FEDERAL REGISTER VOLUME 31 • NUMBER 142

Saturday, July 23,1966 • Washington, D.C. Pages 10017-10061

Agencies in this issue— Agency for International Development Civil Aeronautics Board Coast Guard Consumer and Marketing Service Federal Aviation Agency Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration Forest Service Immigration and Naturalization Service Interior Department Interstate Commerce Commission Land Management Bureau National Labor Relations Board Renegotiation Board Small Business Administration Treasury Department Wage and Hour Division Detailed list of Contents appears inside. Latest Edition Guide to Record Retention Requirements [Revised as of January 1, 1966]

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Control zone and transition area; FEDERAL POWER COMMISSION AGENCY FOR INTERNATIONAL designation, revocation and al­ DEVELOPMENT teration______1------10024 Notices Hearings, etc.: Notices Designations: Transition area------10025 Atlantic Seaboard Corp—•------10054 Housing guaranty program; ex­ Transition area; correction----- 10023 Northern Natural Gas Co------10055 tension of terminal date for Restricted areas and controlled Transcontinental Gas Pipe Line receipt of applications------— 10042 airspace; designation and al­ Corp. (2 documents)_ 10055,10056 AGRICULTURE DEPARTMENT teration ______10027 Proposed Rule Making See Consumer and Marketing FEDERAL RESERVE SYSTEM Service; Forest Service. Control zone and transition area: Rules and Regulations Proposed alteration------10039 Proposed designation and alter­ Membership of State banking in­ CIVIL AERONAUTICS BOARD ation stitutions in Federal Reserve ______10040 System; purchase of stock------10021 Notices Restricted areas; proposed alter­ Payment of interest on deposits; In-flight entertainment charge; ations __ 10041 maximum rates of interest------10022 notice of oral argument------10044 Notices Airport District Office at Harris­ COAST GUARD burg, Pa.; notice of closing---- 10056 FOOD AND DRUG Notices ADMINISTRATION Vessels certified for ocean and FEDERAL COMMUNICATIONS Rules and Regulations coastwise s e r v ic e ; lifeboat COMMISSION Drugs: equipment; correction------10042 Notices Sterility test methods and pro­ cedures ___ — ------10028 CONSUMER AND MARKETING Mexican broadcast stations; list of changes, proposed changes Phenmetrazine and its salts; SERVICE and corrections in assignments- 10054 listing as subject to control— 10029 Rules and Regulations Hearings, etc.: Proposed Rule Making American Television Service and Bread; proposal to amend stand­ Handling limitations: Holston Valley Broadcasting Lemons grown in California and Corp. (2 documents) — 10045,10046 ard by listing inactive dried Arizona (2 documents)— — 10035 Atlantic B roadcasting Co. torula yeast as optional ingredi- Valencia oranges grown in Ari­ en t______10039 zona and designated part of (WUST) and Bethesda-Chevy California______10034 Chase Broadcasters, Inc------10044 Depressant and stimulant drugs; Shipment limitations: Bigham, Allen C., Jr------10045 proposed listing of additional Fresh Bartlett pears grown in Black Hawk Broadcasting Co. drugs subject to control------— 10039 Oregon and Washington----- 10036 (KWWL-TV)______10045 Chapmann Radio and Televi­ Medicated premixes ; manufactur­ Fresh prunes grown in desig­ ing practices and controls------10039 nated counties in Washington sion Co., et al. (2 documents) _ 10049, and in Umatilla County, 10050 Notices Oregon______10035 City Index Corp., and John M. McLendon ______1Q045 Ciba Chemical & Dye Co.; notice Proposed Rule Making KFIZ Broadcasting Co., and of filing of petition for food Milk in central Illinois and sub­ Fond du Lac County Broad­ additives______10044 urban St. Louis marketing casting Co. (2 documents) — 10046, Commercial Solvents Corp.; notice areas; extension of time for fil- 10047 of withdrawal of petition for ing exceptions______10038 KJRD, Inc., and Mount-Ed- food additives______10044 Canned whole olives grown in Lynn, Inc. (2 documents)----- 10047, California; percentage toler­ 10048 ances ______10038 RKO General, Inc. (KHJ-TV) Sweet cherries grown in Washing­ and Fidelity Television, Inc— 10048 FOREST SERVICE ton; handling______10038 Tri-State Broadcasters, Inc., Notices and Emmet Radio Corp—:— 10048 Mount Baldy Wilderness; proposal FEDERAL AVIATION AGENCY WDIX, Inc., and Radio Orange­ and hearing announcement 10044 burg, Inc______10048 Rules and Regulations Woodward Broadcasting Co., Airworthiness directives: and Storer Broadcasting Co. Piper Model PA-23-250 and PA- (WJW) (2 documents) _ 10050,10053 HEALTH, EDUCATION, AND E23-250 airplanes______10023 WELFARE DEPARTMENT Vickers Viscount Model 744, FEDERAL MARITIME 745D, and 810 Series air­ See Food and Drug Administra­ planes ____ 10022 COMMISSION tion. Alterations: Notices Control area______10025 Steamship Conference; hearing Control zone and transition regarding effects on foreign IMMIGRATION AND area______10025 commerce of United States___ 10056 NATURALIZATION SERVICE Federal airways (3 documents) _ 10024, U.S. Atlantic & Gulf/Australia- 10026 New Zealand Conference; in­ Rules and Regulations Jet routes______10028 vestigation and hearing on Certification requirement______10021 Transition area______10023 agreement; addition of mem­ (Continued on next page) Transition area; correction____ 10024 ber line______10056 10019 10020 CONTENTS

INTERIOR DEPARTMENT LAND MANAGEMENT BUREAU SMALL BUSINESS See also Land Management Bu­ reau. Rules and Regulations ADMINISTRATION P ublic Land Orders: Notices Notices Statements of changes in financial Alaska (4 documents)__ 10030-10033 interests: Arkansas______10031 Astro Age Industries, Inc.; notice Jones, Andrew Pat______10042 California------10032 of withdrawal of request to op­ Jones, Vivan B______10043 Idaho------10b31 erate and participate in small Kennedy, George V______10043 Nebraska______„ ______10030 business defense production Llewellyn, Max R______10043 New Mexico—______10034 pool------.------10056 Madgett, John P______10043 N.Y.R.AJD. Team, Inc.; notice of Mayott, Clarence Wilbur______10043 Oregon------10033 withdrawal of request to operate Shepperd, Samuel Riggs______10043 Utah (3 documents)___ 10032,10033 and participate in small business Simonds, Willard B______10043 Wyoming______10031 research and development pool- 10056 Wade, Alexander H., Jr____ :__ 10043 Notices Wilder, Wilford D______10043 Arizona; redelegation of author­ STATE DEPARTMENT INTERSTATE COMMERCE ity------10042 See Agency for International De­ COMMISSION velopment. Notices TREASURY DEPARTMENT Fourth section applications for NATIONAL LABOR relief______10058 RELATIONS BOARD See also Coast Guard. Motor carrier: Notices Temporary Authority applica­ Rules and Regulations tions ______10058 Statements of procedure and rules Commandant, U.S. Coast Guard; Transfer proceedings______10057 and regulations______:_____ 10029 delegation of authority______10042 JUSTICE DEPARTMENT WAGE AND HOUR DIVISION See Immigration and Naturaliza­ RENEGOTIATION BOARD tion Service. Notices Rules and Regulations Certificates authorizing employ­ LABOR DEPARTMENT Miscellaneous amendments to sub­ ment of learners at special min­ See Wage and Horn: Division. chapter______10029 imum rates______10056

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected.

3 CFR 14 CFR 43 CFR Executive Orders : 39 (2 documents)______10022,10023 P ublic Land Orders : July 7, 1910 (revoked in part by 71 (11 documents)—___ !___ 10023-10027 245 (revoked in part by PLO 4051) _ 10031 PLO 4057)______10032 73______10027 280 (revoked by PLO 4049) _____ 10030 4203 (Revoked in part by PLO 75______10028 334 (revoked in part by PLO 4058) - 10033 4055)______10032 P roposed R ules : 576 (revoked in part by PLO 4049) _ 10030 71 (2 documents)______10039,10040 1779 (revoked in part by PLO 7 CFR 73______10041 4053)______10031 908______10034 3953 (revoked in part by PLO 910 (2 documents)______10035 21 CFR 4056)______10032 924______10035 141______10028 4049 _____ ;______10030 931 _____ 10036 166______10029 4050 ______:______10030 P roposed R ules : P roposed R ules: 4051 ______10031 923______10038 17______^___ 10039 4052—______10031 932 ______10038 133______10039 4053 ______10031 1032______10038 166______10039 4054 ______10031 1050____ 10038 4055 _____ 10032 29 CFR 4056 ______.*■___ 10032 8 CFR 101t ______>______10029 4057 ______*______10032 212______c.______10021 102______10029 4058 ______10033 4059—____ 10033 12 CFR 32 CFR 4060 ______10033 208______10021 1452...... 10029 4061 _____ 10033 217______10022 1466______10029 4062 ______10034 10021 Rules and Regulations

to notice of proposed rule making and panies, bank service corporations, and Title 8— ALIENS AND delayed effective date is unnecessary in certain foreign banks. In addition, it this instance because the rule prescribed has been held that, in the process of NATIONALITY by the order is interpretative in nature. collecting defaulted loans that were con­ tracted in good faith, the “incidental Chapter I— Immigration and Natural­ Dated: July 19,1966. powers” of national banks include the ization Service, Department of R aymond F. F arrell, power to purchase corporate stock where Justice Commissioner of that action constitutes a reasonable and Immigration and Naturalization. appropriate step toward the collection PART 212— DOCUM ENTARY RE­ [F.R. Doc. 66-8062; Filed, July 22, 1966; of indebtedness. QUIREMENTS: NONIMMIGRANTS; 8:49 a.m.] (d) In one proposal presented to the WAIVERS; ADMISSION OF CER­ Board, the stock to be purchased would have been that of one or more corpora­ TAIN INADMISSIBLE ALIENS; tions engaged in the business of leasing PAROLE Title 12— BANKS AND DANKING personality to customers of the member Certifications bank and in the business of selling money Chapter II— Federal Reserve System orders. The Federal statutes contain no The following amendment to Chapter SUBCHAPTER A— BOARD OF GOVERNORS OF express permission for the purchase of I of Title 8 of the Code of Federal Regu­ THE FEDERAL RESERVE SYSTEM stock of corporations of these kinds, and lations is hereby prescribed: [Reg. H] the Board of Governors concluded that Part 212 is amended by adding § 212.8 the power to purchase the stock of such to read as follows: PART 208— MEMBERSHIP OF STATE corporations may not properly be re­ § 212.8 Certification requirement o f sec­ BANKING INSTITUTIONS IN THE garded as comprised within “such inci­ tion 212(a)(14). FEDERAL RESERVE SYSTEM dental powers as shall be necessary to carry on the business of banking”, With­ - (a) General. The requirement con­ Purchase of Stock in the meaning of section 5136. tained in section 212(a) (14) of the Act (e) One of the inquiring member banks for a certification by the Secretary of § 208.119 Member bank purchase of stock of “operations subsidiaries.” contended that the above-cited provi­ Labor shall not be applicable to an ap­ sions of the National Bank Act and Fed­ plicant for admission r to the United (a) In response to several inquiries, eral Reserve Act: States or to an applicant for adjustment the Board of Governors has re-examined were intended to restrict members banks in of status under section 245 of the Act the question whether member banks may dealing in securities and stock in the sense who establishes that he will not perform establish and purchase the stock of of trading therein or in the sense of the skilled or unskilled labor. “operations subsidiaries”; that is, organi­ purchase of the stock of a going concern (b) Aliens not required to obtain laborzations designed to serve, in effect, as and, perhaps, further to restrict national certifications. The following persons are separately-incorporated departments of and member [State] banks from engaging not considered to be within the purview the bank, performing functions that the through subsidiaries in activities in which of section 212(a) (14) of the Act and do bank is empowered to perform directly. such banks were not directly empowered to engage, but not in the sense of holding the not require a labor certification: (1) A That question involves the interpreta­ entire stock of an operating corporation member of the Armed Forces of the tion of the following provision of section created by the bank. United States; (2) a spouse or child ac­ 5136 of the Revised Statutes (12 U.S.C. companying or following to join his 24), the so-called “stock-purchase Along the same lines, the contention has spouse or parent who either has a labor prohibition”: been advanced that the stock-purchase certification or is a nondependent alien Except as hereinafter provided or otherwise prohibition was intended by Congress who does not require such a certification; permitted by law, nothing herein contained only to prevent banks from investing de­ (3) a female alien who intends to marry shall authorize the purchase by [a national positors’ funds in corporate stock for in­ a citizen or alien lawful permanent resi­ bank] for its own account of any shares come and appreciation, in the way that dent of the United States, who estab­ of stock of any corporation. banks invest in debt obligations of the lishes satisfactorily that she does not in­ (b) The Board’s reexamination has Federal Government, municipalities, and tend to seek employment in the United confirmed its previous position that the private corporations. , States and whose gnance has graduated stock-purchase prohibition, which is (f) The Board did not adopt either her support; (4) an alien who will engage made applicable to member State banks of these constructions of the statutory in a commercial or agricultural enter­ by the twentieth paragraph of section 9 provisions. Although the prevention of prise in which he had invested or is of the Federal Reserve Act (12 U.S.C. such investment in stocks undoubtedly actively in the process of investing a 335), forbids the purchase by a member was a major Congressional purpose, it substantial amount of capital; (5) an State bank "for its own account of any appeared to the Board that the stock- alien who establishes satisfactorily that shares of stock of any corporation” (the purchase prohibition was intended gen­ he has been accepted by an institution statutory language), except as specifi­ erally to prevent the purchase of the of learning in the United States for a full cally permitted by provisions of Federal stock of corporations, including those course of study for at least 2 full aca­ law or as comprised within the concept created to perform functions that could demic years, and that he has sufficient of “such incidental powers as shall be be performed by the bank itself. The financial resources to support himself necessary to carry on the business of provisions have been so interpreted and and any dependent members of his banking,” referred to in the first sen­ applied by the Board (and by the Comp­ household and will not seek employment tence of paragraph “Seventh” of R.S. troller of the Currency until recently) during that period. 5136. since their enactment in the Banking (Sec. 103, 66 Stat. 173; 8 U.S.C. 1103) (c) The Federal banking statutes ex­ Act of 1933. plicitly permit the purchase of stock of a (g) One of the banking problems that This order shall be effective on the date number of kinds of corporations, includ­ principally concerned Congress in the of its publication in the F ederal R egis­ ing stock of Federal Reserve Banks, bank early 1930’s and that led to the enact­ ter. Compliance with the provisions of premises subsidiaries, safe deposit com­ ment of the Banking Acts of 1933 and section 4 of the Administrative Proce­ panies, “Edge” and “Agreement” corpo­ 1935 was the “affiliate system”, including dure Act (60 Stat. 238; 5 U.S.C. 1003) as rations, small business investment com­ member banks’ ownership of other cor-

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10022 RULES AND REGULATIONS porations. Among the objectives of the § 217.1 Definitions. (b) Savings deposits. No member Banking Act of 1933, as expressed by the * * * * * bank shall pay interest accruing at a Senate Banking Act of 1933, the stock- (g) Multiple maturity time deposit. rate in excess of 4 percent per annum, purchase prohibition of R.S. 5136 served The term “multiple maturity time compounded quarterly,2 regardless of the the purpose of confining the bank-affili­ deposit” means any time deposit (1) that basis upon which such interest may be ate system by preventing banks from is payable at the depositor’s option on computed, on any savings deposit. purchasing the stock of other corpora­ more than one date, whether on a speci­ tions, except to the limited extent speci­ 3a. The purpose of these amendments fied in that general prohibition. fied date or at the expiration of a speci­ is to decrease the rate of interest that (h) The Board also considered, among fied time after the date of deposit (e.g., member banks are permitted to pay on other contentions, the assertion that, a deposit payable at the option of the time deposits with alternative maturi­ despite the apparent intent of the terms depositor either 3 months or 6 months ties or with provision for automatic re­ of the pertinent statute and its legisla­ after the date of deposit), (2) that is newal at maturity, defined as “multiple tive history, it should not be interpreted payable after written notice of with­ maturity time deposits.” Formerly, to prevent the separate incorporation of drawal, or (3) with respect to which the member banks were permitted to pay in­ a banking department engaged in a underlying instrument or contract or any terest up to 5 V2 percent per annum on legitimate activity. The supporting ar­ informal understanding or agreement any time deposit, irrespective of matu­ gument would be that, if a proposed provides for automatic renewal at rity. (A time deposit does not include course of action cannot possibly produce maturity. a deposit contract that provides for pay­ the evil effect at which a statutory provi­ 2. Effective July 20,1966, § 217.6 (Sup­ment in less than 30 days (§217.1).) sion was directed, a construction of the plement to Regulation Q) is amended Now, for multiple maturity time deposits provision that would prevent such action to read as follows: with respect to which the depositor is would be unrealistic, and, by emphasiz­ permitted to withdraw his funds only ing statutory language rather than un­ § 217.6 Maximum rales of interest pay­ after periods of 90 days or more, the derlying purpose, would injure rather able on time and savings deposits by maximum permissible rate is 5 percent. than safeguard the public interest. member banks. For those such deposits with respect to which the depositor is permitted to with­ (i) The Board agreed that, if a pro­ Pursuant to the provisions of section posed course of action could not result draw his funds after periods of less than 19 of the Federal Reserve Act and § 217.3, 90 days, the maximum permissible rate is in any evil at which a statute is aimed, the Board of Governors of the Federal interpretation of the statute to prohibit 4 percent. Reserve System hereby prescribes the b. The requirements of section 4 of the such action should be avoided, if possi­ following maximum rates1 of interest ble. However, it appeared to the Board Administrative Procedure Act with re­ payable by member banks of the Federal spect to notice, public participation, and that this principle does not apply to the Reserve System on time and savings situation presented by the inquiries. Ex­ deferred effective date were not followed deposits: in connection with these amendments perience in the supervision of banks has (a) Time deposits. (1) No member revealed that the likelihood of unsafe because the Board found that the gen­ bank shall pay interest accruing at a rate eral credit situation and the public inter­ and unsound practices, violations of law, in excess of 5% percent per annum, com­ and other developments contrary to the est compelled it to make the action effec­ pounded quarterly,2 regardless of the tive no later than the date adopted. public interest is significantly greater basis upon which such interest may be when banks operate through subsidiary computed, on any time deposit, subject, (12 U.S.C. 248 (i), 371b, and 461) corporations. There appears to be an however, to the provisions of subpara­ Dated at Washington, D.C., this 15th inevitable tendency for some banks, in graphs (2) and (3) of this paragraph. day of July 1966. time, to regard their subsidiary corpora­ (2) No member bank shall pay inter­ tions as separate enterprises and there­ est accruing at a rate in excess of 5 By order of the Board of Governors. upon to conduct their operations in a percent per annum, compounded quar­ [seal] Merritt Sherman, way that is unsuitable for a part of a terly,2 regardless of the basis upon which Secretary. banking enterprise, to disregard perti­ such interest may be computed, on any [F.R. Doc. 66-8030; Filed, July 22, 1966; nent restrictions and requirements, and, multiple maturity time deposit received 8:46 a.m.] in particular, to venture through their on or after July 20, 1966, which is pay­ subsidiaries into activities that are be­ able only 90 days or more after the date yond the powers of the parent bank. It of deposit or 90 days or more after the is reasonable to infer that Congress, last preceding date on which it might Title 14— AERONAUTICS AND having in mind the predepression affili­ have been paid. ate system, concluded that the American (3) No member bank shall pay inter­ SPACE banking system and the general welfare est accruing at a rate in excess of 4 would be benefited by limiting the au­ percent per annum, compounded quar­ Chapter I—-Federal Aviation Agency thority of member banks to conduct their terly,2 regardless of the basis upon which operations through separately-incorpo­ such interest may be computed, on any [Docket No. 6758; Amdt. 39-263] rated organizations. multiple maturity time deposit received PART 39— AIRWORTHINESS (12 U.S.C. 248(1). Interprets 12 U.S.C. 24 on or after July 20, 1966, which is pay­ DIRECTIVES and 335) able less than 90 days after the date of Dated at Washington, D.C., this 14th deposit or less than 90 days after the Vickers Viscount Model 744, 745D, day of July 1966. last preceding date on which it might and 810 Series Airplanes have been paid. By order of the Board of Governors. A proposal to amend Part 39 of the [seal] Merritt Sherman, Federal Aviation Regulations by super­ 1 The maximum rates of interest payable seding Amendment 69 (24 F.R. 10714), Secretary. by member banks of the Federal Reserve [F.R. Doc. 66-8029; Filed, July 22, 1966; System on time and savings deposits as pre­ AD 59-26-3, as amended by Amendment 8:46 a.m.] scribed herein are not applicable to any 391 (27 F.R. 652), Vickers Viscount Model deposit which is payable only at an office 745D and 810 Series airplanes, to coin­ [Reg. Q] of a member bank located outside of the cide with revisions to the manufacturer’s States of the United States and the District Preliminary Technical Leaflet (PTL) PART 217— PAYMENT OF INTEREST of Columbia. upon which the AD is based, and to make ON DEPOSITS 2 This limitation is not to be interpreted the AD applicable to Model 744 airplanes as preventing the compounding of interest was published in 30 F.R. 8688. Maximum Rates of Interest at other than quarterly intervals, provided that the aggregate amount of such Interest Interested persons have been afforded 1. Effective July 20, 1966, § 217.1 isso compounded does not exceed the aggregate an opportunity to participate in the mak­ amended by inserting a new paragraph amount of interest at the rate above pre­ ing of the amendment. There were (g) as follows: scribed when compounded quarterly. comments that the spline wear on the

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10023

P/N 149327 clutch drive shafts is not suf­ fied in this AD if the request contains sub­ This amendment becomes effective ficient to warrant replacement at 5,000- stantiating data to justify the increase for August 2, 1966. landing intervals. After coordination that operator. (British Aircraft Corp. (Operating), Ltd., (Secs. 313(a), 601, and 603 of the Federal with the British Air Registration Board PTL 183, Issue 7, and Corrigendum, Modifica­ Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, and the manufacturer, the Agency has tions D.2766 and D.3008 (700 Series) , PTL 61, and 1423) , determined that the service life limit, on Issue 7, Modifications FG. 1294 and FG. 1803 clutch drive shafts, P/N 149327, and the (800/810 Series) and Rotax, Ltd., Modifica­ Issued in Washington, D.C., on July 18, repetitive inspection interval on flap mo­ tions 3017C and 3402C cover this subject.) 1966. J ames F. R udolph, tors, P/N C.9601/2, may be increased This supersedes Amendment 69 (24 from 5,000 to 7,000 landings without ad­ Acting Director, F.R. 10714) , AD 59-26-3 as amended by Flight Standards Service. versely affecting safety. In addition, the Amendment 391 (27 F.R. 652). Agency is adding a paragraph to the AD [FJt. Doc. 66-8015; Filed, July 22, 1966; This amendment becomes effective 8:45 a.m.] providing for the approval of an increase August 22, 1966. of all service life limits imposed by the AD through an FAA maintenance in­ (Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958; 49 U.S.C. 1354(a), 1421, [Airspace Docket No. 66-WE-29] spector. and 1423) In consideration of the foregoing, and PART 71— DESIGNATION OF FEDERAL pursuant to the authority delegated to Issued in Washington, D.C., on July 15, AIRWAYS, CONTROLLED AIRSPACE, me by the Administrator (25 F.R. 6489), 1966. AND REPORTING POINTS § 39.13 of Part 39 of the Federal Aviation C. W. Walker, Regulations is amended by adding the Director, Flight Standards Service. Designation of Transition Area; following new airworthiness directive: [F.R. Doc. 66-8014; Filed, July 22, 1966,— Correction Vickers. Applies to Viscount Models 744, 8:45 a.m.] . 745D, and 810 Series aircraft. On July 1, 1966, F.R. Doc. 66-7210 was Compliance required as indicated. published in the F ederal R egister (31 Flap Motors,-'P/N, C.9601, C.9601/1, and [Docket No. 7504; Arndt. 39-262] F.R. 9047) describing the Prosser, Wash., C.9601/2. Excessive wear has occurred on PART 39— AIRWORTHINESS transition area. the flap motor clutch drive shaft splines P/N Recent mathematical computations N117500, at the point of engagement with DIRECTIVES the clutch shaft, P/N N98825, which was re­ have determined that the direct radial vealed by failure of the flaps to operate elec­ Piper Model PA—23—250 and from the Pendleton, Oreg., VORTAC to trically. In addition, failures have occurred PA— E23—250 Airplanes Yakima, Wash., VOR is 310° T in lieu in the internal clutch drive shaft, P/N of 311° T. Accordingly, corrections are N117500, at a point adjacent to the splines at There have been engine power failures necessary to the descriptions of the the clutch shaft end, P/N N98825. This type due to induction system icing on Piper Prosser transition area and VOR Federal of failure does not affect the normal opera­ Model PA-23-250 and PA-E23-250 air­ Airway V-520. tion of the flap gearbox assembly and is re­ vealed only during overhaul. In the event of planes. Since this condition is likely to Since these corrections are minor in failure of the clutch' drive shaft, flap "blow exist or develop in other airplanes of the nature and impose no additional burden back" can occur under flap selection condi­ same type design, an airworthiness di­ on any person, notice and public proce­ tions creating a flight hazard. rective is being issued to impose an op­ dure herein are unnecessary, and the (a) Inspections: Flap Motor assemblies erating limitation prohibiting operation effective date of the final rule, as initially must be inspected in accordance with the into icing conditions until modification adopted, may be retained. “inspection procedure" detailed in PTL 183 of the alternate air systems on the sub­ In consideration of the foregoing, (700 Series) and PTL 61 (800/810 Series) as follows: ject airplanes. effective immediately, FJt. Doc. 66-7210 (1) Flap Motors, P/N C.9601 (i.e., those Since a situation exists that requires (31 F.R, 9047) is corrected by deleting embodying clutch drive shaft P/N N il7500), , immediate adoption of this regulation, it “311°" where it appears in the text, and at periods not exceeding 1,000 hours’ time in is found that notice and public proce­ substituting “310°” therefor. service. dure hereon are impracticable and good In § 71.123 (31 F.R. 2044) the descrip­ (2) Flap Motors, P/N C.9601/1 (i.e., those cause exists for making this amendment tion of V-520 is corrected, effective im­ embodying clutch drive shaft, P/N N145421), effective in less than 30 days. mediately, by deleting “311°" and sub­ at periods not exceeding 4,000 landings. In consideration of the foregoing, and stituting “310°” therefor. (3) Flap Motors, P/N C.9601/2 (i.e., those embodying clutch drive shift, P/N N149327), pursuant to the authority delegated to (Sec. 307(a), Federal Aviation Act of 1958, at periods not exceeding 7,000 landings. me by the Administrator (25 F.R. .6489), as amended (72 Stat. 749; 49 U.S.C. 1349)) (b) Approved Life: The clutch drive shafts § 39.13 of Part 39 of the Federal Aviation are now subject to the following maxium Regulations is amended by adding the Issued in Los Angeles, Calif., on July lives: following new airworthiness directive: 15,1966. (1) Clutch drive shaft, P/N N117500—4,000 Lee E. Warren, hours’ time in service. P iper. Applies to Model PA-23-250 and Acting Director, Western Region. - (2) Clutch drive shaft, P/N N145421— PA—E23—250 airplanes, serial numbers 4.000 landings. 27-2505 through 27-3139 and 27-3141 [F.R. Doc. 66-8016; Filed, July 22, 1966; (3) Clutch drive shaft, P/N N149327— through 27—3275, not equipped with tur­ 8:45 a.m.] 7.000 landings. bochargers. Compliance required as indicated, unless These shafts are to be replaced within the already accomplished. [Airspace Docket No. 66-CE-29]- above periods of approved life, irrespective To prevent engine power failures due to of the results of the dimensional wear test induction system icing, accomplish the PART 71— DESIGNATION OF FEDERAL given under the “inspection procedure” in following: the respective PTL’s mentioned above. (a) Within the next 10 hours’ time in serv­ AIRWAYS, CONTROLLED AIRSPACE, (c) For the purpose of complying with this ice after the effective date of this AD, until AND REPORTING POINTS AD, subject to acceptance by the assigned modified in accordance with paragraph (b), FAA maintenance inspector, the number of attach the following operating limitation Alteration of Transition Area landings may be determined by dividing each placard to the instrument panel in full view aircraft’s hours’ time in service by the opera­ of the pilot: On May 14, 1966, a notice of proposed tor’s fleet average time from takeoff to land­ “Do not operate into known or forecast rule making was published in the F ed­ ing for the aircraft type. Model 745D and icing conditions. ~ eral R egister (31 FJt. 7149) stating that 810 operators who have kept a record of Do not apply manual alternate air.” the Federal Aviation Agency proposed flights prior to the effective date of this AD (b) Within the next 100 hours’ time in to alter the controlled airspace in the may account for them in complying with this service after the effective date of this AD, AD by counting each flight as one landing. modify alternate air systems to provide Traverse City, Mich., terminal area. (d) Upon request of the operator, an FAA heated alternate air in accordance with Piper Interested parties were afforded an maintenance inspector, subject to prior ap­ Service Bulletin No. 230A, dated May 6, 1966, opportunity to participate in the rule proval of the Chief, Aircraft Certification incorporating Kit No. 757021. making through the submission of com­ Staff, Europe, Africa, Middle East Region, (Piper Service Bulletin No. 230, dated ments. The one comment received was may adjust the replacement intervals speci­ March 4, 1966, also pertains to this subject.) favorable.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10024 RULES AND REGULATIONS

In consideration of the foregoing, Part Aviation Agency assumed operation of Issued in Los Angeles, Calif., on July 71 of the Federal Aviation Regulations the Control Tower, ILS, VOR, and RBN. 15,1966. is amended effective 0001 e.s.t., Septem­ As a result of this change in status of the Lee E. W arren, ber 15, 1966, as hereinafter set forth: airport, a reduction in the currently des­ Acting Director, Western Region. In § 71.181 (31 F.R. 2149) the Traverse ignated controlled airspace is possible. [F.R. Doc. 66-8019; Filed, July 22, 1966; City, Mich., transition area is amended Since the changes effected by these 8:45 a.m.] to read: amendments are less restrictive in nature T raverse City, Mic h . and impose no additional burden on any That airspace extending upward from 700 person, notice and public procedure here-? [Airspace Docket No. 66-WE-8] feet above the surface within a 15-mile on are unnecessary. PART 71— designation o f fed er a l radius of the Traverse City VOR. In consideration of the foregoing, Part AIRWAYS, CONTROLLED AIRSPACE, (Sec. 307(a), Federal Aviation Act of 1958 71 of the Federal Aviation Regulations (49 U.S.C. 1348)) < : is amended, effective 0001 e.s.t., Septem­ AND REPORTING POINTS ber 15, 1966, as hereinafter set forth: Alteration of Federal Airways Issued in Kansas City, Mo., on July 11, In § 71.171 (31 F.R. 2117) the Moses 1966. Lake, Wash., control zone is revoked. On April 7, 1966, a notice of proposed E dward C. Marsh, In § 71.171 (31 F.R. 2065) the follow­ rule making was published in the F ed­ Director, Central Region. ing control zone is added : eral R egister (31 F.R. 5498) stating that [F.R. Doc. 66-8017; Filed, July 22, 1966; Grant County, Wash. the Federal Aviation Agency was con­ 8:45 a.m.] sidering an amendment to Part 71 of the Within a 5-mile radius of Grant County Airport, Moses Lake, Wash. (latitude Federal Aviation Regulations that would [Airspace Docket No. 66-WE-28] 47°12'35" N., longitude 119°18'50'' W.); alter V-112. within 2 miles each side of the Ephrata VOR Interested persons were afforded an PART 71— DESIGNATION OF FED­ 156° radial, extending from the 5-mile radius opportunity to participate in the rule ERAL AIRWAYS, CONTROLLED AIR­ zone to 4 miles SE of the VOR, and within 2 making through the submission of com­ SPACE, AND REPORTING POINTS miles W and 2.5 miles E of the Moses Lake ments. Due consideration was given to ILS localizer S course, extending from the all comments received. The Air Trans­ Alteration of Transition Area; 5-mile radius zone to the Moses Lake RBN (latitude 47°16'57" N., longitude 119°16'23" port Association of America endorsed the Correction W.), excluding the portion within the proposal. No other comments were Ephrata, Wash., control zone. This control received. On July 2, 1966, F.R. Doc. 66-7256 was zone shall be effective during the times In consideration of the foregoing, Part published in the F ederal R egister (31 established in advance by a Notice to Airmen 71 of the Federal Aviation Regulations is F.R. 9109). It contained amendments to and continuously published in the Airman’s amended, effective 0001 e.s.t., Septem­ Part 71 of the Federal Aviation Regula­ Information Manual. ber 15, 1966, as hereinafter set forth. tions, including an amendment to the In § 71.181 (31 F.R. 2227) the Moses Section 71.123 (31 F.R. 2009) is 700-foot portion of the Phoenix, Ariz., Lake, Wash., transition area is amended amended as follows: In V-112 all after transition area. “Pendleton;” is deleted and “53 miles 12 The description of the Phoenix, Ariz., as follows: Moses Lake, Wash. AGL, 28 miles 45 MSL, 12 AGL Spokane, transition area was incorrectly phrased. Wash., including a W alternate from Therefore, F.R. Doc. 66-7256 (31 F.R. That airspace extending upward from 700 Pendleton 12 AGL via Pasco, Wash., 35 9109), is corrected to read: “In § 71.181 feet above the surface within a 5-mile radius miles 12 AGL, 35 MSL INT Pasco 035° (31 F.R. 2239) the 700-foot portion of of the Grant County Airport, Moses Lake, Wash, (latitude 47°12'35'' N., longitude and Spokane 221° radials; 6 miles 35 the Phoenix, Ariz., transition area is 119°18'50'' W.); within 2 miles each side MSL, 12 AGL to Spokane, excluding the amended as follows:” of the Ephrata VOR 156° radial, extending airspace between the main and this W Since this correction is editorial in from the 5-mile radius area to 4 miles SE alternate.” is substituted therefor. nature and imposes no additional burden of the Ephrata VOR; within 2 miles W and on any person, notice and public proce­ 2.5 miles E of the Moses' Lake ILS localizer (Sec. 307(a), Federal Aviation Act of 1958 dure hereon are unnecessary, and the S course, extending from the 5-mile radius (49 U.S.C. 1348)) effective date of the final rule, as initially area to 10.5 miles S of the Moses Lake RBN; Issued in Washington, D.C., on July 18, adopted, may be retained. / within 7 miles SE and 10 miles NW of the Ephrata VOR 042° and 222° radials, ex­ 1966. (Sec. 307(a), Federal-Aviation Act of 1958, tending from 8 miles SW to 14 miles NE of H. B. H elstrom, as amended (49 U.S.C. 1348)) * the VOR; and that airspace extending up­ Chief, Airspace and ward from 1,200 feet above the surface with­ Air Traffic Rules Division. Issued in Los Angeles, Calif., bn July in 15 miles E and JO miles W of the Moses 15,1966. [F.R. Doc. 66-8020; Filed, July 22, 1966; Lake VOR 161° and 341° radials, extending 8:45 a.m.] Lee E. Warren, from 27 miles S to 14 miles N of the VOR; Acting Director, Western Region. within 5 miles SW and 8 miles NE of the [F.R. Doc. 66-8018; Filed, July 22, 1966; Ephrata" VOR 336° radial, extending from [Airspace Docket No. 65—WE-120] 8:45 a.m.] the VOR to 12 miles NW of the VOR; that airspace NE of Moses Lake bounded on the PART 71— designation o f f ed er a l NW by a line 5 miles NW of and parallel to the Ephrata ’VOR 066° radial, on the E by AIRWAYS, CONTROLLED AIRSPACE, [Airspace Docket No. 66-WE-47] an arc of a 52-mile radius circle centered on AND REPORTING POINTS PART 71— designation o f fe d er a l Fairchild Air Force Base, Spokane, Wash, (latitude 47°36’55" N„ longitude 117°39'20" Alteration of Federal Airway AIRWAYS, CONTROLLED AIRSPACE, W.), on the SE by a line 5 miles SE of and AND REPORTING POINTS parallel to the Moses Lake VOR 067° radial, On May 17, 1966, a notice of proposed on the W by longitude 119°15'00" W.; and rule making was published in the F ederal Designation and Revocation of Con­ that airspace W of Moses Lake bounded on R egister (31 F.R. 7187) stating that the trol Zones and Alteration of Tran­ the N by latitude 47°30'00" N., on the E by Federal Aviation Agency was consider­ sition Areas longitude 119°15'00" W„ on the S by lati­ ing an amendment to Part 71 of the Fed­ tude 47°00'00" N.; and on the W by an arc eral Aviation Regulations that would The purpose of these amendments to of a 39-mile radius circle centered on the Grant County Airport. designate a south alternate to V-448 Part 71 of the Federal Aviation Regula­ from Portland, Oreg., to Yakima, Wash. tions is to alter the controlled airspace In § 71.181 (31 F.R. 2258) the Spokane, Interested persons were afforded an in the Grant County Airport, Wash, Wash., transition area is amended by .opportunity to participate in the pro­ (formerly Larson AFB) terminal area. deleting “excluding the portion within posed rule making through the submis­ The Air Force has ceased operations a 39-mile radius of Larson AFB, Moses sion of comments. All comments were at Larson AFB, Wash., and the airport Lake, Wash.” favorable. has been redesignated the Grant County (Sec. 307(a), the Federal Aviation Act of In consideration of the foregoing, Part Airport. On July 1, 1966, the Federal 1958, as amended (72 Stat. 749; U.S.C. 1349) 71 of the Federal Aviation Regulations is

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10025 amended, effective 0001 e.s.t., Septem­ aircraft will be operated in international the effective date of the final rule as ber 15,1966, as hereinafter set forth. airspace with due regard for the safety initially adopted may be retained. The Section 71.123 (31 F.R. 2009) is of civil aircraft. description of the Lincoln transition area amended as follows: In V—448 “via Since this amendment involves, in part, as set forth in the final rule was correct Yakima, Wash.;” is deleted and “via the designation of navigable airspace and will not be repeated in this amend­ Yakima, Wash., including an S alter­ outside the United States, the Adminis­ ment. nate;” is substituted therefor. trator has consulted with the Secretary In consideration of the foregoing, Air­ space Docket No. 66-CE-30 (31 F.R. (Sec. 307(a), Federal Aviation Act of 1958 of State and the Secretary of Defense in (49 U.S.0.1348)) accordance with the provisions of Execu­ 8910) is amended, effective August 18, tive Order 10854. 1966, as follows: Issued in Washington, D.C., on July 15, Since the airspace being excluded is (1) In § 71.171 (31 F.R. 2065) the Lin­ 1966. not required for the protection of IFR coln, Nebr., control zone is amended to T. McCormack, operations within Control 1445 and is read: Acting Chief, Airspace and being released for other purposes, the Lincoln, Nebr. Air Traffic Rules Division. burden upon the public is reduced. For Within a 6-mile radius of Lincoln Airport [F.R. Doc. 66-8021; Filed, July 22, 1966; this reason, the Administrator finds that (latitude 40°50'45'' N., longitude 96°45'20'' 8:45 a.m.] notice and public procedure on this W.); and within 2 miles each side of the amendment are unnecessary. Lincoln ILS localizer N course extending„from In consideration of the foregoing, Part the 6-mile radius to 14 miles N of the Lin­ [Airspace Docket No. 66—WE-34] coln Airport and within 2 miles either side 71 of the Federal Aviation Regulations of the Lincoln VORTAC 015° radial extend­ PART 71— DESIGNATION OF FEDERAL is amended, effective 0001 e.s.t., Septem­ ing from the 6-mile radius to 8 miles N of AIRWAYS, CONTROLLED AIRSPACE, ber 15, 1966, as hereinafter set forth. the Lincoln VORTAC; and within 2 miles In § 71.163 (31 F.R. 2050) Control 1445 each side of the Lincoln VORTAC 187° radial AND REPORTING POINTS is amended by adding at the end of text extending from the 6-mile radius to 13 miles Alteration of Control Area “The portion within W-601 is excluded.” S of the Lincoln VORTAC, excluding the air­ space within a 1-mile radius of Arrow Air­ The purpose of this amendment to _ (Secs. 307(a), 1110, Federal Aviation Act of port (latitude 40°52'00" N„ longitude 96°, 1958 (49 U.S.C. 1348, 1510); E.O. 10854 ( 24 39T5” W.). Part 71 of the Federal Aviation Regula­ F.R.9565)) tions is to exclude the portion of Control (2) In § 71.123 (31 F.R. 2009), V-71 1445 which lies within Cape Flattery, Issued in Washington, D.C., on July 15, is amended by deleting from the text, Wash., Warning Area W-601. 1966. “1,200 feet AGL INT of Pawnee City 334° Action is taken herein to exclude from T. M cCormack, and Raymond, Nebr., 146° true radials; the description of Control 1445 the small Acting Chief, Airspace and 1.200 feet AGL Raymond,” and substitut­ portion of this control area which lies Air Traffic Rules Division. ing therefor, “1,200 feet AGL INT of within W-601. This exclusion would [F.R. Doc. 66-8022; Filed, July 22, 1966; Pawnee City 334° and Lincoln, Nebr., eliminate the overlap of airspace between 8:45 a.m.] 146° true radials; 1,200 feet AGL Lin­ Control 1445 and W-601. coln”. As this amendment relates to the nav­ (3) In §71.123 (31 F.R. 2009), V-138 igable airspace outside the United States, [Airspace Docket No. 66—CE-30] is amended by deleting from the text, his rule is submitted in consonance with “1,200 feet AGL INT of Grand Island the ICAO International Standards and PART 71— designation o f f ed er a l AIRWAYS, CONTROLLED AIRSPACE, 099° and Raymond, Nebr., 267° true Recommended Practices. radials; 1,200 feet AGL Raymond; 1,200 Applicability of International Stand­ AND REPORTING POINTS feet AGL INT Raymond 040° and Neola, ards and Recommended Practices, by the Iowa, 251° true radials,” and substitut­ Air Traffic Service, FAA, in areas outside Alteration of Control Zone and Transition Areas ing therefor, “1,200 feet AGL INT of domestic airspace of the U.S. is governed Grand Island 099° and Lincoln, Nebr., by Article 12 and Annex 11 to the Con­ On June 28,1966, a final rule was pub­ 267° true radials; 1,200 feet AGL Lincoln; vention on International Civil Aviation lished in the F ederal R egister (31 F.R. 1.200 feet AGL INT of Lincoln 040° and (ICAO), which pertains to the establish­ 8910) altering the Lincoln, Nebr., transi­ Neola, Iowa, 251° true radials”. ment of air navigation facilities and tion area and Federal Airways V-71 and (Sec. 307(a), Federal Aviation Act of 1958 services necessary to promoting the safe, V-138. (49 U.S.C. 1348)) orderly, and expeditious flow of civil air This rule should have included an traffic. Its purpose is to insure that civil amendment to the Lincoln, Nebr., control Issued in Kansas City, Mo., on July 11, flying on international air routes is car­ zone correcting the Lincoln Airport coor­ 1966. ried out under uniform conditions de­ dinates cited therein and redesignating Edward C. Marsh, signed to improve the safety and effi­ all references to the Raymond VORTAC Director, Central Region. ciency of air operations. and Lincoln AFB to the Lincoln VORTAC [F.R. Doc. 66-8079; Filed, July 22, 1966; The International Standards and Rec­ and Lincoln Airport, respectively. 8:51 a.m.] ommended Practices in Annex 11 apply On May 3, 1966, F.R. Doc. 66-4763 was in those parts of the airspace under the published in the F ederal R egister (31 [Airspace Docket No. 66-SO-40] jurisdiction of a contracting state, de­ F.R. 6582) which will amend § 71.123 of rived from ICAO, wherein air traffic the Federal Aviation Regulations by es­ PART 71— DESIGNATION OF FEDERAL services are provided and also whenever tablishing a 1,200-foot AGL floor on AIRWAYS, CONTROLLED AIRSPACE, a contracting state accepts the responsi­ Federal Airway V-71, effective July 21, AND REPORTING POINTS bility of providing air traffic services over 1966. On May 26,1966, F.R. Doc. 66-5742 Designation of Transition Area high seas or in airspace of undetermined was published in the F ederal R egister sovereignty. A contracting state accept­ (31 F.R. 7556) which will amend § 71.123 On June 11, 1966, a notice of proposed ing such responsibility may apply the of the Federal Aviation Regulations by rule making was published in the F ed­ International Standards and Recom­ establishing a 1,200-foot AGL floor on eral R egister (31 F.R. 8242) stating that mended Practices to civil aircraft in a Federal Airway V-138, effective July 21, the Federal Aviation Agency was con­ manner consistent with that adopted for 1966. References to the establishment of sidering an amendment to Part 71, of airspace under its domestic jurisdiction. the 1,200-foot AGL floors were not in­ the Federal Aviation Regulations that In accordance with Article 3 of the cluded in the redesignations of V-71 and would designate the Lawrenceville, Ga., Convention on International Civil Avi­ V-138 as set forth in this rule. transition area. ation, Chicago, 1944, state aircraft are Action is taken herein to correct these Interested persons were afforded an exempt from the provisions of Annex 11 discrepancies. Since these changes are opportunity to participate in the rule and its Standards and Recommended minor in nature and impose no additional making through the submission of com­ Practices. As a contracting state, the burden on any person, notice and public ments. All comments received were U.S. agreed by Article 3(d) that its state procedure hereon are unnecessary and favorable.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 No. 142-----2 10026 RULES AND REGULATIONS

In consideration of the foregoing, Part que Isle, Maine. The portion outside the 12. In V-106 all after “12 AGL Pough­ 71 of the Federal Aviation Regulations is United States has no upper limit except keepsie, N.Y.;” is deleted and “12 AGL. amended, effective 0001 e.s.t., Septem­ that the portion of the E alternate be­ Westfield, Mass.; 12 AGL Gardner, ber 15, 1966, as hereinafter set forth. tween Jacksonville and Savannah ex­ Mass.; 12 AGL Manchester, NJEL; 12 Tn § 71.181 (31 F.R. 2149) the follow­ tends up to but does not include 18,000 AGL Kennebunk, Maine.” is substituted ing transition area is added: feet MSL. therefor. Lawrencevhae, Ga. 3. In V-14 all after “Albany, N.Y. 270° 13. In V-123 all after “12 AGL Carmel, radials;” is deleted and “12 AGL Albany; That airspace extending upward from 700 N.Y.;” is deleted and “12 AGL INT Car­ feet above the surface within a 6-mile ra­ 12 AGL INT Albany 094° and Gardner, mel 031° and Poughkeepsie, N.Y., 099° dius of the Gwinnett County Airport (lati­ Mass., 284° radials; 12 AGL Gardner; 12 radials; 12 AGL Westfield, Mass.” is sub­ tude 33°58'53” N., longitude 83°57'50" W.); AGL INT Gardner 132" and Boston, stituted therefor. within 2 miles each side of the Norcross Mass., 256" radials; 12 AGL Boston. 14. V-130 is amended to read as fol­ VORTAC 077° radial extending from the Nor­ The airspace within R-5207 is excluded.” lows: cross VORTAC to 16 miles east. is substituted therefor. V—130 From Albany, N.Y., 12 AGL Hart­ (Sec. 307(a), Federal Aviation Act of 1958 4. In V-16 all after “12 AGL River- ford, Conn.; 12 AGL Norwich, Conn.; 12 AGL (49 U.S.C. 1348(a) ) ' head;” is deleted and “12 AGL Norwich, INT Norwich 090° radial and Providence, R.I., Conn, ; 12 AGL Boston, Mass. The air­ ILS localizer S course. Issued in East Point, Ga., on July 14, space within Mexico and the airspace 1966. 15. In V-139 all between “12 AGL below 2,000 feet MSL outside the United Hampton;” and “The airspace below W illiam M. F lener, States is excluded.” is substituted there­ Acting Director, Southern Region. 2,000 feet MSL” is deleted and “12 AGL for. INT Hampton 059" and Providence, R.I., [F.R. Doc. 66-8080; Filed, July 22, 1966; 5. In V-29 all after “12 AGL Water- 8:51 a.m.] 212° radials; 12 AGL Providence; 6 miles town, N.Y.;” is deleted and “12 AGL INT wide, 12 AGL Whitman, Mass., including Watertown 033° and Massena, N.Y., 241° a 12 AGL E alternate; 12 AGL INT Whit­ [Airspace Docket No. 65-EA-105] radials; 12 AGL Massena. The airspace man 041° and Manchester, N.H., 130" within R-4006 is excluded.” is substituted radials; 12 AGL INT Manchester 130" pa rt 71 — DESIGNATION OF FEDERAL therefor. and Boston, Mass., 015’ radials; 12 AGL AIRWAYS, CONTROLLED AIRSPACE, 6. In V-39 all after “12 AGL Pough­ INT Manchester 117" and Boston 015° AND REPORTING POINTS keepsie;” is deleted and “12 AGL West- radials.” is substituted therefor. field, Mass.; 12 AGL Gardner, Mass.; 12 16. V-141 is amended to read as fol­ Alteration of Federal Airways AGL Concord, N.H.; 12 AGL Kennebunk, lows: On March 23, 1966, a notice of pro­ Maine; 12 AGL Augusta, Maine; 12 AGL INT Augusta 025" and Millinoeket, V-141 From Nantucket, Mass., 12 AGL posed rule making was published in the Maine, 228° radials; 12 AGL Millinoeket; Hyannis, Mass.; 12 AGL INT Hyannis F ederal R egister (31 F.R. 4841) stating 12 AGL Presque Isle, Maine; 12 AGL INT 332° and Boston, Mass., 133° radials; 12 AGL that the Federal Aviation Agency was Boston; 12 AGL INT Boston 015° and Man­ considering amendments to Part 71 of Presque Isle 356° radial and the United chester, N.H., 117° radials; 12 AGL Man­ the Federal Aviation Regulations that States/Canadian border.” is substituted chester; 12 AGL Concord, N.H.; 12 AGL would raise the floors of Federal airway therefor. Lebanon, N.H., including a 12 AGL E alter­ segments in the Boston, Mass., Air Route 7. In V-72 aU after “12 AGL Rockdale, nate via INT Concord 011° and Kennebunk, N.Y.;” is deleted and “12 AGL Albany, Maine, 281° radials; 12 AGL Burlington, Vt.; Traffic Control Center area. 12 AGL Massena, N.Y. Interested persons were afforded an N.Y.; 12 AGL Cambridge, N.Y.; 12 AGL opportunity to participate in the rule INT Cambridge 063° and Keene, N.H., 17. V-146 is amended to read as making through the submission of com­ 341° radials.” is substituted therefor. follows: 8. V-91 is amended to read as follows: ments. All comments were given due V-146 From Poughkeepsie, N.Y., 12 AGL consideration. The Director of Aero­ V—91 From Riverhead, N.Y., 12 AGL Putnam, Conn.; 12 AGL Providence, R.I.; 12 nautics, Commonwealth of Massachu­ Poughkeepsie, N.Y.; 12 AGL INT Poughkeep­ sie 342° and Albany, N.Y., 181” radials; 12 AGL Martha’s Vineyard, Mass.; 12 AGL Nan­ setts, endorsed the proposals. The Air AGL Albany; 12 AGL Glens Falls, N.Y.; 12 tucket, Mass. Transport Association of America con­ AGL INT Glens Falls 032° and Burlington, 18. V-151 is amended to read as curred in the proposals provided that Vt., 187° radials; 12 AGL Burlington; 12 AGL cardinal altitudes could be retained. Plattsbuxg, N.Y.; 12 AGL St. Eustache, Que­ follows: Such altitudes have been retained where bec, Canada. The airspace within Canada V-151 From Providence, RJ., 12 AGL possible. is excluded. Gardner, Mass.; 12 AGL Keene, N.H.; 12 AGL Subsequent to publication of the No­ Lebanon, N.H., including a 12 AGL W alter­ 9. In V-93 all after “12 AGL Allen­ nate via INT Keene 341° and Lebanon 211° tice, V-72, V-106 and V-431 have been town, Pa.” is deleted and “From Pough­ altered (31 F.R. 5057, 7031) and such radials; 12 AGL Montpelier, Vt.; 12 AGL keepsie, N.Y., 12 AGL Chester, Mass.; 12 Burlington, Vt. alterations are reflected herein. AGL INT Chester 040° and Keene, N.H., In consideration of the foregoing, Part 231° radials; 12 AGL Keene; 12 AGL 19. In V-167 all after “12 AGL Hart­ 71 of the Federal Aviation Regulations is Concord, N.H.; 12 AGL INT Concord 041° ford, Conn.;” is deleted and “12 AGL INT amended, effective 0001 e.s.t., Septem­ and Augusta, Maine, 239° radials; 12 Hartford 076° and Providence, R.I., 270" ber 15, 1966, as hereinafter set forth. AGL Augusta; 12 AGL Bangor, Maine; 12 radials; 12 AGL Providence; 12 AGL A. Section 71.123 (31 F.R. 2009, 3234,AGL Princeton, Maine; 12 AGL INT INT Providence 101° and Hyannis, Mass., 5057, 5058, 5287, 6484, 6487, 6582, 7279, Princeton 057° radial and the United 224" radials; 12 AGL Hyannis. The air­ 7556) is amended as follows: States/Canadian border. The airspace space below 2,000 feet MSL outside the 1. in V-2 all after “12 AGL Utica, within R-4005, R-4006, and R-4007 is United States is excluded.” is substituted N.Y.;” is deleted and “12 AGL Albany, excluded.” is substituted therefor. therefor. N.Y.; 12 AGL INT Albany 094° and 10. In V-98 all after “Toronto, On­ 20. V-196 is amended to read as Gardner, Mass., 284° radials; 12 AGL tario, Canada;” is deleted and “Stirling, follows: Gardner; 12 AGL Boston, Mass. The Ontario, Canada; 12 AGL Massena, N.Y.; airspace within Canada is excluded.” is V—196 From Utica, N.Y., 12 AGL Saranac 12 AGL St. Johns, Quebec, Canada. The Lake, N.Y.; 12 AGL Plattsburg, N.Y. substituted therefor. airspace within Canada is excluded.” is 2. In V-3 all after “12 AGL Hartford, substituted therefor. 21. V-203 is amended to read as Conn.;” is deleted and “12 AGL INT 11. V-104 is amended to read as fol­ follows: Hartford 044° and Boston, Mass., 256° lows: radials; 12 AGL Boston; 12 AGL Kenne- V-203 From Norwich, Conn., 12 AGL Ches­ V-104 From Ottawa, Ontario, Canada, ter, Mass.; 12 AGL INT Chester 293° and bunk, Maine; 12 AGL Augusta, Maine; INT Ottawa 095° and Massena, N.Y., 330° Albany, N.Y., 139° radials; 12 AGL Albany; 12 AGL Bangor, Maine; 12 AGL INT radials; 12 AGL Massena; 12 AGL Plattsburg, 12 AGL Saranac Lake, N.Y.; 12 AGL Massena, Bangor 039* and Houlton, Maine, 203° N.Y. The airspace within Canada is ex­ N.Y.; 12 AGL St. Eustache, Quebec, Canada. radials; 12 AGL Houlton; 12 AGL Pres­ cluded. The airspace within Canada is excluded.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10027

22. In V-270 all after “12 AGL Bing­ 002° and Glens Falls,,N.Y., 032° radials; [Airspace Docket No. 65-WE-97] hamton, N.Y.;” is deleted and “12 AGL 12 AGL Burlington, Vt.; 12 AGL INT DeLancey, N.Y.; 12 AGL Chester, Mass.” Burlington 359° and St. Johns, Quebec, PART 71— designation o f fed er a l is substituted therefor. Canada, 158° radiais; 12 AGL St. Johns. AIRWAYS, CONTROLLED AIRSPACE, 23. V-282 is amended to read as The airspace within Canada is excluded.” AND REPORTING POINTS is substituted therefor. follows: PART 73— SPECIAL USE AIRSPACE V-282 From Saranac Lake, N.Y., 12 AGL 35. V-489 is amended to read as St. Eustache, Quebec, Canada. The airspace follows : Designation of Restricted Areas and within Canada is excluded. V-489 From INT Sparta, N.J., 194° and Alteration of Restricted Area and 24. In V-292 all after “12 AGL Hart­ Stillwater, N.J., 110° radials; 12 AGL Sparta; Controlled Airspace 12 AGL Kingston, N.Y.; 12 AGL Albany, N.Y.; ford, Conn.;” is deleted and “12 AGL 12 AGL Glens Falls, N.Y.; 12 AGL Platts­ On March 15, 1966, a notice of pro­ Putnam, Conn.; 12 AGL INT. Putnam burgh, N.Y. 043° and Boston, Mass., 256° radials; 12 posed rule making was published in the AGL Boston.” is substituted therefor. . F ederal R egister (31 F.R. 4414) stating 36. V-490 is amended to read as that the Federal Aviation Agency (FAA) 25. V-302 is amended to read as follows: was considering amendments to Parts 71 follows: Vr490 From Utica, N.Y., 12 AGL Cam­ and 73 of the Federal Aviation Regula­ V-302 From Augusta, Maine, 12 AGL INT bridge, N.Y.; 12 AGL Manchester, N.H.; 12 tions that would designate the Rawhide, Augusta 123° and Bangor, Maine, 192° radials. AGL INT Manchester 117° and Boston, Mass., Nev., Restricted Area R-4812; designate 26. In V-308 all between “Hampton;” 015° radials. the Carson Sink, Nev., Restricted Area and “The airspace below 2,000 feet MSL” 37. V-496 is amended to read as R-4813; raise the ceiling of Twin Peaks, is deleted and “12 AGL INT Hampton follows : Nev., Restricted Area R-4804; and in­ 059° and Norwich, Conn., 177° radials; clude Restricted Areas R-4812 and 12 AGL Norwich; 12 AGL Putnam, V-496 From Utica, N.Y., 12 AGL Glens R-4813 in the continental control area. Conn.; 12 AGL INT Putnam 043° and Falls, N.Y. Interested persons were afforded an Boston, Mass., 256° radials; 12 AGL 38. In V-300 “From Sherbrooke, Que­ opportunity to participate in the rule- Boston.” is substituted therefor. bec, Canada, via Millinocket, Maine; making through submission of com­ 27. V-322 is amended • to read as to Fredericton, New Brunswick, Canada.” ments, and due consideration was given follows: is deleted and “From Sherbrooke, Que­ to all relevant matter presented. V—322 From INT Sherbrooke, Quebec, bec, Canada, 86 miles 52 MSL, 12 AGL The Air Transport Association of Canada, 150° and Montpelier, Vt., 069° ra­ Millinocket, Maine; 12 AGL Fredericton, America interposed no objection to the dials; 12 AGL Sherbrooke. The airspace New Brunswick, Canada. The airspace proposal but did express concern for within Canada is excluded. restricted airspace encroachment on within Canada is excluded.” is substi­ major jet route segments. The FAA 28. V-431 is amended to read as tuted therefor. follows: shares this concern and intends to 39. V-314 is amended to read as restrict such encroachment to the ab­ V-431 From Boston, Mass., 12 AGL INT follows : solute minimum consistent with common Boston 015° and Gardner, Mass., 097° ra­ dials; 12 AGL Gardner. From Keene, N.H., V-314 From Quebec, Province of Quebec, airspace need. 12 AGL Glens Falls, N.Y.; 12 AGL INT Glens Canada, 99 miles 55 MSL, 12 AGL Millinocket, The Bureau of Land Management, Falls 286° and Albany, N.Y., 350° radials. Maine; 12 AGL Princeton, Mainé; 12 AGL St. Department of the Interior, objected to John, New Brunswick, Canada. The airspace the proposal on the basis of several 29. V-447 is amended to read as within Canada is excluded. delays in dispatching the Bureau’s fire­ follows: 40. V-318 is amended to read as fighting aircraft into existing Navy re­ V—447 From Montpelier, Vt., 12 AGL INT follows: stricted areas. The Department of the Montpelier 020° and Sherbrooke, Quebec, Navy has assured the FAA that coordi­ Canada, 217° radials; 12 AGL Sherbrooke. V-318 From Quebec, Province of Quebec, nation will be effected with the Bureau The airspace within Canada is excluded. Canada, 81 miles 65 MSL, 26 miles 85 MSL, to permit regular patrol and quick emer­ 12 AGL Houlton, Maine. The airspace within 30. V-451 is amended to read as Canada is excluded. gency access in the existing as well as follows : in the proposed restricted areas. B. Section 71.103 (31 F.R. 2006) is V-451 From INT Whitman, Mass., 117° Six other comments, all objecting to and Providence, R.I., 118° radials, 12 AGL amended as follows: In G -l all before the proposal, were received. These ob­ Whitman; 12 AGL Boston, Mass. “to Fredericton, New Brunswick, Can­ jections, ’ similar in content, may be summarized as follows: 31. V-457 is amended to read as ada,” is deleted and “From the Sher­ brooke, Quebec, Canada, RBN, 82 miles 1. Much general aviation traffic nor­ f ollows : mally traverses the proposed restricted V-457 From Norwich, Conn., 12 AGL 52 MSL, 12 AGL Millinocket, Maine, area R-4813. Providence, R.I.; 12 AGL INT Providence 013° RBN; 12 AGL Forest City, New Bruns­ 2. R-4813 will impose a detour on this and Boston, Mass., 223° radials; 12 AGL wick, Canada, RBN;” is substituted traffic, or a hazard in the event an air­ Boston. therefor. craft penetrates the area through in­ 32. V-471 is amended to read as C. Section 71.109 (31 F.R. 2007) is ability to recognize its boundaries. follows: amended as follows: B-63 is amended to 3. The proposed R-4812 and R-4813, added to the existing R-4803, Rr-4804 V-471 From INT Princeton. Maine, 208° read as follows: and R-4810, would surround and possibly and Bangor, Maine, 132° radials; 12 AGL B-63 From the Laconia, N.H., RBN, 12 isolate the Fallon Municipal Airport, Bangor; 12 AGL Millinocket, Maine; 12 AGL AGL North Conway, N.H., RBN; 12 AGL curtailing activity at a progressive and Houlton, Maine; 12 AGL INT Houlton 085° Berlin, N.H., RBN. and the United States/Canadian border. developing airport, and adversely affect (Sec. 307(a), Federal Aviation Act of 1958 the livelihood of the Fallon fixed base 33. V-475 is amended to read as (49 U.S.C. 1348) ) operator. follows: 4. The need for military training areas Issued in Washington, D.C., on July V—475 From Deer Park, N.Y., 12 AGL is recognized but the proposed R^4813 Madison, Conn.; 12 AGL Putnam, Conn., in­ 18, 1966. should be sited off airways, in an area cluding a 12 AGL E alternate via Norwich, where it will have less impact on private Conn. H. B. H elstrom, and business aircraft. Chief .Airspace and Air Careful consideration has been given 34. In V-487 all after “12 AGL Pough­ Traffic Rules Division. to these objections and adjustments to keepsie, N.Y.;” is deleted and “12 AGL [F.R. Doc. 66-8081; Filed, July 22, 1966; the proposed Rr-4813 have been agreed Cambridge, N.Y.; 12 AGL INT Cambridge 8:52 a.m.] to by the Department of the Navy to

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10028 RULES AND REGULATIONS

alleviate all possible adverse effect on tinental United States, and the only area Issued in Washington, D.C., on July the public. All available data indicates in the Fallon vicinity, that meets these 18,1966. that far less than average general avia­ criteria. W illiam E. Morgan, tion traffic operates over the Fallon area The FAA recognizes that the area will Acting Director, Air Traffic Service. generally and Carson Sink, in particular. cause some inconvenience to certain civil [F.R. Doc. 66-8082; Filed, July 22, 1966; The Lovelock, Nev., Flight Service Sta­ users of the area. However, the Agency, 8:52 a.m.] tion, immediately north of the proposed in exercising its authority and responsi­ R-4813, reported 9,709 VFR general avia­ bility, must give full consideration to tion radio contacts during 1965, which is the airspace requirements involving na­ [Airspace Docket No. 65-WE-125] 60 percent of the National Flight Service tional defense as well as to those of civil PART 75— ESTABLISHMENT OF JET Station average of 16,148 contacts. 1964 users. ROUTES flight plan sampling indicates that Eiko, The Navy has requested#that the pro­ Nev., to Reno, Nev., is the busiest VFR posed Rr-4^12 be named “Sand Springs, Alteration of Jet Routes general aviation route in the Carson Sink Nev.” instead of “Rawhide, Nev.” to vicinity, with an average of one direct avoid confusion with the Rawhide high On June 30, 1966, F.R. Doc. No. 66- flight plan per day and One airway flight altitude TACAN approach fix. Addi­ 7141 was published in the F ederal R egis­ plan (V-6 or V-494) every 2 days. tionally, the redefined boundary of R- ter (31 FJB. 9000) amending Part 75 of The basic and shortest Reno-Elko 4813 removes the southeast and south­ the Federal Air Regulations, effective routes (direct or V-6) are not affected by west comers from the restricted area August 18, 1966, by realignment of sev­ the proposed R-4813, whereas 4 miles as initially proposed. Since the name eral jet routes in the vicinity of Ontario, would have been added to the Fallon- change is editorial in nature and the Calif. Jet Routes Nos. 4, 10, 74, 78, and Elko mileage. However, the Navy has redescription of R-4813 reduces the 134 were realigned via the Ontario 094° agreed to t modification of their pro­ amount of airspace to be restricted, no­ radial. It was intended that these posal which would eliminate the south­ tice and public procedure thereon are routes lie over the Palm Springs, Calif., east corner of proposed R-4813 and add unnecessary and action is taken herein VOR. Subsequent to publication of the only 1 mile to the Fallon Elko route when to reflect these changes. amendment, precise cartographic mea­ R-4813 is activated. The Navy has In consideration of the foregoing, surements attendant to the production agreed to a further modification of their Parts 71 and 73 of the Fedeial Aviation of aeronautical charts revealed that to proposal which would eliminate the Regulations are amended, effective 0001 accomplish this purpose, the Ontario southwest comer of R-4813 to provide a e.s.t., September 15, 1966, as herein­ 093° radial in lieu of the 094° radial larger local student practice area north after set forth: should have been used. Such action is and northeast of Fallon Municipal Air­ 1. In § 73.48 (31 F.R. 2321) Restricted taken herein. port. Area R-4804 is amended by deleting Since this alteration is minor in In answer to the comment that air­ “Designated altitudes: Surface to 20,000 nature, notice and public procedure craft might penetrate R-4813 through feet MSL.” and substituting “Designated hereon are unnecessary and the effective inability to recognize its boundaries, R - altitudes: Surface to FL 240.” therefor. date of the amendment as initially 4813 is capable of ready visual recogni­ 2. In § 73.48 (31 F.R. 2321) the fol­ adopted may be retained. tion due to the natural landmarks sur­ lowing are added: In consideration of the foregoing, F.R. rounding Carson Sink. Carson Sink it­ Doc. No. 66-7141 (31 F.R. 9000) is self is an outstanding landmark, visible R-4812 Sand Springs, Nev. amended, effective immediately, as here­ for many miles on a clear day. Boundaries: That area within 5-nautical inafter set forth. When these proposed restricted areas miles either side of a line extending from In paragraphs 1 and 2, “Ontario 094 '” are not in use for the purpose designated latitude 39°10'00" N., longitude 118°37'30" is deleted and “Ontario 093°” is substi­ W.; to latitude 39°13'00" N., longitude they will be released to the controlling 118°12'42'' W.; and bounded on the east by tuted therefor. agency for public use, as are R-4803, R-4804 and bounded on the west by R-4810. (Sec. 307(a), Federal Aviation Act of 1958 R-4804 and R-4810. Records for the Designated altitudes: Surface to FL 240. (49 U.S.C. 1348) ) past year show that the public had use Time of designation: Continuous, Monday of the existing Fallon restricted areas 70 through Saturday. Issued in Washington, D.C., on July 15, percent of the time. Public access to Controlling agency: Oakland ARTC Center. 1966. R-4812 should be comparable, and R - Using agency: Commander Fleet Air, T. McCormack, 4813 should be available to the public 90 Alameda. Acting Chief, Airspace and Air to 95 percent of the time, since Navy’s R-4813 Carson Sin k , Nev. Traffic Rules Division. use is planned for 3 hours per day, 7 days Boundaries: That area surrounding R- [F.R. Doc. 66-8023; Filed, July 22, 1966; per month. The Fallon airport has 4802 from latitude 39°51'00" N„ longitude 8:45 a.m.] achieved its present growth during the 118°38'00" W.; to latitude 40°Q1'00" N., existence of the current restricted areas longitude 118° 15'00" W.; to latitude 40*01'- and there is no valid basis for fearing 00" N., longitude 118°01'00" W.; to latitude that a 5 percent restriction of flight over 39°52'36" N., longitude 118*01'00" W.; Title 21— FOOD AND DRUGS Carson Sink will now arrest or negate thence via' the arc of a 15-nautical mile that growth. radius circle centered at latitude 39° 52'36" Chapter I— Food and Drug Adminis­ N., longitude 118°20'27" W.; to latitude tration, Department of Health, Edu­ The nature of air-to-ground training 39°45'50" N., longitude 118°38'00" W.; to in the airborne firing of missiles and point of beginning. cation, and Welfare dropping of 500 and 1,000 pound bombs Designated altitudes: Surface to FL 240. SUBCHAPTER C— DRUGS considerably restricts the choice of area Time of designation: Sunrise to sunset for such training. The land beneath Monday through Saturday. pa r t 141— tests a n d m et h o d s o f Controlling agency: Oakland ARTC Center. ASSAY OF ANTIBIOTIC AND ANTI­ must necessarily be uninhabited, flat, Using agency: Commander Fleet Air, free of timber, and owned by the pro­ Alameda. BIOTIC-CONTAINING DRUGS ponent; the weather must be predomi­ nantly clear enough to make training 3. In § 73.151 (31 F.R. 2047), “R-4812 Sterility Test Methods and Procedures schedules reliable; the area must be rea­ Sand Springs, Nev.” and “R-4813 Gar- Pursuant to the provisions of the Fed­ sonably close to a military installation son Sink, Nev.” are added. eral Food, Drug, and Cosmetic Act (sec. capable of storing and servicing large 4. In § 73.123 (31 F.R. 2009, 6487, §791, 507, 59 Stat. 463, as amended; 21 U.S.C. numbers of carrier based aircraft and 7171, 7279, 7556) V-6 is amended by 357) and under the authority delegated domiciling the aircraft crews; and the deleting “The airspace within R-4803 is to the Commissioner of Food and Drugs airspace above must be free of nonpar­ excluded.” and substituting “The air­ by the Secretary of Health, Education, ticipating traffic which could be endan­ space within R-4803 and R-4813 is ex­ and Welfare (21 CFR 2.120; 31 F.R. gered by high-speed aircraft or the cluded.” therefor. 3008), the antibiotic drug regulation released ordnance. The proposed R~ (Sec. 307(a), Federal Aviation Act of 1958 prescribing sterility test methods and 4813 is one of the few areas in the con­ (49 U.S.C. 1348)) procedures is amended as follows to pro-

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10029 vide for testing drugs represented to be Accordingly, pursuant to the provi­ A. Section 1452.1 General coverage of sterile when they contain penicillin and sions of the Federal Food, Drug, and the act (b) Coverage after December SI, an antibacterial agent, and to provide a Cosmetic Act (secs. 201 (v), 511, 701, 52 1956 is amended by deleting “June 30, more convenient procedure for preparing Stat. 1055, as amended, 79 Stat. 227 et 1966” in the last sentence of the statu­ “diluting fluid C.” seq.; 21 U.S.C. 321(v), 360a, 371) and un­ tory provision (c) (1) set forth in sub- Accordingly, § 141.2 Sterility test der the authority delegated to the Com­ paragraph (1) (iii) and inserting in lieu methods and procedures is am ended: missioner by the Secretary of Health, thereof “June 30, 1968”. 1. By changing in the last sentence a Education, and Welfare (21 CFR 2.120; B. Part 1466 is amended in the fol­ paragraph (b) (2) the words “other anti­ 31 F.R. 3008), § 166.3(b) is amended by lowing respects: biotic,” to read “other antibiotic or anti­ adding to the list therein a new item as 1. Section 1466.1 Statutory provision bacterial agent,”. follows: is amended by deleting “June 30,1966” in 2. By changing paragraph (c) (3) to § 166.3 Listing of drugs defined in sec­ the last sentence of the statutory pro­ read as follows: tion 201 (v) of the act. vision (c) CD set forth therein and in­ (3) Diluting fluid C. To each liter of * * * * * serting in lieu thereof “June 30, 1968”. diluting fluid A add 0.5 gram of sodium (b) * * * 2. Section 1466.2 Definition of “termi­ thioglycollate, and adjust with NaOH so Some trade and nation date” is amended by deleting that after sterilization the final pH will Established name other names “June 30, 1966” and inserting in lieu be pH 6.6±0.6. Dispense in flasks and • * * * * * thereof “June 30,1968”. Phenmetrazine and its salts____ ;» Preludin. sterilize as described in paragraph (b) (Sec. 109, 65 Stat. 22; 50 U.S.O., App. Sup. of this section. ***** 1219) Notice and public procedure and de­ Any person who will be adversely af­ layed effective date are unnecessary pre­ fected by the foregoing order may at any Dated: July 20, 1966. requisites to the promulgation of this or­ time within 30 days following the date of der, and I so find, since these changés Lawrence E. H artwig, its publication in the F ederal R egister Chairman. are technical in nature and present no file with the Hearing Clerk, Department points of controversy. of Health, Education, and Welfare, Room [F.R. Doc. 66-8Ô78; Filed, July 22, 1966; Effective date. This order shall* be­ 5440, 330 Independence Avenue SW., 8:51 am .] come effective upon publication in the Washington, D.C. 20201, written objec­ Federal R egister. tions thereto, preferably in six - copies. Objections shall show wherein the per­ (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. son filing will be adversely affected by the Title 29— LABOR 357) order and specify with particularity the Dated: July 19,1966. provisions of the order deemed objec­ Chapter I-—National Labor Relations J. K. K irk, tionable and the grounds for the objec­ Board Acting Commissioner of tions. If a hearing is requested, the Food and Drugs. objections must state the issues for the PART 101— STATEMENTS OF hearing, and such objections must be PROCEDURE, SERIES 8 [F.R. Doc. 66-8071; Filed, July 22, 1966; supported by grounds legally sufficient 8:50 am.] to justify the relief sought. Objections Subpart C— Representation Cases may be accompanied by a memorandum Under Section 9(c) of the Act and or brief in support thereof. PART 166— DEPRESSANT AND STIM­ Petitions for Clarification of Bar­ Effective date. This order shall be­ ULANT DRUGS; DEFINITIONS, PRO­ gaining Units and for Amendment come effective 60 days from the date of of Certifications Under Section 9(b) CEDURAL AND INTERPRETATIVE its publication in the F ederal R egister, REGULATIONS except as to any provisions that may be of the Act stayed by the filing of proper objections. PART 102— RULES AND REGULA­ Phenmetrazine and Its Salts; Listing Notice of the filing of objections or lack as Subject To Control thereof will be announced by publication TIONS, SERIES 8 In the Federal R egister of January 18, in the F ederal R egister. Subpart C— Procedure Under Section 1966 (31 F.R. 565), the Commissioner of (Secs. 201 (v), 511, 701, 52 Stat. 1055, as 9(c) of the Act for the Determination amended, 79 Stat. 227 et. séq.; 21 U.S.C. Food and Drugs proposed the control, of Questions Concerning Represen­ under the Drug Abuse Control Amend­ 321 (v), 360a, 371) ments of 1965, of 17 drugs having a Dated: July 19, 1966. tation of Employees 3 and for Clari­ fication of Bargaining Units and for potential for abuse because of their de­ W inton B. R ankin, pressant or stimulant effect on the cen­ Deputy Commissioner of Amendment of Certifications Under tral nervous system or because of their Section 9(b) of the Act hallucinogenic effect. Subsequently, in Food and Drugs. the Federal R egister of March 19, 1966 [F.R. Doc. 66-8072; Filed, July 22, 1966; Miscellaneous Amendments (31 F.R. 4679), the Commissioner or­ 8:50 am .] dered that all the dings listed in the pro­ By virtue of the authority vested in it posal, except phenmetrazine and its salts by the National Labor Relations Act, (Preludin), be designated as depressant approved July 5, 1935,1 the National or stimulant drugs subject to control. Title 32— NATIONAL DEFENSE Labor Relations Board hereby issues the The exception was made to enable the following further amendments to its Chapter XIV— The Renegotiation statements of procedure and to its rules Commissioner’s advisory committee to Board review and give consideration to the data and regulations, Series 8, as amended, and information submitted in response SUBCHAPTER B— RENEGOTIATION BOARD which it finds necessary to carry out the to the proposal with reference to phen­ REGULATIONS UNDER THE 1951 ACT provisions of said Act, such amendments metrazine and competitive anorexiants. PART 1452— PRIME CONTRACTS AND to be effective August 1, 1966. The Commissioner’s advisory commit­ SUBCONTRACTS WITHIN SCOPE OF tee has completed its review. On the ACT * 49 Stat. 449; 29 U.S.C. 151-166, as amended basis of his investigation and the com­ by act of June 23, 1947 (61 Stat. 136; 29 mittee’s recommendation, the Commis­ PART 1466— TERMINATION OF U.S.C. Sup. 151-167), act of October 22, 1951 (65 Stat. 601; 2 U.S.C. 158, 159, 168), and sioner has concluded that phenmetrazine RENEGOTIATION and its salts (Preludin) should be desig­ act of September 14, 1959 (73 Stat. 519; 29 Miscellaneous Amendments UJS.C. 141-168). nated as a drug having a potential for 8 Procedure under the first proviso to sec. abuse because of its stimulant effect on Subchapter B of this chapter Is 8(b) (7) (C) of the Act is governed by Sub­ the central nervous system. amended in the following respects: part D.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10030 RULES AND REGULATIONS

National Labor Relations Board state­ legal assistants and a final determination supply of the city of Anchorage and ments of procedure and rules and regu­ made thereon. If the objections are Fort Richardson, is hereby revoked. lations, Series 8, as hereby further found to have merit, the election re­ 2. Public Land Order No. 576 of March amended, shall be in force and effect until sults may be voided and a new election 29, 1949, so far as it withdrew in para­ further amended, or rescinded by the conducted under the supervision of the graph number three thereof, an area of Board. regional director. If the union has been approximately 11,260 acres in partly un­ Dated: Washington, D.C., July 19, selected as the representative, the Board surveyed Tps. 11,12, and 13 N., Rs. 1 and 1966. or the regional director, as the case may 2 W., Seward Meridian, for protection of be, issues its certification, and the pro­ the water supply of the city of Anchorage By direction of the Board. ceeding is terminated. If upon a de­ and Fort Richardson, is hereby revoked. Ogden W. Fields, certification or employer petition the 3. Until 10 a.m. on October 18, 1966, Executive Secretary. union loses the election, the Board or the the State of Alaska shall have a pre­ regional director, as the case may be, ferred right to select the lands in ac­ Section 101.19(b) is amended to read certifies that the union is not the chosen cordance with the provisions of the act as follows: representative. of July 28, 1956 (70 Stat. 709), section § 101.19 Consent adjustments before Section 102.69 is amended by adding 6(g) of the Alaska Statehood Act of formal hearing. paragraph (h), reading as follows: July 7, 1958 (72 Stat. 339), and the regu­ $ $ $ is is lations in 43 CFR 2222.9. § 102.69 Election procedure; tally of 4. The lands will not be subject to (b) The consent-election agreement ballots; objections; certification by other disposition under the public land followed by a Board determination pro­ regional director; report on chal­ laws unless and until it is so provided by vides that disputed matters following the lenged ballots; report on objections; an order of an authorized officer of the agreed-upon election, if determinative of exceptions; action of the Board; Bureau of Land Management. the results, shall be the basis of a formal hearing. decision by the Board instead of an in­ ♦ * * * * H arry R. Anderson, formal determination by the regional di­ (h) Notwithstanding paragraphs (c) Assistant Secretary of the Interior. rector, except that if the regional direc­ and (e) of this section to the contrary, If J uly 18, 1966. tor decides that a hearing on objections the regional director decides that a hear­ or challenged ballots is necessary he may ing on objections or challenged ballots [F.R. Doc. 66-8032; Filed, July 22, 1966; direct such a hearing before a hearing in a consent election held pursuant to 8:46 a.m.] officer, or, if the case is consolidated with § 102.62(b) is necessary, he may direct a an unfair labor practice proceeding, be­ hearing before a hearing officer, or a [Public Land Order 4050] fore a trial examiner. If a hearing is trial examiner if the case is consolidated directed such action on the part of the with an unfair labor practice proceed­ [Wyoming 0324768 (Nebr.) ] regional director constitutes a transfer of ing. Such action on the part of the re­ NEBRASKA the case to the Board. Thus, except for gional director shall constitute a trans­ directing a hearing, it is provided that fer of the case to the Board, and the Partial Revocation of Reclamation the Board, rather than the regional di­ provisions of § 102.65(c) shall apply Withdrawal rector, makes the final determination of with respect to special permission to questions raised concerning eligibility, appeal to the Board from any such di­ By virtue of the authority contained in challenged votes, and objections to the rection of hearing. Exceptions, if any, section 3 of the Act of June 17, 1902 (32 conduct of the election. Thus, if chal­ to the hearing officer’s report or to the Stat. 388; 43 U.S.C. 46), as amended and lenged ballots are sufficient in number to trial examiner’s decision shall be filed supplemented, it is ordered as follows: affect the results of the count, the re­ with the Board in Washington, D.C., in 1. The order of the Bureau of Rec­ gional director conducts an investigation accordance with paragraph (e) of this lamation dated July 15, 1962, concurred and issues a report on the challenges in­ section. in by the Bureau of Land Management on stead of ruling thereon, unless he elects July 11, 1955, withdrawing lands for to hold a hearing. Similarly, if objec­ [F.R. Doc. 66-8061; Filed, July 22, 1966; the Ainsworth Project, is hereby revoked tions to the conduct of the election are 8:49 a .m.] so far as it affects the following described filed within 5 days after issuance of the land: tally of ballots, the regional director Sixth P rincipal Meridian likewise conducts an investigation and Title 43— PUBLIC LANDS: T. 31 N., R. 30 W., issues a report instead of ruling on the Sec. 33, NE^SW ^. validity of the objections, unless he elects to hold a hearing. The regional direc­ INTERIOR The area described contains 40 acres tor’s report is served on the parties, who Chapter II— Bureau of Land Manage­ in Cherry County. The topography of may file exceptions thereto within 10 days the land is moderately rolling with an with the Board in Washington, D.C. The ment, Department of the Interior elevation near 2,500 feet. Vegetation Board then reviews the entire record APPENDIX— PUBLIC LAND ORDERS consists mainly of short and mid-grasses. made and may, if a substantial issue is [Public Land Order 4049] 2. Until 10 a.m. on January 17, 1967, raised, direct a hearing on the challenged the State of Nebraska shall have a pre­ ballots or the objections to the conduct [Anchorage 067713] ferred right of application to select the of the election. Or, the Board may, if ALASKA public lands as provided by R.S. 2276, as no substantial issues are raised, affirm amended C43 U.S.C. 852). After that the regional director’s report and take Revocation of Public Land Order No. time the lands shall be open to operation appropriate action in termination of the 280 of May 22, 1945, and Partial of the public land laws generally, sub­ proceedings. If a hearing is ordered by Revocation of Public Land Order ject to valid existing rights, the provi­ the regional director or the Board on the No. 576 of March 29, 1949 sions of existing withdrawals, and the challenged ballots or objections, all par­ requirements of applicable law. All ties are heard and a report containing By virtue of the authority vested in valid applications received at or prior to findings of fact and recommendations as the President and pursuant to Executive 10 a.m. on January 17, 1967, shall be to the disposition of the challenges or Order No. 10355 of May 26, 1952 (17 F.R. considered as simultaneously filed at that objections, or both, and resolving issues 4831), it is ordered as follows: time. Those received thereafter shall be of credibility is issued by the hearing 1. Public Land Order No. 280 of Mayconsidered in the order of filing. officer and served on the parties, who may 22, 1945, which withdrew an area of 3. The lands have been open to appli­ file exceptions thereto within 10 days approximately 35,000 acres in partly un­ cations and offers under the mineral with the Board in Washington, D.C. The surveyed Tps. 11 and 12 N., R. 1 E., and leasing laws. They will be open to lo­ record made on the hearing is reviewed Tps. 11,12,13, and 14 N., R. 1 W., Seward cation under the United States mining by the Board with the assistance of its Meridian, for protection of the water laws after 10 a.m. on January 17, 1967.

FEDERAL.REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10031

Inquiries concerning the lands should purposes in connection with the Green [Public Land Order 4053] be addressed to the Manager, Land River Project, is hereby revoked so far [BLM 046240] Office, Bureau of Land Management, as it affects the following described Cheyenne, Wyo. lands: ARKANSAS Sixth P rincipal Meridian H arry R. Anderson, Revocation of Public Land Order Assistant Secretary of the Interior. T. 21 N., R. 116 W., Sec. 11, lot 11; No. 1779 of January 15, 1959 July 18, 1966. Sec. 12, lots 1, 2,3. By virtue of the authority vested in the [F.R. Doc. 66-8033; Filed, July 22, 1966; T. 22 N., R. 116 W., President and pursuant to Executive Or­ 8:46 a.m.l Sec. 5, Wi/2W%; Sec. 6, lots 1 to 5, incl., E%E%; der No. 10355 of May 26, 1952 (17 F.R. Sec. 7, E%NE&, NE%SE%; 4831), it is ordered as follows: [Public Laud Order 4051} Sec. 8, Wy2NW»/4, SW%; 1. Public Land Order No. 1779 of Janu­ Sec. 15, lots 1,20,21; ary 15, 1959, withdrawing the following [Anchorage 067673] Sec. 16, lots 1,2, W&NWJ4, NW&SW^; described lands in the Ozark National Sec. 17, NE%NE%; ALASKA Forest for a recreation area, is hereby Sec. 19, lot 2, Ni/2SEi4, SE^SE^; revoked: Sec. 20, SV2; Partial Revocation of Townsite Sec. 22, NE%, NB%NW%; F ifth P rincipal Meridian Reservation Sec. 23, lot 4, SW14NWJ4 , W%SW%; DEVIL’S DEN STATE PARK RECREATION AREA Sec. 26, lots 5 thru 15, incl., NE^4SE^4; By virtue of the authority vested in Sec. 28, W%NWi4 , Ny2SW%; T. 13 N., R. 31 W., the President by section 1 of the act of Sec. 29, N&NW&, SE&NEfc. Sec. 25, NWy4NWy4; March 12, 1914 (38 Stat. 305; 48 U.S.C. T. 22 N„ R. 117 W., Sec. 26, NE14. 303), and pursuant to Executive Order Sec. 1, lots 9,10,11; 10355 of May 26, 1952 (17 F.R. 4831), Sec. 12, lot 1; The areas described aggregate 200 it is ordered as follows: Sec. 13, lot 1.-NW54, Ni/2SWi,4, SB%SW%, acres in the Ozark National Forest. 1. Public Land Order No. 245 of Sep­ Wi4SE%; 2. At 10 a.m. on August 23, 1966, the' tember 12, 1944, is hereby revoked so Sec. 14, NE%NE%; lands shall be subject to such forms of far as it reserved for townsite purposes Sec. 24, NE14, NE^NW1^. appropriation as may by law be made of T. 23 N., R. 117 W., national forest lands. the following described lands: / Sec. 22, E y2 SW>/4, NW % SE lA; Moose Pass T ownsite Sec. 24, lot 3, SE%SW^; H arry R. Anderson, Sec. 25, Ei/2Wl/2, SW^SE%; Assistant Secretary of the Interior. U.S. Survey 2676, lots 1 and 2, Block 1. Sec. 27, Ei/ SEi4; 2 J uly 18, 1966. The areas described aggregate 47,031 Sec. 34, Ey2NEi/4, NE14SE14; square feet. Sec. 35, Ni/2SW%; [F.R. Doc. 66-8036; Filed, July 22, 1966; 2. Until 10 a m. on January 17, 1967, Sec. 36, lots 1, 2, 3. 8:47 a.m.] the State of Alaska shall have a preferred The areas described aggregate 3,898.03 right of application to select the lands acres in Lincoln County, of which ap­ [Public Land Order 4054] as provided by the act of July 28, 1956 proximately 2,124 acres remain with­ [Idaho 017243] (70 Stat. 709), sec. 6 (g) of the Alaska drawn for other purposes. The lands lie Statehood Act of July 7, 1958 (72 Stat. in western Wyoming. Elevation in this IDAHO 339), and the regulations in 43 CFR general area varies from 7,000 feet to Revocation of Reclamation With­ 2222.9. After that time the public lands more than 7,800 feet above mean sea shall be open to operation of the public level. The topography varies from roll­ drawal (Bear River Project) land laws generally, including the mining ing and broken to rugged foothills. By virtue of the authority contained in and mineral leasing laws, subject to valid Vegetative cover is characterized by section 3 of the act of June 17, 1902 (32 existing rights, the provisions of existing aspen-lodgepole associations at the withdrawals, and the requirements of Stat. 388; 43 UJS.C. 416), as amended higher elevations and big sagebrush- and supplemented, it is ordered as applicable law. All valid applications grassland associations at the lower follows: received at or prior to 10 a.m. on January elevations. 17, 1967, shall be considered as simulta­ 1. The Departmental order of Feb­ 2. Until 10 a.m. on January 17, 1967, ruary 6, 1946, and any other order or neously filed at that time. Those re­ the State of Wyoming shall have a pre­ ceived thereafter shall be considered in orders withdrawing lands for reclama­ ferred right of application to select the tion purposes, are hereby revoked so far the order of filing. public lands not otherwise withdrawn as Inquiries concerning the lands should as they affect the following described provided by R.S. 2276, as amended (43 lands: be addressed to the Manager, Anchorage U. S.C. 852). After that time the lands Boise Meridian District and Land Office, Bureau of Land shall be open to operation of the public Management, Anchorage, Alaska. T. 14 S., R. 44 E., land laws generally, including the mining Sec. 21, lots 1 to 4, incl., and NW&NE^; Harry R. Anderson, laws, subject to valid existing rights, the Sec. 22, lots 1 to 3, incl.; Assistant Secretary of the Interior. provisions of existing withdrawals, and Sec. 26, Si/2NEi4. the requirements of applicable law. All T. 15 S., R. 44 E„ J uly 18,1966. valid applications received at or prior to Sec. 6, lots 1 to 5, incl.; [F.R. Doc. 66-8034; Filed, July 22, 1966; 10 a.m. on January 17,1967, shall be con­ Sec. 12, lots 1 to 8, incl.; 8:47 a.m.] sidered as simultaneously filed at that Sec. 13, lots 1 to 6, incl., lot 8 and E%; time. Those received thereafter shall be Sec. 14, lot 1; Sec. 24, lots 1, 4, and 5. [Public Land Order 4052] considered in the order of filing. The lands have been open to appli­ [Wyoming 0320363] The areas described, including the cations and offers under the mineral public and privately owned lands, aggre­ WYOMING leasing laws. gate 1,121.97 acres in Bear Lake County. Partial Revocation of Reclamation Inquiries concerning the lands should The private lands comprise that portion Withdrawal be addressed to the Manager, Land Of­ of patented mining claim invading the fice, Bureau of Land Management, Chey­ KV2 , sec. 13, T. 15 S., R. 44 E., B.M. By virtue of the authority contained enne, Wyo. / 2. Until 10 a.m. on January 17, 1967, in section 3 of the act of June 17, 1902 H arry R. Anderson, the State of Idaho shall have a preferred (32 Stat. 388; 43 U.S.C. 416), as amended Assistant Secretary of the Interior. right of application to select the public and supplemented, it is ordered as fol­ lands as provided by R.S. 2276, as lows: J uly 18, 1966. amended (43 U.S.C. 852). After that T* The departmental order of July 8, [F.R. Doc. 66-8035; Filed, July 22, 1966; time the lands shall be open to operation 1941, withdrawing lands for reclamation 8:47 a.m.] of the public land laws generally, sub-

FEDERAL REGISTER, VOL. 3?, NO. 142— SATURDAY, JULY 23, 1966 10032 RULES AND REGULATIONS ject to valid existing rights, the provi­ 3. Until 10 a.m. on January 17, 1967, location, entry and. purchase under the sions of existing withdrawals, and the the State of California shall have a pre­ mining laws of the United States, subject requirements of applicable law. All valid ferred right of application to select the to valid existing rights and the provisions applications received at or prior to 10 public lands as provided by R.S. 2276, of the act of August 11, 1955 (69 Stat. a.m. on January 17, 1967, shall be con­ as amended (43 U.S.C. 852). After that 681; 30 U.S.C. 621-625). sidered as simultaneously filed at that time the public lands shall be open to 4. Public Land Order No. 3953 is time. Those received thereafter shall be operation of the public lands laws gen­ hereby corrected by eliminating “sec. 5, considered in the order of filing. erally, subject to valid existing rights, E 1/^”, from the land description appear­ 3. The lands have been open to appli­the provisions* of existing withdrawals, ing under T. 5 S., R. 9 W., in paragraph cations and offers under the mineral and the requirements of applicable law. 1(a) thereof, liie description is cor­ leasing laws. They will be open to loca­ All valid applications received at or prior rectly shown in paragraph 1(b). tion under the U.S. mining laws after to 10 a.m. on January 17, 1967, shall be 10 a.m. on January 17, 1967. • considered as simultaneously filed at that H arry R. Anderson, Inquiries concerning the lands should time. Those received thereafter shall Assistant Secretary of the Interior. be addressed to the Manager, Land Of­ be considered in the order of filing. J uly 18, 1966. fice, Bureau of Land Management, Boise, 4. The public lands hâve been open Idaho. [F.R. Doc. 66-8039; Filed, July 22, 1966; to applications and offers under the min­ 8:47 a.m.] H arry R. Anderson, eral leasing laws, and to location for Assistant Secretary of the Interior. metalliferous minerals. They will be J uly 18,1966. open to location for nonmetalliferous [Public Land Order 4057] minerals at 10 a.m. on January 17, 1967. [Utah 067343] [F.R. Doc. 66-8037; Filed, July 22, 1966; Inquiries concerning the lands should 8:47 a.m.J be addressed to the Manager, Land Of­ UTAH fice, Bureau of Land Management, Sac­ Partial Revocation of Coal Land [Public Land Order 4055] ramento, Calif. Withdrawal [Sacramento 079670] - / Harry R. Anderson, Assistant Secretary of the Interior. By virtue of the authority vested in the CALIFORNIA President by section 1 of the act of J uly 18, 1966. June 25, 1910 (36 Stat. 847; 43 U.S.C. Partial Revocation of Withdrawals [F.R. Doc. 66-8038; Filed, July 22, 1966;. 141), and pursuant to Executive Order in Aid of Classification, and for 8:47 a.m.] No. 10355 of May 26, 1952 (17 F.R. 4831), National Forest Administrative Sites it is ordered as follows: By virtue of the authority vested in [Public Land Order 4056] 1. The Executive Order of July 7,1910, withdrawing certain lands in Utah as the President by section 1 of the act of [Anchorage 060246] June 25, 1910 (36 Stat. 847; 43 U.S.C. Coal Land Withdrawal—Utah No. 1, for 141), and pursuant to Executive Order ALASKA classification and appraisement with No. 10355 of May 26, 1952 (17 P.R. 4831), respect to coal values, is hereby revoked it is ordered as follows: Withdrawal for Bradley Lake Hydro­ so far as it affects the following described 1. Executive Order No. 4203 of April electric Project, Partial Revocation lands: 14, 1925, which withdrew for classifica­ of Public Land Order No. 3953 Salt Lake Meridian tion the public lands within certain areas T. 39 S., R. 5 W., described in the act of February 20,1925 By virtue of the authority vested in the Sec. 3, lots 1 to 4, incl., SW ^NE^, SV2 (43 Stat. 952), as were not at that time President and pursuant to Executive NWVi, SW%, NWV4SE14; parts of any national forest, and the de­ Order No. 10355 of May 26, 1952 (17 Secs. 4, 8, and 9; partmental orders of December 15, 1906, F.R. 4831), it is ordered as follows: sec. 10 , wi/2n e >4 , wy2, SEi.4 ; and October 24, 1908, which withdrew 1. Subject to valid existing rights, the Sec. 14, Ni/2NWy4; Secs. 15 to 17, incl.; lands in the Tahoe National Forest for following described public lands are Secs. 20 to 22, incl.; administrative sites, are hereby revoked hereby withdrawn from all forms of ap­ sec. 23, wy2Nwy4, SE^NW ^, SW&, sy^ so far as they affect the following de­ propriation under the public land laws, SEy4; scribed lands: including the mining laws (30 U.S.C., Sec. 24, sy2; Mount Diablo Meridian Ch. 2), but not from leasing under the Secs. 25 to 28, incl.; mineral leasing laws, and reserved under Secs. 33 to 36, incl. T. 18 N., R. 10 E., jurisdiction of the Corps of Engineers, T. 40 S., R. 6 W., Sec. 29, lots 5 and 8; Department of the Army, for the Bradley Secs. 3 to 10, incl.; Sec. 31, lots 4, 5, 6, 7, 9, and 10; Secs. 16 to 18, incl. Sec. 32, lot 1; Lake Hydroelectric Project, as author­ T. 40 S., R. 7 W., Also those parts of lot 42 in secs. 29, 31, ized by the Flood Control Act of 1962 Secs. 5 to 8, incl.; and 32 not embraced in M.S. 76 and 77. (76 Stat. 1193): Sec. 9, lots 1 to 10, incl., Wy2NWy4; T. 21 N., R. 11 E., Seward Meridian Secs. 15 to 21, incl.; Sec. 14, Sy2NEi4SW^, S y2 N W14 NE % SW %, Sec. 22, lots 1 to 10, incl., Sy2SEy4; Ni/2SEi/4SWy4; Ny2S%SE%SW%, NE 14 T. 5 S., R. 9 W., Sec. 27, lots 1 to 4, incl., Wy2; SW14SW14, SE14NW&SW14 and sy2 Sec. 5, Wi/4; Secs. 28 to 34, incl. NE^NW^SW^. Sec. 22, SE>4; T. 41 S., R. 7W„ T. 19 N., R. 13 E., Sec. 26, SE%. . Sec. 3, lots 3 and 4; Sec. 4, NE 14 SE %, Ny2SE%SE^ and SE14 T. 5 S., R. 10 W., Sec. 9, lots 1 to 4, incl., Wy$j. SE14SE14. ' Sec. 15, Ny2 and sy2SE^. T. 41 S., R. 8 W. T. 17 N., R. 17 E., T. 40 S., R. 9 W., Sec. 6, lot 6. 2. Public Land Order No. 3953 of Secs. 3, 4; March 15, 1966, so far as it closed the Sec. 9, Nyfc; The areas described, including the following described lands to appropria­ Sec. 10, NVk, SE%; public lands and lands in the Tahoe Na­ tion under the United States mining Sec. 11; tional Forest, aggregate 344.28 acres in laws, is hereby revoked: Sec. 12, NWy4; Sec. 14, Ni/2,SWy4; Sierra and Nevada Counties, of which Seward Meridian those in T. 18 N., R. 10 E., M.D.M., total­ sec. 15 , NEy4, syi; . ing approximately 157 acres, are the T. 5 S., R. 9 W., Sec. 21, Ey2; Sec. 22, SW%; Sec. 22; public lands. Sec. 23, W%; 2. At 10 a.m. on August 23, 1966, the Sec. 26, SW}4. national forest lands shall be open to 3. At 10 a.m. on August 23, 1966, the Sec! 28,’NEy4,Sy2; such forms of disposition as may by law lands described in paragraph 2 hereof Sec. 32,NEy4,S%; be made of national forest lands. shall become subject to prospecting, Secs. 33, 34.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10033

Salt Lake Meridian—Continued and southeasterly with the meanders of said Salt Lake Meridian former railroad approximately 4.0 miles to a UINTA NATIONAL FOREST T. 41 S..R.9W., point where the said former railroad crosses Secs. 1 to 5, incl.; the line between the north % comer and the North Fork of American Fork Canyon Secs. 9 to 12, incl. south *4 corner of protracted section comer Watershed The areas described aggregate approx­ 32, T. 15 S., R. 2 W., C.R.M., containing ap­ T. 3 S., R. 3 E., imately 70,000 acres in Kane County. proximately 96.0 acres. Sec. 8, portions oi lots 12, 13, 14 lying in „ Some of the lands have been classified 2. At 10 a.m. on August 23, 1966, the Utah County; as having value for coal, and others have lands shall be open to such forms of dis­ Sec. 10, lots 4 and 7 to 10, incl.; been classified as nonvaluable. The Sec. 14, lots 3, 6, 7, 8, SE%SW%, W>/2SW^ position as may by law be made of na­ SE14; status of any particular tract may be as­ tional forest lands. Sec. 15, lots 1 to 12, Incl., lots 14 and 15, certained by inquiry of the land office. W1/2NE}4, NE%NW%; 2. Until 10 a.m. on January 17, 1967, H arry R. Anderson, Sec. 16, lots 1 to 12, incl.; the State of Utah shall have a preferred Assistant Secretary of the Interior. Sec. 17, lots 1 to 17, incl.; right of application to select the lands as Sec. 18, aU national forest land in E% provided by R.S. 2276, as amended (43 J uly 18,1966. lying in Utah County; U. S.C. 852). After that date and hour [FJR. Doc. 66-8041; Filed, July 22, 1966; Sec. 19, lots 1 to 10, incl., Ey2NWi4, the lands shall become subject to appli­ 8:47 am.} E»/2SWi/4; Sec. 20, lots 1 to 8, inci.; cation, petition, and location and selec­ Sec. 21, lots 1 to 14, incl.; tion generally, subject to valid existing Sec. 22, lots 2 to 12, incl., SEJ4SE&, rights, the provisions of existing with­ [Public Land Order 4059] NE%NWi/4; drawals, and the requirements of appli­ [Oregon 017845} Sec. 23, lots 1, 2, W ^N E^, Wy2Ey2NEi4„ cable law, including section 1 of the act Ey2NWi>4, SW^SEiA; of June 22, 1910 (36 Stat. 583), as OREGON Sec. 26, Ny2SW%; amended by section 1 of the act of June Sec. 27, lots 1 to 8, incl., SE^NE^; 16, 1955 (69 Stat. 138; 30 U.S.C. 83), and Withdrawal for Warmsprings Dam Sec. 28, lots 1 to 4, incl., 6, 7, and 10 to 15, incl.,.SE%SEi4; the act of August 13, 1954 (68 Stat. 708; and Reservoir (Vale Project) Sec. 29, lots 1 to 8 and 5 to 11, incl., 30 U.S.C. 521). All valid applications re­ Ey2swy4, wy2sEi4, s w % n e ^ , NE14 ceived at or prior to 10 a.m. on January By virtue of the authority contained NE%; 17, 1967, shall be considered as simul­ in section 3 of the act of June 17, 1902 Sec. 30, lots 1 to 5, and 8 to 15, incl., taneously filed at that time. Those filed (32 fetat. 388; 43 U.S.C. 416), as amended SE14SE14, Ey2NWV4 ; thereafter shall be considered in the or­ and supplemented, it is ordered as Sec. 31, lots 1 to 4, incl., NE^NW ^, der of filing. follows: W1/2NE14, SE&NW 1^, Ey2SWi4; 3. The lands have been open to certain Subject to valid existing rights, the Sec. 34, Ei/aSE^. following described public land, which T. 4 S., R. 2 E., forms of agricultural entry as provided Sec. 1, lots 1 and 8. by section 1 of the act of June 22, 1910 is under the jurisdiction of the Secretary T. 4 S., R. 3 E., (36 Stat. 583), as amended, supra. They of the Interior, is hereby withdrawn Sec. 6, lots 3, 4, 5, SE14NWI/4. ' have been open to applications and offers from all forms of appropriation under under the mineral leasing laws, and to the public land laws, including the min­ The areas described aggregate 4,340.19 location for metalliferous minerals. The ing laws (30 U.S.C., Ch. 2), but not from acres in Salt Lake, Wasatch and Utah lands will be open to location under the leasing under the mineral leasing laws, Counties. U.S. mining laws for nonmetalliferous and reserved for the Warmsprings Dam 2. The withdrawal made by this order minerals after 10 a.m. on January 17, and Reservoir, Vale Project: does not alter the applicability of those public land laws governing the use of 1967. Willamette Meridian Inquiries cdnceming the lands should the national forest lands under lease, be addressed to the Manager, Land Office, T. 23 S„ R. 37 E., license, or permit, or the disposal of their Bureau of .Land Management, Salt Lake Sec. 18, NEJ4NE1A. mineral or vegetative resources other than under the mining laws. City, Utah. The area described contains approxi­ H arry R. Anderson, mately 40 acres in Malheur County. H arry R. Anderson, Assistant Secretary of the Interior. Assistant Secretary of the Interior. J uly 18,1966. H arry R. Anderson, Assistant Secretary of the Interior. J uly 18,1966. [FJl. Doc. 66-8040; Filed, July 22, 1966; [FJt. Doc. 66-8043; Filed, July 22, 1966; 8:47 am .] J uly 18, 1966. 8:47 a.m.} [F.R. Doc. 66-8042; Filed, July 22, 1966; [Public Land Order 4058] 8:47 a.m.] [Public Land Order 4061} [Anchorage 067692] [Utah 069117] ALASKA [Public Land Order 4060] UTAH Partial Revocation of Public Land [Utah 0146037] Order No. 334 of December 19, 1946 UTAH Withdrawal for Dixie Project By virtue of the authority vested in the Withdrawal for Protection of National By virtue of the authority contained President and pursuant to Executive Or­ Forest Watershed in section 3 of the act of June 17, 1902 der No. 10355 of May ¿6, 1952 (17 F.R. (32 Stat. 388; 43 U.S.C. 416), as amended 4831), it is ordered as follows: By virtue of the authority vested in and supplemented, and in the act of 1. Public Land Order No. 334 of De­ the President and pursuant to Executive September 2, 1964 (78 Stat. 848), it is cember 19,1946, so far as it withdrew the Order No. 10355 of May 26, 1952 (17 F.R. ordered a§ follows: following described lands in the Chugach 4831), it is ordered as follows: Subject to valid existing rights the fol­ National Forest for a road right-of-way 1. Subject to valid existing rights, the lowing described public lands, which are is hereby revoked : following described national forest lands under the jurisdiction of the Secretary Cordova are hereby withdrawn from appropria­ of the Interior, are hereby withdrawn A strip of land 200 feet in width being 100 tion under the mining laws (30 U.S.C., from all forms of appropriation under feet on each side of the former Copper River Ch. 2), but not from leasing under the the public land laws including the mining and Northwestern Railroad commencing at mineral leasing laws, for protection of laws (30 U.S.C., Ch. 2), but not from the east boundary of the U.S. Survey 1765 the North Fork of the American Fork leasing under the mineral leasing laws, (Townsite of Cordova) ; thence northeasterly Canyon watershed: and reserved for the Dixie Project:

FEDERAL REGISTER, VOL. 3T, NO. 142— SATURDAY, JULY 23, 1966 No. 142----- 3 10034 RULES AND REGULATIONS

Salt Lake Meridian 77°43' E. 10,084.80 feet, to point of beginning, information submitted by the Valencia T. 43 S., R. 13 W., • containing 1,176.93 acres, more or less. Tract No. 2. Beginning at the closing cor­ Orange Administrative C o m m it t e e , i Sec. 7, NE%; established under the said amended mar­ Sec. 8, NE%NE%, W%NE& and NW^. ner common to sections 15 and 16, T. 19 N., T. 42 S., R. 14 W., R. 2 E., on the north boundary of the Canyon keting agreement and order, and upon Sec. 15, lots 1, 3, 4, 5 and N ^SW ^. de San Diego Grant; Thence S. 77°43' E. other available inf orffiation, 4t is hereby T. 40 S., R. 17 W., 181.5 feet to 5 M. corner; Thence S. 79°08' found that the limitation of handling of Sec. 33, lots 2 and 3. E. 1,150.5 feet, more or less, to the northeast such Valencia oranges, as hereinafter corner of the Isaias Sandoval tract; Thence provided, will tend to effectuate the de­ The areas described aggregate 711.31 S. 11°30' E. 123 feet along a fence to the clared policy of the act. acres in Washington County. southeast corner of the Isaias Sandoval tract; Thence along fence S. 86° W. 464.4 (2) It is hereby further found that it H arry R. Anderson, . feet; Thence along fence S. 87° W. 400 feet; is impracticable and contrary to the pub­ Assistant Secretary of the Interior. Thence along fence N. 88° W., 201 feet; lic interest to give preliminary notice, Thence along fence N. 0°15' W. 200 feet, more J uly 18,1966. engage in public rule-making procedure, or less, to intersection of crest of ridge; and postpone the effective date of this [F.R. Doc. 66-8044; Filed, July 22, 1966; Thence southeasterly along sinuosities of the section until 30 days after publication 8:48 a.m.] crest of this ridge to the top of the rim on hereof in the F ederal R egister (5 U.S.C. the east side of the Rio Cebolla Canyon; Thence southwesterly along sinuosities of the 1001-1011) because the time intervening [Public Land Order 4062] top of this rim to its intersection with the between the date when information upon crest of the ridge dividing the Rio Cebolla which this section is based became avail­ [New Mexico 0559091] and Lake Fork drainages; Thence westerly able and the time when this section must NEW MEXICO along the sinuosities of the crest of this ridge become effective in order to effectuate to the Rio Cebolla; Thence across the Rio the declared policy of the act is insuffi­ Addition to National Forest Cebolla to the point of the ridge dividing the cient, and a reasonable time is permitted, drainage into the Cebolla below the Lake By virtue of the authority contained Fork junction from that into the Cebolla under the circumstances, for preparation in the act of July 9, 1962 (76 Stat. 140; above the junction; Thence westerly along for such effective time; and good cause 43 U.S.C. 315g-l), it is ordered as fal­ the sinuosities of the crest of this ridge to a exists for making the provisions hereof lows: point on the west rim of the Cebolla; Thence effective as hereinafter set forth. The along said rim extending on west side of committee held an open meeting during Subject to existing valid rights, the Trail Canyon to a point where canyon boxes; following described lands, acquired in the current week, after giving due notice Thence southward and eastward along the thereof, to consider supply and market exchanges made pursuant to section 8 of east rim of Trail Canyon; Thence northeast­ the Taylor Grazing Act of June 28, 1934 ward along the same rim on the west side conditions for Valencia oranges and the (48 Stat. 1272; 43 U.S.C. 315g), as of Cebolla and Spring Canyons to the north need for regulation; interested persons amended, are hereby added to and made boundary of the Grant; Thence southeast­ were afforded an opportunity to submit a part of the Santa Fe National Forest ward along the north boundary of the Grant information and views at this meeting; and hereafter the lands shall be subject to the top of the rim rock on the east side of the recommendation and supporting in­ Spring Canyon; Thence southward along this formation for regulation during the pe­ to all laws and regulations applicable to rim and its continuation northward along said national forest: riod specified herein were promptly sub­ the west side of the Cebolla to the north mitted to the Department after such New Mexico P rincipal Meridian boundary of the Canyon de San Diego Grant; and Thence southeasterly along the Grant meeting was held; the provisions of this A tract of land within the Canon de San boundary to the point of beginning, contain­ section, including its effective time, are Diego Grant which is situated in TS. 16, 17, ing 2,466 acres, more or less. identical with the aforesaid recommen­ 18, and 19 N., Rs. 1, 2, and 3 E., known in the dation of the committee, and information office of the U.S. Surveyor General as Report The a r e a s described aggregate concerning such provisions and effective No. 25, confirmed by the Congress of the 24,873.48 acres in Sandoval County. time has been disseminated among han­ United States of America, on the 21st day Harry R. Anderson, dlers of such Valencia oranges; it is nec­ of June 1861, and patented by the United Assistant Secretary of the Interior. essary, in order to effecuate the declared States of America in accordance with said policy of the act, to make this section Act of Confirmation on the 21st day of J uly 18, 1966. October 1881, recorded in Vol. 17, pages 209 effective during the period herein spec­ and 218, inclusive, in the records of the [F.R. Doc. 66—8045; Filed, July 22, 1966; ified; and compliance with this section General. Land Office in Washington, D.C., 8:48 a.m.] will not require any special preparation said tract of land being more particularly on the part of persons subject hereto described as beginning at the 4-mile corner which cannot be completed on or before on the north boundary of said grant; Thence the effective date hereof. Such commit­ S. 07°47'41.9'' W. 557.367 chains, Thence Title 7— AGRICULTURE West 421.441 chains, to the Santa Fe Na­ tee meeting was held on July 21, 1966. tional Forest boundary; Thence along the Chapter IX— Consumer and Market­ (b) Order. (1) The respective quan­ National Forest boundary, N. 01°19'00" W. ing Service (Marketing Agreements tities of Valencia oranges grown in Ari­ 659.613 Chains, to the north boundary of said zona and designated part of California Grant; Thence along the north boundary of and Orders; Fruits, Vegetables, which may be handled during the period said Grant, S. 77°43' E. 434.19 chains; Thence Nuts), Department of Agriculture beginning at 12:01 a.m., P.s.t., July 24, S. 79°08' E. 77.89 chains to the 4-mile comer [Valencia Orange Reg. 171] 1966, and ending at 12:01 a.m., P.s.t., and the point of beginning, containing 28,- July 31,1966, are hereby fixed as follows: 516.41 acres more or less, and excepting there­ PART 908— VALENCIA ORANGES from two tracts containing 1,176.93 acres and (1) District 1: 225,000 cartons; 2,466.00 acres, respectively, the exceptions G r o w n in A r iz o n a a n d d es­ (ii) District 2: 325,000 cartons; being more particularly described as follows: ig n a t e d PART OF CALIFORNIA (iii) District 3: Unlimited movement. Tract No. 1. Beginning at a point on the (2) As used in this section, “handled,” east rim of the Ojitos Canyon which bears Limitation of Handling “handler,” “District 1,” “District 2,” N. 77°43' W„ 893.65 feet from the 7-mile § 908.471 Valencia Orange Regulation “District 3,” and “carton” have the same corner on the north boundary of the Canon 171. meaning as when used in said amended de San Diego Grant; Thence southwesterly along the said rim to a point which is the (a) Findings. (1) Pursuant to the marketing agreement and order. southeast corner of the tract and which bears (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. marketing agreement, as amended, and 601-674) S. 43°10'10" W., 6,393.56 feet from the point Order No. 908, as amended (7 CFR Part of beginning; Thence west 6,600.00 feet, to 908), regulating the handling of Valencia Dated: July 22,1966. the southwest corner of the tract, thence north 7,052.43 feet, to the northwest corner oranges grown in Arizona and designated P aul A. Nicholson, of the tract and a point on the north bound­ part of California, effective under the ap­ Deputy Director, Fruit and Veg­ ary of the Canon de San Diego Grant; Thence plicable provisions of the Agricultural etable Division, Consumer and S. 77°43' E., 1,146.41 feet, to the 9%-mile Marketing Agreement Act of 1937, as Marketing Service. corner on the north boundary of the said amended (7 U.S.C. 601-674), and upon [F.R. Doc. 66-8160; Filed, July 22, 1966; Grant; Thence along Grant boundary, S. the basis of the recommendations and 11:44 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10035

[Lemon Reg. 223, Amdt. 1] upon other available information, it is [Prune Reg. 4] hereby found that the limitation of han­ PART 924— FRESH PRUNES GROWN PART 910— LEMONS GROWN IN dling of such lemons, as hereinafter CALIFORNIA AND ARIZONA provided, will tend to effectuate the de­ IN DESIGNATED COUNTIES IN WASHINGTON AND IN UMATILLA Limitation of Handling clared policy of the act. (2) It is hereby further found that COUNTY, OREGON Findings. (1) Pursuant to the mar­ it is impracticable and contrary to the Limitation of Shipments keting agreement, as amended, and Or­ public interest to give preliminary der No. 910, as amended (7 CFR Part notice, engage in public rule-making Findings. (1) Pursuant to the mar­ 910), regulating the handling of lemons procedure, and postpone the effective keting agreement and Order No. 924 (7 grown in California and Arizona, effec­ date of this section until 30 days after CFR Part 924), regulating the handling tive under the applicable provisions of publication hereof in the F ederal R eg­ of fresh prunes grown in designated the Agricultural Marketing Agreement ister (5 U.S.C. 1001-1011) because the counties in Washington and in Umatilla Act of 1937, as amended (7 U.S.C. 601- time intervening between the date when County, Oreg., effective under the ap­ 674), and upon the basis of the recom­ information upon which this section is plicable provisions of the Agricultural mendation and information submitted based became available and the time Marketing Agreement Act of 1937, as by the Lemon Administrative Committee, when this section must become effective amended (7 U.S.C. 601-674), and upon established under the said amended mar­ in order to effectuate the declared policy the recommendations of the Washing- keting agreement and order, and upon of the act is insufficient, and a reason­ ton-Oregon Fresh Prune Marketing other available information, it is hereby able time is permitted, under the cir­ Committee, established under the afore­ found that the limitation of handling of cumstances, for preparation for such said marketing agreement and order, and such lemons, as hereinafter provided, will effective time; and good cause exists for upon other available information, it is tend to effectuate the declared policy making the provisions hereof effective hereby found that the limitation of ship­ of the act. as hereinafter set forth. The committee ments of fresh primes, in the manner (2) It is hereby further found that it held an open meeting during the current herein provided, will tend to effectuate is impracticable and contrary to the pub­ week, after giving due notice thereof, the declared policy of the act. lic interest to give preliminary notice, to consider supply and market condi­ (2) It is hereby further found that it engage in public rule-making procedure, tions for lemons and the need for regula­ is impracticable and contrary to the and postpone the effective date of this tion; interested persons were afforded public interest to give preliminary notice, amendment until 30 days after publica­ an opportunity to submit information engage in public rule-making procedure, tion hereof in the F ederal R egister (5 and views at this meeting; the recom­ and postpone the effective date of this U.S.C. 1001-1011) because the time in­ mendation and supporting information regulation until 30 days after publica­ tervening between the date when infor­ for regulation during the period speci­ tion thereof in the F ederal R egister (5 mation upon which this amendment is fied herein were promptly submitted to U.S.C. 1001-1011) in that, as hereinafter based became available and the time the Department after such meeting was set forth, the time intervening between when this amendment must become ef­ held; the provisions of this section, in­ the date when information upon which fective in order to effectuate the declared cluding its effective time, are identical this regulation is based became available policy of the act is insufficient, and this with the aforesaid recommendation of and the time when this regulation must amendment relieves restriction on the the committee, and information con­ become effective in order to effectuate handling of lemons grown in California cerning such provisions and effective the declared policy of the act is insuf­ and Arizona. time has been disseminated among han­ ficient; a reasonable time is permitted, Order, as amended. The provisions in dlers of such lemons; it is necessary, in under the circumstances, for preparation paragraph (b) (1) (ii) of § 910.523 (Lemon order to effectuate the declared policy of for such effective time; and good cause Regulation 223, 31 F.R. 9678) are hereby the act, to make this section effective exists for making the provisions hereof amended to read as follows: during the period herein specified; and effective not later than July 25, 1966. A (ii) District 2: 418,500 cartons. compliance with this section will not re­ reasonable determination as to the sup­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. quire any special preparation on the part ply of, and the demand for, prunes must 601-674) of persons subject hereto which cannot await the development of the crop and Dated: July 21,1966. be completed on or before the effective adequàte information thereon was not date hereof. Such committee meeting available to the Washington-Oregon P aul A. Nicholson, was held on July 19,1966. Fresh Prune Marketing Committee until Deputy Director, Fruit and Veg­ (b) Order. (1) The respective quan­ July 19, 1966, recommendation as to the etable Division, Consumer and tities of lemons grown in California and need for, and the extent of, regulation Marketing Service. Arizona which may be handled during of shipments of such prunes was made [F.R. Doc. 66-8148; Filed, July 22, 1966; the period beginning at 12:01 a.m., P.s.t., at the meeting of said committee on 8:53 a.m.] July 24, 1966, and ending at 12:01 a.m., July 19, 1966, after consideration of all P.s.t., July 31, 1966, are hereby fixed as available information relative to the follows: supply and demand conditions for such [Lemon Reg. 224] (1) District 1: Unlimited movement; prunes, at which time the recommenda­ tion and supporting information were PART 910— LEMONS GROWN IN (ii) District 2: 279,000 cartons; submitted to the Department; shipments CALIFORNIA AND ARIZONA (iii) District 3: unlimited movement. of the current crop of such prunes will Limitation of Handling (2) As used in this section, “handled,” begin on or about July 25, 1966, and this “District 1,” “District 2,” “District 3,” regulation should be applicable, insofar § 910.524 Lemon Regulation 224. and “Carton” have the same meaning as practicable, to all shipments of such (a) Findings. (1) Pursuant to the as when u,sed in the said amended mar­ prunes in order to effectuate thp declared marketing agreement, as amended, and keting agreement and Order. policy of the act; and compliance with Order No. 910, as amended (7 CFR Part the provisions of this regulation will not (Secs. 1-19, 48 Stat. 31, as amended; -7 U.S.C. require of handlers any preparation 910), regulating the handling of lemons 601-674) grown in California and Arizona, effec­ therefor which cannot be completed by tive under the applicable provisions of Dated: July 21, 1966. the effective time hereof. the Agricultural Marketing Agreement § 924.305 Prune Regulation 4. Act of 1937, as amended (7 U.S.C. 601- P aul A. Nicholson, (a) Order. During the period begin­ 674), and upon the basis of the recom­ Deputy Director, Fruit and ning at 12:01 a.m., P.s.t., July 25, 1966, mendations and information submitted Vegetable Division, Consumer and ending at 12:01 a.m., P.s.t., August by the Lemon Administrative Commit­ and Marketing Service. 1, 1967, no handler shall handle any lot tee, established under the said amended [F.R. Doc. 66-8122; Filed, July 22, 1966; of prunes unless such primes meet the marketing agreement and order, and 8:53 a.m.] following applicàble requirements, or are

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10036 RULES AND REGULATIONS

handled in accordance with subpara­ (Bartlett Pear Reg. 1] Bartlett pears unless such pears meet graph (3) of this paragraph: PART 931— FRESH BARTLETT PEARS the following applicable requirements, or (1) Minimum grade requirement. are handled in accordance with subpara­ Such primes grade at least U.S. No. 1: GROWN IN OREGON AND WASH­ graphs (4) or (5) of this paragraph: Provided, That any primes having not INGTON (1) Minimum grade requirement. less than two-thirds (%) of the surface Limitation of Shipments Such pears grade at least U.S. No. 2: with purplish color may be shipped if Provided, That pears which fail to meet they otherwise grade at least U.S. No. 1: Findings. (1) Pursuant to the mar­ the requirements with respect to shape Provided further, prunes for export may keting agreement and Order No. 931 (7 specified in the U.S. No. 2 grade only be shipped if they grade at least U.S. No. CFR Part 931, 30 F.R. 12285) regulating because of frost injury or healed hail 2. the handling of fresh Bartlett pears marks may be handled if (i) they are (2) Minimum maturity requirement. grown in Oregon and Washington, effec­ not so seriously misshapen as to preclude Such prunes, in addition to meeting the tive under the applicable provisions of the cutting of at least one good half and other requirements of maturity as de­ the Agricultural Marketing Agreement (ii) they are packed in containers con­ fined in the U.S. Standards for Fresh Act of 1937,' as amended (7 U.S.C. 601- taining at least 14 pounds, net weight, Plums and Prunes (7 CFR 51.1520- 674), and upon the recommendations of but not more than 15 pounds, net weight, 51.1537 of this title), contain not less the Northwest Fresh Bartlett Pear Mar­ of pears. than fourteen (14) percent soluble solids, keting Committee, established under the (2) Minimum size requirements. Such as determined by refractometer test of aforesaid marketing agreement and pears (i) when packed in the standard the juice from a side slab section of not order, and upon other available infor­ western pear box or its carton equiva­ less than 10 primes selected at random mation, it is hereby found that the lent, or in the L.A. lug, are of a size not from the lot. The side slab section of limitation of shipments of fresh Bart­ smaller than the 150 size: Provided, That each prune shall be cut parallel to the lett pears, in the manner herein pro­ pears not smaller than the 180 size may longitudinal axis to the depth of the pit vided, will tend to effectuate the declared be handled if they grade at least the from the side opposite the suture, and policy of the act. U.S. No. 1 grade, or (ii) when packed in the juice therefrom tested either on a (2) It is hereby further found that it any other container, measure at least composite basis or individual tests is impracticable and contrary to the pub­ 2% inches in diameter: Provided, That averaged. lic interest to give preliminary notice, pears which measure at least 2 Vi inches (3) Notwithstanding any other pro­ engage in public rule-making procedure, in diameter may be handled if they grade vision of this section, any individual and postpone the effective date of this at least the U.S. No. 1 grade and: Pro­ shipment which, in the aggregate, does regulation until 30 days after publica­ vided, further, That pears which measure not exceed 500 pounds, net weight, of tion thereof in the F ederal R egister (5 at least 2 ya inches may be handled if prunes of the Brooks, Stanley, or Merton U.S.C. 1001-1011) in that, as hereinafter they are packed in containers containing varieties of prunes, or 150 pounds, net set forth, the time intervening between at least 14, pounds, net weight, but- not weight, of prunes of any variety other the date when information upon which more than 15 pounds, net weight, of than Brooks, Stanley, or Merton varieties this regulation is based became available pears. of prunes, which meets each of the fol­ and the time when this regulation must (3) Pack requirements. Such pears lowing requirements may be handled become effective in order to effectuate are packed in L.A. lugs, in containers without regard to the restrictions of this the declared policy of the act is insuffi­ containing at least 14 pounds, net weight, paragraph, of § 924.41 (Assessments), cient; a reasonable time is permitted, but not more than 15 pounds, net weight, and of § 924.55 (Inspection and certifica­ under the circumstances, for preparation of pears, or in containers having a capac­ tion) : for such effective time; and good cause ity equal to, or greater than, the western (i) The shipment consists of prunes exists for making the provisions hereof lug. sold for home use and not for resale; and effective not later than July 25, 1966. (4) Special purpose shipments. Not­ (ii) Each container is stamped or A reasonable determination as to the withstanding any other provision of this marked with the handler’s name and ad­ supply of, and the demand for, Bartlett section, any shipment of pears in gift dress and with the words “not for resale” pears must await the development of the packages may be handled without regard in letters at least one-half inch in height. crop and adequate information thereon to the provisions of this paragraph, of (4) The term “U.S. No. 1” and “U.S. was not available to the Northwest Fresh §931.41 (Assessments), and of §931.55 No. 2” shall have the same meaning as Bartlett Pear Marketing Committee until (Inspection and certification). when used in the U.S. Standards for July 13,1966; recommendation as to need (5) Notwithstanding any other provi­ Fresh Plums and Prunes (§§ 51.1520- for, and the extent of, regulation of ship­ sion of this section, any individual ship­ 51.1537 of this title); the term “purplish ments of such pears was made at the ment of pears which meets each of the color” shall have the same meaning as meeting of said committee on July 13, following requirements may be handled when used in the Washington State De­ 1966, after consideration of all available without regard to the provisions of thi§ partment of Agriculture Standards for information relative to the supply and paragraph, of § 931.41 (Assessments), Italian Prunes (May 1954) and in the demand conditions for such pears, at and of § 931.55 (Inspection and which time the recommendation and sup­ certification): Oregon State Department of Agriculture porting information were submitted to (i) The shipment consists of pears sold Standards for Italian Prunes (July the Department; shipments of the cur­ for home use and not for resale; 1965); and, except as otherwise specified, rent crop of such pears will begin on or (ii) The shipment does not, in the ag­ all other terms shall have the same about July 25, 1966, and this regulation gregate, exceed 500 pounds, net weight, meaning as when used in the marketing should be applicable, insofar as practi­ of pears; and agreement and order . cable, to all shipments of such pears in (iii) Each container is stamped or order to effectuate the declared policy marked with the handler’s name and ad­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. of the act; and compliance with the pro­ dress and with the words “not for resale” 601-674) visions of this regulation will not require in letters at least one-half inch in height. Dated: July 22, 1966. of handlers any preparation therefor (6) Terms used in the marketing which cannot be completed by the ef­ agreement and order shall, when used P aul A. Nicholson, fective time hereof. herein, have the same meaning as is Deputy Director, Fruit and Veg­ § 931.301 Bartlett Pear Regulation 1. given to the respective term in said mar­ etable Division, Consumer and keting agreement and order; “U.S. No. (a) Order. During the period begin­ 1,” “U.S. No. 2,” “frost injury,” “hail Marketing Service. ning at 12:01 a.m., P.s.t., July 25, 1966, marks,” and “size” shall have the same [F.R. Doc. 66-8161; Filed, July 22, 1966; and ending at 12:01 a.m., P.s.ti, July 1, meaning as when used ill the U.S. Stand­ 11:44 a.m.] 1967, no handler shall handle any lot of ards for Summer and Fall Pears

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 RULES AND REGULATIONS 10037 (§§ 51.1260-51.1280 of this title); “150 size” and “180 size” shall mean that the pears are of a size which, as indicated by the size number, will pack, in accordance with the sizing and packing specifications of a standard pack, as specified in said U.S. Standards, 150 or 180 pears, re­ spectively, in a standard western pear box (inside dimensions 18 inches long by 11V2 inches wide by 8 V2 inches deep); the term “L.A. lug” shall mean a wooden container with inside dimensions of 5% by 1 3 V2 by 16*4 inches; and the term “western' lug” shall mean a container with inside dimensions of 7 by 11 ^ by 18 inches. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Dated: July 20,1966. P aul A. N icholson, Deputy Director, Fruit and Vege­ table Division, Consumer and Marketing Service. [F.R. Doc. 66-8086; Filed, July 22, 1966; 8:52 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10038 Proposed Rule Making

fomia. This is a regulatory program than Ylss pound each; and (2) for such DEPARTMENT OF AGRICULTURE effective under the Agricultural Market­ olives of all size designations, except the Consumer and Marketing Service ing Agreement Act of 1937, as amended medium size, not more than 5 percent, (7 U.S.C. 601-674). by count, of such olives may weigh less [ 7 CFR Part 923 ] The administrative regulation, which than Vi2i pound each. was proposed by the Olive Administrative All persons who desire to submit SWEET CHERRIES GROWN IN Committee established under the mar­ written data, views, or arguments for WASHINGTON keting agreement and order as the consideration in connection with the Approval of Expenses and Fixing of agency to administer the terms and pro­ proposed regulation may file the same, in visions thereof, is as follows: quadruplicate, with the Hearing Clerk, Rate of Assessment for 1966—67 U.S. Department of Agriculture, Room Fiscal Year § 932.150 Changes in the percentage 112, Administration Building, Washing­ tolerances for canned whole ripe Consideration is being given to the olives. ton, D.C. 20250, not later than the 10th following proposals submitted by the day after publication of the notice in Washington Cherry Marketing Commit­ Hie percentage tolerances for canned the F ederal R egister. All written sub­ tee, established under the marketing whole ripe olives, set forth in § 932.52 missions made pursuant to this notice agreement and Order No. 923 (7 CFR (a) (2), are changed as follows: will be made available for public inspec­ Part 923) regulating the handling of (a) With respect to variety group 1 tion at the office of the Hearing Clerk sweet cherries grown in Washington, ef­ olives, except the Ascolano, Barouni, and during regular business hours (7 CFR fective under the applicable provisions Saint Agostino varieties, thé individual 1.27(b)). of the Agricultural Marketing Agree­ fruits shall each weigh not less than Dated: July 19,1966. ment Act of 1937, as amended (7 U.S.C. Vis pound except that (1) for such olives 601-674), as the agency to administer of the mammoth size designation, not P aul A. Nicholson, the terms and provisions thereof: more than 25 percent, by count, of such Deputy Director, Fruit and Veg­ (a) That expenses that are reason­ olives may weigh less than V75 pound etable Division, Consumer and able are likely to be incurred by said com­ each: Provided, That not more than 10 Marketing Service. mittee, during the period beginning percent, by count, of such olives may [F.R. Doc. 66-8065; Filed, July 22, 1966; April 1, 1966, and ending March 31, weight less than % 2 pound each; and 8:49 a.m.] 1967, will amount to $13,020. (2) for such olives of all size designa­ (b) That there be fixed, at $1.00 per tions except the mammoth size, not more ton of sweet cherries, the rate of assess­ than 5 percent, by count, of such olives E 7 CFR Parts 1032, 1050 1 ment payable by each handler in accord­ may weigh less than V75 pound each; [Docket Nos. AO-355, AO-313-A8] ance with § 923.41 of the aforesaid mar­ (b) With respect to variety group 1 keting agreement and order. olives of the Ascolano, Barouni, and Saint MILK IN CENTRAL ILLINOIS AND All persons who desire to submit writ­ Agostino varieties, the individual fruit SUBURBAN ST. LOUIS MARKETING ten data, views, or arguments in connec­ shall each weigh not less than pound AREAS tion with the aforesaid proposals shall except that (1) for such olives of the file the same, in quadruplicate, with the extra large size designation, not more Notice of Extension of Time for Fil­ Hearing Clerk, U.S. Department of Agri­ than 25 percent, by count, of such olives ing Exceptions to Recommended culture, Room 112, Administration Build­ may weigh less than pound each: Decision on Proposed Marketing ing, Washington, D.C. 20250, not later Provided, That not more than 10 percent, Agreement and Order and Amend­ than the 10th day after the publication by count, of such olives may weigh less ments to Tentative Marketing of this notice in the F ederal R egister. than pound each; and (2) for such All written submissions made pursuant to olives of all size designations, except the Agreement and to Order this notice will be made available for extra large size, not more than 5 percent, Pursuant to the provisions of the public inspection at the office of the by count, of such olives may weigh less Agricultural Marketing Agreement Act Hearing Clerk during regular business than %8 pound each; of 1937, as amended (7 U.S.C. 601 et seq.), hours (7 CFR 1.27(b)). (c) With respect to variety group 2 and the applicable rules of practice and Dated: July 19, 1966. olives, except the Obliza variety, the in­ procedure governing the formulation of dividual fruits shall each weigh not less marketing agreements and marketing P aul A. N icholson, than Yuo pound except that (1) for such orders (7 CFR Part 900), notice is hereby Deputy Director, Fruit and Veg­ olives of the small, select or standard given that the time for filing exceptions etable Division, Consumer and size designation, not more than 35 per­ to the recommended decision with re­ Marketing Service. cent, by count, of such olives may weigh spect to the proposed marketing agree­ [F.R. Doc. 66-8064; Filed, July 22, 1966; less than Ylio pound each; Provided, That ment and order regulating the handling 8:49 a.m.] not more than 7 percent, by count, of of milk in the Central Illinois marketing such olives may weigh less than %eo area and to the proposed amendments pound each; and (2) for such olives of to the tentative marketing agreement [ 7 CFR Part 932 1 all size designations, except the small, and to the order regulating the handling select or standard size, not more than of milk in the Suburban St. Louis mar­ OLIVES GROWN IN CALIFORNIA 5 percent, by count, of such olives may keting area, which was issued June 29, weigh less than %40 pound each; and Percentage Tolerances for Canned- 1966 (31 F.R. 9152), is hereby extended (d) With respect to variety group 2 to July 26,1966. Whole Ripe Olives olives of the Obliza variety, the individual Signed at Washington, D.C., on July Notice is hereby given that the Depart­ fruits shall each weigh not less than 20,1966. ment is considering an administrative Y 21 pound except that (1) for such olives Clarenqe H. Girard, regulation, hereinafter set forth, pur­ of the medium size designation, not more Deputy Administrator, suant to the applicable provisions of the than 35 percent, by count, of such olives Regulatory Programs. marketing agreement and Order No. 932 may weigh less than y±21 pound each; (7 CFR Part 932; 30 F.R. 12629) regulat­ Provided, That not more than 7 percent, [F.R. Doc. 66-8087; Filed, July 22, 1966; ing the handling of olives grown in Cali- by count, of such olives may weigh less 8:52 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1956 PROPOSED RULE MAKING 10039 Some trade and [ 21 CFR Part 133 1 Established name other names DEPARTMENT OF HEALTH, EDUCA­ Chloral betaine_____ ,______Beta-Chlor. MEDICATED PREMIXES Chlorhexadol ______Lora. TION, AND WELFARE Petrichloral______Periclor. Manufacturing Practices and Con­ Sulfondiethylmethane______Tetronal. Food and Drug Administration trols; Extension of Time for Filing Sulfonethylmethane____ :_____ Trional. [ 21 CFR Part 17 1 Comments Sulfonmethane ______Bulfonal. t * * * 4c BREAD In the matter of establishing criteria for current good manufacturing practice All interested persons are invited to Standard; Inactive Dried Torula Yeast in the manufacture, processing, pack­ submit their views in writing regarding as Optional Ingredient aging, and holding of medicate premixes this proposal. Comments concerning for use in the manufacture of medicated any additional trade or other names that Notice is given that a petition has feeds: may be properly listed for the drugs been filed by the Lake States Division of named are desired. Comments are also St. Regis Paper Co., Rhinelander, Wis. A notice of proposed rule making in invited on any combination of drugs 54501, proposing that the standard of the above-identified matter was pub­ listed in this notice with other drugs identity for bread (21 CFR 17.1) be lished in the F ederal R egister of May which should be considered for exemp­ amended to permit the optional use of 17, 1966 (31 F.R. 7185), and granted a tion because of their lack of significant inactive dried torula yeast (Candida period of 60 days for filing of comments. potentiality for abuse. Views and com­ utilis) in bread in amounts not to ex­ The Commissioner of Food and Drugs ments should be submitted, preferably in ceed two parts for each 100 parts by has received requests for an extension quintuplicate, addressed to the Hearing weight of flour used. of time for filing comments. Good rea­ Clerk, Department of Health, Education, Grounds set forth in the petition to son therefor appearing, the time for fil­ and Welfare, Room 5440, 330 Independ­ support the amendment are that the ing comments is extended to August 17, ence Avenue SW., Washington, D.C. proposed use of such yeast will result in 1966. 20201, within 30 days following the date the production of bread with a better This action is taken pursuant to the of publication of this notice in the F ed­ texture, color, and flavor. provisions of the Federal Food, Drug, eral R egister. and Cosmetic Act (secs. 501(a)(2) (B), Accordingly, it is proposed that § 17.1 Dated: July 1*9,1966. (a) (7) be revised to read as follows: 701 (a), 52 Stat. 1050 as amended, 76 Stat. 780, 781; 52 Stat. 1055; 21 U.S.C. 351(a) Winton B. R ankin, §17.1 Bread, while bread, and rolls, (2) (B ), 371 (a )), and under the authority white rolls, or buns, white buns; iden­ ^ __ Deputy Commissioner of tity; label statement of optional in­ delegated to the Commissioner by the Food and Drugs. gredients. Secretary of Health, Education, and Wel­ [F.R. Doc. 66-8075; Filed, July 22, 1966; fare (21 CFR 2.120; 31 F.R. 3008). (a) * * * 8:50 a.m.] (7) Inactive dried yeast, singly or in Dated: July 19, 1966. combination, of Saccharomyces cere- J. K. K irk, visiae or Candida utilis (torula), com­ Acting Commissioner of FEDERAL AVIATION AGENCY plying with all the provisions of § 121.- Food and Drugs. 1125 of this chapter; but the total quan­ [ 14 CFR Part 71 ] tity thereof is not more than 2 parts [F.R. Doc. 66-8074; Filed, July 22, 1966; for each 100 parts by weight of flour used. 8:50 a.m.] [Airspace Docket No. 66-CE-41 ] * * * * * CONTROL ZONE AND TRANSITION Because of cross-references, adoption AREA of the proposed amendment to the stand­ [ 21 CFR Part 166 1 Proposed Alteration ard for bread (§ 17.1) would have the DEPRESSANT AND STIMULANT DRUGS effect of making torula yeast a permitted The Federal Aviation Agency is con­ ingredient of enriched bread, milk bread, Proposed Listing of Additional Drugs sidering an amendment to Part 71 of the raisin bread, and whole wheat bread Subject to Control Federal Aviation Regulations which (§§17.2-17.5). would alter controlled airspace at Pursuant to the provisions of the Fed­ The Commissioner of Food and Drugs Dubuque, Iowa. eral Food, Drug, and Cosmetic Act (secs. proposes, on the basis of his investiga­ The following controlled airspace is 401, 701, 52 Stat. 1046, 1055, as amended, tions and the recommendations of an presently designated in the Dubuque, 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, advisory committee appointed pursuant Iowa, terminal area: 371) and in accordance with the author­ to section 511(g) (1) of the Federal Food, (1) The Dubuque, Iowa, control zone ity delegated to the Commissioher of Drug, and Cosmetic Act, that the drugs is designated as that airspace within a Food and Drugs by the Secretary of set forth below be listed as depressant or 5-mile radius of the Dubuque Municipal Health, Education, and Welfare (21 CFR stimulant drugs within the meaning of Airport (latitude 42°24T0" N., longitude 2.120; 31 F.R. 3008), all interested per­ section 201 (v) of the act because of their 90°42'32" W ) from 0600 to 2100 hours, sons are invited to submit their views in depressant effect on the central nervous local time, daily. writing, preferably in quintuplicate, re­ system. Therefore, pursuant to the pro­ garding this proposal. Such views and visions of the Federal Food, Drug, and (2) The . Dubuque, Iowa, transition comments should be addressed to the Cosmetic Act (secs. 201 (v), 511, 701, 52 area is designated as that airspace ex­ Hearing Clerk, Department of Health, Stat. 1055, as amended, 79 Stat. 227 et tending upward from 700 feet above the Education, and Welfare, Room 5440, 330 seq.; 21 U.S.C. 321(v), 360a, 371) and surface within a 7-mile radius of the Independence Avenue SW., Washington, under the authority delegated by the Dubuque Municipal Airport (latitude D.C. 20201, within 60 days following the Secretary of Health, Education, and Wel­ 42°24T0" N., longitude 90°42'32" W.), date of publication of this notice in the and within 8 miles NE and 5 miles SW fare to the Commissioner (21 CFR 2.120; of the Dubuque VOR 159° and 339° Federal R egister, and may be accom­ 31 F.R. 3008), it is proposed that § 166.3 panied by a memorandum or brief in (c) be amended by inserting alphabeti­ radials, extending from 6 miles NW to 14 support thereof. miles SE of the VOR; and that airspace cally in the list of drugs in subparagraph extending upward from 1,200 feet above Dated: July 19,1966. (1) new items, as follows: the surface bounded on the N by the S § 166.3 Listing of drugs defined in sec­ edge of V-100, on the E by the west edge J. K. K irk, Acting Commissioner of tion 201 (v) of the act. of V-63, on the S by the north edge of * * * * * V-172, and on the W by the east edge of Food and Drugs. V-67, excluding the portions which over- [F.R. Doc. 66-8073; Filed, July 22, 1966; (C ) * * * lie the Cedar Rapids, Iowa, and Waterloo, 8:50 a.m.] ( 1 ) * * * Iowa, transition areas.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 /

10040 * PROPOSED RULE MAKING

The Dubuque, Iowa, VOR is being con­ within 45 days after publication of this the Vandalia Municipal Airport (latitude verted to a VORTAC and will be relo­ notice in the F ederal R egister will be 38°59'26" N., longitude 89°09'55" W .); cated at the Dubuque, Iowa, Municipal considered before action is taken on the within 5 miles E and 8 miles W of the Airport. This conversion and relocation proposed amendment. No public hear­ Vandalia 003° and 183° radials extending require modification of the public use ing is contemplated at this time, but from the 10-mile radius area to 12 miles instrument approach procedures at arrangements for informal conferences N of the VOR; within an area bounded Dubuque. As a result, and having com­ with Federal Aviation Agency officials on the S by V-14N, on the NW by V-191, pleted a comprehensive review of air­ may be made by contacting the Regional on the E by a line 8 miles W of and space requirements at Dubuque, Iowa, Air Traffic Division .Chief. Any data, parallel to the 003° radial; and within the Federal Aviation Agency proposes the views, or arguments presented during an area bounded on the N by V-14 and following airspace actions: such conferences must also be submitted V-210, on the E by the arc of a 10-mile (1) Redesignate the Dubuque, Iowa, in writing in accordance with this notice radius circle centered on the Vandalia control zone as that airspace within a in order to become part of the record for Municipal Airport, on the SW by the arc 5-mile radius of the Dubuque Municipal consideration. The proposal contained of a 40-mile radius circle centered-on Airport (latitude 42°24TQ" N., longitude in this notice may be changed in the the Scott AFB, Belleville, HI. (latitude 90°42'32" W .); within 2 miles each side light of comments received. 38°32'30" N., longitude 89°51'05" W .); of the Dubuque VORTAC 126° and 321° The public docket will be available for and that airspace extending upward from radials, extending from the 5-mile radius examination by interested persons in the 3,000 feet MSL within an area bounded zone to 8 miles SE and NW of the office of the Regional Counsel, Federal on the W by V-191, on the E by V-313, VORTAC, effective 0600 to 2100 hours, Aviation Agency, 601 East 12th Street, and on the S by a line 12 miles N of local time, daily. Kansas City, Mo. 64106. the Vandalia VOR. (2) Redesignate the Dubuque, Iowa, This amendment is proposed under the A modification of the existing transi­ transition area as that airspace extend­ authority of section 307(a) of the Fed­ tion area is necessary to provide sufficient ing upward from 700 feet above the sur­ eral Aviation Act of 1958 (49 U.S.C. controlled airspace for the Kansas City face within a 7-mile radius of the 1348). Air Traffic Control Center to provide Dubuque Municipal Airport (latitude more efficient radar service to aircraft 42°24'10" N., longitude 90°42'32" W.)> Issued at Kansas City, Mo., on July 12, in the area. The proposed control zone within 8 miles SW and 5 miles NE of the 1966. will provide protection for aircraft exe­ Dubuque VORTAC 321° radial, extending Edward C. Marsh, cuting the prescribed instrument ap­ from the VORTAC to 12 miles NW, and Director, Central Region. proach procedure to Vandalia Municipal within 8 miles NE and 5 miles SW of the [F.R. Doc. 66-8083; Filed, July 22, 1966; Airport during descent below 1,000 feet Dubuque 126° radial extending from the 8:52 a.m.] above the surface and for departing air­ VORTAC to 12 miles SE; and that air­ craft during climb to 1,200 feet above the space extending upward from 1,200 feet surface. The Vandalia Flight Service above the surface within an 18-mile 114 CFR Part 71 1 Station has the capability to communi­ radius of the Dubuque VORTAC. cate directly with aircraft operating in The proposed control zone extensions [Airspace Docket No. 66-CE-63] the vicinity of the airport. would provide controlled airspace pro­ CONTROL ZONE AND TRANSITION The proposed 1,200-foot floor transi­ tection for aircraft executing the public tion area will provide controlled airspace instrument approach procedures during AREA protection for aircraft during the portion descent below 1,000 feet above the sur­ Proposed Designation and Alteration of the approach procedure executed face when the control zone is effective. above 1,500 feet above the surface. This The proposed 700-foot floor transi­ The Federal Aviation Agency is con­ transition area, in conjunction with the tion area would provide controlled air­ sidering amendments to Part 71 of the 3,000-foot floor transition area, will pro­ space protection for aircraft executing Federal Aviation Regulations which vide sufficient airspace for the Kansas the public instrument approach proce­ would alter controlled airspace in the City Air Traffic Control Center to furnish dures during descent from 1,500 to 700 Vandalia, HI., terminal area. more efficient radar service. feet above the surface when the control The Vandalia, HI., transition area is The floors of the airways which tra­ zone designation is not hi effect. presently designated as follows: verse the transition areas proposed The proposed 1,200-foot floor transi­ That airspace extending upward from 700 herein will automatically coincide with tion area would provide controlled air­ feet above the surface within a 5-mile radius the floors of the transition areas. space protection required for aircraft of the Vandalia Municipal Airport (latitude No procedural changes would be ef­ executing public instrument approach 38°59'26" N.. longitude 89°09'55" W.); with­ fected in conjunction with the actions procedures during descent to 1,500 feet in 2 miles each side of the Vandalia VOR proposed herein. above the surface, and would also pro­ 183° radial extending from the 5-mile radius Specific details of this proposal may be vide protection for aircraft being radar area to the VOR; and the airspace extending upward from 1,200 feet above the surface examined by contacting the Chief, Air­ vectored to final approach course land­ within a 10-mile radius of the Vandalia space Branch, Air Traffic Division, 601 ing at the Dubuque Municipal Airport. Municipal Airport and within 5 miles E and East 12th Street, Kansas City, Mo. 64106. The floors of the airways that traverse 8 miles W of the Vandalia 003° and 183° Interested persons may submit such the transition area proposed herein radlals extending from the 10-mile radius written data, views, or arguments as they would automatically coincide with the area to 12 miles N of the VOR, excluding the may desire. Communications should be floors of the transition area. portion within V-12. submitted in triplicate to the Director, Since modifications proposed herein The Federal Aviation Agency, having Central Region, Attention: Chief, Air are recommended to accommodate new completed a comprehensive review of the Traffic Division, Federal Aviation Agency, procedures, no procedural changes would terminal airspace structural require­ 601 East 12th Street, Kansas City, Mo. be required. Specific details of these ments in the Vandalia, HI., terminal area, 64106. All communications received new procedures may be examined by proposes the following airspace actions: within 45 days after publication of this contacting the Chief, Airspace Branch, (1) Designate a control zone at Van­ notice in the F ederal R egister will be Air Traffic Division, Federal Aviation dalia, 111., to comprise that airspace considered before action is taken on the Agency, 601 East 12th Street, Kansas within a 5-mile radius of the Vandalia proposed amendment. No public hear­ City, Mo. 64106. Municipal Airport (latitude 38°59'26" ing is contemplated at this time, but Interested persons may submit such N., longitude 89° 09'55" W.) and within arrangements for informal conferences written data, views or arguments as they 2 miles each side of the Vandalia VOR with Federal Aviation Agency officials may desire. Communications should be 183° radial extending from the 5-mile may be made by contacting the Regional submitted in triplicate to the Director, radius area to the VOR. Air Traffic Division Chief. Any data, Central Region, Attention: Chief, Air (2) Alter the Vandalia, 111., transition views, or arguments presented during Traffic Division, Federal' Aviation Agen­ area by redesignating it as that airspace such conferences must also be submitted cy, 601 East 12th Street, Kansas City, extending upward from 1,200 feet above in writing in accordance with this notice Mo. 64106. AH communications received the surface within a 10-mile radius of in order to become part of the record

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 PROPOSED RULE MAKING 10041 for consideration. The proposal con­ fore action is taken on the proposed restricted areas was contained in an tained in this notice may be changed amendment, The proposal contained in NPRM published in the F ederal R eg­ in the light of comments received. this notice may be changed in the light ister on February 19, 1966 (31 F.R. 2969, The public docket will be available for of comments received. Airspace Docket No. 65-WE-124). examination by interested persons in the An official docket will be available for If this action is taken, temporary office of the Regional Counsel, Federal examination by interested persons at the restricted areas R-2513C and R-2513D Aviation Agency, 601 East 12th Street, Federal Aviation Agency, Office of the Hunter-Liggett, Calif., will be altered by Kansas City, Mo. 64106. General Counsel, Attention: Rules Doc­ extending the time of designation to This amendment is proposed under ket, 800 Independence Avenue SW„ November 30, 1966. the authority.of section 307(a) of the Washington, D.C. 20553. An informal The airspace action designating these docket also will be available for exami­ temporary restricted areas stated that Federal Aviation Act of 1958 (49 U.S.C. persons having a legitimate need to fly 1348). nation at the office of the Regional Air Traffic Division Chief. within the restricted areas during periods Issued at Kansas City, Mo., on July 12, On May 27, 1966, a rule was published of activation may request approval of a flight at a specified time and place 1966. in the F ederal R egister (31 F.R. 7612) Edward C. M arsh, designating two temporary restricted from the Test Director by a collect tele­ Director, Central Region. areas R-2513C and R-2513D near phone call. JTF-2 states that the Test Director will be unable to approve a [F.R. Doc. 66-8084; Filed, July 22, 1966; Hunter-Liggett military reservation to 8:52 a.m.] contain a series of tests to be conducted flight without encountering a lengthy by Joint Task Force Two (JTF-2). delay. Therefore, JTF-2 has requested that phone calls be directed to the This series of tests was originally Huntér-Liggett Military Range by non­ [ 14 CFR Part 73 1 scheduled to be conducted from July 1, collect phone calls through the King City 1966, through October 7, 1966, but was [Airspace Docket No. 66-WA—14] commercial switchboard using the fol­ subsequently delayed to begin July 21, lowing number: Area Code—408-385 RESTRICTED AREAS 1966. In consideration of the delay, the 5911, Extension 394, 396, or 398. This restricted areas were designated for the number will connect the caller with the Proposed Alteration period July 21> 1966, through October 7, JTF-2 aircraft operation center at 1966. The Federal Aviation Agency is con­ Hunter-Liggett where military personnel The 3-week delay in starting the test will be on duty from 7 a.m. through 4 sidering amendments to Part 73 of the and additional delays caused by the con­ p.m. Monday through Friday to consider Federal Aviation Regulations that would tractor’s inability to meet delivery dates the request. JTF-2 will also maintain a alter two restricted areas near Hunter- of the instrumentation and air control Liggett military reservation. direct land line with the Paso Robles radars have resulted in JTF-2 request­ and Salinas FAA Flight Service Stations Interested persons may participate in ing an extension in the overall test pro­ to provide current information regard­ the proposed rule making by submitting gram through November 30, 1966. As ing range operation for airborne pilots. such written data, views, or arguments stated in the original notice of proposed These amendments are proposed under as they may desire. Communications rule making (NPRM), the purpose of the authority of section 307(a) of the should identify the airspace docket num­ these temporary restricted areas is to Federal Aviation Act of 1958 (49 U.S.C. ber and be submitted in triplicate to the contain a series of low altitude, high 1348). Director, Western Region, Attention: speed test flights designed to electronic­ Chief, Air Traffic Division, Federal Avi­ ally collect data and statistics for the de­ Issued in Washington, D.C., on July ation Agency, 5651 West Manchester termination of the effectiveness of ground 15, 1966. Avenue, Post Office Box 90007, Airport T. M cCormack, Station, Los Angeles, Calif. 90009. All based surface to air conventional and Acting Chief, Airspace and communications received within 30 days missile weapon systems, and appropriate Air Traffic Rules Division. after publication of this notice in the countering tactics. Detailed information [FU. Doc. 66-8024; Filed, July 22, 1966; F ederal R egister will be considered be­ concerning the purpose and use of these 8:46 a.m.]

FEDERAL REGISTER, V O L 31, NO, 142— SATURDAY, JULY 23, 1966 No. 142------4 10042 Notices

basis for the inclusion of this category, Order No. 10448 (as amended by Execu­ DEPARTMENT OF STATE will most effectively be achieved. tive Order No. 11265) pertaining to the Agency for International Development 3. The AID April 4, 1966, Announce­awarding of the National Defense Serv­ ment stated that the maximum yield to ice Medal to Coast Guard military HOUSING GUARANTY PROGRAM the investor permitted under the pro­ members. gram at that time was 5V2 percent per This order supersedes the regulations Extension of Terminal Date for annum and that such yield would be ad­ (implementing Executive Order No. Receipt of Applications Under justed periodically in response to money 10448) previously approved by the Sec­ On April 4, 1966, the Agency for market changes of major significance. retary in a letter to the Commandant International Development (AID) an­ The present maximum yield to the in­ dated July 21,1953. vestor permitted under the Program is nounced the reopening of the Agency’s Dated: July 18,1966. Housing Guaranty Program in Latin 5% percent per annum.- This yield will America (F.R., v. 31, No. 69, p. 5640, Apr. be similarly adjusted as appropriate. [ seal] True D avis, 9, 1966). The April 4 Announcement AID’S main interest, of course, is in se­ Assistant Secretary of the Treasury. established August 1, 1966, as the ter­ curing investments at the lowest interest .[F.R. Doc. 66-8070; Filed, July 22, 1966; minal date for the submission of appli­ rate so as to provide the Latin American 8:50 a.m.] cations to AID under the new program. mortgage holder with the most attrac­ In response to some expressions of con­ tive terms possible. cern and requests for an extension of the A closing note. The success of the August 1 terminal date, AID is hereby Program is a key element of the Alliance DEPARTMENT OF THE INTERIOR for Progress. The Staff of AID will fur­ extending the terminal date for sub­ Bureau of Land Management mission of applications under the re­ nish all possible assistance to applicants opened Housing Guaranty Program from in order to insure submission of the best ARIZONA possible applications and the ultimate August 1, 1966, to September 15, 1966. Redelegation to Area Managers Submission of applications. The ap­ development of the finest and most plications should be prepared in English creative group of projects. Authority in General and submitted to the Division of Housing R euben S ternfeld, In accordance with Bureau Order No. and Urban Development, Bureau for Acting Deputy U.S. Coordinator. 701 of July 23, 1964, and Amendment Latin America, Agency for International J uly 5,1966. No. 2 published May 6, 1966, the Area Development, Washington, D.C. 20523. Managers of -the Kingman, Lower Gila Applications should be postmarked not [F.R. Doc. 66-8059; Filed, July 22, 1966; and Phoenix Resource Areas are redele­ later than midnight, September 15, 1966, 8:49 a.m.] gated the authority given to the Phoenix or delivered in person to the Division of District Manager in Part III of the above Housing and Urban Development prior order with the limitations and exceptions to the close of business (5:30 p.m.) on listed below: September 15, 1966. DEPARTMENT OF THE TREASURY Signing authority is not redelegated Clarifications. AID wishes to make the Coast Guard for land classifications, contracts, per­ following clarifications : [CGFR 66-37] sonnel actions or adverse decisions con­ 1. The AID guaranty will cover 100 cerning the use of public lands. This percent of the principal amount of a VESSELS CERTIFICATED FOR OCEAN restriction does not apply to trespass loan investment in housing projects AND COASTWISE SERVICE action. qualifying under any one of the four The Area Managers have fiscal respon­ categories of projects included in this Lifeboat Equipment sibility for their areas within the frame­ work of the approved Annual Work Plan. program, which were described in the Correction AID April 4, 1966, Announcement, Page Purchasing authority is limited to emer­ 2 and Page 3, under the following head­ In F.R. Doc. 66-7448 appearing at page gency purchases as specified in Bureau ings: “1. Credit Institutions;” “2. Hous­ 9390 in the issue of Friday, July 8, 1966, Manual 1510. All other purchases will ing Projects for Lower Income Fami­ the second entry under the heading “De­ be cleared through the District Manager lies;” “3. Institutions Important to the salter Kit” should read as follows: by the Division of Administration. Alliance;” “4. Local Participation.” Approval No. 160.058/2/0, desalter kit, This order will become effective upon 2. In connection with applications for manufactured by Van Brode Milling Co., publication in the F ederal R egister. projects under the “Credit Institutions” Inc., Clinton, Mass. 01510. . Dated July 18, 1966. Category (Application Form No. AID 1520-6), applicants are not strictly re­ R ichard H. P etrie, quired to submit, at the time that the Office of the Secretary District Manager. application is submitted, the name and [F.R. Doc. 66-8031; Filed, July 22, 1966; description of the proposed U.S. Investor, [Treasury Department Order No. 167-75] 8:46 a.m.] which are requested in the Application Form (p. 2, sec. Ia ). This informa­ COMMANDANT, U.S. COAST GUARD tion may properly be submitted to AID Delegation of Authority Office of the Secretary at a specified later date. Nevertheless, applicants for projects under this cate­ By virtue of the authority vested in ANDREW PAT JONES gory are encouraged to establish con­ the Secretary of the Treasury by Reor­ Statement of Changes in Financial tacts and close working relationships at ganization Plan No. 26 and 14 U.S.C., and the earliest possible date with savings pursuant to the authority delegated to Interests and loan institutions in the United me by Treasury Department Order No. In accordance with the requirements States who may be interested in becom­ 190 (Revision 4), there is hereby trans­ of section 710(b) (6) of the Defense Pro­ ing investors. In this manner the insti­ ferred to the Commandant, U.S. Coast duction Act of 1950. as amended, and tution building and the interinstitu- Guard the authority of the Secretary of Executive Order 10647 of November 28, tional relationships, which provide the the Treasury contained in Executive 1955, the following changes hâve taken

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10043 place in my financial interests during place in my financial interests during place in my financial interests during the past 6 months: the past 6 months: the past 6 months: (1) No change. (1) No change. (1) None. (2) No change. (2) No change. (2) American Bank of Commerce; Fidelity (3) No change. (3) No change. Capital Corp.; Ford Motor Co.; O’okeip Cop­ (4) No change. (4) No change. per—American shares. (3) None. This statement is made as of June 30, This statement is made as of July 7, (4) None. 1966. 1966. This statement is made as of July 7, Dated: July 5,1966. Dated: July 7,1966. 1966. Andrew P at J ones. M ax R. Llewellyn. Dated: July 7,1966. [F.R. Doc. 66-8046; Filed, July 22, 1966; [F.R. Doc, 66-8049; Filed, July 22, 1966; R iggs S hepperd. 8:48 am.] 8:48 a.m.] [F.R. Doc. 66-8052; Filed, July 22, 1966; 8:48 a.m.] VIVAN B. JONES JOHN P. MADGETT Statement of Changes in Financial Statement of Changes in Financial WILLARD B. SIMONDS Interests Interests Statement of Changes in Financial In accordance with the requirements In accordance with the requirements of Interests of section 710(b) (6) of the Defense Pro­ section 710(b)(6) of the Defense Pro­ duction Act of 1950, as amended, and duction Act of 1950, as amended, and In accordance with the requirements Executive Order 10647 of November 28, Executive Order 10647 of November 28, of section 710(b) (6) of the Defense Pro­ 1955, the following changes have taken 1955, the following changes have taken duction Act of 1950, as amended, and place in my financial interests during the place in my financial interests during Executive Order 10647 of November 28, past 6 months: the past 6 months: 1955, the following changes have taken place in my financial interests during (1) None. (1) No change. the past 6 months : (2) None. (2) No change. (3) None. (3) No change. (1) None. (4) None. (4) No change. (2) None. (3) None. This statement is made as of July 7, This statement is made as of July 10, (4) None. 1966. 1966. This statement is made as of July 5, Dated: July 7,1966. Dated: July 10,1966. 1966. Vivan B. J ones. J ohn P. Madgett. Dated : July 5,1966. [F.R. Doc. 66-8047; Filed, July 22, 1966; [F.R. Doc. 66-8050; Filed, July 22, 1966; 8:48 am.] 8:48 a.m.] W illard B. S imonds. [F.R. Doc. 66-8053; Filed, July 22, 1966; 8:48 a.m.] GEORGE V. KENNEDY CLARENCE WILBUR MAYOTT Statement of Changes in Financial Statement of Changes in Financial ALEXANDER H. WADE, JR. Interests Interests Statement of Changes in Financial In accordance with the requirements In accordance with the requirements Interests of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ duction Act of 1950, as amended, and duction Act of 1950, as amended and In accordance with the requirements Executive Order 10647 of November 28, Executive Order 10647 of November 28, of section 710(b) (6) of the Defense Pro­ 1955, the following changes have taken 1955, the following changes have taken duction Act of 1950, as amended, and place in my financial interests during the place in my financial interests during the Executive Order 10647 of November 28, past 6 months: past 6 months: 1955, the following changes have taken place in my financial interests during ( 1 ) No change. (1) None. (2) No change. (2) None. the past 6 months: (3) No change. (3) None. (1) No change. (4) No change. (4) None. ' (2) No change. (3) No change. This statement is made as of July 5, This statement is made as of July 5, (4) No change. 1966. 1966. This statement is made as of July 11, Dated: July 5,1966. Dated: July 5,1966. 1966.

George V. K ennedy. Clarence W. MaYott. Dated: July 11, 1966. [F.R. Doc. 66-8040; Filed, July 22, 1966; [F.R. Doc. 66-8051; Filed, July 22, 1966; Alexander H. Wade, Jr. 8:48 am.] 8:48 am.] [F.R. Doc.s 66-8054; Filed, July 22, 1966; 8:48 a.m.] MAX R. LLEWELLYN SAMUEL RIGGS SHEPPERD WILFORD D. WILDER Statement of Changes in Financial Statement of Changes in Financial Statement of Changes in Financial Interests Interests Interests In accordance with the requirements In accordance with the requirements In accordance with the requirements of section 710(b) (6) erf the Defense Pro­ of section 710(b) (6) of the Defense Pro­ of section 710(b) (6) of the Defense Pro­ duction Act of 1950, as amended, and duction Act of 1950, as amended, and duction Act of 1950, as amended, and Executive Order 10647 of November 28, Executive Order 10647 of November 28, Executive Order 10647 of November 28, 1955, the following changes have taken 1955, the following changes have taken 1955, the following changes have taken

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10044 NOTICES

place in my financial interests during the 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 nues NW., Washington, D.C., before the past 6 months: (b) (5)), notice is given that a petition Board. (1) No change. (FAP 6R2020) has been filed by CIBA Air carriers supporting the agreement (2) Appointee is currently participating in Chemical & Dye Co., division of CIBA will be allotted 1 hour for their argu­ an employee stock purchase plan adopted Corp., Fair Lawn, N.J. 07410, proposing ment; and parties urging disapproval of by Niagara Mohawk Power Corp. effective the issuance of a regulation to provide the agreement 1 hour. The air carriers January 1, 1965, and has elected the maxi­ for the safe use of 2,5-di(5-ferf-butyl- mum participation possible which is 6 per­ will be allowed to reserve not to exceed cent of appointee’s annual salary. benzoxazoJyl-2') thiophene as an optical one-quarter of their allotted time for re­ (3) No change. brightener in certain polymeric com­ buttal. Please advise the Chief Ex­ (4) No change. pounds used in contact with food. aminer on or before August 24, 1966, the This statement is made as of July 5, Dated: July 18,1966. name of the person who will represent 1966. you at the argument. J. K. K irk, Dated: July 5, 1966. Acting Commissioner of Dated at Washington, D.C., July 19, W. D. W ilder. Food and Drugs. 1966. [F.R. Doc. 66-8055; Piled, July 22, 1966; [F.R. Doc. 66-8076; Filed, July 22, 1966; [seal] F rancis W. B rown, 8:48 am.] 8:51 a.m.] Chief Examiner. [F.R. Doc. 66-8085; Filed, July 22, 1966; 8:52 a.m.] DEPARTMENT OF AGRICULTURE COMMERCIAL SOLVENTS CORP. Forest Service Notice of Withdrawal of Petition for MOUNT BALDY WILDERNESS Food Additives Zinc Bacitracin, Pro­ caine Penicillin FEDERAL COMMUNICATIONS Proposal and Hearing Announcement Pursuant to the provisions of the Fed­ COMMISSION Notice is hereby given in accordance eral Food, Drug, and Cosmetic Act (sec. with the provisions of the Wilderness 409(b), 72 Stat. 1786; 21 U.S.C. 348(b)), [Docket Nos. 16706-16708; FCC 66M-984] Act of September 3, 1964 (P.L. 88-577; the following notice is issued: 78 Stat. 890, 892; 16 U.S.C. 1131, 1132) ATLANTIC BROADCASTING CO. that a public hearing will be held be­ In accordance with § 121.52 With­ (WUST) AND BETHESDA-CHEVY ginning at 9 ajn., on September 15,1966, drawal of petitions without prejudice of CHASE BROADCASTERS, INC. in the Ramada inn Motel, Springerville, the procedural food additive regulations Ariz., on a proposal for a recommenda­ (21 CFR 121.52), Commercial Solvents Order After Prehearing Conference tion to be made by the Secretary of Agri­ Corp., Terre Haute, Ind. 47808, has with­ culture to the President of the United drawn its petition (FAP 6C1899), notice Tn re applications of Atlantic Broad­ States that a recommendation be sub­ of which was published in the F ederal casting Co. (WUST), Bethesda, Md., mitted to Congress for the establishment R egister of February 18, 1966 (31 F.R. Docket No. 16706, File No. BP-14357; for of the Mount Baldy Wilderness, compris­ 2912), proposing an amendment to construction permit; Atlantic Broadcast­ ing about 6,975 acres, including most of § 121.225 Antibiotics for growth promo­ ing Co. (WUST), Bethesda, Md., Docket the Mount Baldy Primitive Area, and one tion and feed efficiency to provide for the No. 16707, File No. BR-1513; for renewal contiguous area. The proposed Mount safe use of zinc bacitracin in the feed of of license; Bethesda-Chevy Chase Baldy Wilderness is located within the swine in an amount not less than 5 Broadcasters, Inc., Bethesda, Md., Docket Apache National Forest, Apache County, grams nor more than 50 grams per ton No. 16708, File No. BP-16319; for con­ State of Arizona. of finished feed; and to provide for the struction permit. A brochure containing a map and in­ safe use of procaine penicillin with zinc The Hearing Examiner having under formation about the proposed Wilderness bacitracin combined in an amount con­ consideration the proceedings during the may be obtained from the Forest Super­ taining not less than 1.25 grams of peni­ prehearing conference held today in the visor, Apache National Forest, Post Of­ cillin and not less than 3.75 grams of above-entitled matter; fice Building, Springerville, Ariz., or the zinc bacitracin no more than 50 grams It is ordered, This 18th +day of July Regional Forester, U.S. Forest Service, of the combination per ton of finished feed. 1966, that (a) exhibits will be prepared 517 Gold Avenue SW„ Albuquerque, and exchanged, two copies to each coun­ N. Mex. The withdrawal of this petition is with­ Individuals and organizations are in­ out prejudice to a future filing. sel and one to the presiding officer, by October 3; (b) that the hearing is hereby vited to express their views by appearing Dated: July 18,1966. at the Hearing or may submit written continued and will convene at 10 a.m., comments for inclusion in the official J. K. K irk, Monday, October 24, 1966, at the Com­ record to Regional Forester, U.S. Forest Acting Commissioner of mission’s offices, Washington, D.C.; and Service, 517 Gold Avenue SW., .Albu­ ’ Food and Drugs. (c) the parties will be guided by the querque, N. Mex., by October 15,1966. [F.R. Doc. 66-8077; Filed, July 22, 1966; understandings, agreements, and direc­ 8:51 a.m.] Arthur W. Greeley, tions set forth in the transcript of the Associate Chief, Forest Service. prehearing conference which is hereby [F.R. Doc. 66-8066; Filed, July 22, 1966; 8:49 a.m.] incorporated by reference herein with CIVIL AERONAUTICS DOARD the same force and effect as if set out [Docket 16503] verbatim; and DEPARTMENT OF HEALTH, EDUCA­ IN-FLIGHT ENTERTAINMENT CHARGE It is ordered further, That the unop­ posed motion of applicant Atlantic TION, AND WELFARE Notice of Oral Argument Broadcasting Co. (WUST), made upon Food and Drug Administration At the direction of the Board notice the record during the prehearing confer­ is hereby given, pursuant to the pro­ ence, for acceptance of an amendment CIBA CHEMICAL & DYE CO. visions of the Federal Aviation Act of to its application changing the. name of Notice of Filing of Petition for Food 1958, as amended, that oral argument in the above-entitled matter is assigned its pending application for increase in Additives to be held on September 7, 1966, at 10 power from WUST, Inc. (WUST), to Pursuant to the provisions of the Fed­ a.m., e.d.s.t., in Room 1027, Universal Atlantic Broadcasting Co. (WUST) is eral Food, Drug, and Cosmetic Act (sec. Building, Connecticut and Florida Ave­ granted and that the caption of this pro-

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10045 ceeding will henceforth reflect this party on whose behalf the testimony is Holston Valley Broadcasting Corp., change.1 proposed to be offered. Kingsport, Tenn., Docket No. 16768, File So ordered, This 18th day of July 1966. No. BPCT-3760; for construction permit Released: July 18,1966. Released: July 19,1966. for new television broadcast station. F ederal Communications At a session of the Federal Communi­ Commission, F ederal Communications cations Commission, held at its offices in [seal] B en F. Waple, Commission, Washington, D.C., on the 13th day of Secretary. [seal] B en F. W aple, July 1966; [F.R. Doc. 66-8056; Filed, July 22, 1966; Secretary. 1. The Commission has before it for 8:49 am.] [F.R. Doc. 66-8089; Filed, July 22, 1966; consideration the above-captioned appli­ 8:52 a.m.] cations, each requesting a construction permit for a new television broadcast [Docket No. 16769; FCC 66M-991] station to operate on Channel 19, Kings­ [Docket Nos. 16584,16585; FCC 66M-1002] ALLEN C. BIGHAM, JR, port, Tenn. CITY INDEX CORP., AND 2. The following matters are to be con­ Order Scheduling Hearing sidered in connection with the issues jo h n m . McLen d o n In re application of Allen C. Bigham, specified below: Jr., Docket No. 16769, File No. BR-4293; Order Continuing Hearing a. American Television Service sub­ mitted with its application an agreement for renewal of license of Station KCTY, In re applications of City Index Corp., Salinas, Calif. entitled “Option to Lease”, made Feb­ Jackson, Miss., Docket No. 16584, File No. ruary 1, 1966, under which the applicant It is ordered, This 19th day of July BPCT-3530; John M. McLendon, trading 1966, that Sol Schildhause will preside was to lease land and-transmitter build­ as Tele/Mac of Jackson, Jackson, Miss., ing for 30 years at an annual rental of at the hearing in the above-entitled pro­ Docket No. 16585, File No. BPCT-3647; ceeding which is hereby scheduled to $6,000. The option, by its terms, ex­ for construction permit for new tele­ pired 120 days from the date thereof. commence at 10 a.m. on October 5, 1966, vision brdadcast station (Channel 16). in Salinas, Calif. And it is further or­ It cannot be determined, therefore, that The Hearing Examiner having under the land and transmitter building will be dered, That a prehearing conference in consideration a joint petition filed July the proceeding will be convened by the available to the applicant upon the terms 14, 1966, on behalf of the above-entitled proposed. Presiding Officer at 9 a.m. on September applicants requesting that the date for 6, 1966, in Washington, D.C. b. Based on information contained in exchange of exhibits and the date for the the application of American Television Released: July 19,1966. commencement of the hearing be con­ Service, cash of approximately $281,000 tinued for a period of approximately 45 will be required for the construction and F ederal Communications days; and Commission, operation of the proposed station for 1 It appearing that the reason for the year.1 The exact amount of cash re­ [seal] B en F. W aple, requested continuance is the fact that Secretary. on July 12, 1966, the above-entitled ap­ quired cannot be determined, however, [F.R. Doc. 66-8088; Filed, July 22, 1966; plicants entered into an agreement which because if it is determined that the land 8:52 a.m.] could obviate the necessity for a com­ and transmitter building which the ap­ parative hearing, which agreement will plicant proposes to lease are not available [Docket No. 16722; FCC 66M-986] be filed on or before July 19, 1966; and to it upon the terms proposed, the costs It further appearing that counsel for of construction and operation may be BLACK HAWK BROADCASTING CO. the Broadcast Bureau has consented to affected. To meet the costs as set forth (KWWL-TV) the immediate favorable grant of the in the application, the applicant relies joint petition, and good cause for grant­ ' upon the availability of $2,000 in existing Order After Prehearing Conference ing the same having been shown; capital (cash on hand), $98,000 from In re application of Black Hawk Broad­ It is ordered, This the 18th day of July stock subscriptions, and $130,000 in reve­ casting Co. (KWWL-TV), Waterloo, 1966, that the joint petition is granted, nues during the first year, totalling $230,- Iowa, Docket No. 16722, File No. BPCT- and the date for the exchange of ex­ 000. Assuming that all of the funds 3606; for construction permit. hibits is continued from July 15, 1966, to upon which the' applicant relies were Prehearing conference was held in this September 2, 1966, and the date for the available to it, the applicant would not proceeding today. The issues were ex­ commencement of the hearing is con­ have sufficient funds to construct and plored and trial commitments were made. tinued from September 12, 1966, to operate the proposed station for 1 year. The now-scheduled hearing date of Sep­ October 17,1966. c. In view of the fact that American Television Service must rely upon reve­ tember 1 is canceled. The hearing will Released: July 20,1966. instead get under way on October 17 in nues to meet its costs of operation in the Washington, D.C. The parties have F ederal Communications first year, the validity of its estimate is a agreed to present their, direct cases in Commission, critical factor in determining its ability writing and to exchange their written [seal] B en F. W aple, to operate. The showing which the ap­ material by September 14. Any objec­ Secretary. plicant has made, however, does not establish the validity of its estimate of. tion to the admission into evidence of [F.R. Doc. 66-8090; Filed, July .22, 1966; any of the exchanged material must be 8:52 a.m.] revenues as required by the Commission stated in writing and be served upon all in Ultravision Broadcasting Co., FCC the parties and upon the Presiding Of­ 65-581, 5 RR 2d 343. An issue will be ficer by October 7. By this last date, too, [Docket Nos. 16767, 16768; FCC 66-643] specified, therefore, to determine the any party desiring the production for basis for the applicant’s estimate of reve­ cross examination of any witness spon­ AMERICAN TELEVISION SERVICE AND nues, whether such estimate is reasonable soring a written exhibit must notify the HOLSTON VALLEY BROADCASTING and, if not, the amount thereof which CORP. may be reasonably expected in the first 1 Counsel for Atlantic Broadcasting Co. year. (WUST) furnished the court reporter with Order Designating Applications for 3. American Television Service has not an original and copy of the amendment at disclosed the citizenship information the time he submitted his motion. The Consolidated Hearing of Stated with respect to its staff officials enumer­ Examiner directed that the reporter trans­ Issues ated in section IV, paragraph 12, FCC mit these documents forthwith to the Com­ mission’s Docket Division for inclusion in In re applications of Earl L. Boyles, C. E. Feltner, Jr., and Airways Broad­ 1 Consisting of down payment for equip­ the dockets. The motion was submitted in ment ($75,074), repayments of principal and compliance with the Commission’s directive casting Co., Inc.', doing business as Amer­ interest for equipment ($58,135), buildings m par. 8 of the order designating the appli­ ican Television Service, Kingsport, Tenn., ($4,000), other items ($4,000) and costs of cations Tor hearing (FCC 66-526). Docket No. 16767, File No. BPCT-3269; operation ($140,000).

FEDERAL REGISTER, VOL. 3T, NO. 142— SATURDAY, JULY 23, 1966 10046 NOTICES

Form 301 as required thereby. The ap­ It is further ordered, That, within 1966, at 10 a.m.; and that a prehearing plicant will, accordingly, be required to twenty (20) days of the date of release conference shall be held on September 2, amend its application. Midway Televi­ of this order, American Television Serv­ 1966, commencing at 9 a.m.; and, It is sion, Inc., PCC 66-68, released January ice shall amend its application to fur­ further ordered, that all proceedings 21, 1966. nish the information required by sec­ shall be held in the Offices of the Com­ 4. American Television Service has re­tion IV, paragraph 12, FCC Form 301, mission, Washington, D.C. quested authority to locate its main with respect to the citizenship and other studios at its transmitter site, outside the information as to the staff members Released: July 20,1966. city limits of Kingsport. It is stated that therein enumerated. F ederal Communications the proposed location would be centrally It is further ordered, That, in the event Commission, located with respect to Bristol and John­ of a grant of the application of American [seal] B en F. W aple, son City, Term., as well as to Kingsport; Television Service, the request for au­ Secretary. is readily accessible by major highways thority to locate main studios outside the [F.R. Doc. 66-8092; Filed, July 22, 1966; from all three cities; and would effect city limits of Kingsport, Tenn., shall be 8:52 a.m.] substantial economies in the operation of granted, pursuant to § 73.613(b) of the the station. It appears that, for good rules. cause shown, a grant of the request is It is further ordered, That, in the event [Docket Nos. 16756,16757; FCC 66-635] warranted, in accordance with § 73.613 of a grant of either application, oper­ (b) of the Commission’s rules. ation of the new station shall be in KFIZ BROADCASTING CO., AND FOND 5^ Except as indicated by the issues accordance with offset designators to be DU LAC COUNTY BROADCASTING specified below, the applicants appear to specified in a subsequent order. CO. be qualified to construct, own and operate It is further ordered, That, to avail the proposed new television broadcast themselves of the opportunity to be Order Designating Applications for station. The applications are, however, heard, the applicants herein, pursuant to Consolidated Hearing on Stated mutually exclusive in that operation by § 1.221(c) of the Commission’s rules, in Issues the applicants as proposed would result person or by attorney, shall, within in mutually destructive interference. twenty (20) days of the mailing of this In re applications of KFIZ Broadcast­ The Commission is therefore unable to order, file with the Commission, in tripli­ ing Co., Fond du Lac, Wis., requests : make the statutory finding that grant of cate, a written appearance stating an 107.1 me, No. 296; 3 kw (H&V) ; 240.5 the applications would serve the public intention to appear on the date fixed for feet; Docket No. 16756, File No. BPH- interest, convenience and necessity, and the hearing and present evidence on the 5194; Samuel G. Costas, trading as Fond is of the opinion that the applications issue specified in this order. du Lac County Broadcasting Co., Fond must be designated for hearing in a con­ It is further ordered, That the appli­ du Lac, Wis., requests: 107.1mc, No. 296; solidated proceeding upon the issues set cants herein shall, pursuant to section 3 kw; 253 feet; Docket No. 16757, File No. forth below: 311(a) (2) of the Communications Act of BPH-5274; for construction permits. Accordingly, it is ordered, That, pur­ 1934, as amended, and § 1.594(a) of the At a session of the Federal Communi­ suant to section 309(e) of the Communi­ Commission’s rules, give notice of the cations Commission held at its offices cations Act of 1934, as amended, the hearing, either individually or, if feasible, in Washington, D.C., on the 13th day of above-captioned applications of Ameri­ jointly within the time and in the July 1966; can Television Service and Holston Val­ manner prescribed in such rule, and 1. The Commission has under con­ ley Broadcasting Corp. are designated for shall advise the Commission of the pub­ sideration the above captioned and de­ hearing in a consolidated proceeding, at lication of such notice as required by scribed applications which are mutually a time and place to be specified in a sub- • section 1.594(g) of the rules. exclusive in that operation by the appli­ sequent order, upon the following issues: cants as proposed would result in mu­ 1. To determine, with respect to the Released: July 20, 1966. tually destîuctive interference. application of American Television F ederal Communications 2. Since no determination has yet been Service: Commission,2 reached on whether the antenna pro­ a. Whether the transmitter site and [seal! B en F. W aple, posed by Fond du Lac County Broad­ building which the applicant proposes to Secretary. casting Co. would constitute a menace to air navigation, an issue regarding this lease will be available to it upon the [F.R. Doc. 66-8091; Filed, July 22, 1966; terms and conditions specified in an 8:52 axu.} matter is required. agreement dated February 1, 1966, en­ 3. Except as indicated below, the ap­ titled “Option to Lease” and if not, the plicants are qualified to construct and terms and conditions or costs of another [Docket Nos. 16767, 16768; FCC 66M-1004] operate as proposèd. However, because site and building. of their mutual exclusivity, the Commis­ b. The basis for the applicant’s esti­ AMERICAN TELEVISION SERVICE AND sion is unable to make the statutory find­ mate of revenues in the first year of HOLSTON VALLEY BROADCASTING ing that a grant of the applications operation, whether such estimate is CORP. would serve the public interest, conven­ reasonable and, if not, the amount of ience and necessity and is of the opinion revenues which may be reasonably ex­ Order Scheduling Hearing that the applications must be designated pected in the first year. In re applications of Earl L. Boyles, for hearing on the issues set forth below. c. In the light of the evidence adduced C. E. Feltner, Jr., and Airways Broad­ 4. It is ordered, That, pursuant to sec­ pursuant to the foregoing, the manner casting Co., Inc., doing business as tion 309(e) of the Communications Act in which the applicant will obtain suf­ American Television Service, Kingsport, of 1934, as amended, the applications ficient additional funds to enable it to Tenn., Docket No. 16767, File No. BPCT- are designated for hearing in a consoli­ construct and operate the proposed 3269; Holston Valley Broadcasting Corp., dated proceeding, at a time and place to station for 1 year. Kingsport, Tenn., Docket No. 16768, File be specified in a subsequent order, upon d. Whether, in the light of the evi­ No. BPCT-3760; for construction permit the following issues: dence adduced pursuant to the foregoing, for new television broadcast station 1. To determine whether there is a the applicant is financially qualified. (Channel 19). reasonable possibility that the tower It is ordered, this 19th day of July height and location proposed by Fond du 2. To determine which of the pro­ Lac County Broadcasting Co. would con­ posals would better serve the public 1966, that. Thomas H. Donahue shall serve as Presiding Officer in the above- stitute a menace to air navigation. interest. 2. To determine in the event issue one 3. To determine, in the light of the entitled proceeding; that the hearings therein shall be convened on October 11, is resolved In Fond du Lac County Broad­ evidence adduced pursuant to the fore­ casting Co.’s favor, which of thé pro­ going issues, which of the applications posals would better serve the public should be granted. 3 Commissioner Johnson absent. interest.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10047

3. To determine, in the light of the [Docket Nos. 16765, 16766; FCC 66-642] stock subscriptions. John R. DiMeo, two- evidence adduced pursuant to the KJRD, INC., AND MOUNT-ED-LYNN, thirds owner, has subscribed for $10,000 foregoing issues which of the applica­ stock and Don Downing, one-third owner, tions should be granted. INC. has agreed to purchase $5,000 worth. In 5. It is further ordered, That the Fed­ Order Designating Applications for addition to his $10,000 stock subscrip­ eral Aviation Agency is made a party to tion, DiMeo has promised to loan Down­ Consolidated Hearing on Stated ing whatever funds he may need to meet the proceeding. Issues 6. It is further ordered, That, to avail his $5,000 commitment. DiMeo has also themselves of the opportunity to be In re applications of KJRD, Inc., agreed to advance the corporation any heard, the applicants and party respond­ Monroe, Wash., requests: 1510 kc/s, 250 amount needed to finance the construc­ ent herein, pursuant to § 1.221(c) of the w, Day, Docket No. 16765, File No. BP- tion and operation of the station. Thus, Commission’s rules, in person or by 16618; Mount-Ed-Lynn, Inc., Mountlake if DiMeo loans Downing $5,000, he will attorney, shall, within 20 days of the Terrace, Wash., requests: 1510 kc/s, 250 be required to carry the entire burden of mailing of this order, file with the Com­ w, DA-Day, Class II, Docket No. 16766, financing the proposal. An examination mission in triplicate, a written appear­ File No. BP-16882; for construction of DiMeo’s financial statement indicates ance stating an intention to appear on permits. that he has available only $19,557 in the date fixed for the hearing and pre­ At a session of the Federal Communi­ cash and other liquid assets to meet the sent evidence on the issues specified in cations Commission held at its offices required $38,189 estimate. Accordingly, this order. in Washington, D.C., on the 13th day of a financial issue will be specified. July 1966: 5. The Commission finds that, except 7. It is further ordered, That the ap­ as indicated by the issues specified below, plicants herein shall, pursuant to section 1. The Commission has before it the above-captioned applications which are the applicants are qualified to construct, 311(a)(2) of the Communications Act own and operate as proposed, but in view of 1934, as amended, and § 1.594 of the mutually exclusive in that simultaneous operation of the stations as proposed of the foregoing, the Commission is un­ Commission’s rules, give notice of the able to find that a grant of either of the hearing either individually or, if feasible would result in mutually destructive interference. aforementioned applications would serve and consistent with the rules, jointly, the public interest, convenience, and ne­ within the time and in the manner pre­ 2. An examination of the Mount-Ed- Lynn application indicates that a total of cessity, and is of the opinion that the scribed in such rule, and shall advise the applications must be designated for hear­ Commission of the publication of such $55,565.88 is needed to construct and operate the proposed station for a period ing in a consolidated proceeding upon notice as required by § 1.594(g) of the the issues set forth below. rules. of 1 year without revenues. The appli­ cant proposes to raise $27,100 from stock Accordingly, it is ordered, That, pur­ Released: July 20,1966. subscriptions, $18,920 credit from an suant to section 309 (e) of the Communi­ equipment manufacturer, and use exist­ cations Act of 1934, as amended, the ap­ F ederal Communications ing capital of $900, for a total of $46,920. plications are designated for hearing in Commission,1 This amount falls short of the applicant’s a consolidated proceeding, at a time and [seal] B en F. Waple, own estimate ($55,565.88) of the amount place to be specified in a subsequent or­ „ Secretary, needed to construct ($26,369.88) and op­ der, upon the following issues: [F.R. Doc. 66-8093; Filed, July 22, 1966; erate ($29,196) the proposed station 1. To determine the areas and popula­ 8:53 a.m.] without revenues for 1 year. In addi­ tions which would receive primary service tion, the amount available to the cor­ from each of the applications and the poration is contingent on the financial availability of other primary service to [Docket Nos. 16756, 16757; FCC 66M-1001] commitments of $3,900 from each of the such areas and populations. persons subscribing to the corporation’s 2. To determine with respect to the KFIZ BROADCASTING CO., AND FOND stock. From the personal financial application of Mount-Ed-Lynn, Inc.: DU LAC BROADCASTING CO. statements submitted by the subscribers, (a) Whether each of the subscribers the Commission is unable to conclude to the corporation’s stock has sufficient Order Scheduling Hearing that each of them has enough cash cash and/or liquid a ssets to meet their respective $3,900 stock purchase In re applications of KFIZ Broadcast­ and/or liquid assets to meet their com­ mitment. commitments. ing Co., Fond du Lac, Wis., Docket No. (b) Whether, on the basis of the 16756, File No. BPH-5194; Samuel G. 3. The Mount-Ed-Lynn proposal is for the town of Mountlake Terrace, amount available to the corporation as Costas, trading as Fond du Lac County determined from the evidence pursuant Broadcasting Co., Fond du Lac, Wis., Wash., located approximately 1.5 miles north of Seattle, Wash., with a popula­ to (a) above, Mount-Ed-Lynn, Inc., has Docket No. 16757; File No. BPH-5274; sufficient additional funds available to for construction permits. tion of 9,122 according to the 1960 U.S. Census. The population of Seattle ac­ it to construct and operate its proposed It is ordered, This 19th day of July cording to the same census, is 557,087. station for 1 year without revenues 1966, that Millard F. French shall serve Also, it is noted that Mount-Ed-Lynn’s and thus demonstrate its financial as Presiding Officer in the above-entitled proposed 5 mv/m daytime contour qualifications. proceeding; that the hearings therein penetrates Seattle’s city limits. Under 3. To determine whether the proposal' shall be convened on September 28, 1966, the Commission’s “Policy Statement on of Mount-Ed-Lynn, Inc., will realistically at 10 a.m.; and that a prehearing con­ section 307(b) Considerations for Stand­ provide a local transmission facility for ference shall be held on September 7, ard Broadcast Facilities Involving Sub­ its specified station location or for an­ 1966, commencing at 9 a.m.; And it is urban Communities” (FCC 65-1153, 2 other larger community, in light of all further ordered, That all proceedings FCC 2nd 190) a presumption thus arises the relevant evidence, including but not shall be held in the offices of the Com­ necessarily limited to, the showing with mission, Washington, D.C. that this applicant realistically proposes to serve Seattle rather than Mountlake respect to: Released: July 20,1966. Terrace and insufficient data is included (a) The extent to which the specified in the application to rebut this presump­ station location has been ascertained by F ederal Communications tion. Appropriate issues are included the applicant to have separate and dis­ Commission, in this order. tinct programing needs; [seal] B en F. W aple, 4. KJRD, Inc., has estimated that (b) The extent to which the appli­ Secretary. $39,189 will be needed to construct cant’s program proposal will meet the [F.R. Doc. 66-8094; Filed, July 22, 1966; ($11,189) and operate ($28,000) its pro­ specific, unsatisfied programing needs 8:53 a.m.] posed station for a period of one year of its specified station location; and without revenues. The applicant pro­ (c) The extent to which the projected poses to finance part of the construction sources of the applicant’s advertising 1 Commissioner Johnson absent. and operation of the station through revenues within its specified station loca-

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10048 # - NOTICES tion are adequate to support its proposal, Commission of the publication of such [Docket Nos. 16698, 16699; FCC 66M-990] as compared with its projected sources notice as required by § 1.594(g) of the from all other areas. rules. TRI-STATE BROADCASTERS, INC., 4. To determine, in the event it is AND EMMET RADIO CORP. concluded pursuant to the foregoing is­ Released: July 20, 1966. sue that the proposal wiH not realisti­ F ederal Communications Statement and Order After Prehearing cally provide a local transmission service Commission,1 Conference Including Memoran­ for its specified station location, whether [ seal] B en F. W aple, dum of Order Accepting Late Filed the proposal meets all of the technical Secretary. Appearance provisions of the rules, including §§ 73.30, [F.R. Doc. 66-8095; Filed, July 22, 1966; 73.31 and 73.188(b) (1) and (2), for 8:53 a.m.] In re applications of Tri-State Broad­ standard broadcast stations assigned to casters, Inc., Sioux Center, Iowa, Docket the most populous community for which No. 16698, File No. BP-16461; Emmet it is determined that the proposal will [Docket Nos. 16765, 16766; FCC 66M-996] Radio Corp., Estherville, Iowa, Docket realistically provide a local transmission KJRD, INC., AND MOUNT-ED-LYNN, No. 16699, File No. BP-16718; for con­ service. INC. struction permits. 5. To determine whether KJRD, Inc., 1. At today’s prehearing conference has sufficient funds available to construct Order Scheduling Hearing the unopposed motion of counsel for Tri- and operate its proposed station for one State Broadcasters, Inc., to accept late year without revenues and thus demon­ In re applications of KJRD, Inc., filed appearance, filed July 7, 1966, was strate its financial qualifications. Monroe, Wash., Docket No. 16765, File granted, and his appearance was ac­ 6. To determine, in the light of section No. BP-16618; Mount-Ed-Lynn, inc., cepted. 307(b) of the Communications Act of Mountlake Terrace, Wash., Docket No. 16766, File No. BP-16882; for construc­ 2. The following procedural schedule 1934, as amended, which of the proposals was agreed to: would better provide a fair, efficient and tion permits. equitable distribution of radio service. It is ordered, This 19th day of July Receipt of preliminary exchange of engi­ 7. To determine, in the event it is 1966, that Elizabeth C. Smith shall serve neering exhibits by August 26, 1966. concluded that a choice between the as Presiding Officer in the above-entitled Receipt of final exchange of engineering application should not be based solely proceeding; that the hearings therein and lay exhibits by October 3, 1966. shall be convened on September 29,1966, Receipt of notification of witnesses desired on considerations relating to section 307 for cross-examination by October 10, 1966. (b), which of the operations proposed at 10 a.m.; and that a prehearing con­ Hearing, October 17, 1966 (rescheduled in the above-captioned applications ference shall be held on September 9, from September 20). would better serve the public interest. 1966, commencing at 9 a.m.; And it is 8. To determine, in the light of the further ordered, That all proceedings So ordered, This 19th day of July 1966. evidence adduced pursuant to the fore­ shall be held in the offices of the Com­ Released: July 19,1966. going issues which, if either, of the ap­ mission, Washington, D.C. plications should be granted. Released: July 20, 1966. F ederal Communications It is further ordered, That, in the Commission, event either application is granted the F ederal Communications [ seal] B en F. W aple, construction permits shall contain the Commission, Secretary. following condition: Pending a final de­ [seal] B en F. W aple, Secretary. [F.R. Doc. 66-8098; FUed, July 22, 1966; cision in Docket No. 14419 with respect 8:53 a.m.] to presunrise operation with daytime fa­ [F.R. Doc. 66-8096; FUed, July 22, 1966; cilities, the present provisions of § 73.87 8:53 a.m.] of the Commission’s rules are not ex­ [Docket Nos. 16623, 16624; FCC 66M 981] tended to this authorization, and such [Docket Nos. 16679, 16680; FCC 66M-994] operation is precluded. WDIX, INC., AND RADIO It is further ordered, That, in the event RKO GENERAL, INC. (KHJ-TV), AND ORANGEBURG, INC. the application of KJRD, Inc., is granted, FIDELITY TELEVISION, INC. the construction permit should also spec­ Notice Advancing Prehearing Order Continuing Prehearing ify the following: Program test author­ Conference ity will not be authorized until John Conference DiMeo has submitted satisfactory evi­ In re applications of RKO General, Inc. In re applications of WDIX, Inc., dence to the effect that he has severed (KHJ-TV), Los Angeles, Calif., Docket Orangeburg, S.C., Docket No. 16623, File all connection with Station KAVO, Seat­ No. 16679, File No. BRCT-58, for renewal No. BPH-4554; Radio Orangeburg, Inc., tle, Wash. of broadcast license; Fidelity Tele­ Orangeburg, S.C., Docket No. 16624, Fie No. BPH-4642; for construction permits. It is further ordered, That, to avail vision, Inc., Norwalk, Calif., Docket No. themselves of the opportunity to be 16680, File No. BPCT-3655, for construc­ The Hearing Examiner having under heard, the applicants herein, pursuant tion permit for new television broadcast consideration a request filed on July 14, to § 1.221(c) of the Commission’s‘rules, station. 1966, by Radio Orangeburg, Inc., re­ in person or by attorney, shall, within At the request of RKO and with the questing that the further prehearing 20 days of the mailing of this order, file assent of the other parties, the further conference in this proceeding be con- with the Commission in triplicate, a writ­ prehearing conference now scheduled for jtinued to September 20, 1966; and ten appearance stating an intention to 9 a.m., August 1, 1966, is advanced to It appearing, that there is pending appear on the date fixed for the hearing 10 a.m., July 29,1966. before the Review Board certain plead­ and present evidence on the issues spec­ So ordered, This 19th day of July 1966. ings, the resolution of which may obviate ified in this order. Released: July 19,1966. the necessity for formal hearing; and It is further ordered, That, the appli­ It further appearing, that counsel for cants herein shall, pursuant to section F ederal Communications WDIX and counsel for the Broadcast 311(a) (2) of the Communications Act Commission, Bureau have consented to a grant of the of 1934, as amended, and § 1.594 of the [seal] B en F. W aple, instant request: Commission’s rules, give notice of the Secretary. It is therefore ordered, This 15th day hearing, either individually or, if feasi­ [F.R. Doc. 66-8097; Filed, July 22, 1966; of July 1966, that the request be and the ble and consistent with the rules, jointly, 8:53 a.m.] same is hereby granted and the prehear­ within the time and in the manner pre­ ing conference in this proceeding is con­ scribed in such rule, and shall advise the 1 Commissioner Johnson absent. tinued from July 18 to September 20,

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10049

1966, at 9 a.m., in the offices of the freight—$150.00; building—$5,000 and cates that the applicant is authorized Commission in Washington, D.C. operating expenses—$50,000. To meet to issue 100 shares of stock, the appli­ the cash requirements, the applicant re­ cant indicates in section II, paragraph Released: July 18,1966. lies upon the availability of a $100,000 11(d), FCC Form 301, that it is author­ F ederal Communications bank loan. However, since the bank loan ized to issue 500,000 shares. Moreover, Commission, commitment has expired, a financial is­ the applicant indicates in paragraph [seal] B en F. Waple, sue has been specified. 11(e) that it has already issued 400,000 Secretary. b. Since Federal Aviation Agency ap­ shares and in paragraph 1 1 (f) that it [F.R. Doc. 66-8099; Filed, July 22, 1966; proval has not been obtained for Bir­ has subscriptions for 100,000 shares. 8:53 a.m.] mingham Television Corp.’s antenna Since there is no evidence that the ap­ structure, an air menace issue has been plicant’s Certificate of Incorporation has specified. been amended to authorize the issuance [Docket No. 15461, etc.; FCC 66-636] c. With respect to the application of of 500,000 shares, an issue has been speci­ Tele-Mac of Birmingham, Inc., cash in fied to determine whether the applicant CHAPMAN RADIO & TELEVISION CO., the amount of $489,040 will be needed for is, or can be, authorized to issue 500,000 ET AL. the construction and first year operation shares. of the proposed station, consisting of f. Based on information contained in Order Designating Applications for lease of equipment for first year— the application of Birmingham Broad­ Consolidated Hearing on Stated $72,060; in te r e st on loan—$24,000; casting Co., cash in the amount of $384,- Issues land—$10,500; other items—$5,000 and 820 will be needed for the construction operating expenses—$377,480. To meet and first year operation of the proposed In re applications of William A. Chap­ the cash requirements, the applicant re­ station, consisting of down payment on man and George K. Chapman, doing lies upon the availability of $1,000 in equipment—$118,250, first year payments business as Chapman Radio & Tele­ cash and a $400,000 loan from its princi­ on equipment including interest—$91,- vision Co., Homewood, Ala., Docket No. pal stockholder, John McLendon. The 570, other items—$25,000 and cost of 15461, File No. BPCT-3282; Tele-Mac of applicant has demonstrated the avail­ operation—$150,000. To meet the cash Birmingham, Inc., Birmingham, Ala., ability of $899 in cash. However, Mc­ requirements, the applicant relies upon Docket No. 16759, File No. BPCT-3705; Lendon has not shown current and liquid the availability of $6,940 in cash, $8,538, Alabama Television, Inc., Birmingham, assets (as defined in section in , para­ in accounts receivable from the oper­ Ala., Docket No. 16760, File No. BPCT- graph 4(d), FCC Form 301) in excess of ation of Standard Broadcast Station 3706; Birmingham Broadcasting Co., current liabilities in sufficient amount to WLPH, Irondale, Ala., $100,000 in stock Birmingham, Ala., Docket No. 16761, meet his commitment to the applicant, subscriptions and $75,000 in loans. While File No. BPCT-3707; for construction particularly since he has already com­ the applicant has demonstrated the permit for new television broadcast sta­ mitted approximately $514,700 of his availability of $10,864 in cash and ac­ tion; and Birmingham Television Corp. funds toward the construction of a new counts receivable, it has not shown that (WBMG), Birmingham, Ala., Docket No. television broadcast station to operate on the subscribers have current and liquid 16758, File No. BPCT-3663, for modifica­ Channel 16, Jackson, Miss.2 Moreover, assets in excess of current liabilities in tion of construction permit. the applicant has made no showing as to sufficient amount to enable the sub­ At a session of the Federal Communi­ the validity of its $370,000 revenue esti­ scribers to meet their respective com­ cations Commission, held at its offices mate. Accordingly, financial issues have mitments to the applicant. Further­ in Washington, D.C., on the 13th day been specified. more, since there is no evidence of loan of July 1966; d. Based on information contained in commitments to the applicant of $75,000, 1. The Commission has before it for the application of Alabama Television, it cannot be determined that such funds consideration the above-captioned ap­ Inc., cash in excess of $953,000 will be are available. In addition, the applicant plications, three requesting a construc­ needed for the construction and first year has made no showing as to the validity of tion permit for a new television broad­ operation of the proposed station, con­ its $21,000 revenue estimate. Accord­ cast station to operate on Channel 21, sisting of down payment for equipment— ingly, financial issues have been specified. Birmingham, Ala., that of Chapman $222,146; first year payments on 3. Since the tower sites proposed by all Radio & Television Co., requesting a equipment including interest—$182,854; of the applicants will be located within construction permit for a new television land—$45,000; building—$30,000; other the vicinity of the tower of Standard broadcast station to operate on Channel items—$23,000 and cost of operation— Broadcast Station WJLD, Homewood, 21, Homewood, Ala., a community lo­ $450,000. Since a proposed $1,200,000 Ala., in the event of a grant of any of the cated within 15 miles of Birmingham,x bank loan to the applicant contains no applications, such grant shall be made and that of Birmingham Television terms with respect to repayment and Corp., requesting a modification of con­ subject to a proximity condition with interest, the exact amount of cash re­ respect thereto. struction permit to specify operation on quired by the applicant cannot be de­ Channel 21 in lieu of Channel 42, Bir­ termined. In addition, to the bank loan 4. The transmitter proposed by Tele- mingham, Ala. It appears that the of $1 ,200,000 the applicant relies upon Mac of Birmingham, Inc., has not been above-captioned applications are mutu­ the availability of $150,000 in subscrip­ type accepted by the Commission. Ac­ ally exclusive in that operation by the tions and $350,000 in loans from stock­ cordingly, in the event of a grant of the applicants as proposed would result in holders. While the applicant has dem­ application of Tele-Mac of Birmingham, mutually destructive interference. onstrated the availability of $105,000 in Inc., the grant shall be made subject to 2. With respect to the issues set forth subscriptions and $245,000 in loans, two the condition that, prior to licensing, the below, the following considerations are of its stockholders, John S. Jemison, Jr. permittee shall submit acceptable data relevant: and Paul C. Aiken have not shown cur­ for type acceptance of the proposed a. Based on information contained inrent and liquid assets in excess of cur­ transmitter in accordance with § 73.640 the application of Chapman Radio & rent liabilities in sufficient amount to of the Commission’s rules. Television Co., cash in the amount of meet their commitments to the appli­ 5. Except as indicated by the issues set $90,285 will he needed for the construc­ cant of $75,000 respectively. Further­ forth below, each of the applicants is tion and first year operation of the pro­ more, the applicant has made no showing qualified to construct, own and operate posed station, consisting of down pay­ as to the validity of its $350,000 revenue the proposed new television broadcast ment for equipment—$20,077; first year estimate. Accordingly, financial issues station. The applications are, however, payments for eq u ip m en t— $15,058; have been specified. mutually exclusive in that operation by e. While Birmingham Broadcasting the applicants as proposed would result in mutually destructive interference. 1 s ec. 73.607(b) provides: "A channel as­ Co.’s Certificate of Incorporation indi- signed to a community listed in the Table The Commission is, therefore, unable to of Assignments is available upon application 3 This application (BPCT-3647) is now in a make the statutory finding that a grant in any unlisted community which is located comparative hearing (Docket No. 16585) for of the applications would serve the pub­ within 15 miles of the listed community.” Channel 16, Jackson, Miss. lic interest, convenience and necessity.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 No. 142----- 5 10050 NOTICES

and is of the opinion that they must be a. In view of the fact that the appli­ tion of such notice as required by § 1.594 designated for hearing in a consolidated cant’s Certificate of Incorporation au­ (g) of the rules. proceeding on the issues set forth below. thorizes it to issue 100 shares of stock, Released: July20,1966. Accordingly, it is ordered, That, pur­ whether the applicant has, or can obtain, suant to section 309(e) of the Communi­ authority to issue 500,000 shares of stock. F ederal Communications cations Act of 1934, as amended, the b. Assuming that the applicant is au­ Commission,8 above-captioned applications are desig­ thorized to issue 500,000 shares of stock, [seal] B en F. W aple, nated for hearing in a consolidated whether the persons who have subscribed Secretary. proceeding at a time and place to be to stock have current and liquid assets [F.R. Doc. 66-8100; Filed, July 22, 1966; specified in a subsequent order, upon the (as defined in section, m , paragraph 8:53 ajn.] following issues: 4(d), FCC Form 301) in excess of current 1. To determine, with respect to the liabilities in sufficient amount to meet [Docket No. 15461, etc.; FCC 66M-1003] application of Chapman Radio & Tele­ their respective commitments to the ap­ vision Co.: plicant. CHAPMAN RADIO & TELEVISION CO., a. Whether the applicant can obtain C. Whether loans of $75,000 are avail­ ET AL. an extension of the $100,000 bank loan able to the applicant and, if so, the terms commitment from the Exchange Security and conditions upon which such loans Order Scheduling Hearing Bank, Birmingham, Ala. will be available. In re applications of William A. Chap­ b. If (a) above is resolved in the nega­ d. Assuming that all of the funds upon man and George K. Chapman, doing bus­ tive, whether the applicant has available which the applicant relies will be avail­ iness as Chapman Radio & Television, other sources of funds sufficient to meet able to it, how the applicant will obtain Co., Homewood, Ala., Docket No. 15461, its cash requirements for the construc­ additional funds to construct and operate File No. BPCT-3282; Tele-Mac of Bir­ tion and first year operation of the pro­ the proposed station for 1 year. mingham, Inc., Birmingham, Ala., posed station. e. Whether, in the light of the evidence Docket No. 16759, File No. BPCT-3705; c. Whether, in light of the evidence adduced pursuant to the foregoing, Bir­ Alabama Television, Inc., Birmingham, adduced pursuant to the foregoing, mingham Broadcasting Co., Inc., is fi­ Ala., Docket No. 16760, File No. BPCT- Chapman Radio & Television Co. is nancially qualified. 3706; Birmingham Broadcasting Co., financially qualified. 6. To determine which of the proposals Birmingham, Ala., Docket No. 16761, File 2. To determine whether there is a would better serve the public interest. No. BPCT-3707; for construction permit reasonable possibility that the tower 7. To determine, in the light of the for new television broadcast station height and location proposed by Bir­ evidence adduced pursuant to the fore­ (Channel 21); and Birmingham Tele­ mingham Television Corp. would consti­ going issues, which, if any, of the appli­ vision Corp. (WBMG), Birmingham, Ala., tute a menace to air navigation. cations should be granted. Docket No. 16758, File No. BPCT-3663, 3. To determine, with respect to the It is further ordered, That, in the event for modification of construction permit. application of Tele-Mac of Birmingham, of a grant of the application of Tele-Mac It is ordered, This 19th day of July Inc.: of Birmingham, Inc., such application 1966, that David I. Kraushaar shall serve a. Whether John McLendon has cur­ shall be granted subject to the condition as Presiding Officer in the above-entitled rent and liquid assets (as defined in sec­ that, prior to licensing, the permittee proceeding; that the hearings therein tion III, paragraph 4(d), FCC Form 301) shall submit acceptable data for type ac­ shall be convened on October 4, 1966, at in excess of current liabilities in sufficient ceptance of its proposed transmitter in 10 a.m.; and that a prehearing confer­ amount to meet his $400,000 loan com­ accordance with the requirements of ence shall be held on September 2, 1966, mitment to the applicant. § 73.640 of the Commission’s rules. commencing at 9 a.m.: And it is further b. Assuming that all of the funds upon It is further ordered, That the Federal ordered, That all proceedings shall be which the applicant relies will be avail­ Aviation Agency is made a party to this held in the offices of the Commission, able to it, how the applicant will obtain proceeding with respect to the applica­ Washington, D.C. additional funds to construct and oper­ tion of Birmingham Television Corp. Released: July 20, 1966. ate the proposed station for 1 year. It is further ordered, That, grant of c. 'Whether, in the light of the evidence- any application shall be made subject F ederal Communications adduced pursuant to the foregoing, Tele- to the following condition: “A skeleton Commission, Mac of Birmingham, Inc., is financially [seal] B en F. W aple, proof of performance shall be submitted, Secretary. qualified. consisting of at least five field intensity 4. To determine, with respect to-the measurements made between 2 and 10 [F.R. Doc. 66-8101; Filed, July 22, 1966; application of Alabama Television, Inc.: miles distance on each of eight equally 8:53 a jo .] a. The terms and conditions upon spaced radials before and after said con­ which a $1 ,200,000 loan will be available struction to prove that the construction [Docket Nos. 8167,16764; FCC 66-641] to the applicant from the Birmingham does not adversely effect the operation Trust National Bank. of Station WJLD.” WOODWARD BROADCASTING CO. b. In the light of the evidence adduced It is further ordered, That, to avail AND STORER BROADCASTING CO. pursuant to the foregoing, whether the (WJW) applicant has sufficient funds to meet its themselves of the opportunity to be cash requirements for the construction heard, the applicants herein, pursuant Memorandum Opinion and Order and first-year operation of the proposed to § 1.221(c) of the Commission’s rules, Designating Applications for Con­ station. in person or by attorney, shall within twenty (20) days of the mailing of this solidated Hearing on Stated Issues c. Whether John S. Jemison, Jr. and order, file with the Commission, in trip­ In re applications of Woodward Paul C. Aiken have current and liquid licate, a written appearance stating an Broadcasting Co., Wyandotte, Mich., assets (as defined in section III, para­ intention to appear on the date fixed for Docket No. 8167, File No. BP-5827, re­ graph 4(d), FCC Form 301) in excess of the hearing and present evidence on the quests: 850 kc, 5 kw, DA-2, U; Storer current liabilities in sufficient amount issues specified in this order. Broadcasting Co. (WJW), Cleveland, to meet their respective commitments to It is further ordered, That the appli­ Ohio, Docket No. 16764, File No. BP- the applicant. cants herein shall, pursuant to section 15776, has: 850 kc, 5 kw, 10 kw-LS, d. Whether in the light of the evidence 311(a) (2) of the Communications Act of DA-2 U, requests: Authority to increase adduced pursuant to the foregoing, Ala­ 1934, as amended, and § 1.594(a) of the radiation in null area of daytime radia­ bama Television, Inc., is financially Commission’s rules, give notice of the tion pattern; for construction permits. qualified. hearing, either individually or, if feasi­ 1. The Commission has before it for 5. To determine, with respect to the ble, jointly, within the time and in the consideration the above-captioned and application of Birmingham Broadcasting manner prescribed in such rule, and shall Co.: advise the Commission of the publica­ * Commissioner Johnson absent.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10051 described applications and the follow­ time the WJW application was tendered ward proposal would result in Wood­ ing pleadings: on October 25, 1962. Woodward urges ward’s noncompliance with forme” Pleadings relating to the Wyandotte that the acceptance of the application §§ 73.28(d) (3) (“10-percent” rules) and proposal which were filed prior to the by action of the Commission’s staff was 73.24(b); i.e., interference would reduce filing of an amendment to the applica­ improper because the WJW application service to an unsatisfactory degree. tion of the Woodward Broadcasting Co. proposes a significant increase in WJW’s 6. Woodward opposes the contentions (hereinafter Woodward) on May 8,1963: coverage and extensive interference to of KOA and WJW on the ground that the (a) A petition to designate the Wood­ the Woodward proposal, and the WJW allegations are speculative and lack spe­ ward application for hearing filed on proposal would receive significant inter­ cific factual support. With respect to November 13,1962, by the Storer Broad­ ference from the proposed operation of WJW’s claim of mutual interference be­ casting Co. (hereinafter WJW); Wood­ Woodward’s proposal. Thus, according tween WJW, existing and proposed op­ ward’s opposition to the petition; and to Woodward, the WJW proposal should erations, and the Woodward proposal, WJW’s reply to the opposition. have been deemed a major change, ac­ Woodward asserts that WJW’s claim is (b) Petition to deny the Woodward ceptance of which was barred by the pre­ foreclosed because of the action of the application filed on November 13, 1962, vailing interim criteria (AM “freeze”). Commission on September 2,1959, in au­ by the Metropolitan Television Co. It is WJW’s position that its proposal thorizing an increase in daytime power (hereinafter KOA) licensee of standard involves a readjustment in the daytime of WJW from 5 to 10 kilowatts and the broadcast Station KOA, Denver, Colo. antenna to fill a null in the existing subsequent action of the Commission on (850 kc, 50 kw, U, Class I-B ); Wood­ pattern and therefore a minor change, March 16, 1960, in dismissing Wood­ ward’s opposition to the petition; and the acceptance of which was proper since ward’s petition for reconsideration of the KOA’s reply to the opposition. applications for minor changes in exist­ WJW power increase. Storer Broad­ Pleadings relating to the Wyandotte ing station authorizations were not casting Co. (WJW), FCC 60-241 released proposal filed after the amendment to barred by the interim criteria. Both March 18, 1960. The Commission de­ the Woodward application on May 8, Woodward and WJW urge other proce­ clined to reconsider the WJW authoriza­ 1963: dural grounds in support of their re­ tion having found that the 10-kilowatt (c) Petition to designate the Wood­ spective positions. operation of WJW would not cause addi­ ward application for hearing filed on 4. The proposal contained in the WJW tional interference to the Woodward pro­ July 24,1963, by WJW. application is the type traditionally con­ posal and that the Woodward proposal (d) A second petition to deny the ap­ sidered a minor change notwithstanding would fully protect the former WJW 5- plication filed on July 24, 1963, by KOA; the increase of 1,313 square miles in the kilowatt operation and the 10-kilowatt Woodward’s opposition to the petitions WJW service area according to the data operation then proposed. The Commis­ of WJW and KOA; and replies to the submitted by WJW. However, whether sion further found that a grant of the opposition filed by WJW and KOA. the WJW proposal is considered a major WJW power increase would not, on the Pleadings on file which relate to the change or minor change, the Commission basis of the data on file at the time, pre­ application of WJW: is of the opinion that it is bound to re­ clude a grant of the Woodward proposal. (e) Petition to dismiss the WJW ap­ tain the WJW proposal on file under 7. It appears to be WJW’s position plication filed on December 19, 1962, by the doctrine of Kessler, et al. v. Federal that interference to the existing opera­ Woodward; an opposition to the petition Communications Commission, 117 U.S. tion of WJW would result due to the filed by WJW; and Woodward’s reply. App. D.C. 130, 326, F. 2d 673, 1 RR 2d alleged instability of Woodward’s direc­ (f) A motion to strike the petition to 2061 (1963), which held that, notwith­ tional antenna system and because dismiss the WJW application filed by standing the Commission’s interim cri­ Woodward may never be able to adjust WJW on January 21, 1963; Woodward’s teria, applicants who tendered applica­ and maintain the radiation pattern with­ opposition to the motion; and WJW’s tions which are mutually exclusive with in the restricted radiation values pro­ reply to the opposition. an application pending on May 11, 1962, posed. WJW now claims such interfer­ 2. The Woodward and WJW proposals are entitled to participate in a cpmpara- ence notwithstanding the Commission’s are mutually exclusive in that the pro­ tive hearing on that application under finding in 1960 that neither Woodward posed operation of WJW would affect the Ashbacker case (Ashbacker Radio nor WJW had shown interference from more than 10 percent of the population Corp. v. Federal Communications Com­ the Woodward proposal to the presently within Woodward’s proposed daytime mission, 326 U.S. 327 (1945)). The authorized daytime operation of WJW 0.5 mv/m service area in contravention Woodward proposal was pending on May and that the Commission’s study of the of former § 73.28(d) (3) of the Commis­ 11, 1962, and is mutually exclusive With proposal indicated no interference to the sion’s rules.1 Therefore, unless the the WJW proposal tendered for filing WJW 10-kilowatt operation. Woodward Commission grants Woodward’s petition during the time when the interim criteria claims that no interference would be to dismiss the WJW application, both were in effect. Therefore, WJW is en­ caused to the present operation of WJW. applications must be designated for titled to be considered in a consolidated There is also disagreement over the in­ hearing in a consolidated proceeding. proceeding with the Woodward proposal. terference which would be caused by Accordingly, the Commission will first Accordingly, Woodward’s petition to dis­ WJW (existing) to the Woodward pro­ consider Woodward’s petition to dismiss miss the WJW application will be denied, posal. According to information on file and WJW’s motion to strike that peti­ in the Woodward application at the time the-WJW proposal. tion will be dismissed as moot. the Commission authorized the 10-kilo­ 3. It is Woodward’s contention that 5. With respect to the Woodward ap­ watt daytime operation of WJW, the in­ the application of WJW, accepted as an plication, both WJW and KOA con­ terference caused to the Woodward application for the authorization of a tend that the nine-element directional proposal would affect 6.3 percent of the minor change, should have been con­ antenna array would not be stable and population within Woodward’s proposed sidered a major change and therefore could not be adjusted and maintained in normally protected daytime service area. not acceptable under the Interim Criteria a manner to insure adequate protection In May of 1963, after WJW was granted to Govern Standard Broadcast Applica­ to KOA and WJW. WJW also contends a power increase to 10 kilowatts, Wood­ tions, 23 RR 1545 (1962), in effect at the that the Woodward transmitter site is ward filed an amendment which made not suitable because of terrain irregu­ changes in the proposed directional an­ larities; nearby high voltage transmis­ tenna pattern and it is indicated in the 1 Former § 73.28(d) (3) and other former sion lines; supporting towers and other amendment that the population loss to provisions of the rules are applicable to the structures in the area which may pre­ Woodward’s present proposal would be Woodward application which was on file prior clude satisfactory adjustment and main­ to the adoption of new technical standards 9.1 percent. A study of the Woodward by the Commission to become effective on tenance of the proposed directional amendment made bn behalf of WJW August 13, 1964. Amendment of Part 73 of antenna system. WJW alleges that the claims that the loss would be 11.8 per­ the Commission’s rules regarding AM sta­ Woodward proposal would cause objec­ cent. As indicated hereinafter, the tion assignment standards, etc., 2 RR 2d tionable interference to the existing and Commission’s examination of the Wood­ 1658. See Charles W. Jobbins, et al., 2 FCC proposed operations of WJW and that ward proposal indicates there are several 2d 197, 6 RR 2d 574. the interference received by the Wood­ substantial questions which require reso-

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10052 NOTICES lution in hearing, and the Commission proposes to serve Detroit rather than its 15. The Commission finds that, except concludes that the disputed points on the specified community. In view of the long as indicated by the issues specified be­ question of alleged mutual interference period of time this application has been low, the applicants are qualified to con­ between the Woodward proposal and the on file, Woodward will be afforded an op­ struct, own and operate their respective existing operation of WJW and whether portunity to amend its application to stations as proposed but that, upon due interference from the existing operation attempt to rebut this presumption. If consideration of the applications and the of WJW to the Woodward proposal would Woodward successfully rebuts the pre­ pleadings herein, a hearing is necessary preclude compliance with former § 73.28 sumption or otherwise changes its pro­ and that the applications must be desig­ (d) (3) of the rules, should be resolved posal to make specification of issue num­ nated for hearing upon the issues speci­ on the basis of evidence adduced in that ber 8 infra unnecessary, such issue will fied below. proceeding. be deleted by the Commission. 16. Accordingly, it is ordered, This 8. Woodward contends not only that ~ 11. If issue eight is not deleted and 13th day of July 1966, that the petition the WJW and KOA petitions are sub­ Woodward fails to establish that it will of the Woodward Broadcasting Co. to stantively insufficient but that neither realistically serve Wyandotte under such dismiss the application of the Storer petitioner has established its standing to issue, its proposal will be deemed to be Broadcasting Co. is hereby denied; and object to the Woodward application. intended to serve Detroit unless the that, pursuant to section 309(e) of the Woodward asserts that the allegations do evidence establishes that it will realisti­ Communications Act of 1934, as not establish any interference to either cally serve a third community whose amended, the applications are desig­ station and that the Woodward opera­ boundaries are also penetrated by its 5- nated for hearing in a consolidated pro­ tion as proposed would not cause any in­ mv/m daytime contour. Woodward is ceeding, at a time and place to be speci­ terference to the existing operation of claiming that the former “10-percent” fied in a subsequent order, upon the either station. On the basis of the Com­ rule (§ 73.28(d) (3)) is inapplicable to its following issues: mission’s study of the Woodward pro­ nighttime proposal since it comes under 1. To determine the areas and popu­ posal, there is a substantial question one of the exceptions applicable to an lations which would receive primary as to whether the proposed directional application which proposes the first service from the proposed operation of antenna system can be adjusted and nighttime service to a community. How­ the Woodward Broadcasting Co. and the maintained as proposed. In the opera­ ever, if it is concluded that the Wood­ availability of other primary service to tion of the Woodward nine-element di­ ward proposal is realistically a Detroit such areas and populations. rectional antenna array with different proposal, Woodward will be required to 2. To determine the areas and popula­ radiation patterns day and night, a high establish compliance with the former tions which may be expected to gain or degree of suppression over wide angles § 73.28(d) (3) or that it is entitled to a lose primary service from the proposed is proposed for both modes of operation. waiver of the rule. Policy Statement, operation of Station WJW and the avail­ The proposed site is in the immediate supra, at paragraph 11; Charles W. Job- ability of other primary service to such vicinity of high voltage transmission bins, supra, at paragraph 4. areas and populations. lines, supporting towers and other struc­ 12. If it should be determined that the 3. To determine the nature and extent tures which may result in reradiation. Woodward proposal would realistically of the interference, if any, that each of In addition, it appears that terrain ir­ provide a local transmission service for the proposals would cause to and re­ regularities exist in the immediate Wyandotte, there is a question as to ceive from each other and the inter­ vicinity of the proposed site. If ade­ whether service would be reduced to an ference that each of the proposals would quate protection is to be afforded KOA unsatisfactory degree within the mean­ receive from all other existing standard and WJW, the proposed directional ing of former § 73.24(b) of the Commis­ broadcast stations, the areas qnd popu­ radiation patterns must be adjusted es­ sion’s rules, in view of the fact that, lations affected thereby, and the avail­ sentially to the restricted values of radia­ while Woodward claims that the pro­ ability of other primary service to the tion proposed. Accordingly, a substan­ posed operation would be limited night­ areas and populations affected by inter­ tial question obtains as to whether the time to 11.8 mv/m, the Commission’s ference from either of the proposals. directional antenna system proposed by study indicates that the limit would be 4. To determine whether the transmit­ Woodward can be adjusted and main­ substantially greater and extensive popu­ ter site proposed by the Woodward tained as proposed and whether, in fact, lation arid area losses would be involved. Broadcasting Co. is satisfactory with adequate protection would be afforded An appropriate contingent issue will particular regard to any conditions that the service areas of Stations KOA and therefore be specified. may exist which would distort the pro­ WJW. posed radiation patterns. 13. The most recent financial infor­ 5. To determine whether the Wood­ 9. Examination of the Woodward and mation in the Woodward application was WJW applications indicates that the ward Broadcasting Co. will be able to filed in 1959. Therefore, the Commis­ adjust and maintain the proposed direc­ WJW proposal would cause daytime in­ sion is specifying a financial issue to terference to the Woodward proposal in­ tional antenna system within the maxi­ permit a determination with respect to mum expected operating values of radi­ volving a population loss of 23.6 percent the current financial position of the cor­ which is excessive pursuant to the provi­ ation as proposed. poration and its principals. Woodward 6. To determine, in the light of the sions of former § 73.28(d) (3) of the will be afforded an opportunity to amend Commission’s rules. evidence adduced pursuant to the fore­ its application to include current finan­ going issues 4 and 5, whether the Wood­ 10. The major lobe of the daytime di­ cial information which will be considered ward Broadcasting Co. proposal would rectional antenna pattern proposed by by the Commission to determine whether cause interference to the existing oper­ Woodward is oriented in the direction of the.Woodward Broadcasting Co. is finan­ ations of Stations KOA, Denver, Colo., Detroit, Mich., a city with a 1960 popula­ cially qualified to construct and operate and WJW, Cleveland, Ohio, or to any tion of 1,670,144. As a result of the its proposed station for 1 year. Ultra­ other existing standard broadcast sta­ orientation of the major lobe, the pro­ vision Broadcasting Co., et al., 1 FCC 2d tion and, if so, the nature and extent posed daytime 5-mv/m contour not only 544, 5 RR 2d 343. If, upon consideration thereof, the areas and populations af­ penetrates the boundaries of Detroit but of the financial amendment by the Com­ fected thereby, and the availability of extends a substantial distance beyond the mission, it can be determined that Wood­ other primary service to such areas and city limits. Wyandotte, Woodward’s ward is qualified, the financial issue populations. specified community, is a city with a 1960 (issue 13 below) will be deleted. 7. To determine w h e t h e r daytime population of 43,519, less than half that 14. The proposed Woodward antenna groundwave interference received by the of Detroit. Accordingly, pursuant to system was once approved by the Fed­ Woodward Broadcasting Co. proposal the Commission’s Policy Statement on eral Aviation Agency. That approval, from the existing or proposed operation Section 307(b) Considerations for Stand­ however, has since expired. Therefore, of Station WJW or any other existing ard Broadcast Facilities Involving Subur­ an issue will be specified to determine standard broadcast stations would affect ban Communities; adopted December 22, whether the tower height and location more than 10 percent of the population 1965, 2 FCC 2d 190, 6 RR 2d 1901, it is proposed would constitute a menace to within the normally protected primary presumed that Woodward realistically air navigation. service area in contravention of former

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10053 § 73.28(d) (3) of the Commission’s rules, Woodward Broadcasting Co. would con­ cross-modulation and reradiation. In and, if so, whether circumstances exist stitute a menace to air navigation. addition, field observations shall be made which would warrant a waiver of said 13. To determine, with respect to the to determine whether spurious emissions section. application of the Woodward Broadcast­ exist, and any objectionable interference 8. To determine whether the proposal ing Co.: problems resulting therefrom shall be of the Woodward Broadcasting Co. will (a) The current financial position of eliminated. realistically provide a local transmis­ the corporation and its principals and Pending a final decision in Docket No. sion facility for its specified station lo­ whether sufficient funds are available to 14419 with respect to presunrise opera­ cation or for another larger community, meet the costs of construction and initial tion with daytime facilities, the present in the light of all the relevant evidence, operation of the proposed station. provisions of § 73.87 of the Commission’s including, but not necessarily limited to, (b) In the event the applicant will rules are not extended to this authoriza­ the showing with respect to: depend upon operating revenues during tion, and such operation is precluded. (a) The extent to which the specified the first year of operation to meet fixed It is further ordered, That, in the event station location has been ascertained by costs and operating expenses, the basis of a grant of the application of the the Woodward Broadcasting Co. to have of the applicant’s estimated revenues for Storer Broadcasting Co. (WJW), the separate and distinct programing needs; the first year of operation. construction permit shall include the fol­ (b) The extent to which, the needs (c) Whether, in view of the evidence lowing conditions: of the specified station location are be­ adduced with respect to items 13-a and Permittee shall submit new common ing met by existing standard broadcast 13-b, above, the Woodward Broadcasting point impedance measurements and suf­ stations; Co. is financially qualified to construct ficient field intensity measurement data (c) The extent to which the Wood­ and operate the proposed station in that the daytime directional antenna array ward Broadcasting Co.’s program pro­ it has or will have sufficient funds for the has not adversely affected the operation posal will meet the specific,-unsatisfied construction and operation of such sta­ of the nighttime directional antenna programing needs of its specified station tion for at least 1 year. array. location; and 14. To determine, in the light of sec­ Pending a final decision in Docket No. (d) The extent to which the projected tion 307(b) of the Communications Act 14419 with respect to presunrise opera­ sources of the Woodward Broadcasting of 1934, as amended, which of the pro­ tion with daytime facilities, the present Co.’s advertising revenues within its posals would better provide a fair, effi­ provisions of § 73.87 of the Commission’s specified station location are adequate to cient and equitable distribution of radio rules are not extended to this authoriza­ support the proposed station as com­ service. tion, and such operation is precluded. pared with the projected sources from all 15. To determine, in the light of the It is further ordered. That the petitions other areas. evidence adduced pursuant to the fore­ filed by the Storer Broadcasting Co. and 9. To determine, in the event that it is going issues, which, if either, of the ap­ the Metropolitan Television Co. are concluded pursuant to the foregoing plications should be granted. granted to the extent indicated above issue 8, that the proposal of the Wood­ It is further ordered, That the Wood­ and are denied in all other respects. ward Broadcasting Co. will not realis­ ward Broadcasting Co. is hereby granted It is further ordered, That to avail tically provide a local transmission serv­ leave to amend its application within themselves of the opportunity to be ice for its specified station location, forty-five (45) days of the date of the re­ heard, the applicants and parties re­ whether the proposal meets all of the lease of this Memorandum Opinion and spondent herein, pursuant to § 1 .2 2 1(c) technical provisions of the rules, includ­ Order to include all information it desires of the Commission’s rules, in person or ing §§ 73.30, 73.31, and 73.188(b) (1 ) and the Commission to consider in connection by attorney, shall, within twenty (20) (2), for standard broadcast stations as­ with its determination with respect to days of the mailing of this order, file signed to the most populous community issues 8 and 13, above. with the Commission in triplicate, a for which it is determined that the pro­ It is further ordered, That the Metro­ written appearance stating an intention posal will realistically provide a local politan Television Co., licensee of stand­ to appear on the date fixed for the hear­ transmission service. ard broadcast Station KOA, Denver, ing and present evidence on the issues 10. To determine, in the event that it Colo., and the Federal Aviation Agency specified in this order. is concluded pursuant to issue 8 above, are made parties to the proceeding. It is further ordered, That the appli­ that the Woodward Broadcasting Co. will It is further ordered, That, the Storer cants herein shall, pursuant to section not realistically provide a local transmis­ Broadcasting Co. is made a party re­ 311(a)(2) of the Communications Act sion service for its specified station loca­ spondent with respect to the existing of 1934, as amended, and § 1.594 of the tion, whether the most populous com­ operation of WJW. Commission’s rules, give notice of the munity for which it is determined that It is further ordered, That, In the event hearing, either individually or, if feasible the Woodward Broadcasting Co. will pro­ of a grant of the application of the and consistent with the rules, jointly, vide a realistic local transmission service Woodward Broadcasting Co., the follow­ within the time and in the manner pre­ has any standard broadcast nighttime ing conditions shall be included in the scribed in such rule, and shall advise the facility, or whether the interference construction permit: Commission of the publication of such which would be received by the proposed A study based upon anticipated vari­ notice as required by § 1 .594(g) of the operation would affect more than 10 per­ ations in phase and magnitude of current rules. cent of the population within the in the individual antenna towers after Released: July 19,1966. normally protected primary service area initial adjustment, must be submitted in contravention of former § 73.28(d) (3) with the application for license to indi­ F ederal Communications of the rules, and, if so, whether circum­ cate clearly that the inverse distance field Commission,2 stances exist which would warrant the strength at 1 mile can be maintained [ seal] B en F. Waple, waiver of that section of the rules. within the maximum expected operating Secretary. values of radiation specified in the radia­ [F.R. Doc. 66-8102; Filed, July 22, 1966; 11. To determine, in the event it is tion pattern. Allowable deviations in 8:53 a.m.] determined pursuant to issue 8 above, phase and current determined from this that the Woodward Broadcasting Co. study will be incorporated in the instru­ [Docket Nos. 8167,16764; FCC 66M-992[ will realistically provide a local trans­ ment of authorization. mission service for its specified station Permittee shall assume responsibility WOODWARD BROADCASTING CO. location, whether the proposed nighttime for the elimination of interference due AND' STORER BROADCASTING CO. service would be reduced to an unsatis­ to external cross-modulation and for the (WJW) factory degree contrary to the provisions installation and adjustment of filter cir­ of former § 73.24(b) of the Commission’s Order Scheduling Hearing rules. cuits or other equipment in the antenna systems of the proposed operation and of In re applications of Woodward Broad­ 12. To determine whether there is a Station WJR, Detroit, Mich., or any casting Co., Wyandotte, Mich., Docket reasonable possibility that the tower other station which may be necessary, height and location proposed by the to prevent adverse effects due to internal •Commissioner Johnson absent.

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10054 No. 8167, Pile No. BP-5827; Storer Broad­ further ordered, That all proceedings Expected date of casting Co. (WJW), Cleveland, Ohio, shall be held in the offices of the Com­ Call letters Location Power kw Antenna Sched­ Class commencement of Docket No. 16764, File No. BP-15776; for mission, Washington, D.C. ule operation construction permits. It is ordered, This 19th day of July Released: July 19,1966. 710 kilocycles XEON (correction Tuxtla Gutierrez, Chia­ 2 kw-D/1 kw- ND u II 1966, that Forest L. McClenning shall Fédéral Communications of an omission: pas. N. serve as Presiding Officer in the above- Commission, In operation with entitled proceeding; that the hearings 2 kw-D, 1 kw-N, therein shall be convened on October 11, [seal] B en F. W aple, ND). 1966, at 10 a.m.; and that a prehearing Secretary. 790 kilocycles XESU (notified pre­ Tijuana, Baja, Califor­ 0.5 kw...... ND D III conference shall be held on September 6, [F.R. Doc. 66-8103; Filed, July 22, 1966; viously with 1 kw nia. 1966, commencing at 9 a.m.: And it is 8:53 a.m.] ND D. In opera­ tion). 1170 kilocycles XERT (now in op-" Reynosa, Tamaulipas... 5 kw...... ND D II [Informal Mexican List 236] eration on new frequency). MEXICAN BROADCAST STATIONS 1890 kilocycles XEAI (PO: 1 kw Mexico, D.F...... 10 kw-D/5 kw-N. DA-N U III ND U III), List of Changes, Proposed Changes, and Corrections in Assignments 1110 kilocycles XEAS (correction of Nuevo Laredo, Tamau­ 1 kw-D/0.250 ND u IV July 15, 1966.1 an omission: In lipas. kw-N. Notifications under the provision of Part III, section 2 of the North American operation with 1 kw-D, 0.25 kw-N, Regional Broadcasting Agreement. / ND). List of changes, proposed changes, and corrections in assignments of Mexican H50 kilocycles Broadcast Stations Modifying the Appendix containing assignments of Mexican XEVH (correction Valle Hermoso, Tamau­ 1 kw-D/0.250 ND u IV of an omission: lipas. kw-N. broadcast stations (Mimeograph No. 4721-6) attached to the Recommendations of In operation with the North American Regional Broadcasting Agreement Engineering Meeting, Jan­ 1 kw-D, 0.250 kw-N). uary 30,1941. H70 kilocycles XEHI (now in op­ Cd. Miguel Aleman, 1 kw-D/0.25 ND u III- D Expected date of eration with great­ Tamaulipas. kw-N. IV- N NOTICES Call letters Location Power kw Antenna Sched­ Class commencement of er day power). ule operation U70 kilocycles XESM (correction Mexico, D.F--...... 10 kw-D/5 kw- ND u • III of an omission: In N. 670 kilocycles operation with 10 XELO (correction of Morelia, Michoacan...... 1 kw...... - ND U III kw-D, 5 kw-N an omission: In op­ ND U). eration with 1 kw ND U). 680 kilocycles XEAV (previously Guadalajara, Jalisco...... 5 kw-D/1 kw-N. ND U III F ederal Communications Commission, notified with 25 kw DA U III. [seal] B en F. Waple, Change immedi­ Secretary. ately). 690 kilocycles [F.R. Doc. 66-8104; Filed, July 22,1966; 8:53 a.m.] XEHQ (temporary Hermosillo, Sonora...... 1 kw...... ND u III operation with 0.5 kw ND U). tain measuring and related facilities for 690 kilocycles XEFD (now in op­ Rio Bravo, Tamaulipas. 5 kw-D/0.25 ND ) u IV FEDERAL POWER COMMISSION the purpose of providing an additional eration on new fre­ kw-N. point of delivery to Shenandoah Gas Co. quency). [Docket No. CP67-2] (Shenandoah), one of Applicant’s pres­ 610 kilocycles XEBX (notified Sabinas, Coahuila...... 3 kw-D/0.5 kw- ND u III ATLANTIC SEABOARD CORP. ent wholesale customers, to permit Shen­ previously with 5 N. andoah to serve a new market area, all kw-D,-0.5 kw-N, ND. In opera­ Notice of Application as more fully set forth in the application tion). which is on file with the Commission and 690 kilocycles July 18,1966. XEBU (correction Chihuahua, Chihuaha.. 5 kw-D/0.250 ND u IV open to public inspection. of an omission: In kw-N. Take notice that on July 11, 1966, At­ Specifically, Applicant proposes to in­ operation with 5 kw-D, 0.250 kw- lantic Seaboard Corp. (Applicant), Post stall measuring equipment in order to N). Office Box 1273, Charleston, W. Va. establish a new delivery point to Shenan­ J 25325, filed in Docket No. CP67-2 an ap­ doah so that Applicant may sell and de­ 1FCC Note: Mexican Change List No. 236 was received undated with a transmittal letter plication pursuant to section 7 (c) of the liver natural gas from its 24-inch trans­ from the Mexican Administration dated July 5, 1966. As of this issue date Mexican Change Natural Gas Act for a certificate of pub­ mission pipeline to Shenandoah for re­ List No. 235 has not been received and Change List No. 236 has not been received through lic convenience and necessity authorizing sale in the new distribution market of official channels. the construction and operation of cer­ New Market, Va.

FEDERAL P.EGÎSTER, VOL. 31, NO. 142 -----SATURDAY, JULY 23, 1966 NOTICES 10055

By its companion application filed in consumers located near Tama, Iowa, all forth in the application which is on file Docket No. CP66-428 on June 28, 1966, as more fully set forth in the application with the Commission and open to public Shenandoah proposes, before the end of which is-on file with the Commission inspection. 1966, to construct distribution facilities and open to public inspection. Specifically, Applicant seeks authori­ and initiate the retail distribution and Applicant states that Iowa Electric zation to increase its interruptible sales sale of natural gas in the town of New proposes to deliver 20 Mcf per day of to Gulf States from the presently au­ Market, an area not heretofore served natural gas on a' firm basis to Tama thorized maximum of 6,000 Mcf per day with natural gas., Applicant states that Packing Co. for its processing require­ to a maximum of 9,500 Mcf per day; and in order to supply the gas necessary for ments. Applicant further states annual to American Can from the presently au­ this purpose, Shenandoah recently re­ sales to Tama on both a firm and inter­ thorized maximum of 4,000 Mcf per day quested it to provide an additional point ruptible basis are estimated to be 86,750 to a maximum of 10,000 Mcf per day. of delivery from Applicant’s 24-inch gas Mcf. The firm volumes are to be re­ By order issued August 16, 1957, in transmission pipeline in Shenandoah served from the contract demand of Docket No. G-12763 (18 FPC 182), Ap­ County, Va. Tama, Iowa. plicant was authorized to sell gas in an Applicant further states that gas sales The application states that Iowa Elec­ amount up to 6,000 Mcf per day on an made to Shenandoah through the addi­ tric also proposes to serve Bituminous interruptible basis to Gulf States for use tional point of delivery herein proposed Materials Co. (Bituminous) on an inter­ in the latter’s paper mill in Marengo will be made pursuant to Applicant’s ef­ ruptible basis only. Annual sales to County, Ala., and to deliver such gas to fective FPC Gas Tariff, Eighth Revised Bituminous are estimated to be 39,000 Marengo Corp. (Marengo) for the ac­ Volume No. 1, under which it presently Mcf. count of Gulf States. The same order sells gas to Shenandoah. Total estimated cost of Applicant’s authorized Marengo in Docket No. G - The total estimated cost of the Appli­ proposed construction is approximately 12764 to transport the gas from the point cant’s proposed construction is approxi­ $11,320, and will be financed with cash of delivery from Applicant to the Gulf mately $2,650, and will be financed with on hand. States plant near Linden, Ala. cash on hand. Protests or petitions to intervene may By order issued March 17, 1958, in Protests or petitions to intervene may be filed with the Federal Power Com­ Docket No. G-13911 (19 FPC 339), Ap­ be filed with the Federal Power Commis­ mission, Washington, D.C. 20426, in ac­ plicant was authorized to sell gas in an sion, Washington, D.C. 20426, in accord­ cordance with the rules of practice and amount up to 1,000 Mcf per day on an ance with the rules of practice and pro­ procedure (18 CFR 1.8 or 1.10) and the interruptible basis to American Can for cedure <18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act use in the latter’s paper mill in Choctaw regulations under the Natural Gas Act (157.10) on or before August 12, 1966. County, Ala., and to deliver such gas to (157.10) on or before August 12, 1966. Take further notice that, pursuant to Marengo for the account of American Take further notice that, pursuant to the authority contained in and subject to Can. The same order authorized Maren­ the authority contained in and subject to the jurisdiction conferred upon the Fed­ go in Docket No. G-13912 to transport the jurisdiction conferred upon the Fed­ eral Power Commission by sections 7 and the gas from the point of delivery from eral Power Commission by sections 7 and 15 of the Natural Gas Act and the Com­ Applicant to American Can’s plant near 15 of the Natural Gas Act and the Com­ mission’s rules of practice and procedure, Naheola, Ala. By subsequent order is­ mission’s rules of practice and proce­ a hearing will be held without further sued April 12, 1960 (23 FPC 599), in dure, a hearing will be held without fur­ notice before the Commission on this Docket Nos. G-20119 (Applicant) and ther notice before the Commission on application if no protest or petition to G-20320 (Marengo), the Commission au­ this application if no protest or petition intervene is filed within the time re­ thorized an increase in the interruptible to intervene is filed within the time re­ quired herein, if the Commission on its delivery by Applicant to American Can quired herein, if the Commission on its own review of the matter finds that a from 1,000 Mcf per day to 4,000 Mcf per own review of the matter finds that a grant of the certificate is required by the day and a corresponding increase in the grant of the certificate is required by the public convenience and necessity. If a volume Marengo was authorized to public convenience and necessity. If a protest or petition for leave to intervene transport. protest or petition for leave to intervene is timely filed, or if *the Commission on its Marengo has, concurrently herewith, is timely filed, or if the Commission "on own motion believes that a formal hear­ filed a companion application on July 11, its own motion believes that a formal ing is required, further notice of such 1966, in Docket No. CP67-5, requesting hearing is required, further notice of hearing will be duly given. authority to increase its transportation such hearing will toe duly given. Under the procedure herein provided of gas for Gulf States from 6,000 Mcf per Under the procedure herein provided for, unless otherwise advised, it will be day to 9,500 Mcf per day, and its trans­ for, unless otherwise advised, it will be unnecessary for Applicant to appear or portation of gas for American Can from unnecessary for Applicant to appear or be represented at the hearing. 4,000 Mcf per day to 10,000 Mcf per day, be represented at the hearing. J oseph H. Gutride, and for authority to construct certain J oseph H. Gutride, Secretary. minor facilities related to this increased transportation. Secretary. [F.R. Doc. 66-8027; Filed, July 22, 1966; [F.R. Doc. 66-S026; Filed, July 22, 1966; 8:46 a.m.] Protests or petitions to intervene may 8:46 a.m.] be filed with the Federal Power Commis­ sion, Washington, D.C. 20426, in accord­ [Docket No. CP67-4J ance with the rules of practice and proce­ {Docket No. CP67-3] dure (18 CFR 1.8 or 1.10) and the regu­ TRANSCONTINENTAL GAS PIPE LINE lations under the Natural Gas Act NORTHERN NATURAL GAS CO. CORP. (157.10) on or before August 12,1966. Notice of Application Notice of Application Take further notice that, pursuant to the authority contained in and subject J uly 18, 1966. J uly 18,1966. to the jurisdiction conferred upon the Take notice that on July 1 1 , 1966, Take notice that on July 11, 1966, Federal Power Commission by sections Northern Natural Ga^ Co. (Applicant), Transcontinental Gas Pipe Line Corp. 7 and 15 of the Natural Gas Act and the 2223 Dodge Street, Omaha, Nebr. 68102, (Applicant), Post Office Box 1396, Hous­ Commission’s rules of practice and proce­ filed in Docket No. CP67-3 an applica­ ton, Tex. 77001, filed in Docket No. dure, a hearing will be held without fur­ tion pursuant to section 7 (c) of the CP67-4 an application pursuant to sec­ ther notice before the Commission on this Natural Gas Act requesting authority to tion 7 (c) of the Natural Gas Act for a application if no protest or petition to construct and operate measuring and certificate of public convenience and intervene is filed within the time required regulating facilities and appurtenances necessity authorizing the increase of its herein, if the Commission on its own re­ and to deliver natural gas to Iowa Elec­ interruptible sales to Gulf States Paper view of the matter finds that a grant of tric Light & Power Co. (Iowa Electric) Co. (Gulf States) and to American Can the certificate is required by the public for resale to two large volume industrial Co. (American Can), as more fully set convenience and necessity. If a protest

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 10056 NOTICES or petition for leave to intervene is timely provided by this Office will be rendered Trade Commission Act, which was also filed, or if the Commission on its own mo­ by the New York Area Office, in Jamaica, granted, is terminated, except that noth­ tion believes that a formal hearing is N.Y. ing stated herein shall affect the im­ required, further notice of such hearing (Sec. 313(a), 72 Stat. 752, 49 U.S.C. 1354) munity of said production pool and its will be duly given. participating members for those acts Under the procedure herein provided Oscar B akke, performed or omitted during the period for, unless otherwise advised, it will be Director, Eastern Region. when such request and approval of said unnecessary for Applicant to appear or [F.R. Doc, 66-8025; Filed, July 22, 1966; pool were in effect. 8:46 a.m.] be represented at the hearing. Dated: July 12, 1966. J oseph H. G utride, Bernard L. Boutin, Secretary. Administrator. [F.R. Doc. 66-8028; Filed, July 22, 1966; FEDERAL MARITIME COMMISSION 8:46 a.m.] [F.R. Doc. 66-8057; Filed, July 22, 1966; [Fact Finding Investigation 6] 8:49 a.m.] [Docket No. RP67-3] STEAMSHIP CONFERENCE N.Y.R.A.D. TEAM, INC. TRANSCONTINENTAL GAS PIPE LINE Notice of Hearing Regarding Effects CORP. on Foreign Commerce of United Notice of Withdrawal of Request To States Operate and Participate in Small Notice of Proposed Changes in Rates J uly 19, 1966. Business Research and Develop­ and Charges A further hearing in this proceeding ment Pool will commence at 9:30 a.m., on Septem­ The request to the N.Y.R.A.D. Team, J uly 21, 1966. ber 8, 1966, Room 421, Appraisers Build­ Pursuant to § 2.59 of the Commission’s ing, San Francisco, Calif. The hearing Inc., to operate as a small business re­ rules (18 CFR 2.59), notice is hereby will be open to the public. search and development pool, and to cer­ given that on July 20, 1966, Transcon­ tain companies to participate in the tinental Gas Pipe Line Corp. filed pro­ R alph P. Dickson, operations of said pool, and the approval posed changes in its PPC Gas Tariff, Investigative Officer. of the voluntary program submitted for Original Volume No. 1 and Original Vol­ [F.R. Doc. 66-8068; Filed, July 22, 1966; the operation of said pool, as set forth ume No. 2, to become effective as of the 8:50 a.m.] in 26 F.R. 10010 (Oct. 25, 1961), are first day of the month during which the hereby withdrawn. Immunity from prosecution under the Commission issues its order approving [No. 66-41; Agreement 9291] the agreement filed concurrently with Federal antitrust laws and the Federal the proposed tariff changes. The newly U.S. ATLANTIC & GULF/AUSTRALIA- Trade Commission Act, which was also proposed changes reflect decreased rates NEW ZEALAND CONFERENCE granted, is terminated, except that noth­ and charges in Rate Schedules CD-I, ing stated herein shall affect the immu­ CD-2, CD-3, GSS, 0-1, G-2, G-3, OG-1, Investigation and Hearing of Agree­ nity of said research and development OG-2, OG-3, LTF-2, LTF-3, S-2, ACQ- ment; Addition of Member Line pool and its participating members for those acts performed or omitted during 2, ACQ-3, X -ll, and X-42. The pro­ J uly 19, 1966. posed decrease aggregates approximately the period when such request and ap­ $8,300,000, based upon estimated 1966 Add the following member line of the proval of said pool were in effect. billing quantities and represents pri­ U.S. Atlantic & Gulf/Australia-New Zea­ Dated: July 12,1966. marily the reduction in Federal income land Conference to the list of respond­ ents on page 2 of the Appendix to the Bernard L. Boutin, tax resulting from the company’s flow­ Administrator. through of its use of liberalized deprecia­ order served July 15, 1966, in this pro­ tion as a tax deduction. ceeding: [F.R. Doc. 66-8058; Filed, July 22, 1966; The agreement submitted with the rate Blue Star Line, Ltd., c/o Booth American 8:49 a.m.] changes also provides for future rate Shipping Corp., 17 Battery Place, New York, reductions to reflect supplier reductions N.Y. 10004. ' and for flow-through of any refunds T homas Lis i, received from suppliers. Secretary. DEPARTMENT OF LADOR Copies of the proposed rate changes [F.R. Doc. 66-8069; Filed, July 22, 1966; Wage and Hour Division and the agreement have been served by 8:50 a.m.] Transcontinental upon its customers and CERTIFICATES AUTHORIZING THE EM­ State commissions. PLOYMENT OF LEARNERS AT SPE­ Comments may be filed with the Com­ SMALL BUSINESS CIAL MINIMUM RATES mission on or before August 2, 1966. Notice is hereby given that pursuant J oseph H. Gtjtride, to section 14 of the Fair Labor Standards Secretary. ADMINISTRATION Act of 1938 (52 Stat. 1060, as amended, [F.R. Doc. 66-81; Filed, July 22, 1966; ASTRO AGE INDUSTRIES, INC. 29 U.S.C. 201 et seq.), and Administra­ 8:53 a.m.] tive Order No. 579 (28 F.R. 11524) the Notice of Withdrawal of Request To firms listed in this notice have been is­ Operate and Participate in Small sued special certificates authorizing the Business Defense Production Pool employment of learners at hourly wage FEDERAL AVIATION AGENCY rates lower than the minimum wage The request to Astro Age Industries, rates otherwise applicable under section AIRPORT DISTRICT OFFICE AT Inc., to operate as a small business 6 of the act. The effective and expira­ HARRISBURG, PA. defense production pool, and to certain tion dates, occupations, wage rates, num­ Notice of Closing companies to participate in the opera­ ber or proportion of learners and learn­ tions of said pool, and the approval of ing periods, for certificates issued under Notice is hereby given that on or about the voluntary program submitted for the general learner regulations (29 CFR 522.1 August 31, 1966, the Airport District operation of said pool, as set forth in to 522.9), and the principal product Office at Harrisburg, Pa., will be closed. 26 F.R. 11757 (Dec. 7, 1961), are hereby manufactured by the employer are as Services to other Federal activities, State withdrawn. indicated below. Conditions provided in and municipal agencies, airport sponsors, Immunity from prosecution Under the certificates issued under the supple­ and the general aviation public formerly Federal antitrust laws and the Federal mental industry regulations cited in the

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 NOTICES 10057

captions below are as established in those machine stitchers for normal labor turnover Signed at Washington, D.C., this 15th I regulations. purposes (fabric and leather gloves). day of July 1966. Apparel industry learner regulations Knitted Wear Industry Learner Regu­ R obert G. G ronewald, [ (29 CPR 522.1 to 522.9, as amended, and lations (29 CFR 522.1 to 522.9, as Authorized Representative 129 CPR 522.20 to 522.25, as amended). amended, and 29 CFR 522.30 to 522.35, of the Administrator. The following learner certificates were as amended). [F.R. Doc. 66-8060; Filed, July 22, 1966; issued authorizing the employment of 10 Sweetree Mills, Inc., West Academy Street, [percent of the total number of factory Cherryville, N.C.; effective 6-30-66 to 6-29-67, 8:49 a.m.] [production workers for normal labor 5 percent of the total number of factory pro­ [turnover purposes. The effective and duction workers for normal labor turnover [expiration dates are indicated. purposes (ladies’ sweaters). Angelica Uniform Co., Eminence, Mo.; ef- INTERSTATE COMMERCE | fective 6-20-66 to 6-19-67 (women’s work Regulations Applicable to the Employ­ I clothes). ment of Learners (29 CFR 522.1 to 522.9, COMMISSION Barbizon of Utah, Inc., 150 West 1230 North, as amended). | [provo, Utah; effective 7-11-66 to 7-10-67 Blue Grass Industries, Inc., State High- * [Notice 1387] [(ladies’ lingerie, slips, gowns, and pajamas). way No. 36, RFD No. 2, Carlisle, Ky.; effec­ H. & H. Manufacturing Corp., Statham, Ga.; tive 6-30-66 to 12-29-66; 5 percent of the MOTOR CARRIER TRANSFER I effective 6-30-66 to 6-29-67 (men’s dress total number of factory production workers PROCEEDINGS [pants). for normal labor turnover purposes, in the Helco, Inc., of Georgia, Post Office Box occupation of sewing machine operator for J uly 20,1966. i 5282 Greenville, S.C.; effective 6-30-66 to a learning period of 320 hours at the rates of Synopses of orders entered pursuant to 16- 29-67 (children’s playwear and pajamas). $1.15 an hour for the first 160 hours and $1.20 section 212(b) of the Interstate Com­ Lee Mar Shirt Co., Inc., Pulaski, Tenn.; an hour for the remaining 160 hours | effective 7-5-66 to 7-4-67 (boys’ sport shirts). (women’s sanitary belts and men’s athletic merce Act, and rules and regulations pre­ Marietta Sportswear Manufacturing Co., supporters). scribed thereunder (49'CFR Part 179), [ 300 Northeast 6th Street, Marietta, Okla.; appear below: [effective 7-7-66 to 7-6-67 (men’s dress The following learner certificates were As provided in the Commission’s spe­ I slacks). issued in Puerto Rico to the companies cial rules of practice any interested per­ Maxon Shirt Co., division of Oxford Manu- hereinafter named. The effective and son may file a petition seeking recon­ I facturing Co., Post Office Box 5286, Green- expiration dates, learner rates, occupa­ sideration of the following numbered I ville, S.C.; effective 6-30-66 to 6-20-67 tions, learning periods and the number I (boys’ dress and sport shirts). proceedings within 20 days from the date Perfection Garment Co., Inc., Martinsburg, of learners authorized to be employed, of publication of this notice. Pursuant IW. Va.; effective 7-2-66 to 7-1-67 (ladies’ are indicated. to section 17(8) of the Interstate Com­ I and children’s dresses). Orocovis Manufacturing Corp., Carretera merce Act, the filing of such a petition Phillips-Van Heusen Corp., Clio, Ala.; ef- Estatal No. 155, Km. 27.6, Apartado 49, Oro­ will postpone the effective date of the [ fective 6-30-66 to 6-29-67 (sport and dress covis, P.R.; effective 6—20—66 to 12-19-66; 50 order in that proceeding pending its [ shirts). learners for plant expansion purposes in the disposition. The matters relied upon by Warsaw Manufacturing Co., Warsaw, N.C.; occupation of sewing machine operator for a I effective 7-2-66 to 7-1-67 (ladies’ cotton learning period of 320 hours at the rate of petitioners must be specified in their | housedresses). 75 cents an hour (women’s and children’s petitions with particularity. panties and women’s man-tailored pajamas). No. MC-FC-68897. By order of July The following learner certificates were Rebmar, Inc., State Road No. 159, Km. 14.9, 14, 1966, the Transfer Board approved issued for normal labor turnover pur­ Apartado 278, Corozal, P.R.; effective 6-20-66 the transfer to Lester M. Gundrum, poses. The effective and expiration to 12-19-66; 80 learners for plant expansion doing business as P. & E. Buehler Truck­ dates and the number of learners au­ purposes in the occupation of sewing ma­ thorized are indicated. chine operator for a learning period of 320 ing, Troy, N.Y., of the operating rights hours at the rate of 85 cents an hour (mos­ in certificate No. MC-115059, issued April Dale Manufacturing Co., North, S.C.; effec­ quito bars). 11, 1955, to Ernest P. Buehler and tive 7-5-66 to 7-4-67; 5 learners (ladies’ Rebmar, Inc., Corujo Industrial Center, Lester M. Gundrum, doing business as blouses and shirts). Bayamon, P.R., Apartado 278, Corozal, P.R.; P. & E. Buehler Trucking, Troy, N.Y., Jo-Jac Shirt Co., Inc., Pulaski, Tenn.; ef­ effective 6-26-66 to 12-19-66; 165 learners fective 7-3-66 to 7-2—67; 10 learners (boys’ and certificate of registration No. MC- for plant expansion purposes in the occupa­ 115059 (Sub-No. 2), issued May 26, 1964, sport shirts). tion of sewing machine operator for a learn­ Junior Form Lingerie Corp., Box 37, Cairn- ing period of 320 hours at the rate of 85 cents to Ernest P. Buehler, Katherine H. brook, Pa.; effective 6-30-66 to 6-29-67; 10 an hour (mosquito bars). Buehler, Executrix, and Lester M. Gun­ learners (pajamas and blouses). Sagner International, Inc., Calle Marina drum, doing business as P. & E. Buehler Paul-Bruce Manufacturing Co., 1010 Green­ Trucking, Troy, N.Y., authorizing the wood Street, Scotland Neck, N.C.; effective No. 151, Apartado 4128, San Juan, P.R.; ef­ 6-30-66 to 6-29-67; 10 learners (ladies’ fective 6-21-66 to 6-20-67; 10 learners for transportation o f: General commodities, sleepwear). normal labor turnover purposes in the occu­ with the usual exceptions, and general Pecos Garment Co., 102 South Cypress, pation of sewing machine operator for a commodities with exceptions prescribed Pecos, Tex.; effective 7-10-66 to 7-9-67; 10 learning period of 320 hours at the rate of by the New York Public Utilities Com­ learners (men’s and boys’ dungarees). 79 cents an hour (men’s slacks). mission, between points in New York. The following learner certificates were Each learner certificate has been is­ 'John J. Brady, 75 State Street, Albany, issued for plant expansion purposes. sued upon the representations of the N.Y. 12207, attorney for applicants. The effective and expiration dates and employer which, among other things, . No. MC-FC-68911. By order of July : the number of learners authorized are were that employment of learners at 15, 1966, the Transfer Board approved | indicated. special minimum rates is necessary in the transfer to C. Stanley F. Louttit, S Pecos Garment Co., 102 South Cypress, order to prevent curtailment of oppor­ doing business as Louttit Transfer, | Pecos, Tex.; effective 7-10-66 to 1-9-67; 40 tunities for employment, and that ex­ Monongahela, Pa., of the permit in No. j learners (men’s and boys’ dungarees). perienced workers for the learner occu­ MC-69096, issued May 14, 1956, to Devil Dog Manufacturing Co., Inc., Zebu- pations are not available. Any person Beulah Musgrove and Carl Hawkins, Ion, N.C.; effective 7-5-66 to 1-4-67; 35 aggrieved by the issuance of any of doing business as Marion Storage and | learners (ladies’, boys’, and girls’ dungarees these certificates may seek a review of Transfer, Fairmont, W. Va., authorizing and boys’ and girls’ shorts and slacks). reconsideration thereof within 15 days the transportation of glass, glass prod­ Glove Industry Learner Regulations after publication of this notice in the ucts, and machinery, materials and sup­ (29 CFR 522.1 to 522.9, as amended, and F ederal R egister pursuant to the provi­ plies used in the conduct of glass manu­ 29 CFR 522.60 to 522.65, as amended). sions of 29 CFR 522.9. The certificates facture, over regular routes, between Wells Lamont^Jorp., 801 East Main Street, may be annulled or withdrawn, as indi­ Fairmont, W. Va., and Bridgeton, N.J., Brownsville, Tenn.; effective 6-30-66 to cated therein, in the manner provided in serving the intermediate points of ; 6-29-67, lo percent of the total number of 29 CFR Part 528. Harpers Ferry, W. Va., and Baltimore,

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 No. 142----- 6 10058 NOTICES

Md.; between Fairmont and Clarion, Pa.; A copy of the application is on file, and Highway 35 and return over the samel between Fairmont and Chicago Heights, can be examined, at the Office of the Sec­ route, serving all intermediate points, I 111., serving the intermediate point of retary, Interstate Commerce Commis­ connecting with applicant’s presentl Columbus, Ohio, and the off-route points sion, Washington, D.C., and also in the route at Logansport, Ind., and Marion, I of Zanesville, Ohio, and Gas City, Ind.; field office to which protests are to be Ind., on its through route between Mun-l between Fairmont and Streator, HI., transmitted. cie, Ind., and Chicago, HI., for 180 days.1 serving the intermediate point of Colum­ Supported by: Wayne L. Miller, assistant! bus, Ohio, and the off-route points of Motor Carriers of P roperty manager, Kokomo Bus Terminal, Koko-I Gas City, Ind., and Zanesville, Ohio, and No. MC 30657 (Sub-No. 18 TA), filed mo, Ind.; E. E. Furry, president, Indiana! between Fairmont and Alton, 111., serving July 18,1966. Applicant: DIXIE HAUL­ Motor Bus Co., 715 South Michigan! the intermediate points of Terre Haute, ING COMPANY, a corporation, 959 Street, South Bend, Ind. Send protests! Ind., and Columbus, Ohio, and the off- Bankhead Avenue NW., Atlanta, Ga. to: Heber Dixon, District Supervisor, Bu-| route point of Zanesville, Ohio. Dual Applicant's representative: Charles M. reau of Operations and Compliance, In-1 operations were authorized. Arthur J. Wilbanks (same address as above), Au­ terstate Commerce Commission, 308 Fed-1 Diskin, 302 Frick Building, Pittsburgh, thority sought to operate as a contract eral Building, Fort Wayne, Ind. 46802.1 Pa. 15219, attorney for applicants. carrier, by motor vehicle, over irregular By the Commission. No. MC-FC-68914. By order of July routes, transporting: (1) Prefabricated 15, 1966, the Transfer Board approved steel buildings, component parts of iron [seal] H. N eil Garson, the transfer to Crown Cartage & Stor­ and steel articles for prefabricated steel Secretary. I age Co., a corporation, Cleveland, Ohio, buildings; (2) steel tubing, from Talla­ [F.R. Doc. 66-8106; Filed, July 22, 1966; I of the certificate of registration in No. poosa, Ga., to points in Alabama, Florida, 8:53 ajn.] MC-121235 (Sub-No. 1), issued July 14, North Carolina, South Carolina, Ten­ 1965, to Frank Filipowicz, doing business nessee, and Mississippi, for 180 days. as Phillips Trucking, Independence, Supporting shipper: Atlantic Steel Co., FOURTH SECTION APPLICATIONS I Ohio, and corresponding to the grant of Post Office Box 1714, Atlanta 1, Ga. FOR RELIEF intrastate authority in Certificate of Send protests to: William L. Scroggs, Public Convenience and Necessity No. District Supervisor, Bureau of Opera­ J uly 20,1966. I 6788-1, dated November 5, 1948, issued tions and Compliance, Interstate Com­ Protests to the granting of an appli-l by the Public Utilities Commission of merce Commission, 680 West Peachtree cation must be prepared in accordance! Ohio. Paul F. Beery, 100 East Broad Street NW., Room 300, Atlanta, Ga. with Rule 1.40 of the general rules of I Street, Columbus, Ohio 43215, attorney 30308. practice (49 CFR 1.40) and filed within! for applicants. No. MC 116459 (Sub-No. 38 TA), filed 15 days from the date of publication o f! [seal] H. N eil Garson, July 18,1966. Applicant: RUSS TRANS­ this notice in the F ederal R egister. Secretary. PORT, INC., Pineville Road, Route 5, Long- and-S hort Haul Post Office Box 4022, Chattanooga, Tenn. [F.R. Doc. 66-8105; Piled, July 22, 1966; 37405. Applicant’s representative: Sam FSA No. 40625—Joint motor-rail I 8:53 a.m.] Speer (same address as above). Au­ rates—Southern Motor Carriers. Filed! thority sought to operate as a common by Southern Motor Carriers Rate C on-! ference, Agent (No. 156), for interested! [Notice 218] carrier, by motor vehicle, over irregular routes, transporting: Sulfate of Alumina, carriers. Rates on property moving o n ! MOTOR CARRIER TEMPORARY dry, in bulk, from Chattanooga, Tenn., class and commodity rates over join t! AUTHORITY APPLICATIONS to Coosa Pines, Ala., for 180 days. Sup­ routes of applicant rail and motor car-! porting shipper: American Cyanamid riers, between points in southern terri*! J uly 20,1966. Co., Wayne, N.J. 07470. Send protests tory. The following are notices of filing of to: J. E. Gamble, District Supervisor, Bu­ Grounds for relief—Motortruck com -! applications for temporary authority reau of Operations and Compliance, In­ petition. under section 210a(a) of the Interstate terstate Commerce Commission, 706 U.S. Tariff—Supplement 32 to Southern Commerce Act provided for under the Courthouse, Nashville, Tenn: 37203. Motor Carriers Rate Conference, agent, tariff MF-ICC 1351 . new rules in Ex Parte No. MC 67 (49 Motor Carriers of P assengers CFR Part 240), published in the F ederal FSA No. 40626—Compressed gases to R egister, issue of April 27,1965, effective ' No. MC 48501 (Sub-No. 11 TA), filed Decatur, Ala. Filed by Traffic Executive July 1, 1965. These rules provide that July 18, 1966. Applicant: INDIANA Association-Eastern Railroads, agent j protests to the granting of an applica­ MOTOR BUS COMPANY, a corporation, (E.R. No. 2855), for interested rail car-' tion must be filed with the field official 716 South Main Street, South Bend, Ind. riers. Rates on dimethylamine, mono- named in the F ederal R egister publica­ Applicant’s representative: Harry J. Har­ methylamine or trimethylamine, anhy­ drous, in tank carloads, from Terrej tion, within 15 calendar days after the man, 1110 Fidelity Building, Indianapolis, Haute, Ind., to Decatur, Ala. date notice of the filing of the applica­ Ind. Authority sought to operate as a Grounds for relief—Market competi­ tion is published in the F ederal R egister. common carrier, by motor vehicle, over tion. One copy of such protest must be served regular routes, transporting: Passengers Tariff—Supplement 207 to Traffic Ex­ on the applicant, or its authorized rep­ and their baggage, express, newspapers ecutive Association-Eastern Railroads, resentative, if any, and the protest must and mail in the same vehicles with pas­ agent, tariff ICC C-102. certify that such service has been made. sengers, between Marion, Ind., and Lo- By the Commission. The protest must be specific as to the gansport, Ind., from Marion, to the junc­ [seal] H. N eil Garson, service which such protestant can and tion of Indiana Highway 37 and U.S. Secretary. I will offer, and must consist of a signed Highway 35 over Indiana Highway 37; [F.R. Doc. 66-8107; Filed, July 22, I960! original and six copies. thence to Logansport, Ind., over U.S. 8:53 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 142— SATURDAY, JULY 23, 1966 FEDERAL REGISTER 10059

CUMULATIVE LIST OF PARTS AFFECTED— JULY

The following numerical guide is a list of the parts of each title- of the Code of Federal Regulations affected by documents published to date during July.

[3 CFR Pase 7 CFR—Continued Page 7 CFR—Continued page 911______9841 1137 ______9206 Executive Orders: July 7, 1910 (revoked in part 915 ___:______9044, 9678, 9790 1138 ______-v______9206 by PLO 4057)______10032 916 ______9413 1201______9337 June 24,1914 (revoked in part 919__.______r 9547 1421______9116, by PLO 4048)______9601 921______9547, 9841 9337, 9341, 9414, 9594, 9600, 9719, July 10, 1919 (revoked in part 922______9413 9842, 9847, 9940. by PLO 4048) ______9601 924____ 10035 1427______9270, 9445, 9791 April 17,1926 (revoked in part 931______10036 1430______9497, 9791 by PLO 4048)______9601 946 ______9044 1464______9679 2216 (revoked in part by PLO 947 __ ;______■_ 9269 1483______9719 4042)______948 9108 ______9679 1490______9208 3672 (revoked in part by PLO 991____ 9713 P roposed R ules: 4042)______1002 9108______9206 81______9871 4203 (revoked in part by PLO 1004 ______9045 730______9420 4055) ______10032 1005 ______9206 922 ______9874 6626 (revoked in part by PLO 1008 ______9206„ 923 ______10038 4042)______9108 1009 ______9206 932______10038 11258 (superseded by EO 1011 ______9206 945______9874 11288)______9261 1012 ______9206 967______9118 11288 ___ :______9261 1013 ______9045, 9206 987______9461 11289 ______9265 1031 ______; 9206 991______9118 P roclamations : 1032 ______9206, 9593 1001 ______9127 3732 ____ 9537 1033 ______9206 1002 ______9127 3733 _____ 9591 1034 ______9206 1003 ______9127 1035 ______9206 1005______9127 5 CFR 1036 ______9206 1008 ______9127 213______9043, 1038 ______9206 1009 ______9127 9271, 9408, 9539, 9740, 9775, 9994, 1039 ______9206 1011___i______9127 9995. 1040 ______9206 1012______9127 301______9839 1041 ______9206 1015 ______9127 335______9839 1043 ______9206 1016 ______9127 752______1044 9839______1 ____ 9206 1031 ______9127, 9420, 9996 2300______9408 1045 ______■_____ .1___ 9206 1032 ______9127, 9152, 10038 1046 ______9206 1033 _ 9127 6 CFR 1047 ______9206 1034 ______9127 310______9199 1049______9206 1035 ______9127 1051______9206 1036 ______9127 1062 ______9206 1038 _ 9127 7 CFR 1063 ______9206 1039 _____ 9127 0__ ...... - ______9544 1064 ______9206, 9719 1040 ______9127 28_ ------9412 1065 ______9206 1041 ______L_ 9127 58_ ------9443 1066 ______9206 1043 ______;_ 9127 81_ ------9043 1068 ______9206 1044 ______9127 <301. ------9494 1069 ______/_-*______9206 1045 ______9127 [331_ ------9544 1070 ______9206 1046 ______9127 i354_ ------9593 1071 ______9206 1047 ______9127 401_ ------9495, 9545,9939 1073 ______9206 1048 ______9127 403_ ...... — ------9709 1074 ------: ______9113, 9206 1049 ______9127 404. ------"9709 1075 ______9206 1050 ______9152,10038 405. ------9710 1076 ______9206 1051 _;______9127 407. ------9710 1078 ______9206 1060 ______9351 408_ ------9711 1079 ______9206 1061 ______9127, 9279, 9808 410. ------9711 1090______9206 1062 ______9127 701_ ------9712 1094______9206 1063_t ______9127 718. ------9677 1096 ______9206 1064______9127, 9279, 9306, 9808 722. ------9445 1097 ______9206 1065 ______9127 725_. ------9775 1098 ______9206 1066 ______9127 ;728_ ------9110, 9545 1099 _ 9206 1067 ______9127 [751_ ------9545, 9839 1101 ______9206 1068 ______9127 i775_, ------9840 1102 ___ 9206 1069 ______9127 777_, ------9111 1103 ______9206 1070 ______9127 791_, ------9789 811, 1106______9206 1071 ______9127 ------9546,1108 9939______9206 1073—..______9127, 9218 817. ------9495,9790 851. 1125 ______9206 1074------9127, 9218 ------9840 1126 ______9114, 9206 1075 ____ 9127 [908. ------9112, 9412, 9497, 9677, 10034 [910. 1131 ______9206 1076 ______9127 ------9113, 1132 _ 9206 1078 _____ 9127 9206, 9413, 9445, 9678, 9712, 9840, 1133 ______9206 1079 ______9127 10035. 1136______9206 1090______9127 10060 FEDERAL REGISTER Page 7 CFR—Continued Page 14 CFR—Continued page 26 CFR P roposed R ules—Continued P roposed R ules: 9199,9454 1094______9127 21______9131 301______i------—__ 9731 1096______9127 45______9131 P roposed R ules: 1097—______- ______9127 71______9137, 1______9676, 9908 1098 ______9127, 9303 9306,9307,9361-9363, 9423, 9460, 9351, 9506, 9549, 9743, 9745,9869 1099 ______:___ — 9127, 9875 9549, 9550, 9606, 9607, 9875, 48______9086 1101 ______— ------9127 10039,10040. 177____ 9869 1102 ______9127 7 3 ______10041 1103 _ 9127 7 5 ______1 9363, 9423 29 CFR 1104 ______9127 91______- __ 9131 101______10029 1106______9127 1 2 1 ______9876 102______10029 1108______9127 241______— 9358 1500______— 9348 1120______9127 P roposed R ules: 1125 ______9127 15 CFR 60______9420, 9808, 9998 1126 ______9127 201______9794 1127 ______9127 30 CFR 1128 ______9127 16 CFR 229-_____ 9062 1129 ______9127 13____ 9345, 9346, 9449-9453, 9489, 9490 1130-______9127 15______9214, 9794, 9977 31 CFR 1131______9127 100_____ 9493 221______9267 9418 1132-______9127 260______9062 250______1133 ______—______9127 P roposed R ules: 1134 ______9127 302______9683, 9684 32 CFR 1136 ______9127 i_ _ . 9851 1137 ______9127 2__. 9853 I 1138 ______9127 17 CFR 3__. 9854 240______9104 6__. 9856 i 8 CFR 249______'______9104 7,_. 9856 1 212______10021 10_, 9857 235______- ______9103 18 CFR 12_ 9857 252______— 9267 157______- ______- 9347 16_ 9859 260_i______9062 17_ 9859 9 CFR P roposed R ules: 18. 9859 78______- 9849 101______- ______9877 43______9458, 9861 P roposed R ules: 141______9877 591 ______9950 131______9745 Ch. VI______9747 592 ______9962 703______9747 593_.______9963 10 CFR 594 ______— 9965 1 9539 19 CFR 595 ______- ______- 9971 71______9941 P roposed R ules: 596 ______- ______9971 19______9743 597 ___ 9972 12 CFR 598 ______9973 204______9103, 9445 20 CFR 599 ______- ______9973 208______10021 600______— ______9974 404 ______9795 602 ______9974 2 1 6 ______9445 405 ___ 9580 217 ______- 9103,10022 603______— ______9975 218 ______9976 606______- ______9975 329______- _____1______9862 21 CFR 610______9976 563______9862 3 ______:____ 9215, 9540 721_____ 9271 571______i____ 9539 8______9105 1452___ !______10029 19______9602 1466______10029 13 CFR 29 ______9796 9348 120 ______— 9453, 9643 107 ______- _____ 9720 121 ______9106, 9215, 9417, 9453, 9491 33 CFR 108 ______- ______9270 130______9992 203 _ ____ . 9993 I 121______9721 141______10028 204______9850, 9993 I 141d______— 9992 207 . 9497 I 14 CFR 146d______9107, 9992 P roposed R ules: Ch. I ______9211 166______9492,10029 84 __ 9996 I 37______9977 P roposed R ules: 39_____ 9046, 17______9997,10039 36 CFR 9109, 9399, 9446, 9675, 9793,10022, 133______10039 . 9062 I 10023. 166______10039 _ 9107 I 45______- ______9862 9062 I __ 9417 I 63______9047 22 CFR 221 71______9047, P roposed R ules: 9109, 9110, 9399, 9400, 9446-9448, 61_____ 9348 29 — 9278 I 9602, 9863-9865,10023-10027. 7 3 ______9110, 9267, 9865, 1002723 CFR 37 CFR 75______9267, 9400, 9675, 100281 ______;__ 9270 9540 I 77 - ______9448 38 CFR 91______9793 24 CFR 9063,9605,9850 I 95______9487 1600______9492 9063 I 97______9048, 9212, 9401, 9732, 9980 36 103______9058 39 CFR 159______9865 25 CFR 9795 I 167______9991 P roposed R ules: 242______9992 255— ______- 9087 FEDERAL REGISTER 10061

Continued Page 43 CFR Page 45 CFR Page 9540 4______9866 801______9797, 9993 9540 8______9108 9795 P ublic Land Orders: 46 CFR 9643 245 (revoked in part by PLO 201______9867 9644 4051)______10031 401 ------9064 9644 280 (revoked by PLO 4049)__ 10030 402 ______9067 9646 334 (revoked in part by PLO 9647 4058)______10033 47 CFR 9650 576 (revoked in part by PLO 1------9797 9670 4049)______10030 2— .------9603 9674 829 (revoked in/ part by PLO 25______9216 4044) — ______9268 73— ______9216 9871 1779 (revoked in part by PLO 81______9350 4053)_____ 10031 83______9273, 9350, 9505 3873 (revoked in part by PLO 87______9798 — 9216 89______9798 ___ 9866 4043)______9268 3953 (revoked in part by PLO 91______9798 ___ 9497 93______9798 ___ 9498 4056)______10032 97______9806 ___ 9498 4042 ______9108 __ 9796 P roposed R ules: 4043 ______9268 1 ______9424 ___ 9796 4044 __ 9268 ___ 9797 2 ______9550 ___ 9741 4045 ______9268 73_ 9088, 9239, 9551, 9552, 9746, 9808 ___ 9063 4046 ____ 9269 83______9607 ___ 9349 4047 ___ 9269 87______9746 ___ 9457 4048______.______9601 95______9511 ___ 9457 4049 ______10030 49 CFR ___ 9458 4050 ______10030 9541, 9797 1______9676 ___ 9541 4051 ____ 10031 71-79______9067, 9676 ___ 9628 4052 ______10031 95______9084, 9085 ___ 9542 4053 ______10031 120______9741 4054 ______10031 205______9741 ___ 9998 4055 ______10032 P roposed R ules: 4056 ______10032 95______9240 97______9240 4057 ______10032 170______9308 9499 4058 ______10033 9499 9499 4059 ______10033 50 CFR 9499 4060 ______1003% 32— ______9505, 9866, 9867, 9994 9499 4061 ______33 10033______9867, 9994 9676 4062 _____ 10034 271______9542, 9543

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