Federal Register: 21 Fed. Reg. (Feb. 7, 1956). · Japan, regarding the application of con-essions which it had negotiated initially 'with Japan. Accordingly;pursuant to the procedure

FEHE ISTE!KWashington, Tuesday; February 7, 1956

TITLE 3-THE PRESIDENTLETTER OF FEBRUARY 6, 1956

[PURSUANT TO PROCLAMATIOI- CARRYNGOUT PROTOCOL OF TERMS OF ACCESSIONBY JAPAN TO THE GENERAL AGREEM.TON TARns -AND TRADE-]

THE&WHI HOUsE,Washoigtco February 6,1956.

DEAR M .SECRETARY: -Reference is made to my proclamatidn

of July 22, 1955 carrying out the Protocolof Terms of- Accession by Japan to the.General Agreement on Tariffs and Trade.

On-January 16, 1956 Sweden gave tothe Executive Secretaryto the Contract-ing -Parties to the General Agreementthenotification, referred to in paragraph3 of the Protocol for the accession ofJapan, regarding the application of con-

essions which it had negotiated initially'with Japan. Accordingly;pursuant to theprocedure described in Part I (b) (1) ofthe above-mentioned proclamation, Ihereby notify you that items 38, 1409[second], and 1536 [first]-in Part I ofSchedule XX to the said Protocol shall

- not be withheld pursuant to paragraph 4-of the said Protocol on or after-February15,1956. .

Sincerely, -

DwiGiT D. E sENHowERHonorable GEORGE M. HUMPHREY,

Secretary of the Treasury.IF. R. Doc. 56-1003; Filed, Feb. 6, 1956;

11:37 a. m.]

TITLE 7--AGRICULTUREChapter I-Agricultural Marketing

Service (Standards, Inspections,Marketing Practices), Departmentof Agriculture

PART 52-PROCESSED FRuTs AND VEGE-TABLES; PROCESSED PRODUCTS THEREOF,AND CERTAIN OTHER PROCESSED FOODPRODUCTS

SUBPART--UNITED STATES STANDARDS FORGRADES- OF CANNED PUMIPKIN AND CANNEDSQUASH 1

On September 21,1955, a notice of pro-posed rule making was published in the

3 Compliance with these, standards doesnot excuse failure to comply -with the pro-vislons of the Federal Food, Drug, and Cos-metic Act.

FEDERAL RESTER (20 F. R7081) regard-ing a proposed revision of United StatesStandards for grades of Canned Pumpkinand Canned Squash.After consideration of ail relevant

matters presentd; Including the pro-posal set forth in the aforesaid noticethe followingUnited States Standards forGrades of Canned Pumpking and CannedSquash hre hereby promulgated pursantto the authority contained in the.-AgrL-cultural Marketing Act of 1946. (60 Stat.108 ef seq., as amended; ' U. S. C. 1621et seq.)

Sec.52.27452274

1 Product description.62 Grades of canned pumpkin and

canned squash.

YFL OF CONTM2.N=

52.2743 Reconmended 1111 of container.

52.2744'52.2745'

52.274652.274752.274852.2749

FACTOUS or QUALTry

Ascertaining the grade.Ascertalning the rating for

factors which are scored.Color.Consistency.Finish.Defects.

LOT CEIFICATION TOLERDARM

52.2750 Tolerances for certification of offi-cdally drawn samples.

SCOEz

52.2751 Score sheet for canned pumpkinand canned squash.

Aumonr r: H152.2741 to 52.2751 Iruedunder sec. 205, 60 Stat. 1090. as amended;7U. S. C. 1624.

PRODUCT DESCIPnON AIM GRADES

§52.2741 Product description."Canned pumpkin" and"canned squash"is the canned product prepared fromclean, sound, properly matured, goldenfleshed, firm shelled, sweet varieties of

--either pumpkins or squashes by wash-ing, stemming, cutting, steaming andreducing to a pulp. The product Isproperly sieved and flinshed In accord-ance with good commercial practice andis then sufficiently processed by heat toassure preservation of the product inhermetically sealed containers.- § 52.2742 Grades of canned pumpkfnand canned squash. (a) "U. S. GradeA" or "U. S. Fancy" Is the quality ofcanned pumpkin or canned squash that

(Continued on next page)

CONTENTSTHE PRESIDENT

"LetterPursuant to Proclamation carry-

ing out protocol of terms -ofaccession-by Japan to the Gen-eral Agreement on Tariffs andTrade_----

EXECUTIVE AGENCIESAgricultural Marketing ,ServiceRules and regulations:

Canned- pumpkin -and cannedsquash; U. S. standards forgrades - ---....

Tomatoes; Import restrictions_Agriculture DepartmentSee Agricultural Marketing Serv-

Ice.Civil Aeronautics Administra-

tionRules ad regulations:

Standafd instrument approachprocedures; alterations.- _

Commerce Department.See Civil Aeronautics Adnibistra-

tion; Federal Maitime Boad&Customs BureauProposed rule making:

Invoicing of watches and watchmovements-------

Defense DepartmentRules and regulations:

Load limitations for transpor-tation of groups of militarypersonnel In commercial air-craft-

Federal Maritime Board -Notices:

Pacific Coast European Con-ference; agreement filed withBoard for approval-----

,Federal Power CommissionNotices:

Heirings, etc.:Altem Corp --------Atlantic Refining7 Co. and

Tide Water Associated Oil

Chicago Corp. and Gulf PlainsCorp

Fair. Ralph E, add Ralph ZFar, in.u

Gilring Oil Co___Glassell, Alfred C, Jr-_--Humble Oil & Refining Co___

829

Page

829

829832

831

840

839

843

849

850

845

851852846853

FElEHAI JBEGISTEB

Published daily, except Sundays, Mondays.and days follo*ing official Federal holidays,by the Federal Register Division, NationalArchives and Records Service, General Serv-ices Administration, pursuant to the au-thority contained in the Federal Register Act,approved July 26, 1935 (49 Stat. 500, asamended; 44 U. S. C., ch. 8B), under-regula-tions prescribed by the Administrative Com-mittee of the Federal Register, approved bythe President. Distribution is made only bythe Superintendent of Documents, Govern-ment Printing OMce, Washington 25, D. C.

The FEDERAL REGisTEr will be furnished bymail to subscribers, free of postage, for $1.50per month or $15.00 per year, payable inadvance. The 'charge for individual copies(minimum 15 cents) varies in proporti6n tothe size of the Issue. Remit check or moneyorder, made payable to the Superintendentof Documents, directly to the GovernmentPrinting Ofice, Washington 25, D. C

The regulatory material appearing hOreinis keyed to the CoDE oF FEDERAL, REGULATIONS,which is published, -under 50 titles,.pursuantto section 11 of the Federal Register Act, asamended August 5, 1953. The CODE OF FED-_RAL REGULATIONS is sold by the Superin-

tendent of Documents. Prices of books andpocket supplements vary.

There are no restrictions on the re-publication- of material appearing in theFEDERAL REGISTER, or the CODE Or FEDERALREGULATIONS.

CONTENTS-Continued

Federal Power Commission- PageContinued

Notices-ContinuedHearings,- etc.-Continuel

,Lyman, C. V ------------- 854Nueces Co ----------------- 855Ohio Fuel " Co ......... 844Shell Oil Co ----------.. 843Sinclair Oil & Gas Co -------- 856Stanolind Oil and Gas Co

and Continental Oil Co.... 847Town of Friars Point, Miss.,

et al----------------- 844Western Natural Gas Co .... 848

Food and Drug AdministrationProposed rule making:

Cheese, cottage, partiallycreamed; postponement ofhearing ------------------- 841

Rules and regulations:Penicillin and pemcillin-con-

taining drugs; certification,tests and methods of assay-benzathine penicillin G )instreptomycim (or dihydro-streptomycin) sulfate solu-tion -------------------- 839

Health, Education, and WelfareDepartment

See Food and Drug Administra-tion.

Immigration and- Naturaliza-tion Service -

Rules and regulations:Miscellaneous -amendments to

chapter -------- --- 832

RULES AND REGULATIONS

CONTENTS--Continued

Interior 'DepartmentSed Land Management Bureau.Interstate Commerce Commis,-

sionNotices:,

Fourth section applications forrelief.....................

Proposed rule-makmg:Carriers by motor vehicles; parts

and accessories mecessary forsafe operation; qualificationsand maximum hours of serviceof employeesqf -motor car-riers and safety of operation,and equipment; &xtensionof filing date ...............

Transportation of, householdgoods in interstate or foreigncommerce; practices of mo-tor -carriers of -householdgoods., ----------------

Justice DepartmentSee.Immigration and Naturaliza-

tion Service.Land Management BureauNotices:

Montana; proposed withdrawaland reservation of lands -----

Securities -and Exchange Com-mission /

Notices:Applications for unlisted trad-

/ ing privileges, and of oppor-tunities for hearings:

Minute Maid CorpMonsanto.Chemical Co --- L.-

Tariff CommissionNotices:

Groundfish fillets; etc., an-nouncement of'public hear-

Treasury 'DepartmentSee also Customs Bureau._Rules and regulations:'

Practice of attorneys and agentsbefore Treasury Department;mterpretation__ ...........

CODIFICATION GUIDEA numerical list of the parts of the

of Federal Regulations affected by docurpublished in this issue. Proposed ruliopposed to final actions, are identL1such.

Title 3ChapterI' (Proclamations)

3105 '(see Letter, Feb. 6, 1956).__Chapter TMI (Presidential docu-

ments other than proclama-tions and Executive orders)

Ltter, Feb. 6, 1956 ------------Title 7Chapter I:

Part 52 --................Chapter IX.Part 1065 --------------------

Title 8Chapter I:)

Part 211 ---------Part 212 ----- _ ......---------..Part 223__--- ---Part334a ....

CODIFICATION GUIDE-Con.Page Title 8-Continued Page

Chapter I-ContinuedPart 335b -------------------- 833Part499 --------------------- 833

Title 14Chapter I.

858 Part 609 --------------------- 834Title 19Chapter I.

Part'8 (proposed) ------------ 840Title 21Chapter r:

Part 19 (proposed) ----------- 841'Part 141a .......---------------- 839

843 Part 146a --------..... ---- 839Title 31Subtitle A.

Part 10 --------------------- 833Title 32

841 Chapter I:Part 40 ---------------------- 839

Title 49Chapter I:

Part 176 (proposed) ----------- 841Part 193 (propdsed) ----------- 843

843,4 possesses a good color' that possesses agood consistency; that possesses a goodflnish; that Is practically free from do-"fects; that possesses a normal flavor;and scores not less than 85 points Whenscored in accordance with the scoring

"system outlined in this subpart.857 (b) "'U. S. Grade-C" or "U. S. Stand-857 ard" is the quality of canned pumpkin or

canned squash that possesses a fairlygood color' that possesses 'a fairly goodconsistency* that possesses'a fairly goodfinish; that is fairly free from defects;that possesses a normal flavor; and858 scores not less than 70 points whenscored in accordance with the scoringsystem outlined In this subpart.

(c) "Substandard" Is the quality ofcanned pumpkin or canned squash thatfails to meet the requirements of U. S,

833 Grade C or U. S. Standaid.FILL OF CONTAINER

§ 52.2743 Recommended fll of con-Code tamer The recommended fill of con-nents tainer Is not incorporated In the gradesDs, as of the finished product since fill of con-d as tainer, as such, Is not a factor of quality

for the purpose of these grades. It isPage recommended that each container be

filled as full as practicable with pumpkinor squash and that the product occupy

829 not less than 90 percent of the volume ofthe container. )

FACTORS OF QUALITY829 § 52.2744 Ascertaining the grade. (a)

General: In addition to consideringother requirements outlined In the

829 standards the following quality factorsare evaluated:

832 (1) Factor which is i-ot scored. (1)Flavor.

(2) Factors which are "scored. Therelative importance of each factor which

832 is scored is expressed numerically on the832 scale of 100. The maximum number of832 points that may be given such factors833 areL

Tuesday, February 7, 1956

Factors: PointsGolor___ .20Consistency -30

- --------------- 20Defecs ...... 30

Total score -----.......---------- 100

(b) The prddudt is scored for qualityat a temperatire of approximately 68degrees Fahrenheit.

(c) "Normal flavor" means that theproduct is free from objectionableflavorsor objectionable odors of any kind.

§ 52.2745 7Ascertaining the rating forthe factors which are cored. The es-sential variations within each factorwhich is scored are so described that thevalue may be ascertained for each factorand expressed numerically. The numer-ical range within each factor which isscored is inclusive. (For example, "-25to 30 points" meais 25, 26, 27, 28, 29 or30 points.)

§ 52.2746, Color-(a) (A) classifica-tion. -Canned pumpkin or canned squashthat possesses a good color may be givena score of 18 to 20 points. "Good color"means that fhe product possesses a prac- -tically- uniform bright color typical ofcanned pumpkin or canned squash* pre-pared~from well matured pumpkin orsquash.

(b) (C) classiftcation. If the cannedpumpkin or canned squash possesses afairly good color, a score of 14 to 17points may be given. Canned pumpkinor canned squash that falls into thisclassification'shall not be graded aboveU. S. Grade C or U. S. Standard regard-less of the total score for the product-(this is a liniting rule). 'Fairly goodcolor"means that the product possessesa color typical, of fairly well maturedpumpkin or squash- and may possess aslight tinge of gray or tan color, may bevariable or slightly dull but not to theextent that the appearance or eatingquality is materially affected.

(c) CSStd.) classiftcation. Cannedpumpkin or canned squash that fails tomeet the requirements of paragraph (b)of this section may be given a score of 0to 13 points and shall not be graded aboveSubstandard regardless of the total scorefor the product, (this is a limiting rule).

§ 52.2747. Consistency-a) (A) classi-fication. . Canned- pumpkin- or cannedsquash that possesses a good consistencymay" be given a score of 25 to 30 points."Good consistency" 'means that thecanned pumpkin or canned squash, after-emptying fromthe container to a dry-flatsurface, retains the approximate shape ofthe container, or holds a high moundformation, and at the end of two minutesafter.emptying on such surface the high-'est point of the mound is not less than60 percent of the height of the container,except with respect to No. 3 size can orlarger the highest point of the mound isnot less than 50 percent of the height ofthe container, and irrespective of cansize not more than 10-cubic centimetersof free liquor separates 'for each 30ounces of net contents.- (b) (C) classification. If the canned

pumpkin or canned squash possesses afairly good consistency, a score of 21 to24 points may be given. Canned pump-

FEDERAL REGISTER

kin or canned squash that falls into thisclassification shall not be graded aboveU.'S. Grade C or U,.S. Standard regard-less of the total score for the product,(this is a limiting rule). "Fairly goodconsistency" means that the cannedpumpkin or canned squash, after empty-ing from the container to a dry-flatsurface, may flow just enough to level ofito a nearly uniform depth or may bbmoderately mounded and at the end oftwo minutes after emptying on suchsurface that not more than 30, cubiccentimeters of free liquor separates foreach 30 ounces of net contents.

(c) CSStd.) classification. Cannedpumpkin or canned squash that falls tomeet the requirements of paragraph (b)of -this section may be given a score of0 to 20 points and shall not be gradedabove Substandard regardless of thetotal score for the product, (this is alimiting rule).

§ 52.2748 Finish-Ca) General. Thefactor of finish refers to the texture ofthe product and evenness of the pumpkinor squash particles.

b) (A) classification. Cann'edpump-kin or canned quash that possesses agood finish may be given a score of 17 to20 points. "Good finish" means that thecanned pumpkin or canned squash par-ticles are evenly divided; that the prod-uct is fine grained, smooth but not pasty,and the pumpkin or squash particles arenot hard.

(c) (C) classification. Canned pump-kin or canned squash that possesses afairly good finish may be given a scoreof 14 to 16 points. "Fairly good finish"means that the canned pumpkin orcanned squash particles are evenly dl-,vided; that the product may be slightlycoarse; may hae slightly pasty but notdecidedly pasty and the pumpkin orsquash particles are not hard.

(d) (SStd.) classification. Cannedpumpkin or canned squash thatfails to.meet the requirements of paragraph Cc)6f this section may be given a score of 0to 13 points and shall not be graded aboveSubstandard regardless of the total scorefor the product, (this Is a limiting rule).

f 52.2749 Defcts-(a) General. Thefactor of defects refers to the degree'offreedom from sand, grit, or silt, pieces ofteed, fiber, and coarse, dark or off-coloredparticles. .

(1) "Grit, sand, or silt" means anyparticle of earthy material.'

b) -LA) classiflcation. Canned pump-kin or canned squasl\ that Is prac-tically free from -defects may be given ascore of 25 to 30 points. "Practically freefrom defects" meanso that no grit, sand,or silt may be present that affects theappearance or eating quality of thecanned pumpkin or canned squasb. andthat the number, size, or color of theaforesaid defects present, individually orcollectively, do not more than slightlyaffect the appearance or eating quality ofthe product.

c) (C) classification. Canned pump-kin or canned squash that is fairly freefrom defects may be given a score of 21to 24 points. Canned pumpkin orcanned squash that falls into this classi-Mcation shall not be graded above U. S.

Grade C or U. S. Standard regardless ofthe total score for the product, (this is alimiting rule) - "Fairly free fron de-fects" means a trace of grit, sand, or siltmay be present that does not materiaily

* affect the appearance or eating qualityof the canned pumpkin or canned squash,and that any of the other aforesaid de-fects present, individually or collectively,may be noticeable but are not so large,so numerous, or of such contrasting coloras to seriously affect the appearance oreating quality of the product.

d) (SStd.) classifcatiQn. Cannedpumpkiui-or canned squash that fails tomeet the requirements of paragraph (c)of this section may be given a score of0 to 20 points and shall not be gradedabove Substandard regardless of the totalscore for the product, (this Is a limitingrule).

LOT cERxXcTION TOLER&NCES§ 52.2750 Tolerances for cert'fication

of officially drawn samples. (a) Whencertifying samples that have been ofli-clally drawn and which represent aspecific lot of canned pumpkin orcanned squash the grade for such lotwill be determined by averaging thetotal scores of the containers comprisingthe sample, If, (1) all containers com-prising the sample meet all applicablestandards of quality promulgated underthe Federal Food, Drug, and-CosmeticAct and in effect at the time of the-aforesaid certification; apd (2) with re-spect to those factors which are scored:

(1) Not more than one-sixth of thecontainers fails to meet the grade indi-cated by the average of such total scores;

(11) None of the containers falls morethan 4 points below the minimum scorefor the grade indicated by the average of -

-such total scores;(ILl) None of the containers falls more

than one grade below the gradeindicatedby the average of such total scores; and

(0l) The average score of all con-tainers for any factor subject to a limit-ing rule is within the score range ofthat factor for the grade indicated bythe average of the total scores of thecontainers comprising the sample.

SCORE SHE

§52.2751 Score sheet for cannedpumpkcin and canned squash.

Stro and Mad of contWr...."Contaaeir mark or identiftstfr -

Net eight (In ounces]V3cuum (n Indes}).....

Pacen Score pofnis

s Inddcntc lki i i rule.

Averageseeme

832

Effective time and supersedure. TheUnited States Standards for Grades ofCanned Pumpkin and Canned Squash(which is the second issue) contained inthis subpart shall become effective 30days after publication herof ,in theFEDERAL REGISTER, and will thereuponsupersede the United States standardswhich have been in effect since March 15,1934.

-Dated: February 2, 1956.ESEALI ROY W. LENNARTSON,

Deputy Administrator,Marketing Sdrvices. -

[F. R. Doc. 56-957; Filed, Feb. 6, 1956;_8:50 a. m.1

Chapter IX-Agricultural MarketingService (Marketing Agreements End-Orders), Department of Agriculture

Subchapter -P-Prohibition of Imported

Commodities

[Tomato Peg.; Amdt. 1]

PART 1065-ToAToEsIMPORT RESTRICTIONS

Pursuant to the authority vested in meunder section 8e of the Agricultural Mar-keting, Agreement Act of 1937, asamended (48 Stat. 31 as amended; 7U. S. C. 601 et seq.;.68 Stat. 906, 1047),paragraph (b) of § 1065.1 Tomato Regu-lation No. 1 (20 F. R. 9817) is herebyamended to read as follows:

(b) Import restrictions. During theperiod from Feb'rdary. 10, 1956 to May31, 1956, both dates inclusive, and sub-ject to the general regulations (7 CFRPart 1060; 19 F. R. 7707, 8012) applicableto the importation of listed commoditiesand the requirements of thit section, noperson shall import any tomatoes of anyvariety, unless such tomatoes meet therequirements of the U. S. No. 2 or bettergrade, except that "pink" tomatoes ortomatoes having a greater degree of ma-turity, when not conmingled with to-matoes having a degree of maturity lessthan that prescribed for "pink" toma-toes, may be handled when such toma-toes fail, to meet the U. S. No. 2 graderequirements only because of unhealedgrowth cracks. For purposes of this ex-ception, 1l) "pink" tomatoes shall bedeemed to be t6matoes which. are usuallyhard or firm .to feel, which are turningin color, with most of the surface of thefruit ranging from green to yellow, butshowing some pink or yellow at the blos-som end -and, (2) unhealed- growthcracks shall not exceed those permittedin the U. -S. No. 2 grade for well healedgrowth cracks.

Findings. It Is hereby found that it isimpracticable and contrary to the publicinterest to give preliminary notice, en-gage in public rule making procedure,and postpone the effective date a* thisamendment later than February 10, 1956(5 U. S. C. 1001 et seq.), in that- (a) the


requirements established by this importregulation were issued pursuant to sec-tion 8e of the act which makes such reg-ulation mandatory; (b) a similar amend-ment to the grade, size, and* qualityregulations now in effect on domesticshipments of tomatoes pursuant to OrderNo. 45 (7 CFR 945.301; 20 F. R. 8295,8808, 10129) will become effectiv& onVebruary 3, 1956; and (c) this amend-ment relieves rdstrictions on imports oftomatoes.(See. 401, 68 Stat. 906; 7 U. S. C. 608e)

Done at Washington, D. C., this 1stday of February 1956 to become effectiveFebruary 10, 1956.

[sEAL] FLOYD F. IEDLUND,Acting Direet6r,

Fruit and Vegetable Division.

[F. R. Doe. 56-947; Filed, Feb. 6, 1956;8:48 a. m.]

TITLE 8-ALIENS AND-NATIONALITY

Chapter I-Immigration and Natural-ization Service, Department ofJustice.

MIscELLANEO s AmNDMElTS TO CHAPTER

United States under the applicable pro-vlslbns of the immigration laws and regu 7lations. A Resident Allen's Border-Crossing Identification Card may be usedby an: alien who has been lawfully ad-mitted to the United States for perma-nent residence for the purpose of facili-tating determination of his status as areturning legal resident when applyingfor admission at any land or water portof entry or international airport In thecontinental United States or Alaska afteran absence from the United States ofnot more than 6 months, during whichabsence he visted only Canada or Mexico,or both.

PART 212-DocumENTARY REQUIREMENTSFOR NONIMIGRANTS I ADMISSION OF CER-TAIN INADMISSIbLE ALIENS; PAROLESection 212.81 is amended to read as

follows:§ 212.81 Application for permission to

enter the United States temporarily;prior to application for admission at aport of entry. -When a visa is not re-quired, an applicattoi for the exerciseof discretion under section 212 (d) (3)(B) of the act made prior to the alien'sapplication for admission shallbe onForm 1-192 and submitted to the districtdirector having jurisdiction over the in-

The following amendments to Chapter Tendea pe o entry. ii _ne ground oxI of'Title 8 of the Code of Federal Regu- inadmissibility Is within paragraph (9),lations are hereby prescribed: (10), or (28) of section 212 (a) of the

act, the application shall be submittedPART 211-DocuMENTAnY REQUIREMENTS: by the ,district director to the regional

I GRANTS;. W.AIVERS commissioner having jurisdiction over1. Paragraph (b) of § 211.2 Immi- the intended port of entry. When Form

grants not required to 'present visas or 1-192 is not readily available and thepassports is revoked, case- is one of unforseen emergency, a

2. Paragraph (c) of § 211.2 Immi- written application containing all the in-grants not required to present visas or formation required by such form may bepassports is amended to read as follows: made. The applicant shall be notified

of the decision and If the application(c) Aliens of the following-described is denied, of the reasons therefor and

clhsses who have beenlawfully admitted of his right 'to appeal to the Boardfor permanent residence and who are re- within 10 days from the receipt of suchturning after a temporary absence: 0 notification in accordance with Part 0

(1) An alien who is returning to the of this chapter:United States after a temporary absenceof not more -than six months, only in Coss RBErnmRc: For State Departmentgome port or place in North, Central, or procedure when a visa Is required see 22 CFUSouth America, or the places named in 41.150.section 101(b) (5) of the act, and whopresents a Form 1-151 duly issued to him. PART 223-REENTRY PERMITS

(2) An alien who'is returning from atemporary visit abroad and Who presents Section 223.3 Is amended to read asa valid unexpired reentry permit, follows:

(3) An 6lien who departed from the § 223.3 Extensions. An applicationUnited States as a crewman on a vessel for extension of a reentry permit shall b6or aircraft, wblp is 'returning as a pas-, submitted to the office having jurlsdic-senger or crewman, provided his stay tion over the applicant's place of tesi-abroad was solely in pursuit of his call- dence In the United States prior to theng as a crewman, and who presents a expiration of the period of validity of the

Form 1-151 duly issued to him or satis- reentry permit. The application shall befactorily establishes that it has been lost in writing and shall state the applicant'sor destroyed since he last departed from name and address in the United States;the United States. when, where, and the manner In,which

3. Paragraph (b of § 211.11 Resi- he departed from the United States; thedent Alien's Bordbr-Crossing Identifica- port of landing and the date of his ar-tion Card is amended to read as'follows: rival abroad; the countries visited by

(b) Use. The presentation of such him in the order visited; his reasons forcard shall not relieve the' holder from requesting an extension and the periodestablishing his admissibility to the for which the extension Is desired, and

Tuesday,- February 7, 1956

the-address-to which the permit is tcreturned. If the extension applicalis granted, the permit will be notedshow the extension and returned toapplicant; if denied, the applicant sibe notified of the decision, and the Imit returned to him if the remainperiod of its validity permits its usereturn to the. United-States. No aplshall lie from a decision denying anplication for -extension of a reerpermit.-

P&T 334a-DELARATIoN OF INTENTIC

'Section 334a.16 DecZaration of inttion; numbering, indexing, bindingamendea1 by deleting the last sente

- thereof.

PART 335b-PRooF OF QUALIFICATIONSNATuRALizATION: Wn-EssEs; DEP(TIONS -ParagraphL (a). of § 335b.12 Dep

tions; iprocedure is amended to read

FEDERAL. REGISTER

be sions of section 4 of the Administrativeion Procedure Act (60 Stat. 238; 5 U. S. C.to 1003) as to notice of proposed rule mnk-

the Ing and delayed effective date is unneces-ball sary- in this Instance because the rulesper- prescribed by the order, other than thoseLing which relate to interpretative rules,for relate to agency procedure.)eal Dated: February 2, 1956.ap-Ltry J. M. SwING,

Commissioner ofImmigration and Naturallzation.

"[ . n. D~oc. S-955; 'Filed, Feb. G, 1056;8:50 a m.en-

7 s 0nce TITLE 31-MONEY AND

FINANCE: TREASURY

F Subtitle A-Office of the Secretary ofthe Treasury

PART- 10-PRAccE oF ATToRNEYs ANDosi- AGzS BEFORE = ThEAmY-DEPART-!as WENT

1OLLOWb: RULES AND REGULATIONS RELATING TO(a) In the United States. Depositions PRACTICE; INTERPRETATION

may be used to prove compliance with . Treasury Department interpretationthe requirements for naturalization dur- -of § 10.2 of Tre5itry Department Clrcu-ing any period except the _mir_ um lar 230 (31 CFR 10.2).period of State residence. Such depo- For some: months the Treasury De-sitions shall be taken only upon written partment has had under considerationinterrogatories.on Form N--462A. Ex- the revision of Treasury Department Cir-cept as otherwise provided in this section, cular 230 relating to practice before thethey shall be made in the United States Department.before an employee of the Service au- .Congress has given the Treasury De-thorized to administer oaths and. take partment the responsibility of regulatingdepositions under Part 332d of this chap- 'practice before the Department. It Is inter, unless there is a.likelihood- of un- the exercise of this responsibility thatusual delay or hardship, in which case the Department has Issued the rules andthe district director or officer in charge regulations set forth In Circular 230,may authorize such depositions to be taking into consideration, among other-taken before a. postmaster, without things, the need of taxpayemfor tax ad-charge, or before a notary public or other vice and assistance, the number of taxperson authorized to administer oaths returns filed each year, the volume andfor general purposes. In cases inwhich complexity of problems relating thereto,the depositions are taken other than be- the skills and training required for properfore an employee of the Service or a-post- representation of taxpayers' interestsmaster, the petitioner, independently of and the availability of people who canthe Service shall arrange-with the officer provide such service.who will take the depositions to defray The Department believes the standards

- all costs and expenses incident thereto, prescribed in Circular 230 have generallyThe petitioner or his attorney orrepre- operated in a highly satisfactory man-sentative may be present when the de- ner, have made available to taxpayerspositions are-taken. Depositions taken representatives to assist them in present-under this section-shall be-sent to the ing their interests to the Department,officer in charge-having administrative and have facilitated fair and orderly ad-

\,upervision over the territory in which .ministration of the tax laws.the petition is pending and by him for- It Is -the intention of the Departmentwarded to the clerk of the natualization that all persons enrolled to practice be-court prior to the final hearing, for ii- fore It be permltted~to fully representwith the petition. their' clients before the Department, in

wtth n _- the mabner hereinafter Indicated. ThisF is apparent from § 10.2 (b), which statesPART 499--NTIONALITY FO S that the scope of practice. (of agents as

The list of forms in § 499.1 Prescribed well as attorneys) before the Departmentforms is amended by deleting therefrom comprehends "all matters connectedthe form number designation "N-462" with the resentation of a client's inter-and by inserting in lieu thereof the form est to the Treasury Department"% . En-number designation '-462A". rollees, whether agents or attorneys, havebeen satisfactorily fully representing(Sec. 103, 66 Stat. 173; 8 U. S. C. 1103) clients before the Department for many

This order shall become effective on years. The Department believes thisthe date of its publication in the.FEDERAL has been beneficial to the taxpayers andREGISTER.- Compliance- with, the provi- to the Government and that there pres-

enty appears no reason why the presentscope and type of practice should notcontinue as It has in the past.

The Department's attention has beencalled to the decisions of certain Statecourts and to statements which suggestvarying interpretations of § 10.2 (f) ofthe Circular. This subsection makes itclear that an enrolled agent shall havethe same rights, powers, and privilegesand be subject to the same duties as anenrolled attorney, except that an enrolledagent may not prepare and interpretcertain written instruments. The sec-ond proviso of the subsection states thatnothing in the regulations is to be con- -strued as authorizing persons not mem-bers of the bar to practice lavi. The uni-form Interpretation and administrationof this and other sectidns of Circular 230by the Department are essential to theproper discharge of the" above responsi-bility imposed on It by the Congress-

It is not the intention of the Depart-ment that this second proviso should beinterpreted as an election by the Depart-ment not to exercise fully its responsi-bility to determine the proper scope ofpractice by enrolled agents and'attorneysbefore the Department. It should beequally clear that the Department doesnot have the responsibility nor the au-thority to regulate the professional ac-tivities of lawyers and accountants be-yond the scope of their practice beforethe Department as defined in § 10.2 (b)and nothing in Circular 230 is so in-tended.

The Department has properly placedon its enrolled agents and enrolled at-torneys the responsibility of determiningwhen the assistance of a member of theother profession Is required This fol-lows from the provisions in § 10.2 (z)that enrolWl attorneys must observe thecanons of ethics of the American BarAssociation and enrolled agents must ob-serve the -ethical standards of the ac-counting profession. The Departmenthas been gratified to note the extent towhich the two professions over the yearshave made progress toward mutual un-derstanding of the proper sphere of each,as for example in the Joint Statement ofPrinciples Relating to Practice in theField of Federal Income Taxation. -. The question of Treasury practice willbe kept under surveillance so-that if atany time the Department finds that theprofessional responsibilities .of its en-rolled agents and enrolled attorneys arenot being properly carried out or under-stood, or that enrolled agents and attor-neys are not respecting the appropriatefields of each In accordance with thatJoint Statement, It can review the matterto determine whether it is necessary toamend these provisions of the Circularor take other appropriate action.(Se. 3,23 Stat.258; 5U. S.C.261)

Dated: January 30,1956.EsFALl G. M_ HuMP111my,

Secretary of the Treasurr.

IF. R. Doc. 5C-951; Piled, Feb. 6. 1956;8:49 a. m.]


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§ 40.1 (Purpose. It Is the purpose ofthis part to prescribe the policy of theDepartment of Defense with resPlect tothe movement of military passengers that.may be loaded aboard commerciallyoperated aircraft in group travel to:

(a) Prevent the overloading of air-craft,

(b) Prevent "hedge-hopping" flightswith numerous refueling stops whichplaces the loaded aircraft in the criticalzones of take-off and landing excessivetimes, aid(c) Prevent theF necessity of carriers

refusing a part of the load at departuretime due to having ,overbid the capacityof the aircraft.

§ 40.2 Applicabiity. This part coversthe use of commercial aircraft undercharter (CAMS) by the military depart-ments for the movements of passengersin groups within the continental UnitedStates and contiguous countries.

§ 40.3 Load limitations. (a) Allow-ance is made for the fact that different


individual aircraft within the same typemay vary in load capabilities. Therefore,the following load limitations shall be-used is a guide, which are based! on anaverage of 66 pounds of baggage and anaverage persional weight of 160 poundsper man:

WMaximum elgbt of

Type of aircraft Normal - meersofm aPasngers baggage

PoundsDO-3 or C47 ..... 3 22 5,0000-36 .............. 3 40 0 000Convair 240. 3 36 8'100Convair 340_..... 3 40 9,000DC-4orC-54 4 67 15,000D0-6 -------------- 5 so M, 000Constellation. ----- 5 84 19, 0001)0-7 ------------- 5 60 14,000

(b) When airline flight crews, in ad-dition to the normal crew, are to travelon the aircraft offered for military use,they will be properly identified; and themilitary department concerned will be

so advised by the airline representativewhen the quotation Is submitted for themovement. However, the combinednumber of passengers, including theextra crew, will not exceed the limitsestablished in this Part. Under no oir-cumstances will permission be grantedto load any passengers in excess of thetotal number, including extra crewmembers, allowed by Government regu-latory bodies.

(c) In cases when baggage weight ismaterially reduced, the number of pas-sengers nay be increased, not to exceed50% of the difference in weight betweenactual baggage carried and the normaltotal baggage allowance computed at 60pounds per passenger. Additional pas-senger weight will be computed at 160pounds per passenger.

T. P. Pi,Assistant Secretary of Defense

(Suppl, and Logistics).

I[F. 1n. Doe. 56-959; Piled, Feb. 0, 1050:8:60 a. in.]

PROPOSED RULE MAKING

DEPARTMENT OF THE TREASURYBureau of CustomsC 19'CFR Part 81

INVOICING OF WATCHES AND WATCHMOWV-NTS

i I/NOTICE OF PROPOSED RULE MAKING

FEBRUARY 3, 1956.Paragraph 367 (a), Tariff Act of 1930

(19 U. S. C. 1001, 367 (a)), provides thatimported watch movements and. time-keeping, time-indicating, or time-meas-uring devices, instruments, and mecha-nisms shall be subject to an additionalduty of $1 (50 'cents, 'as modified) foreach adjustment of whatever kind (treat-ing adjustment to temperature as twoadjustments) in 'accordance with themarking.

In a decision dated November 5, 1940,an abstract of which was published asTreasury Decision 50277 (3),- the Bureauof Customs field. that watch movementsand other.mechanisms, devices, and in-struments rovid-ed-for in.paragraph 367(a) are properly marked "unadjusted"under paragraph 367 (b) if they have not.been specially manipulated otherwisethan by ordinary assembly, toproduceone or more of the following results: (a)Temperature adjustment, (b) isochronalddjustment, or (c) position adjustment.

Owing to recent representations, thisdecision has been extensively reviewedin the light of all pertinent considera-tions. The Bureau has concluded thatno change should be made therein, butthat the following clarification of themeaning of the term position adjustmentwould be helpful.

Position adjustment, however accom-plished, results'in correlation betweenthe rates of timekeeping in the variouspositions to meet tolerances. Accord-ingly, a watch movement,' mechanism,

device, or other instrument which, afterassembly, has been tested in two or morepositions and manipulated in any man-ner in order to eliminate or reduce toprescribed limits the observed differencein rates between any of the various posi-tions in which tested shall be consideredas adjusted to position. The number ofadjustments shall equal the nuniber ofpositions in which the movement was sotested.

,The-process of timing and regulationis not considered as'adjustment withinthe meaning of paragraph 367 of thetariff act. That process results in mak-Ing the movement run faster or slowerto substantally the same degree in eachand every position and does not result inany modification of any difference be-tween rates in the individual positions. -

Notice is hereby given that, in order tofacilitate the determination as . towhether imported watch movements orother mechanisms, devices, or instru-ments provided for in paragraph 367 (a)of the Tariff Act of 1930 have been spe-cially manipulated after assembly to pro-duce an adjustment or adjustments with-in the meaning of paragraphs 367 (a).and 367 (b) of the act and T. D. 50277 (3),it is proposed to require under the au-thority of section 481 (a) (10), TariffAct of 1930 (19 U. S. C., 1481 (a) (10)),that,, unless. the Commissioner deter-mines that with respect to any particularimportations the purposes of this re-quirement~have been otherwise satisfied,in addition to all other information re-quired by law or regulations, customsinvoices for such watch movements,mechanisms, devices, or instrumentsshall contain on a separate sheet to beattached to and constitute a part ofthe invoice the following information:

CA) T h e commercial -description(ebauche calibre number and ligne size)and style of each class- of watch move-

ment, mechanism, device, or instrumentcovered by the invoice.

(B) The name of the manufacturer orassembler of the exported articles, andalso the name of the supplier when themanufacturer or assembler Is not thesupplier. I

(C) In the case of watch movements,the distinguishing marks (symbols) withwhich the watch movements arq markedprusuant to the declaration annexed tothe Swiss Trade Agreement. "

(D) The following questions are to beanswered, and the indicated Informationfurnished as to each watch movement,timekeeping mechanism, device, or in-strument:

(1) After thecomplete movement wasfirst assembled:

(a) Was it tested or observed for uni-formity in rate as the mainspring runsdown?

(b) Was it tested at different observedtemperatures? ( 1,

(c) In how many positions was Ittested?

(d) Were corrections madc to elimi-nate or reduce the differences in ratesrevealed by the tests in (a) (b) and (c) ?If so, specify.

(e) If corrections were made, as re-ferred to in (d), did they result In Olin-inating or reducing the differences inrates? Specify. '

(2) Omitting,' if desired, matters al-ready set out in (1), Immediately above,give detailed description of every oper-ation, process, manipulation or test (ex-clusive of those relating solely to pack-ing and shipping) performed on or withrespect to each watch movement, time-keeping mechanism, device, or Instru-ment after it was first assembled andbegan to run.

It is proposed to amend, § 8.13 (h),Customs Regulations, to provide for thefurnishing of additional information asset forth above.


Prior to -inal adoption of such invoicerequirements, consideration will be givento anyrelevant data, vieivsor argumentspertaining thereto which are -submittedin'writin , inr duplbate, to the Commis-sioner of-Customs, Washington 25, D. C-.,n6t-later than 30 days from: the date ofpublication of this notice. No hearingswill be-held&

I~sEAI1 . RLPH KELLY,Commis ioner of Customs.

[F. n- Doc. - 56-977; Filed, Fey. 3, 1956:4:00-p. m.]

DEPARTMENT OF HEALTH, EDU-CATION, AND. WELFARE

Food and. Drug Adminisralt[on-

t 21 CFR Part 19 ]/ Doclet.WD.FDC-6i]

PARTIALLY CREAMED COTTAGE CHEESENOTICE OF POSTPONEMENT oF HEARING

In the matter of adopting a definitionand standard of identity for a food to beknown as partiallycreamed cottagecheeser

Notibe is hereby- given that the. publichearing forthe purpose of'receiving evi-dence in. the above-entitled matter,lheretofore announced to- commence onFebruary 28, 1956 (21 F. R. 430) is post-poned fo commence at 10:00 a. m. onTuesday, April 3, 1956, in, Room 5051,Department of Health, Education, andWelfare Building, Fourth Street andIndependence Avenue SW., Washington,D. C.

Dated: February 1, 195-.[SEAL] GEo. P. LiRucac,

Commissioner of-Food and Drugs.7[F. IL Doc: 56-954;. Filed, Feb. 6, 1956;"8:5(ra. m.].

INTERSTATE COMMERCECOMMISSION

149 CFR art 176 ][EX Parte No. MC-191

PRACTICES- OF MOTOR COMroI CARRIERS OFHousEHOLD, GOODS-

NoTIcE OFRnO-osrED aULE.MAHING

JANUARY 23, 1956.On January. 13, 1956, the above-

entitled, proceeding- was reopened, forfurther -proceedings for the purpose of-giving- consideration to the -adoption of-certain rules proposed by the Bureau ofMotor Carriers governing the practices ofmotor, common. carriers of householdgoods= A copy of the-order of January 13,'1956, is setforth below. The proposedrules are set-forth below with the order.

Any interested party desiring to makerepresentation to the Commission withrespect to the subject matter of the.further. proceedings should file anoriginal and fourteen c6pies of its repre-sentation- with. the Secretary, InterstateCommerce Commission, Washington. 25,I. C.,.O_ or before Marcli5, 1956[s= ] 1AHRAOrD. McCoy,

Secretary.

FEDERAL REGISTER

.At-a session of the Interstate Com-merce Commission. Division 1, held, atits office in Washington, D. C., on the13th day of January A. D. 1956.-, The matter of modification and ex--tension of rules prescribed in the above-entitled proceeding being under con-sideration, and, good cause appearingtherefor:

It is ordered, That said proceeding be,and it is hereby, reopened for furtherproceedings for the purpose of accordingconsideration to the adoption of certainrules governing the practices of motorcommon carriers of household goods,which rules are set forth below and madea. part hereof

It is further orderedThat any inter-ested party desiring to make representa-tion. to- the Commission with respect tothe subject matter- of the further pro-ceedings shall file the original and four-teen copies of- such representation withthe Secretary, Interstate CommerceCommi ion on or before March 5, 1956.

'PROPOSED ADDITIONAL RU=-s AND REM-SLATrONS GOVEmaRuG TIE PRAcTIcES or

MooW CO" MON C RRIERS Or HOUSE-HOLD GdODSRute i. Whenevea an estimate of the

charges for a proposed service shall be-made or given. by a carrier to a. pros-pective shipper of household goods, theestimate shall be in writing (black let-tering on white background except, asotherwise Indicated), and shall containthe following:

(a) The name and address ot the car-rier which:lis to perform the-service andthe name and title of the agent prepar-ing the estimate.

(b) The origin and destination of theproposed movement, and. the mileagebetween such points.

(c) The applicable rate to be applied.(d) A list of the articles upon which

the estimate is based, showing for eacharticle listed estimated cubic footagethereof.

(e) The estimated weight of the ship-ment, based upon a formula of no lessthan seven pounds per cubic loot.

(1) An Itemized statement of all, ac-.cessorial services to be performed, and-the charges therefor.

(g)- An estimate of the transporta-tion tax.

Ch) An estimate of the total charges,including transportation charges,charges for accessorial services, andtransportation tax.

(i). A printed statement (in red let-tering) on the face thereof, in a proml-nent position, in not less than eight-point bold or full-face type, the follow-Ing:

Important totice. This estimate coversonly- the articls and services listed. It Isnot a warranty or representation that theactual charges will not exceed the amount ofthe estimate. Common carriers are requiredby law to collect transportation, packing, andother incidental charges computed on thebasis of-rates shown in their lawfuly pub-lished tariffs, regardless of prior rate quota-tions or estimates made by the carrier or Itsagents. Transportation charges are basedupon the actual weight of the goods trans-ported, and such charges may not generallybe determined prior to the time the goodsare loaded on the-van and weighed.

No guarantee can be made-as to the specificdates of pickup or delivery ofryour shipment.unless y6u make- special arrangements withthe carrier for expedited service, for whichan additional charge wir normally be made--

RuZe 2. Wheneverawritten-estimataissubmitted to a prospective shipper, or, inthe absence of such estimate, prior to thetime the contract for service is executed,the prospective shippershall befurnishedwith a-prnted statement, in not lessthaneight-point full or bold-face type, as setforth below. The carrier shall obtain areceipt for Such statement, which shallbe preserved as part; of the record ofshipment.

GEMinAL naroPAssarO.x roX MUTPEnS OF HMOUSZ-HOLD GOODs nY Zo-rOe- CA = -cTAELoaE 1OMflO co2"'"en

-This statement s of importance to you asa shipper of householct goods. It relates tothe transportation of household goods, In In-terstate or forelgn- commerce, bT motorcarriers frequently called "2oversr, but here-inafter referred to as carriers. Some carriersperform the transportation themselves-. Ot.h-era act as agents forthe carriers which do theactual hauling. In some cases the transpor-tation Is arranged by, brokers. You shouldbe sure to obtain the comprete and correctname, home address; and telephone numberorthe carrier which will transport your ship-ment and keep that carrier informed as tobow and where- you: maybe reached at- alltimes until the shipment iT delivered. Be-lfore completing arrangement.-for- the ship-ment of your household goods, all of theInformation- herein should be consideredcarefully by you.,

L033 or damage. Carriers are subject to.thA rules and regulations- of the InterstateCommerce Commis ion. The Commission,however, has no authority- to compel thecarriers to settle claims for loss or damage,and It will not try to determine whether the,basis for, or the amount of, any such claimIs proper nor will It attempt to- determinethe carrler-liable for the loss or damage. Ifthe carriers will not voluntarily- pay suchclaims. the only recourse of the shipper isthe filing of a sultin w Court of Law. Everycarrier must name a satutory agent in eachState n which it operates, and Court papersmay be served on such; agent . - The namesof the agent for rvi1ce In. any State may beobtained by writing the Interstate CommerceCommission, Washington 25, D. a.

Transportation rate and rereasetf values.Rate* -e stated-in amounts per hundredpounds dependent upon the dlstance in-volved. Carriers are authorized to publishand generally maintain rates varying accord.-Ing to the released or declared value ot theshipment The lowe.t rates usually applywhen the shipper releases the, goods to avalue not exceedin&. 30 cents per pound perarticle For example. antmay agree thatthevalue of any article weighing but; 10 poundsis only $3.00;. This value may not be whatthe goods are worth, but it is the amountyou, being the shipper, agree as. to the re-lease4, value, and, in case of loss or damage,it will be the basis for the settlement of yourclaim. You may declare a higher value on -some or all of your goods. hut if you do, thecharges for their transportation will begreater.

Cargo insurance. A carfer's liability forloss or damage is limited by the releasedvalue agreed to. or bT the value declared bythe shipper3 when. the slipment is made. Ifyou desire the benefit of the lowest rate andyet want greater protection than thatafforded thereunder. you mayurchase cargoinsurance. In the event you purchase such-insbrance through. thecarrier, the latter&ould deliver to you- a policy or certificateat or before the time of shipment, which

PROPOSED RULE -MAKING

should show clearly the flame and address ofthe insurance company, the amount of in-surance, the premium therefor, and the risksinsured against or the risks excluded, which-ever is more appropriate.

Estimates. Regardless of the estimates re-ceived from a carrier for the carriage of yourshipment, you must pay transportationcharges computed in accordance with thetariff filed with the Interstate CommerceCommission by the carrier or carriers haul-ing your'shipment, plus transportation tax;and, for any additional or extra'services, theaccessorial charges set forth in the tariff.Hence, the total charges which you will berequired to pay may be much more than theestimate received from the carrier.

Tariffs. These are publications in book,form, containing the rates, rules, andcharges of the carriers. The tariffs of aUcarriers are not the same. All of them are,howeyer, open to public inspection, and youmay examine them in the carrier's office. AlWariffs contain rules and regulations, andhose in the tariff of the carrier serving you

must be considered in determining thecharges on your shipment. The rules andregulations, like the rates and charges, arenot uniform. It is impracticable to, referto all of them here, but among them usuallywill be found special provisions applicableto: "Shipments picked-up or delivered atmore than one place"; "Marking and Pack-Ing"; "Diversion of Shipments"; "AdditionalServices" the charges for which usually arecalled "Accessorial Charges" and which in-clude services such as packing and unpack-ing, the furnishing of barrels, boxes, or othercontainers, supplying wardrobe boxes, carry-Ing pianos up or down steps, etc. Generally,the tariff also has rules relating to the sub-ject which follow. -

Preparing certain articles for shipment.I If your shipment includes a stove, refrig-erator, radio, television set, or some otherarticle, requiring special servicing, includingthe disconnection thereof prior to move-ment, the special servicing should be per-formed by a person employed by you who le"specially trained to perform the work.

Weights. If your shipment weighs morethan 1,000 pounds, the carrier shall weighIts empty or partially loaded vehicle priorto loading your shipment. After loading,the vehicle again should be weighed and theweight of your shipment determined. If.the weight of ybur shipment Is not morethan 1,000 pounds, it may be weighed beforeit is loaded. The gross, tare, and netWeights, must be shown on the freight bill.

If you do not believe that the weightshown for your shipment is correct,the car-rier, if you so request prior to delivery andit is practicable to do so. shall reweigh theshipment. An extra charge may be madefor reweighing, but only- if the differencebetween the two net.-weights does not ex-ceed 100 pounds if your shipment weighs5,000 pounds or less, or does not exceed 2percent of the lower net weight if ydur ship-mentweighs more than 5,000 pounds. 'Thelower of the two net weights must be usedfor determining the charges.

Small shipments. If your shipmentWeighs less than 1.000 pound, it usually willbe subject to arminlmum charge, the'chargefor 1.000 pounds. Generally, shipments ofhousehold goods weighing considerably lessthan 1,000 pounds may be shipped cheaperby express, or rail, or by a motor carrierother than a household goods carrier, evenwhen the expense of crating .the shipmentIs added to the transportation charges.

Storage in transit. In case you desire thatyour household goods-be stored in transit-andhauled from the place of storage at a laterdate, such service probably may be obtainedif you specifically request it. The length of

-time which a shipment may be stored intransit is limited to a designated periodtand

- you will be requied to pay additional chars

for storage, pick-up and delivery, and possi-bly other accessorial charges. However, if acarrier accepts your shipment for transporta-tion at its own convenience and stores yourgoods until a load can be made up, the tariffordinarily provides no additional charge f9rstorage or drayage. In the latter instance,the tender and acceptance of the shipmentmust be bona fide and the delay actually forthe carrieris convenience and not a device toevade assessing the additional charges forstorage, etc., named in the carrier's tariff. Incase you arrange with-someone other thanthe carrier who will haul your goods over theroad for the pick-up of your goods or fortemporary storage thereof, extra charges maybe assessed to cover the services of such otherperson or concern. Some warehquses makea separate charge for checking go ds out ofstorage and collectdock charges from carriersfor the space occupied and the time takenby the carriers, vehicles while loading ship-ments, and such charges are passed on andcharged to the shippers.

Exclusive iase of vehicle. If you do notwant the goods belonging to anyone elsehauled with your shipment, you may directthe carrier to grant you-exclusive use of thevehicle. In that case, however, the trans-portation charges probable will be consid-erably greater.

Expeiteq service. Carriers are not ordi-narily required to make delivery on a certaindate-or within a definite period of time.However, their tariffs generally contain arule titating that, upon request of the ship-per, goods weighing less than a designatedamount-usually 5,000"pounds-will be deliv-ered at destination on or before the datespecified by the shipper. -The transporta-tion charges for such expedited service arebased on the higher weight (5,000 pounds)and, of course, are greate than the chargeson shipments hauled at the carriers con-venience.

Payment of charges. Yoi probably Willhava to pay all charges in cash, by moneyorder, or by certified bheck before your ship-ment will be delivered. Therefore, beforethe shipment arrives at destination, youshould be prepared to make such payment.Occasionally, the carrier will require that thecharges be prepaid or guaranteed at point oforigin. --

Bill of lading. You should get from thecarrle, before your shipment leaves-the pointof origin, a bill of lading signed by you andthe carrier, showihg the date of shipment,the names of the consignor and consignee,points of origin and destination, a descrip-tion of the shipment, the declared or releasedvaluation, and notations coVering any specialservice you may have requested such as,"Storage-in-transit", "Exclusive Use of Ve-hicle", "Expedited Service",.±.

Freight bill. When paying the charges youshould obtain a receipt for the amount paid,setting forth separately (1) the gross weight,(2) the tare weight, and (3) the net weightof your shipment, the mileage, the rate per100 pounds, the transportation charges, theinsurance premium if any, the transporta-tion tax, and any'accessorial charges. Suchreceipt is called a freight bill or expense bill.In the event there was any-loss or damage,be sure to have the driver place appropriatenotations on the freight bill. If the driverwill not make such notations, you shouldhave some, disinterested party inspect thedamage in driver's presence.

Acknowledgment. In accordance with anorder of the Interstate Commerce Commis-sion, this information is being supplied toyou by each carrier representative who sub-mits an estimate for the movement of yourhousehold goods, or who arranges for-suchmovement without a prir estimate.' Everysuch representative is required to obtainfrom you a written receipt for this state-ment, and you-should get from each of thema written statement showing the name and

address of the carrier which will transportyour shipment,

Rule 3. (This rule shall supersedopresent Rule 3.)

(a) Common carriers shall determinethe tare weight of each vehicle used Inthe transportation of household goods byhaving it weighed prior to the transpor-tation of each shipment, without thecrew thereon, by a certified weighalasteror on a certified scale, and when soweighed, the gasoline tdnk on each ve-hicle shall be full and the vehicle shallcontain all pads, chains, dollies, handtrucks, and other equipment required Inthe transportation of such shipment.

(b) After the vehicle has been loaded,it shall lie weighed, without the crowthereon, at point of origin of Ithe ship-ment, and the net weight of the ship-ment shall be determined by deductingthe tare weight from the loaded weight.Where no adequate scale is available at'point of origin, the loaded weight shallbe obtained at -the nearest certified scalein the direction of the movement of theshipment.

(c) In the transportation of partkpads, this rule shall apply in all respects,except that the gross weight of a vehiqlocontaining ,one or more part loads maybe usbd as the tare weight of such vehioloas to part loads subsequently loadedthereon. A part load for any one ship-per not exceeding 1,000 pounds, may beweighed on a certified scale prior to be-ing loaded on the vehicle.

(d) Whenever weights are required tobe obtained pursuant to these rules, thecarrier shall cause to be executed aweight ticket in the form specified below,and such weight ticket shall be main-tained by the carrier as a part of Its rec-ord of shipment.HOUSEHOLD GOODS UNWORM WEIoHT- TIcHE

Date ..............1. Name of carrier -----------------------2. Vehicle identification .................3. Order No.-------------------------4. Name of shipper---------------5. Origin of shipment ....................6. Destination of shipment7. List of slpments, if any, on vehicle at

time tare weight was obtained.

Shipper Order No. , Net weight'

(Driver)

Date -------- -------1. Location of scales ----------------------2. Owner of scales3. Scales and welghmaster certified by ....

-.......... --- Date ----------------4. Gross weight of loaded vehicle, without

the crew thgreon-------.pounds.5. Tare weight 6f vehicle, without the crew

thereon, Including full gasoline tank,and all necessary pads, chains, dollies,hand trucks, -and other equipment,

------ pounds.6. Net weight of shipment ---- pounds.

(Welghmastor)

Rule 4. As soon am practicable afterthe weight of a shipment of householdgoods has been determined, the carriershall execute a freight bill showing the

1 1

'Tuesday, Febi'uary 7, 1956

tare weight, gross weight, and net weightof the shipment;, the mileage and qp-plicablerate; and the total charges to beassessed against the shipper, includingcharges for transportation, accessorialcharges, and transportation tax. A copyof such freight bill shall immediately beforwarded to the shipper or his author-ized agent, andnust be delivered to suchshipper or agent prior to the delivery ofthe shipment. -

Rule 5. -When the correct charges fora complete transportation service arefound by the carrier to exceed by morethan tqun percent the amount of a priorestimate given to the shipper by the car-rier, the carrier shall immediately notifythe shipper or person in cantrol of theshipment of such fact, by telephone ortelegraph if necessary, and at the car-rier's expense, prior to iperformng anyfurther service. Thereupon, if the ship-per or personin, control of the movement"so. desires;the carrier shall-return to theshipper the whole or any part of thegoods, and shall assess no charges or feesfor such service.

Rule 6. Common carriers shall notify- any shipper of household goods immedi-ately in the event of the total or substan-tial. destruction of .such goods by fire,accident, or by any other means, whilebeing t ansported or stored by the car-rier or at the carrier's direction. Nocarrier shall attempt t6 collect transpor-tation or other charges in respect of anysuch shipment without having previouslynotified the shipper of the conditionthereof.

Rule 7. No common carrier shall ac-cept a shipment of household goods fortransportation- at the minimum Weightestablished. in its tariff until after theshipper has been furnished a priatedstatement as set forth below. The car-rier shall obtain a- receipt for such no-tice, and such receipt shall be made apart of the carrier's record of shipment.

important notice. The transportationcharges which will be collected on your ship-ment will be based upon a minimum weightof ---- pounds, as provided in this car-rier's tariff. -The total charges due for thetransportationi of your shipment, the acces-sorial charges or-service ordered by you, andthe transportation tax will be $ -----

(Name of carrier)By -- --........-------

-(Title) -

[1P. 1. DoC. 56-949; Filed._Feb. 6, 1956;8:49 .m.]

149 CFRPar 1934 _[Ex Parte No. MC-40]

CARRIERS BY MOTOR VEHICLES; PARTS ANDAccssso-s NECESSARY ror SAFE Op-ERATION

QUAIFICATIONS AND MIMU HOURS OFSERVICE OF EMfPLOYEES OF MOTOR CAR;-

RIERS AND SAFETY OF OPERATION ANDEQUIPMENT; EXTENSION OF FILING DATE

In the. matter of extending date forfiling st.tements inxesponse-to the pro-posal to amend the motor carrier brakeregulations. -

FEDERAL REGISTER

Upon cohsideration of the record in the response to the ivitation contained inabove-entitled proceeding, and of certain the said notice of November 10, 1955, be,requests for an extension 6f timemiwthin and It is hereby, extended to April 3,1956.which to complete certain equipment and Dated at Washington, D. C., this lstroad tests and to file data in connection-therewith in response to the order andnotice of rule making, dated November 0 By the Commission.10, 1955; and good cause appearing [sEAL] I HAROLD D. McCoy,therefor: Secretary.

It is ordered, That the time within [F. n. Doc. 56-050; iled, Feb. 6. 1956;which such statements may be filed in 8:49 a. m.1

NOTICES

DEPARTMENT OF THE INTERIORBureau of Land Management

MONTANA

NOTICE OF PROPOSED VITDRAWAL AND

RESERVATION OF LANDS

JAm ARY 30,1956.The Fish and Wildlife Service has filed

an application, Serial No. Montana014577, for the withdrawal of the landsdescribed below, from all forms of ap-propriation except the mineral leasinglaws. The applicant desires the land foruse under a cooperative agreement withthe State of Montana Department ofFish and Game for deer and elk Winterrange.

For a period of thirty days from thedate of publication of this notice, personshaving cause may present their objec-tions in writing to the undersigned of-ficial of the Bureau of Land Management,Department of the Interior, 1245 North29th Street, Billings, Montana.

If circumstances warrant It, a publichearing will be held at a convenient timeand place, which will be announced.

The determination of the SeCretary.on the apiplication will be published inthe FEDERAL GEGIlsrm. A separate no-tice wil be sent to each interested partyof trecord.

The lands involved in the applicationare:

IUONT&NA PnmcipAL 11-UDIA

T. 1 S., I. 10 W.,Sec. 1: Lots 1, 2. 3, 5. 6, 7, SNWI. SW%Sec. 2: Lots 3, 4. SNW4. NW%SW%;Sec. 11: SNW , NWNW1, SEKNEK;Sec. 12: Lot 1, NVNW%, SW'ANW14.

The area described contains 1,028.11acres.

P. D. N=EsoN,State Supervisor.

[F. I. Doc. 5G-928; Filed, Feb. 6, 1956;8:45 a. .I]

DEPARTMENT OF COMMERCEFederal Maritime Board

- M nRES OF PACIFIC COASTEUROPEAN CONFEMCE

NOTICE OF AGREEMENT FILED WITH BOARDFOR APPROVAL

Notice is hereby given that the follow-Ing described agreement has been filed

with the Board for approval pursuantto section 15 of the Shipping Act, 1916,99 Stat. '133, 46 U. S. C. 814.

Agreement No. 5200-15 between themember lines of the Pacific Coast Euro-pean Conference, m9difles the basic con-ference agreement-(No. 5200) to includea provision providing that member linesand their agents at loading ports shallnot. represent any vessel In the tradecovered by the agreement other thanthose operated for the account of amember, except as husbanding agents,

-or as agents-for vessels loading full car-goes of grain and/or lumber, or as maybe agreed by unanimous vote of theT

conference.Interested parties may inspect this

agreement and obtain copies thereof atthe Regulation Office, Federal MaritimeBoard,Washington, D. C., and may sub-mit, within 20 days after publication ofthisnotice-in the FrDERAL REGISR, writ-ten statements with reference to theagreement and their position as to ap-proval, disapproval, or modification, to-gether with request for hearing shouldsuch hearing be desired.

By order of the Federal Maritime,Board.

Dated: February 1, 1956.A. J. WLLIAMs,

Secretary.tF. R. Doc. 56-958;.lFiled, Feb..6, 1956;

8:50 a. m.l_

FEDERAL POWER COMMISSION[Docket No. G-a730]

SUELL OrCo.NoTc or APPcATIONAND DATE or

HEARING

JANUARY31, 1956.Take notice-that Shell Oil Company a

Delaware corporation (Applicant), withprincipal oMce in New York.,New York;filed on April 7, 1955, an application fora certificate of public convenience andnecessity pursuant to section 7 of theNatural Gas Act, authorizing Applicantto render service as hereinafter described,subject'to the jurisdiction of the Com-mission, all as more fully represented inthe application which is on file with theCommison and open for public Inspec-tion.

Applicant proposes to sell natural gasin interstate commerce from production

NOTICES- _

In Riley Gas Unit, Hugoton Feld, Texas,County, Oklahoma, to Panhandle East-ern Pipeline Company for resale. Theproposed rate of delivery is 10,000 Mcffor the first month of delivery at 14.65psia and the sales price is 10.5 cents per*Mcf at 14.65 psia. -

'This matter is one that should bedisposed of as promptly as' possibleunder the applicable rules and" regula-tions and to that end:

Take further notice that, pursuant tothe authority contained in and subjectto the jurisdiction conferred upon theFederal Power Commission by sections7 and 15 of the Nattral Gas Act, andthe Commission's rules of practice andprocedure, a hearing will be held on Feb-ruary 24, 1956, at 9:30 a. m., e. s. t., ina Hearing'Room of the Federal PowerCommission, 441'G Street NW., Wash-ington, D. C, concerning the matters in-volved in and the issues presented bysuch application: Provided, however,That the Commission may, after a non-contested hearing, dispose' of the pro-ceedings pursuant to the provisions ofsection 1.30 (c) (1) -or (2) bf the Com-mission's rules of practice and procedure.

Protests or petitions to'intervene maybe filed with the Federal Power Commis-sion, Washington 25, D. C., in accordancewith the rules of practice and procedure(18 CFR 1.8 or 1.10) on or before Feb-ruary 20, 1956. Failure of any party toappear at and participate in the hearingshall be construed as waiverof and con-currence in omission herein of the inter-mediate decision procedure in caseswhere a request therefor is made. Underthe procedure herein provided for, un-less otherwise advised, it will be unnec-essary for Applicant to appear or be rep-resented at the hearing.

I[SEAL] LEON M. FUQuAY,Secretary.

IF. R. Doc. 56-929; Filed, Feb. 6, 1956;8:45 a. m.]

[Docket No. G-9002 etc.]

TowN o FRIARS POINT, MISs., ET AL.NOTICE OF APPLICATIONS

FEBRUARY 1, 1956.In the matters of Town of Friars Point,

Mississippi, Docket No. G-9002; BellsPublic Utility District of Crockett County,Tennessee, Docket No. Gm-9071; CrockettPublic Utilities District' of CrockettCounty, Tennessee, Docket No. G--9072.

Take-notice that on June 6, 1955, theTown of Friars Point, Mississippi, and onJune 24, 1955, the Bells Public UtilitiesDistrict and the Crockett Public UtilitiesDistrict, both of Crockett County, Ten-nessee, and all municipalities, filed theirrespective applications pursuant to sec-tion 7 (a) of the Natural Gas Act fororders directing Texas Gas TransmissionCorporation (Texas Gas), to establishphysical connection of its transmissionfacilities with the facilities of Applicants'proposed natural gas systems and to sellnatural gas to Applicants for distributionIn their pr6posed service areas.

The Town of Friars Point, Mississippi(Friars Point), states that it has pro-

posed the construction and operation ofa municipally owned natural gas dis-tribution system designed to serve a pop-ulation- area of about 1,600 people.Friars Point states also that it has de-,signed a system to serve in the third yearof an anticipated 309 of an estimated439 potential residential and commer-cial customers with a total requirementof 42,525 Mc! annually and 472 Mcf onthe peak day.'- /

Friars Point also alleges that the ini-tial cost of the system is estimated at$192,000, and will be financed by thdsaleof 4Y2 percent revenue bonds to beamortized over a period of 30 years. Thetown shows a debt service- coverage of1.63 based on a third year levelling of itsrequiremepts. It also states that it plansto connect its proposed distribution sys-tem with Texas Gas' pipe line facilitiessoutheast of the town\via 10.2 miles of3-inch high pressure transmission line.

The Bells- Public Utility District ofCrockett County, Tennessee (Bells Pub-lic) states that it has designed a mu-nicipally owned natural gas transmissionand distribution system to supply the gasrequirements of the town of Bells,Crockett County, Tennessee, -and en-virons, stating further that this systemwill serve-in the third year of operationan estimated 289 residential, commercial,and industrial ,ustomers out of an ap-proximate population of 1900, which in-cludes those customers resulting fromthe anticipated normal communitygrowth. The requirements are estimatedat; 562 Mcf on a peak day and 57,285 Mcfannually in the third year of operation.

Bells Public alleges that the initialcost of the system is estimated at $105,-000 and is proposed to be financed by thesale of revenue bonds at a maximum in-terest rate of 5 percent to lYe amortizedover a 20-year period. Applicant alsoshows-a debt service ratio of 1.82 assum-ing a third year levelling of requirements.

Bells Public further alleges that itplans to utilize a proposed 4-ifich trans-mission line. jointly with 'CrockettCounty Public Utilities -District. Thisline will connect with Texas Gas' exist-ing transmission line near Jackson, Ten-nessee, about 3 miles south of the Bellscity 'gate, and will terminate at theCrockett County Public Utilities District'scity gate at the town of Alamo, Ten-nessee, about 5 miles north of the townof Bells.

Crockett Public Utilities District ofCrockett County, Tennessee (CrockettPublic) states that it has designed amunicipally-owned natural gas trans-mission and distribution system to sup-ply the gas requirements of the town ofAlamo, Crockett County, Tennesseeandenvirons.

Crockett Public also states that thesystem will serve in its third year of oper-ation an estimated 436 residential, com-mercial, and industrial customers out ofan approximate population of 1,900 in-eluding those customers resulting fromanticipated normal growth and that therequirements of Alamo are estimated at712 Mcf on a peak day'and 55,020 Mcfannually in the third year of operation.

Crockett Public alleges that the initialcost of the system is estimated at $160,-

000, and is proposed to be financed by thesale of revenue borlds at a maximum In-terest rate of 5 percent to be amortizedover, a 20-year period. Applicant(Crockett Public) shows a debt serviceratio of 2.09 assuming a third-year level-ling of requirements.

Crockett Public further alleges that Itproposes to transmit gas-to Its city gateat Alamo from a connection with TexasGas' existing pipeline facilities about 9

-miles to the south via a Jointly owned4-inch transmission line with BellsPublic.

Texas Gas states that it does not op-pose the applications filed herein but Inits reply of Augubt 29, 1955, states thatit be required to sell no more than Ap-plicants' thlrd-yeark requirements asfollows:

McI per dayG-9002, Friars Point --------------- 403G-9071, Bells Public ----------------- 5a-9072, Crockett Public --------- ---- 720

Texas Gas further conditions Its wil.lingness to servel Applicants In that theycomplete their proposed systems by June1, 1957, in the case of Bells Public andCrockett Public, and July 1, 1957, In thecase of Friars Point.

Texas Gas, by Commission order IssuedDecember 30, 1955, at Docket No. G-8828,was authorized to construct and operatethe facilities requested therein, enablingIt to serve Applicants without adverseeffect on Its other customers. Texas Gasstates that it expects to complete thesefacilities by November 1, 1956., West Tennessee Gas Company, an ex-Isting customer of Texas Gas, filed onAugust 29, 1955, petitions to Interveneat Docket Nos. G-9071 and G-9072. OnJanuary 17, West Tennessee Gas Com-pany withdrew Its petitions to intervene,

Pfotests or petitions to intervene maybe'filed with the Federal Power Commis-sion, Washington 25, D. C., in accordancewith the rules of practice and procedure(18 CFR 1.8 or 1,10) on or before Feb-ruary 21, 1956.

[SEAL] LEON M. FUQvAY,Secretary.

[F. R. Doe. 56-930; Filed, Fob. 0, 1050,8:45 a. m.]

[Docket No. G-97701OHIO FUEL GAS Co.

NOTICE-OF APPLICATION AND DATE OFHEARING

FEBRUARY 1, 1956.Take notice that The Ohio Fuel Gas

Company, Applicant, an Ohio corpora-tion and a subsidiary of the ColumbiaGas System, Inc., having its principalplace of business at 99 North FrontStreet, Columbus 15, Ohio, filed on De-cember 13, 1955, an abbrevlhted appli-cation for a certificate of public con-venience and necessity pursuant to sec-tion 7 of the Natural Gas Act, authoriz-ing it to construct and operate certainproposed facilities and to abandon cer-tain other facilities, as hereinafter de-scribed, subject to the jurisdiction of theCommission, in order to serve more ade-quately the anticipated gas requirements


of the -Village of Caledonia, MarionCounty, Ohio, an existing retail marketarea of Applicant including a new indus-trial customer at Caledonia, all as morefully represented in the applicationwhichis on file with the Commission andopen for public inspection.

Applicant proposes to abandon 3.4miles of its 8% -inch Line D-4, by whichit .iresently serves the .Caledonia area,and in lieu thereof build 3.2 miles of4Y2-inch pipeline extending from its 16-inch Line D-322 to a connection withexisting .line D:-213, so that Caledoniawill receive gas from the new, 4Y2-inchline and the existing Line D-213 ratherthan through Lines D-4 and D-213 asat present. Applicant proposes to re-tain approximately 1.5 miles of its LineD-4 for operation at reduced pressure Inorder to maintain service to a countyinfirmary, a schoolhouse and a group ofrural residential customers.

Applicant-proposes to discontinue serv-ice to 13 residential customers at scat-tered intervals along the 3.4 miles ofline it desires to retire.

The. estimated cost of the proposedextension is $41,000, and is to be paidout of Applicant's funds on hand.

This matter is one that should be dis-. posed of as promptly as possible under

the applicable rules and regulations andto that end:

Take ifurthe notice that, pursuant tothe authority contained in and subjectto the jurisdiction conferred upon theFederal Power Commission by sections7. and 15 of the Natural Gas Act, and theCommission's rulesof practice and pro-.cedure, a hearing will be held on Thurs-

day, Mar6h 1, 1956, at 9:30 a. In., e. s. t.,in a hearing room of the Federal PowerCommission, 441 G Street NW., Wash-ington, D. C., concerning the mattersinvolved in and the issues presented bysuch applications: Provided, ftwever,That the Commission may, after a non-contested hearing, dispose of the pro-ceedings pursuant to the provisions ofsection 1.30 (c) (1) Or (2) of the Com-mission's rules of practice and procedure.

Protests or petitions ,to intervene maybe filed with the Federal Power Com-mission, Washington 25, D. C., in ac-cordance with the rules of practice andprocedure (18 CFR -1.8 or 1.10) on orbefore February 16, 1956. Failure of anyparty to appear at and participate in thehearing shall be construed as waiver ofand concurrence in omission herein ofthe intermediate decision procedure incases where a request therefor is made.Under the procedure-herein provided forunless otherwise advised, it will be un-necessary for Applicant ,to appear or berepresented at the hearing.

[SEAL] LEON M. FuQuAY,Secretary.

[P. R. Doc. 58-931: Filed, Feb. 6, 1956;8:45 a. m.]

IDocket Nos. C-9277, G-9280]

CHICAGO CORP. AND GULF PLAINS-CORP.

ORDER flSS UTING INVESTIGATIONSThe Chicago Corporation and Gulf

Plains Corporation (Respondents) areNo. 25---3

FEDERAL REGISTER

independent producers of natural gasand are "natural-gas'companies" withinthe meaning of the Natural Gas Act,being engaged in the sale and deliveryof natural gas in interstate commercefor resale for ultimate public consump-tion.

On September 23, 1954, The ChicagoCorporation (Chicago) filed an applica-tion for a certificate of public conven-ience and necessity pursuant to the pro-visions of section 7 of the Natural .GasAct. This application was designatedDocket No. G-2999 and was amendedon November 29, 1954. No hearing hasbeen heldl or final order issued in suchdocket to date.

On August 27, 1954, Chipiago filed withthe Commission a Contract and supple-ment thereto'providing for the sale anddelivery of natural gas to Tennessee GasTrai f Ion Company (TGT) from theCarthage Field, Texas, which were desig-nated by the Commission as The ChicagoCorporation, et al. FPC Gas Rate Sched-ule No. 3 and Supplement No. 1 thereto.The rate on June 7, 1954, for the saleof gas to TGT under the aforesaid rateschedule was 7.306 cents per Mcf at 14.65psia.

By Supplement No. 2 to the aforesaidFPC Gas Rate Schedule No. 3, also filedwith the Commission on August 27, 1954,the rate for the sale of gas by Chicagoto TGT was increased from 7.306 centsper Mcf to 7.547 cents per Mcf. Thisrate increase was to offset the increasein the production tax made effective bythe State of Texas on September 1. 1954.

Supplement No. 3 to the said FPC GasRate Schedule No. 3 was filed with theCommission on September 30, 1954, andproposed to be made effective on Novem-ber 1, 1954. Through the filing of thissupplement Chicago proposed to increaseits rate for the sale of gas to TGT from7.547 cents per Mcf to 12.808 cents perMcf, which would result in a total in-crease in cost to TGT of approximately$2,184,000 per year. The said supple-ment was allowed to become effective asproposed and without suspension by theCommission on November 1, 1954.

On August 27, 1954, Chicago filed withthe Commission a contract and four sup-plements thereto providing for the saleand delivery of natural gas to TGT fromthe Stratton-Agua Dulce and San Sal-vador Fields, Texas. These documentswere designated by the Commission asThe Chicago Corporation et al. FPCGas Rate Schedule No. 5 and Supple-ment Nos. 1 through 4 thereto. . Therate on June 7, 1954, for the sale of gasto TGT under the aforesaid schedule,was 9.781 cents per Mcf at 14.65 psla.

By Supplement No. 5 to the aforesaidF C Gas Rate Schedule No. 5. filed withthe Commission on August 27," 1954, therate for the sale of gas to TGT was in-creased from 9.781 cents per Mcf to10.020.cents per Mcf. This rate increasewas to offset the increase in the produc-tion tax made effective by the -State ofTexas on September 1, 1954.

By Supplement No. 6 to the aforesaidFPC Gas Rate Schedule No. 5, filed withthe Commission by-Chicago on Septem-ber 30, 1954, and proposed to be madeeffective on November 1, 1954, the rate

845

for the sale of gas to TGT was proposedto be increased from 10.020 cents per Mcfto 11.903 cents per Mcf, which would re-sult in a total increase in cost to TGTof approximately $390,000 per year underthe supplement. The aforesaid Supple-ment No. 6 was allowed to become effec-tive as proposed and without suspensionby the Commission on November 1, 1954.

Thereafter, on August 31, 1955, Ten-nessee Public Service Commission et al.1filed with the Commission complaintsunder the provisions of the Natural GasAct, particularly under sections 5 (a)and 13 thereof, designated Docket Nos.G-9277 and G-9280, wherein it wasstated, inter alia, that on the basis ofthe facts recited in the said complaintsthe rates and charges demanded, ob-served, charged and collected by the de-fendants,' in connection with the sale ofnatural gas to TGT under and pursuant -to the currently effective FPC Gas-RateSchedules Nos. 3 and 5 of The ChicagoCorporation, e; al., are unjust, unrea-sonable and otherwise unlawful, and arenot the lowest reasonable rates, as re-quired by thb Natural Gas Act.

In their prayer for relief the said Com-plainants ask this Commission to:

1. Require Defendants to answer theallegations of the complaints in writingand under oath within such time as maybe specified by the Commlon;

2. Promptly institute such investiga-tions and hold such hearings as may benecessary to determine all facts, circum-stances and matters required for a finaldetermination as to what are just andreasonable rates to be -paid Defendantsby TGT, and, after hearings, fix by orderthe just and reasonable rates of Defend-ants to be thereafter' observed and I .force with respect to sales of natural gas.by Defendants to TGT;

3. Consolidate the complaints and anyproceedings instituted by the Commis-sion on its motion with the proceeding inDocket No. G-5259, for both hearing anddetermination, and make no final de-termination in the proceedings in DocketNo. G-5259 prior to a final determinationof the issues presented by the complaintsand involved in the Commison's inves-tigation; and

4. Grant to Complainants such other,further, reasonable