Washington, Wednesday, July 4, 1956

/S\ FEDERAL \í* 1934 VOLUME 21 \ NUMBER 129 * i/AHTEO ^ Washington, Wednesday, July 4, 1956

and one-half miles north of Holtville. Mail CONTENTS TITLE 7— AGRICULTURE address P. O. Box 245, Holtville. Hangover Farms, located northwest cor Chapter III— Agricultural Research ner Road 20 (Highway 80) and West E, Box Agricultural Marketing Service Page Service, Department of Agriculture 418, El Centro. Rules and regulations: Potatoes, Irish, grown in Modoc [P. P. C. 612, 2d Revision, Supp. 6 ] Gilbert Hayden Ranch, located at north west corner of West 26 and F Road. Mail and Siskiyou Counties in Cali P art 301—D o m e st ic Q u a r a n t in e N o tices address P. O. Box 195, Imperial. fornia and in all counties in Alvin A. Immel property, northeast corner Oregon except M a lh eu r S u b pa r t —K hapra B e e t le 11th and Melon Streets, Holtville. County; limitation of ship- Kern County Land Company, Gosford administrative instructions designating Feed Yard, 2920 M Street, Bakersfield. ments______4945 PREMISES AS REGULATED AREAS Estle Lain Ranch, located one-eighth mile Agricultural Research Service Pursuant to § 301.76-2 of the regula west of intersection of Road West C and Rules and regulations: tions supplemental to the Khapra Beetle Road 21, north side of Road 21, Route 1, Box Khapra beetle; domestic quar 9, El Centro. Quarantine (7 CFR Supp. 301.76-2, 20 Fritz Lehman Ranch, Route 1, Box 99, antine notices______4943 P. R. 1012) under sections 8 and 9 of the northeast of El Centro. Agriculture Department Plant Quarantine Act of 1912, as amend M. L. McFarland (small farm), County See Agricultural Marketing Serv ed (7 U. S. C. 161, 162), revised adminis Road West A, one-fourth mile north of ice; Agricultural Research Serv trative instructions issued as 7 CFR Supp. County Road 28, P. O. Box 327, Imperial. ice; Commodity Stabilization S. C. McGonagle Ranch, two miles east 301.76-2a (20 F. R. 9899), effective De Service. cember 23, 1955, as amended effective of El Centro from Highway 80 on the Dog January 26, 1956, March 14, 1956, April wood Canal. Mail address Box 978, El Centro. Alien Property Office 17, 1956, May 9, 1956, and June 7, 1956 Keith Mets Feed Lot, Route 1, Box 83, Notices: Holtville. Vested property; intention to (21 F. R. 573, 1575, 2463, 3073, 3897), are Keith Mets Branch (headquarters), located hereby amended in the following on Bonds Corner Road, four miles south of return: respects: Holtville, Route 1, Box 83, Holtville. Kissling, A. A ______4991 (a) The designation as regulated areas I. F. Porter (small farm), Route 2, Box Kratzke, Emilie______4991 of the following premises, included in 9A, Brawley. Netherlands for the benefit of: the list contained in such instructions, is K. K. Sharp (small farm and storage), de Jong, Alice Kareline, et al_ 4991 hereby revoked, and the reference to such Route 1, Box 44, southeast corner intersec de Vries, Nicolaas, et al______4892 tion County Roads East R and 26, on Pam premises in the list is hereby deleted, it Elias, Thea Celine, et al______4991 pas Canal, Holtville. van Adelsbergen, Josephine, having been determined by the Chief of Wildlife Refuge Unit No. 1, at northeast the Plant Pest Control Branch that ade corner of intersection of West I and County et al______;______4992 quate sanitation -measures have been Road 60, Brawley. van Burken, Johannes, et al_ 4992 practiced for a sufficient length of time Wildlife Refuge Unit No. 2, on east side van de Ruit, Johanna, et al__ 4992 to eradicate the khapra beetle in and of West I, one-fourth mile north of County Civil Aeronautics Administra Road 74, Brawley. upon such premises: tion A rizona (b) The following premises are added Rules and regulations: to the list, contained in such instructions, Minimum en route IFR alti Capital Peed & Seed Fertilizer Plant, ilt h of warehouses, mills, and other premises tudes; miscellaneous amend- Avenue and Buchanan Street, Phoenix. in which infestations of the khapra Farmer’s Coop. Marketing Association, 401 ments______4947 Eighth Street, Yuma. beetle have been determined to exist, Restricted areas; alterations___ 4947 Hayden Flour Mills, 119 Mill Avenue, such premises are thereby ^designated as Tempe. regulated areas within the meaning of Cpmmerce Department South Cental Feed & Supply (warehouse), said quarantine and regulations: See Civil Aeronautics Administra 3710 South Central Avenue, Phoenix. tion; Federal Maritime Board. P. E. Sterner Farm, Box 1782, Goodyear. A rizona Commodity Stabilization Service Weaver Auto Upholstery Shop, 751 West Joe Wiehl Farm, Route 1, Box 127, Gilbert. Proposed rule making: - Main Street, Mesa. Califo r n ia Reopened hearing: Califo rn ia Sugar quota, domestic beet Oscar Rudnick property (Soldier Wells sugar area; 1956 allotment- 4967 Charles C. Causey (small farm used for Camp), located near junction of Highways storage and.farm feeding), 653 South Im 178 and 6, vicinity of Freeman. Mail address Sugar quota, mainland cane perial Avenue, northwest corner intersection P. O. Box 548, Bakersfield. sugar area; 1956 allotment- 4967 County Roads East M and 46, Brawley. Defense Department Desert Edge Farms Packing Shed, 340 East This amendment revokes the designa Main, Calipatria. Rules and regulations: tion as regulated areas of certain prem Payments on incentive-type and R. S. Garewal & Mary G. Gill Ranch, on ises, it having been determined by the east side of Road East Z, one-fifth mile south p rice redetermination-type of County Road 27, three miles east and two (Continued on p. 4945) contracts______4957 4943 4944 RULES AND REGULATIONS CONTENTS— Continued CONTENTS— Continued Federal Communications Com- Pa®e Interior Department— Con. Page FEDERAÍ^REGISTER mission Notices: Notices : Oregon; exchanging adminis Hearings, etc.: trative jurisdictipn of certain Published dally, except Sundays, Mondays, American Cable and Radio Oregon and California rail and days following official Federal holidays, Corp. (2 documents)__ 4978,4979 road grant lands and national by the Federal Register Division, National Confederate Radio Co. forest lands; correction______4977 Archives and Records Service, Genert^ Serv (WPGA)______4978 Interstate Commerce Commis ices Administration, pursuant to the au Mississippi Broadcasting Co. thority contained in the Federal Register Act, sion approved July 26, 1935 (49 Stat. 500, as (WCCC-TV) and Laurel Notices: amended; 44 U. S. C., ch. 8B ), under regula Television Co., Inc______4978 Fourth section applications for tions prescribed by the Administrative Com Mexican broadcast stations; list re lie f______4990 mittee of the Federal Register, approved by of changes, proposed changes, Motor carrier applications____- 4984 the President. Distribution Is made only by and corrections in assign Proposed rule making: the Superintendent of Documents, Govern ments______- 4979 Uniform system of accounts for ment Printing Office, Washington 25, D. C. Proposed rule making : The F ederal R egister will be furnished by railroad companies; miscel mail to subscribers, free of postage, for $1.50 Fixed service utilizing tropo laneous amendments______4973 per month or $15.00 per year, payable in spheric scatter techniques ; Rules and regulations: advance. The charge for individual copies extension of time for filing Routing; Chicago, St. Paul,Min (minimum 15 cents) varies in proportion to comments______4968 neapolis, and Omaha Rail the size of the issue. Remit check or money Television broadcast stations ; way Co______4967 order, made payable to the Superintendent table of assignments: of Documents, directly to the Government Albany - Schenectady - Troy, Justice Department Printing Office, Washington 25, D. C. See Alien Property Office. The regulatory material appearing herein N. Y., and Vail Mills, N. Y__ 4970 Is keyed to the Code of F ederal R eg ulatio ns, Charleston, S. C------4971 Labor Department which is published, under 50 titles, pursuant Duluth, Minn.-Superior, W is. 4971 See Wage and Hour Division. to section 11 of the Federal Register Act, as Elmira, N. Y ------4973 Land Management Bureau amended August 5, 1953. The Code of F ed Evansville, Ind______— 4972 eral R egulations is sold by the Superin Fresno-Santa Barbara, Calif _ 4973 Notices: tendent of Documents. Prices of books and Hartford, Conn.-Providence, Colorado; proposed withdrawal pocket supplements vary. and reservation of lands— - 14976 R . I ______. ______4968 There are no restrictions on the re Utah; small tract classification. 4976 publication of material appearing in the Madison, Wis------4971 Rules and regulations: Miami, Fla ______- 4972 F ederal R egister, or the Code of F ederal New Mexico; public land order. 4958 R eg u latio ns. New Orleans, La.-Mobile, Ala_ 4970 Norfolk-Portsmouth-Newport Mines Bureau News, Va., and New Bern, Notices: N. C______4969 Various officials of Region V; CFR SUPPLEMENTS Peoria, 111., Davenport, Iowa- delegation of authority to exe cute contracts______4976 (As of January 1, 1956) Rock Island-Moline, HI----- 4969 Springfield, Ill.-St. Louis, M o. 4968 Securities and Exchange Com The following Supplements are now Rules and regulations: mission available: Radio broadcast services; tele Notices : vision broadcast stations----- 4958 Hearings, etc. : Title 26 (1954) Part 221 to Federal Home Loan Bank Board Andrew Stewart Messick & end (Rev., 1955) Rules and regulations: Co______4981 ($2.25) Appointment of conservator, re Deal Shore Estates Associa ceiver and supervisory repre tion, Section H, et al______4982 Title 38 ($2.00) sentative in charge; miscel- Drexel & Co. et al______4981 laneous amendments______4946 Michigan Wisconsin Pipe Titles 44-45 ($1.00) Federal Maritime Board Line Co______4983 Notices: Porter, Reese Wade______4980 Title 50 ($0.60) James Loudon & Co., Inc., and Southern Electric Generating D. C. Andrews & Co., Inc------4977 Co. et al______4983 Union Electric Company of Previously announced: Title 3, 1955 Supp, Santiago de Cuba Conference ($2.00); Titles 4 and 5 ($1.00); Title 6 ($1.75); and Buccaneer Line, Inc____L 4977 Missouri and Hevi-Duty Title 7: Parts 1-209 ($1.25), Parts 210-899 Electric Co____ :______4982 (Rev., 1955) with Supplement ($4.50), Parts Federal Power Commission 900-959 (Rev., 1955) ($6.00), Part 960 to end Small Business Administration (Rev;, 1955) with Supplement ($5.85); Title 8 Notices: ($0.50); Title 9 ($0.70); Titles 10-13 ($0.70); United Gas Pipe Line Co.; order Notices: Title 14: Parts 1-300 ($2.50), Part 400 to end Pennsylvania; declaration of ($1.00); Title 15 ($1.00); Title 16 ($1.25); Title further consolidating proceed- 17 ($0.60); Title 18 ($0.50); Title 19 ($0.50); ings for purpose of oral argu disaster area______4991 Title 20 ($1.00); Title 21 (Rev., 1955) ($5.50i; Titles 22 and 23 ($1.00); Title 24 ($0.75); Title ment only and supplementing Treasury Department 25 ($0.50); Title 26 (1954) Parts 1-220 (Rev., order issued June 22,1956 - 4978 See Foreign Assets Control.*» 1955) ($2.00); Title 26: Parts 1-79 ($0.35), Parts 80-169 ($0.50), Parts 170-182 ($0.30), Parts Fish and Wildlife Service Wage and Hour Division 183-299 ($0.35), Part 300 to end, Ch. 1, and Rules and regulations: Rules and regulations: Title 27 ($1.00); Titles 28 and 29 ($1.25); Titles 30 and 31 ($1.25); Title 32: Parts 1-399 ($0.60), Alaska commercial fisheries; Overtime compensation; mis Parts 400-699 ($0.65), Parts 700-799 ($0.35), Bristol Bay area and Chignik cellaneous amendments______4949 Parts 800-1099 ($0.40), Part 1100 to end ($0.35); Title 32A (Rev., 1955) ($1.25); Title 33 area_____.______4967 ($1.50); Titles 35-37 ($1.00); Title 39 (Rev., CODIFICATION GUIDE 1955) ($4.25); Titles 40-42 ($0.65); Title 43 Foreign Assets Control ($0.50); Title 46: Parts 1-145 ($0.60), Part 146 Notices: A numerical list of the parts of the Code to end ($1.25)) Titles 47 and 48 ($2.25); Title Bristle, dyed hog, of German of Federal Regulations affected by documents 49: Parts 1-70 ($0.60), Parts 71-90 ($1.00), published in this issue. Proposed rules, as Parts 91-164 ($0.50), Part 165 to end ($0.65) origin; availability of licenses for importation.______4976 opposed to final actions, are identified as such. Order from Superintendent of Documents, Inferior Department Government Printing Office, Washington Title 7 Page 25, D. € . See also Land Management Bu reau; Fish and Wildlife Serv Chapter IH: ice; Mines Bureau. Part 301___ - ______4943 Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4945

CODIFICATION GUIDE— Con. Done at Washington, D: C., this 28th (including, but not limited to White day of June 1956. Rose, Russet Burbank, and Early Gem varieties), unless such potatoes meet the Title 7— Continued Page [ s e a l ] E. D . B urgess, requirements of the U. S. No. 2 or better Chapter V III: Chief, Plant Pest Control Branch. grade, 2 inches minimum diameter or 4 % Part 814 (proposed) (2 docu [F. R. Doc. 56-5297; Filed, July 3, 1956; ounces minimum weight, as such terms ments) ------4967 8:50 a. m.] are defined in the United States Stand Chapter IX : ards for Potatoes (§§ 51.1540 to 1559 of Part 959—;______——------— 4945 this title), including the tolerances set Title 14 forth therein. Chapter II: Chapter IX— Agricultural Marketing (2) During the period from July 9, Part 608______- ______4947 Service (Marketing Agreements and 1956, through June 30, 1957, and subject Part 610______4947 Orders), Department of Agriculture to the requirements set forth in subpara Title 24 graph ( 1 ) of this paragraph no handler P art 959— I r is h P otatoes G r o w n i n shall ship (i) any lot of potatoes of the Chapter I: M odoc and S i s k i y o u C o u n t ie s , C a l if ., Part 147—______— 4946 round varieties (including, but not lim a n d i n A l l C o u n t ie s i n O r e g o n , E x c ept ited to, Kennebec, Irish Cobbler, Bliss Title 29 M a lh e u r C o u n t y Triumph, and Pontiac varieties) if more Chapter I: LIMITATION OF SHIPMENTS than 20 percent of the potatoes in such Part 778______4 —------4949 lot have more than one-half of the skin ' § 959.314 Limitation of shipments— Title 32 missing or “feathered,” as such terms are (a) Findings. (1) Pursuant to Market used in the said United States Standards, Chapter I: ing Agreement No. 114, as amended, and Part 84 ______------4957 (ii) any lot of potatoes of the White Order No. 59 as amended (7 CFR Part Rose variety if more than 35 percent of Title 43 959; 20 F. R. 7068), regulating the han the potatoes in such lot have more than Chapter I: dling of Irish potatoes grown in Modoc one-half of the skin missing or “feath Appendix (Public land orders) : and Siskiyou Counties in California and ered,” as such terms are used in the said 1309______:______4958 in all counties in Oregon, except Mal United States Standards, or (iii) any lot Title 47. heur County, effective under the appli of potatoes of the Netted Gem varieties Chapter I: cable provisions of the Agricultural Mar (including, but not limited to Russet Part 2 (proposed) — — ------4968 keting Agreement Act of 1937, as Burbank and Early Gem varieties) if Part 3______._____ 4958 amended (48 Stat. 31, as amended; 7 such potatoes are more than “moderately Proposed rules (13 docu U. S. C. 601 et seq.), and upon the basis skinned,” as such term is defined in the ments)______4968-4973 of the recommendation and information said United States Standards, which submitted by the Oregon-Califomia Po Title 49 means that not more than 10 percent of tato Committee, established pursuant to such potatoes have more than one-half Chapter I: said amended marketing agreement and of the skin missing or “feathered.” Part 10 (proposed)------4973 order, and upon other available infor Provided, That during such period, not Part 97______——______4967 mation, it is hereby found that the lim to exceed 100 hundredweight of each Title,50 itation of shipments, as hereinafter pro variety of such potatoes may be handled Chapter I: vided, will tend to effectuate the declared every seven days without regard to the Part 104______4967 policy of the act. aforesaid skinning requirements if the Part 107______4967 (2) It is hereby found that it is imhandler thereof reports, prior to such practicable and contrary to the public handling, the name and address of the interest to give preliminary notice, en producer of such potatoes, and each Chief of the Plant Pest Control Branch gage in public rule making procedure, shipment hereunder is handled as an that adequate sanitation measures have and postpone the effective date of this identifiable entity. been practiced for a sufficient length of section until 30 days after publication (3) Pursuant to § 959.53, each han time to eradicate the khapra beetle in in the F ederal R egister (5 U. S. C. 1001 dler may make one shipment of not in and upon such premises. It also adds et seq.) in that (i) the time intervening excess of five hundredweight per week - additional premises to the list of prem between the 'date when information without regard to the limitations set upon which this section is based became ises in which khapra beetle infestations forth in subparagraphs ( 1) and (2) of * have been determined to exist, and des available and the time when this section this paragraph and §§ 959.42 and 959.60. must become effective in order to effec ignates such premises as regulated areas (4) Except as otherwise provided in under the khapra beetle quarantine and tuate the declared policy of the act is insufficient, (ii) more orderly marketing this section, the limitations set forth in regulations. subparagraphs ( 1 ) and (2) of this para* in the public interest, than would other This amendment in part imposes re graph shall not be applicable to ship strictions supplementing khapra beetle wise prevail, will be promoted by regu lating the shipment of potatoes, in the ments of potatoes for the following quarantine regulations already effective. purposes: (i) Grading or storing witiiin It also relieves restrictions insofar as it manner set forth below, on and after the effective date of this section, (iii) the district where grown; (ii) certified revokes the designation of presently reg seed potatoes; (iii) export; (iv) canning ulated areas. It must be made effective compliance with this section will not re quire any preparation on the part of or freezing; (v) dehydration or manu promptly in order to carry out the pur facture or conversion into starch, flour, poses of the regulations and to permit handlers which cannot be completed by the effective date, (iv) a reasonable time or alcohol; (vi) charity; (vii) potato unrestricted movement of regulated chipping; (viii) livestock feed within the products from the premises being re is permitted under the circumstances, for such preparation, and (v) informa district where grown, except that pota moved from designation as regulated toes grown in District No. 2 or District areas. Accordingly, under section 4 of tion regarding the committee’s recom mendations has been made available to No. 4 may be shipped for livestock feed the Administration Procedure Act (5 within, or to, such districts for such Ü. S. C. 1003), it is found upon good cause producers and handlers in the produc tion area. purpose. that notice and other public procedure (5) During the period July 9, 1956, with respect to the foregoing amendment (b) Order. (1) During the period from July 9,1956, through June 30,1957, through June 30, 1957: (i) No handler are impracticable and contrary to the no handler shall ship potatoes (i) if shall ship (a) potatoes for export which public interest, and good cause is found they are of the round varieties (includ do not meet the requirements of the U. S. for making the effective date thereof less ing, but not limited to, Kennebec, Irish No. 1 or better grade, IV2 inches mini than 30 days after publication in the Cobbler, Bliss Triumph, and Pontiac va mum diameter, or (b) potatoes for dehy F ederal R eg ister . rieties), unless such potatoes meet the dration or manufacture or. conversion (Sec. 9, 37 Stat. 318; 7 U. S. C. 162. Inter requirements of the U. S. No. 2 or better into starch, flour, or alcohol which do prets or applies sec. 8, 37 Stat. 318, as grade, 1 % inches minimum diameter, not meet the requirements of 85 percent amended; 7 U. S. C. 161) and (ii) if they are of the long varieties, of the U. S. No. 1 or better grade, IV2 4946 RULES AND REGULATIONS

inches minimum diameter; (ii) potatoes of this title), including the tolerances set the Federal association, or any of them, grown in a particular district and which forth therein, and the terms “District may, ffom time to time, communicate fail to meet applicable grade and size No. 1,” “District No. 2," District No. 3,” with the Board with respect to the dis requirements of this section because of District No. 4,’* and all other terms used charge of such supervisory representa • damage from shriveling or sprouting in this section shall have the same tive in charge and the release of the asso caused by the conditioning of the pota meaning as when used in Marketing ciation from his control; Provided fur toes for potato chipping may be shipped Agreement No. 114, as amended, and ther, That the members of the associa for use for potato chipping; (iii) pota Order No. 59, as amended (7 CFR Part tion or the board of directors thereof, toes grown in a particular district and 959; 20F.R. 7068) . may by resolution consent to the ap which by clipping second growth could (Sec. 5, 49 Stat. 753, as amended; 7 U. S, C. pointment of a conservator or receiver be made to meet the aforesaid appli 608c) for such association. The Board may, at cable grade and size requirements may any time, direct the supervisory repre be shipped for use for potato chipping Dated; June 29,1956. sentative in charge to return the Federal without such clipping ; and (iv) potatoes [ s e a l ] S. R . S m it h , association to its management; may pro grown in a particular district and which Director, vide for a meeting or meetings of the meet the aforesaid applicable grade and Fruit and Vegetable Division. members for any purpose, including, size requirements may be commingled in without any limitation on the general the handling thereof for use for potato [F. R. Doc. 56-5325; Filed, July 3, 1956; ity of the foregoing, an increase in the 8:55 a.m .] chipping. number of directors, the election of addi ( 6) Each handler making shipments tional directors or an entire new board, of potatoes authorized pursuant to sub- TITLE 24— HOUSING AND and may provide for a meeting or meet paragraph (4) ,of this* paragraph shall ings of the directors for any purpose, with respect to such shipments other HOUSING CREDIT including, without any limitation on the than those for grading or storing and for generality of the foregoing, the filling of livestock feed : (i) File an application for Chapter I— Federal Home Loan Bank vacancies on the board of directors, the a Certificate of Privilege pursuant to Board election of new officers, or both. Any §§•959.130 and 959.131; (ii) pay the re Subchapter C— Federal Savings and Loan System such meeting of members or of di quired assessments pursuant to § 959.42; rectors may, as provided by the Board, be (iii) have such shipments (except ship [No. 9764] supervised or conducted by a representa ments of certified seed potatoes) in P art 147— A p p o in t m e n t o p C onservato r, tive of the Board. Such supervisory rep spected pursuant to § 959.60; and (iv) for R eceiver and S u p e r v is o r y R e pr esen ta resentative in charge shall furnish bond each such shipment (except shipments of t iv e i n C h arge in form and amount and with surety ac certified seed potatoes) furnish a record ceptable to the Director. The expenses of shipment applicable thereto to the miscellaneous a m e n d m e n t s incurred by a supervisory representative committee: Provided, That each applica J u n e 29, 1956 in charge during the period that he con tion to ship potatoes for export, for can Resolved that, pursuant to Part 108 of tinues in charge of any Federal associa ning or freezing, for dehydration or the general regulations of the Federal tion, including the cost of his bond and manufactûre or conversion into starch, Home Loan Bank Board (24 CFR Part charges for his services, as determined flour, or alcohol, for charity, or for potato 108) and § 142.1 of the rules and regu by the Director, shall be paid out of the chipping, shall be accompanied by a lations for the Federal Savings and Loan assets of the Federal association. In ad copy of the applicable bill of lading and System (24 CFR 142.1), §§ 147.3 and 147.7 dition, all expenses incurred by the the applicant handler’s certification and of the rules and regulations for the Board arising out of the appointment the buyer’s certification that the potatoes Federal Savings and Loan System (24 and affecting such appointment shall be to be shipped are to be used for the pur- CFR 147.3 and 24 CFR 147.7) are hereby paid by the association to the Board. * pose stated in the application; Provided amended to read as follows: The term “Director” , when used in this further, That each handler agrees, in his part, shall mean the Director and any application to make shipments for can § 147.3 Possession by supervisory rep Associate or Assistant Director of the ning or freezing, or for dehydration or resentative in charge. A supervisory rep Division of Supervision of the Board and manufacture or conversion into starch, resentative in charge shall forthwith the term Secretary to the Board shall flour, or alcohol, or for potato chipping, upon appointment as such for a Federal also mean any Assistant Secretary to the to bill each such shipment directly to association, or at such time as may be Board. the applicable processor and, if a par fixed by the Board, take possession of such association and, at the time he shall § 147.7 Possession by conservator or ticular shipment is not so billed, to fur receiver. A conservator or receiver shall nish copies of the bill of lading and re demand possession, shall serve a certified take possession of the Federal associa lated diversion orders covering such copy of the resolution^ of the Board ap shipment. pointing him as supervisory representa tion for which he has been so appointed tive in charge upon the officer or em in accordance with the terms of such (7) Pursuant to § 959.60 (b), the in appointment and, at the time he shall spection requirements of § 959.60 appli ployee of the association, if any, who shall be in the home office of the asso demand possession, notify the officer or cable to the handling of regraded, employee of the association, if any, who resorted, or repacked potatoes are sus ciation and appear to be in charge of such office. Immediately upon taking shall be in the home office of the asso pended during the effective time of this ciation and appears to be in charge of § 959.314 with respect to any such pota possession of such Federal association the supervisory representative in charge such office, of the action of the Board. toes which prior to the regrading, resort Immediately upon taking possession of ing, or repacking thereof, were inspected shall sUcceed to all the rights, powers and privileges of the members of the Federal such Federal association, such conserva pursuant to § 959.60 (a) and the inspec tor or receiver shall forthwith take pos tion certificate is valid at the time of association, its officers and directors, or any of them. Such members, officers and session of the books, records and assets - handling such regraded, resorted, or of every description of such association repacked potatoes. directors shall not thereafter, except as hereinafter expressly provided, have or and (a) a conservator shall succeed to ( 8) For the purpose of operations un all the rights, powers and privileges of der this part, each required inspection exercise any such rights, powers or privileges, or act in connection with any its members, its officers and directors, or certificate is hereby determined, pursu any of them, and (b) a receiver, by ant to § 959.60 (c), to be valid for a assets or property of any nature of the association; Provided, however, That the operation of law and without any con period not to exceed 14 days following board of directors of such association, as veyance and other instrument, act or completion of inspection as shown on such, shall have the right to appear and deed shall succeed to all the rights, titles, the certificate. be heard at any administrative hearing powers and privileges of the Federal as (9) Except as otherwise provided, the fixed by the Board for a determination sociation and shall succeed to the rights, various grades and sizes referred to in upon the question of whether or not a powers and privileges of its members, its officers and directors, or any of them. this section shall have the same meaning conservator or receiver shbuld be ap as when used in the United States Stand Such members, officers, or directors, or pointed for such Federal association, and any of them, shall not thereafter, ex ards for Potatoes (§§51.1540 to 51.1559 the officers, directors, or the members of cept as hereinafter expressly provided,

» Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4947 have or exercise any such rights, powers Army, the Navy, and the Air Force, with the notice, procedure and effective or privileges, or act in connection with through the Air Coordinating Com date provisions of section 4 of the Ad any assets or property of any nature o f. mittee, Airspace Panel and is adopted ministrative Procedure Act is not the association: Provided, however, That to become effective when indicated in required. any officer, director or member of such order to promote safety of the flying Part 608 is amended as follows: association shall have the right from public. Since a military function of the 1. In § 608.30, a Manistique, Mich., time to time to communicate with the United States is involved, compliance Temporary Area is added to read: Board with respect to such conservator ship or receivership. Such conservator Name and location Description by geographical coordi Designated Time of designa Controlling or receiver shall furnish bond in form (chart) nates altitudes tion agency and amount and with surety acceptable to the Director. The Board may, at any Manistique, Mich., Beginning at latitude 45°12'00", Surface to Daylight only.-- COM 9, NAS, temporary re longitude 86°01'00"; thence to lati 18,000 feet Glenview, 111. time, direct the conservator or receiver stricted area tude 45°39/00,'1 longitude 86°35'00''; mean sea to return the Federal association to its (Green Bay). thence to latitude 45°50'00", longi level. tude 86°12'00"; thence to latitude previous or a newly constituted manage 45o17'00", longitude 85°46'00"; ment; may provide for a meeting or thence to point of beginning. meetings of the members for any pur pose, including, without any limitation (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. From Florence, S. C., LFR; to Raleigh, N. C., on the generality of the foregoing, the 425. Interprets or applies sec. 601, 52 Stat. LFR; MEA 2,000. election of directors or an increase in 1007, as amended; 49 U. S. C. 551). From Daytona Beach, Fla., LFR; to Jack sonville, Fla., LFR; MEA 1,500. the number of directors, or both, or the This amendment shall be in effect on election of an entire new board; and may the following dates: July 6, 18 and 19; Section 610.108 Amber Civil Airway 8 is provide for a meeting or meetings of the amended to read in part: directors for any purpose, including, August 1, 2, 15, 16, 29 and 30; and Sep without any limitation on the generality tember 12, 13, 26 and 27, 1956. From Redmond, Oreg., LFR; to *The Dalles, Oreg., LFR; MEA 7,000. *6,000— MCA The [SEAL] LOWEN, of the foregoing, the filling of vacancies C. J. Dalles LFR, northbound. on the board of directors, the removal Administrator of Civil Aeronautics. Section 610.108 is of officers, and the election of new offi [P. R. Doc. 56-5277; Piled, July 3, 1956; Amber Civil Airway 8 cers, or for any of such purposes. Any 8:45 a. m.] amended to delete: such meeting of members or of direc From Bradley INT, Calif.; to Salinas, Calif., tors may, as provided by the Board, be LFR; MEA 5,000. supervised or conducted by a representa From Salinas, Calif., LFR; to Lightship tive of the Board. The Board may, with [Arndt. 5] INT, Calif.; MEA 5,000. out further hearing, replace a conserva From Lightship INT, Calif.; to Golden Gate tor by appointing the Federal Savings P art 610— M i n i m u m e n R o u t e IFR INT, Calif.; MEA 3,000. A l t it u d e s and Loan Insurance Corporation as re Section 610.213 Red Civil Airway 13 is ceiver for the purpose of liquidation, MISCELLANEOUS AMENDMENTS amended to delete: whetheir such conservator was appointed pursuant to a hearing or by consent. The minimum en route IFR altitudes From Sunbury, Pa., LFR; to Wilkes-Barre, appearing hereinafter have been co Pa., LFR; MEA 4,000. Resolved further that, whereas the ordinated with interested members of the amendment to § 147.3 is a rule of pro industry in the regions concerned insofar Section 610.214 Red Civil Airway 14 is cedure and practise, and the amendment as practicable. The altitudes are adopted amended to read in part: to § 147.7 is an interpretative rule, and without’ delay in order to provide for From Chicago, 111., LFR; to Rensselaer INT, since these amendments do not impose safety in air commerce. Compliance with Ind.; MEA 2,000. any additional obligations, the defer the notice, procedures, and effective date ment of the effective date of each such Section 610.215 Red Civil Airway 15 is provisions of section 4 of the Adminstra- amended by adding : amendment would serve no useful pur tive Procedure Act would be imprac pose, and notice and public procedure is ticable and contrary to the public inter From Tonopah, Nev., LFR; to Fallon, Nev., unnecessary. Good cause is found, est, and therefore is not required. LFR; MEA 11,000. therefore, for issuing these amended sec Part 610 is amended as follows: (Listed Section 610.216 Red Civil Airway 16 is tions without notice and public procedure items to be placed in appropriate se amended to read in part: thereon to be effective less than 30 days quence in the sections indicated.) after publication in the F ederal R eg ister , Section 610.16 Green Civil Airway 6 is From Columbia, S. C., LFR; to Florence, as provided in section 4 of the Adminis amended to read in part: S. C., LFR; MEA 1,500. trative Procedure Act (5 U. S. C. 1003). From Florence, S. C., LFR; to Lumberton, From Alice, Tex., LFR; to Agua Dulce INT, N. C., LF/RBN; MEA 1,500. (Sec. 17, 47 Stat. 736, as amended; 12 U. S. C. Tex.; MEA 1,600. From Lumberton, N. C., LF/RBN; to Ra 1437. Interprets or applies sec. 5, 48 Stat. Prom Agua Dulce INT, Tex.; to Corpus leigh, N. C., LPR; MEA 2,000. 132, as amended; 12 U. S. C. 1464) Christi, Tex., LPR; MEA 1,700. Section 610.220 Red Civil Airway 20 is This amendment shall be effective Section 610.19 Green Civil Airway 9 is amended to read in part: July 4,1956. amended to read in part: From Flint, Mich., ILS/LOM; to Goodrich By the Federal Home Loan Bank Prom Honolulu, T. H., LFR to North Maui INT, Mich.; MEA 2,200. Board. INT, TH; MEA 6,000. From Goodrich INT, Mich.; to ‘Windsor, Section 610.102 Amber Civil Airway 2 is Ontario, Canada; MEA 2,300. *For that air [ se al] H a r r y W . C a u l s e n , space over U. S. territory. Assistant Secretary. amended to read in part : Section^ 610.265 Red Civil Airway 65 is [P. R. Doc. 56-5323; Piled, July 3, 1956; From Delta, Utah, LPR; to *Salt Lake City, 8:55 a. m.] Utah, LPR; MEA 12,000. *10,000— MCA Salt amended to read in part: Lake City LFR, southbound. From ‘Oceanside, Calif.,. LF/RBN; to Prom Riverton, Calif., FM; to Salt Lake Julian, Calif., LF/RBN, eastbound, MEA TITLE 14— CIVIL AVIATION City, Utah, LFR, northbound only; MEA 9,000; westbound, MEA 7,000. *5,000— MCA 11,000. Oceanside LF/RBN, eastbound. Chapter II— Civil Aeronautics Admin Section 610.107 Amber Civil Airway 7 is Section 610.289 Red Civil Airway 89 is istration, Department of Commerce amended to read in part: amended to read in part: [Arndt. 171] From Key West, Fla., LFR; to Marathon, From Quincy, 111., LF/RBN; to Peoria, HI., Fla., LF/RBN; MEA 1,300. LFR; MEA 2,000. P art 608— R estricted A reas From Marathon, Fla., LF/RBN; to Home ALTERATION stead, Fla., LF/RBN; MEA 1,100. Section 610.309 Red Civil Airway 109 is From Homestead, Fla., LF/RBN; to Miami, amended to read in part: The restricted area alteration appear Fla., LFR; MEA 1,200. ing hereinafter has been coordinated From Charleston, S. C., LFR; to Florence, From ‘ Portland, Oreg., LFR; to **The Dal with the civil operators involved, the S. C., LFR; MEA 1,300. les, Oreg., LFR; MEA 7,000. *4,000— MCA 4948 RULES AfcD REGULATIONS

Portland LFR, eastbound. **6,000—MCA Section 610.6006 VOR Civil Airway 6 is From Corinne, Utah, FM; to Ogden, Utah, The Dalles LFR, northbound. amended to read in part: VOR, southbound only; MEA 8,000. Prom The Dalles, Dreg., LFR; to Saw Mill INT, Wash., MEA 8,000. From Rock River, Wyo., VOR; to Cheyenne, Section 610.6025 VOR Civil Airway 25 From Saw Mill INT, Wash.; to Yakima, Wyo., VOR; MEA 10,500. Via N alter.; MEA is amended to read in part: 10.500. (Delates MCA at Rock River VOR.) Wash., LFR, southwestbound, MEA 6,000; From Point Reyes, Calif., VOR; to Geyser- northeastbound, MfiA 4,000. Section 610.6007 VOR Civil Airway 7 is ville INT, Calif.; MEA 6,000. Section 610.603 Blue Civil Airway 3 is amended to delete: From *Geyserville INT, Calif.; to Lake port amended to delete: INT, Calif.; MEA **13,500. *13,500— MCA From Marianna, Fla., VOR, via W alter.; Geyserville INT, northbound. **7,000— From Cross City, Fla., LFRf to Drifton INT, to *Gantt INT, Ala., via W alter.; MEA MOCA. Fla.; MEA 1,300.' **5,500. *5,500— MRA. * *2,900— MOCA. From Lakeport INT, Calif.; to *Red Bluff, From »Gantt INT, Ala., via W alter.; to Calif., VOR, southbound, MEA 13,500. North Section 610.603 Blue Civil Airway 3 Montgomery, Ala., VOR via W alter.; MEA bound, MEA 9,000. *5,000— MCA Red Bluff amended by adding: 2.500. *5,500— MRA. VOR, southbound. From Cross City, Fla., LFR; to Tallahassee, Section 610.6007 VOR Civil Airway 7 Section 610.6026 VOR Civil Airway 26 Fla., LFR; MEA 1,400. is amended to read in part: is amended to delete: Section 610.618 Blue Civil Airway 18 is From Cross City, Fla., via W alter.; to Lob ' From Muskegon, Mich., VOR via S alter.; to amended to read in part: ster INT, Fla.; via W alter.; MEA *2,000. Lansing, Mich., VOR via S alter.; MEA 2,200. *1,500— MOCA. From Ridgewood INT, N. J.; to Spring Val From Lobster INT, Fla., via W alter.* to Section 610.6027 ley INT, N. J.; MEA 2,000. VOR Civil Airway 27 Bristol INT, Fla., via W alter.; MEA *5,000. From Spring Valley INT, N. J.; to West is amended to read in part: *1,200—MOCA. Point INT, N. Y.; MEA 2,500. From Bristol INT, Fla., via W alter.; to From Point Reyes, Calif., VOR; to Ukiah, From West Point INT, N. Y.; to Pough Marianna, Fla., VOR via W alter.; MEA *2,000. Calif., VOR; MEA 6,000. keepsie, N. Y., LFR; MEA 2,600. *1,500— MOCA. Section 610.6035 VOR Civil Airway 35 Section 610.630 Blue Civil Airway 30 is From Marianna, Fla., VOR; to Dothan, Ala., is amended to read in part: amended to read in part: TVOR; MEA 1,800. From Dothan, Ala., TVOR; to * Saco INT, From Macon, Ga., VOR; to »Eatonton INT, From Driscoll INT, Tex.; to Corpus Christi, Ala.; MEA **2,000. *2,000— MRA. **1,700— Ga.; MEA **2,600. *3,500— MRA. **2,000— Tex., LFR; MEA 1,700. MOCA. MOCA. From Saco INT, Ala.; to ‘ Shady Grove INT, From Eatonton INT, Ga.; to ‘ Madison INT, Section 610.648 Blue Civil Airway 48 is Ala.; MEA 1,800. *3,500— MRA. Ga.; MEA **2,600. *3,500— MRA. **2,000— added to read: From Shady Grove INT, Ala.; to Mont MOCA. From Marathon, Fla., LF/RBN; to Gulf- gomery, Ala., VOR; MEA 1,700. From Madison INT, Ga.; to Athens INT, stream INT, Fla.; MEA 1,100. From Katy INT, Fla.; to Dade City INT, Ga.; MEA *2,600. *2,000— MOCA. From Gulfstream INT, Fla.; to Miami, Fla., Fla.; MEA *1,500. *1,200— MOCA. From Athens INT, Ga.; to Royston, Ga., LFR; MEA 1,200. From Dade City INT, Fla.; to »Homo INT, VOR; MEA 2,000. Fla.; MEA **2,000. *2,000— MRA. **1,200— From Royston, Ga., VOR; to Clemson INT, Section 610.1001 Direct Routes, U. S. MOCA. S. C.; MEA 2,200. is amended to delete: From Hdmo INT, Fla.; to Cross City, Fla., From Clemson INT. S. C.; to Cleveland INT, VOR; MEA *2,000. *1,300— MOCA. S. C.; MEA 4,000. From Silver Lake, Calif., LFR; to Granite INT, Calif.; MEA 9,000. From Cleveland INT, S. C.; to Asheville, Section 610.6012 VOR Civil Airway 12 N. C., VOR; MEA 6,000. Section 610.1001 Direct Routes, XJ. S. is amended to delete: Section 610.6051 VOR Civil Airway 51 is amended by adding: From Anthony, Kans., VOR via N alter.; to Wichita, Kans., VOR via N alter.; MEA 2,900. is amended to read in part: From Medford, Oreg., VOR; to Rogue River INT, Oreg.; MEA 11,000. From Indianapolis, Ind., VOR; to Lafayette, Section 610.6013 VOR Civil Airway 13 Ind., VOR; MEA 2,300. From Wichita, Kans., VOR; to North Fork, is amended to read in part: Kans., LF/RBN; MEA 3,000. From Folkston INT, Ga.; to »Waycross INT, Ga.; MEA 1,600. *2,000— MRA. From Witchita, Kans., LFR; to North Fork, From Mason City, Iowa, VOR via W alter.; Kans., LF/RBN; MEA 3,000. to Prior INT, Minn., via W alter.; MEA *3,400. From Waycross INT, Ga.; to Alma, Ga., *2,600— MOCA. VOR; MEA 1,600. Section 610.1002 Direct Routes, Alaska From Atlanta, Ga., VOR via W alter.; to is amended to delete: Section 610.6018 VOR Civil Airway 18 Kennesaw INT, Ga., via W alter.; MEA 3,000. is amended to read in part: From Kennesaw INT, Ga., via W alter.; to From Wichita, Kans., VOR; to North Fork, From Anniston, Ala., VOR; to Temple INT, Chattanooga, Tenn., VOR via W alter.; MEA Kans., LF/RBN; MEA 3,000. *4.000. *3,500— MOCA. From Wichita, Kans., LFR; to North Fork, Ga., MEA 4,000. Kans., LF/RBN; MEA 3,000. From Temple INT, Ga., to Campbellton Section 610.6054 VOR Civil Airway 54 INT, Ga., MEA 2,700. is amended by adding: Section 610.6001 VOR Civil Airway 1 From Roopvllle INT, Ga., via S alter.; to amended to read in part: Atlanta, Ga., VOR via S alter.; MEA 2,200. From Muscle Shoals, Ala., VOR; to Hunts From Atlanta, Ga., VOR via S alter.; to ville, Ala., VOR; MEA 2,200. From New Bern, N. C., VOR; to Cofleld, »McDonough INT, Ga., via S alter.; MEA From Huntsville, Ala., VOR; to Chatta N. C., VOR; MEA *1,300. *1,200— MOCA. 2,200. *2,500— MRA. nooga, Tenn., VOR; MEA 4,000. From Cofleld, N. C., VOR; to Corapeake From McDonough INT, Ga., via S alter.; to INT, VarTMEA *1,500. *1,200— MOCA. »Eatonton INT, Ga., via S alter.; MEA Section 610.6054 VOR Civil Airway 54 From Corapeake INT, Va.; to Norfolk, Va., **3,700. *3,500— MRA. * *2,200— MOCA. is amended to read in part: ILS loc.; MEA 1,500. From Eatonton INT, Ga., via S alter.; to From Murphy INT, N. C.; to Harris INT, Section 610.6003 VOR Civil Airway 3 is Thomson INT, Ga., via S alter.; MEA *3,500. N. C.; MEA *6,600. *5,700— MOCA. amended by adding: *2,200— MOCA. From Harris INT, N. C.; to Cleveland INT, From Thomson INT, Ga., via S alter.; to S. C.; MEA *8,000. *7,500— MOCA. From Vero Beach, Fla., VOR; to Daytona Augusta, Ga., VOR via S alter.; MEA 1,800. Beach, Fla., VOR; MEA 1,300. Section 610.6020 VOR Civil Airway 20 Section 610.6056 VOR Civil Airway 56 From Daytona Beach, Fla., VOR; to Jack is amended to read in part: sonville, Fla., VOR; MEA 1,400. is amended to read in part: From Columbus, Ga., VOR; to »Hamilton Section 610.6005 VOR Civil Airway 5 is From Alice, Tex., VOR; to Corpus Christi, Tex., VOR; MEA 1,700. INT, Ga.; MEA 1,800. *2,400— MRA. amended to $ead in part: From Atlanta, Ga., VOR; to Rex INT, Ga.; From Hamilton INT, Ga.; to »Junction City INT, Ga.; MEA **3,000. *3,000— MRA. From Folkston INT, Ga.; to *Waycross INT, MEA 2^200. **2,400— MOCA. Ga.; MEA 1,600. *2,000— MR A. From Rex INT, Ga.; to Royston, Ga., VOR; From Waycross INT, Ga.; to Alma, Ga., MEA 2,700. * From Junction City INT, Ga.; to Macon, VOR; MEA 1,600. * Ga., VOR; MEA *3,000. *2,400— MOCA. Section 610.6021 VOR Civil Aiway 21 From Atlanta, Ga., VOR via W altef.; to Section 610.6059 VOR Civil Airway 59 Kennesaw INT, Ga., via W alter.; MEA 3,000. is amended to read in part: is amended to delete: From Kennesaw INT, Ga., via W alter.; to From »Ogden, Utah, VOR; to Malad City, Chattanooga, Tenn„ via W alter.; MEA *4,000. Idaho, VOR; MEA 11,000. *9,000— MCA From Evansville, Ind., VOR; to »Farina *3,500— MOCA. Ogden VOR, northbound. INT, 111.; MEA 2,000. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4949

Prom «Farina INT, HI.; to Vandalia, 111., Prom Ranch INT, Ariz.. via E alter.; to From Chattanooga, Tenn, VOR; to Smith- VOR; MEA 2,000. *3,100— MRA. Prescott, Ariz, VOR via E alter.; MEA 9,000. ville INT, Tenn.; MEA 4,400. Prom Evansville, Ind., VOR via E alter.; Prom Smithville INT, Tenn.; to * Hartsville to Vandalia, 111., VOR via E alters MEA Section 610.6120 VOR Civil Airway 120 INT, Tenn.; MEA “ 4,000. *5,000—MRA. 2,000. is amended by adding: **3,500— MOCA. PTom Hartsville INT, Tenn.; to Bowling From Springfield, 111., VOR; to Pebria, 111., From Augusta INT, Mont.; to ‘ Great Falls, Green, Ky., VOR; MEA *4,000. *3,500— VOR; MEA 2,000. Mont, VOR eastbound only; MEA 7,000. MOCA. Prom Peoria, HI., VOR; to Bradford, 111., *6,800— MCA Great Falls VOR, eastbound. VOR; MEA 2,000. Section 610.6134 VOR Civil Airway 134 Section 610.6404 Hawaii VOR Civil Prom Bradford, 111., VOR; to Moline, 111., Airway 4 is amended to read in part: VOR; MEA 2,000. is amended to read in part: From Barbers Point, T. EL, PM; to Hono Prom Evergreen, Ala., VOR; to ‘ Shady Section 610.6066 VO R Civil Airway 66 lulu, T. H , VOR; MEA 2,000. is amended to read in part ; Grove INT, Ala.; MEA **3,500. *3,500— MRA. **2,100— MOCA. (Sec. 205, 52 Stat. 984, as amended; 49 U. S. C. Prom *San Diego, Calif., VOR; to Jamul, Prom Shady Grove INT, Ala.; to Columbus, 425. Interpret or apply sec. 601, 52 Stat. Calif., LF/RBN; MEA 8,000. *4,000— MCA G a , VOR; M EA *3,500. *2,100— MOCA. 1007, as amended; 49 U. S. C. 551) San Diego VOR, eastbound. Prom Jamul, C a lif, LP/RBN; to ‘ Seeley Section 610.6140 VOR Civil Airway 140 These rules shall become effective July INT, Calif., MEA **13,000. *10,000— MCA is amended to read in part: 26, 1956. Seeley INT, westbound. **8,000— MOCA. From Nashville, Tenn, VOR; to *Harts- Prom Seeley INT, Calif.; to Yuma, Ariz, [ s e a l ] J am es T . P y l e , ville INT, Tenn.; MEA **5,000. *5,000— VOR; MEA *8,000. *4,000— MOCA. Acting Administrator MRA. **3,400— MOCA. From Barrett Lake, Calif., PM; to Jamul, Prom Hartsville INT, Tenn.; to Corbin, K y, of Civil Aeronautics. Calif., LP/RBN, westbound only; MEA 6,000. VAR; MEA *5,000. *3,400— MOCA. Prom Jamul, Calif., LP/RBN; to San Diego, [F. R. Doc. 56-5278; Piled, July 3, 1956; Calif, VOR, westbound only; MEA 4,500. Section 610.6154 VOR Civil Airway 154 8:45 a. m.] Section 610.6068 VOR Civil Airway 68 is amended to read in part: is amended to read in part: Prom Columbus, Ga, VOR; to * Hamilton TITLE 29— LABOR INT, Ga.; MEA 1,800. *2,400— MRA. Prom Corpus Christi, Tex, VOR; to Kings From Hamilton INT, Ga.; to * Junction City ville INT, Tex.; MEA 1,700. INT, Ga.; MEA **3,000. *3,000— MRA. Chapter V— Wage and Hour Division, Prom Kingsville INT, Tex.; to Brownsville, **2,400—MOCA. Department of Labor Tex, VOR; MEA 1,400. Prom Junction City INT, Ga.; to Macon, Section 610.6077 VOR Civil Airway 77 G a , VOR; MEA *3,000. *2,400— MOCA. P art 778— O v e r t im e C ompensation is amended to read in part: Section 610.6174 VOR Civil Airway 174 MISCELLANEOUS AMENDMENTS Prom San Angelo, Tex, VOR; to Abilene, is amended by adding: Tex., VOR; MEA 3,800. Pursuant to authority under the Pair Prom Scotland, Ind, VOR; to ‘Mitchell Labor Standards Act of 1938 (52 Stat. Section 610.6095 VOR Civil Airway 95 INT, Ind.; MEA 2,000. *3,000— MRA. 1660, as amended; 29 U. S. C. 201 et seq.), is amended to read in part: Section 610.6185 VOR Civil Airway 185 and General Order No. 45-A (15 P. R. From »Phoenix, Ariz, VOR; to Verde River is amended to delete: 3290), Part 778, Subchapter B, Title 29, INT, Ariz, northbound, MEA,11,000; south From Scotland, Ind, VOR; to ‘Mitchell Code of Federal Regulations, is amended bound, M PA 7,500. *7,000— MCA Phoenix INT, Ind.; MEA 2,000. Via E alter.; MEA as follows: VOR, northeastbound. 8,000. *3,000— MRA. 1. Section 778.0 (a ), 20th line, delete From Verde River INT, Ariz.; to Winslow, the word “ new'*. Ariz, VOR; MEA 11,000. Section 610.6185 VOR Civil Airway 185 2. Footnote 1 to § 778.0 (a) is amended Section 610.6097 VOR Civil Airway 97 is amended by adding: to read: is amended to read in part: Prom Asheville, N. C , VOR via E alter.; to *29 TJ. S. C. 201-219, 251-262. Ottway INT, Term, via E alter.; MEA 8,000. Prom Albany, G a , VOR; to ‘ Junction City, 3. Footnote 2 to § 778.0 (a) is amended INT, Ga.; MEA **3,500, *3,000— MRA. Section 610.6194 FOR Civil Airway 194 **1,600— MOCA. is amended to read in part: to read: Prom Junction City INT, Ga.; to Concord *29 U. S. C. 201-208, 211-217. INT, Ga.; MEA *2,800. *2,200— MOCA. Prom Rocky Mount, N. C , VOR; to Cofield, Prom Concord INT, Ga.; to Atlanta, Ga., N . C , VOR; MEA *1,400. *1,200— MOCA. 4. Footnote 4 to § 778.0 (a) is amended From Cofield, N. C , VOR; to Norfolk, V a , VOR; MEA *2,500. *2,000— MOCA. to read: Prom Norcross, G a , :VOR via E alter.; to ILS Loc.; MEA 1,500. Silver City INT, G a , via E alter.; MEA 3,000. Section 610.6208 VOR Civil Airway 208 * 29 U. S. C. 251-262. Prom Silver City INT, Ga, via E alter.; to is amended by adding; Harris INT, N. C , via E alter.; MEA 6,800. 5. Footnote 6 to § 778.0 (c) is amended Prom Harris INT, N. C , via E alter.; to From ‘Oceanside, Calif, VOR; to Mesa to read: •Rasar INT, Tenn, via E alter.; MEA 7,600. Grande INT, Calif, eastbound, MEA 9,000; « Section 16 (c) of the Fair Labor Standards *7,000—MCA Rasar INT, southbound. westbound, MEA 7,000. *5,000—MCA Ocean- Amendments of 1949 (set out as note under side VOR, eastbound. Prom Cross City, Fla., VOR via E alter.; to 29 U. S. C. 208) provides: Tallahassee, Fla.» VOR via E alter.; MEA 1,500. From Mesa Grande INT, Calif.; to ‘Ther Any order, regulation, or interpretation of From Lake Forest INT, HI.; to Fox Lake mal, Calif.; VO R; MEA 11,000. *11,000— the Administrator of the Wage and Hour INT, 111.; MEA *3,600. *2,100— MOCA. MCA Thermal VOR, southwestbound. Division or of the Secretary of Labor, and Section 610.6105 VO& Civil Airway 105 any agreement entered into by the Adminis Section 616.6240 VOR Civil Airway 240 trate»: or the Secretary, in effect under the is amended to delete: is amended to read: provisions of the Fair Labor Standards Act Prom Phoenix, Ariz, VOR; to Knob INT, From *Dog INT, La.; to Mobile, Ala, VOR; of 1938, as amended, on the effective date of Ariz, northbound, MEA 8,000; southbound, MEA “ 1,500. *3,900— MRA. “ 1,400— t.bt« act, shall remain in effect as an order, MEA 6,500. MOCA. regulation, interpretation, or agreement of From Knob INT, Ariz.; to Ranch INT, Ariz.; the Administrator or the Secretary, as the MEA 8,000. Section 616.6241 VOR Civil Airway 241 case may be, pursuant to this act, except to Prom Ranch INT, Ariz.; to Prescott, Ariz., is added to read: the extent that any such order, regulation, VOR; MEA 9,000. interpretation, or agreement may be Incon From La Grange INT, N. C4 to Cofield, sistent with the provisions of this act, or may Section 610.6105 VOR Civil Airway 105 N. C , VOR; MEA *3,000. *1,400— MOCA. from time to time be amended, modified, or is amended by adding: Section 616.6242 rescinded by the Administrator or the Sec VOR Civil Airway 242 retary, as the case may be, In accordance with Prom Phoenix, Ariz, VOR; to Prescott, is amended to read: the provisions of this act. Ariz., VOR; MEA 10,000. Prom Phoenix, Ariz, VOR via E alter; to From Mobile, Ala, VOR; to Bon Secour 6. In footnote 12 to § 778.3 (a) de Knob INT, Ariz, via E alter., northbound, INT, Ala.; MEA 1,600. lete the number and word “ 75 .cents” MEA 8,000; southbound, MEA 6,500. and Insert in place thereof the symbol From Knob INT, Ariz, via E alter.; to Ranch Section 616.6243 VOR Civil Airway 243 INT, Ariz, via E alter.; MEA 8,000. is added to read: and number “ $1.00/* 4950 RULES AND REGULATIONS

7. Section 778.3 (b) (1) is amended to short of the amount that would be earned 10. Section 778.3 (b) (5) is amended read: for the total hours at the guaranteed to read: ( 1 ) Hourly rate employee. If the em rate, the employee is paid the difference. (5) Salaried employees; irregular In such weeks the employee is in fact ployee is employed solely on the basis of hours. I f an employee earns $66 per paid at an hourly rate and the minimum a single hourly rate, the hourly rate is week with the understanding that the his “ regular rate." For his overtime hourly guaranty which he was paid is salary is to cover all hours worked and work he must be paid, in addition to his his regular rate in that week. In the if his hours of work fluctuate from week straight-time hourly earnings, a sum example just given, if the employee was to week, his regular rate of pay will vary determined by multiplying one-half the guaranteed $1.50 an hour for productive from week to week and will be the aver hourly rate by the number of hours working time, he would be paid $69 age hourly rate each week. Suppose worked in excess of 40 in the week. (46 X $1.50) for the 46 hours of produc that during the course of four weeks the $66 Thus, a $1.40 hourly rate will bring, for tive work (instead of the earned at employee works 40, 44, 50, and 47 hours. an employee who works 46 hours, a total piece rates). In a week in which no His regular hourly rate of pay in each waiting time was involved, he would be weekly wage of $68.60 (46 hours at $1.40 of these weeks is approximately $1.65, plus 6 hours at 70 cents). In other owed an additional 75 cents (half-time) $1.50, $1.32, and $1.40, respectively. for each of the 6 overtime hours worked, words, the employee is entitled to be paid Since the employee has already received to bring his total compensation up to an amount equal to $1.40 an hour for 40 straight-time compensation on a salary $73.50 (46 hours at $1.50 plus 6 hours at hours and $2.10 an hour for the 6 hours basis for all hours worked, only addi 75 cents or 40 hours at $1.50 plus 6 hours of overtime, or a total of $68.60. tional half-time pay is due. For the first If, in addition to the earnings at the at $2.25). I f he is paid at a different rate for waiting time, his regular rate is the week the employee is entitled to be paid hourly rate, a production bonus of $4.60 $66; for the second week $69 ($66 plus is paid, the regular hourly rate of pay weighted average of the two hourly rates.18 4 hours at 75 cents) or (40 hours at is $1.50 an hour (46 hours at $1.40 yields $1.50 plus 4 hours at $2.25); for the third $64.40; the addition of the $4.60 bonus 9. Section 778.3 (b) (4) is amendedweek $72.60 ($66 plus 10 hours at 66 makes a total of $69; this total divided to read: cents) or (40 hours at $1.32 plus 10 hours by 46 hours yields a rate of $1.50). The (4) Salaried employees—general. I f at $1.98); for the fourth week approxi employee is then entitled to be paid a mately $70.90 ($66 plus 7 hours at IP total wage of $73.50 for 46 hours (46 the employee is employed solely on a weekly salary basis, his regular hourly cents) or (40 hours at $1.40 plus 7 hours hours at $1.50 plus 6 hours at 75 .cents, at $2.10). or 40 hours at $1.50 plus 6 hours at rate of pay, on which time and a half $2.25). must be paid, is computed by dividing 11. In § 778.3 (c) delete the num the salary by the number of hours which ber and word “ 75 cents” and insert in 8. Section 778.3(b) (2) is amended to the salary is intended to compensate. I f place thereof the symbol and number read: an employee is hired at a salary of $56 “ $ 1.00”. (2) Pieceworker. When an employee and if it is understood that this salary is 12. Section 778.5 (b ), delete the second is employed on a piece-rate basis, his compensation for a regular workweek of paragraph which begins with word regular hourly rate of pay is computed 35 hours, the employee’s regular rate of “Thus”, and ends with the word “act”, by adding together his total weekly pay is $56 divided by 35 hours, or $1.60 and insert in place thereof the following: and hour, and when he works overtime earnings from piece rates and all other Thus, if an employee is hired at the he is entitled to receive $1.60 for each of sources (such as production bonuses) rate of $1.20 an hour and receives, as the first 40 hours and $2.40 (one and one- and any sums paid for waiting time or overtime compensation under his con half times $1.00) for each hour there other hours worked (except .statutory tract, $1.60 per hour for each hour actu exclusions). This sum is then divided after. I f an employee is hired at a salary ally worked in excess of 8 per day, his of $56 for a 40-hour week, his regular by the number of hours worked in the employer may credit the total of the extra week for which such compensation was rate is $1.40 an hour. I f his salary is $56 40-cent payments thus made for daily for a 50-hour week, his regular rate is paid, to yield the pieceworker’s “regular overtime hours against the overtime $1.12 per hour. Where the salary covers rate” for that week. For his overtime compensation which is due under the work the pieceworker is entitled to be a period longer than a workweek, such statute for hours in excess of 40 in that paid, in addition to his total weekly as a month, it must be reduced to its workweek. I f the same contract further workweek equivalent. A monthly salary earnings, a sum equivalent to one-half provided for the payment of $2 for hours is subject to translation to its equivalent this regular rate of pay multiplied by in excess of 12 per day, the extra 80-cent weekly wage by multiplying by 12 (the the number of hours worked in excess payments could likewise be credited to of 40 in the week.14 Only additional number of months) and dividing by 52 (the number of weeks). A semimonthly ward overtime compensation due under half-time pay is required in such cases the act. Similarly, where the employee’s since the employee has already received salary is translated into its equivalent normal or regular daily or weekly work weekly wage by multiplying by 24 and straight-time compensation at piece ing hours are greater or less than 8 hours dividing by 52. Once the weekly wage is rates for all hours worked. Thus, if the and 40 hours respectively and his con arrived at, the regular hourly rate of pay employee has earned $66 at piece rates tract provides for the payment of pre will be calculated as indicated above.“ for 46 hours of productive work and in mium rates for work in excess of such Under regulations of the Administrator, addition has been compensated at $1. normal or regular hours of work for the pursuant to the authority given to him an hour for 4 hours of waiting time, his day or week (such as 7 in a day or 35 in total compensation—$70—must be di in section 7 ( f ) (3) of the act, the parties a week) the extra compensation provided vided by his total hours of work—50— may provide that the regular rate shall by such premium rates, paid for excessive to arrive at his regular hourly rate of be determined by dividing the monthly hours, is a true overtime premium to be pay— $1.40. For the 10 hours of over salary by the number of working days in excluded from the regular rate and it may time the employee is entitled to addi the month and then by the number of be credited towards overtime compensa tional compensation of $7 (10 hours at hours of the normal or regular workday. tion due under the act.80 70 cents). For the week’s work he is O f course, the resultant rate in such a thus entitled to a total of $77 (which is case must not be less than the statutory ®° To qualify as overtime premiums under equivalent to 40 hours at $1.40 plus 10 section 7 (d) (5), the daily overtime premium minimum of $1 per hour. payments must be made for hours in excess overtime hours at $2.10). of 8 hours per day or the employee’s normal In some cases an employee is hired on 18 See § 778.3 (c ). or regular working hours. If the normal a piece-rate basis coupled with a mini 16 The regular rate of an employee who is workday is artificially divided into a “straight mum hourly guaranty. Where the total paid a regular monthly salary of $173.34, or a time” period to which one rate is assigned, regular semimonthly salary of $86.67 for 40 followed by a so-called “overtime” period piece-rate earnings for the week fall hours a week, is thus found to be $1.00 per for which a higher “rate” is specified, the hour. The Administrator has announced arrangement will be regarded as a device to 14 For an alternative method of complying that, as an enforcement policy, he will con contravene the statutory purposes and the with the overtime requirements of the act sider that payment of such regular monthly premiums will be considered part of the regu as far as pieceworkers are concerned, see or semimonthly salary is in accordance with lar rate. For a fuller discussion of this prob § 778.19 (b ). the minimum wage requirements of the Act. lem, see § 778.22. % Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4951

13. Section 778.5 (e) (1) is amended to handling dangerous or obnoxious cargo, holiday pay. The typical situation is one read: recognition of skill differentials, or simi in which an employee is entitled by con lar reasons, so as to be $2 an hour dur tract to 8 hours’ pay at his rate of $1.30 (1) Premiums for weekend and holi ing the hours established as the basic an hour for certain named holidays when day work. The application of section 7 or normal or regular workday or work no work is performed. If, however, he (d) (6) may be illustrated by the follow week, and a premium rate of $3 an hour is required to work on such days, he does ing example: Suppose an agreement of is paid for the same work performed not receive his idle holiday pay. Instead employment calls for the payment of during other hours of the day or week, he receives a premium rate of $1.95 (time $1.65 an hour for all hours worked on a the extra $1 may be excluded from and one-half) for each hour worked on holiday or on Sunday in the operation the regular rate of pay and may be cred the holiday. I f he worked 9 hours on of machines whose operators are paid a ited toward overtime pay due under the the holiday and a total of 50 hours for bona fide hourly rate of $1.10 for like act. Similar principles are applicable the week, he would be owed, under his work performed during nonovertime where agreements following this general contract, $17.55 (9 X $1.95) for the holi hours on other days. Suppose further pattern exist in other industries. day work and $53.30 for the other 41 that the workweek of such an employee hours worked in the week, a total of begins at 12:01 a. m. Sunday, and in a 15. Section 778.7 (d) (1) is amended to read: $70.85. Under the statute (which does particular week he works a schedule of not require premium pay for a holiday) 8 hours on Sunday and on each day from ( 1 ) An employee whose rate of pay is he is owed $71.50 for a workweek of 50 Monday through Saturday, making a $L30 an hour and who usually works a 6- hours at a rate of $1.30 an hour. Since total of 56 hours worked in the workweek. day 48-hour week is entitled, under his the holiday premium qualifies as an over Tuesday is a holiday. The payment of employment contract, to a week’s paid time premium under section 7 (d) (6)31 $70.40 to which the employee is entitled vacation in the amount of his usual the employer may credit it toward statu under the employment agreement will straight-time earnings— $62.40. He fore tory overtime compensation due and need satisfy the requirements of the act since goes his vacation and works 50 hours in pay the employee only the additional the employer may properly exclude from the week in question. He is owed $65 sum of 65 cents to meet the statutory the regular rate the extra $4.40 paid for as his total straight-time earnings for requirements. work on Sunday and the extra $4.40 the week, and $62.40 in addition as his I f all other conditions remained the paid for holiday work and credit himself vacation pay. Under the statute he is same but the contract called for the pay with such amount against the statutory owed an additional $6.50 as overtime ment of $2.60 (double time) for each overtime premium required to be paid premium (additional half-time) for the hour worked on the holiday, the em for the 16 hours worked over 40. 10 hours in excess of 40. His rate of $1.30 ployee would receive, under his contract, 14. Section 778.5 (e) (2) is amended per hour has not been increased by vir $23.40 (9X $2.60) for the holiday work in to read: tue of the payment of $62.40 vacation addition to $53.30 for the other 41 hours pay, but no part of the $62.40 may be worked, a total of $76.70. Since this (2) Premiums for work outside basic offset against the statutory overtime holiday premium is an overtime premium workday or workweek. The effect of sec compensation which is due. (Nothing in under section 7 (d) (6), the employer tion 7 (d) (7) where “clock pattern” this example is intended to imply that may credit it toward statutory overtime premiums are paid may be illustrated the employee has a statutory right to compensation due. Since the total paid by reference to provisions typical of the $62.40 or any other sum as vacation pay.30 exceeds the statutory requirements, no applicable collective-bargaining agree-? This is a matter of private contract be additional compensation is due under the ments traditionally in effect between tween the parties who may agree that act. In distinguishing this situation employers and employees in the long vacation pay will be measured by from that in example (2) above, it should shore and stevedoring industries. These straight-time earnings for any agreed be noted that the contract provisions in agreements specify straight-time rates number of hours or days, or by total the two situations are different and re applicable during the hours established normal or expected t&ke-home pay for sult in the payment of different amounts. in good faith under the agreement as the period or that no vacation pay at all In example (2) the employee received a the basic, normal, or regular workday will be paid. ^ The example merely il total of $22.10 attributable to the holiday and workweek. Under one such agree lustrates the proper method of com (8 hours’ idle holiday pay at $1.30 an ment, for example, such workday and puting overtime for an employee whose hour and $11.70 pay for 9 hours’ work workweek are established as the first employment contract provides $62.40 on the holiday). In the situation dis six hours of work, exclusive of mealtime, vacation pay.) cussed in this paragraph the employee each day, Monday through Friday, be received $23.40 pay for the holiday— tween the hburs of 8 a. m. and 5 p. m. 16. Section 778.7 (d) (2) is amended double time for 9 hours of work. Thus, Under another typical agreement, such to read: clearly, all of the pay in this situation is workday and workweek are established (2) An employee, who is entitled, paid for and directly related to the num as the hours between 8 a. m. and 12 under his employment contract, to 8 ber of hours worked on the holiday. noon and between 1 p. m. and 5 p. m., hours'pay at his rate of $1.30 an hour for Monday through Friday. Work outside 17. Section 778.7 (e) is amended to the Christmas holiday, foregoes his holi read: such workday and workweek is paid for day and works 9 hours on that day. '»Dur at premium rates not less than one and ing the entire week he works a total of (e) “Show-up” and “call-back” pay. one-half times the bona fide straight- 50 hours. ' He is paid, under his contract, Under some employment agreements, an time rates applicable to like work when $65 as straight-time compensation for employee may be paid a minimum of a performed during the basic, normal, or 50 hours plus $10.40 as idle holiday pay. specified number of hours’ pay at the regular workday or workweek. The extra He is owed, under the statute, an addi applicable straight-time or overtime compensation provided by such premium tional $6.50 as overtime premium (ad rate on infrequent and sporadic oc rates will be excluded in computing the ditional half-time) for the 10 hours in casions when, after reporting to work regular rate at which the employees so excess of 40. His rate of $1.30 per hour at his scheduled starting time on a regu paid are employed and may be credited has not been increased by virtue , of the lar workday or on another day on which toward overtime compensation due under holiday pay but no part of the $10.40 he has been scheduled to work, he is not the Fair Labor Standards Act. For ex holiday pay may be credited toward provided with the expected amount of ample, if an employee is paid $1.40 an statutory overtime compensation due. work. The amounts that may be paid hour under such an agreement for han The latter example should be dis under such an agreement over and above dling general cargo during the basic, tinguished from a situation in which an what the employee would receive if paid normal, or regular workday and $2.10 employee is entitled to idle holiday pay at his customary rate only for the num Per hour for like work outside of such only when h«tjs actually idle on the holi ber of hours worked are paid to com workday, the extra 70 cents will be ex day, and who, if he foregoes his holiday pensate the employee for the time wasted cluded from the regular rate and may also; under his contract, foregoes his idle by him in reporting for work and to pre be credited to overtime pay due under vent undue loss of pay resulting from the act. Similarly, if the straight-time *® On the requirements of the act, see Part the employer’s failure to provide ex- rate established in good faith by the 777 as to minimum wage; §778.2 (b) of this contract should be higher because of chapter as to overtime pay. 41 See § 778.5 (c ). No. 129—— 2 4952 RULES AND REGULATIONS pected work during regular hours. On© tion at time and one-half for all hours of $56 now covers 35 hours of work and of the primary purposes of such an ar worked in excess of 8 in any day or 40 no more, the employee would be owed rangement is to discourage employers in any workweek. Assume that an em $1.60 per hour under his employment from calling their men in to work for ployee covered by this agreement and contract for each hour worked between only attraction of a day when they might paid at the rate of $1.30 an hour works 35 and 40. He would be owed time and get full-time work elsewhere. Pay ar 1 hour overtime or a total of 9 hours on one-half of $1.60 ($2.40) per hour, under rangements of this kind are commonly Monday, and works 8 hours each on the statute, for each hour worked in referred to as “show-up” or “reporting” Tuesday through Friday, inclusive. excess of 40 in the workweek. In weeks pay. Under the principles and subject After he has gone home on Friday eve in which no overtime is worked only the to the conditions set forth in §§ 778.3 to ning he is called back to perform an provisions of section 6 of the act,, requir 778.5, that portion of such payment emergency job. His hours worked on the ing the payment of not less than $1.00 which represents compensation at the call total 2 hours and he receives 3 hours’ per hour, apply, so that the employee’s applicable rates for the straight-time pay at time and one-half, or $5.85, under right to. receive $1.60 per hour is enforce or overtime hours actually worked, if the call-back provision, in addition to able only under his contract. However, any, during such period may be credited $52 for working his regular schedule and in overtime weeks the Administrator has as straight-time or overtime compensa $1.95 for the overtime worked on Mon the duty to insure the payment of time tion, as the case may be, in computing day evening. and one-half the employee’s regular rate overtime compensation due under the In computing overtime compensation of pay for hours in excess of 40 and over act. The amount by which the speci due this employee under the act, the 43 time cannot be said to have been paid fied number of hours’ pay exceeds such actual hours (not 44) are counted as until all straight-time compensation due compensation for the hours actually working time during the week. In addi the employee under the statute or his worked is considered as a payment that tion to $55.90 pay at the $1.30 rate for employment contract has been paid. is not made for hours worked. As such, all these hours, he has received under Thus if the employee works 41 hours in it may be excluded from the computa the agreement a premium of 65 cents a particular week, he is owed his salary tion of the employee’s regular rate and for the one overtime hour on Monday for 35 hours— $56, 5 hours pay at $1.60 cannot be credited toward statutory and of $1.30 for the 2 hours of overtime per hour for the 5 hours between 35 and overtime compensation due him. work on the call, plus an extra sum of 40—$8, and one hour’s pay at $2.40 for To illustrate, assume that an employee $1.95 paid by reason of the provision for the one hour in excess of 40— $2.40, or whose workweek begins on Monday and minimum call-back pay. For purposes a total of $66.40 for the week. who is paid $1.30 an hour reports for of the act, the extra premiums paid for 20. Section 778.9 (c) is amended to work on Monday according to schedule actual hours of overtime work on Mon read: and is sent home after being given only day and on the Friday call (a total of 2 hours of work. He then works 8 hours $1.95) may be excluded as true overtime (c) Effect if salary is for variable each day on Tuesday through Saturday, premiums in computing his regular rate workweek. The.discussion in the prior inclusive, making a total of 42 hours for for the week and may be credited to paragraph sets forth one result of re the week. The employment agreement ward compensation due under the act, ducing the workweek from 40 to 35 hours. covering the employees in the plant, who but the extra $1.95 received under the It is not either the necessary result or normally work 8 hours a day, Monday call-back provision is not regarded as the only possible result. As in all cases through Friday, provides that an em paid for hours worked; therefore, it may of employees hired on a salary basis, the ployee reporting for scheduled work be excluded from the regular rate, but regular rate depends in part on the on any day will receive a minimum of it cannot be credited toward overtime agreement of the parties as to what the 4 hours’ work or pay.' The employee compensation due under the act. The salary is intended to compensate. In thus receives not only the $2.60 earned regular rate of the employee, therefore, reducing the workweek to 35 hours the in the 2 hours of work on Monday but remains $1.30, and he has received an parties may agree to change the basis an extra 2 hours’ “show-up” pay, or overtime premium of 65 cents an hour of the employment arrangement by pro $2.60 by reason of this agreement. How for 3 overtime hours of work. This sat viding that the salary which formerly ever, since this $2.60 in “show-up” pay is isfies the requirements of section 7 of covered a fixed workweek of 40 hours not regarded as compensation for hours the act. The same would be true, of now covers a variable workweek up to worked, the employee’s regular rate re course, if, in the foregoing example, the 40 hours. I f this is the new agreement, mains $1.30 and the overtime require employee was called back outside his the employee receives $56 for workweeks ments of the Act are satisfied if he re scheduled hours for the 2-hour emer of varying lengths, such as 35, 36, 38, ceives, in addition to the $54.60 straight- gency job on another night of the week or 40 hours. His rate thus varies from time pay for 42 hours and the $2.60 or on Saturday or Sunday, instead of veek to week, but in weeks of 40 hours “ show-up” payment, the sum of $1.30 on Friday night. or over, it is $1.40 per hour (since the as extra compensation for the 2 hours agreement of the parties is that the sal 18. Footnote 32 to § 778.7 (f) is ary covers up to 40 hours and no more) of overtime work on Saturday. amended to read: In the interest of simplicity and uni and his overtime rate, for hours in ex formity, these principles will be applied “ See Part 785 (Interpretative Bulletin on cess of 40, thus remains $2.10 per hour. also with respect to typical minimum “hours Worked”). For a discussion of travel Such a salary arrangement presumably time in particular and preliminary and post- contemplates that the salary will be paid “ call-back” or “call-out” payments made liminary activities in general as working pursuant to employment agreements. time see Part 790 (statement on effect of in full for any workweek of 40 hours Typically, such minimum payments con Portal-to-Portal Act of 1947). or less. The employee would thus be sist of a specified number of hours’ pay entitled to his full salary if he worked at the applicable straight-time or over 19. Section 778.9 (b) is amended to only 25 or 30 hours. No deductions for time rates which an' employee receives read: hours not worked in short workweeks on infrequent and sporadic occasions (by Effect on salary for fixed work yrould be made.33 when, after his scheduled hours of work week. I f an employee was hired at a 21. Section 778.9 (e) is amended to have ended and without prearrange salary of $56 for a fixed workweek of read: ment, he responds to a call from his 40 hours, his regular rate at the time of employer to perform extra work. hiring was $1.40 per hour. I f his work (e) Effect on salary covering more The application of these principles to week is later reduced to a fixed workweek than 40 hours’ pay. The same reasoning call-back payments may be illustrated as of 35 hours while his salary remains the applies to salary covering straight-time follows: An employment agreement pro same, it is the fact that it now takes pay for a longer workweek. I f an em vides a minimum of 3 hours’ pay at him only 35 hours to earn $56, so that ployee was hired at a fixed salary of $77 time and one-half for any employee he earns his salary at the average rat© for 55 hours of work, he was entitled to called back to work outside his sched of $1.60 per hour. His regular rate thus statutory overtime for the 15 hours in uled hours. The employees covered by becomes $1.60 per hour; it is no longer excess of 40 at the rate of 70 cents per the agreement normally work 8 hours $1.40 an hour. Overtime pay is due hour (half-time) in addition to his sal- each day, Monday through Friday, in under the act only for hours worked in clusive, in a workweek beginning on Mon excess of 40, not 35„ but if the under **For a discussion of the effect of deduc day, and are paid overtime compensa- standing o f the parties is that the salary tions on the regular rate, see § 778.12. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4953 ary. If the workweek is later reduced ployer might adopt a series of different Labor Standards Act will not alter any to 50 hours, with the understanding be rates for the same work, varying in obligation the employer may have under tween the parties that the salary covers versely with the number of overtime his employment contract to pay a all hours up to 55, his regular rate in any hours worked in such a way that the greater amount of overtime compensa week of 55 hours or less is determined employee would bam no more than his tion for the period in question. by dividing the salary by the number straight-time rate no matter how many 24. Section 778.12, paragraph begin of hours worked to earn it in that-par hours he worked. I f he set the rate at ning with the words “ the reductions” ticular week, and additional half-time, at $1.40 per hour for all workweeks in which and ending with the word “ altered” is that rate, is due for each hour in excess the employee worked 40 hours or less, amended to read: of 40. In weeks of 55 hours or more, his approximately $1.38 per hour for work regular rate is $1.40 per hour. I f the weeks of 41 hours, approximately $1.37 The reductions in pay described in understanding of the parties is that the for workweeks of 42 hours, approxi category (4) are not, properly speaking, salary now covers a flxM workweek of mately $1.27 for workweeks of 50 hours, “ deductions” at all. I f an employee is 50 hours, his regular rate is $1.54 per and so on, the employee would always compensated at a fixed salary for a fixed hour in all weeks. This assumes that receive (for straight time and overtime workweek and if this salary is reduced when an employee works less than 50 at these “rates” ) $1.40 an hour regard by the amount of the average hourly hours in a particular week, deductions less of the number of overtime hours earnings for each hour lost by the em are made at the rate of $1.54 per hour worked. This is an obvious bookkeeping ployee in a short workweek, the employee is, for all practical purposes, employed for the hours not worked. device designed to avoid the payment of at ah hourly rate of pay. This hourly The reasoning does not, of course, ap overtime compensation and is not in ac cord with the law. The regular rate of rate is the quotient of the fixed salary ply to a situation in which the former divided by the fixed number of hours it earnings at both straight-time and over pay of this employee for overtime pur poses is, obviously, the rate he earns in is intended to compensate. I f an em time are paid to the employee for the ployee is hired at a fixed salary of $56 reduced workweek. Suppose an em the normal non-overtime week—in this case, $1.40 per hour. for a 40-hour week, his hourly rate is ployee was hired at an hourly rate of $1.40. When he works only 36 hours he $1.40'an hour and regularly worked 50 The situation is different in degree but not in principle where employees who is therefore entitled to $50.40. The em hours, earning $77 as his total straight- ployer makes a “deduction” of $5.60 from time and overtime compensation, and have been hired at a bona fide $1.60 rate usually working 50 hours and taking his salary to achieve this result. The the parties now agree to reduce the rate is not altered. workweek to 45 hours without any re home $88 as total straight-time and duction in take-home pay. The parties overtime pay for the week are, during 25. Section 778.12, last paragraph be in such a situation may agree to an in occasional weeks, cut back to 42 hours. ginning with the words “ Where deduc crease in the hourly rate from $1.40 per I f the employer raises their rate to $2 for tions,” 3d from last line, delete the num hour to $1.62 so that for a workweek of such weeks so that their total compensa ber and symbol “ 75(i” and insert in place 45 hours (the reduced schedule) the tion is $86 for a 42-hour week the ques thereof the symbol and number “ $1.00”. employee’s straight-time and overtime tion may properly be asked, when they 26. Footnote 39 to § 778.13 (b) is earnings will be $77. The parties can return to the 50-hour week, the $1.60 amended to read: not, however, agree that the employee is rate and the gross pay of $88,# whether 89 The time spent by the employee in com to receive exactly $77 as total compensa the $1.60 rate is really their regular rate. peting for such a prize (whether successfully tion (including overtime pay) for a Are they putting in 8 additional hours of or not) is working time and must be counted workweek varying, for example, up to work for that extra $2 or is their “reg as such in determining overtime compensa 50 hours, unless he does so pursuant to ular” rate really now $2 an hour since tion due under the act. contracts specifically permitted in sec this is what they earn in the short work 27. Section 778.14 is amended to read: tion 7 (e) of the act, as discussed in week? It seems clear that where differ § 778.18. An employer cannot otherwise ent rates are paid from week to week for § 778.14 Lump sum attributed to over discharge his statutory obligation to pay the same work and where the difference time. Section 7 of the act requires the overtime compensation to an employee is justified by no factor other than the payment of overtime compensation for who does not work the same fixed hours number of horns worked by the indi hours worked in excess of 40 at a rate each week by paying a fixed amount pur vidual employee— the longer he works not less than one and one-half times the porting to cover both, straight-time and the lower the rate— the device is evasive regular rate. The overtime rate is a overtime compensation for an “agreed” and the rate actually paid in the shorter Tate per hour. number of hours. To permit such a or non-overtime week is his regular rate Where employees are paid on some practice without proper statutory safe for overtime purposes in all weeks. basis other than an hourly rate, the reg ular hourly rate is derived by dividing guards would result in sanctioning the 23. Section 778.10, computation num the total compensation (except statu circumvention of the provisions of the ber (3), is amended to read: act which require that an employee who tory exclusions) by the total hours of works more than 40 hours in any work (3) Suppose that, in the example work for which the payment is made. week be compensated, in accordance with given, the employee worked 5 hours on To qualify as an overtime premium un express Congressional intent, at time Sunday, March 11, 1956. His workweek der section 7 (d) (5), (6) or (7), how and one-half his regular rate of pay for commenced at 7 a. m. on Monday, March ever, the extra compensation must be the burden of working long hours. In 5th, and he worked 40 hours March 5th paid pursuant to a premium rate which arrangements of this type, no additional through 10th so that for that week he is a rate per hour.40 To qualify under financial pressure would fall upon the would be owed straight-time and over section 7 (d) (5) this rate must be employer and no additional compensa time compensation for 45 hours. The greater than the regular rate, either a tion would be due to the employee under proposal is to commence the workweek fixed amount per hour or a multiple of the rate, such as time and one-third. such a plan until the workweek exceeded at 7 a. m. on March 11th. In the week from Sunday, March 11, through Satur To qualify under section 7 (d) (6) or (7) 50 hours. day, March 17, the employee worked a the rate may not be less than time and 22. Section 778.9 (f) is amended tototal of 40 hours, including the 5 hours one-half the bona fide rate established read: worked on Sunday. It is obvious that in good faith for like work performed the allocation of the Sunday hours to during nonovertime hours. It may not (f) Temporary or sporadic reduction the old workweek will result in higher be less than time and one-half but it in schedule. The problem pf reduction total compensation to the employee for may be more. It may be a standard in the workweek is somewhat different the 13-day period. He should, there multiple greater than one and one-half where a temporary reduction is involved. fore, be paid (if his rate” were $1.40 an (for example, double tim e); or it may be Reductions for the period of a dead or hour) $66.50 for the period from March a fixed sum of money per hour which is, slow season follow the rules, announced 5th through March 11th, and $49 for above. However, reduction on a more the period from March 12th through 40 Sections 7 (é) aiid 7 (f) of the act pro temporary or sporadic basis presents a March 17th. vide for special exceptions from this rule. different problem. It is obvious that as The fact that this method of compen These are discussed in §§773.18, 778.19, and a matter of simple arithmetic an em- sation is permissible under the Fair 778.20. 4954 RULES AND REGULATIONS

as an arithmetical fact, at least time and hour for work during hours outside the hours worked after the completion of one-half the regular rate (for example, basic workday or workweek. It further the task. if the regular rate is $2 per hour, the provides that employees doing a special Suppose an employee works the follow overtime rate may not be less than $3 task outside the basic workday or work ing hours in a particular week: but it may be set at a higher arbitrary week-shall receive 6 hours’ pay at the figure such as $3.20 per hour). rate of $2.25 per hour (a total payment MT WTF SS Where an employee works a regular of $13.50) regardless of the time actually fixed number of hours each week, it is, consumed in performance. Hours spent on of course, proper to pay him a fixed sum, Suppose an employee works the fol task______6 7 9 8H 6 0 for his overtime work, determined by lowing schedule. (The hours marked by Day’s pay under contract...... $12 $12 $12 $12 $12 $18 0 multiplying his overtime rate by the an asterisk were spent in the perform Additional hours. 2 2 number of overtime hours, regularly ance of the special work.) Additional pay worked. However, a premium in the under contract. $4.50 .... $4.50 $2.25 $2.25 form of a lump sum which is paid for M TW T F s S work performed during overtime hours The employee has actually worked a without regard to the number of over Hours within total of 48 hours and has received a total time hours worked does not qualify as basic workday. S 8 7 8 8 0 0 of $91.50 for the week. The only sums an overtime premium even though the Pay under con which can be excluded from this total tract...... $12 $12 $10.50 $12 $12 0 0 amount of money may be equal to or Hours outside before the regular rate is determined are greater than the sum owed on a per- basic workday. 2 *2 1 0 0 4 0 the extra 75-cent payments for the extra Pay under con hour basis. For example, an agreement tract______... $4.50 $13.50 $2.25 0 0 $9 0 hour on Thursday and Friday made be that provides for the payment of a flat cause of work actually in excess of 8 sum of $20 to employees who work on hours. The other premium rates were Sunday does not provide a premium To determine the regular rate, the paid either without regard to whether which will qualify as an overtime pre total compensation (except statutory ex or not the hours they compensated were mium, even though the employee’s clusions) must be divided by the total in excess of a bona fide daily or weekly straight-time rate is $1.30 an hour and number of hours worked. The only sums standard or without regard to the num the employee always works less than 10 to be excluded in this situation are the ber of overtime hours worked. Only the hours on Sunday. Likewise, where an extra premiums provided by a premium sum of $1.50 is excluded from the total. agreement provides for the payment for rate (a rate per hour) for work outside The remaining $90 is divided by 48 hours work on Sunday of either the flat sum the basic workday and workweek, which to determine the regular rate—$1,875 of $20 or time and one-half the em qualify for exclusion under section 7 (d) per hour. One-half this rate is due as ployee’s regular ra te ' for all hours (7) of the act.43 The $4.50 paid on Mon extra compensation for each of the 8 worked on Sunday, whichever is greater, day, the $2.25 paid on Wednesday and overtime hours— $7.50. The $1.50 paid the $20 guaranteed payment is not an the $9 paid on Saturday are paid pur for excessive hours may be credited and overtime premium. The reason for this suant to rates which qualify as premium the balance— $6.00—is owed in addition is clear. I f the rule were otherwise, an rates under section 7 (d) (7) of the act. to the $91.50 due under the contract. employer desiring to pay an employee a The total extra compensation (over the fixed salary regardless of the number of straight-time pay for these hours) pro 29. In § 778.16 delete the third para hours worked in excess of 40 in the work vided by these premium rates is $5.25. graph which begins with the words “An week could merely label as overtime pay The sum of $5.25 should be subtracted agreement not” and ends with the words a fixed portion of such salary sufficient from the total of $87.75 paid to the em “ under the Act” , and insert in place to take care of compensation for the ployee. No part of the $13.50 paid for thereof the following; maximum number of hours that would the special work performed on Tuesday An agreement not to compensate em be worked. The Congressional purpose qualifies for exclusion. The remaining ployees for certain nonovertime hours to effectuate a maximum horns standard $82.50 must thus be divided by 48 hours stands on no better footing since it would by placing a penalty upon the perform to determine the regular rate— $1.72 per have the same effect of diminishing the ance of excessive overtime work would hour. The employee is owed one-half employee’s total overtime compensation. thus be defeated. For this reason, this rate for each of 8 overtime hours An agreement, for example, to pay an where extra compensation is paid in the worked— $6.88. The extra compensation employee $1.50 an hour for the first 35 form of a lump sum for work performed in the amount of $5.25 paid pursuant to horn's, nothing for the hours between 35 in overtime hours, it must be included in premium rates which qualify as overtime and 40 and $2.25 an hour for the hours in the regular rate and may not be credited premiums may be credited toward the excess of 40 would not meet the overtime against statutory overtime compensation $6.88 owed. No part of the $13.50 pre requirements of the act. The employee due. mium may be so credited. The employer would have to be paid $7.50 for the 5 The same reasoning applies where em must pay the employee an additional hours worked between 35 and 40 before ployees are paid a fiat rate for a special $1.63 as statutory overtime pay—a total any sums ostensibly paid for overtime job performed during overtime hours, of $89.38 for the week. could be credited toward overtime com without regard to the time actually con 28. In § 778.15 delete from the para-,pensation due under the act. sumed in performance.41 The total graph beginning with the words “The amount paid must be included in the 30. Section 778.18 (d ), second para employment agreemer# establishes a graph which begins with the words “ The regular rate; no part of the amount may basic hourly rate” to the end of the sec be credited toward statutory overtime regular rate of pay”, delete the number tion, and insert in place thereof the and word “75 cents” and insert in place compensation due. following; It may be helpful to give a specific ex thereof the symbol and number “ $1.00”. ample illustrating the results of paying The employment agreement establishes 31. Section 778.18 (f), delete the fourth paragraph which begins with the an employee on the basis under discus a basic hourly rate of $1.50 per hour, provides for the payment of $2.25 per words “the amount of weekly pay” , and sion. insert in place thereof the following: An employment agreement calls for hour for overtime work (in excess of the basic workday or workweek) and defines the payment of $1.50 per hour for work The amount of weekly pay guaranteed the basic workday as 8 hours, and the during the hours established in good may not exceed compensation due at the basic workweek as 40 hours, Monday specified regular rate for 40 hours and faith as the basic workday or workweek; through Friday. It further provides that at the specified overtime rate for 20 ad it provides for the payment of $2.25 per the assembling of a machine constitutes ditional hours. Thus, if the specified a day’s work. An employee who com regular rate is $1.50 an hour the weekly 41 This situation is to be distinguished from pletes the assembling job in less than 8 guaranty cannot be greater than $105. “show-up” and “call-back” pay situations hours will be paid 8 hours' pay at the discussed in § 778.7 (e). It is also to be This does not mean that an employee distinguished from payment at time and established rate of $1.50 per hour and employed pursuant to a guaranteed pay one-half the applicable rate to pieceworkers will receive pay at the “overtime” rate for contract under this section may not work for work performed during overtime hours, more than 60 hours in any week; it as discussed in S 778.19. 48 As discussed in § 778.5 (d). means merely that pay in an amount Wednesday, July 4, 1956 FEDERAL REGISTER 4955 sufficient to compensate for a greater hourly rate of pay well in excess of the The situation is in no way bettered if number of hours cannot be covered by minimum for his work is assigned a low the employer, standing by the logic of the guaranteed pay. I f he works in ex hourly rate (often the minimum) for the his labels, proceeds to compute and pay cess of 60 hours he must be paid, for each first Hour (or the first 2 or 4 hours) of overtime compensation due on this hour worked in excess of 60, overtime each day. This rate is designated as the “ bonus” by prorating it back over the compensation as provided in the con regular rate; time arid one-half such rate hours of the workweek. Overtime com tract, in addition to the guaranteed is paid for each additional hour worked pensation has still not been properly amount. during the workday. Thus, for example, computed for this employee at his regu an employee is arbitrarily assigned an lar rate. 32. Section 778.18 (f), delete the 6th hourly rate of $1.40 per hour under a An illustration of how the plan works paragraph which begins with the words contract which provides for the payment over a three-week period may serve to “The guaranty of pay”, and insert in of so-called “ overtime” for all hours in illustrate this principle more clearly: place thereof the following: excess of 4 per day. Thus, for the normal In the first week the employee works 40 The guaranty of pay must be “based or regular 8-hour day the employee hours and receives $66.50. The books show on the rates so specified,” in the contract. would receive $5.60 for the first 4 hours he has received $40 (40 hours x $ l an hour) If the contract specified a regular rate and $8.40 for the remaining 4 hours; a as wages and $26.50 as bonus. No overtime of $1.50, and an overtime rate of $2.25 total of $14 for 8 hours. (This is exactly has been worked so no overtime compensa and guarantees pay for 50 hours, the what he would receive at the straight- tion is due. time rate of $1.75 per hour.) On the In the second week he works 50 hours and amount of the guaranty must be $82.50, receives $66.50. The books show he has re- if it is to be based on the rate so speci sixth 8-hour day the employee likewise ceiyed $40 for the first 40 hours and $15 (10 fied. A guaranty of $100 in such a situa receives $14 and the employer claims to hours X $1.50 an hour) fot the 10 hours over tion would not, obviously, be based on owe no additional overtime pay under the 40, or a total of $55 as wages, and the bal the rates specified in the contract. statute since he has already compen ance as a bonus of $11.50. Overtime compen sated the employee at “ overtime” rates sation is then computed by the employer by 33. Section 778.18 ( f ), in the 7th para for 20 hours of the workweek. dividing $11.50 by 50 hours to discover the graph which begins with the words Such a division of the normal 8-hour average hourly increase resulting from the “Moreover, a contract” , delete the sym workday into 4 straight-time hours and 4 bonus— 23 cents per hour— and half this rate is paid for the 10 overtime hours— $1.15. This bol and number “ $75” and insert in place overtime hours is purely fictitious. The thereof the symbol and number “$100”. is improper. The employee’s regular rate in employee is not paid at the rate of $1.40 this week is $1.33 per hour. He is owed 34. Section 778.18 (g ), in the 2d para an hour and the alleged overtime rate of graph which begins with the words “As $73.15, not $67.65. $2.10 per hour is not paid for overtime In the third week the employee works 55 a guide to employers” , delete the symbol, work. It is not geared either to hours hours and is paid $66.50. The books show number, and words “ $1.30 per hour” and “ in excess of the employee’s normal that the employee received $40 for the first insert in place thereof the symbol, num working hours or regular working hours” 40 hours and $22.50 (15 hours x$1.50 per ber, and words $1.50 per hour. (section 7 (d) (5 )) or for work “ outside hour) for the 15 hours over 40, or a total of 35. Section 778.18 (g ), delete the 3d $62.50, and the balance as a bonus of $4. of the hours established in good faith Overtime pay due on the “bonus’^ is found paragraph which begins with the words * * * as the basic, normal, or regular “The X company” and insert in place to be 54 cents. This is improper. The em workday” (section 7 (d) (7 )) and it can ployee’s regular rate in this week is $1.21 and thereof the following: not therefore qualify as an overtime rate. he is owed $75.58, not $67.04. The X Company hereby agrees to em The regular rate of pay of the employee ploy John Doe as a claims adjuster at a in this situation is $1.75 per hour and he Similar schemes have been devised for regular hourly rate of pay of $1.50 per is owed additional overtime compensa piece-rate employees. The method is the hour for the first 40 hours in any work tion, based on this rate, for all hours in same. An employee is assigned an arbi week and at the rate of $2.25 per hour for excess of 40. This rule was settled by the trary hourly rate (usually the minimum) all hours in excess of 40 in any workweek, Supreme Court in the case of Walling v. and it is agreed that his straight-time with a guarantee that John Doe will re Helmerich & Payne, 323 U. S. 37, and its and overtime earnings will be computed ceive, in any week in which he performs validity has been reemphasized by the on this rate but that if these earnings do any work for the company, the sum of definition of the term “regular rate” in not amount to the sum he would have $82.50 as total compensation, for all work section 7 (d) of the act as amended. earned had his earnings been computed on a piece-rate basis of “x” cents per performed up to and including 50 hours 39. Section 778.23 (a) is amended to in such workweek. piece, he will be paid the difference as a read: “ bonus”. This subterfuge does not serve 36. Section 778.19 (b ), in subpara § 778.23 (a) Artificially labeling part to conceal the fact that this employee is graph (4) which begins with the words of the regular wages a “bonus.” The actually compensated on a piece-rate “ the compensation paid” delete the sym term “ bonus” is properly applied to a basis, that there is no bonus and that his bol and number “ $1,125” and insert in siim which is paid as an addition to total regular rate is the quotient of piece-rate place thereof the symbol and number wages, usually because of extra effort earnings divided by hours worked.“ “$1.50”. of one kind or another, or as a reward The general rule may be stated that 37. Section 778.20, delete the last for loyal service or as a gift. The term wherever the employee is guaranteed a paragraph which begins with the words is improperly applied if it is used to des fixed or determinable sum as his wages "Regulations issued pursuant” and in ignate a portion of regular wages which each week, no part of this sum is a true sert in place thereof the following: the employee is entitled to receive under bonus and the rules for determining over Regulations issued pursuant to this his regular wage contract. time due on bonuses do not apply. section are published in the Code of For example, if an employer has 40. Section 778.23 (b ), delete all para Federal Regulations as 29 CFR 548. agreed to pay an employee $66.50 a week graphs preceding the paragraph begin Payments made in conformance with without regard to the number of hours ning with the words “ The total amount these regulations satisfy the overtime re worked, the regular rate of pay of the earned by each employee is” and insert quirements of the act. employee is determined each week by in place thereof the following: dividing the $66.50 salary by the number 38. Section 778.22 is amended to read: »of hours worked in the week. The situa (b) Pseudo “percentage bonuses.” § 778.22 The “split-day” plan. An tion is not altered if the employer con The device does not improve when it be other device designed to evade the over tinues to pay the employee the same comes more complex. I f no true bonus time requirements of the act was a plan $66.50 each week but arbitrarily breaks in a fiat sum amount can be legitimately known as the "Poxon” or “split-day” the sum down into wages for the first separated out of the employee’s wages, plan. Under this plan the normal or reg 40 hours at an hourly rate of $1.00 an certainly no bonus in the form of a per ular workday is artificially divided into hour, overtime compensation at $1.50 per centage of total earnings can be so de- two portions one of which is arbitrarily hour and labels the balance a “ bonus” labeled the “straight-time” portion of (which will vary from week to Week, be ** See Walling v. Youngerman-Reynolds the day and the other the “overtime” coming smaller as the hours increase and Hardwood Company, 325 U. S. 419, where this portion. Under such a plan, an employee vanishing entirely in any week in which scheme was struck down by the Supreme who would ordinarily command an the employee works 57% hours or m ore). Court. 4956 RULES AND REGULATIONS rived. Yet some employers, seeking to without regard to the number of hours total of $84, for the week (12 hours at evade the overtime requirements of the worked, no part of such commissions is $1.20 plus 2 hours at $1.80 for each of act entirely while apparently complying paid as overtime compensation. the first 4 days ($72) plus 10 hours at with every requirement, have devised In the example just given the employer $1.20 for the fifth day). On a weekly schemes of this kind. Like the employer sought only to relieve himself of the basis the employee is entitled to 10 hours described in the preceding paragraph, burden of paying proper overtime on of overtime pay or a total of $85.20, for such an employer pays his employee part of the wages. The example must the week (56 hours at $1.20 plus 10 hours $66.50 a week without regard to the num grow more complex but the principle at $1.80). The employer must pay $85.20 ber of hours worked. He also sets up a does not change when the employer seeks to satisfy the requirements of the act. fictitious regular rate of $1.00 an hour. to relieve himself of the entire burden (b) Suppose the employee paid $1.20 In a week in which the employee works of overtime by a fictitious division of an hour works the following schedule: 50 hours his records show the following: regular group wages into hourly earn ings and “ bonus”. This scheme is (The material in brackets does not usually MTW TF S s appear in the final records.) • usually tried with respect to employees who work solely on a group piece rate Straight time for 40 hours at $1 H ours...______16 14 14 14. 6 0 0 an h o u r.______;___$40. 00 or group commission basis. For sim Overtime for 10 hours at $1.50 plicity we will assume that the two em an h o u r-,______— ______'!___ 15. 00 ployees in the previous example receive On a daily basis the employee is en ------$55. 00 no base hourly rate but are working titled to 10 hours of overtime pay, or a [$66.50 —$55.00= $11.50, total solely on a commission basis— 11 percent total of $82.80, for the week. On a amount to be distributed as of total sales. In order for the scheme weekly basis the employee is entitled to a bonus] to function the employer must provide [$11.50/$55.00=20.9 percent] 8 hours of overtime pay, or a total of Percentage of total earnings a minimum hourly guarantee. The $81.60, for the week (56 hours at $1.20 bonus at 20.9 percent of $55______- 11. 50 minimum rate of $1.00 is best suited to plus 8 hours at $1.80). The employer his purpose for it provides the greatest must pay $82.80 to satisfy the require Total______66. 50 leeway as to the number of hours that ments of the act. may be worked without the payment of Obviously, this employee can no more any additional overtime compensation 42. Section 778.27 is amended to read: be said to be receiving proper overtime whatever. In a week in which the total § 778.27 Retroactive effect. Section than the employee in the previous ex sales amount to $950 the two employees 16 (e) of the Fair Labor Standards ample. This employee’s regqlar rate in are together entitled to $104.50 (11%). Amendments of 1949 (29 U. S. C. 216b) this week is $1.33 per hour and he is owed They will receive this amount regardless provides: a total of $73.15 for the week. of the number of hours they have worked No better claim of compliance can be No employer shall be subject to any li individually or collectively. I f they ability or punishment under the Fair Labor made by an employer who arbitrarily work the same number of hours, each pieces out a bonus from all or part of Standards Act of 1938, as amended (in any will get half—$52.25. This would be action or proceeding commenced prior to or group wages. The scheme tends to be true whether the hours worked by each on or after the effective date of this act), more complex, but the principle is the were 40, 43, 45, or 48 hours. Only the on account of the failure of said employer same and the same results follow: bookkeeping is altered. I f each works to pay an employee compensation for any One relatively simple example of such a 40 hours the record will show for each: period of overtime work performed prior scheme is the following: Two employees are to July 20, 1949, if the compensation paid Wages at $1 per hour____:__—_ ____ $40.00 prior to July 20, 1949, for such work was at hired as salesmen on an hourly-rate-plus- Bonus— — — .______12. 25 least equal to the compensation which would commission basis. Each is hired at the rate have been payable for such work had section of $1.40 an hour for the first 40 hours and Total— . ______52.25 7 (d ) ( 6 ) and (7) and section 7 (g) of the $2.10 an hour for overtime and, in addition, Fair Labor Standards Act of 1938, as is entitled to a share in commissions earned If each works 45 hours, the record . amended, been in effect at the time of such by each at the rate of one percent of sales. will show: payment. In a given week one employee works 40 hours Wages at $1 per hour for 40 hours— 40. 00 and the other works 50. Together they sell Overtime pay at $1.50 per hour for For the period between July 20, 1949, $1,330 worth of merchandise and are thus en 5 hours______7. 50 and January 25, 1950, the provisions of titled to $13.30 as commissions. In order to Bonus at 10 percent of total earn the former section 7 (e) of the act, as avoid payment of overtime on the commis ings (10 percent of $47.50),____ 4.75 sions, the employer decides to distribute the added by the act of July 20^ 1949 (63 $13.30 in the form of a percentage of total Stat. 446) provided virtually identical Total— , . ______52. 25 earnings. The total wages of the two em protection. ployees is $133 in the particular week. The 41. Section 778.25, delete from the $13.30 commissions represent 10 percent of 43. Section 778.6 (g) (4) is amended paragraph beginning with the words to read: this figure. The employer therefore pays a “ under this provision” to the end of the 10 percent “bonus” to each employee on his (4) Plans under section 401 (a) of the total earnings. One receives $5.60 as bonus, section, and insert in place thereof the the other, $7.70. The employer claims that following: Internal Revenue Code. Where the no additional overtime is due because the benefit plan or trust has been approved “bonus” was a percentage of total earnings Under this provision, where an em by the Bureau of Internal Revenue as and the percentage was determined before ployee works both in excess of twelve satisfying the requirements of section the amount due any individual employee had hours in a day and in excess of fifty-six 401 (a) of the Internal Revenue Code, been determined. hours in the aggregate in a particular in the absence of evidence to the con workweek, the employer must pay over I f the commissions were a “bonus” at trary, the plan or trust will be con time compensation computed on either sidered to meet the conditions specified all, the method of distribution might be the daily or the weekly basis, whichever proper. But a bonus, as has been stated, in subparagraphs (3), (i), (iii), (iv), is greater, but not both. It may be help and (v) of this paragraph. is a sum paid in addition to regular wages ful to illustrate this opinion by specific and not as a part of such wages. The examples. (52 Stat. 1060; 29 U. S. C. 201-219) employees have contracted to work on a (a) Suppose an employee paid $1.20 wage-plus-group-commission basis. No These amendments shall become effec extra pay— over and above the contract an hour works the following schedule: tive upon publication in the F ederal wage— is involved. As a regular part of R egister. their duties, the employees make sales M TW TF S S Signed at Washington, D. C„ this 27th and regularly receive a one-percent com day of June 1956. Hours...!...... ____ _ 14 14 14 mission on the amount of the sale. 14 10 0 0 N e w e l l B r o w n , Moreover, since the employees are owed Administrator. the commissions in an amount related On a daily basis the employee is en [F. R. Doc. 56-5280; Filed, July 3, 1956; only to the amount of total sales and titled to 8 hours of overtime pay, or a 8:46 a. m .] Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4957

ginning for the quarter in which a delivery is ment; provided that if any portion of such TITLE 32— NATIONAL DEFENSE first made (or services are first performed for gross excess (less all tax credits under the and accepted by the Government) under this Internal Revenue Code) has been applied to Chapter I— Office of the Secretary of contract, and as of the end of each quarter, the liquidation of progress payments, such Defense the Contractor shall submit a statement set amount may be added or restored to the un ting forth the respective amounts of each of liquidated progress payment account, to the Subchapter G— Defense Contract Financing the three numbered items next above, to extent consistent with the progress payment clause of this contract, instead of making P art 84— P a y m e n t s o n I n c e n t iv e -T y p e gether with the total amount of aU billings for items delivered to (or services performed direct refund thereof. When, after submis and P r ic e R edetermination -T y p e C o n for) and accepted by the Government (in sion by the Contractor of cost data and price- tracts cluding amounts applied to liquidate prog redetermination offer, the Contractor and the Sec. ress payments) under this contract as of the Contracting Officer (a ) have agreed in writing 84.1 Purpose. end of each quarter. If on any quarterly upon revised billing prices in the light of the 84.2 Policy and action. statement these total billings exceed the sum cost experience and anticipated future trend 84.3 Refunds and adjustments. of the three numbered items above, this gross (and provided that such revised prices are not 84.4 Contract administration. excess, less any applicable tax credit under higher than the smallest of (i) the existing Section 1481 of the Internal Revenue Code of contract price, (ii) the Contractor’s price- A utho r it y : §§ 84.1 to 84.4 issued under sec. 1954 shall, after deduction of the total re redetermination offer and (iii) a price based 202, 61 Stat. 600, as amended, secs. 2-12, 62 funds (cash or credit memoranda not includ upon the most recent quarterly statement), Stat. 21-28, sec. 638, 66 Stat. 537; 5 U. S. C. ing any tax credits under the Internal and (b) the contractor agrees to promptly 171a, 41 U. S. C. 151-162. Revenue Code) theretofore made, be paid make the necessary adjustments to bring pay Note: This part supersedes and cancels immediately by the Contractor to the Gov ments for past deliveries of items into align Part 84 published 20 F. R. 9179, subject: ernment or credited against existing unpaid ment with the revised billing prices,, and (c) "Payments on Incentive-Type and Price Re- billings covered by such statement; provided so long as the Contractor bills at the agreed determination-Type Contracts.” that if any portion of such gross excess (less revised billing prices (or lower prices there all tax credits under the Internal Revenue after negotiated as final prices preliminary § 84.1 Purpose. J t is the purpose of Code) has been applied to the liquidation of to confirmation by formal contract supple this part to assure payment of amounts progress payments, such amount may be ment), the prices so agreed upon or nego fairly due for items delivered and ac added or restored to the unliquidated prog tiated shall be deemed to be final prices for cepted under incentive-type and price ress payment account, to the extent con the purpose of this paragraph until final prices are established' by supplement. For redetermination-type contracts, to re sistent with the progress payment clause of this contract, instead of making direct refund any quarter in which only the numbered (1), duce the need for refunds by contractors thereof. above, is applicable, the Contractor may fur under such contracts, to facilitate timely nish a written statement to that effect in adjustment of provisional billing prices (2) In price revision—or redetermina- stead of the quarterly statement above and prompt completion of final pricing tion-type contracts, not of the incentive required. under these types of contracts, and to type: - (b) In connection with amendments reaffirm the policy on progress payments. Notwithstanding any provision of this con providing for new procurement, and § 84.2 Policy and action, (a) To ac tract authorizing greater payment, adjust amendments providing an incentive- or ments and refunds shall be made if the total price redetermination-clause in contracts complish the purpose of this part, all of all amounts billed and paid or payable ■ new contracts of the incentive-type and under this contract for items delivered to hot previously containing such a clause, price redetermination-type, all definitive (or services performed for) and accepted by the above provisions shall be made ap contracts of the incentive- or price re the Government (including amounts applied plicable to the entire contract. determination-type replacing or super to liquidate progress payments), until final (c) Where the contracting officer has seding letter contract?, all amendments price revision has been made to the full discretion to control payments through providing an incentive- or price rede extent permitted by this contract, shall ex withholding provisions under an existing termination-clause in contracts not pre ceed the sum of the following items as re contract of the incentive- or price rede ported by the Contractor from time to time viously containing such a clause, and as hereinafter provided; (1) the total con termination-type not containing the all amendments to contracts of the in tract price of all items delivered to (or serv above provisions, the contract shall be centive- or price redetermination-type ices performed for) and accepted by the administered hereafter, to the maximum providing for new or additional procure Government for which final prices have been extent permitted by such withholding ment, entered into on or after July 1,. established, and (2) the total amount of provisions, so that on and after January 1956, shall contain one or the other of costs (estimated to the extent necessary) that li 1956, the total aggregate payments the provisions set out in subparagraphs have been reasonably incurred for and are will be limited in the manner provided properly allocable solely to items delivered in paragraph (a) of this section. 1 or 2 of this paragraph. to (for services performed for) and accepted (1) Incentive-type contracts: by the Government for which final prices (d) In the case of outstanding con Notwithstanding any provision of this con have not been established, and (3) the total tracts of the incentive-type or price re tract authorizing greater payment, adjust amount of interim profit used in establishing determination-type, where payments ments and refunds shall be made if the total the initial contract price and allocable by cannot be limited within a reasonable of all amounts billed and paid or payable direct proportion to items delivered to (or time as provided above, the contracting Under this contract for items delivered to (or services performed fo r) and accepted by the officer shall take prompt action to obtain services performed for) and accepted by the Government for which final prices have not by mutual agreement amendments of Government (including amounts applied to been established. Within 45 days after the such contract incorporating the above liquidate progress payments) until final price end of each quarter of the Contractor’s fiscal revision has been made shall exceed the sum year, beginning for the quarter in which a provisions. of the following items as reported by the delivery is first made (or services are first (e) Ordinarily, unless the contracting Contractor from time to time as hereinafter performed for and accepted by the Govern officer has good cause to doubt or ques provided; (1) the total contract price of all ment) under this contract, and as of the end tion the accuracy of statements fur items delivered to (or services performed for) of each quarter, the Contractor shall submit nished in accordance with paragraph (a) and accepted by the Government for which a statement setting forth the respective of tliis section, such statements will be final prices have been established, and (2) amounts of each of the three numbered items relied upon and prompt payments under the total amount of costs (estimated to the next above, together with the total amount the contract will continue to be made extent necessary) that have been reasonably of all billings for items delivered to (or incurred for and are properly allocable solely services performed for) and accepted by. the pending any post-audit or post-review ’ to items delivered to (or services performed Government (including amounts applied to that may be necessary to protect the in for) and accepted by the Government for liquidate progress payments) under this con terests of the Government. which final prices have not been established, tract as of the end of each quarter. I f on any and (3) the total amount of the established quarterly statement these total billings ex § 84.3 Refunds and adjustments, (a) target profit allocable by direct proportion ceed the sum of the three numbered items (1> It is essential in all cases that the to items delivered to (or services performed above, this gross excess (less any applicable amount of any indebtedness of contrac for) and accepted by the Government for tax credit under Section 1481 of the Internal tors to the Government be ascertained which final prices have not been estab Revenue Code of 1954) shall, after deduction promptly, and that the amount of each lished—increased or decreased in accordance of the total refunds (cash or credit memo contractor’s indebtedness to the Govern with the incentive profit formula of this con randa not including any tax credits under ment be collected expeditiously. tract when the amount of costs stated in the Internal Revenue Code) theretofore made, be paid Immediately by the Contractor , (2) Government personnel will take (2), above, differs from the applicable target prompt action so that amendments and costs. Within 45 days after the end of each to the Government or credited against exist quarter of the Contractor’s fiscal year, being unpaid billings covered by such state- supplemental agreements, where appro- 4958 RULES AND REGULATIONS priate, will be prepared expeditiously and be deducted from the “ gross excess” in TITLE 47— TELECOMMUNI executed without delay. computing the amount that may be (b) For use in expediting and con added or restored to the unliquidated CATION trolling adjustments and refunds, cur progress payment amount. Chapter I— Federal Communications rent inventory and control lists shall be (c ) It was intended by superseded Part Commission established and maintained with regard 84 (20 F. R. 9179) that subject to the to all incentive-type and price redeter quarterly adjustment required by the tDocket No. 11532; FCC 56-^87] mination-type contracts. Aggressive and contract provisions set out therein, pay [Rules Amdt. 3-16] continuing efforts shall be made to elimi ments at contract billing prices would be nate any unnecessary delays. made before submission of the first P art 3—R ad io B roadcast S ervices (c) All incentive-type and price re required quarterly statement, and there TELEVISION BROADCAST STATIONS determination-type contracts shall be after during the intervals between quar reviewed systematically and periodically terly statements. Hence, contracts con 1. Prior to November 10, 1955, when to obtain voluntary interim billing price taining the provisions required by this proceeding was initiated (Notice of adjustments and prompt refunds as ap superseded Part 84 (20 F. R. 9179) will be Proposed Rule Making, FCC 55-1124), propriate. The making of voluntary re administered in the same manner as if television broadcasters and other ele funds in anticipation of retroactive price they contained the first sentence of the ments of the television industry had sub reductions shall be systematically en contract provisions set out above. mitted numerous suggestions and, in couraged. No proposed voluntary refund some cases, formal petitions for revisions [ s e a l ] R e u b e n B. R o b e r t so n , Jr., of the television allocation plan. shall be refused or delayed, and all such Deputy Secretary of Defense. refunds shall be tendered and accepted 2. The scope of these proposals and without prejudice to final pricing. In [P. R. Doc. 56-5304; Filed, July 3, 1956 ; the methods employed varied widely. connection with voluntary refunds, mini 8:51 a. m.] They ranged from channel reassign mum refunds proposed by contractors in ments affecting a single city to major connection with final pricing proposals, revisions affecting the entire country. and refunds incident to quarterly state TITLE 43s—PUBLIC LANDS: The methods included such diverse and ments, contractors shall not be required INTERIOR mutually inconsistent approaches as con to furnish concurrent itemization of ad version to an all-VHF system, conversion justments to be made on past billings, Chapter I— Bureau cf Land Manage to an all-UHF system, and continued use nor to furnish adjusted bills concur ment, Department of the Interior of both bands under a wide variety of proposals. Some of the latter envisaged rently. Such adjustments as may be Appendix— Public Land Orders essential in connection with \ refunds thè more or less extensive increase of the will be accomplished by appropriate [Public Land Order 1309] number of VHF channel assignments Government personnel, with such infor [69696] through the use of new VHF channels, mation as may be essential from con the use of the present 12 VHF channels N e w M e x ic o tractors after refunds are made, and the under reduced spacings, or both. Others making, acceptance and deposit of re REVOKING DEPARTMENTAL ORDERS OP MAY 2, contemplated the elimination or transfer funds will not be delayed pending the 1908 AND MARCH 2, 1909, WHICH RESERVED elsewhere of VHF commercial channels making of any necessary accounting LANDS FOR USE OP THE FOREST SERVICE AS and the substitution, locally, of UHF adjustments. When reductions in billing THE FRESNOL ADMINISTRATIVE SITE channels. Some proposals were based on the revision of .the existing engineer prices are proposed by contractors, they By virtue of the authority vested in the will be made effective immediately with ing standards and policies, notably with President and pursuant to Executive respect to minimum spacings, maximum out prejudice to further adjustment, and Or-der No. 10355 of May 26, 1952, it is billings voluntarily reduced by contrac antenna heights and powers, the direc- ordered as follows: tors shall if otherwise proper be paid at tionalizing of antennas, and the use of The departmental orders of May 2, cross polarization. Other proposals ad the reduced amounts without awaiting 1908 and March 2, 1909, reserving the contract amendments. vocated the maintenance of present following-described public lands within standards. In short, the Commission § 84.4 Contract administration. (a) the Sacramento (now Lincoln) National was called upon to consider an extensive The contracting officer will exercise every Forest, New Mexico, for use of the Forest array of widely differing remedies for effort to bring about prompt redetermi Service, Department of Agriculture, as the difficulties which had hindered the nation of prices and setting of firm target the Fresnol Administrative Site, are further expansion of the nation’s televi prices by vigilant and timely attention to hereby revoked: sion service and the fuller achievement the contract administration aspects of N ew M exico P r in c ip a l M eridian of the objectives of the Sixth Report and each contract, and nothing contained T. 16 S., R. 11 E., Order, herein will dimish his responsibilities. Sec. 6, lots 9.10, II,. 13, 14,15, 16, and 17. 3. Briefly stated, those objectives were (b) Section 1481 of the Internal Reve to encourage the development of a na nue Code of 1954 and Section 3806 of The areas described aggregate 265.23 tionwide, competitive television system the Internal Revenue Code of 1939 pro acres. in which: vide for certain tax credits in connection The released lands are within the Lin (a) All areas would have at least one with contract price refunds. The con coln National Forest and have been open service; tract provisions set out in this part and to applications and offers under the (b) The largest possible number of in superseded Part 84 (20 F. R. 9179) mineral-leasing laws. They will be open communities would have at least pne lo do not alter the effect of those statutory to such other applications, selections, cal television station; and provisions. Contracts containing either and locations, as are permitted on na (c) Multiple services would be avail one of the provisions set out in § 84.3 (a) tional forest lands effective at 10:00 a. m., able in as many communities and areas of superseded Part 84 (20 F. R. 9179) on as possible to provide adequate program shall be administered in such manner as Inquiries concerning applications and choice to the public and encourage the to allow this statutory tax credit when offers under the mineral-leasing laws development of competition—among ever applicable under the circumstances. and locations under the mining laws shall broadcasters, networks and other ele Whenever there is a “gross excess” under be addressed to the Manager, Land Office, ments of the industry. those contract provisions, the amount of Bureau of Land Management, Santa Fe, 4. Among these three basic objectives, such tax credit shall be allowed in partial New Mexico. Other inquiries shall be the greatest progress has been made in settlement of the gross excess determined addressed to the Regional Forester, Post achieving the first. It is estimated that without reference to such tax credit, and Office Building, Alamogordo, New Mexico. over 90 percent of the population can only the remainder of the excess after W e s l e y A. DE w a r t , receive service from at least one tele such tax credit allowance shall be subject Assistant Secretary of the Interior. vision station. Less progress has been to refund by the Contractor. Also, ap realized toward achievement of the sec plicable previous tax credits shall be ex J u n e 28,1956. ond objective. Of the 1,260 communities cluded in computing refunds previously [F. R. Doc. 56-5279; Filed, July 3, 1956; to which at least one television channel made, and the amount of tax credits shall 8:45 a. m.] is assigned, fewer than 300 have 1 or Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4959 more stations on the air. As for the the proceeding, which was to reach a de operation of a larger number of stations third objective, approximately 75 percent cision as to the basic lines on which it has been impeded in numerous markets of the population receive service from would be in the public interest to revise by the absence of a greater number of two or more television stations. Slightly the nationwide television system, and more nearly competitive facilities, de over 100 communities have two or more thus provide a basis for determining the spite the need for and the capacity of television stations in operation, as com specific reassignments which could use such markets to support a larger num pared with 348 communities to which two fully be made in individual communities ber of television outlets. Accordingly, in or more television channels arei assigned. in conformity with the nationwide pol our evaluation of the numerous, diverse 5. The foregoing reflects substantial icies adopted herein. proposals before us, and in our determi progress during the four years which 9. In evaluating the proposals before nation of the course which in our judg have elapsed since the present television us it has been necessary to recognize that» ment offers the best possibilities for both allocation plan and engineering stand while actions by this Commission de the immediate and long range expansion ards were adopted. Serious problems termine the numbers of channels which of the nation’s television services, we have arisen, however, which are imped are available for television broadcasting, have kept in mind the paramount need ing the continued expansion of the na the extent to which they are actually for more competitive services. tion’s television services. There is gen utilized depends upon the construction Remedial action proposed try the par- eral agreement on the sources of these and operation of stations by qualified dies. 12. Some of the proposals sub problems. In brief, they are: brodcasters who are able and willing to mitted under this proceeding were based (a) The limitation to 12 channels in enter this field of private, free enterprise on the allocation of additional VHF spec the VHP band; and and to cope, as entrepreneurs, with the trum space to television broadcasting (b) Difficulties which have been ex conditions of the marketplace. The op and on the assignment of new VHF chan perienced in achieving fuller utilization portunity for profit is accompanied by nels which this would make possible.' of the 70 UHF channels. These difficul the risk of loss. Whether broadcast op Before this proceeding was initiated the ties have been ascribed chiefly to : erations yield one or the other is de Commission had undertaken negotia (1) The large numbers of VHP-only pendent on economic and technical tions with the Office of Defense Mobiliza receivers in use and the high proportion factors, many of which are beyond the tion to ascertain whether any of the VHF of VHP-only receivers which continue Commission’s control. One important frequencies allocated to governmental to be manufactured.* economic factor is the high cost of the services might be made available for (2) Performance deficiencies of UHF constructioh, operation and program television broadcasting. The Office of transmitting and receiving equipment ming of television stations as compared Defense Mobilization made a careful during the initial 4-year period of the with similar costs for radio stations. Be study of the matter but concluded, in a utilization of UHP for television broad cause of this, under the present econom report issued by that Office on April 13, casting. ics of television, fewer communities are 1956, that “ national security require (3) The consequent preference of able, at this stage, to support television ments and the needs of air navigation program and revenue sources for VHP stations than can support radio stations. and air communications preclude the re outlets. Also, because of the dependence of tele lease for non-Government use of any of 6. While some of the numerous sug vision stations on network and other the very high frequencies now utilized by gestions, proposals and petitions before nationally distributed programming, the the Federal Government.’’ Moreover, the Commission last November appeared techniques, developed over the years in this Commission has concluded that it to merit consideration, none was suffi the aural broadcasting service, which would not be practicable to obtain a ciently free from disadvantage and diffi enable numerous radio stations to oper significant number of additional VHF culty to warrant adoption without ex ate successfully with a high proportion of channels using VHF frequencies under tensive study and evaluation. There local, non-network programming, have our control and now allocated to other fore this proceeding was initiated on not so far been developed to as great an services. In these circumstances, the November 10, 1955, to provide an orderly extent in the television field. This has proposals looking toward revision of the basis for examining and comparing the meant that both VHF and UHF stations allocation plan on the basis of additional proposals and comments of all inter which have not been able to secure their VHF channels must now be rejected. ested parties. Because the problems principal programs from a major net Moreover, the fact that additional VHF were nationwide in scope, and because work have found survival difficult, if not frequencies cannot be made available for widely divergent approaches to their impossible. But since it has also meant television broadcasting precludes revi solution required evaluation initially on that the stations able to offer the largest sion of the allocation plan looking toward a broad, nationwide basis, the Commis viewing audience in any given commun an all-VHF television system. As the sion stated, in its Notice of Proposed ity will normally secure the principal Commission has recognized from the Rule Making, that it would be premature network affiliations, many UHF stations outset, and has frequently reaffirmed, the at the outset to consider proposals whose which normally cannot provide a view 12 VHF channels alone are not adequate scope was limited to action affecting only ing audience comparable to those of to make possible sufficient outlets for a single communities or local areas. their VHF competitors have been forced fully competitive television system. 7. Accordingly, the Commission re to operate on a marginal or submarginal 13. Other proposals before the Com quested the submission of proposals and basis or cease operation. mission are based on the widespread use comments relating to overall solutions 10. Disparities which occur frequently of additional VHF assignments, particu on a broad, nationwide basis. At the between the audiences which VHF and larly in the larger markets, using the 12 same time the Commission terminated UHF stations are able to offer advertis VHF channels now available, but at five rule making proceedings which had ing program sponsors and national spot spacings substahtially shorter than the been initiated earlier on petitions for the advertisers have resulted from the seri present minimum spacings. While this deintermixture of five individual commu ous problem of receiver incompatibility method appears to offer limited possibil nities (Report and brder), November 10, and from limitations which have been ities for meeting present needs for more 1955, Dockets 11238, 11333, 11334, T1335 experienced to date in the power of UHF stations in some areas, careful analysis and 11336, FCC 55-1125), and denied a transmitters and in the sensitivity and of these proposals discloses difficulties number of other* similar petitions on selectivity of UHF receivers as well as which raise very serious doubt that this which rule making had not been initiated the different propagation character method would adequately serve our long (Memorandum Opinion and Order, No istics of the UHF band. range objectives. VHF stations at sub vember 10, 1955, FCC 55-1126) 4 11. While we are cognizant of the standard spacings would reduce the serv 8. Aided by the proposals, comments jurisdictional and practical limitations ice areas of existing VHF stations and and data submitted in this proceeding, which restrict the extent to which the create new interference areas within the Commission has now had an oppor Commission can ameliorate the fore which satisfactory signals might not be tunity to examine and compare the dif going economic and technical conditions, received either from existing stations or ferent basic approaches which are ad we have endeavored to determine the from the new stations. Our studies dis vocated by members of the television in realistic possibilities for improvement close that, unless the existing minimum dustry. The material filed has been through revision of existing television spacings were reduced very substantially, Painstakingly studied and evaluated in allocations. It has become apparent the number of additional outlets which the endeavor to accomplish the object of that the construction and successful could be provided over the country by No. 129------3 4960 RULES AND REGULATIONS this method would be very limited. Thus, tions obliged to compete with two or UHF band for television broadcasting. in order to permit the construction of a more VHF broadcasters. The deinter The expectation that ultimately the ma significant number of new VHF stations mixture proposals also envisage, at least jor part of television broadcasting would it would be necessary to make very sub in some instances, the transfer of some be carried on in the UHF band was im stantial in-roads in the service areas of VHF channels to other cities where they plicit in the allocation, in the Sixth Re existing stations. We recognize as urged could be used to increase the number of port and Order, of 70 UHF channels to by parties to this proceeding that the local VHF services. Thus, deintermix supplement 12 previously available VHF interference problems might be limited ture has the dual aspect of reducing or channels^ But so far this expectation to some extent by requiring the eliminating VHF assignments in some has not been realized owing to difficulties “ squeezed-in” stations to employ lower communities and of increasing the num which none of the proposals already dis heights and powers and directional an ber of VHF assignments in others. cussed can sufficiently overcome. One tennas, and by the use of cross polariza 15. It does not appear, however, that of the proposals whose consideration has tion. But we do not believe that the deintermixture at this stage would be been recommended in this proceeding creation of numerous small VHF sta practicable in a sufficient number of and has been advocated in the past by tions with very limited service areas communities representing a sufficiently industry representatives in submissions would further the objectives, of our large segment of the total population to the Commission and to Congress, nationwide television system. Similar to provide significantly enhanced oppor should be examined. That is the pro proposals were submitted to the Com tunities for the fuller utilization of the posal to shift all television broadcasting mission when the present television allo UHF channels on a nationwide basis. in the United States, or in a substantial cation plan was under consideration. We believe that in some types of situa portion of the country, to the ultra-high They were rejected, for reasons set out tions, which are discussed later, deinter frequency band. in the Sixth Report and Order (Para mixture merits careful consideration as 17. Although it would be premature at graphs 136 et seq.). In our opinion those a means of increasing the opportunity for this stage for the Commission to adopt reasons remain essentially valid today. effective competition among a greater final conclusions concerning the feasi There is little likelihood, moreover, that number of stations in certain individual bility of transferring television to the even with the maximum possible utili areas. Most of the deintermixture pro UHF band throughout the United States, zation of VHF “squeeze-ins” , assign posals1 have been confined to communi or, alternatively, in a major portion of ments could be made available in suf ties where UHF stations commenced the country, we believe that our effort to ficient numbers to accommodate the operating before the advent of one, and find a solution to the nationwide tele maximum number of television stations in some cases before the advent of a vision allocation problem should not be for which it may be expected there will second VHF service, and where a high concluded without a careful and thor eventually be economic support in the percentage of receivers in the hands of ough exploration of this approach. An United States. Yet it is clear that the the local residents can receive UHF sig other major consideration is involved. widespread use of new VHF assignments nals. There are serious obstacles to a As discussed later in more detail, there at sub-standard spacings would discour more extensive nationwide program of are growing indications that the needs age the building of additional UHF sta deintermixture at this stage. Thus there of other services for additional spectrum tions, and in many instances would is little support for the elimination of space are increasing rapidly. The fact reduce the opportunities for successful VHF assignments in areas with little that the lower part of the VHF spectrum operation of UHF stations now on the UHF set saturation. In other instances seems well suited to their needs indicates air. Thus in most of the larger markets the elimination of local VHF channel the likelihood that it will be possible to the assignment of a VHF station at sub assignments would not accomplish effec make effective use of the VHF frequen standard spacings would operate to place tive deintermixture owning to the local cies now allocated to television, for other an artificial ceiling on the number of reception from VHF stations located in nonbroadcast services. stations which could eventually be es neighboring communities. In still other 18. I f suitable means could be found tablished. For all of these reasons we cases the elimination of local VHF as to overcome the difficulties inherent in have been unable to find that the addi signments would be impracticable at this so major a frequency reallocation as tion of new VHF assignments at sub stage owing to the fact that substantial moving television to UHF, and if UHF standard spacings would serve the pub “ white areas” would be created. It could be sufficiently developed to permit lic interest. For reasons which are dis seems doubtful for these reasons that the the elimination of VHF channels with cussed later, we believe, however, that elimination of VHF channel assignments out loss of service, a number of basic it may be desirable to relax the present would be practicable at this stage in a advantages would result. All stations rules concerning minimum assignment sufficient number of communities to en would be able to compete on a much separations to the extent necessary to courage significantly increased nation more nearly comparable basis techni permit the assignment of additional wide use of the UHF band. Nor would cally, since there is much less disparity channels which do not meet the sep this technique alone satisfy the need for between the lower and upper UHF chan aration from the new city, provided all increasing the number of outlets in many nels than between the VHF and UHF separations will be met from the new markets, both large and small, which television channels. Thus the coverage transmitter on these channels. are at present inadequately served, and of competing stations would be much 14. Some of the proposals before uswhich accordingly offer only limited op more comparable than at present, and advocate the deintermixture of VHF and portunities for competition among sta competitive opportunities among broad UHF channel assignments in order to tions, among networks, and among other casters, among networks and among more nearly equalize competitive op program and revenue sources. other program and revenue sources would portunities in individual markets while 16. Because deintermixture, alone, be considerably enhanced. It may be at the same time utilizing both the VHF cannot solve the entire problem, we have expected that this would encourage the and UHF bands in the nationwide televi found it necessary to consider additional building of numerous additional stations sion system. Citing competitive diffi means for making possible the full utili which would bring a first local service to culties of UHF broadcasters, particularly zation of the UHF band for television some communities and much needed ad in markets which are served by two or broadcasting. As early as 1945,* recog ditional services in others. These achive- more satisfactory VHF signals, the pro nizing the inadequacy of 13 VHF chan ments would be aided by the fact that ponents of deintermixture have advo nels for a fully developed nationwide broadcasting in a single band would, cated the elimination of some or all of television system, Commission policy has after a suitable transition period, elim the VHF channel assignments in desig looked toward the extensive use of the inate the crucial problem of receiver nated cities. It is contended that this incompatibility. As compared with al 1A petition filed on April 18, 1955, by Mr. ternative solutions which have been con would improve the opportunities of the Albert J. Balusek of San Antonio, Texas, pro local UHF broadcasters to obtain, or in sidered, the use of the UHF band ex posed that the Commission deintermix UHF clusively would raise the ceiling of the some cases to retain sufficient network and VHF channel assignments in all com maximum number of television stations programming and national advertising munities throughout the United States. We are obliged to deny this petition for thé which could eventually be built and suc revenue to support successful station reasons set out in paragraph 15. cessfully operated. And, as stated above, operation which, it is alleged, would be a Report of Allocations from 25,000 kc to after the discontinuance of VHF televi impossible for a good many UHF sta- 30,000,000 kc, May 25, 1945, Docket No. 6651. sion broadcasting, additional VHF ire- Wednesday, July 4, 1956 FEDERAL REGISTER 4961 quencies would be made available to despite disappointments that have been be sufficiently long to cover the useful life meet the growing needs of other services experienced during this initial four year of VHF-only receivers in the hands of for VHP spectrum space. period of development of UHF transmit the public, and to permit the amortiza 19. Before it would be possible, how ting and receiving equipment, it would tion, over a reasonable period, of VHF ever, to achieve these impressive advan be erroneous to base our policies on an transmitting equipment whose use would tages it would be necessary to find solu assumption that UHF transmission and be discontinued when VHF broadcasting tions for numerous problems which a reception is not susceptible of significant would be terminated in designated por transition to all-UHF television would improvement. On the other hand, ad tions of the United States. One method involve. These problems fall into sev ditional facts and data are needed in or which may merit consideration is to re eral major groups. The first group re der to make a sound determination as to quire VHF stations to broadcast simul lates to the technical transmission and whether the fullest possible exploitation taneously on UHF channels during all or reception potentialities of UHF. It will of UHF’s technical potentialities will some part of the transition period. It be necessary to ascertain the extent to enable UHF to render a service which would seem probable that if it should be which UHF transmission and reception will justify elimination of VHF broad decided to go to an all-UHF system, the can be improved, in order to make a casting in a major part or throughout announcement of a decision that VHF realistic determination as to whether the United States. broadcasting would be discontinued on conversion to all-UHF television 21. The answer to this question will a fixed future date, coupled with interim throughout the United States or in a not depend on whether all the disparities simultaneous UHF broadcasting by VHF major portion of the country would or between UHF and VHF transmission and stations, would lay the necessary basis would not result in the loss of services reception can,be completely eliminated. for discontinuance of the manufacture available now or potentially available We recognize that some differences in of VHF-only receivers. with the use of VHF channels. In order here in the. essential characteristics of 24. The problem of getting UHF to ascertain the capacity of UHF trans the two frequency bands and that it may equipped sets into the hands of the pub mitting and receiving equipment to ren never be possible to eliminate them en lic is not, however, subject to complete der satisfactory service without the tirely. The problem is not, however, control, under existing law, by either the concurrent Use of the VHF band for whether these disparities can be totally Commission or the industry. For even television broadcasting, the Commission eliminated, but whether UHF transmis if it were to be determined that on a believes that a program of expedited sion and reception can be perfected suffi mass production basis improved all research and development should be ciently to enable an all-UHF system to channel sets can be developed at only a launched without delay with the object render service to the public at least as moderate cost differential from VHF- of achieving the maximum possible in good as or better than the service that only sets, the forces of price competition crease in the range of, and the reduction can be provided to the public under the in the industry are such as to magnify of the shadow areas of UHF stations. present system. It may very well be the effects of such slight differentials This research and development program that owing to the opportunities which a and in the absence of some additional should be concentrated on: one-band system with 70 channels will spur or protection, to have the cheaper, (a) UHF transmitters, with emphasis open up for increased competition, and less-complete set drive out the all-chan on increased transmitting power and the for the construction and operation of a nel sets. Any private agreement among feasibility of the use of such techniques greater number of stations and success manufacturers to manufacture only as UHF boosters and satellites. ful operation of more networks and other UHF equipped sets would run the risk (b) Receivers and receiving antennas, program sources, a one-band system of violating the anti-trust laws. And wjth the object of increasing the sensi would permit more communities to have in view of this fact, and the public’s re tivity of and reducing the noise factors local service and would provide a larger luctance to spend additional sums in of receivers; and improving their selec number of multiple services to a greater anticipation of future developments in tivity in order to permit the reassign portion of the population than would be the television art, we believe it may be ment of UHF channels with a minimum possible with the combined use of the essential for the Congress, contempora number of restrictions on station separa UHF and VHF bands. This may be pos neously without explorations of the tions. sible despite certain advantages in the technical problems of UHF operation, to 20. The Commission will cooperate use of VHF frequencies for television examine the advisability of legislation to fully with all interested groups in or broadcasting. The critical factor is that relieve the situation. Such legislation ganizing the orderly conduct of the fore there is an inadequate number of these might take the form of special tax re going research and development pro frequencies, and the use of the 12 VHF lief, such as that already suggested, to gram. While it would be premature to channels has discouraged the utilization equate all-channel receiver costs with anticipate the results of this program, of more than a fraction of the UHF as those of VHF-only sets, or perhaps more the Commission believes that consider signments which were made available for drastic remedies such as the prohibition able encouragement is offered by recent television broadcasting in 1952. of the shipment in interstate commerce notable advances in increasing the power 22. When we learn the results of the of other than UHF-equipped receivers of UHF transmitters and in tubes for suggested program of UHF research and might be found to be necessary. We can improving the characteristics of UHF re development, we will be better able to make no definite recommendations at ceivers. Notwithstanding the disad ascertain the full practical capabilities this time as to specific legislation; we do vantages frequently associated with UHF of UHF. On that basis we will then be believe, however, that this is an impor broadcasting there are some respects in able to evaluate UHF’s capacity to sup tant facet of the overall problem which which the UHF band is superior to the plant VHF broadcasting without loss of cannot be overlooked. VHF channels allocated to television. service. We will also be in a better posi 25. For all the foregoing reasons the UHF reception, for one thing, is freer tion to determine whether UHF alone Commission is convinced that it should than VHF from interference caused by would render adequate service through now undertake a thorough, searching local noise generators such as ignition out the country, or whether it would be analysis of the possibilities for improving systems, electrical appliances and necessary to confine all-UHF television and expanding the nationwide television switches, and is less susceptible to inter to areas, such as east of the Mississippi system through the exclusive use of the ference due to multipath reflections. River, where owing to the greater popu UHF band throughout or in a major por Also, if future developments result in the lation density, and the larger number of tion of the United States. In order, how Production of single-band UHF recovers cities able to support stations, service ever, to lay the basis for the formulation they could be simpler in design, less areas need not be as large as in the less of a definite plan or proposal in a form costly, and more efficient than present densely populated areas to the west. suitable for consideration in a formal VHF-only or combination UHF-VHF re 23. The second major group of prob hile making proceeding, it will be neces lems involved in an all-UHF television sary first to obtain facts and data relat ceivers, owing to the fact that the ratio system concerns the need to establish ing to the basic problems, discussed in between the top and bottom UHF tele methods and timing for transition from paragraphs 19 through 24 concerning vision frequencies is smaller than be the present system which will minimize UHF’s capacity to provide a complete tween the top and bottom VHF cost and dislocation to the public and to television service without the concomi frequencies now allocated to television. the television industry. It would appear tant use of VHF channels, and the best The Commission believes, therefore, that that a transition period would have to means of effecting a transition to an all- 4962 RULES AND REGULATIONS

UHF system. The Commission will wel rooftop and treetop levels, and in general 3. Whether a reasonably high propor come the submission of comments and the base station uses lower antennas and tion of the sets in use can receive UHF data on these problems by all interested lesser powers than broadcast stations. signals. parties. The comments should refer to The governing factor, however, is the 4. Whether the terrain is reasonably “FCC Inquiry Into The Feasibility Of severely restricted powers and antenna favorable for UHF coverage. Transferring Television Broadcasting To heights which are available to mobile 5. Whether, taking into account all the The UHF Band,” and should be sub units. Only in exceptional cases do they local circumstances, the elimination of a mitted, in an original and 14 copies, by operate from clear sites, and it is im VHF channel would be consistent with October 1, 1956. The Commission will perative that for longer ranges they have the objective of improving the opportu decide what further proceedings will be frequencies suited to their needs. The nities for effective competition among a appropriate after considering those lower VHF frequencies are less affected greater number of stations. comments. by hills, structures and vegetation. They 26. Concerning the first group of prob The desirability of assigning a first VHF also permit longer mobile antennas and channel or of adding an additional VHF lems relating to the technical perform more sensitive receivers. These factors channel would depend principally upon: ance of UHF transmitters and receivers indicate the desirability of considering we believe that it will be necessary to 1: Whether it is possible to locate the the allocation of lower VHF frequencies new transmitter so as to meet minimum achieve some progress with the suggested to the land mobile services. program of research and development transmitter spacings. 30. It is evident that the need and de 2. Whether, in cases where it is neces before it will be useful to establish an mand for more accommodation for land extensive record on these subjects. The sary to move the channel from another mobile services has been increasing sub city, there is greater need for the chan Commission will, however, accept any stantially in the recent past and promises comments which interested parties may nel in the area to which it is proposed to increase further as the industrial uses to be assigned. feel it may be useful to submit on this of radio continue to develop. These fac aspect of the matter at this time. We 3. Whether the addition of a new VHF tors raise basic questions concerning assignment would be consistent with the will especially welcome comments at this spectrum allocation which go further time concerning the most effective meth objective of improving the opportunities than the requirements of television for effective competition among a greater ods for conducting and expediting this broadcasting alone, and which take into suggested research and development pro number of stations. account the rising needs of other ser 32. In appropriate instances it may be gram. vices. Thus the question of the transfer 27. An additional group of problems desirable, in order to attain the objec of television broadcasting to UHF has tives stated in the preceding paragraph, concerns the question of the most effi the dual aspect of the possible improve cient utilization of the VHF frequencies to add an additional VHF assignment ment it may provide in the opportunity which meets all requirements o f the now allocated to television broadcasting, for achieving the goals of the nationwide taking into account both the problems present rules with the exception that the television system upon the one hand and minimum spacing from the city where of television allocations and the uses to of accommodating expanding needs and which these frequencies might be put by the new assignment is proposed would requirements of industry on the other. not be met. It would be feasible, how other services. It would be premature Interim action. 31. There remains the to examine the latter uses in detail, at ever, in these instances, by appropriate problem of interim action which should location of the new transmitter, to meet this stage, since even assuming the suc be taken pending resolution of the long cessful disposition of the technical prob all transmitter spacing requirements. range problems already discussed. Since Since it is the spacing from the trans lems of an all-UHF system developments some years would be required in any in the interim may considerably alter the mitter that is critical, we believe, that it event for the full implementation of an will be in the public interest to relax the present circumstances of the other serv all-UHF system, the Commission believes ices. At the same time, it may be useful present rules in order to permit new as that steps should be taken in the mean signments that can be utilized within to note briefly several developments time to improve the opportunities for which indicate growing need of addi reasonable distance from the city in con effective competition among a greater formity with the minimum transmitter tional space in the VHF portion of the number of stations. As already indi spectrum for other services. spacing requirement. In this way addi cated, a basic choice in many markets at tional service can be provided without de 28. Recently there has been consid this time lies between the elimination erable development of techniques em parting from the engineering standards. of VHF channel assignments to create Implementation of interim revisions of ploying ionospheric scatter from point- improved opportunities for UHF broad to-point or fixed communication. It is the table of assignments. 33. This pro casting and, alternatively, the assign ceeding has served the purpose for which in use outside the United States and ment of additional local VHF channels. appears to offer possibilities for domestic it was instituted, i. e., determination of Because of the widely varying circum the basic lines on which revisions of the use and for international use between the stances in individual markets and the existing television allocation plan should Unitfed States and other countries. The numerous factors which bear on the be considered. It can therefore now be useful frequency range is between about choice of techniques in any individual terminated. We announced in the No 30 and 60 me. As the sunspot cycle ad community or area, it is not possible tice of Proposed Rule Making adopted vances widespread interference is caused to formulate rigid criteria whose per to the mobile services which are now functory application to individual cases on November 10, 1955, that after this using the same frequencies for domestic will automatically indicate the course determination had been made we would operation. Whether the use of ionos which would best serve the public inter proceed to the consideration of proposals pheric scatter circuits is limited to est in each community during the for such channel reassignments as might foreign areas or in the event that there interim period. We have concluded, be made in conformity with the general policies adopted herein. will be domestic demands for this service, however, after extensive review of all the question is raised whether frequen the proposals which have been submitted 34. Accordingly, we are adopting to cies in the range of 30 to 60 me should be to us for the elimination or addition of day a number of Notices of Proposed set aside for this service within the next commercial VHF assignments, that the Rule Making in which we will consider 5 o r 10 years. following considerations will have im a series of proposed channel reassign 29. The conditions of use and the portant bearing on decisions in specific ments which appear to merit considera characteristics of radio systems em communities or areas. In markets with tion in conformity with the objectives outlined in this Report and Order. For ployed by the land mobile services in one or more commercial VHF assign ments, the merits of proposals to elimi example, in a number of communities, dicate that the lower VHF spectrum may including Madison8 and Elmira,8 we are be well adapted to their needs. Many nate a VHF commercial assignment would depend to a large extent on such proposing to delete a VHF channel or re of these services are related to trading factors as: serve it for educational use. It appears areas in much the same manner as the 1. Whether significant numbers of on the basis of the facts before us that broadcast service. Thus they have need people would lack service as a result of such action offers reasonable prospect for substantially the same coverage areas. the elimination of the VHF channel. However, only the base transmitting and •Chairman McConnaughey and Commis 2. Whether one or more UHF stations sioners £>oerfer and Mack dissented from this receiving antennas can be raised above are operating in thé area. proposed rule making. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 49G3 for improving the opportunities for ef amendments to the Table of Assign Docket No. 11532, and the proposal is fective competition among a greater ments may do so. accordingly before us for review in the number of stations in these areas. In 38. In order to assist the Commission instant proceeding. After careful ex other communities, such as Fresno * and in evaluating proposals for channel re amination of the. comments which have Peoria,4 we are proposing to shift VHF assignments which involve the removal been submitted in support of and in op channels to other communities, which of an existing VHF assignment for which position to these proposals the Commis would have the added advantage of mak an application is on file or a construction sion has concluded, in the light of the ing additional comparable facilities permit has been granted, it is requested decisions reached in this proceeding, that available in VHF markets. In several that the parties furnish data, in ac the public interest would be served by other areas, such as New Orleans4 and cordance with the procedure set out in increasing the maximum power of UHF Albany,' it appears that similar objec paragraphs 39 and 40, showing the serv stations to 5,000 kw. It has accordingly tives can be achieved by deleting or ice of all stations in the area involved. decided to amend the relevant rules, in shifting one of the two VHF channels 39. As the Commission pointed out in cluding the curves already mentioned, assigned in the area. the Sixth Report and Order and other in Figures 3 and 4 of § 3.699. Equipment 35. In communities such as Charleston documents, there is no available means is now available and in use which yields and Duluth-Superior, which have two for predicting precisely the service areas effective radiated power of 1,000 kw for VHF channels assigned and no UHF sta of a specific television station which will UHF stations. Encouraging experi tions in operation, we find that it is pos take into account time variations and ments have been conducted with UHF sible to add a third VHF channel by variations in location, with particular transmissions at 4,500 kw and even *‘drop-in” or by shifting an unused edu reference to uneven terrain. Propaga higher power. The increase at this time cational assignment for which there ap tion data gathered since the Sixth Re in the maximum power authorized for pears to be no realistic prospect of early port and Order are now available. These UHF stations seems particularly appro use. In Miami,* which already has three latest data, as analyzed by the Commis priate in view of the importance which is commercial VHF assignments, we are sion’s staff and others, should be used, attached to the research and develop proposing to add a 4th which it appears since they improve somewhat the pre ment program already discussed. can be accomplished in accordance with dictions which can now be made in the 42. In a Further Report and Order minimum transmitter spacing require average case. The new data and adopted November 30, 1955 (Docket Nos. ments. We believe this course of action methods for employing them are set out 11181 and 11532, FCC 55-1198), the Com is more meritorious than deletion of two below. mission brought within this general tele or all-VHF channels from Miami, as 40. The data supplied should be based vision allocation proceeding the proposal some petitioners and parties to this pro on the following assumptions: to increase the antenna height at which ceeding have proposed. Where a 4th (1) In computing coverage, stations maximum power could be authorized for VHF channel can be employed without should be assumed to be operating with VHF television stations in Zone I. Pre violating our engineering standards, de nfaximum power at 1,000 feet above aver viously,. on July 20, 1955 (Report and letion of VHF channels would not appear age terrain, with the transmitter located Order, Docket No. 11181, FCC 55-802) , to be warranted. in the center of the principal commu the Commission had announced the 36. In some markets such as Toledo, nity, except where the minimum trans adoption of an amendment to § 3.614 where there are only two commercial mitter separations proposed require (b) of the rules which would permit VHF VHF assignments and no UHF stations transmitter location elsewhere. television stations in Zone I to use maxi operating, we find that despite the ap (2) 1,000 feet antenna height above mum power at antenna heights up to parent capacity of such markets to sup average terrain should be used for all 1,250 feet, instead of up to 1,000 feet port additional stations, it is not possible pertinent directions. as provided in the rules. The effective to assign an additional VHF channel be (3) Service should be drawn for the date for that amendment was designated cause there are none available which limit of the Grade B contour as limited as August 31, 1955. This effective date would meet minimum transmitter spac- by noise or interference, as the case may was subsequently extended in a series of ings. Nor would it be practicable to en be. Orders issued prior to November 30,1955, courage the expansion of local services (4) The extent of Grade B service at which time the Commission vacated on locally assigned UHF channels by should be computed in accordance with the Report and Order of July 20, 1955, eliminating a local VHF assignment be the tables set out below. and made the record in Docket No. 11181 cause, apart from the absence of sig (5) Only co-channel interference need part of this general television allocation nificant UHF conversion in the area, the be considered. proceeding. The rule making proposal reception of signals from VHF cities lo (6) Single station method of inter under the former Docket No. 11181 is cated elsewhere (in this case, Detroit) ference should be employed, i. e„ the accordingly before us for decision. would make it doubtful that effective de station causing the greatest penetration 43. In re-examining this proposal we intermixture could be achieved. is assumed to mask the interference of have again carefully reviewed the com 37. Parties interested in these proceed other stations. ments, supporting and opposing the ings will have full opportunity to submit (7) In computing interference or serv change. We have also considered a num comments in support of or in opposition ice, all stations presently on the air or ber of petitions for reconsideration or to these proposals, and to submit counter authorized, and pending applications, for stay of our Report and Order of July proposals. The proposals put out for should be taken into account, whether 20, 1955 (Docket No. 11181).’ We also rule making at this time do not cover all UHF or VHF. However, where a station have considered the issues concerning the amendments to the present Table of that is not yet operating is considered, maximum antenna heights and powers Assignments which have been proposed this fact should be indicated. for VHF stations in Zone I in the light in petitions now before us. We will en I f the parties desire, data based on of the conclusions reached in this pro other assumptions may be submitted in ceeding concerning the measures which deavor to act on all petitions as rapidly will best facilitate the building and oper as possible, including those already be addition to the foregoing. 41. In a Notice of Propos.ed Rule Mak ation of greater numbers of television fore us which have not yet been acted stations in both large and small markets. on and in those on which rule making ing adopted June 22, 1955 (Docket No. 11433, FCC 55-705), the Commission re This objective is paramount, and fur proceedings have been initiated but not quested comments on a proposal to raise nishes the basis for our conclusion that yet concluded. Parties desiring to file the maximum power of UHF television it would be undesirable to alter the an- petitions for additional or alternative stations from 1,000 kw to 5,000 kw, and to substitute new curves in Figures 3 and 4 * Filed by Elm City Broadcasting Corpora 4 Commissioners Doerfer and Mack dis tion, The Air Transport Association of Amer sented from this proposed rule making. of I 3.699 of the rules governing reduc ica, the Ultra High Frequency Coordinating 'Chairman McConnaughey and Commis tion of power for antenna heights ex Committee, Greylock Broadcasting Company sioners Doerfer and Mack dissented from this ceeding 2,000 feet. In a Further Report (W M GT), Springfield Television Broadcast proposed rule making. Commissioners W eb ing Corporation (WWLP), Plains Television and Order adopted on December 14,1955, Corporation (W ICS), The Helm Coal Com ster, Bartley and Lee concurring but would the foregoing rule making proceeding Propose the deletion of Channel 6 also. pany (WNOW-TV), Rossmoyne Corporation * Commissioners Webster and Mack dis was incorporated as part of the general (WCMB—TV), Southern Connecticut and sented from this proposed rule making. television allocation proceeding under Long Island Television Company (W ICC-TV). 4864 RULES AND REGULATIONS tenna height and power maxima at this tion of minimum separations, the Com has concluded that it would not serve the time. As we pointed out in our Report mission has concluded, for the reasons public interest to remove the maximum and Order of July 20, 1955, there were already given, that the authorization of limitations set out in the present rules at cogent reasons for rejecting, in the Sixth additional VHP stations at sub-standard the present time. The basic consider - Report and Order, proposals to permit transmitter spacings would not be de- tions which apply here are similar to all stations to use maximum power at sirable * those already discussed in paragraphs 43 2.000 feet, irrespective of location, in 47. On October 17, 1955, the Ultra and 44, above, relating to the proposal to that document the Commission adverted High Frequency Industry Coordinating increase the antenna height at which to the lower separations in Zone I, the Committee filed a separate petition re VHF stations in Zone I are permitted to shorter distances between cities, and the questing, inter alia, that the Commission use maximum power. need for more data on operations over consider the television allocations prob 51. In accordance with the decision 1.000 feet. The pattern of VHP stations lem under a broad rule making pro reached on the proposal to increase-the in Zone I is now well established on the ceeding. The instant rule making maximum power of UHP stations to 5000 basis of the height and power rules proceeding corresponds with that re kilowatts, discussed in paragraph 41 adopted in 1952 when the Sixth Report quested by the petitioner. The Ultra above, it is ordered, That effective Au and Order was issued. High Frequency Industry Coordinating gust 1, 1956, Part 3 of the Commission’s 44. The comments and data submitted Committee also requested the deferment rules is amended as follows: in the instant proceeding also indicate of authorizations or modifications of ’ A. Section 3.614 (b) is amended by that to some extent, the overlap of serv authorizations which would increase in deleting in the table the expression “30 ice areas tends to »diminish the oppor termixture pending the conduct of the dbk (1000 k w )” and substituting there tunities for the building and successful general proceeding. That portion of the for “37 dbk (5000 k w )” . operation of a larger number of stations, petition is now moot, since we are now B. Section 3.699 is amended by the both in the VHF and UHF bands, in terminating this proceeding. deletion of Figures 3 and 4 and the sub smaller communities neighboring the 48. On October 7, 1955, the American stitution therefor of the attached Figures larger metropolitan areas. The power Broadcasting Company filed a petition 3 and 4. increases sought for-Zone I would tend requesting the deintermixture of some 52. Authority for the foregoing amend to augment these effects of overlapping communities, the reduction of VHP sepa ment is contained in sections 303 (a), of service areas. In these circum rations and other revisions to the (b), (c), (e), (f), ( g ) , (h) and (r) and stances, taking into account the objective present rules. These proposals of the 4 (i) of the Communications Act of 1934, of facilitating the construction and oper American Broadcasting Company have as amended. ation of a larger number of television been superseded by comments filed under 53. In accordance with the conclusions stations, the Commission has come to the the instant proceeding. It is hot neces reached herein: I t is ordered, That this conclusion that it would be preferable sary, therefore, to give separate con proceeding is terminated, including that not to adopt even the compromise in sideration to this petition. portion of this proceeding concerning crease contemplated in our Report and 49. On November 9, 1955, Scharfeld amendment of the rules governing max Order of July 20,1955. In reaching this and Baron of Washington, D. C., filed a imum antenna heights and powers in decision, the Commission has borne in petition proposing that channel assign Zone I, which was formerly considered mind not only the possible impact of the ments be made on the basis of individual under Docket No. 11181. change on UHP stations in Zone I, but applications rather than under a fixed (Sec. 4, 48 Stat. 1066, as amended; 47 U. S. C. also the needless burdens which would be Table of Assignments. The Commission 154. Interprets or applies sec. 303, 48 Stat. thrust on VHP stations, which would be ‘has given careful consideration to this 1082, as amended; 47 U. S. C. 303) faced with the alternatives of sustaining proposal, but is not persuaded that it Adopted: June 25,1956. increased interference from co-channel would be in the public interest to aban stations taking advantage of the pro don the Table of Assignments at this Released: June 26, 1956. posed rule change, or of increasing the time. Before the Sixth Report and Order F ederal C ommunications heights of their own antennas in order was adopted the Commission considered C o m m is s io n ,8 to offset it. Owing to the added cost, proposals to assign television channels local zoning restrictions and air space [ s e a l ! M a r y J a n e M o r r is, on the basis of individual applications. Secretary. considerations not all VHP stations in It was decided, however, for reasons set Zone I would find it possible to increase out in that document, that it would be The accompanying Tables, which have their antenna heights. Thus this pro preferable to establish a table of assign been drawn up on the basis of new propa posal would tend to unbalance the estab ments subject to modification through gation data,1 provide the basis fpr de lished pattern of VHP service in Zone I, rule making proceedings. Although not termining the Grade B service contours a result which would not be justified by all the reasons given at that time are of television stations in the presence of the extension of service areas which the applicable now to the full extent they noise and co-channel interference. amendment might make possible in a were in 1952, when a large backlog of ap In order that rapid determinations relatively few cases. plications would have rendered the ap may be reached, an abbreviated method 45. In our Memorandum Opinion and plication basis almost unmanageable, the is to be used in employing the Tables. In Order adopted December 14, 1955, we Commission hesitates to discard the table . constructing the Tables it has been as listed five petitions which related directly and thereby incur delays which may oc sumed that a contour which reflects the to the matters under review in the gen cur in cases where applications propose effect of each interfering station sep eral television allocation and which we conflicting assignments. Moreover, re arately will approximate that derived announced we would, accordingly, con tention of the present system of fixed from computing the simultaneous effect sider in these proceedings. It is now assignments subject to modification in of several interfering signals since the appropriate to consider these petitions rule making proceedings is desirable for interference from the nearest station in the light of the decisions reached implementation of the policies adopted will predominate. herein. The petition filed April 18,1955, in this Report and Order. „ The Tables are based on new minimum by Albert J. Balusek of San Antonio, 50. In our Further Report and Order local field intensities of 35, 44, and 53 Texas, has already been disposed of. adopted in this proceeding on November dbu in the presence of noise for low VHP, The remaining four are dealt with in 30,1955, the Commission gave notice that high VHP and UHF, respectively, and on the succeeding paragraphs. it would consider herein the petition a maximum receiving antenna discrimi 46. On June, 21, 1955, the UHF In which Northern Pacific TV Corporation nation of 6 db for VHF and 13 db for dustry Coordinating Committee re of Spokane, Washington, filed op No UHP. These new figures are employed quested that the Commission amend the vember 17, 1954, requesting the amend rules so as to permit the authorization ment of § 3.614 (b) of the rules so as to f See “Present Knowledge of Propagation in of VHP stations on a case-to-case basis permit stations operating on Channels the VHP and UHP TV bands,” W. C. Boese at lower separations than are permitted 2-6 in Zone H to operate with maximum and H. Pine TRR 2.4.15, November 15, 1955. 8 Concurring statements of Commissioners at present. Whether such authoriza power of 100 kw irrespective of antenna Hyde, Webster, Bartley and Mack and dis tions were processed on a case-to-case height. On the basis of careful consid senting statement of Commissioner Doerfer basis or on the basis of a general reduc eration of this proposal the Commission filed as part of original document. Wednesday

Maximum Power in Kilowatts Maximum Power in Kilowatts , , y 4 1956 4, ly u J EEA RGSE 4965 REGISTER FEDERAL

Figure 3 Figure 4 in light of experience and improvement gain for high VHP, and a 5 db improve sumptions and on 90 percent service time between co-channel stations in order in the art since the Sixth Report and ment in the receiver noise figure and a probability. that their Grade B contours will be lim Order. They represent the following 2 db improvement in transmission line Table I gives the distance of a tele ited by noise only. When stations are changes from the values employed at the loss for UHF. Maximum power for VHP vision station’s signal as limited by noise spaced at distances less than those indi time of the Sixth Report and Order. A stations, 1,000 kw for UHF stations and for 50 percent and 70 percent of the cated, their service areas will be limited 6 db improvement in the receiver noise 1,000 foot transmitting antenna heights locations for the low band VHP, high by the resulting interference. figure for low VHP, a 4 db improvement have been assumed in compiling the band VHP and UHF in the presence of Table II I gives the point, on a direct in the receiver noise figure and a 3 db Tables. All of the data underlying the noise only. line between stations, at which Grade B improvement in the receiving antenna Tables are based on the foregoing as Table II gives the minimum spacing service will be limited by co-channel in- 4966 RULES AND REGULATIONS

diagram. In the example d2 is 208 miles. These points will be positioned sym metrically with relation to the point already determined above and will indi cate where noise will limit service to 70 percent of the locations and the inter fering signal will limit service to 70 per cent o r the locations. The cumulative effect would thus be a limitation of serv ice to 50 percent of the locations. The Grade B contour of Station A as limited by noise, and interference from Station B will be determined by an arc of a circle drawn through the three points which have been located. The above procedure should be repeated for Station C. The Grade B contour limitations for Station A are shown in the figure as indicated by the arrows.

T able I—Distance to N oise L imited Contour foe L ocations Indicated

Low High UHF VHF VHF

Mile* M iles M iles 78 70 49 71 66 45

T able IT—Minimum Spacing Required so That Grade B Service Contour Is L imited by N oise Only

Low High UHF VHF VHF

M iles M iles Miles Offset______271 247 ' 165 364 326 239

T able III—Distance (di in M iles) to Grade B Interference Free Service Contour in the Direction of an I nterfering Station at Spacing I ndicated

Low VH F High V H F U H F Spacing (miles) - Non Non Non 1 i i i i I — I - I______I------—i------1 Offset Offset Offset So O SO /oo /SO Zoo ZSo offset offset offset Scale in. Miles. 100...... 26.5 31.0 37.0 110...... 30.0 34.0 40.5 225 miles from Station C. Station B is 120...... 32.5 37.5 43.0 terference on the basis of the single sta 130...... 35.5 40.0 45.0 tion method of computation.2 Linear 290 miles from Station C. The prob 140...... 38.5 43.0 47.0 interpolations may be used for distances lem is to determine the limitations of 150...... 41.0 46.0 48.0 155...... 49.0 between those listed. the Grade B contour of Station A in the 160...... 44.0 48.5 Table IV gives the radii of the inter presence of noise and the interfering 170...... 47.0 51.0 180...... 50.0 53.5 fering signals which reduce the 70 per signals from Stations B and C. 190...... 52.5 56.5 41.5 cent noise limitation to an overall Prom Table I draw the 50 percent and 200...... 55.5 37.5 58.5 42.5 | 43.0 limitation of 50 percent. 70 percent location contours as limited 210...... 58.5 40.0 61.0 45.5 44.5 220...... 61.5 42.5 63.5 48.0 46.5 The following example explains how by noise. These are found to be circles 230...... 64.5 45.0 66.0 51.0 48.0 the tables should be used: of 78 and 71 mile radii, respectively. The 240...___ 67.5 48.0 68.5 53.5 49.0 250...... 70.5 50.5 70.0 55.0 Consider three co-channel TV stations contour limitation of Station A in the 260...... 74.0 53.0 57.0 in the low VHP band: Stations A, B and direction of Station B can be obtained 270...... 77.5 55.5 59.0 280...... 78.0 57.5 61.0 C (see fig. 1). The stations are offset. by finding from Table III the distance to 290 ...... 60.0 63.0 Station A is 180 miles from Station B and the interference-free Grade B contour 300...... 62.0 65.0 di for a spacing of 180.miles for low VHP 310...... 65.0 67.0 320...... 67.0 69.0 * The figures in the Table were computed stations operating on an offset basis. 330...... 69.0 70.0 by obtaining the point on a line between This contour is found to fall 50 miles 340...... 72.0 stations at which the desired field exceeds 350...... 74.0 from Station A, and this point should be 360...... 77.0 the undesired by the required ratio. This plotted on a line between Stations A and 370...... 78.0 does not give the precise point at which B. Grade B service is limited since receiver noise factor is not considered. In dealing with Two additional points should now be T able IV —Distance (dj) From Undesired Station located to determine the limitation of the at W hich Interfering Signal W ill R educe the stations in the low VHP band, it would be 70% L ocation N oise Limitation of D esired Sta necessary to consider nonoffset stations ^is far Grade B contour of Station A in the tion to an Overall Grade B Limitation removed as 650 miles in order to take noise presence of noise and interference from also into account. When using the simple Station B. These additional two points Low High UHF method employed here for the spacings usu may be located from Table IV. Prom VHF VHF ally encountered the results may place the this Table find the pertinent distance service contours from 1 to 4 miles beyond M iles M iles Miles the actual figure that will be obtained if d2. The required points will be this dis Offset__ 208 188 124 noise were also taken into account. Never tance from Station B— the undesired Nonoffse.t _ 307 274 210 theless, we believe the suggested method af station—and will lie on the 70 percent fords results of sufficient accuracy for present location noise-limited contour®of Sta [P. R. Doc. 56-5213; Filed, July 3, 1956; purposes. tion A, i. e., at points x and y in the 8:45 a. m.J Wednesday, July 4, 1956 FEDERAL REGISTER 4967

Since Immediate action Is necessary, (Sec. 1, 43 Stat. 464, as amended; 48 U. S. C. TITLE 49— TRANSPORTATION ) notice and public procedure on these 221 J o h n L. F a r l e y , Chapter I— Interstate Commerce amendments are impracticable (60 Stat. Commission Director. 237; 5 U. S. C. 1001 et seq.) and they J u l y 2,1956. [Service Order 897, Arndt. 4] shall become effective immediately upon [F. R. Doc. 56-5358; Piled, July 2, 1956; P art 97—R o u t in g publication in the F ederal R eg iste r . 2:46 p. m.J CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY CO. At a session of the Interstate Com merce Commission, Division 3, held at its office in Washington, D. C., on the PROPOSED RULE MAKING 28th day of June 1956. Upon further consideration of Serv ice Order No. 897 (19 P. R. 3762; 20 F. R. DEPARTMENT OF AGRICULTURE the quota in excess of 1,800,000 short 4, 4688; 20 P. R. 9825), and good cause tons, raw value. appearing therefor: It is ordered, that: Commodity Stabilization Service 2. The limiting of marketings of each Section 97.897 Service Order No. 897 processor to permit an appropriate dis be, and it is hereby amended by substi [ 7 CFR Part 814 3 tribution of the 1956 sugar quota for the Domestic Beet Sugar Area in the tuting the following paragraph (g) for [Hearing Clerk Docket No. SH-145 [ paragraph (g) thereof: event of any decreases in that part of the quota in excess of 1,800,000 short tons, (g) Expiration date. This order shall A l l o t m e n t o f 1956 S ugar Q u o t a for D o m e s t ic B eet S ugar A rea raw value. expire at 11:59 p. m., December 31, 1956, A t the hearing, the Department of Ag unless otherwise modified, changed, sus NOTICE OF REOPENED HEARING riculture will propose (1) that the in pended, or annulled by order of this crease of 63,731 short tons, raw value, Pursuant to the provisions of the Sugar Commission. in the 1956 sugar quota for the Domestic Effective date. This amendment shall Act of 1948 as amended (61 Stat^922, Beet Sugar Area, and any further in become effective at 11:59 p. m., June 30, as amended by 65 Stat. 318,7 U. S. C. 1100 creases or reductions of that part of the 1956. et seq.) hereinafter referred to as the quota in excess of 1,800,000 short tons,) “ act”, the 1956 quota for the Domestic raw value, be allotted in the manner It is further ordered, that copies of this Beet Sugar Area as established by Sugar order and direction shall be served upon proposed by the industry and set forth Regulation 811 (20 F. R. 9848) amount in Exhibit 6 of the record of the proceed the Nebraska State Railway Commission ing to 1,800,000 short tons, raw value, and upon the Association of American ing identified as Hearing Clerk Docket was allotted in Sugar Regulation 814.32, No. SH-145, and (2) that marketings of Railroads, Car Service Division, as agent Amendment 1 (21 F. R. 2589). There of the railroads subscribing to the car each allottee be limited to 98% of its after, the act was amended by Public allotment through November 30, 1956 service and per diem agreement under Law 545, 84th Congress, approved May the terms of that agreement; and that and that after that date, total market 29, 1956, which provided, among other ings of each allottee in the calendar year notice of this order shall be given to the things, for increases in the quota for the general public by depositing a copy in the 1956 shall not exceed its allotment for Domestic Beet Sugar Area above the such year. office of the Secretary of the Commission previously fixed level of 1,800,000 tons, at Washington, D. C., and by filing it with when total sugar requirements exceed Issued at Washington, D. C., this 28th the Director, Division of the Federal 8,350,000 short tons, raw value. In ac day of June 1956. Register. cordance therewith, Sugar Regulation [ s e a l ] T r u e D. M o r se , (Sec. 12, 24 Stat. 383, as amended; 49 U. S. C. 811, Amendment 2 (21 F. R. 4653), effec 12. Interprets or applies sec. 1, 24 Stat. 379, Acting Secretary of Agriculture. as amended; sec. 15, 24 Stat. 384, as amended; tive June 27, 1956 increased the 1956 [F. R. Doc. 56-5295; Piled, July 3, 1956; 49 U. S. C. 1, 15) quota for the area by 63,731 short tons, raw value, to total 1,863,731 short tons, 8:49 a. m.j By the Commission, Division 3. raw value. [ seal] H arold D. M cC o y , In view of such increase in the 1956 - Secretary. sugar quota for the Domestic Beet Sugar [P. R. Doc. 56-5322; Piled, July 3, 1956; Area and to provide a basis for the allot [ 7 CFR Part 814 3 8:54 a. m.] ment thereof and any further changes [Hearing Clerk Docket No. SH-144] in such quota, it is necessary to reopen the record and hearing in the proceed A l l o t m e n t o f 1956 S ugar Q u o t a for TITLE 50— WILDLIFE ings pertaining to the allotment of such M a in l a n d C a n e S ugar A rea Chapter I— Fish and Wildlife Service, quotsridentified as Hearing Clerk Docket Department of the Interior No. SH-145, to permit evidence, limited n o t ic e o f r eo pened h e a r in g to the subjects and issues hereinafter Subchapter F— Alaska Commercial Fisheries Pursuant to the provisions of the stated, to be introduced into such record. Sugar Act of 1§48 as amended (61 Stat. P art 104— B r ist o l B a y A rea Accordingly, pursuant to section 205 of 318, 7 U. S. C. 1100 et seq.) hereinafter P art 107— C h i g n ik A rea the act (62 Stat. 926, as amended by sec. referred to as the “act” and in accord w e e k l y clo sed pe r io d s 10, Pub. Law 545, 84th Cong.) and in ance with the applicable rules of prac Basis and purpose. In compliance accordance with the applicable rules of tice anil procedure (7 CFR 801.1 et seq.) With paragraph (c) of § 104.5, an practice and procedure (21 F. R. 4251) a notice of hearing was issued (20 F. R. nouncement is made that registrations notice is hereby given that a public hear 10167) and a hearing was held to receive of units of gear by districts in Bristol ing will be held in Room 2W, Adminis evidence for the allotment of the 1956 Bay for the week ending July 7 were tration Building, United States Depart sugar quota for the Mainland Cane as follows: ment of Agriculture on July 16, 1956 Sugar Area. Thereafter, the act was 1. Nushagak district, 270 units; Nak- beginning at 10:30 a. m., e. d. t. amended by Public Law 545, 84th Con nek-Kvichak district, 276 units; Egegik The scope of such hearing will be lim gress, approved May 29,1956, which pro district, 99 units; Ugashik district, 45 ited to the presentation of evidence rele vided, among other things, for increases units. vant and pertinent to the following sub in the quota for the Mainland Cane 2. On the basis of improved runs in jects and issues. Sugar Area above the previously fixed the Chignik area, it has been determined 1. The allotment, in accordance withlevel of 500,000 tons, when total sugar that additional fishing time can be per section 205 of the act, of the increase of requirements exceed 8,350,000 short tons, mitted. Accordingly, § 107.3 is amended 63,731 short tons, raw value, in the 1956 raw value. In accordance therewith, in paragraph (b) by deleting “Tuesday” sugar quota for the Domestic Beet Sugar Sugar Regulation 811, Amendment 2, (21 ^nd substituting in lieu thereof Area and the allotment of any further F. R. 4653) effective June 27, 1956 in "Wednesday.” increases or reductions of that part of creased the 1956 quota for the area by No. 129------4 4968 PROPOSED RULE MAKING

60.019 short tons, raw value, to total of a merger, consolidation, transfer of sugar communities. As a part of this interim 560.019 short tons, raw value. processing facilities, or other action of simUar program of channel reassignments and effect upon the allottees or persons involved, in accordance with the general objectives In view of such increase in the 1956 and upon relinquishment by one of the al sugar quota for the Mainland Cane lottees of all or a portion of its allotment. outlined in the above Report and Order, Sugar Area and to provide a basis for the the Commission is proposing the follow allotment thereof and any further Issued at Washington, D. C., this 28th ing channel changes: changes in such quota, it is necessary to day of June 1956. reopen the record and hearing in the [ s e a l ] T r u e D. M or se, Channel No. proceedings pertaining to the allotment Acting Secretary of Agriculture. City of such quota identified as Hearing Clerk Present Proposed Docket No. SH-144, to permit evidence, [P. R. Doc. 56-5296; Piled, July 3, 1956; 8:50 a. m.] limited to the subjects and issues herein 1 2, 20, *6& 20, 39, ‘66 after stated, to be introduced into such 4,5, *9,11, 2, 4, 5, ‘9, record. Accordingly, pursuant to section 30, 36, 42 11, 30,36,42 FEDERAL COMMUNICATIONS 63 49 205 of the act (62 Stat. 926, as amended by section 10, Pub. Law 545, 84th Cong.) COMMISSION (Offset carrier designations for the various channels and in accordance with the applicable will be specified in the final Report and Order.) rules of practice and procedure (21 P. R. [ 47 CFR Part 2 1 4251) notice is hereby given that a pub [Docket No. 11703] 3. Any interested party who is of the lic hearing will be held in Room 2W, view that the proposed amendments F ix e d S e r vic e U t il iz in g T ropospheric Administration Building, United States should not be adopted, or should not be S catter T e c h n iq u e s Department of Agriculture on July 16, adopted in the form set forth herein, may 1956 beginning at 9:30 a. m., e. d. S. t. EXTENSION OF TIME TO FILE COMMENTS file with the Commission on or before September 10, 1956, a written statement The scope of such hearing will be In the matter of amendments of Part 2 setting forth his comments. Comments limited to the presentation of evidence of the Commission’s rules to provide spe supporting the proposed amendments relevant and pertinent to the following cifically for the fixed service utilizing may also be filed on or before the same subjects and issue: tropospheric scatter techniques. 1. The allotment, in accordance with 1. The Commission having under condate. Comments in reply to original comments may be filed within 15 days section 205 of the act, of the increase of sideration the request filed in the above from the last date for filing said original 60.019 short tons, raw value, in the 1956 entitled proceeding by the Radio-Elec comments. No additional comments may sugar quota for the Mainland Cane tronics-Television Manufacturers As be filed unless (1) specifically requested Sugar Area and the allotment of any sociation (RETM A) requesting an ex by the Commission or (2) good cause for further increases or reductions of that tension of time from July 1, 1956, to the filing of such additional comments part of the quota in excess of 500,000 January 2, 1957, in which to file com is established. short tons, raw value. ments to the Commission’s Notice of 2. The limiting of marketings of each Proposed Rule Making in this Docket; 4. Parties submitting comments in this processor to permit an appropriate dis proceeding are requested to direct their 2/ It appearing that good and sufficient attention to the matters discussed in tribution of the 1956 sugar quota for the reasons have been advanced by the Mainland Cane Sugar Area in the event paragraph 31 of the Commission’s Re RETTMA in its request for an extension port and Order issued today in Docket of any decreases in that part of the quota of time in which to file comments, and in excess of 500,000 short tons, raw value. No. 11532. All data indicating television that the public interest would be served coverage should be filed in accordance At the hearing, the Department of by a grant of that request; Agriculture will propose (1) that the with the procedures specified in para 3. I t is ordered, That the time for filinggraphs 38-40 of the above Report and increase of 60,019 short tons, raw value, comments in the above entitled proceed in the 1956 sugar quota for the Mainland Order. ing is hereby extended from July 1, 1956, 5. Authority for the adoption of the Cane Sugar Area, and any further in to January 2,1957. creases or reductions of that part of the amendments proposed herein is con quota in excess of 500,000 short tons, raw Adopted: June 27,1956. tained in sections 1, 4 (i) and (j), 301, 303 (a), "(b), (c), (d), (e), (f), (g), (h) value, be allotted in the same manner Released: June 28,1956. as finally adopted for the allotment of and (r) and 307 (b) of the Communica the 500,000 tons pursuant to the record F ederal C ommunications tions Act of 1934, as amended, and sec of the hearing held in this proceeding C o m m is s io n , tion 4 of the Administrative Procedure identified as Hearing Clerk docket No. [ s e a l ] M a r t Ja n e M o r r is, Act. 144, and (2) that marketings of each al Secretary. 6. In accordance with the provisions of lottee be limited to 95 percent of its al [P. R. Doc. 56-5316; Piled, July 3, 1956; § 1.764 of the rules, an original and 14 lotment through November 30, 1956 and 8:53 a. m.} copies of all written comments shall be that after that date, total marketings of furnished the Commission. each allottee in the calendar year 1956 Adopted: June 25,1956. shall not exceed its allotment for such year. t 47 CFR Part 3 1 Released: June 26, 1956. It also will be appropriate at the hear [Docket No. 11747; FCC 56-588] F ederal C ommunications ing to present evidence of any corporate C o m m is s io n ,1 T e l e v is io n B roadcast S t a t io n s ; Sp r in g - merger or consolidation or of any trans [ s e a l ] M a r t Ja n e M o r r is, f ie l d , I I I ., S t . L o u is, M o . fer of sugar-processing facilities on the Secretary. basis of which the Secretary may attrib TABLE OF ASSIGNMENTS ute the production, marketing and in [F. R. Doc. 56-5214; Piled, July 3, 1956; In the matter of amendment of § 3.606 8:45 a. m .] ventory history of one processor to Table of Assignments, Television Broad another and establish allotments accord cast Stations ,(Springfield, 111.-St. Louis, ingly or may permit marketings to be Mo.). made by one allottee, or other person, 1. Notice is hereby given of rule mak [ 47 CFR Part 3 1 within the allotment of another. A ing in the above-entitled matter. Government witness will propose that a 2. The Commission today adopted a [Docket No. 11748; PCC 56-589} paragraph be included in the allotment Report and Order in its general television order as follows: T e l e v is io n B roadcast S t a t io n s ; H art allocation proceeding in Docket No. ford, C o n n ., P r o v id e n c e , R. L The Director of the Sugar Division, Com 11532, outlining a long-range program modity Stabilization Service, o f the Depart designed to improve the television allo TABLE OF ASSIGNMENTS ment, may, consistent with the provisions cation structure and at the. same time . and objectives of the Sugar Act, permit In the matter of amendment of § 3.606 marketings to be made by one allottee, or specifying the bases on which it would Table of assignments, Television Broad- other person, within the allotment or por consider channel changes in the interim tion thereof established for another allottee with the view to improving the immedi 1 Commissioners Doerfer and Mack dissent upon receipt of evidence satisfactory to him ate television situation in individual ing. y* Wednesday, July 4, 1956 FEDERAL REGISTER 4969 cast Stations (Hartford, Connecticut- 7. In accordance with the provisions of may file with the Commission on or Providence, Rhode Island). § 1.764 of the rules, an original and 14 before September 10, 1956, a written 1. Notice is hereby given of rule makcopies of all written comments shall be statement setting forth his comments. ing in the above-entitled matter. furnished the Commission. Comments supporting the proposed amendments may also be filed on or be ■ 2. The Commission today adopted a Adopted: June 25, 1956. Report and Order in its general televi fore the same date. Comments in reply sion allocation proceeding in Docket No. Released: June 26, 1956. to original comments may be filed within 11532, outlining a long-range program 15 days from the last date for filing said F ederal C ommunications original comments. No additional com-, designed to improve the television allo C o m m is s io n ,1 cation structure and at the same time ments may be filed unless (1) specifically [ s e a l ] M a r y Ja n e M o r r is, requested by the Commission or (2) good specifying the bases on which it would Secretary. consider channel changes in the interim cause for the filing of such additional [F. R. Doc. 56-5215; Filed, July 3, 1956; comments is established. with the view to improving the imme 8:45 a. m.] diate television situation in individual • 5. Parties submitting comments in communities. As a part of this interim this proceeding are requested to direct program of channel reassignments and their attention to the matters discussed in paragraph 31 of the Commission’s Re in accordance with the general objec [ 47 CFR Part 3 1 tives outlined in the above Report and port and Order issued today in Docket Order, the Commission is proposing the [Docket No. 11749; FCC 56-590] No. 11532. All data indicating television following channel' changes: coverage should be filed in accordance T e l e v is io n B roadcast S t a t io n s ; P eo r ia , with the procedures specified in para I I I . , D a v e n po r t , I o w a -R o c k I s l a n d - graphs 38-40 of the above Report and Channel No: M o l in e , I I I . Order. City TABLE OF ASSIGNMENTS 6. Authority for the adoption of the Present Proposed amendments proposed herein is con In the matter of amendment of § 3.606 tained in sections 1? 4 (i) and (j), 301, Hartford, Conn______.... ----- 3,18, *24 18, *24,61 Table of Assignments, Television Broad 65 303 (a), (b), (c), (d), (e), (f), (g), (h) 61 cast Stations (Peoria, Illinois, Daven and (r) and 307 (b) of the Communica Providence, R. I______10, 12, 16, 3,10,12,16, port, Iowa-Rock Island-Moline, Illinois. tions Act of 1934, as amended, and sec *36 *36 1. Notice is hereby given of rule mak tion 4 of the Administrative Procedure ing in the above-entitled matter. Act. (Offset carrier designations for the various channels 2. The Commission today adopted a will be specified in the final Report and Order.) 7. In accordance with the provisions Report and Order in its general televi of § 1.764 of the rules, an original and 3. In accordance with the policies sion allocation proceeding in Docket No. 14 copies of all written comments shall adopted in the Commission's Report and 11532, outlining a long-range program be furnished the Commission. Order issued today in Docket No. 11532,. designed to improve the television allo Channel 3 is being proposed for Provi cation structure and at the same time Adopted: June 25,1956. dence even though*the minimum spacing specifying thè bases on which it would Released : June 26,1956. from the city would not be met. How consider channel changes in the interim F ederal C ommunications ever, as noted in the above Report and with the view to improving the imme C o m m is s io n ,1 * Order, in the utilization of Channel 3, diate television situation in individual [ s e a l ] M a r y Ja n e M o r r is, the transmitter will have to be located communities. As a part of this interim Secretary. so as to meet the minimum transmitter program of channel reassignments and spacing requirement. in accordance with the general objectives [F. R. Doc. 56-5216; Filed, July 3, 1956; 4. Any interested party who is of the outlined in the above Report and Order, 8:46 a. m.] view that the proposed amendments the Commission is proposing the follow should not be adopted, or should not be ing channel changes: adopted in the form set forth herein, may file with the Commission on or be Channel No. [ 47 CFR Part 3 1 fore September 10,1956, a written state City [Docket No. 11750; FCC 56-591] ment setting forth his comments. Com Present Proposed ments supporting the proposed amend T e l e v is io n B roadcast S t a t io n s ; N o r ments may also be filed on or before the 40 77 f o l k , P o r t s m o u t h , N e w p o r t N e w s , same date. Comments in reply to orig 8,19, *37,43 19,25, *37,43 V a., and N e w B e r n , N. C. inal comments may be filed within 15 0) 8 days from the last date for filing said TABLE OF ASSIGNMENTS original comments. No additional com > See Davenport, Iowa. ments may be filed unless (1) specifically (Offset carrier designations for the various channels In the matter of amendment of § 3.606 requested by the Commission or (2) good will be specified in the final Report and Order.) Table of Assignments, Television Broad cause for the filing of such additional 3. In accordance with the policies cast Stations (Norfolk-Portsmouth-New- comments is established. adopted in the Commission’s Report and port News, Virginia and New Bern, North 5. Parties submitting comments in this Order issued today in Docket No. 11532, Carolina). Proceeding are requested to direct their Channel 8 is being proposed for Rock 1. Notice is hereby given of rule mak attention to the matters discussed in Island even though the minimum spac ing in the above-entitled matter. paragraph 31 of the Commission’s Report ing from the city would not be met. 2. The Commission today adopted a and Order issued today in Dpcket No. However, as noted in the above Report Report and Order in its general tele 11532. All data indicating television and Order, in the utilization of the chan vision allocation proceeding in Docket coverage should be filed in accordance nel the transmitter will have to be lo No. 11532, outlining a long-range pro with the procedures specified in para cated so as to meet the minimum spacing gram designed to improve the television graphs 33-40 of the above Report and requirements. allocation structure and at the same time Order. 4. Any interested party who is of the specifying the bases on which it would 6. Authority for the adoption of the view that the proposed amendments consider channel changes in the interim amendments proposed herein is con should not be adopted, or should not be with the view to improving the immedi tained in sections 1, 4 (i) and (j), 301, adopted in the form set forth herein, ate television situation in individual 303 (a), (b), (c), (d), (e), (f), (g ), (h) compiunities. As a part of this interim and (r) and 307 (b) of the Communica » Commissioners McConnaughey, Chair program of channel reassignments and man, and Mack dissenting and Commissioner tions Act of 1934, as amended, and sec Doerfer dissenting and issuing a statement, tion 4 of the Administrative Procedure which is filed as part of the original docu 1 Commissioners Doerfer and Mack dis Act. * ment. senting. 4970 PROPOSED RULE MAKING in accordance with the general objectives t 47 CFR Part 3 ] graphs 38-40 of the above Report and outlined in the above Report and Order, Order. the Commission is proposing the follow [Docket No. 11751; PCC 56-592] 6. Authority for the adoption of the amendments proposed herein is con ing channel changes: T e l e v is io n B roadcast S t a t io n s ; A l b a n y , tained in sections 1, 4 (i) and (j), 301, S c h e n e c t a d y , T r o y , 1ST. Y., a n d V a il 303 (a), (b), (c), (d), (e), (f), (g ), (h) Channel No. M il l s , N . Y . City and (r) and 307 (b) of the Communica tions Act of 1934, as amended, and sec Present Proposed TABLE OF ASSIGNMENTS tion 4 of the Administrative Procedure In.the matter of amendment of § 3.606 Act. New Bern, N. C ______13 12 Table of Assignments, Television Broad N orfolk-Portsmouth-N ewport 7. In accordance with the provisions News, Va____ ■:______3,10,15, 3,10,13,15, cast Stations (Albany-Schenectady- of § 1.764 of the rules, an original and *21,33 *21,33 Troy, New York and Vail Mills, New 14 copies of all written comments shall Y o rk ). be furnished the Commission. (Offset carrier designations for the various channels 1. Notice is hereby given or rule mak ■will be specified in the final Report and Order.) ing in the above-entitled matter. Adopted: June 25, 1956. 3. In accordance with the policies 2. The Commission today adopted a Released: June 26, 1956. adopted in the Commission’s Report and Report and Order in its general televi sion allocation proceeding in Docket No. F ederal C ommunications Order issued today in Docket No. 11532, C o m m is s io n ,1 Channel 12 is being proposed for New 11532, outlining a long-range program designed to improve the television allo [ s e a l ] M a r y Ja n e M o r r is, Bern and Channel 13 for Norfolk-Ports- Secretary. mouth-Newport News even though the cation structure and at the same time minimum spacing from the city would specifying the bases on which it would [P. R. Doc. 56-5218; F^led, July 3, 1956; not be met. However, as noted in the consider channel changes in the interim 8:46 a. m.] above Report and Order, in the utiliza with the view to improving the immedi tion of the channels the transmitters will ate television situation in individual have to be located so as to meet the communities. As a part of this interim minimum spacing requirements. program of channel reassignments and [ 47 CFR Part 3 ] 4. Any interested party who is of the in accordance with the general objec [Docket No. 11752; PCC 56-5931 view that the proposed amendments tives outlined in the above Report and should not be adopted, or should not be Order, the Commission is proposing the T e l e v is io n B roadcast S t a t io n s ; N ew adopted in the form set forth herein, following channel changes: O r l e a n s , L a .-M o b il e , A l a . may file with the Commission on or be TABLE OF ASSIGNMENTS fore September 10,1956, a written state Channel No. In the matter of amendment of § 3.606 ment setting forth his comments. Com City Table of assignments, Television Broad ments supporting the proposed amend Present Proposed cast Stations (New Orleans, Louisiana- ments may also be filed on or before the Mobile, Alabama). same date. Comments in reply to origi Albany - Schenectady - Troy, N , Y ... ___ 6, *17, 23, 6, *17, 23, 1. Notice is hereby given of rule mak nal comments may be filed within 15 days 35,41 35,41,47 from the last date for filing said original ing in the above-entitled matter. Vail Milla N V 10 2. The Commission today adopted a comments. No additional comments may be filed unless (1) specifically re Report and Order in its general televi (Offset carrier designations for the various channels sion allocation proceeding in Docket No. quested by the Commission or (2) good will be specified In the final Report and Order.) 11532, outlining a long-range program cause for the filing of such additional designed to improve the television allo comments is established 3. In accordance with the policies adopted in the Commission’s Report and cation structure and at the same time 5. Parties submitting comments in this Order issued today in Docket No. 11532, specifying the bases on which it would proceeding are requested to direct their Channel 47 is being proposed for Albany- consider channel changes in the interim attention to the matters discussed in Schenectady-Troy even though the mini with the view to improving the immedi paragraph 31 of the Commission’s Re mum city-to-city spacing would not be ate television situation in individual port and Order issued today in Docket met. However, as noted in the above communities. As a part of this interim No. 11532. All data indicating television Report and Order, in the utilization of program of channel reassignments and coverage should be filed in accordance Channel 47 the transmitter will have to in accordance with the general objec with the procedures specified in para be located so as to meet the minimum tives outlined in the above Report and graphs 38-40 of the above Report and spacing. Order, the Commission is proposing the Order. 4. Any interested party who is of the following channel changes: 6. Authority for the adoption of the view that the proposed amendments amendments proposed herein is con should not be adopted, or should not be Channel No. tained in sections 1, 4 (i) and (j), 301, adopted in the form set forth herein, 303 (a), (b), (c), (d), (e), (f), (g), (h), City may file with the Commission on or be Present Proposed and (r) and 307 (b) of the Communica fore September 10, 1956, a written state tions Act of 1934, as amended, and sec ment setting forth his comments. Com 5,10, *42,48 4,5,10, *48 tion 4 of the Administrative Procedure ments supporting the proposed amend 4,6, *8, 20, 6, *8,20,26, Act. ments may also be filed on or before the 26,32,61 32,42,61 7. In accordance with the provisions of same date. Comments in reply to orig § 1.764 of the rules, an original and 14 inal comments may be filed within 15 (Offset carrier designations for the various channels copies of all written comments shall be days from the last date for filing said will be specified in the final Report and Order.) furnished the Commission. original comments. No additional com 3. In accordance with the policies ments may be filed unless (1) specifically Adopted: June25,1956. adopted in the Commission’s Report and requested by the Commission or (2) good Order issued today in Docket No. 11532, Released: June 26,1956. cause for the filing of'such additional Channel 4 is being proposed for Mobile F ederal C ommunications comments is established. even though the minimum spacing from C o m m is s io n ,1 5. Parties submitting comments in this the city would not be met. However, as proceeding are requested to direct their noted in the above Report and Order, in [ s e a l ] M a r y J a n e M o r r is, the utilization of Channel 4 the trans Secretary. attention to the matters discussed in paragraph 31 of the Commission’s Re mitter will have to be located so as to meet the minimum spacing require [F. R. Doc. 56-5217; Filed, July 3, 1956; port and Order issued today in Docket 8:46 a.m .] ments. No. 11538. All data indicating television 1 Commissioners Hyde, Webster, and Mack coverage should be filed in accordance 1 Commissioners McConnaughey, Chair dissenting. with the procedures specified in para man; Doerfer and Mack dissenting. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4971

4. Any interested party who is of the the Commission is proposing the follow specifying the bases on which it would view that the proposed amendments ing channel changes: consider channel changes in the interim should not be adopted, or should not be with the view to improving the imme adopted in the form set forth herein, may Channel No. diate television situation in individual file with the Commission on or before City communities. As a part of this interim September 10, 1956, a written statement Present Proposed program of channel reassignments and setting forth his comments. Comments in accordance with the general objectives outlined in the above Report and Order, supporting the proposed amendments 2, 5, *13,17 2,4,5, *13,17 may also be filed on or before the same the Commission is proposing the follow ing channel changes: date. Comments in reply to original (Offset carrier designations for the various channels comments may be filed within 15 days will be specified in the final Report and Order.) from the last date for filing said original Channel No. 3. Any interested party who is of the comments. No additional comments City view that the proposed amendment may be filed unless (1) specifically re Present Proposed quested by the Commission or (2) good should not be adopted, or should not be adopted in the form set forth herein, cause for the filing of such additional 3, *21,27,33 *3,21,27,33 comments is established. may file with the Commission on or be fore September 10, 1956, a written state 5. Parties submitting comments in this (Offset carrier designations for the various channels proceeding are requested to direct their ment setting forth his comments. Com will be specified in the final Report and Order.) attention to the matters discussed in ments supporting the proposed amend paragraph 31 of the Commission’s Re ment may also be filed on or before the ‘3. Any interested party who is of the port and Order issued today in Docket same date. Comments in reply to origi view that the proposed amendment No. 11532. All data indicating televi nal comments may be filed within 15 should not be adopted, or should not be sion coverage should be filed in accord days from the last date for filing'said adopted in the form set forth herein, may ance with the procedures specified in original comments. No additional com file with the Commission on or before paragraphs 38-40 of the above Report ments may be filed unless (1) specifically September 10, 1956, a written statement and Order. requested by the Commission or (2) good setting forth his comments. Comments 6. Authority for the adoption of the cause for the filing of such additional supporting the proposed amendment amendments proposed herein is con comments is established. may also be filed on or before the same tained in sections, 1, 4, (i) and (j), 301, 4. Parties submitting comments in this date. Comments in reply to original 303 (a), (b), (c), (d ), (e), (f), (g), (h) proceeding are requested to direct their comments may be filed within 15 days and (r) and 307 (b) of the Communica attention to the matters discussed in from the last date for filing said original tions Act of 1934, as amended, and sec paragraph 31 of the Commission’s Report comments. No additional comments may be filed unless (1) specifically re tion 4 of the Administrative Procedure and Order issued today in Docket No. Act. 11532. All data indicating television quested by the Commission or (2) good 7. In accordance with the provisions coverage should be filed in accordance cause for the filing of such additional of § 1.764 of the rules, an original and with the procedures specified in para comments is established. 4. Parties submitting comments in this 14 copies of all written comments shall graphs 38-40 of the above Report and proceeding are requested to direct their be furnished the Commission. Order. 5. Authority for the adoption of the attention to the matters discussed in Adopted: June 25,1956. amendment proposed herein is contained paragraph 31 of the Commission’s Re Released: June 26,1956. in sections 1, 4 (i) and (j), 301, 303 port and Order issued today in Docket (a), (b), (c), (d), (e ), (f), (g), (h ), No. 11532. All data indicating television F ederal C ommunications and (r) and 307 (b)' of the Communica coverage should be filed in accordance C o m m is s io n ,1 tions Act of 1934, as amended, and sec with the procedures specified in para [ seal] M a r y J a n e M o r r is, tion 4 of the Administrative Procedure graphs 38-40 of the above Report and Secretary. Act. Order. [P. R. Doc. 56-5219; Piled, July 3, 1956; 6. In accordance with the provisions 5. Authority for the adoption of the 8:46 a. m.] of § 1.764 of the rules, an original and amendment proposed herein is contained 14 copies of all written comments shall be in sections 1, 4 (i) and (j), 301, 303 (a), furnished the Commission. (b), Xc), (d), (e), (f), (g), (h) and (r) and 307 (b) of the Communications Act [ 47 CFR Part 3 3 Adopted: June 25,1956. of 1934, as amended, and section 4 of the [Docket No. 11753; PCC 56-594] Released: June26,1956. Administrative Procedure Act. 6. In accordance with the provisions of F ederal C ommunications T e le v is io n B roadcast S t a t io n s ; § 1.764 of the rules, an original and 14 C o m m is s io n , C h a r l e s t o n , S. C. copies of all written comments shall be [ s e a l ] M a r y J a n e M o r r is, furnished the Commission. t able o f assignments Secretary. Adopted: June 25, 1956. In the matter of amendment of § 3.606 [F. R. Doc.' 56-5220; Piled, July 3, 1956; Table of Assignments, Television Broad 8:46 a. m.] Released: June 26, 1956. cast Stations (Charleston, South Caro lina). F ederal C ommunications 1. Notice is hereby given of rule mak C o m m is s io n ,1 [ s e a l ] M a r y J a n e M o r r is , ing in the above-entitled matter. [ 47 CFR Part 3 3 2. The Commission today adopted a Secretary. Report and Order in its general television [Docket No. 11754; PCC 56-595] ' [P. R. Doc. 56-5221; Piled, July 3, 1956; allocation proceeding in Docket No. 8:47 a. m.] T e l e v is io n B roadcast S t a t io n s , ^ 11532, outlining a long-range program M a d is o n , W is . designed to improve the television alloca tion structure and at the same time spec TABLE OF ASSIGNMENTS [ 47 CFR Part 3 3 ifying the bases on which it would con In the matter of amendment of I 3.606 sider channel changes in the interim Table of Assignments, Television Broad [Docket No. 11755; PCC 56-596] with the view to improving the immedi cast Stations (Madison, Wisconsin). T e l e v is io n B roadcast S t a t io n s ; D u l u t h , ate television situation in individual 1. Notice is hereby given of rule mak M i n n ., S u p e r io r , W is . communities. As a part of this interim ing in the above-entitled matter. TABLE OF ASSIGNMENTS Program of channel reassignments and 2. The Commission today adopted a in accordance with the general objectives Report and Order in its general televi In the matter of amendment of § 3.606 outlined in the above Report and Order, sion allocation proceeding in Docket No. TaJble of Assignments, Television Broad- 11532, outlining a long-range program 1 Commissioners Doerfer and Mack dis designed to improve the television allo 1 Commissioners McConnaughey, Chair senting. cation structure and at the same time man; Doerfer and Mack dissenting. 4972 PROPOSED RULE MAKING cast Stations (Duluth, Minn.-Superior, [ 47 CFR Port 3 ] (b ), (c), (d), (f ), (g), (h), and (r) and W is.). 307 (b) of the Communication Act of [Docket No. 11756; FCC 56-597J 1. Notice is hereby given of rule mak 1934, as amended, and section 4 of the ing in the above-entitled matter. T e l e v is io n B roadcast S t a t io n s ; M ia m i, Administrative Procedure Act. 2. The Commission today adopted a F l a . 7. In accordance with the provisions Report and Order in its general televi of § 1.764 of the rules, an original and TABLE OF ASSIGNMENTS sion allocation proceeding in Docket No. 14 copies of all written comments shall 11532, outlining a long-range program In the matter of amendment of § 3.606 be furnished the Commission. Table of Assignments, Television Broad designed to improve the television allo Adopted: June 25,1956. cation structure and at the same time cast Stations (Miami, Florida). specifying the bases on which it would 1. Notice is hereby given of rule mak Released: June 26,1956. consider channel changes in the interim ing in the above-entitled matter. 2. The Commission today adopted a F ederal C ommunications with the view to improving the imme C o m m is s io n ,1 Report and Order in its general televi diate television situation in individual [ s e a l ] M a r y J a n e M o r r is, communities. As a part of this interim sion allocation proceeding in Docket No. Secretary. program of channel reassignments and 11532, outlining a long-range program in accordance with the general objectives designed to improve the television allo [F. R. Doc. 56-5223, Filed, July 3, 1956; outlined in the above Report and Order, cation structure and at the same time 8:47 a. m.] the Commission is proposing the follow specifying the bases on which it would ing channel changes: consider channel changes in the interim with the view to improving the immedi ate television situation in individual [ 47 CFR Part 3 1 Channel No. communities. As a part of this interim [Docket No. 11757; FCC 56-598] City program of channel reassignments and Present Proposed in accordance with the general objec T e l e v is io n B roadcast S t a t io n s ; tives outlined in the above Report and E v a n s v il l e , I n d . Duluth, Minn.-Superior, Wis. 3,6, *8,32, 3, 6, 8, *32, Order, the Commission is proposing the TABLE OF ASSIGNMENTS 38 38 following channel changes: In the matter of amendment of § 3.606 (Offset carrier designations for the various channels Table of Assignments, Television Broad will be specified in the final Report and Order.) Channel No. cast Station A (Evansville, Indiana). City 1. Notice is hereby given of rule mak 3. Any interested party who is of the Present Proposed view that the proposed amendment ing in the above-entitled matter. 2. The Commission today adopted a should not be adopted, or should not be *2,4,7, *2,4,6,7, adopted in the form set forth herein, 10,23,33 10,23,33 Report and Orderln its general television may file with the Commission on or be allocation proceeding in Docket No. fore September 10, 1956, a written state (Offset carrier designations for the various channels 11532, outlining a long-range program ment setting forth his comments. will be specified in the final Report and Order.) designed to improve the television allo cation structure and at the same time Comments supporting the proposed 3. In accordance with the policies amendment may also be filed on or be specifying the bases on which it would adopted in the Commission’s Report and consider channel changes in the interim fore the same date. Comments in reply Order issued today in Docket No. 11532, to original comments may be filed within with the view to improving the immedi Channel 6 is being proposed for Miami ate television situation m individual 15 days from the last date for filing said even though the minimum spacing from original comments. No additional com communities. As a part of this interim the city would not be met. However, as program of channel reassignments and ments may be filed unless (1) specifically noted in the above Report and Order, in requested by the Commission or (2) good in accordance with the general objectives the utilization of Channel 6, the trans outlined in the above Report and Order, cause for the filing of such additional mitter will have to be located so as to comments is established. the Commission is proposing the follow meet the minimum spacing requirements. ing channel changes: 4. Parties submitting comments in this 4. Any interested party who is of the proceeding are requested to direct their view that the proposed amendment attention to the matters discussed in should not be adopted, or should not be Channel No. paragraph 31 of the Commission’s Report adopted in the form set forth herein, may City and Order issued today in Docket No. file with the Commission on or before Present Proposed 11532. All data indicating television cov September 10, 1956, a written statement erage should be filed in accordance with setting forth his comments. Comments Evansville, Ind ...... 7,50, *56,62 *7,50,56,62 the procedures specified in paragraphs supporting the proposed amendment may 38-40 of the above Report and Order. also be filed on or before the same date. (Offset carrier designations for the various channels 5. Authority for the adoption of the Comments in reply to original comments will be specified in the final Report and Order.) amendment proposed herein is contained may be filed within 15 days from the last in sections 1, 4 (i) and (j), 301, 303 (a), 3. Any interested party who is of the date for filing said original comments. view that the proposed amendment (b), (c), (d), (e), (f), (g), (h) and (r) No additional comments may be filed un should not be adopted, or should not be and 307 (b) of the Communications Act less (1) specifically requested by the of 1934, as amended, and section 4 of adopted in the form set forth herein, may Commission or (2) good cause for the file with the Commission on or before the Administrative Procedure Act. filing of such additional comments is 6. In accordance with the provisions of September 10, 1956, a written statement established. setting forth his comments. Comments § 1.764 of the rules, an original and 14 5. Parties submitting comments in this supporting the proposed amendment may copies of all written comments shall be proceeding are requested to direct their furnished the Commission. also be filed on or before the same date. attention to the matters discussed in Comments in reply to original comments Adopted: June 25, 1956. paragraph 31 of the Commission’s Re may be filed within 15 days from the last port and Order issued today in Docket Released: June 26, 1956. date for filing said original comments. No. 11532. All data indicating television No additional comments may be filed un F ederal C ommunications coverage should be filed in accordance less (1) specifically requested by the C o m m is s io n , with the procedures specified in para Commission or (2) good cause for the [ s e a l ] M a r y Ja n e M o r r is, graphs 38-40 of the above Report and filing of such additional comments is Secretary. Order. established. 6. Authority for the adoption of the [F. R. Doc. 56-5222; Filed, July 3, 1956; amendment proposed herein is contained 1 Commissioners Webster and Mack dis 8:47 a. m .] in sections 1, 4 (i) and (j), 301, 303 (a). senting. * Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4973

4. Parties submitting comments in this may file with the Commission on or be Channel No. proceeding are requested to direct their fore September 10,1956, a written state City attention to the matters discussed in par ment setting forth his comments. Present Proposed agraph 31 of the Commission’s Report Comments supporting the proposed and Order issued today in Docket No. amendments may also be filed on or be fore the same date. Comments in reply 12, *18, 24, *18, 24, 30, 11532. All data indicating television 47, 53 47, 53 coverage should be filed in accordance to original comments may be filed within 30 59 with the procedures specified in para 15 days from the last date for filing said 3,20,26 3,12,20,26 graphs 38-40 of the above Report and original comments. No additional com Order. ments may be filed unless (1) specifically (Offset carrier designations for the various channels 5. Authority for the adoption of the requested by the Commission or (2) good will be specified in the final Report and Order.) amendment proposed herein is contained cause for the filing of such additional 3. Any interested party who is of the in sections 1, 4 (i) and (j), 301, 303 (a), comments is established. view that the proposed amendments (b), (c), (d), (e), (f), (g), (h) and (r) 4. Parties submitting comments in this should not be adopted, or should not be and 307 (b) of the Communications Act proceeding are requested to direct their adopted in the form set forth herein, may of 1934, as amended, and section 4 of the attention to the matters discussed in file with the Commission on or before Administrative Procedure Act. paragraph 31 of the Commission’s Report September 10, 1956, a written statement 6. In accordance with the provisions and Order issued today in Docket No. setting forth his comments. Comments of § 1.764 of the rules, an original and 14 11532. All data indicating television cov supporting the proposed amendments copies of all written comments shall be erage should be filed in accordance with may also be filed on or before the same furnished the Commission. the procedures specified in paragraphs date. Comments in reply to original 38-40 of the above Report and Order. Adopted: June 25,1956. comments may be filed within 15 days 5. Authority for the adoption of the from the last date for filing said original Released: June 26,1956. amendments proposed herein is con comments. No additional comments tained in sections 1, 4 (i) and (j), 301, may be filed unless (1) specifically re F ederal C ommunications 303 (a), (b), (c), (d), (e), (f), (g),‘ (h) C o m m is s io n ,1 quested by the Commission or (2) good and (r) and 307 (b) of the Communica cause for the filing of such additional [ seal] M a r y Ja n e M o r r is, tions Act of 1934, as amended, and sec Secretary. comments is established. tion 4 of the Administrative Procedure 4. Parties submitting comments in this [F. R. Doc. 56-5224; Piled, July 3, 1956; Act. proceeding are requested to direct their 8:47 a. m.] 6. In accordance with the provisions attention to the matters discussed in of § 1.764 of the rules, an original and paragraph 31 of the Commission’s Re 14 copies of all written comments shall port and Order issued today in Docket be furnished the Commission. No. 11532. All data indicating television [ 47 CFR Part 3 J Adopted: June 25, 1956. coverage should be filed in accordance with the procedures specified in para [Docket No. 11758; FCC 56-599] Released: June 26, 1956. graphs 38-40 of the above Report and T e l e v is io n B roadcast S t a t io n s ; F ederal C ommunications Order. E l m ir a , N. Y. C o m m is s io n ,3 5. Authority for the adoption of the amendments proposed herein is con TABLE OF ASSIGNMENTS [ s e a l ] M a r y Ja n e M o r r is, Secretary. tained in sections 1, 4 (i) and (j), 301, In the matter of amendment of § 3.606 303 (a), (b), (c), (d), (e), (f), (g), (h) Table of Assignments, Television Broad [P. R. Doc. 56-5225; Piled, July 3, 1956; and (r) and 307 (b) of the Communica cast Stations (Elmira, New Y o rk ). 8:47 a. m.J tions Act of 1934, as amended, and sec t. Notice is hereby given of rule mak tion 4 of the Administrative Procedure ing in the above-entitled matter. Act. 2. The Commission today adopted a 6. In accordance with the provisions Report and Order in its general televi C 47 CFR Part 3 Ì of § 1:764 of the rules, an original and 14 sion allocation proceeding in Docket No. copies of all written comments shall be 11532, outlining a long-range program [Docket No. 11759;* PCC 56-600] furnished the Commission. designed to improve the television allo cation structure and at the same time T e l e v is io n B roadcast S t a t io n s ; F r e s n o - Adopted: June 25,1956. S a n t a B arbara, C a l if . specifying the bases on which it would Released: June 26, 1956. consider channel changes in the interim TABLE OF ASSIGNMENTS with the view to improving the immedi F ederal C ommunications ate television situation in individual In the matter of amendment of .§ 3.606 C o m m is s io n ,1 Table of Assignments, Television Broad communities. As a part of this interim [ s e a l ] M a r y J a n e M o r r is, program of channel reassignments and cast Stations (Fresno-Santa Barbara, Secretary. in accordance with the general objec California). 1. Notice is hereby given of rule mak [P. R. Doc. 56-5226; Piled, July 3, 1956; tives outlined in the above Report and 8:47 a. m.] Order, the Commission is proposing the ing in the above-entitled matter. following channel changes : 2. The Commission today adopted a Report and Order in its general television allocation proceeding in Docket No. INTERSTATE COMMERCE Channel No. 11532, outlining a long-range" program COMMISSION City designed to improve the television allo Present Proposed cation structure and at the same time [4 9 CFR Part 10 1 specifying the bases on which it would Auburn. N. Y 37 consider channel changes in the interim U n if o r m S y s t e m o f A c c o u n t s for Elmira. N. Y 9,18,24 18,24,30 with the view to improving the imme R ailroad C o m p a n ie s diate television situation in individual NOTICE OF PROPOSED RULEMAKING (Offset carrier designations for the various channels will oe specified in the final Report and Order). communities. As a part of this interim program of channel reassignments and J u n e 6,1956. 3. Any interested party who is of thein accordance with the general objectives Having under consideration rear view that the proposed amendments outlined in the above Report and Order, rangement of the form of the general should not be adopted, or should not be the Commission is proposing the follow balance sheet statement prescribed for adopted in the form set forth herein, ing channel changes; railroad companies, and changes in ac count numbers, titles, and texts, neces 1 Commissioners Doerfer and Mack dis * Commissioners McConnaughey, Chair sary to implement the rearrangement, senting. man; Doerfer and Mack dissenting. the Commission has approved the modifi- 4974 PROPOSED RULE MAKING cations which are set forth below. These 742. Unamortized discount on long-term 753. Audited accounts and wages payable. changes in the form of the balance sheet debt. 754. Miscellaneous accounts payable. will, when formally ordered, have the 743. Other deferred charges. 755. Interest matured unpaid. Total other assets and deferred charges. 756. Dividends matured unpaid. effect of (1) showing the current assets Total assets. 757. Unmatured interest accrued. and the current liabilities as the first 758. Unmatured dividends declared. L iab ilitie s and Shareholders’ Eq u it y items in the list of assets and liabilities, 759. Accrued accounts payable. respectively; and (2) showing the capital CURRENT LIABILITIES 760. Taxes accrued. stock, capital surplus, and retained in 751. Loans and notes payable. 761. Other current liabilities. come, in the same group under “ Share 752. Traffic and car-service balances—-Cr. Total current liabilities. . holders Equity” at the end of the balance sheet. LONG-TERM DEBT Any interested person may on or be Total Held by or fore August 1, 1956, file with the Com issued for Company mission’s Secretary written views or 765. Funded debt unmatured______- ______arguments to be considered in this con 766. Equipment obligations______,______nection, and may request oral argument 767. Receivers’ and Trustees* securities.______. thereon. Unless otherwise decided after 768. Debt in default______consideration of representations so re 769. Amounts payable to affiliated companies______A ______ceived, and giving effect to any changes Total long-term debt (due within 1 year $______) ______found necessary because of them, it is contemplated- that this revision of the RESERVES balance sheet accounts and the form of 771. Pension and welfare reserves. balance sheet statement will become ef 772. Insurance reserves. fective January 1, 1957. 773. Equalization reserves. 774. Casualty and other reserves. [ s e a l ] H arold D . M cC o y , Total reserves. Secretary. OTHER LIABILITIES AND DEFERRED CREDITS 781. Interest in default. MODIFICATIONS 782. Other liabilities. 1. In § 10.790 Form of general balance 783. Unamortized premium on long-term debt. cancel the form of gen 784. Other deferred credits. sheet statement, 785. Accrued depreciation— Leased property. eral balance sheet statement and sub Total other liabilities and deferred credits. ^ stitute the following form for it:

A ssets shareholders’ eq u ity Total • Held by or CURRENT ASSETS Capital stock (par or stated v alu e ): issued for Company 701. Cash. 791. Capital stock issued______702. Temporary cash investments. 792. Stock liability for conversion______703. Special deposits. 793. Discount on capital stock______.____<______704. Loans and notes receivable. 705. Traffic and car-service balances— Dr. Total capital stock___■______. 706. Net balances receivable from agents and Capital surplus: conductors. 794. Premiums and assessments on capital stock______707. Miscellaneous accounts receivable. 795. Paid-in surplus______j ______708. Interest and dividends receivable. 796. Other capital surplus______'______709. Accrued accounts receivable. Total capital surplus______'______710. Working fund advances. Retained income: 711. Prepayments. 797. Retained income— Appropriated______■______712. Material and supplies. 798. Retained income—Unappropriated______713. Other current assets. Total retained income______j ______Total current assets. Total shareholders’ equity______;______SPECIAL FUNDS Total liabilities and shareholders’ equity______715. Sinking funds. 716. Capital and other reserve funds. 2. Cancel the numbers, titles and texts, ords in which this reserve is broken down 717. Insurance and other funds. of § 10.702 y2C Accrued depreciation; into components corresponding to the Total special funds. road and § 10.702 Accrued deprecia primary accounts for depreciable prop investments tion; equipment, and substitute the fol erty.' These subsidiary records shall lowing : to 721. Investments in affiliated companies. show the current debits and credits 722. Other investments. § 10.735 Accrued depreciation; road this reserve by primary accounts. 723. Reserve for adjustment of investment in and equipment, (a) This account shall 3. Cancel the numbers, titles and texts securities— Cr. be credited with amounts concurrently of § 10.702 Accrued amortization of Total investments. charged to operating expenses or other defense projects; road and § 10.702 PROPERTIES accounts to cover the loss in service value Accrued amortization of defense# proj 731. Road and equipment property. of depreciable road and equipment prop ects; equipment and substitute trie fol 732. Improvements on leased property. erty. It shall also include amounts lowing: which the Commission may authorize 733. Acquisition adjustment. § 10.736 Accrued amortization of de 734. Donations and grants—Cr. the accounting company to credit to ac fense projects; road and equipment, (a) Total transportation property. count 607, “ Miscellaneous credits,” or 735. Accrued depreciation— Road and equip charge to account 621, “ Miscellaneous This account shall include the amounts ment. debits,” or to account 733, “Acquisition of accumulated past provisions for amor 736. Accrued amortization of defense pro adjustment,” in respect to past accruals tization of road and equipment defense jects— Road and equipment. of depreciation. projects, the cost of which is included Total transportation property less recorded in account 731, “ Road and equipment depreciation and amortization. (b) At the time of the retirement of property,” or account 732, “Im prove 737. Miscellaneous physical property, each unit of depreciable property, this 738. Accrued depreciation—Miscellaneous account shall be charged with the entire ments on leased property.” This account physical property. service value of the unitYetired or minor shall be charged with the credit balance Miscellaneous physical property less item retired and not replaced. herein applicable to specific property at recorded depreciation. (c) For balance sheet purposes, this the time the property is retired. Total properties less recorded depreciation and amortization. account shall be treated as a single com (b) The accounting company shall posite reserve for property." However, maintain subaccounts separately for ac OTHER ASSETS AND DEFERRED CHARGES for purposes of analysis, the accounting crued amortization of (1) road property 741. Other assets. company shall maintain subsidiary rec and (2) equipment. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4975

4. Change the title of § 10.712 Loans (3) Amounts representing the service from the sale of damaged, unclaimed and and bills receivable, to read: “Loans and value of equipment retired which are overfreight held pending claim; credit notes receivable relatively so large that their inclusion in balances in clearing accounts, such as 5. Change the account number of the depreciation reserve would result in “Shop expenses,” “ Store expenses,” § 10.720 Working fund advances, to 710 unduly depleting the reserve. “Operating gravel pits,” and “ Operating and add the following note to the text (4) This provision covering property quarries” ; unadjusted credit items not of the account: retired is to be used only after permission otherwise provided for and similar items, of the Commission has been asked and § 10.710 Working advances. * * * the proper disposition of which is uncer given. The carrier in. its application to tain. Note: Advances to jointly owned or used the Commission shall give full particu terminal companies and other companies lor lars concerning the property retired, the 13. Change numbers of accounts as permanent working funds or capital pur amount which it is proposed to charge to follows: poses shall be included in accounts 721, In From— To— ■ vestments in Affiliated Companies, or 722, operating expenses, and the period over 701 ______731 Other Investments, as may be appropriate. which, in its judgment, the amount of such charge shall be distributed. 702 ______1______732 6. Cancel the account number, title 702% A ______733 and text of § 10.722 Other deferred as 9. Cancel the numbers, titles and texts 702 %B______734 sets, and substitute the following: of § 10.728 Securities issued or assumed; 702 % C, D ______Cancel unpledged, and § 10.729 Securities issued New account______735 § 10.741 Other assets. This account or assumed; pledged. 702 %E, F_:______Cancel shall include the estimated value of sal 10. Cancel the account number, title, New account______736 vage recoverable from property retired 703 ______..______715 and text of § 10.770 Other deferred lia 704 ______716 when the recovery of the salvage is de bilities, and substitute the following: 705 ______737 ferred for any reason; items of a current § 10.782 Other liabilities. This ac 705% ______738 character but of doubtful value; other 706 ______721 deferred assets; and assets not otherwise count shall include assessments for pub 707 ______722 provided for in general balance sheet ac lic improvements payable over a period 707%______723 counts. (See § 10.08-7 Current assets.) longer than one year; retained percent 708 ______701 ages due contractors to be paid upon 709 ______702 7. Change the account number of completion of contracts; deposits for 711 ______703 § 10.723 Prepayments, to 711 and add the construction of side tracks to be refunded 712 ______:______704 following note to the text of the account: on basis of an agreed portion of the earn, 713 ______705 ings from the traffic handled over the 714 ______I ______706 § 10.711 Prepayments. * * * 715 ______707 tracks; other deferred liabilities; and Note: Expenditures, In the nature of ad 716 ______712 ditional rental, borne .by a carrier for im liabilities not otherwise provided for in 717 ___ - ______708 provements to office buildings and other fa general balance sheet accounts. 718 ______709 cilities rented for more than one year shall N o t e : The amount of assessments for pub 719 ______713 be included in account 743, Other deferred lic improvements, if payments are to be 720 ______£ _ 710 charges. made within one year, shall be Included in 721 ______717 account 761, "Other current liabilities.” 722— ______Cancel 8. Cancel the account numbers, titles 723------711 and texts of § 10.726 Property retired 11. Add the following account number, 725______742 chargeable to operating expenses, and title and text: New account-______741 § 10.727 Other unadjusted debits, and 726-727------Cancel § 10.774 Casualty and other reserves. New account______743 substitute the following: This account shall include reserves cre 728-729------Cancel § 10.743 Other deferred charges, (a) ated by charges to operating expenses to 751 ------791 This account shall include the amount of provide for estimated liability for in 752 ______792 debit balances in suspense accounts that juries to persons and loss and damage 753 :______.______794 754 __ _ 793 cannot be cleared and disposed of until claims; estimated liability for revenue 755 __:______765 additional information is received, such overcharges, such as those covered by 755% ------768 as freight claims paid when found to be reparation claims; and reserves not 756 ------767 correct, but iq advance of investigation otherwise provided for in balance sheet 756% ______766 with other carriers; debit balances in accounts. 757 ______769 758 ------751 clearing accounts, such as “ Shop ex N o t e : With respect to injuries to persons 759 ____ 752 penses,” “ Store expenses,” “ Operations and loss and damage claims, if the settle 760 ------753 ments when audited are charged to this ac of gravel pits,” and “ Operation of quar 761 ------754 ries” ; unextinguished discount on short count the balances for each year shall be kept 762 ______755 term notes; unadjusted debit items not separately until all items have been adjusted 763 _:------756 otherwise provided for and similar items and cleared, but, if the settlements when 764 _ 757 the proper disposition of which is uncer audited are charged to the appropriate ex 765 ------758 tain. pense accounts the balance in this account 766 ______759 shall be adjusted through the appropriate (b) This account also is intended as a 767 ------760 expenso accounts so as to reflect the probable 768 ___---- 2------761 suspense account in which may be in liability at the close of each year. 769 ______77i cluded deferred amounts for property 12. Cancel the account number, title 769%------781 retired chargeable to operating expenses 770 ------— ------Cancel as follows: and text of § 10.778 Other unadjusted 772 ------*------783 (1) Amounts representing the service credits, and substitute the following: 773 ____ 772 value of nondepreciable road property § 10.784 Other deferred credits. This 773% ------773 retired which are relatively so large that account shall include the amount of New account______774 their inclusion in the accounts for a New account-______782 credit balances in suspense accounts that 778 ------,______Cancel single year would distort those accounts. cannot be entirely cleared and disposed New account______784

NOTICES

DEPARTMENT OF THE TREASURY not yet approved, as lots 5, 6, 7, 8, 9, 10, Gore Campground: 11, Sec. 21, T, 26 S., R. 22 E., Salt Lake T. 5 S., R. 79 W., Meridian, and contains approximately Sec. 18: NW % NE}4. Foreign Assets Control Bighorn Picnic Ground: 23 acres. T. 5 S„ R. 79 W., D y e d H og B r ist l e o f G e r m a n O r ig in The above described land is hereby re Sec. 18: N E ^ N W ^ . classified as suitable for disposal ühder Hornsilver Picnic Ground: AVAILABILITY OF LICENSES FOR IMPORTATION the act of September 30, 1890 (26 Stat. T . 6 S. R. 80 W., Notice is hereby given that the Treas 502) to accommodate the requirements Sec. 29: S W ^ S W ^ S W ^ ; ury Department is now prepared to con of the City of Moab, Utah. The reclas Sec. 32: W y a N W ^ N W ^ . sification is for a public purpose and Camp Tigawon Recreation Area: sider applications on Form TFAC-1 for T. 6 S..R. 81 W., licenses under the Foreign Assets Con is, therefore, not subject to the provi Sec. 14: S W ^ S W y i; trol Regulations, 31 CFR 500.101 to sions contained in the act of September Sec. 22: N E ^ N E ^ ; 500.808, to consummate contracts for the 27,1944 (58 Stat. 747; 43 U. S. C. 279-284) Sec. 23; N W ^ N W ^ . purchase and importation from Ger as amended, granting preference rights Blodgett Campground: many, in appropriate cases, of dyed hog to veterans of World War II and others. T. 7 S., R. 80 W., bristles of German origin, provided that Sec. 5: Lot 8 ( N W ^ N W ^ ) , Ny2SW»4 W m . N . A n d e r s e n , NW&; such bristles were dyed and dressed pur State Supervisor. Sec. 6: Lot 8 (N E & N E ^). suant to such contract or contracts en Rocky Fork Campground: tered into between the applicant and the [F. R. Doc. 56-5303; Filed, July 3, 1956; 8:51 a. m.] T. 8 S., R. 84 W., German exporter prior to April 14, 1955, Sec. 18: Wy2NW>/4NEi/4, NE ^NW >4; and in reliance upon the German certifi Sec. 7: Sy2SE%SWV4. cate of origin procedure, which was an Dinkle Lake Campground: T. 9 S., R. 87 W., nounced in the F ederal R egister on Sep C olorado tember 22, 1953 (18 F. R. 5655), and Sec. 4: Ey2 Lot 9, Lot 10 (E & S W V iN W ^ , S E ^ N W ^ ). which is no longer in effect. Licenses is NOTICE OF PROPOSED WITHDRAWAL AND RESERVATION OF LANDS Janeway Picnic Ground: sued pursuant to such applications will T. 9 S., R. 88 W., authorize the importation of bristle for J u n e 27,1956. Sec. 28: w y 2N E ^ S W % , E y jN W & S W ^ . entry into warehouse. The release from The United States Forest Service of Avalanche Creek Campground: warehouse of bristle imported pursuant the Department of Agriculture has filed T. 9 S., R. 88 W., to such licenses will be authorized only an application, Serial No. Colorado Sec. 34: SViSWyiNE^, NW^SE^, SW&NE^SEft, NEftSW&SEVi, NW% after the Foreign Assets Control is sat 011497, for withdrawal of the lands de isfied by physical inspection of the mer SE%SE%. scribed below, from all forms of appro Snowmass Creek Campground: chandise, and such other measures as priation under the public land laws, T. 10 S., R. 86 W., may be appropriate, that the merchan including the general mining laws but Sec. 4: SEy;SEy4: dise consists solely of dyed bristle of not the mineral leasing laws, subject to Sec. 9: N E ^ N E ^ ; German origin. existing valid claims. Sec. 10: N W % N W & . Applicants are advised that the fact The applicant desires the land for use Redstone Picnic Ground: that a licensee has paid for bristle under T. 10 S., R. 88 W., as sites for camp and picnic grounds and Sec. 9: SWi4SWy4SWy4; a license will not be considered a factor recreation areas in the White River which would warrant the release from Sec. 16: N W ^ N W y ^ N W ^ » National Forest. Grottos Campground: warehouse of bristle which is not found For a period of thirty (30) days from T. 11 S..R. 83 W., by Foreign Assets Control to consist en the date of publication of this notice, Sec. 6: S E ^ S E ^ . tirely of dyed bristle of German origin. persons having cause may present their Bogan Flats Campground: Additional information and license ap objections in writing to the undersigned T. 11S..R. 88 W., plication forms may be obtained from official of the Bureau of Land Manage sec. is: sy2sy2NEy4;Ny4Ny2SEyi. the Foreign Assets Control, Treasury De Lost Creek Campground: ment, Department of the Interior, 357 T. 1 N., R. 90 W., partment, Washington 25, D. C., or the New Custom House, P. O. Box 1018, Federal Reserve Bank of New York, 33 Sec. 15: S% Lot 1 (S W ^ S E ^ ), SE& Denver 1, Colorado. SE^SW % . Liberty Street, New York 45, New York. I f circumstances warrant it, a public Total area, 1,269.24 acres. [ se al] E l t in g A r n o l d , hearing will be held at a convenient time Acting Director, and place, which will be announced. J. E l l io t t H a l l , Foreign Assets Control. The determination of the Secretary on Acting State Supervisor. the application will be published in the [F. R. Doc. 56-5315; Filed, July 3, 1956; [F. R. Doc. 56-5305; Filed, July 3, 1956; F ederal R e g ist e r . A separate notice 8:53 a. m.] 8:51 a. m .] will be sent to each interested party of record. The lands involved in the application DEPARTMENT OF THE INTERIOR are: Bureau of Mines Bureau of Land Management S ix t h P r in c ip a l M e r id ia n , C olorado V a r io u s O f f ic ia l s o f R e g io n V WHITE RIVER NATIONAL FOREST U t a h [Regional Administrative Order 77] Cliff Lake Campground: SM ALL TRACT CLASSIFICATION ORDER PAR T. 2 S., R. 90 W., DELEGATION OF AUTHORITY TO EXECUTE TIALLY r e v o k e d ; l a n d reclassified Sec. 30: SWy4SWy4; CONTRACTS Sec. 31: Nwy4Nwy4. J u n e 26,1956. South Fork Campground: 1. In accordance with the provisions Pursuant to authority delegated to the' T. 2 S., R. 90 W., of paragraph 205.2.4A (4) of the Bureau State Supervisors by section 2.5 of Re Sec. 19: S W & N E ^ , Wi/2SEi4. of Mines Manual, the following officials delegation Order No. 541, issues April 21, Sweetwater Campground: of Region V, Bureau of Mines, may, sub 1954, by the Director, Bureau of Land T. 3 S., R. 87 W., Sec. 16: Lot 5 (S E % N E % ), NE&SEVi. ject to the limitations appearing in Management, I hereby revoke Small Clark Cahin Picnic Ground: Bureau of Mines Manual, paragraph Tract Classification Order No. 1, Utah, T. 3 S., R. 91 W._ 205.2.4A (1) and those herein prescribed published October 12, 1954, as to that Sec. 3: S E & S E ^ S W ^ , S W ^ S W ^ S E ^ ; including approval by higher authority, part of Sec. 21, T. 26 S., R. 22 E., Salt Sec. 10: NWV4NW»ANEV4, N E »A N E i4N W ^. execute contracts and purchase orders Lake Meridian, lying northeast of the East Elk Campground: for equipment, supplies or services, in county road. This area has been desig T. 4 S., R. 90 W., cluding maintenance in conformity with nated on the supplemental plat of survey, Sec. 31: E ^ N E ft . applicable regulations and statutory re- Wednesday, July 4, 1956 FEDERAL REGISTER 4977 quirements: Assistant Regional Director, trative Order 696, Part B, Section n, “SWy4NEy4sy2” to read “SWy4NE*/4, Chief, Division of Administration, Chief, Paragraph 4 (a). s y 2.” Branch of Property Management, Super (e) T. 30 S., R. 1W. (Douglas County), H. P. G r e e n w a l d , sec. 33, change “N ^ S W ^ ” to read “N^», intendents of stations, administrative Regional Director, officers, administrative assistants, pur Region V. s w y 4.” chasing agents and certain other em (f) Add “T. 73 S., R. 3 E.,” just prior ployees designated by name at College Approved: June 26, 1956. io the third line, from the bottom, third Park, Maryland; Pittsburgh, Pennsyl T h o s . H. M il l e r , column, page 4529 (Jackson County) to vania; Morgantown, West Virginia; Acting Director, indicate that the lands following sec. 1 Norris, Tennessee; Tuscaloosa, Alabama; Bureau of Mines. and preceeding sec. 35, now listed under T. 40 S., R. 1 E., are in the former town Gorgas, Alabama; and Minneapolis, [F. R. Doc. 56-5299; Filed, July 3, 1956; Minnesota. 8:50 a. m.] ship. 2. In accordance with the provisions (g) T. 3 S., R. 8 W. (Tillamook and limitations listed in Paragraph 1, County), sec. 25, “N ^ sN ^ ” should read preceding, the following officials of “ N y 2N y 2.” Region V may approve contracts and Office of the Secretary purchase orders for equipment, supplies, or services, including maintenance; [69322] . DEPARTMENT OF COMMERCE

(A) Purchases or services (leases ex O r e g o n cluded) not exceeding $500.00, micro Federal Maritime Board filming not exceeding $100.00, alterations EXCHANGING ADMINISTRATIVE JURISDICTION S a n t ia g o de C u b a C o n f e r e n c e and and repairs to buildings not exceeding OF CERTAIN OREGON AND CALIFORNIA RAIL B u c c a n e er L i n e , I n c . $500.00, purchases from General Services ROAD GRANT LANDS AND NATIONAL FOREST Administration or its contractors not ex LANDS NOTICE OF AGREEMENT FILED WITH THE ceeding $2,000.00; All officials named in Correction BOARD FOR APPROVAL paragraph 1, above, as having authority The land descriptions in the order Notice is hereby given that the follow to execute contracts and purchase orders. of the Secretaries of Agriculture and of ing described agreement has been filed (B) Acquirement by lease within the the Interior, appearing as F ederal R eg with the Board for approval pursuant to area under the administrative jurisdic ister Document 56-5018 at pages 4525- section 15 of the Shipping Act, 1916, 39 tion of the Office of the Regional Di 4530 of the issue for June 23, 1956, are Stat. 733, 46 U. S. C. 814. rector, Region V, space in buildings, con corrected in the following particulars: Agreement No. 7650-B, between the sistent with the provisions of Bureau of In Part I of the order: member lines of the Santiago cfe Cuba Mines Manual, Volume IV, paragraph (a) T. 33 S., R. 5 W. (Josephine Conference and Buccaneer Line, Inc., 2.8.30: Assistant Regional Director, County), sec. 32, change “NViSE^” to covers tb£ admission of Buccaneer Line Chief, Division of Administration, Chief, read “SWy4SEy4.” to associate membership in that confer Branch of Property Management. (b) T. 33 S., R. 10 W. (Curry County), ence. As an associate member, Bucca (C) Purchases from General Services sec. 2, change “NWy4SEy4, NEy4” by neer Line will be obligated to abide by all Administration or its contractors in the deleting the comma which appears at the the rates, rules, regulations and decisions range $2,000-$10,000, and other pur end of the last line, first column, page of the conference; will have no vote in chases in the range $500-$1,000: Assist 4526. conference affairs; will be permitted to ant Regional Director.

D. C. Andrews & Company, Inc. (New In its answer In Docket No. G-10592, File No. BMPCT-3213; for modification York) is a cooperative working arrange United adopted its answer to the motion of construction permit and Laurel Tele ment whereby freight forwarding serv of Tyler Gas in Dockét No. G-9547 and, vision Company, Inc., Laurel, Mississippi, ices are to be performed by the parties in addition, denied that it had or has any Docket No. 11674, File No. BPCT-2031, for each other. contract with the City of Tyler, Texas. for television construction permit Interested parties may inspect this United again points to the decisions in (Channel 7). agreement and obtain copies thereof at its favor in Tyler Gas Service Company 1. Prehearing conferences under Rule the Regulation Office, Federal Maritime v. United Gas Pipe Line Company, C. A. 1.813 and 1.841 were held on April 30, Board, Washington, D. C., and may sub No. 1622, United States District Court for May 7, May 24, June 11 and June 27, mit, within 20 days after publication of the Eastern District of Texas, Tyler Divi 1956, the transcript of which is incor this notice in the F ederal R eg ister , sion, decided December 29,1953, affirmed porated by reference. The following written statements with reference to the by the United States Court of Appeals for schedule is prescribed (Tr. 233) : agreement and their position as to ap the Fifth Circuit, 217 F. 2d 73, as being a. Exchange of written direct cases proval, disapproval, or modification, to final judgments and obligatory upon under Rule 1.841, July 20,1956, 5:00 p. m. gether with request for hearing should Tyler Gas, City of Tyler, Texas, and b. Further conference under Rule such hearing be desired. United. 1.841, July 30, 1956, at 10:00 a. m., in the The joint petition and the answer of Dated: June 29, 1956. offices of the Commission, Washington, United in Docket No. G-10592 raise sub D. C. By order of the Federal Maritime stantially the same question posed in the c. Commencement of hearing, Sep Board. proceedings in Docket Nos. G-1142, G - tember 17, 1956, at 10:00 a. m., in the 2210, and G-9547, and it appears appro [ s e a l ] A. J. W il l ia m s , offices of the Commission, Washington, Secretary. priate that the matters involved and the D. C. (continued from originally sched issues presented by such pleadings be uled date of June 25,1956). [F. R. Doc. 56-5327; Filed, July 3, 1956; resolved at the same time. 8:55 a. m.] The Commission finds it is necessary So ordered, This 27th day of June 1956. and appropriate in carrying .out the pro F ederal C ommunications visions of the Natural Gas Act and for C o m m is s io n , FEDERAL POWER COMMISSION the proper administration thereof that [ s e a l ] M a r y Ja n e M o r r is, oral argument be had concerning the [Docket Nos. G-1142, G-2210, G-9547, and Secretary. G-10592] matters involved and the issues presented by the joint petition filed on June 15, [F. R. Doc. 56-5317; Filed, July 3, 1956; 8:53 a. m.] U n it e d G as P ip e L in e C o . 1956 by Tyler Gas and the City- of Tyler, ORDER FURTHER CONSOLIDATING PROCEED Texas, in the proceeding in Docket No. INGS FOR, PURPOSE OF «ORAL, ARGUMENT G-10592; and that the proceeding in Docket No. G-10592 be consolidated with ONLY AND SUPPLEMENTING ORDER ISSUED [Docket No. 11743; FCC 56M-6311 JUNE 22, 1956 the proceedings in Docket Nos. G-1142, G-2210, and G-9547 solely for purpose of C o nfederate R adio Co. (W PGA) By order issued June 22, 1956, the oral argument upon the pleadings de Commission consolidated the proceding scribed above. ORDER SCHEDULING HEARING! in Docket No. G-9547 with the proceed The Commission orders : In re application of Confederate Radio ings in Docket Nos. G-1142 and G-2210 (A ) The proceeding in Docket No. G - Company (W P G A ), West Point, Georgia, for purpose of oral argument upon the 10592 be and it is hereby consolidated Docket No. 11743, File No. BMP-7066; for matters involved in and the issues pre with the proceedings in Docket Nos. G - modification of construction permit. sented by (1) the May 15, 1956, motion 1142, G-2210, and G-9547, solely for the I t is ordered, This 21st day of June of Tyler Gas Service Company (Tyler purpose of the oral argument provided in 1956, that Jay A. Kyle will preside at the Gas) and the answer of United Gas Pipe Paragraph (B) hereof. hearing in the above-entitled proceeding Line Company (United) in Docket Nos. (B) The order of the Commission is which is hereby scheduled to commence G—1142 and G-2210; (2) the petitions to sued June 22, 1956, in the proceedings in on September 10, 1956, in Washington, intervene of Tyler Gas and the City of Docket Nos. G-1142, G-2210, and G-9547, D. C. Tyler, Texas, in such proceedings; and be and it is hereby supplemented to pro Released: June 26,1956. (3) the motion of Tyler Gas and the vide that the oral argument fixed to be answer of United in Docket No. G-9547. had on July 13, 1956, also shall concern F ederal C ommunications We fixed July 13,1956, as the date of oral the matters involved in and the issues C o m m is s io n , argument thereon. presented by the joint petition filed June [ s e a l ] M a r y Ja n e M o r r is, United, on May 15,1956, filed increased 15, 1956, in Docket No. G-10592 by Tyler Secretary. rates, including increased rates and Gas Service Company and the City of charges applicable to the sales-of gas to [F. R. Doc. 56-5318; Filed, July 3, 1956; Tyler, Texas, and by the answer of 8:54 a. m.] Tyler Gas. These increased rates and United Gas Pipe Line Company. charges were suspended until November 16, 1956, by order of the Commission Issued: June 22, 1956. issued June 15, 1956, in Docket No. By the Commission. G-10592. [Docket No. 11761; FCC 56-609] [ s e a l ] L e o n M . F u q u a y , Tyler Gas and the City of Tyler, Texas, A m e r ic a n C a b le an d R ad io C o r p. on June 15, 1956, filed a joint petition in Secretary. Docket No. G-10592 for an order of the [F. R. Doc. 56-5281; Filed, July 3, 1956; ORDER DESIGNATING MATTER FOR HEARING ON Commission rejecting the May 15, 1956, 8:46 a. m.] STATED ISSUES filing of United insofar as it applied to In the matter of American Cable and sales of gas to Tyler Gas. Radio Corporation, Docket No. 11761; re Petitioner state, and the petition so FEDERAL COMMUNICATIONS vision of Joint Tariff F. C. C. No. 7, to pro shows, that the joint petition in Docket COMMISSION vide tie-line indications without charge. No. G-10592 and the other pleadings At a session of the Federal Communi hereinabove referred to are grounded [Docket Nos. 11673,11674; FCC 56M-640] cations Commission held at its offices in upon the same basic facts and principles M i s s is s ip p i B roadcasting C o . (W C O C - Washington, D. C., on the 27th day of of law, namely, the rule of the United T V ), and L au r e l T e l e v is io n C o ., I n c . June 1956; States Supreme Court in Federal Power et AL. The Commission, having under 'con Commission v. Mobile Gas Service Cor sideration a revised tariff schedule, filed poration, 350 U. S. 332, and Federal STATEMENT AND ORDER AFTER PREHEARING by American Cable and Radio Corpora Power Commission v. Sierra Pacific CONFERENCES tion, to become effective July 1, 1956, Power Company, 350 U. S. 348. They In re applications of Mississippi designated as follows: American Cable request that these matters be consoli Broadcasting Company (WCOC-TVX, and Radio Corporation, Joint Tariff dated and set for oral argument. Pachuta, Mississippi, Docket No. 11673, F. C. C. No. 7,1st Revised Page 70. Wednesday y July 4, 1956 FEDERAL REGISTER 4979 which amends Rule 31 by adding para sion without preparing either a recom Released: June 28, 1956. graph .04 reading as follows: mended or initial decision. F ederal C ommunications .04 Subject to admissibility at overseas Released: June 28, 1956. C o m m is s io n , points, telegrams addressed to customers [ s e a l ] M a r y J a n e M o r r is, having tie-line connections with either Com F ederal C ommunications Secretary. pany may bear a non-chargeable routing in C o m m is s io n , struction consisting of the addressee’s tie [ s e a l ] M a r y J a n e M o r r is, [P. R. Doc. 56-5320; Piled, July 3, 1956; line number. Overseas senders must insert «. Secretary. 8:54 a. m.] such routings at the time the message is filed. Such routings will not form part of [F. R. Doc. 56-5319; Piled, July 3, 1956; the chargeable address which must comply 8:54 a. m.J with Rule 11.' [Mexican Change List 191]

It appearing that the Commission is M e x ic a n R adio S t a t io n s unable to determine from an examina [Docket No. 11761; FCC 56M-643] LIST OF CHANGES, PROPOSED CHANGES AND tion of the aforesaid amendment whether CHANGES IN ASSIGNMENTS it will be lawful under the Communica A m e r ic a n C able a n d R a d io C o r p. tions Act of 1934, as amended, insofar M a y 31, 1956. ORDER SCHEDULING HEARING as the provision at issue purports to per Notification under the provisions of mit one class of users to insert matter In the matter of American Cabl£ and Part III, section 2 of the North American without charge whereas other classes of Radio Corporation, Docket No. 11761; re Regional Broadcasting Agreement. users are required to pay for the matter vision of Joint Tariff F. C. C. No. 7, to List of Changes, Proposed Changes, of a similar nature which they insert; provide tie-line indications without and Corrections in Assignments of Mexi It further appearing that if the afore charge. can Broadcast Stations Modifying the said amendment is permitted to become I t is ordered, This 28th day of June Appendix Containing Assignments of effective on the date specified in the re 1956, that Herbert Sharfman will preside Mexican Broadcast Stations (Mimeo vised tariff schedule, the rights and in at the hearing in the above-entitled pro graph 47214-6)’ attached to the Recom terests of the public may be adversely ceeding which is hereby scheduled to mendations of the North American Re affected therfeby; commence on July 17, 1956, in Wash gional Broadcasting Agreement Engi It is ordered, That pursuant to sec ington, D. C. neering Meeting January 30, 1941. tions 201, 202, 204, 205, and 403 of the Communications Act of 1934, as M exican Broadcast Stations amended, the Commission shall ehter upon, a hearing and investigation con Probable date An of change or cerning the lawfulness of the classifica Call letters Location Power Sched tenna ule Class commence tions, regulations, and practices set ment of forth in the aforesaid amendment; operation It is further ordered, That pursuant to 670 kilocycle» section 204 of the Communications Act XETJ...... Torreon, Coahulla (assignment of ND U IV Apr. 30,1956 of 1934, as amended, the operation of call letters). the aforesaid amendment is hereby sus 600 kilocycles pended until the 1st day of October 1956, XEEH ___ Monterrey, Nuevo Leon (assign- 500 w ...... ND D HI Do. unless otherwise ordered by the Com ment of call letters). mission; and that during said period of 660 kilocycles suspension no changes shall be made XEEK ___ Oacaca, Oaxaca (assignment of call 1 kw _ _ NDD n . Do. in such suspended amendment unless letters). XEEI____ Los Mochis, Sinaloa (assignment of 250 w ND D H . Do. authorized by special permission of the call letters). Commission ; XEEJ...... Puerto Vallarta, Jalisco (assignment 250 w. NDD H Do. It is further ordered, That, without in of call letters). any way limiting the scope of the in 660 kilocycles vestigation, it shall include consideration X E E L ____ Fresnillo, Zacatecas (assignment of 250 w ______NDD n Do. of the following issues : call lettéfs). XEEM ___ Rio Verde, San Luis Potosi (assign 100 w ______ND* D u Do. (a) Whether the classifications, prac ment of call letters). tices, and regulations provided for in 690 kilocycles said tariff amendment are lawful under XEEO ___ Monterrey, Neuvo Leon (assign 250 w D/200 w N _____ ND u n -D , Do. section 201 of the Communications Act ment of call letters). rv-ii XEEN ___ Progreso, Yucatan (assignment of 50kw_ ___ -- _ _ ND U H Do. of 1934, as amended; call letters). (b) Whether the classifications, prac 760 kilocycles tices, and regulations provided for in said XEEQ ___ San Luis Potosi, San Luis Potosi 250 w_____ NDD U Do. tariff provision are lawful under section (assignment of call letters). 202 of the Communications Act o f 1934, 760 kilocycles as amended; XEEO ___ Torreon, Coahuila (change in call 1000 w ______ND D H Do. letters from XETJ). It is further ordered, That a copy of 820 kilocycles this order be filed in the offices of the XEES ...... Sta. Barbara, Chihuahua (assign ND D II Do. Commission with the tariff schedule con ment of call letters). XEET ___ Fortin de las Flores, Veracruz (as lk w .. . _ ND D m Do. taining the amendment herein sus signment of call letters). pended; that the American Cable and XEEU ___ Tepic, Nayarit (assignment of call 1 kw - ND D u Do. ' letters). Radio Corporation, with its subsidiaries, 870 kilocycles Mackay Radio and Telegraph Company, XEEV ___ Villahermosa, Tabasco (assignment ND DH D a Commercial Cable Company, and All , of call letters). America Cables and Radio, Inc., are 9t0 kilocycles hereby made party respondents to the XEEX ___ Culiacan, Sinaloa (assignment of DA-N U HI Do. call letters). Proceeding, and that a copy hereof be XEEY.__ Ensenada, Baja California (assign 2.50 w ___ - ND D IV Do. served upon said respondents; ment of call letters). It is further ordered, That this matter 970 kilocycles is designated for hearing at a time and X E E Z.^x. Cabo rea, Sonora (assignment of call UIV Do. letters). Place to be specified in a subsequent 1080 kilocycles order; and >£hat the presiding officer XEQO ___ Irapuato, Guanajuato (assignment ND D n Do. shall certify the record to the Commis of calljetters). - 4980 NOTICES M exican B roadcast Statio ns— Continued SECURITIES AND EXCHANGE

Probable date COMMISSION of change or An R . W . P orter Power Sched Class commence Call letters Location tenna ule ment of ORDER FOR PROCEEDINGS AND NOTICE OF operation HEARING

• 1 100 kilocycles In the matter of Reese Wade Porter, dba R. W. Porter, 500 West Panola Street, XEGP ___ Cosamaloapan, Veracruz (assign 1 kw...... DA-N U II Apr. 30,1956 Carthage, Tex. ment of call letters). 1 1 1 0 kilocycles At a regular session of the Securities and Exchange Commission held at its XEGQ...- San Luis de la Paz, Guanajuato (as ND DII Do. signment of call letters). office in the city of Washington, JD. C., on ■1160 kilocycles the 28th day of June 1956. I. The Commission’s public official files XEGR ___ Coatepec, Veracruz (assignment of DA-N^ U II Do. call letters). disclose that Reese Wade Porter, a sole 1170 kilocycles proprietor, bda R. W. Porter, hereinafter XEGV...- Nogales, Sonora (assignment of call 250 w ...... ND DII Do. referred to as registrant, is registered as letters). a broker-dealer pursuant to section 15 W fl kilocycles (b) of the Securities Exchange Act of XEHO.... Ensenada, Baja California (assign 100 w...... N D TJ IV Do. 1934. ment of call letters). W 0 kilocycles II. The Records Officer of the Commis sion has filed with the Commission a XEHN ___ Nogales. Sonora (assignment of call 250 w N/100 w N ...... ND u IV Do. statement, a copy of which is attached letters). 1380 kilocycles hereto and made a part hereof,1 stating that registrant did not file with the Com XEHS ___ Los Mochis, Sinaloa (assignment of 250 w...... - - N D TJ IV Do. call letters). mission reports of his financial condition 1300 kilocycles during the calendar year 1955, as re XEHU ___ Martinez de la Torre, Veracruz (as 250 w D/100 w N ...... ND TJ IV Do. quired by section 17 (a> of the Securities signment of call letters). Exchange Act of 1934 and Rule X-17A-5 XEYJ____ Neuva Rosita, Coahuila (correction 1000 w D/100 w N ____ ND U IV May 30,1956 of error in nighttime power). adopted thereunder. IS2 0 kilocycles III. The information reported to the Commission by its Records Officer as set XEHW __ Montemorelos, Nuevo Leon (assign 250 w D/100 w N ...... TJ IV Apr. 30,1956 ment of call letters). ■ forth in Paragraph II hereof tends, if 1350 kilocycles true, to show that registrant violated XEHY„.„. Oaxaca, Oaxaca (assignment of call NDD III Do. section 17 (a) of the Securities Exchange letters). Act of 1934 and Rule X-17A-5 adopted XE.TF____ Tierra Blanca, Veracruz (assign 250 w D/100 w N U IV Do. ment of call letters). under said section. XEHZ.__ Alvarado, Veracruz (delete assign U IV Do. IV. The Commission, having consid ment). ered the aforesaid information, deems it 1370 kilocycles necessary and appropriate in the public XEFY.... Fortin de las Flores, Veracruz (as 500 w D/250 w N N D TJ IV Do. interest and for the protection of inves signment of call letters). 1380 kilocycles tors that proceedings be instituted to determine: XE.TTT , La Paz, Baja California (assignment 25ft w ______ND U IV Do. of call letters). (a) Whether the statement referred 1390 kilocycles to in Paragraph II hereof is true; XEJI...... Tehuantepec, Oaxaca (assignment 2.5 kw D/350 w N ..... ND TJ III Do. (b) Whether registrant has wilfully of call letters). violated section 17 (a) of the Securities H 0 0 kilocycles Exchange Act of 1934 and Rule X-17A-5 XESR Sta. Barbara, Chihuahua (increase 2ftft w ______ND* TJ IV Do. ” adopted under said section; power). (c) Whether, pursuant to section 15 m O kilocycles (b) of the Securities Exchange Act of YE.TT. Rosario, Sinaloa (assignment of call TJ IV Do. 1934, it is in the public interest to revoke letters). XF..TQ Parras, Coahuila (assignment of call ND DIII Do. registration of registrant; and letters). (d ) Whether, pursuant to section 15 1 4 6 0 kilocycles (b) of the Securities Exchange Act of YE.TT Tampico, Tamaulipas (assignment 1 kw ... . . ND UIII Do. 1934, pending final determination, it is of call letters). necessary or appropriate in the public 1490 kilocycles 'interest or for the protection of investors YE.TTT. Culiacan, Sinaloa (assignment of 25ft w . ___ ND u IV Do. to suspend the registration of registrant. call letters). 1500 kilocycles V. I t is ordered, That registrant be given an opportunity for hearing as set XE.TV ..... Ensenada, Baja California (assign NDD II Do. ment of call letters). forth in Paragraph IV hereof at 10 a. m> 1500 kilocycles on the 2d day of August 1956 at the main office of the Securities and Exchange XEEB.... 25ft w NDD II Nov. 31,1956 Commission, located at 425 Second Street 154 0 kilocycles NW., Washington 25, D. C., before a XEJY El Grullo, Jalisco (assignment of call NDD II Apr. 30,1956 Hearing Examiner to be designated by letters). the Commission. At such time the Hear 1560 kilocycles ing Room Clerk in Room 193, North KEKA ___ Tonanzintla, Puebla (assignment of 2 5 ft w D/lftft w N . ND TJ II-D. Do. Building, will advise the parties and the .. Í* call letters). IV-N 1590 kilocycles Hearing Examiner as to the room if1 which such hearing will be held. The XEKB ___ Atemajac, Jalisco (assignment of call ND U IV Do. motion letters). Commission will consider any XEKC ___ Mexicali, Baja California (assign ND UIII Do. with respect to a change of place of said ment of call letters)'. hearing if said motion is filed with the Secretary of the Commission on or before F ederal C ommunications C o m m is s io n , July 26,1956. Upon completion of any [ s e a l ] M a r y Ja n e M o r r is,' such hearing in this matter the Hearing Secretary. Examiner shall prepare a recommended

[F. R. Doc. 56-5321; Filed, July 3, 1956; 8:54 a. m.] 1 Filed as part of the original document. Wednesday, July 4, 1956 FEDERAL REGISTER 4981

decision pursuant to Rule IX of the rules necessary and appropriate in the public [File No. 812-1013] of practice unless such decision is waived. interest and for the protection of inves DREXEL & Co. ET AL. tors that proceedings be instituted to I t is further ordered, That in the NOTICE OF APPLICATION FOR ORDER EXEMPT event registrant does not appear per determine: (a) Whether the statement referred ING ACCEPTANCE OF FEES BY AFFILIATED sonally or through a representative at PERSONS OF AN INVESTMENT COMPANY the time and place herein set or as other to in Paragraph II hereof is true; wise ordered, the Hearing Room Clerk (b) Whether registrant has wilfully J u n e 28, 1956. shall file with the Records Officer of the violated section 17 (a) of the Securities In the matter of Drexel & Co., Phillip Commission a written statement to that Exchange Act of 1934 and Rule X-17A-5 A. Roth, Baldwin Securities Corporation effect and thereupon the Commission adopted under said section; and General Industrial Enterprises, Inc., will take the record under advisement (c) Whether, pursuant to section 15 File No. 812-1013. for decision. (b) of the Securities Exchange Act of Notice is hereby given that Baldwin This order and notice shall be served 1934, it is in the public interest to revoke Securities Corporation (“Baldwin” ), a on registrant personally or by registered registration of registrant; and closed-end, non-diversified investment mail forthwith, and published in the (d) Whether, pursuant to section 15 company registered under the Invest F ederal R egister not later than fifteen (b) of the Securities Exchange Act of ment Company Act of 1940 (“ act” ) and (15) days prior to August 2, 1956. 1934, pending final determination, it is General Industrial Enterprises, Inc. In the absence of an appropriate necessary or appropriate in the public (formerly The Midvale Company and waiver, no officer or employee of the interest or for the protection of inves herein designated “ General” ) , -a com Commission engaged in the performance tors to suspend the registration of regis pany controlled by Baldwin, Phillip A. of investigative or prosecuting functions trant. Roth, an affiliated person of Baldwin and in this or any factually related proceed V. I t is ordered, That registrant beGeneral, and Drexel & Co. (“Drexel” ) , an ing will be permitted to participate or given an opportunity for hearing as set affiliated person of an affiliated person advise in the decision upon the matter forth in Paragraph IV hereof at 10 a. m., of Baldwin and General, have filed an except as witness or counsel in proceed on the 2d day of August 1956 at the application pursuant to section 6 (c) of ings held pursuant to notice. Since this main office of the Securities and Ex the act for an order of the Commission proceeding is not “rule making” within change Commission, located at 425 Sec exempting from the provisions of section the meaning of section 4 (c) of the Ad ond Street NW „ Washington 25, D. G., 17 (e) (1) of the act, the receipt by Roth ministrative Procedure Act, it is not before a Hearing Examiner to be desig- and Drexel of a commission in connec deemed to be subject to the provisions nated> by the Commission. At such time tion with the sale by General of certain of the section delaying the effective date the Hearing Room Clerk in Room 193, of its assets. of any final Commission action. North Building, will advise the parties Baldwin owns 62 percent of the out and the Hearing Examiner as to the room By the Commission. standing stock of General. General in which such hearing will be held. The therefore is a controlled company of [ s e a l ] O rval L. D tjB o is , Commission will consider any motion Baldwin. Secretary. with respect to a change of place of said On August 25, 1955, the Board of Di [F. R. Doc. 56-5285; Filed, July 3, 1956; hearing if said motion is filed with the rectors of General adopted a resolution 8:47 a. m.] Secretary of the Commission on or be authorizing Roth and Drexel to conduct fore July 26, 1956. Upon completion negotiations on behalf of General with of any such hearing in this matter the one or more prospective purchasers look Hearing Examiner shall prepare a rec ing toward a sale by General of its oper A n d r e w S t e w a r t M e s s ic k & Co. ommended decision pursuant to Rule IX ating assets. The services on behalf of of the rules of practice unless such de ORDER FOR PROCEEDINGS AND NOTICE OF Drexel were to be performed by Edward cision is waived. Hopkinson, Jr., a partner in the Drexel HEARING ' I t is further ordered, That in the event firm, who also was and is a director and In the matter of Andrew Stewart Mes registrant does not appear personally or officer of both Baldwin and General. sick & Co., 308 Cotton Exchange Building, through a representative at the time and Since May 7, 1953, Roth has been a di New Orleans, La. place herein set or as otherwise ordered, rector of Baldwin and since March 7, At a regular session of the Securities the Hearing Room Clerk shall file with 1956, an officer of Baldwin, and since and Exchange Commission held at its the Records Officer of the Commission June 25, 1953, a director of General and office in the city of Washington, D. C„ a written statement to that effect and since April 3, 1956, an officer of General. on the 28th day of June 1956. thereupon the Commission will take the Roth is therefore an affiliated person of I. The Commission’s public official files record under advisement for decision. Baldwin and General and Drexel is an disclose that Andrew Stewart Messick & This order and notice shall be served affiliated person of an affiliated person Co., a partnership, hereinafter referred on registrant personally or by registered of Baldwin and General within the terms to as registrant, is registered as a broker- mail forthwith, arid published in the of section 2 (a) (3) of the act. dealer pursuant to section 15 (b) of the F ederal R egister not later than fifteen Both before and subsequent to the res Securities Exchange Act of 1934. (15) days prior to August 2, 1956. olution dated August 25, 1955, Roth and II. The Records Officer of the Commis In the absence of an appropriate Hopkinson conducted negotiations with sion has filed with the Commission a waiver, no officer or employee of the several prospective purchasers and these statement, a copy of which is attached Commission engaged in the performance negotiations culminated in a sale on De hereto and made a part hereof,1 stating of investigative or prosecuting functions cember 30, 1955, by General of all its that registrant did not file with the Com in this or any factually related proceed operating assets to Midvale-Heppenstall mission reports of his financial condi ing will be permitted to participate or Company for a base consideration of tion during the calendar year 1955 as advise in the decision upon the matter $ 6,100,000. required by section 17 (a) of the Securi except as witness or counsel in proceed On March 7, 1956, a disinterested ma ties Exchange Act of 1934 and Rule ings held pursuant to notice. Since this jority of the Board of Directors of Gen X-17A-5 adopted thereunder. proceeding is not “ rule making” within eral adopted a resolution authorizing, III. The information reported to the the meaning of section 4 (c) of the Ad subject to the granting of the instant Commission by its Records Officer as set ministrative Procedure Act, it is not application, the payment by General to forth in Paragraph I I hereof tends, if deemed to be subject to the provisions Roth and Drexel of $75,000 each for the true, to show that registrant violated of the section delaying the effective date services performed. section 17 (a) of the Securities Exchange of any final Commission action. The receipt by an affiliated person of Act of 1934 and Rule X-17A-5 adopted By the Commission. a registered investment company or by under said section. an affiliated person of such a person of IV. The Commission, having consid [ s e a l ] O rval L. D u B o is , any compensation for the sale of prop ered the aforesaid information, deems it Secretary. erty for such investment company is pro [P. R. Doc. 56-5286; Filed, July 3, 1956; hibited by section 17 (e) (1) of the 1 Piled as part of the original document. 8:48 a. m.] act unless an exemption therefrom is 4982 NOTICES granted by the Commission pursuant to Hevi-Duty having submitted the pro Inc., File No. 24NY-3458; Charles D. section 6 (e) of the act. posed-membership of its board of direc Adams and Joseph H. Neebe as “The All interested persons are referred to tors and the board of directors of Anchor Friendly Persuasion Company,” File No. said application which is on file at thé to this Commission as follows : 24NY-3460; Air Research and Explora Washington, D. C., office of this Com Directors of Hevi-Duty: H. E. Koch, L. B. tion, Inc., File No. 24NY-3480; Verschoor mission for a more detailed statement Lattin, G. W. Armstrong, Carl L. A. Beckers, and Davis, Inc., File No. 24NY-3489. of the matters of fact and law therein John N. Worcester. Deal Shore Estates Association, Sec asserted. Directors of Anchor: G. W. Armstrong, tion II, Charms Building, Asbury Park, Notice is further given that an order K. H. Foskett, H. E. Koch, Carl L. A. Beckers, New Jersey; Acryvin Corporation of granting the application may be issued John N. Worcester. America, Inc., 464-72 East 99th Street, by the Commission at any time after Hevi-Duty and Union Electric having Brooklyn 12, New York for Nash S. Eld July 16,1956, unless prior thereto a hear also notified this Commission that they ridge as selling stockholder, 302 West ing on the application is ordered by the will consent to the inclusion in an order 12th Street, New York City, New York; Commission as provided in Rule N-5 of of the Commission, in connection with Segal Lock & Hardware Company, Inc., the rules and regulations promulgated the approval of the proposed boards of 395 Broadway, New York City, New York; under the act. Any interested person directors of Hevi-Duty and Anchor, -of a National Foods Corporation, 131 Dahlem may, not later than July 16, 1956, at condition that (1) at the next annual Street, Pittsburgh, Pennsylvania for 5:30 p. m., submit in writing to the Com meeting of the stockholders of Hevi- Weber-Milligan Co. as selling stock mission his views or any additional facts Duty, in the spring of 1957, Hevi-Duty holder, 50 Broadway, New York 4, New bearing upon the application or the de shall submit to its stockholders a charter York ; OilFinan.ee Corporation, 217 Hick sirability of a hearing thereon or request amendment to increase the number of ory Street, Warren, Pennsylvania for An the Commission, in writing, that a hear its directors so that a majority of such derson Oil Company as selling stock ing be held thereon. Any such communi directors shall be persons who shall be holder, Warren, Pennsylvania; Marco cation or request should be addressed: neither officers nor employees of either Industries, Inc., 786 Terrace Blvd., Secretary, Securities and Exchange Com Hevi-Duty or Anchor; and (2) the names Depew, New York; Charles D. Adams, 26 mission, Washington 25, D. C., and of nominees for such additional directors East 92d Street, New York City, New should state briefly the nature of the shall be submitted to this Commission York and Joseph H. Neebe, 430 East 63d interest of the person submitting such for approval; and Street, New York City, New York, as “The information or requesting a hearing, the The Commission having examined the Friendly Persuasion Company” ; Air Re reasons for such request, and the issues proposed membership of the boards of search & Exploration, Inc., 458-57th of fact or law raised by the application directors of Hevi-Duty and Anchor and Street, Brooklyn, NeW York; Verschoor which he desires to controvert. finding that no adverse action need be and Davis, Inc., 550 Fifth, Avenue, New By the Commission. taken with respect to such boards; and York City, New York, having each filed it appearing to the Commission in the with the Commission a notification on [ s e a l ] O rval L. D u B o is , public interest that Hevi-Duty should Form 1-A relating to a. proposed public Secretary. increase its board of directors and sub offering of securities for the purpose of [F. R. Doc. 56-5287; Filed, July 3, 1956; mit its nominees thereto to this Com obtaining an exemption from the regis 8:48 a. m.] mission for its approval; tration requirements of the Securities It is, ordered, That the proposed mem Act of 1933, as amended, pursuant to bership of the boards of directors of the provisions of section 3 (b) thereof Hevi-Duty and Anchor be, and hereby is, and Regulation A promulgated there [File No. 70-3465] approved. under ; and The Commission having been advised U n io n E lectric C o m p a n y o f M is s o u r i I t is ordered, That (1) at the next that the terms and conditions of said a n d H e v i-D u t y E lectr ic C o . annual meeting of its stockholders, Hevi- Duty shall submit to its stockholders a Regulation A have not been complied SUPPLEMENTAL ORDER RELATING TO charter amendment to increase the num with in that each issuer has failed to file DIRECTORS ber of its board of directors so that a on Form 2-A reports of sales as required J u n e 28, 1956. majority of such directors shall be per by Rule 224 of Regulation A and has ig sons who shall be neither officers nor nored requests by the Commission’s staff Union Electric Company of Missouri employees of either Hevi-Duty or An for such reports. (“Union Electric” ), a registered holding chor; and (2) the names of nominees for It is ordered, Pursuant to Rule 223 (a) company, and Hevi-Duty Electric Com such additional directors shall be sub of the general rules and regulations pany (“ Hevi-Duty” ), a wholly owned mitted to this Commission for approval. under the Securities Act of 1933 that the non-utility subsidiary company of Union By the Commission. exemption under Regulation A be, and Electric, having filed an application and it hereby is, temporarily suspended in declarations with this Commission pur [ s e a l ] O rval L. D u B o is , each instance. , suant to sections 6 (a) (1), 6 (a) (2), 7, Secretary. Notice is hereby given that any per 9 Ca) (1), 10, 12 (c), and 12 (f) of the son having any interest in the matter Public Utility Holding Company Act of [F. R. Doc. 56-5288; Filed, July 3, 1956; 1935 ( “act” ) and Rules U-42, U-43, and 8:48 a. m.] with respect to any aforesaid company U-46 promulgated thereunder, proposing, or companies may file with the Secretary among other things, the distribution by of the Commission a written request for Union Electric to its stockholders of the a hearing; that, within 20 days after re common stock of Hevi-Duty and thereby [File No. 24NY-3357 etc.] ceipt of such request, the Commission divesting itself of its interest in Hevi- will, or at any time upon its own motion D eal S h o r e E states A s s o c ia t io n , may, set the matter down for hearing at Duty as heretofore directed by this Com S e c t io n I I et a l . mission (Holding Company Act Release a place to be designated by the Commis No. 11530 (October 31, 1952) ) ; and ORDER TEMPORARILY SUSPENDING EXEMP sion for the purpose of determining The Commission, in granting and per TION,' STATEMENT OF REASONS THEREFOR, whether this order of suspension should mitting to become effective the afore AND NOTICE OF OPPORTUNITY FOR HEAR be vacated or made permanent for any mentioned application and declarations ING such company, without prejudice, how (Holding Company Act Release No. J u n e 28, 1956. ever, to the consideration and presenta 13170 (May 4, 1956) ), having ordered In the'matter of Deal Shore Estates tion of additional matters at the hear that, promptly after the distribution by Association, Section n, Pile No. 24NY- ing;, and that notice of the time and Union Electric of the Hevi-Duty com 3357; Acryvin Corporation of America, place for said hearing will be promptly mon stock, the names of the proposed Inc., Nash S. Eldridge, File No. 24NY- given by the Commission. membership of the boards of directors of 3367; Segal Lock & Hardware Company, By the Commission. Hevi-Duty and of Anchor Manufactur Inc., Pile No. 24NY-3429, File No. 24NY- ing Company (“Anchor”), Hevi-Duty’s 3468 ; National Poods Corporation, Web- [ seAl ] O rval L. D u B o is , wholly owned non-utility subsidiary, er-Milligan Co., Pile No. 24NY-3440; Oil Secretary. should be submitted to this Commission Finance Corp., Anderson Oil Company, [F. R. Doc. 56—5289; Filed, July 3, 1956; for its approval; and File No. 24NY-3442; Marco Industries, 8:48 a. m.] Wednesday, J u ly i y 1956 FEDERAL REGISTER 4983

[File No. 70-3483] At March 31, 1956, Michigan Wiscon [File No. 70-3484] sin had outstanding $14,000,000 of notes S o u t h e r n E l e c t r ic G e n e r a t in g Co. e t a l . M ic h i g a n W i s c o n s i n P i p e L i n e C o . to banks due July 1,1956, issued pursuant ORDER GRANTING APPLICATION REGARDING to a Credit Agreement dated June 17, ORDER GRANTING APPLICATION AND PERMIT ISSUANCE OF SHORT-TERM NOTES TO BANKS 1955. The first borrowing under the TING EFFECTIVENESS TO DECLARATION RE proposed Credit Agreement will be on GARDING ISSUE AND SALE OF COMMON .Ju n e 28, 1956. July 1, 1956, and the company will apply STOCK BY SUBSIDIARIES AND ACQUISITION Michigan Wisconsin Pipe Line Com the proceeds therefrom, to the extent re THEREOF BY PARENT; ISSUE AND SALE OF pany (“Michigan Wisconsin”), a non quired, to the retirement of notes isstied COMMON STOCK BY NEW GENERATING COM utility subsidiary of American Natural and then outstanding under the 1955 PANY AND ACQUISITION THEREOF BY AS Gas Company, a registered holding com Credit Agreement. SOCIATE u t i l i t y c o m p a n i e s ; AND PAY pany, has filed an application and an The proposed borrowings Will provide MENT OF DEBT OF SUBSIDIARY OWING TO amendment thereto with this Commis Michigan Wisconsin with funds for the PARENT sion pursuant to the third sentence of construction of additional facilities, the J u n e 28,1956. section 6 (b) of the Public Utility Hold cost of which, together with normal con In the matter of Southern Electric ing Company Act of 1935 (“ act” ) re struction, is estimated to be approxi Generating Company, Alabama Power garding certain proposed transactions mately $12,500,090. Thus, a total of Company, Georgia Power Company, Ala which are summarized as follows: about $26,500,000 is required to finance bama Property Company, The Southern Michigan Wisconsin proposes to enter construction this year and retire the Company; File No. 70-3480. into a Credit Agreement providing for presently outstanding bank loans. The Southern Company (“ Southern” ) , the borrowing from banks at one or more The notes to be issued under the pro a registered holding company and four times subsequent to June 30, 1956, of up posed Credit Agreement will be retired of its subsidiaries, Alabama Power Com to $25,000,000 on notes maturing Jan from proceeds of the issue and sale, pur pany (“Alabama”) , Georgia Power Com uary 1, 1957. The names of the banks suant to the competitive bidding require pany (“ Georgia” ), Southern Electric and their respective commitments are ments of Rule U-50, of $25,000,000 prin Generating Company (“SEGCO” ) a as follows: cipal amount of First Mortgage Bonds, newly organized company, and Alabama A m oun t of _Percent Series due 1976, as to which Name of bank commitment Property Company (“Property Com an application is now pending before pany”) , having filed a joint application- The First Natiofaal City Bank of this Commission (File No. 70-3488). To New York______$7, 000, 000 declaration and amendments thereto, The Hanover Bank, New York___ 7, 000, 000 provide sufficient time to carry out the pursuant to sections 6 (b ), 9 (a ), 10, and Mellon National Bank & Trust bond financing and obtain adequate pro 12 (f) of the Public Utility Holding Com Company, Pittsburgh, Pa______7, 000, 000 tection against unforeseeable contingen pany Act of 1935 (“act”) and Rule U-43 National Bank of Detroit______4, 000, 000 cies, the company desires, in its present promulgated thereunder regarding the application, to have authorization to following proposed transactions: Total ______25,000,000 execute the proposed Credit Agreement Alabama and Georgia will each issue The Credit Agreement will commit the for a period of six months, with the and sell 10,000 shares of their common banks to lend to the company from time right of the company at its option and stock, without par value, and Southern to time, on and after July 1, 1956, sums with the approval of the Commission, will acquire such stocks at $100 per aggregating a maximum of $25,000,000 to renew the notes for a period of six share, or an aggregate consideration of and will provide that the company shall months beyond January 1, 1957. $2,000,000. SEGCO will issue and sell pay a stand-by charge calculated at the The fees, commissions and other re 20,000 shares of its capital stock $100 par rate of one-fourth of one percent per an muneration to be paid by the company value, and Alabama and Georgia will in connection with the proposed trans num on the average daily unused balance each acquire 10,000 shares of such stock of the commitment from July 1,1956, un action are estimated by Michigan Wis at par, or an aggregate consideration of til the entire $25,000,000 shall have been consin as follows: $2,000,000. taken down or the Agreement termi Sidley, Austin, Burgess ¿5 Smith, SEGCO will apply the proceeds of the nates, whichever is earlier. The com legal fees______$1, 000 sale of its shares, to the extent neces American Natural Gas Service Co., sary, to purchase from P roperty Com pany may reduce the amount of the services at cost______500 commitment at any time without Miscellaneous telephone, telegraph, pany, a direct subsidiary of Alabama, penalty. duplicating, traveling and other ex certain coal Reserves and one or more The notes issued pursuant to the penses and contingency fund_____ 500 sites for a steam electric generating Credit Agreement will mature January plant located in the State of Alabama 1, 1957, and will bear interest at the Total ______2,000 and reimburse Property Company for its prime rate prevailing at the First Na No State commission and no Federal expenses theretofore incurred in test tional City Bank of New York for com commission other than this Commission drillingr The amount to be paid to mercial loans on the date of each bor has jurisdiction over the proposed Property Company will be limited to-the rowing. The company will have the transactions. costs incurred, which it is estimated will right to prepay at any time without Due notice having been given of the approximate $500,000. The balance of .penalty, in amounts of $1,000,000 or mul filing of the application and a hearing the proceeds will be used by SEGCO to tiples thereof, notes so issued, except that not having been requested of or ordered complete the acquisition of coal reserves a prepayment penalty of one-fourth of by the Commission; and the Commis and plant sites and to pay for any neces one per cent per annum for the unex- sion finding that the applicable provi- sary test drillings and other expendi Pired terms of the notes will apply in visions of the act and rules promulgated tures incident to commencement of con case of prepayment from the proceeds, thereunder are satisfied, and it appear struction of a steam electric generating of borrowings from banks other than ing to the Commission that the estimated plant. those participating in the Credit Agree fees and expenses are not unreasonable, Property Company proposes to apply ment. provided they do not exceed the amounts the amount obtained from SEGCO in Michigan Wisconsin will covenant in estimated, and that the application satisfaction of an open account advance the Credit Agreement, among other should be granted: previously made by Southern. things, that it will not without prior con It is ordered, Pursuant to Rule U-23 The Georgia Public Service Commis sent of the banks pay dividends on its and the applicable provisions of said sion has' authorized the proposed issu common stock in excess of the amount act, that said application be, and the ance and sale of common stock by Geor Permitted by the company’s Mortgage same hereby is, granted forthwith, sub and Deed of Trust; incur other borrow ject to the terms and conditions pre gia and the Alabama Public Service ings unless subordinated to the notes scribed in Rule U-24. Commission has authorized the issuance issued under the Credit Agreement ex- and sale of common stock by Alabama . cept first mortgage bonds issued under By the Commission. and SEGCO. said mortgage or any mortgage indenture [ s e a l ] O rval L . D u B o is , The following estimated fees, commis supplementing or replacing the same; or Secretary. sions and expenses are to be incurred in merge or consolidate with or into any [F. R. Doc. 56-5290; Filed, July 3, 1956; connection with the proposed transac other Company. 8:49 a. m.] tions: 4984 NOTICES

interested person not a protestant, de Highway 30N to Payette, and return over Alabama Georgia SEGCO siring to receive notice of the time and the same route, serving all intermediate place of any hearing, pro-hearing con points; (8) between Weiser, Idaho, and Federal original issue ference, taking of depositions, or other Ontario, Oregon: From Weiser over U. S. $375 $320 $2,200 2,000 proceeding shall notify the Commission Highway 30N to junction with U. S. Legal fees and expenses. 10,400 by letter or telegram within 30 days of Highway 30, thence over U, S. Highway 500 J 500 2,500 publication of this notice in the F ederal 30 to Ontario, and return over the same 875 820 17,100 R e g ister . Except when circumstances route, serving all intermediate points; require immediate action, an application (9) between Payette, Idaho, and junc Notice of the filing of the application- for approval, under section 210a (b) of tion Oregon Highway 90 and U. S. High declaration having been duly given in the act, of the temporary operations of way 30 (near Payette, Idaho): from the manner prescribed by Rule U-23 Motor Carrier properties sought to be Payette over Idaho Highway 52 to the promulgated under the act, and no hear acquired in an applicati

Santa Pe Avenue, Los Angeles, Calif. For No. MC 30897 Sub 8, filed June 14,1956, Memphis, Term. Applicant’s attorney: authority to operate as a common car CONSOLIDATED FREIGHT COM Charles H. Hudson, Jr., 407 Broadway rier, transporting: Class A, B, and C ex PANY, a Corporation, 100 Carroll Street, Bank Building, Nashville, Term. For au plosives, ammunition, not included in^ Saginaw, Mich. Applicant’s representa thority to operate as a common carrier, Class A, B, and C explosives, and compo tive: Robert A. Sullivan, 2606 Guardian over irregular routes, transporting: nent parts of Class A, B, and C explosives, Building, Detroit 26, Mich. For author Automobiles, trucks, tractors, bodies, and of ammunition not included in Class ity to operate as a common carrier, over cabs and chassis, and automobile show A, B, and C explosives, between Phoenix, irregular routes, transporting: General paraphernalia, equipment and supplies, Ariz., on the one hand, and, on the other, commodities, except those of unusual and parts and accessories at the saCme points in Arizona, California and Ne value, Class A and B explosives, house time and with the vehicle of which they vada, in connection with applicant’s au hold goods as defined by the Commission, are a part and on which they are to be thorized regular and irregular route commodities in bulk, and those requiring installed, in initial movements, in truck- operations in Certificate No. MC 8948 and special equipment, serving the site of the away and driveaway service, from points sub-numbers thereunder, in the trans Ford Motor Company (Sheet Metal in Jefferson County, Ky., to points in portation of general commodities, with Stamping Plant) located at the inter Arizona, California, Colorado, Connecti exceptions. Applicant is authorized to section of Cottage Grove and U. S. High cut, Delaware, District of Columbia, conduct operations in Texas, California, way 30 (Lincoln Highway) approxi Idaho, Illinois, on and north of U. S. Nevada and Arizona. mately two miles east of the incorporated Highway 24, Iowa, Kansas, Maine, Mary No. MC 9895 Sub 85, filed June 16,1956, city limits of Chicago Heights in Cook land, Massachusetts, Michigan, Minne R. B. “DICK” WILSON, INC., P. O. Box County, 111., as an off-route point in con sota, Montana, Nebraska, Nevada, New 838, Denver, Colo. Applicant’s attorney: nection with carrier’s regular route oper Hampshire, New Jersey, New Mexico, Marion F. Jones, Suite 526 Denham ations to and from Chicago, 111., and the New York, North Dakota, Oklahoma, ex Building, Denver 2, Colo. For authority Commercial Zone thereof. cept Moffett, Oregon, Pennsylvania, to operate as a common carrier, over ir No. MC 31600 Sub 409, filed June 20, Rhode Island, South Dakota, Texas, ex regular routes, transporting: Acids and 1956, P. B. MUTRIE MOTOR TRANS cept Texarkana, Utah, Vermont, Wash Chemicals, as described by the Commis PORTATION, INC., Calvary Street, ington, Wisconsin, Wyoming and Ken sion, in bulk, in tank vehicles, between Waltham, Mass. For authority to oper tucky. Applicant is authorized to con points in Wyoming, Colorado, Kansas, ate as a common carrier, over irregular duct operations in Missouri, Tennessee, Nebraska, Utah, and those in that part of routes, transporting: Aviation fuel, in Arkansas, Mississippi, Kentucky, Louisi South Dakota west of a line beginning at bulk, in tank vehicles, moving on Gov ana, Alabama, Oklahoma, Texas, Vir the North Dakota-South Dakota State ernment bills-of-lading, from Melville ginia, West Virginia, Ohio, Indiana, line and extending along the eastern and East Providence, R. I., to West Georgia, Florida, North Carolina, South boundaries of Perkins, Meade, Penning Trenton, N. J. Applicant is authorized Carolina, and Illinois. ton, Washabough, and Shannon Coun to conduct operations in Connecticut, No. MC 48974 Sub. 1, filed March 16, ties, S. Dak. Maine, Massachusetts, New Hampshire, 1956, A. L. JOHNSON, doing business as No. MC 15808 Sub 18, filed June 14, New Jersey, Rhode Island and Vermont. JOHNSON MOTOR FREIGHT, 589 Van 1956, GIRTON BROS., INC., P. O. Box No. MC 31600 Sub 410, filed June 20, Buran Avenue, Barberton, Ohio. Appli 341 (U. S. 40 East), Brazil, Ind. Appli 1956, P. B. MUTRIE MOTOR TRANS cant’s attorney: Herbert Baker, 50 West cant’s attorney: Louis E. Smith, Suite PORTATION, INC., Calvary Street, Broad Street, Columbus 15, Ohio. For 503,1800 North Meridian Street, Indian Waltham, Mass. For authority to op authority to operate as a common car apolis 2, Ind. For authority to operate erate as a common carrier, over irregular rier, over irregular routes, transporting: as a contract carrier, over irregular routes, transporting: Gelva emulsion, in Compressed gasses (including move routes, transporting: Petroleum and bulk, in tank vehicles, from Springfield, ments in special trailers of the shipper petroleum products, in bulk, in tank ve Mass., to Branchville, Md. Applicant is or otherwise), from Euclid and Barber hicles, from the site of the Socony-Mobile authorized to conduct operations in ton, Ohio, to points in Allegheny, Beaver, Oil Company pipe line terminal near new Connecticut, Maine, Massachusetts, New Washington and Westmoreland Counties, U. S. Highway 150 north of New Goshen, Hampshire, New York, Rhode Island and Pa., and empty containers or other such Vigo County, Ind., to points in Illinois. Vermont. incidental facilities (not specified) used Applicant is authorized to conduct opera No. MC 37620 Sub 9, filed June 14, in transporting the above-specified com tions in Illinois, Indiana and Missouri. 1956, FREIGHTWAY CORPORATION, modities, on return. No. MC 29566 Sub 43, filed June 13, 131 Matzinger Road, Toledo, Ohio. Ap No. MC 50069 Sub 175, filed June 20, 1956, SOUTHWEST FREIGHT LINES, plicant’s attorney: Ralph W. Sanborn, 1956, REFINERS TRANSPORT & TER INC., 1415 Commerce Building, Kansas Society for Savings Building, Cleveland MINAL CORPORATION, 2111 Woodward City, Mo. For authority to operate as 14, Ohio. For authority to operate as a Avenue, Detroit 1, Mich. For authority a common carrier, over regular routes, contract carrier, over irregular routes, to operate as a common carrier, over transporting: General commodities, ex transporting: Sugar, in containers, and irregular routes, transporting: Liquid cept those of unusual value, Class A and in bulk, and liquid sugar, in tank ve chemicals and acids,-in bulk, in tank B explosives, household goods* as defined hicles, from Findlay, Fremont and To vehicles, and dry chemicals and acids, by the Commission, commodities in ledo, Ohio, to points in that part of the in bulk, from Chicago Heights, 111., to bulk, commodities requiring special Southern Peninsula of Michigan on and points in Indiana, Iowa, Kentucky, Mich equipment and those injurious or con south of a line commencing at the west igan, Minnesota, Nebraska, Ohio and taminating to other lading, (1) between ern terminus of Michigan Highway 46 Wisconsin. St. Louis, Mo., and Weldon Springs, Mo., in Muskegon, thence over Michigan No. MC 50069 Sub 176, filed June 20, over combined U. S. Highways 40 and Highway 46 to Michigan Highway 37, 1956, REFINERS TRANSFER & TERMI 61; (2) between St. Charles, Mo., and thence over Michigan Highway 37 to NAL CORPORATION, 2111 Woodward Weldon Springs, Mo., over Missouri Michigan Highway 57 to Michigan High Avenue, Detroit 1, Mich. For authority Highway 94; (3) between Wentzville, way 15, thence over Michigan Highway to operate as a common carrier, over ir Mo., and Weldon Springs, Mo., over 15, to Michigan Highway 21, thence over regular routes, transporting: Petroleum combined U. S. Highways 40 and 61, and Michigan Highway 21 to Port Huron, products, from Mogadore, Ohio, to points return over the above specified routes, Mich., and Empty containers or other in Jefferson County, Ohio, and Brooke serving no intermediate points; and (4) such incidental facilities (not specified) County, W. Va. serving points within ten miles of Wel used in transporting the commodities N o t e : Applicant states that service is to don Springs as off-route points in con specified in this application, on return. be limited to transportation of shipments nection with applicant’s authorized Applicant is authorized to conduct op stopped in transit for partial delivery in both regular route operations between East erations in Indiana, Ohio, and Michigan. counties. No. MC 41635 Sub 31 (Amended) pub St. Louis, 111., and Kansas City, Kans. No. MC 52657 Sub 489, filed June 22, lished on page 4332, issue of June 20, Applicant is authorized to conduct opera 1956, ARCO AUTO CARRIERS, INC., tions in Arkansas, Colorado, Illinois, 1956, filed June 11, 1956, DEALERS Indiana, Iowa, Kansas, Missouri, Ne TRANSPORT COMPANY, 1368 River 91st Street and Perry Avenue, Chicago braska, Oklahoma, and“ Wyoming. side Blvd., P. O. Box 2482, DeSoto Station, 20, 111. Applicant’s representative: G. 4986 NOTICES

W. Stephens, 121 West Doty Street, Mad as an off-route point in connection with For authority to operate as a common ison, Wis. For authority to operate as a applicant’s regular route operations as carrier, transporting: General com common carrier, over irregular routes, authorized in MC 60785 Sub 4. Appli modities, including Class A and B ex transporting: Transit or truck mixers, cant is authorized to conduct operations plosives, but excluding articles of unusual and integral component parts thereof in New York, Pennsylvania, New Jersey, value, household goods as defined by the when moving together with the mixers, Maryland, and Delaware. Commission, commodities in bulk, and from Bryan, Ohio and points within five N ote : Applicant states that It is presently those requiring special equipment, serv (5) miles of Bryan, to Los Angeles, Calif., authorized to-serve Retsof, N. Y., under its ing the Glen Canyon Dam Site, located the District of Columbia, and points in irregular route authority but such authority approximately fifteen (15) miles up Alabama, Arkansas, Connecticut, Dela is subject to cancellation if and when Cer stream from Marble Canyon, Ariz., near ware, Florida, Georgia, Illinois, Indiana, tificate in MC 60785 Sub 4 is issued. the Utah-Arizona State line, and points Iowa, Kansas, Kentucky, Louisiana, No. MC 60868 Sub 8, filed June 22, within ten (10) miles thereof, and con Maine, Maryland, Massachusetts, Michi 1956, RUFFALO’S TRUCKING SERV struction sites located at points on ac gan, Minnesota, Mississippi, Missouri, ICE, INCORPORATED, East Union on cess roads thereto, as off-route points Montana, Nebraska, New Hampshire, Lyons Road, Newark, N. Y. For author in connection with applicant’s regular New Jersey, New York, North Carolina, ity to operate as a common carrier, over route operations between Los Angeles, North Dakota, Ohio, Oklahoma, Penn irregular routes, transporting: Kraut, in Calif., and Albuquerque, N. Mex. Appli sylvania, Rhode Island, South Carolina, containers, and canned goods, from New cant is authorized to conduct operations South Dakota, Tennessee, Texas, Ver ark, N. Y., and points within 75 miles in Arizona, California, Colorado, Illinois, mont, Virginia, West Virginia, and Wis of Newark, N. Y., to Easton, Williams Iowa, Missouri, Nebraska, Nevada, New consin; truck cabs, (1) from Chicago, H I., port, Milton, Sunbury, Harrisburg, Lan Mexico, and Texas. to Los Angeles, Calif., and Bryan, Ohio caster, Coatesville, Philadelphia, Wilkes- No. MC 76032 Sub 103, filed June 19, and points within five (5) miles of Bryan, Barre, Scranton, Pittston, Allentown, 1956, NAVAJO FREIGHT LINES, INC., and (2) from Bryan, Ohio and points Reading, York, Norristown, Bridgeport -381 South Broadway, Denver 9, Colo. within five (5) miles of Bryah, to Los and Primos, Pa. Applicant is authorized Applicant’s attorney: O. Russell Jones, Angeles, Calif. Applicant is authorized to conduct operations in New Jersey and 54 Vfc San Francisco Street, Southwest to conduct operations throughout the New York and Pennsylvania. Corner Plaza, Santa Fe, N. Mex. For United States. No. MC 65451 Sub 15, filed June 18, authority to operate as a common car No. MC 58923 Sub 24, filed March 19, 1956, ALABAM FREIGHT LINES, 546 rier, transporting: General commodities, 1956 (Amended), published April 4,1956, West Madison Street, Phoenix, Ariz. Ap including Class A and B explosives, but on Page 2161, GEORGIA HIGHWAY plicant’s attorney: James F. Haythorne- excluding articles of unusual value, live EXPRESS, INC., 2090 Jonesboro Road white, Phoenix National Bank Building, stock, household goods as defined by the SE., Atlanta 15, Ga. For authority to Phoenix, Ariz. For authority to operate Commission, commodities in bulk, and operate as a common carrier, over regu as a common carrier, over regular routes, those requiring special equipirient (not lar routes, transporting: General com transporting: General commodities, ex including those requiring refrigeration), modities, except those of unusual value, cept those of unusual value, and except serving the site of the United States Class A and B explosives, household Class A and B explosives,. household Air Force Academy, located on the west goods as defined by the Commission, goods, as defined by the Commission, side of Combined U. S. Highways 85 and commodities in bulk, and those requiring commodities in bulk, and commodities 87, near Husted, Colo., which lies about special equipment, (1) between Thomas- requiring special equipment, ^between sixty A60) miles south of Denver, Colo., ton, Ga., and Americus, Ga., over U. S. Theba, Ariz., and the Painted Rock Dam and ten miles north of Colorado Springs, Highway 19, serving no intermediate Site located on the Gila River, near Colo., as an off-route point in connection points, as an alternate route for operat Theba, Ariz., from Theba approximately with applicant’s regular route operations ing convenience only in connection with three miles west on U. S. Highway 80, between Denver, Colo., and Albuquerque, applicant’s regular route operations (a) thence in a northwesterly direction over N. Mex. Applicant is authorized to con between Thomaston, Ga., via Atlanta, an unnumbered county highway approx duct operations in Arizona, California, and Columbus, Ga., and (b) applicant’s imately 27 miles to the site of the Colorado, Illinois, Iowa, Missouri, Ne proposed regular route operations be Painted Rock Dam, and return over the braska, Nevada, New Mexico, and Texas. tween Americus, Ga., and Columbus, Ga., same route, serving no intermediate No. MC 80430 Sub 80, filed June 13, described in (3) below; (2) between A l points. Applicant is authorized to con 1956, GATEWAY TRANSPORTATION bany, Ga., and Thomasville, Ga>, over duct operations in Arizona, New Mexico, CO., A Corporation, 2130-2150 South U. S. Highway 19, serving all inter and Texas. Avenue, La Crosse, Wis. Applicant’s at mediate points, and points within five No. MC 69236 Sub 7, filed June 15, torney: Joseph E. Ludden, P. O. Box 851, (5) miles of Albany, Ga., as off-ro.ute 1956, SCHIEN TRUCK LINES, INC., La Crosse, Wis. For authority to oper points; and (3) between Americus, Ga., -416 West Main Street, Sedalia, Mo. ate as a common carrier, over regular and Columbus, Ga., from Americus over Applicant’s attorney: B. W. La Tourette, routes, transporting: General commod U. S'. Highway 19«to Ellaville, Ga., thence 1230 Boatmen’s Bank Building, St. Louis ities, except those of unusual value, Class over Georgia Highway 26 to junction 2, Mo. For authority to operate as a A and B explosives, livestock, household Georgia Highway 103, thence over common carrier, transporting: General goods as defined by the Commission, Georgia Highway 103 to Columbus, and commodities, except those of unusual commodities in bulk, and those requiring return over the same route, serving all value, Class A and B explosives, house special equipment, serving the site of intermediate points. Applicant is au hold goods as defined by the Commission, the new Chrysler Corporation Stamping thorized to conduct operations in Ala commodities in bulk, and commodities Plant at Twinsburg, in Summit County, bama, Georgia, and Tennessee. requiring special equipment, serving Ohio, as an off-route point in connection N o t e : This case is directly related to M C -F points in Hickory County, Mo., except with carrier’s regular route operations 6226. Applicant states it proposes to tack Weaubleau, Preston, Cross Timbers, between (1) Chicago, 111., and Akron, the authority sought to its present authority. Hermitage, and Wheatland, Mo., as off- Ohio, over Ohio Highway 8, (2) Cleve route points in connection with appli land, Ohio, and Youngstown, Ohio, over No. MC 60785 Sub 5, filed June 14,1956, U. S. Highway 422, (3) Chicago, 111., RODGERS MOTOR LINES, INC., Gillir cant’s authorized regular route opera tions between Warsaw, ìlio, and Spring- and Youngstown, Ohio, over U. S. High gan Street and South Avenue, Scranton, ways 30 and 62, (4) Mansfield, Ohio, and Pa. Applicant’s attorney: Robert H. field, Mo. over unnumbered highway and U. S. Highway 65. Applicant is author Cleveland, Ohio, over U. S. Highway 42, Shertz, 8 1 1 -1 9 Lewis Tower Building, 225 and (5) Bryan, Ohio and Youngstown, South 15th Street, Philadelphia 2, Pa. ized to conduct operations in Missouri, Ohio over U. S. Highway 224. For authority to operate as a common Kansas, and Illinois. carrier, transporting: General commodi No. MC 76032 Sub 102, filed June 14, No. MC 83881 Sub 1, filed May 21, 1956, ties, except those of unusual value, Class 1956, NAVAJO FREIGHT LINES, INC., V IR G IL A. ANDERSON, Centerville, S. A and B explosives, household goods as 381 South Broadway, Denver 9, Colo. Dak. Applicant’s attorney: R. G. May, defined by the Commission, commodi Applicant’s attorney: O. Russell Jones, Security Bank Bldg., Sioux Falls, S. Dak. ties in bulk, and commodities requiring 54 y2 East San Francisco Street, South Eor authority to operate as a common special equipment, serving Retsof, N. Y., west Corner Plaza, Santa Fe, N. Mex. carrier, over irregular routes, transport- Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4987 ing: Farm machinery, farm machinery bodies, chassis, and cabs; parts and ac northwest to Hallstead, Pa., thence parts therefor and moving with and as cessories of new automobiles, trucks, southwest to Tunkhannock, Pa., and an integral part thereof, and feed (ani station wagons, busses, and ambulances, thence southeast to point of beginning, mal, poultry and livestock )^Jrt>m Sioux and of automobile, truck, station wagon, and points in Maine, New Hampshire, City, Iowa, to Centerville, S, Dak. Dam bus and ambulance bodies, chassis and Massachusetts, Connecticut, Rhode Is aged shipments of the described com cabs when accompanying shipments land, Vermont, Delaware, District of modities, on return. Applicant is au thereof; new- automobile, truck, station Columbia, Maryland, Virginia, West thorized to transport livestock, feed, wagon, bus and ambulance parts and ac Virginia, North Carolina, South Caro grain and seeds between Sioux City, Iowa cessories; automobile, truck, station lina, Georgia, Florida, Ohio, Kentucky, and points in South Dakota. wagon, bus, and ambulance show equip Tennessee, Alabama, Illinois, Wisconsin, No. MC 86687 Sub 42, (amended June ment and paraphernalia; vehicles, etcept Missouri, Mississippi, Indiana, Michigan, 25; 1956) filed May 29, 1956, published trailers, designed for transportation of Arkansas, and Iowa. at page 4061 issue of June 13, 1956, passengers or property, or both, and new No. MC 107515 Sub 231, filed June 15, SEABOARD AIR LINE RAILROAD bodies, chassis, cabs, parts and acces 1956, REFRIGERATED TRANSPORT COMPANY, a corporation, Seaboard Air sories, and show .equipment and para CO., INC., 290 University Avenue S\$fc, Line Railroad Building, Norfolk 10, Va. phernalia pertaining thereto, in initial Atlanta, Ga. Applicant’s attorney: Allan Applicant’s representative: James S. movement, in truckaway service, from Watkins, 204 Grant Building, Atlanta 3, Cremins, Seaboard' Air Line Railroad South Bend, Ind. to points in Alabama, Ga. For authority to operate as a com Company, Norfolk 10, Va. For authority Georgia, New Mexico, and Tennessee, mon carrier, over irregular routes, trans to operate as a common carrier, over a and in that part of North Carolina east porting : Candies, from Kansas City, Mo., regular, route, transporting: General of a line commencing at the Virginia- to points in Tennessee, North Carolina, commodities, including commodities of North Carolina State line and extending South Carolina, Alabama, and Missis unusual value, and Class A and B ex along U. S. Highway.21 to Statesville, sippi. Applicant is authorized to con plosives, but excluding household goods N. C., thence along U. S. Highway 70 to duct operations in Missouri, Georgia, and as defined by the Commission, com Salisbury, N. C., and thence along U. S. Florida. modities . in bulk and those requiring Highway 52 to the North Carolina-South No. MC 109640 Sub 15, filed June 18, special equipment, (1) between Hamlet, Carolina State line; all the afore-men 1956, BICE TRUCK LINES, INC., Laurel, N. C., and Andrews, S. C., from Hamlet tioned commodities, in secondary move Mont. Applicant’s attorney: Jerome An over U. S. highway 74 to junction North ment, in truckaway service, from South derson, Electric Building, Billings, Mont. Carolina Highway 381, thence over North Bend, Ind., to points and places in Ala For authority to operate as a common Carolina Highway 381 to North Caro bama, Georgia, New Mexico, and Ten carrier, over irregular routes, transport lina-South Carolina State Line, thence nessee, and the above-described, area of ing: Petroleum and petroleum products, over South Carolina Highway 381 to Clio, North Carolina, subject to the stipulation in bulk, in tank vehicles, from points in thence over South Carolina Highway 9 that this secondary truckaway service is Big Horn County, Mont., to points in to Dillon, thence over South Carolina to be restricted to transportation of such Wyoming, and contaminated shipments Highway 57 to junction South Carolina traffic as has been transported by appli -on return. Applicant is authorized to Highway 41 and thence over South Caro cant or other carriers in initial move conduct operations in Montana, Idaho, lina Highway 41 to Andrews, and return ments from South Bend, Ind., and and Wyoming. over the same route, serving the inter further restricted against the transpor No. MC 110436 Sub 24, filed June 18, mediate and off-route points of Gibson, tation of such traffic as has had an 1956, ROBERTSON TRANSPORTS, N. C., McColl, Clio, Little Rock, Dillon, immediately prior movement by water. INC., 5700 Polk Avenue, P. O. Box 9218, Floydale, Mullins, Johnsonville, Heming Applicant is authorized to conduct oper Houston, Tex. Applicant’s attorney: way, Rains, Centenary, Gresham, Poston ations in Alabama, Arizona, Arkansas, Charles D. Mathews, 1020 Brown Build and Nesmith, S. C. and (2) between California, Florida, Georgia, Illinois, ing, Austin 1, Tex. For authority to McColl, S. G., and Laurinburg, N. C., over Indiana, Iowa, Kentucky, Louisiana, operate as a common carrier, over irreg U. s. Highway 15, serving no inter Michigan, Minnesota, Mississippi, Mis ular routes, transporting: Cotton seed oil, mediate points, as an alternate route in souri, New Mexico, North Carolina, Ohio, vegetable oils, animal oils, animal fats connection with applicant’s authorized South Carolina, Pennsylvania, Tennes and fats, in bulk, in tank vehicles, be regular route operations between Ham see, Texas, Wisconsin, Montana, and tween points in Arkansas, Colorado, Illi let and Wilmington, N. C., and in con Wyoming. nois, Indiana," Iowa, Kansas, Louisiana, nection with the proposed regular route No. MC 94265 Sub 55, filed June 22, Mississippi, Missouri, Nebraska, Okla outlined above. RESTRICTION: Au 1956, BONNEY MOTOR EXPRESS, INC., homa, New Mexico, and Texas. thority applied for herein to be limited P. O. Box 4057, Broad Creek Station, No. MC 110505 Sub 26, filed June 15, to service which is auxiliary to, or sup Norfolk, Va.; Applicant’s representative: 1956, RINGLE TRUCK LINES, INC., 601 plemental of, applicant’s rail service and Harry C. Ames, Jr„ 238 Transportation South Grant Avenue, Fowler, Ind. Ap applicant shall not serve any point not Building, Washington 6, D. C. For au plicant’s attorney: Robert C. Smith, 512 a station on its rail line. Shipments to thority to operate as a common carrier, Illinois Building, Indianapolis 4, Ind. be transported shall be limited to those over irregular routes, transporting: For authority to operate as a common moving on a through bill of lading or Meats and packing-house products, as carrier, over irregular routes, transport Railway Express receipt. Applicant is defined by the Commission, from Nor ing: Foodstuffs, canned, preserved or authorized to conduct motor carrier op folk and Suffolk, Va., to points in Mary prepared (not frozen), and beverages, erations in Florida, Georgia, North Caro land, Pennsylvania, New Jersey, and New non-alcoholic, from Rochelle, De Kalb, lina, South Carolina, and Virginia. York. Applicant is authorized to con Mendota, Belvidere, Lanark, and Peca- No. MC 88454 Sub 1, filed June 21,1956, duct operations in Iowa, Minnesota, Il tonica, 111., and Frankfort, Ind., to points GERALD G. QUIST, 720 Sixth Avenue linois, Nebraska, Virginia, West Virginia, in Pennsylvania, Ohio, West Virginia, SW., Pipestone, Minn. For authority to Ohio, Kentucky, Missouri, Indiana, Wis Indiana, Kentucky, Illinois, Iowa, and operate as a common carrier, over irreg consin, North Carolina, Maryland, Ten St. Louis County, Mo. Applicant is au ular routes, transporting: Feed, from nessee, and the District of Columbia. thorized to conduct operations in Indi Sioux City, Iowa, to Pipestone, Minn. No. MC 95211 Sub 1 (Amended), filed ana, Illinois, Ohio, Kentucky, West No. MC 92722 Sub 10, filed June 14, April 5, 1956, published page 2904, issue Virginia, Wisconsin, Iowa, Missouri, 1956, ROBERT R. WALKER, INC., 1818 of May 2, 1956, JOE FORTUNER, 17 Tennessee, Nebraska, Iowa, and Alabama. West Sample Street, P. O. Box 206, South Devine Street, Carbondale,. Pa. For au No. MC 110920 Sub 1, filed June 8, Send, Ind. Applicant’s attorney: Wil thority to operate as a common carrier, 1956, JOHN PERVIN, doing business as der A. Hill, Transportation Building, over irregular routes, transporting: PERVIN GRAIN & TRANSIT CO., 1819 Washington, D. C. For authority to Household goods, and office equipment, Third Avenue SE., Rochester, Minn. Ap operate as a common carrier, over ir between points in Lackawanna, Pike, plicant’s representative: A. R. Fowler, regular routes, transporting: Automo Susquehanna, and Wyoming Counties, 2288 University Avenue, St. Paul 14, biles, trucks, station wagons, busses, and Pa., bounded by a line beginning at Minn. For authority to operate as a ambulances, new; new automobile, truck, Olyphant, Pa., and extending in an east common carrier, over irregular routes, station wagon, bus, and ambulance erly direction to Greeley, Pa., thence transporting: Horsemeat, fresh or fro- 4988 NOTICES zen, from Duluth, Minn., to points in business as CATENCAMP TRANSFER operate as a common carrier, over irreg- Massachusetts, New York, New Jersey, & STORAGE, 303 East Stephens Street, ular routes, transporting: Livestock and Ohio, and Pennsylvania. Shawano, Wis. Applicant’s attorney: lumber, from port of entry on the inter- ] No. MC 110920 Sub 2, filed June 18, Claude J. Jasper, 1 West Main Street, national boundary between the United 1956, JOHN PERVIN, doing business as Madisoh 3, Wis. For authority to oper States and Canada at or near Sweet- PERVIN GRAIN & TRANSIT CO., 1819 ate as a contract carrier, over irregular grass, Mont., to Salt Lake City, Utah; I Third Avenue SE., Rochester, Minn. Ap routes, transporting: Formaldehyde, in hay (race horse), from port of entry on plicant’s representative: A. R. Fowler, bulk, in tank vehicles, from Calumet the international boundary . between 2288 University Avenue, St. Paul 14, City, 111., to Shawano, Wis. United States and Canada at or near Minn. For authority to operate as a No. MC 115162 Sub 10, filed June 21, Sweetgrass, Mont., to points in Califor common carrier, over irregular routes, 1956, WALTER POOLE, doing business nia ; stone and salt, from points in Utah transporting: Prefabricated houses, as POOLE TRUCK LINE, Evergreen, to port of entry on the international knocked down, including parts therefor, Ala. Applicant’s representative: Hugh boundary between United States and as more fully described in the application, R. Williams, 2284 West Fairview, Mont Canada at or near Sweetgrass, Mont., from Litchfield, Minn, to points in North gomery, Ala. For authority to operate? machinery, from points in California, to Dakota, South Dakota, Missouri, Wiscon as a common carrier, over irregular port of entry on the international bound-, sin, Illinois, Iowa, Indiana, and Mon routes, transporting: Farm machinery ary between United States and Canada j tana. and equipment, and parts for farm ma at or near Sweetgrass, Mont. No. MC 112272 Sub 3, filed June 12, chinery and equipment, from Louisville, No.MC 115884 Sub 1,filed June 21,1956, 1956, REISS TRANSPORTATION, INC., Ky., Memphis, Tenn., Richmond, Ind., CECIL E. STIERNAGLE, doing business, 24-60 28th Street, Long Island City, N. Y. and Moline, 111., Hooperton, East Moline, as MOBILE HOME TOW ING SERVIQE, i Applicant’s attorney: Richard F. Bren and Chicago, 111., Waterloo, Des Moines, Albers Trailer Court, P. O. Box 22, R. R, nan, Jr., 36 Waldron Avenue, Staten Dubuque, and Ottumwa, Iowa, Horicon, No. 2, Rantoul, 111. Applicant’s attor-v Island 1, N. Y. For authority to oper Wis., and Chamblee, Ga., to points in ney: Alfred H. Reichman, 318 North ate as a common carrier, over irregular Alabama, and Pensacola, Fla. Hickory Street, Champaign, 111. For au routes, transporting: Grease, in bulk, in No. MC 115408 Sub 2, filed June 19, thority to operate as a common carrier,- tank vehicles, between New York, N. Y., 1956, GELAS COURCHESNE, St. Cyrille over irregular routes, transporting:] on the one hand, and, on the other, New De Wendover, Drummondville, Quebec, House trailers, towed by motor vehicle, ark, N. J., and Kearny, N. J. The appli Canada. Applicant’s attorney: Andre J. between Rantoul, 111., and poiftts in Mis cation is accompanied by motion to dis Barbeau, 795 Elm Street, Manchester, souri, Arkansas, Texas, Oklahoma, New miss on the grounds that applicant holds N. H. For authority to operate as a Mexico, and Arizona. in Certificate No. MC 112272 the author common carrier, over irregular routes, No. MC 115941 (Amended), published ity sought herein. Applicant is author transporting: Hardwood dimension page 2907, issue of May 2, 1956, filed ized to conduct operations in New York stock, in bundles, from ports of entry April 19,1956, WILLARD CALVERT AND and New Jersey. on the International Boundary line be OSCAR CALVERT, doing business as No. MC 113388 Sub 17 (AMENDED), tween the United States and Canada lo CALVERT BROS. TRANSFER, 102 filed April 9, 1956, published April 25, cated at or near Jackman, Maine, and Trumbo Avenue, Morehead, Ky. Appli 1956, LESTER-C. NEWTON TRUCKING Norton and Derby Line, Vt., to Auburn, cant’s attorney: Thomas R. Burns, CO., Bridgeville, Del. Applicant’s attor Freedom, Locke Mills, Mechanic Falls, Morehead, Ky. For authority to operate ney: Glenn F. Morgan, 1008 Warner Old Town, and Orono, Maine, and Bald- as a common carrier, over irregular Building, Washington 4, D. C. For au winville, Gardner, Marlboro, and Tem routes, transporting: Household goods, thority to operate as a common carrier, pleton, Mass., and damaged shipments as defined by the Commission, from over irregular routes, transporting: and empty containers or other such inci points in Rowan County, Ky., to points in Frozen foods, from Houston, Del., to dental facilities (not specified) used in Ohio, West Virginia, Indiana, and Mich Dover, Del., and empty containers or transporting the above-specified- com igan, and empty containers or other such other such incidental facilitiesSnot spec modity on return movements. incidental facilities used in transporting ified), on return. Applicant is author No. MC 115490 Sub 1, filed June 20, the commodities specified on return. ized to conduct operations in Virginia,. 1956, BERNARD KLEIN, SAMUEL No. MC 115956, filed April 26, 1956, Delaware, Massachusetts, Connecticut, KLEIN, and EMANUEL KLEIN, a part L. A. WHITE, doing business as WHITE New York, New Jersey, ■ Pennsylvania, nership, doing business as BERNARD’S TRANSFER CO., 714 Reed Street, Bilt- Maryland, North Carolina, and the Dis EXPRESS & TRUCKING, 48-20 30th more, N. C. For authority to operate as trict of Columbia. Street, Long Island City, N. Y. For au a common carrier, over irregular routes, N ote : Applicant holds a certificate author thority to operate as a common carrier, transporting: Liquid wax, in bulk, in izing transportation of . frozen foods from over irregular routes, transporting: specially constructed tank vehicles, be- Dover to various states. The purpose of this Toilet paper, facial tissue, paper towels, . tween points in New Jersey, Maryland, application is to extend authority to Hous^ paper napkins, paper containers, paper Delaware, and Pennsylvania, on the one ton, Del., from which point the same desti plates, sanitary napkins, wrapping paper hand, and, on the other, points in Ten nations may be served as now from Dover. and paper bags, from Long Island City, nessee, North Carolina, South Carolina, It is proposed to tack the proposed authority to the present authority from Dover. N. Y. to points in Nassau and Suffolk Georgia, and Florida. Counties, N. Y., transporting returned No. MC 115970, filed June 21, 1956, No. MC 113779 Sub 44, filed June 21, shipments on return, operations to be JAY LOGAN, 736 Skyline Drive, Lan 1956, YO R K INTERSTATE TRUCKING, restricted to prior movements by rail. caster, Pa. Applicant’s attorney: Wil- INC., 8222 Market Street Road, Houston, No. MC 115523 Sub 8, filed June 15, liams Livengood, Jr., 25 South Front Tex. * For authority to operate as a com 1956, CLARK TANK LINES COMPANY, Street, Harrisburg, Pa. For authority to mon carrier, over irregular routes, trans (a corporation), 1450 Beck Street, P. O.. operate as a contract carrier, over irregu porting: (1) Muriatic acid, in bulk, in Box 1895, Salt Lake City, Utah. Appli lar routes, transporting: Petroleum tank vehicles, from Fort Worth, Tex., to cant’s attorney: Harry D. Pugsley, Con products, excluding products transported points in Arkansas, Louisiana, Missis tinental Bank Building, Salt Lake City in bulk in tank vehicles, from Freedom, sippi, New Mexico, and Oklahoma (ex 1, Utah. For authority to operate as a Pa., to New York, N. Y., Philadelphia, cept Healdton, Miami, Lillard Park, Guy- common carrier, over irregular routes, Pa., including the Philadelphia, Pa. Com mon, Enid, Seminole, and Pauls Valley, transporting: Road oil, asphalt and mercial Zone as defined by the Commis Okla., and Bossier City and Shreveport, other petroleum products, in bulk, in sion, and Baltimore, Md., for delivery to La., and (2) acids, in bulk, in tank ve tank vehicles, from Salt Lake City, Utah docks at said ports for shipment in for-; hicles, from Tulsa, Okla., to points in and points within fifteen miles of Salt eign commerce. Empty containers or Arkansas, Kansas, Missouri, New Mexico, Lake City, to points in Coconino County, other such incidental facilities used in and Texas. Applicant is authorized to Ariz. Applicant is authorized to con transporting the commodities specified, conduct operations in Arkansas, Louisi duct operations in Colorado and Utah. and damaged shipments of the com ana, Mississippi, Oklahoma, New Mexico, No. MC 115825, filed February 20, 1956, modities specified, on return. and Texas. GLEN O. ATWOOD, doing business as No. MC 116042, filed June 7, 1956, No. MC 114052 Sub 4, filed June 18, ATWOOD TRANSPORT, Box 134, Card- WHOLESALE TRAILER CONVOY, INC., 1956, HOWARD CATENCAMP, doing ston, Alberta, Canada. For authority to 6839 Southeast 82d Avenue, Portland, Wednesday, July 4, 1956 FEDERAL REGISTER 4989

Oreg. For authority to operate as a tive, returned, used, repossessed and Orange, Bloomfield and Nutley, N. J. common carrier, over irregular routes, trade-in shipments on return. Applicant is authorized to conduct oper transporting: Trailers and trailer houses, N o te: Applicant has common carrier au ations in New Jersey and New York. in initial and secondary movements, be thority under Certificate No. MC 96121 to No. MC 52476 Sub 3, filed June 18, tween points in Oregon, Washington, transport household goods, among other au 1956, MORRIS SAYLOR (PAUL SAY and California, and trailers and trailer thority, and section 210 may be involved. LOR, ADMINISTRATOR), AND FAN houses, as may be available for transpor No. MC 116065, published on Page 3711, NIE SAYLOR, doing business as tation on return. issue of May 30, 1956 under Docket No. CUMBERLAND COACH LINES, Cum No. MC 116050, filed June 15, 1956, MC 108340 Sub 8, filed May 8, 1956 (see berland, Ky. For authority to operate ROBERT H. CARR, SR., doing business note), HANEY TRUCK LINE, a corpo as a common carrier, over a regular as RAMBACH DISTRIBUTING, 3-21 ration, 2219 Cedar Street, Forest Grove, route,, transporting: Passengers and 27th Street, Fairlawn, N. J. Applicant’s Oreg. Applicant’s representative: John their baggage, and express, mail, and representative: Bert Collins, 140 Cedar M. Hickson, Yeon Building, Portland, newspapers, in the same vehicle with Street, New York 6, N. Y. For authority Oreg. For authority to operate as a passengers, between Hazard, Ky., and to operate as a contract carrier, over contract carrier, over irregular routes, Jenkins, Ky., from Hazard over Kentucky irregular routes, transporting: Frozen transporting: Lumber and lumber mill Highway 15 to junction U. S. Highway desserts, from the site of the plant of products, from points in Washington, 119, thence over U. S. Highway 119 to Rambach Farms in Hawthorne, N. J., to Tillamook and Yamhill Counties, Oreg., Jenkins (also from junction Kentucky retail stores in New York, N. Y., and to points in California; cottonseed meal, Highways 7 and 15, near Lothair, Ky., points in Nassau, Suffolk, Westchester, between points in California, on the one over Kentucky Highway 7 to junction Rockland, and Orange Counties, N. Y., hand, and, on the other, points in Wash Kentucky Highways 7 and 15, near Isom, and those in Fairfield County, Conn., and ington, Tillamook, Yamhill, and Mult K y.), and return over the same route, returned shipments on return. nomah Counties, Oreg*; glass containers, serving all intermediate points. Appli No. MC 116054, filed June 15, 1956, from points in Washington, to points in cant is authorized to conduct operations M c k e n z ie t r a n s p o r t l e a s in g , Washington County, Oreg. Applicant is in Kentucky and Virginia. CO., INC., 6601 South Broadway, St. authorized to conduct operations in APPLICATIONS UNDER SECTION 5(2) AND Louis, Mo. Applicant’s attorney: W il Oregon and Washington. 210 (a) (b) liam J. Lippman, 1413 K Street NW., Washington 5, -D. C. For authority to N o t e : Applicant seeks, by letter dated No. MC-F 6222, published in the March June 18, 1956, from Attorney Hickson, to operate as a common carrier, over irreg 21,1956, issue of the F ederal R egister on amend its application filed May 8, 1956, for page 1761. Supplemental application ular routes, transporting: Class A, B, common carrier authority by changing such and C explosives, empty containers and authority to contract carrier authority; filed June 22, 1956, to show M. C. BEN other such incidental facilities (not therefore, Docket MC 116065 has been as TON, JR., and PAUL P. DAVIS as the specified) used in transporting the com signed to cover the contract carrier authority persons in control of vendee. Hearing modities specified in this application, sought and Docket MC 108340 Sub 8 assigned July 9, 1956, at Charlotte, N. C. and shell cases, and pallets, between the -originally assigned to common carrier au No. MC-F 6312. Authority sought for site of Savanna Ordnance Depot, lo thority, is canceled. purchase by UTAH PARKS COMPANY, cated 12 miles north of Savanna, 111., APPLICATIONS OF MOTOR CARRIERS OF Cedar City, Utah, of a portion of the op and Camp McCoy, Wis., located 10 miles PASSENGERS erating rights and certain property of east of Sparta, Wis., on State Highway THE GREYHOUND CORPORATION, 21. No. MC 1002 Sub 10 filed June 11,1956, 2600 Board of Trade Building, Chicago, No. MC 116055, filed June 15, 1956, ASBURY PARK-NEW YORK TRANSIT 111. UTAH PARKS COMPANY is con ORPHA M. ROBBINS and HERBERT CORPORATION, Broadway and State trolled by LOS ANGELES & SALT LAKE S. ROBBINS, doing business as H. K. Highway No. 35, Keyport, N. J. Appli RAILROAD COMPANY and UNION PA ROBBINS COMPANY, 508 West Third cant’s attorney: Edward W. Carrie, 123 CIFIC RAILROAD COMPANY, both of Avenue, Ellensburg, Wash. For author Main Street, Matawan, N. J. For au Omaha, Nebr. Applicants’ attorney: W. ity to operate as a common carrier, over thority to operate as a common carrier, R. Rouse, 1416 Dodge Street, Omaha, irregular routes, transporting: Malt bev transporting: Passengers and their bag Nebr. Operating rights sought to be erages, from Van Nuyes, and San Fran gage in the same vehicle with passengers, transferred: Passengers and their bag cisco, Calif., to points in Washington and between Newark, N. J., and Jersey City, gage,'and. express, mail and newspapers Oregon, and empty containers or other N. J., from the junction of New Jersey in the same vehicle with passengers, as a such incidental facilities (not specified) Turnpike and Newark Bay-Hudson common carrier over regular routes be used in transporting the commodities County Extension of the New Jersey tween Cedar City, Utah, and Lund, Utah, specified in this application, on return. Turnpike in Newark, over the Newark serving all intermediate points. Vendee No. MC 116056, filed June 18, 1956, Bay-Hudson County Extension of the is authorized to operate as a common LEO CAIN and CECIL LAKE, a partner New Jersey Turnpike to its junction with carrier in Colorado, New Mexico, Cali ship, doing business as CAIN & LAKE, U. S. Highway No. 1 in Jersey City, as an fornia, Arizona, Nevada, and Utah. Ap Mill City, Oreg. For authority to op alternate route for operating conven plication has not been filed for tempo erate as a contract carrier, over irreg ience only, serving no intermediate rary authority under section 210a (b ). ular routes, transporting: Lumber, from points, in connection with carrier’s au No. MC-F 6313. Authority sought for points in Lincoln and Tillamook Coun thorized regular route operations. Appli control by KENNETH HUDSON, 70 ties, Oreg., to Rail and Steamship loading cant is authorized to conduct operations Union Street, Medford, Mass, of the oper docks in Lincoln, Tillamook, Yamhill, in New Jersey and New York. ating rights and property of McINTIRE Marion, Multnomah, and Polk Counties, No. MC 3647 Sub 201, filed June 15, BUS LINES, INC., 450 Main Street, Oreg. 1956, PUBLIC SERVICE COORDINATED Stoneham, Mass. Applicant’s attorney: No. MC 116059, filed June 20, 1956, TRANSPORT, a corporation, 80 Park James H. Sullivan, 52 Maple St., Danvers, RAYMOND BROWN AND BERNARD Place, Newark, N. J. Applicant’s attor Mass. Operating rights sought to be FRIEDMAN, doing business as BROWN ney: Frederick M. Broadfoot, Public transferred: Passengers and their bag BROTHERS CARTAGE SERVICE, 2900- Service Terminal, Newark 1, N. J. For gage, restricted to traffic originating at 2£f08 West Taylor Street, Chicago, 111. authority to operate as a common car the points indicated, in special or charter Applicant’s attorney: Edward G. Baselon, rier, over regular routes, transporting: service, as a common carrier over ir 39 South La Salle Street, Chicago 3, 111. Passengers and their baggage, and ex regular routes from points in Middlesex For authority to operate as a contract press and newspapers in the same vehicle County, Mass., to points in Maine, Massa carrier, over irregular routes, transport with passengers, from Irvington, N. J., chusetts, New Hampshire and Rhode over city streets and access roads leading ing: Such commodities as are dealt in by Island, and return. Applicant holds no to and from the Garden State Parkway, retail furniture dealers, in delivery serv thence over the Garden State Parkway authority from the Commission but owns ice, from Chicago and Waukegan, 111., to to access roads leading to and from New controlling stock interest in Kenneth points in Illinois, Indiana, Michigan, Jersey Highway 3, Clifton, N. J., and re Hudson, Inc., doing business as Hudson Wisconsin, and those in Iowa on and east turn over the same route, serving all Bus Lines, and Canton & Blue Hill Bus of U. S. Highway 69, and damaged, defec intermediate points except those in East Line, Inc., which are authorized to oper- 4990 NOTICES ate in New Hampshire, Massachusetts, lis, Ind. Operating rights sought to be goods, as a common carrier over regular Rhode Island, Connecticut, Maine and transferred: Passengers and their bag routes between Sheridan, Wyo., and New York. Application has been filed gage, restricted originating in the terri Lame Deer, Mont., between junction un for temporary authority under section tory indicated, in charter operations, as numbered Montana Highways approx 210a (b). a common carrier, over irregular routes, imately 14 miles north of Decker, Mont., No. MC-P 6314. Authority sought for from points in Indiana to the District of and Busby, Mont., and between Busby, purchase by GREAT SOUTHERN Columbia, and points in Alabama, Flor Mont., and Lame Deer, Mont., serving TRUCKING COMPANY,. 1863 Clarkson ida, Georgia, Illinois, Iowa, Kentucky, certain intermediate and off-route Street, Jacksonville, Fla., of the operat Maryland, Michigan, Minnesota, Mis points; stockfed and heavy machinery, ing rights and property of K. S .M O F- souri, New Jersey, New York, North Car over irregular routes, between points FETT, doing business as MOFFETT olina, Ohio, Oklahoma, Pennsylvania, within 40 miles of Sheridan, Wyo., in TRANSIT LINES, 461 Oak Street, South Carolina, Tennessee, Virginia, cluding Sheridan, and between Sheri Macon, Ga., and for acquisition by West Virginia, and Wisconsin, and re dan, Wyo., and points within 43 miles of RYDER SYSTEM, INC., JAR CORPO turn. Vendee is authorized to operate as Sheridan, on the one hand, and, on the RATION, and JAR NO. 2 CORPORA a common carrier, in Indiana. Applica other, certain points in Montana; and TION, all of Miami, Fla., J. A. RYDER, tion has not been filed for temporary livestock, between Sheridan, Wyo., and R. N. REEDY and A. E. GREENE, J R ., authority under section 210a (b). points in Wyoming within 100 miles of all o f Jacksonville, of control of such No. MC-F 6318. Authority sought for Sheridan, between Sheridan and points operating rights and property through purchase by AMERICAN RED B A L L in Wyoming within 100 miles of Sher the purchase. Applicants’ attorney: TRANSIT COMPANY, INC., 1000 Illinois idan, on the one hand, and, on the other, Allen Post, 1220 First National Bank Building, Indianapolis, Ind., of the oper certain points in Montana, and between Building, Atlanta 3, Ga. Operating ating rights of G. EVAN REELY, doing points jn Montana within 40 miles of rights sought to be transferred: General business as REELY’S STORAGE AND Sheridan, Wyo.; (Nestor) General com commodities, with certain exceptions FREIGHT TERMINAL, 734 West Broad modities, except Class A and B explo including household goods, as a common way, Missoula, Mont., and for acquisition sives, as a common carrier over irregular carrier over regular routes, between by CLARENCE KISSEL, also of Indian routes, between Miles City, Mont., on the Macon, Ga., and Eastman, Ga., between apolis, of control of such rights through one hand, and, on the other, points in Macon, Ga., and Dublin, Ga., and be the purchase. Applicants’ representa Montana within 150 miles of Miles City; tween Macon, Ga., and Americus, Ga., tives: Rice, Carpenter and Carraway, 618 general commodities, in collection-and- serving all intermediate points. Vendor Perpetual Building, Washington 4, D. C. delivery service, between points in W i also operates in Georgia under the Sec Operating rights sought to be trans baux, Mont.; and general commodities, ond Proviso of section 206 (a) (T „ ferred: Household goods, as defined by including livestock, between points in Vendee is authorized to operate as a the Commission, as a common carrier, Montana and North Dakota located common carrier in Alabama, Georgia, over irregular routes, between points in within 50 miles of Wibaux, Mont. Vendee South Carolina, North Carolina, Tennes Montana, between points in Montana on is authorized to operate as a common see, and Florida. Application has been the one hand, and, on the other, points carrier in Minnesota, South Dakota, filed for temporary authority under in Idaho, Oregon, Washington, Cali Nebraska, Iowa, Wyoming, Colorado, section 210a (b). fornia, and Nevada, and between points North Dakota, Montana, Wisconsin, Il No. MC-F 6315, Authority sought for in Montana nn and west of U. S. Highway linois, Utah, Washington, California, purchase by CENTRAL NEW YO R K 89, on the one hand, and, on the other, Nevada, Arizona, Idaho, and Oregon. FREIGHTWAYS, INC., 344 Sixth North points in Wyoming, Colorado, Utah, Ari Application has not been filed for tempo Street, Syracuse, N. Y., of the operating zona, and North Dakota. Vendor is re rary authority under Section 210a (b). rights and property of MOHAWK EX taining a broker’s license. Vendee is PRESS, INC., Progress Street, Union, authorized to operate as a common car By the Commission. N. J., and for acquisition by W. W. PA T rier in Alabama, Arkansas, Colorado, [ s e a l ! H arold D. M cCoy, TERSON, JR., also of Syracuse, of con Connecticut, Delaware, Florida, Georgia, Secretary. trol of such rights and property through Illinois, Indiana, Iowa, Kansas, Ken the purchase. Applicants’ attorneys: tucky, Louisiana, Maine, Maryland, [P. R. Doc. 56-5284; Piled, July 3, 1956; 8:47 a. m.J Frank J. Foley, 80 Broad Street, New Massachusetts, . Michigan, Minnesota, York 4, N. Y., and Norman M. Pinsky, Mississippi, Missouri, Nebraska, New 407 South Warren Street, Syracuse 2, Hampshire, New Jersey, New Mexico, N. Y. Operating rights sought to be New York, North Carolina, Ohio, Okla transferred: General commodities, with homa, Pennsylvania, Rhode Island, F o u r t h S e c t io n A pplications for R e l ie f certain exceptions including household South Carolina, South Dakota, Tennes J u n e 29,1956. goods, as a common carrier over irregular see, Texas, Vermont, Virginia, Wiscon Protests to the granting of an applica routes between points in Bergen, Essex, sin, West Virginia, Wyoming, and the tion must be prepared in accordance with Hudson, Middlesex, Morris, Passaic, District of Columbia. Application has Rule 40 of the general rules of practice Somerset, and Union Counties, N. J., and been filed for temporary authority under (49 CFR 1.40) and filed within 15 days points in the New York, N. Y., Commer section 210a (b ). from the date of publication of this cial Zone, as defined by the Commission, No. MC-F 6319. Authority sought fo r notice in the F ederal R eg ister . on the one hand, and, on the other, cer purchase by BUCKINGHAM TRANS tain points in New York. Vendee is PORTATION, INC., Omaha and West LONG-AND-SHORT HAUL authorized to operate as a common car Boulevard, Rapid City, S. Dak., of the FSA No. 32285: Coke and related rier in New York. Application has been operating rights of A. F. GERMANN, products—Chicago district to points in filed for temporary authority under sec doing business as BIRNEY FREIGHT Ontario. Filed by H. R. Hinsch, Agent, tion 2 1 0 a (b). LINE, 918 Adair Street, Route No. 3, for interested rail carriers. Rates on No. MC-F 6316. Authority sought for Sheridan, Wyo., and a portion of the petroleum coke, coke breeze, coke screen purchase by CENTRAL SWALLOW operating rights and certain property of ings, and pitch coke, carloads from COACH LINES, INC., 724 North Capital EDWARD J. NESTOR, doing business as Chicago, 111., Whiting, Ind., and other Avenue, Indianapolis, Ind., of a portion POWDER RIBER BUS LINES, 1200 Ivy, points in Illinois and Indiana in the of the operating rights of TRANSIT Miles City, Mont., and for acquisition Chicago district named in the applica SERVICE COMPANY, INC., 724 North by EARL F. BUCKINGHAM and HAR tion, to Chippewa, Niagara Falls, Port Capital Avenue, Indianapolis, Ind., and OLD D. BUCKINGHAM, both of Rapid Colborne, Thorold, and Welland, Ont., for acquisition by CHARLES SECON . City, of control of such rights and prop Canada. DING, STANLEY MILLER, JOHN erty through the purchase. Applicants’ Grounds for relief: Water competition GIOVANNI, JR., LESSIE A. BUFFO and representative: Marion F. Jones, 526 and circuitous routes. B. C. HALL, all of Indianapolis, of con Denham Building, Denver 2, Colo. Op Tariffs; Supplement 33 to Baltimore trol of such rights through the purchase. erating rights sought to be transferred: and Ohio Railroad Company tariff Applicants’ attorney: Harry J. Harman, (Germann) General commodities, with I. C. C. 24272 and other tariffs listed in 219 Bankers Trust Building, Indianapo certain exceptions including household appendix A of the application. Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4991

PSA No. 32286: Petroleum products to Now, therefore, as Administrator of administration thereof prion to return, Ladora, Derby, and Denver, Colo. Filed the Small Business Administration, I and after adequate provision for taxes by P. C. Kratzmeir, Agent, for interested hereby determine that: and conservatory expenses: rail carriers. Rates on refined petro 1. Applications for disaster loans un Claimant, Claim No., Property, and Location leum products, tank-car loads from der the provisions of section 207 (b) (1) of the Small Business Act of 1953, as Mrs. Emilie Kratzke, Kreis Soltau, Han specified points in Arkansas, Kansas, nover, Germany, $2,312.11 in the Treasury Louisiana, Missouri, New México, Okla amended, may be received and con of the United States. Claim No. 59294, Vest homa, and Texas to Ladora, Derby and sidered by the Offices below indicated ing Order No. 17156. Denver, Colo. from persons or firms whose property Grounds for relief: Circuitous routes. situated in Allegheny County (includ Executed at Washington, D. C., on Tariff: Supplement 58 to Agent Kratz- ing any areas adjacent to said county) June 27,1956. meir’s I. C. C. 4193. suffered damage or other destruction as For the Attorney General. PSA No. 32287: Trailer-on-flat-car a result of the catastrophe above re service between Centrad and Southwest ferred to: . [ s e a l ] P a u l V . M y r o n , Deputy Director, ern territories. Piled by ,F. C. Kratz Small Business Administration Regional Office of Alien Property. meir, Agent, for interested rail carriers. Office, Jefferson Building, Room 1118, 1015 Rates on various commodities, moving Chestnut Street, Philadelphia 7, Penn [P. R. Doc. 56-5307; Filed, July 3, 1956; on class and commodity rates, in high sylvania. 8:52 a. m.] way trailers transported on railroad flat Small Business Administration Branch Office, Pulton Building, Rooms 801—802, 107 cars between specified points in Ohio, Sixth Street, Pittsburgh 22, Pennsylvania. and Pennsylvania, also Louisville, Ky., N e t h e r lan d s fo r t h e B e n e f it o f A l ic e 2. No special field office will be es on the Erie Railroad Company, on the K a r e lin e de J o n g et a l . one hand, and points in Arkansas, Lou-' tablished at this time. isiana, Oklahoma, and Texas, on the 3. Applications for disaster loans un NOTICE OF INTENTION TO RETURN VESTED other. der the authority of this Declaration PROPERTY Grounds for relief: Motor truck com will not be accepted subsequent to Pursuant to section 32 (f ) of the Trad petition and circuity. December 31, 1956. ing With the Enemy Act, as amended, Tariff: Supplement 2 to Agent Kratz- Dated: June 20, 1956. notice is hereby given of intention to re meir’s tariff I. C. C. 4196. turn, on or after 30 days from the date PSA No. 32288: Barytes, etc., from New W e n d e ll B. B ar n e s, of publication hereof, the following prop Mexico to interstate points. Filed by Administrator. erty, subject to any. increase or decrease P. C. Kratzmeir, Agent, for interested [F . R. Doc 56-5292; Filed, July 3, 1956; resulting from the administration rail carriers. Rates on barite (barytes), 8:49 a. m.] thereof prior to return, and after ade celestite ore, carloads from Limitar, quate provision for taxes and conserv McNierney, San Acacia and Socorro, N. atory expenses: Mex., to various interstate destinations DEPARTMENT OF JUSTICE Claimant, Claim No., Property, and Location as described in the application. Grounds for relief: Short-line distance Office of Alien Property The State of the Netherlands for the ben formula and circuitous routes. efit of (all right, title and interest of the A . A . K is s l in g Attorney General acquired pursuant to Vest Tariff: Supplement 55 to Agent Kratz- ing Order No. 18521 (16 P. R. 10097, October n o t ic e o f in t e n t io n t o r e t u r n vested meir’s I. C. C. 4092. 3,1951) in and to) : PSA No. 32289: Old bags—Official Ter PROPERTY Alice Kareline de Jong, L. S. Claim No. ritory to Memphis, Tenn.^ Piled by P. C. Pursuant to section 32 (f ) of the Trad 239, Cities Service Company 5/58 Debenture Kratzmeir, Agent, for interested rail ing With the Enemy Act, as amended, No. 12146, in the principal amount of $1,000. carriers. Rates on bags, old, worn out, notice is hereby given of intention to re Carolina Eitje, L. S. Claim No. 376, Cities carloads from specified points in official Service Company 5/69 Debenture No, 10958, turn, on or after 30 days from the date in the principal amount of $1,000. territory to Memphis, Term. of publication hereof, the following prop Albert and Sally Elzas, Cato Sjouwerman, Grounds for relief: Carrier competi erty, subject to any increase or decrease Cornells, Simon, Bertha and Bernard de Vries, tion and circuity. resulting from the administration there Lydia Kroonenberg, and Constance Muyen, L. S. Claim No. 380, Cities Service Company By the Commission. of prior to return, and after adequate provision for taxes and conservatory 5/58 Debenture No. 27522, in the principal amount of $1,000. [ seal] H arold D. M cC o y , expenses: Secretary. Herman Judell, Eduard Elias, and Joel Claimant, Claim No., Property, and Location Goudsmit, L. S. Claim No. 413, Cities Service Power and Light Company 5^/52 Debenture [P. R. Doc. 56-5282; Piled, July 3, 1956; A. A. Kissling, Bern, Switzerland, $1,147.94 8:46 a. m.] No. 18589, in the principal amount of $1,000. in the Treasury of the United States. Claim Adriana Beversluis, Jacques and Maria No. 41268, Vesting Order No. 5585. Hamburger, L. S. Claim No. 462, Cities Service SMALL BUSINESS ADMINISTRA Executed at Washington, D. C., on Company 5/58 Debenture No. 107, in the June 27, 1956. principal amount of $500. TION Netherlands Embassy, Office of the Finan For the Attorney General. cial Counselor, 25 Broadway, New York 4, [Declaration of Disaster Area 107] New York. [ s e a l] P a u l V . M y r o n , P ennsylvania Deputy Director, Executed at Washington, D. C., on Office of Alien Property. June 27, 1956. DECLARATION OF DISASTER AREA [P. R. Doc. 55-5306 ; Piled, July 3, 1956; For the Attorney General. Whereas it has been reported that on 8:52 a. m.] [ s e a l ] P a u l V. M y r o n , or about June 17, 1956, because of the Deputy Director, disastrous effects of a flood, damage re Office of Alien Property. sulted to residences and business prop erty located in certain areas in the State [F. R. DOC. 56-5308; Piled, July 3, 1956; E m i l i e K r a t z k e 8:52 a. m.] of "Pennsylvania; Whereas the Small Business Adminis NOTICE OF INTENTION TO RETURN VESTED tration has investigated and has re PROPERTY ceived other reports of investigations of Pursuant to section 32 (f) of the N eth e r lan d s for t h e B e n e f it o f T h e a conditions in the areas affected; and Trading With the Enemy Act, as C e l in e E l ia s et a l . Whereas after reading and evaluating amended, notice is hereby given of in reports of such conditions, I find that NOTICE OF INTENTION TO RETURN VESTED tention to return, on or after 30 days PROPERTY the conditions in such areas constitute from the date of publication hereof, the a catastrophe within the purview of the following property, subject to any in Pursuant to section 32 (f ) of the Trad Small Business Act of 1953, as amended: crease or decrease resulting from the ing With the Enemy Act, as amended, No. 129------7 4992 NOTICES

notice is hereby given of intention to Mrs. Suze Christine Leopold, L. S. Claim N et h e r lan d s for t h e B e n e f it o f return, on or after 30 days from the date No. 570, Cities Service Company 5/69 Deben N ic o la a s de V ries et a l . of publication hereof, the following prop ture No. 1461, in the principal amount of erty, subject to any increase or decrease $1,000. NOTICE OF INTENTION TO RETURN VESTED Jonas, Chawa and Betty Loopuit, L. S. PROPERTY resulting from the administration there Claim No. 586, Southern Pacific Company of prior to return, and after adequate 4/49 Bond No. 107, in the principal amount Pursuant to section 32 (f) of the provision for taxes and conservatory of $500. Trading With the* Enemy Act, as expenses: Mozes Jacob Nieuwendijk, L. S. Claim No. 623, Cities Service Company 5/50 Debenture amended, notice is hereby given of in Claimant, Claim No., Property, and Location No. 89930, in the principal amount of $1,000. tention to return, on or after 30 days The State of the Netherlands for the bene Netherlands Embassy, Office of the Finan from the date of publication hereof, the fit of (all right, title and interest of the cial Counselor, 25 Broadway, New York 4, New following property, subject to any in Attorfaey General acquired pursuant to Vest York. crease or decrease resulting from the ing Order No. 18521 (16 P. R. 10097, October 3, Executed at Washington, D. (?., on administration thereof prior to return, 1951) in and t o ): June 27,1956. and after adequate provision for taxes Thea Celine Elias, L. S. Claim No. 378, U n and conservatory expenses: ion Pacific Railroad Company 4/47 Bond No. For the Attorney General. 16830, in the principal amount of $500. Claimant, Claim No., Property, and Location Gretha Elias, 1». S. Claim No. 408, Cities [ s e a l ] P a u l V. M y r o n , Service Company 5/66 Debenture No. 3006, Deputy Director, The State of the Netherlands for the ben in the principal amount of $1,000*. Office of Alien Property. efit of (all right, title and interest of the Erich Theodor Gelber, L. S. Claim No. 419, Attorney General acquired pursuant to Vest Cities Service Company 5/58 Debenture No. [F. R. Doc. 56-5310; Filed, July 3, 1956; ing Order No. 18521 (16 F. R. 10097, October 18514, in the principal amount of $1,000. 8:52 a. m.j 3,1951) in and t o ) : Freddy Gompertz, L. S. Claim No. 439, Nicolaas and Hugo de Vries, L. S. Claim No. Southern Pacific Company-San Francisco 519, Southern Pacific Railroad Company 4/55 Terminal 4/50 Bond No. 3057, in the principal Bond No. 30288, in the principal amount of $ , . amount of $500. N eth er land s for t h e B e n e f it of 1 000 Naatje and Rudolf Sanders, L. S. Claim Antonia Maria Wilhelmina Gosschalk-Ber J o s e p h in e v a n A d elber g en et a l . _ gen, L. S. Claim No. 442, Southern Pacific No. 634, Southern Pacific Company 4/49 Bond Company-San Francisco Terminal 4/50 Bond NOTICE OF INTENTION TO RETURN VESTED Nos. 21931 and 16240, in the principal amount No. 3368, in the principal amount of $100. PROPERTY of $1,000 each. Netherlands Embassy, Office of the Finan M. Kleerekoper-de Jong and M. Granaada- cial Counselor, 25 Broadway, New York 4, Pursuant to section 32 (f) of the de Jong, L. S. Claim No. 535, Southern Pacific New York. Trading With the Enemy Act, as amend Company-San Francisco Terminal 4/50 Bond ed, notice is hereby given of intention No. 15198, in the principal amount of $1,000. Executed at Washington, D. C., on to return, on or after 30 days from the Betty Jessurun and Elvire Veenhuys, L. S. June 27, 1956. date of publication hereof, the following Claim No. 587, Cities Service Company 5/69 Debenture No. 41651, in the principal amount For the Attorney General. property, subject to any increase or de of $1,000. crease resulting from the administration [ s e a l ] P a u l V. M y r o n , Arthur Menko, L. S. Claim No. 599, Cities Deputy Director, thereof, prior to return, and after ade Service Company 5/69 Debenture No. 19886, quate provision for taxes and conserva in the principal amount of $1,000. Office of Alien Property. tory expenses: Netherlands Embassy, Office of the Finan cial Counselor, 25 Broadway, New York 4, [F. R. Doc. 56-5309; Filed, July 3, 1956; Claimant, Claim No., Property, and Location 8:52 a. m.] New York. The State of the Netherlands for the bene fit of (all right, title and interest of the Executed at Washington, D. C., on Attorney General acquired pursuant to Vest June 27,1956. ing Order No. 18521 (16 F. R. 10097, October For the-Attorney General. N eth e r lan d s for t h e B e n e f it o f Jo h a n n a 3,1951) in and t o ) ; VAN DE R U IT ET AL. Josephine van Adelbergen, nee Godschalk, [ s e a l ] P a u l V . M y r o n , sole heiress of Bertha Godschalk (deceased), Deputy Director, NOTICE OF INTENTION TO RETURN VESTED £>. S. Claim No. 431, Cities Service Company Office of Alien Property. PROPERTY 5/69 Debenture No. 49031, in the principal amount of $1,000. [F. R. Doc. 56-5312; Filed, July 3, 1956; Pursuant to section 32 (f ) of the Trad Marie Hauer-Hertz, Ellen Zollikofer-Hauer, 8:53 a. m.] ing With the Enemy Act, as amended, and Lotte van den Bergh-Hauer, L. S. Claim notice is hereby given of intention to No. 472, Cities Service Company 5/69 Deben ture No. 21329, in the principal amount of return, on or after 30 days from the date $1,000. of publication hereof, the following prop Theodoor Heimans,' L. S. Claim No. ■ 474, N eth e r lan d s for t h e B e n e f it of erty, subject to any increase or decrease Cities Service Company 5/69 Debenture No, J o h a n n e s v a n B u r k e n et a l . resulting from the administration thereof 34932, in the principal amount of $1,000. prior to return, and after adequate pro Dr. Jacob H. van der Hoeden, L. S. Claim NOTICE OF INTENTION TO RETURN VESTED No. 489, Cities Service Company 5/58 Deben PROPERTY vision for taxes and conservatory ex ture No. 19883, in the principal amount of penses: $1,000. Pursuant to section 32 (f ) of the Trad Claimant, Claim No., Property, and Location Albert Jules Keizer, L. S. Claim No. 531, ing With the Enemy Act, as amended, Atchison, Topeka and Santa Fe Railway notice isy hereby given of intention to The State of the Netherlands for the Company, 4/95 Bond No. 96519, in the prin benefit of (all right, title and interest of cipal amount of $1,000. return, oh or after 30 days from the the Attorney General acquired pursuant to Netherlands Embassy, Office of the Finan date of publication hereof, the following Vesting Order No. 18521 (16 F. R. 10097, cial Counselor, 25 Broadway, New York 4, property, subject to any increase or de October 3,1951) in and to) : New York. crease resulting from the administration Johanna, Cornelia, Gerardus and Heeltje van de Ruit; Anna de Jonge; and Johanna Executed at Washington, D. C., on thereof prior to return, and after ade van Tongeren, L. S. Claim No. 142, Cities June 27,1956. . quate provision for taxes and conserva Service Company 5/58 Debenture Nos. 7726 tory expenses: For the Attorney General. and 13776, in the principal amount of $1,000 Claimant, Claim No., Property, and Location each; and Southerd Pacific Company 4^/69 { s e a l ] P a u l V. M y r o n , Bond No. 12259, in the principal amount of Deputy Director, The State of the Netherlands for the ben $1,000. Office of Alien Property. efit of (all right, title and Interest of the Philip Arnold Hartog, L. S. Claim No. 469, Attorney General acquired pursuant to Vest Cities Service Company 5/69 Debenture No. [F. R. Doc. 56-5311; Filed, July 3, 1956; ing Order No. 18521 (16 F. R. 10097, October 3, 45862, in the principal amount of $1,000. 8:52 a. m.] 1951 ) in and to) : Wednesday, J u ly 4, 1956 FEDERAL REGISTER 4993

Johannes van Burken, I».- S. Claim No. 543, Leon and Karel van Leer, L. S. Claim No. . Executed at Washington, D. C., on Cities Service Company 5/66 Debenture No. 559, Cities Service Company 5/69 Debenture June 27,1956. 9864, in the principal amount of $1,000. No. 48222, in the principal amount of $1,000. For the Attorney General. Alice Loebel, L. S. Claim No. 545, Cities Saar Frisco, L. S. Claim No. 569, Cities Serv Service Company 5/69 Debenture No. 14123, ice Company 5/69 Debenture No. 47616, in [ s e a l ] P a u l V . M y r o n , in the principal amount of $1,000. the principal amount of $1,000. Deputy Director, Celine Kosturkiewicz and Helena Noorden- Office of Alien Property. bos, L. S. Claim No. 547, Cities Service Com Netherlands Embassy, Office of the Finan pany 5/58 Debenture No. 39179, in the prin cial Counselor, 25 Broadway, New York 4, [F. R. Doc. 56-5313; Filed, July 3, 1956; cipal amount of $1,000. New York. - ' 8:53 a.m .]