Virginia 8:48 a. m.] deferred pending hearing and decision Gas Transmission Corporation, Docket herein. No. G-2275. In part, also, Common­ The Commission orders: wealth relies upon other claimed in­ (A) ' A public hearing be held at a date creases in its cost of service, including [Docket NO.-G-2278] to be set by further order concerning the a rate of return of 6 V2 percent and in­ R o a n o k e P ip e L in e C o . lawfulness of the rates, charges, classi­ come taxes associated therewith. fications and services contained in Ro­ Copies of Commonwealth’s aforesaid order s u s p e n d in g p r o p o s e d t a r if f anoke’s FPC Gas Tariff, Original Volume FPC Gas Tariff, First Revised Volume CHANGES No. 1, as proposed to be amended by No. 1, and the data submitted in support Roanoke Pipe Line Company (Roan­ Sixth Revised Sheet No. 4 and First Re­ thereof, have been served upon Com­ oke) on September 14, 1953, filed Sixth vised Sheet No. 5-A. monwealth’s wholesale customers, as Revised Sheet No. 4 and First Revised (B) Pending such hearing and deci­ required by the Commission’s general Sheet No. 5-A to its FPC Gas Tariff, sion thereon, the proposed rates and rules and regulations (18 CFR Part 154). Original Volume No. 1, proposing in­ charges contained in the revised tariff Upon consideration of the filing by creased rates and charges for the sale sheets referred to in (A) above, hereby Commonwealth, including all data ten­ of natural gas for resale to Roanoke Gas are"suspended and their use deferred dered in support of the proposed Revised Company, its affiliate and sole customer. until March 15, 1454, unless otherwise Volume No. 1 and increased rates and Roanoke requests that the proposed ordered by the Commission, and until charges contained therein, together changes be allowed to take effect on Oc­ such further time thereafter as they may with the comments filed by customers tober 1, 1953, on less than 30-day stat­ be made effective in the manner pre­ of Commonwealth, and also the Com­ utory notice. scribed by the Natural Gas Act. mission’s order entered concurrently Based upon estimated sales for the (C) Interested State commissions may herewith with respect to increased rates year ending September 30, 1954, the pro­ participate as provided by §§1.8 and and charges proposed by Virginia Gas posed changes would result in an esti­ 1.37 (f) (18 CFR 1.8 and 1.37 (f)) of the Transmission Corporation on September mated increase of approximately $19,- Commission’s rules of practice and pro­ 14,1953, of which*official notice is hereby 700 in the presently effective rates, and cedure. taken, it appears that the increased would constitute a passing on to the sole Adopted: October 12, 1953. rates and charges proposed in Common­ customer of the exact amount of the in­ wealth’s FPC Gas Tariff, First Revised crease in purchased gas cost that would Issued: October 13, 1953. Volume No. 1, which was tendered for result to Roanoke from the proposed in­ By the Commission. filing on September 14, 1953, have not crease of its supplier' Virginia Gas Trans­ been shown to be justified, and may be mission Corporation. The proposed in­ [se a l ] L e o n M. F u q u a y , unjust, unreasonable, or otherwise creases of the latter named company, Secretary. unlawful. which were filed on September 14, 1953, [P. R. Doc. 53-8889; Piled, Oct. 19, 1953; The Commission finds: It is necessary have been suspended in Docket No. 8:48 a. m.] and in the public interest, and in aid of G-2275. the enforcement of the provisions of the As required by § 154.16 of the Com­ Natural Gas Act, that the Commission mission’s regulations <18 CFR 154.16) enter upon a hearing, pursuant to the under the Natural Gas Act, copies of the [Docket No. IT-5743] authority contained in section 4 of that proposed tariff sheets and the material S an D ie g o G as & E l e c t r ic C o . act, concerning the lawfulness of the submitted in support thereof have been rates, charges; classifications, and serv­ transmitted to the State commission NOTICE OF ORDER AUTHORIZING TRANSMIS­ ices, or any of them, contained in Com­ concerned and to Roanoke Gas Com­ SION OF ELECTRIC ENERGY FROM UNITED monwealth’s FPC Gas Tariff, First Re­ pany, which has indicated its consent to STATES TO MEXICO vised Volume No. 1, and that said the proposed increase. O cto ber 14, 1953. Revised Volume No. 1 be suspended as The proposed increased rates, which Notice is hereby given that on October hereinafter provided, and the use thereof are based entirely on the proposed in­ 9, 1953, the Federal Power Commission deferred pending hearing and decision creased rates and charges of Virginia issued its order adopted October 8, 1953, thereon. Gas Transmission, suspended in Docket authorizing transmission of electric en­ The Commission orders: No. G-2275, have not been shown to be ergy from the United States to Mexico, (A) A public hearing be held at a justified, and may be unjust, unreason­ and superseding order of March 21,1952, date to be set by further order concern­ able, unduly discriminatory or prefer­ in the above-entitled matter. ing the lawfulness of the rates, charges, ential, and may place an undue burden I s e a l ] L e o n M. F u q u a y , classifications and services contained in upon the ultimate consumers of natural Secretary. Commonwealth’s FPC Gas Tariff, First gas. Revised Volume No. 1. Unless suspended by order of the Com­ [P. R. Doc. 53-8879; Piled, Oct. 19, 1953; (B) Pending such hearing and deci­ mission, Sixth Revised Sheet No. 4 and 8:46 a. m.] sion thereon, the proposed rates and First Revised Sheet No. 5-A to Roanoke’s charges contained in Revised Volume FPC Gas Tariff, Original Volume No. 1, No. 1, referred to in (A) above, hereby will become effective as of October 15, [Docket No. G-1888] are suspended and their use deferred 1953, pursuant to the provisions of the Natural Gas Act and the general rules N evada N a tu ra l G as P ip e L in e Co. until. March 15, 1954, and until such and regulations thereunder. further time thereafter as they may be NOTICE OF PETITION TO AMEND CERTIFICATE The Commission finds: It is necessary OF PUBLIC CONVENIENCE AND NECESSITY made effective in the manner prescribed and proper in the public interest, and by the Natural Gas Act. to aid in the enforcement of the pro­ October 14, 1953. (C) Interested State commissions visions of the Natural Gas Act, that the Take notice that on October 1, 1253, may participate as provided by §§1.8 Commission enter upon a hearing, pur­ Nevada Natural Gas Pipe Line Com­ and 1.37 (f) (18 CFR 1.8 and 1.37 (1) > suant to the authority contained in sec­ pany (Applicant), a Nevada corpora- Tuesday, October 20, 1953 FEDERAL REGISTER 6653 tion with its principal office in Las Vegas, extending from the terminus, in Arling­ its principal place of business at El Paso, Nevada, filed a petition to amend the ton County, Virginia, of the pipeline Texas, filed an application pursuant to certificate of public convenience and ne­ authorised in Docket No. G-1062 to the section 7 of the Natural Gas Act for a cessity authorized by order issued on southern end of Key Bridge in Rosslyn, certificate of public convenience and June 23, 1952, as amended March 4, Virginia, where it connects with the necessity authorizing construction and 1953, in Docket No. G-1888. facilities of Washington. Said facilities operation of facilities as hereinafter de­ The certificate as issued authorizes were authorized at Docket No. G-1768. scribed to enable applicant to deliver on Applicant to construct and operate a By means of the transmission pipeline a temporary and exchange basis to Colo­ natural gas pipeline from a point of con­ facilities above described Potomac rado Interstate Gas Company (Colorado) nection with the pipeline facilities of presently transports natural gas from its volumes of gas up to 50,000,000 cubic feet El Paso Natural Gas Company at a point point of connection with the transmis­ per day until December 31, 1953, and for near Topock, Arizona, extending ap­ sion facilities of Atlantic Seaboard Cor­ such additional time thereafter as may proximately 114 miles, to a point near poration in the vicinity of Dranesville, be mutually agreed upon between Appli­ Las Vegas, Nevada, crossing the Colo­ Virginia, to the distribution systems of cant and Colorado. rado River near Topock. Applicant re­ Washington and the Rosslyn Gas Com­ Applicant states that Colorado during quests amendment of the certificate to pany. Washington, Potomac and Ros­ the past year has overproduced its wells permit a crossing of the Colorado River slyn are engaged in the storage, trans­ in the Panhandle Field in Texas, that at a point near Needles, California, in mission, distribution, and sale of natural such wells will be shut-in during the com­ lieu of Topock and the location on the gas in the metropolitan area of Wash­ ing winter and that to remedy the re­ east side of the river of that part of ington which includes the District of sulting shortage in Colorado’s gas supply, the proposed line between the connec­ Columbia and adjoining portions of the Applicant and Colorado have entered tion with El Paso and the crossing near States of Virginia and Maryland. into an agreement pursuant to which Needles. Applicant states that the pro­ Under the proposal submitted by Applicant will furnish gas to Colorado posed relocation will not increase the Washington; it will upon acquisition of as indicated above and Colorado will re­ cost of constructing the pipeline. the facilities above described, render the turn equivalent volumes of gas, plus a Protests or petitions to intervene may same service now being performed by quantity of gas calculated to be equal to be filed with the Federal Power Com­ Potomac. Washington’s proposal does 5 percent per annum on the unreturned mission, Washington 25, D. C., in ac­ not include service to any new markets balance, by November 1,1955. Applicant cordance with the rules of practice and nor is such service contemplated under states that it commenced deliveries of procedure (18 CFR 1.8 or 1.10) on or its application. gas to Colorado on September 16, 1953, before the 5th day of November 1953. The facilities and properties of Po­ pursuant to applicable provisions of the The application is on file with the Com­ tomac are to be acquired by Washington Commission’s rules and regulations under mission for public inspection. in accordance with the terms of a “Pro­ the Natural Gas Act. posed Plan of Liquidation”, which calls Cost of the necessary facilities, in­ [seal] Leon M. F uquay, for the following: First, Potomac will cluding a measuring station and neces­ Secretary. distribute to Washington, by appropriate sary appurtenance installed at a point [P. R. Doc. 53-8900; Filed, Oct. 19, 1953; conveyances and transfers, all of its adjacent to the intersection of Appli­ 8:49 a. m.] assets; Second, Washington concur­ cant’s 24-inch Dumas pipeline and Colo­ rently, with such transfer of assets to rado’s 22-inch pipeline in Moore County, it, will cancel all indebtedness of Po­ Texas, was $8,418. Applicant requests tomac to it and will surrender for can­ that its application be heard under the [Docket No. G—2240] cellation all bonds, other evidences of shortened procedure provided by the Washington Gas Light Co., and P otomac indebtedness, and certificates of capital Commission’s rules (18 CFR 1.32 (b)). Protests or petitions to intervene may Gas Co. stock of Potomac; Third, Washington, concurrently with the transfer of assets be filed with the Federal Power Commis­ NOTICE OF APPLICATION to it, will assume all of the liabilities sion, Washington, D. C., in accordance October 14, 1953. and obligations of Potomac to persons with the Commission’s rules of practice other than Washington and will agree and procedure (18 CFR 1.8 or 1.10) on or Take notice that the Washington Gas before the 5th day of November 1953. Light Company (Washington), a cor­ to fulfill in every respect all of the duties of Potomac; and, Fourth, Potomac will The application is on file with the Com­ poration organized and existing under mission and open to public inspection. the laws of the United States of Amer­ be dissolved under the laws of Virginia. ica and the Potomac Gas Company (Po­ Washington and Potomac request that [seal! Leon M. F uquay, tomac), a corporation organized and their application be heard under the Secretary. existing under the laws of the State of shortened procedure pursuant to § 1.32 [F. R. Doc. 53-8902; Filed, Oct. 19, 1953; Virginia, both having their principal (b) of the Commission’s rules of practice 8:50 a. m.] place of business at Eleventh and H and procedure. Streets NW., Washington, D. C., filed a Protests or petitions to intervene may joint application pursuant to section 7 be filed with the Federal Power C<5m- of the Natural Gas Act whereby Wash­ mission, Washington 25, D. C., in accord­ [Docket No. G-2258] ington seeks a certificate of public con­ ance with the rules of practice and U nited Gas Pipe Line Co. venience and necessity pursuant to sec­ procedure (18 CFR 1.8 or 1.10) on or tion 7 of the Natural Gas Act, to acquire before the 5th day of November 1953. notice of application and operate all of the facilities and prop­ The application is on file with the O ctober 14,1953. erties of Potomac. Commission for public inspection. Take notice that on September 24, The facilities which Washington seeks 1953, United Gas Pipe Line Company to acquire and operate from Potomac [ seal] Leon M. F uquay, Secretary. (Applicant), a Delaware Corporation, were authorized at Docket Nos. G-1062 having its principal place of business at and G-1768 and include the following: [F. R. Doc. 53-8901; Filed, Oct. 19, 1953; Shreveport, Louisiana, filed an applica­ (1) Approximately 18 miles of 16- 8:49 a. m.] tion pursuant to section 7 of the Natural inch natural gas transmission pipeline Gas Act for a certificate of public con­ extending from the 20-inch natural gas venience and necessity authorizing con­ pipeline of Atlantic Seaboard, in the struction and operation of five segments vicinity of Dranesville, Virginia, to a [Docket No. G—2256] of 2-inch line and appurtenant facilities point of connection with the pipeline fa­ El P aso Natural G as Co. and the sale of natural gas to United Gas cilities of Rosslyn Gas Company (Ross- Corporation for distribution and resale lyn), in Arlington County, Virginia. Said NOTICE OF APPLICATION by the latter corporation in the Missis­ facilities were authorized at Docket No. O c to ber 14, 1953. sippi communities of Bassfield, George­ G-1062. Take notice that on September 23, town, Osyka, Sumrall, and Mize. (2) Approximately 14,000 feet of 16- 1953, El Paso Natural Gas Company (Ap­ Two of said segments will extend from inch natural-gas transmission pipeline plicant), a Delaware Corporation having Applicant’s Bogalusa 10-inch line to 6654 NOTICES

United Gas Corporation’s proposed dis­ (18 CFR 1.8 or 1.10) on or before the 5th rules and regulations (18 CFR Part 157). tribution systems in Bassfield and Sum- day of November 1953. The application The estimated cost of the proposed fa­ rail, such communities being located is on file with the Commission and open cilities in the alternate Projects above respectively, in Jefferson Davis County to public inspection. is (2) $14,494 and (3) $85,778. and Lamar County. Two others will ex­ Applicant requests that its application [ s e a l ] L e o n M. F uqua y, tend from Applicant’s Montpelier-Koscu- Secretary. be heard under the shortened procedure isko 30-inch line to Gas Corporation’s provided by the Commission’s rules (18 proposed systems in Georgetown (Copiah [F. R. Doc. 53-8904; Filed, Oct. 19, 1953; CFR 1.32 (b)). Protests or petitions to County) and Osyka (Pike County). The 8:50 a. m.] intervene may be filed with the Federal fifth segment will extend from Appli­ Power Commission, Washington, D. C., cant’s Jackson-Mobile 16-inch line to in accordance with the Commission’s Gas Corporation’s proposed system in rules of practice and procedure (18 CFR Mize, in Smith County. Approximate [Docket No. G-2262] 1.8 or 1.10), on or before the 5th day mileage of said segments is 18.8 miles. C olorado I n t e r s t a t e G as Co. of November 1953. The application is Estimated cost of facilities to be con­ on file with the Commission and open structed by Applicant is $129,770. NOTICE OF' APPLICATION to public inspection. Applicant requests that its application O cto ber 14, 1953. [ s e a l ] L e o n M. F u q u a y , be heard under the .shortened procedure Take notice that on September 28, Secretary. proceeded by the Commission’s rules (18 1953, Colorado Interstate Gas Company CFR 1.32 (b)). Protests or petitions to [F. R. Doc. 53-8905; Filed, Oct. 19, 1953; (Applicant), a Delaware corporation 8:50 a. m.] intervene may be filed with the Federal having its principal place of business^ Power Commission, Washington 25, Colorado Springs, Colorado, filed an ap­ D. C., in accordance with the Commis­ plication pursuant to the provisions of SECURITIES AND EXCHANGE sion’s rules of practice and procedure section 7 of the Natural Gas Act for a (18 ,CFR 1.8 or 1.10) on or before the certificate of public convenience and COMMISSION 5th day of November 1953. The appli­ necessity authorizing construction and [File No. 70-3137] • cation is on file with the Commission operation of facilities is hereinafter and open to public inspection. described to enable (1) Applicant to re­ U n it e d G as C o r p . and U n it e d G as P ipe L in e C o . [ s e a l ] L e o n M. F u q u a y, ceive up to 50,000 Mcf of gas per day Secretary. from El Paso Natural Gas Company (El ORDER AUTHORIZING ISSUE AND SALE BY PAR­ Paso), on an exchange basis, until De­ [F. R. Doc. 53-8903; Filed, Oct. 19, 1953; ENT OF PRINCIPAL AMOUNT OF DEBENTURES 8:50 a. m.] cember 31, 1953, and for such additional AT COMPETITIVE BIDDING AND BY SUBSIDI­ time thereafter as may be mutually ARY OF PRINCIPAL AMOUNT OF DEBENTURES agreed upon between Applicant and El AND ACQUISITION THEREOF BY PARENT Paso; and (2) Applicant to redeliver to ' O c to b er 14,1953. [Docket No. G-2259] El Paso approximately equivalent vol­ umes of gas. United Gas Corporation (“United”), a U n it e d G as P ip e L i n e Co. Applicant states that on September 1, gas utility subsidiary of Electric Bond and Share Company, a registered hold­ n o t ic e o f application 1953, its net overproduction in the Pan­ handle Gas Field amounted to approxi­ ing company, and United’s wholly owned O c to b er 14, 1953. mately 11,800,000 Mcf; that 67 of its subsidiary, United Gas Pipe Line Com­ Take notice that on September 24, wells in the Panhandle Field have been pany (“Pipe Line”), having filed a joint 1953, United Gas Pipe Line Company shut-in by an order of the Texas Rail­ application-declaration with this Com­ (Applicant), a Delaware Corporation, road Commission of September 14, 1953; mission designating sections 6, 7, 9, 10 having its principal place of business at and that the exchange with El Paso is and 12 of the Public Utility Holding Shreveport, Louisiana, filed an applica­ intended to offset in part the deficiency Company Act of 1935 (“act”) and rules tion pursuant to section 7 of the Natural in gas supply resulting from the shut-in. thereunder as applicable to the proposed Gas Act for a certificate of public con­ Applicant requests authority to con­ transactions which are summarized as venience and necessity authorizing con­ struct and operate (1) a 10-inch side follows: struction and operation of five segments gate, a 4-inch regulator, and a short (1) United will issue under the p ro ­ of 2-inch line and appurtenant facilities interconnection on its 22-inch Amarillo- visions of its Debenture Agreement to be and the sale of natural gas to United Denver line adjacent to El Paso’s Dumas dated as of October 1, 1953, made w ith Gas Corporation for distribution and re­ line in Moore County, Texas; and (2) a Irving Trust Company, Trustee, and sell, sale by the latter corporation in the double 8-inch standard orifice type me­ at competitive bidding, pursuant to th e Louisiana communities of Dodson, Glos- ter station, and a short connection, to­ provisions of the Commission’s R ule ter, Goldonna, Grand Cane, and Long- gether with necessary appurtenances U-50, an aggregate of $25,000,000 p rin c i­ street. located at a point of intersection of pal amount of its __ percent Sinking^ Three of said segments will extend Applicant’s Panhandle-Kit Carson line Fund Debentures due 1973. No a d d i­ from Applicant’s Carthage-Sterlington and Northern Natural Gas Company’s tional debentures may be issued u n d er 24-inch line to United Gas Corporation’s line in Moore County, Texas, to make such Debenture Agreement. The De­ proposed distribution systems in Gloster, deliveries to Northern Natural for El bentures of 1973 together with U n ite d ’s Grand Cane, and Longstreet, all of such Paso’s account; or, in the alternative, presently outstanding Debentures of communities being located in De Soto in the event that gas cannot be redeliv­ 1972, in the principal amount of $60,- Parish. The other two will extend from ered by Applicant to El Paso through 000,000, will not be secured by any lien. Applicant’s Agua Dulce-Sterlington 30- facilities last described, (3) approxi­ They will thus be junior to U n ite d ’s inch line to Gas Corporation’s proposed mately 9% miles of 10%-inch pipe to First Mortgage and Collateral T ru s t systems in Dodson (Winn Parish) and extend from the discharge side of Appli­ Bonds, presently outstanding in the Goldonna (Natchitoches Parish). Ap­ cant’s Fourway Compessor Station to amount of $214,470,000. proximate mileage of said segments is the original point at which El Paso will The interest rate of the Debentures 19.5 miles. Estimated cost of facilities deliver gas to Applicant, a meter station, (which shall be a multiple of Vs of * to be constructed by Applicant is an 8-inch side gate, and necessary ap­ percent) ,and the price (exclusive of ac­ $135,370. purtenances. Reference is made to the crued interest) to be paid to United for Applicant requests that its application companion application filed by El Paso- the Debentures (which shall not be less in Docket No. G-2256, notice of which be heard under the shortened procedure than the principal amount thereof nor proceeded by the Commission’s rules is being published simultaneously here­ (18 CFR 1.32 (b)). Protests or petitions with. more than 102% percent of such princi­ to intervene may be filed with the Fed­ The facilities described in (1) above pal amount) will be fixed by proposals eral Power Commission, Washington 25, have been constructed at a cost of $5,511 to be invited by United which will re­ D. C., in accordance with the Commis­ and are in operation under provisions serve the right to reject any or a ll pro­ sion’s rules of practice and procedure of § 157.22 of the Commission’s general posals at or after the opening of bids. Tuesday, October 20, 1953 FEDERAL REGISTER 6655 (2) Pipe Line will issue under the pro­ for the costs of the filing fee, taxes, and Cliffs Iron represents that the high visions of its Debenture Agreement, to printing and engraving. grade iron ore in the Lake Superior re­ gion is being exhausted; that it is its be dated as of September 25, 1953, made By the Commission. with Empire Trust Company, Trustee, intention to develop lower grade ores and sell to United for cash at principal [seal] Orval L. D uB ois, than were formerly economically mine­ amount, plus accrued interest from Sep­ Secretary. able; that lower grade ores require ex­ tember 25, 1953, to date of closing, $10,- [P. R. Doc. 53-8883; Piled, Oct. 19, 1953; tensive processing which will be done at 000,000 principal amount of its 5 percent 8:47 a. m.] or near the source of the ore and which Sinking Fund Debentures due 1973. will require vastly more electric power The proceeds from the sale of United’s than has been needed in the past; and Debentures will be used to purchase Pipe that these facts together with the re­ Line’s Debentures and for the extension [File Nos. 31-613, 31-615, 31-616, 70-3141] quirements of the growing population of and improvement of its facilities and the region will increase the need for Cleveland-Cliffs I ron Co. and Cliffs electric power in the upper peninsula of other general corporate purposes. P ower and Light Co. The Debentures of Pipe Line to be ac­ Michigan. quired by United will be retained in its NOTICE OF FILING OF APPLICATIONS WITH Cliffs Iron, Power Company and Upper securities portfolio. Each Debenture is RESPECT TO ACQUISITION OF COMMON Penisular Power Company (“Upper Pen­ to include a statement upon its face that STOCK OF N ON -AFFILIATED ELECTRIC UTIL­ insula”), a non-affiliated Michigan cor­ it is non-negotiable and cannot be trans­ ITY COMPANY AND REQUESTING EXEMP­ poration which also is engaged in the ferred, assigned, or pledged except to a TIONS generation, purchase, transmission and successor of United under United’s mort­ October 14,1953. distribution of electric energy in the gage or to the Corporate Trustee there­ In the matter of The Cleveland-Cliffs upper peninsula of Michigan, have en­ under. Pipe lin e ’s Debentures of 1973 Iron Company, File Nos. 70-3141; 31- tered into a contract pursuant to which together with its presently outstanding 615; 31-613; The Cliffs Power and Light Generating Company has been organized Debentures of 1971, all of which are Company, File No. 31-616. under the laws of Michigan for the pur­ owned by United in the principal amount Notice is hereby given that The Cleve­ pose of constructing a 22,000 Kw. gener­ of $72,000,000, will be unsecured and will land-Cliffs Iron Company (“Cliffs ating station in or near Marquette, be junior to Pipe Line’s First Mortgage Iron”), an exempt holding company, Michigan. Power Company and Upper Bonds presently owned by United, in the and The Cliffs Power and Light Com­ Peninsula will each acquire 92,500 of the principal amount of $138,507,000. pany (“Power Company”), an electric 185,000 shares of capital stock, par value The proceeds to be derived from the utility company and a wholly-owned $10 per share, of Generating Company sale of Pipe Line’s Debentures will be subsidiary of Cliffs Iron, have filed ap­ at the aggregate par value thereof and used for extensions and improvements of plications requesting (a) approval pur­ will each be entitled to take one half of its facilities, for reimbursement of its suant to sections 9 (a) (2) and 10 of the energy generated at said station. treasury, in part, for expenditures here­ the Public Utility Holding Company Act Additional financing of Generating tofore made for such purposes and for of 1935 (“act”) of the indirect acquisi­ ' Company will be accomplished through other general corporate uses. tion by Cliffs Iron, through Power Com­ the sale of $5,050,000 principal amount It is requested that the Commission’s pany, of one half of the capital stock of 4% percent First Mortgage Bonds, due initial order be entered as promptly as of Upper Peninsula Generating Com­ 1983, to institutional investors. Power practicable and become effective upon pany (“Generating Company”), a non- Company and Upper Peninsula will each the issuance thereof. affiliated electric utility company (File pay to Generating Company the costs of Due notice having been given of the No. 70*-3141), and (b) exemption pur­ generating the energy received by them filing of the joint application-declara­ suant to sections 3 (a) (1) and 3 (a) (3) and will, in addition, each pay one half tion, and a hearing not having been re­ (A) of themselves, as holding companies, of the fixed charges and overhead costs quested of or ordered by the Commission; and their subsidiaries, as such, from the of Generating Company. It is proposed and the Commission finding that the ap­ provisions of the act. that Generating Company will operate plicable provisions of the act and rules. All interested persons are referred to on a cost basis. The contract among promulgated thereunder are satisfied and said applications which are on file in the Cliffs Iron, Power Company and Upper that no adverse findings are necessary, offices of the Commission for a state­ Peninsula also provides that Power Com­ and deeming it appropriate in the public ment of the proposed transactions and pany will sell and transfer to Upper interest and the interest of investors and related facts contained therein which Peninsula all of its transmission and dis­ consumers that said application- are summarized as follows: tribution properties and that, thereafter declaration, as amended, be granted and Cliffs Iron, an Ohio corporation, is the all of the energy generated or purchased successor in a statutory consolidation of by Power Company (including that pur­ permitted to become effective: chased from Generating Company) will It is ordered, Pursuant to Rule U-23 The Cleveland-Cliffs Iron Company and The Cliffs Corporation which had pre­ be delivered to Upper Peninsula either and the applicable provisions of said act, for its own use or for transmission to that said application-declaration, as viously been granted an exemption from the provisions of the act pursuant to and delivery at the mines operated by amended be, and hereby is, granted and section 3 (a) (3) (B) by an order of this Cliffs Iron. permitted to become effective forthwith, Commission dated April 15, 1938, (3 Cliffs Iron alleges that the proposed subject to the terms and conditions pre­ S. E. C. 326). The present filing states indirect acquisition of the common stock scribed in Rule U-24 and subject to the that Cliffs Iron is primarily engaged in of Generating Company will serve the further condition that the proposed sale the mining, transportation and sale of public interest since it will tend toward of Debentures by United shall not be iron ore which is produced from 13 mines the development of an integrated public comsummated until the results of com­ owned and 6 mines managed by it in the utility system. Cliffs Iron further al­ petitive bidding with respect thereto Lake Superior region of the upper penin­ leges that the proposed acquisition will shall have been made a matter of record sula of Michigan. As an incident to its not complicate the holding company in this proceeding and a further order primary business, Cliffs Iron owns all of system of which it is a part or be detri­ shall have been entered by this Commis­ the outstanding common stock of Power mental to the interest of investors or sion in the light of the record so com­ Company, a Michigan corporation, consumers. which is engaged in the generation, Cliffs Iron on July 29, 1953, filed an pleted, which order may contain such transmission and distribution of electric further terms and conditions as may then application (File No. 31-613) for exemp­ energy in the region in which the mines tion pursuant to section 3 (a) (3) (B) be deemed appropriate. owned and operated by Cliffs Iron are It is further ordered, That jurisdic­ located. Power Company’s largest cus­ of the act, which application is still tion be, and hereby is, reserved over the tomer is Cliffs Iron. Sales to other pending. Following acquisition of one payment of all fees and expenses in­ mining companies account for much of half of the common stock of Generating curred or to be incurred in connection the balance of Power Company’s busi­ Company by Power Company, exemp­ with the proposed transactions except ness. tion pursuant to section 3 (a) (B) will 6656 NOTICES

not be available to Cliffs Iron since it Company or Generating Company, the will not own substantially all of the only public utility companies in which outstanding securities of Generating it has, or will have, any interest. Based Company. Accordingly, Cliffs iron now upon 1951 revenue and income, Cliffs requests exemption pursuant to section 3 Iron has submitted pro forma amounts (a) (3) (A) (Pile No. 31-615) and in sup­ of operating revenue and net income, port thereof alleges that it is primarily excluding intercompany income, for engaged in the iron mining business and Cliffs Iron, Power Company and Gener­ that it does not, sfnd will not, derive any ating Company, which are shown in the material part of its income from Power following table:

C—Gen­ A—Clifls B—Power Percent of erating Percent of Iron Company B to A Company C to A

Operating revenue______•___ $108,090,995 $928, 587 0.86 $650,000 0.6 10,414,311 69,743 .67 none none

Power Company will become a holding Power Company represents that it is or­ company upon acquisition of one half of ganized and carrying on its business the common stock of Generating Com­ wholly within the State of Michigan in pany. Power Company requests that it, which State Generating Company is as a holding company, and Generating organized and will carry on its business. Company, as its subsidiary, be exempted The capitalization and surplus of Power Company as at December 31,1952, from the provisions of the act pursuant and the proposed initial capitalization to section 3 (a) (1) thereof (Pile No. 31- of Generating Company are set forth in 616). In support of its application, the following table:

Power Percent of Generating Percent of Company total Company total

Long-term debt: First mortgage bonds...... $5,050,000 73.2 Notes payable, 2 } i percent due 1953 to 1955 (less amount $392,000 5.9 Capital stock and surplus: 4,100,000 1,850,000 2,148,845 6,248,845 94.1 1,850,000 26.8 6, 610,845 100.0 6,900,000 100.0

The expenses in connection with the be notified if the Commission should proposed acquisition of Generating Com­ order a hearing thereon. Any such re­ pany common stock are estimated at quest should be addressed: Secretary, $4,267.50, including counsel fees of Securities and Exchange Commission, $2,000. Applicants request that the 425 Second Street NW., Washington 25, Commission’s order to be entered herein D. C. At any time after October 28, be issued as soon as practicable and that 1953, the applications in Pile Nos. 70- such order become effective upon 3141, 31-615 and 31-616, as filed or as issuance. amended, may be granted and the appli­ Notice is further given that any per- cation in File No. 31-613 may be ^son may, not later than October 28,1953, dismissed. at 5:30 p. m., request the Commission in writing that a hearing be held on By the Commission. such matter, stating the nature of his interest, the reasons for such request, [seal] Orval L. D uB ois, and the issues, if any, of fact or law Secretary. raised by such applications proposed to [F. R. Doc. 53-8884; Filed, Oct. 19, 1953;v be controverted, or may request that he 8:47 a. m.]