^ V O N A L ^ ,

« * • i t r t d à T V V FEDERAL REGISTER VOLUME 20 '9 3 4 NUMBER 223 * i/A/iTEO % Washington, Wednesday, November 16, 1955

TITLE 5— ADMINISTRATIVE ership borrowers to accomplish planned CONTENTS development or improvement work also PERSONNEL will be deposited in supervised bank ac­ Agricultural Conservation Pro- PaB® Chapter I— Civil Service Commission counts prior to or at the time of loan gram Service closing in accordance with the provi­ Rules and regulations; P art 6— E x c eptio n s F rom C o m pet itiv e sions set forth in the basic regulations National agricultural conserva­ S ervice of the Farm Ownership program. When tion; prior request for cost­ department o f ju s t ic e the title is held jointly with the right of sharing, establishment of survivorship, a joint survivorship super­ additional acreages of vege­ Effective upon publication in the F ed­ vised bank account should be established tative cover for winter pro­ eral R egister, subparagraph (7) is added from which either the husband or wife tection from erosion, prac­ to § 6.308 (j) as set out below. could withdraw funds; in such case, both tices carried out with State § 6.308 Department of Justice. * * * the husband and the wife will sign Form or Federal aid: (j) Immigration and Naturalization FHA-192. Subpart—1955______.____ 8491 Service. * * * 2. Section 303.3, Title 6, Code of Fed­ Subpart—1956______8491 (7) Assistant Commissioner, Field In­ eral Regulations (20 F. R. 5227) is re­ Agricultural Marketing Service spection and Security Division. vised to prescribe the conditions under Proposed rule making: (R. S. 1753; sec. 2, 22 S tat. 403; 5 U. S. C. 631, which a borrower may establish two Type 62 shade-grown cigar- 633; E. O. 10440, M arch 31, 1953, 18 F. R. supervised bank accounts and to read as leaf tobacco grown in desig­ 1823, 3 CFR 1953 Supp.) follows; nated production area of U n ited S tates C iv il S erv­ § 303.3 Establishing accounts. While Florida and Georgia; pro­ posed termination of suspen­ ic e C o m m issio n , each borrower will be given an opportu­ sion of marketing agreement [ seal] W m . C. H u l l , nity to choose the bank in which his Executive Assistant. supervised bank account will be estab­ and order______8500 [F. R. Doc. 55-9197; Filed, Nov. Ì5, 1955; lished, unless otherwise authorized in Agricultural Research Service 8:47 a. m.] writing by the Administrator, supervised Rules and regulations: bank accounts will be established only in Foot-and-mouth disease, pleu­ banks in which deposits are insured by ropneumonia, rinderpest, and TITLE 6— AGRICULTURAL CREDIT the Federal Deposit Insurance Corpora­ other contagious or infectious tion. Ordinarily, a borrower who obtains animal diseases which consti­ Chapter III— Farmers Home Adminis­ an insured loan will be expected to es­ tute an emergency and tration, Department of Agriculture tablish such account with the lender whov threaten the livestock indus­ furnished the loan funds, if the lender try of the country; determi­ [FHA Instruction 402.1] is a local banking institution. In making nation of existence of disease; P art 30?—S u pervised B ank A ccounts arrangements with banks, ordinarily agreements with States____ 8492 MISCELLANEOUS AMENDMENTS only one supervised bank account will Agriculture Department be maintained for any one borrower re­ See Agricultural Conservation 1. Section 303.2 (b) (1) Title 6, Codegardless ot the amount or source of Program Service; Agricultural of Federal Regulations (20 F. R. 821) is funds. However, in those instances in Marketing Service; Agricultural revised to require the signatures of the which a borrower with a supervised bank Research Service; Farmers husband and wife on the deposit agree­ account receives an insured loan from Home Administration. ment when a joint survivorship bank another bank and the bank furnishing account is established and to read as the funds requests the borrower to de­ Civil Aeronautics Board follows : posit the loan funds in that bank, the Notices: American Airlines, Inc., and § 303.2 Use of supervised bank ac­ borrower may maintain two accounts counts. * * * provided only one supervised account Flying Tiger Line, Inc.; peti­ will be maintained after the insured loan tions to modify minimum (b) Farm Ownership borrowers. (1) rates______8504 All insured and direct loan funds will be funds are expended. For each account, an original and two copies of Form FHA- Proposed rule making: deposited in the supervised bank account Flight recorders-______- 8500 on the date of loan closing except when 192 will be executed by the borrower, the all of the proceeds of the check are dis­ bank, and the County Supervisor. Au­ Civil Service Commission tributed at the time of loan closing for thority to execute Form FHA-192 on Rules and regulations: the purchase price and service fees. behalf of the Government may be re- Exceptions from competitive Funds representing down payments or delegated by County Supervisors to per- service; Department of Jus­ cash contributions made by Farm Own­ (Continued on p. 8491) tice______8489 8489 8490 RULES AND REGULATIONS

CONTENTS-—Continued CONTENTS— Continued FEDERAL|pEGISTER Federal Communications Com- Pa°e Labor Department Pa§e \ 1314 mission See Employment ' Security Bu­ «WTtO* Notices: reau; Public Contracts Division. Hearings, etc.: Land Management Bureau Class B FM Broadcast Sta­ Published daily, except Sundays, Mondays, Notices: and days following official Federal holidays, tions______8504 Arizona; small tract classifica- by the Federal Register Division, National Manchester Broadcasting Co. tion------8503 Archives and Records Service, General Serv­ et al______8504 Wyoming; proposed withdrawal ices Administration, pursuant to the au­ Proposed rule making: and reservation of lands___ 8503 thority contained in the Federal Register Act, Radio stations in Alaska (other Rules and regulations : approved July 26, 1935 (49 S tat. 500, as than amateur and broad­ Gil and gas leases; extension for amended; 44 U. S. C., ch. 8B), under regula­ cast) ; intership use of certain tions prescribed by the Administrative Com­ terms of cooperative or unit frequencies______8502 p lan ..______8500 mittee of the Federal Register, approved by Television broadcast stations; the President. Distribution is made only by National Bureau of Standards the Superintendent of Documents, Govern­ miscellaneous amendments.. 8501 m en t P rin tin g Office, W ashington 25, D. C. Rules and regulations: Rules and regulations: The F ederal R egister will be furnished by Television broadcast stations,0 Test fee schedules and standard mail to subscribers, free of postage, for $1.50 table of assignments; miscel­ samples; miscellaneous per month ,or $15.00 per year, payable in laneous amendments______8495 amendments______8499 advance. The charge for individual copies (minimum 15 cents) varies in proportion to Federal Housing Administration Public Contracts Division the size of the issue. Remit check or money Rules and regulations: Proposed rule making : order, made payable to the Superintendent Home Rehabilitation Insur­ General regulations; extension of Documents, directly to the Government ance; eligibility require­ of time to submit views and P rin tin g Office, W ashington 25, D. C. arguments.!______8500 The regulatory material appearing herein ments of mortgage cover­ is keyed to the Code o p F ederal R egulations, ing: Securities and Exchange Com­ which is published, under 50 titles, pursuant One- to eleven-family dwell- mission to section 11 of the Federal Register Act, as ings__.___ — ______8498 Notices: amended August 5, 1953.. The Code o p F ed­ Single family dwellings.__ _ 8498 Michigan Consolidated Gas Co. eral R egulations is sold by the Superin­ tendent of Documents. Prices of books Federal Power Commission and American Natural Gas pocket supplements vary. Notices : Co.; order granting applica­ There are no restrictions on the re­ Hearings, etc.: tion-declaration______8505 publication of material appearing in the Atlantic Refining Co.______8507 F ederal R egister, or th e C ode o p F ederal CODIFICATION GUIDE R egulations. Baltic Operating Co____ !___ 8506 Northern Natural Gas Co. A numerical list of the parts of the Code et al______8506 of Federal Regulations affected by documents Otter Tail Power Co______8505 published in this issue. Proposed rules, as Now Available Phillips Petroleum Co______8507 opposed to final actions, axe identified as Sun Oil Co____ i ______8507 such. UNITED STATES Texas Co____ —,______8506 Title 5 Page Vickers Petroleum Co., Inc__ 8508 Chapter I: GOVERNMENT Fish and Wildlife Service Part 6____ 8489 ORGANIZATION Rules and regulations: Title 6 Taking animals, birds, and Chapter III: MANUAL game fishes; miscellaneous Part 303.____ ;______8489 amendments ______8498 Part 311______8491 1955—56 Edition Food and Drug Administration Title 7 (Revised through June 1) Rules and regulations: Chapter IX: Published by the Federal Register Division, Color certification______8492 Part 983 (proposed)______8500 the National Archives and Records Service, Chapter XI: General Services Administration Health, Education, and Welfare Part 1101 (2 documents)_____ 8491 Department Title 9 768 pages— $1.00 a copy See also Food and Drug Adminis­ tration. Chapter I: Order from Superintendent-of Documents, Notices ; Part 53______8492 United States Government Printing Office, Invitation to bid on surety Title 14 Washington 25, D. C. bond______8503 Chapter I: Part 4b (proposed)______8500 Housing and Home Finance Part 40 (proposed)______8500 Agency \ Part 41 (proposed)______8500 CONTENTS— Continued See Federal Housing Administra­ Part 42 (proposed)______8500 Commerce Department Pas® tion. Title 15 See National Bureau of Standards. Interior Department Chapter II: Employment Security Bureau See Fish and Wildlife Service; Part 205__ 8499 Rules and regulations: Land Management Bureau. Part 230______- 8499 Responsibilities of: Interstate Commerce Commis­ Title 20 Federal agencies. ______8492 sion Chapter V: State employment security Part 609______*1_____8492 Notices: Part 610______8492 agencies______8492 Fourth section applications for Farmers Home Administration relief______... ______8513 Title 21 Rules and regulations: Motor carrier applications____ 8508 Chapter I: Farm ownership loans; loan Proposed rule making: Part 135______8492 limitations; average value of Uniform system of accounts for Title 24 farms, Oregon______8491 railroad companies; amor­ Chapter IE: Supervised bank accounts; tization accounting for emer­ Part 261______8498 Farm Ownership borrowers— 8489 gency carrier facilities______8503 Part 266______8498 Wednesday, November 16, 1955 FEDERAL REGISTER 8491

Oregon—Co ntinued weather conditions and the growth har­ CODIFICATION GUIDE— Con. Average vested is needed for use on farms in the County: value area.” Title 41 PaS® Malheur ______$35, OOO 3. Section 1101.689 is amended by q n tp r TT • Marion ______- 35,000 changing the period at the end of the Part 201 ^proposed)______8500 M orrow ______35,000 Multnomah ______35,000 second sentence to a comma and adding Title 43 Polk ______:______35,000 the following: “except that the State Chapter I: ..Sherm an______.______35,000 committee may authorize the harvesting Part 192____ 8500 T illam ook______35, 000 of the growth for hay or silage in areas U m a tilla ______35,000 Title 47 where it determines that a serious short­ U n io n ______35,000 age of hay or silage exists due to adverse Chapter I: W a llo w a ______.______35,000 Part 3______8495 W a sc o _____;______- 35, 000 weather conditions and the growth har­ Proposed rules______8501 W ash in gton______35, 000 vested is needed for use on farms in the Part 14 (proposed) ______— 8502 W heeler______— 35,000 area.” • Yamhill ___ ------35, 000 Title 49 (Sec. 4, 49 S tat. 164; 16 U. S. C. 590d. In ­ (Sec. 41 (i), 60 S tat. 1066; 7 U. S. C. 1015 (i). terp ret or apply secs. 7-17, 49 S tat. 1148, as Chapter I : amended, 68 S tat. 311; 16 U. S. C. 590g-590q) Part 10 (proposed)______8503 In terp rets or applies sec. 3 (a ), 60 Stat. 1074; 7 U. S. C. 1003 (a )) Done at Washington, D. C., this 10th Title 50 Dated: November 9, 1955. day of November 1955. Chapter I : , Part 46______- 8498 [ seal] R. B. M cL e a ish , T rue D . M orse, Administrator, Acting Secretary of Agriculture. Farmers Home Administration. sons under their supervision. If an [F. R. Doc. 55-9217; Filed, Nov. 15, 1955; agreement is already in existence and [F. R. Doc. 55-9196; Filed, Nov. 15, 1955; 8:51 a. m.] additional funds are to be deposited, a 8:47 a. m.] new agreement on Form FHA-192 is not required unless requested by the TITLE 7— AGRICULTURE bank. [ACP-1956, Supp. 3] (R. S. 161, sec. 6 (3), 50 S tat £70, sec. 41 (1), Chapter XI— Agricultural Conserva­ P art 1101—N ational A gricultural 60 S tat. 1066; 7 U. S’. C. 1015 ( i) , 5 U. S. C. tion Program Service, Department C onservation ■22, 16 U. S. C. 590W (3 )) of Agriculture S ubpart—1956 Dated: November 9, 1955. [ACP-1955, Supp. 12] PRIOR REQUEST FOR COST-SHARING; PRAC­ [ seal] R. B. M cL e a ish , P art 1101—N ational A gricultural TICES CARRIED OUT WITH STATE OR FED­ Administrator, C onservation ERAL a id ; establishment o f vegetative Farmers Home Administration. cover for w in t e r protectio n from S ubpart—1955 [F. R. Doc. 55-9195; Filed, Nov. 15, 1955; ero sion 8:47 a. m.] PRIOR REQUEST FOR COST-SHARING; ESTAB­ Pursuant to the authority vested in the LISHMENT OF ADDITIONAL ACREAGES OF Secretary of Agriculture under sections VEGETATIVE COVER FOR WINTER PROTEC­ 7-17 of the Soil Conservation and TION FROM EROSION; ESTABLISHMENT OF Domestic Allotment Act, as amended, P art 311—B asic R egulations VEGETATIVE COVER IN THE FALL OF 1955 and the Department of Agriculture and FOR WINTER PROTECTION FROM EROSION S ubpart B—L oan L im ita tio n s Farm Credit Administration Appropri­ Pursuant, to the authority vested in the ation Act, 1956, the 1956 National AVERAGE VALUES OP FARMS; OREGON Secretary of Agriculture under sections Agricultural Conservation Program , For the purposes of title I of the Bank- 7-17 of the Soil Conservation and Do­ approved June 14, 1955 (20 F. R. 4281), head-Jones Farm Tenant Act, as mestic Allotment Act, as amended, and as amended July 22,1955 (20 F. R. 5341), amended, average values of efficient the Department of Agriculture Appro­ and August 30, 1955 (20 F. R. 6511), is family-type farm-management units for priation Act, 1955, the 1955 National further amended as follows: the counties identifies below are deter­ Agricultural Conservation Program, ap­ 1. Section 1101.715 is amended by re­ mined to be as herein set forth. "The proved July 1, 1954 (19 F. R. 4138), as vising the first sentence to read as average values heretofore established for amended August 3, 1954 (19 F. R. 4953), follows: “Costs will be shared only for said counties, which appear in the tabu­ September 15, 1954 (19 F. R. 6059), those practices, or components of prac­ lations of average values under § 311.29, October 25, 1954 (19 F. R. 6910), March tices, for which cost-sharing is requested Chapter in , Title 6 of the Code of Fed­ 1, 1955 (20 F. R. 1336), April 7, 1955 (20 by the farm or ranch operator before eral Regulations, are hereby superseded F. R. 2414), April 26,1955 (20 F. R. 2881), performance thereof is started, except by the average values set forth below for May 16, 1955 (20 F. R. 3494), June 10, that for the practices contained in said counties. 1955 (20 F. R. 4209), June 14, 1955 (20 §§ 1101.792 and 1101.796, the Adminis­ Oregon Average F. R. 4281), July 22, 1955 (20 F. R. 5340), trator, ACPS, may authorize the accept­ C ounty: value and August 30, 1955 (20 F. R. 6511), is ance of requests for cost-sharing filed B a k e r______;------$35, 000 further amended as follows: within a reasonable period after per­ B e n to n ______------35,000 Clackamas - ______.______35,000 1. Section 1101.615 is amended by formance thereof is started, such period C la ts o p ______*------35,000 changing the period at the end of the to be stated in the practice wording.” C o lu m b ia ______35,000 first sentence to a comma and adding the 2. Section 1101.728 is amended to read C o o s______35, 000 following: “except that for the practice as follows: C ro o k ______'______35, 000 contained in § 1101.696, the Administra­ C u rry ______.*—- 35,000 tor, ACPS, may authorize the acceptance § 1101.728 Practices carried out with D e sc h u tes______—------— 35,000 of requests for cost-sharing filed within State or Federal aid. The total extent D o u g las______35, 000 G illia m ______35,000 a reasonable period after performance of any practice performed shall be re­ G r a n t______- — 35,000 thereof is started, such period to be duced for the purpose of computing cost- H a rn ey ______:______—_ 35, 000 stated in the practice wording.” sharés by the percentage of the total cost Hood R iv e r______- 35, 000 2. Section 1101.685 is amended by of the items of performance on which Ja c k s o n ______35,000 changing the period at the end of the costs are shared which the county com­ Je fferso n ______- 35,000 second sentence to a comma and adding J o s e p h in e ______35,000 the following: “except that the State mittee determines was furnished by a K la m a th ______35,000 committee may authorize the harvesting State or Federal agency. Materials or Lake ______35,000 services furnished through the program, L a n e ______35,000 of the growth for hay or silage in areas L in c o ln ______35,000 where it determines that a serious short­ materials or services furnished by any L inn ______35, 000 age of hay or silage exists due to adverse agency of a State to another agency of 8492 RULES AND REGULATIONS

the same State, or materials or services Effective date. The foregoing amend­ P art 610—R eg u la tio ns to I m plem en t furnished or used by a State or Federal ment shall become effective upon issu­ T it l e X V o f t h e Social S ec u r ity A ct, agency for the performance of practices ance. as A m ended, R esponsibilities o f S tate on its land shall not be regarded as State The purpose of the revisions contained E m pl o y m en t S ec u r ity A gencies or Federal aid for the purposes of this in this amendment are to provide for the section. more rapid removal of diseased animals determination o f entitlement 3. Section 1101.785 is amended byin those instances where State indem­ Pursuant to the authority vested in me changing the period at the end of the nity funds have not been made available. by section 1509, Title XV of the Social second sentence to a comma and adding The amendment relieves the presently Security Act, as amended (68 Stat. 1130; the following:, “except that the State imposed limitation on the payment of 42 U. S. C. A. 1361, et seq.), the follow­ committee may authorize the harvest­ Federal indemnity and must be made ing regulation contained in this part is ing of the growth for hay or silage in effective immediately to be of maximum amended. The amendment is designed areas where it determines that a serious benefit to persons subject to this limita­ to clarify the fact that Title XV com­ shortage of hay or silage exists due to tion. 'Accordingly, under section 4 Of the pensation shall not be paid for periods to adverse weather conditions 'and the Administrative Procedure Act (5 UJ5. C. which a payment tor terminal annual growth harvested is needed for use on 1003), it is found upon good cause that leave is allocated without regard to farms in the area.” notice and other public procedure with whether an individual is considered un­ (Sec. 4, 49 S tat. 164; 16 U. S. C. 590d. In te r­ respect to the amendment are imprac­ employed during such periods. p ret or apply secs. 7-17, 49 S tat. 1148, as ticable and contrary to the public in­ Paragraph (a) of § 610.5 is amended to amended, 69 S tat. 55; 16 U. S, C. 590g-590q) terest, and the amendment may be made read as follows : effective less than 30 days after publica­ § 610.5 Determination of entitle­ Done at Washington, D. C., this 10th tion in the F ederal R eg ister . day of November 1955. ment—(a) Entitlement. The agency of (Sec. 11, 58 S tat. 734, as am ended, 67 S tat. the State to which a Federal employee’s E. L. P eterson , 493; 21 U. S. C. 114, 111, 114a) Federal service and Federal wages have Assistant Secretary of Agriculture. Done at Washington, D. C., this 10th been assigned (or of the State to which day of November 1955. they have been transferred in accord­ [F. R. Doc. 55-9218; Filed, Nov. 15, 1955; ance with the Interstate Wage Combin­ 8:52 a. m.] [ seal] Mr R. C larkson, ing Plan) shall determine the claimant’s Acting Administrator, entitlement to compensation and shall Agricultural Research Service. TITLE 9— ANIMALS AND pay such compensation in the same [F. R. Doc. 55-9220; Filed, Nov. 15, 1955,* amounts, oh the same terms, and subject ANIMAL PRODUCTS 8:52 a. m.] to the same conditions as the benefits which would be payable to such claimant Chapter I— Agricultural Research under the unemployment compensation Service, Department of Agriculture TITLE 20— EMPLOYEES’ law of the State if the Federal service BENEFITS and Federal wages of such claimant had Subchapter B— Cooperative Control and been included as employment and wages Eradication of Animal Diseases Chapter V— Bureau of Employment under such law, except that, no payment P art 53—•‘t’ooi - and - M o u t h D isea se, Security, Department of Labor of compensation shall be made for P leuropneumonia, R in d e r pe st, and periods to which a payment for terminal O ther C ontagious or I n fec tio u s A n i­ P art 609—R egulations to I m plem en t annual leave is allocated. The notice of m al D isea ses W h ic h C o n stit u t e an T itl e XV of t h e S ocial S ecu rity A ct, determination given to the claimant pur­ E mergency and T hreaten t h e L iv e ­ as Amended, R esponsibilities of F ed­ suant to the unemployment Compensa­ sto ck I ndustry of th e C ountry eral A gencies tion law of the State shall include the information to federal em plo yees findings made by the Federal agency and DETERMINATION OF EXISTENCE OF DISEASE' shall inform the claimant of his right to AGREEMENTS WJTH STATES Pursuant to the authority vested in me additional information or reconsidera­ by section 1509, Title XV of the Social tion and correction of such findings. Pursuant to the provisions of sections Security Act, as amended (68 Stat. 1130; 3 and 11 of the Act of May 29, 1884, as The State agency shall set forth the 42 U. S. C. A. 1361, et seq.), the following findings of the Federal agency in suffi­ amended (23 Stat. 32, 58 Stat. 734) and regulation contained in this part is section 2 of the Act of February 2, 1903 cient detail to enable the, claimant to amended. This amendment is designed determine whether he wishes to request (32 Stat. 792; 21 U. S. C. 114, 111, 114a), to conform the regulation to the revised paragraph (b) of § 53.2 of the regula­ reconsideration or correction of any such designation and use of U. S. Government findings, to the extent that such infor­ tions pertaining to payment of indemni­ Standard Form 8. ties for animals destroyed because of mation has been furnished by the Fed­ Paragraph (b) of § 609.2 is amended to eral agency. foot-and-mouth disease, pleuropneu­ read as follows: monia, rinderpest, and other contagious * * * * * and infectious animal diseases (9 CFR, (b) Complete Standard Form 8, “No­ (Sec. 1509, 68 S tat. 1135) 1954 Supp., Part 53), is hereby amended tice to Federal Employee About Unem­ Effective date. This amendment shall to read as follows: ployment Compensation” in accordance take effect upon publication in the F ed­ with instructions thereon, and furnish a eral R eg ister. 1 § 53.2 Determination of existence of completed copy of such form to each of disease; agreements with States. * * * its employees at the time of separation Signed at Washington, D. C., this 8th (b) Upon agreement of the authorities day of November 1955. of the State to enforce quarantine re­ from Federal service, when transferred from one payroll office to another or A rthur L arson, strictions and orders and directives prop­ Acting Secretary of Labor. erly issued in the control and eradication when the office responsible for distribu­ of such a disease, the Chief of Branch is tion of the form is advised that the in­ [F. R. Doc. 55—9190; Filed, Nov. 15, 1955; dividual is on leave without pay for seven 8:46 a. m.] hereby authorized to agree, on the part consecutive days or more, of the Department, to cooperate with (Sec. 1509, 68 S tat. 1135) the State in the control and eradication TITLE 21— FOOD AND DRUGS of the disease, and to pay not more than Effective date. This amendment shall 50 percent of the expenses of purchase, take effect upon publication in the .Chapter I-—Food and Drug Admin­ destruction and disposition of animals F ederal R eg ister . istration, Department of Health, and materials required to be destroyed because of being contaminated by or ex­ Signed at Washington, D. C., this 8th Education, and Welfare posed to such disease: Provided, That day of November 1955. P art 135—C olor C ertification the Secretary may authorize other ar­ A rthur L arson, miscellaneous am endm ents rangements for the payment of such Acting Secretary of Labor. In the matter of amending §§ 135.3, expenses upon finding that an extraordi­ [F. R. Doc. 55-9189; Filed, Nov. 15, 1955; 135.5, and 135.11 of the color certification nary emergency exists. 8:45 a. m.] regulations: Wednesday, November 16, 1955 FEDERAL REGISTER 8493 By virtue of the authority vested in the istered as compared to no deaths among had occasional diarrhea while alive and Secretary of Health, Education, and the control rats. manifested terminal weight loss. Au­ Welfare by the Federal Food, Drug, and iii. Carcinogenicity tests in mice, using topsy revealed congestion and atrophy Cosmetic Act (secs. 406 (b), 504, 604, 701; subcutaneous implantation of 12.1 milli­ of the liver attributable to the color. On 52 Stat. 1049, 1052, 1055; 21 U. S. C. 346 grams at intervals for 30 to 55 weeks. a diet containing 1.0 percent of FD&C (b), 354, 364, 371; 67 Stat. 18), upon the These tests produced no positive results. Orange No. 1, dogs exhibited chronic basis of substantial evidence received at iv. Chronic oral administration to 2 diarrhea. Rapid deterioration, and the public hearing held pursuant to the dogs at doses beginning at 100 milli­ weight loss also occurred in 2 dogs. notice published in the F ederal R egister grams per kilogram of body weight per Autopsy revealed muscular dystrophic on December 19, 1953 (18 F. R. 8600), day. The dosage was reduced suc­ changes and testicular, prostatic, and and upon consideration of the exceptions cessively to 20 milligrams and 5 milli­ uterine atrophy. These same manifesta­ filed to the proposed order published in grams in 1 dog, and to 20 milligrams in tions occurred to a lesser extent in dogs the F ederal R egister on December 30, the other dog. on a diet containing 0.2 percent of 1954 (19 F. R. 9352), which exceptions v. Chronic feeding tests in dogs at FD&C Orange No. 1. A single dose of were allowed or not allowed as appears dietary levels of 0.2 percent and 0.04 100 milligrams to 200 milligrams of FD&C from notations on the exceptions on file percent. Orange No. 1 produced diarrhea in most with the Hearing Clerk, Department of vi. Cathartic tests in dogs, using single dogs. Human volunteers who ate candy Health, Education, and Welfare, Room oral dose. containing 0.07 percent of FD&C Orange 5440, Health, Education, and Welfare c. FD&C Red No. 32: No. 1 exhibited diarrhea upon the inges­ Building, 330 Independence Avenue SW., i. Chronic feeding tests with rats, on tion of from one, to eight pieces of the Washington 25, D. C., the following order diets containing 0.1 percent. candy. Human volunteers taking 80 is hereby promulgated. ii. Subacute feeding tests with rats, on milligrams to 100 milligrams of the color Findings of fact.1 1. After a hearing diets containing 0.25, 0.5, 1, and 2 per­ in a single dose also experienced marked in 1939 .concerning regulations for the cent. griping and diarrhea. (R. 14-22, 43-44; certification of coal-tar colors, the coal- iii. Chronic feeding tests with rats, on Ex. 2.) tar color now listed as FD&C Orange No. diets containing 0.1 percent and 0.25 per­ 4. Tests on rats at a level of 0.1 per­ 1 (monosodium salt of 4-p-sulfo- cent. cent of the diet and on dogs at doses phenylazo-l-naphthol) and the coal-tar iv. Carcinogenicity tests in rats, using of 5 milligrams per kilogram of body color now listed as FD&C Orange No. 2 weekly subcutaneous injections of ap­ weight per day did not produce any (l-o-tolylazo-2-naphthol) were found to proximately 5 milligrams to 10 milli­ toxic effects attributable to FD&C be harmless and suitable for use in food, grams. These tests were inconclusive as Orange No. 1. However, these results drugs, and cosmetics. After another to carcinogenicity and were discontinued must be contrasted with the diarrhea hearing in 1939, concerning amendment after 8 injections because 7 of the 18 that resulted when human volunteers ate of the coal-tar color regulations, the test rats died or were sacrificed in ex­ from one to eight pieces of candy con­ coal-tar color now listed as FD&C Red tremis prior to the ninth injection. Sim­ taining 0.07 percent of FD&C Orange No. No. 32 (l-xylylazo-2-naphthol), was ilar toxic reactions were not encountered 1. This is particularly significant be­ found to be harmless and suitable for in the control rats. A second experi­ cause man is shown to be more suscep­ use in food, drugs, and cosmetics. Ac­ ment, using weekly subcutaneous injec­ tible to the toxic effects of the color than cordingly, these three colors, among tions of approximately 1 milligram was are the test animals, and because the others, were listed with appropriate also discontinued after 8 injections, be­ dogs having diarrhea (the symptom ob­ specifications of identity and quality in cause of deaths among the 18 test rats served also in man) showed damage to the coal-tar color regulations (21 CFR receiving FD&C Orange No. 2 in another various vital organs after the chronic 135.3) as certifiable for unrestricted use part of this experiment. ^ feeding tests. (R. 14, 16-18, -'20-21, in foods, drugs, and cosmetics. (“4 F. R. v. Carcinogenicity tests in mice, using 43-44; Ex. 2.) 1922, 1926, 1937, 3931, 3936, 3937; R. 46.) subcutaneous implantation of 10.8 milli­ 5. The tests with FD&C Orange No. 2 2. Since that time the Food and Drug grams at intervals for 35 weeks to 47 show that when taken internally at Administration has completed additional weeks showed no evidence of tumors. various levels of administration this tests to explore more fully the toxicity of vi. Chronic oral administration to dogs color causes definite damage to various the certifiable coal-tar colors. A num­ at doses of 5, 20, and 100 milligrams per vital organs of the test animals, signifi­ ber of additional tests have been con­ kilogram of body weight per day. cant changes in body weight, and pre­ ducted by the Division of Pharmacology vii. Chronic feeding tests in dogs at mature death. of the Food and Drug Administration, dietary levels of 0.04 percent and 0.2 FD&C Orange No. 2 caused severe using FD&C Orange No. 1, FD&C Orange percent. growth retardation and increased mor­ No. 2, and FD&C Red No. 32. viii. Cathartic tests in dogs, using tality to rats on a diet containing 0.25 Tests that have been terminated are: single oral dose. percent of the test substance. At 0.2 a. FD&C Orange No. 1: Tests of the three colors by external percent of the rats’ diet, increased mor­ i. Chronic feeding tests with rats on application to determine whether they tality and degeneration of the liver oc­ diets containing 0.1, 0.5,1, and 2 percent. are toxic when applied externally were curred. At a level of 0.1 percent of this ii. Chronic oral administration to dogs being set up at the time of the hearing. substance in the diet, the rats exhibited at doses of 5 milligrams per kilogram of (R, 8-78; Ex. 2, 3, 4.) marked growth retardation. At a level body weight and 100 milligrams per kilo­ 3. The tests with FD&C Orange No. 1of 0.05 percent, autopsy revealed en­ gram of body weight. show that when taken internally at vari­ largement of the right side of the heart iii. Cathartic tests in dogs, using single ous levels of administration this color and, on microscopic examination, slight oral dose. causes definite damage to various vital hypertrophy or hyperplasia of the cells b. FD&C Orange No. 2: organs of the test animals, significant in the liver. Approximately 5 milli­ i. Chronic or subacute feeding tests changes in body weight, and premature grams per week given to rats by sub­ with rats on diets containing 0.01, 0.05, death. cutaneous injection caused increased 0.1, 0.2, and 0.25 percent. This color caused the premature death mortality and moderate growth retarda­ ii. Tests designed to determine car­ of all rats on diets containing 2.0 per­ tion. Dogs consuming 100 milligrams cinogenicity in rats, using weekly subcu­ cent of the test substance. Rats on a per kilogram of body weight per day of taneous injections of approximately 5 diet containing 1.0 percent of this sub­ FD&C Orange No,. 2 lost weight or gained milligrams. The test was inconclusive stance showed marked retardation of poorly. Twenty milligrams per kilogram as to carcinogenicity and was discon­ growth, increased mortality, and chronic of body weight per day caused one dog tinued after 8 injections. Three of the congestion and enlargement of the in the experiment to gain weight poorly. 18 test rats died on the dosage admin- spleen. These same manifestations, to :a Five milligrams per kilogram of body lesser extent, were encountered in rats weight per day apparently was tolerated 1The citations following each finding of consuming a diet containing 0.5 percent by one dog without resultant injury. fact refer to the pages of the transcript of of FD&C Orange No. 1. Dogs consuming Dogs on a diet containing 0.2 percent of the testimony and the exhibits received in 100 milligrams per'kilogram of body the test substance had diarrhea at the evidence at the hearing, except for citations weight per day of FD&C Orange No. 1 beginning of the experiment and exhib­ to th e F ederal R egister, where applicable. died in 26 months and 33 months. They ited rapid deterioration and weight 8494 RULES AND REGULATIONS loss. Autopsy revealed atrophy of var­ been attributed to the other colors means which FD&C Orange No. 1 was found safe ious vital organs caused by the color. little, because few people know what to test animals. It is, therefore, even At 0.04 percent of the diet, dogs grad­ colors they are eating and the delayed more toxic than FD&C Orange No. 1. No ually deteriorated and lost weight, and toxic effects of the colors, as evidenced safe level of administration was found autopsy revealed atrophy of various by the test animals, involve damage to even in test animals for FD&C Red vital organs. A single dose of 200, mil­ vital organs and processes that would No. 32. ligrams produced diarrhea in dogs. (R. not have been attributed to the colors 4. The coal-tar colors FD&C Orange 22-30; Ex. 3.) even if caused by them. No. 1, FD&C Orange. No. 2, and FD&C 6. FD&C Orange No. 2 caused damage 10. There was no evidence on which Red No. 32 are not harmless and suitable to test aniinals at levels even lower than findings could be made concerning how for use within the meaning of sections those at which damage was observed much of the three colors is likely to be 406 (b), 504, and 604 of the Federal Food, from FD&C Orange No. 1. The lowest ingested by man from his food, drugs, Drug, and Cosmetic Act in coloring food level at which demonstrable harm to test and cosmetics. Some interested persons, or in coloring drugs or cosmetics in­ animals was observed from '"FD&C taking their own products, attempted to tended for other than external applica­ Orange No. 2 was 0.04 percent of the diet show that the amounts ingested would tion. of dogs.- The lowest level at which FD&C be small to the point of insignificance. 5. The coal-tar colors FD&C Orange Orange No. 1 caused demonstrable dam­ But those contentions leave aside the No. 1, FD&C Orange No. 2, and FD&C age was 0.2 percent in the diet of dogs occurrence of the colors in the products Red No. 32 should be deleted from the and 0.07 percent when ingested by man of others, as well as the fact that upon listing at 21 CFR 135.3, since the Secre­ in a single dose. (R. 18-19, 20-21, 28, certification of a color the Department tary cannot continue to list these colors 43-44, 67-68; Ex. 2, 3.) has no means of controlling the amounts as colors that the Food and Drug Ad­ 7. The tests with FD&C Red No. 32 of colors used in a variety of food, drugs, ministration will certify as harmless and show that when taken internally at and cosmetics. Nor is there authority suitable for unrestricted use in coloring various levels of administration this color to limit a color, once certified, to a single food or in coloring drugs and cosmetics caused definite damage to various vital food—for example, FD&C Red No. 32 for intended for o th er than external organs of the test animals, significant use in color-added oranges. (R. 20-21, application. . changes in body weight, and premature 67-68, 98-108; Ex. 8.) 6. Colors conforming to the present death. 11. The coal-tar colors listed in the regulations and specifications for FD&C When this color was fed to rats at a regulations as FD&C Orange No. 1, FD&C Orange No. 1, FD&C Orange No. 2, and level of 2.0 percent of the diet, all the Orange No. 2, and FD&C Red No. 32 may FD&C Red No. 32 should be added to the rats died within a week. At a 1.0 percent be used vat present in externally applied listing at 21 CFR 135.5, for use in color­ level, death occurred within 12 days. At drugs and cosmetics as well as in prod­ ing externally applied drugs and cos­ 0.5 percent most of the rats died within ucts for internal consumption. Tests metics only. 26 days. At 0.25 percent approximately designed to examine the toxicity of these 7. The provisions of 21 CFR 135.11 (d) half of the rats died within 3 months. colors, when used externally, are not (2) requiring 3 months’ written notice of All of the rats at this level showed complete. (R. 46-48, 63-65.) a change in the composition of a coal-tar marked growth retardation and anemia. 12. Modification of the coal-tar color color mixture should be waived when Autopsy revealed moderate to marked certification regulations (21 CFR 135.11 such change is made necessary by dele­ liver damage. Similar but less severe (d) (2)) to eliminate the requirement tion of one or more straight colors from results were obtained with rats on a for 3 months’ written notice of change the listings at 21 CFR 135.3, 135.4, or diet containing 0.1 percent of FD&C Red in composition of a coal-tar color mix­ 135.5. No. 32. In addition to liver damage, ture will facilitate the marketing of sub­ Therefore, it is ordered, That Part however, autopsy also revealed enlarge­ stitute mixtures and reduce confusion 135—Color Certification, be amended in ment of the right side of the heart in that may result from the deletion of a the following respects: this latter group. Subcutaneous injec­ straight colqr from the listings at 21 tion of approximately 10 milligrams per CFR 135.3, 135.4, and 135.5. (R. 88, 89.) 1. In § 135.3 (£t)* delete the colors week caused death within 8 weeks to Conclusions. 1. Based upon the above FD&C Orange No. 1, FD&C Orange No. 2, nearly half of the rats on the experiment. findings, the coal-tar colors FD&C and FD&C Red No. 32. These rats exhibited anemia, hemor­ Orange No. 1 (monosodium salt of 4-p- 2. Add the following to § 135.5 (a): rhage, and reduction in the size of the sulfophenylazo - 1 - naphthol), FD&C liver. Dogs taking 100 milligrams per Orange No. 2 (l-o-tolylazo-2-naphthol) E xt D&C O range No. 3 kilogram of body weight per day showed and FD&C Red No. 32 (l-xylylazo-2- SPECIFICATIONS moderate weight loss. A level of 0.2 per­ naphthol), described in the coal-tar Monosodium salt of 4-p-sulfophenylazo-l- cent of FD&C Red No. 32 in the diet of regulations (21 CFR 135.3) are not harm­ naphthol. dogs caused^ rapid deterioration and less and suitable for use in coloring food Volatile matter (at 135° C.), not more weight loss and sporadic diarrhea; 0.04 or for use in coloring drugs or cosmetics th a n 10.0 percent. percent caused gradual deterioration and intended for other than external appli­ Water-insoluble matter, not more than 0.3 weight loss, sporadic diarrhea, moderate cation. percent. atrophy of vital organs, and muscular Ether extracts, not more than 0.2 percent. 2. Sections 406 (b), 504, and 604 of a-Naphthol, not more than 0.1 percent. dystrophic changes; 0.01 percent in the the Federal Food, Drug, and Cosmetic Chlorides and sulfates of sodium, not diet caused weight loss and the death of Act (21 U. S. C. 346 (b), 354, and 364) more than 4.0 percent. one out of 4 dogs. A single oral dose of provide for the listing of coal-tar colors Mixed oxides, not more than 1.0 percent. 100 milligrams or 200 milligrams caused that are harmless and suitable for use Orange II, not more than 5.0 percent. diarrhea in the majority of the dogs in food, drugs, and cosmetics. The act Pure dye (as determined by titration with tested. (R. 30-38; Ex. 4.) does not provide any method for listing titanium trichloride), not less than 85.0 8. The lowest level at which FD&C Red toxic colors for specific food, drug, or percent. No. 32 showed damage to test animals cosmetic uses so as to limit their total Ext D&C Orange No. 4 was at 0.01 percent of the diet of dogs. use to small enough amounts that the SPECIFICATIONS This was the lowest level at which the* toxicity might be disregarded. Under color was administered in the diet and, l-o-Tolylazo-2-naphthol. the statute a toxic color cannot be clas­ yolatile matter (at 100° C.), not more than based upon the conversion figures ap­ sified as a harmless color. 0.5 percent. pearing in the record, it is a lower dosage 3. While a safe level of administration Sulfated ash, not more than 0.3 percent. * than the level of 5 milligrams per kilo­ to test animals is disclosed by the record Water-soluble matter, not more than 0.3 gram which produced no* apparent percent. effect on other dogs. Thus, no safe level in. the case of FD&C Orange No. 1, the Matter insoluble in carbon tetrachloride, of administration to dogs was definitely record also discloses that that color has n o t m ore th a n 0.5 percent. established. (R. 35-37, 40-42; Ex. 4.) adverse effects upon man at a level well o-Toluidine, n o t m ore th a n 0.05 percent. 9. The only known episode of illness in below the safe level of administration /3-Naphthol, n o t m ore th a n 0.05 percent. Pure dye (as determined by titration with man was caused by FD&C Orange No. 1. to test animals. The safe level of ad­ tita n iu m trichloride) , n o t less th a n 98.0 per­ It is the least toxic of the three colors. ministration of FD&C Orange No. 2 to cent. The fact that no human ailment has test animals is well below the level at M elting poin t, n o t less th a n 128.0° C. Wednesday, November 16, 1955 FEDERAL REGISTER 8495

Ext D&C Bed No. 14 1955; the Commission issued a notice of vision, Inc., Consolidated Television & further rule making in the Vail Mills Radio Broadcasters, Inc., and On The SPECIFICATIONS case to consider the deintermixture pro­ Air, Inc., applicants for Channel 7 in 1 -Xylylazo-2 -naphthol. posal for the Albany - Schenectady -Tr oy Evansville; Owensboro Publishing Com­ Volatile matter (at 100° C.). not more pany and Owensboro On The Air, Inc., th a n 0.5 percent. area. Oral argument in the five cases Sulfated ash, not more th an 0.3 percent. was heard before the Commission on applicants for Channel 9 in Hatfield; W ater-soluble m atter, n o t more th a n 0.3 June 27 and 28, 1955. Following is a Congressman Winfield K. Denton (8th percent. brief summary of the proposals: District of Indiana); the Evansville Matter insoluble in carbon tetrachloride, (a) Peoria, Illinois (Docket No. 11333). Chamber of Commerce and Evansville not more th a n 0.5 percent. This proceeding involves the joint re­ College. In addition to the pleadings and Xylidene, not m ore th a n 0.1 percent. quest of two UHF broadcasters in Peoria, material in the record of the proceeding . jS-Naphthol, not more than 0.05 percent. when Oral Argument was heard on June m-Xylidine in xylidine obtained by reduc­ Illinois-West Central Broadcasting Com­ tion oi the dye, not more than 30.0 percent. pany (WEEK-TV) and Hilltop Broad­ 27-28, 1955, the Commission now has be­ Pure dye (as determined by titration with casting Company (WTVH) —for deinter­ fore it two petitions filed on October 17, titanium trichloride), not less than 97.0 per­ mixture of commercial VHF and UHF " 1955, by Mid-America Broadcasting Cor­ cent. assignments in the Peoria area by reserv­ poration and by Premier Television, Inc., Boiling range of xylidine, obtained by re­ ing VHF Channel 8 in Peoria for non­ and Ohio Valley Television Co. jointly, duction of the dye, 95 percent between 212°- commercial educational use in place of requesting “Time to File Additional Com­ 232° C. tth f Channel 37; or, in the alternative, ments”, Opposition to the petition of 3. Amend § 135.11 (d) (2) so that, asby deleting Channel 8 from Peoria, sub­ Mid-America Broadcasting Corporation, amended, it will read as follows: stituting UHF Channels 31, 78, or 82 filed by Evansville Television, Inc., on therefor, and shifting Channel 8 to some October 7, 1955, an Opposition to both § 135.11 Labeling. * * * other community. Plains Television petitions filed by Owensboro On The Air, (d) * * * Corporation (WICS), Springfield, Illi­ Inc. on October 27, 1955, and by On The (2) The name of such mixture is the nois, requests that Channel 8 in Peoria Air, Inc., on October 28, 1955, and an same as or simulates the name of a pre­ be shifted to Ulipolis, Illinois, to provide Opposition to the joint petition of Pre­ viously certified batch of a mixture con­ additional VHF service to the Springfield mier Television, Inc. and Ohio Valley taining a different substance, or a dif­ area in the event Springfield is not also Television Co., filed by Evansville Televi­ ferent percentage of a pure dye; but this deintermixed by the removal of Channel sion, Inc., on October 28, 1955. Also, on provision shall not apply if; 2. Other parties participating in the November 7, 1955, Mid-America Broad­ (i) The person who requests certifi­ proceeding include WIRL Television casting Corp., Premier Television, Inc. cation of such batch is the owner of such Company and WMBD, Inc., applicants and Ohio Valley Television Co., filed name and has given 3 months’ written for Channel 8 in Peoria; Bradley Uni­ Supplements to their October 17 Peti­ notice to the Food and Drug Administra­ versity, and the American Farm Bureau tions, making further requests discussed tion specifying the change to be made in Federation. In addition to the pleadings in Paragraph 11, below. the composition of such mixture; or and material in the record of the pro­ (c) Madison, Wisconsin, and Rock­ (ii) Such change results from removal ceeding when Oral Argument was heard ford, Illinois (Docket No. 11335). This of a color from the listings in §§ 135.3, on June 27-28, 1955, the Commission proceeding involves the requests of two 135.4, and 135.5. now has before it the following pleadings: UHF broadcasters in Madison—Monona Effective date. This order shall be “Petition to Adopt Policy of Deintermix­ Broadcasting Company (WKOW-TV) effective 90 days after publication in the ture or for Alternative Relief”, filed by and Bartell Television Corporation F ederal R eg ister. Plains Television Corporation on October (WMTV)—for deintermixture of com­ 18, 1955; “Opposition to and Motion to mercial VHF and UHF assignments in (Sec. 701, 52 S tat. 1055; 21 U. S. C. 371) Dismiss” the foregoing petition, filed by the Madison area by shifting the educa­ Dated: November 10,1955. WMBD, Inc., on October 21, 1955, an tional reservation in Madison from Channel 21 to Channel 3. Another UHF [seal] M. B. F olsom , Opposition to the foregoing petition filed Secretary. by WIRL Television Company on October broadcaster in Rockford—Winnebago 25, 1955; and petitions for further oral Television Corporation (WTVO) requests [P. R. Doc. 55-9209; riled , Nov. 15, 1955; argument filed on November 4, 1955, by that commercial deintermixture be 8:49 a. m.] West Central Broadcasting Company, achieved in Madison by deleting Channel Hilltop Broadcasting Company, and 3 from Madison, substituting Channel Plains Television Corp. 39 therefor, and by assigning Channel 3 TITLE 47— TELECOMMUNI­ (b) Evansville - Hatfield, Indiana to Orangeville, Illinois, so as to make CATION {Docket No. 11334). This proceeding in­ Madison an all-UHF city and Rockford volves the request of two UHF broad­ an all-VHF area. Alternatively, Winne­ Chapter I— Federal Communications casters in the Evansville area—Premier bago Television suggests that Rockford Commission Television, Inc. (WFIE), Evansville, be made an all-UHF area by deleting [Docket Nos. 11238, etc.; FCC 55-1125] and Ohio Valley Television Company Channel 13 from Rockford, substituting (WEHT), Henderson, Kentucky—for Channel 51 therefor, and assigning [Buies Arndt. 3-61] deintermixture of the commercial VHF Channel 13 to Aurora or Elgin, Illinois. P art 3—R adio B roadcast S ervices and UHF assignments'in the Evansville- Other parties participating in the pro­ Hatfield area by deleting Channel 9 ceeding include Radio Wisconsin, Inc., TABLE OF ASSIGNMENTS from Hatfield and by either reserving and Badger Television Company, Inc., In the matter of amendment of § 3.606 Channel 7 in Evansville for education applicants for Channel 3, Madison; the Table of assignments, rules governing or deleting it. Petitioners suggest that State Radio Council of The State of television broadcast stations. Channel 56 can be added to Evansville Wisconsin (WHA-TV), Madison, and 1. The Commission has before it for and Channel 78 to Hatfield. If Channel the Greater Rockford Television, Inc. consideration five proceedings concern­ 7 in Evansville is deleted rather than re­ (WREX-TV). In addition to the plead­ ing requests for the deintermixture of served, Channel 39 is suggested as an ings and material in the record of the VHF and UHF television channel assign­ educational frequency. Mid-America proceeding when Oral Argument was ments in specific communities and a re­ Broadcasting Corporation (WKLO-TV) heard on June 27-28, 1955, the Commis­ quest for the addition of a VHF channel Louisville, Kentucky, requests that the sion now has before it the following assignment in one community. The Evansville-Hatfield area be deinter­ pleadings: Commission issued a notice of proposed mixed by reassigning Channels 7 and “Petition for Taking of Official Notice rule making concerning the proposal to 9 to Louisville, Kentucky. To accomplish or for Limited Reopening of Record” assign Channel 10 to Vail Mills, New these channel shifts, Mid-America re­ filed on August 29, 1955, by Monona York, on December 17,1954. On March quests that the rules be amended to per­ Broadcasting Company, and Bartell Tel­ 31, 1955, the Commission issued notices mit television stations to operate at evision Corporation; a Response to the of proposed rule making in the Peoria, reduced separations with directional an­ aforementioned petition filed on Sep­ Evansville, Madison and. Hartford dein­ tennas. Other parties participating in tember 7, 1955, by Radio Wisconsin, In­ termixture proceedings. On April 21, the proceeding include Evansville Tele­ corporated; “Petition to Adopt Policy of 8496 RULES AND REGULATIONS Deintermixture or for Alternative Relief” (e) Albany-Schenectady-Troy, Newcommunities or immediate areas. In filed on October 18, 1955, by Winnebago York (Docket No. 11238). This pro­ support of their proposals the petitioners Television Corporation, a Motion to ceeding involves the request of Hudson cite the familiar difficulties which have Strike the Winnebago petition filed by Valley Broadcasting Company, Inc. been encountered by UHF broadcasters Radio Wisconsin, Incorporated, on Oc­ (WROW-TV), Albany, New York, for the in competing with VHF. They urge that tober 27, 1955; and Petitions for Further assignment of Channel 10 to Vail Mills, the opportunities for a full utilization of Oral Argument filed on November 4,1955, New York, as a “drop-in” to bring a sec­ the locally assigned UHF channels will by Monona Broadcasting Company, Bar- ond VHF service to the Albany-Schenec­ be substantially reduced by the advent tell Television Corp., and Winnebago tady-Troy area, and the alternative re­ of a local VHF station or, as in the case Television Corp. quest of Van Curler Broadcasting Com­ of the Albany-Schenectady-Troy area, (d) Hartford, Connecticut (Docketpany (WTRI), Albany for the elimina­ the continued operation of a VHF sta­ No. 11336). This * proceeding involves tion of the intermixture of commercial tion already on the air.. Referring to the the joint request of four UHF broad­ VHF and UHF assignments in the Tri- experience of UHF broadcasters gen­ casters in the Connecticut River Valley— Cities area by shifting the educational erally where UHF and VHF assignments General Times Television Corporation reservation at Albany from Channel i7 are intermixed, the UHF broadcasters (WGTH-TV), Hartford, New Britain to Channel 6 and by modifying General submit that deintermixture as proposed Broadcasting Co. (WKNB-TV), New Electric Company’s authorization to for their respective communities would Britain; Hampden-Hampshire Corpora­ operate Station WRGB on Channel 6 at insure a larger number of local televi­ tion (WHYN), Springfield and Spring- Schenectady, New York, to specify oper­ sion services and a healthy, competitive field Television Broadcasting Corp., ation on Channel 17. Other parties par­ television operation in their communities. Springfield (WWLP)—for deintermix­ ticipating in the proceeding include 4. It is necessary, however, not to lose ture of commercial VHF and UHF chan­ Greylock Broadcasting Company sight of the fact that the communities nels in Hartford by shifting the educa­ (WMGT), North Adams, Massachusetts; involved in the instant proceedings tional reservation in Hartford from UHF the General Electric Company (WRGB) , represent only limited segments of the •Channel 24 to VHF Channel 3. Three Schenectady; Walter C. Neals, Albany, overall problem, which is nationwide in other UHF broadcasters request that and the State Education Department of scope. The five rule making proceedings Channel 3 be deleted from Hartford the University of the State of New York now under consideration were initiated and assigned elsewhere. Channel 16 of (WTVZ), Albany. In addition to the in the hope that a detailed examination Rhode Island (WNET) in Providence, pleadings and material in the record of of the problem in the light of circum­ Rhode Island, requests that Channel 3 the proceeding when Oral Argument was stances prevailing in these communities in Hartford be assigned to Westerly, heard on June 27-28, 1955, the Commis­ would provide the basis on which the Rhode Island; Eastern Connecticut sion now has before it a “Petition to Commission could formulate policies ap­ Broadcasting Company (WICH, AM), Adopt Policy of Deintermixture or for plicable generally in the effort to allevi­ Norwich, Connecticut; requests that Alternative Relief” filed by Greylock ate a nationwide problem.1 In addition Channel 3 in Hartford be assigned to Broadcasting Company on October 18, to the instant five cases, petitions had Norwich, and Thames Broadcasting 1955 ; a “Petition to Reopen Proceedings” been submitted seeking similar action in Corp. (WNLC-TV), New London, Con­ filed by Van Curler Broadcasting Cor­ approximately 15 other communities. necticut, requests that Channel 3 in poration on October 25,1955, an Opposi­ But the scope of the problem does not Hartford be shifted to New London. tion to the Van Curler petition filed on end there. Other parties .participating in the pro­ October 28, 1955, by Hudson Valley 5. Careful review of the comments and ceeding include Hartford Telecasting Broadcasting Company and a Petition data submitted in the instant proceed­ Company, Inc., and Travelers Broadcast­ for Further Oral Argument filed Novem­ ings has convinced us that it would not ing Service Corporation, applicants for ber 4, 1955, by Greylock Broadcasting be useful to attempt to find solutions of Channel 3 in Hartford; Western Massa­ Company. lasting value within the relatively chusetts Educational Television Council, 2. The petitioners in these proceedings limited scope of the instant proceedings.2 Springfield; the Connecticut Radio are UHF broadcasters. With the excep­ Although they have shed helpful light on Foundation (WEDH), Hartford, and the tion of Hudson Valley, which requests the problems associated with deinter- WGBH Educational Foundation the assignment of Channel 10 to Vail mixture, including the disposition,, of the (WGBH-TV), Boston, Massachusetts. Mills, the petitioners Seek to deintermix channels sought to be removed, the ques­ In addition to the pleadings and material the VHF and UHF assignments in their tion of “white areas” and others, it has in the record of the proceeding when communities by eliminating VHF com­ become clear that these proceedings pro­ Oral Argument was heard on June 27-28, mercial channel assignments by reserv­ vide an inadequate basis for the formu­ 1955, the Commission now has before it ing them for educational use, shifting lation of policies which must take due the following pleadings: “Petition for them to another community, or by de­ account of the extensive and intricate Leave to File Additional Comments” and leting them. The VHF Channels which “Additional Comments” filed on October would be affected by the petitioners’ basic 1 In our Notice of Further Rule Making proposals, with the exception of Channel (FCC 55-492) in Docket No. 11238, issued 17, 1955, by General Times Television April 21, 1955, we explained th a t we were Corporation, New Britain Broadcasting 6 in Schenectady on which Station “attempting to arrive at a decision of future Company, Hampden-Hampshire Corpo­ WRGB is operating, have not yet been policy to be uniformly followed, wherever ration and Springfield Television Broad­ granted by the Commission. However, possible, in the effectuation of our Allocation casting Corporation; a “Petition to applications are -pending for the VHF Table for a nationwide television system.” Adopt Policy of Deintermixture or for channels in the other four cases—Peoria, 2 On A ugust 29, 1955, M onona Broadcasting Alternative Relief” filed on October is, Evansville, and Hatfield, Madison, and Company and Bartell Television Corpora­ 1955, by the same four parties; “Opposi­ Hartford—and lengthy comparative tion filed a petition requesting the Commis­ hearings have been conducted to select sion to take official notice, or to permit tion to Petition for Leave to File Addi­ limited reopening of the record in the Madi­ tional Comments” filed on October 20, the best qualified applicant. Initial De­ son proceeding to admit certain figures re­ 1955, by Travelers Broadcasting Service cisions have been rendered by the Hear­ leased in August 1955 by the United States Corporation, “Statement with Respect to ing Examiner in the Evansville, Peoria, Census Bureau. Radio Wisconsin, Inc. filed Matters Not of Record” filed on October and Madison cases and Oral Argument a response to this request. This data has has been heard by the Commission. In been considered by the Commission. 28, 1955, by the same four parties; and the Hartford case, an Initial Decision has In the Evansville case, On The Air, Tnc. Petitions for Further Oral Argument been issued and Oral Argument is being moved to strike the comments of Mid- filed on November 4, 1955, by General awaited. In Hatfield, the hearing 'has America Broadcasting Corporation, contend­ ing that it would be illegal for the Commis­ Times Television Corp., New Britain been concluded and proposed findings sion to adopt Mid-America’s proposal Broadcasting Co., Hampden-Hampshire have been filed, but an Initial Decision without further rule making. Owensboro Corp., Springfield Television Broadcast­ has not yet been issued. On The Air, Inc. and Owensboro Publishing ing Corp., and Channel 16 of Rhode 3. A grant of the deintermixture peti­ Company also moved to dismiss Mid- Island, Inc. ; and by Eastern Connecticut America’s comments. Mid-America filed a tions in these proceedings would enable reply to these motions. Mid-America’s com­ Broadcasting Company on November 9, the UHF broadcasters to avoid competi­ ments have been considered in the 1955. tion from VHF stations in their own •proceeding. Wednesday, November 16, 1955 FEDERAL REGISTER 8497 interrelationships of all parts of the ' such as that suggested by the petitioners sented to the Commission outside of the Table of Assignments. in these proceedings. formal framework of comments and ar­ 6. Petitioners seek alleviation of a 8. The Commission is convinced that guments provided for in the procedures nationwide problem by action directed if lasting solutions to the allocation governing consideration of the petitions toward their individual, local communi­ problems now confronting the develop­ and notices of proposed rule making. In ties. Whatever the merits of their con­ ment of a nationwide competitive televi­ short, an opportunity to reply to this tentions that local deintermixture would sion service are to be found, the matter is requested. The material re­ benefit the particular UHF operators and approach must be nationwide in scope. ferred to related to possible national their local communities, the Commission Accordingly, in order to facilitate the reallocation schemes. It does not per­ has serious doubts that the requested orderly examination of a number of pos­ tain to the merits of granting or denying relief would be meaningful with respect sible solutions, the Commission is insti­ the particular petitions before us, except to the general problem. It is noted that tuting a general rule making proceeding. as part of such a nationwide approach. most of these petitions are directed to­ Only through such a general proceeding We have determined that the records ward those communities where both do we believe the Commission may thor­ now before us are inadequate to support VHF channels and UHF are now allo­ oughly and effectively treat this matter. a grant of the requested deintermixture cated but where no VHF stations (or, in Accordingly, the Commission believes because of their limited scope. We of some instances not more than one) have that the public interest would be best course have knowledge, and should, of commenced operation, apparently on the served by denying the instant requests other and more general suggestions in­ theory that deintermixture should be for deintermixture. Petitioners will formally submitted to us or before Con­ accomplished wherever VHF stations have the opportunity of participating in gressional committees. Having decided have not yet become so established that, the general rule making proceedings and upon these records that some approach in the view of petitioners, deintermixture our denial of their petitions is without other than piecemeal deintermixture is no longer feasible. In our opinion, if prejudice to any action the Commission must be followed, we will afford an op­ deintermixture, even on a partial basis, may take as a result of that proceeding. portunity for the formal submission of should finally be determined tabe a use­ 9. The Hudson Valley proposal pre­ nationwide solutions in the general rule ful method of resolving the overall prob­ sents a different problem. Hudson Val­ making proceeding we are concurrently lems, the particular communities for its ley requests the assignment of a new instituting. Whatever plans or solutions application should not be selected merely channel, Channel 10, to Vail Mills, a which may there be advanced by those because of the fortuitous circumstance small community located^ in the Albany- persons who were not parties to the pres­ of whether a VHF station has com­ Schenectady-Troy area, about 20 miles ent proceedings will be considered in menced operation in any particular com­ northwest of Schenectady. The Hudson that proceeding, and an opportunity munity. Certainly there is nothing in Valley proposal comports with the Com­ afforded for the submission of support­ the records before us which would lead mission’s present television allocation ing or adverse comment. In view of our us to conclude that the limited deinter­ plan and rules. Unlike the proposals for decision in the instant proceedings, and mixture here sought would provide any deintermixture, the petition to assign the fact that a new proceeding of wider significant help in resolving the difficul­ Channel 10 to Vail Mills is consistent scope will now be held, there is no point ties now confronting UHF broadcasters with the rules and principles of our pres­ in reopening the present proceedings to in other communities, or for that matter, ent television allocations established in insert comments, and replies thereto, whether the relief that might result in the Sixth Report and Order. Channel whose function is to discuss nationwide the areas directly involved, would ma­ 10 would meet the present minimum plans and whose proper forum is the terially strengthen UHF in general. spacing requirements and all other general rule making proceeding in which There is little, if any, reason to believe, standards.3 Until a decision has been all interested parties may participate. for instance, that the reassignment of reached on possible amendments to our 11. There are also pending in the channels as requested in the instant present allocation, the Commission be­ Evansville case (Docket No. 11334) peti­ petitions, and in the other pending peti­ lieves th at’it would not be justified in tions filed on November 7, 1955, by Mid- tions seeking similar relief, would signifi­ withholding action, pursuant to our pres­ America Broadcasting Corp. and Pre­ cantly stimulate the conversion of VHF ent allocation plan and rules, that would mier Television, Iric., and Ohio Valley receivers, the increased sale of combina­ bring additional television service to a Television Company, jointly, which re­ tion UHF-VHF sets, the improvement of significant number of people. Refusing quest, inter alia, consolidation of the rule UHF transmitting and receiving equip­ to make use of this valuable VHF fre­ making proceeding concerning deinter­ ment or the elimination of UHF and quency as contemplated by the present mixture in Evansville and Hatfield with VHF equipment cost differentials. More­ rules would, we believe, be a waste of the two adjudicatory proceedings insti­ over, apart from the question of whether valuable spectrum space for which active tuted for the purpose of choosing among deintermixture would provide lasting demand is indicated. Channel 10 in Vail mutually exclusive applications for VHF benefit to the specific communities in Mills will represent a second television Channels 7 and 9 assigned to those cities. question here, it is not possible to as­ service to an appreciable percentage of The same petitions also request an certain on the basis of the instant rule families residing in the area, as well as a amendment of the rules which would making proceedings whether deintermix-_ first service to a significant number of preclude action on applications for con­ ture on the basis proposed by petitioners ~ families. We do not believe that we struction permits for new television sta­ would be consistent with measures which would be justified in withholding this tions until after disposition of all pend­ the Commission must consider in a sepa­ service, which can be afforded under our ing petitions for rule making and rule rate rule making proceeding of much present rules even though we are pres­ making proceedings looking toward re­ broader scope to cope with the nation­ ently considering possible amendments moval of the particular channel assign­ wide problem. to our allocations. Accordingly, we are ments applied for. The Commission 7. The present system of intermixed amending our rules to add the assign­ does not believe that it would be desir­ channel assignments is basic to the ment of Channel 10 to Vail Mills. able to confuse the rule making proceed­ structure of television allocations estab­ 10. A number of parties have filed re­ ing with questions of the comparative lished by the Sixth Report and Order. quests for additional time for the filing merits of mutually exclusive applica­ We believe that any modification of the of supplementary comments, or for the tions, which are at issue in the adjudi­ reopening of the record for the submis­ catory proceedings. Moreover, it would Table of Assignments which would in­ serve no useful purpose to burden the volve significant departures from this sion of additional material or for other rule making process by consolidating the system of assignments requires a thor­ relief. The submitted basis of these two matters since, as we point out in ough reexamination of the entire televi­ pleadings is that matters have been pre- paragraph 6 above, final decision on de­ sion structure. The interrelationships intermixture of VHF and UHF channels between the particular circumstances in * It is noted that Vail Mills does not have in any community should not be gov­ specific cases and the nationwide televi­ a post office. A post office, however, is not a erned by the existence or absence of a sion system as a whole cannot be disre­ prerequisite to the assignment of a television channel. The post office is merely a con­ VHF station in the community. Nor does garded. In the Commission’s opinion, venient reference point; and the lack of a the Commission believe that it would considerations of both fairness and prac­ post office in a com m unity does n o t bar an serve the public interest to adopt the ticability preclude an ad hoc approach assignment. proposed amendment to the rules, which No. 223------2 8498 RULES AND REGULATIONS

would be tantamount to a freeze on au­ (Sec. 4, 48 S tat. 1066, as amended; 47 U. S. O. of the text which appéars under the sub­ thorizations for new television stations. 154. In terp rets or applies secs. 301, 303, 307, heading “Moose (bulls with forked ant­ The Commission believes that it must 48 S tat. 1081, 1082, 1084; 47 U. S. C. 301, 303, 307) lers or larger)”, column heading “Areas retain the discretion to determine on a open to hunting”, by deleting the area case-by-case basis when the public in­ Adopted: November 10, 1955. description “Susitna and Matanuska terest requires that it freeze its adjudi­ Released: November 19, 1955. River drainages west of 148° W. longi­ catory processes during the pendency of tude” and by substituting therefor the rule making. (See FCC v. WJR, The F ederal C ommunications area description “The drainage to Cook . Goodwill Station, Inc., 337 U. S. 265. C o m m is sio n ,4 Inlet north of 61 °5' N. latitude and west.* The Commission is of the opinion that [ seal] M ary J ane M orris, of 148° W. longitude”. As so amended, the procedural inflexibilities petitioners Secretary. the said schedule, in pertinent part, will seek to introduce are neither necessary [F. R. Doc. 55-9210; Filed, Nov. 15, 1955; read as follows: nor desirable. The petitions referred to 8:50 a. m.] at the beginning of this paragraph are, accordingly, denied. The petitions for Areas open to hunting Seasons Limits intervention in the adjudicatory pro­ TITLE 50— WILDLIFE * * • • * ceedings, which were incorporated in the Moose (.bulls with forked same documents with the foregoing re­ Chapter I— Fish and Wildlife Service, antlers or larger) quests, aré not disposed of here. Vari­ Department of the Interior • • ** The drainage to Cook Aug. 20-Sept. 20, 1 bull a ous requests for stays in adjudicatory Subchapter E— Alaska Wildlife Protection Inlet north of 61°5' Nov. 10-30. year. N. latitude and west proceedings are also not disposed of here. of 148° W. longitude. 12. Several additional petitions advert P art 46—T aking An im a ls, B irds, and * * • • • to the fact that Commissioner Mack was G ame F ish e s not yet a member of the Commission at seasons, l im it s and other pr ov ision s (Sec. 9, 43 S tat. 743, as amended; 48 U. S. C. the time $ie oral arguments were held Basis and purpose. On May 24, 1955, 198) in the instant proceedings and request amendments to Part 46, Title 50, Code of further oral argument for the purpose Federal Regulations, were adopted to Since this amendment relieves exist­ of enabling Commissioner Mack to par­ prescribe hunting, trapping and fishing ing restrictions on the taking of moose ticipate in these proceedings, and to seasons and limits on game and fur ani­ in the Territory of Alaska, notice and afford an opportunity to present views on mals, birds, and game fishes in Alaska public procedure are unnecessary and it courses of action which petitioners state for the season beginning July 1, 1955. shall become effective immediately. (5 were not contemplated at the time of the These amendments were adopted pur­ U. S. C. 1003 (c) ) initial oral arguments. It should be rec­ suant to authority contained in section 9 Issued at Washington, D. C., and dated ognized at the outset that there is no re­ of the Alaska Game Law of January 13, November 7, 1955.' quirement of law that an oral argument 1925, as amended (43 Stat. 743; 48 U. S. C. be afforded in a rule making proceeding. D ouglas M cK ay, 198), and were published in the F ederal Secretary of the Interior. PCC v. WJR, The Goodwill Station, Inc., R egister on June 4,1955 (20 F. R. 3895) . et al., 337 U. S. 265. Daily News Televi­ The schedule constituting a part of [F. R. Doc. 55-9186; Filed, Nov. 15, 1955; sion Company, 7 Pike & Fischer, R.*R. 839. § 46.102 of these regulations prescribed 8:45 a. m.] The Commission, within its discretion, open seasons on moose (bulls with forked heard oral arguments in these proceed­ antlers or larger) extending from August ings. However, we see no necessity for 20 through September 20 and from No­ TITLE 24— HOUSING AND further argument. Petitioners’ refer­ vember 10 through November 30 in the HOUSING CREDIT ence to participation by Commissioner Susitna and Matanuska River drainages Mack erroneously presupposes that be­ west of 148° W. longitude. The reference Chapter II— Federal Housing Ad­ cause he took office after the oral argu­ to the drainages of the two rivers men­ ments were held, he is not qualified to ministration, Housing and Home tioned had the effect of excluding from Finance Agency participate in decisions adopted in these the area opened to moose hunting im­ proceedings. In the Commission’s view, portant moose range in the Wasilla-Knik Subchapter F— Rehabilitation and Neighborhood no such limitation affects the qualifica­ Arm and Little Susitna drainages where Conservation Housing Insurance tions of a Commissioner to participate in moose concentrations have increased to these proceedings. The full record in P art 261—H om e R ehabilitation I n su r ­ such an extent as to become a menace a nce; E l ig ib il it y R equirements of the proceedings, including the transcript to the populated districts located in this of the oral arguments, has been avail­ M ortgage C overing .On e - to E leven- general area. With a view to reducing F a m ily D w e l l in g s able to Commissioner Mack; and he has the concentration of moose in such pop­ read the transcript. There is no bar to ulated districts, the Alaska Game Com­ P art 266—H ome R elocation I n su ra nce; participation by a Commissioner who mission early in 1955 had recommended E l ig ib il it y R equirements o f M ort­ takes office after an oral argument if the that a 20-day moose season in November gage C overing S in gle F a m ily D w e l l ­ Commissioner has read the transcript of be prescribed which would include not in gs the argument. See Eastland Co. v. FCC, only the drainages of the Susitna and miscellaneous .am endm ents 92 F. 2d 467, cert. den. 302 U. S. 735. Matanuska Rivers but would also include The petitions requesting further oral the lands lying between the drainages of 1. Section 261.1 (a) is amended by argument in these proceedings are ac­ these two streams and the area, southeast adding to the listed provisions the cordingly denied. of Knik Arm. In order to provide an area following: 13. Authority for the adoption of the description which will carry the recom­ § 261.1 Incorporation by reference. amendment herein is contained in Sec­ mendations of the Alaska Game Com­ (a) * * * tions 4 (i), 301, 303 (c), (d), (f) and mission into effect and thus contribute \ (r), and 307 (b) of the Communications toward the reduction of moose concen­ § 221.18 Payments and maturity dates., Act of 1934, as amended. trations in the areas where they princi­ ♦ * * * * 14. In view of the foregoing: It is or-, pally occdr, the regulations under the 2. Part 261 is amended by adding a dered, That the foregoing-petitions for Alaska Game Law are amended as new § 261.7a as follows: deintermixture listed' in paragraph 1 follows: § 261.7a Payments and maturity above, are denied. 1. The schedule constituting a part of dates. The mortgage should come due 15. It is further ordered, That, effec­ § 46.102 Seasons, limits and other provi­ on the first of a month and must have a tive December 16, 1955, the Table of As­ sions, as the same appears in 20 F. R. maturity satisfactory to the Commis­ signments contained in § 3.606 of the 3896 and 3897, is amended in that part sioner not to be less than 4 nor more Commission’s rules and regulations is than 30 years from the date of the in­ amended insofar as the city named is 4 Dissenting statements of Commissioners surance; or three-quarters of the Com­ concerned as follows: Hyde and Bartley and statement of Commis­ sioner Webster concurring in part and dis­ missioner’s estimate of the remaining City: Channel senting in part are filed as part of original economic life of the building improve­ Vail Mills, N. Y______io — docum ent. ments, whichever is the lesser. The Wednesday, November 16, 1955 FEDERAL REGISTER 8499 amortization period should be either 10, 2. Section 230.11 Descriptive list is c. Paragraph (p) Standards for rub­ 15, 20, 25, or 30 years by providing for amended as set.forth below: • ber compounding is amended to add a. Paragraph (b) Irons fs amended standards 377, 378, 379, 380 and 381 to either 120, 180, 240, 300, or 360 monthly to add standard 3 to read as follows: read as follows: amortization payments. 3. Section 266.1 (a) is amended by Approxi­ Approxi­ mate Price Sam­ mate Price adding to the listed provisions the Sample per Name weight of per ple Name weight of sam­ following: No. sample in sample No. sample grams in grams ple § 266.1 Incorporation by reference. (a) * * * 3 White iron______125 $4.25 377 Phenyl-beta-naph thy lamine... 600 $4.00 378 Oil furnace black...... 7,000 3.50 § 221.18 Payments and maturity dates. 379 Conducting black______5,500 3.50 ***** b. Paragraph (f) Ceramic materials 380 Calcium carbonate.. . . ______6,000 2.50 381 Calcium silicate______4,000 2.50 . 4. Part 266 is amended by adding a is amended to add standard 177 to read new § 266.6a as follows: as follows: d. Paragraph (r) Radioactive stand­ § 266.6a Payments and maturity Approxi­ ards is amended to add standards 4925 dates. The mortgage should come due mate Price Sample Name weight of per through 4932, revise standards 4900 on the first of a month and must have No. sample in sample through 4903, 4910 through 4924, 4950 a maturity satisfactory to the Commis­ grams through 4952, 4955 through 4964, and to sioner not to be less than 4 nor more delete standards 4987 through 4999 to than 30 years from the date of the in­ 177 Portland cem ent...___ (0 $4.25 read as follows: surance; or three-quarters of the Com­ i Three 5-gram portions sealed in glass vials. (r) Radioactive standards.* missioner’s estimate of the remaining Alpha-Beta-Gamma Standards economic life of the building improve­ ments, whichever is the lesser. The Sam­ Priée Nominal activity Volume per amortization period should be either 10, ple Radiation Nueli.de sample 15, 20, 25, or 30^ years by providing for No. either 120, 180, 240, 300, or 360 monthly 4900 oc Polonium-210 *>.. 200 dps___... (•1 ______$20.00 amortization payments. 4901 oc . Polonium-210 b_. -500 dps—______20.00 4902 oc Polonium-210 b_ 1000 dps____ (•)...... — 20.00 (Sec. 211, 52 Stat. 23; 12 U. S. C. 1715b) 4903 oc U,Og d___ _ 15 dps______(«l ______20.00 4910 ß M RaD +E t...... 200dps— .... (0) ____ 20.00 Issued at Washington, D. C., Novem­ 4911 ß(a) - RaD +E t...... 500 dps_____ (•) .. „ r___ . 20.00 4912 ß(a) RaD +E «...... 1000 dps____ (el ______20.00 ber 10, 1955. 4913 ß(y) Cobalt-60______104 dps/ml (h) ___ . 20.00 4914 y(ß) Cobalt-60______10s dps_____ 20.00 N orman P. M ason, 4915 y(ß) Cobalt-60______10*dps...;__ 20.00 4916 ß Phosphorous-32 *, 103 dps/ml *.. (bl ______20.00 Federal Housing Commissioner. 4917 ß (y) Iodine-1311____ 10s dps/ml (bi __ 20.00 4918 Gold-198 1...... 10s dps/ml «.. (b) ______20.00 [P. R. Doc. 55-9263; Piled, Nov. 15, 1955; ß(y) 4919 JStrontium-90__ JlO4 dps/ml !.. (bl _____ 20.00 10:11 a. m .j ß \Y ttrium-90____ (b) ____ 20.00 4920 ß Thallium-204..;. 104 dps/ml «.. (b) ____ 20.00 4921 ß (y) Sodium-22_____ 104dps i/ml «. Arimi __ _ 20.00 4922 y(ß) Sodium-22_____ 10* d p s ..__; (b) __ 20.00 TITLE 15— COMMERCE AND 4923 ß(y) Sodium-24 1____ 10s dps/ml äsnmi ...... 20.00 4924 ß Carbon-14_____ 103 dps/ml «.. (ki __ ; FOREIGN TRADE 4925 ß Carbon-14 ¡____ 104dps/g___ 20.00 4926 ß Hydrogen-3____ 104 dps/m l.. . ««ml ___ 20.00 4927 ß Hydrogen-3.;__ 10* dp s/m l... (hl __ _ __ 20.00 Chapter II— National Bureau of Stand­ 4928 ß Sulphur-35____ 104 dps/ml (bi ___ 20.00 4929 K Iron-55______105 dps/m l... (h) ____ . 20.00 ards, Department of Commerce 4930 K (y ) Zinc-65.!______10* dps/m l... (b) ___ __ 20.00 4931 y(ß) Cesium-137..__ 10s dps/m l... 20.00 Subchapter A— Test Fee Schedules 4932 y(ß) Mercury-203.. 10* d p s/m l... 5.0 ml______20.00 P art 205—Ch e m ist r y * The disintegration rate as of the reference date is given on a certificate accompanying the Subchapter B— Standard Samples b Samples consist of olonium—210, deposited on a silver disk 1 inch in diameter, %e inch thick P art 230—S tandard S amples and R e f ­ and faced with 0.002 inch of palladium. erence S tandards I ssued by th e * Deposited source. d Samples consist of U8Os deposited on a 0.1 millimeter platinum foil and mounted on an alu­ N ational B ureau o f S tandards minum disk, 1*4 inch in diam eter and % 2 inch thick. The alpha-ray disintegration rate as of the date of calibration is indicated on the certificate accompanying the standard. TEST FEE SCHEDULES AND STANDARD SAMPLES e Evaporated source. . ____ _ . , * Standards consist of Pb-210—Bi-210 in equilibrium, deposited on the 0.002 inch thick palla­ In accordance with the provisions of dium face of a silver palladium disk. section 4 (a) and (c) of the Administra­ * Total activity has been adjusted so that AEC authorization is not required. tive Procedure Act, it has been found »Approximately 3 milliliters of low-solids carrier solution containing the active nuclide in a flame-sealed ampoule. that notice and hearing on these sched­ 1 Distributed periodically at announced intervals. ules of fees are unnecessary for the i For use -in liquid scintillation counters. reason that such procedure, because of k Crystallized benzoic acid. nature of these rules, serve no useful R adium Standards (for R adon Analysis) R adium Gamma-R ay Standards purpose. These schedules are effective Sam­ Price Sam­ Price from November 7, 1955. Volume Description Radium Volume per ple Radium content (ml)» per ple content (ml)» 1. Section 205.701 is added to read as Nu. sample No. sample follows: § 205.701 High-purity methane gas. 4950 10-8 gram______100 $20.00 4955 Radium____ Ô.1X10-* gram. 6 $20.00 4951 10-" gram______100 20.00 4956 0.2...... 5 20.00 4952 Blank solution______— 100 2.00 4957 0.5...... 5 20.00 4958 1 .0 ...... 5 20.00 Item Description , Fee 4959 2.0...... 5 20.00 4960 5.0...... 6 20.00 • Samples are sealed in glass containers. 4961 10...... 6 20.00 205. 701a Certification of Heating Value of 4962 20...... 5 20.00 sample of high-purity methane gas 1 Radioactive standards are shipped express 4963 50...... — 5 20.00 submitted by the American Gas 4964 Radium^____ 100...... 6 20.00§ § § 0 0 0 0 0 0 0 Association for usé in calibration collect. of recording gas calorimeters...... $20.00 Samples are contained in flame-sealed glass ampoules. 8500 RULES AND REGULATIONS

B ock and Ore Standards—R adium B ock Samples * Issued at Washington, D. C., this 10th day of November 1955. Sample Average radium content (gram of radium Price per No. Bock per gram of rock) sample [ seal] . S t e ph e n E . W rather, 1 y y Director, Tobacco Division, / 4975 (onoíM-nnn^xift-1*. ,., ...... $3.00 Agricultural Marketing Service. Carthage limestone- . _ 0 14+003 3. do4976 4977 Berea sandstone______...... 0 24+0 02 _ ... . ______•3.00 [F. R. Doc. 55-9219; Filed, Nqv. 15, 1955; 4978 Columbia River basalt - . _ ...... 0.33+0.03 3.00 8:52 a. m.] 4979 Chelmsford granite..______-• ' 2.96+0.08 ______. 3.00 4980 Quartzite...... '______0.06+0 01 ...... 3.00 4981 33+02 3.00 4982 Gabbro-diorite______. . . . ______0 18+0 02 ______' 3.00 DEPARTMENT OF LABOR 4983 023+002 ...... 3.00 4984 Triassic diabase______0.18+0 03 ...... 3.00 4985 Deccan tra p ...______021+004 3.00 Division of Public Contracts 4986 0 69+0 04 3.00 [41 CFR JPart 201 1 * Each sample consists of 100 g of pulverized rock taken from bulk material analyzed for radium content. Petro­ G eneral R egulations graphic data and approximate chemical analysis of a representative sample of each rock is also givpn in a certificate accompanying each sample. NOTICE OF EXTENSION OF TIME TO SUBMIT (Sec. 9, 31 Stat. 1450, as am ended; 15 U. S. C. 277. In terp rets or applies sec. 8, 31 S tat. VIEWS AND ARGUMENTS 1450, as amended; 15 U. S. C 276) On October 26, 1955, there was pub­ lished in the F ederal R eg ister (20 F . R. [SEAL] A. V. A s t in , Director, National Bureau of Standards. 8051) a notice that I proposed to amend Approved: Part 201 of the General Regulations (41 CFR Part 201) by the- revocation of S inclair W ee k s, § 201.101 (b) (2) and by the amendment Secretary of Commerce. of § 201.603 to exempt certain persons [F. R. Doc. 55-9139; Piled, Nov. 15, 1955; 8:45 a. m .] from the requirement of section 1 (a) of the Walsh-Healey Public Contracts Act that they represent they are manufac­ TITLE 43— PUBLIC LANDS: . covered by the plan, shall be segregated, turers or regular dealers in coal. The as of the effective date of unitization, INTERIOR notice^provided that within thirty days into separate leases; one covering the from the date of its publication, inter­ Chapter I— Bureau of Land Manage­ lands committed to the plan and the ested persons could submit in writing to other the lands not so committed. The ment, Department of the Interior the Office of the Administrator of the segregated lease covering the nonunit- Wage and Hour and Public Contracts [C ircular 1942] ized portion of the lands, shall continue Divisions, United States Department of P art 192—O il and G as L eases in force and effect for the term thereof Labor, Washington, D. C., their views, but for not less than two years from the arguments or data relative to the pro­ EXTENSION FOR TERMS OF COOPERATIVE OR date of segregation, and so long there­ posed amendments. . UNIT PLAN after as oil or gas is produced in paying Notice is hereby given that, upon good Paragraph (c) of § 192.122 is amended quantities. cause shown, the time for filing with the to read as follows: (Sec. 32, 41 S tat. 450; 30 U. S. C. 189) Office of the Administrator, such written views, arguments or data relative to the § 192.122 Extension for terms of coop­ D ouglas M cK ay, Secretary of the Interior. proposed amendments of Part 201 is ex­ erative or unit plan. * * * tended to December 27, 1955. (c) Any lease committed after July N ovember 9, 1955. 29, 1954 to such a plan, which covers [P. R. Doc. 55-9208; Piled, Nov. 15, 1955; Signed at Washington, D. C., this 10th lands within and lands outside the area 8:49 a. m.] day of November 1955. A rth u r L arson, Acting Secretary of Labor. [F. R. Doc. 55-9216; Filed, Nov. 15, 1955; PROPOSED RULE MAKING 8:51 a. m.] CIVIL AERONAUTICS BOARD DEPARTMENT OF AGRICULTURE the provisions which prohibit the han­ dling of any of the seven top stalk leaves [ 14 CFR Parts 4b, 40, 41, 42 1 Agricultural Marketing Service immediately below the seed head of any [Draft Release No. 55-26] tobacco plant that was not topped, or [ 7 CFR Part 983 ] any of the four top stalk leaves of a F lig h t R ecorders tobacco plant that was topped, will auto­ NOTICE OF PROPOSED RULE MAKING T y pe 62 S hade-G r o w n C igar-L eaf T o­ matically become operative. bacco G r o w n in D esignated P roduc­ All persons who desire to submit writ­ Notice is hereby given that the Civil tio n A rea o f F lorida and G eorgia Aeronautics Board "has under considera­ ten data, views' or arguments in connec­ tion the adoption of proposed amend­ proposed termination o f su spe n sio n of tion with the aforesaid proposal may ments to Parts" 4b, 40, 41, and 42 of the MARKETING AGREEMENT NO. 112 AND ORDER file the same with the Director of the NO. 83 Civil Air Regulations as hereinafter set Tobacco Division, Agricultural Market­ forth. Effective February Ì, 1955, an order ing Service, Room 3521 South Building, Interested persons may participate in (19 F. R. 585) was issued suspending United States Department of Agricul­ the making of the proposed rules by sub­ Marketing Agreement No. 112 and Order ture, Washington 25, D. C., not later than mitting such written data, views, or No. 83 (7 CFR Part 983) regulating the the close of business on the 30th day arguments as they may desire. Commu­ handling of Type 62 shade-grown cigar- after the publication of this notice in the nications should be submitted in dupli­ leaf tobacco grown in the designated pro­ cate to the Civil Aeronautics Board, duction area of Florida and Georgia. F ederal R eg ister. All documents should attention Bureau of Safety Regulation, Notice is hereby given that the Secretary be filed in quadruplicate. Washington 25, D. C. In order to insure of Agriculture is considering whether or All terms used herein have the same their consideration by the Board before not to terminate such suspension oft meaning as when used in the marketing taking further action on the proposed January 31, 1956. If the suspension is agreement and order. rules, communications must be feceived terminated, the provisions of the Mar­ (Sec. 5, 49 S tat. 753, as amended; 7 U. S. C. by January 16, 1956. Copies of such keting Agreement and Order, including 608c) communications will be available after Wednesday, November 16, 1955 FEDERAL REGISTER 8501 January 18, 1956, for examination by landings or severe turbulence and the air, and the number of television sets interested persons at the Docket Section whether flights have been conducted in in the hands of the public has increased of the Board, Room 5412, Department accordance with clearances and ap­ to 35 million. of Commerce Building, Washington, proved operating procedures. 3. But despite this tremendous growth, D. C. As an alternative to the foregoing, It it is evident from recent experience that On two occasions within the past sev­ has also been recommended that the a nationwide competitive television serv­ eral years the Board has amended-the regulations be amended to require the ice has not been realized to the extent Civil Air Regulations to require the use installation of this instrument only on contemplated at the time the Commis­ of a recording device on scheduled air transport category airplanes designed sion issued its Sixth Report and Order. carrier aircraft. In both instances the to operate above 25,000 feet altitude. Many of the smaller communities are Board found it necessary to rescind the Such a proposal is based upon the as­ without a first local outlet and the ex­ amendments since the instruments then sumption that justification for requiring pansion of multiple, competing services available were found to be unreliable flight recorders exists only for airplanes in the larger economic and population and inadequate for, the purpose in­ which are intended for operations at centers of the country is lagging. Diffi­ tended. Hie Board gave notice, however, high altitudes where little operational culties encountered in achieving success­ that a requirement for a recording device experience exists. Thus, the installation ful operation of stations in the UHF would be reconsidered at such time as a of recorders on such airplanes would band have been a significant factor lead­ suitable instrument was available. contribute to overall safety of operation. ing to this situation. We are now informed that a suitable In addition to the two alternatives de­ 4. The familiar difficulties presently flight recorder is available. This re­ scribed, the Board would welcome any facing television broadcasters raise ques­ corder gives evidence of being a rugged, other proposals as to types of aircraft tions with respect to basic elements of self-contained instrument which records and operations for which flight record­ the standards and principles established time, airspeed, pressure altitude, vertical ers should be required. by the Commission in the Sixth Report acceleration, and heading directly on These amendments are proposed un­ and Order. And while these difficulties aluminum foil. It operates for 300 hours der the authority of Title VI of the Civil have varying impact on individual flight time between changes of record Aeronautics Act of 1938, as amended. broadcasters and communities, they are and requires no attention of the flight The proposals may be changed in the manifestly nationwide in scope and may crew in operation. The record can be light of comments received in response have far-reaching implications for the quickly removed and read at any time to this notice of proposed rule making. future of the television system as a whole. without processing. The instrument is (Sec. 205, 52 S tat. 984; 49 U. S. C. 425. In ­ The Commission is therefore convinced enclosed in a 13-inch diameter spherical terpret or apply secs. 601-610, 52 Stat. 1007- that any approach to their solution must shell designed for reduction of impact 1012, as amen<*ed; 49 U. S. C. 551-560) take cognizance of the overall, national damage and for protection of the record scope of the problem. during crash impacts and fire following Dated at Washington, D. C., November 5. The Commission recognizes that crashes. Weight of the installed instru­ 10, 1955. some of the present hindrances to the ment is approximately 25 pounds. The By the Civil Aeronautics Board. further expansion of television service instrument will float in water and the in many communities are due to causes record foil is resistant to attack by sea [seal] . M. C. M ulligan, which lie beyond its control. To an ap­ water. Although this instrument does Secretary. preciable extent these problems are not record communications, the lack of [P. R. Doc. 55-9222; Piled, Nov. 15, 1955; basically economic and arise out of the this feature is of minor importance due 8:53 a. m.] limits beyond which it is "hot possible, at to the steadily increasing number of the present stage of the development of communication centers which automati­ the television art, to obtain sufficient eco­ cally record all outgoing and incoming FEDERAL COMMUNICATIONS nomic support to meet the high costs of radio transmissions. This instrument COMMISSION construction, programming and opera­ has undergone 5,300 hours of satisfac­ tion of television stations. On other tory service testing. [ 47 CFR Part 3 ] aspects of the problem, relating for In view of the foregoing, notice is [Docket No. 11532; FCC 55-1124] example to the improvement of trans­ hereby given that it is proposed to amend mitting and receiving equipment, the the appropriate parts of the Civil Air T elev isio n B roadcast S tations industry itself can make valuable con­ Regulations to require the installation of NOTICE OF PROPOSED RULE MAKING tributions. At the same time, the Com­ flight recorders on certain aircraft. mission wishes to insure that to the It has been recommended -that the In the matter of amendment of Part 3 extent that any of the present difficulties regulations be amended to provide that of the Commission’s rules and regula­ may be alleviated by possible revision of all four-engine and all two-engine air­ tions governing Television Broadcast the present allocation system, such possi­ planes originally type certificated under Stations. bilities will be fully explored. Parts 4a and 4b of the Civil Air Regula­ 1. The Commission’s present television 6. The Commission has received a tions having a maximum certificated assignment plan, promulgated in its number of proposals from interested seg­ take-off weight of more than 12,500 Sixth Report and Order in 1952, was de­ ments of the industry, which although pounds shall not be operated in air trans­ signed to lay the foundation for the de­ they envisage fundamental departures portation unless they are equipped with velopment of a nationwide competitive from the present system adopted in the instrumentation to record continuously television system which would meet a se­ Sixth Report and Order and approach diming flight the following information: ries of stated objectives. These objec­ the problem on a nationwide basis, do Time, vertical acceleration, airspeed, tives may be briefly summarized as not challenge the Commission’s basic ob­ pressure altitude, and direction. The follows: jectives. Some of the techniques sug­ recorder would have to comply with de­ (a) At least one service to all areas. gested for alleviating the difficulties sign specifications prescribed by the Ad­ (b) At least one station in the largest involve the use of additional VHF fre­ ministrator of Civil Aeronautics. It was possible number of communities. quencies; the reduction of minimum further recommended that the air car­ (c) Multiple services in as many com­ separations to make additional VHF riers be required to preserve flight re­ munities as possible to provide program channel assignments possible, using corder records for a period of 30 days. choice and to facilitate competition. either the present 12 VHF channels or In support of this recommendation, it 2. To some extent these objectives new VHF channels, or both; deinter­ was maintained that the recorder would have been realized. Over 90 percent of mixture on a basis consistent with a na­ provide useful information with respect the population can receive a degree of tionwide solution; and other techniques. to accident prevention and accident in­ service from at least one television sta­ A number of the proposals include sug­ vestigation which would be of value not tion. Approximately 75 percent can re­ gestions for modifications of the present only to government agencies, but also to ceive a degree of service from two or standards which would permit the use the airlines. For example, a study of the more stations. Almost 275 communities flight record would disclose information Tiave at least one, and 112 of these have of directional antennas, cross polariza­ with respect to the need for structural two or more, local television facilities in tion, new limits on antenna heights and inspection of the aircraft after hard operation. Over 430 stations are now on m a v im n m powers for new channel as- 8502 PROPOSED RULE MAKING

signments, and others; and some pro­ 9. In this initial stage, the Commis­ area only. Hence their use for this pur­ posals contemplate combinations of the sion believes it would not be desirable to pose in the latter area would appear to foregoing techniques. Some of the pro­ consider proposals whose scope is limited be preferred over the use of 2638 kc or posals envisage a revised nationwide to action affecting only individual com­ 2738 kc in that less interference may be table of fixed assignments; others look: munities or a limited area. Premature anticipated and more expeditious com­ toward the adoption of new standards involvement with questions relating ex­ munication should be possible. which would govern the addition of clusively to individual city assignments 3. Further, it appears that an excep­ specific channel assignments on the basis or to limited areas, without reference to tion to the plan of assignment of the of individual applications. In addition to a nationwide system, would unduly im­ frequencies 1622 kc and 2382 kc for in­ these plans which have already been pede our progress in determining the tership communication, as set forth in advanced, the Commission understands basic course which it would be desirable existing rule § 14.259 (a) (2), should be that a number of studies have been to follow in considering possible revisions recognized in behalf of ocean-going tug­ initiated by other groups in the industry. to the nationwide television allocation boats which, regardless of their gross 7. In these circumstances, the Com­ plan. At a later date, when the Com­ tqnnage, may have need in connection mission believes that the public interest mission has determined the general na­ with towing or salvage operations to would be served by the institution of a ture of any revisions to the present allo­ communicate on either 1622 kc or 2382 general rule making proceeding to con­ cation scheme which it would be desir­ kc with other vessels authorized to use sider possible overall solutions to the able to adopt, it will then be in a better either but not both of these frequencies problem on a broad, nationwide basis. position to consider comments relating for intership communication. All interested parties, including those to specific channel assignments proposed 4. It is proposed to amend the appli­ who have informally tendered proposals for individual communities. cable rule so as to authorize ship sta­ to the Commission, will have the op­ 10. All interested parties are invited to tions on board ocean-going tugboats of portunity of submitting their suggestions file written comments in accordance any gross tonnage to communicate with in this proceeding. This proceeding will, with this Notice. In light of the many other vessels in the Alaska area either on we believe, facilitate an orderly review of considerations which favor minimizing 1622 kc or 2382 kc as circumstances may the proposals and will afford the Com­ delay, the Commission has decided to re­ require. ' mission a sound basis on which it may quire the filing of comments no later 5. The proposed amendment would compare the advantages and disadvan­ than December 15, 1955, and the filing facilitate and improve communication in tages of th e ' proposals, both among of reply comments by January 6, 1956. Alaskan waters between ocean-going themselves and with respect to the An original and 14 copies of comments tugboats and other ships, particularly in present plan, and evaluate them in terms should be filed. respect to communication relative to of the opportunities they may provide 11. Authority for the institution of this towing and salvage operations at sea. for fuller realization of a nationwide proceeding is contained in sections 1, 4 6. The proposed amendment is set competitive television system. (i) and (j), 301, 303, (a), (b), (c), (d), forth below and is issued under the au­ 8. As noted, there is considerable di­ (e), (f), (g), (h), and (r), and 307 (b) of thority contained in sections 303 (c) (f) versity among the various approaches the Communications Act of 1934, as and (r) of the Communications Act of that have been suggested. The multi­ amended, and section 4 of the adminis­ 1934, as amended. plicity of the possible alternative plans trative procedure act. 7. Any interested person who is of the suggests the desirability of establishing a Adopted: November 10, 1955. opinion that the proposed amendment basis on which it will be possible for the should not be adopted or should not be Commission to make a full and fair Released: November10,1955. adopted in the form set forth herein, and evaluation of the different prôposals. F ederal Communications any person desiring to support this pro­ This would be facilitated if those parties posal may file with the Commission on or submitting proposals included data and C o m m is sio n , - [seal] . M ary J ane M o rris, before December 23, 1955, a written comments relating to: Secretary. statement or brief setting forth his com­ (a) The nature and the extent of de­ ments. Replies to such comments may partures, if any, from the present stand­ [P. R. Doc. 55-9211; Piled, Nov. 15, 1955; 8:50 a. m.] be filed within ten days from the last date ards as adopted in the Sixth Report and for filing original comments. The Com­ Order with respect to: mission will consider all comments and (1) Minimum separations. briefs presented before taking final action (2) Minimum and maximum limita­ in this matter. tions on powers and antenna heights. [ 47 CFR Part 14 ] 8. In accordance with the provisions of (3) Use of directional antennas. [Docket N o.-11535; PCC 55-1107] § 1.764 of the Commission’s rules and (4) Cross polarization. * regulations, an original and 14 copies of (5) Any other deviations from present R adio S tations in A laska (O th er T han A mateur and B roadcast) all statements, briefs or comments filed standards. shall be furnished the Commission. (b) The effect of the proposed revision in t e r s h ip u se o f certain frequencies Adopted: November 9, 1955. on the assignments occupied by existing In the matter of amendment of Part stations. Released: November 10, 1955. (c) The extent to which the plan 14 of the Comrqission’s rules with re­ submitted provides for the future expan­ spect to intership use of the frequencies F ederal C ommunications sion of television service. 1622 kc and 2382 kc in the Alaska area. C o m m is sio n , (d) The impact of the plan on the 1. Notice is hereby given of proposed [seal] M ary J ane M o r r is, rule making in the above-entitled Secretary. problem of receiver incompatibility. matter. (e) The effect of the plan on the educa­ A. Part 14 is amended to read as fol­ tional reservations. 2. Part 14 of the Commission’s rules (§ 14.259 (a) (2) ) provides for use of the lows : It would also be helpful to the Commis­ frequency 1622 kc for intership commu­ 1. Section 14.259 (a) (2) is amended sion if parties submitting proposals nication in Alaskan waters between ship to read: which envisage a revised table of fixed stations on board vessels of less than 500 (2> For ship-to-ship communication channel assignments, would include an gross tons and for use of the frequency (for business, operational and safety pur­ assignment plan for Zone I indicating 2382 kc for such communication be­ poses) by telegraphy and/or telephony— the specific assignments in each city. tween ship stations on board vessels of 1622 and 2382. The use of these fre­ The Commission will also consider pro­ 500 gross tons or more. In contrast to quencies shall be as follows: posals which envisage revised standards the frequencies 2638 kc and 2738 kc (i) Between ship stations on board which are used for intership telephony vessels of less than 500 gross tons, and for the addition of phannel assignments not only in Alaskan waters but through­ between such ship stations and ship on the basis of individual applications, out the general area of the Pacific sea­ stations on board ocean-going tugboats rather than by incorporating new assign­ board of North America, the frequencies of any gross tonnage—1622 only, except ments in a revised fixed Table of Assign­ 1622 kc and 2382 kc are available for in­ as provided in subdivision (iii) of this ments. tership communication in the Alaska subparagraph; and Wednesday, November 16, 1955 FEDERAL REGISTER 8503 (it) Between ship stations on board record to the aboye-entitled proceeding, If circumstances warrant it, a public vessels of 500 gross tons or more, and that the Commission should reconsider hearing will be held at a convenient time between such ship stations and ship sta­ its finding herein which rejected income and place, which will be announced. tions on board ocean-going tugboats of tax equalization, a special accounting The determination of the Secretary on any gross tonnage—2382 only, except as rule briefly described in the report (284 the application will be published in the provided in subdivision (iii) of this sub- I. Ç. C. 9) previously adopted on Decem­ F ederal R e g is t e r . A separate notice will paragraph. ber 21, 1951. be sent to each interested party of record. (iii) Between-' ship stations on board So that the Commission may be fully The lands involved in the application ocean-going tugboats of any gross ton­ advised in the premises, any party to this are: nage—1622 or 2382. proceeding and any other persons inter­ W ind R iver Meridian No t e : The term “ocean-going tugboat” for ested in the matter of income tax equal­ WYOMING this purpose means only a tugboat which ization, as that term is used in the report T. 1 N., R. 3 E., normally is capable of engaging in towing or previously adopted herein, may partici­ Sec. 9: NE^; salvage operations in the open sea. pate by submission of their views and Sec. 10: Stf; [P. R. Doc. 55-9212; Piled, Nov. 15, 1955; arguments in writing, together with data Sec. 13: Lot 1, W y2; 8:51 a. m.] or other evidence. Such data; views, Sec. 14: E%; arguments, and evidence should be filed Sec. 24: Ni/a. with the Commission on or before T. 1 N., R. 4 E., Sec. 6: Lots 3, 4, 5, 6. 7, SE ft, Ei/2SWV4, INTERSTATE COMMERCE December 15, 1955. SE^NW}4; COMMISSION Notice to the general public will be Sec. 7: All; given by depositing a copy of this notice S ec.8: W &; i 49 CFR Part 10 ] ' in the Office of the Secretary of the Com­ Sec. 19: Lots 1, 2, Ey2N W ^. [No. 30920] mission for inspection, and by filing a L o w ell M. P uckett, A mortization A c c o u n t in g f o r E m e r ­ copy with the Director of the Federal State Supervisor. g e n c y C a r rier F a c il it ie s Register. [P. R. Doc. 55-9188; Piled, Nov. 15, 1955; 8:45 a. m.] NOTICE OF PROPOSED RULE MAKING By the Commission. N o v em ber 8, 1955. [ se a l ] H arold D. M c C o y , Secretary. Representations have been received DEPARTMENT OF HEALTH, EDU­ from Arthur Andersen & Co., a public [P. R. Doc. 55-9198; Piled, Nov. 15, 1955; CATION, AND WELFARE accounting firm not presently a party of 8:47 a. m.] Office of the Secretary

I n v it a t io n T o B id o n S u r e t y B ond This invitation is for bids on position NOTICES schedule and/or blanket position bond in favor of the United States, covering certain officers and employees of the De­ lease, and sale, with a preference right partment of Health, Education, and Wel­ DEPARTMENT OF THE INTERIOR to veterans of World War II and of the fare, for the premium period beginning Bureau of Land Management Korean Conflict and other qualified per­ January 1, 1956, through December 31, sons entitled to preference under the Act 1957. [Document No. 71] of September 27, 1944 (58 Stat. 497; 43 Purchase of such bonds is authorized A r izo n a U. S. C. 279-284), as amended. by Public Law 323, 84th Congress, and 4. All valid applications filed prior toTreasury Department Circular No. 969. SMALL TRACT CLASSIFICATION NO. 46 November 7, 1955, will be granted, as (Title 31, Chapter H, Subchapter A, Part N o v em ber 7, 1955. soon as possible, the preference right 226.) 1. Pursuant to authority delegated by provided for by 43 CFR 257.5 (a). The following classes of employees are to be bonded: Document No. 43, Arizona, effective May E. R. T r a g it t , 19, 1955 (20 F. R. 3514r-15), the following State Lands and Minerals, described lands totaling 2,880 acres lo­ Staff Officer. Penal sum Number cated in Maricopa County are -hereby classified for lease and sale for residence [F. R. Doc. 55-9187; Piled, Nov. 15, 1955; $5,000 ...... 214 and/or business purposes under the 8:45 a. m.] $3i000 to $5,000___ 85 $5,000 to $25,000--- 17 Small Tract Act of June 1, 1938, (52 $5,000...... 177 Stat. 609; 43 U. S. C. 682a), as amended: G ila and Salt R iver Meridian 1 Includes custodians of money and property, col­ W y o m in g lection clerks, cashiers, postal clerks, and bonded messengers. T. 5 N., R. 4 E., n o t ic e o f p r o p o s e d w it h d r a w a l and Sec. 15: W Yz. S E ^ ; RESERVATION OF LANDS Sec. 20: SEV4; Bids. Bids are invited for the execu­ Sec. 21: Ey2. SW1/^ The Bureau of Reclamation, Depart­ tion of bonds in the following forms : Sec. 22: All; ment of the Interior has filed an appli­ 1. Position Schedule Bond Form Sec. 26: syj; cation, Serial No. Wyoming 035129, for HEW-74 (Exhibit A) / Sec. 27: Sy2S% ; the withdrawal of the lands described 2. Blanket Position Bond Form HEW- Sec. 28: N 75 (Exhibit B).1 Sec. 35: E y2. below, from all forms of appropriation under the public land laws including the Positions to be covered. Schedules 2. Classification of the above described United States mining laws but not in­ (Exhibit C)1 are attached showing posi­ lands by this order segregates them from cluding the mineral leasing laws. tions to be covered, class of bond, penal all appropriations, including, locations The applicant desires the land for use sum and location of position. The num­ under the mining laws, except as to ap­ in connection with the Riverton Project, ber of incumbents shown in the schedule plications under the "mineral leasing laws. Wyoming. is as of November 8,1955, and represents 3. The lands classified by this order For a period of 30 days from the date the best estimated number of incum­ shall not become subject to application Of publication of this notice, persons hav­ bents who will be filling the positions as under the Small Tract Act of June 1, ing cause may present.their objections in of January 1, 1956. 1938 (52 Stat. 609; 43 U. S. C. (682a) writing to the undersigned official of the as amended, until it is so provided by Bureau of Land Management, Depart­ *.Filed as part of original document. an order to be issued by an authorized ment of the Interior, Post Office Box 929, Copies are available upon request to Depart­ officer, opening the lands to application, Cheyenne, Wyoming?- ment of Health, Education, and Welfare.

» 8504 NOTICES

Bids may be obtained upon request Slick, American and REA have by an­ FEDERAL COMMUNICATIONS from: Purchase Section, Division of swer opposed the proposals contained in General Services, Department of Health, Tiger’s Petition, and requested that no COMMISSION Education, and Welfare, Room 5639 modification be made of the minimum [Docket No. 11424, etc.; FCC 55M-932] HEW Building, Washington 25, D. C; orders prescribed in Docket No. 1705 Invitation No. SA-18-56 to be opened without hearing on such petition. Amer­ M a n c h e s t e r B roadcasting Co. e t a l. December 6,1955,11:00 a. m., e. s. t. ican has requested that consideration of Any questions concerning the bid or Tiger’s petition be deferred until the ORDER SCHEDULING HEARING bond requirements should be directed- Board has acted upon its petition herein In re applications of John Deme, d/b to the above address, attention M. M. dated October 6,1955, and upon the issue as Manchester Broadcasting Company, Smith, Telephone Executive 3-6300, ex­ of joint loading by forwarders in Docket Manchester, Connecticut, Docket No. tension 3343. No. 5947. 11424, File No. BP-9176; Regional Broad­ The Board, upon consideration of the Dated: November 10, 1955. casting Company, East Hartford, Con­ foregoing petitions and answers and of necticut, Docket No. 11425, File No. BP- [ se a l ] M a r ie M . S m it h , the record and orders previously en­ 9399; Brothers Broadcasting Corpora­ Chief, Supply Branch, tered in this proceeding, believes that tion, Hartford, Connecticut, Docket No. there may be sufficient grounds to modify 11426, File No. BP-9631; for construction Approved: November 10, 1955. _minimum rates prescribed herein and permits. that a hearing or hearings should be held D. P . S im p s o n , The Hearing Examiner has under con­ Director, General Services. upon the petitions of American and Tiger sideration (l)a petition filed October 28, to modify the minimum rate orders here­ 1955, by John Deme, d/b as Manchester [P. R. Doc. 55-9223; Piled, Nov. 15, 1955; tofore entered in this proceeding, and Broadcasting Company, wherein he re­ 8:53 a. m.] that every effort should be made to ex­ quests that the date previously desig­ pedite decision herein. nated by the Hearing Examiner for the We have considered American’s request exchange of engineering information, CIVIL AERONAUTICS BOARD to modify the minimum rate order so November 7, 1955, be changed and ex- [Docket No. 1705, et al.; Order No. E-9733J that it may institute deferred rates be­ „tended to November 16, 1955; and (2) a low the established minimums for the pleading filed November 1,1955, by coun­ A m e r ic a n A ir l in e s , I n c ., and P l y in g period of one year without hearing, and sel for Regional Broadcasting Company T ig e r L in e , I n c . find no basis upon which such request opposing such request for an extension could be properly granted. of time. Oral argument was held on the ORDER ASSIGNING FOR HEARING PETITIONS TO The Board finds no sufficient reason to pleading this date, November 3, 1955. MODIFY MINIMUM RATES defer hearing upon Tiger’s petition as It appearing from the pleadings and Adopted by the Civil Aeronautics requested by American. It appears that argument that a misunderstanding and Board at its office in Washington, D. C. the issues raised by the petitions of the recent New England floods have re­ on the 10th day of November 1955. American and Tiger, and the answers sulted in a delay in the taking of Air freight rate investigation, the thereto, and the positions of the parties measurements by John Deme, the peti­ petition of American Airlines, Inc., to with respect to consolidation of these tioner. The opposition to the petition modify minimum rates; the petition of petitions can best be determined after for extension of time is predicated on the Flying Tiger Line Inc., to modify mini­ prehearing conference. We will, there­ assumption that by the exercise of due mum rates. fore, defer action upon the question of diligence, the measurements could have The Board on June 2,1948, entered an consolidation of hearing on American’s been taken by John Deme prior to the order1 in this proceeding prescribing and Tiger’s petitions until after the pre- floods referred to; lawful minimum rates for the trans­ hearing conference has been held upon It appearing from the argument that portation of property by air (except for the proceedings on both petitions. the granting of the extension of time as property carried in the air express serv­ The Board finds that its action herein requested will not result in a delay in the ice) , and providing that the record be is necessary and appropriate in order to opening of the evidentiary hearing on held open for any party in interest to carry out the provisions and objectives November 21, 1955, and that good cause petition for modification of the minimum of the Civil Aeronautics Act of 1938, as has been shown why the petition for ex­ rates prescribed by such order. amended, particularly sections 205 (a), tension of time should be granted; American, by petition filed October 6, 403, 404 and 1002 thereof: It is ordered, This the 3d day of No­ 1955, has requested that Order No. E- It is ordered, That: vember 1955, that the petition for ex­ 1639 be amended so as to exclude from 1. The petition of American Airlines, tension of time be and the same is the minimum rates and charges pro­ Inc., to amend the minimum rate orders hereby granted and the engineering in­ vided therein the rates and charges for previously entered in this proceeding be formation to be offered in evidence in a deferred air freight service proposed by assigned for hearing before an examiner response to all issues involving engi­ American. of the Board at a time and place herein­ neering will be exchanged with the American, by paper designated Reply, after to be designated. parties on or before the close of business filed November 2, 1955, has requested 2. American’s request to institute be­ November 16, 1955; permission to institute such deferred low minimum rates on deferred air It is further ordered, That the date for rates for the period of one year without freight prior to hearirig be and it is the start of the evidentiary hearing re­ hearing. hereby denied. mains unchanged, namely, November 21, 3. The petition of Plying Tiger Line, 1955. Railway Express Agency, (REA), Slick Inc., to amend the minimum rate orders Airways, Inc., (SLICK), Trans World previously entered in this proceeding be F ederal C ommunications Airlines, Inc. (TWA), United Air Lines, assigned for hearing before an examiner C o m m is s io n , Inc. (United), and The Flying Tiger Line [ se a l ] M ary J a n e M o r r is , of the Board at a time and place here­ Secretary. Inc. (Tiger) have opposed American’s inafter to be designated. proposed deferred service, and urged in 4. At the conclusion of the hearings [F. R. Doc. 55-9213; Filed, Nov. 15, 1955; substance that no modification of the herein prescribed, the examiner shall 8:51 a. m.] minimum rate order be permitted with­ immediately certify the records to the out hearing on American’s petition. Board for decision. Tiger, by petition filed October 7,1955, 5. A copy of this order be served upon has requested that the Tenth Supple­ all parties to this proceeding. [Docket No. 11545; FCC 55-1119] mental Order Modifying Prescribed Min­ 6. This order be published in tjie C la ss B F M B roadcast S t a t io n s imum Rates2 be amended to rèduce the F ederal R e g is t e r . NOTICE OF PROPOSED ALLOCATION minimum rates prescribed for large By the Civil Aeronautics Board. volume shipments. 1. Notice is hereby given of further [ s e a l ] M . C. M u l l ig a n , proposed rule making in the above- 1 Order No. E-1639, 9 CAB 340. Secretary. entitled matter. 2 Order No. E-7837 dated October 21, 1953, [F. R. Doc. 55-9221; Filed, Nov. 15, 1955; 2. It is proposed to amend the Revised Docket No. 1705. 8:52 a. m.] Tentative Allocation Plan for Class B FM Wednesday, November 16, 1955 FEDERAL REGISTER 8505 Broadcast Stations in the following holding company, and its subsidiary, Michigan Consolidated. Michigan Con­ manner: Michigan Consolidated' Gas Company solidated is organised under the laws of (“Michigan Consolidated”) , an operat­ the State of Michigan and conducts its ing gas utility company, having filed business in that State. Channels with this Commission a joint applica­ Michigan Consolidated proposes to pay General area tion-declaration and amendments there­ the following fees and expenses in con­ Delete Add to under the Public Utility Holding nection with the proposed security issuances: . \ 235 Company Act of 1935 (“Act”) pursuant Greenville, S. C______T.____ _— v 235 246 to Sections 6 (b), 9, 10, and 12 (f) and Olemson, S. O______246 271 Rules U-43 and U-50 promulgated there­ Appli­ Applica­ cable to ble to new under regarding certain proposed trans­ new common 3. The purpose of the proposed actions w hich are summarized as bonds stock amendment is to provide a Class B chan­ follows: Michigan Consolidated proposes to is­ Federal original issue tax ...... $33,000 $1,109 nel in Greeneville, Tennessee, to facili­ sue and sell, pursuant to the competitive Securities and Exchange Commis- tate consideration of a pending applica­ 3,150 bidding requirements of Rule U-50, Michigan Public Service Commis- tion submitted by Radio Greeneville, $30,000,000 principal amount of First 30.000 1,008 Inc., for a new Class B FM broadcast Counsel fees: Mortgage Bonds, _ Percent Series, Sibley, Austin, Burgess & Smith. 17.000 station in that city. due 1980. These bonds will be dated Dyer, Meek, Kuegsegger & Bui- 4. Authority for the adoption of the 11.000 proposed amendment is contained in November 15, 1955, will mature Novem­ 1.500 ber 15, 1980, and will be issued under Accounting fee of Arthur Ander- sections 4 (i), 301, 303 August 15, 1956 (File No. 70- It is ordered, Pursuant to Rule U-23 3395). On October 7, 1955, Michigan and the applicable provisions of thq. Act, Released: November 10,1955. Consolidated issued and sold 930,000 that said application-declaration as F ederal C ommunications shares of its common stock to American amended be, and the same hereby is, C o m m is s io n , Natural for a total cash consideration of granted and permitted to become effec­ [ seal] M ary J ane M orris, $13,020,000, the aggregate par value of tive forthwith, subject to the terms and Secretary. such shades (File No. 70-3412). It is conditions contained in Rules U-50 and [F. R. Doc. 55-9214; Filed," Nov, 15, 1955; anticipated that concurrently with the U-24. 8:51 a. m.] issuance and sale of the new bonds the By the Commission. borrowing under the Credit Agreement [SEAL] ORVAL L. DUBOIS, will be repaid and the Credit Agreement Secretary. SECURITIES AND EXCHANGE terminated. • COMMISSION Of the proceeds from the sale of the [F. R. Doc. 55-9193; Filed, Nov. 15, 1955; new bonds, it is estimated that approxi­ 8:46 a. m.J [File No. 70-3420] mately $5,000,000, representing the prin­ M ichigan C onsolidated G as C o . and cipal amount of new bonds not issued in FEDERAL POWER COMMISSION A m erican N atural G as C o . the first instance against net property [Docket No. E-6651] order granting application and pe r m it ­ additions, will be deposited with the tin g EFFECTIVENESS TO DECLARATION RE­ Trustee under Michigan Consolidated’s O tter T ail P o w er Co. GARDING PROPOSED ISSUANCE AND SALE Indenture of Mortgage and Deed of NOTICE OF APPLICATION SEEKING ORDER BY SUBSIDIARY COMPANY OF REGISTERED Trust and will be held as part of the trust AUTHORIZING ISSUANCE OF UNSECURED HOLDING COMPANY OF FIRST MORTGAGE estate pending withdrawal from time to PROMISSORY NOTES BONDS AT COMPETITIVE BIDDING; AND time through the certification of net N ovember 8, 1955. ISSUANCE AND SALE BY SUBSIDIARY COM­ property additions. PANY AND ACQUISITION BY ITS PARENT The filing contains a copy of an order Take notice that on November 3, 1955, COMPANY OF COMMON STOCK of the Public Service Commission of the an application was filed with the Federal N ovember 9,1955. State of Michigan dated November 4, Power Commission pursuant to Section American N a tu ra l Gas Company 1955 expressly authorizing the issuance 204 of the Federal Power Act by Otter (•“American Natural”), a registered and sale of the proposed securities by Tail Power Company (Applicant), a cor- No. 223------3 s 8506 NOTICES poration organized under the laws of shall be served by Respondents upon all (B) The above-entitled proceeding the State of Minnesota and doing busi­ parties to these proceedings, including shall reconvene on November 23,1955, at ness in the States of North Dakota, South Staff Counsel, at such time as will ac­ 9:30 a. m., e. s. t. Dakota, and Minnesota, with its princi­ complish the delivery thereof to such pal business office at Fergus Falls, Min­ parties by January 3, 1956. Adopted: October 19, 1955. nesota, seeking an order authorizing the Issued: November 8, 1955. issuance of unsecured promissory notes Adopted: November 4, 1955. not to exceed $5,000,000, principal Issued: November 8, 1955. By the Commission. amount, at any one time outstanding. [ seal] J . H . G u t r id e, Said notes will be issued from time to By the Commission. Acting Secretary. time prior to December 31,1957, will ma­ [ seal] J . H . G u tr id e, [F. R. Doc. 55-9201; Filed, Nov. 15, 1955; ture within one year or Jess from the Acting Secretary. 8:48 a. m.] issuance dates and will bear interest at [F. R. Doc. 55-9192; Plied, Nov. 15, 1955; a rate not to exceed 4% per annum. / 8:46 a.m.] Said notes are proposed to be issued to evidence loans to be secured from First [Docket No. G-9628] National Bank of Minneapolis, First Na­ B altic O perating o tional Bank of Fergus Falls, and Fergus [Docket Nos. G-1820—G-4824] C . Falls National Bank and Trust Company ORDER SUSPENDING PROPOSED REVISED TAR­ T exas Co. or other commercial banks. The pro­ IFF SHEETS AND PROVIDING FOR INVESTI­ ceeds to be obtained from the proposed ORDER DENYING MOTIONS TO DISMISS AND GATION AND HEARING issuance will be used, pending permanent RECONVENING HEARING financing, to provide a portion of the On October 10, 1955, Baltic Operating funds needed to carry oil Applicant’s Sun Oil Company, intervener in Docket Company (Baltic) tendered for filing projected construction program in 1956, Nos. G-4820 and 4821, by motion made First Revised Sheets Nos. 4, 6, 8 and 9 1957, and 1958; all as more fully appears orally before the Presiding Examiner in to its FPC Gas Tariff, First Revised Vol­ in the application on file with the Com­ the above-entitled proceeding, and Has- ume No. 1, proposed to become effective mission. sie Hunt Trust, intervener in Docket No. October 23, 1955, and proposing an an­ Any person desiring to be heard or to G-4821, by motion filed with the Com­ nual rate increase to its wholesale cus­ make any protest with reference to said mission, have moved to dismiss certain tomers of $2,400 or 6.5 percent, based on application should on or before the 29th parts of the applications in Docket Nos. operations for the twelve-iponth period day of November, 1955, file with the Fed­ G-4820 and G-4821 involving transac­ ending June 1955. eral Power Commission, Washington 25, tions in which they have an interest. The purpose of Baltic’s proposed in­ D. C., a petition or protest in accordance The circumstances in each instance are crease in rates is to pass on to Its cus­ with the Commission’s rules of practice similar. The intervener is the operator tomers a rate increase from its supplier, and procedure. The application is on of certain properties in each situation Cities Service Gas Company. The in­ file and available for public inspection. and, either as processor or unit operator, crease in rates applicable to Baltic, has the contract right and duty to dis­ among others, was suspended until [SEAL] J . H. GUTRIDE, pose of the natural gas owned by The March 23,1956, by order of the Commis­ Acting Secretary. Texas Company in the absence of an sion issued oh October 13, 1955, in IP. R. Doc. 55-9191; Piled, Nov. 15, 1955; election by The Texas Company to sell Docket No. G-9468. Baltic’s presently 8*46 a. m.] or otherwise take its gas in kind. The existing rates are in effect subject to re­ Texas Company has not so elected with fund if so ordered in Docket No. G-2424. reference to the transactions involved, The present rates reflect the increased which are denominated Contract Num­ rates of Cities Service Gas Company now [Pocket No. G-2505, etc.] bers S-16, S-17, S-18, and S-19 in Docket under investigation in proceedings in No. G-4820, and L-4 and L-6 in Docket N orthern N atural G as Co. et al. Docket No. G-2410, which proceedings No. G-4821. have not been concluded nor has a de­ ORDER POSTPONING DATE OF HEARING Sun Oil Company and Hassie Hunt cision therein been made. In the matters of Northern Natural Trust request that the said controverted The State Corporation Commission of Gas Company, Docket No. G-2505; portions of The Texas Company’s appli­ Kansas has advised that it opposes the Northern Natural Gas Producing Com­ cations in Docket Nos. G-4820 and increased rates proposed. pany, Docket No. G-9409; Permian Basin G-4821 be dismissed on the ground of The increased rates and charges pro­ Pipeline Company, Docket No. G-9410. lack of Commission jurisdiction over the vided in the revised tariff sheets ten­ By order issued September 29,1955, the transactions involved. Commission Staff dered for filing on October 10,1955, have Commission consolidated these proceed­ Counsel took the position on the record not been shown to be justified and may ings for the purpose of hearing, and di­ at the hearing that, while the Applica­ be unjust, unreasonable, unduly dis­ rected that hearing in these matters be tions insofar as the transactions at issue criminatory, or preferential, or other­ are concerned should be dismissed, they wise unlawful. commenced on November 14, 1955. should be dismissed upon the authority On October 18,1955, a joint motion was The Commission finds: It is necessary of the order in Humble Oil & Refining and proper in the public interest and to filed on behalf of the three respondent Company, Docket Nos.® G-6753, et al., aid in the enforcement of the provisions companies requesting that the date fixed issued March 10, 1955. We agree with for commencement of hearing in these of the Natural Gas Act that the Com­ the position taken by the Staff. There­ mission enter upon a hearing pursuant matters be continued to January 16,1956. fore we will deny the motions of Sun Oil The Commission orders: The hearing to the authority contained in Sections 4 in these matters, now fixed to commence Company and Hassie Hunt Trust and and 5 of such Act, concerning the law­ on November 14,1955, be and it is hereby reconvene the hearing, recessed subject fulness of Baltic’s FPC Gas Tariff, First postponed to January 16,1956: Provided, to our order, to permit disposition of the Revised Volume No. 1, and the changes however, that the Respondents in these proceedings. proposed by the revised sheets tendered The Commission orders: October 10, 1955; and that the afore-* proceedings shall reduce to writing the said proposed revised sheets be sus­ direct testimony of witnesses proposed to (A) The motions by Sun Oil Com­pended as hereinafter provided and the be offered by them at such hearing in the pany and Hassie Hunt Trust to dismiss, use be deferred pending hearing and manner contemplated by section 1.20 with respect to the transactions involved decision thereon. (h) of the Commission’s rules of practice in The Texas Company’s Contract Num­ The Commission orders: and procedure, and such proposed testi­ bers S-16, S-17, S-18, and S-19 in Docket (A) Pursuant to the authority con­ mony, together with related exhibits pro­ No. G-4820, and L-4 and L-6 in Docket tained in.-Sections 4, 5 and 15 of the posed to be offered by these Respondents, No. G-4821, be and hereby are denied. Natural Gas Act, a public hearing be held Wednesday, November 16, 1955 FEDERAL REGISTER 8507 upon a date to be fixed by further order contested hearing, dispose of the pro­ Protests or petitions to intervene may of the Commission concerning the law­ ceedings pursuant to the provisions of be filed with the Federal Power Commis­ fulness of the proposed rates and charges section 1.30 (c) (1) or (c) (2) of the sion, Washington 25, D. C., in accord­ contained in Baltic’s PPC Gas Tariff, Commission’s rules of practice apd pro­ ance with the rules of practice and pro­ First Revised Volume No. 1, and the cedure. Under the procedure herein cedure (18 CFR 1.8 or 1.10) on or before changes proposed by the revised sheets provided for, unless otherwise advised, November 28,1955. Failure of any party tendered October 10, 1955. it wiil be unnecessary for Applicant to to appear at and participate in the hear­ (B) Pending such hearing and deci­ appear or be represented at the hearing. ing shall be construed as waiver of and sion thereon, Baltic’s First Revised Protests or petitions to intervene may concurrence in omission herein of the Sheets Nos. 4, 6, 8 and 9 to its FPC Gas be filed with the Federal Power Commis­ intermediate decision procedure in cases Tariff, First Revised Volume No. 1, be sion, Washington 25, D. C., in accordance where a request therefor is made. and the same are each hereby suspended with the rules of practice and procedure [ s e a l ] J. H. G u t r id e , and the use thereof deferred until April (18 CFR 1.8 or 1.10) on or before Novem­ Acting Secretary. 10, 1956, and until such further time ber 28,1955. Failure of any party to ap­ thereafter as they may be made effective pear at and participate in the hearing [P. R.. Doc. 55-9204; Piled, Nov. 15, 1955; in the manner prescribed by the Natural shall be construed as waiver of and con­ 8:49 a. m.] Gas Act, unless otherwise ordered by the currence in omission herein of the inter­ Commission. mediate decision - procedure in cases (C) Interested State commissions may where a request therefor is made. participate as provided by Sections 1.8 [Docket No. G-9069] [ s e a l ] J. H. G u t r id e , and 1.37 (f) (18 CFR 1.8 and 1.37 (f)) P h il l ip s P e t r o l e u m C o . of the Commission’s rules of practice and Acting Secretary. procedure. [P. r ! Doc. 55-9203; Piled, Nov. 15, 1955; NOTICE OF APPLICATION AND DATE OF HEAR­ 8:49 a. m.] ING FOR CERTIFICATE OF PUBLIC CONVEN­ Adopted: November 2, 1955. IENCE AND NECESSITY Issued: November 9, 1955. N o v em be r 8, 1955. By the Commission. Take notice that Phillips Petroleum [Docket No. G-8981] Company (Applicant), a Delaware cor­ [SEAL] GtTTRIDE, J. H. • A t l a n t ic R e f in in g C o . poration whose address is Bartlesville, Acting Secretary. n o t ic e o p application and date of hear­ Oklahoma, filed on June 23,1955, an ap­ [F. R. Doc. 55-9202; Piled, Nov. 15, 1955; in g for CERTIFICATE OF PUBLIC CONVEN­ plication for a certificate of public con­ 8:48 a. m.] IENCE AND NECESSITY venience and necessity pursuant to Section 7 of the Natural Gas Act, au­ N ov em ber 8, 1955. thorizing Applicant* to render service as - Take notice that The Atlantic Refining hereinafter described, subject to the [Docket No. G-8929] Company (Applicant), a Pennsylvania jurisdiction of the Commission, all as SUN O il C o . corporation whose address is P. O. Box more fully represented in the applica­ 2819, Dallas 1, Texas filed on May 31, tion which is on file with the Commis­ NOTICE OP APPLICATION AND DATE OP HEAR­ 1955, an application for a certificate of sion and open for public inspection. ING POR CERTIFICATE OP PUBLIC CON­ public convenience and necessity pur­ Applicant proposes to sell natural gas VENIENCE AND NECESSITY suant to Section 7 of the Natural Gas in interstate commerce to be produced N o v e m b e r 8,1955. Act, authorizing Applicant to render from the 291.3 acre Floy Lease out of Take notice that Sun Oil Company service as hereinafter described, subject Shore #2, Santa Cruz Grant, Starr (Southwest Division), Applicant, a New to the jurisdiction of the Commission, County, Texas, to Sun Oil Company for Jersey corporation whose address is P. O. all as more fully represented in the ap­ resale. Box 2880, Dallas, Texas, filed on May 20, plication which is on file with the Com­ This matter is one that should be dis­ 1955, an application for a certificate of mission and open for public inspection. posed of as promptly as possible under public convenience and necessity pursu­ Applicant proposes to sell natural gas the applicable rules and -regulations and ant to Section 7 of the Natural Gas Act, in interstate commerce from production to that end: authorizing Applicant to render service of leases in Block 12 Field, Andrews Take further notice that, pursuant to as hereinafter described, subject to the County, Texas, to Phillips Petroleum the authority contained in and subject jurisdiction of the Commission, all as Company for resale. to the jurisdiction conferred upon the more fully represented in the application This matter is one that should be dis­ Federal Power Commission by Sections 7 which is on file with the Commission and posed of as promptly as possible under and 15 of the Natural Gas Act, and the the applicable rules and regulations and Commission’s rules of pràctice and pro­ open for public inspection. to that end : cedure, a hearing will be held on Tuesday, Applicant proposes to sell natural gas Take further notice that, pursuant to "December 20, 1955, at 9:30 a. m., e. s. t., in interstate commerce from production the authority contained in and subject in a Hearing Room of the Federal Power in East Mathis Field, San Patricio to the jurisdiction conferred upon the Commission, 441 G Street NW., Washing­ County, Texas, to Gas Gathering Com­ Federal Power Commission by Sections ton, D. C., concerning the matters in­ pany for resale. 7 and 15 of the Natural Gas Act, and volved in and the issues presented by This matter is one that should be dis­ the Commission’s rules of practice and such application: Provided, however, posed of as promptly as possible under procedure, ’ a hearing will be held on That the Commission may, after a non- the applicable rules and regulations and Monday, December 19,1955, at 9:50 a. m., contested hearing, dispose of the pro­ to that end: e. s. t., in a Hearing Room of the Federal ceedings pursuant to the provisions of Take further notice that, pursuant to Power Commission, 441 G Street NW., section 1.30 (c) (1) or (c) (2) of the the authority contained in and subject Washington, D. C., concerning the Commission’s rules of practice and pro­ to the jurisdiction conferred upon the matters involved in and the issues pre­ cedure. Under the procedure herein pro­ Federal Power Commission by Sections sented by such application: Provided, vided for, unless otherwise advised, it will 7 and 15 of the Natural Gas Act, and the however, That the Commission may, be unnecessary for Applicant to appear Commission’s Rules of Practice and Pro­ after a non-contested hearing, dispose or be represented at the hearing. cedure, a hearing will be held on Mon­ of the proceedings pursuant to the pro­ Protests or petitions to intervene may day, December 19, 1955, at 9:40 a. m., visions of section 1.30 (c) (1) or (c) (2) be filed with the Federal Power Com­ e. s. t., in a Hearing Room of the Federal of the Commission’s rules of practice mission, Washington 25, D. C., in accord­ Power Commission, 441 G Street NW., and procedure. Under the procedure ance with the rules of practice and pro­ Washington, D. C., concerning the mat­ herein provided for, unless otherwise ad­ cedure (18 CFR 1.8 or 1.10) on or before ters involved in and the issues presented vised, it will be unnecessary for Appli­ November 28,1955. Failure of any party by such application: Provided, however, cant to appear or be represented at the to appear at and participate in the hear­ That the Commission may, after a non­ hearing. ing shall be construed as waiver of and 8508 NOTICES concurrence in omission herein of thé INTERSTATE COMMERCE South Carolina, Georgia, Florida, Mich­ intermediate decision procedure in cases igan, Ohio, Indiana, Illinois, Wisconsin, where a request therefor is made. COMMISSION Kentucky, Tennessee, Alabama, Missis­ [ seal] J . h . G u trid e, [Notice 86] sippi, Louisiana, Arkansas, Missouri, Acting Secretary. Kansas, Oklahoma, Texas, and the Dis­ M otor Carrier Applications [F. R. Doc. 55-9205; Filed, Nov. 15, 1955; trict of Columbia: new automobile 8:49 a. m.] N ovember 10, 1955. bodies, from the above-indicated origin Protests, consisting of an original and territory to the above-indicated destina­ two copies to the granting of an applica­ tion territory. Applicant is authorized tion must be filed with the Commission to conduct operations in Michigan, Ohio, [Docket No. <3-9239] within 30 days from the date of publica­ West Virginia, Pennsylvania, Virginia, New York, Kentucky, Illinois, Indiana, V ickers P etroleum Co ., I n c . tion of this notice in the F ederal R eg is­ ter and a copy of such protest served on Wisconsin, Missouri, North Carolina, NOTICE OF APPLICATION AND DATE OF HEAR­ the applicant. Esch protest must clearly Tennessee, Iowa, and Maryland. ING FOR CERTIFICATE OF PUBLIC CONVEN­ state the name and street number, city No. MC 23939 Sub 82, filed November IENCE AND NECESSITY and state address of each protestant on 3, 1955, ASBURY TRANSPORTATION CO., a corporation, 2222 East 38th Street, N ovember 8, 1955. behalf of whom the protest is filed (49 CFR 1.240 and 1.241) . Failure to season­ Vernon, Calif. Applicant’s attorney: Take notice that The Vickers Petro­ ably file a protest will be construed as a Bart F. Wade, 729 Citizens National Bank leum Co., Inc. (Applicant), a Kansas waiver of opposition and participation Bldg., 453 South Spring Street, Los An­ corporation whose address is P. O. Box geles 13, Calif. For authority to operate 2240, Wichita, Kansas, filed on August in the proceeding unless an oral hearing is held. In addition to other require­ as a common carrier, over irregular 18, 1955 an application for a certificate ments of Rule 40 of the General Rules routes, transporting: Machinery, equip­ of public convenience and necessity pur­ of Practice of the Commission (39 CFR ment materials and supplies used in or suant to Section 7 of the Natural Gas in connection with the discovery, devel­ Act, authorizing Applicant to render 1.40), protests shall include a request for a public hearing, if one is desired, and opment, production, refining, manufac­ service as hereinafter described, subject shall specify with particularity the facts, ture, processing, storage, transmission, to the jurisdiction of the Commission, all and distribution of natural gas and as more fully represented in4he applica­ matters, and things, relied upon, but shall not include issues or allegations petroleum and their products and by­ tion which is on file with the Commis­ products, and machinery, equipment, sion and open for public inspection. phrased generally. Protests containing general allegations may be rejected. materials, and supplies used in or in con­ Applicant proposes to sell in interstate Requests for an oral hearing must be nection with the construction, operation, commerce, its % interest in the natural supported by an explanation as to why repair, servicing, maintenance, and dis­ gas to be produced from a 640 acre lease the evidence cannot be submitted in mantling of pipelines, including the in Greenwood Field, Morton County, forms of affidavits. Any interested per­ stringing and picking up thereof, be­ Kansas, to Colorado Interstate Gas Com­ tween points in California, on the one pany for resale. son, not a protestant, desiring to receive notice of the time and place of any hear­ hand, and, on the other, points in Oregon This matter is one that should be dis­ and Washington. Applicant is author­ posed of as promptly as possible under ing, pre-hearing conference, taking of depositions, of other proceedings shall ized to conduct operations in California, the applicable rules and regulations and Colorado, Montana, Nevada, Utah and to that end; notify the Commission by letter or tele­ Wyoming. Take further notice that, pursuant to gram within 30 days from the date of publication of this notice in the F ederal No. MC 27817 Sub 33, filed November the authority contained in and subject 2, 1955, HAROLD C. GABLER, R. D. to the jurisdiction conferred upon the R eg ister. Except when the circumstances re­ #3, Chambersburg, Pa. Applicant's at­ Federal Power Commission by Sections torney: Christian V. Graf, 11 North 7 and 15 of the Natural Gas Act, and the quire immediate action, an application for approval, under Section 210a (b) of Front St., Harrisburg, Pa. For authority Commission’s rules of practice and pro­ to operate as a common carrier, over ir­ cedure, a hearing will be held on Wed­ the Act, of the temporary operations of motor carrier properties sought to be regular routes, transporting: Bulk ce­ nesday, December 21,1955, at 9:30 a. m., ment, in tank vehicles, from points in e. s. t., in a Hearing Room of the Federal acquired in an application under Section 5 (2) will hot be disposed of sooner than Lehigh, Northampton, Butler, Law­ Power Commission, 441 G Street NW, rence, Franklin, Allegheny, and York Washington, D.. C., concerning the 10 days from the date of publication of this notice in the F ederal R eg ister. If a Counties, Pa., Carroll, Washington and matters involved in and the issues pre­ Frederick Counties, Md., and Berkeley sented by such application: Provided, protest is received prior to action being taken, it will be considered. County, W. Va., to points in Maryland, however, That the Commission may, Virginia, West Virginia, Pennsylvania, after a non-contested hearing, dispose APPLICATIONS OF MOTOR, CARRIERS OF New York, New Jersey, and Delaware. of the proceedings pursuant to the pro-- PROPERTY Applicant does not presently hold any visions of section 1.30 (c) (1) or (c) (2) authority from this Commission to of the Commission’s rules of practice and No. MC 2484 Sub 30, filed November 2, transport the commodity specified in procedure. Under the procedure herein 1955, E. & L. TRANSPORT COMPANY, this application. provided for, unless otherwise advised, it 14201 Schaden Ave., Dearborn, Mich. No. MC 28733 Sub 2, filed October 24, will be unnecessary for Applicant to ap­ Applicant’s attorney: George S. Dixon, 1955, LESTER AUTO FREIGHT, INC., pear or be represented at the hearing. Guardian Bldg., Detroit 26, Mich. For Route 4, Box 31, Hood River, Or eg. For Protests or petitions to intervene may authority to operate as a common car­ authority to operate as a common car­ be filed with the Federal Power Com­ rier, over irregular routes, transporting: rier, over regular routes, transporting: mission, Washington 25, D. C., in accord­ New automobiles and new automobile General commodities, except those of ance with the rules of practice and chassis, in initial movements, in truck- unusual value, Class A and B explosives, procedure (18 CFR 1.8 or 1.10) on or away service, from points in that portion household goods as defined by the Com­ before November 28, 1955. Failure of of Oakland County, Mich, south of Mich­ any party to appear at and participate igan Highway 59 and west of a line ex­ mission, commodities in bulk, and those in the hearing shall be construed as tending from Michigan Highway 59 requiring special equipment, between waiver of and concurrence in omission southward along Union Lake Road to Hood River, Oreg., and Parkdale, Oreg., herein of the intermediate decision pro­ junction with Haggerty Highway and from Hood River over Oregon Highway cedure in cases where a request therefor thence along Haggerty Highway to the 281 to Parkdale and return over the is made. southern boundary of Oakland County, same route, serving all intermediate to points in Maine, New Hampshire, Ver­ points. Applicant is authorized to con­ [ seal] j . h . G u trid e, mont, Massachusetts, Rhode Island, duct operations in Oregon. Acting Secretary. Connecticut, New York, Pennsylvania, No. MC 40946 Sub 12, filed November [F. R. Doc. 55-9206; Filed, Nov. 15, 1955; New Jersey, Delaware, Maryland, Vir­ 2, 1955, DELAWARE EXPRESS CO., 401 8:49 a. m.j ginia, West Virginia, North Carolina, W. Main St., Elkton, Md. For authority Wednesday, November 16, 1955 FEDERAL REGISTER 8509 to operate as a contract carrier, over ir­ junction Missouri Highway 44, thence New Jersey, the District of Columbia, regular routes, transporting : Poultry and over Missouri Highway 44 to junction Delaware, Maryland, Virginia, West Vir­ dairy feeds, roofing material, miscellane­ McDonald County Road “E” thence over ginia, North Carolina, South Carolina, ous farm supplies, and fertilizer, from McDonald County Road “E” to Powell, Georgia, Florida, Michigan, Ohio, Indi­ Baltimore, Md. to points in Maryland, Mo., and return over the same route, ana, Illinois, Wisconsin, Kentucky, Ten­ Pennsylvania, and Delaware within 20 serving the off-route point of Simcoe, nessee, Alabama, Mississippi, Louisiana, miles of Newark, Del. Mo. Applicant is authorized to conduct Arkansas, Missouri, Kansas, Oklahoma, No te: Applicant requests dismissal of the operations in Missouri. and Texas, and (2) new automobile instant application if it is found that it al­ No. MC 65429 Sub 2, BENJAMIN S. bodies, from points in Oakland County, ready holds the above-applied for authority. RIZZO, doing business as BAUER Mich., south of Michigan Highway 59 and No. MC 47142 Sub 56, filed September MOTOR FREIGHT EXPRESS, R. D. No. west of a line extending from Michigan 15, 1955, C. I. WHITTEN TRANSFER 2, Bridgeton, N. J. Applicant’s attorney: Highway 59 southward along Union Lake COMPANY, a corporation, 20Ô Nine­ William Gallner, 55 E. Commerce Street, Road to junction Haggerty Highway, teenth Street, Huntington, W. Va. Ap­ Bridgeton, N. J. For authority to and thence along Haggerty Highway to plicant’s attorney: Chas. T. Dodrill, operate as a common carrier, over ir­ the southern boundary of Oakland West Virginia Building, Huntington, W. regular routes, transporting: Coal tar County, to all points in the above-speci­ Va. For authority to operate as a com­ resins and molding compounds, and fied destination territory. Applicant is mon carrier, over irregular routes, trans­ commodities essential to and manufac­ authorized to conduct operations porting: Class A, B, and C explosives, tured therefrom, from Woodbury, N. J.t throughout the United States. blasting supplies, and used empty con­ to Stratford and Middletown, Conn., No. MC 101126 Sub 38, filed November tainers for explosives, blasting supplies, New Castle, Ind., Akron and Dayton, 4, 1955, STILLPASS TRANSIT COM­ and powder, between points in Pennsyl­ Ohio, Monroe, Mich., Winchester, Va., PANY, INC., 4967 Spring Grove Ave., vania, Ohio, Virginia, West Virginia, and Manheim, Pa., and commodities in­ Cincinnati, Ohio. For authority to op­ Kentucky, North Carolina, Illinois, New cidental to the transportation and manu­ erate as a contract carrier, over irregular Jersey, Maryland, and Indiana, on thé facture of the commodities specified in routes, transporting: Denatured Rum, in one hand, and, on the other, Gambrills, this application on return. bulk, in stainless steel tank vehicles, from Md., and points within five miles of Gam- No. MC 74721 Sub 55, filed October 31, Covington, Ky., to Reidsville and Dur­ brills, with service at the described Mary­ 1955, MOTOR CARGO, INC., 700 Carroll ham, N. C., Richmond, Va., and Louis­ land points restricted to interchange of Street; Akron, Ohio. Applicant’s at­ ville, Ky., and empty containers or other traffic with other motor carriers only. torney: L. C. Major, Jr., 2001 Massachu­ such incidental facilities used in trans­ Applicant is authorized to conduct oper­ setts Ave., NW., Washington 6, D. C. For porting the commodities specified on ations in Illinois, Kentucky, Maryland, authority to operate as a common car­ return. rier, over a regular route, transporting: No. MC 101317 Sub 24, filed October 31, New Jersey, North Carolina, Ohio, Penn­ General commodities, except those of 1955, MILLS KING, doing business as sylvania, Virginia, and West Virginia. unusual value, Class A and B explosives, KING TRANSPORT, ^ O. Box 2186, 323 No. MC 52473 Sub 6, filed November 3, livestock, household goods, as defined by Dawson Street, San Antonio, Tex. Ap­ 1955, CARL H. BEHNKE, doing business the Commission, commodities in bulk, plicant’s attorney: Ewell H. Muse, Jr., as LAFLER MOVING COMPANY, 77 and those requiring special equipment, Suite 415, Perry Brooks Building, Austin, South Monroe St., Battle Creek, Mich. betweenflunction U. S. Highway 224 and Tex. For authority to operate as a com­ Applicant’s attorney: L. F. Richardson, Ohio Highway 4 at Attica, Ohio, and mon carrier, over irregular routes, trans­ Michigan National Tower, Lansing 6, junction U. S. Highway 28 and Ohio porting: New automobiles, new trucks, Mich. For authority to operate as a Highway 4, at a point approximately new assembled automobile chassis, and contract carrier, over irregular routes, three (3) miles east of Bellevue, Ohio, partially assembled automobile chassis, transporting : Waste paper, from points over Highway 4, serving-no intermediate in secondary movements, by the drive- in the Chicago, HI., Commercial Zone, as points,, and serving the termini for away and truckaway methods from defined by the Commission, to Constan­ joinder purposes only, as a connecting Memphis, Tenn., and Houston, Tex., and tine, Sturgis, Three Rivers, and Kala­ route for operating convenience only, in points within five (5) miles of each to mazoo, Mich. Applicant is authorized to connection with regular route operations points in Kendall County, Tex. Appli­ conduct operations in Illinois and (1) between Youngstown, Ohio and Min­ cant is authorized to conduct operations Michigan. neapolis, Minn., (2) between Akron, in Tennessee and Texas. No. MC 52473 Sub 7, filed November 3, Ohio, and Anoka, Minn., (3) between Note: Applicant states that the purpose of 1955, CARL H. BEHNKE, doing business Cleveland, Ohio and Indianapolis, Ind., this application is simply to add points in as LAFLER MOVING COMPANY, 77 and (4) between Medina, Ohio and Kendall County, Tex., to the list of counties South Monroe Street, Battle Creek, Lorain, Ohio. Applicant is authorized to authorized as a destination territory in MC Mich. Applicant’s attorney: L. F. Rich­ conduct operations in Delaware, Illinois, 101317 Sub 8 and not to secure any separate ardson, Michigan National Tower, Lan­ Indiana, Iowa, Maryland, Minnesota, or Independent authority. sing 8, Mich. For authority to operate Missouri, New Jersey, New York, Ohio, No. MC 103378 Sub 49, filed November as a contract carrier, over irregular Pennsylvania, Wisconsin, and the Dis­ 5, 1955, PETROLEUM CARRIER COR­ routes, transporting: Paper and paper trict of Columbia. PORATION, 369 Margaret Street, Jack­ products, between Battle Creek, Mich., No. MC 87928 Sub 34, filed November sonville, Fla. Applicant’s attorney: and points in Wisconsin. Applicant is 2, 1955, AUTOMOBILE TRANSPORT, Martin Sack, Atlantic National Bank authorized to conduct operations in INC. OF DELAWARE, 36555 Michigan Building, Jacksonville 2, Fla. For au­ Michigan and Illinois. Avenue, Box 29, Wayne, Mich. Appli­ thority to operate as a common carrier, No. MC 52713 Sub 7, filed November 2, cant’s attorney: Walter N. Bieneman, over irregular routes, transporting: 1955, MAXINE HUTCHENS AND B. F. Guardian Building, Detroit 26, Mich. Liquid glue and synthetic resins, in bulk, BABB, doing business as CASSVILLE For authority to operate as a common in tank trucks, from Jacksonville, Fla. TRUCK LINE, Cassville, Mo. Appli­ carrier, over irregular routes, transport­ to points in Georgia and South Carolina. cant’s attorney: Joseph R. Nacy, 117 ing: New automobiles and new automo­ Applicant is authorized to conduct op­ West High Street, Jefferson City, Mo. bile chassis, in initial movements, in erations in Florida, Georgia, South Caro­ For authority to operate as a common teuckaway service, (1) from points in lina, Alabama and Virginia. carrier, over regular routes, transport­ Oakland County, Mich., south of Michi­ No. MC 103880 Sub 146, filed June 28, ing : General commodities, except those gan Highway 59 and west of a line ex­ 1955, (Further Amended), published July of unusual value, Class A and B explo­ tending from Michigan Highway 59 27, 1955 on page 5370 and September 8, sives, household goods, as defined by the southward along Union Lake Road to 1955 On page 6595, PRODUCERS Commission, commodities in bulk, and junction Haggerty Highway, and thence TRANSPORT, INC., 530 Paw Paw Ave­ commodities requiring special equip­ along Haggerty Highway to the southern nue, Benton Harbor, Mich. Applicant’s ment, from Springfield, Mo., to Powell, boundary of Oakland County, to all attorney: Jack Goodman, 39 South La Mo., from Springfield over U. S. High­ points in Maine, New Hampshire, Ver­ Salle Street, Chicago 3, 111. For author­ way 60 to junction Missouri Highway 37, mont, Massachusetts, Rhode ^Island, ity to operate as a common carrier, over thence over Missouri Highway 37 to Connecticut, New York, Pennsylvania, irregular routes, transporting: (1) Pe- 8510 NOTICES

troleum products, petroleum lubricants, (1) over regular routes, (a) between applicable) point of Waxdale, Wis., and chemicals, and industrial soaps arid in­ Waldo, Wis., arid Plymouth, Wis., over with no service at Sturtevant, and (v) dustrial cleaners, in bulk, in tank ve­ Wisconsin Highway 57, (b) between between Howards Grove, Wis., and Mani­ hicles, from Indianapolis, Ind., to points Green Bay, Wis., and DePere, Wis., over towoc, Wis., over Wisconsin Highway in Kentucky, Ohio, Illinois, Michigan, Wisconsin Highway 57, serving the off- 42, serving the off-route point of Spring Georgia, and North Carolina; (2) Pe­ route point of Little Rapids, Wis., (c) Valley in Manitowoc County, Wis.; serv­ troleum oil bases, in bulk, in tank ve­ between Kiel, Wis., and Sheboygan Falls, ing all intermediate points, excepting as hicles, from Reading, Ohio to Indianap­ Wis., over Wisconsin Highway 32, (d) be­ otherwise specified above, on the above olis, Ind.; (3) Cutting oil and parting tween Howards Grove, Wis., and She­ described routes, and off-route points as compounds, (used in the manufacture of boygan, Wis., over Wisconsin Highway named above, and (2) over alternate soap), in bulk, in tank vehicles, from 42 (formerly Wisconsin Highway 32), (e) routes, (a) between junction Wisconsin Milwaukee, Wis., to points in Indiana; between Potter, Wis., and the junction Highway 42 and U. S. Highway J.51, and and (4) Petroleum products, sea animal of Wisconsin Highways 57 and 114, over junction Wisconsin Highway 57 and U. S. oil products, animal road-building and Wisconsin Highway 114, (f) between Highway 151, over U. S. Highway 151, (b) sprinkling compounds, in bulk, in tank Sheboygan, Wis., and Kohler, Wis., over between Askeaton, Wis., and junction vehicles, from Reading, Ohio to points Wisconsin Highway 23, (g) between Mil­ U. S. Highway 10 and Calumet County in Indiana, Michigan, Illinois, Kentucky, waukee, Wis., and Racine, Wis., over Highway W, over Brown and Calumet Pennsylvania, New York, and New Jer­ Wisconsin Highway 32 (formerly Wis­ Counties Highway W, (c) between Ra­ sey. Applicant is authorized to conduct consin Highway 42), (h) between junc­ cine, Wis., and Milwaukee, Wis., over operations in Illinois, Indiana, Kentucky, tion Wisconsin Highways 57 and 144, and Wisconsin Highway 38, (d) between Michigan, Missouri, Ohio, Pennsylvania, Random Lake, Wis., over Wisconsin junction U. S. Highway 41, and Wiscon­ and Wisconsin. Highway 144, (i) between junction Wis­ sin Highway 100, and Milwaukee, Wis., No. MC 103993 Sub 54, filed July 1, consin Highways 57 and 84, and Fre- over U. S. Highway 41, (e) between junc­ 1955, (amended) published on page 5214, donia, Wis., over Wisconsin Highway 84, tion Wisconsin Highways 38 and 100, and issue of July 20, 1955, MORGAN DRIVE- (j) between Elkhart Lake, Wis., and junction Wisconsin Highways 100 and 57, AWAY, INC., 509 Equity Building, Elk­ Howards Grove, Wis., over Sheboygan over Wisconsin Highway 100, (f) between hart, Ind. Applicant’s attorney: John E. County Highway A, serving the interme­ Manitowoc, Wis., and Green Bay, Wis., Lesow, 632 Illinois Building, 17 W. Mar­ diate point of Franklin, Wis., and the over U. S. Highway 141, (g) between Kiel, ket Street, Indianapolis 4, Ind. For au­ off-route point of Johnsonville, Wis., (k) Wis., and Reedsyille, Wis., over Wiscon­ thority to operate as a common carrier, between junction Sheboygan County sin Highway 32, (h) between Two Rivers, over irregular routes, transporting: Highway A and Wisconsin Highway 57, Wis., and junction Wisconsin Highway Trailers, designed to be drawn by passen­ and Adell, Wis., over Sheboygan County 147 and U. S. Highway 141 near Coopers- ger automobiles, in initial movements, by Highway A, (1) between Millersville, town, Wis., over Wisconsin Highway 147, truckaway method, from the site of the Wis., and junction Sheboygan County (i) between junction U. S. Highways 141 Holiday Trailers iMfg., Inc., located ap­ Highway JJ and Wisconsin Highway 32, and 10 near Manitowoc, Wis., and Reeds- proximately 8 miles south of El Reno, over Sheboygan County Highway JJ, (m) ville, Wis., over U. S. Highway 10, (j) Okla., to all points in the United States, between junction Sheboygan County between Greenleaf, Wis., and junction and damaged shipments of the com­ Highway C and Wisconsin Highway 23, Wisconsin Highways 32 and 96, over Wis­ modity specified in this application on and junction Sheboygan County High­ consin Highway 96, (k) between junction return. Applicant is authorized to con­ way C and Wisconsin Highway 57, over Wisconsin Highways 42 and 149, and duct operations throughout the United Sheboygan County Highway C, serving junction Wisconsin Highways 57 and 149, States. the intermediate or off-route (whichever over Wisconsin Highway 149, and (1) be­ No. MC 108298 Sub 20, filed November is applicable) points of Crystal Lake, and tween junction Brown County Highway 4, 1955, ELLIS TRUCKING CO., INC., Glenbeulah, Wis., (n) between junction G and Wisconsin Highway 32, and junc­ 430 Kentucky Avenue, Indianapolis, Ind. Sheboygan County Highway P and Wis­ tion Brow.n County Highway G and Applicant’s attorney: Harry E. Yockey, consin Highway 23, and Elkhart Lake, Wisconsin Highway 96, over Brown Morris Plan Bldg., Suite 806, 108 East Wis., over Sheboygan County Highway County Highway G; serving no interme­ Washington Street, Indianapolis 4, Ind. P, serving the intermediate or off-route diate points, for operating convenience For authority to operate as a common (whichever is applicable) points of Crys­ only, in connection with operations over carrier, transporting: General commodi­ tal Lake, and Glenbeulah, Wis. (o) be­ regular routes as described under (1) ties, except those of unusual value, live­ tween junction Sheboygan County High­ above. Applicant is authorized to con­ stock, Class A and B explosives, house­ way J and Wisconsin Highway 57, and duct operations in Illinois, Indiana, hold goods as defined by the Commission, junction Sheboygan, County Highways J Michigan, and Wisconsin. commodities in bulk and those requiring and C, over Sheboygan County Highway No te: This application and the pending special equipment, between Vincennes, J, (p) between Askeaton, Wis., and junc­ application in Docket No. MC-F-6108, pub­ Ind., and Versailles, Ind., over U. S. High­ tion Brown County Highway Z and Wis­ lished on page 8064 under Section 5 applica­ way 50, serving no intermediate points, consin Highway 57, over Brown County tions in issue o f O ctober 26, 1955, are directly as an alternate or connecting route for Highway Z, (q) between New Holstein, related to e)ach other. J operating convenience only, in connec­ Wis., and junction C, Calumet County No. MC 110212 Sub 8, filed October 18, tion with regular route operations be­ Highways H and G, over Calumet County 1955, MICHAEL KALNASH, 526 Arling­ tween Memphis, Tenn., and Cincinnati, Highway H, serving the intermediate or Ohio, through combination o f' routes ton Street, Tamaqua, Fa. Applicant’s off-route (whichever is applicable) point attorney: William J. Wilcox, Suite 619 between (a) Memphis, Tenn., and In­ of Charlesburg, Wis., (r) between junp- dianapolis, Ind., and (b) Indianapolis, Commonwealth Building, Allentown, Pa. tion Calumet County Highways G and For authority to operate as a common Ind., and Cincinnati, Ohio. Applicant is H, and Chilton, Wis., over Calumet authorized to conduct operations in carrier, over irregular routes, transport­ County Highway G, serving the interme­ ing: Coal, from points in Lackawanna, Illinois, Indiana, Kentucky, Michigan, diate or off-route (whicheyer is appli­ Ohio, and Tennessee. Luzerne, Schuylkill and Carbon Coun­ cable) priint of Charlesburg, Wis., (s) ties, Pa., to New Hartford, Conn., and No. MC 108859 Sub 24 (amended), filed between Charlesburg, Wis., and junction points in New Haven County, Conn. October 13, 1955, CLAIRMONT TRANS­ Calumet County Highway G and an un­ Applicant is authorized to conduct op­ FER CO., a corporation, 1803-7th Ave., named road, over said unnamed road, (t) erations in Pennsylvania, Connecticut South, Escanabaj Mich. Applicant’s at­ between juriction Wisconsin Highways and New York. • torney: Glenn W. Stephens, 121 West 32 and 96, and junction Brown County No. MC 110264 Sub 10, filed November Doty St., Madison 3, Wis. For authority Highway G and Wisconsin Highway 96, 4, 1955, ALBUQUERQUE PHOENIX to operate as a common carrier, trans­ over Wisconsin Highway 96, serving the EXPRESS, INC., 504 Veranda Road, porting: General commodities, except intermediate or off-route (whichever is N. W., P. O. Box 404, Albuquerque, those of unusual value, Class A and B applicable) point of Lark, Wis., (u) be­ N. Mex. For authority to operate as a explosives, household goods as defined by tween Racine, Wis., and Sturtevant, Wis., common carrier, over regular and irreg­ the Commission, commodities in bulk, over Wisconsin Highway 11, serving the ular routes, transporting: Class A and B and those requiring special equipment, intermediate or off-route (whichever is explosives, (A) REGULAR ROUTES: Wednesday, November 16, 1955 FEDERAL REGISTER 8511 (1) Between Carrizozo, N. Mex., and water, in bulk, in tank vehicles, from No. MC 113993 Sub 5, filed July 29, Socorro, N. Mex., from Carrizozo over points in North Carolina, South Caro­ 1955, JOSEPH SOLIS, JR., doing busi­ U. S. Highway 380 to San Antonio, lina, Georgia, and New Jersey, to Chatta­ ness as SOLIS TRUCKING, 6805 N. Mex., thence over U. S. Highway 85 nooga, Tenn., and (2) empty containers Vermejo Drive, N. W., Albuquerque, N. to Socorro, and return over the same or other such incidental facilities (not Mex. Applicant’s attorney: Harold D. route, and (2) between Carrizozo, specified) used in transporting the Waggoner, Simms Building, P. O. Box N. Mex., and Roswell, N. Mex., from Car­ above-specified commodities, from Chat­ 103S, Albuquerque, N. Mex. For author­ rizozo over U. S. Highway 380 to Roswell, tanooga, Tenn., to points in the above- ity to operate as. a common carrier, over arid return over the same route. Serv­ specified origin territory. Applicant does irregular routes, transporting: Lumber, ing all intermediate points, and the off - not presently hold any authority from betweeri points in New Mexico, Arizona, route points of Nogal, Port Stanton, and this Commission to transport the com­ Utah, Colorado, Kansas, Oklahoma, and mines not on Federal or State highways modities named in this application. Texas. Applicant is authorized to con­ in Lincoln County, N. Mex., on the No. MC 111472 Sub 33, filed November duct operations in Arizona, Colorado, above-specified routes. (B) IRREGU­ 3, 1955, DIAMOND TRANSPORTATION and New Mexico. LAR ROUTES: Between mines not on SYSTEM, INC., 1919 Hamilton, Racine, No. MC 114163, filed April 27, 1953, Federal or State highways in Lincoln Wis. Applicant’s attorney: Glenn W. amended September 3,1953, and Novem­ County, N. Mex., and Carrizozo and Stephens, 121 West Doty Street, Madison ber 2, 1953, (reopened for further hear« Capitan, N. Mex. Applicant is author­ 3, Wis. For authority to operate as a ing) , BOAT TRUCKING _ & WARE­ ized to conduct regular route operations contract carrier, over irregular routes, HOUSE C©., INC., 52 Rockywood Road, in Arizona and New Mexico. transporting: Agricultural machinery, Manhasset, Long Island, N. Y. Appli­ No. MC 110451 Sub 4, filed October implements and parts, as defined by the cant’s attorney: J. Almyk Lieberman, 27, 1955, MIDLAND TRANSFER, INC., Commission, from Rockford, 111. to all 1776 Broadway, New York 19, N. Y. For 2440 Nqrth Arona, St. Paul 8, Minn. points in the United States. Applicant authoriy to operate as common carrier, Applicant’s representative: A. R. Fowler, is authorized to conduct operations in over irregular routes, transporting: 2288 University Avenue, St. Paul 14, all states with the exception of Wash­ Boats, between (1) Old Town, Maine, Minn, For authority to operate as a ington, Oregon, California, Idaho, Ne­ on the one hand, and, on the other, contract carrier, over irregular routes, vada, Arizona, Utah, Montana, Wyoming, points in New Hampshire, Massachusetts, transporting: Explosives and blasting New Mexico, Massachusetts, Florida, Rhode Island, Connecticut, New York, supplies, from Crosby, Hibbing, and Vir­ North Carolina, South Carolina, and the New Jersey, Pennsylvania, Delaware, ginia, Minn., to Ishpcming, Mich., and District of Columbia. Maryland, and Ohio; (2) Sandusky, points within ten (10) miles of Ishpem- No. MC 112520 Sub 6 (amended) i filed Ohio, on the one hand, and, on the other, ing. Applicant is authorized to conduct September 19, 1955, published on page points in Pennsylvania, New Jersey, New operations in Michigan, Minnesota, 7407, issue of October 5, 1955, SOUTH York, Connecticut, Massachusetts, Rhode North Dakota, South Dakota, and Wis­ STATE OIL CO., New Quincy Road, P. O. Island, New Hampshire, Maine, Dela­ consin. Box 161, Tallahassee, Fla. Applicant’s ware, and Maryland; (3) Freeport, N. Y., attorney: Dan R. Schwartz, Suite 716, No te: Applicant has irregular route opera­ on the one hand, and, on the other, tions to transport the above-described com­ Professional . Building, Jacksonville 2, points in Maine, New Hampshire, Mas­ modities from Ishpeming, Mich., and points Fla. For authority to operate as a com­ sachusetts, Rhode Island, Connecticut, in Michigan within ten miles of Ishpeming, mon carrier, over irregular routes, trans­ New York, New Jersey, Pennsylvania, to points in Minnesota, North Dakota, and porting: anhydrous ammonia, in bulk, Delaware, Maryland, and Ohio; (4) South Dakota, and those in that part of in tank vehicles, from points in Santa points in New York and New Jersey, on Wisconsin located north and west of and Rosa, Gadsden and Jackson Counties, the one hand, and, on the other, points including those in Pepin, Eau Claire, Clark, Fla., to points in Alabama and Georgia. Marathon, Langlade and Forest Counties, in Maine, New Hampshire, Massachus­ Wis. No. MC 11261.7 Sub 16, filed October etts, Rhode Island, Connecticut, New 31, 1955, LIQUID TRANSPORTERS, York, New Jersey, Pennsylvania, Dela­ No. MC 110698 Sub 62, (amended) INC., P. O. Box 35, Cherokee Station, ware, Maryland, and Ohio. published on page 8061 issue of October Louisville 5, Ky. For authority to oper­ No. MC 115268 Sub 1, filed October 5, 26, 1955, filed October 11, 1955, MILLER ate as a common carrier, over irregular 1955, G. LEWIS CLEMMER AND C. P. MOTOR LINE OF NORTH CAROLINA, routes, transporting: Petroleum and COFFMAN, doing business as DAYTON INC., J. ARCHIE CANNON, Trustee, petroleum products in bulk, in tank vehi­ TRANSPORT COMPANY, P. O. Box 35, P. O. Box 457, Winston .Road, Greens­ cles, from points in Jefferson County, Dayton, Va. Applicant’s attorney: R. boro, N. C. Applicant’s attorney: Frank Ky., and Clark and Floyd Counties, Ind., Roy Rush, 511 Boxley Building, Roanoke, B. Hand, Jr., Transportation Bldg., to points in Tennessee. Applicant is au­ Va. For authority to operate as a com­ Washington, D_ C. For authority to op­ thorized to conduct operations in Ken­ mon carrier, over irregular routes, trans­ erate as a common carrier, over irregular tucky, West Virginia, Ohio, Pennsyl­ porting: Iron articles and steel articles, routes, transporting: Liquid acids and vania, Indiana, Illinois, Tennessee, such as angles, bars, bases, beams, chemicals, liquid glue, formaldehyde, Michigan, Maryland, ^Virginia, North bridge, channels, forms—structurals, and synthetic resins, in bulk, in tank ve­ Carolina, South Carolina, Georgia, Ala­ joists, piling, pipe—cast iron, plates— hicles, and glue catalyst, in containers bama, Mississippi, Missouri and Wis­ structurals, rivets, rods, sheets, slabs, with shipments of liquid glue, from consin. , wire rope, and pipe—plate and sheet, Jacksonville, Fla., to points in Georgia, No. MC 113968 Sub 1, filed November from Roanoke, Va., to points in West North Carolina, South Carolina, Ala­ 1, 1955, and amended November 4, Virginia on and south of U. S. Highway bama and Tennessee and empty contain­ GRANDVIEW TRUCKING CORP., 911 33, points in Tennessee on, east and ers or other such incidental facilities Stone Ave., Brooklyn, N. Y. Applicant’s north of U. S. Highway 25-W, and those used in transporting the commodities attorney: Morris Honig, 150 Broadway, in North Carolina on and west of U. S. specified on return. Applicant is au­ New York 38, N. Y. For authority to Highway 15. thorized to conduct irregular route oper­ operate as a common carrier, over irreg­ No. MC 115285 Sub 2, filed November ations in North Carolina, South Caro- ular routes, transporting: Furniture, 4, 1955, SAMUEL L. GASCHO and JOHN 1 i n a, Georgia, Tennessee, Virginia; radios, TV receiving sets, talking ma­ D. GASCHO, doing business as S. L. Alabama, Florida, Louisiana and Mis­ chines, combination radio-TV-talking GASCHO & SON, 142 New Street, sissippi. machines, refrigerators, washing ma­ Burlington, Ontario, Canada. Appli­ No. MC 110940 Sub 10, filed November chines, stoves, ironers, dryers, disposal cant’s attorney: Rex Eames, 2606 2, 1955, ROBINS TRANSFER COM­ units and sinks, from New York, Guardian Building, Detroit 26, Mich. PANY, INC., P. O. Box 36 Powderly Sta­ N. Y., to points in New Jersey, points in For authority to operate as a common tion, Birmingham, Ala. Applicant’s Connecticut on and west of Connecticut carrier, over irregular routes, trans­ attorney: Bennett T. Waites, 531-34 Highway 32, and points in Nassau, Suf­ porting: Rock Salt, in bags, and in bulk, Frank Nelson Building, Birmingham 3, folk, Westchester, Putnam, Dutchess, in special equipment, from the Interna­ Ala. For authority to operate as a com­ Columbia, Rensselaer, Albany, Greene, tional Boundary line between the United mon carrier, over irregular routes, trans­ Ulster, Orange, Rockland, Sullivan and States and Canada at or near Detroit, porting: (1) Fish oils, and fish pressed Delaware Counties, N. Y. Mich., to points in Michigan. 8512 NOTICES

No. MC 115325 Sub 1, filed November No. MC 115658, filed November 1,1955, tween points in Nebraska, Kansas, Colo­ 2, 1955, KELLY & WILMORE CO., INC., MARINE MOTOR TRANSPORT, INC., rado, Missouri and South Dakota, and 1035 E. 18th Street, Owensboro, Ky. 814 S. W. 27th Avenue, Miami, Fla. Ap­ (2) between points in Nebraska, Kansas, Applicant’s attorney: Robert D. Symmes, plicant’s attorney: Leo P. Kitchen, Suite Colorado, Missouri and South Dakota, on 1218 Fletcher Trust Building, Indianapo­ 713, Professional Building, Jacksonville the one hand, and, on the other, points lis, Ind. For authority to operate as a 2, Fla. For authority to operate as a in Ohio, Illinois, West Virginia, and contract carrier, over irregular routes, common carrier, over irregular routes, Arkansas. transporting: Telephone poles, from transporting: Boats (all sizes up to a Louisville, Ky., to points in Indiana south capacity of vehicle and weight allowed APPLICATIONS OP MOTOR CARRIERS OP of U. S. Highway 40, and empty con­ by various states), boat parts, including PASSENGERS tainers or other such incidental facilities engines, and racks and frames necessary No. MC 228 Sub 17, filed October 3, (not specified) used in transporting the for the transportation of boats, between 1955 (Amended) , published October 12, commodities specified in this application, points in Florida, Georgia, South Caro­ 1955 on Page 7631, HUDSON TRANSIT on return. lina, Delaware, North Carolina, Virginia, LINES, INC., Franklin Turnpike, Mah- No. MC 115631, filed October 20, 1955, Maryland, Pennsylvania, New Jersey, wah, N. J. Applicant’s attorney: James JOHN PIZANO, doing business as New York, Connecticut, Rhode Island, F. X. O’Brien, 17 Academy Street, New­ EXETER GARAGE, 1169 Wyoming Ave., Massachusetts, Vermont, New Hamp­ ark 2, N. J. For authority to operate as Exeter, Pa. Applicant’s attorney: Mur­ shire, Maine, West Virginia, Ohio, In­ a common carrier, over regular routes, ray Mackson, Second National Bank diana, Illinois, Michigan, Wisconsin, transporting: Passengers and their bag­ Bldg., Wilkes-Barre, Pa. For authority Minnesota, North Dakota, South Dakota, gage, and express, mail, and newspapers, to operate as a common carrier, over Nebraska, Kansas, Iowa, Oklahoma, in the same vehicle with passengers, in irregular routes, tranpsorting: Cinder Missouri, Arkansas, Mississippi, Ala­ seasonal operations during the period blocks, concrete blocks, chimney blocks, bama, Louisiana, Kentucky, Tennessee, extending from June 20 to September 15, and similar cinder and concrete prod­ Texas, and the District of Columbia. both inclusive, of each year, (1.) between ucts, from Exeter, Pa., Wyoming, Pa., No. MC 115659, filed November 3,1955, Barryville, N. Y., and junction U. S. and Frackville, Pa. to Philadelphia and EDMUND A. OBERMEYER, doing busi­ Highways 106 and 6, in Wayne County, Hatboro, Pa., New Brunswick, N. J. and ness as OBERMEYER TRANSFER Pa., from Barryville over New York Belvidere, N. J., Ithaca, Syracuse, Monti- COMPANY, Corner Washington & Grant, Highway 97 to junction U. S. Highway cello, Freeville, Smithtown, Solvay, and Clinton, 111. For authority to operate as 106 in Narrowsburg, N. Y., thence over points on Long Island, N. Y.; empty con­ a common carrier, over irregular routes, U. S. Highway 106 to junction U. S. tainers or other such incidental facilities transporting: Household goods, as de­ Highway 6, in Wayne County, (a point (not specified) used in transporting the fined by the Commission, between points on applicant’s authorized route); (2) commodities specified in this application in DeWitt County, 111., and points in between junction New York Highways on return. Arkansas, Kentucky, Indiana, Missouri, 97 and 52, in the Town of Tusten, N. Y., No. MC 115650, filed October 28, 1955, Iowa and Wisconsin. and junction New York Highway 52 and BUCKLEY’S EGG EXPRESS, INC., No. MC 115660, filed November 3,1955, unnumbered highway leading to Lake South Avenue, Derry, N. H. Applicant’s RICHARD E. JAHNEL, R. F. D. #5, Huntington in the Town of Cochecton, attorney: Philip G. Peters, 45 Market Osage, Iowa. For authority to operate N. Y„ (a point on applicant’s authorized Street, Manchester, N. H. For authority as a common carrier, over irregular route) over New York Highway 52; (3) to operate as a common carrier, over routes, transporting: Commercial fer­ between Barryville, N. Y., and Eldred, irregular routes, transporting: Paper tilizer, from Charles City and Mason N. Y., over New York Highway 55. products, (mostly egg case fillers) , chick City, Iowa to points in Minn., and feed, Note: Applicant states it is authorized to boxes, and egg cases from Philadelphia, from points in Mipn., to points in Worth, serve both Barryville and Eldred, N. Y., by Pa., to Hartford, Conn., Worcester, Mass., Cerro Gardo, Mitchell, Fldyd, Howard au th o rity granted in Certificate No. MC 228; Nashua and Derry, N. H., Portland and and Chickasaw Counties, Iowa on return. and (4) between Yulan, N. Y., and junction Waterville, Me., and empty containers or \ No. MC 115661, filed November 4,1955, New York Highway 97 and unnumbered other such incidental facilities (not spec­ ORVAL MOORE, doing business as highway in the Town of Tusten, N. Y., over ified) used in transporting the com­ ORVAL MOORE TRUCKING CO., Box unnum bered highw ay via Neweiden, N. Y., modities specified in this application on (said unnumbered highway runs to Yulan 305, French Lick, Ind. Applicant’s at­ via Neweiden), and return over the above return. torney: Harry E. Yockey, 108 East Wash­ routes, serving all intermediate points. Ap-* No. MC 115651, filed October 31, 1955, ington Street, Morris Plan Bldg., Suite plicant is authorized to conduct operations KANEY TRANSPORTATION, INC., 1023 806, Indianapolis 4, Ind. For authority in New Jersey, New York, and Pennsylvania. E. Album St., Freeport, 111. Applicant’s to operate as a contract carrier, over ir­ representative: George S. Mullins, 4704 regular routes, transporting: (1) Prod­ No. MC 228 Sub 19, filed November W. Irving Park Road, Chicago 41, 111. ucts manufactured from sandstone, in­ 4, 1955, HUDSON TRANSIT LINES, For authority to operate as a common cluding sandstone veneering; from the INC., Frariklin Turnpike, Mahwah, N. J. carrier, over irregular routes, transport­ site of the sandstone mill of French Lick Applicant’s attorney: James F. X. ing: Liquid foundry core compound, Sandstone Company, Inc., located on O’Brien, 17 Academy St., Newark 2, paints, paint materials, varnish, lacquers, Indiana Highway 450 approximately 8 N. J. For authority to 'operate as a driers, stains, shellacs, fillers, thickeners, miles north of Shoals, Ind., to points in common carrier, over regular routes, thinners, and reducing or removing Michigan, Ohio, Wisconsin, and Illinois; transporting: Passengers and their bag­ compounds, in bulk, in tank vehicles, and (2) empty containers or other such gage, and express and newspapers in the from Rockford, 111. to Quincy, Mass., St. incidental facilities used in transporting same vehicle with passengers, between Louis, Mo., Omaha, Nebr., Minneapolis, the commodities specified, and damaged junction New York Highway 17M (old Minn, and St. Paul, Minn.; points in and returned ^products manufactured New York Highway 17) and new New Indiana on and north of U. S. Highway from sandstone, from points in the above York Highway 17 in Goshen, N. Y., and 40, those in Michigan on and south of specified states to the site of above re­ junction new New York Highway 17 and a line beginning at Lake Michigan and ferred to sandstone mill of French Lick New York Highway 32 in the Town of extending along Michigan Highway 20 to Sandstone Company, Inc. Woodbury, N. Y., from junction New junction Michigan Highway 46, thence No. MG. 115663, filed November 4,1955, York Highway 17M and new New York along Michigan Highway 46 to junction LAURENCE HARBAUGH, N atom a, Highway 17 over new New York High­ U. S. Highway 131, thence along U. S. Kans. Applicant’s attorney: J. Max way 17 to junction with New York High­ Highway 131 to junction Michigan High­ Harding, 901 South Thirteenth Street, way 32, and return over the same route, way 57, thence along Michigan Highway Lincoln, Nebr. For authority to operate serving all intermediate points. Appli­ 57 to junction Michigan Highway 24, as a common carrier, over irregular cant is authorized to conduct operations thence along Michigan Highway 24 to routes, transporting: Race horses and in New York and New Jersey. junction Michigan Highway 90, and equipment used by race horses, stable thence along Michigan Highway 90 to supplies and equipment used in the care APPLICATIONS UNDER SECTION 5 AND Lake Huron; those in Wisconsin on and and exhibition of such horses, mascots, 210a (b) south of U. S. Highway 10; and those in and the personal effects of their attend­ No. MC-F 6045, published in the Au­ Iowa on and east of U. S. Highway 69. ants, trainers, and exhibitors, (1) be­ gust .17, 1955, issue of the F ederal R eg- Wednesday, November 16, 1955 FEDERAL REGISTER 8513

ister on page 5992. Amendment filed sections, over irregular routes, from, to F ourth S ec t io n Applications for R e l ie f November 7, 1955, to show joinder of and between points in Pennsylvania, New MORRILL AKENS, doing business as Jersey, New York, and Maryland; elec­ N ovem ber 10, 1955. AKENS MOVING AND STORAGE, et trical refrigerators, oil burners, washing Protests to the granting of an appli­ al., as applicants in control of vendee. machines, air conditioning equipment, cation must be prepared in accordance No. MC-F 6106, published in the Octo­ radios, electrical equipment and materi­ with Rule 40 of the General Rules of ber 26,1955, issue of the F ederal R egister als and supplies used or useful in connec­ Practice (49 CFR 1.40) and filed within on page 8064. Amendment to Section tion with the above commodities, from 15 days from the date of publication of 210a (b) application filed November 3, certain points in Pennsylvania to certain this notice in the F ederal R egister. 1055, to show substitution of lease agree­ points in New Jersey, Maryland, and LONG-AND-SHORT-HAUL ment in lieu of management and control Delaware; household goods, as defined agreement. Terms of new agreement in­ by the Commission, between Trenton, FSA No. 31291: Cotton Linters—Bir­ clude monthly rental in the amount of N. J., on the one hand, and, on the other, mingham, Ala., to St. Louis, Mo., and East $846.60 and other consideration. New York, N. Y., and Philadelphia, Pa. St. Louis, III. Filed by F. C. Kratzmeir, No. MC-F 6128. Authority sought for Vendee is authorized to operate iri New Agent, for interested rail carriers. Rates control by PRODUCERS TRANSPORT, Jersey, Connecticut, Delaware, Mary­ on cotton linters, in carloads from Bir­ INC., 530 Paw Paw Ave., Benton Harbor, land, Massachusetts, New York, Penn­ mingham, Ala., to St. Louis, Mo., and Mich., and REID TRANSPORTS, LTD., sylvania, Rhode Island, Illinois, Indiana, East St. Louis, 111. 597 Christiana St., Sarnia, Ontario, Can­ Ohio, Virginia, and the District of Co­ Grounds for relief: Circuitous routes ada, of the operating rights and prop­ lumbia. Application has not been filed operating in part west of Mississippi erty of TANK TRUCK TRANSPORT, for temporary authority under Section River. LIMITED, P. O. Box 116, Point Edward, 210a (b). FSA No. 31292: Crushed Stone—Rip- Ontario, Canada, and for acquisition by No. MC-F 6130. Authority sought for plemead, Va., to Montgomery, W. Va. D. E. DAGGITT of Benton Harbor, and purchase by BUCKINGHAM TRANS­ Filed by C. W. Boin, Agent, for interested J. S. REID of Sarnia of control of the PORTATION, INC., Omaha and West rail carriers. Rates on crushed stone, in rights and property through the trans­ Blvd., Rapid City, S. Dak., of a portion carloads from Ripplemead, Va., to Mont­ action. Applicant’s attorney: Jack Good­ of the operating rights and certain prop­ gomery, W. Va. ' man, 39 S. LaSalle St., Chicago 3, 111. erty of MINER CARTER, doing busi­ Grounds for relief: Rates constructed Operating rights sought to be controlled: ness as CARTER TRANSPORT, Bow­ on the basis of a short-line distance Dimethylterephthalate, dry, in bulk, in man, N. Dak., and for acquisition by formula and circuity. tank vehicles, as a common carrier over EARL F. BUCKINGHAM AND HAROLD Tariff: Supplement 160 to Agent R. B. irregular routes, from Burlington, N. J„ D. BUCKINGHAM, both of Rapid City, LeGrande’s I. C. C. No. 253. to the international boundary between of control of the operating rights and FSA No. 31293: Pumice from Berna­ the United States and Canada, through property through the purchase. Appli­ lillo, Domingo and Santa Fe, N. Mex. the port of entry situated at or near cants’ attorney: Marion F. Jones, 526 Filed by F. C. Kratzmeir, Agent, for in­ Cape Vincent, N. Y. PRODUCERS Denham Bldg., Denver 2, Colo. Operat­ terested rail carriers. Rates on pumice TRANSPORT, INC., is authorized to ing rights sought to be transferred: stone, crude or ground, in carloads from operate in Indiana, Michigan, Ohio, Illi­ General commodities, with certain ex­ Bernalillo, Domingo and Santa Fe, nois, Wisconsin, Kentucky, Missouri, ceptions including household goods, as N. Mex. West Virginia, Pennsylvania, Iowa, New a common carrier over a regular route, Grounds for relief: Rates constructed York, and Virginia. REID TRANS­ between Bowman, N. Dak., and Belle on the basis of a short-line distance PORTS, LTD., is authorized to operate in Fourche, S. Dak., serving all intermedi­ formula and circuity. Michigan. Application has not been ate points. Vendee is authorized to op­ Tariff: Supplement 168 to Agent filed for temporary authority under Sec­ erate in Minnesota, South Dakota, Ne­ Kratzmeir’s I. C. C. 3987. tion 210a (b). braska, Iowa, North Dakota, Montana, FSA No. 31294: Commodity Rates— Wyoming, Colorado, California, Wash­ Official Territory to the Southwest. No. MC-F 6129. Authority sought for Filed by F. C. Kratzmeir, Agent, for in­ purchase by LEON F. ZULLO, doing ington, Arizona, Idaho, Oregon, and Wis­ business as PROSPECT TRUCKING consin. Application has not been filed terested rail carriers. Rates on various COMPANY, 2129 Nottingham Way, Tren­ for temporary authority under Section commodities, in carloads from points in 210a (b). official territory to points in the South­ ton, N. J., of the operating rights of MA­ west. RINE FORWARDING, INC., 2129 Not­ No. MC-F 6131. Authority sought for Grounds for relief: Carrier competi­ tingham Way, Trenton, N. J. Applicants’ purchase by C. J. DAVIS, doing business as ST. LOUIS FREIGHT LINES, 1000 tion and circuity. attorney: Jacob Polin, 247 Ellis Road, FSA No. 31295: Chlorine Gas to Louis­ Havertown, Pa. Operating rights sought Michigan. Ave., St. Louis, Mich., of a ville, Ky., and Cincinnati, Ohio. Filed to be transferred: General commodities, portion of the operating rights of CON­ by H. R. Hinsch, Agent, for interested with certain exceptions including house­ TRACT CARRIERS, INC., 2425 Walton rail carriers. Rates on liquid chlorine hold goods, as a common carrier over St., Anderson, Ind. Applicants’ at­ gas, in tank-car loads from points in regular routes, between Trenton, N. J., torney: Robert A. Sullivan, 2606 Maryland, Michigan, New York, Ohio, and New York, N. Y., between Trenton, Guardian Bldg., Detroit 26, Mich. Virginia, and West Virginia to Louis­ N. J., and Burlington, N. J., between Operating rights sought to be trans­ ville, Ky., and Cincinnati, Ohio. Philadelphia, Pa., and Burlington and ferred : Mineral wool (glass wool), plain Grounds for relief: Market competi­ Moorestown, N. J., between Trenton, or saturated, in batts or other than batts, tion, competition with rail carriers and N. J., and Hopewell, N. J., and between with or without paper backing or wrap­ circuity. Trenton, N. J., and Lambertville, NT J., ping, as a contract carrier, over irregular Tariff: Supplement 3 to A. C. & Y. serving certain intermediate and off- routes, from Shelbyville, Ind., to Louis­ tariff I. C. C. No. 466 and others named route points; alternate route between ville, Ky., St. Louis, Mo., and points in in appendix A to the application. Philadelphia, Pa., and Trenton, N. J..;’ Illinois, Ohio, and those in the lower FSA No. 31296: Paper Boxes—Three coal, processed feed, granite, logs, saw­ peninsula of Michigan. Vendee is au­ Rivers, Mich., to Memphis, Tenn. Filed mill machinery, sawmill products, iron thorized to operate in Ohio, Illinois, Indiana, Michigan, Kentucky, Missouri, by H. R. Hinsch, Agent, for interested and steel, structural steel, building ma­ rail carriers. Rates on paper boxes, in terials, exhibits, displays and advertising and Iowa. Application has not been carloads from Three Rivers, Mich., to matter, machinery, fibreboard, electrical filed for temporary authority under Sec­ appliances, waste paper, oil, wax, saw­ tion 210a (b). Memphis, Tenn. Grounds for relief: Carrier competi­ dust, burlap bags, sawmill equipment, By the Commission. lumber, plumbing and heating supplies, tion and circuity. chemicals, theatrical scenery and prop­ [seal] H arold D. M cC o t , FSA No. 31297: Merchandise, Less- erties, agricultural commodities, ferti­ Secretary. Than-Carloads Between Points in Texas. lizer and fertilizer materials, and pre­ [F. R. Doc. 55-9200; Filed, Nov. 15, 1955; Filed by J. F. Brown, Agent, for inter­ fabricated buildings, knocked down, or in 8:48 a. m.] ested rail carriers. Rates on merchan- No. 223- 4 8514 NOTICES dise, in less-than-carloads between Rates on steel or wrought iron pipe, in strap molasses and hydrol, in carloads points in Texas, T-N. M, Ry. points in carloads from Galveston, Houston and from points in Louisiana to points in New Mexico and points in Shreveport, Orange, Texas to points in Michigan and Texas and T-N. M. Ry. points in New La., group. Wisconsin. Mexico. Grounds for relief: Motor truck com­ Grounds for relief: Rates constructed Grounds for relief: Rates constructed petition and circuity. on the basis of a short-line distance on basis of a short-line distance formula, Tariffs: Supplement 5 to Agent formula, grouping, and circuity. grouping and circuity. Brown’s tariff I. C. C. 835; Supplement 4 Tariff: Supplement 108 to Agent to Agent Hughett’s tariff MF-I. C. C. 245. Kratzmeir’s I. C. C. 4139. By the Commission. PSA No. 31298; Steel or Wrought Iron PSA No. 31299: Blackstrap Molasses '[ s e a l ] H arold D. M cC o y , Pipe from Galveston, Houston, and from Louisiana to Texas and New Mexico. Secretary. Orange, Texas. Piled by P. C. Kratz- Piled by P. C. Kratzmeir, Agent, for in­ [F. R. Doc. 55-9199; Piled, Nov. 15, 1955; meir, Agent, for interested rail carriers. terested rail carriers. Rates on black­ 8:48 a. m.]