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1934 VOLUME 21 \ NUMBER 131 * Wanted ^ Washington, Saturday, July 7, 1956

TITLE 5— ADMINISTRATIVE § 2.503 Status and tenure after posi- CONTENTS tion.change or transfer, (a) The status PERSONNEL and tenure of an employee shall not be Agricultural Conservation Pro- Page Chapter I— Civil Service Commission changed by promotion, demotion, reas­ gram Service signment, or .transfer under this subpart, Rules and regulations: P art 1—C overage and D e f in it io n s except as provided in paragraph (b) of National agricultural conserva­ this section. However, no position tion, 1957______5034 Part 2—F il l in g C o m p e t it iv e P o s it io n s change or transfer to an obligated posi­ P art 10—E m p l o y m e n t W it h tion may be made on a permanent basis, Agricultural Marketing Service R eemployment R ig h t s except as follows; Proposed rule making: ***** Federal -meat grading regula­ Part 20—R e t e n t io n P r e f e r e n c e R egula­ tions ______5063 tions fo r U s e i n R e d u c t io n s i n F orce (R. S. 1753, sec. 2, 22 Stat. 403; 5 U. S. C. 631, Milk; handling in North Texas 633) Part 35—R e s t o r a t io n o f F ederal E m ­ marketing area______5063 ployees A f t e r A c t iv e M il it a r y D u t y 3. Part 10 is revised as follows: Rules and regulations: EMPLOYMENT WITH REEMPLOYMENT RIGHTS Cranberries, fresh; U. S. con­ miscellaneous a m e n d m e n t s sumer standards for______5031 The following amendments are effec­ Sec. Lemons grown in California and 10.101 Basic eligibility for reemployment Arizona; limitation of ship­ tive August 1,1956: rig h ts. 1. Section 1.102 (n) and (o) are 10.102 Letter of Authority. ments______-______5032 amended as set out below. 10.103 Standards for issuing Letters of Limes grown in Florida; quality A u th o rity . and Size______5033 § 1.102 Definitions. * * * 10.104 Request for Letter of Authority. Oranges, Valencia, grown in Ari­ (n) “Obligated position” means a po­ 10.105 Appeal of losing agency. zona and designated part of sition to which an employee has a stat­ 10.106 Expiration of reemployment rights. California; limitation of han­ utory restoration right based on active 10.107 Exercise or termination of reemploy­ dling______5032 military duty or reemployment rights ment rights. 10.108 Agency’s obligation to reemploy. Raisins; produced from raisin based on Part 10 of this chapter. 10.109 Employee appeals to the Commission. variety grapes grown in Cali­ (o) “Active military duty” means ac­ 10.110 Exercise or termination of reemploy­ fornia; correction_____ '____ 5033 tive duty in full pay status in the armed ment rights granted under pre­ Agricultural Research Service forces of the United States, including vious regulations. Proposed rule making: an initial period of active duty for train­ Authority: §§ 10.101 to 10.110 issued under Certain poultry, poultry prod­ ing in the armed forces in accordance R. S. 1753, sec. 2, 22 Stat. 403, as amended, ucts, and materials; restric- with section 262 of the Armed Forces sec. 1310, 65 Stat. 757, as amended; 5 U. S. C. tions on interstate movement Reserve Act of 1952, as amended by the 631, 633; 43 note. because of psittacosis or orni- Reserve Forces Act of 1955 (69 Stat. 600). § 10.101 Basic eligibility for reemploy­ thosis______5065 (R. s. 1753, sec. 2, 22 S ta t. 403; 5 U. S. C. 631, ment rights—(a) Employees eligible. Rules and regulations: 633) The following groups of employees in the Mediterranean fruit fly; domes­ •executive branch of the Government are tic quarantine notices------5032 2. Subpart E of Part 2 is redesignated eligible to be granted reemployment Vesicular exanthema; changes "Promotion, Demotion, Reassignment, rights when they are hired by another in areas quarantined------5043 and Transfer” and §§ 2.109 (b), 2.501

CONTENTS—-Continued CONTENTS— Continued Army Department Pa§e Federal Communications Com- Paee FEDERALMREGISTER See Engineers Corps. '»3* ¿y mission—-Continued r Un it e d ’ ■ Business and Defense Services Proposed rule making: Administration Antenna structures; construc­ Published daily, except Sundays, Mondays, Rules and regulations: tion, marking and lighting; and days following official Federal holidays, extension of time for filing by the Federal Register Division, National Restrictions on steel shipments Archives and Records Service, General Serv­ by distributers and accept­ - comments ______5C63 ices Administration, pursuant to the au­ ance of deliveries______5057 Rules and regulations: Radiation devices; incidental thority contained in the Federal Register Act, Civil Aeronautics Administra­ approved July 26, 1935 (49 Stat. 500, as and restricted; power line in­ amended; 44 U. S. C., ch. 8B), under regula­ tion terference limits and certifi­ tions prescribed by the Administrative Com­ Rules and regulations: cation ------5058 mittee of the Federal Register, approved by Alterations : the President. Distribution is made only by Restricted areas______5049 Federal Power Commission the Superintendent of Documents, Govern­ Standard instrument ap­ Notices: ment Printing Office, Washington 25, D. C. proach procedures______5050 Blackwell Oil & Gas Co. et al.; T h e F ederal Register will be furnished by mall to subscribers, free of postage, for $1.50 Civil Service Commission order granting further post- per month or $15.00 per year, payable in Rules and regulations: ponement of hearing______5073 advance. The charge for Individual copies Exceptions from competitive Rules and regulations: (minimum 15 cents) varies in proportion to Practice and procedure; type­ the size of the issue. Remit check or money service; Interior Department- 5031 written form_____ 5055 order, made payable to the Superintendent Miscellaneous amendments : of Documents, directly to the Government Coverage and definitions—__ 5027 Fish and Wildlife Service Printing Office, W ashington 25, D. C. Employment without reem­ Rules and regulations: The regulatory material appearing herein ployment rights______5027 Alaska commercial fisheries: Is keyed to the Code of Federal Regulations, Filling competitive positions- 5027 Bristol Bay Area______5059 which is published, under 50 titles, pursuant Restoration of Federal em­ to section 11 of the Federal Register Act, as High Seas Salmon Fishery__ 5059 amended August 5, 1953. The Code of Fed­ ployees after active military eral Regulations is sold by the Superin­ duty ------5027 Food and Drug Administration tendent of Documents. Prices of books and Retention preference regula­ Rules and regulations: pocket supplements vary. tions for use in reductions Canned vegetables; definitions There are no restrictions on the re­ in force______5027 and standards of identity; publication of material appearing in the quality; and fill of container— 5046 F ederal Register, o r th e Code of F ederal Commerce Department R egulations. See Business and Defense Services Cheeses; processed cheeses; Administration; Civil Aeronau­ cheese foods; cheese spreads; tics Administration; Foreign and related foods; definitions Commerce Bureau. and standards of identity___ 5046 Pesticide chemicals; in or on CFR SUPPLEMENTS Commodity Credit Corporation raw agricultural commodi­ Rules and regulations: (As of January 1, 1956) ties; tolerances for residues Oats and rye; loan and purchase of 3-(p-Chlorophenyl) -1,1- agreement program, 1956 Dimethylurea ______5046 The following Supplements are now crop; support rates; correc­ available: tion———------5031 Foreign Commerce Bureau Title 26 H 954) Part 221 to Commodity Stabilization Service Rules and regulations : Proposed rule making: Collectors of Customs; enemy end (Rev., 1955) attack; authority to exercise ($2.25) 1957 crop of upland cotton; no­ tice of certain determinations- 5063 export control authority___ 5045 Title 38 ($2.00) Customs Bureau General Services Administration Rules and regulations: Notices: Titles 44-45 ($1.00) Importation of articles in con­ Secretary of Defense; delegation nection with Americas’ New of authority with respect to Title 50 ($0.60) Frontiers Exposition at Okla­ disposal of certain additions homa City, Okla_____i____ 5046 and improvements to plant of Previously announced: Title 3, 1955 Supp. Westinghouse Electric Cor­ ($2.00); Title* 4 and 5 ($1.00); Title 6 ($1.75); Defense Department Title 7: Part* 1-209 ($1.25), Parts 210-899 See Engineers Corps. poration, Sunnyvale, Calif., (Rev., 1955) with Supplement ($4.50), Parts N-CAL-561______5073 900-959 (Rev., 1955) ($6.00), Part 960 to end Defense Mobilization Office (Rev., 1955) with Supplement ($5.85); Title 8 Rules and regulations: Health, Education, and Welfare ($0.50); Title 9 ($0.70); Titles 10-13 ($0.70); Title 14: Part* 1-300 ($2.50), Part 400 to end Small Business Administration; Department ($1.00); Title 15 ($1.00); Title 16 ($1.25); Title assignment of responsibilities 17 ($0.60); Title 18 ($0.50); Title 19 ($0.50); See Food and Drug Administra­ Title 20 ($1.00); Title 21 (Rev., 1955) ($5.SdT; to _ ------— ------5057 tion. • Titje* 22 and 23 ($1.00); Title 24 ($0.75); Title 25 ($0.50); Title 26 (1954) Part* 1-220 (Rev., Engineers Corps 1955) ($2.00); Title 26: Part* 1-79 ($0.35), Parts Rules and regulations: Housing and Home Finance 80-169 ($0.50), Parts 170-182 ($0.30), Parts Anchorage regulations; Narra- Agency 183—299 ($0.35), Part 300 to end, Ch. 1, and Title 27 ($1.00); Title* 28 and 29 ($1.25); Titles gansett Bay, R. I______5058 Notices: 30 and 31 ($1.25); Title 32: Part* 1-399 ($0.60), Public Housing Administration; Parts 400-699 ($0.65), Part* 700-799 ($0.35), Federal Communications Com­ Part* 800-1099 ($0.40), Part 110O to end mission Fort Worth Regional Office— 5073 ($0.35); Title 32A (Rev., 1955) ($1.25); Title 33 ($1.50); Titles 35-37 ($1.00); Title 39 (Rev., Notices: Indian Affairs Bureau^ 1955) ($4.25); Titles 40-42 ($0.65); Title 43 Hearings, etc.: ($0.50); Title 46: Parts 1-145 ($0.60), Part 146 Rules and regulations : to end ($1.25); Titles 47 and 48 ($2.25); Title Citizens Broadcasting Co. and Restricted Indian lands; leases 49: Parts 1-70 ($0.60), Parts 71-90 ($1.00), Salem Broadcasting Co___ 5068 and sale of minerals______5048 Parts 91-164 ($0.50), Part 165 to end ($0.65) KTAR Broadcasting Co. Interior Department Order from Superintendent of Documents, CKVAR) ______5068 Government Printing Office, Washington Mitchell, O. R. Motors, et al__ 5070 See also Fish and Wildlife Serv­ 25, D. C. Taylor Broadcasting Co. and ice; Indian Affairs Bureau; Garden of the Gods Broad­ Land Management Bureau; casting Co______5068 Reclamation Bureau. Saturday, July 7, 1956 FEDERAL REGISTER 5029

CONTENTS— Continued CONTENTS— Continued CODIFICATION GUIDE— Con. Interior Department— Con. Page United States Information Page Title 21 Page Notices: Agency Chapter I: Oregon; exchanging adminis­ Notices: Part 19____ 5046 trative jurisdiction of certain Certain officials of Administra­ Part 51______5046 Oregon and California rail­ tive Services Division ; delega­ Part 120______5046 road grant lands and national tion of authority for procure- Title 25 forest lands; correction.— 5067 ment transactions______5075 Chapter I: Wyoming; restoring to tribal Wage and Hour Division Part 183______5048 ownership minerals reserved Rules and regulations: Part 186______5048 to United States. -----;— ---- 5067 Carriers by air; miscellaneous Part 189___ 5048 Internal Revenue Service exemptions______.___ _—,. 5056 Part 192______5048 Part 195______i.*______5048 Proposed rule making: Industries of a seasonal nature ; Income tax; taxable years be­ cleaning and preparing cer­ Title 26 (1954) ginning after Dec. 31, 1953— 5059 tain grass and forage seeds—_ 5055 Chapter I: Retail or service establishment Part 1 (proposed)------. . . EC 59 Interstate Commerce Commis­ and related exemptions; ap­ sion plication of exemption to au­ Title 29 Notices: tomotive trade______5055 Chapter V: Duluth, Winnipeg and Pacific Part 526______5055 Railway Co.; rerouting or di­ CODIFICATION GUIDE Part 779______5055 version of traffic— ------5076 A numerical list of the parts of the Code Fart 786______5056 Fourth section applications for of Federal Regulations affected by documents Title 31 relief (2 documents) ___ 5076,5077 published in this issue. Proposed rules, as Chapter I: Railroads serving ports where opposed to final actions, are identified as Part 129______;______5056 ore is transferred from vessels su c h . to cars; issuance or revocation Title 5 Page Title 32A of permits..____ :------5077 Chapter I: Chapter I (ODM): - Part 1______5027 DMO 1-24______5057 Justice Department Part 2______.______5027 Chapter VI (BDSA): See Alien Property Office. Part 6______5031 DMS Reg. 1, Dir. 7_____ 5057 Labor Department Part 1 0 ...____ —______5027 Title 33 See Wage and Hour Division. Part 20______5027 Chapter II: Part 35______5027 Part 202______5058 Land Management Bureau Title 6 Title 39 Notices: Chapter IV: Chapter I: Colorado; proposed withdrawal Part 421___:______5031 Part 92------5058 and reservation of lands------5066 Contracts and leases; delegation Title 7 Title 47 of authority. ------— 5066 Chapter I: Chapter I: Part 51---- 5031 Part 1 (proposed)------5066 Post Office Department Part 53 (proposed)------5063 Part 15______- 5058 Rules and regulations: Chapter III: Part 17 (proposed)______5066 Transportation of mail by rail­ Part 301______—- 5032 roads______...— 5058 Chapter VII: Title 50 Part 722 (proposed)------5063 Chapter I: Reclamation Bureau Chapter IX: Part 104______5059 Notices: Part 922______—_ 5032 Part 130------5059 Colorado River Storage Project, Part 943 (proposed)______5063 Utah; first form reclamation Part 953______5032 withdrawal (2 documents).— 5067 (2) Is serving in an obligated posi­ Part 989______5033 tion; Part 1001______- 5033 (3) Is serving with reemployment Securities and Exchange Com­ Chapter XI: mission Part 1101______5034 rights granted under this chapter; Notices: (4) Has received a notice of involun­ Hearings, etc.: Title 9 tary separation because of reduction in Consolidated Natural Gas Co. Chapter I: force or otherwise; or et al______— ----- 5073 Part 76______5043 (5) Has already submitted a resigna­ Jersey Central Power & Light Part 82 (proposed)------5065 tion. Co. and General Public Title 13 § 10.102 Letter of Authority^-(a,) Def­ Utilities Corp____ _— 5075 Chapter II: inition. A Letter of Authority is an au­ Monongahela Power Co. and Part 101______5044 thorization from the Commission to an Marietta Electric Co------5074 agency appointing officer to grant reem­ Title 14 ployment rights. Small Business Administration Chapter II: (b) Scope of authority. A Letter of Rules and regulations: Part 608______5049 Authority shall specify the conditions Loan policy statement______5044 Part 609______5050 under which it may be used, including the Treasury Department Title 15 types of positions covered and the organ­ See also Customs Bureau; Inter­ Chapter HI: izational and geographic areas to which Part 384------5045 it is restricted. nal Revenue Service. (c) Time limit of authority. A Letter Notices: - Title 18 of Authority sha1! remain in force for Commandant, U. S. Coast Chapter I: one year from date of issuance unless Guard; delegation of func­ Part 1______— 5055 tions to___ ... ___ .'______5068 previously revoked by the Commission. Rules and regulations: Title 19 Renewals or extensions will not be is­ Values of foreign moneys; quar­ Chapter I: sued unless justified by exceptional cir­ ter beginning July 1,1956----- 5056 Part 75______5046 cumstances. 5030 RULES AND REGULATIONS § 10.103 Standards for issuing Letters (4) At any time prior to the expirationapply for reemployment at any time of Authority. The Commission will de­ of the term of reemployment rights with prior to February 1, 1957. Reemploy­ termine the standards to be used in the written consent of the current em­ ment rights of the classes of employees issuing Letters of Authority, which shall ploying agency if application for reem­ listed below shall be terminated if not include the following: ployment is made within thirty (30) days exercised within the time limits speci­ (1) The positions to be filled must after date of separation, or after receipt fied: be related to emergency situations for of advance notice of proposed demotion (1) Employees restored under Part 35 which the usual recruiting methods are by the current employing agency. of this Chapter must exercise their re­ inadequate; (b) Termination. An employee’s employment rights by February 1, 1957, (2) The positions must be a part of rights shall be terminated if: or at the end of any statutory retention a specific program immediately essential (1) He fails to apply within the time period, whichever is later. to the national interest; limits stated above, (2) Employees serving outside the (3) The positions must be essential to (2) He resigns without the written continental United States under a trans­ the functioning of the program; consent of the current employing agency, portation agreement must exercise such (4) There must be substantial basis or rights by February 1, 1957, or three (3) for the belief that reemployment rights (3) Within ten (10) calendar days, he months after the date they become eligi­ will be a significant and reasonable aid fails to accept an offer of reemployment ble for return transportation at Govern­ in meeting the emergency situation. made under section 10.108 which is de­ ment expense, whichever is later. § 10.104 Request for Letter of Au­ termined to be a proper offer of reem­ (3.) Persons notified that they cannot thority. When an agency believes that ployment by the reemploying agency or be restored under Part 35 to their latest the emergency situation is so critical as by the Commission upon appeal, grades or levels in the agencies they left to justify offers of reemployment rights, § 10.108 Agency’s obligation to reem­ to enter active military duty must apply it may request the Commission to issue ploy. (a) An employee entitled to reem­ for reemployment within forty (40) cal­ a Letter of Authority. In submitting ployment shall be reemployed by the endar days after receipt of such notifi­ such a request, the agency shall present responsible agency as promptly as pos­ cation. its justification in terms of the foregoing sible, but not more than thirty (30) (4) Employees who enter upon active standards. calendar days after receipt of his appli­ military duty on or after August 1, 1956, cation. The employee is entitled to re­ must apply for reemployment at least § 10.105 Appeal of losing agency. An employment in the occupational field and thirty (30) calendar days in advance of appointing officer who intends to employ at the same grade or level and in the their scheduled entry upon active mili­ with reemployment rights an employee same geographical area as the position tary duty. In such cases, these persons of another executive agency must give which the employee last held in that will be reemployed and separated or fur­ the losing agency written notice at least agency. If the reemployment would loughed for military service by the re­ ten (10) work days before the effective cause the separation-or demotion of an­ employing agency. date of the proposed action. If the los­ other employee, the applicant shall then (b) Employees who were involuntarily ing agency believes the grant of reem­ be considered an employee for the pur­ separated by a defense activity prior to ployment rights would be detrimental to pose of applying the Retention Prefer­ August 1,1956, must apply for reemploy­ the public interest, it may appeal the pro­ ence Regulations to determine to what, ment within forty (40) calendar days posed grant to the Commission within if any, position he is entitled. after the date of separation or their re­ five (5) work days after receipt of such (b) The reemploying agency may re­ employment rights shall be terminated. notice. The losing agency shall, at the employ the employee in a position of (c) Application for reemployment un­ same time, furnish a copy of the appeal higher grade than that to which he is der this section shall be honored by re­ to the prospective appointing officer, who entitled, but not if such reemployment sponsible agencies in- accordance with shall withhold the proposed grant pend­ would cause the displacement of another § 10.108. Denial of reemployment shall ing decision on the appeal. The Com­ employee. be subject to appeal under § 10.109. mission will determine whether the em­ (c) Upon reemployment in the Postal 4. Section 20.4 (c) (1) and (2) are ployee will be given reemployment rights Service, the employee shall be given the amended as set out below. and notify both agencies accordingly. If seniority he would have attained had he the losing agency does not appeal within remained in the Postal Service. § 20.4 Order of selection. * * * five (5) work days, the employee shall be (c) Determination, of tenure groups. granted reemployment rights. (d) An agency may refuse action to * * * reemploy under this section only when (1) Group I. This group consists of § 10.106 Expiration of reemployment the employee was last separated for career employees who have completed rights. Reemployment rights granted serious cause evidencing his unsuitability probation and who are not indefinite under a Letter of Authority shall expire for reemployment. because they occupy obligated positions. at the end of two (2) years following the § 10.109 Employee appeals to the Career .employees serving under tem­ date of the personnel action, unless exer­ Commission. Any employee with reem­ porary or indefinite promotions shall be cised or otherwise terminated before that ployment rights who is denied reemploy­ considered in this group with respect to time, except that the reemployment ment must be so informed in writing by positions at and below the grade in which rights of an employee serving outside the agency. In the same notice, the they last served on a permanent basis. continental United States shall extend agency must inform him of his right to for an additional period of three (3) (2) Group II. This group includes months. appeal to the Commission within ten career employees who are serving proba­ (10) calendar days after receipt of the tionary periods, all career-conditional § 10.107 Exercise or termination of notice. This time limit may be extended employees, and career employees who are reemployment rights—(a) Exercise. An upon a showing by the employee that cir­ indefinite because they occupy obligated employee must apply for reemployment cumstances beyond his control prevented positions. within the time limits set forth below. him from filing his appeal within the (1) Within thirty (30) calendar «days time limit. Pinal decision of his right to (Secs. 11, 19, 58 Stat. 390, 391; 5 17. S. C. reemployment shall be made by the 860, 868) prior to the expiration of the term of Commission. reemployment rights. 5. Paragraph (c) of § 35.5 is revoked. (2) Within thirty (30) calendar days § 10.110 Exercise or termination of (Sec. 9, 62 Stat. 614, as amended; 50 IT. S. C. reemployment rights granted under pre­ App. 459. E. O. 10180, 15 F. R. 7745; 3 CFR after receipt of notice of involuntary 1950 Supp.) separation. vious- regulations, (a) Reemployment rights granted upon defense transfer U n it e d S ta t es C iv il S erv­ (3) At least thirty (30) calendar days prior to August 1, 1956, under authority in advance of his scheduled entry into of Executive Order 10180 or 10577 shall ic e C o m m is s io n , active military duty. In such cases the terminate on January 31,1957, except as [ s e a l ] W m . C . H u l l , person shall be reemployed and separated provided below. Employees serving with Executive Assistant. or furloughed for military service by the such rights on August 1,1956, or who are [F. R. Doc. 56-5404; Filed, July 6, 1956; reemploying agency. on active military duty on that date, may 8:56 a. m.] Saturday, July 7, 1956 FEDERAL REGISTER 5031

P art 6—E x c e p t io n s F r o m t h e States Consumer Standards for Fresh § 51.2779 Clean. "“Clean” means that C o m p e t it iv e S e r v ic e Cranberries. the cranberries are practically free from After consideration of all relevant dirt, dust, spray residue, or other foreign DEPARTMENT OF THE INTERIOR matters presented, including the pro­ material. Effective upon publication in the F ed ­ posal set forth in the aforesaid notice, § 51.2780 Mature. “Mature” means e r a l R e g is t e r , paragraph July 2, 1956. DEFINITIONS [ s e a l ] R o y L e n n a r t s o n , 1 Packing of- the product in conformity W. with the requirements of these standards § 51.2778 Similar varietal character­ Deputy Administrator, shall not excuse failure to comply with the istics. “Similar varietal characteristics” Marketing Services. provisions of the Federal Food, Drug and means that the cranberries in the con­ [F. R. Doc. 56-5373; Filed, July 6, 1956; Cosmetic Act. tainer are similar in color and shape. 8:49 a. m.] 5032 RULES AND REGULATIONS

Chapter IU— Agricultural Research date thereof less than 30 days after pub­ the committee, and information con­ Service, Department of Agriculture lication in the F ederal R e g is t e r . cerning such provisions and effective time has been disseminated among han­ [P. P. C. 615, 2nd Revision] (Sec. 9, 37 Stat. 318; 7U . S. C. 162. Inter­ prets or applies sec. 8, 37 Stat. 318, as dlers of such Valencia oranges; it is nec­ P art 301—D o m e s t ic Q u a r a n t in e N o t ic e s amended; 7 U. S. C. 161) essary, in order to effectuate the declared policy of the act, to make this section S u b pa rt—M editerranean F r u it F l y Done at Washington, D. C., this 2d day of July 1956. effective during the period herein speci­ ADMINISTRATIVE INSTRUCTIONS DESIGNATING fied; and compliance with this section CERTAIN LOCALITIES AS REGULATED AREA [ s e a l ] L . F . C u r l , will not require any special preparation Acting Chief, on the part of persons subject thereto Pursuant to § 301,78-2 of the regula­ Plant Pest Control Branch. which cannot be completed on or before tions supplemental to the Mediterranean the effective date hereof. Fruit Fly Quarantine (7 CFR Supp. [P. R. Doc. 56-5380; Filed, July 6, 1956; 8:49 a. m.] (b) Order. (1) The quantity of Va­ 301.78-2, 21 F. R. 3214), under sections lencia oranges grown in Arizona and 8 and 9 of the Plant Quarantine Act of designated part of California which may 1912, as amended (7 U. S. C. 161, 162) , be handled during the period beginning administrative instructions issued as 7 at 12:01 a. m., P. s. t., July 8, 1956, and CFR Supp. 301.78-2a (21 F. R. 3216), Chapter IX— Agricultural Marketing ending at 12:01 a. m., P. s. t., July 15, effective May 16,1956, as amended effec­ Service (Marketing Agreements and 1956, is hereby fixed as follows: tive June 1, 1956 (21 F. R. 3722), are Orders), Department of Agriculture hereby amended to read as follows: (1) District 1: Unlimited movement; [Valencia Orange Reg. 76] (ii) District 2: 739,200 cartons; § 301.78-2a Administrative instruc­ (iii) District3: Unlimited movement. tions designating regulated area under P art 922—V a len cia O r a ng es G r o w n i n (2) All Valencia oranges handled dur­ the Mediterranean fruit fly quarantine A r izo n a and D e s ig n a t e d P art o f C a l i­ ing the period specified in this section are and regulations. Infestations of the f o r n ia subject also to all applicable size restric­ Mediterranean fruit fly have been de­ LIMITATION OF HANDLING tions which are in effect pursuant to this termined to exist in the civil divisions part during such period. listed below. Accordingly, such civil § 922.376 Valencia Orange Regulation (3) As used in this section, “handled,” divisions are hereby designated as the 76—(a) Findings. (1) Pursuant to the “handler,” “District 1,” “District 2,” Mediterranean fruit fly regulated area marketing agreement and Order No. 22, “District 3,” and “carton” have the same within the meaning of the provisions in as amended (7 CFR Part 922; 21 F. R. meaning as when used in said marketing this subpart: 4392), regulating the handling of Va­ agreement and order, as amended. lencia oranges grown in Arizona and des­ Florida. The counties of Broward, Collier, ignated part of California, effective un­ (Sec. 5, 49 Stat. 753, ‘as amended; 7 U. S. C. Dade, Hendry, Lee, and Palm Beach. der the applicable provisions of the 608c) These amended administrative in­ Agricultural Marketing Agreement Act Dated: July 6, 1956. structions shall become effective July 7, of 1937, as amended (7 U. S. C. 601 et 1956. seq.; 68 Stat. 906, 1047), and upon the , [ s e a l ] G . R . G r a n g e, The purpose of the amendment is to basis of the recommendations and infor­ Acting Directory Fruit and Vege­ add the Florida counties of Collier, Hen­ mation submitted by the Valencia table Division, Agricultural dry, and Lee to the list of counties in Orange Administrative Committee, es­ Marketing Service. which Mediterranean fruit fly infesta­ tablished under the said order, and upon [P. R. Doc. 56-5458; Piled, July 6, 1956; tions have been determined to exist, and other available information, it is hereby 11:25 a. m.] designate these three counties as part found that the limitation of handling of of the area regulated under the Mediter­ such Valencia oranges, as hereinafter ranean fruit fly quarantine and regula­ provided, will tend to effectuate the de­ tions. clared policy of the act'. [Lemon Reg. 649] Recent survey and trapping records (2) It is hereby further found that it P art 953—L e m o n s G r o w n i n C a lifo rn ia show that Mediterranean fruit fly in­ is impracticable and contrary to the pub­ and A rizo n a festation is more prevalent in Lee County lic interest to give preliminary notice, than was apparent earlier. Hendry and engage in public rule making procedure, l im it a t io n o f s h ip m e n t s Collier counties are not infested to the and postpone the effective date of this § 953.756 Lemon Regulation 649—(a) same extent as Lee County, but it is con­ section until 30 days after publication Findings. (1 ) Pursuant to the market­ sidered necessary to add these two coun­ thereof in the F ederal R e g is t e r (60 Stat. ing agreement, as amended, and Order ties to the regulated area because of their 237; 5 U. S. C. 1001 et seq.) because the No. 53, as amended (7 CFR Part 953; 20 inseparability for quarantine enforce­ time intervening between the date when F. R. 8451; 2l F. R. 4393), regulating the ment purposes from other infested information upon which this section is handling of lemons grown in the State localities. Although there are spot in­ based became available and the time of California or in the State of Arizona, festations north of the six counties in­ when this section must become effective effective under the applicable provisions cluded in the extended regulated area, in order to effectuate the declared policy of the Agricultural Marketing Agree­ all of these have been treated with a of the act is insufficient, and a reason­ ment Act of 1937, as amended (7 U. S. C. malathion bait spray and are under able time is permitted, under the cir­ 601 et seq.; 68 Stat. 906, 1047), and upon regulation by the State in accordance cumstances, for preparation for such ef­ the basis of the recommendation and with their Florida Plant Act of 1927. fective time; and good cause exists for information submitted by the Lemon Consequently, it is not necessary to des­ making the provisions hereof effective ^Administrative Committee, established ignate these, isolated infestations as as hereinafter set forth. The Valencia under the said amended marketing part of the regulated area. Orange Administrative Committee held agreement and order, and upon other This amendment imposes restrictions an open meeting on July 5, 1956, available information, it is hereby found supplementing Mediterranean fruit fly after giving due notice thereof, to con­ that the limitation of the quantity of quarantine regulations already effec­ sider supply and market conditions for such lemons which may be handled, as tive. It must be made effective promptly Valencia oranges and the need for regu­ hereinafter provided, will tend to effec­ in order to carry out the purposes of the lation; interested persons were afforded tuate the declared policy of the act. regulations. Accordingly, under section an opportunity to submit information (2) It is hereby further found that it 4 of the Administrative Procedure Act and views at this meeting; the recom­ is impracticable and contrary to the pub­ (5 U. S. C. 1003), it is found upon good mendation and supporting information lic interest to give preliminary notice, cause that notice and other public pro­ for regulation during the period speci­ engage in public rule making procedure, fied herein was promptly submitted to and postpone the effective date of this cedure with respect to the foregoing the Department after such meeting was amendment are impracticable and con­ section until 30 days after publication held; the provisions of this section, in­ thereof in the F ederal R e g is t e r (60 Stat. trary to the public interest, and good cluding its effective time, are identical 237; 5 U. S. C. 1001 et seq.) because the cause is found for making the effective with the aforesaid recommendation of time intervening between the date when Saturday, July 7, 1956 M FEDERAL REGISTER 5033 information upon which this section is 2. In paragraph (d) of § 989.158 the sembled discussion of the current and based became available and the time word “standards” should read “stand­ prospective supply and demand condi­ when this section must become effective ard”. tions for limes by the District 1 members in order to effectuate the declared policy 3. In the eighth line of paragraph (e) of the committee on June 28, 1956; the of the act is insufficient, and a reasonable of § 989.159 the word “of” should read regulatory provisions of this section are time is permitted, under the circum­ “or”. identical with the aforesaid recommen­ stances, for preparation for Such effective 4. In the 19th line of § 989.166 “con­ dation of the committee, and informa­ time; and good cause exists for making ditions” should read “condition”. tion concerning such provisions has been the provisions hereof effective as herein­ 5. In the third sentence of § 989.166 disseminated among handlers of Flor­ after set forth. Shipments of lemons,* (d) “indentifiable” should read “identi­ ida limes; it is necessary, in order to grown in the State of California or in fiable”. effectuate the declared policy of the act, the State of Arizona, are currently sub­ to make this section effective during the ject to regulation pursuant to said period hereinafter set forth; and com­ amended marketing agreement and or­ pliance with this section will not require der; the recommendation and supporting [Lime Order 3] any special preparation on the' part of information for regulation during the the persons subject thereto which can­ period specified herein was promptly P art 1001—L im e s G r o w n i n F lo rid a not be completed by the effective time submitted to the Department after an q u a l it y and s iz e r e g u l a t io n hereof. open meeting of the Lemon Administra­ (b) Order. (1) Lime Order 1, as tive Committee on July 3, 1956, such § 1001.303 Lime Order 3—(a) Find­ amended (20 F. R. 4711, 4897, 6676; 21 meeting was held, after giving due notice ings. (1 ) Pursuant to the marketing F. R. 1819, 2650, 3872, 4256), is hereby thereof to consider recommendations for agreement and Order No. 101 (7 CFR terminated at 12:01 a. m., e. s. t., July regulation, and interested persons were Part 1001; 20 F. R. 4179) regulating the 8, 1956. afforded an opportunity to submit their handling of limes grown in Florida, ef­ (2) During the period beginning at. views at this meeting; the provisions of fective under the applicable provisions 12:01 a. m., e. s. t., July 8, 1956, and this section, including its effective time, of the Agricultural Marketing Agree­ ending at 12:01 a. m., e. s. t., May 1, are identical with the aforesaid recom­ ment Act of 1937, as amended (7 U. S. C. 1957, no handler shall handle: mendation of the committee, and in­ 601 et seq.; 68 Stat. 906, 1047), and (1) Any limes, including the group formation concerning such provisions upon the basis of the recommendations known as true limes (also known as Mex­ and effective time has been disseminated of the Florida Lime Administrative Com­ ican, West Indian, and Key limes and among handlers of such lemons; it is mittee,' established under the aforesaid by other synonyms) and the group necessary, in order to effectuate the de­ marketing agreement and order, and known as large fruited or Persian limes clared policy of the act, to make this sec­ upon other available information, it is (including Tahiti, Bearss, and similar tion effective during the period herein­ hereby found that the limitation of han­ varieties), grown in the State of Florida, after specified; and compliance with this dling of limes, as hereinafter provided, except the area West of the Suwannee section will not require any special prep­ will tend to effectuate the declared policy River, unless such limes grade at least aration on the part of persons subject of the act. U. S. No. 2 Mixed Color: Provided, That, thereto which cannot be completed by (2) It is hereby further found that it no requirement as to color shall be ap­ the effective time thereof. is impracticable and contrary to the pub­ plicable to any limes except those known (b) Order. (1) The quantity of lic interest to give preliminary notice, as large fruited or Persian limes (in­ lemons grown in the State of California engage in public rule-making procedure, cluding Tahiti, Bearss, and similar vari­ or in the State of Arizona which may be and postpone the effective date of this eties) . handled during the period beginning at section until 30 days after publication (ii) Any container of limes, grown in 12:01 a. m., P. s. t., July 8, 1956, and thereof in the F ederal R e g is t e r (60 Stat. the State of Florida, except the area west ending at 12:01 a. m., P. s. t., July 15, 237; 5 U. S. C. 1001 et seq.) in that, as of the Suwannee River, of the group 1956, is hereby fixed as follows: hereinafter set forth, the time interven­ known as large fruited or Persian limes (1) District 1: Unlimited movement; ing between the date when information (including Tahiti, Bearss, and similar

(Sec. 5, 49 Stat. 753, as amended; 7 U. S. C. Sec. Sec. 608c) 1101.818 Repair, upkeep, and maintenance 1101.855 Practice A-7: Initial establishment of practices. of a stand of trees or shrubs on Dated: July 3, 1956. 1101.819 Pooling agreements. farmland for erosion control, watershed protection, or forestry [ s e a l ] G . R . G ra n g e, P ractice Completion R equirements Acting Director, Fruit and Veg­ purposes. 1101.822 Completion of practices. etable Division, Agricultural 1101.823 Practices substantially completed Practices Primarily for Improvement and Marketing Service. during program year. Protection of Established Vegetative Cover [F. R. Doc. 56-5407; Filed, July 6, 1956; 1101.824 Practices requiring more than one 1101.857 Practice B-l: Improvement of an program year for completion. 8:57 a. m.] established vegetative cover for 1101.825 Practices involving the establish­ soil or watershed protection. ment or improvement of vegeta­ 1101.858 Practice B—2: Improvement of veg­ tive cover. etative cover on rangeland by 1101.826. Failure to meet minimum require­ artificial reseeding for soil pro­ Chapter XI— Agricultural Conserva­ m e n ts. te c tio n . tion Program Service, Department F ederal Cost-S hares • 1101.859 Practice B-3 : Controlling com­ of Agriculture petitive shrubs to permit growth 1101.827 Conservation materials and serv­ of adequate desirable vegetative P art 1101—N a tio n a l A gricultural ices. cover for soil protection on range C onservation 1101.828 Practices carried out with State or or pasture land. Federal aid. 1101.860 Practice B-4: Furrowing, chiseling, SUBART— 1957 1101.829 Division of Federal cost-shares. ripping, scarifying, pitting, or 1101.830 Increase in small Federal cost- listing noncrop grazing land to Our agricultural resources produce shares. prevent soil loss, retard runoff, about two-thirds of the raw materials Maximum Federal cost-share limi­ 1101.831 and improve water penetration. ta tio n . , on which our national economy is based. 1101.861 Practice B-5: Constructing wells 1101.832 Persons eligible to file application As our nation grows, an expanding eco­ for livestock water as a means for payment of Federal cost- nomy and the raw materials essential to of protecting vegetative cover. shares. it become ever increasingly important to -1101.862 Practice B- 6 : Developing springs 1101.833 Time and manner of filing appli­ the welfare of every citizen. cation and required information. or seeps for livestock water as a Through the Agricultural Conserva­ 1101.834 A ppeals. means of protecting vegetative tion Program, all the people of the nation cover. share in the cost of protecting the most General Provisions R elating to F ederal 1101.863 Practice B-7 : Constructing or Cost-S haring sealing dams, pits, or ponds as a vital of our natural resources—our farm means of protecting vegetative and ranch lands. This program is one 1101.835 Compliance with regulatory meas­ cover. of the many forms of public assistance u res. 1101.864 Practice B-8 : Installing pipelines 1101.836 Maintenance of practices. essential to this protection. Research, for livestock water as a means of education, technical services, and cost­ 1101.837 Practiçes defeating purposes of protecting vegetative cover. program s. 1101.865 Practice B-9: Constructing perma­ sharing all are designed to help preserve 1101.838 Depriving others of Federal cost- or restore the physical characteristics of nent fences as a means of pro­ sh are. tecting vegetative cover. 1101.839 Filing of false claims. our agricultural lands so that a stable ag­ , 1101.866 Practice B-10 : Improvement of a 1101.840 riculture will be assured. The need for Misuse of purchase orders. stand of forest trees for erosion 1101.841 achievements beyond those which come Federal cost-shares not subject to control, watershed protection, or claim s. just from wise use of the land for crop forestry purposes. production is very great. Pull utilization 1101.842 Assignments. Practices Primarily for the Conservation and of the 1957 Agricultural Conservation Definitio ns Disposal of Water... Program should be made in every county 1101.845 Definitions. in the nation. 1101.868 Practice C-l : Initial establish­ Authority, Availability of F unds, and ment of permanent sod water­ I ntroduction Applicability ways to dispose of excess water Sec. 1101.846 Authority. without causing erosion. 1101.800 Introduction. 1101.869 1101.847 Availability of funds. Practice C-2: Initial establish­ General Program P rinciples 1101.848 Applicability. ment of permanent vegetation as protection against erosion. 1101.801 Generalprogramprincipl.es. Conservation Practices 1101.870 Practice C-3 : Initial establish­ ment of orchards, vineyards, D istribution of Funds CONSERVATION PRACTICES WITH ENDURING bush fruits, strawberries, or 1101.802 Statefunds. BENEFITS----WHERE PROPERLY APPLIED AND perennial vegetables on the con­ 1101.803 County funds. maintained tour to prevent erosion. 1101.871 Practice C-4: Constructing ter­ S tate and County Agricultural Practices Primarily for Establishment of Per­ races to detain or control the flow Conservation P rograms manent Protective Cover of water and check soil erosion. 1101.804 Agencies to participate in develop­ 1101.849 Practice A-l : Initial establishment 1101.872 Practice C—5: Constructing diver­ ment of State programs. of a permanent vegetative cover sion terraces, ditches, or dikes to 1101.805 Agencies to participate in develop­ in orchards ànd vineyards for intercept runoff and divert ex­ ment of county programs. control of erosion. cess water to protected outlets. 1101.806 Selection of practices. 1101.850 Practice A—2: Initial establishment 1101.873 P ra c tic e C-6 : Constructing erosion 1101.807 Adaptation of practices. of a permanent vegetative cover control, detention, or sediment 1101.808 Practice specifications. for soil protection or as a needed retention dams to prevent or 1101.809 Use of liming materials and com­ land-use adjustment. heal gullying or to retard or re­ mercial fertilizers. 1101.851 Practice A-3 : Establishment of ad­ duce runoff of water. 1101.810 Responsibility for technical phases ditional acreages of vegetative 1101.874 Practice C—7: Constructing chan­ of practices. cover in crop rotation to retard nel lining, chutes, drop spill­ 1101.811 Rates of cost-sharing. erosion and to improve soil ways., pipe drops, drop inlets, or 1101.812 Items of cost on which rates of structure, permeability, or wa­ similar structures for the pro­ cost-sharing* may be based. ter-holding capacity. tection of outlets and water 1101.813 State handbooks, bulletins, in­ 1101.852 Practice A-4: Initial treatment of channels that dispose of excess structions, and forms. farmland to permit the use of w ater. legumes and grasses for soil im­ 11Ô1.875 P ra c tic e C -8 : Streambank or shore Approval of Conservation P ractices o n protection, channel clearance, Individual Farms or Ranches provement and protection. 1101.853 Practice A-5 : Initial establishment enlargement or realinement, or 1101.814 Opportunity for requesting cost­ of contour stripcropping to pro­ construction of floodways, levees, sharing. tect -soil from wind or water or dikes, to prevent erosion or 1101.815 Prior request for cost-sharing. erosion. flood damage to farmland. 1101.816 Method and extent of approval. 1101.854 P ra c tic e A—6 : Initial establishment 1101.876 Practice C—9: Constructing perma­ 1101.817 Initial establishment or intsalla- of field stripcropping to protect nent open drainage systems to tion of practices. soil from wind or water erosion. dispose of excess water. Saturday, July 7, 1956 FEDERAL REGÏSTER 5035

Sec. anee with the provisions contained in farmers and ranchers Should assume re­ 1101.877 Practice C-10: Installing under­ this subpart and such modifications sponsibility for the unkeep and mainte­ ground drainage systems to dis­ thereof as may hereafter be made. nance of those practices through their pose of excess water. life span. The State and county pro­ 1101.878 Practice 0-1.1: Shaping or land • (b) Information with respect to the grading to permit effective sur­ several practices for which costs will be grams shall specify the life span of eli­ face drainage. shared when carried out on a particular gible practices. 1101.879 Practice C-12: Reorganizing irri­ farm or ranch, and the exact specifica­ D istribution o f F u n d s gation systems to conserve water tions and rates of cost-sharing for such and prevent erosion! practices, may be obtained from the § 1101.802 State funds. Funds avail­ 1101.880 Practice 0-13: Leveling land for county committee for the county in able for conservation practices will be more efficient lise óf irrigation which the farm or ranch is located or distributed among States on the basis of water and to prevent erosion. from the State committee. conservation needs, but the proportion 1101.881 Practice C-14: Constructing or lin­ allocated for use in any State shall not ing dams, pits, or ponds for ir­ G e n e ra l P rogram P r in c ip l e s rigation water. ’ be reduced more than 15 percent from its 1101.882 Practice C-15: Lining irrigation § 1101.801 General program princi­ proportionate 1956 distribution. ditches to prevent erosion and ples. The 1957 National Agricultural § 1101.803 County funds. The State loss of water by seepage. Conservation Program has been devel­ committee will allocate the funds avail­ 1101.883 P ra c tic e C -1 6 : Constructing oped and is to be carried out on the basis able for conservation practices among spreader ditches or dikes to di­ of the following general principles; vert and spread water to prevent the counties within the State, taking into erosion, to permit beneficial use (a) The national program contains consideration, to the extent practicable, of runoff, or to replenish ground broad authorities to help meet the varied the conservation needs in the counties water supply. soil and water conservation problems of within the State. the Nation. State and county commit­ CONSERVATION PRACTICES WITH BENEFITS OF S ta t e and C o u n t y A gricultural LIMITED DURATION----GENERALLY REQUIRING tees and participating agencies shall de­ C onservation P rogram s PERIODIC REPETITION sign a program for each State and county. Such programs should include § 1101.804 Agencies to participate in Practices Primarily for Establishing Tem po­ any additional limitations and restric­ rary Protective Vegetative Cover development of State programs, (a) A tions necessary for the maximum conser­ State agricultural conservation program 1101.885 Practice D-l: Establishment of vation accomplishment in the area. The (referred to in this subpart as “State vegetative cover for winter pro­ programs should be confined to the soil program”) shall be developed in each tection from erosion. and water conservation practices on State in accordance with the provisions 1101.886 Practice D-2 : Establishment of which Federal cost-sharing is most vegetative cover for summer pro­ contained in this subpart and such modi­ tection from erosion. needed in order to achieve the maximum fications thereof as may hereafter be 1101.887 Practice D-3: Establishment of conservation benefit in the State or made. The program shall be developed vegetative cover for green ma­ county. by the State committee (including the nure and for protection from (b) The State and county programs State Director of Extension), the State erosion. should be designed to encourage those Conservationist of the Soil Conservation 1101.888 Practice D-4: Establishment of soil and water conservation practices Service, and the Forest Service official vegetative cover to protect crop­ which provide the most enduring conser­ having jurisdiction of farm forestry in land throughout the 1957 crop vation benefits practicably attainable in year. the State. The President of the Land- 1957 on the lands where they are to be Grant College and the State Director of Practices Primarily for th e Temporary Pro­ applied. the Farmers Home Administration shall tection of Soil from Wind and Water Ero­ (c) Costs will be shared with a farmer sion be invited to designate representatives to or rancher only on satisfactorily per­ counsel with the group in the formula­ 1101.890 Practice E -l: Stubble mulching to formed soil and water conservation prac­ tion of the State program. The chair­ improve soil permeability and to tices for which Federal cost-sharing was man of the State committee shall invite protect soil from wind and waiter requested by the farmer or rancher be­ representatives of the State Soil Con­ erosion. fore the conservation work was begun. 1101.891 Practice E-2: Initial establishment servation Committee (Board or Commis­ of contour farming operations on (d) Costs should be shared only on sion), the State Agricultural Extension nonterraced land to protect soil. soil, and water conservation practices Service, and other State and Federal from wind or water erosion. which it is believed farmers or ranchers agricultural agencies to participate in its 1101.892 P ra ctice E -3 : W ind erosion co n tro l would not carry out to the needed extent deliberations on the State program. operations in serious wind ero­ without program assistance. In no event (b) The program for the State shall sion areas. should costs be shared on practices ex­ be that recommended by the State com­ CONSERVATION PRACTICES W ITH LIMITED AREA cept those which are. over an d . above mittee, the State Conservationist of the APPLICABILITY those farmers or ranchers would be com­ Soil Conservation Service, and the Forest pelled to perform in order to secure a Service official having jurisdiction of Practices to Meet Special County crop. farm forestry in the State, and approved Conservation Needs (e) That rates of cost-sharing in a by the Administrator, ACPS. 1101.894 P ra ctice P -1 : S pecial co n serv a tio n county or State are to be the minimum practices. required to result in substantially in­ § 1101.805 Agencies to participate in 1101.895 Practice F-2: County conservation creased performance of needed soil and development of county programs, (a) p ractices. water conservation practices within the A county agricultural conservation pro­ 1101.896 P ra ctice F -3 : P ra ctices to m eet limits prescribed-in the national pro­ gram (referred to in this subpart as new conservation problems. gram. “county program”) shall be developed Authority: §§ 1101.800 to 1101.896 issued (f) The purpose of the program is to in each county in accordance with the finder sec. 4, 49 Stat. 164; 16 U. S. C. 590d. help achieve additional conservation on provisions of the State program and Interpret or apply secs. 7-17, 49 Stat. 1148, as land now in agricultural production such modifications thereof as may be amended, Pub. Law 554, 84th Cong.; 16 rather than to bring more land into agri­ made. The county committee with the S. C. 590g-590q. cultural production. The program is not community committeemen, the desig­ applicable to the development of new or nated representative of the Soil Conser­ I ntroduction additional farmland as a result of drain­ vation Service in the» county with the § 1101.800 Introduction, (a) Through age. Such of the available funds that governing body of the Soil Conservation the 1957 Agricultural Conservation Pro­ cannot be wisely utilized for this purpose District, and the Federal Forest Service gram (referred to in this subpart as the will be returned to the public treasury. representative having jurisdiction of “1957 program”) administered by the (g) If the Federal Government shares farm forestry in the county with the Department of Agriculture, the Federal the cost of the initial application of soil farm forestry representatives of the Government will share with farmers and and water conservation practices which State, working with the County Agri­ ranchers in the continental United States farmers and ranchers otherwise would cultural Extension Agent for the county the cost of carrying out approved soil and not perform but which are essential to (if he is not included in the foregoing water conservation practices in accord- sound Soil and water conservation, the group as ex officio member of the county No. 131------2 5036 RULES AND REGULATIONS committee) and the County Supervisor vegetative cover. The needed liming installation, and (4) certification of per­ of the Farmers Home Administration, materials, rock phosphate, and gypsum formance. For the practice contained in shall develop recommendations for the may be applied under the practice con­ § 1101.868, the Soil Conservation Serv­ county program. tained in § 1101.852 or under a practice ice is responsible (1 ) for determining (b) The program for the county then which includes all of the measures es­ that the practice is needed and practica­ shall be formulated by the county com­ sential to the successful establishment or ble on the farm, and (2) for necessary mittee, the local Soil Conservation Serv­ improvement of the vegetative cover. site selection, other preliminary work, ice technician, and the Forest Serv­ For mechanical or construction type and layout work of the practice. For ice representative having jurisdiction of practices, the specifications shall include, the practices contained in §§ 1101.862, farm forestry in the county, in consulta­ where applicable, the types and sizes of 1101.864, and 1101.870, the Soil Conser­ tion with the governing body of the Soil material, installation or construction re­ vation Service is responsible for deter­ Conservation District on the. overall quirements, and other steps essential to mining that the practice is needed and conservation problems in the county and, the proper functioning of the structure. practicable on the farm. In addition, especially, on the work plans of the Soil For other practices, the specifications upon agreement of the State committee Conservation District and of the Federal shall include those steps essential to the and the State Conservationist of the agencies involved to assure the most successful performance of the practice. Soil Conservation Service, responsibility effective use of the available technical (c) Practice specifications shall pro­for all or part of the unassigned techni­ assistance and funds for cost-sharing. vide minimum performance require­ cal phases of these or other practices The program as formulated shall be rec­ ments which will qualify the practice for may be assigned to the Soil Conserva­ ommended to the State committee for cost-sharing and, where applicable, may tion Service for all counties in the State approval by the State committee, the also provide maximum limits of perform­ or for specified counties. The State State Conservationist of the Soil Conser­ ance which will be eligible for cost­ Conservationist erf the Soil Conservation vation Service, and the Forest Service sharing. The minimum performance Service may utilize assistance from pri­ official having jurisdiction of farm for­ requirements established for a practice vate, State, or Federal agencies in carry­ estry in the State, and upon such ap­ shall represent those levels of perform­ proval shall become the 1957 program for ance which are necessary to assure a ing out these assigned responsibilities. the county. The program recommenda­ satisfactory practice. The maximum These assigned responsibilities will not tion shall be signed by the chairman of limits of performance for cost-sharing apply in counties with respect to which the county committee, the Soil Conser­ established for a practice shall represent the Administrator, ACPS, and the Ad­ vation Service technician, and the For­ those levels of performance which are ministrator, SCS, agree that it would est Service representative where present needed in order for the practice to be not be administratively practicable for in the county, and shall state that the most effective in meeting the conserva­ the Soil Conservation Service to dis­ program was developed in consultation tion problem and which are not in excess charge these responsibilities. In such with the governing body of the Soil Con­ of levels for which cost-sharing can be counties, these responsibilities shall be servation District. justified. assumed by the county committees. (b) The Forest Service is responsible § 1101.806 Selection of “practices. § 1101.809 Use of liming materials and for the technical phases of the practices Practices to be included in the State pro­ commercial fertilizers, (a) For prac­ contained in §§ 1101.855 and 1101.866. gram or in the county program shall be tices which authorize Federal cost­ This responsibility shall include (1) pro­ only those practices for which cost-shar­ sharing for applications of liming ma­ viding necessary specialized technical ing is essential to permit accomplish­ terials and commercial fertilizers, the assistance, (2) development of specifica­ ment of needed conservation work which minimum application, and m a x im u m ap­ tions for forestry practices, and (3) would not otherwise be carried out in plication where applicable, on which working through State and county com­ the desired volume. cost-sharing is authorized shall, in each mittees, determining performance in § 1101.807 Adaptation of practices. case, be determined on the basis of a meeting these specifications. The For­ (a) The practices included in the State current soil test: Provided, however, est Service may utilize assistance from program must meet all conditions and That if the State committee determines private. State, or Federal agencies in requirements of the national program. that available facilities are not adequate carrying out these assigned responsi­ Additional conditions and requirements to permit the desired use of these bilities. practices under the program, it shall au­ may be included where necessary for § 1101.811 Rates of cost-sharing. effective use in meeting the conservation thorize, to the extent necessary, an al­ ternative basis for determination by the (a) The maximum Federal cost-share problems in the State. for each practice shall be the percentage (b) The practices included in the county committee of such applications. Such alternative basis shall be such as to of the average cost of performing the county program must meet all conditions practice considered necessary to obtain and requirements of the State program. insure beneficial use of Federal cost­ sharing approved and shall be formu­ the needed performance of the practice, Provisions shall be made in the State but which will be such that the farmer program for the adaptation of practices lated by the State committee in full consultation with the representatives of or rancher will make a substantial con­ in the county program for effective use tribution to the cost of performing the in meeting the conservation problems in the State and Federal agencies partici­ pating in the development of the State practice. Rates of cost-sharing shall the county, consistent with recognized program. not be in excess of 50 percent of the performance standards and program average cost of performing the prac­ policies and requirements. (b) The application of liming mate­ rials contained in commercial fertilizers, tices, except that: § 1101.808 Practice specifications, (a) rock phosphate, or basic slag will not (1) For the practices contained in Minimum specifications which prac­ qualify for Federal cost-sharing. The §§ 1101.853 to 1101.855, 1101.866, 1101.- tices must meet to be eligible for Federal application of manure will not qualify 868, 1101.869, 1101.871 to 1101.874, and cost-sharing shall be set forth in the for Federal cost-sharing; however, ma­ 1101.883, which have long lasting con­ State handbook or in the county pro­ nure may be used, where applicable, to servation benefits and from which the gram, or be incorporated therein by meet all or a part of the fertilizer re­ returns to the farmer or rancher are specific reference to a standard publi­ quirement for a practice. remote, the State committee, the State cation or other written document con­ Conservationist of the Soil Conservation taining such specifications. § 1101.810 Responsibility for techni­ Service, and the Forest Service official (b) For practices involving the estab­ cal phases of practices, (a) The Soil having jurisdiction of farm forestry in lishment or improvement of vegetative Conservation Service is responsible for the State may establish rates of cost­ cover, the specifications shall include, the technical phases of the practices sharing in excess of 50 percent of the where applicable, liming, fertilization, contained in §§ 1101.863 and 1101.871 to average cost of performing the practices. and seeding rates, eligible seeds and mix­ 1101.883. This responsibility shall in­ (2) Upon justification by the State clude (l)a finding that the practice is committee, the State Conservationist of tures, seeding dates, requirements for needed and practicable on the farm, (2) cultural operations and inoculation, and the Soil Conservation Service, and the necessary site selection, other prelimi­ Forest Service official having jurisdic­ other steps essential to the successful nary work, and layout work of the prac­ tion of farm forestry in the State, and establishment or improvement of the tice, (3) necessary supervision of the approval of the Administrator, ACPS, Saturday, July 7, 1956 FEDERAL REGISTER 5037 rates of cost-sharing in excess of 50 per­ most essential to the accomplishment of (c) The county committee believes cent of the average cost of performing the basic conservation objective of the that the replacement, enlargement, or the practices may be established for Department—the use of each acre of restoration of the practice merits consid­ other practices having long lasting con­ agricultural land within its capabilities eration under the program to an equal servation benefits and from which the and the treatment of each acre in ac­ extent with other practices for which returns to the farmer or rancher are cordance with its needs for protection cost-sharing has not been allowed under remote. and improvement. a previous program. (3) Upon justification by the State and county committees and designated § 1101.815 Prior request for cost­ § 1101.818 Repair, upkeep, and main­ representatives of the Soil Conservation sharing. Costs will be shared only for tenance of practices. Federal cost-shar­ Service and the Forest Service at both those practices, or components of prac­ ing is not authorized for repairs or for the State and county levels, the Admin- tices, for which cost-sharing is requested normal upkeep or maintenance of any by the farm or ranch operator before practice. * istrator, ACPS, may approve a rate of performance thereof is started, except cost-sharing for one or more additional that for the practices contained in § 1101.819 Pooling agreements. Farm­ practices in a county in excess of 50 per­ §§ 1101.892 and 1101.896, the Adminis­ ers or ranchers in any local area may cent of the average cost of performing trator, ACPS, may authorize the ac­ agree in writing, with the approval of the practice, but only if the increased ceptance of requests for cost-sharing the county committee, to perform desig­ rate of cost-sharing is essential to intro­ filed within a reasonable period after nated amounts of practices which, by duce a greatly needed new conservation performance thereof is started, such conserving or improving the agricultural practice into the county or to bring about period to be stated in the practice word­ resources of the community, will solve a greatly needed increase in the extent to ing. For practices for which (a) ap­ a mutual conservation problem on the which the practice otherwise would be proval was given under the 1956 farms of the participants. For purposes carried out. Agricultural Conservation Program, (b) of eligibility for cost-sharing, practices (b) For the purpose of establishing performance was started but not com­ carried out under such an approved writ­ rates of cost-sharing, the average cost of pleted during the 1956 program year, ten agreement wiH be regarded as having performing a practice may be the aver­ and (c) the county committee believes been carried out on the farms or ranches age cost for a State, a county, a part of the extension of the approval to the 1957 of the persons who performed the a county, or a farm or ranch, as deter­ practices. mined by the State committee. program is justified under the 1957 pro­ (c) The rates of Cost-sharing for prac­ gram regulations and provisions, the P ra ct ic e C o m p l e t io n R equirements tices included in the county program may filing of the request for cost-sharing § 1101.822 Completion of practices. be lower than the rates approved for gen­ under the 1956 program may be regarded Federal cost-sharing for the practices eral use in the State. as meeting the requirement of the 1957 contained in this subpart is conditioned program that a request for cost-sharing upon the performance of the practices § 1101.812 Items of cost on which be filed before performance of the prac­ in accordance with all applicable specifi­ rates of cost-sharing may be based. tice is started. cations and program provisions. Ex­ Except as otherwise provided by the § 1101.816 Method and extent of ap­ cept as provided in §§ 1101.823 to wording of the practices or elsewhere in proval. The county committee, in ac­ 1101.825, practices must be completed this subpart, the cost of any direct and cordance with a method approved by the during the program year in order to be significant factor in the performance of State committee, will determine the ex­ eligible for cost-sharing. a practice may be considered in estab­ tent to which Federal funds will be made lishing the rate of cost-sharing for the available to share the cost of each ap­ § 1101.823 Practices substantially practice. proved practice on each farm or ranch, completed during program year. Ap­ § 1101.813 State handbooks, bulletins, taking into consideration the county al­ proved practices may be deemed, for instructions, and forms. The Admin­ location, the conservation problems in purposes of payment of cost-shares, to istrator, ACPS, is authorized to prepare the county and of the individual farm have been carried out during the 1957 and issue State handbooks, bulletins, or ranch, and the conservation work for program year, if the county committee instructions, and forms required in ad­ which requested Federal cost-sharing is determines that they are substantially ministering the 1957 program. Copies considered by the county committee as completed by the end of the program of State handbooks, bulletins, instruc­ most needed in 1957. The method ap­ year. However, no cost-shares for such tions, and forms containing detailed in­ proved shall provide for the issuance of practices shall be paid until they have formation with respect to the 1957 notices of approval showing for each ap­ been completed in accordance with all program as it applies to specific States, proved practice the number of units of applicable specifications and program counties, areas, and farms and ranches the practice for which the Federal Gov­ provisions. will be available in the office of the State ernment will share in the cost and the § 1101.824 Practices requiring more committee and the office of the county amount of the Federal cost-share for the than one program year for completion. committee. Persons wishing to partici­ performance of that number of units of (a) Cost-sharing may be approved un­ pate in. the program should obtain from the practice. To the^extent practicable, der the 1957 program for a component the State committee or county committee notices of approved practices shall be is­ of a practice completed during the pro­ all information needed in order to com­ sued before performance of the practices gram year in accordance with all appli­ ply with all provisions of the program. is started. cable specifications and program provisions, provided: Approval o f C onservation P r a c t ic es o n § 1101.817 Initial establishment or in­ (1) The farmer or rancher agrees in I n d iv id u a l F a rm s or R a n c h e s stallation of practices. Federal cost­ writing to complete all remaining com­ § 1101.814 Opportunity for requesting sharing may be authorized under the ponents of the practice in accordance cost-sharing. Each farm or ranch oper­ 1957 program only for the initial estab­ with all applicable specifications and ator shall be given an opportunity to lishment or installation of the practices program provisions within the time pre­ request that the Federal Government contained in this subpart. The initial scribed by the county committee, if cost­ share in the cost of those practices on establishment or installation of a prac­ sharing is offered to him therefor under which he considers he needs such as­ tice, for the purposes of the 1957 pro­ a subsequent program; and sistance in order to permit their per- gram, shall be deemed to include the re­ (2) The county committee determines . formance in adequate volume on his placement, enlargement, or restoration of that under the circumstances prevailing farm or ranch. The comity committee, practices for which cost-sharing has been on the farm in 1957, completion of that taking into consideration the farmer’s allowed, if all of the following conditions component is a reasonable attainment in or rancher’s request and any conserva­ exist: 1957 toward the ultimate completion of tion plan developed by the farmer or (a) Replacement, enlargement, or res­ all components of the practice. rancher with the assistance of any State toration of the practice is needed to meet

Amount of cost-share Increase in § 1101.833 Time and manner of filing (b) Appeals considered under this sec­ computed—Con. cost-share application and required information. tion shall be decided in accordance with $16 to $16.99______$6.40 (a) It shall be the responsibility of per­ the provisions of this subpart and of the $17 to $17.99------6 .8 0 sons participating in the program to sub­ applicable State and county programs on $18 to $18.99------7.20 $19 to $19.99----- 7.60 mit to the county office forms and in­ the basis of the facts of the individual $20 to $20.99______8.0 0 formation needed to establish the extent case: Provided, That the Secretary, upon $21 to $21.99------8. 20 of the performance of approved con­ the recommendation of the Administra­ $22 to $22.99______8. 40 servation practices and compliance with tor, ACPS, and the State and county $23 to $23.99...... - 8. 60 applicable program provisions. Time committees, may waive the requirements $24 to $24.99__ —______8.8 0 limits with regard to the submission of of any such provision, where not pro­ $25 to $25.99------9.0 0 such forms and information shall be hibited by statute, if, in his judgment, $26 to $26.99______;------9.2 0 $27 to $27.99______9. 40 established where necessary for efficient such waiver under all the circumstances $28 to $28.99------9.6 0 administration of the program. Such is justified to permit a proper disposition $29 to $29.99______- 9.8 0 time limits shall afford a full and fair of appeal where the farmer, in rea­ $30 to $30.99______- 10. 00 opportunity to those eligible to file the sonable reliance on any instruction or $31 to $31.99------10.20 forms or information Within the period commitment of any member, employee, $32 to $32.99___ — 10. 40 prescribed. At least 2 weeks’ notice to Or representative of a State or county $33 to $33.99____ — 10.60 the public shall be given of any general committee, in good faith performed an $34 to $34.99------10. 80 eligible conservation practice and such $35 to $35.99______11.00 time limit prescribed. Such notice shall $36 to $36.99______11.20 be given by mailing notice to the office performance reasonably accomplished $37 to $37.99______11. 40 of each county committee and making the purpose of the practice. $38 to $38.99______11.60 copies available to the press. Other G e n e r a l P r o v is io n s R e l a t in g t o F ed era l $39 to $39.99______11.80 means of notification, including radio $40 to $40.99______.______12.00 announcements and individual notices to C o s t -S h a r in g $41 to $41.99______—------12. 10 persons affected, shall be used to the ex­ § 1101.835 Compliance with regula­ $42 to $42.99______12. 20 tent practicable. Notice of time limits tory measures. Persons who carry out $43 to $43.99______12.30 $44 to $44.99______12. 40 which are applicable to individual per­ conservation practices under the 1957 $45 to $45.99...... —------12. 50 sons, such as time limits for reporting program shall be responsible for obtain­ $46 to $46.99_------12.60performance of approved practices, shall ing the authorities, rights, easements, or $47 to $47.99------— 12.70 be issued in writing to the persons af­ other approvals necessary to the per­ $48 to $48.99______;______12. 80 fected. Exceptions to time limits may be formance and maintenance of the prac­ $49 to $49.99______12.90 made in cases where failure to submit tices in keeping with applicable laws and $50 to $50.99______13.00 required forms and information within regulations. The person with whom the $51 to $51.99------13.10 $52 to $52.99------13. 20 the applicable time limits is due to rea­ cost of the practice is shared shall be $53 to $53.99— — ...... — 13.30 sons beyond the control of the farmer responsible to the Federal Government $54 to $54.99,______— 13. 40 or rancher. for any losses it may sustained because $55 to $55.99-______— 13.50

The area must be protected from fire. and water channels that dispose of excess cordance with a plan approved by the Where seedlings are present or needed, water. responsible technician. the area must be protected from grazing. Federal cost-sharing for site preparation § 1101.875 Practice C-8: Streambank § 1101.881 Practice C-14: Construct­ will be limited to areas which have a or shore protection, channel clearance, ing or lining dams, pits, or ponds for irri­ sufficient number of desirable seed trees enlargement or realinement, or construc­ gation water. The purpose of this prac­ for natural reseeding, which will not re­ tion of floodways, levees, or dikes, to tice is to conserve agricultural water or stock unless brush, dense litter, and other prevent erosion or flood damage to farm­ to provide water necessary for the con­ material on the forest soil is broken up land. This practice shall not be ap­ servation of soil resources. No Federal or removed so that soil is exposed, and proved in cases where there is any likeli­ cost-sharing will be allowed for con­ on which the seed trees will be left until hood that it will create an erosion or structing or lining dams, pits, or ponds, the areas is restocked. Technical assist­ flood hazard to other adjacent land, or the primary purpose of which is to ance shall be utilized, if available ; other­ where its primary purpose is to bring new bring additional land into agricultural wise the practice must be carried out in land into agricultural production. production. accordance with approved technical for­ § 1101.876 Practice C—9: ' Construct­ § 1101.882 Practice C-l 5 : Lining irri­ estry standards. Federal cost-sharing ing permanent open drainage systems to gation ditches to prevent erosion and for fencing shall be limited to permanent dispose of excess water. Federal cost­ loss of water by seepage. This practice fences needed to protect the area from sharing may be authorized for clearing is limited to ditches that are properly grazing, excluding boundary and road the necessary minimum width right-of- located and constructed as a part of an fences. way. Federal cost-sharing may be au­ existing irrigation system. thorized for the spreading of spoil banks Practices Primarily for the Conservation § 1101.883 Practice C—16: Construct­ and Disposal of Water where this is necessary for the effective utilization of the drainage system. No ing spreader ditches or dikes to divert . § 1101.868 Practice C-l: Initial es­ Federal cost-sharing will be allowed for and spread water to prevent erosion, to tablishment of permanent sod waterways ditches, the primary purpose of which is permit beneficial use of runoff, or to re­ to dispose of excess water without caus­ to bring additional land into agricultural plenish ground water supply. ing erosion. production, or for -cleaning a ditch, or CONSERVATION PRACTICES W ITH BENEFITS § 1101.869 Practice C—2: Initial es­ for structures installed for crossings, or OF LIMITED DURATION— GENERALLY RE­ tablishment of permanent vegetation as for other structures primarily for the QUIRING PERIODIC REPETITION protection against erosion. Federal .convenience of the farm operator. In the installation of drainage systems, due Practices Primarily for Establishing cost-sharing will be limited to the es­ Temporary Protective Vegetative Cover tablishment of permanent vegetation on consideration shall be given to t h e gullies, dam§, dikes, levees, ditch banks, maintenance of wildlife habitat. § 1101.885 Practice D -l: Establish­ farm roadsides, filter strips, and field, § 1101.877 Practice C-10: Installing ment of vegetative cover for winter pro­ borders. Consideration should be given underground drainage systems to dis­ tection from erosion. A good stand and to choice of plants favorable to wildlife. pose of excess water. No Federal cost­ good growth must be obtained in suffi­ § 1101.870 Practice C—3.* Initial es­ sharing will be allowed for systems,»the cient time to protect the area in the fall tablishment of orchards, vineyards, bush primary purpose of which is to bring and winter of 1956 or 1§57 and must be fruits, strawberries, or perennial vege­ additional land into agricultural pro­ maintained on the land to a date speci­ tables on the contour to prevent erosion. duction. In the installation of drain­ fied in the county program. Pasturing All cultural operations must be per­ age systems, due consideration shall be consistent with good management may formed as nearly as practicable on the given to the maintenance of wildlife be permitted, but none of the growth may contour. habitat. be harvested for hay or seed, except that the State committee may authorize the § 1101.871 Practice C-4: Constructing § 1101.878 Practice C -ll: Shaping or harvesting of the growth for hay or si­ terraces to detain or control the flow land grading to permit effective surface lage in areas where it determines that a of water and check soil erosion. Neces­ drainage. No Federal cost-sharing will serious shortage of hay or-silage exists sary protective outlets or waterways be allowed for any shaping or grading 'due to adverse weather conditions and must be provided. Federal cost-sharing which is performed through farming the growth harvested is needed for use may be authorized for removing stone operations in connection with land prep­ on farms in the area. Volunteer stands walls or hedgerows where such removal aration for planting or cultivation of will not qualify for cost-sharing. The is necessary to the establishment of an crops. Federal cost-share for this practice shall effective terrace system, Costs of con­ § 1101.879 Practice C—12'. Reorgan­ not be in excess of 50 percent of the av­ struction may include necessary leveling izing irrigation systems to conserve erage cost of seed and fertilizer. The and filling to permit installation of an water and prevent erosion. The prac­ quantity of fertilizer, if any, on which effective system. tice must be carried out in accordance costs are shared shall be only that quan­ § 1101.872 Practice C—5: Constructing with a reorganization plan approved by tity needed for successful establishment diversion terraces, ditches, or dikes to the responsible technician. No Federal of the cover crop. intercept runoff and divert excess water cost-sharing will be allowed for cleaning § 1101.886 Practice D-2: Establish­ to protected outlets. Necessary protec­ a ditch, or for structures installed for ment of vegetative cover for summer tive outlets or waterways must be pro­ crossings, or for other structures pri­ protection from erosion. A good stand vided. Federal cost-sharing may be marily for the convenience of the farm and good growth must be obtained and authorized for removing stone walls or operator, or for portable pipe. left on the land or turned under. Pas­ hedgerows where such removal is neces­ § 1101.880 Practice C—13.* Leveling turing consistent with good management sary to the establishment of an effective land for more efficient use of irrigation may be permitted, but none of the terrace system. Costs of construction water and to prevent erosion. No Fed­ growth may be harvested for hay or may include necessary leveling and filling eral cost-sharing will be allowed for seed, except that the State committee to permit installation of an effective floating or restoration of grade; how­ may authorize the harvesting of the system. ever, the leveling operation may be com­ growth for hay or silage in areas where § 1101.873 Practice C-6: Construct­ pleted over a period of more than one it determines that a serious shortage ing erosion control, detention, or sedi­ program year on a component basis of hay or silage exists due to adverse ment retention dams to prevent or heal where the size of cuts and. fills is such weather conditions and the growth har­ gullying or to retard or reduce runoff of that a heavy leveling operation will be vested is heeded for use on farms in the water. needed following settlement of the orig­ area. Volunteer stands will not qualify inal fills. No Federal cost-sharing will for cost-sharing. The Federal cost- § 1101.874 Practice C-7: Construct­ be allowed for leveling land if the pri­ share for this practice shall not be in ing channel lining, chutes, drop spill­ excess of 50 percent of the average cost mary purpose of the leveling is to bring of seed and fertilizer. The quantity of ways, pipe drops, drop inlets, or similar new land into agricultural production. structures for the protection of outlets •fertilizer, if any, on which costs are The leveling must be carried out in ac­ shared shall be only that quantity Saturday, July 7, 1956 FEDERAL REGISTER 5043 needed for successful establishment of upper part of the soil to provide pro­ vide the most enduring solution to the the cover crop. tection against wind and water erosion. problem practicably attainable under ex­ § 1101.887 Practice D-3: Establish­ § 1101.891 Practice E-2 : Initial estab­ isting circumstances, (f) that the pro­ ment of vegetative cover for green ma­ lishment of contour farming operations posed practice is one on which the nure and for protection from, erosion. on nonterraced land to protect soil from offering of financial assistance is fully Federal cost-sharing willbe limited to wind or water erosion. All cultural oper­ justified as being in the public interest, acreages of biennial or perennial leg­ ations must be performed as nearly as and (g) that the propose&practice meets umes or perennial grasses, or mixtures practicable on the contour. The crop the standards and requirements of com­ of such legumes with adapted grasses, stubble or crop residue must be left parable practices contained in this sub­ seeded during the 1957 program year. standing over winter, or a winter cover part. Costs will not be shared under this A good stand and good growth must be crop established, or necessary protectivë practice for elements of performance for obtained. Pasturing consistent with tillage operations carried out, on acreage which cost-sharing is specifically pre­ good management may be permitted, devoted to row crops. This practice is cluded by the wording of a similar prac­ but none of the growth may be harvested not applicable on any acreage for which tice or elsewhere in this subpart. for hay or seed, except that the State Federal cost-sharing is approved under ,§ 1101.896 .Practice F-3: Practices to committee may authorize the harvest­ § 1101.853. Federal cost-sharing may be meet new conservation problems. - Con­ ing of the growth for hay or silage in authorized for removing stone walls or sistent with the principles set forth in areas where it determines that a serious hedgerows where such removal is neces­ § 1101.801, the Administrator, ACPS, may shortage of hay or silage exists due to sary to the establishment of an effective approve for use in a county, practices adverse weather conditions and the contour farming system. for the treatment of critical conserva­ growth harvested is needed for use on § 1101.892 Practice E-3: Wind ero­ tion problems, primarily those which .farms in the area. Volunteer stands will sion control operations in serious wind have arisen subsequent to the initiation not qualify for cost-sharing. The Fed­ erosion areas. Applicable only in areas of the program in the county. Such ap­ eral cost-share for this practice shall not where the Administrator, ACPS, upon the proval may be given only upon the rec­ be in excess of 50 percent of the average recommendation of the State committee ommendation of the State and county cost of seed and fertilizer. The quantity and the designated representatives of the committees and designated representa­ of fertilizer, if any, on which costs are Soil Conservation Service and the Forest tives of the Soil Conservation Service and shared shall be only that quantity Service at the State level, determines the Forest Service at both the county and needed for successful establishment of there is a serious wind erosion problem State levels, and upon their finding (a) the green manure or cover crop. for vl957. Eligible operations shall be that the conservation problem exists on § 1101.888 Practice D-4: Establish­ confined to those having the most endur­ a substantial number of farms in the ment of vegetative cover to protect ing benefits practicably attainable under county, (b) that the practices contained cropland throughout the 1957 crop year. existing conditions. in this subpart will not provide adequate This practice is applicable only to crop­ treatment of the problem, (c) that the land which is being shifted for the entire CONSERVATION PRACTICES WITH LIMITED proposed practice will adequately meet 1957 crop year from crop production to AREA APPLICABILITY the problem, (d) that the proposed prac­ green manure or cover crops. Eligible Practices to Meet Special County tice would not be performed to the Conservation Needs desired extent without Federal cost­ seedings may consist of single seedings sharing, (e) that the offering of Federal or successive seedings of grasses, leg­ § 1101.894 Practice F -l: Special con­ cost-sharing for the proposed practice is umes, small grains, or other crops which servation practices. Consistent with the -justified as within the scope of national will provide adequate soil protection for principles set forth in § 1101.801, the conservation objectives, (f) that ade­ the required period. Where annuals county committee and designated repre­ quate facilities, including technical serv­ alone are used, at least two successive sentatives of the Soil Conservation Serv­ ices, will be available to permit the seedings must be made. Pasturing con­ ice and the Forest Service at the county practice to be carried out effectively, and sistent with good management may be level may recommend, and the State (g) that treatment of the problem can­ permitted. No crop may be harvested committee and designated representa­ not be safely delayed until a subsequent for seed in 1957. No annual crop seeded tives of the Soil Conservation Service and program. in the fall of 1957 may be harvested for the Forest Service at the State level may seed in 1958 if such seeding is one of the approve, for use in a county, practices Done at Washington, D. C., this 2d two required seedings of such annual included in this subpart for which there day of July 1956. crops. No erop may be harvested for hay is need locally on a substantial number of [ s e a l ] E . L . P e t e r s o n , or silage in 1957 and no annual crop farms but which are not selected for use Assistant Secretary. seeded in the fall of 1957 may be har­ in the State. Such approval shall be sub­ ject to review by the Administrator, [F. R. Doc. 56-5379; Filed, July 6, 1956; vested for hay or silage in 1958 if such 8:49 a. m.] seeding is one of the two required seed­ ACPS, as to compliance with the provi­ ings of such annual crops, except that sions contained in this subpart. the State committee may authorize the § 1101.895 Practice F-2: County con­ TITLE 9— ANIMALS AND harvesting of the growth for hay or servation practices. Consistent with the ANIMAL PRODUCTS silage in areas where it determines that principles set forth in § 1101.801, the Ad­ a serious shortage of hay or silage exists ministrator, ACPS, may approve for use Chapter I— Agricultural Research in a county, practices which are not in­ Service, Department of Agriculture due to adverse weather conditions and cluded in this subpart which are needed the growth harvested is needed for use to meet particular conservation problems Subchapter C— Interstate Transportation of on farms in the area. One of the two in the county. Such approval may be Animals and Poultry required seedings of annuals may be a given only upon the recommendation of [B. A. I. Order 383, Revised, Arndt. 81] volunteer seeding which provides ade­ the State and county committees and quate soil protection, but no Federal designated representatives of the Soil P art 76—H og C h o l e r a , S w i n e P l a g u e , cost-sharing may be allowed for the vol­ Conservation Service and the Forest and O t h e r C ommunicable S w in e D i s ­ unteer seeding. Service at both the county and State ea ses levels, and upon their finding (a) that S u b pa rt B — -Ve s ic u l a r E x a n t h em a Practices Primarily for the Temporary the conservation problem exists on a sub­ Protection of Soil From Wind and stantial number of farms in the county, CHANGES IN AREAS QUARANTINED Water Erosion (b) that the practices contained in this Pursuant to the provisions of sections § 1101.890 Practice E-l: Stubble subpart will not provide adequate treat­ 1 and 3 of the act of March 3, 1905, as ment of the problem, (c) that the pro­ amended (21 U. S. C. 123, 125), sections mulching to improve soil permeability posed practice will adequately meet the 1 and 2 of the act of February 2, 1903, and to protect soil from wind and water problem, (d) that the proposed practice as amended (21 U. S. C. 111-113, 120), erosion. Tillage operations must be would not be performed to the desired and section 7 of the act of May 29, 1884, such as to leave sufficient crop or weed extent without Federal cost-sharing, as amended (21 U. S. C. 117), § 76.27, as residue on the surface or mixed in the (e) that the proposed practice will pro- amended, Subpart B , Part 76, Title 9, No. 131------3 5044 RULES AND REGULATIONS

Code of Federal Regulations (21 F. R. 3; TITLE 13— BUSINESS CREDIT granted notwithstanding the receipt of 417, 786,1165,1461,1743, 2230, 2611, 3005, written refusals froin such banks. 3923, 4339), which quarantines certain AND ASSISTANCE1 (2) The funds required do not appear areas because of vesicular exanthema* Chapter II— Small Business to be obtainable on reasonable terms a contagious, infectious, and communi­ through the public offering or private cable disease of swine, is hereby further Administration placing of securities of the applicant. amended in the following respects: P art 101—L o a n P o l ic y S t a t e m e n t * (3) The funds required do not appear 1. A new subdivision (lxxvi) is added Sec. to be obtainable through the disposal to subparagraph (5) of paragraph (d), 101.1 Introduction. at a fair price of assets not required by relating to Gloucéster County in New 101.2 Business loans. the applicant in the conduct of its ex­ Jersey, to read: 101.3 Terms and conditions of loans, to isting business or not reasonably neces­ (lxxvi) Lot 12, Block 39, in Deptford Town­ small business concerns. sary to its potential healthy growth. ship, owned and operated by Arthur and 101.4 Limited loan participation plan. (4) The funds required do not appear Hattie Williams. 101.5 Disaster and drought loans. to be obtainable without undue hardship, Authority: §§ 101.1 to 101.5 issued under through utilization of the personal credit 2. New subdivisions (xii) and (xiii) sec. 204, 67 Stat. 233; 15 U. S. C. 634. Inter­ or resources of the owner, partners, are added to subparagraph (8) of para-? pret or apply sec. 207, 69 Stat. 548; 15 U. S. C. management or principal shareholders graph (d), relating to Middlesex County 636. in New Jersey, to read: of the applicant. § 101.1 Introduction. This general (5) V-loan, or other applicable Gov­ (xii) That part of Monroe Township lying policy statement is established by the ernment financing, is not available to south of Mount Mills Road, west of Spots- the applicant. wood Road, and northeast of County Road Loan Policy Board of the Small Business No. 522; and Administration pursuant to section (b) All loans made shall be of such (xiii) That part of South Brunswick 204 (d) of Public Law 163, 83d Congress sound value or so secured as reasonably Township lying north of Davidsons-MiU (Small Business Act of 1953), as to assure repayment. No Such loan shall Road, west of Fresh Ponds Road, south of amended by Public Law 268, 84th Con­ be made unless there exists reasonable the South Brunswick Township line, and gress, 1st Session. It sets forth the assurance that it can and will be repaid east of the High Tension line running be­ principles and policies which will be pursuant to its terms. Reasonable as­ tween Davldsons-Mill Road and the South surance of repayment will exist only Brunswick Township line. followed by the Small Business Admin­ istration in the granting and denial of where the loan is of sound value, or is 3. A new subdivision (xxv) is added to applications by small-business concerns adequately secured in the judgment of subparagraph (9) of paragraph (d), re­ for financial assistance. It is not in­ the Small Business Administration. It lating to Monmouth County in New tended that this General Policy State­ will be deemed not to exist when the Jersey, to read: ment provide answers to all questions proposed loan is to accomplish an ex­ (xxv) That part of New Shrewsbury Boro which may arise in connection with spe­ pansion which is unwarranted in the lying west of Hamilton Avenue and Wayside cific applications. This general policy light of the applicant’s past experience Avenue, north of Murphy Street, south of statement supersedes the consolidated and management ability, or when the Tinton Avenue and Water Street, and east loan policy statement dated August 16, effect of making the loan is to subsidize of the lane running between Water Street 1954 (19 F. R. 5440). inferior management, and Murphy Street. (c ) It is the policy to stimulate and en­ Effective date. The foregoing amend­ § 101.2 Business loans. Basic princi­ courage loans by banks and other lending ment shall become effective upon issu­ ples governing and granting and denial institutions. ance. of applications for financial assistance: ( 1 ) An applicant for a loan must show The amendment excludes certain areas (a) Applications for financial assist­that a participation by a bank or other in New Jersey from the areas heretofore ance may be considered only when there lending institution is not available; no quarantined because of vesicular exan­ is evidence that the desired credit is not immediate participation may be pur­ thema. Hereafter, the restrictions per­ otherwise available on. reasonable terms. chased unless it is shown that a deferred taining to the interstate movement of The financial assistance applied for participation is not available. swine, and carcasses, parts and offal of shall be deemed to be otherwise avail­ (2) Agreements by the Small Business swine, from or through quarantined able on reasonable terms, unless it is Administration to participate in any loan areas, contained in 9 CFR, 1955 Supp., satisfactorily demonstrated that: on. à deferred basis shall not obligate the Part 76, Subpart B, as amended, will not (1) Proof of refusal of the required Administration to advance in excess of apply to such areas. However, the re­ credit has been obtained from: 90 percent of the balance of the loan. strictions pertaining to such movement (i) The applicant’s bank of account; (3) No agreement to participate shall from non-quarantined areas, contained (ii) If the amount of the loan applied establish any preferences in favor of the in said Subpart B, as amended, will apply for is in excess of the legal lending limit bank or other lending institution partici­ thereto. of the applicant’s bank or in excess of pating in the loan with the Small Busi­ The amendment relieves certain re­ the amount that the bank normally lends ness Administration, strictions presently imposed, and must to any one borrower, then a refusal from (d) Financial assistance will not be be made effective immediately to be of a correspondent bank or from any other granted by the Small Business Adminis­ maximum benefit to persons subject to lending institution whose lending capac­ tration: the restrictions which are relieved. Ac­ ity is adequate to cover the loan applied (1) If the direct or indirect purpose or cordingly, under section 4 of the Ad­ for, and result of granting such assistance would ministrative Procedure Act (5 U. S. C. (iii) Not less than two banks in cities be to: 1003), it is found upon good cause that where the population exceeds 200,000. (1) Pay off a creditor or creditors of notice and other public procedure with Proof of refusal must contain the date, the applicant who are inadequately se­ respect to the amendment are imprac­ amount and terms requested, and the cured or are in position to sustain a loss, ticable and contrary to the public inter­ reasons for not granting the desired or est, and the amendment may be made credit. (ii) Provide funds for distribution or payment to the owner, partners, or effective less than 30 days after publica­ Bank refusals to advance credit should ederal e g is t e r shareholders of the applicant, or tion in the F R . not be considered the full test of un­ (Sec. 2, 32 Stat. 792, as amended; 21 U. S. C. availability of credit and, where there (iii) Replenish working capital funds 1 1 1 . Interprets or applies secs. 4, 5 , 23 Stat. theretofore used for either of such pur-? 32, sec. 1, 32 Stat. 791; 21 U. S. C. 120) is knowledge or reason to believe that credit is otherwise available on reason­ poses; Done at Washington, D. C„ this 2d able terms from sources other than such (2) If the purpose of the applicant in day of July 1956. applying for such assistance is to effect banks, the credit applied for cannot be a change in ownership of a business.* [ se a l] m . R. C l a r k s o n , Acting Administrator, 1 Formerly designated as Title 13—Business (3 ) If the financial assistance will pro­ Agricultural Research Service. C red it. vide or free funds for speculation in any a Includes Loan Policy Statement, Revised [F. R. Doc. 56-5408; Filed, July 6, 1956; as of December 31, 1955, and Amendments * Amended as of February 20,1956 (Amend­ 8:57 a. m.] 1, 2, 3 thereto. m e n t 2). Saturday, July 7, 1956 FEDERAL REGISTER ’ 5043 kind of property, real or personal, tangi­ a deferred or immediate basis, and drought direct and participation loans ble or intangible; whether‘in the first instance the bank or shall be at the rate of 3 percent per an­ (4) If the applicant is an eleemosy­ the Small Business Administration num, except that where a disaster loan is nary institution; makes the loan in which the other pur­ made for the acquisition or construction (5) If the purpose of the loan is to fi­ chases an immediate participation, shall (including acquisition of site therefor) of nance the construction, acquisition, con­ not exceed 6 per cent per annum, fixed housing for the personal occupancy of version or operation of facilities which by the bank or other lending institution the Borrower, the interest rate on both are or will be used for recreational or if not disapproved by the Small Business Small Business Administration’s share amusement purposes: Provided, how­ Administration. and bank’s share of such loan shall be ever, That this subparagraph shall not (ii) Direct loans. Except as provided at the rate of 3 percent per annum.4 prohibit financial assistance for such in subdivision (iii) of this subparagraph, (c) Agreements by the Small Business facilities when they are or will be inci­ interest on all direct loans which may be Administration to participate in disaster dental and appropriate to the business made by the Small Business Administra­ and drought loans on a deferred basis of the applicant; tion shall be at the rate of 6 percent per shall not obligate the Administration to (6) If the applicant is a newspaper, annum, except as may be otherwise re­ advance in excess of 90 percent of the magazine, radio broadcasting company quired by reason of the provisions of the balance of the loan. or television broadcasting company or Servicemen’s Readjustment Act of 1944, (d) In deferred participation loans to similar enterprise; as amended. disaster or drought victims in which the (7) If any substantial portion of the (iii) Interest on construction loans interest rate on the Bank’s portion gross income of the applicant (or of any which may be made or participated in by thereof is fixed at 3 percent per annum, of its principal owners) is derived from the Small Business Administration to no participation charge shall be made on the sale of alcoholic beverages; group corporations shall be at the rate of the portion of such loans which the Small (8) If any part of the gross income of 5 percent per annum. Business Administration is obligated to the applicant (or of any of its principal purchase. In deferred participation § 101.4 Limited loan participation loans to such victims in which the in­ owners) is derived from gambling pur­ plan. Limited participation loans are poses; terest rate on Bank’s portion of the authorized for maturity of not more than loan exceeds 3 percent per annum, Bank (9) If the loan is to provide capital to five years with a monthly repayment an enterprise primarily engaged in the shall pay to Small Business Administra­ schedule including interest at the rate of tion a participation charge of V4 percent business of lending or investment; not more than 6 percent per annum with (10) If the effect of the granting of per annum on that portion of the loan the following limitations : which the Small Business Administration the financial assistance will be to en­ (a) The share of the Small Business courage monopoly or will be inconsistent is obligated to purchase, which charge Administration participation in any such shall not be reimbursable by Borrower.® with the accepted standards of the Amer­ loan shall not exceed $15,000 or 75 per­ ican system of free competitive enter­ cent of the total amount of the loan Dated: June 29, 1956. prise. / whichever is the smaller. S m a l l B u s in e s s A dministration § 101.3 Terms and conditions of (b) The bank shall participate to a L o a n P o l ic y B oard, loans—(a.) Maturities, The maturity of minjmum of 25 percent of the total W e n d e l l B . B a r n e s , each loan shall be restricted to the mini­ amount of the loan which participation Administrator, mum consistent with sound business shall bejcomposed of new exposure by the Chairman. practice. ' bank: Provided, That there may be in­ (b) Charges and interest — (1) cluded in computing the participation [F. R. Doc. 56-5384; Filed, July 6, 1956; Charges. Ih deferred participation loans percentage of the bank any short-term 8:50 a. m.] (those made by bank in which Small loans or long-term loans on which pay­ Business Administration has entered ments have been made according to the into an agreement with the bank^o pur­ original schedule if the bank participates TITLE 15— COMMERCE AND chase thereafter a participating share to the extent of its present exposure and FOREIGN TRADE in the Loan), a participation charge shall if, in the case of a short-term loan, it has be payable by the bank to Small Business been outstanding not more than six Chapter III— Bureau of Foreign Com­ Administration for the latter’s agreement months. merce, Department of Commerce to purchase a share in the loan. The (c) Emphasis shall be on the repay­ Participation charges shall be on a slid­ ment ability of the borrower as deter­ Subchapter B— Export Regulations ing scale, depending upon the percentage mined from the record of past earnings. [8th Gen. Rev. of Export Regs., Amdt. 3] of the loan which Small Business Admin­ (d) All such loans shall be secured; istration is obligated to purchase. Such however, the participating bank shall be P art 384—G e n e ra l O rd ers Participation charges, which shall not be responsible for obtaining the pledge of AUTHORITY OF CUSTOMS COLLECTORS TO reimbursable by borrower, shall be as collateral as well as determining the ade­ EXERCISE EXPORT CONTROL IN EVENT OF follows: quacy thereof. Security may include, ENEMY ATTACK (1) For an amount not in excess of 50 but shall not be limited to, mortgage on real or personal property, assignment of Part 384 General orders is amended Percent of the loan, 1 percent per annum by adding a new § 384.3 to read as fol­ on the portion of the loan which Small accounts receivable or monies due on Business Administration is obligated to Contracts, pledge of warehouse receipts, lows: Purchase ; negative pledge agreements, and corpo­ § 384.3 Authority of Collectors of Cus­ (ii) For an amount in excess of 50 per­ rate guaranties or personal endorse­ toms to exercise export control author­ cent of the loan, but not in excess of 75 ments. ity in event of enemy attack, (a) Each Percent of the loan IV2 percent per an­ (e) Except as provided in this section Collector of Customs is hereby author­ num on the portion of the loan which all other provisions of this Loan Policy ized and directed in the event of an Small Business Administration is obli­ Statement shall apply to loans consid­ enemy attack on any part of continental gated to purchase ; and ered under the Limited Loan Participa­ United States to prohibit completely or (iii) For an amount in excess of 75 tion Plan. curtail to the extent deemed necessary Percent of the loan but not in excess of 90 §101.5 Disaster and drought loans. and advisable by each Collector any ex­ Percent of the loan, 2 percent on the por­ (a) Disaster and drought loans will be ports through ports under the Collector’s tion of the loan which Small Business considered on an individual basis in the jurisdiction. Administration is obligated to purchase. light of circumstances of the applicant (b) This general authorization «shall (2) Interest—(.i) Deferred and imme­ be subject to any orders “Or directives diate participation loans. Except as and of the particular flood, drought or transmitted from the Bureau of Foreign Provided in subdivision (iii) of this sub- other catastrophe. Such loans will be paragraph, interest on all loans in which made to relieve the distress and hard­ 4 Amended as of February 20,1956 (Amend­ the Small Business Administration par­ ships attendant upon the disasters. m e n t 3 ). ticipates with a bank or other lending in­ (b) Interest on the Small Business Ad­ 5 Amended as of January 18, 1956 (Amend­ stitution, whether the participation is on ministration share of disaster and m e n t 1 ). 5046 RULES AND REGULATIONS

Commerce of the Department of Com­ ful for the purposes for which tolerances cles in connection with the Americas’ merce or the Bureau of Customs of the are being established. New Frontiers Exposition to be held at Treasury Department, either prior to or After consideration of the data sub­ Oklahoma City, Oklahoma, May 1, 1956, subsequent to any enemy attack. mitted in the petition and other relevant to January 1,1958. 47'00" point of beginning.” tising costs, and shall file with the super­ Indian lessor. (Sec. 205, 52 Stat. 984, as amended; 49 intendent the lease in completed form. (b) All notices or advertisements of U. S. C. 425. Interprets or applies Sec. 601, 52 The superintendent may, for good and sales of mineral leases shall reserve to Stat. 1007, as amended; 49 U. S. C. 551) sufficient reasons, extend the time for the Secretary of the Interior the right completion and submission of the lease This amendment shall become effec­ form, but no extension shall be granted to reject all bids when in his judgment tive on July 26, 1956. for remitting the balance of monies due. the interests of the Indians will be best served by so doing, and that if no satis­ [ s e a l ] C. J. L o w e n , If thé successful bidder fails to pay the Administrator of Civil Aeronautics. full consideration within said period, or factory bid is received, or if the ac­ fails to file the completed lease within cepted bidder fails to complete the lease, [P. R. Doc. 56-5365; Filed, July 6, 1956; said period or extension thereof, or if or if the Secretary of the Interior shall 8:45 a. m.] [Arndt. 202] 5050

P art 609—S tandard I n s t r u m e n t A p p r o a c h P r o ced ures PROCEDURE ALTERATIONS The standard Instrument approach procedure alterations appearing hereinafter are adopted to become effective when indicated in order to promote safety. Compliance with the notice, procedures, and effective date provisions of section 4 of the Administrative Procedure Act would be impracticable and contrary to the public interest, and therefore is not required. Part 609 is amended as follows: Note: Where the general classification (LFR, VAR, ADF, ILS, GCA, or VOR), location, and procedure number (if any) of any procedure in the amendments which follow, are iden­ tical with an existing procedure, that procedure is to be substituted for the existing one, as of the effective date given, to the extent that it differs from the existing procedure; where a procedure is cancelled, the existing procedure is revoked; new procedures are to be placed in appropriate alphabetical sequence within the section amended. 1. The low frequency range procedures prescribed in § 609.6 are amended to read in part:

ILFR Standard I n stru m ent A pproach P rocedure Bearings, headings, and courses are magnetic. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If an LFR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area or as set forth below.

Ceiling and visibUity minimums Minimum City and State; airport name, Procedure turn (—) side of altitude Course and If visual contact not established at elevation; facility: class and Initial approach to facility Course Minimum final approach course 2 engines or less More authorized landing minimums after and altitude (outbound and inbound); over faculty distance, than 2 passing facility within distance identification; procedure No.; from— REGULATIONSRULES AND distance on final facility to effective date (ft.) altitudes; limiting dis­ approach airport Condition engines; specified or if landing not accom­ tances course (ft.) 65 knots More (more plished # than 65 than 65 or less knots knots)

1 2 3 4 5 6 7 8 9 10 11 12

CASPER, WYO. Parkertown FM (final)...... 256—13.2 6,500 N side of E course: 6,500 256-6.6 T-dn ,300-1 300-1 200- H Within 6.6 mUes, climb to 7,500' cm Natrona County, 5,348'. 076° outbound. C-dn 500-2 500-2 500-2 W course LFR or ILS within 20 SBRAZ-DTV-CPR. CPR VOR...... 170—10.9 7,000 256° inbound. *S-d mUes of LFR. Procedure No. X. 7,000' within 10 miles. Runway 25 400-1 400-1 500-1)4 Alternate missed approach: When Amendment No. 6. *S-n directed by ATC turn right, climb Effective date: June 28, 1956. Runway 25 400-1)4 400-1)4 500-2 to 7,500' on N course LFR within Supersedes Amendment 5, A-dn 800-2 800-2 800-2 20 mUes. dated January 27, 1953. . *Straight-in minimums less than Major changes: Change missed 500-2 authorized only when LMM approach procedure and add operating and utilized. alternate; reduce straight— N ote: 5,900' terrain 5 miles 8, SW In minimums 2 engine—more mid W of airport. than 65 knots. .______:a._____ ■ CORPUS CHRISTI, TEX. Odem FM (final)______139—10.2 800 W side of NW course: 800 136—2.5 T-dn 300-1 ■ 300-1 200-)4 Within 2.5 mUes, turn right and Cliff Maus, 42'. 319° outbound. C-d 400-1 500-1 500-1)4 climb to 1,700' on SW (231) course SBMRLZ-CRP. Corpus Christi BVOR____ 183—6.1 1,300 139° inbound. C-n 400-1)4 500-1)4 500-1)4 within 20 miles. Procedure No. 1. 1,400' within 10 miles. S-d 400-1 400-1 400-1 Air C a r r ier N o te: Authorization Amendment No. 11. S-n 12 400-1)4 400-1)4 400-1)4 for local visibility reduction and Effective date: July 28,1956. A-dn 800-2 800-2 800-2 sliding scale not applicable for night Supersedes Amendment 10, landings. dated March 12, 1955. Major changes: Missed ap­ proach altitude raised.

OKLAHOMA CITY, OKLA. Mustang FM (final)...... 075—7.0 2,000 S side of course: 2,000 078—1.4 •T-dn 300-1 300-1 200-)4 Within 1.4 mUes, climb to 2,700' on Will Rogers, 1,283'. 255° outbound. C-dn 400-1 500-1 500-1)4 E course of OKC LFR within 20 SBRAZ-OKC. Bethanv Intersection _.r. 180—6.7 2.500 075° inbound. A-dn 800-2 800-2 800-2 mUes. Procedure No. 1. 2,500' within 10 miles. *300-1 required for takeoff runways Amendment No. 7. Oklahoma City VOR_____ 102—6.9 2.500 8-26. Effective date: July 28,1956. Supersedes Amendment 6, Radar transition altitudes within 20 nautical September 24,1955. miles of Will Rogers Field: 0-90°—3,800', Major changes: Revise altitude 90-180°—2,700', 180-360°—2,800'. columns 4,5 and 6. 2. The very high frequency omnirange (VOB) procedures prescribed in 5 609.9 are amended to read in part: Saturday VOR S t a n d a r d I n s t r u m e n t A p pr o a c h P r o c e d u r e Bearings, headings, courses, and radials are magnetic. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airporte^evat °°<;trnrrionf. approacj, ¡s conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an approach Is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for en route operation in the particular area , or as set forth below. 1956 7, July

Ceiling and visibility minimums Procedure turn (—) side ol Minimum City and State; airport name, altitude Course and If visual contact not established at Course Minimum final approach course 2 engines or less More authorized minimums after passing elevation; facility: class and Initial approach to facility and altitude (outbound and inbound); over facility distance, than 2 identification; procedure No.; from— on final facility to facility within distance specified distance (ft.) altitudes; limiting' dis­ engines; or if landing not accomplished effective date tances approach airport Condition More more course (ft.) 65 knots than 65 than 65 REGISTER FEDERAL or less knots , knots

1 2 3 4 6 7 8 9 10 11 12

CORPUS CHRISTI, TEX. 003—6.1 1,300 W side of course: 900 169-7.8 T-dn 300-1 300-1 20044 Within 7.8 miles turn right, climb to Cliff Maus, 42'. S49g outbound. C-d 700-1 700-1 700-1)4 1,700' on radial 229 within 20 miles. fcVOR-CRP. 169° inbound. C-n 700-1)4 700-1)4 700-2 Caution: 360' antenna 2.1 miles NE Procedure No. 1. 1,400' within 10 miles. A-dn 800-2 800-2 800-2 of airport. Amendment No. 3. Are C a r r ier Note: Authorization Effective date: July 28,1956. for local visibility reduction and Supersedes Amendment 2, sliding scale not applicable for dated March 12,1956. night landings. Major changes: Revise missed approach altitude. MASON CITY, IOWA. E side of course: 1,700 356-3.4 T-dn 300-1 300-1 200-)4 Within 3.4 miles, climb to 2,800' on Mason City, 1,216'. 176° outbound. C-dn 400-1 500-1 500-1)4 353R outbound within 20 miles. BVOR-MCW. 356° inbound S-dn 35 400-1 400-1 400-1 C au tion: Tower 1,453' mean sea Procedure No. 1. 2,200' within 10 miles. A-dn 800-2 800-2 800-2 level 3.1 miles E of airport. Tower Amendment No. 4. 1,580' mean sea level 4.5 miles W of Effective date: July 28,1956. airport. Tower 1,755' mean sea Supersedes Amendment 3, level 12.5 miles NNE. dated May 5, 1954.. Major changes: (1) Transition deleted from Mason City “H ”; (2) new form on con­ version to knots; (3) columns 5 and 7 courses and distances revised; (4) column 12 re­ vised. WALNUT RIDGE, ARK. S side of course: 1,000 058—1.1 T-dn 306-1 300-1 200-)4 Within 1.1 miles climb to 1,500' on Municipal. 275'. 238° outbound. C-dn 400-1 500-1 500-1)4 radial 058° within 20 miles. BVOR-DTV-ARG. 058°inbound. A-dn 800-2 800-2 800-2 Procedure No. 1. 1,500' within 10 miles. Amendment No. 2. Effective date: July 28,1956. Supersedes Amendment 1, dated April 2,1955. Major changes: Delete straight- in minima.

an Clo 3. The terminal very high frequency omnirange (TVOR) procedures prescribed in § 609.9 are amended to read in part: 5052

TVOR Standard I nstru m ent A pproach P rocedure

Bearings, headings, courses, and radials are magnetio. Note: Distances are in nautical miles unless otherwise indicated, except visibilities which aré in statute miles. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport elevation. If a TVOR instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitude(s) shall correspond with those established for an en route operation in the particular area or as set forth below.

Course and Ceilings and visibility minimums distance Minimum from int. City and State; airport name, Mini­ runway 2 engines or less Course Procedure turn (—) side of altitude center line More If visual contact not established at elevation; facility: class and Initial approach to facility and dis­ mum al­ final approach course (out- over facility identification; procedure No. from— titude 1 bound and inbound); al­ oh final extended than 2 TVOR, or if landing not accom­ (TVOR); effective date tance and final engines; plished (ft.) titudes; limiting distances approach course to Condition More more course (ft.) approach 65 knots than 65 than 65 end of run­ or less knots knots way

1 2 3 4 5 6 7 8 9 10 11 12

SAN FRANCISCO, CALIF. Stinson Beach Intersection.. 105—17.7 2, 500 E side of course: 500 191 T-dn 300-1 300-1 *200-)4 Immediate left climbing turn to International, 11'. 011° outbound. Final appmach C-dn 500-1 600-1 600-1)4 2,000' on 101° radial from SFO TVOR-SFO. Half Moon Bay Intersection. 018—10.0 3,000 191° inbound. course parallel S-dn 500-1 500-1 500-1 TVOR within 10 miles. TVOR-19 L/R. Or Teardrop type: • and between A-dn 800-2 800-2 800-2 Circling minimums do’ not provide Amendment No. 1. Richmond VHF Intersection. 161—18.5 2,500 036° outbound. runways standard clearance W and SW of Effective date: June 28, 1956. 191° inbound. 19 L/R airport. This approach predicated Supersedes original, dated June VSF VOR...... 288—22.9 2,500 1,000' within 5 miles. on radar monitoring. REGULATIONS AND RULES 9,1966. Beyond 5 miles (N of VSF *300-1 required for takeoff runway Major changes: Change name Fremont FM/HW...... 263—16.5 2,500 301-R) not authorized. 19 L/R. of Newark FM/HW to Fre­ mont FM/HW; correct dis­ Oak VOR to Intersection 224—3.4 2,000 tances column 3. 224° radial OAK and 011° radial SFO. Intersection of 224° radial 191—6.2 500 OAK VOR and 011° ra­ dial SFO TVOR (final). SAN FRANCISCO, CALIF. Stinson Beach Intersection.. 105—17.7 2,500 No procedure turn as such 400 281 T-dn 300-1 300-1 *200-)4 Climb to 3,000' on 292° radial from International, 11'. authorized. All necessary Final approach C-dn 600-1 600-1 600-1)4 8FO TV OR within 20 miles.. TVOR-SFO. Half Moon Bay Intersection. 018-10.0 3,000 maneuvering and descent course parallel S-dn 400-1 400-1 400-1 Circling minimums do not provide TVOR-28 L/R. shall be accomplished in and between A-dn 800-2 800-2 800-2 standard clearance W and SW of Amendment No. 1. Richmond VHF Intersection. 161—18.5 2,500 accordance with and runways airport. Effective date: June 28,1956. within the confines of the 28 L/R *300-1 required for takeoff runway Supersedes Original, dated VSF VOR...... 288—22.9 2,500 SFO LOM holding pat­ 19 L/R. June 9,1956. tern (1 minute, left turns, Major changes: Change name OAK VOR...... 203-7- 9-3 2,500 2,000' minimum altitude); of Newark FM/HW to Fre­ final approach course: 101° mont FM/HW; correct dis­ Fremont FM/HW______263—16. 5 2,500 outbound, 281° inbound. tances column 3; missed approach altitude changed. VSF VOR to SFO LOM 291—17.0 1,700 (final). Saturday 4. The very high frequency omnirange distance measuring equipment (VOR/DME) procedures-prescribed in § 609.9 are amended to read in part: VOK/DME Standard In stru m ent Approach P rocedure Bearings, headings, courses, and radials are magnetic. Elevations and altitude are in feet MSL. If a VOR/DME instrument approach Is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, unless an approach is conducted in accordance with a different procedure for 'uch airport authorized by the Administrator of Civil Aeronautics. Initial approaches shall be made over specific routes. Minimum altitude(s) shall Correspond with those established for en route operation in the particular area or as set forth below. , N o te: Distances are in nautical miles unless otherwise indicated except visibilities, which are in statute miles. July Oklahoma City, Okla.; Will Rogers Field Airport; elevation 1,283'; facility BVOR-DME; identification OKC; Amendment No. 2; effective date July 28,1956; supersedes Amendment No. 1, dated November 12, 1955. 7, -Z'/. Ceiling and visibility minimums 1956 Transition to facility or transit.on Minimum altitude on approach radial Minimum altitude on final to DME orbit Procedure No.; approach orbit More Procedure tarn; direct or right or Two engines or less than two If visual contact not established at

side of approach left turn to final engines authorized FEDERAL REGISTER landing minimums at radial; altitudes; approach orbit; fix specified, or if landing not accora limiting distances Runway No. Condition plished— Minimum Minimum Minimum More More From— T o - ii'rom—' To— From To 65 knots Radial altitude (mi.) (mi.) Radiai altitude radial radial altitude or less than 65 than 65 (mi.) (mi.) (ft.) (ft.) (ft.) knots knots

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

DME not req lired for 1Procedure S side 277°, 2,500' 10 0 277 2,000 Procedure No. 1 T-dn 300-1 300-1 *200-)4 Within 8.1 miles, climb to 2,700' No. 1. within 10 miles. 0 8.1 097 1,800 direct to air­ C-dn 500-1 500-1 500-1)4 on radial 97® within 20 miles. final port runway S-dn 12 500-1 500-1 500-1 12. A-dn 800-2 800-2 800-2 \ 20 15 100 2.700 Procedure No. 2 T-dn 300-1 300-1 *200-¡4 Within 8.9 miles, climb to 3,100' on N 8.9 100 1.700 back course to C-dn 400-1 500-1 500-1)4 course of OKC ILS (350® outbound) final runway 30. S-dn 30 400-1 4Ô0-1 400-1 within 20 miles. A-dn 800-2 800-2 800-2 S side 277°, 2,500' 10 0 277 2,000 Procedure No. 3 068 096 1,700 T-dn 300-1 300-1 *200-¡4 After passing radial 096® turn left, within 10 miles. 0 8.6 068 1,900 right 8.6, run­ C-dn 400—:1 500-1 500-1)4 climb to 2,700' on radial 097° within way 17. S-dn 17 400-1 400-1 400-1 20 miles. A-dn 800-1 800-2 800-2 S side 277°, 2,500' 10 0 277 2,000 Procedure No. 4 068 096 , 1,700 T-dn 300-1 300-1 *200-)4 After passing radial 096°, turn right, within 10 miles. 0 8.7 068 1,900 right 8.7, run­ C-dn 400-1 500-1 500-1)4 climb to 3,100' on N course OKC way 21. S-dn 21 400-1 400-1 400-1 ILS (350° outbound) within 20 miles. A-dn 800-2 800-2 800-2 S side 277°, 2,500' 10 0 277 2,000 Procedure No. 5 133 101 1,800 T-dn 300-1 300-1 *200-)4 After passing radial 101° turn right, within 10 miles. 0 8.3 133 1,900 left 8.3, run­ C-dn 500-1 . 600-1 500-1)4 climb to 2,700' on radial 097° within way 3. S-dn 03 500-1 500-1 500-1 20 miles. A-dn 800-2 80(^2 800-2 S side 277°, 2,500' 10 0 277 2,000 Procedure No. 6 133 103 1,800 T-dn 300-1 300-1 *200-)4 After passing radial 103° climb to 3,100' within 10 miles. 0 9.0 133 1,900 left 9.0, run­ C-dn 500-1 500-1 500-1)4 on N course of OKC ILS (350° out­ way 35. S-dn 35 500-1 500-1 500-1 bound) within 20 miles. A-dn 800-2 800-2 800-2 10 8.6 068 1,900 Procedure No. 7 068 096 1,700 T-dn 300-1 300-1 *200-H After passing radial 096°, turn left, left 8.6, run­ C-dn 400-1 500-1 500-1)4 climb to 2,700' on radial 097° within way 17. S-dn 17 400-1 400-1 400-1 20 miles. A-dn 800-2 800-2 800-2 10 8.7 068 1,900 Procedure No. 8 068 096 1,700 T-dn 300-1 300-1 *200-)4 After passing radial 096°, turn left, left 8.7, run­ C-dn 400-1 500-1 500-1)4 climb to 2,700' on radial 097® within way 21., ; S-dn 21 400-1 400-1 400-1 » 20 miles. A-dn 800-2 800-2 800-2 10 9.0 133 1,900 Procedure No. 9 133 103 1,800 T-dn 300-1 300-1 *200-)4 After passing radial 103°, climb to right 9.0, run­ C-dn 500-1 500-1 500-1)4 3,100' on N course of OKC ILS (350° way 35. S-dn 35 500-1 500-1 400-1 outbound) within 20 miles. A-dn 800-2 800-2 800-2 10 8.3 133 1,900 Procedure No. 133 101 ' 1,800 T-dn 300-1 300-1 *200-)4 After passing radial 101°, turn right, 10 right 8.3, C-dn 500-1 500-1 500-1)4 climb to 2,700' on radial 097° within runway 3. S-dn 03 500-1 500-1 500-1 20 miles. A-dn 800-2 800-2 800-2

Major changes: Revise altitudes columns 9 and 13. Revise minima columns 15,16, and 17. *300—1 required on runways 8-26. N o te: When authorized by ATC, DME may be used within 10 nautical miles at 2,400' orbiting altitude to position aircraft for a final approach, with the elimination of a procedure turn. cno CO 5. The instrument landing system procedures prescribed in § 609.11 are amended to read in part: 5054

IL S Standard I nstru m ent A pproach P rocedure elevation*1183’ courses are magnetic. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. Elevations and altitudes are in feet, MSL. Ceilings are in feet above airport . _ ®PPr®ach is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such forthbelow"0” 26'1 •^■hmmistrator of Civil Aeronautics. Initial approaches shall be made over specified routes. Minimum altitude(s) snail correspond with those established for en route operation in the particular area or as set

Transition to ILS Altitude of glide slope Ceiling and visibility minimums Procedure turn and distance to ap­ City and State; airport (—) side of final Minimum alti­ proach end of runway name, elevation; facility: approach course tude at glide If visual contact not established class and identification; at— 2 engines or less More upon descent to authorized Course Mini­ (outbound and slope intercep­ than 2 procedure No.; effective mum al­ inbound); alti­ tion inbound Condi­ landing minimums or if landing date From— T o - and dis­ engines not accomplished— tance titudes tudes; limiting (ft.) tion \ More (more (ft.) distances Outer marker Middle 65 knots than 65 than 65 marker or less knots knots)

12 14

JACKSONVILLE, Carl’s Intersection. LMM. 224—5.2 1,200 N side of SW ILS 1,200 1,170-4.0 220- 0.6 T-dn 300-1 300-1 200-*$ 4 miles, after passing LOM FLA. course: (ADF), climb to 1,200' on Imeson, 52'. JAX LFR. LMM. 252—3.0 1,200 224° outbound. ADF 800 C-dn 400-1 500-1 500-1*$ course of 044° within 20 miles. ILS-IJAX. 044° inbound. over LOM# When directed by ATC, climb LOM-JA. JAX VOR LMM 241—5.2 1,200 2,000' within 4.3 S-dn 5 to 1,300' on radial 090° within , Combination ILS and miles of LOM. ILS 200-*$ 200-*$ 200-*$ 20 miles. 400-*/i required when ADF. Bryceville Intersection LMM. 095—13.4 1,200 Beyond 4.3 miles glide slope used. Procedure No. 1. (LF). not authoriz- ADF 400-1 400-1 400-1 Procedure turn nonstandard and REGULATIONS AND RULES Amendment No. 13. limited to 4.3 miles due re­ Effective date: June 28, Bryceville Intersection LMM. 102—15 1,200 A-dn stricted area. 1956. (VHF). ILS 600-2 600-2 #Caution: 995' mean sea level Supersedes Amendment tower 4.3 miles SE of LOM. 12, dated May 26, Sunbeam Intersection LMM. 324—12.8 2,000 ADF 1956. (LF). 800-2 800-2 800-2 Major changes: Add transition and raise Sunbeam Intersection LMM. 320—13.4 2,000 transition and proce­ (VHF). dure turn altitudes. Revise caution note Blue Jacket Intersection.. LMM. 328—12.2 2,000 and radar transition procedure. Callahan Intersection. LMM. 160—7.8 1,200

Radar terminal area transition altitude 1,500' within 25 nautical miles except 2,000' required when within 3 miles of 995' tower 4.3 miles SE of LOM radar control must provide 3 miles separa­ tion from restricted area 16l. TULSA, OKLA. Intersection SE course LOM. 250—10.2 2,100 E side of S course: ILS 2,400 2,350—5.3 880—0.6 T-dn 300-1 300-1 #200-*$ Climb to 1,900' on N course. Municipal, 674'. LFR and 250° bearing 174° outbound. C-dn 400-1 500-1 500-1*$ ILS within 20 miles. 5.3 ILS-ITUL. to LOM. 354° inbound. . ADF 1,900 miles after passing LOM LOM-TU. 2,400' within 10 over LOM S-dn35R (ADF), climb to 1,900' on Procedure No. 1. TUL VOR. OM. 2,200 miles. ILS *200-*$ *200-*$ *200-*$ course of 354° within 20 miles. Amendment No, 4. Beyond 10 miles Caution: 1,100' tower 2 miles Combination ILS and TUL LFR. LOM. ADF. 2,200 not authorized. ADF 400-1 400-1 400-1 NW of LOM. N otes: *400-3/4 required when Effective date: July 28, Red Fork FM. LOM. 073—7.6 2,400 A-dn glide slope not utilized. 1956. ILS 600-2 600-2 600-2 #300-1 required on runways 3L, Supersedes Amendment Skia took FM . LOM. 140—20.0 2,400 21R, 17R, 35L. 3, May 14, 1955. ADF 800-2 800-2 800-2 Major changes: Delete Verdigris River FM . LOM. 209—14.2 2,200 air carrier notes.

These procedures shall become effective on the dates indicated on the procedures. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. 425. Interpret or apply sec. 601, 52 Stat. 1007, a s amended; 49 ü. S. C. 551)

[SEALJ C . J . L o w e n , Administrator of Civil Aeronautics. [P. R. Doc. 56-5040; Piled, July 6, 1956; 8:58 a. m ] Saturday, July 7, 1956 FEDERAL REGISTER 5055

TITLE 18— CONSERVATION TITLE 29— LABOR Standards Act of 1938 (52 Stat. 1060, as amended; 29 U. S. C. 201 et seq.), and as OF POWER Chapter V— Wage and Hour Division, provided in § 526.6 (b) (2) of the regu­ Department of Labor lations (29 CFR Part 526), the determi­ Chapter I— Federal Power nation of July 23, 1940, is amended as Commission P art 526— I n d u s t r ie s o p a S easonal proposed in the preliminary determina­ [Docket No. R. 156] N a tu re tion except as herein modified to specifi­ [Order 189] AMENDMENT OP DETERMINATION REGARDING cally include the curing of bluegrass CLEANING AND PREPARING OF CERTAIN seed at curing yards. P art 1—R u l e s o p P r a ct ic e and GRASS AND FORAGE SEEDS As amended, the determination applies P ro ce d u r e to the receiving, cleaning and preparing In a determination published in the TYPEWRITTEN FORM of all varieties of alfalfa, Austrian win­ July 23, 1940, issue of the F ederal R e g is ­ ter peas, bermuda grass, bent grass, blue­ The Commission has under considera­ t e r (5 F. R . 2640) it was found that the grass, clover, cow peas, fescue, grain sor­ tion in this proceeding the amendment cleaning and preparing of certain speci­ ghum, lespedeza, lupine, orchard grass, of § 1.15 (c) (1) of its rules of practice fied grass, clover and other forage seed redtop, ryegrass, Sudan grass, sugar beet, and procedure (18 CFR 1.15 (c) (1)). crops in cleaning plants engaged pri­ vetch and wheat grass seeds by country The purpose of this amendment is to marily in such cleaning and preparing cleaning plants primarily engaged in permit typewritten pleadings, docu­ is a branch of an industry and is of a such cleaning and preparing, and at ments, or other papers filed in proceed­ seasonal nature within the meaning of bluegrass seed curing yards; the re­ ings before thfe Commission to be typed section 7 (b) (3) of the Fair Labor Stand­ ceiving, cleaning and preparing of other or otherwise impressed on both sides of ards Act of 1938. kinds of seeds by such plants; and any the paper where they are more than Applications were filed, under § 526.5 operations or services necessary or inci­ four pages in length; of the regulations (29 CFR Part 526), by dent to the foregoing, including packing It appears that adoption of such an the Southern Seedmen’s Association, and shipping, during the period or pe­ amendment is a matter of procedure Northrup, King and Company, and by riods when seeds are being received, which does not require notice or hear­ other parties for the amendment of that cleaned and prepared. ing under section 4 (a) of the Admin­ determination to include the Cleaning For the purpose of this determination, istrative Procedure Act. and preparation of additional seeds. the term “cleaning and preparing” The Commission finds the amendment Upon consideration of the facts stated means curing, cleaning, purifying, sort­ hereinafter adopted is appropriate in the applications the Administrator ing, drying, grading and otherwise con­ to carry out the provisions of the Fed­ determined that a prima facie case had ditioning seed for planting purposes. eral Power Act and the Natural Gas Act been shown for the amendment of the The term “country cleaning plant pri­ and to aid in the discharge of the Com­ determination made on July 23, 1940, marily engaged in such cleaning and pre­ mission’s duties under other statutory to include the cleaning and preparing of paring” means a seed cleaning and pre­ provisions and executive orders confer­ all varieties of alfalfa, bermuda grass, paring establishment in which all the ring powers or duties upon the Commis­ bluegrass, clover, cow peas, fescue, grain seeds cleaned and prepared are received sion. sorghum, lespedeza, lupine, orchard directly from farmers or farm assemblers The Commission, acting pursuant to grass, Sudan grass, vetch and wheat (and no part of which is shipped from the authority vested in it by law includ­ grass seeds. The Administrator also other cleaning plants), and in which the ing sections 308 and 309 of the Federal stated that it appeared desirable to in­ specifically named seeds either individ­ Power Act (49 Stat. 858, 16 U. S. C. 825g, corporate into this determination the ually or in combination constitute 75 825h) and sections 15 and 16 of the determination issued on March 19, 1940, percent or more of the seeds cleaned and Natural Gas Act (52 Stat. 829, 830, 15 for the cleaning and processing of redtop prepared. U. S. C. 717n, 717o) orders: § 1.15 (c) seed (5 F . R. 1096), and the determina­ Since the cleaning and preparing of (1) is hereby amended by inserting in tion issued on March 21, 1940 for the grass, clover, and other forage seed crops, the second sentence thereof after the cleaning, bagging, and handling in specified herein, will have commenced at words “one side of the paper” the fol­ cleaning plants of sugar beet seed (5 the time this amendment is published, I lowing: “, unless there are more than F. R. 1117). This preliminary determi­ find good cause to waive the 30-day four pages, ”. nation was published in the F ederal period provided in § 526.10 of the regula­ As so amended § 1.15 (c> (1) will read R e g is t e r on Miarch 10, 1956 (21 F . R. tions, and this amendment shall become as follows: 1543) , and interested persons were given effective upon publication in the F ederal a period of 15 days in which to submit R e g is t e r . (c) Form—(1) Typewritten. Plead­ objections and to request a hearing. ings, documents, or other papers filed in No request for hearing or objection to . (Sec. 7, 52 Stat. 1063, as amended; 29 U. S. C. proceedings, if not printed, shall be type­ the preliminary determination has been, 207) written on paper cut or folded to letter received. Signed at Washington, D. C., this 3d size, 8 to 8% inches wide by 10V2 to 11 day of July 1956. inches long, with left-hand margin not One request was made for the revision of the determination which inadvertently N e w e l l B r o w n , less than 1 y2 inches wide and other did not include the curing of bluegrass Administrator, margins not less than 1 inch. The im­ seed at curing yards. Bluegrass seed is Wage and Hour Division. pression shall be on only one side of the received directly from farmers imme­ paper, unless there are more than four diately after harvesting and is cured by [F. R. Doc." 56-5386; Filed, July 6, 1956; Pages, and shall be double spaced, except country cleaning plants (in curing yards 8 :5 1 a .m .] that quotations in excess of a few lines located some distance from the plants) shall be single spaced and indented. before cleaning operations take place in Mimeographed, multigraphed, hecto- the plants. Operations at such curing, yards are clearly within the industry and P art 779—R e t a il or S e r v ic e E s t a b l is h ­ graphed, or planographed copies will be m e n t and R elated E x e m p t io n s accepted as typewritten, provided all do not affect the finding that the industry is seasonal in nature within the meaning ' application o f c e r t a in e x e m p t io n s copies are clearly legible. of the regulations. (Sec. 309, 49 S ta t. 858, sec. 16, 52 S ta t. 830; A request was also made to include After conferences with interested per­ 16 U. S. C. 825h, 15 U. S. C. 170 O) timothy and brome grass seeds in the sons and on examination of available Issued: July 6, 1956. group specified in the preliminary deter­ evidence, including an economic study of mination. In the absence of sufficient the trade, notice was published in the By the Commission. information to justify the inclusion of F ederal R e g is t e r (20 F. R. 8425) on No­ [ s e a l ] L e o n M . F u q u a y , these seeds, action on this request is de­ vember 10, 1955 that the Administrator Secretary. ferred until such information is received. of the Wage and Hour Division, United IF. R. Doc. 56-5382; Filed, July 6, 1956; Accordingly, pursuant to authority un­ States Department of Labor, proposed 8:50 a. m.J der section 7 (b) (3) of the Fair Labor to amend Part 779, Code of Federal Reg- 5056 RULES AND RÉGULATIONS illations (29 CFR Part 779).' Interested (ii) Automotive parts and accessories. 1060, as amended; 29 U. S. C. 201 et seq.), persons were given 30 days in which to Sales of parts and accessories to fleet Reorganization Plan No. 6 of 1950 (5 submit views, arguments or data on the accounts (customers opërating five or U. S. C. 611) and General Order No. 45-A proposal. more automobiles or trucks for business (15 F. R. 3290) /Title 29, Code of Federal Comments have been received from purposes) at wholesale prices. Whole­ Regulations, Part 786, § 786.1 is hereby several interested persons. After con­ sale prices are prices equivalent to, or amended to read as follows: sideration of all relevant matter pre­ less than, those typically charged on § 786.1 Enforcement policy concern­ sented, I conclude that the proposal sales for resale. ing performance of nonexempt work. should be adopted except for changes (4) Sales of specialized heavy motor The Division has taken the position that which may be noted in §§ 779.36 (b) (3) vehicles or bodies (16,000 pounds and the exemption provided by section 13 (b) (a),779.36 (b) (3) (b), 779.36 (b) (4) (b) over gross vehicle weight) : The follow­ (3) of the Fair Labor Standards Act of and by the addition of § 779.36 June 1956. automobile parts, accessories, servicing (ii) Full trailers and semitrailers and repair work will be considered retail (tractor and semitrailer and truck and N e w e l l B r o w n , except those set out below: trailer combinations) : Administrator, (1) Sales for resale: For example, Wage and Hour Division. sales for resale include sales to garages, Auto carrier. Coal. [F. R. Doc. 56-5369; Piled, July 6, 1956; service stations, repair shops and auto­ D um p. 8:46 a. m.] mobile dealers where these establish­ G arbage. ments resell the various items or where House carrier. they use them in repairing customers’ Low bed carry all. vehicles or in reconditioning used cars Pole (lumber). TITLE 31— MONEY AND for resale. However, this does not apply Refrigerator. FINANCE: TREASURY to transfers of Such items between de­ T an k . partments within the dealer’s establish­ V an. Chapter I— Monetary Offices; Depart­ ment. Thus, transfers of parts from the (5) Sales of servicing and repair work ment of the Treasury parts department to the service depart­ performed under a fleet maintenance ment of the automobile dealer’s estab­ arrangement on trucks and other au­ [Dept. Circular 1] lishment are not sales to the service tomotive vehicles whereby the estab­ P art 129—V a l u e s o f F o r e ig n M oneys department and are not, therefore, sales lishment undertakes to maintain a for resale. Such transfers from one de­ customer’s fleet at a price below the QUARTER BEGINNING JULY 1, 1956 partment to another will be disregarded prevailing retail price. J u l y 1, 1956. in computing the establishment’s sales (c) If 50 percent or more of the estab­ for determining the applicability of the lishment’s annual dollar volume of sales § 129.19 Calendar year, 1956. * * * 13 (a) (2) exemption. So also accommo­ of goods and services is made within (c) Quarter beginning July 1, Í956. dation transfers of automobiles between the state in which the establishment-is Pursuant to section 522, title IV, of the dealers will be disregarded in computing located and if 75 percent or more of the Tariff Act of 1930, reenacting section 25 the establishment’s sales under section annual dollar volume of sales of the of the act of August 27,1894, as amended, 13 (a) (2). Accommodation transfers establishment consists of sales which the following estimates by the Director refer to occasional exchanges or trans­ are not for resale and are recognized as of the Mint of the values of foreign fers of automobiles between dealers and retail, the exemption under section 13 monetary units, aré hereby proclaimed to not to situations wherein a dealer sup­ (a) (2) will apply to all employees em­ be the values of such units in terms of ployed by the establishment. the money of account of the United plies cars to other dealers as part of what States that are to be followed in estimat­ may be described as a distribution (52 Stat. 1060, as amended; 29 U. S. C. 201- ing the value of all foreign merchandise system. 219) (2) Sales made pursuant to a formal exported to the United States during the invitation to bid: Such sales are made Signed at Washington, D. C., this 3d quarter beginning July 1,1956, expressed under a procedure involving the issuance day of July 1956. in any such foreign monetary units: Provided, however, That if no such value by the buyer of a formal invitation to [ s e a l ] N e w e l l B r o w n , bid on certain merchandise for delivery Administrator, has been proclaimed, or if the value so in accordance with prescribed terms and Wage and: Hour Division. proclaimed varies by 5 per centum or specifications. Sales to the Federal, more from a value measured by the buy­ State, and local governments are typi­ [F. R. Doc. 56-5396; Piled, July 6, 1956; ing rate in the New York market at noon cally made in this manner. 8:53 a. m.] on the day of exportation, conversion (3) Fleet sales: shall be made at a value measured by (i) Automobiles and trucks. Sales of such buying rate as determined and cer­ automobiles and trucks to national fleet tified by the Federal Reserve Bank of accounts as designated by the various P art 786—M iscellaneous E x e m p t io n s New York and published by the Secretary automotive manufacturers, at fleet dis­ S u b pa rt A — C a r rier s b y A ir of the Treasury pursuant to the ProV1" counts, and sales to other fleet accounts ENFORCEMENT POLICY CONCERNING PER­ sions of section 522, title IV, of the Tariff (customers operating five or more auto­ Act of 1930. mobiles or trucks for business purposes) FORMANCE OF NONEXEMPT WORK at discounts equivalent to those provided Pursuant to authority under the Fair [ se a l ] D avid W. K endall, in sales to national fleet owners. Labor Standards Act of 1938 (52 Stat. Acting Secretary of the Treasury.

/ Saturday, July 7, 1956 FEDERAL REGISTER 5057

The value of foreign monetary units, as shown below in terms of United States money, is the ratio between the legal tained by the small business productive gold content of the foreign unit and the legal gold content of the United States dollar. It should be noted that this value, with respect to most countries, varies widely from the present exchange rates. Countries-not having a facilities of the Nation in the event of legally defined gold monetary unit, or those for which current information is not available, are omitted. attack and the capacity remaining avail­ able for mobilization purposes. Value in 4. The above measures will be under­ Country Monetary terms oí Remarks unit u. s. taken on a basis consistent with defense money mobilization assumptions, objectives and responsibilities for the Government as a $0.5128 Monetary Law No. 90 of Dec. 16,1948, effective Dec. 18,194$, content whole. To assure such consistency and of peso 0.50637 gram of gold 9/10 fine. Obligation to sell gold sus­ coordinated planning, proposed meas­ pended Sept. 24,1931. .1781 Parity of 0.158267 fine gram gold established by decree law 1367 effec­ ures and programs will be developed in tive Oct. 19,1951. consultation with the appropriate dele­ .4537 Conversion of notes into gold suspended Sept. 29,1931. gate agencies and will-lie submitted to Dominican Republic- 1.0000 By monetary law No. 1528 effective Oct. 9, 1947, gold content of peso equal to 0.888671 gram fine. the Director of the Office of Defense .4025 New unit established by Proclamation of the Emperor on May 25, Mobilization for review and approval. 1945, effective July-23,1945. .0426 Conversion of notes into gold suspended Oct. 12,1931. Periodic reports of progress shall be Quetzal.. - 1.0000 Decree No. 203 of Dec. 10, 1945, defined the monetary unit as 15%i submitted as requested. grains gold 9/10 fine. Conversion of notes into gold suspended Mar. 6,1933. 5. This order shall not affect any dele­ .2000 National bank notes redeemable on demand in U. S. dollars. gation of authority heretofore conferred Sol...... 4740 Conversion of notes into gold suspended May 18, 1932; exchange con­ trol established Jan. 23,1945. upon the Small Business Administrator. .5000 International value according to the Central Bank Act approved June 15,1948. Exchange control established. O f f ic e o f D e f e n s e Sweden.___ ...... i . K rona.__ .4537 " Conversion of notes into gold suspended Sept. 29,1931. M obilization , P eso.-.—- .6583 Present gold content of 0.585018 gram fine established by law of Jan. A r t h u r S. F l e m m in g , 18, 1938. Conversion of notes into gold suspended Aug. 2, 1914; exchange control established Sept, 7,1931. Director. Bolivar__ .3267 Exchange control established Dec. 12,1936. [F. R. Doc. 56-5363; Filed, July 6, 1956; 8:45 a. m.] (Sec. 522, 46 S ta t. 739; 31 U. S. C. 372) ♦ [P. R. Doc. 56-5391; Piled, July 6, 1956; 8:52 a. m.l Chapter VI-—Business and Defense TITLE 32A— NATIONAL DEFENSE, able to the other departments and agen­ Services Administration, Depart­ cies in extending their mobilization pro­ APPENDIX grams to all segments of small business. ment of Commerce Assignment of responsibilities. By vir­ [DMS Regulation No. 1, Direction 7 of Chapter I— Office of Defense tue of the authority vested in me pur­ , July 6,1956] Mobilization suant to the National Security Act of DMS R e g . 1— B a sic R u l e s o f t h e [Defense Mobilization Order 1-24J 1947, as amended; Reorganization Plan D e f e n s e M a te r ia ls S y s t e m No. 3, effective June 12, 1953; the De­ DMO1-24—A s s ig n m e n t o f D e f e n s e M o ­ fense Production Act of 1950, as DIR. 7— RESTRICTIONS ON STEEL SHIPMENTS b il iz a t io n R esponsibilities t o t h e amended; Executive Order 10480 of BY DISTRIBUTORS AND ACCEPTANCE OF Small B u s in e s s A dministration August 14,1953 ; and in order to facilitate DELIVERIES Introduction. The purpose of this De­ the development and coordination of fense Mobilization Order is to assign Federal policies and programs for cur­ This direction under DMS Regulation certain mobilization functions to the rent defense activities and readiness for No. 1 is found necessary apd appropriate Small Business Administration, to clarify any future mobilization, it is hereby to promote the national defense and is the relationship of the Small Business ordered : issued pursuant to the Defense Produc­ Administration to other departments 3. The Administrator of the Small tion Act of 1950, as amended. In the and agencies having assigned mobiliza­ Business Administration will be re­ formulation of this direction, consulta­ tion functions, and to provide for meas­ sponsible for developing and recom­ tion with industry representatives has ures designed to broaden the mobiliza­ mending plans and programs designed been rendered impracticable due to the tion base. to assure the maximum utilization of the need for immediate action and because 1. The Small Business Administration, productive facilities and capabilities of the direction affects many different in­ Pursuant to the Small Business Act of small business concerns in carrying out dustries. 1955, is concerned with the welfare of mobilization programs, including mobili­ Sec. small business in all areas of activity and zation under conditions of attack on the 1. What this direction does. empowered to coordinate and ascertain United States. 2. Prohibition on shipments and acceptance the means by which the productive ca­ Specifically the Administrator of the of deliveries. pacity of small business concerns can be Small Business Administration shall: Authority: S ectio n s 1 a n d 2 issued under most effectively utilized for war or (a) Obtain information on the pro­ sec. 704, 64 Stat. 816, as amended, sec. 1, P. L. defense production. ductive capabilities of small business to 632, 84th Cong., 70 Stat. 408; 50 U. S. C. App. 2 2154, Interpret or apply sec. 101, 64 Stat. Statement of policy. . It is the policy Contribute to mobilization programs; 799, as amended, sec. 705, 64 Stat. 816, as of the Federal Government that: (b) Consult and cooperate with other amended, sec. 1, P. L. 632, 84th Cong., 70 a. Mobilization planning and operat­ delegate agencies in developing mobili­ Stat. 408; 50 U. S. C. App. 2071, 2155; E. O. ing responsibilities will be assigned to zation plans dnd procedures designed to 10480, 18 F. R. 4939; 3 CFR, 1953 Supp.; the departments and agencies regularly bring the productive facilities of small DMO 1-7, 18 F. R. 5366, 6736; 32A CFR Ch. I; charged with similar peacetime func­ businesses to bear on mobilization re­ Commerce Dept. Order No. 152, 18 F. R. 6503, tions; quirements; 6791, 20 F. R. 6263. b. These departments and agencies, (c) Assist other delegate agencies in S e c t io n 1. What this direction does. before issuing orders or policies signifi­ providing guidance and leadership to The purpose of this direction is to reduce cantly affecting small business, will con­ small businesses in taking necessary ac­ disruption to the national defense pro­ sult with the Small Business Administra­ tions to insure their ability to participate gram resulting from the work stoppage ron in order that small business enter­ in mobilization readiness programs; in the steel producing industry. This prises may make the fullest possible July 4, urged emer­ gency action to provide this protection Subchapter F— Alaska Commercial Fisheries to the Bristol Bay runs now. Part 104—Bristol Bay Area Since an emergency has arisen and MISCELLANEOUS AMENDMENTS P art 130—H igh Seas Salmon F ishery immediate action is necessary, further notice and public procedure on these Basis and purpose. On the basis of Basis and purpose. The red salmon regulations are impracticable and they showings in the salmon runs in Bristol runs of Bristol Bay, once the most im­ shall become effective immediately upon Bay and to facilitate enforcement, it has portant in the world, are seriously de­ publication in the F ederal R egister (60 been determined that the following ac­ pleted, yielding only about one-third Stat. 237; 54 U. S. C. 1001 et seq.). tions are justified. their former production. As a conse­ A new part, designated Part 130, is Therefore, effective immediately upon quence, severe regulations have been im­ added to read as follows: publication in the F ederal R egister: posed on the established fishery, greatly 1. Notwithstanding the provisions of restricting the number of fishing boats § 130.1 Salmon fishing prohibited, ex­ paragraph (a) of § 104.5, fishing will be and fishing time. These measures have ception. No person or fishing vessel sub­ allowed 3 days per week in the Naknek- been necessary to reserve a breeding pop­ ject to the jurisdiction of the United Kvichak district and 2 days per week in ulation and prevent further depletion. States shall fish for or take salmon, ex­ the Nushagak district commencing' It has been determined that a fishery cept by trolling, on the high seas north Thursday, July 5, 1956. beyond the Territorial waters of Alaska of the Alaska Peninsula east of 162 de­ 2. Section 104.5 is amended in para­ and not subject to existing protective grees west longitude, including Bristol graph (b) in the third sentence of text regulations, would nullify such conserva­ Bay. to read as follows: “When the allowable tion measures and cause irreparable (Sec. 12, 68 Stat. 700; 16 U. S. C. 1031) fishing time is between 2 days and 4 days, damage to the already depleted red sal­ F red A. Seaton, fishing will commence at 9 o’clock ante­ mon runs to Bristol Bay. It was learned Secretary of the Interior. meridian Monday and 9 o’clock ante­ on July 3 that such high seas fishing meridian Thursday and will be continu­ was planned by certain operators, al­ J uly 5,1956. ous thereafter for one-half of the total though there has been adequate notice [F. R. Doc. 56-5449; Filed, July 6, 1956; time allowed.’* at public hearings, in trade journals, and 10:53 a. m.J

PROPOSED RULE MAKING d e p a r t m e n t o f t h e t r e a s u r y The following regulations for taxable S ec. 1341. Computation of tax where tax­ years beginning after December 31, 1953, payer restores substantial amount held un­ Internal Revenue Service and ending after August 16, 1954, except der claim of right— (a) General rule. l i ­ where otherwise specifically provided, are ti) An item was included in gross income l 26 CFR (1954) Part 1 ] for a prior taxable year' (or years) because hereby prescribed under parts V and VI it appeared that the taxpayer had an unre­ Income T ax; T axable Years B eginning of subchapter Q of chapter 1 of the In­ stricted right to such item; After December 31, 1953 ternal Revenue Code of 1954: (2) A deduction is allowable for the tax­ able year because it was established after CLAIM OF RIGHT Sec. 1.1341 Statutory provisions; computation the close of such prior taxable year (or years) Notice is hereby given, pursuant to the of tax where taxpayer restores that thè taxpayer did not have an unre­ Administrative Procedure Act, approved substantial amount held under stricted right to such item or to a portion June 11, 1946, that the regulations set claim of right. of such item; and 1.1341-1 Restoration of amounts received or (3) The amount of such deduction ex­ forth in tentative form below are pro­ ceeds $3,000, posed to be prescribed by the Commis­ accrued under claim of right. sioner of Internal Revenue, with the 1.1342 Statutory provisions; computation then the tax imposed by this chapter for of tax where taxpayer recovers the taxable year shall be the lesser of the approval of the Secretary of the Treasury substantial amount held by an­ follow ing: or his delegate. Prior to the final adop­ other under claim of right. (4) The tax for the taxable year com­ tion of such regulations, consideration 1.1342-1 Computation of tax where taxpayer puted with such deduction; or will be given to any data, views, or argu- recovers substantial amount (5) An amount equal to— Plaining thereto which are sub­ held by another under claim of (A) The tax for the taxable year com­ mitted in writing, in duplicate, to the right; effective date. puted without such deduction, minus commissioner of Internal Revenue, At­ 1.1346 Statutory provisions; recovery of (B) The decrease in tax under this chap­ unconstitutional Federal taxes. ter (or the corresponding provisions of prior tention; T:P, Washington 25, D. C., 1.1346 1-1 Recovery of unconstitutional taxes. revenue laws) for the prior taxable year within the period of 30 days from the 1.1347 Statutory provisions; c l a i m s (or years) which would result solely from uate of publication of this notice in the against United States involving the exclusion of such item (or portion toderal R egister. The proposed regu­ acquisition of property. thereof) from gross income for such prior lations are to be issued under the au­ 1.1347-1 Tax on certain amounts received taxable year (or years). from the United States. thority contained in section 7805 of the For purposes of paragraph (5) (B), the cor­ internal Revenue Code of 1954 (68A Stat. CLAIM OF RIGHT 917; 26 U. S. C. 7805). responding provisions of the Internal Reve­ § 1.1341 Statutory provisions; compu­ nue Code of 1939 shall be chapter 1 of such (seal] o . G ordon Delk, code (other than subchapter E, relating to tation of tax where taxpayer restores self-employment Income). !Acting Commissioner substantial amount held under claim of (b ) Special rules. (1) If the decrease in of Internal Revenue. right. tax ascertained under subsection (a) (5) (B) No. 131------5 5060 PROPOSED RULE MAKING exceeds the tax imposed by this chapter for (2) If the taxpayer computes his tax sion (i) of this subparagraph to be ex­ the taxable year (computed without the de­ for the taxable year under the provisions cluded from gross income for such year duction) such excess shall be considered to of section 1341 (a) (5) and subdivision (or years) shall be reduced in the same be a payment of tax on the last day pre­ scribed by law for the payment of tax for the (ii) of subparagraph (IX, the amount of proportion that the amount included in taxable year, and shall be refunded or cred­ the restoration shall not be taken into gross income under a claim of right was ited in the same manner as if it were an account in computing taxable income or reduced. overpayment for such taxable year, loss for the taxable year, including the (3) Determination of amount of de­ (2) Subsection (a) does not apply to any computation of any net operating loss duction attributable to prior taxable deduction allowable with respect to an item carryback or carryover or any capital years, (i) If the deduction otherwise which was included in gross income by reason loss carryover. allowable for the taxable year relates to of the sale or other disposition of stock in (3) If the tax determined -under sub- income included in gross income under trade of the taxpayer (or other property of a kind which would properly have been in­ paragraph (1) (i) is the same as the tax a claim of right in more than one prior cluded in the inventory of the taxpayer if on determined under subparagraph (1) (ii), taxable year and the amount attribut­ hand at the' close of the prior taxable year) the tax imposed for the taxable year un­ able to each such prior taxable year or property held by the taxpayer primarily der chapter 1 shall be the tax determined cannot be readily identified, then the for sale to customers in the ordinary course under subparagraph (1) (i), and section portion attributable to each such prior of his trade or business. This paragraph 1341 and this section shall not otherwise taxable year shall be that proportion of shall not apply if the deduction arises out of apply. the deduction otherwise allowable for refunds or repayments made by a regulated (c) Application to deductions which public utility (as defined in section 1503 (c) the taxable year which the amount of without regard to paragraph^2) thereof) if are capital in nature. Section 1341 and the income included under the claim of such refunds or repayments are required to this section shall also apply to a deduc­ right in question for the prior taxable be made by the government, political sub­ tion which is capital in nature otherwise year bears to the total of all such income division, agency, or instrumentality referred allowable in the taxable year. If the included under the claim of right for all to in su c h se ctio n . deduction otherwise allowable is capital such prior taxable years. §1.1341-1 Restoration of amounts in nature, the determination of whether (ii) The rule provided in subdivision received or accrued under claim of the taxpayer is entitled to the benefits of (i) of this subparagraph may be illus­ right—(a) In general. (1) If, during section 1341 and this section shall be trated as follows: the taxable year, the taxpayer is en­ made without regard to the net capital Example. Under a claim of right, A in­ titled under other provisions of chapter loss limitation imposed by section 1211. cluded in his gross income over a period of 1 to a deduotion of more than $3,000 be­ For example, if a taxpayer restores $4,000 three taxable years an aggregate of $9,000 in the taxable year and such amount is a for services to a certain employer, in amounts cause of the restoration to another of long-term capital loss, the taxpayer will, as follows: $2,000 for taxable year 1952, $4,000 an item which was included in the tax­ nevertheless, be considered to have met for taxable year 1953, and $3,000 for taxable payer’s gross income for a prior taxable the $3,000 deduction requirement for year 1954. In 1955 ft is established that A year (or years) under a claim of right, must restore $6,750 of these amounts to his the tax imposed by chapter 1 for the purposes of applying this section, al­ employer, and that A is entitled to a deduc­ taxable year shall be the tax provided though the full amount of the loss might tion of this amount in the taxable year in paragraph (b). not be allowable as a deduction for the 1955. The amount of the deduction attrib­ taxable year. However, if the tax for the utable to each of the prior taxable years (2) For the purpose of this sectiontaxable year is computed with the deduc­ cannot be identified. Accordingly, the “income included under a claim of right” tion taken into account, the deduction amount of the deduction attributable to means an item included in gross income allowable will be subject to the limitation each prior taxable year is: because it appeared from all the facts on capital losses provided in section 1211,

(c) In determining the portion of the £ 7 CFR Part 943 3 cotton. If such a quota is required, the taxable income attributable to any Secretary will also determine and pro­ amount specified in paragraph (a), the (Docket No. A0231-A8) claim the amount of the quota and the taxpayer shall allocate to such amount M i l k i n N o r t h T ex a s M a r k e t in g A rea amount of the national acreage allot­ received and to the gross income derived ment for the 1957 crop of upland cotton, from all other sources, the expenses, NOTICE OF HEARING ON PROPOSED EMERG­ and will issue regulations providing for losses, and other deductions properly ENCY AMENDMENT TO TENTATIVE MARKET­ apportionment of the national acreage attributable thereto, and shall apply any ING AGREEMENT AND TO ORDER, AS AMENDED allotment to States and the State acreage general, expenses, losses, and other de­ Pursuant to the Agricultural Market­ allotment to counties, for establishing ductions (which cannot be properly ap­ ing Agreement Act of 1937, as amended farm acreage allotments, and for other portioned otherwise) ratably to the gross (7 U. S. C. 601 et seq.) and in accordance related matters. income from all sources. The amount with the applicable rules of practice and Section 342 of the act requires the specified in paragraph (a), less the de­ procedure, as amended (7 CFR Part 900), proclamation of the national marketing ductions properly attributable thereto notice is hereby given of a public hearing quota to be made by the Secretary not and less its proportion of any general to be held at the Dallas Hotel, Dallas, later than October 15. In past years deductions, shall be the taxable income Texas, beginning at 10:00 a. m., July the proclamation has not been made un­ , attributable to such amount. The tax­ 11,1956. til the October 8 crop report is available, payer shall submit with his return a Subjects and issues involved in the in order that the latest official estimate statement fully explaining the mariner hearing. This public hearing is for the of production during the current year in which such expenses, losses, and de­ purpose of receiving evidence with re­ could be used in calculating the “total ductions are allocated or apportioned. spect to the economic and emergency supply” of cotton and the amount of [P. R. Doc. 56-5390; Piled, July 6, 1956; conditions which relate to the handling the national marketing quota. However, 8:52 a. m.] of milk in the North Texas, milk market­ because of the additional work and de­ ing area. More specifically considera­ terminations which are required in tion will be given to the pricing of Class connection with the 1957 crop by amend­ DEPARTMENT OF AGRICULTURE I milk to determine (1) the extent to ments contained in the Agricultural Act which drought conditions, shortage of of 1956, it will be necessary for the Sec­ Agricultural Marketing Service hay and feeds, and increasing prices of retary to issue his proclamation with available supplies of hay and feeds, con­ respect to the national marketing quota £ 7 CFR Part 53 ] stitute a threat to the adequacy of sup­ and to determine the national, State, and F ederal M eat G rading R e g u l a t io n s plies of pure and wholesome milk, and county acreage allotments as soon as (2) whether temporary emergency price possible after the first official estimate EXTENSION OF TIME FOR FILING COMMENTS relief is necessary to promote orderly of the 1956 cotton crop is made on Au­ ON PROPOSED REVISION marketing. gust 8, 1956. By beginning the 1957 On May 18, 1956, there was published This request for emergency action has program work at an earlier date, the in the F ederal R e g is t e r (21 F . R . 3284) been received from the North Texas Milk State and county Agricultural Stabiliza­ a notice that the Agricultural Marketing Producers Association whose members tion and Conservation Committees Service is considering revising the Fed­ constitute a majority of the producers should be able to perform their assigned eral meat grading regulations (7 CFR supplying milk to the North Texas mar­ functions under the program in an or­ Part 53, Subpart A, as amended) under keting area. derly manner and to issue notices of sections 203 and 205 of the Agricultural Copies of this notice of hearing may be individual farm allotments prior to the Marketing Act of 1946 (7 U. S. C. 1622, procured from the Market Adminis­ referendum to be held not later than 1624) as amended by Public Law 272, trator, 6619 Denton Drive, Dallas, Texas, December 15, 1956, even though the 84th Congress, and under the general or from the Hearing Clerk, Room 112, workload this year in the offices of these language in the item for the Agricultural Administration Building, United States committees will be substantially heavier Marketing Service in the Department of Department of Agriculture, Washington than in past years. Agriculture and Farm Credit Administra­ 25, D. C. or may be there inspected. Section 342 of the act provides that tion Appropriation Act, 1956 (Pub. Law Dated: July 3,1956. whenever during any calendar year the 40, 84th Congress). The proposed revi­ Secretary of Agriculture determines that sion is. intended to clarify the Federal [ se a l ] R o y W. L e n n a r t s o n , the total supply of cotton for the market­ meat grading regulations and make Deputy Administrator. ing year beginning in such calendar year various changes therein found advisable [F. R. Doc. 56-5409; FUed, July 6, 1956; will exceed the normal supply for such on the basis of experience in conducting 8:57 a. m .] marketing year, the Secretary shall pro­ the Federal meat grading service. The claim such fact and a national marketing notice provided a 45-day period after quota shall be in effect for the crop of the date of publication of the notice cotton produced in the next calendar within which interested persons could Commodify Stabilization Service year. This section provides further that submit written data, views, or arguments the Secretary shall also determine and to the Chief, Meat Grading Branch, con­ [ 7 CFR Part 722 3 specify in such proclamation the amount cerning the proposed revision. It is now of the national marketing quota in terms deemed advisable to provide additional 1957 C r o p o f U pl a n d C o t t o n of the number of bales of cotton ade­ time for such submission. Any person NOTICE OF ' DETERMINATIONS TO BE MADE quate, together with (1) the estimated who wishes to do so may file written WITH RESPECT TO A NATIONAL MARKETING carry-over at the beginning of the mar­ data, views, or arguments relating to the QUOTA, NATIONAL, STATE, AND COUNTY keting year which begins in the next Proposed revision with the Chief, Meat ACREAGE ALLOTMENTS, AND FORMULATION calendar year and (2) the estimated im­ Gradihg Branch, Livestock Division, OF REGULATIONS PERTAINING TO ACREAGE ports during such marketing year, to Agricultural Marketing Service, U. S. ALLOTMENTS make available a normal supply of cotton. Department of Agriculture, Washington Pursuant to the authority contained in Under the provisions of this section of 25, D. C., not later than 30 days after applicable provisions of the Agricultural the act the national marketing quota for date of publication of this document in Adjustment Act of 1938, as amended (7 any year may not be less than 10 million the F ederal R e g is t e r . U. S. C. 1301-1388), hereinafter referred bales or 1 million bales less than the Done at Washington, D. C., this 2d to as the “act”, including amendments estimated domestic consumption plus ex­ day of July 1956. contained in the Agricultural Act of 1956 ports of cotton for the marketing year (Pub. Law 540,84th Cong., approved May ending in the calendar year in which [seal] R o y W . L e n n a r t s o n , 28,1956), the Secretary of Agriculture is such quota is proclaimed, whichever is Deputy Administrator, preparing to determine, as soon as pos­ smaller. Section 302 of the Agricultural Agricultural Marketing Service, sible after August 8,1956, whether a na­ Act of 1956 amended section 342 to pro­ [P. R. Doc. 56-5377; Piled, July 6, 1956; tional marketing quota is required to be vide that the national marketing quota 8:49 a. m.] proclaimed for the 1957 crop of upland for 1957 and 1958 shall be not less than 5064 PROPOSED RULE MAKING the number of bales required to provide tional acreage allotment and will not be is available, there shall be allotted the a national acreage allotment for 1957 and taken into account in establishing future smaller of the following: (A) four acres; 1958 equal to the national acreage al­ State allotments. or (B) the highest number of acres lotment for 1956. The proclamation of There appear below the language of planted to cotton in any year of such the national marketing quota is required several additional amendments to the three-year period.” to be made not later than October 15 of act which are contained in the Agricul­ 4. The first sentence of section 344 the calendar year in which the determi­ tural Act of 1956. These amendments (f) (6) of the Agricultural Adjustment nation is made that the total supply of are applicable only to the 1957 and 1958 Act of 1938, as amended, is amended to cotton exceeds the normal supply. crops of upland cotton. read as follows: “Notwithstanding the As defined in section 301 of the act, for 1. Section 344 (b) of the Agricultural provisions of paragraph (2) of this sub­ purposes of the determinations provided Adjustment Act of 1938, as amended, is section, if the county committee recom­ for in section 342 of the act, “total sup­ amended by inserting before the period mends. such action and the Secretary ply” of cotton for any marketing year is at the end thereof a colon and the fol­ determines that such action will result the carry-over at the beginning of such lowing: “Provided, That there is hereby in a more equitable distribution of the marketing year, plus the estimated pro­ established a national acreage reserve county allotment among farms in the duction of cotton in the United States consisting of one hundred thousand acres county, the remainder of the county during the calendar year in which such which shall be in addition to the national acreage allotment (after making allot­ piarketing year begins, and the estimated acreage allotment; and such reserve shall ments as provided in paragraph (1) of imports of cotton into the United States be apportioned to the States on the basis this subsection) shall be alloted to farms during such marketing year; “carry­ of their needs for additional acreage for other than farms to which an allotment over” of cotton for any marketing year establishing minimum farm allotments has been made under paragraph (1) (B) is the quantity of cotton on hand in the under subsection (f) (1), as determined of this subsection so that the allotment United States, at the beginning of such by the Secretary without regard to State to each farm under this paragraph to­ marketing year, not including any part and county acreage reserves (except that gether with the amount of the allotment of the crop which was produced in the the amount apportioned to Nevada shall of such farm under paragraph (1) (A) United States during the calendar year be one thousand acres), and the addi­ of this subsection shall be a prescribed then current; “normal supply” of cotton tional acreage so apportioned to the percentage (which percentage shall be for any marketing year is the estimated State shall be apportioned to the counties the same for all such farms in thecounty) domestic consumption of cotton for the on the same basis and added to the of the average acreage planted to cotton marketing year for which such normal county acreage allotment for apportion­ on the farm during the three years im­ supply is being determined, plus the esti­ ment to farms pursuant to subsection mediately preceding the year for which mated exports of cotton for such market­ (f) of this section (except that no part such allotment is determined, adjusted ing year, plus 30 per centum of such con­ of such additional acreage shall be used as may be necessary for abnormal con­ sumption and exports as an allowance to increase the country reserve above 15 ditions affecting plantings during such for carry-over; and “marketing year” for per centum of t£e county allotment de­ three-year period: Provided, That the cotton is the period August 1-July 31. termined without regard to such addi­ county committee may in its discretion Section 344 (a) of the act provides that tional acreage). Additional acreage ap­ limit any farm acreage allotment estab­ whenever a national marketing quota is portioned to a State for any year under lished under the provisions of this para­ proclaimed under section 342, the Secre­ the foregoing proviso shall not be taken graph for any year to an acreage not tary shall determine and proclaim a na­ into account in establishing future State in excess of 50 per centum of the crop­ tional acreage allotment for the crop of acreage allotments. Needs for addition­ land on the farm, as determined pursu­ cotton to be produced in the next calen­ al acreage under the foregoing proviso ant to the provisions of paragraph (2) dar year. The national acreage allot­ and under the last proviso in subsection of this subsection: Provided further, ment for cotton is that acreage, based (e) shall be determined as though allot­ That any part of the county acreage upon the national average yield per acre ments were first computed without re­ allotment not apportioned under this of cotton for the 5 years immediately gard to subsection (f) (1).” paragraph by reason of the initial appli­ preceding the calendar year in which the 2. Section 344 (e) of the Agricultural cation of such 50 per centum limitation national marketing quota is proclaimed, Adjustment Act of 1938, as amended, is shall be added to the county acreage re­ is required to make available from such amended by inserting before the period serve under paragraph (3) of this sub­ crop an amount of cotton equal to the at the end thereof a colon and the fol­ section and shall be available for the national marketing quota. lowing: “Provided further, That if the purposes specified therein.” As indicated above in connection with additional acreage allocated to a State The regulations which the Secretary section 342 of the act, the national acre­ under the proviso in subsection (b) is will issue to govern the apportionment age allotment for 1957 is required to be less than the requirements as determined of the 1957 national acreage allotment to at least as large as the 1956 national by the Secretary for establishing mini­ States, counties, and farms, as well as acreage allotment, which was 17,391,304 mum farm allotments for the State un­ related matters, will contain such pro­ acres. der subsection (f) (1), the acreage re­ visions as are necessary to implement If a national acreage allotment is pro­ served by the State committee under this the four amendments set out above. claimed for the 1957 crop of upland cot­ subsection shall not be less than the Otherwise, except as discussed' herein, ton, such allotment will be apportioned smaller of (1) the remaining acreage so such regulations are expected to be sub­ among the States, as provided by section determined to be required for establish­ stantially the same as the regulations 344 (b) of the act, on the basis of the ing minimum farm allotments or (2) 3 issued for the 1956 crop of upland cot­ acreage planted to cotton during the 5 per centum of the State acreage allot­ ton (20 P. R. 8247, 8737, 8951). calendar years 1951, 1952, 1953, 1954, ment; and the acreage which the State Section 344 (e) of the Agricultural Ad­ and 1955, with adjustments for abnormal committee is required to reserve under justment Act of 1938, as amended, pro­ weather conditions during such period. this proviso shall be allocated to counties vides that “the State ■ committee may However, section 342 of the act, as on the basis of their needs for additional reserve not to exceed 10 per centum of amended by section 302 of the Agricul­ acreage for establishing minimum farm its State acreage allotment (15 per tural Act of 1956, provides that if the allotments under subsection (f) (1), and centum if the State’s 1948 planted acre­ acreage allotment for any State for added to the county acreage allotment age was in excess of one million acres and 1957 or 1958 is less than its allotment for for apportionment to farms pursuant to less than half its 1943 allotment) which the preceding year by more than 1 per­ subsection (f) of this section (except shall be used to make adjustments in. cent, such State allotment shall be in­ that no part of such additional acreage county allotments for trends in acreage, creased so that the reduction shall not shall be used to increase the county re­ for counties adversely affected by abnor­ exceed 1 percent per annum. There­ serve above 15 per centum of the county mal conditions affecting plantings, or for fore, the 1957 cotton acreage allotment allotment determined without regard to small or new farms, or to correct in­ for each State will be at least 99 percent such additional acreages).” equities in farm allotments and to pre­ of the 1956 State acreage allotment. 3. Section 344 (f) of the Agricultural vent hardship.” This State reserve pro­ The additional acreage which a State re­ Adjustment Act of 1938, as amended, is vision was added to the act by amend­ ceives under this minimum allotment amended by changing paragraph (1) to ments enacted in 1949 and 1953 (63 Stat. provision will be in addition to the na­ read as follows; “Insofar as such acreage 670, 68 Stat. 4). Acreage allotments Saturday, July 7, 1956 FEDERAL REGISTER 5065 have been in effect for the 1954,1955, and Prior to making any of the foregoing United States Department of Agricul­ 1956 crops of cotton, and, in view of the determinations with respect to the na­ ture, responsible for the performance of data and information now available in tional marketing quota, the national the function involved. connection with the use of State reserves acreage allotment, the apportionment of (i) State inspector. An inspector reg­ during the three years specified, it is pro­ the national acreage allotment to States ularly employed in livestock or poultry posed that the regulations for the 1957 and the State acreage allotments to sanitary work of a State or a political crop will limit the size of the State acre­ counties, and the formulation of regu­ subdivision thereof, who is authorized by age reserve (except the acreage reserved lations for the measurement of farms, such State or political subdivision to per­ for small farms) to two percent of the for the establishment of farm acreage form the function involved. State acreage allotment unless the Sec­ allotments for the 1957 crop of upland (j ) Accredited veterinarian. A veter­ retary, on the basis of recommendations cotton, and other related matters, con­ inarian specifically approved by the and data submitted by the State commit­ sideration will be given to any data, United States Department of Agriculture tee, approves the use of a larger State views, and recommendations pertaining to perform the function involved. reserve for the State. Under section 344 thereto which are submitted in writing (f) (3) of the act the county committee to the Director, Cotton Division, Com­ § 82.2 General restrictions. Except is authorized to reserve not to exceed 15 modity Stabilization Service, United as provided in § 82.3, poultry from flocks percent of the county acreage allotment States Department of Agriculture, Wash­ in which psittacosis or ornithosis has for establishing new farm allotments and ington 25, D. C., within 15 days follow­ been determined to exist, carcasses and adjusting allotments established for old ing the publication of this notice in the parts and offal of such poultry, eggs for farms. It is expected that the regula­ F ederal R e g is t e r . The date of the post­ hatching produced by such poultry, and tions for the 1957 crop will leave the mark will be considered as the date of manure and litter from such poultry, county committees largely free to decide any submission. shall not be moved interstate for any purpose. the percentage of the county acreage Done at Washington, D. C., this 3d allotment to be reserved for the specified day of July 1956. § 82.3 Movement of poultry from uses. The Secretary will provide for the flocks which have "been infected. Poul­ approval and publication in the F édérai. [ s e a l ] W alter C. B er g er , try from flocks in which psittacosis or Register of the State and county acreage , Acting Administrator. ornithosis has been determined to exist allotments and the acreages reserved by [P. R. Doc."56-5440; Piled, July 6, 1956; may be moved interstate under this sub­ the State and county committees. The 8:58 a. m.j part to an establishment specifically ap­ regulations for the 1957 crop will also proved for the purpose by tl\e Chief of contain provisions implementing section the Branch for immediate slaughter at 377 of the Agricultural Adjustment Act such establishment if accompanied by a of 1938, as amended, which provides that Agricultural Research Service permit obtained by the owner or shipper a farm owner or operator may preserve from a Federal inspector, a State in­ the allotment for his farm by complying E 9 CFR Part 82 ] spector, or other inspector who may be with certain provisions regarding notice P s it t a c o s is o r O r n it h o s is i n P o u l t r y approved by the Chief of Branch for this to the county committee. In addition, purpose, and a certificate of a veter­ the regulations for 1957 will implement PROPOSED RESTRICTIONS ON INTERSTATE inarian of the Agricultural Research section 106 (a) of the Agricultural Act MOVEMENT Service, a veterinarian employed by a of 1956, which provides, in effect, that Notice is hereby given in accordance State or a political subdivision thereof, in the establishment of 1957 farm acre­ with section 4 of the Administrative Pro­ or an accredited veterinarian, showing age allotments, any acreage placed in the cedure Act (5 U. S. C. 1003) that, pursu­ that he has made an inspection of the acreage reserve and conservation reserve ant to the provisions of section 6 of the flock on the premises of origin just prior programs for 1956 shall be credited to act of May 29, 1884, as amended (21 to the interstate movement of such poul­ the farm as though such acreage had U. S. C. 115), and sections 1 and 2 of try, and that the flock no longer shows actually been devoted to the production the act of February 2, 1903, as amended any clinical evidence of acute infection of cotton in 1956, except that no such (21 U. S. C. 111-113, 120), it is proposed of psittacosis or ornithosis. acreage credit shall be given to a farm to amend Subchapter C, Chapter I, Title- for acreage allotments reapportioned to § 82.4 Cleaning and disinfecting ve­ 9, Code of Federal Regulations, by adding hicles, premises, and accessories, (a) it under the provisions of the Agricul­ a new Part 82 to read: tural Adjustment Act of 1938, as Railroad cars, boats, trucks, and other amended, that have been placed in the P art 82—P s it t a c o s is o r O r n it h o s is i n vehicles, and yards and other premises, acreage reserve program. P o u l t r y which have contained poultry affected with psittacosis or ornithosis shall be Section 343 of the act provides that not § 82.1 Definitions. As used in this later than December 15 following the is­ cleaned and disinfected in accordance part, the following terms shall have the with the provisions of §§71.4 through suance of the proclamation of the na­ meanings set forth in this section. 71.11 of this subchapter: Provided, how­ tional marketing quota provided for in (a) Psittacosis or ornithosis. The con­ ever, That such vehicles, and yards and section 342 of the act, the Secretary shall tagious, infectious, and communicable other premises, may be cleaned and dis­ conduct a referendum, by secret ballot, disease of poultry known as psittacosis infected under the supervision of a Fed­ of farmers engaged in the production of or ornithosis. eral inspector, a State inspector, or an cotton in the calendar year in which the (b) State. Any State, Territory, or accredited veterinarian; And provided, referendum is held, to determine whether the District of Columbia. further, That if such supervision or such farmers are in favor of or opposed (c) Interstate. From one State to any proper cleaning and disinfection facili­ to the quota so proclaimed. If a quota other State. ties are not available at the point where is proclaimed for the 1957 crop of cotton, (d) Person. Any person, company, or the poultry is unloaded, upon permissipn it is expected that the Secretary will fix corporation. first received from the Branch, such a the date of the referendum reasonably (e) Moved. Shipped, transported or vehicle may be forwarded to a point at close to the final date of December 15, otherwise moved, or delivered or received which such supervision and facilities are 1956, for holding it in order to allow for movement, by any person. available and there be cleaned and dis­ maximum time for establishing 1957 (f) 'Branch. The Animal Disease infected. farm acreage allotments and issuing no­ Eradication Branch, Agricultural Re­ (b) Coops, containers, troughs, and tices thereof to farmers. Section 362 of search Service, United States Depart­ other accessories used in the handling of the act provides that notice of the farm ment of Agriculture. interstate movements of poultry affected acreage allotment established for each (g) Chief of Branch. The Chief of with psittacosis or ornithosis shall be farm' shown by the records of the county the Branch, or any other official of the cleaned and disinfected as soon as possi­ committee to be entitled to such allot­ Branch to whom authority has hereto­ ble thereafter and before' such acces­ ment shall, insofar as practicable, be fore been delegated or may hereafter be sories are moved from the point of mailed to the farm operator in sufficient delegated to act in his stead. unloading. Such cleaning and disin­ time to be received prior to the date of - (h) Federal inspector. An inspector fecting shall be done under the super­ the referendum. of the Agricultural Research Service, vision of a Federal inspector, a State in- 5066 PROPOSED RULE MAKING spector, or accredited veterinarian, with Done at Washington, D. C., this 2d day antenna towers and the multiple use a permitted disinfectant specified in of July 1956. of structures for supporting antennas is §§71.10 and 71.11 of this subchapter. related to the air hazard criteria for de­ If such supervision or proper cleaning [ se a l ] M . R . C l a r k so n , termining antenna height and location and disinfection facilities are not avail­ Acting Administrator, presently being developed by the Joint able at the point where the poultry is Agricultural Research Service. Industry /Government Tall Structures unloaded, upon permission first received [F. R. Doc. 56-5381; Filed, July 6, 1956; Committee (JIGTSC) of the Air Co­ from the Branch, such an accessory may 8:49 a. m.] ordinating Committee; and be forwarded to a point at which such It further appearing that in view of supervision and facilities are available the relationship between the above-cap­ and there clean and disinfect the ac­ FEDERAL COMMUNICATIONS tioned proceeding and the continuing cessory. . COMMISSION work of the JIGTSC, the public interest (c) Coops, containers, troughs, and would be served by further extension of other accessories used in the handling of [ 47 CFR Parts 1, 17 1 the time for reception of comments in intrastate movements of poultry affected [Docket No. 11665] this Docket in the manner requested: with psittacosis or ornithosis shall not It is ordered, This 29th day of June be moved interstate until such acces­ C onstruction , M a r k in g and L ig h t in g o f 1956, that pursuant to authority con­ sories have been cleaned and disinfected A n t e n n a S t r u c tu r es tained in § 0.322 (b) of the Commission’s under the supervision of a Federal in­ EXTENSION OF TIME FOR FILING COMMENTS rules, the time for filing comments in spector, a State inspector, or an accred­ In the matter of amendment of Parts the above-captioned matter is hereby ited veterinarian, with a permitted dis­ 1 and 17 of the Commission's rules and extended from July 2,1956, to September infectant specified in §§ 71.10 and 71.11 regulations. 3,1956, and that rebuttal comments may of this subchapter. The Commission having under con­ be filed within 20 days from the extended Any person who wishes to submit writ­ sideration a petition dated June 28,1956, closing date for original comments. ten data, views, or arguments concern­ filed on behalf of Deep South Broad­ ing the foregoing proposed regulations casting Company, Selma, Alabama, re­ Released: July 2,1956. may do so by filing them with the Chief, questing further extension of time in F ederal C ommunications Animal Disease Eradication Branch, which to submit comments directed to C o m m is s io n , Agricultural Research Service, United the Commission’s Notice of Proposed [ se a l ] M ary J a n e M o r r is , States Department of Agriculture, Wash­ Rule Making in the above-captioned ington 25, D. C., within 30 days after matter: Secretary. publication hereof in the F ederal R e g is ­ It appearing that the Commission’s [F. R. Doc. 56-5398; Filed, July 6, 1956; t e r . proposal to encourage the grouping of 8:54 a. m .]

NOTICES

DEPARTMENT OF THE INTERIOR administrative sites in the Routt Na­ Trout Creek Campground: tional Forest. T. 3 N., R . 86 W., Bureau of Land Management For a period of thirty (30) days from Sec. 18: Lots 20 and 21. Jack Creek Campground: [Order No. 615, Amdt. 1] the date of publication of this notice, T. 5 N., R. 77 W., persons having cause may present their Teller Townsite Tract in Sections 2 and 3. D e l e g a tio n o f A u t h o r it y ; C o n tr a ct s objections in writing to the undersigned Rabbit Ears Lake Recreation Area: and L ea ses official of the Bureau of Land Manage­ T. 5 N., R. 82 W., ment, Department of the Interior, 357 Sec. 8 : S1/2SWÎ4, NW&SWyi, S&NEft r ev o c a tio n New Custom House, P. O. Box 1018, Den­ SW&. J u l y 2, 1956. ver 1, Colorado. Aspen Campground: Section 3 of Order No. 15, dated June If circumstances warrant it, a public T. 6 N., R . 77 W., 12, 1956, is amended to read: hearing will be held at a convenient time Sec. 4: NW &SE^. and place, which will be announced. Upper South Fork Campground: S e c . 3.- Revocation. Bureau Order No. T. 6 N„ R . 77 W., The determination of the Secretary on Sec. 26: SW>/4S W ‘/4N W ‘/4, NW«4NW1/4 498 and Amendment No. 1 thereof are the application will be published in the revoked effective July 15, 1956. S W ft; F ederal R e g is t e r . A separate notice will Sec. 27: SE^SE^N E^, NE&NE&SE&. D e p u e F a l c k , be sent to each interested party of record. Grizzly Creek Administrative Site : Acting Director. The lands involved in the application T. 7 N., R. 82 W., are: Sec. 21: SE%NE%. [F. R. Doc. 56-5387; Filed, July 6, 1956; Roxy Ann Lake Recreation Area : 8:51 a. m.] S ixth P rincipal Meridian, Colorado T . 8 N., R 82 W., ROUTT NATIONAL FOREST Sec. 7 : Lot 4; Sec. 18 : Lots 1 and 2. Rock Creek Campground: T; 8 N„ R. 83 W., T. 1 N., R. 82 W., Sea 12: SE%SE^; C olorado Sec. 7: Lot 15. Sec. 13: E^N E^. NOTICE OF PROPOSED WITHDRAWAL AND T . 1 N., R . 83 W., Slide Lake Recreation Area: RESERVATION OF LANDS Sec. 12: Ei/2SE^SEV 4. T. 8 N., R. 83 W., Shoe and Stocking Campground: Sec. 24: NE*4. T. 1 N., R. 83 W., J u n e 28, 1956. Bear Lake Recreation Area: Sec. 13: NWy4SWy4. T. 9 N.. R. 82 W., The United States Forest Service of Stillwater Campground: Sec. 5: SE&SW&, SW&SEÎ4; the Department of Agriculture has filed T. 1 N., R. 86 W., Sec. 8 : N W ^ N E ^ ,. an application, Serial No. 012317, for Sec. 20: NVfcNW^. Bighorn Lakes Recreation Area: withdrawal of the lands described below, Cold Spring Campground: T. 9 N„ R. 82 W., from all forms of appropriation under T. 1 N., R. 87 W., Sec. 18: SE&NW^. the public land laws, including the gen­ Sec. 26: W ^NE^NE^. E&NW&NEft. Lake Katherine Recreation Area: eral mining laws but not the mineral M orrison C reek C a m p g ro u n d : T. 9 N., R. 82 W., T. 2 N., R. 83 W.. , Sec. 18: SE%SE;4; leasing laws, subject to existing valid Sec. 6 : S% SEy4. Sec. 19: N^NE%. claims. Little Oak Creek Campground: Blue Lake Recreation Area: The applicant desires the land for use T. 3 N., R. 86 W „ T. 10 N., R. 82 W., as camp grounds, recreation areas and Sec. 31: Lots 16 and 17. Sec. 21: N%SW]4. Saturday, July 7, 1956 FEDERAL REGISTER 5067 Twin Lakes Recreation Area: tions should be in writing, should be ad­ In case any objection is filed and the T. 10 N., R . 82 W., Sec. 28: dressed to the Secretary of the Interior, nature of the opposition is such as to Helena Campground: and should- be filed in duplicate in the warrant it, a public hearing will be held T. 11 N., R. 82 W , Department of the Interior, Washington at a convenient time and place, which Sec. 27: SE»,4. 25, D. C. will be announced, where opponents to Ute Lake R e c re a tio n A rea: In case any objection is filed and the the order may state their views and T. 10 N.. R. 82 W., nature of the opposition is such as to where the proponents of the order can Sec. 33: NW%NE%. warrant it, a public hearing will be held explain its purpose, intent, and extent. King Solomon Campground: T. 11 N., R . 85 W., at a convenient time and place, which Should any objection be field, notice of Sec. 16: SW&SW%. will be announced, where opponents to the determination by the Secretary as Silver C ity C am p g ro u n d : the order may state their views and to whether the order should be rescinded, T. 11 N., R. 85 W., where the proponents of the order can modified-or let stand will be given to all Sec. 24: NW ^SW ^NEft. explain its purpose, intent, and extent. interested parties of record and the gen­ Big Red P a rk C a m p g ro u n d : Should any objection be filed, notice of eral public. T. 11 N., R. 85 W., the determination by the Secretary as to ielsen Sec. 24: NE^NE^SW ^. E. G. N , Lower W hiskey C reek C a m p g ro u n d : whether the order should be rescinded, Acting Commissioner. T. 12 N., R . 85 W.. modified or let stand will be given to all [P. R. Doc. 56-5419; Eiled, July 6, 1956; Sec. 33: SE&NE&. interested parties of record and the gen­ 8:57 a. m.] eral public. Total area, 2,140.84 acres. E. G. Nielsen, J . E l l io t t H all, Assistant Commissioner. Acting State Supervisor. [P. R. Doc. 56-5367; Piled, July 6, 1956; Office of the Secretary [P. R. Doc. 56-5388; P iled, Ju ly 6, 1956; 8:45 a. m.] [Cheyenne 044948-052923] 8:52 a. m.] W y o m in g

C olorado R iv e r S torage P r o je c t , U ta h r e s t o r in g t o tr ib a l o w n e r s h ip m in e r a l s Bureau of Reclamation FIRST FORM RECLAMATION WITHDRAWAL RESERVED TO UNITED STATES Colorado R iver Storage P roject, Utah By virtue of the authority vested in J a n u a ry 25, 1956. the Secretary of the Interior by section 5 FIRST FORM RECLAMATION WITHDRAWAL Pursuant to the authority delegated of the act of July 27,1939 (53 Stat. 1128), by Departmental Order No. 2765 of July it is ordered as follows: April 25,1956. 30, 1954, I hereby withdraw the follow­ Pursuant to the authority delegated by The minerals reserved to the United ing described lands from public entry, States,in the following-described lands, Departmental Order No. 2765 of July 30, under the first form of withdrawal, as 1954, I hereby withdraw the following- which lands have heretofore been pat­ provided by section 3 of the act of June ented by the United States and reac­ described lands from public entry, under 17, 1902 (32 Stat. 388): the first form of withdrawal, as provided quired by it in trust for the Shoshone by section 3 of the act of June 17, 1902 S alt Lake B ase and Meridian, Utah and Arapahoe Tribes of Indians of the (32 Stat., 388): T. 2 N., R. 23 E„ Wind River Reservation, are hereby re­ Sec. 15: lots 1, 2, 3, 4, 7 and 8, a n d stored to tribal ownership for the benefit Salt Lake Base and Meridian, Utah S E ^ S E ^ ; of s,aid tribes of Indians and are hereby T. 2 N., R. 21 E., Sec. 16: lots 1 to 8, incl., N ^N E^, NW& added to and made a part of the existing Secs. 1, 2, 3, 4, 7, 8 and 9, all. SW 14 a n d s y 2s y 2; reservation: T. 3 N., R. 21 E., Sec. 2 1 : Ny2, SWi4, NE 14SE 14 a n d Wy2 Sec. 36, all. S E % ; . Wind R iver Meridian T. 2 N., R. 22 E., Se«. 22: s y 2 a n d E»/2S W ^ . T. 6 N., R. 3 W., sec. l, ei/2, Ey2w y 2, Ny2Ny2NW i4 Nw»4 , Sec. 6, SWV4NE 14 a n d Wy2SE>4; sy2 SWy4 NWi/ 4 a n d w y 2SW»4 ; The above areas aggregate 1,960.40 Sec. 7, N W 14NE 14, W '/2SEy4, and SE*4 Secs. 2, 5, 11 a n d 12 , all • acres. SE%; Sec. 20, Lots 1, 2, 3, and 4, N y2. N E ^ S W 1^, E. G. Nielsen, Sec. 17, N ^N ^; Ni/2SEy4 and SE&SE54; Acting Commissionar. Sec. 18, NE 14NE 14. Secs. 21 a n d 22, all. T. 3 N., R. 22 E„ £70773] The areas described aggregate 480 Secs. 31, 32, 33,34, 35 and 36, all. acres. u l y T. 2 N., R. 23 E., J 2, 1956. W e s l e y A . D ’E w a r t , Secs. 6, 7 ,8, 9 a n d 10, all. I concur. The records of the Bureau Assistant Secretary of the Interior. of Land Management will be noted ac­ The above areas aggregate 17,453.53 J u l y 2, 1956. acres. * cordingly. The vacant public lands shall be ad­ [P. R. Doc. 56-5368; Piled, July 6, 1956; E. G. Nielsen, ministered by the Bureau of Land 8:46 a.'m .] Assistant Commissioner. Management until they are needed for £71676J reclamation purposes. J uly 2, 1956. D e p u e F a lc k , ~~ £69322] I concur. The records of the Bureau Acting Director, of Land Management will be noted ac­ Bureau of Land Management. Oregon cordingly. Notice for Filing Objections to Order EXCHANGING ADMINISTRATIVE JURISDICTION D epue P alck, OF CERTAIN OREGON AND CALIFORNIA RAIL­ Acting Director. Withdrawing Public Lands for the Col- or ado River Storage Project, Utah ROAD GRANT LANDS AND NATIONAL FOREST Bureau of Land Management. LANDS Notice for Filing Objections to Order Notice is hereby given that for a period Correction of 30 days from the date of publication withdrawing Public Lands for the In the notice of correction (21 F. R. Colorado River Storage Project, Utah of this notice, persons having cause to object to the terms of the above order 4977) to Federal Register Document 56- Notice is hereby given that for a withdrawing certain public lands in the 5018 (21 F. R. 4525), item (f) correcting Period of 30 day« from the date of pub­ State of Utah for use in connection with Part II of the order should read as fol­ lication of this notice, persons having the proposed Colorado River Storage lows: cause to object to the terms of the above Project may present their objections to (f) Add “T. 37 S., R. 3 E.,” just prior to order withdrawing certain public lands the Secretary of the Interior. Such ob­ the third line, from the bottom, third n the State of Utah for use in connec­ jections should be in writing, should be column, page 4529 (Jackson County) to tion with the proposed Flaming Gorge addresesd to the Secretary of the In­ indicate that the lands following sec. 1 unit, Colorado River Storage Project terior, and should be filed in duplicate and preceding sec. 35, now listed under niay present their objections to the in the Department of the Interior, T. 40 S., R 1 E., are in the former town­ secretary of the interior. Such objec­ Washington 25, D. C. ship. 5068 NOTICES

DEPARTMENT OF AGRICULTURE thereof are hereby ratified and con­ Neville Miller, on behalf of Salem Broad­ firmed. casting Company; and Thomas B. Fitz­ Office of the Secretary patrick, on behalf of the Broadcast Executed at Washington, D*. C., on July Bureau. O reg o n 2,1956. Pursuant to the provisions of §§ 1.813 EXCHANGING ADMINISTRATIVE JURISDICTION For the Attorney General. and 1.841 of the Commission’s rules, and OF CERTAIN OREGON AND CALIFORNIA RAIL­ [s e a l ] D allas S . T o w n s e n d , in accordance with notice duly given, a ROAD GRANT LANDS AND NATIONAL FOREST Assistant Attorney General, pre-hearing conference in the above-en­ LANDS Director, Office of Alien Property. titled matter was held on June 26, 1956. Agreements among the parties, as set C r o ss R e f e r e n c e : For corrections to [P. R. Doc. 56-5395; Piled, July 6, 1956; forth in the transcript of the pre-hearing the joint notice of the Secretary of the 8:53 a. m.] Interior and the Secretary of Agriculture conference, are formally approved by the (F. R. Doc. 56-5018, 21 F. R. 4525), see Hearing Examiner; and the course of the 21 F. R. 4977, issue of July 4, 1956, and FEDERAL COMMUNICATIONS hearing'shall be governed by the pro­ under Department of the Interior, Office cedure agreed upon; and accordingly, of the Secretary, supra. COMMISSION It is ordered, This 26th day of June [Docket Nos. 11417, 11418; FCC 56M-648] 1956, that an informal conference will be held by the parties on or before July DEPARTMENT OF THE TREASURY T ay lo r B roadcasting Co. and G arden o f 23,1956; the drafts of the proposed engi­ t h e G o d s B roadcasting Co. neering exhibits will be exchanged by the Office of the Secretary ORDER CONTINUING HEARING CONFERENCE parties and furnished to counsel for the Broadcast Bureau on or before August 9, [Treasury Department Order 167-21] In re applications of Taylor Broad­ 1956; and the completed exhibits will be { CG FR 56—27] casting Company, Colorado Springs, exchanged and furnished to counsel for Colorado, Docket No. 11417, File No. BP- C o m m a n d a n t, U. S. C oast G uard the Broadcast Bureau on or before 9439 and Garden of the Gods Broad­ September 11,1956. delegations o f f u n c t io n s casting Company, Manitou Springs, It is further ordered, That, pursuant By virtue of the authority vested in me Colorado, Docket No. 11418, File No. BP- to oral motion and agreement thereto as Secretary of the Treasury and the au­ 9462; for construction permits. made during the course of the pre-hear­ thority in Reorganization Plan No. 26 of The Hearing Examiner having under ing conference, the hearing in this pro­ 1950 (15 F. R. 4935), there is hereby dele­ consideration a request for continuance ceeding be and it is hereby continued gated to the Commandant, U. S. Coast filed by Taylor Broadcasting Company from July 31,1956 to September 26, 1956, Guard, the function vested in the Secre­ on June 27, 1956; at 10 a. m., in Washington, D. C. tary of the Treasury by section 207 of It appearing that the applicants in this proceeding are now completing work F ederal C ommunications the Reserve Officer Personnel Act, as C o m m is s io n , amended, of ordering Reserve officers to relating to the taking of additional measurements by means of a test trans­ [ s e a l ] M ary J a n e M o r r is , active duty or active duty for training in Secretary. any temporary grade in which serving mitter but that this work cannot be above that of their permanent grades. completed in time for the applicants to [P. R. Doc. 56-5400; Filed. July 6, 1956; All action taken by the Commandant be ready for further hearing conference 8 :54 a. m~] prior to the effective date of this order is on July 2, 1956, as presently scheduled; hereby ratified. The Commandant is It further appearing that Garden of authorized to redelegate the function the Gods Broadcasting Company joins herein delegated. in the petition for continuance and the [Docket No. 11760; FCC 56-607] other parties to the proceeding consent KTAR B roadcasting C o . (KVAR) [ s e a l ] D avid W . K en d a ll, thereto and also consent to immediate Acting Secretary of the Treasury. consideration of the petition for con­ MEMORANDUM OPINION AND ORDER DESIGNAT­ ING APPLICATION FOR HEARING ON STATED J u n e 18,1956. tinuance, waiving § 1.745 of the Commis­ sion’s rules; ISSUES [P. R. Doc. 56-5392; Piled, July 6, 1956; It is ordered. This 29th day of June In re application of KTAR Broadcast­ 8:53 a. m.] 1956, that the petition of Taylor Broad­ ing Company (KVAR), Mesa, Arizona, casting Company for continuance is Docket No.. 11760, File No. BMLCT-33; granted and the date for further hear­ for modification of license to change DEPARTMENT OF JUSTICE ing conference is continued from July main studio location to Phoenix, Arizona. Office of Alien Property 2 to July 10, 1956. 1. The Commission has before it for F ederal C ommunications consideration (l)a “Protest and Petition [Vesting Order 11107, Amdt.] C o m m is s io n , for Reconsideration” filed on May 28, F red R . K u h n e [ s e a l ] M ary J a n e M o r r is , 1956, pursuant to sections 309 (c) and Secretary. 405 of the Communications Act of 1934, In re: Estate of Fred R. Kuhne, as amended, by Arizona Television Com­ deceased. [P. R. Doc. 56-5399; Filed, July 6, 1956; pany, permittee of Television Station Vesting Order 11107 dated April 26, 8:54 a. m.] KTVK, Channel 3, Phoenix, Arizona, di­ 1948, is hereby amended as follows and rected against the Commission’s action of not otherwise: April 25, 1956, granting without hearing By changing paragraph 1 thereof to the above-entitled application of KTAR read as follows: [Docket Nos. 11492, 11719; FCC 56M-647] Broadcasting Company, licensee of Tele­ 1. That Rosa Kuhne and Otto Kuhne, C it iz e n s B roadcasting C o . and S alem vision Station KVAR, Channel 12, Mesa, also known as Georg Otto Kuhne, if liv­ B roadcasting C o . Arizona, to move the main studio from ing, or if dead their domiciliary repre­ STATEMENT AND ORDER GOVERNING HEARING approximately one mile outside of Mesa sentatives, heirs at law, next of kin, and to within the Phoenix city limits; and (2) distributees including Martha Kuhne and In re applications of Archie S. Mobley, a “Motion to Dismiss”, filed on June 7, Use Kuhne, whose last known address is Pauline A. Mobley, Paul D. Ford and 1956, by KTAR Broadcasting Company. Germany, are residents of Germany and Eleanor J. Ford, d/b as Citizens Broad­ 2. KVAR is currently operating, pur­ nationals of a designated enemy country casting Company, Terre Haute, Indiana, suant to a license issued on March 11. (Germany); Docket No. 11492, File No. BP-9195 and 1955, with visual effective radiated power Thomas S. Land and. Bryan Davidson, of 31.5 kw and antenna height of 1,550 All other provisions of said Vesting Or­ d/b as Salem Broadcasting Company, feet above average terrain from a loca­ der 11107 and all actions taken by or on Salem, Illinois, Docket No. 11719, File No. tion approximately 8.7 miles from the behalf of the Attorney General of the BP-10199; for construction. center of Phoenix. On April 25, 1956, United States in reliance thereon, pur­ Appearances. Paul D. Ford, on behalf the Commission granted the above-en­ suant thereto and under the authority of Citizens Broadcasting Company; titled application for modification of li- Saturday, July 7, 1956 FEDERAL REGISTER 5069 cense to move main studio from a loca­ 367 (b) of the Communications Act2 and mission’s action granting the above- tion approximately one mile west of Mesa may not be reassigned on the basis of entitled application, we find KTVK to to a location in downtown Phoenix. “another or inferior standard”. In other be a “party in interest” and a “person 3. The protestant claims standing as a words, the protestant urges that the aggrieved” within the meaning of sec­ “party in interest” under section 309 (c) Commission has moved to Phoenix the tions 309 (c) and 405 of the Communica­ and as a “person aggrieved” under sec­ only channel assigned to Mesa without tions Act of 1934, as amended, T. E. tion 405 of the Communications Act, be­ taking into account any of the factors Allen and Sons, Inc., 9 Pike and Fischer cause, as a result of the Commission’s relevant to section 307 (b) determina­ RR 197; Federal Communications Com­ action granting the subject application, tions. Finally, KTVK alleges th a t mission v. Sanders Brothers Radio Sta­ Television Station KVAR will for the KVAR, in prosecuting its application be­ tion, 309 U. S. 470 (c) Pike and Fischer first time“* * * be able to compete with fore the Commission, filed misleading in­ RR 2008. The Commission’s decision in the existing Phoenix stations for na­ formation and omitted pertinent data. Southwestern Publishing Company,*Inc., tional and regional advertising on a basis In view of the above, KTVK requests that 11 Pike and Fischer RR 466, cited by which is recognized by the advertisers.” the Commission dismiss the above-en­ KVAR as authority on the issue of stand­ KTVK alleges that, as the newest Phoe­ titled application, or designate the ap­ ing, is not here controlling because of the nix station, it will be the hardest hit by plication for hearing upon specified is­ material distinction between the respec­ such competition, and that it will suffer sues, make KTVK a party to the pro­ tive factual situations. “immeasurably increased competition” ceeding, stay the effective date of the 7. We further find that the protestant and resultant economic injury. In its grant pending a final decision after hear­ has with sufficient particularity taken “Motion to Dismiss”, KVAR denies that ing, and place the burden of proof and of issue with the basis upon which the grant the competitive situation has been proceeding under each of the specified without hearing was made and that des­ changed in any way by the Comnfission’s issues upon KVAR. ignation for hearing is warranted. In action. It points out that the transmit­ 5. KTVK has specified the followingappraising the nature of the hearing re­ ters of KVAR and KTVK are located in issues : quired, it is apparent that Issues 2 and 3 the same place, and that each provides (1) To determine whether the appli­ raise questions of law only. But since city grade service to Phoenix. It fur­ cation of KTAR Broadcasting Company we are herein ordering an evidentiary ther contends that the protestant has is inconsistent with Rules 3.606 and 3.607 hearing with respect to other issues, we alleged no facts in support of its claim to and should be dismissed. are, in the interest of expedition includ­ standing and that, therefore, its protest (2) To determine whether the Com­ ing, with the qualification noted below, and petition for reconsideration must be mission had the legal authority to grant all the issues specified by the protestant. dismissed. the application of KTAR Broadcasting Issue 5, as framed by the protestant, is 4. In support of its pleading, KTVK Company based upon waiver of Rule in part directed against the June 16, alleges that the relocation of a station’s 3.613. 1954, grant of, an application for the main studio from one community to (3) To determine whether the pro­ assignment of the authorization for Tele­ another within the service area of the visions for waiver in Rule 3.613 are con­ vision Station KVAR, a grant which can­ station constitutes reassignment of the sistent with Rules 3.606 and 3.607. not at this late date be brought into (4) To determine, in the light of sec­ issue via the section 309 (c) protest pro­ station to the latter community in the cedure. Accordingly, we are redrafting Commission’s Table of Assignments; that tion 307 (b) of the Communications Act of 1934, as amended, § 3.613 of the Com­ Issuers to restrict its scope to the matters a change in the Table of Assignments can alleged with respect to KVAR’s repre­ be accomplished only through appropri­ mission’s rules, and the policy and legal standards set forth in the Sixth Report sentations to the Commission in connec­ ate rule making proceedings, which were tion with its prosecution of the subject not instituted in this case; and that, and Order, whether a grant of KTAR Broadcasting Company’s application application. We do not believe that the therefore, the Commission’s action is in­ would serve the public interest, con­ allegations in support of the issues con­ consistent with § 3.606 (b) (Table of As­ venience, and necessity. templating proof on disputed facts justify signments) of the rules, which lists (5) To determine whether KTAR shifting the burden of proceeding with Channel 12 as a Mesa assignment, and Broadcasting Company and its princi­ the introduction of evidence and the with § 3.607, which provides that appli­ pals have acted in good faith in the burden of proof to the applicant, and, cations may be filed only for channels prosecution of their applications for as­ therefore, we are not adopting these is­ listed in the Table of Assignments. The signment of license and for waiver of sues. With respect to the other issues, protestant contends, further, that § 3.- § 3.613 of the Commission’s rules, and, too, we are imposing upon the protestant 613 (b) of the Commission’s rules,1 pur­ whether, in the light of the facts ad­ the burden of demonstrating error. duced, the Commission should, pursuant 8. In view of the foregoing: It is or­ suant to which the subject application dered, That the subject Protest and Peti­ was granted, cannot be used to accomp­ to section 312 of the Communications Act of 1934, as amended, issue an order to tion for Reconsideration is granted to lish a result inconsistent with §§ 3.606 KTAR Broadcasting Company to show the extent provided for below and is and 3.607, since channel assignments cause why its license should not be denied in all other respects; that, pur­ were made under the mandate of section revoked. suant to section 309 (c) of the Commu­ (6) To determine, in the light of the nications Act of 1934, as amended, 1 Section 3.613 (b): In cases where an ade­ above issues, whether a grant of the effective immediately, the effective date quate showing is made that there is good of the grant of the above-captioned ap­ cause for locating a main studio outside the KTAR Broadcasting Company applica­ plication is postponed pending a final principal community to be served and that tion will serve the public interest, con­ decision by the Commission in the hear­ to do so would not be inconsistent with the venience, and necessity. operation of the station in the public in­ ing described below; that the above- terest, the Commission will permit the use 6. Inasmuch as the protestant is thecaptioned application is designated for of a main studio location other than that permittee of Television Station KTVK in hearing, at a date to be specified later, at specified in paragraph (a) of this section. Phoenix and has alleged that it will suf­ the offices of the Commission in Wash­ The licensee or permittee of a television fer economic injury by reason of more ington, D. C., upon the following issues: broadcast station shall not move his main effective competition from Television (1) To determine whether the appli­ studio outside the principal community in cation of KTAR Broadcasting Company which it is located without first securing a Station KVAR as a result of the Com- modification of construction permit or li­ is inconsistent with Rules 3.606 and 3.607 cense. Such licensee or permittee shall 2 Section. 307 (b) : In considering appli­ and should be dismissed. notify the Commission promptly of any cations for licenses, and modifications and (2) To determine whether the Com­ change of the location of the main studio renewals thereof, when and insofar as there mission had the legal authority to grant within the community. In any case where is demand fear the same, the Commission shall the application of KTAR Broadcasting the main studio is located outside the prin­ make such distribution of licenses, fre­ Company based upon waiver of Rule cipal community to. be served, the licensee or quencies, hours of operation, and of power 3.613. permittee of a television broadcast station among the several States and communities shall not move his main studio without first as to provide a fair, efficient, and equitable (3) To determine whether the provi­ seeming a modification of construction per­ distribution of radio service to each of the sions for waiver in Rule 3.613 are con­ mit or license. sam e. sistent with Rules 3.606 and 3.607. 5070 NOTICES (4) To determine, in the light of sec­ poration (hereinafter sometimes referred TV station.* Gordon McLendon is mar­ tion 307 (b) of the Communications Act to as McLendon or the transferee) ; (b) ried to the daughter of James A. Noe of 1934, as amended, § 3.613 of the Com­ an “Opposition to ‘Protest of Radio who is the licensee of two AM stations mission’s rules, and the policy and legal KITE,, Incorporated’ ” filed on June 11, and one TV station.® standards set forth in the Sixth Report 1956, by McLendon Investment Corpora­ 4. The protestant corporation, licensee and Order, w h e th e r a grant of tion; (c) a letter dated June 13, 1956, of Station KITE, San Antonio, Texas, KTAR Broadcasting Company’s applica­ transmitting an affidavit dated June 12, is owned 94.49 percent by Charles W. tion would serve the public interest, con­ 1956, of O. R. Mitchell; and (d) a “Reply Balthrope who is also the individual venience, and necessity. of Radio KITE, Incorporated to Oppo­ owner of Station KENN, Kennedy, Texas, <5) To determine whether KTAR sition to Protest”, filed June 18, 1956. and approximately 4 percent owner of Broadcasting Company and its principals 2. On October 27, 1954, the Commis­ Stations KPAR (AM and TV), Sweet­ have acted in good faith in the prosecu­ sion granted its consent to the transfer water, Texas, and KDUB (AM and .TV), tion of their application for waiver of of control of the licensee from the Ex­ Lubbock, Texas. In San Antonio, Texas § 3.613 of the Commission’s rules. press Publishing Company tô O. R. Mit­ there are presently in operation two VHP (6) To determine, in the light of the chell Motors by sale to the latter of all television stations and one UHF tele­ above issues, whether a grant of the of the licensee’s issued and outstanding vision station* (a construction permit KTAR Broadcasting Company applica­ stock (3,000 shares) for $175,000 cash, for a third VHF station, KONO-TV, has tion will serve the public interest, con­ which stock, as of April 30, 1954, had a been granted by a Commission decision venience, and necessity. net book value, exclusive of goodwill, of of May 23,1956), and eight AM and three It is further ordered, That Arizona approximately $170,762. On May 3,1956, FM stations8 in addition to KTSA (5 kw, Television Company, permittee of Tele­ the Commission granted its consent to unlimited time, on 550 kc) and KOKE- vision Station KTVK, Channel 3, Phoe­ the transfer of control of said licensee FM. * nix, Arizona, and the Chief, Broadcast from O. R. Mitchell Motors to McLendon 5. Protestant claims to be a “party Bureau, are made parties to the above- Investment Corporation (hereinafter re­ in interest” under section 309 (c) of the ordered hearing; and that ferred to as the transferee) by the sale Communications Act and in support of 1. The parties to the proceeding herein of the said 3,000 shares for $306,000, such claim alleges, in substance that shall have fifteen (15) days after the which stock, as of January 31, 1956, had KITE startecLoperation in 1947 with its issuance of the Examiner’s decision to a net book value of $111,350 r(excluding programing including Spanish, Negro file exceptions thereto and seven (7) goodwill of $127,180.92). The agreement and western-music programs, all of days thereafter to file replies to any such of sale calls for payment of the purchase which it has been forced to discontinue exceptions. price by cash payments of $15,000 im­ because of ensuing competition from 2. The parties intending to partici­ mediately and $60,000 at the time of clos­ other San Antonio stations (not KTSA) pate in the hearing shall file their ap­ ing (within 45 days from the date of which broadcast such programs; that pearances not later than July 9,1956. Commission approval of the subject KITE became “essentially, a music-and- transfer). The balance »of $231,000 is' Adopted: June 27, 1956. news station” and that another San An­ payable by the delivery of secured 5 per­ tonio station (KONO) expanded its Released: July 3, 1956. cent promissory notes (endorsed by activities to a 24-hour a* day operation, Messrs. Gordon and B. R. McLendon) in F ederal Communications with still another station (KMAC) be­ that amount, payable in quarterly in­ coming a full time music-and-news sta­ Commission,1 stallments of $15,000 each beginning 90 [seal! Mary J ane Morris, tion; that “the competition has thus Secretary. days after the closing date. The notes become increasingly keen in the KITE are “secured by all of the stock being specialized field of programing;” that [P. R. Doc. 56-5401; Piled, July 6, 1956; transferred to the buyer” who, following protestant has been unable to determine 8:54 a. m.] consummation of the transfer, shall have any practical method whereby it may- the right as sole owner of the licensee textend its hours of operation to un­ corporation to liquidate such corpora­ limited time and “thus improve its com­ tion and transfer its assets to the trans­ petitive position;” that “KTSA becomes [Docket No. 11762; PCC 56-610] feree. Consent to such liquidation was eighth in the group of so-called O. R. M itchell Motors et al. given by the transferor which agreed to ‘NOEMAC’ * stations owned and/or oper­ surrender the stock “held as' collateral ated by the McLendon Investment Cor­ memorandum opinion and order designat­ securities,” at which time the transferee poration” (named were all stations listed ing APPLICATION FOR HEARING ON STATED. shall then secure the indebtedness due the hereinabove in footnotes 2 and 3, except ISSUES transferor by giving it a first mortgage KILT-TV which is not yet in operation); In re application of O. R. Mitchell on all the assets transferred from the that the transferee Motors, San Antonio, Texas, Docket No. licensee as security in lieu of the stock that the transferor shall surrender. In because of its multiple-purchasing power as 11762, File No. BTC-2203; for transfer the operator of seven standard stations and of control to McLendon Investment Cor­ the event of default on the notes, “the one television station, will be able to buy poration, Dallas, Texas, of Sunshine said shares of mortgaged assets shall be and/or produce broadcast materials at a Broadcasting Company (KTSA), San sold at public sale” subject to Texas law much lower rate than protestant, including Antonio, Texas. and Commission approval. The transfer such services as wire news, singing jingles 1. The Commission has before it for was consummated on the closing date of both for program production and commercial May 4, 1956, at which time the above- sponsors, specially-produced spot announce­ consideration (a) a “Protest of Radio mentioned sums of $15,000 and $60,000 ments, which can be offered as an extra pro­ KITE, Incorporated” filed June 1, 1956, duction aid to advertisers, and more pursuant to section 309 (c) of the Com­ were paid to the transferor who now munications Act of 1934, as amended, holds the stock as security for payment 8 KLIP, Dallas, Texas; KELP and KILT-TV directed against the Commission’s ac­ of the said notes totalling $231,000. (formerly KOKE (TV) ) , El Paso, Texas; tion of May 3, 1956, granting without 3. The transferee is a Texas corpora­ WRIT, Milwaukee, Wisconsin; and WTAM hearing the above-entitled application tion 50 percent of the stock of -which is (formerly WGLS), Decatur, Georgia. for consent to the voluntary transfer of owned by B. R. McLendon, the corpora­ 8 KNOE and KNOE-TV, Monroe, Louisiana; tion’s Vice President and a director, and and WNOE, New Orleans, Louisiana. There control of Sunshine Broadcasting Com­ is no question of overlap between these sta­ pany (hereinafter referred to as the li­ 49.98 percent of which is owned by B. R. tions and those of McLendon. James A. Noe censee) , licensee of Stations KTSA, McLendon’s son, Gordon B. McLendon, sold his 50 percent interest in Station KOTN, KTSA-FM2 and remote pickup KB-6894, who is President and a director. The Pine Bluff, Arkansas, pursuant to Commis­ San Antonio, Texas, from O. R. Mitchell remaining stock (1 share) is owned by sion consent of May 3, 1956 (BTC-2206). Motors to McLendon Investment Cor- the corporation’s Secretary, Treasurer 4 KENS—TV (Ch. 5), WOAI-TV (Ch. 4) and and director, Dorothy Manning. In ad­ KCOR-TV (Ch. 41). dition to thé subject stations (KTSA, 6 KITE, 1 kw, daytime only oh 930 kc and 1 Commissioner Doerfer abstaining from KITE-FM (protestant’s stations), KCOR, vo tin g . which was established in 1928 and KENS, KEXX, KIWW, KMAC, KISS (FM)* * KTSA-FM call letters were changed to KOKE-FM), the transferee corporation KONO, KONO-FM and WOAI. KOKE (FM) pursuant to consent granted by and/or Messrs. McLendon own a control­ •Apparently a contraction of the names the Commission on May 25, 1956. ling interest in four AM stations and one “Noe” and “McLendon.” 5071 Saturday, July 7, 1956 FEDERAL REGISTER economical per-station advertising through trarily cancelled, or caused to have can- ■■ Protestant further requests that the bur­ the use of page ads in national trade publi­ celled, all agricultural, sports, and news den of proceeding with the introduction cations covering all eight stations in the programs, both local and network, that of the evidence and the burden of proof NOEMAC group. Also, through the promise interfered with the NOEMAC station be placed upon the transferee-applicant of their use on all NOEMAC stations, Mc­ format followed in other cities;” that and that the effective date of the Com­ Lendon w ill be in a p o sitio n to in d u c e record both ABC and Mutual Network programs mission’s action be postponed “to the manufacturers to give KTSA better disc effective date of the Commission’s de­ Jockey service than protestant and also to were abandoned on May 20, “only 16 obtain free-records for promotional purposes. days after the transfer was consum­ cision after hearing” on the application. mated;’5 that these changes “were made 8. In its Opposition, McLendon “con­ As further support for the claim of to conform to the normal pattern of cedes the technical ‘standing’ of protes­ "party in interest,” protestant alleges NOEMAC station operation in other tant” to file its Protest under section 309 that “because of the operation of eight cities and were occasioned by McLendon (c) of the act. However, it is argued stations and the attendant ability to influence before the Commission consent that in regard to every issue, the protes­ switch personnel and equipment from was given” (emphasis added); that Mc­ tant has failed to comply with the re­ one station to another, McLendon can Lendon’s prior assumption of control was quirement of such section of the act to effect savings in operation which will evidenced by publication of full-page “specify with particularity the facts re­ put it in better position to compete un­ ads in two Broadcasting-Telecasting lied upon by the protestant as showing fairly;” that McLendon has changed the magazine issues8 wherein KTSA was that the grant was improperly made or programming of KTSA to be substan­ listed among the NOEMAC stations, thus would otherwise not be in the public in­ tially like that of KITE; that KTSA an­ being “an effort to cause the average terest” since the protest contains nothing nouncers “ask listeners not to listen to reader to believe that KTSA was already “but bald conclusionary statements” and specific programs which are carried over in the NOEMAC group even though * * * “generalized objections (which) are ob­ other San Antonio stations, but to listen at the bottom of the page appeared the viously insufficient under the Statute instead to KTSA;” that “through the statement ‘FCC approval of transfer without some specifications of events and McLendon policy of double-spotting pending;’ ” that the transferor, realiz­ circumstances;” that in regard to the commercials, KTSA is in a position to ing a profit of approximately $131,000 on first issue, the statement of protestant offer time which is not available else­ the sale of the station, “had a respon­ that the cancellation of the network where;” that instead of following a com­ sibility as a licensee to determine whether contracts, 16 days after the transfer was mercial policy of three spots in a 14 V2 or not the operation proposed by the consummated “were (sic) occasioned by minute period, “by double-spotting an­ purchaser-transferee would serve the McLendon influence before Commission nouncements” during the “preferred public interest * * * but the facts sub­ consent was given” does not give any hours” and by use of “shortie times,” mitted with the application were an in­ facts as to when, by whom, and where which are specifically made for over­ sufficient disclosure to that end” in that the alleged influence was exercised and, commercialized periods and run from 1 Vz the “standardized, non-localized, NOE­ furthermore, since the contracts were minutes instead of the normal 3 min­ MAC station programming, as substi­ cancelled after McLendon took over, utes per record, KTSA can attract from tuted by McLendon at KTSA, does not “either the alleged influence never did protestant spot announcements on a serve the San Antonio public interest exist or if it did exist then obviously it basis that is not generally accepted by because several of the same types of pro­ was ineffectual.” the industry or by the Commission; that gramming services are available” where­ 9. In regard to the second issue, certain newspaper advertising state­ as certain “public-interest” program McLendon insists that there is not one ments or phrasing used by KITE, such features which were needed by the word of fact, conclusion or allegation as “color radio” were substantially copied community, such as agricultural pro­ anywhere in the Protest which would in radio broadcasts by KTSA, as was grams, were cancelled by the station. support or give any credence to the issue; a certain audience participation program Protestant also alleges by giving samples that there is no reference to the subject of KITE, all of which “will cause seri­ that “under McLendon operational poli­ application or the program proposals of ous economic injury to Station KITE cies, there are deliberately broadcast McLendon therein; that, in fact, in by improperly influencing both adver­ over KTSA remarks which are of ques­ submitting a new program schedule, tisers and audiences to leave KITE in tionable propriety, if not indecent, and McLendon “explicitly and implicitly rep­ favor of KTSA.” contrary to the best interests of the resented to the Commission that some 6. Protestant refers to the fact thatpublic and of the broadcasting indus­ programs would be cancelled;” and that, the transferor and transferee were ad­ try;” that “the NOEMAC programming, for example, McLendon specifically states vised on April 27, 1956 (before the grant as already followed by KTSA, does not in the application that it would not any of Commission consent to the subject conform to the program representations longer be affiliated with any networks transfer), by a letter from the Commis­ made to the Commission” in the transfer whatsoever. sion “that a complaint had been filed application. 10. In regard to the third issue, relating to the improper prior manifes­ ' 7. Protestant requests the Commission McLendon states that with respect ta the tations of control by McLendon”1 and to designate the subject application for remarks of “questionable propriety” states that the “immediate transfer of hearing on the following four issues: broadcast by KTSA, McLendon has, since control was affected at the peril of a (a) To determine whether or not the the filing of the Protest, ascertained protest which the parties were obviously transferee improperly manifested con­ that such remarks were made but that forewarned might be filed and result in trol over the operation of Station KTSA they were made by a youthful announcer an indefinite postponement of the effec­ pending the granting of the Commis­ who has, along with all other an­ tive date of the Commission’s action.” sion’s consent to the transfer of control. nouncers, since been informed that Protestant contends that the transfer is (b) To determine whether or not the should such an incident occur again, the hot in the public interest, alleging that transferee has carried out, or made announcer would be summarily dis­ prior to Commission action in granting arrangements to carry out, the pro­ missed. McLendon categorically denies its consent to the transfer, McLendon gramming representations made in the that the remarks were made “under “manifested control over the operation application. McLendon operational policies” and in­ of the station;" that “McLendon arbi- sists that there is not one iota of allega­ (c) To determine whether or not the tion of fact or conclusions in the Protest transferee’s method of operating the supporting such a charge or the charge T A “complaint” was filed on April 23, 1956, station is and will be in the San Antonio in the form of an unverified letter to the that the remarks were “deliberately Commission which alleged that McLendon public interest. broadcast.” It is then argued that there bad manifested control over the licensee (d) To determine whether or not the is not one fact stated to support Protes­ prior to Commission consent to the transfer granting of the application would serve tant's allegation that the “NOEMAC °( control. The Commission on April 27, the public interest, convenience, and programming, as already followed by 1956, requested full explanations from the necessity as required by section 310 (b) KTSA, does not conform to the program applicants. A response was filed in the form of the Communications Act. representations” made in the applica­ of affidavit-supported representations which tion; that as to the “color radio” and were submitted as an amendment to the application and which denied the allegations 8 April 23 and April 30, 1956, on pages 101 audience participation program charges in the “co m p lain t." and 47, respectively. (see paragraph 5 herein), McLendon first 5072 NOTICES used these two promotions on its Dallas for in the amount of more than $100,000 he wanted to continue operation. The Station, KLIP, long before they were toward the acquisition and operation, following statements were also made in even used by any station in San Antonio unrecoupable payments made which are the Reply: and that KTSA has “simply adopted pro­ directly related to construction work in The only question Is whether, as alleged motions which other McLendon stations the O. R. Mitchell Motor Company In the Protest (Pars. 8-13), McLendon un­ have used in the past;” that in regard to building and to studio installations, etc., lawfully manifested control prior to Com­ Protestant’s allegation that “the McLen­ and that several new employees have mission consent by causing cancellation of don policy of double-spotting commer­ been hired away from other broadcast network agreement and of local programs, cials” proved that “KTSA is in a position positions who would be-out of work if the and then proceeded to operate KTSA contrary to offer time which is not available else­ station operation had to revert to the to th e p u b lic in te re st; where,” such words obviously lacked the transferor. McLendon then contends The question is not whether specific cancel­ required specificity of facts. that the Congressional intent in amend­ lations violated the program representations 11. In regard to the fourth issue, Mc­ ing section 309 (c) so as to give the Com­ but whether they or any of them were due Lendon contends that it is impossible to mission discretion not to stay the effec­ to improper McLendon influence manifested ascertain upon “what statement of ‘fact’ tiveness of protested grants “clearly in­ prior to the giving of consent by the Com­ this issue is requested;” that assuming dicates that Congress had in mind the mission, and also whether the resulting it is based on the allegation of quick very type of situation involved in the in­ operation is in the public interest; profit made by the transferor, it is hardly stant proceeding.” McLendon further * * * the public interest is paramount to sufficient as a basis for denial of an ap­ contends that the protestant offers no McLendon’s interest and may only be served plication; that in regard to the Protes­ through the medium of a hearing for the reason how or why a stay would be in the introduction of evidence relating to the al­ tant’s references to “NOEMAC,” and ex­ public interest; that “the only interest legations of improper manifestations of con­ amination of the applications and li­ which would be served would be a private trol by McLendon and of operation contrary cense records of all of such designated one: the temporary elimination of Mc­ to the public interest. stations will show that they are not sta­ Lendon as a competitor;” and that a stay tions of “standardized non-localized would defeat the fundamental purpose The Reply also contains other, and new programming,” nor is KTSA the eighth behind the recent revision of section 309 matter which is apparently designed to in the group of so-called “NOEMAC” sta­ (c)-—“to deprive those who have eco­ expand or supplement the allegations set tions owned and/or operated by the Mc­ nomic standing from using that position forth in the protest in light of argu­ Lendon Investment Corporation; that to harass licensees and permittees;” and ments contained in the Opposition. Such neither B. R. or Gordon McLendon has that protestant’s statement that the new matter has not been considered any proprietary interest of any kind, na­ consummation prior to 30 days involved herein since it was not submitted within ture, or description in any of Mr. Noe’s the peril of a protest with the resultant the 30-day period provided for in the stations; that none of such stations is indefinite postponement of the effective Communications Act. directly or indirectly operated in any date of the Commission’s action when 15. In view of the fact that the protes­ manner whatsoever by McLendon; that read in the light of protestant’s com­ tant is the licensee of standard broad­ “there are no contracts, agreements, or plaints that it had been unable to im­ cast Station KITE, San Antonio, Texas, understandings of any kind, nature or prove its competitive position and that where Station KTSA (and KTSA-FM, description” between the transferee (or McLendon’s acquisition would increase now KOKE-FM) will operate and that it the two McLendons) and the licensee of the competition could only mean that the has alleged facts showing that it will suf­ the Noe stations, “whereby the former very purpose of the protest was to cause fer economic injury as a result of the receive or pay any consideration;” that an “indefinite postponement” of com­ grant complained of, we find the protes­ Gordon McLendon, in response to his petition which has arisen by McLendon’s tant to be a “party in interest” within father-in-law’s request (about 15 months acquisition. Finally, McLendon con­ the meaning of section 309 (c) of the ago), has discussed with Mr. Noe his tends that if the Commission concludes Communications Act of 1934, as amend­ operating problems but did not exercise that facts have been set forth with the ed. FCC v. Sanders Brothers Radio any control over Mr. Noe’s operations nor required “particularity” then this is ex­ Station, 309 U. S. 470 (1940); Camden did he receive reimbursement for the ex­ actly the kind of a case that Congress Radio, Inc. v. FCC, 220 F. 2d 191, 94 penses incurred; that the only “format had in mind where the only relief that U. S. App. D. C. 312; In re Application of which is common to the seven radio sta­ protestant should be granted is the right General-Times Television Corporation, tions is that they emphasize music, of oral argument. 13 Pike & Fischer RR 1049. We find fur­ news, and the respective indigenous and 13. An affidavit was filed by Mr. O. R. ther that protestant has specified with respective local events and community Mitchell two days aft^r the timely filing particularity the facts relied upon so as interests;’’ that all of the McLendon sta­ of the Opposition (“due to the fact that to warrant designating the application tions “have the same general type of for­ Mr. Mitchell was on the West Coast and for hearing on Issues (a), (c) and (d) mat but each emphasizes the coverage of unavailable from May 28 to June 1}, as specified by protestant. See Federal the particular local needs;” that there 1956”) which states, in the event a stay is Broadcasting System v. Federal Commu­ are no combination or discount rates of granted, Mr. Mitchell “would have grave nications Commission, — U. S. App. D. C., any kind, nature or description as be­ doubts” as to whether he would want to —, 231 F. 2d 246 (1956). However, we tween the McLendon and the Noe sta­ continue to operate the station during are not adopting these issues and the tions; that there is no joint buying or the interim period; that a stay would burden of proof thereon, both in proving selling between these two groups of- sta­ create serious economic and program­ the facts alleged and in demonstrating tions; and, finally, that as to joint maga­ ming confusion'; and that operation by their materiality and relevancy, will be zine advertising, “the eight stations to­ the transferee “would insure to the public on protestant. As to protestant’s Issue gether cannot buy full-page ads for a that the station would be operating con­ (b), we find that no facts have been lesser sum than can the protestant, if tinuously and there could be no possi­ specified in the Protest with any degree it desired to do so.” bility of a temporary suspension.” of particularity to support such an issue. 12. In regard to the request for post­ 14. In its Reply to the Opposition, pro­ 16. The protestant has requested that ponement of the effective date of Com­ testant reiterates and reemphasizes cer­ the effective date of the grant be post­ mission action, McLendon asserts that tain of its allegations, such as the fact poned until a decision is handed down the transferor has completely divorced that the transferor and transferee should after a hearing on the matter. Section itself from the operations of KTSA; that have known that all consummation ac­ 309 (c) presents two tests controlling the “it would, as a practical matter, be im­ tion ahd change of position effectuated question of when the Commission may possible for the transferor and trans­ by them prior to the expiration of the authorize the applicant to utilize the ferees to now cancel the consummation 30-day protest period was done at their facilities or authorization in question of the transaction;” that stock has been own risk and could not justify denial of a pending decision after-hearing. The transferred, money exchanged, taxes stay in spite of the resultant private eco­ first is when the Commission can find paid, new officers and directors of li­ nomic loss or confusion which would be that the “authorization involved is neces­ censee elected, payroll increased, con­ caused by such a stay; that Mitchell does sary to the maintenance or conduct of an tracts cancelled pursuant to program not contend that he “cannot or would not existing service.” No facts have been representations in the application, cash resume the operation of KTSA” but only presented which would dictate such a expenditures made and/or contracted that he would have doubts as to whether finding. The inability of the transferor Saturday, July 7t 1956 FEDERAL REGISTER 5073 to resume control of the station has not of Sunshine Broadcasting Company to of continuance of hearing the Secretary been established. Therefore, cessation O. R. Mitchell Motors. of the Commission postponed the hear­ of the broadcast service of KTSA has not Adopted) June 27,1956. ing from May 21, 1956 to June 4, 1956. been shown to be inevitable under the On May 16, 1956, T. L. James and Com­ circumstances. The second is when the Released: July 3,1956. pany filed a motion for reconsideration Commission can affirmatively find “for F ederal C ommunications of the postponement and the Commis­ reasons set forth in the decision that the sion, by order issued May 29, 1956, post­ C o m m is s io n ,* poned the hearing to July 9, 1956. public interest requires that the grant [ s e a l ] M a ry J a n e M o r r is , remain in effect.” The Commission does Secretary. On June 15, 1956, Blackwell Oil & Gas not believe that the facts before it permit Company (Blackwell) filed a motion for such a finding. The change in the posi­ [P. R. Doc. 56-5402; Piled, July 6, 1956; continuance of hearing which was de­ tion of the parties was a voluntary one, 8:55 a. m.] nied by the Commission by order issued effectuated with full knowledge that the June 25, 1956. On June 25, 1956, T. L. grant remained subject to protest by any James and Company, et al. (James Com­ party in interest for a period of 30 days. GENERAL SERVICES ADMIN­ pany) filed a motion for continuance of They were on notice that a change in the ISTRATION hearing and on June 27, 1956, Blackwell status quo might result in financial loss, filed a motion for reconsideration of the confusion, inconvenience, personnel dis­ S ec r et a ry o f D e f e n s e June 25, 1956 order. placement or other problems. While we d e l e g a t io n o f a u t h o r it y w i t h r e s p e c t The Commission finds good cause has appreciate the extent to which private TO DISPOSAL OF CERTAIN ADDITIONS AND been shown for granting a reconsidera­ interests will be affected by a stay of our IMPROVEMENTS TO PLANT OF WESTING- tion of the Commission’s order issued grant, we are of the view that such cir­ HOUSE ELECTRIC CORPORATION, SUNNY­ June 25, 1956, and for a postponement cumstance was not within the contem­ VALE, CALIFORNIA, N-CAL-561 of hearing. plation of Congress when it provided for 1. Pursuant to authority vested in me The Commission orders the hearing a “public interest” finding by the Com­ by the provisions of the Federal Property set for July 9, 1956, be and the same is mission to support an avoidance of a and Administrative Services Act of 1949 hereby postponed until September 10, stay. (63 Stat. 377), as amended (hereinafter 1956, at 10:00 a. m., e. d. s. t„ in a hear­ 17. In light of the above: It is ordered,referred to as “the act”), authority is ing room of the Federal Power Commis­ That the subject protest is granted tq^ hereby delegated to the Secretary of De­ sion, 441 G Street NW., Washington, the extent provided for below and is fense to dispose of the industrial prop­ D. C. denied in all other respects; that, pur­ erty which was generated under two Issued: July 2, 1956. suant to section 309 (c) of the Communi­ facilities contracts between the Bureau cations Act of -1934, as amended, the of Ordnance, Navy Department, and the By the Commission. effective date of the grant of the above- Westinghouse Electric Corporation at the [ s e a l ] , L e o n M . F u q u a y , entitled application is postponed pend­ Corporation’s Sunnyvale, California, Secretary. ing a final determination by the Com­ plant. The property was reported ex­ mission in the hearing described below; [F. R. Doc. 56-5383; Filed, July 6, 1956; cess March 19 and May 1, 1956, Holding 8:50 a. m.] and that the above-entitled application Agency No. 391. Included are three lean- is designated for hearing at the offices tos, two prefabricated steel buildings, a of the Commission in Washington, D. C., covered bridge passageway, and certain HOUSING AND HOME on the following issues: interior alterations and rearrangements, (1) To determine whether or not the all of which improvements were con­ FINANCE AGENCY transferee improperly manifested con­ structed at a cost to the Government of Public Housing Administration trol over the operation of Station KTSA $127,015.00. It has been determined that pending the granting of the Commis­ the property is surplus to Federal Gov­ D e s c r ip t io n o f A g e n c y and P rogram s sion’s consent to the transfer of control. ernment needs. (2) To determine whether or not the 2. The authority conferred herein FORT WORTH REGIONAL OFFICE transferee’s method of operating the sta­ shall be exercised in accordance with the Section I Description of Agency and tion is andvwill be in the San Antonio act and regulations of this Administra­ ’Programs, is amended as follows: public interest. tion issued pursuant thereto pertaining Subparagraph 3 of paragraph G is (3) To determine whether or not the to the disposal of surplus real property. amended to read as follows: granting of the application would serve 3. The authority delegated herein may the public interest, convenience, and 3. Fort Worth Regional Office. Ar­ be redelegated to any officer or employee kansas, Colorado, Louisiana, New Mexico, necessity as required by section 310 (b). of the Department of Defense. of the Communications Act. Oklahoma, and Texas. Public Housing 4. This delegation shall be effective as Administration, Room 2072, 300 West The burden of proceeding with the in­ of the date hereof. Vickery Boulevard, Fort Worth 4, Texas. troduction of evidence and the burden of Dated: June 29, 1956. Proof as to each of the above issues shall ' Date approved: June 28,1956. E dw ard M il l s , J r ., be on the protestant; K. [ s e a l ] J o h n D. C u r r ie , It is further ordered, That the pro­ Acting Administrator. Acting Commissioner. testant and the Chief of the Broadcast [F. R. Doc. 56-5447; Filed, July 6, 1956; Bureau are hereby made parties to the 10:02 a. m.J [F. R. Doc. 56-5370; Filed, July 6. 1956; Proceedings herein, and that: 8:46 a. m.] 1. The hearing on the above issues shall commence at 10:00 a. m. on Sep­ FEDERAL POWER COMMISSION tember 10, 1956, before an Examiner to SECURITIES AND EXCHANGE be designated by subsequent order; [Docket Nos. G-8970, G-9173] COMMISSION . 2. The parties to the proceedings here­ B l a c k w e l l O i l & G as C o . and T. L . J a m es [File No. 70-3473] in shall have fifteen (15) days after the and C o . e t a l. issuance of the Examiner’s decision to C onsolidated N atural G as Co. e t al. file exception thereto and seven (7) days ORDER GRANTING FURTHER POSTPONEMENT thereafter to file replies to any such OF HEARING ORDER AUTHORIZING BANK BORROWINGS AND By order issued March 20, 1956, the ISSUANCE BY SUBSIDIARIES OF SHORT-TERM exceptions; and AND LONG-TERM NOTES AND ACQUISITION 3. The appearances by the parties in­Commission consolidated these proceed­ ings for the purpose of hearing, and di­ THEREOF BY PARENT tending to participate in the above hear­ J u l y 2,1956. ing shall be filed not later than Septem­ rected that hearing in these matters be commenced on May 21, 1956. By notice In the matter of Consolidated Natural ber 4,1956. Gas Company, The East Ohio Gas Com­ It is further ordered, That the parties • Commissioner Docrfer abstaining from pany, Hope Natural Gas Company, The to the above-entitled application shall voting and Commissioner Mack not partici­ Peoples Natural Gas Company, New have until July 16,1956, to return control p a tin g . York State Natural Gas Corporation, 5074 NOTICES

The River Gas Company, Pile No. 70- These funds will be obtained through the Consolidated and in the following 3473. issuance of an unsecured promissory amounts: Consolidated Natural Gas Company note or notes, at the prime interest rate, • E a st O hio ______$6,000,000 (“Consolidated”), a registered holding maturing one year from the date of the H o p e ------5,500,000 company, and its wholly owned subsidi­ first borrowing with a repayment privi­ New York Natural!______14,000,000 aries, The East Ohio Gas Company lege upon five days’ notice. P e o p le s ------1,000,000 (“East Ohio”), Hope Natural Gas Com­ The funds thus obtained together with pany (“Hope”), The Peoples Natural treasury funds will be loaned to Con- T o ta l------26,500,000 Gas Company (“Peoples”), New York • solidated’s subsidiaries on notes of one The banks from which Consolidated State Natural Gas Corporation (“New year or less from the date of the first proposes to borrow and the amounts to York State”) and The River Gas Com­ note issued by each subsidiary with in­ be borrowed from each bank are as fol­ pany (“River”), have filed a joint ap­ terest at the prime rate obtained by lows: plication-declaration and amendments thereto pursuant to sections 6 (b), 7,10, $30,000,000 $2»,000,000 12 (b) and 12 (f) of the Public Utility Banks standby gas storage Total Holding Company Act of 1935 (“act”) loan loan and Rules U-43, U-45 and U-50 there­ under as applicable to various proposed The Chase Manhattan Bank (New York)______$10,000,000 $8, 200,000 $18,200,000 transactions including those summarized The National City Bank of Cleveland (Ohio)______" 2,000,000 2,000,000 <000,000 Bankers Trust Co. (New York)______. _____ 1, 600, 000 1, 200,000 2,800,000 as follows: Guaranty Trust Co. of New York______IIIIIII" 1,600,000 1, 200, 000 2,800,000 Consolidated proposes to provide funds J. P„ Morgan & Co. Inc. (New York)______III”” 1, 600,000 1, 200,000 2,800,000 Chemical Com Exchange Bank (New York)______;______HHH 1, 600,000 1, 200, 000 2,800,000 to meet the construction requirements of The First National City Bank of New York______1-H ill 1,600,000 1,200, 000 % 800,000 its subsidiaries for 1956 through the sale The Hanover Bank (New York)______„1111.1*1" 1,600,000 1, 200,000 2,800,000 Irving Trust Co. (New York)...... I..I..II 1,600,000 1,200, 000 2,800,000 of debentures at competitive bidding and Manufacturers Trust Co. (New York)______„______IIIIII 1,600,000 1,200,000 2Î 800,000 by loans from banks and has requested Mellon National Bank & Trust Co. (Pittsburgh, Pa.)___ IIIIIIIII 1,350,000 1, 250,000 2,600,000 Union Bank of Commerce (Cleveland, Ohio)______.'„„II 1,050,000 1,250,000 2,300,000 that an order be issued forthwith grant­ Peoples First National Bank & Trust Co. (Pittsburgh, Pa.).IIIIII 1,100,000 1,100,000 2,200,000 ing and permitting to become effective The Union National Bank of Pittsburgh, Pa______. . . ___ HH 400,000 400,000 800,000 the joint application-declaration as First National Bank (Akron, Ohio)______IIII I” 200,000 150,000 350,000 The Dime Bank (Akron, Ohio)______I.II..IIII 200,000 100,000 300,000 amended, in so far as it relates to the The Firestone Bank (Akron, Ohio) ______I.IIIIII 150,000 100,000 250,000 proposed borrowings from banks and in­ First National Bank of Canton (Ohio)______I.IIIIIrllllll 100, 000 . 100,000 200,000 The Harter Bank & Trust Co. (Canton, Ohio)______I.IIII 100,000 100,000 200,000 tercompany transactions with its sub­ The Mahoning National Bank (Youngstown, Ohio)______I.II 100,000 100,000 200,000 sidiaries as indicated below: Union National Bank (Youngstown, Ohio)______100,000 100,000 200,000 The Dollar Savings & Trust Co. (Youngstown, Ohio)...... 100,000 100,000 200,000 As a standby arrangement and pending The Empire National Bank of Clarksburg (West Virginia)______75,000 75,000 160,000 completion of the debenture financing The Union National Bank of Clarksburg (West V irginia)....____I 75, 000 75,000 150,000 The Canton National Bank (Ohio)______I 50,000 50,000 100,000 Consolidated proposes to borrow, as re­ United States National Bank in Johnstown (Pennsylvania);_____ 50,000 50,000 100,000 quired, up to $30,000,000 from banks be­ Johnstown Bank & Trust Co. (Pennsylvania)______fore the debenture financing takes place. Central Trust Co. (Altoona, P a .)..______50-000 ■ - , . sö’ ööö -This borrowing would be made on a Total. 30,000,000 25,000,000 55,000,000 promissory note or notes having a ma­ turity of one year or less from July 5, The State Commissions of West Vir­ incurred or to be incurred in respect of 1956, without collateral at the prime in­ ginia, Pennsylvania, and Ohio have is­ the various proposals set forth in terest rate and with a repayment privi­ sued orders authorizing certain of the the joint application-declaration, as lege upon five days' notice. Consolidated proposed transactions by Hope, Peoples, amended. presently plans to make an initial bor­ East Ohio and River. rowing of $10,000,000 on July 5, 1956, un­ By the Commission. der this arrangement. The fees and expenses to be incurred in connection with the above transac­ [SEAL] ORVAL L . DUBOIS, If Consolidated should postpone the tions are to be supplied by amendment. Secretary. issue and sale of the debentures beyond Due notice having been given of the August 1, 1956, Consolidated would ob­ filing of the joint application-declara­ [F. R. Doc. 56-5374; Filed, July 6, 1956;, tain additional amounts from the banks tion and a hearing not having been 8:48 a. m.] as required on various dates to Septem­ requested of or ordered by the Commis­ ber 30,1956, up to the total of $30,000,000. sion; and the Commission having ex­ The total amount borrowed on such bank amined the filing and finding that the loans would be repaid from the proceeds applicable provisions of the Act and the [File No. 70-3487] of the debenture issue when sold. Rules thereunder are satisfied, and that Monongahela P ower Co. and M arietta Consolidated proposes to u&e the funds no adverse findings are necessary in re­ E lectric Co. obtained from these bank loans to make spect of the proposed issuance, sale and short-term standby loans to its subsid­ NOTICE OF PROPOSED INCREASE IN AUTHOR­ acquisition of securities described above; IZED CAPITAL STOCK, AND ISSUANCE AND iaries up to the same amounts as is indi­ and the Commission deeming it in the cated above on notes of one year maturity SALE OF 7,500 SHARES THEREOF BY SUB­ public interest and in the interest of in­ SIDIARY, AND ACQUISITION AND PLEDGE OF or less from the date the first note is is­ vestors and consumers that said joint sued by each company, with interest at application-declaration, insofar as it SUCH SHARES BY PARENT COMPANY the prime interest rate obtained by relates to the issuance, sale and acquisi­ J uly 2, 1956. Consolidated on its related bank loan, tion of said securities should be granted Notice is hereby given that Mononga­ said notes to be issued from time to time and permitted to become effective forth­ hela Power Company (“Monongahela”), as funds are needed, up to December with: a public-utility company and an exempt 31, 1956. The amounts borrowed by the It is ordered, Pursuant to Rule U-23 holding company which is a subsidiary of subsidiaries on the short-term standby and the applicable provisions of the act The West Penn Electric Company, a loans will be repaid through the issuance that said joint application-declaration, registered holding company, and Monon­ of their long-term notes upon comple­ as amended, to the extent that it relates gahela’s wholly owned public utility sub­ tion of Consolidated’« proposed sale of to the issuance, sale and acquisition of sidiary, The Marietta Electric Company debentures. % securities described above, be, and it (“Marietta”), have filed an application- Consolidated also proposes to provide hereby is, granted and permitted to be­ declaration and an amendment thereto funds to finance seasonal storage gas come effective forthwith, subject to the pursuant to the Public Utility Holding purchases by its subsidiaries through terms and conditions prescribed in Rule Company Act of 1935 (“act”) , designat­ U-24. ing sections 6, 7, 9, 10 and 12 of the act borrowing $25,000,000from banks on var­ It is further ordered, That jurisdiction ious dates between the period Septem­ and Rules U-43 and U-44 thereunder be and hereby is reserved with respect to as appliçable to the proposed transac­ ber 15, 1956, and December 31, 1956. the payment of any fees and expenses tions, which are summarized as follows: Saturday, July 7, 1956 FEDERAL REGISTER 5075 Pursuant to* an amendment of its [File No. 70-3490] State filing fees and taxes; $23,250 for Articles of Incorporation effective April J e r s e y C en t ra l P o w e r & L ig h t Co. and printing and engraving; $12,300 legal fees 18, 1956, Marietta proposes to increase G en e ra l P u b l ic U t i l it ie s C o r p . and expenses; $3,000 accounting services; its authorized capital stock from 12,500 $5,250 for indenture trustee, registrar, to 32,500 shares of $100 par value each, NOTICE OF FILING REGARDING PROPOSED ISSU- and transfer agent services; and $1,000 and to issue and sell 7,500 of such addi­ ANCE~AND SALE BY SUBSIDIARY OF REGIS­ miscellaneous. tional shares, and Monongahela proposes TERED HOLDING COMPANY OF FIRST Notice is further given that any inter­ to acquire same for a cash consideration MORTGAGE BONDS AT COMPETITIVE BID­ ested person may, not later than July 19, of $750,000, the aggregate par value DING; AND ISSUANCE AND SALE BY SAID 1956, at 5:30 p. m., e. d. s. t., request the thereof. SUBSIDIARY AND ACQUISITION BY ITS Commission in writing that a hearing be Marietta will apply the proceeds of PARENT COMPANY OF COMMON STOCK held on this matter, stating the nature of sale (1) to repay open account advances J uly 2,1956. his interest, the reason for such request, in the amount of $100,000 made to it by Notice is hereby given that General and the issues of fact or law, if any, Monongahela for temporarily financing Public Utilities Corporation (“GPU”), a raised by such filing which he proposes to the construction of facilities during the registered holding company, and its di­ controvert, or he may request that he period December 1955 through March rect subsidiary, Jersey Central Power & be notified if /the Commission should or­ 1956, and (2) to provide funds for fur­ Light Company (“Jersey Central”), an der a hearing thereon. Any such request ther property additions and improve­ operating public utility company, have should be addressed: Secretary, Securi­ ments. Marietta’s construction budget made a joint filing with this Commission ties and Exchange Commission, Wash­ for the last nine months of 1956 is stated designating sections 6 (b), 9 (a) and 10 ington 25, D. C. At any time after said at $688,800 and for 1957 at $348,200. of the Public Utility Holding Company date, the joint application, as filed or as Monongahela will purchase the addi­ Act of 1935 (“act”) and Rules U-42 and amended, may be granted as provided in tional shares from available treasury U-50 thereunder as applicable to the pro­ Rule U-23 of the Rules and Regulations funds, and will forthwith pledge such posed transactions which are summar­ promulgated under the act, or the Com­ shares with City Bank Farmers Trust ized as follows: mission may grant exemption from its Company as Trustee (along with the Jersey Central proposes to issue and rules as provided in Rules U-20 (a) and presently outstanding 12,500 shares of sell, pursuant to the competitive bidding U-100 or take such other action as it may Marietta’s capital stock, heretofore requirements of Rule U-50, $10,000,000 deem appropriate. pledged) pursuant to the terms of the principal amount' of First Mortgage By the Commission. Indenture dated August 1, 1945, as Bonds, __ Percent Series, due 1986. [ s e a l ] O rval L . D u B o i s , supplemented, securing Monongahela’s These bonds will be dated August 1,1956, Secretary. First Mortgage Bonds. and will mature August 1, 1986, and wiH The fees and expenses in connection be issued under Jersey Central’s Inden­ [F. R. Doc. 56-5375; Filed, July 6, 1956; herewith are estimated at $1,250, in­ ture of Mortgage dated March 1, 1946, 8:48 a. m.] cluding Federal stamp taxes $825, and as heretofore supplemented and amend­ miscellaneous expenses $425—of which ed and as to be further supplemented and $1,200 will be allocated to Marietta and amended by a further Supplemental In­ UNITED STATES INFORMATION $50 to Monongahela. denture to be dated August 1,1956. The AGENCY Monongahela renders electric utility interest rate on the new bonds (which is service in West Virginia, and Marietta to be a multiple of % of 1 percent) and [Delegation of Authority 19A] serves a contiguous area in Ohio. The the price to be received by Jersey Central issuance and sale of the additional shares (which price, exclusive of accrued inter­ C e r t a in O f f ic ia l s o f A dministrative by Marietta have .¿been appoved by the est, is to be not less than 100 percent S er v ic e s D iv is io n Public Utilities Commission of Ohio; and and not more than 102% percent of the DELEGATION OF AUTHORITY FOR PROCURE­ the acquisition ofisaid shares by Monon­ principal amount) are to be determined MENT TRANSACTIONS gahela has been approved by the Public at competitive bidding pursuant to the 1. Pursuant to the provisions of Reor- Service Commission of West Virginia. provisions of Rule U-50. ganizatién Plan No. 8, 1953, and by vir­ The applicants request that the order From time to time, but in no event tue of the delegation of authority dated of the Commission herein be made effec­ later than the issuance and sale of the July 31, 1953, signed by Russell Forbes, tive upon issuance. above-described bonds, Jersey Central Acting Administrator, General Services Notice is further given that any inter­ will issue and sell to GPU and GPU will Administration; and in accordance with ested person may, not later than July 16, buy from Jersey Central an aggregate the authority conferred by section 307 of 1956, at 5:30 p. m., e. d. s. t., request in of 50,000 additional shares of Jersey Cen­ the Federal Property and Administrative writing that a hearing be held on such tral’s common stock, par value $10 per Services Act of 1949, Public Law 152, 81st matter, stating the nature of his interest, share, for an Aggregate purchase price Congress (63 Stat. 377) as amended, the reasons for such request, and the of $500,000. upon the “Agency Head” as defined in issues of fact or law, if any, raised by said It is represented in the filing that the section 309 (a) of said act, there is application-declaration which he desires proceeds from the sale of these securities hereby delegated to the officials listed to controvert; or he may request that he (estimated at $10,500,000) will be used as below authority to make purchases and be notified if the Commission should or­ follows: (i) $3,750,000 will be applied to contracts chargeable to any allotment der a hearing thereon. Any such re­ the prepayment of the principal amount made to an organizational element of quest should be addressed: Secretary, of Jersey Central’s Notes maturing De­ the United States Information Agency, Securities and Exchange Commission, cember 31, 1957; and (ii) the balance of and to sign and issue purchase orders, Washington 25, D. C. At any time after $6,750,000 will be applied to the costs of contracts, Government Bills of Lading, said date said application-declaration, as Jersey Central’s 1956 construction pro­ and certificates of awards in connection filed or as amended, may be granted and gram estimated at approximately $14,- therewith. This delegation includes 650,000. authority to make purchases and con­ permitted to become effective as pro­ It is stated in the joint application that tracts, and determinations and deci­ vided in Rule U-23 of the rules and regu­ the proposed transactions are subject sions in connection therewith, pursuant lations promulgated under the act, or the only to the jurisdiction of this Commis­ to the provisions of Title III of the Commission may grant exemption from sion and to the Board of Public Utility above-cited Public Law 152, as amended, its rules as provided in Rule U-20 (a) and Commissioners of the State of New subject to the provisions of the above- U-100, or take such other action as it Jersey. mentioned delegation of authority from may deem appropriate. It is estimated by the applicants that the Acting Administrator, General Serv­ By the Commission. the fees and expenses applicable to these ices Administration and specific limita­ transactions and to be borne by them will tions below. The authority hereby" [ sea l] O rval L . D u B o i s , aggregate $54,380 of which not to exceed delegated is subject to all other appli­ Secretary. $500 will be paid by GPU. The estimated cable provisions of law, and to all IP. R. Doc. 56-5373; Filed, July 6, 1956; fees and expenses to be borne by Jersey instructions, regulations, and directives 8:47 a. m.] Central include: $13,080 for Federal and which are now in effect or which may No. 131---- 7 5076 NOTICES be issued hereafter by the United States tice (49 CFR 1.40) and filed within 15 28 to Agent Kratzmeir’s I. C. C. 4178; Information Agency, or by any other days from the date of publication of this Supplement 4 to Agent Kratzmeir’s Government agency of competent juris­ notice in the F ederal R egister. I. C. C. 4204. diction, governing purchasing and con­ LONG-AND-SHORT HAUL FSA No. 32307: Anhydrous ammonia— tracting functions. Houston, Tex-., to West Memphis, Ark. Chief and Deputy Chief, Administrative FSA No. 32300: Tin and terne plate— Filed by F. c. Kratzmeir, Agent, for in­ Services D ivision. Fairfield, Ala., to Arkansas and Missouri. terested rail carriers. Rates on anhy­ Special Assistant, Administrative Services Filed by F. C. Kratzmeir, Agent, for in­ drous ammonia, tank-car loads from D ivision. terested rail carriers. Rates on tin and Houston, Tex., to West Memphis, Ark. Chief and Assistant Chief, Procurement terne plate, and tin mill black plate, car­ Grounds for relief: Competition of car­ B ra n c h . loads from Fairfield, Ala., to Ft. Smith, riers by water and circuitous routes. Chief, Contract Service and Expediting Springfield, Ark., and Mt. Vernon, Mo. Tariff: Supplement 154 to Agent Kratz­ Staff. Chief, Contract and Procurement Section Grounds for relief: Commercial coin­ meir’s I. C.C. 4112. A. petition with Arlington, Dallas and FSA No. 32309: Magnesite—Gulf, Chief, Contract and Procurement Section Farmers Branch, Tex., and circuitous South Atlantic and Virginia Ports to B. routes. Horton, Ala. Filed by O. W. South, Jr., Head, IBS Contract Unit. Tariff: Supplement 64 to Agent Kratz­ Agent, for interested rail carriers. Rates Head, IMS Contract Unit. meir’s tariff I. C. C. 4170. on dead burned and/or calcined mag­ Head, IPS-ICS Contract Unit. FSA No. 32301: Coal—Lake Superior nesite, carloads from Gulf, south At­ Head, General Contract Unit. Docks to Minnesota. Filed by W. J. lantic and Virginia ports to Norton, Ala. Limitations. No authority is delegated Prueter, Agent, for interested rail car­ Grounds for relief: Circuitous routes. to make determinations or decisions riers. Rates on anthracite and bitumi­ Tariff: Supplement 145 to Agent Span- specified in Public Law 152, as amended, nous coal, carloads from Superior, Wis., inger’s tariff I. C. C. 1369. section 305 (a) or in paragraphs (11) and other specified points in Wisconsin and (12) of section 302 (c). Authority on Lake Superior to specified points in AGGREGATE-OF-INTERMEDIATES to make determinations or decisions Minnesota. FSA No. 32302: Rough rice—Arkansas specified in paragraph (10) of section Grounds for relief: Market competi­ Points to Memphis, Tenn. Filed by 302 (c) is delegated only to the Chief, tion with Duluth, Minn., and circuitous F. C. Kratzmeir, Agent, for interested Administrative Services Division and routes. rail carriers. Rates on rough rice, car­ only with respect to contracts which Tariff: Supplement 17 to Chicago, Mil­ loads from specified points in Arkansas will not require the expenditure of more waukee, St. Paul and Pacific railroad to Memphis, Tenn. than $25,000. Authority to authorize tariff I. C. C. B-7711, and other tariffs Grounds for relief: Maintenance of cost, cost-plus-a-fixed fee contracts, or listed in section B of exhibit 1 of the depressed rates not applicable in con­ any other incentive-type contract, either application. structing combination rates. within or outside the United States and FSA No. 32303: Class rates—Between Tariff: Supplement 51 to Agent Kratz­ its possessions, and to make the deter­ Official Territory and Ontario, Canada meir’s tariff I. C. C. 4037. minations and decisions specified in sec­ Groups. Filed by H. R. Hinsch, Agent, FSA No. 32308: Anhydrous ammonia— tion 304 (b) is delegated to the Chief, for interested rail carriers. Rates on Houston, Texas, to West Memphis, Ark. Administrative Services Division only. commodities moving on class rates, car­ Filed by F. C. Kratzmeir, Agent, for in­ 2. The Chief, Administrative Services loads, and less-than-carloads between terested rail carriers. Rates on anhy­ Division, may, in his own discretion, im­ points in official (including Illinois) ter­ drous ammonia, tank-car loads front pose such limitations on the authorities ritory on one hand, and points in the Houston, Tex., to West Memphis, Ark. granted to his subordinates listed above, Manitouwadge group in eastern Canada Grounds for relief: Maintenance of as may be administratively necessary. in the Province of Ontario, on the other. depressed rates not applicable in con­ Such limitations shall be made in writ­ Grounds for relief: Modified short-line structing combination rates. ing and a copy filed with the Manage­ distance formula and circuitous routes. Tariff: Suplement 154 to Agent Kratz­ ment Division. Tariffs: Supplement 76 to H. R. meir’s tariff I. C. C. 4112. 3. The Chief, Administrative Services Hinsch’s tariff I. C. C. 3814; Supplement FSA No. 32310: Passenger compart­ Division, may designate in writing and 104 to C. W. Boin’s tariff I. C. C. A-721; ment charges between East and West. delegate to appropriate officers of the Supplement 85 to O. E. Swenson's tariff Piled by M. B. Duggan, Agent, for inter­ Agency authority (a) to make purchases I. C. C. 384. ested rail carriers. Rates on passenger under open-end contracts chargeable to FSA No. 32304: Automobile parts— railway charges between Certain points appropriate allotments of the Agency, Alma, Mich., to Cleveland, Ohio. Filed on the Seaboard Air Line Railroad Com­ and (b) purchase supplies and services by H. R. Hinsch, Agent, for interested pany south of Hamlet, N. C. on the one provided no single purchase may be in rail carriers. Rates on automobile parts hand, and points on the Pennsylvania excess of $500. straight or mixed, carloads from Alma, and New Haven railroads, on the other. 4. The Chief, Administrative Services Mich., to Cleveland, Ohio. Grounds for relief: Maintenance of de­ Division, may designate in writing and Grounds for relief: Carrier competi­ pressed charges to and from Hamlet, delegate to the appropriate officers of tion and circuity. N. C., not applicable in constructing the Agency authority to sign and issue FSA No. 32305: Coal—Argo, Ala., to Government Bills of Lading. the South. Filed by O. W. South, Jr., lower combination charges. This delegation of authority shall be Agent, for interested rail carriers. Rates Tariff: Supplement 2 to Agent Dug­ effective as of January 12, 1956, and su­ on coal, carloads from Argo, Ala., to gan’s L C. C. H-4890 and other sched­ persedes Delegation of Authority No. 19 specified points in southern territory. ules. of September 29, 1953, published in the Grounds for relief: Grouping and cir­ By the Commission. F ederal R egister, 18 F. R. 6798. cuitous routes. [seal] H arold D. M cCoy, T heodore C. S treibert, Tariff: Supplement 34 to Agent H. L. Secretary. Director. Marston’s tariff I. C. C. A-11166. FSA No. 32306: Electrode binder, to the [P. R. Doc. 56-5371; Piled, July 6, 1956; [P. R. Doc. 56-5376; Piled, July 6, 1956; 8:47 a. m.] 8:48 a. m.] Southwest. Filed by F. C. Kratzmeir, Agent, for interested rail carriers. Rates on electrode binder, in bulk, carloads INTERSTATE COMMERCE from specified points in Illinois, Michi­ [Rev. S. O. 562; Taylor’s I. C. C. Order 73] COMMISSION gan, Minnesota, Ohio, Wisconsin, p,nd West Virginia to specified points in Ar­ Duluth, Winnepeg and P acific F ourth Section Applications for R elief kansas, Oklahoma, and Texas. R ailway Co. uly Grounds for relief: Short-line distance J 3,1956. DIVERSION OR REROUTING OF TRAFFIC Protests to the granting of an appli­ formula and circuitous routes. cation must be prepared in accordance Tariffs: Supplement 147 to Agent In the opinion of Charles W. Taylor, with Rule 40 of the general rules of prac­ Kratzmeir’s L C. C. 4109; Supplement Agent, the Duluth, Winnepeg and Pacific Saturday, July 7, 1956 FEDERAL REGISTER 5077 Railway Company, because of work [I. C. C. S. O. 911, Taylor’s Car Distribution (hydrochloric), tank-car loads from stoppage, is unable to transport traffic O rd er 2] Chattanooga, Tenn., to Chicago, 111. ro u ted over and to points on its lines: R ailro a d s S e r v in g P o r ts W h e r e O r e i s Grounds for relief: Competition of It is ordered, That: T r a nsferred F r o m V e s s e l s to C ars barge lines, and circuitous routes. (a) Rerouting traffic: The Duluth, Tariff: Supplement 217 to Agent Span- Winnepeg and Pacific Railway Com­ is s u a n c e and r ev o c a t io n o f p e r m it s inger’s I. C. C. 1351. pany, and its connections, is hereby au­ Pursuant to authority vested in me by FSA No. 32292: Grain and products— thorized to divert or reroute such traffic paragraph (a) (8) of I. C. C. Service central to trunk line and New England over any available route to expedite the Order No. 911: It is ordered, That: territories. Filed by H. R. Hinsch, Agent, movement, regardless of routing shown (a) Any railroad serving ports, where for interested rail carriers. Rates on on the waybill. The billing covering all ore is transferred from vessels to cars, grain and grain products, carloads and such cars rerouted shall carry a refer­ may furnish cars for ore loading, when less-than-carloads from specified points ence to this order as authority for the delivery is impracticable, because of work in states in central (including Illinois) rerouting. stoppage in the steel industry, only after territory named in the aforesaid tariff (b) Concurrence of receiving roads to a permit shall have been issued. to specified points in states in trunk-line be obtained: The railroads desiring to (b) Permits will be issued or revoked and New England territories named in divert or reroute traffic under this order as authorized in paragraph (a) hereof the aforesaid tariff. shall confer with the proper transporta­ upon certification of the Car Service Grounds for relief: Grouping and cir­ tion officer of the railroad or railroads Division, Association of American Rail­ cuitous routes. to which such traffic is to be diverted or roads. FSA No. 32293: Pig iron—Buffalo, rerouted, and shall receive the concur­ (c ) Effective date : This order shall be­ N. Y./ group to Chicago, III., and district. rence of such other railroads before the come effective at 12:01 a. m., July 1, Filed by H. R. Hinsch, Agent, for inter­ rerouting or diversion is ordered. 1956. ested rail carriers. Rates on pig iron, (c) Notification to shippers: The car­ (d) Expiration date: This order shall carloads from Buffalo, Black Rock, Ni­ riers rerouting cars in accordance with expire at 11:59 p. m., July 31, 1956, un­ agara Falls and Suspension Bridge, this order shall notify each shipper at less otherwise modified, changed, sus­ N. Y., to Chicago, 111., and points in the the time each car is rerouted or diverted pended, or annulled by order of this Chicago district, also Gary, Ind. and shall furnish to such shipper the Commission. Grounds for relief: Circuitous routes. new routing provided under this order. It is further ordered, That this order Tariffs: Supplement 28 to Baltimore (d) Inasmuch as the diversion or re­ shall be served upon the Association of and Ohio Railroad tariff I. C. C. 23932 routing of traffic by said Agent is deemed American Railroads, Car Service Di­ and supplemental schedules of other car­ to be due to carrier’s disability, the rates vision, as agent of all railroads subscrib­ riers listed in appendix A of the appli­ applicable to traffic diverted or rerouted ing to the car service and per diem agree­ cation. by said Agent shall be the rates which ment under the terms of that agreement FSA No. 32294: Carbolic acid—Mari­ were applicable at the time of shipments and by filing it with the Director, Di­ etta, Ohio, to Houston, Tex. Filed by on the shipments as originally routed. vision of the Federal Register. F. C. Kratzmeir, Agent, for interested rail carriers. Rates on carbolic acid (e) In executing the directions of the Issued at Washington, D. C., June 30, Commission and of such Agent provided (phenol), tank-car loads from Marietta, 1956. Ohio, to Houston, Tex. for in this order, the common carriers I n t e r s t a t e C o m m e r c e involved shall proceed even though no Grounds for relief: Water-truck com­ C o m m is s io n , petition and circuitous routes. contracts, agreements, or arrangements C h a r l e s W . T a y l o r , now exist between them with reference Agent. Tariff: Supplement 142 to Agent to the divisions of the rates of transpor­ Kratzmeir’s I. C. C. 4115. tation applicable to said traffic; divisions [F. R. Doc. 56-5405; Filed, July 6, 1956; FSA No. 32295: Stone—Dan, Ga., to shall be, during the time this order re­ 8:56 a. iñ.] points in Georgia. Filed by O. W. South, mains in force, those voluntarily agreed Jr., Agent, for interested rail carriers. upon by and between said carriers; or Rates on stone, broken or crushed, car­ upon, failure of the carriers to so agree, loads from Dan, Ga., to specified points said divisions shall be those hereafter F o u r t h S e c t io n A pplications f o r R e l ie f in Georgia. fixed by the Commission in accordance J u l y 2,1956. Grounds for relief: Short-line distance with pertinent authority conferred upon Protests to the granting of an appli­ formula and circuity. it by the Interstate Commerce Act. cation must be prepared in accordance Tariff: Supplement 69 to Agent Span- (f) Effective date: This order shall be­ with Rule 40 of the general rules of prac­ inger’s I. C. C. 1469. come effective at 10:00 a. m., June 30, tice (49 CFR 1.40) and filed within 15 1956. FSA No. 32296: Caustic soda—Mem­ days from the date of publication of this phis, Tenn., to Louisiana points. Filed (g) Expiration date: This order shall notice in the F ederal R e g is t e r . by O. W. South, Jr., Agent, for interested expire at 12:01 a. m., July 1, 1956, unless l o n g - and- s h o r t h a u l rail carriers. Rates on liquid caustic otherwise modified, changed, suspended soda, tank-car loads from Memphis, or annulled. FSA No. 32290: Crude rubber—Louisi­ ana and Texas to Michigan and Pennsyl­ Tenn., to Baton Rouge, Chalmette, New It is further ordered, That this order Orleans, and Norco, La. shall be served upon the Association of vania. Filed by F. C. Kratzmeir, Agent, for interested rail carriers. Rates on Grounds for relief: Market competi­ American Railroads, Car Service Divi­ rubber, crude, artificial, synthetic or tion and circuity. sion, as agent of all railroads subscribing neoprene, straight or mixed carloads Tariff: Supplement 291 to Agent Span- to the car service and per diem agree­ from Lake Charles and West Lake inger’s I. C. C. 1062. ment under the terms of that agreement Charles, La., Baytown, Borger, Houston FSA No. 3^297: Stone—Dan, Ga., to and by filing it with the Director, Divi­ and Port Neches, Tex., to Monroe, Mich., Lakeland, Ga. Filed by O. W. South, Jr., sion of the Federal Register. Ambler and Phoenixville, Pa. Agent, for interested rail carriers. Rates Issued at Washington, D. C., June 30, Grounds for relief: Short-line distance on stone, broken or crushed, carloads 1956. formula and circuity. Tariffs; Supplement 156 to Agent from Dan, Ga., to Lakeland, Ga. I n t e r s t a t e C o m m e r c e Kratzmeir’s I. C. C. 4087; Supplement Grounds for relief: Circuitous routes. C o m m is s io n , 208 to Agent Kratzmeir’s I. C. C. 4139. Tariff: Supplement 69 to Agent Span- C h a r l e s W . T a y l o r , FSA No. 32291; Muriatic acid—Chat- inger’s I. C. C. 1469. Agent. tanoga, Tenn., to Chicago, III. Filed by FSA No. 32298: Commodities to North­ {F. R. Doc. 56-5406; Filed, July 6, 1956; O. W. South, Jr., Agent, for interested ern, Southern and Western Points. Filed 8:56 a. m.] rail carriers. Rates on acid, muriatic jointly by C. W. Boin and O. E. Swenson, 5078 NOTICES

Agents, for interested rail carriers. FSA No. 32299: Sugar—Minnesota Tariff: Supplement 63 to Agent V. P. Rates on various commodities, carloads, Points to Points in Illinois. Filed by Brown’s tariff I. C. C. 2. as described in exhibit A of the applica­ W. J. Prueter, Agent, for interested rail By the Commission. tion from specified points in official ter­ carriers. Rates on sugar, carloads from ritory to specified points in official, south­ Bingham, East Grand Forks, and Wilds, [seal] Harold D. McCoy, ern and western trunk-line territories. Minn., to specified points in Illinois. Secretary. Grounds for relief: Carrier competi­ Grounds for relief: Market competi­ [P. R. Doc. 66-6352; Filed, July 6, 1956; tion and circuitous routes. tion and circuitous routes. 6:60 a. m.J