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FEDERAL REGISTER VOLUME 34 • NUMBER21 Friday, January 31,1969 • Washington, D.C. Pages 1517-1580

Agencies in this issue— Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Defense Office Civil Service Commission Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Power Commission Federal Reserve System Federal Trade Commission Food and Drug Administration Foreign Assets Control Office General Services Administration Interior Department Internal Revenue Service Interstate Commerce Commission Justice Department Packers and Stockyards Administration Reclamation Bureau Securities and Exchange Commission Treasury Department Detailed list of Contents appears inside. MICROFILM EDITION FEDERAL REGISTER 35mm MICROFILM

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Vol. Year Price Vol. Year Price Vol. Year Price 1 1936 $8 12 1947 $26 23 1958 $36 2 1937 10 13 1948 27 24 1959 40 3 1938 9 14 1949 22 25 1960 49 4 1939 14 15 1950 26 26 1961 46 5 1940 15 16 1951 43 27 1962 50 6 1941 20 17 1952 35 28 1963 49 7 1942 35 18 1953 32 29 1964 57 8 1943 52 19 1954 39 30 1965 58 9 1944 42 20 1955 36 31 1966 61 1 0 ' 1945 43 21 1956 38 32 1967 64 11 1946 42 22 1957 38 Order Microfilm Edition from Publications Sales Branch National Archives and Records Service Washington, D.C. 20408

/ a > C m r D il iS g Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or r£ U L l/ lL ^ i& n E U l> 3 1 t i l 011 the day a£ter 811 offlcial Federal holiday), by the Office of the Federal Register, Nations a j \ 'W * £ Archives and Records Service, General Services Administration (mall address National ea ° * ona Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 15), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable in advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p F ederal R egulations, which is published, under 50 titles, pursuant to section 11 of the Federal Register Act, as amended (44 U.S.C. 1510). The C ode op F ederal R egulations is sold by the Superintenden of Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each month. There are no restrictions on the republication of material appearing in the F ederal R egister or th e Code op F ederal regulations. Contents

AGRICULTURAL STABILIZATION Proposed Rule Making FOREIGN ASSETS CONTROL AND CONSERVATION SERVICE Control area, control zone, Federal OFFICE airway, and transition areas; Rules and Regulations alterations and designations (5 Notices Conserving base and designated documents) ______1564-1566 Chinese-type furniture; importa­ diverted acreage; miscellaneous tion directly from Singapore; amendments _____—------1551 FEDERAL COMMUNICATIONS available certifications______- 1567 AGRICULTURE DEPARTMENT COMMISSION See Agricultural Stabilization and Rules and Regulations GENERAL SERVICES Conservation Service; Consumer Transition of ship and coast ADMINISTRATION and Marketing Service; Packers radiotelegraph stations to new and Stockyards Administration. frequency assignments______1538 Notices Authority delegation; Adminis­ ARMY DEPARTMENT FEDERAL HIGHWAY trator, National Aeronautics See Civil Defense Office. ADMINISTRATION and Space Administration____ 1572 Rules and Regulations CIVIL AERONAUTICS BOARD Motor vehicle safety; consumer HEALTH, EDUCATION, AND Notices information; correction_____ 1563 WELFARE DEPARTMENT Hearings, etc.: FEDERAL POWER COMMISSION S ee Food and Drug Administra­ East Coast points-Europe serv- tion. ice investigation______1569 Notices Ross Aviation, Inc. (2 docu­ ments) ___* 1569,1570 Hearings, etc.: INTERIOR DEPARTMENT WTC Air Freight et al___ .____ 1568 Fair Oil Co. et al___ l_1571 LaRue, C. É., et al______1571 See also Reclamation Bureau. CIVIL DEFENSE OFFICE FEDERAL RESERVE SYSTEM Notices Rules and Regulations Notices Statements of changes in finan- Equal opportunity for employment cial interests: in federally assisted construc­ Federal Open Market Committee; tion ______1557 current economic policy direc- Kennedy, George V______1567 tive ______1571 Martin, W. I______1567 CIVIL SERVICE COMMISSION Midwest Bancorporation, Inc.; application for approval of ac­ INTERNAL REVENUE SERVICE Rules and Regulations quisition of shares of banks__ 1572 Excepted service; Department of" Tennessee Financial Corp.; ap­ Rules and Regulations Justice —______;___ 1551 proval of application under Programs for specific positions and Bank Holding Company Act__ 1572 Distilled spirits plants, wine ; mis­ examinations; appointment; cellaneous amendments_____ 1555 correction______1551 FEDERAL TRADE COMMISSION Employment taxes; treatment of tips; correction ; ______1554 CONSUMER AND MARKETING Rules and Regulations Prohibited trade practices; United INTERSTATE COMMERCE SERVICE States Steel Corp______1538 Proposed Rule Making COMMISSION Potatoes, Irish, grown in South­ FOOD AND DRUG Notices eastern States ; shipment limita­ ADMINISTRATION tion ------— ______------1564 Car distribution:. Rules and Regulations Florida East Coast Railway Co. d e f e n s e d e p a r t m e n t Carrots, canned; confirmation of et al------__:------1577 See Civil Defense Office. effective date of order amending Louisville and Nashville Rail­ identity standard______1553 road Co. and Illinois Cen­ fe d e r a l a v ia t io n Drugs; sterile polymyxin B sul- tral Railroad Co___:______1577 fate-benzalkonium ch lo rid e Fourth section applications for ADMINISTRATION urethral lubricant______1554 relief------_------1576 Rules and Regulations Pesticide chemical tolerances: Motor carrier transfer proceed­ Airworthiness directives: 0,0-D i e t h y 1 S-2- (ethylthio) ings ------_____ 1557 Beech Model 18 airplanes (2 ethyl phosphorodithioate___ 1553 documents) ______.____ 1521 Dodecachlorooctahydro - 1,3,4- JUSTICE DEPARTMENT DeHavilland type aircraft.____ 1521 metheno - 2H - cyclobutatcdl Control zones and transition pentalene __■______._____ 1553 Rules and Regulations areas; alteration, designations, Notices Confiscation of wire or oral com­ revocation (2 documents) _ 1522 Food additive petitions: munication intercepting de­ standard instrument approach Calgon Corp______1568 vices ______1576 „ 0 ®,e d u r e s ; miscellaneous Ethyl Corp------1568 amendments 1523 Sterling Drug, Inc______1568 < Continued on next page) 1519 1520 CONTENTS

PACKERS AND STOCKYARDS SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT ADMINISTRATE COMMISSION S ee Federal Aviation Administra­ Notices Notices tion; Federal Highway Admin­ istration. Moore’s Auction and Livestock Hearings, etc.: Commission et al.; proposed American Equity Investment posting of stockyards------1567 Plans ______1573 TREASURY DEPARTMENT Crestline Uranium & Mining S ee also Foreign Assets Control RECLAMATION BUREAU C o ______1573 Office; Internal Revenue Serv­ Notices Investors Diversified Services, ice. In c______1573 Notices Boise National Forest, Idaho; Lincoln National Life Insurance transfer of administrative ju­ Co. and Lincoln National Var­ Commissioner of Customs; delega­ risdiction of land—______1567 iable Annuity Fund A_.____ 1574 tion of certain functions_____ 1567 Lincoln National Life Insurance Co. and Lincoln National Var­ iable Annuity Fund B_____ 1575 Norsul Oil & Mining, Ltd______1575

List of CFR Parts Affected 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, 1969, and specifies how they are affected.

5 CFR Proposed R ules; 28 CFR 213— _____ 1551 71 (5 documents)______1564-1566 8___.______1557 930______1551 16 CFR 32 CFR 7 CFR 13______1538 1812______1557 792______1551 21 CFR 47 CFR Proposed R ules: 51______1553 953______1564 2______1542 120 (2 documents)______1553 81______1544 14 CFR 148p______1554 83______1545 39 (3 documents)______1521 26 CFR 71 (2 documents)______1522 49 CFR 31_____ 1554 1563 97______1523 201_____ 1555 375 240____ 1555 1521 Rules and Regulations

Issued in Kansas City, Mo., on Janu­ [Docket No. 69-EA—5; Amdt. 39-714] Title 14— AERONAUTICS AND ary 22, 1969. PART 39— AIRWORTHINESS D an ie l E. B a r r o w , SPACE Acting Director, Central Region. DIRECTIVES [F.R. Doc. 69-1266; Filed, Jan. 30, 1969; DeHavilland Type Aircraft Chapter I— Federal Aviation Admin­ 8 :4 5 a.m.] istration, Department of Transpor­ The Federal Aviation Administration [Docket No. 67—CE—4—AD ; A m dt. 39-716] is amending § 39.13 of Part 39 of the tation Federal Aviation Regulations so as to SUBCHAPTER C— AIRCRAFT PART 39— AIRWORTHINESS publish a revision to AD 69-2-1 which [Docket No. 8164; A m dt. 3 9-715] DIRECTIVES applies to DeHavilland DHC-6 Type air­ Beech Model 18 Airplanes planes. PART 39— AIRWORTHINESS This airworthiness directive was first DIRECTIVES Amendment 39-368 (32 F.R. 3971), AD published as a telegraphic notice and 67-8-2, as amended by Amendment 39- then in the F ederal R egister effective Beech Model 18 Airplanes 408 (32 F.R. 6914), requires repetitive January 16, 1969. These first rules were inspection at two locations of the ellipti­ Amendment 39-419 (32 F.R. 7205), only effective as to certain serial num­ cal front spar lower cap of the outboard bers. The purpose of this revision is to AD 67-16-1, as amended by Amendments wing panel of certain Beech model air­ 39-430 (32 F.R. 8024), 39-437 (32 F.R. add additional numbers and vary cer­ planes. Subsequent to the issuance tain inspection times. However, the sub­ 8957), 39-441 (32 F.R. 9641) and 39-643 thereof, Beech Model RC-45J (SNB-5P) (33 F.R 12178), requires repetitive in­ stance of the revised airworthiness di­ airplanes were type certificated by the rective still includes a critical part of spection at four locations of the ellip­ Federal Aviation Administration in Jan­ tical front spar lower cap of the wing the DHC-6 airplane with its coincident uary 1969. The elliptical front spar lower aspect of air safety. This condition is center section of certain Beech model cap in these airplanes is identical to airplanes. Subsequent to the issuance likely to exist or develop in aircraft of those presently covered by AD 67-8-2. the DHC-6 type design. thereof, Beech Model RC-45J (SNB-5P) Consequently, it is necessary to amend airplanes were type certificated by the the applicability statement of the AD to Since a situation exists that requires Federal Aviation Administration in Jan­ include these model airplanes. immediate adoption of this amendment, uary 1969. The elliptical front spar lower Since immediate action is required in it is found that notice and public pro­ cap in these airplanes is identical to the interest of safety, compliance with cedure herein are impractical and good those presently covered by AD 67-16-1. the notice and public procedure provi­ cause exists for making this amendment Consequently, it is necessary to amend sions of the Administrative Procedure effective in less than 30 days. the applicability statement of the AD Act is not practical and good cause In consideration of the foregoing and to include this model airplane. exists for making this amendment effec­ pursuant to the authority delegated to Since immediate action is required in tive in less than thirty (30) days. me by the Administrator, 14 CFR 11.85 the interest of safety, compliance with In consideration of the foregoing and (31 F.R. 13697), § 39.13 of Part 39 of the the notice and public procedure provision pursuant to the authority delegated to Federal Aviation Regulations is amended of the Administrative Procedure Act is me by the Administrator (31 F.R. by adding the following new airworthi­ not practical and good cause exists for 13697), § 39.13 of Part 39 of the Federal ness directive; making this amendment effective in less Aviation Regulations, Amendment 39- Revise AD 69-2-1 to read as follows: than thirty (30) days. 368 (32 F.R. 3971), AD 67-8-2, as DeH avilland. Applies to D H C-6 Type A ir­ In consideration of the foregoing and amended by Amendment 39-408 (32 planes certificated in all categories. pursuant to the authority delegated to F.R. 6914), is amended as follows: To detect cracks in the wing front fittings, me by the Administrator (31 F.R. 13697), The applicability statement is amend­ accomplish the following: §39.13 of Part 39 of the Federal Aviation ed to read as follows : (a) For serial numbers 1 through 105: Regulations, Amendment 39-419 (32 B eechcratt. Applies to Model C18S, AT-11, (1) Prior to the next flight unless accom­ FR. 7205), AD 67-16-1, as amended by C-45, C45A, UC-45B, UC-45F, AT-7, plished within the last 25 hours time in Amendments 39-430 (32 F.R. 8024), 39- AT—7A, AT-7B, AT-7C, JRB-1, JRB-2, service, inspect the top and upper half of the 437 (32 F.R. 8957), 39-441 (32 F.R. JRB—3, JRB-4, SNB-1, SNB-2, SNB-2C, outside faces of the left and right wing front 9641), and 39-643 (33 F.R. 12178), is C45G, TC—45G, C45H, TC-45H, TC-45J fittings, P/N C6WM1031-1 and -2 for cracks (SNB-5), RC—45J (SNB-5P), JRB-6, using dye penetrant and a glass of at least amended as follows; D18C, D18CT, D 18S (Serial Nos. A - l 10-power or an FAA-approved equivalent in­ The applicability statement is amended through A-440 inclusive), and D18S spection. This inspection to be repeated be­ to read as follows : (Serial Nos. A—441 and up equipped with tween 75 and 100 hours time in service after any outboard wing panel or here­ the first inspection and thereafter at inter­ Bee°H M odels C18S, AT—11, C-45, C-45A after replaced in service) airplanes with vals of 500 hours time in service or 3 months UC-45B, TJC-45F, AT-7, AT-7A, AT-7B 1,500 hours’ or more time in service, which ever occurs first. o™70, JRB~1> JRB-2, JRB-3, JRB—4 except any model airplane listed herein (2) Within 25 hours time in service after SNB-1, SNB-2, SNB-2C, D18S, D18C equipped with outboard wing panels the effective date of this revised airworthiness C-45G, TC-45G, C-45H, TC-45H, TC- containing P/N 181410-5 tube of 0.120 directive, unless already accomplished, re­ 45J (SNB-5), JRB—6, E18S, E18S-9700 inch wall thickness. ■ move front wing attachment nuts and rein­ G18S, H18 (Aircraft Serial Nos. BA-58C stall nuts and tighten until stiff rotation of B A -6i8 through B A -7 3 0), 3N, 3NM, 3TA This amendment becomes effective February 1, 1969. washers by fingers is still possible. ®9~45J (SNB-5P) airplanes and t< (b) For serial numbers 106 and subse­ aircraft of the above models subse (Secs. 313(a), 601, 603, Federal Aviation q u en t: quently redesignated under a supple Act of 1958; 49 U.S.C. 1354(a), 1421, 1423); (1) Within 100 hours time in service after mental type certificate, except thos< sec. 6(c) , Department of Transportation Act; modified under STC SA 1192 WE. the effective date of this revised Airworthi­ 49 U.S.C. 1655(c)) ness Directive unless accomplished within J J is a?len^ment becomes effectiv« Issued in Kansas City, Mo., on Jan­ the last 100 hours time in service, visually February l, 1969. uary 22, 1969. inspect the top and upper half of the out­ side faces of the left and right wing front D an ie l E . B a r r o w , 603> Federal Aviation Ac fittings P/N C6WM1133-1 and -2 for cracks. ^ c ¿ L t l U'S -C- 1354(a ). 1421, 1423; sec Acting Director, Central Region. This inspection to be repeated between 550 tS g, of Transportati°n Act; 4! [F.R. Doc. 69-1265; Filed, Jan. 30, 1969; and 650 hours times in service after the in­ 8 :4 5 a.m.] itial Inspection.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1522 RULES AND REGULATIONS

(2) Within 100 hours time in service after of this VOR requires canceling AL-147- [Airspace D ocket No. 68-SO -94] the effective date of this revised Airworthi­ VOR-1 standard instrument approach ness Directive unless already accomplished, procedure and deleting the requirement PART 71— DESIGNATION OF FEDERAL remove front wing attachment nuts and re­ for the Fort Bragg control zone exten­ AIRWAYS, CONTROLLED AIRSPACE, install nuts and tighten until stiff rotation AND REPORTING POINTS of washers by fingers is still possible. sion predicated on the Pope AFB VOR (c) The repetitive inspection required by 226° radial. Designation of Control Zone and (a) may be discontinued upon installation Since this amendment is less restric­ Transition Area of an unused DeHavilland P/N C6WM1133-1 tive in nature, notice and public proce­ and -2 or equivalent part approved by the dure hereon are unnecessary and action On December 10, 1968, a notice of pro­ Chief, Engineering and Manufacturing is taken herein to alter the Fort Bragg posed rule making was published in the Branch, FAA Eastern Region. control zone accordingly. (d) Replace cracked parts before further In consideration of the foregoing, F ederal R egister (33 F.R. 18301), stat­ flight with an unused part of the same part ing that the Federal Aviation Adminis­ number, or with an FAA-approved equivalent Part 71 of the Federal Aviation Regula­ part. tions is amended, effective 0901 G.m.t., tration was considering an amendment (e) Equivalent parts and inspections must April 3, 1969, as hereinafter set forth. to Part 71 of the Federal Aviation Regu­ be approved by the Chief, Engineering and In §71.171 (33 F.R. 2058), the Fay­ lations that would designate the Troy, Manufacturing Branch, FAA, Eastern Re­ etteville, N.C., control zone (33 F.R. Ala., part-time control zone and the gion. 2627), is amended as follows: “* * * Troy, Ala., transition area. (f) The compliance times may be in­ within 2 miles each side of the Fayette­ creased by the Chief, Engineering and Man­ Interested persons were afforded an ufacturing Branch, FAA, Eastern Region, ville ILS localizer southwest course, ex­ upon receipt of substantiating data sub­ tending from the 5-mile radius zone to opportunity to participate in the rule mitted through an FAA maintenance in­ the LOM * * *” is deleted. making through the submission of com­ spector. In §71.171 (33 F.R. 2058), the Sim­ ments. All comments received were This airworthiness directive was effec­ mons Army Air Field, N.C. and Fort favorable. tive January 16, 1969, and upon receipt Bragg, N.C., control zones are amended Subsequent to publication of the no­ by all recipients of the telegram dated to read: tice, the geographic coordinate (lat. December 31, 1968, which contained this S im m o n s Ar m y Air F ield, N.C. 31o51'40" N., long. 86°00'45” W.) for airworthiness directive. This revision is Within a 5-mile radius of Simmons AAF Troy Municipal Airport was obtained effective February 1,1969. (lat. 35°07'55" N„ long. 78°56'05” W.); from Coast and Geodetic Survey. (Secs. 313(a), 601, 603, Federal Aviation Act within 2 miles each side of the Simmons VOR of 1958; 49 U.S.C. 1354(a), 1421, 1423; sec. 085° radial, extending from the 5-mile ra­ Since this amendment is editorial in 6(c), DOT Act; 49 U.S.C. 1655(c) ) dius zone to 8 miles east of the VOR, exclud­ nature, notice and procedure hereon are ing the portion northwest of a line extending unnecessary and action is taken herein Issued in Jamaica, N.Y., on January 22, from lat. 35°11'15" N., long. 78°56'05” W., to lat. 35°05''55' N„ long. 79°00'50” W. to alter the description accordingly. 1969. In consideration of the foregoing, Part R. M. B rown, F ort B ragg, N.C. Acting Director, Eastern Region. 71 of the Federal Aviation Regulations is Within a 5-mile radius of Pope AFB (lat. [F.R. Doc. 69-1267; Filed, Jan. 30, 1969; 35°10'15" N., long. 79°00'55'' W.), excluding amended, effective 0901 G.m.t., April 3, 8 :4 5 a.m.] the portion within R-5311 and the portion 1969, as hereinafter set forth. southeast of a line extending from lat. 35°- In § 71.171 (33 F.R. 2058), the follow­ SUBCHAPTER E— AIRSPACE 11'15" N., long. 78°56'05” W., to lat. 35°05'- 55” N„ long. 79°00'50” W. ing part-time control zone is added: [Airspace D ocket No. 68—SO -85] T roy, Ala . In § 71.181 (33 F.R. 2137), the follow­ PART 71— DESIGNATION OF FEDERAL ing transition area is added: Within a 5-mile radius of Troy Municipal AIRWAYS, CONTROLLED AIRSPACE, Airport (lat. 31°51'40” N., long. 86°00'45'' F ayetteville, N.C. W.) ; within 2 miles each side of the ILS AND REPORTING POINTS That airspace extending upward from 700 localizer west course, extending from the 5-mile radius zone to the OM. This control Alteration of Control Zones, Designa­ feet above the surface within an 8-mile ra­ dius of Fayetteville Municipal Airport (Gran- zone is effective during the specific dates and tion of Transition Area, and Revo­ nis Field) (lat. 34°59'25” N., long. 78°52'50” times established in advance by a Notice to cation of Transition Areas W.); within a 10-mile radius of Pope AFB Airmen. The effective date and time will (lat. 3 5°10 '15 ” N., long. 79°00'55” W .); thereafter be continuously published in the On December 4, 1968, a notice of pro­ within 8 miles northwest and 5 miles south­ Airman’s Information Manual. posed rule making was published in the east of the Pope AFB ILS localizer northeast In § 71.181 (33 F.R. 2137), the follow­ F ederal R egister (33 F.R. 18046), stat­ course, extending from the 10-mile radius ing that the Federal Aviation Adminis­ area to 12 miles northeast of the LOM; within ing transition area is added: tration was considering an amendment 2 miles each side of the 266° bearing from T roy, Ala . to Part 71 of the Federal Aviation Regu­ Simmons RBN, extending from the Pope AFB That airspace extending upward from 700 lations that would alter the Fayetteville, 10-mile radius area to 1 mile west of the feet above the surface within a 9-mile radius Simmons Army Air Field, and Fort Bragg, Simmons RBN; excluding the portion within of Troy Municipal Airport (lat. 31°51'40” N., N.C., control zones; designate the Fay­ R -5 3 11. long. 86°00'45” W.); within 8 miles north etteville, N.C., transition area, and re­ In §71.181 (33 F.R. 2137), the Fort and 5 miles south of the ILS localizer west voke the Fort Bragg and Simmons Army Bragg, N.C., and • Simmons Army Air course, extending from the 9-mile radius Air Field, N.C., transition areas. Field, N.C., transition areas are revoked. area to 12 miles west of the OM. Sec. 307(a), Federal Aviation Act of 1958; Interested persons were afforded an (Sec. 307(a), Federal Aviation Act of 1958; 9 U.S.C. 1348(a); sec. 6(c), Department oi 49 U.S.C. 1348(a); sec. 6(c), Department of opportunity to participate in the rule ’ransportation Act; 49 U.S.C. 1655(c) ) making through the submission of com­ Transportation Act; 49 U.S.C. 1655(c)) ments. All comments received were Issued in East Point, Ga., on Janu­ favorable. ary 24, 1969. 24,1969. Subsequent to publication of the no­ G ordon A. W illiams, Jr., G ordon A. W illiams, Jr-. tice, the U.S. Air Force announced plans Acting Director, Southern R e g t o n . to decommission the Pope AFB VOR be­ Acting Director, Southern Region. cause it was no longer required to sup­ [F.R. Doc. 69-1268; Filed, Jan. 30, 1969; [F.R. Doc. 69-1269; Filed, Jan. 30, 1969, port the base mission. Decommissioning 8 :4 5 a.m.] 8 :4 5 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1967 RULES AND REGULATIONS 1523

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 9347; Arndt. 633] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFR Part 97) is amended as follows: 1. By amending § 97.11 of Subpart B to amend low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Standard I nstrument Approach P rocedure—T ype NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet1 above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than' Course and Minimum • 2-engine, From— To—distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

Clarion VOR...... _...... 3200 T—dn ... 300-1 300-1 200- ______Franklin RBn. ' '...... 3200 C-dn 500-1 500-1 600-1J-S Wesley Int...... Franklin RBn______...... Direct...... 3200 S-dn-29...... 500-1 500-1 500-l>$ A-dn______800-2 800-2 800-2

Procedure turn N side of crs, 108° Outbnd, 288° Inbnd, 3200' within 10 miles. Minimum altitude over facility on final approach crs, MOO7. Crs and distance, facility to airport 288°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.9 miles after passing Franklin RBn, climb straight ahead to 3200' and return to Franklin RBn. Hold E 1-minute right turns, 288°-Inbnd. MSA within 25 miles of facility: 000°-360°—3100'.

City, Franklin; State, Pa.; Airport name, Chess-Lamberton; Elev., 1540'; Fac. Class., MHW; Ident., FKL; Procedure No. NDB (ADF) Runway 29, Arndt. 4; Eft. date, 13 Feb. 69; Sup. Arndt. No. 3; Dated, 18 Mar. 67 S tandard I nstrum ent A pproach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, tn“®ss an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum ■ 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

OBH VOR Direct______3700 T-dn______300-1 300-1 R 231°, GRI VÖR CW ...... R 294°, GRIVOR..^...... Via 10-mile DME 3500 C-dn______700-1 700-1 700-ÍH Are. S-dn-13______700-1 700-1 700-1 R 074°, GRI VOR CCW ...... R 294°, GRI VOR...... Via lOmile DME 3500 A-dn...... 800-2 800-2 800-2 Arc. Minimums with DME or dual VOR receivers: 10-mile DME Fix GRI VOR, R 294° ...... 3.6-mile DME Fix or Evers Int GRI Direct. ______2546 C-dn...... 500-1 500-1 500-1J3 VOR, R 294° (final). S-dn-13...... 400-1 400-1 400-1

Procedure turn W side of crs, 294° Outbnd, 114° Inbnd, 3200' ■within 10 miles. P™ over 3.6-mile DME Fix or Evers Int on final approach crs, 2546'. rfv io i “'stance, 3.6-mile DME Fix or Evers Int to airport, 114°—3.8 miles. Breakoff point to runway 125°—0.89 mile. in„ p contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing GRI VOR or 3.6 miles after pass- 8 mq a left turn. climbing to 3500' on GRI VOR R 350° within 10miles, make left turn and return to GRI VOR. MBA. 090 -180°—4100'; 180°-270°—380

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1524 RULES AND REGULATIONS

S tandard I nstrument Approach P rocedure—T ype VOR— Continued

Transition Ceiling and visibility minimums 2-engine or less More than Course and Minimum 1 2-engine, From— T o - distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

OHB VOR______...... GRI VOR...... Direct...... 3770 T-dn...... 300-1 300-1 R 231°, GRI VOR CW...... ____ R 350°, GRI VOR...... Via 10-mile DME ' 3500 C-dn______500-1 500-1 500-1% Arc. S-dn-17@____ 500-1 500-1 500-1“ R 074°, GRI VOR CGW______R 350°, GRI VOR______Via 10-mile DME 3500 A-dn______800-2 800-2 800-2 Arc. Minimums with DME: 10-mile DME Fix GRI VOR, R 350°...... 3-mile DME Fix GRI VOR, R 350° Direct...... 2346 C-dn...... 500-1 500-1 500—1J^ (final). S-dn-17©____ 400-1 400-1 400-1 Procedure turn W side of crs, 350° Outbnd, 170° Inbnd, 3100' within 10 miles. Minimum altitude over 3-mile DME Fix on final approach crs, 2346'. Crs and distance, facility to airport, 170°—0.4 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing GRI VOR, make left turn climbing to 3500' on GRI VOR, R 350° within 10 miles, make left turn and return to GRI VOR. ©Reduction not authorized. MSA: 090°-180°—4100'; 180°-270°—3800'; 270°-090°—3300'.

City, Grand Island; State, Nebr.; Airport name, Grand Island Municipal; Elev., 1846'; Facility, L-BVORTAC; Ident, GRI; Procedure No. VOR Runway 17 Arndt 10- Efi. date, 13'Feb. 69; Sup. Arndt. No. 9; Dated, 25 Mar. 67 2. By amending §97.11 of Subpart B to delete low or medium frequency range (L/MF), automatic direction finding (ADF) and very high frequency omnirange (VOR) procedures as follows: Bethpage, N.Y.—Grumman-Bethpage, ADF 1, Amdt. 2, 4 July 19 64 (established under Subpart C). Caldwell, N.J.—Caldwell-Wright, ADF 1, Orig., 27 Mar. 1965 (established under Subpart C). Great Barrington, Mass.—Great Barrington, NDB (ADF)-l, Orig., 25 Feb. 1967 (established under Subpart C). Raleigh, N.C.—Raleigh-Durham, NDB (ADF) Runway 5, Amdt. 1 1, 30 Dec. 1967 (established under Subpart G). Raleigh, N.C.—Raleigh-Durham, NDB (ADF) Runway 23, Amdt. 3, 30 Dec. 1967 (established under Subpart C). Sioux City, Iowa—Sioux City Municipal, NDB (ADF) Runway 13, Amdt. 7, 4 Nov. 1967 (established under Subpart C). Sioux City, Iowa—Sioux City Municipal, NDB (ADF) Runway 31, Amdt. 13, 13 May 1967 (established under Subpart C). Bethpage, N.Y.—Grumman-Bethpage, VOR 1, Amdt. 2, 2 May 1964 (established under Subpart C). Crestview, Fla.—Bob Sikes, VOR 1, Orig., 2 Oct. 1965 (established under Subpart C). Lima, Ohio—Allen County, VOR Runway 27, Amdt. 3, 11 Mar. 1967 (established under Subpart C). Raleigh, N.C.—Raleigh-Durham, VOR Runway 5, Amdt. 5, 30 Dec. 1967 (established under Subpart C). Raleigh, N.C.—Raleigh-Durham, VOR Runway 23, Amdt. 6, 10 Feb. 1968 (established under Subpart C). Roseburg, Oreg.—Roseburg Municipal, VOR-1, Amdt. 5, 2 Feb. 19 67 (established under Subpart C). Sioufc City, Iowa—Sioux City Municipal, VOR Runway 31, Amdt. 13, 13 May 1967 (established under Subpart C). 3. By amending § 97.15 of Subpart B to amend very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: S tandard Instrument Approach Procedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition \ Ceiling and visibility minimums 2-engine or less More than Course and Minimum 2-engine, From— To— distance altitude Condition 65 knots More more than (feet) or less than 65 65 knots knots

OBHVOR...... GRI VOR...... Direct...... 3700 T-dn..-...... 300-1 300-1 200-% GRI VOR______;______. Direct...... 3700 C-dn...... 500-1 500-1 500-1% R 074°, GRI VOR CW______...... R 170°, GRI VOR...... Via 13-mile DME 3700 S-dn-35@____ 500-1 500-1 500-1 Arc. A-dn______800-2 800-2 800-2 R 263°, GRI VOR. CCW...... R 170°, GRI VOR...... Via 13-mile DME 3700 Arc. 13-mile DME Fix GRI VOR, R 170°______7-mile DME Fix GRI VOR, R 170° Direct...... 3400 (final).

Procedure turn E side of crs, 170° Outbnd, 350° Inbnd, 3700' between 7-mile and 17-mile DME Fix, R 170°. Minimum altitude over 7-mile DME Fix, R 170° final approach crs, 3400'. Crs and distance, 7-mile DME Fix, R 170° to airport, 350°—5.4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 1.6-mile DME Fix, R 170°, climb to 3500' on GRI R 350° within 10 miles, make left turn and return to GRI VOR. @500-J4 authorized with operative HIRL, 500-% authorized with operative ALS, except for 4-engine turbojets. MSA: 090°-180°—4100'; 180°-270°—3800'; 270°-090 —3300'. ' City, Grand Island; State, Nebr.; Airport name, Grand Island Municipal; Elev., 1846'; Facility, L-BVORTAC; Ident., GRI; Procedure No. VOR/DME Runway 35, Amdt. 3; Efi. date, 13 Feb. 69; Sup. Amdt. No. 2; Dated, 25 Mar. 67 4. By amending § 97.15 of Subpart B to delete very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: Ocala, Fla. Ocala Municipal (Jim Taylor Field), VOR/DME No. 1, Amdt. 4, 25 Dec. 1965 (established under Subpart C). Sioux City, Iowa—Sioux City Municipal, VOR/DME Runway 13, Amdt. 5, 13 May 1967 (established under Subpart C). 5. By amending § 97.17 of Subpart B to delete instrument landing system (ILS) procedures-as follows: Raleigh, N.C.—Raleigh-Durham, ILS Runway 5, Amdt. 11, 30 Dec. 1967 (established under Supart C). Raleigh^N.C. Raleigh-Durham, LOC (BC) Runway 23, Amdt. 12, 10 Feb. 1968 (established under Subpart C). Sioux City, Iowa Sioux City Municipal, LOC (BC) Runway 13, Amdt. 7, 4 Nov. 1967 (established under Subpart C). Sioux City, Iowa—Sioux City Municipal, ILS Runway 31, Amdt. 14, 4 Nov. 1967 (established under Subpart C). 6. By amending § 97.19 of Subpart B to cancel radar procedures as follows: Kansas City, Mo.—Municipal, Radar-1, Amdt. 7, 17 Feb. 1968. T. By amending § 97.23 of Subpart C to establish very high frequency omnirange (VOR) and very high frequency- distance measuring equipment (VOR/DME) procedures as follows:

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1525

Standard I nstrum ent A pproach P rocedure—Type VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: 9 miles after passing Deer Park From— To— Via altitudes VORTAC or 2.4 miles after passing (feet) Sunrise Int/6.6-mile DME Fix.

Bohemia Int— ______DPK VORTAC (NOPT)______DPK R 08379 NM...... 2000 Climbing right turn to 2000' direct to DPK VORTAC and hold. Supplementary charting information: Hold E, 1 minute, right turns, 246° Inbnd.

Procedure turn not authorized. One minute holding pattern, NE of Deer Park VORTAC, 245° Inbnd, right turns, 2000'. FAF, DPK VORTAC. Final approach crs, 265°. Distance FAF to MAP, 9 miles. Minimum altitude over DPK VORTAC, 2000'; over Sunrise Int/6.6-mile DME Fix, 960'. MSA: 000°-090°—1700'; 090°-180°—1700'; 180°-270°—1600'; 270°-360°—1900'. Notes: (1) Radar vectoring. (2) Procedure authorized only during hours control tower is in operation.

D a y and N ight Minimums

AB C D Cond. MDAVISHAAMDAVIS HAA MDA VIS HAA MDA VIS HAA

0...... ____ 960 1 841 960 M 841 «60 1X . 841 960 2 841 VOR/NDB Minimums: MDAVIS HAA MDA VIS HAAMDA VIS HAA MDA VIS HAA c...... 520 1 401 580 i 461 580 IX 461 680 2 661 A...... T 2-eng. or less—Standard. T over 2-■eng.—Standard.

City, Bethpage; State, N.Y.; Airport name, Grumman-Bethpage; Elev., 119'; Facility, DPK

Terminal routes Missed approach Minimum MAP: 8.6 miles after passing CEW From— To— Via altitudes VORTAC. (feet)

R 248°, CEW VORTAC CW...... R 286°, CEW VORTAC (NOPT)... . _ 7-mile DME Arc______...... 2000 Climbing left turn to 2000' direct to CEW R 009°, CEW VORTAC CCW...... R 286°, CEW VORTAC (NOPT)... .. 7-mile DME A rc ...... 2000 VORTAC and hold. Supplementary charting information: Hold W, 1 minute, right turns, 106° Inbnd.

Procedure tum N side of crs, 286° Outbnd, 106° Inbnd, 2000' within 10 miles of CEW VORTAC. FAF, CEW VORTAC. Final approach crs, 106°. Distance FAF to MAP, 8.6 miles. Minimum altitude over CEW VORTAC, 2000'; over 7-mile DME Fix, 820'. MSA: 000°-180°—1700'; 180°-270°—1600'; 270°-360°—1600'. D a y and Night Minimums

AB C D Cond; MDA VIS HAA MDA •VIS HAA MDAVIS HAAMDA VIS HAA

C_____ 1 602 820 1 602 820 IX 602 802 2 602 VOR/DME Minimums: MDA VIS HAAMDAVIS HAA MDA VIS HAAMDA VIS HAA 0 .. . 1 402 680 1 462 680 IX 462 780 2 562 A..______------Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Crestview; State, Fla.; Airport name, Bob Sikes; Elev., 218'; Facility, CEW; Procedure No. VOR-1, Arndt. 1; Eff. date, 13 Feb. 69; Sup. Arndt. No. VOR 1, Orig. Dated, 2 Oct. 66

FEDERAL REGISTER, VOL. 34, NO. 21 — FRIDAY, JANUARY 31, 1969 1526 RULES AND REGULATIONS

S tandard I nstrument Approach P rocedure-—T ype VOR—Continued

Terminal routes Missed approach Minimum MAP: 5.8 miles after passing Pine Lake From— To— Via altitudes Int. (feet)

Coyle VOR______...... Pine Lake Int (NOPT)...... Direct____ ...... 1700 Climbing right turn to 1700' to R 048° Robbinsville VOR...... Direct...... 1900 CYN VOR to Pine Lake Int and hold. Supplementary charting information: Hold SW, 1 minute, right turns, Inbnd crs, 048°. 185' water tower, 0.5 mile S of air­ port. TDZ Elevation, 32'.

Procedure tum S side of crs, 228° Outbnd, 048° Inbnd, 1700' within 5 miles of Pine Lake Int. PAF, Pine Lake Int. Final approach crs, 048°. Distance FAF to MAP, 5.8 miles. Minimum altitude over Pine Lake Int, 1700'. MSA: 000°-180°—1500'; 180°-360°—1600'. N otes: (1) Radar vectoring. (2) Use Lakehurst, N.J., NAS altimeter setting.

D a y and N ight Minimums

A B C D Cond. ------MDA VIS HAT VIS VIS VIS

S -6 ...... 460 1 428 NA NA NA MDA VIS HAA C...... ^...... 500 ■ 1 468 NA NA NA A ______Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized.

City, Lakewood; State, N.J.; Airport name, Lakewood; Elev., 32'; Facility, CYN; Procedure No. VOR Runway 6, Arndt. Orig.; Eff. date, 13 Feb. 69

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 2.2 miles after passing AOH VOK. (feet)

Findlay VO RTAG...... — AOH VOR. Direct. 2700 Turn left, climb to 2600' on R 092° within Rosewood VO RTAC...______AOH VOR. Direct. 2800 10 miles; return to AOH VOR and hold. Neptuneint______:— AOH VOR. Direct. 3000 Supplementary charting information: Hold Bremen Int______..______AOH VOR. Direct. 2800 E AOH VOR, 1 minute, right turns, 272° Inbnd. C aution: Transmission lines and towers 1111', 1.1 miles E of airport. TDZ eleva­ tion, 976'.

Procedure turn N Side of crs, 092° Outbnd, 272° Inbnd, 2600' within 10 miles of AOH VOR. FAF, AOH VOR. Final approach crs, 272°. Distance FAF to MAP, 2.2 miles. Minimum altitude over AOH VOR, 1600'. ■MSA: 000°-090°—2400'; 090°-180°—2900'; 180°-360°—2500'. . N otes: (1) When Allen County altimeter not available, use Findlay, Ohio, altimeter setting, straight-in and circling MDA increased 100'. (2) Alternate minimums author­ ized for those operators having approved weather reporting service at the airport.

D a y and Night Minimums

A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

8-7#...... _____ 1380 1 405 1380 1 405 1380 1 405 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C#...... 1420 1 445 1440 1 465 1440 IM 465 NA A..______.....______Standard.* T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Lima; State, Ohio; Airport name, Allen County; Elev., 975'; Facility, AOH; Procedure No. VOR Runway 27, Arndt. 4; Eff. date, 13 Feb. 69; Sup. Arndt. No. 3; Dated, 11 Mar. 67

FEDERAL REGISTER. VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1527

S tandard I nstrum ent A pproach P rocedure—T ype VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: OCF VORTAC. (feet)

OCF R 128°, C W ...... OCF R 170° (NOPT)...... 8-mile Arc. 1700 Left turn, climb to 2000' on the OCF OCF R 212°, CCW...... i ...... OCP R 170° (NOPT)...... 8-mile Arc. 1700 R 300° within 10 miles, return to OCF 8-mile Arc...... OCF V O R T A C -...... R 170°___ 600 VORTAC and hold. Supplementary charting Information: Final approach crs Intercepts centerline 2400' from threshold. Hold S, 350° Inbnd, 1 minute, left turns. LRCO, 122.1. TDZ Elevation, 81'.

Procedure turn W side of crs, 170° Outbnd, 350° Inbnd, 1700' within 10 miles of OCF VORTAC. Final approach crs, 350°. Minimum altitude over 4-mile DME Fix, 600'. MSA: 000°-270°—1400'; 270°-360°—1500'. Note: Use Gainesville FSS altimeter setting. ¿(Alternate minimums not authorized except operators within approved weather reporting service. *Straight-in MDA reduction of 120' approved when authorized weather service available.

>. D a y and Night Minimums

A B C Cond. D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

6-36*...... 600 1 - 519 600 1 519 600 1 619 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 600 1 510 600 1 510 600 va 610 NA VOR/DME Minimums;

MDA VIS HAT MDA VIS HAT MDA VIS HAT S—36*...... 1 479 560 1 479 560 479 NA MDA VIS HAA ' MDA VIS HAA MDA VIS HAA C...... i 490 . 580 1 490 580 VA 490 NA A...... T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Ocala; State, Fla.; Airport name, Ocala Municipal (Jim Taylor Field); Elev., 90'; Facility, OCF; Procedure No. VOR Runway 36, Arndt. 5; Efl. date 13 Feb 69- Sun Arndt. No. VOR/DME No. 1, Arndt. 4; Dated, 25 Dec. 65 *

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: RDU VORTAC. (feet)

R RDTT vRum f n ££W...... - 5 RDU VORTAC...... 10-mile DME Arc. 2000 Climb to 2000' on R 055° within 15 miles; l Ä MP 7°RTAC CW...... R 236 i RDU VORTAC...... 10-mile DME Arc. 2000 or, when directed by A T C ‘ left turn UHnile DME Arc...... RDU VORTAC (NOPT)...... RDU R 235° 800 climb to 2500' on R 309° within 15 miles. Supplementary charting Information: Final approach crs intercepts runway centerline extended 4100' from threshold. TDZ elevation, 420'.

FtoalaMJroach *** m ° 0utbnd' 055° Inbnd> 2000' within 10miles of RDU VORTAC. ^toimum altitude’over RDU VORTAC, 800'. —1800'; 090°-180°—2800'; 180°-360°—2500'. note: Radar vectoring D a y and Night Minimums

A Cond. B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S“5_ ------— RVR 24 380 800 RVR 24 380 800 RVR 24 380 800 RVR 50 380 MDA VIS HAA c._ MDA VIS HAA MDAVIS HAA MDA VIS HAA 1 405 900 1 465. 900 465 1000 2 A... VA 565 T 2-eng. or 1 ess—KV R 24 Runway 5; Standard all other T over 2-eng. —RVR 24 Runway 5; Standard all other — runways. runways.

aleigh, State, N.C.; Airport name, Raleigh-Durham; Elev., 436'; Facility, RDU; Procedure No. VOR Runway 5, Arndt. 6; Efl. date, 13 Feb. 69; Sup. Arndt No 6- Dated, 30 Dec. 67 , 1

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1528 RULES AND REGULATIONS

S tandard I nstrum ent Approach P rocedure—T ype YOB—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: RDU VORTAC. (feet)

R 330° RDU VORTAC CW XL 03R° RTITT VORT A C 2000 Climb to 2000' on R 218° within 15 miles; R 120°, RDU VORTAC CCW ...... R 038°; RDU VORTAC____. ______10-mile DME A rc...... 2000 or, when directed by ATC, right turn 10-mile DME A rc.-...... ______2.5-mile DME Fix (NOPT) ___ R 038°, RDU VORTAC___ 960 climb to 2500' on R 309° within 15 miles. Supplementary charting information: Final approach crs intercepts runway centerline extended 2000' from threshold. TDZ elevation, 435'.

Procedure to n W side of crs, 038° Outbnd, 218° Inbnd, 2000' within 10 miles of EDU VORTAC. Final approach crs, 218°. Minimum altitude over 2.5-mile DME Fix, 960'. MSA: 000°-090°—1800'; 090°-180°—2800'; 180°-360°—2500'. Note: Radar vectoring. ’ Inoperative table does not apply to HIRL Runway 23. Day and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HATMDAVIS HAT MDA VIS HAT

S-23*__ ...... 960 1 525 960 1 525 960 1 525 960 Vi 525 MDA VISHAA MDAVIS HAAMDA VISHAAMDA VIS HAA C...... 960 1 525 960 1 525 960 iA 525 1000 2 565 VOR/DME Minimums: S-23*— ...... 840 1 405 840 1 405 840 i 405 840 1 405 MDA VIS HAA MDA VISHAAMDA VIS HAAMDA VIS HAA C...... ____ 900 1 465 900 1 465 900 1A 465 1000 2 565 A ...... Standard. T 2-eng. or less—RVR 24 Runway 5; Standard all other T over 2-eng.—RVR 24 Runway 5; Standard ’all other runways. runways.

City, Raleigh; State, N.C.; Airport name, Raleigh-Durham; Elev., 435'; Facility, RDU; Procedure No. VOR Runway 23, Arndt. 7; Efl, date, 13 Feb. 69; Sup. Arndt. No. 6; Dated, 10 Feb. 68

Terminal routes Missed approach ' Minimum From— To— Via altitudes MAP: 3 miles after passing RGB VOR. (feet)

Climb to 3700' Outbnd on R 337° within 15 miles; reverse crs, continue climb to 4500' to VOR. Supplementary charting information: LR CO. Remove 725' antenna. Add antenna pole—1214' (10,000' S of airport). RBG VOR site olevation, 1323'.

Procedure turn W side of crs, 157° Outbnd, 337° Inbnd, 4500' within 10 miles of RBG VOR. FAF, RBG VOR. Final approach crs, 337°. Distance FAF to MAP, 3 miles. Minimum altitude over Winston FM, 3300'; over RBG VOR, 33007 (2500' if FMreceived). MSA: 000°-090°—66007; 090°-180°—6300'; 180°-270°—5100'; 270°-360°—4200'. ¿¡Circling E of airport not authorized. Night visibility minimum 2 miles all categories. 1 . » .—j,,™, ’ Use Eugene altimeter setting when Roseburg altimeter setting not available. Circling .MDA increased 300', and alternate minimums not authorized when KoseDurg weather not available. „ . _ %IFR departure procedures: Climb visually over airport to 15007 then direct to RBG VOR, continue climb on R 157° within 10 miles of VOR so as to cross v u a above: Eastbound V121, 4100'; southeastbound V23W, 3500'; westbound V121, 2600'; northbound Y23W, 2100'. All turns W side of R 157°. Day and Night Minimums

A B C D MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS

...... 2400 VA 1875 2400 VA 1875 2400 VA 1875 NA FM Minimums: C#*...... — ... 1700 VA H75 1700 VA 1175 1700 VA 1175 NA A ...... ____ 2000-2.* T 2-eng. or less—1000-1, Runways 16-34.% T over 2-eng.—1000-1, Runways 16-34.%

C’ty, Roseburg; State, Oreg.; Airport name, Roseburg Municipal; Elev., 525'; Facility, RBG; Procedure No. VOR Runway 34, Arndt. 6; Efl. date, 13 Feb. 69; Sup. Arndt. No. VOR-1, Arndt. 5; Dated, 2 Feb. 67

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31 1969 RULES AND REGULATIONS 1529

S tandard I nstrum ent Approach P rocedure—T ype VOR— Continued

Terminal routes v Missed approach Minimum MAP: 3.6 miles after passing SUX VOR­ From— To— Via altitudes TAC. (feet)

K 070° RTTX VORTAC CW______...... R 132°, SUX VORTAC...... 3000 Climb to 2600' on R 331° within 10 miles of R 238°,’ SUX VORTAC CCW ...... R 132°, SUX VORTAC...... 10-mile Arc...... 3000 VORTAC, return to SUX VORTAC. 10-mile DME Arc------...... SUX VORTAC (NOPT)...... SUX, R 132°...... 2100 Supplementary charting information: 2420' tower, 6.5 miles NE, and 3369' tower, 12 miles NE. Prominent 1310' hill, 1.4 miles ENB.-TDZ elevation, 1093'.

Procedure turn N side of crs, 132° Outbnd, 312° Inbnd, 2400' within 10 miles of SUX VORTAC. FAF, SUX VORTAC. Final approach crs, 312°. Distance FAF to MAP, 3.6 miles. Minimum altitude over SUX VORTAC, 2100'. MSA: 090°-180°—3100'; 180°-270°—2700'; 270°-090°—4400'. Note: Restrictions due to 2420' tower, 6.5 miles NE, 3369' tower, 12 miles NE, and 1310' terrain, 1.4 jniles ENE. %IFR departure procedures: For north- and northeast-bound departures when weather is below 2400-2, flight below 2900' beyond 4 miles from airport and flight below 3900' beyond 12 miles from airport is prohibited between R 332° and R 025° inclusive of SUX VORTAC. #Air carrier reduction not authorized. Day and Night Minimums

A BCD Cond. MDAVISHATMDAVISHATMDAVIS HAT MDAVISHAT

S-31___ ...... 1500 RVR 24 407 1500 RVR 24 407 1500 RVR 24 407 1500 RVR 50 407 MDA VISHAAMDA VIS HAA MDA VIS HAA MDA VISHAA C...... 1620 1 523 1620 1 523 1660 VÁ 563 1660 2 563 Standard. T 2-eng. or less—300-1, Runways 4; RVR 24 Runway T over 2-eng.—300-1, Runways 4; RV R 24 Runway 31; ¿Standard all other runways.% 31; ^Standard all other runways.%

City, Sioux City; State, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, SUX; Procedure No. VOR Runway 31, Arndt. 14; Efl. date, 13 Feb. 69; Sup. Arndt. No. 13; Dated, 13 May 67 S tandard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.1-mile DME Fix. . (feet)

SUX VORTAC...... 8.5- mile DME Fix, R 311° ...... Direct...... 2800 Climb to 2800' on R 131° within 10 miles of R 266°, SUX VORTAC CW R 311°, SUX VORTAC...... 18-mile Are. 3100 VORTAC and return to SUX VOR- R 037°, SUX VORTAC CCW. R 346°, SUX VORTAC...... 18-mile Are. 4400 TAC. R 346°, SUX VORTAC CCW. R 311°, SUX VORTAG!...... 18-mile Are. 3100 Supplementary charting information: 2420' 18-mile DME Fix, R 311° . 8.5- mile DME Fix, R 311° (NOPT)... Direct...... 2100 tower, 6.5 miles NE, and 3369' tower, 12 miles NE. Prominent 1310' hill, 1.4 miles ENE. TDZ elevation, 1093'.

Procedure turn S side of crs, 311° Outbnd, 131° Inbnd, 2600' within 10 miles of 8.5-mile DME Fix. imal approach crs, 131°. Minimum altitude over 8.5-mile DME Fix, R 131°, 2100'. MSA: 090°-180°—3100'; 180°-270°—2700'; 270°-090°—4400'. cpTvri 5 es^rictions due to 2420' tower, 6.5 miles NE, 3369' tower, 12 miles N.E, and 1310' terrain, 1.4 miles ENE. üoíwv R j P arture procedures: For north- and northeast-bound departures when weather is below 2400-2, flight below 2900' beyond 4 miles from airport and flight below a Oeyond 8 miles from airport is prohibited between R 332° and R 025° inclusive of SUX VORTAC. iAir earner reduction not authorized. Day and Night Minimums

AB C Cond. D MDA VIS HAT MDA VISHAT MDAVIS HAT MDA VISHAT S-13 H 507 1600 % 507 1600 K 507 1600 1 507 MDA VISHAAMDA VISHAA MDAVIS HAA MDA VIS HAA C__ 1 523 1620 1 523 1660 563 1660 2 563 A...... T 2-eng. or less—300-1, Runway 4; RVR 24, Runway T over 2-eng.—300-1, Runway 4; RVR 24. Runwav 31:# 31; # Standard all other runways. % Standard all other runways. %

c% , Sioux City; state, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, SUX; Procedure No. VOR/DME Runway 13, Arndt. 6; Eff. date, 13 Feb. 69; Sup. Arndt. No. 5; Dated, 13 May 67

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1530 RULES AND REGULATIONS

8. By amending § 97.23 of Subpart C to amend very high frequency omnirange (VOR) and very high frequency-distance measuring equipment (VOR/DME) procedures as follows: S tandard I nstrum ent A pproach P rocedure—T ype VOR Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall corresnonfi with those established for en route operation in the particular area or as set forth below. f u

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 6.3 miles afte passing FLP VOR. (feet)

Climbing left turn to 3000' direct to FLP VOR Mid hold. Supplementary charting information: Hold E of FLP VOR on R 080°-R 260° Inbnd, right turns, 1 minute.

Procedure turn N side of crs, 080° Outbnd, 260° Inbnd. 3000' within 10 miles of FLP VOR. FAF, FLP VOR. Final approach crs, 260®. Distance FAF to MAP, 6.3 miles. Minimum altitude over FLP VOR, 2300'. MSA: 090°-180°—2000'; 180°-270°—3400'; 270°-090°—2600'. Note: Use Harrison FSS altimeter setting. Day and Night Minimums

Cond. ------;------:_____ MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS

C...... 1460 1 739 1560 1 839 1660 VA 839 NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Flippin; State, Ark.; Airport name, Flippin; Elev., 721'; Facility, FLP; Procedure No. VOR-1, Arndt. 5; Eft. date, 13 Feb. 69; Sup. Arndt. No. 4; Dated, 19 Dec. 68

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 8 miles from GNI VOR. (feet)

Climb to leOO7, left turn direct to GNI VOR.

Procedure tum S side of crs, 226° Outbnd, 046° Inbnd, 1500' within 10 miles of GNI VORTAC. FAF, GNI VORTAC. Final approach crs, 048®. Distance FAF to MAP, 8 miles. Minimum altitude over GNI VOR, 1600'. MSA: 000°-360°—1600'. Notes: (1) Use New Orleans NAS altimeter setting when GNI altimeter setting not available. (2) Night minimums not authorized. •MDA increased 160' when GNI altimeter setting not available. Day and Night Minimums

A B C D Cond. MDA VIS HAA MDA VIS HAAMDA VIS HAA VIS

C*___ ...... 640 VA 640 640 1A 640 640 VA 640 NA A...„. ____ Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Grand Isle; State, La.; Airport name, Grand Isle Seaplane; Elev., O'; Facility, GNI; Procedure No. VOR-1, Arndt. 3; Eft. date, 13 Feb. 89; Sup. Arndt. No. X Dated, 14 Nov. 68

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1531

S tandard I nstrum ent A pproach P rocedure—T ype VOR/DME Bearings, headings, courses and radlals are magnetic. Elevations and altitudes are in-feet MSL, except HAT, HAA, and RA; Ceilings are In feet above airport elevation; Distances are In nautical miles unless otherwise Indicated, except visibilities which are In statute miles or hundreds of feet RVR; If an Instrument approach procedure of the above type is conducted at the below named airport. It shall be In accordance with the following instrument approach procedure, unless an approach Is conducted In accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: 12-mile DME—GNI VORTAC From— To— Via altitudes R 044°. (feet)

GNI VORTAC...... ______17-mile DME Fix, R 044°...... R 044°... _____ 1500 Climb to 1500' direct GNI VORTAC. 27-mile DME Fix, R 044°______...... 17-mile DME Fix) R 044° (NOPT).___ R 224°... _____ 1500 Supplementary charting information: R 404° selected at request of principal base operator.

Procedure tum W side of crs, 044° Outbnd, 224° Inbnd, 1500' within 10 miles of 17-mile DME Fix, R 044°. Final approach crs, 224°. Minimum altitude over 17-mile DME, 1600'. MSA: 000°-360°—1600'. Notes: (1) Use New Orleans NAS altimeter setting when GNI altimeter setting not available. (2) Night minimums not authorized. *MDA Increased MG' when GNI altimeter setting not available. Day and Night Minimums

A B C D MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS

C*___ 640 1 640 640 1 640 640 640 NA A____ T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Grand Isle; State, La.; Airport name, Grand Isle Seaplane; Elev., O'; Facility, GNI; Procedure No. VOR/DME-1, Arndt. 2; Efl. date, 13 Feb. 69; Sup. Arndt. No. 1; Dated, 14 Nov. 68

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: MLU R 272°, 26-mile DME Fix. (feet)

MLUVORTAC-— ...... _...... ______Tremont Int (NOPT)...... Direct...... 2000 Climbing right tum to 2000' heading 092°. R 262°, MLU VORTAC CW...... R 272°, MLU VORTAC (NOPT)___ 16-mile Are MLU, R 26 lead 2000 Hold E of Tremont DME Int. ■ radial. Supplementary charting information: Hold R 320°, MLU VORTAC CCW „.._...... R W, MLU VORTAC (NOPT)___ 16-mile Are MLU, R 277° lead 2000 E of Tremont DME Int on MLU VOR­ radial. TAC R 272°, right turns 4-mile pattern. Depict 697' tower, 0.9 mile NW ofairport.

Procedure turn N side of crs, 092° Outbnd, 272° Inbnd, 2000' within 5 miles of 21-mile DME (Tremont Int); Final approach crs, 272°. Minimum altitude over Tremont Int (21-mile DME), 2000'; MSA: 140°-230°—3100'; 230°-140°—1900'. " Note: Use Monroe, La., FSS altimeter setting. Caution: Maneuvering not authorized W of airport defined by extension of runway centerline. Day and Night Minimums

A B C «UM D Cond. MDA VIS HAA MDA VIS HAA VIS VIS

0 NA A____

City, Ruston; State, La.; Airport name, Ruston Municipal; Elev., 327'; Facility, MLU; Procedure No. VOR/DME-1, Arndt. 1; Efl. date, 13 Feb. 69; Sup. Arndt. No. Oriir: Dated 23 May 68

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 3 1 . 1969 1532 RULES AND REGULATIONS 9. By amending § 97.25 of Subpart C to establish localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: , . _ _ m r __ S tandard I nstrument A pproach P rocedure—T ype LOC Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. . . • If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following Instrument approach procedure, nnlAss an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4 miles after passing LEI NDB. (feet)

RD LOM...... LEINDB...... Direct...... : ...... 2000 Climb to 2000' on BW crs of localizer (229°) RDUVORTAC LEINDB...... Direct...... >...... 2000 within 15 miles; or, when directed by Wendeil Int____ LEINDB...... Direct...... 2000 ATC, right turn climb to 2500' on R 309° Chapel Hill Int.. LEI NDB...... - Direct...... 2000 of RDU VORTAC within 15 miles. Durham Int____ LEI NDB...... Direct...... 2000 Supplementary charting information: TDZ Franklinton Int.. LEIN DB...... D irect...... 2000 elevation, 435'. Zebuion Int...... LEINDB...... D irect...... 2000

Procedure turn N side of crs, 049° Outbnd, 229° Inbnd, 2000' within 10 miles of LEI NDB. FAF, LEI NDB. Final approach crs, 229°. Distance FAF to MAP, 4 miles. Minimum altitude over LEI NDB, 1500'. MSA: 000°-090°—1800'; 090°-180°—2800'; 180°-360°—2500'. N ote: Radar vectoring. •Inoperative table does not apply to-HIRL Runway 23. D a y and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VISHAT

1 405 S-23*...... 840 I 405 840 1 405 840 1 405 840 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA 1000 2 565 C...... 840 1 405 900 1 465 900 m 465 24, Runway 5;; Standard all other A ...... Standard. T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—RVR runways. runways.

City Raleigh- State, N.C.; Airport name, Raleigh-Durham; Elev., 435'; Facility, I-RDU; Procedure No. LOC (BC) Runway 23, Arndt. 13; Eft. date, 13 Feb. 69, Sup. Arndt. * ’ > » Ma. 19* 1A Tffih. fiS

Terminal routes Missed approach Minimum To— Via altitudes MAP: 4.1 miles after passing JKN NDB. From— (feet)

3limb to 2800' on SE crs of ILS within 10 SUX V O R ...... — • JKN NDB------Direct...... ------2600 JKN NDB...... - Direct...... - 2600 miles, return to JKN NDB. Jefferson I n t...... Supplementary charting information: 2420 Hubbard Int..------JKN N D B:...... 2800 R 266°, SUX VORTAC CW... SUX LOC...... 19-mile Arc, R 3ÖÖ° "lead radial. 3100 tower, 6.5 miles NE, and 3369' tower, 12 R 037°, SUX VORTAC CCW. R 346°, SUX VORTAC 19-mile Are...... 4400 miles NE. Prominent 1310' hill, 1.4 miles R 346°, SUX VORTAC CCW. SUX LOC______19-mile Arc, R 314° lead radial. 3100 ENE. TDZ elevation, 1093', 19-mile DME Are______JKN NDB (NOPT)— . LOC crs...... - 2300

Procedure turn S side of crs, 307° Outbnd,*127° Inbnd, 2600' within 10 miles of JKN NDB. FAF, JKN NDB. Final approach crs, 127°. Distance FAF to MAP, 4.1 miles. Minimum altitude over JKN NDB, 2300'. MSA; 090°-180°—2900'; 180°-270°—2700'; 270°-090°—4400'. . , . .. _ XT_, N ote: Restrictions du© to 2420' tower, 6.5 miles NE, 3369/ tower, 12 miles NE, and 1310 terrain, L4 mues^ ENE. , .. , , .. ■ a. koIaw ^ïï0TTf %IRF departure procedures: For north- and northeast-bound departures when weather is below 2400-2, flight below 2900 beyond 4 miles from airport and flight be o beyond 8 miles from airport is prohibited between R 332° and R 025° inclusive of SUX VORTAC. #Air carrier reduction not authorized. , D a y and N ight Minimum^

A B C D Cond. HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS

1 347 S-13___ ...... 1440 M 347 1440 H 347 1440 H 347 1440 HAA MDA VIS HAA MDAVIS HAA MDA VIS HAA MDA VIS 2 563 C...... 1620 1 623 1620 1 . 523 1660 1H 562 1660 RVR 24, Runway 31;# A Standard. T 2-eng. or less—300-1, Runway 4; RVR 24, Runway 31;# T over 2-eng.—300-1, Runway 4; Standard all other runways.% Standard all other runways.%)

City Sioux City; State, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, I-SUX; Procedure No. LOC (BC) Runway 13, Arndt. 8; Eft. date, 13 Feb. 69, Sup. Arndt. No. 7; Dated, 4 Nov. 67

FEDERAL REGISTER, V O L 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1533 10. By amending $ 97.27 of Subpart C to establish non directional heacon (automatic direction finder) (NDB/ADF) procedures as follows: S tandard in strum en t a ppro ach P rocedure—T ype NDB (ADI') Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HA A, and HA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

' Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 6.1 miles after passing BBN NDB. (feet)

DPK VORTAC...... -...... BBN NDB...... Direct__ ...... 1600 Climbing left turn to 1600' direct to BBN NUB and hold; or, when directed by ATC, climbing right turn direct to Deer Park. Hold E, 1 minute, right turns, 257° Inbnd, 1800'. Supplementary charting information: Hold SE, 1 minute, right turns, -323° Inbnd. TDZ elevation, 112'.

Procedure turn E side of crs, 143° Outbnd, 323° Inbnd, 1600' within 10 miles of BBN 'NDB. FAF, BBN NDB. Final approach crs, 323°. Distance FAF to MAP, 6.1 miles. Minimum altitude over BBN NDB, 1600'. MSA: 000°-090*—1700'; 090°-180°—1400'; 180°-270°—1400'; 270o-360°—2600'. Notes: (1) Radar vectoring. (2) Procedure authorized only during hours control tower is in operation.

D a y and Night Minimums

A B C D Cond. MDAVIS HAT MDA VIS HAT MDAVIS HAT MDA VISHAT

S—33...... 600 1 488 600 1 488 600 1 488 600 1 488 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TTA* C...... -...... 600 1 481 600 1 488 600 1)4 481 680 2 661 A...... Not authorized. T 2-eng. or less—Standard. TT overover 2-eng.—Standard.2-eng.—Standard.

City, Bethpage; State, N.Y.; Airport name, Grumman-Bethpage; Elev., 119'; Facility, BBN; Procedure No. NDB (ADF) Runway 33, Arndt. 3; Eff. date, 13 Feb. 69; Sup. Arndt. No. ADF 1, Arndt. 2; Dated, 4 July 64

Terminal mutes Missed approach Minimum From— To— Via altitudes MAP:A.Fmfles after passing PNJ NDB. (feet)'

I — r 1 | 1 I Climb to 2000' direct to Chatham NDB and hold. Supplementary charting information: Hold NE, 1 minute, right turns, 241° Inbnd. 672' tower, 2.2 miles W of PNJ NDB. TDZ Elevation, 175'.

Procedure tum N side of crs, 065° Outbnd. 245° Inbnd, 2000' within 10 miles of PNJ NDB. PAF, PNJ NDB. Final approach crs, 245<5. Distance FAF to MAP, 6.9 miles. Minimum altitude over PNJ NDB, 2000'. MSA: 000°-090°—2700'; 090°-270°—2600'; 270°-360°—2900'. notes: (1) Radar available. (2) Use Newark altimeter setting. »straight-in night minimums not authorized. D a y and N ight Minimums

A B Cond. c T> - MDA VIS HAT MDA VIS HAT VIS VIS 6-27#...... 885 1060 1)4 885 NA NA MDA VIS HAA MDA VIS HAA c... IX 885 iüou 885 NA NA A.... j. z-eng. or less—¡standard, ±tunways 4-22-27; Runway 9, T over 2-eng.—Standard, Runways 4-22-27; Runway 9, 600-1. . 600-1. City, Caldwell; State, N.J.; Airport name, Caldwell-Wright; Elev., 176'; Facility, PNJ; Procedure No. NDB (ADF) Runway 27. Arndt. 1: Eff. date, 13 Feb. 69; Sup. Arndt. No. ADF 1, Orig.; Dated, 27 Mar. 66 .

No. 21---- 8 FEDERAL REGISTER, V O L 34, NO. 2 1 — FRIDAY, JANUARY 3 1 , 1969 1534 RULES AND REGULATIONS

S tandard I nstrum ent A pproach P rocedure—T ype NDB (ADF)—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: GRB NDB. (feet)

GBR NDB ___Direct.. . . . ______. 4000 Make right-climbing turn to 3600', return to GBR NDB . .. . . Direct______...... 4000 GBR NDB and hold. GBR NDB.. ______Direct.. ______3600 Supplementary charting information: Hold S of GBR NDB, 345® Inbnd, 1 minute, left turns. High terrain all quadrants.

Procedure turn W side of crs, 165° Outbnd, 345® Inbnd, 3600' within 10 miles of GB R NDB. Final approach crs, 345®. Minimum altitude over Sheffield FM, 2200'. MSA: 000®-090®—4700'; 090®-180®—3700'; 180®-270°—3700'; 270®-360°—4400'. „ , . , . . 1J. ^ . .. . . N otes: (1) Use Bradley Field altimeter setting. (2) Facility must be monitored aurally during approach. (3) Approach from a holdmg pattern not authorized; procedure turn required. %Night operations Runways 11/29 only. D a y and Night Minimums

A B CD ConcL MDA VIS HAA MDA VISHAA VISVIS

C%------______2200 2 1474 2200 V i 1474 NA NA NDB/FM Minimums: MDA VISHAAMDA VISHAA C%------______1920 VÁ 1194 1920 m 1194 NA NA A ------______Not authorized; T 2-eng. or less—500-2.% T over 2-eng.—500-2.%

Citv. Great Barrington; State, Mass.; Airport name, Great Barrington; Elev., 726'; Facility, GBR; Procedure No. NDB (ADF)-l, Arndt. 1; Eff. date, 13 Feb. 69; Sup. Arndt. No. Orig.; Dated, 25 Feb. 67

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 6.8 miles after passing RD LOM. (feet)

LEI NDB______RD LOM...______Direct. 2000 Climb to 2000' on crs 049® from RD LOM RDUVORTAC______RD LOM______... ______Direct. 2000 within 15 miles; or, when directed by Chapel Hill Int______.______RD LOM______Direct. 2000 ATC, left turn climb to 2500' on R 309° Holly Springs Int______RD LOM______Direct. 2000 RD IT VO RTAC within 15 miles. Moncure Int__ . ______RD LOM__(NOPT)______Direct. 2000 Supplementary charting information: TDZ Durham Int------RD LOM...... Direct. 2000 elevation, 420'. Goldston Int______RD LOM__(NOPT)______Direct. 2000

Procedure tum N side of crs, 229® Outbnd, 049® Inbnd, 2000' within 10 miles of RD LOM. FAF, RD LOM. Final approach crs, 049®. Distance FAF to MAP, 5.8 miles. Minimum altitude over RD LOM, 2000'. MSA: 000®-090*—2000'; 090®-180°—2900'; 180®-270°—1800'; 270®-360®—2500'j N ote: Radar vectoring. D a y and Night Minimums

A B C ______D MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

g-5„.__.... ______. - 800 RVR 40 380 800 RVR 40 380 800 RVR 40 380 800 RVR 50 380 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C______« ... 840 1 405 900 1 465 900 1H 465 1000 2 565 ______Standard; T 2-eng. or less—RVR 24, Runways 5; Standard all other T over 2-eng.—RVR 24, Runways 5; Standard all other runways. runways.

City. Raleigh; State. N.C.: Airport name, Raleigh-Durham; Elev- 436'; Facility, RD; Procedure No. NDB (ADF) Runway 5, Arndt. 12; Efl. date, 13 Feb. 69; Sup. Arndt. . No. 11; Dated, 30 Dec. 67

*

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1535

S tandard I nstrum ent Approach P rocedure—T ype NDB (AD F)— Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4 miles after passing LEI NDB. (feet)

RDU LOM...... LEI NDB ...___Direct______2000 Climb to 2000' on 229® crs from LEI NDB RDU VORTAC...... -— ...... LEI NDB... _____Direct______2000 within 15 miles; or, when directed by _ ...... LEI NDB 9.000 ATC, right turn climb to 2500' on R 309® Chapel Hill Int______.. ______...... LEI NDB... _____Direct______...... 2000 of RDU VORTAC within 15 miles...... LEI NDB... 2000 Supplementary charting information: TDZ ...... LEI NDB... 2000 elevation, 435'. Zebulon Int------...... LEI NDB... _____Direct—...... 2000

Procedure turn N side of crs, 049° Outbnd, 229° Inbnd, 2000' within 10 miles of LEI NDB. FAF, LEI NDB. Final approach crs, 229®. Distance FAF to MAP, 4 miles. Minimum altitude over LEI NDB, 1500'. MSA: 000°-090°—1800'; 090®-180°—2800'; 180®-360®—2500'. Note: Radar vectoring. D ay and Night Minimums

A B C D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VISHAT

6-23.__ ...... 960 1 525 960 1 525 960 1 525 960 M 525 MDAVIS HAA MDA VIS HAAMDAVIS HAA MDA VIS HAA C...... 960 1 525 960 1 525 960 1H , 525 1000 2 565 A...... T 2-eng. or less—RVR 24, Runway 5; Standard all other T over 2-eng.—-RVR 24, Runway 5; Standard all other runways. runways.

City, Raleigh; State, N.C.; Airport name, Raleigh-Durham; Elev., 435'; Facility, LEI; Procedure No. NDB (ADF) Runway 23, Arndt. 4; Eft. date, 13 Feb. 69: Sup. Arndt. No. 3; Dated, 30 Dec. 67

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.1 miles after passing JKN NDB. (feet)

SUX VORTAC...... JEN NDB...... _ ...... Direct...... „ 2600 Climb to 2800' on 127° bearing from NDB JetoKon Lit------JKN NDB------Direct------»______2600 within 10 miles, return to JKN NDB. Hubbard Int..------, ------JKN NDB------Direct------„----- 2600 Supplementary charting information: 2420' tower, 6.5 miles NE, and 3369' tower, 12 miles NE. Prominent 1310' hill, 1,4 miles ENE. TDZ elevation, 1093'.

Procedure turn side of crs, 307° Outbnd, 127° Inbnd, 2600' within 10 miles of JKN NDB. FAF, JKN NDB. Final approach crs, 127°. Distance FAF to MAP, 4.1 miles. Minimum altitude over JKN NDB, 2300'. MSA: 090°-180°—2900'; 180°-270°—2700'; 270°-090°—4400'. Note: Restrictions due to 2420' tower, 6.5 miles NE, 3369' tower 12 miles NE, and 1310' terrain, 1.4 miles ENE. % IFR departure procedures: For north- and northeast-bound departures when weather is below 2400-2, flight below 2900' beyond 4 miles from airport and flight below 3900' beyond 8 miles from airport is prohibited between R 332° and R 025° inclusive of SUX VORTAC. fAir carrier reduction not authorized.

D a y and N ight M inimums

A B C D MDA VISHAT MDAVIS HATMDA VIS HAT MDAVIS HAT S—13 1 567 1660 1 567 1660 1 567 1660 W 667 MDA VISHAA MDAVIS HAA MDA VIS HAAMDA VIS HAA C 1 563 1660 1 563 1660 w 563 1660 2 563 ■...... — ____Standard. T 2-eng. or less—300-1, Runway 4; RVR 24, Runway 31; # 1? over 2-eng.—300-1, Runway 4; RVR 24. Runway 31: # Standard all other runways.% Standard all other runways.%

City, Sioux City; State, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, JKN; Procedure No. NDB (ADF) Runway 13, Amdt. 8; ES. date, 13 Feb. 69; Sup. Arndt. No. 7; Dated, 4 Nov. 67

FEDERAL REGISTER, VOL. 34, NO. 21 — FRIDAY, JANUARY 31, 1969 1556 RULES AND REGULATIONS

Standard in strum en t A pproach P rocedure—T ype NDB (AD F)— Continued

Terminal routes Missed approach Minimum From— T o - Via altitudes MAP: 5.3 miles after passing LOM. (feet)

SUX VORTAC. SU LOM. Direct. ■within 10 miles, return to LOM; or, when directed by ATC, turn left and climb to 3700' on R 266° of SUX VO RT AC within 10 miles. Supplementary charting information: 2420' tower, 6.5 miles NE, and 3369' tower 12 miles NE. Prominent 1310' hill, 1.4 miles ENE. TDZ elevation, 1093'.

Procedure turn N side of crs, 127° Outbnd, 307° Inbnd, 2600' within 10 miles of SU LOM. FAF, SU LOM. Final approach crs, 307°. Distance FAF to MAP, 5.3 miles. Minimum altitude over SU LOM, 2600'. MSA: 090°-180o—3100'; 180o-270o—2700'; 270<’-090°—4400'. N ote: Restrictions due to 2420' tower, 6.5 miles NE, 3369' tower, 12 miles NE, and 1310' terrain, 1.4 miles ENE. %IFR departure procedures: For north- and northeast-bound departures when weather, is below 2400-2, flight below 2900' beyond 4 miles from airport and flight below 3900' beyond 8 miles from airport is prohibited between R 332° and R 025° inclusive of SUX VORTAC. #Air carrier reduction not authorized. D a y and Night Minimums

MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

S-31...... — ...... 1600 RVR40 507 1600 RVR 40 507 1600 RVR 40 507 1600 RVR 50 507 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS Uaa C...... —-...... — 1620 1 523 1620 1 523 1660 1^ 563 1660 2 563 A ...... Standard. T2-eng. or less—300-1, Runway 4; RVR 24, Runway 31;# T over 2-eng—300-1, Runway 4; RVR 24, Runway 31;# Standard all other runways.% . Standard all other runways.%

City, Sioux City; State, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, SU; Procedure No. NDB (ADF) Runway 31. Arndt. 14; Eft. date. 13 Feb. 69; Sudi Arndt. No. 13; Dated, 13 May 67 11. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows; S tandard I nstrum ent A pproach P rocedure—T y pe NDB (ADF) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum altitudes shall correspond with those, established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 6 miles from GNI NDB; (feet)

Climb to 1500', left turn direct to GNI NDB;

Procedure turn S side of crs, 226° Outbnd, 046° Inbnd, 1500' within 10 miles of QNI NDB. FAF, GNI NDB. Final approach crs, 046°. Distance FAF to MAP, 6 miles. Minimum altitude over GNI NDB, 1500'; MSA: 000°-360°—1600'. N otes: (1) Use New Orleans NAS altimeter setting when GNI altimeter setting not available. (2) Night minimums not authorized; •MDA increased 160' when GNI altimeter setting not available.

D a y and Night Minimums

AB C D Cond. MDAVIS HAA MDA VIS HAAMDA VIS HAA VIS

C*..„ ...... 640 640 640 1H. 640 640 V4 640 NA A ...... T 2-eng. or less—Standard. T over 2-eng.—Standard;

City, Grand Isle; State, La.; Airport name, Grand Isle Seaplane; Elev., O'; Facility, GNI; Procedure No. NDB (ADF)-1, Arndt. 4; Eff. date, 13 Feb. 69; Sup. Arndt. No. 3; Dated, 14 Nov. 68

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1537 12. By amending f 97.29 of Subpart C to establish instrument landing system (ILS) procedures as follows: Standard I nstrum ent A pproach P rocedure—T ype ILS Bearings headings, courses and radiais are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and RA. Ceilings.are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles or hundreds of feet RVR. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator. Initial approach minimum attitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Terminal routes Missed approach Minimum MAP: ILS DH, 620'; LOC 5.8 miles after From— To— Via altitudes passing RD LOM. (feet)

LEI NDB______RD LOM______... ______Direct______2000 Climb to 2000' on NE crs 049° of localizer RDU VORTAC______RD LOM...... ______D irect...______2000 within 15 miles; or. when directed b y - Chapel Hill In t..______—- RD LOM....:______Direct______2000 ATC, left turn climb to 2500' on R 309° Holly «..Springs .1 ____t Int_ a ------...... T)T\ RD TLOM...... AM ...... ______Direct TM ...... onnn 2000 TvrvTTRDU VORTAC Dm a n —within i15 r __miles...... RD LOM (NOPT)...... Direct______...... 2000 Supplementary charting information: TDZ ...... RD LOM...... 2000 elevation, 420'. Goldston Int______...... RD LOM (NOPT)...... Direct...... 2000

Procedure turn N side of crs, 229° Outbnd, 049° Inbnd, 2000' within 10 miles of RD LOM. PAF, RD LOM. Final approach crs, 049°. Distance FAF to MAP, 6.8 miles. Minimum glide slope interception altitude, 2000'. Glide slope altitude at OM, 2040'; at MM, 631'. Distance to runway threshold at OM, 5.8 miles; at MM, 0.6 mile. MSA: 000°-090°—2000'; 090°-180°—2900'; 180°-270°—1800'; 270°-360°—2500'. Notes: (1) Radar vectoring. (2) Glide slope unusable below 620' MSL. Day and Night Minimums

- A B C D Cond. DH VIS HAT DH VIS HAT DH VIS HAT DH VISHAT

B-5...... 620 RVR 24 200 620 RVR 24 200 620 RVR 24 200 620 RVR 24 200 LOC: MDA VISHAT MDA VIS HATMDAVIS HAT MDAVISHAT S-5...... 720 RVR 24 300 720 RVR 24 300 720 RVR 24 300 720 RVR 40 300 MDA VISHAA MDAVIS HAAMDAVIS HAA MDAVIS HAA C...... , ___ ...... 840 1 405 900 1 465 900 TJ* 465 1000 2 565 A...... T 2-eng. or less—RVR 24, Runway 5; standard all other T over 2-eng.—RVR 24 Runway 6; Standard all other runways. runways.

City, Raleigh; State, N.C.; Airport name, Raleigh-Durham; Elev., 435'; Facility, I-RDU; Procedure No. ILS Runway 5, Arndt. 12; Eff. date, 13 Feb. 69; Sup. Arndt. No. 11: Dated, 30 Dec. 67

Terminal routes Missed approach Minimum MAP: ILS DH, 1293'; LOC 5.3 miles after From— To— Via altitude passing SU LOM. (feet)

SUX VORTAC...... SU LOM...... „ ...... Direct...... 1...... 2600 Climb to 2600' on NW crs ILS within 10 § Silo’ YORTAC UW...... — SUX LOC— ------10-mile Arc 115° lead radial____ 3000 miles, return to LOM; or, when directed ® » SUX VORTAC CCW------SUX LOC------10-mile Arc 139° lead radial___ 3000 by ATC, turn left, climb to 3700' on R 10-mlle DME Arc...... SU LOM (NOPT)...... LOC Crs...... 2600 266° SUX VORTAC within 10 miles; return to SUX VORTAC. Supplementary charting information: TDZ elevation, 1093'.

Procedure turn N side of crs, 127° Outbnd, 307° Inbnd, 2600' within 10 miles of SU LOM. EAF, SU LOM. Final approach crs, 307°. Distance FAF to MAP, 5.3 miles. Minimum glide slope interception altitude, 26007. Glide slope altitude at OM, 2575'; at MM, 1297'. ». Distance to runway threshold at OM, 5.3 miles; at MM, 0.5 mil« MSA: 090°-180°—3100'; 180°-270°—2700'; 270°-090°—4400'. Note: Restrictions due to 2420' tower, 6.5 miles NE, 3369' tower, 12 miles NE, and 1310' terrain, 1.4 milp.

A B C Cond. D DH VIS HAT DH VIS HAT DH VISHAT DH VIS HAT 6-81.. RVR 24 200 1293 RVR 24 200 1293 RVR 24 200 1293 RVR 24 200 LOC: MDA VIS HAT MDAVIS HAT MDAVIS HAT MDA VIS HAT S—31__ RVR 24 367 1460 - RVR 24 367 1460 RVR 24 367 1460 RVR 40 367 MDA VIS HAA MDA VIS HAA MDA VISHAA MDA VIS HAA c ...... 1 523 1620 1 523 1660 VÁ 563 1660 2 563 T 2-eng. or less—300-1, Runway 4; RVR 24. Runway 31;# T over 2-eng.—300-1, Runway 4; RVR 24, Runway 31;# — btanaara all otner runways.% Standard all other runways.%

ity,Sioux City; State, Iowa; Airport name, Sioux City Municipal; Elev., 1097'; Facility, I-SUX; Procedure No. ILS Runway 31, Arndt. 15; Eff. date, 13 Feb. 69; Sup. Arndt. No. 14; Dated, 4 Nov. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(C), 313(a), 601, Federal Aviation Act of 1958; 49 UJS.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on January 7, 1969. E d w ard C . H odson, Acting Director, Flight Standards Service. [F.R. Doc. 69-475; Filed, Jan. 30, 1969; 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1538 RULES AND REGULATIONS of any firm engaged in the production bands to assignments within allotments Title 16— COMMERCIAL and/or sale of ready-mixed concrete and/or frequency usage as adopted by without the prior approval of the Federal the ITU World Administrative Radio Trade Commission. Conference on marine matters (WARC), PRACTICES V. It is further ordered, That United Geneva—1967. Chapter I— Federal Trade Commission States Steel Corp., within sixty (60) 2. Comments were filed by: American days from the effective date of this order, Merchant Marine Institute, Inc. [Docket No. 8655 o.] and every sixty (60) days thereafter un­ (AMMI), Collins Radio Co. (Collins), PART 13— PROHIBITED TRADE til it has fully complied with the pro­ Pacific Far East Line, Inc. (PFEL), RCA PRACTICES visions of this order, submit in writing Communications, Inc. (RCA), and Trop­ to the Federal Trade Commission a re­ ical Radio Telegraph Co. (TRT). No re­ United States Steel Corp. port setting forth in detail the manner ply comments were filed. Subpart—Acquiring corporate stock or and form in which it intends to comply, 3. The comments of AMMI were di­ is complying, and/or has complied with rected to the matter of frequency toler­ assets: § 13.5 Acquiring corporate stock ance to be applied to ship stations using or assets. this order. All compliance reports shall include, among other things that will be A1 (radiotelegraphy) emission in the (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets from time to time required, a summary bands between 4,000 and 27,500 kc/s. The or applies sec. 7, 38 Stat. 731, as amended; of all contacts and negotiations with comments of RCA were principally con­ 15 U.S.C. 18) [Cease and desist order, United cerned with the same matter. In the fil­ States Steel Corp., Hicksville, N.Y., Docket potential purchasers of the stock and/or ings submitted by Collins, PFEL, and 8655, Dec. 2, 1968] assets to be divested under this order, TRT, no comment was made in regard Order requiring the Nation’s largest the identity of all such potential pur­ to the frequency tolerance matter de­ steel company to divest itself, within 1 chasers, and copies of all written com­ scribed above. Collins did, however, rec­ year, of a Hicksville, N.Y., producer of munications to and from such potential ommend that the frequency tolerance ready mix concrete, acquired in April purchasers. applicable to ship stations employing 1964, and not to acquire such a firm for By the Commission.1 narrow-band direct-printing telegraph the next 10 years without prior approval and data transmission systems be re­ of the Commission. Issued: December 2,1968. duced to a value less than 100 cycles per The order of divestiture, including [seal] J oseph W. S hea, second. Both of these matters are treated further order requiring report of com­ S ecretary. in later paragraphs in this report and pliance therewith, is as follows: [F.R. Doc. 69-1289; Filed, Jan. 30, 1969; order. I. It is ordered, That respondent, 8 :4 7 a.m.] 4. Collins recommended that §§ 83.552 United States Steel Corp., divest all stock and 83.553 be amended to include the and/or assets acquired by United States use of emission A2H (single sideband, Steel Corp. as the result of its acquisition full carrier, tone modulation), as an al­ of Certified Industries, Inc., together Title 47— TELECOMMUNICATION ternative to emission A2. The inclusion with all additions thereto and replace­ in the rules of emission A2H, as requested ments thereof, to a purchaser approved Chapter I— Federal Communications by Collins, would be in accord with by the Federal Trade Commission who Commission WARC and, therefore, is adopted. Col­ shall operate said assets as a going con­ lins further recommended these two sec­ cern in the ready-mixed concrete indus­ [Docket No. 18218; FCC 69-61] tions be amended to include appropri­ try. It is further ordered that United TRANSITION OF SHIP AND COAST ate technical criteria that would produce States Steel Corp. begin to make good RADIOTELEGRAPH STATIONS TO the current signal levels comparable to faith efforts to divest said stock and/or NEW FREQUENCY ASSIGNMENTS that produced when emission A2 is em­ assets promptly after the effective date ployed. With regard to this latter recom­ of this order, and that it continue such Report and order. In the matter of mendation, the Commission currently efforts to the end that the divestiture amendments of Parts 2, 81, and 83—to has under consideration the matter of thereof be accomplished within one (1) establish a schedule of dates, revised antenna power necessary for compliance year. technical standards, frequencies, and with §§ 83.552 and 83.553. It would be II. It is further ordered, That, pending other requirements for the orderly tran­ premature and possibly misleading to divestiture, United States Steel Corp. not sition of ship and coast radiotelegraph amend §§ 83.552 and 83.553 to include a make any changes in any of the afore­ stations from present frequency assign­ value of equivalency for emission A2H said stock and/or assets which would im­ ments in the low, medium, and high fre- prior to resolution of the above matter. pair their present capacity for the pro­ quency„bands to new assignments within Accordingly, during the interim period it duction and sale of ready-mixed con­ allotments and/or frequency usage as will be necessary for transmitters oper­ crete, or other products produced, or their adopted by the ITU World Administra­ ated with emission A2H under the provi­ market value. tive Radio Conference on marine mat­ sions of §§ 83.552 and 83.553 to comply ters, Geneva, 1967, Docket No. 18218. with the antenna power specified for III. It is further ordered, That, in the emission A2. The procedure for deter­ aforesaid divestiture, none of the stock 1. A notice of proposed rule making in the above-captioned matter was released mining antenna power is set forth in and/or assets be sold or transferred, di­ § 83.552(e) (1) and in § 83.553(e). rectly or indirectly, to any person who on June 25, 1968, and was published in the F ederal R egister on July 3, 1968 5. Collins recommended that footnotes is at the time of divestiture an officer, be added to the appropriate bands within director, employee, or agent of, or under (FCC 68-639, 33 F.R. 9665). By order, released on July 29,1968, an extension of the allocation table of Part 2 to provide the control or direction of, United States time was granted in which to file com­ for use of 4136.1 kc/s at coast stations Steel Corp. or any of its subsidiaries or ments. In the notice, the Commission and for use of 4434.9 and 6518.0 kc/s at affiliates, or to any person who owns or proposed to amend its rules governing ship stations. Since this recommendation controls, directly or indirectly, more stations in the Maritime Services to es­ is more appropriate to the Commission s than one (1) percent of the outstanding tablish a schedule of dates, revised tech­ proceeding in Docket No. 18271, released shares of common stock of United States nical standards, frequencies, and other August 8, 1968, it wifi be treated in that Steel Corp. or any of its subsidiaries or requirements for the orderly transition docket, as will the frequencies in footnote affiliates. of ship and coast radiotelegraph stations NG27. IV. It is further ordered, That United from present frequency assignments in 6. To facilitate licensing, RCA recom­ States Steel Corp., for a period of ten the low, medium, and high frequency mended that the frequency column sym­ (10) years from the date this order bol “CS” be employed in referring totne becomes final, cease and desist from special calling channels (see the botto 1 Commissioner Elman dissented and filed would acquiring, directly or indirectly, by any an opinion. Commissioner MacIntyre did not of the Table lb, § 83.318(b)): This device or through subsidiaries or other­ participate. Commissioner Nicholson did not facilitate licensing and has been inclua wise, the whole or any part of the stock, participate for the reason oral argument was in the table. ,. share , or assets (other than heard prior to his appointment to the 7. RCA and TRT each called attention products sold in the course of business), Commission. to typographical changes which shorn FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1539 be made to several of the frequency tems. On the other hand, a similar tions. Prior to the WARC, utilization by tables. These changes have been included situation does not exist with respect to Commission licensees of the high traffic in the respective tables. radioteletype and manual radiotele­ ship radiotelegraph working - frequency 8. PFEL recommended that the pro­ graph, where each system has incom­ bands was slight, due to limitations in posed § 83.320(a) be amended to permit patible aspects relative to the other. availability. It is envisaged that the pro­ ship stations employing narrow-band 13. Eighteen frequencies are cur­ posed change will, on an evolutionary direct-printing telegraph and data trans­ rently authorized to PFEL in the 12, 16, basis, bring usage of the low traffic and mission systems to apply for two fre­ and 22 Mc/s bands. Of these, 12 are high traffic ship radiotelegraph bands quency column symbols (four families of shared on an equal basis between all of into balance. In regard to other admin­ frequencies), in lieu of one frequency the “H” frequency column symbols; and istrations, it is reasonable to expect that column symbol (two families of frequen­ three frequencies (one at each mega­ similar relaxation will be effected by cies) as proposed by the Commission. In cycle order) are allotted exclusively to many of those administrations. Thus, it support thereof PFEL states they have H8 and three are allotted exclusively to can be expected that utilization of the two vessels now equipped and six more H10. Eight frequencies are also author­ frequencies specified by symbols H8 and vessels under construction; that these ized to PFEL in the 2, 4, 6, and 8 Mc/s H10 will, in the future, suffer an in­ vessels handle a high volume of traffic bands. These frequencies, one at each creasing interference. Under these con­ and that the justification for installation megacycle order for H8 and one each ditions, it would be expected that PFEL of the radioteletype equipment was based for H10, are allotted exclusively to H8 will obtain an improved service in the on the need to handle a high volume of and H10. The degree to which the bands allocated for narrow-band direct- diversified traffic. shared channels can be employed by printing telegraph and data transmis­ 9. PFEL notes that the frequencies (of PFEL for satisfactory service will de­ sion systems, when those bands become the same megacycle order) specified- pend upon utilization of those frequen­ available for use. within one frequency column symbol are cies by other vessels. Since the shared 16. In regard to the current radio sta­ adjacent and a single source of interfer­ frequencies are common to HI through tion authorization and the frequencies ence could render both channels unus­ H ll, it would appear that disruption assigned thereunder, PFEL in their com­ able. In brief review, the spacing between would occur at frequent intervals. With ments gives no information as to the adjacent channels in the bands allocated increased use of HI through H ll in the number of frequencies actually used, for narrow-band direct-printing tele­ future, such disruption would be ex­ quantitative information as to the vol­ graph and data transmission systems, as pected to occur at even more frequent ume of traffic handled, or actual circuit provided by the WARC, is 0.5 kc/s in the intervals. On the other hand, the fre­ time required to transmit and receive 4, 6, and 8 Mc/s bands and 1.0 kc/s in the quencies allotted exclusively to H8 and that traffic. Failing this information, a 12, 16, and 22 Mc/s bands. The spacing to H10 would appear to be subject to a positive determination can not be made proposed by the Commission between the lesser degree of interference, because that frequencies in addition to those two frequencies of the same megacycle they would be available only to ships provided by each “N” frequency symbol order within one frequency column sym­ Which are assigned H8 and H10. The are required and should be provided. In bol is as follows; 5 kc/s for the 6 and number of ships assigned HI through any event, assignments are made by the 8 Mc/s bands; and 10 kc/s for the 12, 16, H7, H9, and H ll, should be many times Commission on the basis of public need, and 18 Mc/s bands. It will be noted that greater than those assigned H8 and H10. in contrast to the individual need. The this is the maximum possible separation For this reason, no particular signifi­ factors which caused PFEL to lead the which can be provided, if the spacing be­ cance is attached to the availability to way by installation aboard their fleet of tween the “A” and “B” frequencies is PFEL of these shared frequencies. equipment employing new techniques made uniform for all frequency column 14. As concerns frequencies in the will be similarly applicable to other symbols. bands 2065-2089.5 kc/s and 2092.5-2107 fleets, of U.S. and foreign registry. Thus, 10. In preparing the table of § 83.320 kc/s, availability to radiotelegraph ship it is reasonable to expect that more and (b), the Commission provided the maxi­ stations has been withdrawn, on the more ships will be equipped for use of mum separation between the “A” and basis of the pressing need for more the same or similar system (s). On the “B” frequencies of one frequency column radiotelephone frequencies and the ab­ one hand, the number of frequencies symbol in the belief that this approach sence of radiotelegraph use of frequen­ authorized for PFEL use should be ade­ offered the greatest probability of avoid­ cies in these bands. Thus, replacement quate for the proper functioning of that ing disruption of both channels due to frequencies at 2 Mc/s will not be avail­ system; on the other hand, the number interfering transmissions by a single sta­ able to PFEL. At 4 Mc/s, the number of authorized should not exceed the actual tion located, for example, midway be­ frequencies allocated to and available system needs, or be such that frequen­ tween the two channels. for narrow-band direct-printing tele­ cies áre not available for other licensees 11. In their comments PFEL concludes graph and data transmission systems desiring to use the same or similar that the number of frequencies which are less than in the bands at 6, 8, 12, 16, system. would be available to them (in the pro­ and 22 Mc/s, where 20 frequencies were 17. In the view of the Commission, the posals for the bands allotted for narrow- allocated in each band. At 4 Mc/s, 12 information submitted by PFEL does not band direct-printing telegraph and data frequencies were allocated. Thus, to justify assignment of a number of fre­ transmission systems) would be less than effect the frequency plan of § 83.320(b), quencies in excess of that provided by a -the number which they are presently two frequencies each from 6, 8, 12, 16, single frequency column symbol in the authorized to use (in the high traffic and 22 Mc/s bands were grouped with “N” series. Accordingly, the recommen­ ship radiotelegraph working frequency one frequency from the 4-megacycle dation of PFEL that § 83.320(a) be bands). On the basis of total frequencies band to form each “N” frequency col­ amended to permit assignment of two available, PFEL’s conclusion is correct. umn symbol. The two remaining 4- frequency column symbols to a licensee A conclusion based on total number of megacycle order frequencies were made is not adopted. frequencies, alone, can be and in this available to all of the “N” frequency 18. In regard to the frequency tol­ particular case is misleading. column symbols. erance to be applied to coast and ship 12. Such conclusion disregards the 15. In its notice, the Commission pro­ stations operating in the narrow-band arying degree to which differing emis- posed to delete from the rules the direct-printing telegraph and data sions can live together. Radioteletype distinction in availability of frequencies transmission systems, Collins urges the ™ io n s employing a uniform band- allocated for low traffic and those allo­ adoption of values of 20 cycles per sec­ ath and a minimum of frequency tol- cated for high traffic radiotelegraph ond for coast stations and 50 cycles per nQ^.nce ,^kis will be the case with ships (adopted in principle at the ITU second for ship stations. In support of Afreet-printing telegraph Radio Conference, Atlantic City—1947; these values, Collins points to the bene­ a j - transmission systems), can oc- expanded by the ITU Radio Conference, w L a^Lace? t channels quite satisfac- Geneva—1959; and left to the discretion fits which will accrue from their adop­ lwi +' ls basic situation which of administrations by the ITU WARC, tion and use. These benefits include the banrto f e establishment of separate Geneva—1967), and provided that these avoidance of manual methods of trans­ tei narrow-band direct-printing bands would be equally available to all mitter and receiver adjustment, tuning, telegraph and data transmission sys­ high frequency radiotelegraph ship sta- and protracted test transmissions to FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1540 RULES AND REGULATIONS establish a circuit. No opposing views First, the Commission does not agree could continue use of 200 PPM until were filed. that specific planning for the use of January 1,1973. 19. Prom the frequency management these frequencies is largely a matter of 25. In their comments, RCA urged and utilization point of view, it is a de­ conjecture. For example, pairing of fre­ that the changes in frequency tolerance sired objective to reduce to a practical quencies into families to provide for not exceed those values adopted by the minimum the number of frequencies propagation over variable and extended ITU World Administrative Radio Con­ used and the duration of transmission on distances is a long standing principle. ference on marine matters (WARC), those frequencies. While it is appropri­ That principle has been applied to avia­ Geneva, 1967. The frequency tolerances ate to look to discontinuance of the tion, marine, broadcasting, and fixed adopted by the WARC for ship stations practice of calling on manual telegraph radio services for decades. It appears operating Class A1 emissions in these channels to make arrangement for there is no alternative to doing this in bands are as follows: machine transmission on other chan­ the case of assignment of frequencies for Low traffic sh ips______200 PPM, (j). nels, followed by test transmissions and narrowband direct-printing telegraph High traffic sh ips______50 PPM, (j), (m). and data transmission systems. Further, preparatory adjustments on the machine (j) A frequency tolerance of 50 parts in frequencies, a program of that magni­ Collins submits no information to indi­ 10® shall be applicable, in the case of assign­ tude, would require both national and cate there will or should be an exception ments made after April 1, 1969, to ship sta­ international coordination, among other in this instance. tions using the lowest or highest series of things, and, therefore, is not within the 23. In regard to Collins comment that (1) calling frequencies: (2) working frequen­ scope of this proceeding. “Specific planning for the use of these cies for low traffic and high traffic ships. frequencies is * * * not based on oper­ (m) Applicable to new transmitters in­ 20. The providing and maintenance stalled after April 1, 1969. Ship station trans­ of an adequate minimum difference in ational plans that have had sufficient mitters installed before this date may con­ frequency between the coast station re­ government and industry coordination”, tinued to have a tolerance of 200 parts in ceiver and the ship station transmitter, the Commission is unable to interpret 10® until January 1, 1973 from which date all or vice versa, is an essential system ele­ this as justification for withholding high traffic ship station transmitters shall ment for optimum performance of the action. In regard to operational plan­ have a tolerance of 50 parts in 10«. narrow-band direct-printing telegraph ning for the use of these frequencies, it 26. RCA indicated changes in fre­ and data transmission system (s). In the is noted that Collins does not state there quency tolerance as adopted by the case of this system (s), the bandwidth of is need for development of operational WARC are acceptable. On the other each channel is small and the selectivity plans, that the development of such hand, AMMI gives conditional indica­ of the receiver, to reject undesired adja­ plans is in progress, or that Collins in­ tion that the arrangement for low traf­ cent channels, must be sharp. To avoid tends to urge the development of such plans. Accordingly, guidance to industry fic ships, as adopted by the WARC, is preparatory test transmissions and tim­ acceptable. Specifically, AMMI does not ing, the transmitted signal, plus devia­ appears necessary and §§ 83.320 and 83.321 are adopted as proposed. indicate that the tolerance of 50 PPM, tion, must be maintained within the re­ made applicable by WARC to the lowest ceiver selectivity and, within practical 24. In their comments, AMMI and and highest frequency of the calling fre­ limits, be centered on the discriminator RCA opposed adoption of the frequency quencies, is acceptable. Further, AMMI detector (or other detector, where used). tolerances proposed by the Commission, gives no indication that the arrangement It is appropriate, therefore, to adopt in § 83.131(b) (7) (i) and (ii), for applica­ of frequency tolerance for high traffic this proceeding a frequency tolerance tion to ship stations using class A1 ships, as adopted by WARC, is accept­ which offers reasonable promise of opti­ emission in the bands between 4,000 and able. As submitted, the AMNI com­ mum system(s) performance. Accord­ 27,500 kc/s. The current rules provide ments support continuation without ingly, a coast station tolerance of 20 that these ship stations shall conform cycles and a ship station tolerance of 50 to a frequency tolerance of 200 parts per termination of the frequency tolerance cycles per second is adopted. million (PPM), or 0.02 percent. The of 200 PPM. 21. In their comments, Collins ex­ Commission proposed this tolerance be 27. It is appropriate at this point to presses the view that it is premature to reduced to 50 parts per million (PPM), tabulate frequency tolerance versus establish a fixed assignment arrangement or 0.005 percent. As proposed, the toler­ channel spacing in the six exclusive mari­ of frequencies for narrow-band direct- ance of 50 PPM would be applicable to time frequency bands available for high all types of transmitters after January 1, traffic ships, calling band, and low traf­ printing telegraph and data transmission fic ships. For convenience the frequency systems, or to make such arrangement in 1973, and to new types of transmitters bands are rounded-off to even megacyles. proportion to manual radiotelegraph brought into service after January 1, Three frequency tolerances, expressed in frequency assignment arrangements. In 1970. Types of transmitters authorized parts per million (PPM), are shown in support of their view, Collins states: in ship stations prior to January 1, 1970, the followings table: ♦ * * Specific planning for the use of these frequencies is largely a matter of conjecture Frequency Channel Frequency Channel Frequency Channel and not based on operational plans that Mc/s tolerance® spacing tolerance® spacing tolerance® spacing have had sufficient government and indus­ 200 PPM 100 PPM 50 PPM try consideration * * *. We recommend * * * that the Commission defer this part kc/s kc/s kc/s kc/s kc/s kc/s of the proposed rulemaking, except to make 4 ______i 0.$ 0.5 ±0.4 0.5 ±0.2 0.5 ‘ provision for assignment of any of the ...... -...... ± 1.2 .75 ± .6 .75 „ ±.3 .... .75 . groups of frequencies on a case by case 8...... -...... - ± 1.6 1.0 ±.8 1.0 ±.4 1.0 ...... — ± ±1.2 1.5 ±.6 1.5 basis pending further study by interested 12 2.4 1.5 2.0 parties. Such a study, for example, could be 1 0 ______± 3.2 2.0 ±1.6 2.0 ±.8 ....".” ...... ± ±2.2 2.5 ±1.1 2.5 done within the Radio Technical Commis­ 22 4.4 2.5 sion for Marine Services, where government 28. As indicated in the table, (a) with ± 0 .4 kc/s, or 800 cps. The channel and/or industry could have sufficient time 500 cps. Similarly, to develop a sound operating plan for the a tolerance of 200 PPM: W idth is 0.5 kc/s, or assignment and use of the frequencies. —At 22 Mc/s, the ship transmitter is per­ —At 4 Mc/s, the ship station transmitter is mitted to vary within a band of ±2-2 22. In the view of the Commission, permitted to vary within a band of kc/s, or 4400 cps. The channel width is these supporting arguments of Collins ±0.8 kc/s, or 1600 cps. The channel 2.5 kc/s. width, however is only 0.5 kc/s, or 500 offer little basis for withdrawing the fre­ (c) With a tolerance of 50 PPM: quency table of § 83.320, for amending cps. Similarly, —At 22 Mc/s, the ship transmitter is permit­ —At 4 Mc/s, the ship station transmitter is § 83.321 to delete the “N” frequency ted to vary within a band of ±4.4 kc/s, permitted to' vary within a band of ±°- _ column symbols, and to add provisions, or 8800 cps; where the channel width is kc/s, or 400 cps./ The channel width is at an appropriate place, for assignment 2.5 kc/s. 0.5 kc/s. Similarly, —At 22 Mc/s, the ship transmitter is per­ of frequencies for narrow-band direct- (b) With a tolerance of 100 PPM: mitted to vary within a band printing telegraph and data transmis­ —At 4 Mc/s, the ship station transmitter is kc/s, or 2200 cps. The channel widtn is sion systems on a case by case basis. permitted to vary within a band of 2.5 kc/s.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1541 29. On the basis of the foregoing, the 30. With regard to continued applica­ could be within tolerance while oper­ percentage of ship transmitter variation tion of a frequency tolerance of 200 ating on H9, H3, HI, or H10. which is outside of the allotted channel PPM, it is appropriate to select one fre­ (b) To assure that a ship station trans­ width, for the three values of frequency quency and examine its impact upon mitting on H2 was within the pass band neighboring frequencies, under the chan­ of a radiotelegraph receiver, tuned to H2, tolerance, is shown in the following neling arrangement adopted by the the bandwidth of that receiver would table: : WARC. For example, 4173.5 kc/s, ±200 have to be such that, at 4 Mc/s, it PPM, extends from 4172.665 to 4174.335 would accept H3, H9, and part of HI and Frequency Channel Trans­ Variation tolerance Band width mitter outside kc/s. Overlaying these limits on the fre­ H10. Under these circumstances there (PPM) (Mc/s) (CPS) variation channel quency plan proposed by the Commission would be little if any incentive to de­ (CPS) for the high traffic band, it is noted: velop receiving equipment having the H2 (4173.5 kc/s) would extend through capability to receive a single WARC fre­ P ercen t H9 (4173 kc/s) and into HI (4172.5 kc/s), quency and to reject both adjacent fre­ 200...... 4 500 1600 220 22 2500 8800 212 on the low frequency side; and through H3 quencies. 100...... 4 500 800 60 (4174 kc/s) and into H10 (4174.5 kc/s), on (c) To contain ship station transmis­ 22 2500 4400 76 the high frequency side. 50...... 4 500 400 0 sions within band limits, 36 WARC fre­ 22 2500 2200 0 The positioning of these frequencies is quencies proposed in the notice could not illustrated in the following: be assigned and would have to be with­ drawn. Band 34. On the basis of the foregoing, it is edge 1|173 itl73.g U7U 147$ £ r i I l 1 apparent the Commission would be un­ 1 I I able to determine the assigned frequency 1 « ! _ j i 1 i 1 1 i on which a ship station was transmit­ l a h © u 1 i 1 H3 i I U ting, or whether that ship station was on- * s 1 o• a » 1 1 V frequency or off-frequency. Thus, the © «J HI l I H10 il i 1 «2 i - , 1 Commission would be unable to adminis­ 1i i i 1 ter the WARC agreement. Contrary 1 i 1 i 1 1 i » 1 1 thereto, however, the Commission is of 1 i L H2 Z 1 « the view that the channel spacing 1 1 1 i 1 adopted by the WARC in the high traffic » j ship, calling, and how traffic ship bands a o H9 ! u l _ r - i -4 - □ ! o*o i » — * t 1 is adequate to meet the needs of the #H N i 1 1 < I i maritime services and should be adopted. 1 i j C H3 — 1 In the view of the Commission, the 1 i i 1 i i WARC channelling arrangement cannot 1 i 1 1 i be implemented if a frequency tolerance i i 1 1 I i i 1 1 of 200 PPM is adopted. S § * 1 1 1 1 35. In their comments, RCA urged that a h p 1 i 1 1 H2 | | tj* ® xn i 1 1 the value of frequency tolerance adopted « H „ . » 1 i | J 1 1 not exceed the values adopted by the ÊSH 1 1 1 » 1 1 n is ] « WARC (see paragraph 25, above). As set forth in paragraph 29, above, in order to If we now examine the added effect cre­ PPM is applicable to the following operate on 36 of the WARC frequencies, ated (within the same general spectrum) frequencies: ship station transmitters must comply by H9 and H3, it is noted : 4172.5 1 6279.75 12,504 116,746 with a tolerance of 50 PPM on and after 4177.5 H9 would extend through HI, beyond the 6281.25 12,532.5 16,750 April 1,1969. Further, on and after Janu­ 4178.5 band edge and Into th e highest frequ en cy 6343.5 12,535.5 16,916 1 4186.5 ary 1, 1973, WARC specifies a tolerance channel (4172 kc/s) allotted for narrow-band 8342 112,559.5 22,187 4187.5 of 50 PPM for all high traffic ship station direct-printing telegraph and data transmis­ 8355 12,562.5 22,221 4229 transmitters. RCA offers no comment in sion systems, on the low frequency side; and 8357 12,687 22,225 6258.75 1 8373 16,662 22,265 through H2 and into H3, on the high fre­ regard to compliance, or lack thereof, quency side; and 6266.25 8375 16,710 22,270 with the tolerance of 50 PPM, effective 6267.75 8458 16,714 22,370 H3 would extend through H2 and into H9, April 1, 1969, which is applicable to the on the low frequency side; and through 1 CS (Special Calling frequencies) lowest and highest series of calling fre­ H10 and into H4 (4175 kc/s) on the high quencies and working frequencies for low frequency side. These frequencies, by frequency column traffic and high traffic ships. It is appro­ symbol, are positioned in the proposed priate to note that a ship station, hav­ 31. From the practical point of view, frequency tables as follows: ing the capability to comply with a toler­ a receiver having capability to receive a Frequency ance of 50 PPM at both ends of the small single radiotelegraph channel (0.5 kc/s column bands here involved, will also have the Proposed section symbols capability to comply with 50 PPM at the at 4 Mc/s) could be expected to receive 8 3 .3 4 7 (b ) ______HI, H6/ H8, H9.* ship stations transmitting on channels as 8 3 .3 1 8 ( b ) ______Cl, CS (Special intermediate f requencies. follows, with the receiver timed as C allin g ), C9.1 36. In their comments, RCA, in refer­ indicated: 83.319(b) 2 ______L29,1 L30,1 L34, ence to WARC Recommendation No. L41,1 L42. MAR 7, states “* * * It is undesirable n . Ship stations , 122 Mc/s only. and burdensome to require large-scale cewer tuned to ^transmitting on 2 G roup “B ” only. replacement of crystals and modification * (4172.5 kc/s)------HI, H9, and p art of H2; 33. In examining the information set or replacement of a large amount of ship «9 (4173 kc/s)...... H9, HI, H2, and p art forth in paragraphs 27, 28, and 29, above, transmitting equipment by January 1, ' , of H3; it is apparent that with a frequency tol­ 1973, as proposed by the Commission H2 (4173-6 kc/s)...... H2, H9, H3, and p art erance of 200 PPM, once the WARC when there is a strong likelihood that »o of HI and H10; channel spacing comes into force: additional changes will be necessary pur­ 3 (4174 kc/s)------H3, H2, H10, and (a) A ship station assigned, for exam­suant to actions taken by the next ap­ part of H9 and H4. propriate WARC.” ple, HI, H9, or H8 in the 4 Mc/s band, 37. In regard to changing of crystals, 32. in the case of assignments to ship could be within tolerance while operating it is apparent that as a result of the band rations made after April l, 1969, as on a frequency which is outside the (high adjustments and channel splitting opted by the WARC, a tolerance of 50 traffic) band; or a ship station assigned adopted by the WARC, the frequencies

Rq. 21----- g, FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1542 RULES AND REGULATIONS which will become available will differ by ship stations will make it desirable to two others. As a practical matter, the from those currently available. In the modify the provisions for low traffic ships of ships on these channels could be lumped frequency tables of §§ 83.317(b), 83.318 Nos. 1196 to 1201 of the Radio Regulations, into a narrow band. Under that condi­ (b), and 83.319(b), the current frequen­ in order to allow more flexibility in the tion, the number of ships could substan­ cy is shown in the “until” column and the choice Of actual working frequencies. tially exceed the number which would be replacement frequency is shown in the 40. The substance of Recommendation observed if they were required to oper­ “after” column. The amount of differ­ No. MAR 7 is directed to long-range ate on a specified assigned frequency, ence (change within each of the various planning for the next generation of ship with a tolerance of 50 PPM, and their frequency column symbols) can be as­ board radiotelegraph equipment. It was number distributed through the band. certained by a comparison of these two not the intent of WARC that Recom­ 43. The “Ship Radiotelgraph Fre­ columns. The percentage of change, i.e., mendation No. MAR 7 be used as a basis quency Plan” is set forth in § 83.321. The one or more frequencies changed within for not implementing the channel spac­ objective of that plan is to provide order a frequency column symbol, is tabulated ing or replacement frequencies provided in the use of the available frequencies by by megacycle order for each of the high by that Conference. It is not possible, at assigning ships to specific frequencies as traffic, calling, and low traffic bands, as this time, to forecast the year during a means of distributing the communi­ follows: which “the next World Administrative cations load throughout the bands, and Radio Conference competent tp deal High traffic bands: thereby, to reduce the probability of Frequency band (Mc/s) : 4, 6, 8, 12, 16, with the matters”, set forth under para­ bunching of ship stations on a few fre­ 22,. graph 1 of the recommendation, will be quencies, with consequent congestion. Percent change (% ): 36, 70, 57,1 40,2 32,3 convened. Based on the spacing between Under this plan, with a frequency tol­ 28/ earlier such conferences, however, a erance of 200 PPM, ships served by RCA Calling bands: period of 8 years would be expected. would be intermingled with s h ip s Frequency band (Mc/s) : 4, 6, 8, 12, 16, Thus, the next competent conference served by IT&T, TRT, et al, and vice 22. could be held around 1975, In the view versa. It is, thus, apparent that the or­ Percent change (% ): 52,5 52/ 52/ 52/ 52/ of the Commission, a delay of such mag­ 52/ derly use of the available frequencies Low traffic bands: nitude in implementing the WARC chan­ provided by § 83.321 would be defeated. Frequency band (Mc/s): 4, 6, 8, 12, 16, nel spacing and replacement frequencies 44. Based on the foregoing considerar 22. has not been justified. tions, the Commission is adopting the Percent change (% ): 15, 24.5, 24.5, 24.5, 41. RCA states that it is essential to amendments to the frequency tolerance 24.5, 68. retain a frequency tolerance of 200 PPM tables of Parts 81 and 83 as set forth in 38. Prom the foregoing, with no change in order to preserve the random distri­ the notice. The recommendations of in the value of frequency tolerance spec­ bution of signals around each assigned AMMI and RCA, that a tolerance of 200 ified in the Commission’s rules, it will be frequency. With this distribution the PPM be continued without termination necessary to replace a substantial num­ coast station operator, by use of the is rejected. ber of crystals aboard ship in order to beat-frequency oscillator in the receiver, 45. An application for modification operate on the revised frequencies adopt­ varies the tone of the audio signal pro­ submitted solely for a frequency change ed by the WARC. It is noted, however, duced at the receiver output as a means that is necessary to comply with any rule that a relatively small number Of ships of separating tranmissions of the desired amendments adopted as a result of this are authorized for radiotelegraph opera­ ship station from transmissions by other, proceeding may be submitted without a tion, approximately 1,800 vessels. In view or undesired ship stations. The technique fee. thereof, the Commission is not persuaded referred to by RCA has been used in 46. In view of the foregoing: It is that compliance with a tolerance of 50 manual radiotelegraph operation for ordered, That, pursuant to the authority PPM is either undesirable or burden­ many decades. The question here is not contained in sections 4(i) and 303 (c), some. whether this technique should be con­ (e), and (r) of the Communications Act 39. Turning now to Recommendation tinued, which it certainly must, but of 1934, as amended, Parts 2, 81, and 83 No. MAR 7, which is entitled “Relating whether this technique can be success­ of the Commission’s rules are amended to Harmonic Relationship and Channel fully applied if ship stations are operated effective March 7, 1969, as set forth Spacing in the High Frequency Bands with a tolerance of 50 PPM. Beat- below. used by Ship Stations for Radioteleg­ frequency oscillators commonly operate 47. It is further ordered, That the pro­ raphy”, that Recommendation consid­ at the second/late intermediate fre­ ceeding in Docket No. 18218 is termi­ ers the need for maximum efficiency in quency (IF) and are injected into the nated. use of the HP spectrum, new develop­ final detector of the receiver. The differ­ ence or beat frequency is that produced (Secs. 4, 303, 48 Stat., as amended 1066,1082; ments (frequency synthesizers), tenta­ by the difference between the incoming 47 U.S.C. 154, 303) tively accepts that use of harmonically signal at the (last) IP frequency and the related frequencies may hinder fullest beat-frequency oscillator. In the detec­ Adopted: January 22,1969. future use of the bands, recognizes that Released: January 28,1969. replacement of present equipment may tion process, the radio frequency is require a period of 20 years; the recom­ removed and the difference frequency, F ederal C ommunications mendation states: at audio, is produced at the output. The Commission,1 difference frequency may be varied by the t seal 1 B en P. W aple, 1. That administrations should study, in operator by adjustment of the frequency Secretary. the light of advancing techniques, the prob­ of the beat-frequency oscillator. If two lems relating to future use of harmonic ship station transmissions enter the re­ PART 2— FREQUENCY ALLOCATIONS relationship in ships’ radio equipment and AND RADIO TREATY MATTERS: to the determination of the optimum chan­ ceiver IP separated by 100 cycles per nel spacing and the number of channels in second, they will also be 100 cps apart at GENERAL RULES AND REGULA­ the bands allocated for calling and for high the receiver audio output. A difference of TIONS and low traffic ships, as indicated in Ap­ 100 cps may be adequate for ¡satisfactory pendix 15 to the Radio Regulations, and reception by the operator. If not, by § 2.106 [Amended] should submit their proposals lor consid­ varying the beat-frequency oscillator, eration by the next World Administrative 1. In § 2.106, Footnote 171 is deleted in Radio Conference competent to deal with advantage can be taken of the receiver Column 4 from the 130-160 kc/s fre­ the matter; audio response, headphone resonances, quency band, the entries in Column 7-11 2. That administrations should consider or disparities in operator hearing to for the 130-160, 2065-2107, 4063-4438, whether the use of synthesized transmitters obtain a preferred status for the desired 6200-6525, 8195-8815, 12,330-13,200, signal and, thus, to separate it from 16,460-17,360, 22,000-22,720 kc/s bands 1 Does not include 3 new frequencies. other (undesired) transmissions. are amended to read as follows: 2 Does not include 6 new frequencies. 42. In the example set forth in para­ 3 Does not include 14 new frequencies. ♦Does not include 8 new frequencies. graph 27, above, with a tolerance of 200 1 Commissioners Wadsworth and H. B Includes the OS (Special Calling) PPM, ship stations may be operating on Lee absent; Commissioner Johnson concu - frequencies. any one of three channels plus parts of ring in the result.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 F ederal C ommunications C ommission F ed eral. C ommunications C o m m is s io n — Continued

Fre­ Nature/OF SEE VICES Fre­ Nature/OF SEBVICES Band (kc/s)i Service Class of station quency .Nature^ stations Band (kc/s) Service Class of station quency jn ature|of stations (kc/s) (kc/s) 7 8 9 10 11 7 8 9 10 11

* * ♦ * * * * * * * * * * * * 6216.5-6244.5 MABITIME Ship. Ship (wide-band telegraphy, facsimile, and special MOBILE. transmission systems). (NG25) 130-160 FIXED. Coast. FIXED (in Alaska). MABITIME Fixed. INTE BNATIONAL FIXED MOBILE. . Ship. PUBLIC. 6244.5-6248 MABITIME Ship: Ship. Buoy. Interrogating Coast. (Oceanographic MABITIME MOBILE. MOBILE. Buoy: data transmission). Interrogating * * ♦ ♦ * * * * * * * * * m * Coast. 2065-2089.5 MABITIME Coast. MABITIME (200) MOBILE. Ship. MOBILE. 6248-6258.25 MABITIME Ship. Ship (narrow-band direct-printing telegraph and MOBILE. data transmission systems). 2089.5-2092.5 MABITIME Ship. Ship (telegraphy). MOBILE. 6258.25-6345.5 m a b i t i 'm e Ship. Ship (telegraphy). 2092.5-2107 MABITIME Coast. MABITIME MOBILE. \ (200) MOBILE. Ship. MOBILE. 6345.5-6514 MABITIME Coast. Coast (wide-band and manual telegraphy, facsimile, * * ♦ MOBILE. special and data transmission systems and direct- * * * * * * * * * * * * printing telegraph systems). (NG27) 4063-4139.5 MABITIME Ship. Ship (telephony). 6514-6525 MABITIME Coast. Coast (telephony). MOBILE. (NG29) MOBILE. REGULATIONS AND RULES 4139.5-4142.5 MABITIME Ship. Ship. Coast, (telephony, simplex). * * * * * * * * * * * * * * * (TJS82) MOBILE. Coast. 8195-8281.2 MABITIME Ship. Ship (telephony). 4142.5-4162.5 MABITIME Ship. Ship (wideband telegraphy, facsimile, and special MOBILE. (NG29) MOBILE. transmission systems). 8281.2-8288 MABITIME Ship. Ship. Coast, (telephony, simplex). 4162.5-4166 MABITIME Ship. Ship. Buoy. Interrogating Coast. (Oceanographic (US82) MOBILE. Coast. MOBILE. Buoy. data transmission). Interrogating 8288-8328 MABITIME Ship. Ship (wide-band telegraphy, facsimile, and special Coast. MOBILE. transmission systems). 8328-8331.5 MABITIME Ship. Ship. Buoy. Interrogating Coast. (Oceanographic 4166-4172.25 MABITIME Ship. Ship (narrow-band direct-printing telegraph and MOBILE. Buoy. data transmission). MOBILE. i data transmission systems). Interrogating Coast. 4172.25-4231 MABITIME . Ship. Ship (telegraphy). 8331.5-8341.75 MABITIME Ship. Ship (narrow-band direct-printing telegraph and MOBILE. MOBILE. data transmission systems). 8341.75-8459.5 MABITIME Ship. Ship (telegraphy). 4231-4361 MABITIME Coast. Coast (wide-band and manual telegraphy, fac­ MOBILE. MOBILE. simile, special and data transmission systems and direct-printing telegraph systems). 8459.5-8728.5 MABITIME Coast. Coast (wide-band and manual telegraphy, facsimile, MOBILE. special and data transmission systems and direct- printing telegraph systems). 4361-4438 MABITIME Coast. Coast (telephony). MOBILE. (NG29) 8728.5-8815 MABITIME Coast. Coast (telephony). MOBILE. . * * * . . . * * * * * * * ♦ * * * * • * * * * * * * * * * * 12330-12421 MABITIME Ship (telephony). 6200-6210.4 MABITIME Ship. Ship (telephony). MOBILE. Ship. MOBILE. 12421-12431.5 MABITIME Ship. Ship. Coast, (telephony, simplex). (US82) MOBILE. Coast. 6210.4-6216.5 MABITIME Ship. Ship. Coast, (telephony, simplex). (US82) MOBILE. Coast. 12431.5- MABITIME Ship. Ship (wideband telegraphy, facsimile, and special 12479.5 MOBILE. transmission systems). 12479.5- MABITIME Ship. Ship. Buoy. Interrogating Coast. (Oceanographic 12483 MOBILE. Buoy: data transmission). Interrogating Coast. 12483- MABITIME 12503.25 MOBILE. Ship. Ship (narrow-band direct-printing telegraph and data transmission system). 1543

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1544 RULES AND REGULATIONS

F ederal Communications Co m mission— Continued phony, with peak envelope power not to ex­ ceed 1 kw ). Band (kc/s) Service Class of station Fre­ ■> OF SERVICES quency Nature (of stations (kc/s) PART 81— STATIONS ON LAND IN 7 8 9 10 1 1 MARITIME SERVICES B. Part 81, Stations on Land in the 12503.25- MARITIME Ship. Ship (telegraphy). Maritime Services, is amended as fol­ 12689 MOBILE. lows: deso­ MARITIME Coast. Coast (wide-band and manual telegraphy, fac­ 1. In § 81.131, subparagraph (3) of lalo?. 5 MOBILE. simile, special and data transmission systems and paragraph (b) is amended to read as direct-printing telegraph systems). follows: 13107.5- MARITIME Coast. Coast (telephony). 13200 MOBILE. § 81-131 Authorized frequency toler­ ance. * * * * ♦ • * ♦ * ♦ ♦ * . . . 4e 4c 4c 4c 4c 16460- MARITIME Ship. Ship (telephony). (b) * * * 16565 MOBILE. (3) From 4000 to 27,500 kc/s: 16565- MARITIME Slip. Ship. Coast, (telephony, simplex). (i) For A3 A, A3B, A3H, and A3J 16576 MOBILE. Coast. em issions ______20 c/s (T7S82) (il) For narrow-band direct- 16576- MARITIME Ship. Ship (wideband telegraphy, facsimile, and special printing telegraph and data 16636.5 MOBILE. transmission systems). transmission systems------40 c/s 16636.5- MARITIME Ship. Ship. Buoy. Interrogating Coast. (Oceanographic (Hi) For other than (1) and (ii), 16640 MOBILE. Buoy. data transmission). a b o v e ______15 Interrogating * * * * * Coast. 2. In § 81.133, the headnote and the 16640- MARITIME Ship. Ship (narrow-hand direct-printing telegraph and 16660.5 MOBILE. data transmission systems). table in paragraph (a) are amended to read as follows: 16660.5- MARITIME Ship. Ship (telegraphy). § 81.133 Authorized bandwidth. 16917.6 MOBILE. (a) * * * 16917-5- MARITIME Coast. Coast (wide-band and manual telegraphy, fac­ 17255 MOBILE. simile, special and data transmission systems and direct-printing telegraph systems). Authorized Class of emission Emission designator bandwidth 17256-17360 MARITIME Coast. Coast (telephony). (kc/s) MOBILE. * * # » # * * * * * * * * * * A l...... 0.16A1-...... 0.3 A2 ...... 2.66A2...... 2.8 8.0 22000-22094.5 MARITIME Ship. Ship (telephony). A3...... - . 6 A3...... MOBILE. A3A...... 2.8 A3 A...... 3.5 A3B...... 5.6A3B...... 7.0 A3H...... 2.8A3H_____ 3.5 22094.6-22112 MARITIME Ship. Ship. Coast, (telephony, simplex). 3.5 (US82) MOBILE. Coast. A3J...... 2.8A3J___... FI...... 0.3F1 ‘_____ 1.5 *20.0 22112-22160.5 MARITIME Ship. Ship (wideband telegraphy, facsimile, and special F3-...... 16F3 2___ —. F3...... - . 36F3 8-...... - >40.0 MOBILE. transmission systems). pn m ___ m ___ (o ______— 22160.5-22164 MARITIME Ship. Ship. Buqy. Interrogating Coast. (Oceanographic MOBILE. Buoy. data transmission). Interrogating 1 Narrow-band Direct-printing Telegraph and Data Transmission Systems. Coast. 2 Applicable when maximum authorized frequency deviation is 5 kc/s. See paragraph (c) of this section. 22164-22184.5 MARITIME Ship. Ship (narrow-hand direct-printing telegraph and 8 Applicable when maximum authorized frequency MOBILE. data transmission systems). deviation is 15 kc/s. See paragraph (c) of this section. 22184.5-22374 MARITIME Ship. Ship (telegraphy). 1 Variable. MOBILE. • * • * ’ * 22374-22624.5 MARITIME Coast. Coast (wide-band and manual telegraphy, fac­ 3. Add a new § 81.143 to Subpart E, to MOBILE. simile, special and data transmission systems and direct-printing telegraph systems). read as follows: 22624.5-22720 MARITIME Coast. Coast (telephony). § 81.143 Narrow-hand direct printing MOBILE. radiotelegraph equipment. ♦ ♦ * * * Radiotelegraph equipment operating on frequencies in the band 4-23 Mc/s al­ 2. In § 2.106, footnotes to the table,A3J emission and to a peak envelope power lotted for narrow-band direct-printing Geneva footnotes, number (171) is de­ not exceeding 1 kw. Preferably, the following carrier frequencies should be used: 2065.0 radiotelegraph and data transmission leted; and numbers (158), (167), and kc/s, 2079 kc/s, 2082.5 kc/s, 2086.0 kc/s, systems shall fulfill the following con­ 200 ( ) are amended to read as follows: 2093.0 kc/s, 2096.5 kc/s, 2100.0 kc/s, 2103.5 ditions: ***** kc/s. (a) Be capable of transmission and (158) Limited to coast telegraph stations 3. In § 2.106, footnotes to the table,reception of signals conforming to the (A1 and FI only). Exceptionally, the use of International Alphabet Code No. 2 at a class A7J emission is permissible subject to U.S. footnotes, US14 and US82 are the necessary bandwidth not exceeding that amended to read as follows: modulation rate of 50 bauds and shau normally used for class A1 or FI emissions in ***** provide similar signals at its output ior the bands concerned. US14 This frequency band is not available extension to the public telegraph net­ ***** to non-Government stations except that the work; (167) Only classes A1 or FI, A4 or F4 emis­ frequency 512 kc/s is available for use by (b) The modulation rate over the sions are authorized in the band 90-160 kc/s non-Goverament ship telegraph stations, as a radio path shall not exceed 100 bauds, for stations of the fixed and maritime mobile working frequency. When 500 kc/s is being services. Exceptionally, class A7J emission is used for distress purposes, ship and coast and , also authorized in the band 90-160 kc/s for stations may use 512 kc/s for calling. (c) Class FI emission shall be used, stations of the maritime mobile service. * 4c * * * with a total frequency shift of 170 cycles 4c * * * ♦ US82 The assignable frequencies in this per second. (200) In Region 2, except in Greenland, bajid may be authorized on a shared non­ ‘ 4. In § 81.190, paragraph (a) is amend­ coast stations and ship stations using radio- priority basis to Government and non-Gov- telephony shall be limited to class A3A or ernment ship and coast stations (SSB tele­ ed to read as follows;

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAYr JANUARY 31, 1969 RULES AND REGULATIONS 1545 § 81.190 Radiotelegraph watch hy coast time. The safety watch maintained shall by the calling ship station, the coast sta­ stations. be efficient for classes Al, A2, and A2H tion may reply on 512 kc/s. Under these (a) All coast stations (public and emissions. For this purpose, either head­ circumstances, coast stations may also limited) licensed to use telegraphy on phones or loudspeaker may be used, on use 512 kc/s as a calling frequency, how­ frequencies within the band 405-535 kc/s condition that use of the loudspeaker is ever, transmissions on 512 kc/s shall be shall; during their hours of service, take not less effective than use of headphones. limited to the minimum necessary to es­ the necessary measures to insure an While maintaining this watch, the op­ tablish communications and to shift to efficient safety watch by a duly licensed erator shall not use or operate any radio its working frequency. equipment (such as, for examples, broad­ * * * * * radiotelegraph operator on the inter­ cast receivers, or amateur transmitters national distress frequency 500 kc/s for or receivers) not actually required in three minutes twice each hour, beginning connection with maritime mobile service. PART 83— STATIONS ON SHIPBOARD at x h. 15 and x h. 45 Greenwich mean * ♦ * * * IN MARITIME SERVICES C. Part 83r Stations on Shipboard in § 81.206 [Amended] the Maritime Services, is amended as 5. In § 81.206, the tabulation of frequencies following paragraph (a) is amended follows: to read as follows: 1. In § 83.105, the headnote and para­ graph (a) are amended to read as Area 90-160 415-525 2 Mc/s 4 Mc/s 6 Mc/s 8 Mc/s 12 Mc/s 16 Mc/s 22 Mc/s follows: (kc/s) (kc/s) § 83.105 Required channels for radio­ North Atlantic...... 112.85 418 2036 *4238 * 6351.5 8502 12745.5 « 16933.2 22407 telegraphy. 124.05 436 2040.5 4268 6376 8514 12925.5 16968.8 22485 130.35 442 2046.5 4331 6414.5 8586 12948.0 16973.6 22503 (a) Each ship station using teleg­ 132.10 460 2051 4343 6418 8610 12961.5 16997, 6 22521 134.55 472 2054 4346 6502 8630 12997. 5 17021.6 22599 raphy on frequencies within the band 137.00 476 2060 *4367 6505.5 8658 13020.0 17093.6 22617 405-535 kc/s shall be capable of: 482 . 6512.5 8686 13024.5 17242.4 146,80 *500 * 6519.5 . 13033.5 » 17271.2 (1) Transmitting class A2 or A2H 147.50 *512 13060.5 emission and receiving classes A2 and Central Atlantic______428 2063 4346 6484.5 8502 12885.0 2 500 A2H emissions with a carrier frequency *512 of 500 kc/s. South Atlantic...... 137.70 434 2039 4250 6389.65 8486 12952.5 » 16918.8 22431 464 2043.5 4292 6407.5 8525 12970. 5 17093.6 22503 (2) Transmitting, in addition, class 472 2051 4295 6411 8686 13011.0 17160.8 22569 Al and either A2 or A2H emissions on at 488 2057 8722 13078.5 17170.4 2 500 17199.2 least two working frequencies. *512 7 17256.8 (3) Receiving, in addition, classes Al, North Pacific...... 482 2058.5 4349 6411 8582 12907.5 17007.2 22539 488 2063 8658 12916.5 A2, and A2H emissions on all other fre­ 2 500 quencies necessary for their service. *512 Central Pacific___ : _ ...... 126.25 426 2037.5 4247 *6348 8558 » 12695.5 17016.8 22425 (4) When a radiotelegraph installa­ 436 2045 4274 6365.5 8618 12808.6 17026.0 22479 tion is compulsorily fitted for safety pur­ 147.85 460 2061.5 4358 6477.5 8642 12844.5 17088.8 22515 476 . 6488 8714 13002.0 17184.8 22557 poses, a fourth frequency within this *500 . 8 6516 . » 13114.5 *512 13033.5 band which is authorized specifically for South Pacific ...... 418 2049.5 *4238 10 6355 8590 »» 12691 17064.8 22413 direction finding must be provided also. 464 2055.5 4283 6463.5 8606 12912 17088.8 22467 482 . *4367 »»6523 8642 12993 17218.4 * * * * • 2 500 . - 13033.5 * 512 »» 13110 2. In § 83.131, subparagraph (7) of Gulf of Mexico______...... 153.0 416 2042 4256 6369 U8473 »« 12704.5 »16918.8 22431 420 2048 4274 6435.5 8550 12826.5 17117.6 22467 paragraph (b) is amended to read as 434 2049.5 4310 6446 8570 12840 17170.4 22569 438 2052.6 4322 6495 8666 13038 17172.4 follows: 478 2055.5 8714 13051.5 17208.8 484 2063 8722 13078.5 717256.8 § 83.131 Authorized frequency toler­ 2 500 1*8742 » 13123.5 *612 ance. Great Lakes. 482 4316 6474 8534 .. ***** 2 500 *512 (b ) * * * Hawaii...... 484 2052.5 4295 6407.5 8542 13029 16978.4 22509 2 500 *512 (7) Stations when- using frequencies within Puerto Rico. 153.0 486 2052.5 4244 . 8726 13119 the band 4000-27,500 kc/s: 2 500 (i) Ship stations using Al *512 em ission 1 ______50 (ii) Ship stations using fre­ * [Reserved]. 2 Calling and distress frequency. quencies allotted for nar­ 4 calling frequency when 600 kc/s is being used for distress communication, row-band direct-printing i , quency 4367 kc/s; replacement frequency 4238 kc/s; see 14. telegraph and data trans­ « r-CQQCUCy 6519.5 kc/s; replacement frequency 6351.5 kc/s; see 14. m ission system ______50 c/s 7 + Jrequency 17271.2 kc/s; replacement frequency 16933.2 kc/s; see 14. (iii) Ship stations using A3 A, » pS«Î frequency 17256.8 kc/s; replacement frequency 16918.8 kc/s; see 14. « pïîeenî frequency 6516 kc/s; replacement frequency 6348 kc/s; see 14. A3B, A3H, or A3J emissions. 50 c/s îo p,fS^vïequency 13114-5 kc/s; replacement frequency 12695.5 kc/s; see 14. (iv) Ship stations using emis­ u frequency 6523 kc/s; replacement frequency 6355 kc/s; see 14. sions other than (i), (ii), « Precept frequency 13110 kc/s; replacement frequency 12691 kc/s; see 14. or (iii), above_____^______50 » pÎpqînt frequency 8742 kc/s; replacement frequency 8473 kc/s; see 14. * Thp rpiifIp?Uen^ i 3123'5 kc/s; replacement frequency 12704.5 kc/s; see 14. (v) Survival craft stations on 1970- thn Æ eTv.nt frequency is available on Feb. 2, 1970; the present frequency is discontinued on February 28. 8364 kc/s______200 , ue snut to the replacement frequency shall be made during the period Feb. 2, 1970 to Feb. 28, 1970. 1 The tolerance shown in the table is ap­ 6. In § 81.207, add a new subparagraph shall normally reply on its working fre­ plicable to all types of transmitters after 4) to paragraph (a) to read as follows: Jan. 1, 1973, and to new types of transmit­ quency to a ship station call made on the ters brought into service after Jan. 1, 1970. § 81.207 Frequencies for call and reply. supplementary calling frequency 512 Types of transmitters authorized in ship (a) * kc/s,1 however, when requested to do so stations prior to Jan. 1, 1970, may continue with a tolerance of 200 parts in 10« until Jan. 1,1973. being frequency 500 kc/s is 1 Available for assignment to ship and coast s used for distress, the coast station statio n s on A pr. l, 1969. * * * • *

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1546 RULES AND REGULATIONS

3. In § 83.133, the headnote and the § 83.315 Authorized frequencies. (b) 405-535 kc/s: table in paragraph (a) are amended to (a) The tables in §§83.316, 83.317, k c/ s k c/ s read as follows: 83.318, 83.319, 83.320, and 83.321, indi­ * 410 468 cate the carrier frequencies, except for 425 480 §83.133 Authorized bandwidth. 1444 500 Calling § 83.320 which indicates assigned fre­ 1 448 and distre (a) * * * quencies, which when authorized by 454 1 512 station license, may be used by ship sta­ i Subject to the special conditions and Authorized tions employing radiotelegraphy for com­ limitations set forth in paragraph (c) of this Class of emission Emission designator bandwidth munication with ship or coast stations section. (kc/s) (public or limited). The assigned fre­ (c) (1) Except for distress communi­ quencies of § 83.320 are midway between cation, the frequency 444 kc/s is for com­ A l...... 0.16A1 ...... 0.3 the minimum and maximum values of A2...... 2.66A2...... i ...... 2.8 instantaneous frequency. munication with US. Government sta­ A3...... 6A3...... 8.0 (b) Frequencies in the bands between tions only. Its use is subject to the con­ A3A__...... 2.8 A3 A...... ,3.5 dition that harmful interference is not A3B...... 5.6A3B...... '7.0 2 and 23 Mc/s assigned in accordance A3H...... 2.8A3H...... 3.5 with this section to a station on a par­ caused to the service of any coast A3J...... 2.8A3J...... 3.3 station. FI...... 0.3F11...... ‘ 0.5 ticular vessel, may be retained at the F3...... 16F3*______*20.0 option of the applicant despite subse­ (2) The frequency 410 kc/s may be F3...... 36F3a...... *40.0 used for radiodetermination and for PO...... quent relicensing of the station to a - (*)...... (‘) different licensee. communication by radiotelegraph with direction finding stations concerning (c) Frequencies available for assign­ 1 Narrow-band Direct-printing Telegraph and Data radiodetermination. Transmission Systems. ment in the bands between 2 and 23 (3) The frequency 512 kc/s may be * Applicable when maximum authorized frequency Mc/s are designated in the ship radio­ deviation is 6 kc/s. Bee paragraph (c) of this section. used by ship stations: 3 Applicable when maximum authorized frequency telegraph frequency plan appearing in deviation is 15 kc/s. See paragraph (c) of this section. Table 2 of § 83.321. Table 2 of § 83.321 (i) As a supplementary calling fre­ * Variable. quency when 500 kc/s is being used for provides appropriate cross-reference, by distress purposes; * * • * * symbol, to the applicable table and, in turn, to a specific series of frequencies: (ii) As a working frequency, except in 4. Add a new § 83.143, to read as (1) Table la, § 83.317—High traffic those areas where it is in use as a supple­ follows: ship radiotelegraph working frequencies. mentary calling frequency when 500 kc/s (2) Table lb, § 83.318—Ship radiotele­ is being used for distress purposes. § 83.143 Narrow-band direct •printing graph calling frequencies. radiotelegraphy equipment. (3) Table lc, § 83.319—Low traffic ship (4) The frequency 512 kc/s will Radiotelegraph equipment operating radiotelegraph working frequencies. replace 448 kc/s. 512 kc/s is available on on frequencies in the band 4-23 Mc/s (4) "Fable Id, § 83.320—Ship radiotele­ March 7, 1969. 448 kc/s will not be avail­ allotted for narrow-band direct-printing graph working frequencies—narrow- able after July 1, 1970. radiotelegraph and data transmission band direct-printing telegraph and data § 83.317 High traffic ship radiotelegraph transmission systems. working frequencies. systems shall fulfill the following con­ (d) The frequencies 4186.5, 6279.75, ditions: 8373,12559.5, 16746, and 22262.5 kc/s are (a) High traffic ship radiotelegraph (a) Be capable of transmission and special ship station calling frequencies working frequencies in the bands be­ reception of signals conforming to the and shall be used only for calling those tween 4 and 23 Mc/s are set forth in coast stations which maintain, during Table la. Application may be made for International Alphabet Code No. 2 at a their hours of service, a continuous watch modulation rate of 50 bauds; two high traffic ship working frequency on these frequencies. These special call­ column symbols from the “H” series, (b) The modulation rate over the ing frequencies may be used by ship stations which have been authorized use which Includes one or more frequencies radio path shall not exceed 100 bauds; of frequencies in accordance with in each of the 4, 6, 8, 12, 16, and 22 and § 83.318. Mc/s bands. If more than two symbols of (c) Class PI emission shall be used, § 83.316 Frequencies in the hands 90— the “H” series are allocated for a par­ with a total frequency shift of 170 cycles 160 kc/s and 405—535 kc/s available ticular licensee, the frequency symbols per second. to ship stations for radiotelegraph/. should be applied for in rotation for suc­ § 83.222 [Deleted!

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATtONS 1547

T able 1a —High T raffic Ship R adiotelegraph W orking F requencies (kc/s)

Mc/s 6 Mc/s 8 Mc/s 12 MC/s 16 Mc/s 22 Mc/s Sym­ Available— Available— Available— Available— Available— Available— bol Until After Until After Until After Until After Until After Until After 0-30-69 3-7-69 6-30-69 3-7-69 6-30-69 3-7-69 6-30-69 3-7-69 6-30-69 3-7-69 6-30-69 3-7-69

16662 12505.5 16674 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22189 HI...... 4161 4172.5 6241.5 6258.75 8322 8345 12483 12517.5 16644 16690 22157 22215 16662 12505.5 16674 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22191 H2___ 4162.6 4173.5 6243.75 6260.25 8325 8347 12487.5 12520.5 16650 16694 22163 22219 16666 12511.5 16682 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22195 H3.___ 4164 4174 6346 6261 8328 8348 12492 12522 16656 16696 22169 22219 16670 12604 16672 8342 12513 16626 16684 8343. 12474 12514.5 16632 16686 8344 12478.6 12516 16638 16688 22151 22197 H4___ 4165.6 4175 6248.25 6262.5 8311 8350 12496.5 12525 16662 16700 22176 22209 16668 12507 16676 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22201 H8.___ 4167 4175.5 6250.5 6263.25 8334 8351 12501 12526.5 16668 16702 22181 22213 16662 12505.5 16674 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22215 HO.___ 4168.5 4176.5 6252.75 6264.75 8337 8353 12505.5 12529.5 16674 16706 22187 22187 16664 12510 16680 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22207 H7.. 4170 4177 6255 6265.5 8340 8354 12510 12531 16680 16708 22193 22193 16666 12511.5 16682 8342 12513 16626 16684 8343 12474 12514.6 16632 16686 8344 12478.5 12516 16638 16688 22151 22213 H8.___ 4171.5 4177.5 6257.25 6266.25 8343 8355 12514.5 12532.5 16686 16710 22199 22199 16670 12504 16672 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22221 H 9„... 4173 4173 6259.5 6259.5 8346 8346 12519 12519 16692 16692 22205 22205 16668 12507 16676 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16668 22151 22221 H10__ 4174.5 4174.5 6261.75 6261.75 8349 8349 12523.5 12523.5 16698 16698 22211 22211 16662 12508.5 16678 8342 12513 16626 16684 8343 12474 12514.5 16632 16686 8344 12478.5 12516 16638 16688 22151 22203 HU.... 4176 4176 6264 6264 8352 8352 12528 12528 16704 16704 22217 22217 § 83.318 Ship radiotelegraph calling also included in frequency column sym­ frequencies. bols “C2B” through “C7B”. If more than (a) Ship radiotelegraph calling fre­one symbol of the “C” series is allocated quencies in the bands between 2 and 23 for a particular licensee, the general Mc/s are set forth in Table lb. Applica­ principle to follow is to apply for the tion may be made for one calling first vessel under the first symbol, the frequency column symbol from the “C” second symbol for the second vessel, etc., series, which Includes one frequency in until the allocated symbols are ex­ each of the 4, 6, 8, 12, 16, and 22««Mc/s hausted. The procedure is then repeated, bands. One 2 Mc/s calling frequency is beginning again with the first symbol.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1548 RULES AND REGULATIONS

T able 1 b—S hip Radiotelegraph Calling F requencies (k c /s )

2 Mc/s 4 Mc/s 6 Mc/s 8Mc/s 12 Mc/te 16Mc/s 22 Mc/s Available— Available— Available— Available— Available— Available— Available— Sym Until After TJntil After Until After Until After Until After Until After Until After 7-1-69 7-1-69 7-1-70 7-1-60 7-1-70 7-1-69 7-1-70 7-1-69 7-1-70 7-1-69 7-1-70 7-1-69 7-1-70 7-1-69

C l ...... 2089 . 4178 4178.5 6267 6267. 75 8356 8357 12534 12535.5 16712 16714 22225 22225 C2A...... ___ 2089.6 . 4179 4179 6268.5 6268.5 8358 8358 12537 12537 16716 16716 22230 22230 B...... 2089. 76 4179.5 . 6269.25 .. 8359 12538.5 .. 16718 .. 22227.5 C3A...... 2090 2090 4180 4180 6270 6270 8360 8360 12540 12540 16720 16720 22235 22235 ■R 2090.26 4180. 5 . 6270. 75 .. 8361 .. 12541.5 .. 16722 .. 22232.5 C4A...... 2090.5 2090.5 4181 4181 6271.5 6271.5 8362 8362 12543 12543 16724 16724 22240 22240 R 2090.75 .. 4181.5 . 6272.25 .. 8363 .. 12544.5 .. 16726 .. 22237.5 C5A...... ____ 209Ì 2091 4182 4182 6273 6273 18364 >8364 12546 12546 16728 16728 22245 22245 ■R 2091.25 . . 4182.5 . 6273.75 .. 8365 .. 12547.5 .. 16730 .. 22242.5 C6A...... 2Ó9Ì. 5 2091.5 4183 4183 6274 5 6274.5 8366 8366 12549 12549 16732 16732 22250 22250 B ___ ' ...... 2091. 75 .. 4183.5 . 6275.25 .. 8367 .. 12560.5 .. 16734 .. 22247.5 C7A ...... __ 2092 2092 4184 4184 6276 6276 8368 8368 12552 12552 16736 16736 22255 22255 B ...... 2092.25 .. 4184 5 . 6276.75 .. 8369 .. 12553.5 .. 16738 .. 22252.5 C8A...... 2092. 5 . 4185 4185 6277.6 6277.5 8370 8370 12555 12555 16740 16740 22260 22260 ■R 4185.5 . 6278.25 .. 8371 .. 12556.5 .. 16742 .. 22257.5 no ...... 2093 4186 4186 6279 6279 8372 8372 12558 12558 16744 16744 22265 22265 CS-...... 4186.5 . 6279.75 .. 8373 .. 12559.5 . 16746 .. 22262.6

1 May be used by ship station® only to establish communications relating to the safety of life. § 83.319 Low traffic ship radiotelegraph cludes two frequencies from the 4,6,8,12, frequency in each band. If more than working frequencies. 16, and 22 Mc/s bands. A primary fre­ one symbol of the “L” series is allocated quency to be used for working in each for a particular licensee, the frequency (a) Low traffic ship radiotelegraphfrequency band having two frequencies column symbols, to include the suffix “A” working frequencies are set forth in available must be indicated by sufflxing- or “B”, should be applied for in rotation Table lc. Application may be made for the frequency column symbol with the for successive vessels as for calling fre­ one low traffic working frequency column letter “A” for the lower frequency in each quencies

4 Mc/s 6 Mc/s 8 Mc/s Group “A” Group “B” Group “A ” Group “B” Group “A” Group “B” SymboI Available— Available— Available— Available— Available— Available— Until After Until After Until After Until After Until After Until After 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69

LI...... ____4188 4188 4212.5 4212.5 6282 6282 6318.75 63ia 75 8376 8376 842$ 8425 L2 ...... 4188.5 4188.5 4213 4213 6282. 75 6282.75 6319.5 6319.5 8377 8377 8426 8426 T.3 ...... 4189 4189 . 4213.5 4213.5 6283.5 6283.5 6320.25 6320.25 8378 8378 8427 8427 L4...... 4189.5 4189.5 4214 4214 6284.25 6284.25 6321 6321 8379 8379 8428 8428 . TJÍ ...... 4190 4190 4214.5 4214.5 6285 6285 6321. 75 6321. 75 8380 8380 8429 8429 m ____4190.5 4190.5 4215 4215 6285.75 6285. 75 6322.5 6322.5 8381 8381 8430 8430 L7 ____4191 4191 4215.5 4215.5 6286.5 6286.5 6323.25 6223.25 8382 8382 8431 8431 L8 .. 4191.5 4191.5 4216 4216 6287.25 6287.25 6324 6324 8383 8383 8432 8432 L9 ...... 4192 4192 . 4216.5 4216. 5 6288 6288 6324.75 6324 75 8384 8384 8433 8433 T.IO ...... 4192.5 4192.5 4217 4217 6288.75 '6288. 75 6325.5 6325.5 8385 8385 8434 8434 Till 4193 4193 4217.5 4217.5 6289.5 6289.5 6326.25 6326.25 8386 8386 8435 8435 T/19 ____ 4193.5 4193.5 4218 4218 6290.25 6290.25 6327 6327 8387 8387 8436 8436 L13...... ____ 4194 4194 4218.5 4218.5 6291 6291 6327.75 6327. 75 8388 8388 8437 8437 L14 ...... 4194.5 4194.5 4219 4219 6291. 75 6291.75 632a 5 632a 5 8389 8389 8438 8438 T/lfi ____ 4195 4195 4219.5 4219.5 6292.5 6292.5 6329.25 6329.25 8390 8390 8439 8439 Lie ...... 4 m s 4195.5 4220 4220 6293.25 6293.75 6330 6330 8391 8391 8440 8440 1.17 ...... 4196 4196 4220.5 4220.5 6294 6294 6330.75 6330.75 8392 8392 8441 8441 1.1« 4196.5 4196.5 4221 4221 6294.75 6294.75 6331.5 6331.5 8393 8393 8442 8442 L19 ...... 4197 4197 4221.5 4221.5 6295.5 6295.5 6332.25 6332.25 8394 8394 8443 8443 L20 .. ___4197.5 4197.5 4222 4222 6296.25 6296.25 6333 6333 8395 8395 8444 8444 L21__ 4198 4198 4222.5 4222.5 6297 6297 6333.75 6333.75 8396 8396 8445 8445 L22...... 4198.6 4198.5 4223 4223 6297.75 6297.75 6334.5 63345 8397 8397 8446 8446 L23 ... 4199 4199 4223.5 4223.5 6298.5 6298.5 6335.25 6335.25 8398 8398 8447 8447 1.94 4199.5 4199 5 4224 4224 6299.25 6299.25 6336 6336 8399 8399 8448 8448 L25 ...... 4200 4200 4224.5 4224.5 6300 6300 6336.75 633d 75 8400 8400 8449 8449 J.9R 4200.5 4200.5 42% 4225 6300.75 6300.75 6337.5 6337.5 8401 8401 8450 8450 T.27 . . 4201 4201 4225.5 4225.5 6301.5 6301.5 6338.25 6338.25 8402 8402 8451 8451 L 2 8 ____ ...... 4201.5 4201.5 4226 4226 6302.25 6302.25 6339 6339 8403 8403 8452 8452 f .99 4202 4202 4226. 5 4226.5 6303 6303 6339. 75 6339. 75 8404 8404 8453 8453 T¿n 4202.5 4202.5 4227 4227 6303.75 6303. re 6340.5 6340.5 84% 8405 8454 8454 T.31 ...... 4203 4203 4227.5 4227.5 6304.5 6304.5 6341.25 6341.25 8406 8406 8455 8455 LS2 ___ ...... 4203.5 4203.5 4228 4228 6305.25 6305.25 6342 6342 8407 8407 8456 8456 T4t2 4204 4204 4228.5 4228.5 6306 6306 6342.75 6342.75 8408 8408 8457 8457 L34...... 4204.5 4204.5 4229 4229' 6306.75 6306.75 6343.5 6343.5 8409 8409 8458 8458 T.3K 4205 4205 4229.5 4208.5 6307.5 6307.5 6344.25 6312.75 8410 8410 8459 8417 L36...... 4205. 5 4205.5 4230 4209 6308.25 6308.25 6345 6313.5 8411 8411 8460 8418 T„T7 ...... 4206 4206 4230.5 4209.5 6309 6309 6345.75 6314 25 8412 8412 8461 8419 L38...... 4206.5 4206.5 4231 4210 6309.75 6309.75 6346.5 6315 8413 8413 8462 8420 L39...... 4207 4207 4231.5 4210.5 6310.5 6310.5 6347.25 6315. 75 8414 8414 8463 8421 L40...... 4207.5 4207.5 4232 4211 6311.25 6311.25 6348 63ia5 8415 8415 8464 8422 TAI 4208 4208 4232.5 4211.5 6312 6312 634a 75 6317.25 8416 8416 8465 8423 T49. 4208. 5 4187.5 4233 4212 6312.75 6281. 25 6349.5 6318 8417 8375 8466 8424 TA3 4209 4188 4233.5 4212.5 6313.5 6282 6350.25 63ia 75 8418 8376 8467 8425 L44...... 4209.5 4188.5 4234 4213 6314.25 6282.75 6351 6319.5 8419 8377 8468 8426 T.45 ...... 4210 4189 4234.5 4213.5 6315 6283.5 6351.75 6320.25 8420 8378 8469 8427 T4fi 4210. 5 4189.5 4235 4214 6315. 75 6284.25 6352.5 6321 8421 8379 8470 8428 TA7 4211 4190 4235.5 4214.5 6316.5 6285 6353.25 6321. 75 8422 8380 8471 8429 T.4S 4211. 5 4190.5 4236 4215 6317.25 6285.75 6354 6322.5 8423 8381 8472 8430 L49______4212 4191 4236.5 4215.5 6318 6286.5 6354.75 6323.25 8424 8582 8473 8431 See footnotes at end of table.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 196» (b ) T a b l e l c — Low T r a f f ic S h i p W o r k in g F r e q u e n c ie s 1 ( k c / s )— Continued one frequency in the 4 Mc/s band each band and the letter “B ” for the and two frequencies in each of the 6, 8, higher frequency in each band. If more 12 Mc/s 16 Mc/s 22 Mc/s 12, 16, and 22 Mc/s bands. A primary than one symbol of the “N” series is frequency to be used for working in each allocated for a particular licensee, the Group “A” Group “B” Group “A" Group “B” Group “A” Group “B” frequency symbols, to include the suffix Symbol Available— Available— Available— Available— Available— Available— frequency band having two frequencies available must be indicated by suffixing “A” or “B”, should be applied for in ro­ Until After Until After Until After Until After Until After UntU After tation for successive vessels as for calling the frequency column symbol with the frequencies (see § 83.318), otherwise 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 2-1-70 3-7-69 letter “A” for the lower frequency in either “A” or “B” may be applied for. T able Id—Ship R adiotelegbaph Working F requencies—Narrow-Band Direct-Printing T elegraph and LI 12564 12564 12637.5 12637.5 16752 16752 16850 16850 22272.5 22272.5 22335 22335 L2 12565.5 12565.5 12639 12639 16754 16754 16552 16852 22272.5 22272.5 22335 22335 Data T ransmission Systems L3 12567 12567 12640.5 12640.5 16766 16756 16854 16854 22275 22275 22337.6 22337.5 IA 12568.5 12568.5 12642 12642 16758 16758 16856 16856 22275 22275 22337.5 22337.5 L5 12570 12570 12643.5 12643.5 16760 16760 16858 16858 22277.5 22277.5 22340 22340 4 Mc/s1 6 Mc/s 8 Mc/s 12 Mc/s 16 Mc/s 22 Mo/s L6 12571.5 12571.5 12645 12645 16762 16762 16860 16860 22277.5 22277,5 22340 22340 Available Available Available Available Available Available L7 12573 12573 12646.5 12646.5 16764 16764 16862 16862 22280 22280 22342.6 22342.5 after 7-1-69 after 7-1-69 L8 12574.5 12574.5 12648 12648 16766 16766 16864 16864 22280 22280 22342.5 22342.5 after 7-1-69 after 7-1-69 after 7-1-69 after 7-1-69 L9 12576 12576 12649. 5 12649.5 16768 16768 16866 16866 22282.5 22282.5 22345 22345 L10 12577.5 12577.5 12651 12651 16770 16770 16868 16868 22282.5 22282.5 22345 22345 N 1A ...... 4166.5 45248.5 8332 12484 16641 22165 L ll 12579 12579 12652.5 12652. 5 16772 16772 16870 16870 22285 22285 22347.5 22347.5 B... 6253.5 8337 12494 16651 22175 L12 12580.5 12580.5 12653 12653 16774 16774 16872 16872 22285 22285 22447.5 22347.5 N 2A... - ...... 4167 6249 8332.5 12485 16642 22166 L13 12582 12582 12654.5 12654.5 16776 16776 16874 16874 22287.5 22287.5 22350 22350 B... — ...... 4167 6254 8337.5 12495 16652 22176 L14 12583.5 12583.5 12656 12656 16778 16778 16876 16876 22287.5 22287.5 22350 22350 N 3A...... 4167.5 6249.5 8333 12486 16643 22167 L15 12585 12585 12657.5 12657.5 16780 16780 16878 16878 22290 22290 22352.6 22352.5 B--...... 4167.5 6254. 5 8338 12496 16653 22177 L16 12586.5 12586.5 12659 12659 16782 16782 16880 16880 22290 22290 22352.5 22352.5 N 4A...... 4168 6250 8333.5 12487 16644 22168 L17 12588 12588 12660. 5 12660.5 16784 16784 16882 16882 22292.5 22292.5 22355 22355 B...... 4168 6255 8338.5 12497 16654 22178 L18 12589.5 12589.5 12663 12663 16786 16786 16884 16884 22292.5 22292.5 22355 22355 N 5A...... 4168.5 6250.5 8334 12488 16645 22169 L19 12591 12591 12664.5 12664.5 16788 16788 16886 16886 22295 22295 22357.5 22357. 5 B- —...... 4168.5 6255.5 8339 12498 16655 22179 REGULATIONS AND RULES L20 12592.5 12592.5 12666 12666 16790 16790 16888 16888 22295 22295 22357.5 22357.5 NeA__ ...... -...... -...... 4169 6251 8334.5 12489 16646 22170 L21 12594 12594 12667.5 12667.5 16792 16792 18890 16890 22297.5 22297.5 22360 22360 B_-_ ...... 4169 6256 8339.5 12499 16666 22180 L22 12595.5 12595.5 12669 12669 16794 16794 16892 16892 22297.5 22297.5 22360 22360 N 7A...... 4169.5 6251.5 8335 12490 16647 22171 L23 12597 12597 12670.-5 12670.5 16796 16796 16894 16894 22300 22300 , 22362.5 22362. 5 B,...... 4169.5 6256.5 8340 12500 16657 22181 L24 12598. 5 12598. 5 12672 12672 16798 16798 16896 16896 22300 22300 ' 23362.5 22362.5 N 8A...... 4170 6252 8335.5 12491 16648 22172 L25 12600 12600 12673.5 12673.5 16800 16800 16898 16898 22302.5 22302.5 22365 22365 B-__...... 4170 6257 8340.5 12501 16658 22182 L26 12601.5 12601.5 12675 12675 16802 16802 16900 16900 22302.5 22302.5 22365 22366 N 9A ...... 4170.5 6252.5 8336 12492 16649 22173 L27 12603 12603 12676.5 12676.5 16804 16804 16902 16902 22305 22305 22367.5 22367.5 B— ...... 4170.5 6257.5 8341 12502 16659 22183 L28 12604.5 12604.5 12678 12678 16806 16806 16904 16904 22305 22305 22367.5 22367.5 N10A...... 4171 6253 8336.5 12493 16650 22174 L29 12606 12606 12679.5 12679.5 16808 16808 16906 16906 22307.5 22307.5 22370 22370 B...... 4171 6258 8341.5 12503 16660 22184 L30 12607.5 12607.5 12681 12681 16810 16810 16908 16908 22307.5 22307.5 22370 22370 L31 12609 12609 12682.5 12682.5 16812 16812 16910 16910 22310 22310 22372.5 22322. 6 L32 12610.5 12610.5 12684 12684 16814 16814 16912 16912 22310 22310 22372.5 22322.5 1 In addition, 4171.5 and 4172 kc/s are available after July 1,1969, for use when frequency column symbols N1 through L33 12612 12612 12685.5 12685.5 16816 16816 16914 16914 22312.5 22312.5 22375 22325 N10 are assigned. L34 12613.5 12613.5 12687 12687 16818 16818 16916 16916 22312.5 22312.5 22375 22325 L35 12615 12615 12688.5 12625.5 16820 16820 16918 16834 22315 22315 22377.5 22327.5 7. Section 83.321 is revised to read as 8 L36 12616.5 12616.5 12690 12627 16822 16822 16920 16836 22315 22315 22377.5 22327.5 symbols Cl, C5, or C , H2, and H ll for L37 12618 12618 12691. 5 12628.5 16824 16824 16922 16838 22317.5 22317.5 22380 22330 follows: a high traffic ship, or Cl, C5, or C8 and L38 12619.5 12619.5 12693 12630 16826 16826 16924 16840 22317.5 22317,5 22380 22330 L22 for a low traffic ship. For this pur­ L39 12621 12621 12694.5 12631. 5 16828 16828 16926 16842 22320 22320 22382.5 22332.5 § 83.321 Ship radiotelegraph frequency L40 12622.5 12622.5 12696 12633 16830 16830 16928 16844 22320 22320 22382.5 22332.5 plan. pose, the alphabetic group of first letters L41 12624 12624 12697.5 12634. 5 16832 16832 16930 16846 22322.6 22270 22385 22335 of the name will be selected by using the L42 12625.5 12562. 5 12699 12636 16834 16750 16932 16848 22322.5 22270 22385 22335 (a) The ship radiotelegraph frequency L43 12627 12564 12700.5 12637.5 16836 16752 16934 16850 22325 22272.5 22387 5 22337.5 first word of a trade name omitting L44 12628.5 12565.5 12702 12639 16838 16754 16936 16852 22325 22272.5 22387.6 22337.5 plan for the bands between 2 and 23 “The”; the last name of a personal name; L45 12630 12567 12703.5 12640.5 16840 16756 16938 16854 22327.5 22275 22390 22340 Mc/s is set forth in Table 2. Applicants L46 12631.5 12568.5 12705 12642 16842 16758 16940 16856 22327.5 22275 22390 22340 or the last name of the first person L47 12633 12570 12706. 5 12643.5 16844 16760 16942 16858 22330 22277.5 22392.5 22342.5 other than the companies listed in appearing in a series of personal names. L48 12634.5 12571.5 12708 12645 16846 16762 16944 16860 22330 22277. 5> 22392.5 22342.5 Table 2 must apply for the frequency As examples, the following names would L49 12636 12573 12709.5 12646.5 16848 16764 16946 16862 22332.5 22280 22395 22345 column symbols shown, in alphabetic groups according to the first letter of all apply for the third, or “M” group: 1 The frequency symbols are suffixed by the letters "A" or “B” to Indicate the primary working frequency in each their name. As an example, if the appli­ Marine Communications, Inc.; A. B. band. [See §§ 83.324(e) and 83.319(a).] cant’s name begins with A, B, or C, he Miller and Co.; C. D. Muncey; E. F. § 83.320 Ship radiotelegraph working telegraph and data transmission sys­ may apply only for frequency column Murphy, Alfred Abrams, et al. frequencies— narrow-band direct- tems in the bands between 4 and 23 Mc/s printing telegraph and data transmis­ are set forth in Table Id. Application sion systems. may be made for one narrow-band di­ (a) Ship radiotelegraph working fre­rect-printing frequency column symbol quencies—narrow-band direct-printing from the “N” series, which includes 1549

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 No. 21- -5 1550 RULES AND REGULATIONS

Table 2—Ship R adiotelegraph Frequency P lan working frequency of which 425, 448,1 (For columns of frequencies designated by these symbols, see $ 83.315) 454, 468, 480, or 5121 kc/s is the assigned frequency. High traffic Narrow-band (c) Except as provided in §§ 83.316, Calling ship working direct-printing frequency frequency Low traffic ship working frequency column working 83.322, 83.323, and 83.401, use of 500 column column symbols frequency kc/s for working is prohibited. symbols symbols column symbols * * * * * (g) (1) In addition to use of the fre­ RCA Communi- C3, C5, C7, HI, H3, H5, Li, l ; quency assignment designated for teleg­ cations, Inc. C9. H7, H9. L21, N7. L39, raphy in the license of a ship station, ITT World Com- C2, C4, C5, H4, H6, H8, L2, L( such station when communicating by munications, C6. H10. L32, telegraphy with a mobile or land station Inc. Tropical Radio Cl, C5, C8. H2, H ll...... L4__ N2, N9. of the U.S. Government may transmit Telegraph Co. on a Government frequency assignment Matson Naviga­ .. L12... N10. tion Co. when authorized or directed to do so by Other applicants: the Government station responsible or A-C ...... do—...... do...... L22—. Do. D-L...... do...... _do_—...... L26-.. Do. by the Government department or M...... _____do...... do...... L30... Do. agency for which use of such frequency N-R...... do...... do______._ L38... Do. assignment is authorized; on condition S_...... do______.. L44... Do. T-Z...... do...... do----- ... .. L46... Do. that the emission-bandwidth and fre­ quency tolerance of the ship station shall 8. In § 83.322, paragraph (a) is cies in the band 2089.5-2092.5 kc/s may be within the respective limits thereof re­ amended to read as follows: be used for calls, replies, and safety. quired to be maintained by the Govern­ These frequencies may also be used for ment station. Under these circumstances, § 83.322 Frequencies for use in distress. messages preceded by the urgency or the ship station assigned frequency, the (a) The international distress fre­safety signals. class of emission, and the permissible quency is 500 kc/s; it is used as an (c) In Region 2, the frequency 2091class of traffic shall be designated and assigned frequency for this purpose by kc/s is the international calling fre­ controlled by the responsible Govern­ ship, survival craft, or aircraft stations quency for ship stations using telegraphy ment station, department, or agency. using frequencies in the band 405-535 within the band 2089.5-2092.5 kc/s. It * * * * * kc/s, when requesting assistance from shall be used for call, reply and signals (h) The frequencies 2072.5 kc/s2 and the maritime services. It is used, pref­ preparatory to traffic by all ship stations 2077.5 kc/s2 are authorized for wide­ erably with A2 emission, for the dis­ using telegraphy to establish communi­ band telegraphy, facsimile, and special tress call, distress traffic and for the cation with other ship stations operating transmission systems when designated in transmission of urgent and safety in the band 2089.5-2092.5 kc/s or with the ship station license. messages. coast stations using telegraphy and op­ 11. In § 83.328, a new paragraph (d) is * * * * * erating in the band 2035-2065 kc/s: added to read as follows: 9. In § 83.323, subparagraph (3) of Provided, That transmission by ship sta­ § 83.328 Radiotelegraph operating pro­ paragraph (a) is amended; existing tions for this purpose on any calling cedure. paragraphs (b) and (d) are deleted; a frequency within the band 2089.5-2092.5 * * * * * new paragraph (b) is added; and para­ kc/s is permissible as a practical operat­ graph (c) is amended, to read as ing procedure to minimize interference (d) Operation on frequencies set forth follows; in lieu of transmission on the frequency in § 83.315(e) shall, in addition to other 2091 kc/s. A ship station, after estab­ applicable provisions, conform to the § 83.323 Frequencies for call and reply. lishing communication on a calling fre­ special calling procedure set forth in (a) * * * quency, except safety and distress, shall Article 29 of the ITU Radio Regulations, (3) In order to facilitate the recep­change to an authorized working fre­ as amended by Geneva, 1967. tion of distress calls, all transmissions quency in the bands between 4 and 23 12. In § 83.552, the table in paragraph on 500 kc/s shall be reduced to a mini­ Mc/s for the transmission of traffic. (b) is amended to read as follows: mum. Preparatory operating signals or 10. In § 83.324, paragraphs (a ), (b), § 83.552 Requirements for main trans­ brief communications concerning the (c), (g) (1), and (h) are amended to read mitter. operation of the station may be included as follows: * * * * * on 500 kc/s provided the overall dura­ (b) * * * tion of the transmission is not long­ § 83.324 Frequencies for working. er than 10 seconds. Transmissions of (a) Each assigned frequency listed in 1The frequency 512 kc/s will replace 448 longer duration shall be made on the § 83.316(a), and which is not identified kc/s. 512 kc/s will become available on Apr. working frequency. therein with a specific use or function, is 1, 1969. The frequency 448 kc/s will not be (b) In Region 3, the band 2089.5- authorized as an assigned frequency for available after July 1,1970. 2092.5 kc/s is the calling and safety band “working”. 8 The frequencies 2072.5 an d 2077.5 kc/s for the maritime mobile service of radio­ (b) Ship and aircraft stations using sh a ll be replaced, d u ring th e period Nov. 1, telegraphy and working on frequencies 1969 to Dec. 31, 1969, by the frequencies telegraphy in those parts of the bands 2071 and 2076 kc/s. The frequencies 2072.5 between 1605 and 2085 kc/s in which within the band 415 to 525 kc/s shall use and 2077.5 kc/s will not be available for radiotelegraphy is authorized. Frequen­ whenever practicable, an authorized assignment or use after Dec. 31, 1969.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1551

Frequency Percentage PART 930— PROGRAMS FOR SPE­ tolerance modulation CIFIC POSITIONS AND EXAMINA­ Operating carrier (parts in Class of (for ampli­ Modulation frequency for amplitude Antenna power frequency 10«) emission tude modu­ modulation TIONS (MISCELLANEOUS) lation) Subpart B— Appointment, Compen­ 500 kc/s...... 1,000...... A2 Not less At least 1 frequency between 300 and Not. less than 200 sation, and Removal of Hearing or than 70; 1250 cycles per second; except for watts into an A2H not more transmitters installed after July 1, average ship Examiners than 100. 1951, at least 1 frequency between station antenna. 450 and 1250 cycles per second. Appointment; Correction Do...... —- . 1,000-— A l Not less than 160 watts into an In F.R. Doc. 68-9288, appearing on average ship station antenna. page 11055 of the issue for August 3,1968, 410 kc/s and 2 au­ 1,000___ A2 Not less At least 1 frequency between 300 and Not less than 200 and again in the revision of regulations thorized work­ or than 70; 1250 cycles per second; except for watts into an (F.R. Doc. 68-10612) appearing on page ing frequencies A2H not more transmitters installed after July 1, average ship in the band 415 than 100. 1951, at least 1 frequency between station antenna 12521 of the issue for September 4, 1968, to 525 kc/s. 450 and 1250 cycles per second. in the last sentence of paragraph (b) of Do____ . L000____ A l Not less than 160 watts into an § 930.203 the “and” between “§§ 731.201 average ship and 731.303” should have been “through” statical antenna. making paragraph (b) read as follows : * * ♦ * * * ♦ § 930.203 Appointment. * * * * * 13. In § 83.553, the table in paragraph (b) is amended to read as follows: (b) Prior approval. An agency may § 83.553 Requirements for reserve transmitter. make an appointment to a hearing exam­ * * * * * * * iner position only with the prior ap­ (b) * * * proval of the Commission, except when it makes its selection from a certificate Percentage of eligibles furnished by the Commis­ Operating Frequency tolerance Class of modulation Modulation frequency (for Antenna sion. An appointment is subject to in­ carrier (parts in 109) emission (for ampü- amplitude modulation) power frequency tude mod­ vestigation in accordance with §§ 731.201 ulation) through 731.303 of this chapter and sub­ ject to security clearance by the agency. 600 kc/s...... 1,000 except for reserve A2 Not less At least 1 frequency be­ Not less than ***** transmitters whose use is or than 70; tween 300 and 1250 cycles 25 watts confined solely to safety A2H not more per second; except for into an # (5 TJJS.C. 1305, 3105, 3344, 5362,7521) communications as than 100. transmitters installed average defined in § 83.6(a). Such after July 1,1951, at ship station United S tates Civil S erv- transmitters shall main­ least 1 frequency between antenna. ice Commission, tain a frequency tolerance 450 and 1250 cycles per of 3,000 parts in 106. second. [seal] J ames C. S pry, 410 kc/s and 1 ...... do______A2 ___ do...... -, Do. Executive Assistant to authorized or working A2H the Commissioners. frequency in the band 415 [F.R. Doc. 69-1292; Filed, Jan. 30, 1969; to 525 kc/s. 8 :4 8 a.m.] ******* 14. The title to Subpart Y of Part 83 is amended to read as follows: Title 7— AGRICULTURE Subpart Y— Exemption Orders Chapter VII— Agricultural Stabiliza­ § 83.801 [Deleted] tion and Conservation Service 15. Section 83.801 is deleted in its entirety; the provisions having been trans­ ferred as follows: Par. (e) to 183.317(a), par. (f) to § 83.318(a), par. (g) to (Agricultural Adjustment), Depart­ 183.321(a), par. (h) to § 83.319(a), par. (i) to § 83.320(a), Table la to § 83.317(b), ment of Agriculture Table lb to.§ 83.318(b), Table lc to § 83.319(b), Table 2 to § 83.321(b). SUBCHAPTER D— PROVISIONS COMMON TO [F.R. Doc. 69-1190; Filed, Jan. 30,1969; 8:45 am .] MORE THAN ONE PROGRAM [Arndt. 5] § 213.3310 Department of Justice. Title 5— ADMINISTRATIVE ***** PART 792— CONSERVING BASE AND DESIGNATED DIVERTED ACREAGE PERSONNEL (s) Law Enforcement Assistance Ad­ ministration. * * * Miscellaneous Amendments Chapter I— Civil Service Commission (3) One Special Assistant to the Ad­ Sections 792.1 through 792.3 of. the PART 213— EXCEPTED SERVICE ministrator. regulations governing conserving base (4) One Special Assistant to each of and designated diverted acreage, 31 FJEL Department of Justice 5873, as amended, is further amended Section 213.3310 is amended to show the two Associate Administrators. as follows: that one position of Special Assistant to (5 tT S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, 1. Section 792.1 is amended to read as the Administrator, and one position of 3 CFR 1954-58 Comp.„p. 218) follows: Special Assistant to each of the two Associate Administrators, Law Enforce­ United S tates Civil S erv­ § 792.1 Applicability. ment Assistance Administration, are ex­ ice Commission, This part is applicable to the following cepted imder Schedule C. Effective on [seal] J ames C. S pry, programs set forth in this Title 7: publication in the Federal R egister, sub- Executive Assistant to (a) Land Use Adjustment Programs paragraphs (3) and (4) are added to the Commissioners. (Part 751); bSowraPh is) of §213-3310 ^ set out [FJEL Doc. 69-1291; Filed, Jan. 30, 1969; (b) Feed Grain Diversion Programs 8 :4 7 a m . J (Part 775);

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1552 RULES AND REGULATIONS (c) Wheat Stabilization Programs cation, etc.) which have been established current year, (iii) the farm operator (Part 776); by the State committee in consultation requests that the land be classified as (d) Wheat Diversion and Certificate with State wildlife agencies, (ii) the area cotton or feed grain acreage for purposes Programs (Part 728) ; and crop are designated by the operator of price support payments and as di­ (e) Upland Cotton Program (Part and approved by the county committee verted acreage, (iv) the land is treated 722); in writing before planting, and (iii) no throughout the remainder of the current (f) Extra-Long Staple Cotton Pro­ grazing or harvesting other than wildlife year in a manner acceptable for diverted gram (Part 722); and is permitted. acreage in the area, and (v) the feed (g) All other programs to which this (5) Com or grain sorghums plowed grain acreage for the farm does not ex­ part is made applicable by individual down as green manure. ceed the feed grain permitted acreage program regulations. (6) An acreage of allotment or feed (the base for a nonparticipating farm). 2. In paragraph (b) of § 792.2, sub- grain crops (including barley and oats- * * * * * paragraphs (1) and (4) are amended, rye under the substitution provision) (c) Restriction on harvesting of crops subparagraphs (2), (3), and (5) are within the permitted acreage destroyed from diverted acreage. No crops other retained as written, subparagraph (6) is after the disposition date if needed to than the crops specified in paragraph (e) renumbered (7), and subparagraph (6) meet a deficiency in the conserving base of this section shall be harvested from is added and in paragraph (c) subpara­ or diverted acreage requirement except the designated diverted acreage in the graph (7) is amended so that paragraphs that this provision is not applicable when current year, or after December 31 of the (b) and (c) (7) will read as follows: the deficiency is the result of a spot current year if the crop would normally check conducted under provisions of mature and be harvested in the current § 792.2 Farm conserving base. § 718.23 of this chapter and in certifica­ year, except (1) where the crop is one * * * * * tion counties as provided in § 718.28 of which matured in the year preceding the (b) Maintaining the conserving base.this chapter. current year on land which was not The producer shall devote to conserving (7) Other uses recommended by the designated as diverted acreage in such uses on the farm during the current year State committee which are not in con­ year under an adjustment program and (or, in the case of the cropland adjust­ flict with other provisions of the pro­ the harvesting was delayed because of ment program, each year of the agree­ gram and which the Deputy Administra­ adverse weather or other conditions be­ ment period) an acreage of cropland, in tor approves in advance. yond the control of the farm operator, or addition to the designated acreage and (c) Additional provisions relating to (2) where the Secretary determines that any acreage diverted under any other the conserving base. * * * it is necessary to permit the harvesting Federal agricultural diversion, program, (7) Acreage not planted or which was of crops from the diverted acreage for at least equal to the farm conserving base planted but failed because of a natural use in the area in order to alleviate a determined in accordance with para­ disaster which is considered devoted to shortage of forage resulting from severe graph (a) of this section. Subject to the cotton, wheat, or feed grains under the drought, flood, or other natural disaster provisions of paragraph (c) of this sec­ provisions of the programs for those and consents to such harvesting subject tion, the following uses of cropland on commodities shall not be considered as to an appropriate reduction in the pay­ the farm will qualify as eligible conserv­ being devoted to a conserving use except ment rate. ing uses for the purpose of maintaining as provided in § 792.3(a) (2). (d) Restriction on grazing. The desig­ the conserving base: 3. In § 792.3 paragraphs (a), (c), (d), nated diverted acreage shall not be (1) The conserving uses set forth in and (h) are amended to read as follows: grazed during the period between April paragraph (a) of this section, except 30 and October 1 of the current year, that: (i) Soybeans may be approved only § 792.3 Designation, use, and care of di­ or at the election of the State committee at the option of the State committee and verted acreage under the feed grain, with advance notice to the operator and must be incorporated into the soil by a upland cotton, wheat diversion, and the Director, Farmer Programs Division, date established by the State commit­ wheat certificate programs; approved between March 31 and September 1 or tee; (ii) small grain cover crops must be conserving uses. between April 14 and September 15, ex­ disposed of by an established disposition (a) Cropland eligible for designation. cept where the Secretary considers it date: Provided, That oats or rye may Land to be eligible for designation as di­ necessary to permit the diverted acreage be left standing providing (a) an oats- verted acreage must be cropland as pro­ to be grazed in order to alleviate a short­ rye base has not been established for the vided in this paragraph. Where the age of forage in the area resulting from farm, (b) an intention to leave oats or county committee determines that the severe drought, flood, or other natural rye standing on the land is filed with average productivity of the land diverted disaster and consents to such grazing the county committee in writing prior is substantially less than the average subject to an appropriate reduction in to the applicable disposition date, (c) the productivity of the cropland which would the payment rate. costs of necessary farm visits to maintain normally be devoted to the crop, the pay­ * * 4c * * administrative control are paid, and id) ments for the farm shall be reduced to (h) Approved conservation uses on no harvesting occurs. take into account the actual productivity diverted acreage. Subject to the provi­ (2) Trees or shrubs planted for ero­ of the diverted acreage. Subject to the sions of paragraphs (c), (d), and (g). sion control, shelterbelts, or other provisions of paragraph (b) of this sec­ of. this section, the approved conserva­ forestry purposes or for wildlife habitat tion, the following may be designated as tion uses on diverted acreage are as during the current year (or, in the case diverted acreage: follows: of the cropland adjustment program, the (1) Land which was cropland in the (1) The conservation uses set forth in year for which the determination is preceding year and is currently classi­ being made) or the fall of the preced­ fied as cropland which, under normal § 792.2(b), or ing year. (Trees or vines in an orchard conditions, could reasonably be expected (2) A crop, excepting soybeans when or vineyard are not a conserving use.) to produce a crop, or not approved as a conserving use, (3) Water storage developed for any destroyed by natural causes if the acre­ (2) Land on which cotton or feed age is substituted for other eligible di­ purpose, including fish or wildlife habi­ grain was prevented from being planted tat during the current year (or, in the verted acreage when: (i) The operator due to a natural disaster or was planted requests reclassification of the crop, and case of the cropland adjustment pro­ but failed because of a natural disaster (ii) the farm is otherwise in compliance gram, the year for which the determina­ and which is classified as cotton acreage tion is being made) or the fall of the or feed grain acreage for purposes of with the program. preceding year. price support payments: Provided, That (Titles III, IV, V, and VI of the Pood and (4) Plantings for wildlife food plots or (i) the cotton or feed grain was planted Agriculture Act of 1965, 79 Stat. 1187; Pub­ wildlife habitat. Barley, corn, grain sor­ in a workmanlike manner, (ii) the resi­ lic Law 90-475, 82 Stat. 701) ghums, oats, rye, soybeans, rice, and due of a chemical used as a weed control Effective date. This amendment shall wheat will qualify if: (i) The area con­ makes it impracticable to devote the land become effective on the date of its pub­ forms to standards (maximum size, lo- to a subsequent crop for harvest in the lication in the F ederal R egister.

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1553

Signed at Washington, D.C., on Jan­ in baits for suppression of imported fire of its publication in the F ederal uary 27, 1969. ants. R egister file with the Hearing Clerk, L ion el C. H o lm , Subsequently, the petition was Department of Health, Education, and Acting Administrator, Agricul­ amended by proposing that tolerances Welfare, Room 5440, 330 Independence tural Stabilization and Con­ be established for negligible residues of Avenue SW., Washington, D.C. 20201, servation Service. the subject insecticide in the fat of meat written objections thereto, preferably in [F.R. Doc. 6 9-13 11; Piled, Ja n . 30, 1969; from cattle, goats, hogs, horses, poultry, quintuplicate. Objections shall show 8 :4 9 a.m.] and sheep at 0.1 part per million; in all wherein, the person filing will be ad­ raw agricultural commodities (exclusive versely affected by the order and specify of milk-fat and of the fat of the meat with particularity the provisions of the animals listed above) at 0.01 part per order deemed objectionable and the Title 21— FOOD AND DRUGS million; and in milk at 0.004 part per grounds for the objections. If a hearing Chapter I— Food and Drug Adminis­ million. As the insecticide concentrates is requested, the objections must state in the fat of milk, this is the equivalent the issues for the hearing. A hearing tration, Department of Health, Edu­ of 0.1 part per million on a milk-fat will be granted if the objections are sup­ cation, and Welfare basis, assuming that the milk contains 4 ported by grounds legally sufficient to SUBCHAPTER B— FOOD AND FOOD PRODUCTS percent of fat. Ingestion of residues of justify the relief sought. Objections may this insecticide by poultry may result in be accompanied by a memorandum or PART 51— CANNED VEGETABLES residues in the fat of the meat and also brief in support thereof. in eggs. Canned Carrots; Confirmation of Ef­ The Secretary of Agriculture has certi­ Effective date. This order shall be­ fective Date of Order Amending fied that this pesticide chemical is use­ come effective on the date of its publica­ Identity Standard To Provide for ful for the purposes for which the toler­ tion in the F ederal R egister. Optional Addition of Certain Cal­ ances are being established. (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. cium Salts Based on consideration given the data 346a(d)(2)) submitted in the petition and other Dated: January 21, 1969. In the matter of amending the defini­ relevant material, the Commissioner of tion and standard of identity for canned Food and Drugs concludes that: (1) A J . K . K irk, vegetables other than those specifically tolerance of 0.1 part per million is ap­ Associate Commissioner regulated (21 CFR 51.990) to permit, propriate regarding eggs; and (2) the for Compliance. within certain limitations, the optional tolerances established by this order will [F.R. Doc. 69-1299; Filed, Jan. 30, 1969; addition to canned carrots of purified protect the public health. Therefore, 8 :4 8 a.m.] calcium chloride, calcium sulfate, cal­ pursuant to the provisions of the Fed­ cium citrate, monocalcium phosphate, or eral Food, Drug, and Cosmetic Act (sec. any mixture of two or more such calcium 408(d) (2) ^ 68 Stat. 512; 21 U.S.C. 346a PART 120— TOLERANCES AND EX­ salts to firm the carrots : (d) (2)) and under authority delegated EMPTIONS FROM TOLERANCES FOR Pursuant to the provisions of the Fed­ to the Commissioner (21 CFR 2.120), PESTICIDE CHEMICALS IN OR ON eral Food, Drug, and Cosmetic Act (secs. Part 120 is amended as follows; RAW AGRICULTURAL COMMODI­ 401, 701, 52 Stat. 1046, 1055, as amended 1. Section 120.3(e)(4) is amended by TIES 70 Stat. 919, 72 Stat. 948; 21 U.S.C. 341, alphabetically inserting in the list of 371) and under authority delegated to chlorinated organic pesticides a new item, 0,0-Diethyl S-2-(Ethylthio)Ethyl the Commissioner of Food and Drugs (21 as follows: Phosphorodithiocte CFR 2.120), notice is given that no ob­ § 120.3 Tolerances for related pesticide jections were filed to the order in "the A petition (PP 8F0734) was filed with chemicals. the Food and Drug Administration by the above-identified matter published in the * * * \ * * F ederal R egister of December 5, 1968 Chemagro Corp., Post Office Box 4913, (e) * * * Kansas City, Mo. 64120, proposing the (33 F.R. 18089). Accordingly, the amend­ (4) * * * ments promulgated by that order became establishment of tolerances for residues effective January 5,1969. Dodecachlorooctahydro-1,3,4-metheno-2H- of the insecticide 0,0-diethyl S-2- cyclobuta [ cd] pentalene. (ethylthio) ethyl phosphorodithioate in Dated; January 21,1969. ***** or on the raw agricultural commodities sorghum grain at 0.1 part per million J . K . K irk, 2. The following new section is added Associate Commissioner to Subpart C: and sorghum fodder and forage at 5 for Compliance. parts per million. § 120.251 Dodecachlorooctahydro-1,3,4- Subsequently, the petitioner amended [F.R. Doc. 69-1298; Piled, Ja n . 30, 1969; metheno- 2i/-cyclol»uta [cd] penta­ the petition to request tolerances for 8 :4 8 a.m.] lene ; tolerances for residues. residue of that insecticide and its cho­ Tolerances for residues of the insecti­ linesterase-inhibiting metabolites (cal­ PART 120— TOLERANCES AND EX­ cide dodecachlorooctahydro-l,3,4-meth- culated as demeton) in or on sorghum EMPTIONS FROM TOLERANCES FOR eno-2if-cydobuta[cd]pentalene in or on grain at 0.1 part per million and sor­ raw agricultural commodities are estab­ ghum fodder and forage at 5 parts per PESTICIDE CHEMICALS IN OR ON lished as follows: million. RAW AGRICULTURAL COMMODI­ The Secretary of Agriculture has cer­ TIES 0.1 part per million (negligible residue) in. the fat of meat from cattle, goats, tified that this pesticide chemical is use­ ful for the purposes for which the tol­ Dodecachlorooctahydro -1,3,4- Meth - hogs, horses, poultry, and sheep. 0.1 part per million in milk fat reflect­ erances are being established. eno-2H-Cydobuta ted] Pentalene ing negligible residues in milk. Based on consideration given the data iht l etlt}on (PP 8F0659) was filed 0.1 part per million (negligible submitted in the petition and other rele­ the ^ Drug Adn*inistratic residue) in eggs. vant material, the Commissioner of Food me Aihed Chemicai Corp., Agricu] 0.01 part per million (negligible and Drugs concludes that: 40 ****** Street, N Y l residue) in or on all raw agricultural 1. Since the proposed usage is not rea­ quS? g+ “ i exemPtion from th< commodities (exclusive of eggs, milk fat, sonably expected to result in residues of g ~ H S a tolerance for residi and the fat of cattle, goats, hogs, horses, the pesticide occurring in the edible tis­ the inseeticide dodecachlorooctah; poultry, and sheep). sues and byproducts of poultry or > .4-metheno-2ii-cyclobuta[cd]pe Any person who will be adversely animals fed the above-named commodi­ ene m or on raw agricultural comr affected by the foregoing order may at hes from use in Federal-State prog ties, tolerances are unnecessary regard­ any time within 30 days from the date ing meat, milk, .eggs, or poultry. The

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1 5 5 4 RULES AND REGULATIONS usage is classified in the category speci­ by him to the Commissioner of Food and pH 6.0, and blend 3 to 5 minutes. Further fied in § 120.6(a)(3). Drugs (21 CFR 2.120), the following new dilute with 10 percent potassium phos­ 2. The tolerances established by this section is added to Part 148p to provide phate buffer, pH 6.0, to the proper refer­ order will protect the public health. for certification of the subject antibiotic ence concentration. Therefore, pursuant to the provisions drug: (2) Sterility. Proceed as directed in of the Federal Food, Drug, and Cosmetic § 148p.9 Sterile polymyxin B sulfate- § 141.2(e) (2) of this chapter. Act (sec. 408(d)(2), 68 Stat. 512; 21 benzalkonium chloride urethral lu­ (3) pH. Proceed as directed in § 141a.5 U.S.C. 346a(d) (2)) and under authority bricant. (b) of this chapter, using the undiluted sample. delegated to the Commissioner (21 CFR (a) Requirements for certification— 2.120), § 120.183 is amended by revising (1) Standards of identity, strength, qual­ Data supplied by the manufacture con­ the paragraphs “5 parts per mil­ ity, and purity. Sterile polymyxin B sul- cerning the subject antibiotic drug have lion * * *” and “0.1 part per mil­ fate-benzalkonium chloride urethral lu­ been evaluated. Since the conditions lion * * *” to read as follows; bricant is polymyxin B sulfate and prerequisite to providing for certification § 120.183 0,0-Diethyl S-2-(ethylthio) benzalkonium chloride, with one or more of the drug have been complied with ethyl phosphorodithioate; tolerances suitable and harmless suspending agents, and since it is in the public interest not for residues. in a suitable and harmless base. It con­ to delay in providing for such certifica­ * * 4c * * tains, in each gram, 5,000 units of poly­ tion, notice and public procedure and myxin B and 330 micrograms of benzal­ delayed effective date are not pre­ 5 parts per million in or on alfalfa requisites to this promulgation. (fresh), barley (green fodder and straw), konium chloride. Its content of polymy­ bean vines, clover (fresh), corn fodder xin B is satisfactory if it contains not Effective date. This order shall be ef­ and forage (including field com, sweet less than 90 percent and not more than fective upon publication in the F ederal 130 percent of the number of units of R eg ist e r . com, and popcorn), oats (green fodder polymyxin B that it is represented to and straw), peanut hay, pea vines, pine­ contain. It is sterile. Its pH is not less (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. apple foliage, rice straw, sorghum fodder than 4.0 and not more than 5.5. The 357) and forage, wheat (green fodder and polymyxin B sulfate used conforms to Dated: January 21,1969. straw). § 148p.l(a) (1) (i), (iv), (vi), (vii), and * * * * * J . K . K ir k , (ix). Each other substance used, if its Associate Commissioner 0.1 part per million in or on sorghum name is recognized in the U.S.P. or N.F., for Compliance. grain, soybeans. conforms to the standards prescribed therefor by such official compendium. [F.R. Doc. 69-1301; Filed, Jan. 30, 1969; Any person who will be adversely af­ 8 :4 8 a.m .] fected by the foregoing order may at any (2) Labeling. It shall be labeled in ac­ time within 30 days from the date of its cordance with the requirements of publication in the F ederal R egister file § 148.3 of this chapter:' with the Hearing Clerk, Department of (3) Requests for certification; samples. Title 26— INTERNAL REVENUE Health, Education, and Welfare, Room In addition to the requirements of 5440, 330 Independence Avenue SW., § 146.2 of this chapter, each such request Chapter I— Internal Revenue Service, Washington, D.C. 20201, written objec­ shall contain: Department of the Treasury (i) Results of tests and assays on: tions thereto, preferably in quintuplicate. SUBCHAPTER C— EMPLOYMENT TAXES Objections shall show wherein the person (a) The polymyxin B sulfate used in filing will be adversely affected by the making the batch for potency, toxicity, [T.D. 7001] order and specify with particularity the pH, residue on ignition, and identity. PART 31— EMPLOYMENT TAXES; AP­ provisions of the order deemed objec­ (b) The batch for potency, sterility, PLICABLE ON AND AFTER JAN­ tionable and the grounds for the objec­ and pH. tions. If a hearing is requested, the (ii) Samples required. UARY 1, 1955 objections must state the issues for the (a) The polymyxin B sulfate used in Treatment of Tips; Correction hearing. A hearing will be granted if making the batch: 10 packages, each the objections are supported by grounds containing approximately 300 milligrams. On January 23, 1969, T.D. 7001 was legally sufficient to justify the relief (b) The batch. published in the F ederal R egister (34 sought. Objections may be accompanied (1) For all tests except sterility: A F.R. 996). The words “and within the by a memorandum or brief in support minimium of five immediate containers. first 30 days following the quarter” which (2) For sterility testing: 20 imme­ immediately follow the word “quarter” thereof. diate containers, collected at regular in­ in the first sentence of paragraph (c) Effective date. This order shall become tervals throughout each filling operation. (1) (iii) of § 31.3102-3 of the Employment effective on the date of its publication in (c) In case of an initial request for Tax Regulations (26 CFR Part 31), as the F ederal R eg ister. certification, each other ingredient used prescribed by T.D. 7001 (34 FjR. 998), (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. in making the batch: One package of should, instead, immediately follow the 346a(d)(2)) each containing approximately 5 grams. word “quarter” in the second sentence (4) Fees. $4 for each container sub­ of such paragraph. Accordingly, para­ Dated: January 21,1969. mitted in accordance with subparagraph graph (c) (1) (iii) of § 31.3102-3 is cor­ * J . K . K ir k , (3) (ii) (a), (b)(1), and (c) of this par­ rected to read as follows: Associate Commissioner agraph; $12 for all containers in the § 31.3102-3 Collection of, and liability for Compliance. sample submitted in accordance with subparagraph (3) (ii) (b) (2) of this par­ for, employee tax on tips. [F.R. Doc. 69-1300; Piled, Jan. 30, 1969; * * * # 8 :4 8 a.m.] agraph and $24 for all containers in the samples submitted for any repeat (c) C ollection o f em ployee tax on esti­ sterility tests, if necessary, in accord­ mated basis—(1) In general. * * * SUBCHAPTER C— DRUGS ance with § 141.2(f) of this chapter. (iii) Deduct from any payment of such PART 148p— POLYMYXIN (b) Tests and methods of assay—(1) employee’s wages (exclusive of tips) P otency, (i) Proceed as directed in which are under the control of the em­ Sterile Polymyxin B Sulfate-Benzalko- § 148P.3 (b) (1); or ployer, or from funds referred to in para­ nium Chloride Urethral Lubricant (ii) Proceed as directed in § 148p.l graph (a) (3 ) of this section, such amount (b )(1), except prepare the sample for as may be necessary to adjust the amount Under the authority vested in the Sec­ assay as follows: Transfer an accurately of tax withheld on the estimated basis to retary of Health, Education, and Wel­ weighed representative portion into a conform to the amount of employee tax fare by the Federal Food, Drug, and Cos­ high speed glass blender. Add 1.0 milli­ imposed upon, and required to be de­ metic Act (sec. 507, 59 Stat. 463, as liter of polysorbate 80 and 199 milliliters ducted in respect of, tips reported by the amended; 21 U.S.C. 357) and delegated of 10 percent potassium phosphate buffer, employee to the employer during the

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1555 calendar quarter in written statements In order to implement the provisions § 240.363 Sweetening of natural grape furnished to the employer pursuant to of Public Law 90-619 relating to (1) the wine produced without the use of section 6053(a). If an adjustment is re­ use of special natural wines in the pro­ sugar. quired, the additional employee tax re­ duction of wine spirits, (2) the addition Natural grape wine produced without quired to be collected may be deducted of wine spirits to natural wine, (3) the the use of sugar may be sweetened with upon any payment of the employee’s sweetening of high acid wines, and (4) concentrated or unconcentrated grape wages (exclusive of tips) which are un­ the alcohol content limitations appli­ juice, before or after the addition of wine der the control of the employer during cable in the production of certain wines; spirits; the only limitation being that the the quarter and within the first 30 days and to make conforming and clarifying total solids content of the finishéd wine following the quarter or from funds changes, the regulations in 26 CFR Parts shall not exceed 21 percent by weight. turned over by the employee to the em­ 201 and 240 are amended as follows; Any natural grape wine produced with­ ployer for such purposes within such P aragraph A. Section 201.11 of 26 CFR out the use of sugar and containing less period. For provisions relating to the Part 201 is amended to redefine the term than 12 percent by weight of total solids, repayment to an employee, or other dis­ “Wine spirits”. As amended, § 201.11 may be sweetened, after removal from position, of amounts deducted from an reads as follows: fermenters, with pure dry sugar or liquid employee’s remuneration in excess of the § 201.11 Meaning of terms. sugar if the total solids content of the correct amount of employee tax, see * * * * * finished wine does not exceed 12 percent §31.6413 (a)-1. by weight and the alcoholic content of * * * * * Wine spirits. As authorized for use in wine production by section 5373, I.R.C., the finished wine after sweetening is not [se al] J a m e s F. D rin g , means brandy or wine spirits produced in more than 14 percent by volume: Pro­ Director, Legislation and a distilled spirits plant (with or without vided, That the use under this section of Regulations Division. liquid sugar shall be so limited that the the use of water to facilitate extraction resulting volume will not exceed the vol­ [F.R. Doc. 69-1286; Filed, Ja n . 30, 1969; and distillation) exclusively from (a) 8 :4 7 a jn .] fresh or dried fruit, or their residues, ume which could result from the maxi­ (b) the wine or wine residues therefrom, mum authorized use of pure dry sugar or (c) special natural wine; except that only. Where wine is sweetened with liquid SUBCHAPTER E— ALCOHOL, TOBACCO AND where, in the production of natural wine sugar, as provided in this section, a record OTHER EXCISE TAXES or special natural wine, sugar has been of sweetening shall be kept in accordance [TJD. 7003] with § 240.914b. Where wine is sweet­ used, the wine or the residuum thereof ened with concentrated or unconcen­ PART 201— DISTILLED SPIRITS PLANTS may not be used if the unfermented sugars therein have been refermented. trated grape juice, or with pure dry PART 240-^WINE Such wine spirits shall not be reduced sugar, as provided in this section, the with water from the distillation proof, gallons of wine before and after sweeten­ Miscellaneous Amendments nor be distilled at less than 140 degrees ing shall be determined and entered on On December 24, 1968, a notice of pro­ of proof (except that commercial brandy the record provided for in §240.908. posed rule making to amend 26 CFR aged in wood for a period of not less (72 Stat. 1383, as amended, 1384, as amended, Parts 201 and 240, with respect to mis­ than 2 years, and barreled at not less 1387, as amended; 26 U.S.C. 5382, 5383, 5392) cellaneous amendments relating to wine, than 100 degrees of proof, shall be 4. Section 240.368 is amended by re­ was published in the F ederal R egister deemed wine spirits). vising paragraph (b) respecting the use (33 F.R. 19193). In accordance with the P ar. B. 26 CFR Part 240 is amended as of pure dry sugar or liquid sugar for notice, interested persons were afforded follows; sweetening and adding a new paragraph an opportunity to submit written com­ (c). As amended, § 240.368 reads as ments or suggestions pertaining thereto. § 240.46 [Amended] follows: After consideration of all relevant matter 1. Section 240.46 is amended by chang­ presented regarding the proposed amend­ ing the phrase “less than 14 percent” to § 240.368 Sweetening of natural grape ments, the regulations as so published read “not more than 14 percent.” wine produced with the use of sugar. are hereby adopted, subject to the 2. Section 240,55 is amended to re­ * * * * * changes set forth below: define the term “Wine spirits.” As (b) Use of pure dry sugar or liquid Paragraph 1. Paragraph B 12 is amended, § 240.55 reads as follows: sugar. (1) Any natural grape wine pro­ changed by deleting the phrase “no more duced with the use of sugar and con­ than 14 percent” and inserting in lieu § 240.55 Wine spirits. taining less than 12 percent by weight of thereof the phrase “of not more than 14 “Wine spirits,” as authorized for use total solids, may be sweetened, after re­ percent”. in wine production by section 5373,1.RC., moval from the fermenters, with pure dry Par. 2. Paragraph B16 is changed to means brandy or wine spirits produced sugar or liquid sugar, if the total solids revise paragraph (a) of § 240.978d. in a distilled spirits plant (with or with­ content of the finished wine does not Because this Treasury decision im­ out the use of water to facilitate extrac­ exceed 12 percent by weight and the plements the provisions of Public Law tion and distillation) exclusively from alcoholic content of the finished wine 90-619 (82 Stat. 1236), effective Febru­ (a) fresh or dried fruit, or their residues, after sweetening is not more than 14 ary l, 1969, it is found impracticable and (b) the wine or wine residues therefrom, percent by volume. or (c) special natural wine; except that (2) Any natural grape wine of a wine­ contrary to the public interest to issue where, in the production of natural wine this Treasury decision subject to the maker’s own production, produced under or special natural wine, sugar has been the provisions of § 240.365, may be sweet­ effective date limitation of section 553 (d) used, the wine or the residuum thereof ened, after amelioration and fermenta- ' of title 5 of the United States Code. Ac­ may not be used if the unfermented- tion, and either before or after any ad­ cordingly, this Treasury decision shall sugars therein have been refermented. dition of wine spirits, with pure dry become effective February 1,1969. Such wine spirits shall not be reduced with water from the distillation proof, sugar or liquid sugar: Provided, That eternal Revenue Code (68A Stat. »17; 26 U.S.C. 7805)) nor be distilled at less than 140 degrees the total solids content of the finished of proof (except that codimercial brandy wine shall not exceed 17 percent by [seal] W il l ia m H. S m it h , aged in wood for a period of not less than weight if the alcoholic content is more Acting Commissioner 2 years, and barreled at not less than 100 than 14 percent by volume, and shall not of Internal Revenue. degrees of proof, shall be deemed wine exceed 21 percent by weight if the alco­ Approved; January 29,1969. spirits for the purpose of this part). 3. Section 240.363 is amended to re­ holic content is not more than 14 per­ W illiam F. H ellm u th , J r ., vise requirements respecting use of liquid cent by volume. Acting Assistant Secretary sugar, alcoholic content, and records. As (3) The use under this paragraph of of the Treasury. amended, § 240.363 reads as follows: liquid sugar shall be limited so "that the

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1 5 5 6 RULES AND REGULATIONS resulting volume will not exceed the vol­ sugar, alcohol content, and records. As be added to specially sweetened nat­ ume which could result from the maxi­ amended, § 240.406 reads as follows: ural wine. mum authorized use of pure dry sugar (72 Stat. 1386, as amended; 26 U.S.C. 5385) only. § 240.406 Use of pure dry sugar or liquid sugar. 10. Section 240.431 is amended to make (c) R ecords. Where wine is sweetened A winemaker producing wine from a conforming restatement of the text and with liquid sugar under the provisions of fruit or berries, other than grapes, or to update the statutory citation. As paragraph (b) of this section, a record from mixtures (which may include amended, § 240.431 reads as follows: of sweetening shall be kept in accordance grapes) of two or more fruits or berries, with § 240.914b. Where wine is sweetened with the addition of pure dry sugar or § 240.431 Blending. with concentrated or unconcentrated liquid sugar, but without water added to Specially sweetened natural wines may grape juice, or pure dry sugar, under reduce acid content, may add such pure be blended with each other, or with nat­ the provisions of this section, the gallons dry sugar or liquid sugar to the juice in ural wine or heavy bodied blending wine of wine before and after sweetening shall the fermenters, or to the wine after (including juice or concentrated juice to be determined and entered on the record fermentation: Provided, That such wine which wine spirits were added), in the provided for in § 240.908. shall have not more than 14 percent alco­ further production of specially sweetened (72 Stat. 1384, as amended; 26 U.S.C. 5383) hol by volume after complete fermenta­ natural wine only, if the wines (or juice) 5. Section 240.374 is amended to re­ tion, or after complete fermentation and so blended are made from the same kind vise the provisions respecting the addi­ sweetening, and a total solids content of fruit. tion of wine spirits. As amended, § 240.- not in .excess of 21 percent by weight. (72 Stat. 1383, as amended, 1386, as amended; 374 reads as follows: The use of liquid sugar under this section 26 U.S.C. 5382, 5385) shall be limited so that the resultant § 240.374 General. volume will not exceed the volume which §§ 240.461, 240.464 [Amended] Grape wine spirits may be added only could result from the maximum author­ 11. Sections 240.461 and 240.464 are to natural grape wine in a bonded wine ized use of pure dry sugar only. Where amended by changing the phrase “less cellar at which natural wine is produced pure dry sugar or liquid sugar is added to than 14 percent” to read “not more than by fermentation of juice or must, and the juice in the fermenters, the wine­ 14 percent”. which is located in the same State as maker shall maintain a separate record §§ 240.462, 240.463 [Amended] the bonded wine cellar where the nat­ thereof showing the kind and quantity ural grape wine was produced. The wine of juice (exclusive of pulp) deposited in 12. Sections 240.462 and 240.463 are spirits may be added only in wine spirits fermenters and the quantity of pure dry amended by changing the phrase “less addition tanks approved as provided in sugar or liquid sugar added thereto. than 14 percent” to read “of not more § 240.198. If the wine has been amelio­ Where wine produced as provided in this than 14 percent”. rated, wine s p i r i t s may be added section is sweetened after complete fer­ § 240.483 [Amended] mentation with liquid sugar, a record of (whether or not wine spirits were pre­ 13. Section 240.483 is ameitded by viously added) only if the wine contains sweetening shall be kept in accordance changing the phrase “14 percent or not more than 14 percent of alcohol by with § 240.914b. Where wine produced as more” to read “more than 14 percent”. volume derived from fermentation. The provided in this section is sweetened after complete fermentation with pure 14. Section 240.632 is amended to pro­ wine spirits will be procured as provided vide for the removal of unmarketable in Subpart PP of this part and will be dry sugar, the gallons of wine before and after sweetening shall be determined and special natural wine for use as distilling added to the wine under the supervision material and to amend the statutory cita­ of an internal revenue officer. The pro­ entered on the record provided for in § 24,0.908. After completion of fermenta­ tion. As amended, § 240.632 reads as prietor will advise the assistant regional follows: commissioner, or other designated offi­ tion of the wine, wine spirits may be cer, in sufficient time that an internal added thereto in accordance with the § 240.632 Special natural wine. revenue officer may be assigned. The as­ provisions of §§ 240.374 through 240.380. Unmarketable special natural wine sistant regional commissioner may per­ (72 Stat. 1383, as amended, 1385, as amended; may be removed to a distilled spirits mit the addition of wine spirits without 26 U.S.C. 5382, 5384) plant for use as distilling material in the supervision. § 240.409 [Amended] production of wine spirits (but not (72 Stat. 1381, 1382, as amended, 1383, as 8. Section 240.409 is amended to brandy) only pursuant to written appli­ amended, 1384, as amended; 26 U.S.C. 5366, change a reference to “§ 240.368(b) (3)” cation, in duplicate, filed with and ap­ 5373, 5382, 5383) in the last sentence to read “§ 240.368 proved by the assistant regional commis­ 6. Section 240.403 is amended to add a (c)”. sioner. Such application shall identify recordkeeping requirement and to update- 9. Section 240.430 is amended to the bonded wine cellar from which the the statutory citation. As amended, change the phrase “less than 14 percent” special natural wine will, be removed and § 240.403 reads as follows: the distilled spirits plant to which it will vo read “not more than 14 percent”, and be shipped, and may be filed to cover the § 240.403 Use of juice and concentrated to delete references to unfinished natural removal of a single lot of unmarketable juice for sweetening. wine. As amended, § 240.430 reads as follows: special natural wine or for continuing Natural fruit wine may be sweetened authority for such removals. Where sugar by the addition of concentrated or un­ § 240.430 Production. has been used in the production of spe­ concentrated juice made from the same Specially sweetened natural wine is cial natural wine, such wine may not be kind of fruit, the only limitation being produced by adding to natural wine of removed for use as distilling material if that the finished wine may not have a the proprietor’s own production sufficient the unfermented sugars therein have total solids content in excess of 21 per­ dry sugar, or juice or concentrated juice been fermented prior to such removal. If cent by weight. If wine spirits are added, wine Spirits produced from special nat­ the wine may be sweetened with juice or of the same kind of fruit, separately or in ural wine contain any flavor character­ concentrated juice either before or after combination, so that the finished prod­ istics of such wine, the wine spirits may the addition of wine spirits. The gallons uct has a total solids content in excess of be used only in the production of a spe­ of wine before and after sweetening as 17 percent by weight, a total solids con­ cial natural wine. provided in this section, shall be deter­ tent not over 35 percent by weight, and (72 Stat. 1382, as amended; 26 U.S.C. 5373) mined and entered on the record pro­ an alcohol content not more than 14 per­ vided for in § 240.908. 15. Section 240.914b is amended to re­ cent by volume. Natural wine containing quire a separate record of sweetening only (72 Stat. 1383, as amended; 26-AJ.S.C. 5382) added wine spirits may be used in the in those cases where liquid sugar is used 7. Section 240.406 is amended to re­ production of specially sweetened nat­ fnr Kwpptpniner. As amended. § 240.914° vise requirements respecting use of liquid ural wine; however, wine spirits may not reads as follows:

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1557 § 240.914b Record of sweetening. § 240.978e Table IVb showing the pounds of sugar required to raise 1 gallon of Each proprietor who sweetens natural juice to 12, 17, and 21 degrees Brix and the resultant gallonage. wine with liquid sugar under the provi­ T able IVb sions of this part shall maintain separate records of such sweetening on a daily 12 Degrees Brix 17 Degrees Brix 21 Degrees Brix B rix o f ju ice ------;— ----- :------— ------;------— ------basis. No form of record is prescribed, Pounds cane Resultant Pounds cane Resultant Pounds cane Resultant but the record shall include the follow­ or beet sugar gallonage or beet sugar gallonage or beet sugar gallonage. ing: (a) The gallons and degrees Brix of the 0 .. 1.13 5 6 7 1.08476 1.70578 1.12 7 13 2.21383. 1.16497 wine before sweetening; 1- 1.04434 1.07733 1.61055 1 .119 4 1 2 .115 13 1.15700 2.. 0.95309 1.07059 1.51576 1 .112 4 1 2.01718 1.14976 (b) The gallon equivalent of dry sugar 3 .. 0.8 6 113 1.06380 1.42022 1.10535 1.91846 1.14 246 that would have been required to sweeten 4 „ 0.76844 1.05694 1.32393 1.09823 1.81896 1.13 5 10 5 .. 0.67502 1.05003 1.22688 1.09105 1.71867 1.12 7 6 8 the quantity of wine reported under 6.. 0.58086 1.04306 1.12906 1.08381 1.61758 1.12020 paragraph (a) of this section to its max­ 7_. 0.48596 1.03604 1.03047 1.07651 1.51570 1.11265 imum authorized total solids content; 8.. 0.39030 1.02895 0.93109 1.06915 1.41300 1.10 504 9 .. 0.29389 1 . 02Ì81 0.83092 1.06172 1.30949 1.09737 (c) The gallons of liquid sugar used for 10. 0.196 71 1.01460 0.72995 1.05423 1.205 14 1.08963 sweetening; and 11. 0.09875 1.00733 0.62817 1.04668 1.09995 1.08182 12. 0.00000 1.00000 0.52557 1.03906 0.99392 1.07395 (d) The gallons and degrees Brix of 13. 0.4 2214 1 .0 3 1 3 8 0.88703 1.06601 the wine produced by sweetening. 14. 0.31788 1.02364 0.77928 1.05800 15. 0.21278 1.01583 0.67066 1.04993 Supporting records shall be maintained 16. 0.10682 1.00794 0.56115 ' 1.04178 17. 0.00000 1.00000 0.45075 1.03357 showing the basis for entries in the sep­ 18. 0.33944 1.02529 arate records. The quantity of wine be­ 19. 0.22722 1.01693 fore sweetening and the quantity of wine 20 . 0.114 15 1.00917 produced by sweetening, recorded in the 21. 0.00000 l.OOOOO' separate records, shall be totaled daily, by tax classification, and entered on the [F.R. Doc. 69-1325; Filed, Jan. 30, 1969; 8:50 a.m.] record of still wine required by § 240.908. If the dfita required by this section is the various duties with respect to seizures recorded directly on the record of still Title 28— JUDICIAL and forfeitures of wire and oral com­ wine required by § 240.908, the separate munication intercepting devices under records required by this section need not ADMINISTRATION section 2513 of title 18, United States be maintained. Code which are comparable to the duties Chapter I-—Department of Justice performed by collectors of customs or (72 Stat. 1381; 26 U.S.C. 5367) [Order 409-69] other persons with respect to the seizure 16. Two new sections, §§ 240.978d and and forfeiture of vessels, vehicles, mer­ 240.978e, are added immediately follow­ PART 8— CONFISCATION OF WIRE chandise, and baggage under the cus­ ing § 240.978c to provide instructions and OR ORAL COMMUNICATION IN­ toms laws. The Assistant Attorney Gen­ a table respecting limitations on the use TERCEPTING DEVICES eral in charge of the Criminal Division of liquid sugar for sweetening. As added, By virtue of the authority vested in me is designated as the officer authorized to §§ 240.978d and 240.978e read as follows: take final action under section 2513 of by sections 509 and 510 of title 28, sec­ title 18, United States Code on claims § 240.978d Instructions respecting limi­ tion 301 of title 5, and section 2513 of for remission or mitigation of forfeitures, tations on use of liquid sugar. title 18, United States Code, Chapter I of offers of payment for release of property, (a) Table prescribed. The / table in Title 28 of the Code of Federal Regula­ claims for award of compensation to. an § 240.978e shows the pounds of pure dry tions is amended by inserting after Part informer, offers in compromise and mat­ sugar (cane or beet) required to raise the 7 a new Part 8 as follows: ters relating to bonds or other security. total solids of one gallon of juice (de- Sec. alcoholized wine) to 12, 17, and 21 de­ 8.1 Seizure of intercepting devices. The amendment made by this order grees Brix. This table may be used in 8.2 Seized intercepting devices. shall be effective upon publication in the F ederal R eg ister. determining the maximum quantity of A uthority: The provisions of this Part 8 liquid sugar that may be used for sweet­ issued under secs. 509, 510, Title 28; sec. 301, Dated: January 23, 1969. ening natural wine under the provisions Title 5; sec. 2513, Title 18; U.S.C. J ohn N. M it c h e l l, of this part. Where a liquid sugar other § 8.1 Seizure of intercepting devices. than a sucrose solution is to be used for Attorney General. sweetening, the values given in Table The Director, Associate Director, As­ [F.R. Doc. 69-1285; Filed, Jan. 30, 1969; jyb would be applicable to the computa­ sistant to the Director, Assistant Direc­ 8 :4 7 a.m.] tion of the maximum quantity of such tors, inspectors and agents of the Federal liquid sugar that may be used for Bureau of Investigation are authorized sweetening. to exercise the power and authority vested in the Attorney General by sec­ Title 32— NATIONAL DEFENSE (b) Example. Find the maximum tion 2513 of title 18, United States Code quantity of liquid sugar that may be to make seizures of wire or oral com­ Chapter XVIII— Office of Civil Defense, used to sweeten 500 gallons of wine hav­ Office of the Secretary of the Army ing a solids content of 3 degrees Brix, munication intercepting devices. it such wine may be sweetened to a max- § 8.2 Seized intercepting devices. PART 1812— EQUAL OPPORTUNITY mum solids content of 17 degrees Brix. All wire or oral communication inter­ FOR EMPLOYMENT IN FEDERALLY (1) Find the figure 3 in the left-hand cepting devices seized pursuant to sec­ ASSISTED CONSTRUCTION co*umn of Table IVb in § 240.978e. tion 2513 of title 18, United States Code ■ Opposite the figure 3, the result­ Chapter XVIII of Title 32 of the Code shall be held for or turned over to the of Federal Regulations is amended by ad­ ant gallonage for each gallon of wine is U.S. Marshal for the district in which dition of new Part 1812, as follows: found in the fifth column and is 1.10535, the seizure was made. Except for the or an increase of 0.10535 gallon for each power and authority conferred by § 8.1 Sec. gallon. and the powers described in the last 1812.1 Explanation, purpose and applica­ sentence of this section, U.S. Marshals tion. (3) 0.10535X500=52.675 gallons of are, in accordance with section 2513 of 1812.2 Definitions. quid sugar, the maximum quantity that title 18, United States Code, authorized 1812.3 Equal opportunity clause applicable may be used. to federally assisted construction and designated as the officers to perform contracts.

No. 21------g ¡FEDERAL REGISTER, VOL. 34, NO. 21—‘FRIDAY, JANUARY 31, 1969 1558 RULES AND REGULATIONS

Sec. pliance with respect to employment prac­ insurance, or guarantee under which the 1812.4 Exemptions. tices subject to title VI of the Civil Rights applicant itself participates in the con­ 1812.5 Subcontracts. Act of 1964. The rights and remedies of struction work. 1312.6 Adaptation of language. the Government hereunder are not ex­ (k) The term “Government” means 1812.7 Incorporation by reference and by clusive and do not affect rights and the Government of the United States of operation of the order and the regulations. remedies provided elsewhere by law, reg­ America. 1812.8 Duties and responsibility of States ulation, or contract; neither do the reg­ (l) The term “OCD” means the Office to, OCD. ulations in this part limit the exercise of Civil Defense, Office of the Secretary 1812.9 Elimination of segregated facilities. of power by the Secretary of Labor or of the Army, Department of Defense. 1812.10 Notice of certification of nonsegre- the Department of Defense or other Gov­ (m) The term “order” means Parts gated facilities. ernment agencies granted to them by the i n and IV of the Executive Order 11246 1812.11 Required certification of nonsegre- Executive order or the regulations of the dated September 24,1965 (30 F.R. 12319), gated facilities. Secretary of Labor. any Executive order amending such 1812.12 Preaward information and reviews. 1812.13 Reports and other required infor­ § 1812.2 Definitions. order, and any other Executive order m ation. superseding such order. 1812.14 Compliance reviews. (a) The term “administering agency” (n) The term “person” means any 1812.15 Complaints. or “agency” means the Department of natural person, corporation, partnership, 1812.16 Resolution of matters. Defense (DoD). The term includes the unincorporated association, State, or 1812.17 Sanctions and penalties. OCD as a DoD component administer­ local government, and any agency, in­ 1812.18 Show cause notices. ing the program of Federal grants for strumentality, or subdivision of such a 1812.19 Reinstatement of ineligible con­ civil defense use. government. tractors. (b) The term “applicant” means any 1812.20 Intimidation and interference. (o) The term “prime contractor” 1812.21 Affirmative action compliance pro­ State and any political subdivision there­ means any person holding a contract grams. of which joins with the State, applying to and, for the purpose of enforcement, 1812.22 Notices to be posted. OCD for Federal financial assistance, compliance review and complaint pro­ 1812.23 Access to records of employment. pursuant to the Act, involving a con­ cedure, any person who has held a con­ struction contract. The term also in­ Autho rity : The provisions of this Part tract subject to the order. 1812 issued under secs. 201, 205, and 401, 64 cludes such States and political subdivi­ (p) The term “site of construction” Stat. 1245-1257, 50 U.S.C. App. 2251-2297; Re­ sions after they become . recipients of means the general physical Ideation of organization Plan No. 1 of 1958; 72 Stat. 1799, Federal assistance and whether or not any building, highway, or other change Executive Order 10952; 26 F.R. 6577; Estab­ entering into a construction contract was or improvement to real property which lishment of the Office of Civil Defense and contemplated at the time the Federal is undergoing construction, rehabilita­ Delegation of Authority Regarding Civil De­ assistance was requested. tion, alteration, conversion, extension, fense Functions, 29 F.R. 5017. (c) The term “construction work” demolition, or repair and any temporary § 1812.1 Explanation, purpose and ap­ means the construction, rehabilitation, location or facility at which a contractor, plication. alteration, conversion, extension, demoli­ subcontractor, or other participating (a) The regulations in this Part 1812 tion or repair of buildings, highways, or party meets a demand or performs a are supplemental to those of 41 CFR other changes or improvements to real function relating to the contract or Part 60-1 and other rules, regulations, property, including facilities providing subcontract. and orders of the Secretary of Labor or utility services. The term also includes (q) The term “subcontract” means his designee issued pursuant to Execu­ the supervision, inspection, and other on­ any agreement or arrangement between tive Order 11246, and any Executive site functions incidental to the actual a contractor and any person (in which order amending or superseding such construction. the parties do not stand in the relation­ order, for the purpose of achieving the (d) The term “contract” means any ship of an employer and an employee): aims of part in of the Executive order. federally assisted construction contract. (1) For the furnishing of supplies or Although portions of 41 CFR Part 60-1 (e) The term “contractor” means, un­ services or for the use of real or personal are set forth or summarized herein, less otherwise indicated, a prime contrac­ property, including lease arrangements, reference to 41 CFR Part 60-1 must be tor or subcontractor. which, in whole or in part, is necessary made to assure full information and (f) The term “Contract Compliance to the performance of any one or more compliance. Officer” means the Assistant Secretary of contracts; or * (b) The purpose of regulations in this Defense (Manpower and Reserve Af­ (2) Under which any portion of the Part 1812 is to provide for the inclusion fairs) , DoD. contractor’s obligation under any one or of clauses in grant documents and to pro­ (g) The term “Deputy Contract Com­ more contracts is performed, under­ vide for procedures to meet the require­ pliance Officer” means the Director, De­ taken, or assumed. ments of 41 CFR Part 60-1 for the fense Supply Agency (DSA), DoD. (r) The term “subcontractor” mean*; promotion and insuring of equal oppor­ (h) The term “Director” means the any person holding a subcontract and, tunity for persons, without regard to Director, Office of Federal Contract Com­ for the purposes of enforcement, com­ race, color, religion, sex, or national ori­ pliance, U.S. Department of Labor, or pliance review and complaint procedure, gin, employed or seeking employment his delegate. any person who has held a subcontract with contractors performing under con­ (i) The term “equal opportunity subject to the order. The term first- struction contracts which are federally clause” means the contract provisions set tier subcontractor” refers to a subcon­ assisted by means of a financial contribu­ forth under the heading “Equal Oppor­ tractor holding a subcontract with a tion to a State, or through the State to tunity Clause” of paragraph (a) of prime contractor. a political subdivision thereof, under sec­ § 1812.3. (Also see.41 CFR 60-1.4.) (s) The term “United States” or tion 201 (i) or section 205 of the Federal (j) The term “federally assisted con­ “States” as used herein shall include tne Civil Defense Act of 1950, as amended struction contract” means any agreement several States, the District of Columbia, (50 U.S.C. App. 2251-2297). or modification thereof between any ap­ the' Commonwealth of Puerto ^ 1C0, (c) The regulations in this Part 1812 plicant and a person for construction the Panama Canal Zone, and the posses­ apply to all applicants to OCD for Fed­ work which is paid for in whole or in part sions of the United States. eral financial assistance under section with funds obtained from the Govern­ 1812.3 Equal opportunity clausc ap- ment or borrowed on the credit of the plicable to federally assisted con­ 201 (i) or section 205 of the Federal Civil Government pursuant to any Federal Defense Act of 1950, as amended (50 program involving a grant, contract, struction contracts. U.S.C. App. 2251-2297) Which may in­ loan, insurance, or guarantee, or under­ The provisions set forth in clude a construction contract and to all taken pursuant to any Federal program a) through (d) of this § 1812.3 sh contractors and subcontractors perform­ involving such grant, contract, loan, in­ ncluded as a part of the terms a n d con ing under such federally assisted con­ surance, or guarantee, or any application litions applicable to the making o tracts. The regulations in this part do not or modification thereof approved by the ;rant of Federal financial assistance yard the costs of any construction apply to any action taken to effect com- Government for a grant, contract, loan,

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1559 which is not exempt (under 41 CFR 60- tor may be declared ineligible for further are set forth at 41 CFR 60-1.5 to which 1.5) from the requirements of the equal Government contracts or federally assisted reference should be made. Two of par­ opportunity clause. The provisions may construction contracts in accordance" with procedures authorized in Executive Order ticular concern to participants under the be incorporated by reference, and by 11246 of September 24, 1965, and such other OCD grant program are: operation of the order and the regula­ sanctions may be imposed and remedies in­ (a) Transactions of $10,000 or under. tions in 41 CFR Part 60-1 and this Part voked as provided in Executive Order 11246 Any federally assisted construction con­ 1812, they shall be considered to be in­ of September 24, 1965, or by rule, regulation, tract, or subcontract thereunder not ex­ corporated with or without reference, in or order of the Secretary of Labor, or as ceeding $10,000 in amount is exempt every project application agreement or otherwise provided by law. from the requirements of the equal op­ other document setting forth the terms (7) The contractor will include this equal portunity clause. The amount of such opportunity clause (the portion of the sen­ and conditions of a grant of Federal tence immediately preceding paragraph (1) contract or subcontract rather than the financial assistance toward construction and/the provisions of paragraphs ( 1 ) through amount of the Federal financial assist­ costs. (7) ) in every subcontract or purchase order ance shall govern. No applicant, con­ (a) The applicant hereby agrees that it unless exempted by rules, regulations, or tractor, or subcontractor shall procure will incorporate or cause to be incorporated orders of the Secretary of Labor issued pur­ supplies or services in less than usual Into any contract for construction work, or suant to section 204 of Executive Order 11246 quantities to avoid applicability of the modification thereof, as defined in the regu­ of September 24, 1965, so that such provi­ equal opportunity clause. lations of the Secretary of Labor at 41 CFR sions will be binding upon each subcontrac­ (b) Specific limitations regarding Chapter 60, which is paid for in whole or in tor or vendor. The contractor will take such part with funds obtained from the Federal action with respect to any subcontract or pur­ State or local government§. The require­ Government or borrowed on the credit of -the chase order as the administering agency may ments of the equal opportunity clause in Federal Government pursuant to a grant, direct as a means of enforcing such provi­ any contract or subcontract with a State contract, loan, insurance, or guarantee, or sions, including sanctions for noncompli­ or local government (or any agency, in­ undertaken pursuant to any Federal program ance: Provided, however, That in the event strumentality or subdivision thereof) involving such grant, contract, loan, insur­ a contractor becomes involved in, or is shall not be applicable to any agency, ance, or guarantee, the following equal op­ threatened with, litigation with a subcon­ instrumentality or subdivision of such portunity clause: tractor or vendor as a result of such direction by the administering agency, the contractor government which does not participate Equal Oppo rtu n ity Clau se may request the United States to enter into in work on or under the contract or sub­ During the performance of this contract, such litigation to protect the interests of the contract. In addition, State and local the contractor agrees as follows: United States. governments are exempt from the re­ (1) The contractor will not discriminate (b) The applicant agrees that it will be quirements of filing the annual compli­ against any employee or applicant for em­ bound by the above equal opportunity clause ance report provided for by 41 CFR ployment because of race, color, religion, sex, with respect to its own employment practices 60-1.7(a) (D—see § 1812.13(a) (1), and or national origin. The contractor will take when it participates in federally assisted con­ maintaining a written affirmative action affirmative action to insure that applicants struction work: P r o v id e d , That the above are employed, and that employees are treated equal opportunity clause is not applicable compliance program prescribed by 41 during employment without regard to their to any agency, instrumentality or subdivision CFR 60-1.40—see § 1812.21. race, color, religion, sex, or national origin. of such applicant government whiçh does § 1812.5 Subcontracts. Such action shall include, but not be limited not participate in work on or under the to the following: Employment, upgrading, contract. Each nonexempt prime contractor and demotion, or transfer; recruitment or re­ (c) The applicant agrees that it will assist subcontractor under a federally assisted cruitment advertising; layoff or termination; and, cooperate actively with the administer­ construction contract shall include the rates of pay or other forms of compensation; ing agency and the Secretary of Labor in ob­ equal opportunity clause in each of their and selection for training, including appren­ taining the compliance of contractors and ticeship. The contractor agrees to post in subcontractors with the equal opportunity nonexempt subcontracts. conspicuous places, available to employees clause and the rules, regulations, and rele­ § 1812.6 Adaptation of language. and applicants for employment, notices to vant orders of the Secretary of Labor, that it be provided setting forth the provisions of will furnish the administering agency and Such necessary changes in language this equal opportunity clause. the Secretary of Labor such information as may be made in the equal opportunity (2) The contractor will, in all solicitations they may require for the supervision of such clause as shall be appropriate to iden­ or advertisements for employees placed by compliance, and that it will otherwise assist tifying properly the parties and their or on behalf of the contractor, state that all the administering agency in the discharge of undertakings. qualified applicants will receive considera­ the agency’s primary responsibility for se­ tion for employment without regard to race, curing compliance. § 1812.7 Incorporation by reference, color, religion, sex, or national origin. (d) The applicant agrees that it will re­ and by operation of the order and the (3) The contractor will send to each labor frain from entering into any contract or con­ regulations. union or representative of workers with tract modification subject to Executive Or­ which he has‘a collective bargaining agree­ der 11246 of September 24, 1965, with a con­ (a) The equal opportunity clause may ment or other contract or understanding, a tractor debarred from, or who has not dem­ be incorporated by reference in contracts notice to be provided advising the said labor onstrated eligibility for, Government con­ and subcontracts less than $50,000, and union or workers’ representatives of the con­ tracts and federally assisted construction such other contracts as the Director may tractor’s commitments under this equal contracts pursuant to the Executive order designate. opportunity clause, and shall post copies of and will carry out such sanctions and pen­ (b) By operation of the order, the he notice in conspicuous places available alties for violation of the equal opportunity to employees and applicants for employ- clause as may be imposed upon contractors equal opportunity clause shall be con­ and subcontractors by the administering sidered to be a part of every contract and (4) The contractor will comply with al agency or the Secretary of Labor pursuant subcontract required by the order and provisions of Executive Order 11246 of Sep- to Part II, Subpart D of the Executive order. the regulations in 41 CFR Part 60-1 to ember 24, 1965, and of the rules, regulations In addition, the applicant agrees that if it include such clause whether or not it is anorelevant orders of the Secretary of Labor failed or refuses to comply with these under­ physically incorporated in such con­ (*>) The contractor will furnish all infor- takings, the administering agency may take tracts and by operation of this Part 1812 nf,, n, ,and r6P°rts required by Executiv« any or all of the following actions: Cancel, order 11246 of September 24, 1965, and bi terminate, or suspend in whole or in part this whether or not such contract has been rules, regulations, and orders of the Secre- grant (contract, loan, insurance, guarantee) ; put in writing. Labor> or pursuant thereto, and wii: refrain from extending any further as­ § 1812.8 Duties and responsibilities of accass to his books, records, and ac- sistance to the applicant under the program States to OCD. ¡w l+ 1by ^he administering agency and th< with respect to which the failure or refund tirm +•ary Labor for purposes of investiga* occurred until satisfactory assurance of fu­ (a) As to each contributions project rp i o ascertain compliance with such rules ture compliance has been received from such • OCD relies upon the State as the appli­ regulations, and orders. applicant; and refer the case to the Depart­ cant and the State shall be responsible to cnmLIU the event the Contractor’s non- ment of Justice for appropriate legal pro­ OCD for obtaining compliance with the ceedings. clauS *the equal opportunity equal opportunity clause, the order, the sain m if ^bls contract or with any of th< § 1812.4 Exemptions. tract rv,68’ t e&tdatl6ns> or orders, th is con* regulations in 41 CFR Part 60-1 and in pendJffl fauceied, terminated, or sus- The exemptions provided by the Sec­ this Part 1812, and orders issued pur­ P ded in whole or in part and the contrac- retary of Labor pursuant to the order suant thereto. The State shall cooperate

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1560 RULES AND REGULATIONS with the appropriate OCD Regional Di­ assistance where the applicant will itself a single certification may be submitted rector and shall furnish him such infor­ perform a federally assisted construction periodically (quarterly, semiannually, or mation and assistance as the OCD may contract exceeding $10,000 which is not annually) rather than with e ac h require in the performance of its func­ exempt from the provisions of the equal transaction. tions under the order. opportunity clause. (b) Certification to be submitted by (b) Prior to OCD making any pay­ (b) The applicant shall notify prospec­ federally assisted construction contrac­ ment or advance toward the costs of any tive federally assisted construction con­ tors of applicants and their subcontrac­ project which involves construction work tractors of the Certification of Nonsegre­ tors; and by applicants who are them­ exceeding $10,000, the State must cer­ gated Facilities required, as follows; selves performing federally assisted con­ tify that: (1) All contractors and sub­ Notice to P rospective F ederally Assisted struction contracts: contractors performing" under federally C onstruction Contractors C ertification of Nonsegregated F acilities assisted construction contracts and re­ lated subcontracts exceeding $10,000 (1) A Certification of Nonsegregated (1) (Applicable to federally assisted con­ have:

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 3 1 , 1969 RULES AND REGULATIONS 1561 compliance reports required by Executive (2) Each person required to submit § 1812.14 Compliance reviews. Order 10925, 11114, or 11246, or by regu­ reports shall file such a report with the lations of the Equal Employment Oppor­ OCD within 30 days after the award to (a) The Deputy Contract Compliance tunity Commission issued pursuant to him of a contract or subcontract, unless Officer conducts a program of compli­ Title VII of the Civil Rights Act of 1964. such person has submitted such a report ance reviews. The purpose of a compli­ (b) The Deputy Contract Compliance within 12 months preceding the date of ance review is to determine if the prime Officer will review the available ­ the award. Subsequent reports shall be contractor or subcontractor maintains tion relative to the prospective prime submitted annually or at such other in­ nondiscriminatory hiring and employ­ contractor’s equal opportunity compli­ tervals as the OCD or the Director may ment practices and is taking affirmative ance status and notify the appropriate require. The OCD with the approval of action to insure that applicants are em­ OCD Regional Director of any deficien­ the Director may extend the time for ployed and that employees are placed, cies found to exist. filing any report. trained, upgraded, promoted, and other­ (c) The State, upon notice from the (3) The Director or the OCD or the wise treated during employment without O C D Regional Director, shall: (1) Notify applicant, on their own motions, may re­ regard to race, color, religion, sex, or na­ the bidder, offeror, or applicant of any quire a prime contractor to keep employ­ tional origin. It consists of a compre­ deficiencies found to exist by the Con­ ment or other records and to furnish, in hensive analysis and evaluation of each tract Compliance Officer or Deputy Con­ the form requested, within reasonable aspect of the aforementioned practices, tract Compliance Officer and (2) direct limits, such information as the Director, policies, and conditions resulting there­ any bidder, offeror, or applicant so noti­ or the OCD or,the applicant deems neces­ from. Where necessary, recommenda­ fied to negotiate with the Contract Com­ sary for the administration of the order. tions for appropriate sanctions will be pliance Officer and to take such actions (4) Failure to file timely, complete and made. as the Contract Compliance Officer may accurate reports as required constitutes (b) Where deficiencies are found to require. exist, reasonable efforts will be made to noncompliance with the prime con­ secure compliance through conciliation (d) The award of any such contract tractor’s or subcontractor’s obligations and persuasion. Before the contractor shall be conditioned upon the Contract under the equal opportunity clause and can be found to be in compliance with Compliance Officer’s notification to the is ground for the imposition by the OCD, the order, it must make a specific com­ OCD Regional Director, and by the OCD the Director, an applicant, prime con­ mitment, in writing, to correct any such Regional Director to the State, that the tractor or subcontractor, of any sanc­ deficiencies. The commitment must in­ bidder, offeror or applicant has taken tions as authorized by the order and the clude the precise action to be taken and action or has agreed to take action satis­ regulations in 41 CFR Part 60-1. Any dates for completion. The time period factory to the Contract Compliance Of­ such failure shall be reported in writing allotted shall be no longer than the mini­ ficer or Deputy Contract Compliance to the Director by the OCD as soon as mum period necessary to effect such Officer as provided in 41 CFR 60-1.20(b). practicable after it occurs. changes. Upon approval of the Contract If the Contract Compliance Officer so re­ (b) Requirements for bidders or pro­ Compliance Officer or the Deputy Con­ quires, (1) such agreement to take ac­ spective contractors— (1) Previous re­ tract Compliance Officer of such com­ tion shall be stated in the contract; and ports. Each bidder or prospective prime mitment, the contractor may be con­ (2) in addition, in cases where the ap­ contractor and proposed subcontractor, sidered in compliance, on condition that plicant is performing federally assisted where appropriate, shall state in the bid the commitments are faithfully kept. The construction work, in an appropriate or at the outset of negotiations for the making of such commitments does not grant document (e.g., an OCD approved contract whether it has participated in preclude future determinations of non- project application). any previous contract or subcontract sub­ compliance based on a finding that the § 1812.13 Reports and other required ject to the equal opportunity clause; and, commitments are not sufficient to achieve information. if so, whether it has filed with the Joint compliance. Reporting Committee, the Director, an (a) Requirements for prime contrac­ agency, or the former President’s Com­ § 1812.15 Complaints. tors and subcontractors. (1) Each appli­ mittee on Equal Employment Opportu­ (a) Who may file. Any employee of cant shall require its contractor (s) and nity all reports due under the applicable any contractor or person applying for each prime contractor shall file, and each filing requirements. In any case in which employment with such contractor may, prime contractor and subcontractor shall a bidder or prospective prime contractor by himself or by an authorized repre­ cause its subcontractors to file, annually, or proposed subcontractor which par­ sentative, file in writing a complaint of on or before the 31st day of March, com­ ticipated in a previous contract or sub­ alleged discrimination in violation of the plete and accurate reports on Standard contract subject to Executive Order equal opportunity clause. Such com­ Form 100 (EEO-1) promulgated jointly 10925, 11114, or 11246 has not filed a re­ plaint is to be filed not later than 180 by the Office of Federal Contract Com­ port due under the applicable filing re­ days from the date of the alleged dis­ pliance, the Equal Employment Oppor­ quirements, no contract or subcontract crimination, unless the time for filing is tunity Commission and Plans for Prog­ shall be awarded unless such contractor extended by the agency or the Director ress or such form as may hereafter be submits a report covering the delinquent upon good cause shown. promulgated in its place if such prime period or such other period specified by (b) Where to file. Complaints may be contractor or subcontractor (i) is not the OCD or the Director. filed with the OCD or with the Director. exempt from the provisions of the regu­ (2) Additional information. Each bid­ Those filed with the Director may lations in accordance with 41 CFR der or prospective prime contractor or be referred to the agency for processing, (*i) has 50 or more employees; proposed subcontractor shall submit such or they may be processed in accordance uu) 18 a Prime contractor or first tier information as the OCD or the Director with 41 CFR 60-1.25. Those filed with subcontractor; and (iv) has a contract, requests prior to the award of the con­ OCD will be referred to the Deputy Con­ subcontract or purchase order amount­ tract or subcontract. When a determina­ tract Compliance Officer for processing. ing to $50,000 or more or serves as a de­ tion has been made to award the contract (c) C ontents. (1) The complaint positary of Government funds in any or subcontract to a specific contractor, should include the name and address of amount, or is a financial institution such contractor shall be required, prior the prime contractor or subcontractor to award, or after the award, or both, to committing the alleged discrimination, a tt QCh 1S .an issuing and Paying agent for furnish such other information as the description of the acts considered to be • . savings bonds and savings notes; OCD, the applicant, or the Director discriminatory, and any other pertinent rornded, That any subcontractor below requests. information which will assist in the in­ e first tier which performs construc- (c) Use of reports. Reports filed pur­ vestigation and resolution of the com­ on work at the site of construction shall suant to this section shall be used only in plaint. The complaint shall be signed su°h a report if it connection with the administration of by the complainant or his authorized meets requirements of subdivisions (i), the order, the Civil Rights Act of 1964, representative. or in furtherance of the purposes of the (2) Where a complaint contains in­ ’ and of this subparagraph. order and said act. complete information, the agency or the

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1562 RUIE5 AND REGULATIONS Director will seek promptly the needed to the Director. In connection with the (3) An analysis of upgrading, transfer, information from the complainant. In reinstatement proceedings, the prime and promotion for the past year to de­ the event such information is not fur­ contractor or subcontractor shall be re­ termine whether equal employment nished to the agency or the Director quired to show that it has established opportunity is being afforded. within 60 days of the date of such request, and will carry out employment policies (c) Maintenance of programs. Within the case may be closed. and practices in compliance with the 120 days from the commencement of the equal opportunity clause. contract, each contractor shall maintain § 1812.16 Resolution of matters. a copy of separate affirmative action

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 RULES AND REGULATIONS 1563 Title 49— TRANSPORTATION Chapter III— Federal Highway Ad­ ministration, Department of Trans­ portation SUBCHAPTER A— MOTOR VEHICLE SAFETY REGULATIONS PART 375— CONSUMER INFORMA­ TION REGULATIONS Vehicle Stopping Distance; Correction In F.R. Doc. 69-1008 beginning at page 1246 of the issue for Saturday, Janu­ ary 25, 1969, the following corrections should be made. The second sentence in the sixth full paragraph on page 1247 should read: “A definition of the power assist system has been included in paragraph (c) (5) .of this section as requested.” The first sentence in § 375.101(e) (1) (vi) on page 1249 should read: (vi) Vehicle weight, except for the demonstrations specified in subpara­ graph (2) (i) (d) and (e) of this para­ graph shall be maximum loaded vehicle weight. * * * D o w e l l H . A n ders, Deputy Chief Counsel. [F.R. Doc. 69-1287; Filed, Jan. 30, 1969; 8 :4 7 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 r m Proposed Rule Making

(d) Safeguards. Each handler making would designate a 1,200 feet AGL north DEPARTMENT OF AGRICULTURE shipments of potatoes for potato chip­ alternate to VOR Federal airway No. 70 Consumer and Marketing Service ping, canning, freezing, livestock feed, from Eufaula, Ala., via Macon, Ga., or charity in accordance with paragraph Dublin, Ga., to the intersection of Dublin [ 7 CFR Part 953 ] (c) of this section shall: 101° True (101° Mag.) and Allendale (1 ) Notify the committee of his intent 247° True (248° Mag.) radials (Oconee IRISH POTATOES GROWN IN to ship potatoes pursuant to paragraph INT). SOUTHEASTERN STATES (c) of this section by applying on forms Interested persons may participate in Limitation of Shipments furnished by the committee for a Cer­ the proposed rule making by submitting tificate of Privilege applicable to such such written data, views, or arguments as Consideration is being given to the is­ special purpose shipments; they may desire. Communications should suance of the limitation of shipments (2) Obtain an approved Certificate of identify the airspace docket number and regulation, hereinafter set forth, which Privilege; be submitted in triplicate to the Direc­ was recommended by the Southeastern (3) Prepare on forms furnished by tor, Southern R e g io n , Attention: Potato Committee, established pursuant the committee a special purpose ship­ Chief, Air Traffic Division, Federal Avia­ to Marketing Agreement No. 104 and ment report for each such individual tion Administration, Post Office Box Order No. 953, both as amended (7 CFR shipment; and 20636, Atlanta, Ga. 30320. All communi­ Part 953; 33 F.R. 8502, 8506) regulating (4) Forward copies of such special cations received within 30 days after pub­ the handling of Irish potatoes grown in purpose shipment report to the com­ lication of this notice in the F ederal the designated counties of Virginia and mittee offioe and to the receiver with in­ R egister will be considered before action North Carolina. This program is effective structions to the receiver that he sign is taken on the proposed amendments. under the Agricultural Marketing Agree­ and return a copy to the committee’s The proposals contained in this notice ment Act of 1937, as amended (7 U.S.C. office. Failure of the handler or receiver may be changed in the light of comments 601 et seq.). to report such shipments by promptly received. All persons who desire to submit signing and returning the applicable An official docket will be available for written data, views, or arguments in con-' special purpose shipment report to the examination by interested persons at the nection with this proposal may file the committee office shall be cause for sus­ Federal Aviation Administration, Office same in four copies with the Hearing pension of such handler’s Certificate of of the General Counsel, Attention: Rules Clerk, Room 112, U.S. Department of Privilege applicable to such special pur­ Docket, 800 Independence Avenue SW., Agriculture, Washington, D.C. 20250, not pose shipments. Washington, D.C. 20590. An informal later than 30 days after publication of (e) M inimum quantity exception. docket also will be available for examina­ this notice in the F ederal R eg ister. All Each handler may ship up to, but not to tion at the office of the Regional Air written submissions made pursuant to exceed, 5 hundredweight of potatoes any Traffic Division Chief. this notice will be made available for day without regard to the inspection and The proposed alternate airway would public inspection at the office of the assessment requirements of this part, be used for eastbound IFR departures Hearing Clerk during regular business but this exception shall not apply to any from Lawson AAF and thus relieve traffic hours (7 CFR 1.27(b)). The proposed' portion of a shipment that exceeds 5 congestion to the north and west of that regulation is as follows: hundredweight of potatoes. airport. Because of Restricted Area § 953.309 Limitation of shipments. (f ) Definitions. The term “U.S. No. 2,” R-3002A, to the east of Lawson AAF, During the period June 5 through shall have the same meaning as when eastbound IFR departures must circum­ July 31, 1969, no person shall ship any used in the U.S. Standards for Potatoes navigate the restricted area to the north lot of potatoes produced in the produc­ (§§ 51.1540-51.1556 of this title), in­ or south, prior to heading on course via tion area unless such potatoes meet the cluding the tolerances set forth therein. the airways. requirements of paragraphs (a) and (b) All other terms used in this section shall This amendment is proposed under of this section or unless such potatoes are have the same meaning as when used in the authority of section 307(a) of the handled in accordance with paragraphs Marketing Agreement No. 104 and this Federal Aviation Act of 1958 (49 U.S.C. (c) and (d) of this section. part, both as amended. 1348) and section 6(c) of the Department Dated: January 28, 1969. of Transportation Act (49 U.S.C. 1655 (a) Grade requirements. All varieties >. U.S. No. 2, or better grade. F lo yd F . H edlund, (b) Inspection. Each first handler Director, Fruit and Vegetable Issued in Washington, D.C., on Janu­ shall, prior to making each shipment of Division, Consumer and Mar­ ary 24,1969. potatoes cause each shipment to be in­ keting Service. H. B. H elstrom , spected by an authorized representative Chief, Airspace and Air [F.R. Doc. 69-1312; Filed, Jan. 30, 1960; Traffic Rules Division. of the Federal-State Inspection Service. 8 :49 a.m .] No handler shall ship any potatoes for [F.R. Doc. 69-1270; Filed, Jan. 30, 1969; which inspection is required unless an 8 :4 6 a.m.] appropriate inspection certificate has been issued with respect thereto by the Federal-State Inspection Service and the DEPARTMENT OF- 114 CFR Part 71 1 certificate is valid at the time of [Airspace Docket No. 68-EA-143] shipment. TRANSPORTATION (c) Special purpose shipments. The Federal Aviation Administration TRANSITION AREA grade and inspection requirements set Proposed Alteration forth in paragraphs (a) and (b) of E 14 CFR Part 71 ] this section shall not be applicable to [Airspace D ocket No. 68-SO -91] The Federal Aviation Administration shipments of potatoes for potato chip­ is considering amending § 71.181 of Par* ping, canning, freezing, livestock feed, or FEDERAL AIRWAY 71 of the Federal Aviation Regulations charity: Provided, That the handler Proposed Alteration so as to alter the Jefferson, Ohio, transi­ tion area. thereof complies with the safeguard re­ The Federal Aviation Administration A new VOR standard instrument ap­ quirements of paragraph (d) of this is considering an amendment to Part 71 proach procedure has been developed io section. of the Federal Aviation Regulations that Ashtabula County Airport, A sh ta b u la ,

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 PROPOSED RULE MAKING 1565

Ohio, predicated on the Jefferson, Ohio, r T4 CHt Part 7T 1 accordance with the provisions of VORTAC and will require alteration of Executive Order 10854. the Jefferson, Ohio 700-foot floor transi­ [Airspace Docket No. 68-WA-23] Interested persons may participate in tion area to provide the additional air­ ADDITIONAL CONTROL AREA the proposed rule making by submitting space required to protect aircraft ex­ such written data, views, or arguments as ecuting the instrument approach pro­ Proposed Designation they may desire. Communications should cedure and to change the word “VOR" The Federal Aviation Administration identify the airspace docket number and to ‘'VORTAC” wherever it appears in the is considering an amendment to* Part 71 be submitted in triplicate to the Director, description of the present Jefferson, of the Federal Aviation Regulations that Alaskan Region, Attention: Chief, Air Ohio, transition area. would designate an additional control Traffic Division, Federal Aviation Ad­ Interested persons may submit such area from the Point Barrow, Alaska, ministration, 632 Sixth Avenue, Anchor­ written data or views as they may desire. RBN, 1,200 feet AGL via the Lonely, age, Alaska 99501. All communications Communications should be submitted In Alaska, RBN, the Oliktok, Alaska, RBN, received within 30 days after publication triplicate to the Director, Eastern the Flaxman Island, Alaska, RBN to the of this notice in the F ederal R egister Region, Attention: Chief, Air Traffic Di­ Barter Island, Alaska, RBN. This would will be considered before action is taken vision, Department of Transportation, provide an access route of controlled air­ on the proposed amendment. The pro­ Federal Aviation Administration, Fed­ space for IFR air traffic operating to and posal contained in this notice may be eral Building, John F. Kennedy Interna­ from the oil exploration activities on the changed in the light of comments tional Airport, Jamaica, N.Y. 11430. All northern slope of Alaska. The segment received. communications received within 30 days from Point Barrow to Oliktok would be An official docket will be available for after publication in the F e d e r a l R e g ­ designated on a part-time basis with the examination by interested persons at the ister will be considered before action is times of effectiveness published by Federal Aviation Administration, Office taken on the proposed amendment. No NOT AM, and would be in effect during of the General Counsel, Attention: Rules hearing is contemplated at this time, but the hours the Point Barrow Flight Serv­ Docket, 800 Independence Avenue SW., arrangements may be made for informal ice Station is in operation. Washington, D.C. 20590. An informal conferences with Federal Aviation Ad­ As part of this proposal relates to the docket also will be available for exami­ ministration officials by contacting the navigable airspace outside the United nation at the offiee of the Regional Air Chief, Airspace and Standards Branch, States, this notice is submitted in con­ Traffic Division Chief. Eastern Region. sonance with the ICAO International This amendment is proposed under the Any data or views presented during Standards and Recommended Practices. authority of sections 307(a) and 1110 of such conferences must also be submitted Applicability of International Stand­ the Federal Aviation Act of 1958 (49 in writing in accordance with this notice ards and Recommended Practices, by the U.S.C. 1348 and 1510) and Executive in order to become part of the record Air Traffic Service, FAA, in areas outside Order 10854 (24 F.R. 9565) and section for consideration. The proposal con­ domestic airspace of the United States 6 (c) of the Department of Transporta­ tained in this notice may be changed is governed by Article 12 and Annex 11 tion Act (49 UJS.C. 1655(C )). in the light of comments received. to the convention on International Civil Issued in Washington, D.C., on Janu­ The official docket will be available for Aviation (ICAO), which pertains to the ary 24, 1969. examination by interested persons at the establishment of air navigation facili­ Office of Regional Counsel, Federal Avi­ ties and services necessary to promoting H . B . H elst r o m , ation Administration, Federal Building, the safe, orderly, and expeditious flow Chief, A irspace and Air John F. Kennedy International Airport* of civil air traffic. Its purpose is to insure Traffic Rules Division. Jamaica, N.Y. that civil flying on international air [F.R. Doc. 60-1272; Filed. Jan. 30, 1960; I Federal Aviation Administration, routes is carried out under uniform con­ &:4A a.m.] j having completed a review of the air­ ditions designed to improve the safety space requirements for the terminal area and efficiency of air operations. of Ashtabula, Ohio, proposes the air- The International Standards and [ 14 CFR Part 71 ] [ space action hereinafter set forth: Recommended Practices in Annex 11 [Airspace Docket No. 60-SO-7] apply in those parts of the airspace under Amend § 71.181 of Part 71 of the Fed­ CONTROL ZONE AND TRANSITION eral Aviation Regulations by deleting in the jurisdiction of a -contracting state, the description of the Jefferson, Ohio, derived from ICAO, wherein air traf­ AREA transition area the phrase “VOR 061° fic services are provided and also when­ Proposed Designation and Alteration radial extending from the 5-mile radius ever a contracting state accepts the area to 8 miles northeast of the VOR.” responsibility of providing air traffic The Federal Aviation Administration and insert the following in lieu thereof: services over high seas or in airspace of is considering an amendment to Part 71 undetermined sovereignty. A contract­ of the Federal Aviation Regulations that 061° radial extending from the ing state accepting such responsibility would designate the Greenwood, Miss., Asutabula-Jefferson Airport 5-mile radius «ea to 8 miles northeast of the VORTAC; may apply the International Standards control zone and alter the Greenwood, 5~mile radius of the center and Recommended Practices to civil air­ Miss., transition area. N., 80°41'50" W., of Ashtabula craft in a manner consistent with that Interested persons may submit such Airport, Ashtabula, Ohio, and adopted for airspace under its domestic written data, views, or arguments as ovT"-*“ 11®8 ^ch side of the Jefferson, jurisdiction. they may desire. Communications should ’ VORTAC 243° radial, extending from In accordance with Article 3 of the be submitted in triplicate to the Area ® VORTAC to 8 miles southwest of the Convention on International Civil Avia­ Manager, Memphis Area Office, Atten­ VORTAC. tion, Chicago, 1944, state aircraft are tion: Chief, Air Traffic Branch, Federal This amendment is proposed under exempt from the provisions of Annex 11 Aviation Administration, PostjOffice Box and its Standards and Recommended 18097, Memphis, Term. 38118. All com­ section 307(a) of the Federal Aviation Practices. As a contracting state, the munications received within 30 days ct of 1958 (72 Stat. 749; 49 U.S.C. United States agreed by Article 3(d) after publication of this notice in the and section 6(c) of thé DOT Act that its state aircraft will be operated F ederal R egister will be considered be­ (49 U.S.C. 1655(c)). in international airspace with due re­ fore action is taken on the proposed gard for the safety of civil aircraft. amendment. No hearing is contemplated » ? » ! W69,amaiCa’ N-Y' °n Jan- Since this action involves, in part, the at this time, but arrangements for infor­ mal conferences with Federal Aviation , . R. M.B r o w n , designation of navigable airspace out­ Administration officials may be made by Actmg Director, Eastern Region. side the United States, the Administra­ contacting the Chief, Air Traffic Branch. •R. Doc. 69-1271; Filed, Jan. 30, 1969; tor has consulted with the Secretary of Any data, views, or arguments presented 8:46 a jn .] State and the Secretary of Defense in during such conferences must also be

No. 2 1 - — 7 FEDERAI REGISTER, V O I. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1566 PROPOSED RULE MAKING submitted in writing in accordance with Issued in East Point, Ga., on Jan­ Any data or views presented during this notice in order to become part of uary 21,1969. such conferences must also be submitted the record for consideration. The pro­ J ames G. R ogers, in writing in accordance with this notice posal contained in this notice may be Director, Southern Region. in order to become part of the record for changed in the light of comments [F.R. Doc. 69-1273; Filed, Jan. 30, .1969; consideration. The proposal contained in received. 8 :4 6 a.m.] this notice may be changed in the light The official docket will be available for of comments received. examination by interested persons at the The official docket will be available for Southern Regional Office, Federal Avia­ t 14 CFR Part 71 ] examination by interested persons at the tion Administration, Room 724, 3400 [Airspace Docket No. 69-EA-l] Office of Regional Counsel, Federal Avia­ Whipple Street, East Point, Ga. tion Administration, Federal Building, The Greenwood control zone would be TRANSITION AREA John F. Kennedy International Airport, designated as: Proposed Designation Jamaica, N.Y. Within a 5-mHe radius of the Greenwood- The Federal Aviation Administration The Federal Aviation Administration, Leflore Airport (lat. 33°29'30" N., long. having completed a review of the air­ 90°04'50" W.); within 2 miles each side of is considering amending § 71.181 of Part space requirements for the terminal area the Greenwood VORTAC 079° radial, extend­ 71 of the Federal Aviation Regulations so of Bennington, Vt., proposes the airspace ing from the 5-mile radius zone to 1.5 miles as to designate a Bennington, Vt., transi­ east o f th e VORTAC. tion area over Bennington Municipal action hereinafter set forth: Amend § 71.181 of Part 71 of the Fed­ The Greenwood transition area de­ Airport. ' scribed in § 71.181 (33 F.R. 2137 and A new VOR standard instrument ap­ eral Aviation Regulations so as to desig­ 12824) would be altered by deleting proach procedure has been authorized nate a Bennington, Vt., transition area for Bennington Municipal Airport, Ben­ described as follows: “* * * lat. 33°29'20" N., long. 90°05'00" nington, Vt., and will require designation W. * * *” and substituting “* * * lat. B ennington, Vt . 33°29'30" N., long. 90°04'50" W. * * *” of a 700-foot floor transition area to pro­ vide airspace protection for aircraft That airspace extending upward from 700 therefor. executing this procedure. feet above the surface within a 5-mile radius The proposed control zone would pro­ Interested parties may submit such o f th e cen ter 42°53'30" N., 73°14'50" W. of vide controlled airspace protection for written data or views as they may desire. Bennington Municipal Airport, Bennington, 3FR aircraft during climb to 700 feet Vt., and within 2 miles each side of the Cam­ Communications should be submitted in bridge, N.Y., VQR 145° radial, extending from above the surface and during descent be­ triplicate to the Director, Eastern Re­ the 5-mile radius area to the VOR. This tran­ low 1,000 feet above the surface. gion, Attention; Chief, Air Traffic Divi­ sition area is effective from sunrise to sunset, The proposed alteration of the transi­ sion, Department of Transportation, dally. tion area is required because Coast and Federal Aviation Administration, Fed­ eral Building, John F. Kennedy Interna­ This amendment is proposed under Geodetic Survey refined the geographic tional Airport, Jamaica, N.Y. 11430. All section 307(a) of the Federal Aviation coordinate for Greenwood-Leflore Air­ communications received within 30 days Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) port to lat. 33°29'30" N., long. 90°04'50" after publication in the F ederal R egister and section 6(c) of the DOT Act (49 W. will be considered before action is taken U.S.C. 1655(c)). This amendment is proposed under the on the proposed- amendment. No hearing authority of section 307(a) of the Fed­ is contemplated at this time, but ar­ Issued in Jamaica, N.Y., on January rangements may be made for informal 16, 1969. eral Aviation Act of 1958 (49-U.S.C. 1348 conferences with Federal Aviation Ad­ R. M. Brown, (a )) and section 6(c) of the Department ministration officials by contacting the Acting Director, Eastern Region. of Transportation Act (49 U.S.C. 1655 Chief, Airspace and Standards Branch, [F.R. Doc. 69-12 7 4; Filed, Jan. 30, 1969: (O). Eastern Region. 8 :4 6 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31« 1969 1567 Notices

7(c) of the Act of July 9, 1965 (79 Stat. W. I. MARTIN DEPARTMENT OF THE TREASURY 213), and his delegation of authority to the Commissioner of Reclamation dated Statement of Changes In Financial Office of Foreign Assets Control February 25, 1966, published March 4, Interests CHINESE-TYPE FURNITURE 1966 (31 F.R. 3426), jurisdiction over the In accordance with the requirements following described lands, which lie with­ of section 710(b) (6) of Idle Defense Pro­ Importation Directly From Singapore; in and adjacent to the exterior bound­ duction Act of 1950, as amended, and Available Certifications aries of the Boise National Forest, Idaho, and which were acquired or were with­ Executive Order 10647 of November 28, Notice is hereby given that certificates drawn by the Bureau of Reclamation in 1955, the following changes have taken of origin issued by the Trade Division, place in my financial Interests during the development of the Anderson Ranch the past 6 months: Ministry of Finance of the Government Reservoir, Boise Project, is hereby trans­ of Singapore under procedures agreed (1) None. upon between that government and the ferred to the Secretary of Agriculture for (2) None. Office of Foreign Assets Control in con­ recreational and other National Forest (3) None. nection with the Foreign Assets Control purposes. (4) None. Regulations are now available with re­ B oise National F orest This statement is made as of Febru­ spect to the importation into the United ary 22,1969. States directly, or on a through bill of BOISE MERIDIAN, IDAHO T. 1 S., R. 8 E., Dated: January 17,1969. lading, from Singapore of the following Sec. 15, lot 6—24.8 acres; additional commodity: Sec. 16, lot 6—23.9 acres. W. I. M artin . Chinese-Type Furniture. [F.R. Doc. 09-1264; Filed, Jan. 30, 1969; Hie lands to be transferred aggregate 8 :4 5 a.m .] [seal! M argaret W. S c h w a r t z , 48.7 acres, more or less. D irector, Pursuant to said section 7(c) of the Office of Foreign Assets Control. aforesaid Act of July 9, 1965, the above [F.R. Doe. 69-1309; Filed, Jan. 30, 1969; lands shall become National Forest 8 :4 9 a.m .} DEPARTMENT OF AGRICULTURE lands: Provided, That all lands and Packers and Stockyards waters within the Anderson Ranch Res­ Administration Office of the Secretary ervoir area needed or used for the opera­ MOORE’S AUCTION AND LIVESTOCK [T.D. 69-43; Treasury Dept. Order 165-21J tion of the project or for other Reclama­ COMMISSION ET AL. COMMISSIONER OF CUSTOMS tion purposes shall continue to be administered by the Commissioner of Proposed Posting of Stockyards Delegation of Certain Functions Reclamation to the extent he determines The Chief, Registrations, Bonds, and J a n u a r y 24, 1969. to be necessary for such operation. Reports Branch, Packers and Stockyards By virtue of authority vested in the This order shall be effective upon Administration, UJ5. Department of Secretary of the Treasury by Executive publication in the F ederal R eg ister. Agriculture, has information that the Order No. 1145Q, dated January 18,1969 livestock markets named below are stock- (34 FR. 919), and pursuant to author­ Dated: January 27,1969. yards as defined in section 302 of the ization given to me by Treasury Depart­ F lo yd E. D o m in y , Packers and Stockyards Act, 1921, as ment Order No. 190, Rev. 5 (33 F.R. Commissioner, amended (7 U.S.C. 202) , and should be 5811), the Commissioner of Customs is Bureau of Reclamation. made subject to the provisions of the hereby designated to take all necessary [F.R. Doc. 69-1288; Filed, Jan. 30, 1969; Act. action required of the United States un­ 8 :4 7 a jn .] Moore’s Auction and Livestock Commission, der section 1 of Article 5 of the Customs Calhoun, Ga. Convention on the international trans­ Escanaba Livestock Auction, Escanaba, Mich. port of goods under cover of TIR carnets Office of the Secretary Producers Livestock Marketing Association, McCook, Nebr. (HR Convention) to which the U.S. GEORGE V. KENNEDY Wyalusing Livestock Market, Wyaluslng, Pa. Senate gave its consent on March 1,1967, Statement of Changes in Financial Central Carolina Livestock Market, Inc., Logoff, S.C. and shall exercise his authority hereun- Interests dor subject to the conditions set forth Notice is hereby given, therefore, that m section 2 of said Article 5. In accordance with the requirements tiie said Chief, pursuant to authority of section 716(b) (6) of the Defense Pro­ (seal} M a tth e w J . M a r k s , delegated under the Packers and Stock- Acting Assistant Secretary, duction Act of 1950, as amended, and yards Act, 1921, as amended (7 U.S.C. of the Treasury. Executive Order 10647 of November 28, 181 et seq.)„ proposes to issue a rule 1955, the following changes have taken designating the stockyards named above IP-R. Doc. 69-1310; Filed, J a n . 30, 1969; as posted stockyards subject to the pro­ 8:49 a.m .J place in my financial interests during the visions of the Act, as provided in section past 6 months: 302 thereof. (1) No change. Any person who wishes to submit (2) No change. written data, views, or arguments con­ department of th e in terio r (3) No change. cerning the proposed rule, may do so by Bureau of Reclamation (4) No change. filing them with the Chief, Registrations, This statement is made as of Janu­ Bonds, and Reports Branch, Packers and BOISE NATIONAL FOREST, IDAHO ary 1, 1969. Stockyards Administration, UB. Depart­ Order of Transfer of Administrative Dated: January 20,1969. ment of Agriculture, Washington, D.C. Jurisdiction of Land 20250, within 15 days after publication G eorge V. K en nedy. in the F ederal R egister. of „the authority vested in [F.R. Doc. 69-1283; Filed, Jan. 30, 1969; AH written submissions made pursuant etary of the Interior by section 8 :4 5 a m .} to this notice shall be made available fen:

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1568 NOTICES public inspection at such times and places STERLING DRUG INC. national air freight forwarder authority, in a manner convenient to the public Coast Car loading Co., Inc. (Carloading), a business (7 CFR 1.27(b)). Notice of Filing of Petition for Food surface freight forwarder, Art’s Transfer and Additives Storage Co., Inc. (Storage),1 an intrastate Done at Washington, D.C., this 27th cartage company operating in the Seattle, day of January 1969. Pursuant to the provisions of the Fed­ Wash., area, and Coast Transfer, Inc. (Trans­ eral Food, Drug, and Cosmetic Act (sec. fer), an intrastate cartage company operat­ G. H. Hopper, 409(b)(5), 72 Stat. 1786; 21 U.S.C. ing out of Portland, Oreg. Chief, Registrations, Bonds, By joint application filed December 16, and Reports Branch, Live­ 348(b)(5)), notice is given that a peti­ 1968, approval under section 408 is requested stock Marketing Division. tion (FAP 9H2383) has been filed by of (1) the acquisition by WTC of Cartage, Sterling Drug Inc., 90 Park Avenue, New (2) the acquisition by Cartage of the Inter­ [F.R. Doc. 69-1313; Filed, Jan. 30, 1969; York, N.Y. 10016, proposing that state Commerce Commission (ICC) motor 8 :4 9 a.m.] § 121.2547 Sanitizing solutions (21 CFR carrier certificate and the California Public 121.2547) be amended to provide for the Utilities Commission (PUC) authority of safe use of aqueous solutions of benzal- Leasing, and (3) realignment of the cor­ konium chlorides (U.S.P. XVII) as sani­ porate structure headed by Meyers and DEPARTMENT OF HEALTH, EDU­ Meyers Trust. In addition, the applicants re­ tizing agents on food-processing equip­ quest approval, or, in the alternative, a dis­ CATION, AND WELFARE ment and utensils. claimer of jurisdiction, with respect to the Dated: January 22,1969. stock interest to be acquired in WTC by Food and Drug Administration the present owners of Cartage as a result R. E. Duggan, of WTC’s acquisition of Cartage. Approval is CALGON CORP. Acting Associate Commissioner also requested of any interlocking relation­ for Compliance. ships that may occur upon consummation of Notice of Filing of Petition for Food the above-mentioned transactions. [F.R. Doc. 69-1304; Filed, Jan. 30, 1969; Subsequent to December 13, 1967, WTC Additives 8 :4 9 a.m.] formed a Hong Kong subsidiary, WTC Air Freight (H.K.) Ltd. (WTC Ltd.), in which Pursuant to the provisions of the Fed­ it owns a 90 percent interest. WTC Ltd., is eral Food, Drug, and Cosmetic Act (sec. an IATA sales agent and, therefore, is a per­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 son engaged in a phase of aeronautics (b)(5)), notice is given that a petition CIVIL AERONAUTICS DOARD within the meaning of section 408 of the (FAP 9B2381) has been filed by Calgon [Docket No. 20565] Act.2 On December 26, 1968, an amendment to Corp., Box 1346, Pittsburgh, Pa. 15230, the original application was filed requesting proposing that § 121.2526 C om ponents WTC AIR FREIGHT ET AL. approval, or a disclaimer of jurisdiction, with respect to WTC’s acquisition of control of paper and paperboard in contact with Notice of Proposed Approval of WTC Ltd. Approval of any interlocking aqueous and fatty foods (21 CFR 121.- relationships relative to such acquisition was 2526) be amended to provide for the safe Joint application of WTC Air Freight, also requested. use of partially hydrolyzed copolymers of Western Truck Leasing, et al., for ap­ Pursuant to a plan of agreement and re­ acrylamide and dimethyldiallylammo- proval of control and interlocking rela­ organization, dated December 2, 1968, be­ nium chloride as a retention aid and floc- tionships, Docket 20565. tween WTC and H. Baker and J. Baker in culent employed prior to the sheet-form­ Notice is hereby given, pursuant to the their individual capacities, and McIntyre and ing process in the manufacture of paper statutory requirements of section 408(b) J. Baker as cotrustees under an instrument and paperboard intended for use in con­ of the Federal Aviation Act of 1958, as dated October 15, 1964, H. Baker, J. Baker, amended, that the undersigned intends and the McIntyre Trust (stockholders) will tact with food. transfer to WTC all of Cartage’s outstanding to issue the order set forth below under common stock. WTC will issue to each of the Dated: January 22,1969. delegated authority. Interested persons stockholders certificates for specific amounts R. E. Duggan, are hereby afforded a period of 15 days of WTC’s authorized but unissued shares of Acting Associate Commissioner from the date of service within which to voting common stock.3 H. Baker shall be for Compliance. file comments or request a hearing with elected or appointed a director of WTC prior respect to the action proposed in the to or at the closing of the agreement and [F.R. Doc. 69-1302; Filed, Jan. 30, 1969; order. Messrs. R. B. M eyers and Edward P. Downes 8 :4 8 a.m.] will be elected directors of Cartage and Car­ Dated at Washington, D.C., January loading. 24,1969. The corporate simplification involved here­ ETHYL CORP. in consists of the dissolution of the Western Notice of Filing of Petition for Food [seal] A. M. A ndrews, Terminal Co. (Terminal) .* D irector, Cartage presently owns all of the stock Additives Bureau of Operating Rights. of Skymaster. On October 27, 1967, Skymaster was issued domestic and international air Pursuant to the provisions of the Fed­ Order Approving Control R elationships freight forwarding authority by the Board. eral Food, Drug, and Cosmetic Act (sec. Issued under delegated authority. Applicants indicate that prior to consumma­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Joint appUcation of WTC Air Freight, tion of the plan of agreement, and prior to (b) (5)), notice is given that a petition Western Truck Leasing Co., et al., for ap­ Board approval of the transactions contem­ (FAP 9B2385) has been filed by Ethyl proval of control and interlocking relation­ plated thereby, Cartage will dispose of i Corp., Post Office Box 341, Baton Rouge, ships. interest in Skymaster. However, if such dis­ La. 70821, proposing that § 121.2531 By Order E-26114, December 13, 1967, the position has not been made by the stated Board approved the control by R. B. Meyers time, applicants state that Skymaster w Surface lubricants used in the manufac­ (Meyers) and A. Meyers Trust (Meyers Trust) ture of metallic articles (21 CFR 121.- of Western Truck Leasing Co. (Leasing), an 2531) be amended to provide for the safe intrastate common carrier by motor vehicle 1 The nam e of A rt’s Transfer a n d Storage use of a mixture of synthetic alcohols in the Southern California area, and, Co., Inc., was changed to Totem Trucking (predominantly decyl and dodecyl) in through Leasing, of Pacific and Atlantic sking) in 1967. surface lubricants used in the manufac­ Shippers, Inc. (P&A), a surface freight for­ r r c has also formed a wholly ovm ture of metallic food-contact articles warder, United Freight, Inc. (Freight), a diary, UNI Consolidators, which asts surface freight forwarder, Western Trans­ p p ers’ a g e n t in th e New Y ork ' under conditions such that the total re­ portation Co., Inc. (Western), a surface pon consummation of the plan of aj= sidual lubricant does not exceed 0.015 freight forwarder, and WTC Air Freight ;, th e stockholders will hold aPPr°* milligram per square inch of food-con­ (WTC), a domestic and international air :ly 25 percent of W TC’s sto ck, with Leas tact surface. freight forwarder. iw n in g 55 percent, Meyers 3 percent, an By Order E-25375, July 3, 1967, the Board ;rcent will be publicly held, Dated: January 15,1969. approved the control by Harry M. Baker erminal activities in the paft f id the consolidation and distributi R. E. Duggan, (H. Baker), Jean M. Baker (J. Baker) and Mrs. E. L. McIntyre (McIntyre) of Coast Cart­ h t as agent for various shiPP®r basis. Acting Associate Commissioner age Co. (Cartage), an intrastate cartage com­ Lgnees on a noncommon carrier for Compliance. pany in the Los Angeles area, and, through examiner’s Initial Decision, A. and • [F.R. Doc. 69-1303; Filed, Jan. 30, 1969; Cartage, of Skymaster, Inc. (Skymaster), >rs, W estern Transportation lo., 8 :4 9 a.m .l then an applicant for domestic and inter­

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 NOTICES 1569 •F ii—1 surrender its air freight forwarding author­ of aircraft in air transportation, do not re­ within such period a petition for review izations to the Board upon approval of the sult in creating a monopoly, and do not tend thereof is filed, or the Board gives notice that subject application. to restrain competition. Furthermore, no per­ i t w ill review th is carder on its own m otion. Leasing currently holds ICC motor carrier son disclosing a substantial interest in this [ sea l] Harold R . S anderson, authority in the Southern California area as proceeding is currently requesting a hearing Secretary. well as a local certificate of public conveni­ and it is concluded that a hearing is not ence and necessity issued to it by the PUC. required in the public Interest. The control [F.R. Doc. 69-1305; Filed, Jan. 30, 1969; By an agreement dated December 2, 1968, relationships are similar to those which the 8 :4 9 a jn .} between Leasing, doing business as Western Board has previously approved and essen­ Transportation Co., and Cartage, Leasing has tially do not present any new substantive agreed to sell the above-mentioned motor issues.8 It appears that approval of the con­ [Docket No. 192551 carrier authorizations to Cartage.5 trol relationships would not be inconsistent EAST COAST POINTS-EUROPE It is alleged that through the acquisition with the public interest.® of Cartage and its subsidiary, Carloading, It is also concluded that interlocking re­ SERVICE INVESTIGATION WTC expects to render improved service to lationships within the meaning of section the shipping public as a result of its direct 409 of the Act have existed and will exist. Notice of Postponement of operation of the surface freight forwarder. However, upon approval of the acquisitions, Prehearing Conference Moreover, applicants allege th a t th e control such relationships would come within the J a n u ar y relationships for which approval is requested scope of the exemption from section 409 28,1969. do not adversely affect the public interest, afforded by § 287.2 of the Board’s economic On January 10, 1969, all parties in the and meet all the requirements of the third regulations. Consequently, that portion of the above-entitled proceeding were notified proviso of section 408 so as to w arran t ap­ application seeking approval of the inter­ proval thereunder without a hearing. that the prehearing conference had been locking relationships will be dismissed. reassigned for February 13, 1969. The No adverse comments or requests for a Pursuant to authority duly delegated by hearing have been received. notice also requested the Bureau of Op­ the Board in the Board’s Regulations, 14 erating Rights to submit to the Examiner Notice of in te n t to dispose o f th e applica­ CFR 385.13, it is found that the foregoing tion without a hearing has been published control relationships should be approved, and other parties, on or before Janu­ in the Federal R egister, and a copy of such subject to conditions under section 408(b) ary 21, its request for information and a notice has been fu rn ish ed by th e Board to o f th e A ct, w ith o u t hearing. schedule of proposed procedural dates. the Attorney General not later than the day Accordingly, it is ordered: In response to the Examiner’s request, following the date of such publication, both 1. That the acquisition of control of WTC in accordance with the requirements of sec­ the Bureau of Operating Rights, by letter Ltd., by WTC be and it hereby is approved; dated January 21, 1969, submitted its tion 408(b) of th e Act. 2. That the acquisition by WTC of control request for information. In submitting its Upon consideration of the foregoing, it is of Cartage, and, through Cartage, of Car­ concluded that the transactions described in request, the Bureau stated that certain loading, Transfer, and Trucking, and the basic traffic data necessary to the proc­ the. application, as amended, involve (!) the common control by Meyers and Meyers Trust acquisition by an air carrier (WTC) of con­ of each of the foregoing companies and those essing of this proceeding will not be trol of a common carrier (Cartage), and, companies already within the system of af­ available until sometime in May or June through Cartage, of three additional common filiated and subsidiary companies controlled 1969. Under the circumstances, the Bu­ carriers (Carloading, Transfer, and Truck­ by Meyers and Meyers Trust be and they reau did not recommend any further ing), and (2) acquisition by an air carrier hereby are approved pursuant to section procedural dates. (WTC) of control of a person engaged in a 408 of the Act subject to the following In view of the fact that the 1968 O. & D. phase of aeronautics (WTC L td .).6 I t is also conditions: Survey Data for the markets under con­ concluded th a t b oth acquisitions and th e (a) That if Cartage’s Interest in Sky- resultant common control relationships are master is not disposed of by the date of sideration in this proceeding will not be subject to section 408 of the Act.7 However, it consummation of the above-described trans­ available for several months, it is deemed has been concluded that such relationships action, Skymaster shall submit for can­ desirable to postpone the prehearing and those involving the realignment of the cellation within 10 days of the date of con­ conference rather than proceed at this corporate structure headed by Meyers and summation of the subject transaction its time when it is difficult, if not impossible, Meyers Trust do not affect the control of an domestic and international air freight for­ to prescribe any meaningful procedural air carrier directly engaged in the operation warding Operating Authorizations; dates. Accordingly, the prehearing con­ (b) That within 5 days after consum­ ference previously scheduled for Febru­ “Although Cartage itself currently holds mation of the above-described transaction a ary 13, 1969, is hereby postponed. All motor vehicle common carrier certificates notice shall be filed in this docket advising parties will be notified when a new pre- from both the ICC and the PUC, it has en­ of the date of consummation and also hearing conference date is established. tered into an agreement with Harris Trans­ whether Cartage’s interest in Skymaster has portation Co. (Harris) to sell such certifi­ been disposed of; [ se a l ] Ross I. New MANN, cates to Harris. The agreem ent betw een 3. That the approvals granted herein shall Hearing Examiner. Leasing and Cartage indicates th a t th e tran s­ be effective only so long as the operation of action shall be consummated immediately motor vehicles by the corporate applicants is [F.R. Doc. 69-1306; Filed, Jan. 30, 1969; after the transaction pending between Cart- limited to the States in which they presently 8 :4 9 a m .l and Harris and immediately prior to operate; and 4. That, except to the extent granted consummation of the plan of agreement be­ [Docket 20632; Order 69-1-113] tween WTC and the stockholders. F u rth e r­ herein, the application in Docket 20565, as more, it is a specific requirement that the amended, be and it hereby is dismissed. ROSS AVIATION, INC. plan of agreement between WTC and the Persons entitled to petition the Board fear stockholders be consummated in order for review of this order pursuant to the Board’s Order To Show Cause the agreement between Leasing and Cartage regulations, 14 CFR 385.50, may file such to be effective. petitions within 5 days after the date of Issued under delegated authority on “It appears that the control and inter' service of this order. January 27, 1969. locking relationships between WTC an d WTC This order shall be effective and become The Postmaster General filed a notice ltd., have been in effect for some time. Never- the action of the Civil Aeronautics Board of intent January 7, 1969, pursuant to 14 heless, it has been decided not to enforc« upon expiration of the above period unless CFR Part 298, petitioning the Board to doctrine expressed in Sherman Contro establish for the above captioned air taxi (iQt;oIf terlOCking Relationships, 15 CAB 87< 8 ABC Freight Forwarding Corporation, et operator, a final service mail rate of U952) and to consider the amended appli­ cation on its m erits. al., Control and Interlocking Relationships, 47.47 cents per great circle aircraft mile 34 CAB 317 (1961). for the transportation of mail by air­ on I?*1!?6* CartaSe Will dispose of Skym aste: “The corporate laws of California do not craft between Savannah and Atlanta, in cw ore its acquisition by WTC, or turi require approval of more than 66% percent of Ga., via Augusta, Ga. ran J/nDi? Ster's forw arder au th orization fo: the shareholders for any corporate action. servorf no regulatory purpose would b< Thus, the approximate 25 percent cumulative No protest or objection was filed aririiHnn \ Seating Cartage’s acquisition o: stock interest in WTC to be acquired by against the proposed services during the Posinff surface rigkts from Leasing ai H. Baker, J. Baker, and McIntyre does not time for filing such objections. The action &A«eW f'nd seParate section 408 tran s give rise to a section 408 control relationship. Postmaster General states that the De­ that the B°ard will dismisi Accordingly, the Board will dismiss that por­ partment and the carrier agree that approval of11 the aPPlication requestinj tion of the application seeking approval of the above rate is a fair and reasonable approval of such acquisition. such acquisition. rate of compensation for the proposed

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1570 NOTICES services. The Postmaster General believes decision by the Board, and the Board The fair and reasonable final service these services will meet postal needs in may enter an order incorporating the mail rate to be paid to Ross Aviation, Inc., the market. He states the air taxi plans findings and conclusions proposed herein in its entirety by the Postmaster Gen­ to initiate mail service with Beechcraft and fix and determine the final rate eral pursuant to section 406 of the Act Model 18, twin-engine aircraft equipped specified herein; for the transportation of mail by air­ for all-weather operation. 4. If answer is filed presenting issues craft, the facilities used and useful there­ It is in the public interest to fix, for hearing, the issues involved in de­ for, and the services connected there­ determine, and establish the fair and termining the fair and reasonable final with, shall be 56.38 cents per great cir­ reasonable rate of compensation to be rate shall be limited to those specifically cle aircraft mile between Charleston, paid by the Postmaster General for the raised by the answer, except insofar as S.C., and Charlotte, N.C., via Columbia, proposed transportation of mail by air­ other issues are raised in accordance S.C. craft, the facilities used and useful there­ with Rule 307 of the rules of practice Accordingly, pursuant to the Federal for, and the services connected there­ (14 CFR 302.307); and Aviation Act of 1958, and particularly with, between the aforesaid points. Upon 5. This order shall be served upon Ross sections 204(a) and 406 thereof, and reg­ consideration of the notice of intent and Aviation, Inc., the Postmaster General, ulations promulgated in 14 CFR Part 302, other matters officially noticed, it is pro­ Delta Air Lines, Inc., Piedmont Aviation, 14 CFR Part 298, and 14 CFR 385.14(f): posed to issue an order1 to include the Inc., and Eastern Air Lines, Inc. It is ordered, That: following findings and conclusions: This order will be published in the 1. Ross Aviation, Inc., the Postmaster The fair and reasonable final service F ederal R egister. General, Delta Air lines, Inc., Eastern Air Lines, Inc., Piedmont Aviation, Inc., mail rate to be paid to Ross Aviation, [seal] Harold R. S anderson, Inc., in its entirety by the Postmaster S ecretary. Southern Airways, Inc., and all other in­ General pursuant to section 406 of the terested persons are directed to show Act for the transportation of mail by [P.R. Doc. 69-1307; Piled, Jan. 30, 1969; cause why the Board should not adopt the aircraft, the facilities used and useful 8 :49 a.m.] foregoing proposed findings and conclu­ therefor, and the services connected sions and fix, determine, and publish the therewith, shall be 47.47 cents per great [Docket No. 20645; Order 69-1-111] final rate specified above for the trans­ circle aircraft mile between Savannah . portation of mail by aircraft, the facili­ and Atlanta, Ga., via Augusta, Ga. ROSS AVIATION, INC. ties used and useful therefor, and the Accordingly, pursuant to the Federal Order To Show Cause services connected therewith as specified Aviation Act of 1958, and particularly above as the fair and reasonable rate of sections 204(a) and 406 thereof, and Issued under delegated authority on compensation to be paid to Ross Avia­ regulations promulgated in 14 CFR January 27,1969. tion, Inc.; Part 302, 14 CFR Part 298, and 14 The Postmaster General filed a notice 2. Further procedures herein shall be CFR 385.14(f): of intent January 10, 1969, pursuant to in accordance with 14 CFR Part 302, and It is ordered, That: 14 CFR Part 298, petitioning the Board notice of any objection to the rate or to establish for the above captioned air to the other findings and conclusions 1. Ross Aviation, Inc., the Postmaster taxi operator, a final service mail rate General, Delta Air Lines, Inc., Piedmont proposed herein, shall be filed within 10 of 56.38 cents per great circle aircraft days, and if notice is filed, written an­ Aviation, Inc., Eastern Air Lines, Inc., mile for the transportation of mail by and all other interested persons are di­ swer and supporting documents shall be aircraft between Charleston, S.C. and filed within 30 days after service of this rected to show cause why the Board Charlotte, N.C., via Columbia, S.C. should not adopt the foregoing proposed order; findings and conclusions and fix, deter­ No protest or objection was filed 3. If notice of objection is not filed mine, and publish the final rate specified against the proposed services during the within 10 days after service of this order, above for the transportation of mail by time for filing such objections. The or if notice is filed and answer is not aircraft, the facilities used and useful Postmaster General states that the De­ filed within 30 days after service of this therefor, and the services connected partment and the carrier agree that the order, all persons shall be deemed to therewith as specified above as the fair above rate is a fair and reasonable rate have waived the right to a hearing and of compensation for the proposed serv­ all other procedural steps short of a final and reasonable rate of compensation to ices. The Postmaster General believes be paid to Ross Aviation, Inc.; decision by the Board, and the Board these services will meet postal needs in may enter an order incorporating the 2. Further procedures herein shall be the market. He states the air taxi plans findings and conclusions proposed herein in accordance with 14 CFR Part, 302 and to initiate mail service-with Beechcraft notice of any objection to the rate or and fix and determine the final rate spec­ Model 18 twin-engine aircraft equipped ified herein; . . to the other findings and conclusions for all-weather operation. 4. If answer is filed presenting issues proposed herein, shall be filed within It is in the public interest to fix, de­ for hearing, the issues involved in deter­ 10 days, and if notice is filed, written termine, and establish the fair and rea­ answer and supporting documents shall mining the fair and reasonable final sonable rate of compensation to be paid rate shall be limited to those specifically be filed within 30 days after service of by the Postmaster General for the pro­ this order; posed transportation of mail by aircraft, raised by the answer, except insofar as 3. If notice of objection is not filed the facilities used and useful therefor, other issues are raised in accordance within 10 days after service of this order, and the services connected therewith, irri+v> Puio qo7 nf t.Vip rules of practice (14 or if notice is filed and answer is not between the aforesaid points. Upon con­ CFR 302.307); and filed within 30 days after service of this sideration of the notice of intent and 5. This order shall be served upon Ross order, all persons shall be deemed to other matters officially noticed, it is Aviation, Inc., the Postmaster Genera, have waived the right to a hearing and proposed to issue an order1 to include the following findings and conclusions: Delta Air Lines, Inc., Eastern Air Lines, all other procedural steps short of a final Inc., Piedmont Aviation, Lie., and South­ 1 As this order to show cause is not a final 1 As this order to show cause is n9t a final ern Airways, Inc. action hut merely affords interested persons action but merely affords interested persons This order will be published in th<* an opportunity to he heard on the matters an opportunity to be heard on the matters F ederal R egister. herein proposed, it is not regarded as subject herein proposed, it is not regarded as sub­ to the review provisions of Part 385 (14 CFR ject to the review provisions of Part 385 [seal] HakoldR.S ak m « ^ Part 385). These provisions for Board review (14 CFR Part 385). These provisions for will be applicable to final action taken by Board review will be applicable to final action taken by the staff under authority [F.R. Doc. 69-1308; Filed, Jan. 30, 19^ the staff under authority delegated in 8 :4 9 a.m.] 1385.14(g). ■ „ delegated in § 385.14(g).

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 NOTICES 1571 executed contractual amendment to its hearing is required, further notice of FEDERAL POWER COMMISSION FPC Gas Rate Schedule No. 1, extend­ such hearing will be duly given. ing the term of the contract for at least Under the procedure herein provided [Docket No. G—16310] 5 years from the date of issuance of this for, unless otherwise advised, it will be FAIR OÏL CO. ET AL. order. The contractual amendment shall unnecessary for Applicants to appear or be submitted in accordance with Part be represented at the hearing. Order Conditionally Accepting Offer 154 of the Commission’s regulations un­ G ordon M . G rant, of Settlement, Requiring Filing of der the Natural Gas Act. S ecretary. Contract Amendment and Termi­ (C) Upon notification by the Secre­ nating Proceeding tary of the Commission that Fair has D o c k e t D a t e Name of applicant complied with the terms and conditions N o . f i l e d . J anuary 23,1969. of this order, the rate and charge of 15 On December 27, 1968, Fair Oil Co. cents per Mcf at 14.65 p.s.i.a., specified C S 6 9 -2 4 .. 12-27-68 C . E . LaRue et a l., Post Office Box 196, A rtesia, N . Mex. (Operator) et al. (Fair) submitted an of­ in its offer of settlement, shall be effective 88 210. fer of settlement in this proceeding, pur­ as of January 27, 1969, and the above C S 6 9 -2 5 .. 1- 3-69 DixUym Corp. (Operator) et aL (form erly D ixilyn D rilling suant to § 1.18(e) of the Commission’s designated proceeding shall be deemed Corp. (Operator) et a l.), Post rules of practice and procedure. The of­ terminated. Office Box 3427, Odessa, Tex. fer involves a proposed increased rate for 79 760. CD) The acceptance by the Commis­ CS69-26 2_... 1- 3-69 Tribune O il Corp., 230 Park a sale of natural gas made to Mississippi sion of Fair’s offer of settlement is with­ A ve., New York, N .Y . 10017. River Transmission Corp. by Fair under out prejudice to any findings or deter­ C S 6 9 -2 7 . . 1-1 3 -6 9 C . E . Long et a l., Post Office its FPC Gas Rate Schedule No. 1 in Har­ minations that may be made in any Box 1578, M idland, Tex. 79701. rison County, Tex. (Texas R.R. Com. Dis­ proceeding now pending, or hereafter in­ 'Perm ian Basin area. trict No. 6). The proposed increased rate stituted by or against Fair, including 2 Southern Louisiana area. of 13.6296 cents per Mcf was suspended area rate or other similar proceedings. by order of the Commission in Docket No. [PR. Doc. 69-1262; Piled, Jan. 30, 1969; G-16310, and has not been made effec­ By the Commission. 8 :4 5 a m .] tive subject to refund by Fair. [seal] G ordon M. G rant, Under the terms of the offer, Fair filed S ecretary. a notice of change in rate to 15 cents per [FIR. Doc. 69-1261; Filed, Jan. 30, 1969; FEDERAL RESERVE SYSTEM Mcf, and a contract amendment elimi­ 8 :4 5 a m .] nating all price escalation provisions, FEDERAL OPEN MARKET COMMITTEE with the exception of a provision for re­ imbursement of future tax increases, [Docket No. CS69-24 etc.] Current Economic Policy Directive from its rate schedule. C. E. LaRUE ET A L In accordance with § 271.5 of its Rules The proposed settlement is consistent Regarding Availability of Information, with the provisions of §2.56(3) of the Notice of Applications for “Small there is set forth below the Committee’s Commission’s General Policy and Inter­ Producer” Certificates 1 Current Economic Policy Directive issued pretations, rules of practice and proce­ at its meeting held on October 29, 1968.1 dure, except that the term of the sales J anuary 23, 1969. Take notice that each of the Appli­ The information reviewed at this meeting contract expires in February 1972, and, suggests that overall economic expansion has therefore, does not meet the 5-year re­ cants listed herein has filed an applica­ moderated somewhat from its very rapid pace quirement of paragraph (c) of said sec­ tion pursuant to section 7(c) of the earlier in the year, although less than pro­ tion. Consequently, we shall condition our Natural Gas Act and § 157.40 of the jected, and that upward pressures on prices approval of the offer to require Fair to regulations thereunder for a “small pro­ and costs are persisting. Market interest rates amend the contract to comply with ducer” certificate of public convenience have risen in recent weeks. Bank credit and § 2.56(3) (c). As so conditioned, accept­ and necessity authorizing the sale for time and savings deposits have continued to ance of the offer of settlement would resale and delivery of natural gas in expand rapidly, but savings inflows to thrift interstate commerce from the Permian institutions have remained moderate. The serve the public interest. money supply, after growing little on bal­ However, we desire to make it clear Basin and Southern Louisiana areas, all ance during the summer, has increased in that our conditional acceptance of Fair’s as more fully set forth in the applica­ recent weeks. The U.S. foreign trade balance offer of settlement shall not be con­ tions which are on file with the Com­ and underlying payments position continue strued as approval of any future in­ mission and open to public inspection. to be matters of serious concern. In this sit­ creased rate filed in accordance with Protests or petitions to intervene may uation, it is the policy of the Federal Open its reservation of the right to file rate be filed with the Federal Power Com­ Market Committee to foster financial condi­ mission, Washington, D.C. 20426, in ac­ tions conducive to sustainable economic increases to cover any possible future growth, continued resistance to inflationary tax increases. Our action herein is also cordance with the rules of practice and pressures, and attainment of reasonable without prejudice to any findings, or procedure (18 CFR 1.8 or 1.10) on or equilibrium in the country’s balance of order of the Commission in any future before February 13, 1969. paym ents. Proceedings, including area rate or other Take further notice that, pursuant to To implement this policy, while taking similar proceedings, involving Fair’s rate the authority contained in and subject account of the current Treasury financing, and rate schedule. to the jurisdiction conferred upon the System open market operations until the The Commission finds: The proposed Federal Power Commission by sections next meeting of the Committee shall be con­ settlement of the above-designated pro- 7 and 15 of the Natural Gas Act and the ducted with a view to maintaining about ecung, on the basis described herein, Commission’s rules of practice and pro­ the prevailing conditions in money and as more fully Set forth in the offer of cedure, a hearing will be held without further notice before the Commission on short-term credit markets: Provided, how­ nnrfmen^ ®le<* the Commission' all applications in which no petition to e v e r , That operations shall be modified, to in P ecen}k.er.^> 1968, as conditioned, is the extent permitted by the Treasury financ­ „ pu^ ic interest, and appropriate to intervene is filed within the time re­ quired herein, if the Commission on its ing, if bank credit expansion appears to be the nrovisions of the Natural exceeding current projections. mnrto a3 d sllould be approved and own review of the matter believes that maue effective as hereinafter ordered. a grant of the certificates is required by Dated at Washington, D.C., the 24th (¿7 Commission orders: the public convenience and necessity. day of January 1969. the n JF 1® offer of settlement filed with Where a petition for leave to intervene lQfifiLommissl°n by Fair on December 27, is timely filed, or where the Commission on its own motion believes that a formal 1 The Record of Policy Actions of the Com­ in ann^C°nditi

FEDERAL REGISTER, V O L 34, NO. 21— FRIDAY, JANUARY 31, 1969 1572 NOTICES

By order of the Federal Open Market TENNESSEE FINANCIAL CORP. this date, that said application be and Committee. hereby is approved: Provided, That the A rth ur L . B roida, Order Approving Application Under action so approved shall not be consum­ Assistant Secretary. Bank Holding Company Act mated (a) before the 30th calendar day [F.R. Doc. 69-1270; Filed, Jan. 30, 1969; In the matter of the application of following the date of this order or (b) 8 :4 6 a.m .] Tennessee Financial Corp., Kingsport, later than 3 months after the date of the Term., for approval of action to become order, unless such period is extended for a bank holding company through the ac­ good cause by the Board or by the Fed­ MIDWEST BANCORPORATION, INC. quisition of 50.1 percent or more of the eral Reserve Bank of Atlanta pursuant Notice of Application for Approval of voting shares of Carter County Bank of to delegated authority. Acquisition of Shares of Banks Elizabethton, Elizabethton, Tenn. Dated at Washington, D.C., this 22d There has come before the Board of day of January 1969. Notice is hereby given that application Governors, pursuant to section 3(a)(1) By order of the Board of Governors.® has been made to the Board of Governors of the Bank Holding Company Act of of the Federal Reserve System pursuant 1956 (12 U.S.C. 1842(a) (D ), and § 222.- [ se a l ] R obert P. F orrestal, to section 3(a) (1) of the Bank Holding 3(a) of Federal Reserve Regulation Y (12 Assistant Secretary. Company Act of 1956 (12 U.S.C. 1842 CFR 222.3(a)), and application by Ten­ [F.R. Doc. 69-1278; Filed, Jan. 30, 1969; (a)(1 )), by Midwest Bancorporation, nessee Financial Corp., Kingsport, 8 :4 6 a m ] Inc., Kansas City, Mo., for prior approval Tenn., for the Board’s prior approval of the Board of action whereby Applicant of action whereby Applicant would be­ would become a bank holding company come a bank holding company through through the acquisition of over 80 per­ the acquisition of 50.1 percent or more GENERAL SERVICES cent of the voting shares of each of the of the voting shares of Carter County following banks: Laurel Bank, Raytown, Bank of Elizabethton, Elizabethton, ADMINISTRATION Mo., and Platte Woods Bank, Platte Tenn. Applicant presently owns 31.98 [Federal Property Management Regs.; Tem­ Woods, Mo. percent of the voting shares of First porary Reg. F-39] Section 3(c) of the Act, as amended, Peoples Bank, Johnson City, Tenn. provides that the Board shall not ap­ ADMINISTRATOR, NATIONAL AERO­ Notice of receipt of the application was NAUTICS AND SPACE ADMINIS­ prove (1) any acquisition or merger or published in the F ederal R egister on consolidation under this section which July 18, 1968 (33 F.R. 10294), providing TRATION would result in a monopoly, or which an opportunity for interested persons to Delegation of Authority would be in furtherance of any combina­ submit comments and views with respect tion or conspiracy to monopolize or to to the proposed transaction. A copy 1. Purpose. This regulation delegates attempt to monopolize the business of of the application was forwarded to authority to the Administrator, National banking in any part of the United States, the U.S. Department of Justice for its Aeronautics and Space Administration, or (2) any other proposed acquisition or consideration. to represent the customer interest of merger or consolidation under this sec­ As required by section 3 (b) of the Act, NASA in a telecommunications service tion whose effect in any section of the the Board gave written notice of receipt proceeding. country may be substantially to lessen of the application to the Tenneseee Su­ 2. Effective date. This regulation is competition, or to tend to create a mo­ perintendent of Banks and requested his effective immediately. nopoly, or which in any other manner views and recommendation thereon. In 3. Delegation, a. Pursuant to the au­ would be in restraint of trade, unless it his reply, which was delayed due to ill­ thority vested in me by the Federal Prop­ finds that the anticompetitive effects of ness, the Superintendent recommended erty and Administrative Services Act of the proposed transaction are clearly out­ that the application not be approved. Al­ 1949, 63 Stat. 377, et seq., as amended, weighed in the public interest by the though such recommendation was re­ particularly sections 201(a)(4) and probable effect of the transaction in ceived after the 30-day period provided 205(d) (40 U.S.C. 481(a) (4) and 486(d) ), meeting the convenience and needs of by section 3(b), making unnecessary the authority is delegated to the Adminis­ the community to be served. conduct of a public hearing on the appli­ trator, NASA, to represent the interests Section 3(c) further provides that, in cation, the Board, acting in its discretion, of NASA before the Federal Communi­ every case, the Board shall take into con­ ordered that an oral presentation of cations Commission in a proceeding in­ sideration the financial and managerial views be conducted before the Board, in volving certain applications of ITT resources and future prospects of the order that all interested parties would World Communications, Inc. (PCC company or compahies and the banks have an opportunity to fully state and Docket No. 18411). concerned, and the convenience and support their views. Notice of the oral b. The Administrator, NASA, may re­ needs of the community to be served. presentation was published in the F ed­ delegate this authority to any officer, of­ Not later than thirty (30) days after eral R egister (33 F.R. 14091), and, in ficial, or employee of NASA. the publication of this notice in the F ed­ accordance therewith, an oral presenta­ c. This authority shall be exercised in eral R egister, comments and views re­ tion was held at the Board’s offices on accordance with the policies, procedures, garding the proposed acquisition may be October 9, 1968. All participants were and controls prescribed by the General filed with the Board. Communications afforded full opportunity to support their Services Administration, and further, should be addressed to the Secretary, positions by oral statement and docu­ shall be exercised in cooperation with tne Board of Governors of the Federal Re­ mentary evidence, and were permitted responsible officers, officials, and em­ serve System, Washington, D.C. 20551, an opportunity, following the oral pres­ The application may be inspected at the entation, for the filing of briefs. ployees thereof. office of the Board of Governors or the Having considered all matters prop­ Dated: January 24,1969. Federal Reserve Bank of Kansas City. erly before the Board in this proceeding: L a w so n B. K nott, Jr., Dated at Washington, D.C., this 24th It is hereby ordered, For the reasons Administrator of General Services. day of January 1969. set forth in the Board’s statement1 of [F.R. Doc. 69-12 9 0; Filed, Jan . 30, 1969, By order of the Board of Governors. 8 :4 7 a.m.] 1 Filed as part of the original document. [se a l ] R obert P . F orrestal, Copies available upon request to the Board >ting fo r th is action ; Vice Assistant Secretary. of Governors of the Federal Reserve System, •tson and Governors [F.R. Doc. 69-1277; Filed, Jan. 30. 1969; Washington, D.C. 20551, or to the Federal 1, Brimmer, and Sherrill. Absent 8 :4 6 a.m .] Reserve Bank of Atlanta. oting: Chairman Martin.

FEDERAL REGISTER. VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 NOTICES 1573 in said application, unless an order for in the issuance and sale of face-amount SECURITIES AND EXCHANGE hearing upon said application shall be certificates. At December 31, 1940, Ap­ issued upon request or upon the Com­ plicant maintained 390,654 face-amount COMMISSION mission’s own motion. Persons who re­ certificate accounts, with respect to quest a hearing or advice as to whether which it maintained reserves of $154,- [8 11-16 17 ] a hearing is ordered will receive notice 143,760, which represented an aggregate AMERICAN EQUITY INVESTMENT of further developments in this matter, face (maturity) value of $988,924,480. PLANS including the date of the hearing (if Upon the effectiveness of the Act, Ap­ ordered) and any postponements thereof. plicant ceased the issuance of face- Notice of Filing of Application for For the Commission (pursuant to dele­ amount certificates, and in the period Order Declaring Company Has gated authority). subsequent thereto has continuously Ceased To Be Investment Company acted as principal underwriter of the [ se a l ] O rval L. DuBois, securities issued by, and investment ad­ J anuary 27, 1969. S ecretary. visor for, several registered open-end Notice is hereby given that American [F.R. Doc. 69-1279; Filed, Jan. 30, 1969; management investment companies or­ Equity Investment Plans (“American 8 :4 6 a.m.] ganized by it, and its wholly owned sub­ Equity”), 3301 Van Buren Street, To­ sidiary, Investors Syndicate of America, peka, Kans. 66611, a unit investment Inc., a registered face-amount certificate trust registered under the Investment CRESTLINE URANIUM & MINING CO. company. At December 31, 1967, accord­ Company Act of 1940 (“Act”) , has filed ing to Applicant, the open-end invest­ an application pursuant to section 8 (f) Order Suspending Trading ment companies had aggregate net as­ of the Act for an order declaring that J a n u a r y 27,1969. sets of $6,121,178,255 (representing ap­ American Equity has ceased to be an It appearing to the Securities and Ex­ proximately 14 percent of all mutual investment company as defined in the change Commission that the summary fund assets at that date) and Applicant Act. All interested persons are referred suspension of trading in the common had outstanding 6,264 certificate ac­ to the application on file with the Com­ stock of Crestline Uranium & Mining counts, representing an aggregate face mission for a statement of the represen­ Co., Dènver, Colo., being traded other­ (maturity) value of $6,425,429, with re­ tations contained therein which are wise than on a national securities ex­ spect to which it maintained reserves of summarized below. change is required in the public interest $21,823,714. Pursuant to section 8 (a) of the Act, and for the protection of investors: Applicant states that in the period American Equity filed a notification of from 1941 to 1967 its gross income from registration on March 1, 1968. At the It is ordered, Pursuant to section the underwriting and distribution of time the notification of registration was 15(c) (5) of the Securities Exchange Act securities issued by its associated com­ filed, American Equity proposed to ulti­ of 1934, that trading in such securities panies had risen consistently both in mately offer its securities to the general otherwise than on a national securities absolute terms and as a proportion of public. By reason of business considera­ exchange be summarily suspended, this Applicant’s gross income. Applicant’s tions, however, American Equity has now order to be effective for the period Jan- gross underwriting income amounted to abandoned its contemplated public of­ nary 27, 1969, at 10:45 a.m.,_ ejs.t., $1,357,923 or 11 percent of its uncon­ fering, and has also abandoned any pro­ through February 5, 1969, both dates solidated gross income in 1941, as com­ posal to engage in business as an invest­ inclusive. pared with $37,663,726 or 60 percent ment company. It has no assets and has By the Commission. thereof in 1967. In this same period Ap­ no securities outstanding. plicant’s income from investment advi­ Section 8(f) of the Act provides, in [ se a l ] O val L . D u B o is , sory fees increased from $44,018 or one- pertinent part, that when the Commis­ S ecretary. half of 1 percent of gross income in 1941 sion, upon application, finds that a regis­ [F.R. Doc. 69-1280; Filed, Jan. 30, 1969; to $19,940,678 or 32 percent of gross tered investment company has ceased to 8 :4 6 a.m.] income in 1967 and its investment in­ be an investment company, it shall so come, including principally dividends declare by order, and upon the taking [811—415] (other than from wholly owned subsid­ effect of such order, the registration of iaries) and interest declined from such company shall cease to be in effect. INVESTORS DIVERSIFIED SERVICES, $7,880,107 or 61 percent of gross income Notice is further given that any inter­ INC. in 1941 to $4,534,288 or 7 percent of gross ested person may, not later than Febru­ income in 1967. ary 18, 1969, at 5:30 p.m., submit to the Notice of Filing of Application De­ Applicant represents that it has a sales Commission in writing a request for a claring That Company Has Ceased force of 3,662 full-time sales representa­ hearing on the matter accompanied by To Be Investment Company tives, including 635 district and 172 a statement as to the nature of his in­ divisional sales managers, who operate in terest, the reason for such request, and J a n u a r y 27,1969. all 50 States under exclusive contract the issues of fact or law proposed to be Notice is hereby given that Investors with Applicant, sell no securities other controverted, or he may request that he Diversified Services, Inc. (“Applicant”), than those underwritten by Applicant, ce notified if the Commission shall order 800 Investors Building, Minneapolis, and virtually all of whose earnings come a tiering thereon. Any such communi- Minn. 55402, a Minnesota corporation from Applicant’s underwriting business. anon should be addressed: Secretary, registered as a face-amount certificate Applicant also represents that the mem­ e® and Exchange Commission, investment company under the Invest­ bers of its sales force have been consid­ r J S v * 1’ d c - 20549. A copy of such ment Company Act of 1940 (“Act”) , has ered by the Commission, since at least equest shall be served personally or by filed an application pursuant to section 1951, to be “affiliated persons” of Appli­ i ., ^lr_mail if the person being served 8(f) of the Act for an order declaring cant lor purposes of the Act, and that ^ ocated more than 500 miles from the that Applicant has ceased to be an in­ Applicant has stipulated with the Com­ jutoniJ” upon Applicant at the vestment company as defined in the Act. mission that Applicant’s sales repre­ sen S 5 forth above- Proof of such All interested persons are referred to sentatives, including divisional and attnr^fa ^ affidavit or in case of an the application on file with the Commis­ district managers, are “persons associ­ tomey at law by certificate) shall be sion for a statement of the representa­ ated” with Applicant within the meaning oufSt A+temporaneously with the re- tions contained therein, which are sum­ of section 3(a) (18) of the Securities Ex­ time after said date, as marized below. change Act of 1934 and that Applicant 5 S L by Kule O- 5 of ran* and On December 30, 1940, Applicant reg­ has assumed responsibility for all valid an o r I ? .,nromuli!ated WWer the Act, istered under the Act as a face-amount claims arising out of all securities activi­ herein difppsmS of the application certificate investment company. From its ties of such persons and has undertaken upon thp^K k.e issuec* hy the Commission organization in 1894 until December 31, full responsibility for their compliance basis of the information stated 1940, Applicant was engaged exclusively with all applicable provisions of the

No. 21- -8 FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1574 NOTICES Federal securities laws. Applicant also amount certificate issued by it, other in said application, unless an order for represents that in addition to its sales than solely to the holders of certificates hearing upon said application shall be representatives, 212 of its 941 employees previously issued pursuant to obligations issued upon request or upon the Com­ at December 31, 1967, were engaged ex­ expressed or implied in such certificates, mission’s own motion. Persons who re­ clusively in activities relating to its secu­ as contemplated by section 28(g) of the quest a hearing or advice as to whether a rities distribution business and that an Act. hearing is ordered will receive notice of additional 120 employees were princi­ Applicant states that it will continue further developments in such matter, pally engaged in sales-related activities, to be registered as a broker-dealer under including the date of the hearing while 432 administrative and accounting the Securities Exchange Act of 1934, that (if ordered) and any postponements employees were engaged in both sales- its common stock is listed on the Ameri­ thereof. related and advisory- and service-related can Stock Exchange and that its stock­ By the Commission. activities. holders will continue to have the protec­ Applicant states that it had total tion of the disclosure, reporting, and [ se a l ] O rval L. D uB ois, assets, at December 31, 1967, of $198,- proxy solicitation requirements of the Secretary. 984,846 (with securities of unaffiliated Securities Exchange Act of 1934. [F.R. Doc. 69-1281; Filed, Jan. 30, 1969; issuers taken at cost) and that at such Applicant asserts that it is primarily 8 :4 7 a.m.] date its investments in securities of is­ engaged in the business of underwriting suers other than subsidiaries amounted and distributing securities issued by other to 27 percent of total assets valued at persons and that its gross income nor­ [812-2374] cost or 32 percent of total assets valued mally is derived from such business and LINCOLN NATIONAL LIFE INSURANCE at market. Applicant’s portfolio turn­ that it is not, therefore, by reason of CO. AND LINCOLN NATIONAL over during the 5-year period 1963 section 3(c)(2) of the Act, an “invest­ through 1967 averaged only 4.72 percent. ment company” within the meaning of VARIABLE ANNUITY FUND A Applicant also asserts that since 1949 its the Act and is entitled to an order of the Notice of Application for Exemption certificate reserves as a percentage of Commission under section 8(f) of the total assets have declined from 98 per­ Act so declaring and terminating Appli­ J anuary 27,1969. cent of total assets on December 31,1949, cant’s registration under the Act. Notice is hereby given that The Lin­ to 11 percent of total assets at December Section 3(c)(2) of the Act provides coln National Life Insurance Co. (“The 31, 1967, and that its equity for common that notwithstanding the definition of Lincoln”) , and Lincoln National Variable stockholders has increased, such equity investment company in section 3(a) of Annuity Fund A (“Separate Account”) exceeding certificate liabilities at all the Act, any person primarily engaged (hereinafter “Applicants”) , 1301 South times since 1961, being more than twice in the business of underwriting-and dis­ Harrison Street, Fort Wayne, Ind. 46802, as large at the end of 1963, four times as tributing securities issued by other per­ have filed an application pursuant to large at the end of 1965, and over six sons, selling securities to customers and section 6(c) of the Investment Company times as large at December 31, 1967. acting as broker, or any one or more of Act of 1940, 15 U.S.C. sec. 80a-l et seq. Applicant asserts that it is known such activities, whose gross income nor­ (“Act”), for an order exempting Appli­ in the investment community not as an mally is derived principally from such cants from the provisions of section “investment company” but, rather, as a business and related activities is not an 22(d) of the Act. The Lincoln established unique financial services institution. Ap­ investment company within the meaning Separate Account as the facility through plicant refers to the description of the of the Act. which it will set aside and invest assets company in Moody’s, Bank and Finance Section 8 (f) of the act provides, in attributable to variable annuity con­ Manual, Wiesenberger’s, Investment pertinent part, that when the Commis­ tracts qualifying for certain tax deferred Companies, 1968, Mutual Funds and sion upon application, finds that a benefits under the Internal Revenue Other Types, to its reports to the State of registered investment company has Code of 1954, as amended. Separate New York under the New York Business ceased to be an investment company, it Account is an open-end diversified man­ Corporation Law and to the description shall so declare by order, which may be agement investment company registered of Applicant included in the prospectuses made upon appropriate conditions neces­ under the Act. All interested persons are of its associated mutual fund companies, sary for the protection of investors, and referred to the application on file with which, in substance, refer to Applicant as upon the taking effect of such order the the Commission for a statement of the an underwriter and distributor of securi­ registration of such company shall cease representations contained therein which ties and as the parent company of the to be in effect. are summarized below. , Investers Group. In addition to its in­ Notice is further given that any inter­ Section 22(d) provides, in pertinent vestment company distribution and ested person may, not later than Febru­ part, that no registered investment com" management businesses, Applicant now ary 18, 1969, at 5:30 p.m., submit to the pany shall sell any redeemable security has subsidiaries which are engaged in Commission in writing a request for a issued by it to any person except at a the life insurance, equipment leasing and hearing on the matter accompanied by current offering price described in t financing, consumer credit, mortgage a statement as to the nature of his prospectus. This section has been co- banking, and real estate ownership, interest, the reason for such request and strued as prohibiting variations m management, and financing businesses. the issues of fact or law proposed to be sales load except on a uniform basis. Applicant also states that on April 23, controverted, or he may request that he In connection with the sale of varia 1968, its stockholders, by a vote of be notified if the Commission shall annuity contracts, charges from, 11,778,607 to 126,098, adopted a resolu­ order a hearing thereon. Any such com­ ments are deducted in order to cover tion authorizing Applicant to cease to be munication should be addressed: Secre­ and administrative expenses (and muu an investment company and authorizing tary, Securities and Exchange Commis­ mum death benefits where elected). Applicant’s directors and officers to take sion, Washington, D.C. 20549. A copy of Applicants propose to eliminate all actions necessary or appropriate to such request shall be served personally sales and administrative expense charg effect such result. or by mail (air mail if the person being in cases where a variable annuity Applicant has undertaken that if the served is located more than 500 miles tract is purchased by apphcati & order sought is granted, and as a con­ from the point of mailing) upon appli­ amounts payable by The Linco an ¡n. dition to the grant of such order, (i) so cant at the address set forth above. lump Sum cash distribution long as any face-amount certificate Proof of such service (by affidavit or in surance contract issued by Tk® olicy issued by Applicant remains outstanding case of an attorney at law by certificate) (e.g., the death benefit under a life po^- in accordance with its terms, Applicant shall be filed contemporaneously with the maturity value of an. endovonent will, in respect to such certificates, main­ the request. At any time after said date, tain qualified assets in such amounts and as provided by Rule 0-5 of the rules and eficiaries).. inf of such character as would be required regulations promulgated under the act, licantsncams assert that w«»« *from----- the^ po n. if the provisions of section 28(a) and an order disposing of the application „ of equitable treatment of herein may be issued by the Commission 28(b) were applicable; and (ii) it will Q V P n n not issue, sell, or offer for sale any face- upon the basis of the information stated

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 NOTICES 1575 would exist under the proposed elimina­ [812-2375] sion, by order upon application, may tion of such charges. In all cases a sales LINCOLN NATIONAL LIFE INSURANCE conditionally or unconditionally exempt charge on the premiums under The Lin­ any person from any provision or provi­ coln insurance contracts will have been CO. AND LINCOLN NATIONAL VAR­ sions of the Act or of any rule or regula­ paid. The purpose of eliminating the IABLE ANNUITY FUND B tion thereunder, if and to the extent that sales charges on such transactions is to Notice of Application for Exemption such exemption is necessary or appro­ avoid cumulating such sales charges. priate in the public interest and consist­ Applicants also assert that such elimi­ J anuary 27, 1969. ent with the protection of investors and nation of charges is in the interest of Notice is hereby given that The Lin­ the purposes fairly intended by the policy investors and the public; that no unfair coln National Life Insurance Co. (“The and provisions of the Act. discrimination between contract owners Lincoln”) , and Lincoln National Variable Notice is further given that any inter­ participating in the Fund would result Annuity Fund B, (“Separate Account”) ested person may, not later than Feb­ therefrom; and that such elimination of (hereinafter “Applicants”), 1301 South ruary 14,1969 at 5:30 p.m., submit to the charges would be consistent with the Harrison Street, Fort Wayne, Ind. 46802, Commission in writing a request for a policies of the Act. have filed an application pursuant to hearing on the matter accompanied by Section 6(c) of the Act provides, section 6(c) of the Investment Company a statement as to the nature of his in­ among other things, that the Commis­ Act of 1940, 15 U.S.C. sec. 80a-l et seq. terest, the reason for such request and sion, by order upon application, may (“Act”), for an order exempting Appli­ the issues of fact or law proposed to be conditionally or unconditionally exempt cants from the provisions of section controverted, or he may request that he any person from any provision or provi­ 22(d) of the Act. The Lincoln established be notified if the Commission shall order sions of the Act or of any rule or regula­ Separate Account as the facility through a hearing thereon. Any such communica­ tion thereunder, if and to the extent that which it will set aside and invest assets tion should be addressed: Secretary, Se­ such exemption is necessary or appropri­ attributable to variable annuity con­ curities and Exchange Commission, ate in the public interest and consistent tracts not qualifying for certain tax de­ Washington, D.C. 20549. A copy of such with the protection of investors and the ferred benefits under the Internal request shall be served personally or by purposes fairly intended by the policy Revenue Code of 1954, as amended. mail (airmail if the person being served and provisions of the Act. Separate Account is an open-end diversi­ is located more than 500 miles from Notice is further given that any inter­ fied management investment company the point of mailing) upon Applicants at ested person may, not later than Feb­ registered under the Act. All interested the address stated above. Proof of such ruary 14, 1969 at 5:30 p.m., submit to persons are referred to the application service (by affidavit or in case of an at­ the Commission in writing a request for on file with the Commission for a state­ torney at law by certificate) shall be filed ment of the representations contained contemporaneously with the request. At a hearing on the matter accompanied by therein which are summarized below. a statement as to the nature of his any time after said date, as provided by Section 22(d) provides, in pertinent Rule 0-5 of the rules and regulations interest, the reason for such request and part, that no registered investment com­ promulgated under the Act, an order the issues of fact or law proposed to be pany shall sell any redeemable security disposing of the application herein may controverted, or he may request that he issued by it to any person except at a be issued by the Commission upon the be notified if the Commission shall order current offering price described in the basis of the information stated in said prospectus. This section has been con­ application, unless an order for hearing a hearing thereon. Any such communica­ strued as prohibiting variations in the tion should be addressed: Secretary, upon said application shall be issued sales load except on a uniform basis. upon request or upon the Commission’s Securities and Exchange Commission, In connection with the sale of variable own motion. Persons who request a hear­ Washington, D.C. 20549. A copy of such annuity contracts, charges from pay­ ing, or advice as to whether a hearing is request shall be served personally or by ments are deducted in order to cover ordered will receive notice of further de­ mail (airmail if the person being served sales and administrative expenses (and velopments in this matter, including the is located more than 500 miles from the minimum death benefits where elected). date of the hearing (if ordered) and any Applicants propose to eliminate the postponements thereof. point of mailing) upon Applicants at the charges for sales and administrative ex­ address stated above. Proof of such ser penses in cases where a variable annuity For the Commission (pursuant to ice (by affidavit or in case of an attorn contract is purchased by application of delegated authority). at law by certificate) shall be filed co amounts payable by The Lincoln as a [seal] Orval L. DuB ois, temporaneously with the request. At a: lump sum cash distribution under an S ecretary. insurance contract issued by The Lin­ time after said date, as provided by Ri coln (e.g., the death benefit under a life [F.R. Doc. 69-1283; Filed, Jan. 30, 1969; 0-5 of the rules and regulations promi policy, the maturity value of an endow­ 8 :4 7 a.m.] gated under the Act, an order disposl ment-type contract and cash options of the application herein may be issu available to beneficiaries). NURSUL OIL & MINING LTD. by the Commission upon the basis of t Applicants assert that from the point formation stated in said applicatic of view of equitable treatment of con­ Order Suspending Trading unless an order for hearing upon sa tract owners, no unfair discrimination J anuary 27, 1969. would exist under the proposed elimina­ application shall be issued upon requ< tion of such charges. In all cases a sales It appearing to the Securities and Ex­ p upon the Commission’s own motic charge on the premiums under The change Commission that the summary Arsons who request a hearing, or advi Lincoln insurance contracts will have suspension of trading in the common ! s ? whether a hearing is ordered w been paid. The purpose of eliminating the stock of Norsul Oil & Mining Ltd., Cal­ sales charges on such transaction is to gary, Alberta, Canada, being traded in eceive notice of further developmer the United States otherwise than on a this matter, including the date of t avoid cumulating such sales charges. Applicants also assert that such elim­ national securities exchange is required ordered) and any poi ination of charges is in the interest of in the public interest and for the pro­ Ponements thereof. investors and the public; that no unfair tection of investors: discrimination between contract owners It is ordered,, Pursuant to section 15 teSraw ea u ttS ^ °n (pursuant 40 participating in the Fund would result (c) (5) of the Securities Exchange Act [SEAL] therefrom; and that such elimination of of 1934, that trading in the United States Orval L. DuB ois, charges would be consistent with the in such securities otherwise than on a S ecretary. [P-R, Doc. policies of the Act. national securities exchange be sum­ 69-1282; Piled, Jan. 30, 1969: Section- 6 (c) of the Act provides, marily suspended, this order to be effec­ 8 :4 7 a.m.] among other things, that the Commis­ tive for the period January 27, 1969,

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1576 NOTICES through February 5, 1969, both dates Railroads, agent, tariffs ICC C-383 and New Hampshire, lumber from Dover, inclusive. C-382, respectively. N.H., to Amesbury, Mass., and boats from FSA No. 41552—Beet pulp from Bil­ Amesbury, Mass., to Providence, Ports­ By the Commission. lings, Mont. Filed by Trans-Continental mouth, and Westerly, R.I., Greenwich [ s e a l ] O r v a l L . D u B o i s , Freight Bureau, agent (No. 454), for in­ and Hartford, Conn., Wolfeboro, Alton S ecretary. terested rail carriers. Rates on beet pulp, Bay, and Westport, N.H., and Ellsworth [F.R. Doc. 69-1284; Filed, Jan. 30, I960; as described in the application, in car­ and Biddeford, Maine. Kenneth B. Wil­ 8:47 ajn.] loads, from Billings, Mont., to points in liams, 111 State Street, Boston, Mass. New Mexico, Oklahoma, and Texas. 02109, attorney for applicants. Grounds for relief—Market competi­ No. MC-FC-70950. By order of Janu­ tion, modified short-line distance for­ ary 17, 1969, the Transfer Board ap­ INTERSTATE COMMERCE mula and grouping. proved the transfer to Chinook Trans­ Tariff—Supplement 134 to Trans­ portation Corp., Tacoma, Wash., of the COMMISSION continental Freight Bureau, agent, tariff operating rights in certificate No. MC- ICC 1725. 126783 issued November 18, 1965, to FOURTH SECTION APPLICATIONS William E. Hesselgrave, doing business FOR RELIEF A g g re g ate - o f -I ntermediates as Puyallup Sumner Stages, Sumner, FSA No. 41550—All-rail LCL class rates Wash., authorizing the transportation, J a n u a r y 28, 1969. between points in southwestern territory. over regular routes, of passengers and Protests to the granting of an appli­ Filed by J. D. Hughett, agent (No. 90), for their baggage, and express and news­ cation must be prepared in accordance interested rail carriers. Rates on various papers in the same vehicle with passen­ with Rule 1100.40 of the general rules commodities moving on all-rail LCL gers, between Tacoma, Wash., and Fair­ of practice (49 CFR 1100.40) and filed class rates, between points in south­ fax and Orting, Wash., serving specified within 15 days from the date of publi­ western territory, including Mississippi intermediate points. Vernon L. Lindskog, cation of this notice in the F ed eral River Crossings, Memphis, Tenn., and 202-212 Security Building, Olympia, R e g is t e r . south. Wash. 98501, attorney for applicants. L o n g - a n d -S h o r t H a u l Grounds for relief—Maintenance of No. MC-FC-71018. By order of Janu­ depressed rates published to meet market ary 15, 1969, the Transfer Board ap­ FSA No. 41547—Anhydrous ammonia competition without use of such rates proved the transfer to Regent Van & from, to and between western points. as factors in constructing combination Storage, Inc., 4112 Wheeler Avenue, Filed by Southwestern Freight Bureau, rates. Alexandria, Va. 22304, of certificate No. agent (No. B -ll), for interested rail car­ MC-109856 (Sub-No. 1), issued Au­ riers. Rates on anhydrous ammonia, in By the Commission. gust 27,1965, to Seaboard Van Lines, Inc., tank carloads, as described in the ap­ [ s e a l ] H. N e il G a r s o n , 3001 Branch Avenue, Hillcrest Heights, plication, from, to and between points S ecretary. Md. 20031, authorizing the transporta­ in western trunkline and southwestern tion of household goods as defined by the territories. [F.R. Doc. 69-1293; Filed, Jan. 30, 1969; Commission, between Washington, D.C., Grounds for relief—Carrier competi­ 8 :4 8 a.m.] on the one hand, and, on the other, points tion. in Maryland, Delaware, New Jersey, Tariff—Supplement 38 to Southwest­ [Notice 284] Pennsylvania, West Virginia, Ohio, ern Freight Bureau, agent, tariff ICC Indiana, Illinois, Wisconsin, Michigan, 4780. MOTOR CARRIER TRANSFER Virginia, Kentucky, North Carolina, FSA No. 41548—Salt from Rittman, PROCEEDINGS South Carolina, Georgia, New York, Con­ Ohio, to Henderson, N.C. Filed by Traffic J a n u a r y 28, 1969. necticut, Rhode Island, and Massachu­ Executive Association-Eastern Railroads, setts; also between Washington, D.C., on agent (E.R. No. 2933), for interested rail Synopses of orders entered pursuant the one hand, and, on the other, points carriers. Rates on salt, common (sodium to section 212(b) of the Interstate Com­ in Maryland and Virginia within 40 chloride), in bulk, in carloads, as de­ merce Act, and rules and regulations miles of Washington. scribed in the application, from Rittman, prescribed thereunder (49 CFR Part No. MC-FC-70973. By order of Janu­ Ohio, to Henderson, N.C. 1132), appear below: ary 17, 1969, the Transfer Board ap­ Grounds for relief—Market competi­ As provided in the Commission’s spe­ proved the transfer to Hussey’s Moving tion. cial rules of practice any interested per­ & Storage, Inc., Vallejo, Calif., of the Tariff—Supplement 48 to Traffic Ex­ son may file a petition seeking recon­ operating rights in certificate No. MC- ecutive Association-Eastern Railroads, sideration of the following numbered 112241 issued January 8, 1958, to Bert agent, tariff ICC C-262. proceedings within 20 days from the Hussey, doing business as H u ssey ’s, Val­ FSA No. 41549—Chlorine from St. date of publication of this notice. Pur­ lejo, Calif., authorizing the transporta­ Gabriel, La. Filed by O. W. South, Jr., suant to section 17(8) of the Interstate tion, over irregular routes, of househwa agent (No. A6078), for interested rail Commerce Act, the filing of such a peti­ goods between points in California witn- carriers. Rates on chlorine, in tank car- tion will postpone the effective date of in 50 miles of Vallejo, Calif., including loads, from St. Gabriel, La., to Selma, the order in that proceeding pending its Vallejo, with certain restrictions. Ray­ Ala., Louisville, Ky., and Kingsport, disposition. The matters relied upon by mond A. Greene, Jr., 405 Montgomery Tenn. petitioners must be specified in their Street, San Francisco, Calif. 94104, a - Grounds for relief—Market competi­ petitions with particularity. torney for applicants. tion. No. MC-FC-70943. By order of Janu­ No. MC—FC-71020. By order of Janu ary 17, 1969, the Transfer Board ap­ Tariff—Supplement 83 to Southern ary 17, 1969, the Transfer Board ap­ Freight Association, agent, tariff ICC proved the transfer to Haverhill Movers, proved the transfer to W alter Sessom, Inc., Haverhill, Mass., of certificate No. doing business as Sessoms T ru c k in g •> S-699. MC-47563, issued October 3, 1966, to Roseboro, N.C., of the operating rig FSA No. 41551—Calcium from M osher, Milton N. Mencis and Lloyd R. Butcher, certificate No. MC-117450 ^ub- • , Mo. Filed by Southwestern Freight Bu­ doing business as Haverhill Movers, issued November 14, 1963, to Ric te reau, agent (No. R-6) , for interested rail Haverhill, Mass., authorizing the trans­ Norwood Pate, doing business as carriers. Rates on calcium, carbonate of, portation of household goods between Transfer Co., Clinton, N.C., »uthori in carloads, as described in the applica­ Amesbury, Mass., on the one hand, and, the transportation of clay jnts tion, from Mosher, Mo., to points in of­ on the other, points in Connecticut and points in Sampson County, N.C., to> P ficial territory. between Amesbury, Mass., and points in New York, New Jersey, Delaware, u Grounds for relief—Market'competi­ within 15 miles of Amesbury, on the one necticut, Maryland, V irg in ia , tion. hand, and, on the other, points in Maine Carolina, South Caroima, Georg Alabama, Mississippi, F lo rid a , Tariffs—Supplements 270 and 124 to and New Hampshire, show cases from Maine, Traffic Executive Association-Eastern Amesbury, Mass., to points in Maine and Pennsylvania, Louisiana,

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 NOTICES 1577 Hampshire, Vermont, West Virginia, direction, delivered during the preceding 175 empty plain serviceable boxcars with Indiana, Kentucky, Illinois, and the Dis­ week, ending each Sunday at 11:59 p.m. inside length less than 44 feet 8 inches trict of Columbia. R. Maurice Holland, (d) The carriers receiving the carsand doors less than 8 feet wide. Excep­ Post Office Box 488, Roseboro, N.C. 28382, described above must advise Agent R. D. tion: Canadian ownerships. attorney for applicants. Pfahler each Wednesday as to the num­ It is further ordered, That the rate of [seal] H. N e il G a rso n , ber of cars received during the preceding delivery specified in this direction shall S ecretary. week, ending each Sunday at 11:59 p.m. be maintained within weekly periods (2) Regulations suspended. The oper­ ending each Sunday at 11:59 p.m., so [F.R. Doc. 69-1294; Fijed, Ja n . 30, 1969; ation of all rules and regulations, inso­ that at the end of each 7 days the full 8 :4 8 a.m.] far as they conflict with the provisions delivery required for that period shall of this direction, is hereby suspended. have been made. (3) Effective date. This direction shall It is fu rth er ordered, That cars applied [S.0.1002; Car Distribution Direction No. 27] become effective at 12:01 a.m., Jan­ under this direction shall be so identified FLORIDA EAST COAST RAILWAY CO. uary 29,1969. on empty car cards, movement slips, and ET AL. (4) Expiration date. This direction interchange records as moving under shall expire at 11:59 p.m., February 15, the provisions of this direction. Car Distribution 1969, unless otherwise modified, changed, (b) The carrier delivering the empty To: Florida East Coast Railway Co., or suspended by order of this Commis­ boxcars as described above must advise Seaboard Coast Line Railroad Co., Illi­ sion. Agent R. D. Pfahler each Wednesday as nois Central Railroad Co. It is further ordered, That a copy of to the number of cars, covered by this this direction shall be served upon the direction, delivered during the preceding Pursuant to section 1 (15) and (17) of Association of American Railroads, Car week, ending each Sunday at 11:59 p.m. the Interstate Commerce Act and au­ Service Division, as agent of all railroads (c) The carrier receiving the cars de­ thority vested in me by Interstate Com­ subscribing to the car service and per scribed above must advise Agent R. D. merce Commission Service Order No. Pfahler each Wednesday as to the num­ 1002. diem agreement rnfder the terms of that agreement; and that notice of this direc­ ber of cars received during the preced­ It is ordered, That : tion be given to the general public by ing week, ending each Sunday at 11:19 (1) Each common carrier by railroad depositing a copy in the Office of the p.m. subject to the Interstate Commerce Act Secretary of the Commission at Wash­ (2) Regulations suspended. The op­ shall comply with the following distri­ ington, D.C., and by filing it with the Di­ eration of all rules and regulations, inso­ bution directions: rector, Office of the Federal Register. far as they conflict with the provisions (a) The Florida East Coast Railway Issued at Washington, D.C., Janu­ of this direction, is hereby suspended. Co. shall deliver to the Seaboard Coast ary 27,1969. (3) Effective date. This direction shall tine Railroad Co. a weekly total of 175 become effective at 12:01 a.m., Janu­ empty plain serviceable boxcars with I nterstate C omm erce ary 29,1969. inside length less than 44 feet 8 inches C o m m iss io n , (4) Expiration date. This direction and doors less than' 8 feet wide. Excep­ [ se a l ] R. D. P fah le r, shall expire at 11:59 p.m., February 15, tions: Canadian ownerships. Agent. 1969, unless otherwise modified, changed (b) The Seaboard Coast Line Railroad [F.R. Doc. 69-1295; Filed, Jan. 30, 1969; or suspended by order of this Com­ Co. shall deliver to the Illinois Central 8 :4 8 a.m.] mission. Railroad Co. a weekly total of 175 empty It is further ordered, That a copy of plain serviceable boxcars with inside this direction shall be served upon the length less than 44 feet 8 inches and [S.O. 1002; Car Distribution Direction No. 28] Association of American Railroads, Car doors less than 8 feet wide. Exceptions: LOUISVILLE AND NASHVILLE RAIL­ Service Division, as agent of all rail­ Canadian ownerships. ROAD CO. AND ILLINOIS CEN­ roads subscribing to the car service It is further ordered, That the rate TRAL RAILROAD CO. and per diem agreement under the terms ,delivery specified in this direction of that agreement; and that notice of shall be maintained within weekly pe­ Car Distribution this direction be given to the general riods ending each Sunday at 11:59 p.m., public by depositing a copy in the Office so that at the end of each 7 days the full Pursuant to section 1 (15) and (17) of of the Secretary of the Commission in delivery required for that period shall the Interstate Commerce Act and au­ thority vested in me by Interstate Com­ Washington, D.C., and by filing it with have been made. the Director, Office of the F ederal merce Commission Service Order No. R eg ister. It is further ordered, That cars applied 1002. under this direction shall be so identi- It is ordered, That : Issued at Washington, D.C., Janu­ hea on empty car cards, movement slips, ary 27,1969. and interchange records as moving under (1) Each common carrier by railroad the provisions of this direction. subject to the Interstate Commerce Act I nterstate C omm erce shall comply with the following dis­ C o m m iss io n , (c) The carriers delivering the empty tribution directions: [se a l ] R. D. P fah le r , H » * described above must advise (a) The Louisville and Nashville Rail­ Agent. D- Pfahler each Wednesday road Co. shall deliver to the Illinois [F.R. Doc. 69-1296; Filed, Jan. 30, 1969; as to the number of cars, covered by this Central Railroad Co. a weekly total of 8 :4 8 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 21— FRIDAY, JANUARY 31, 1969 1578 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— JANUARY

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

Page 3 CFR page 7 CFR—Continued p&ge 8 CFR— -Continued Proclamations: 70______1225 2 2 i______: ------— 1008 Jan. 9, 1936 (terminated by 210______807 235______129 Proc. 3885)______591 215______807 238______1008 May 7, 1936 (terminated by 220___ 807 299______— 129 Proc. 3885)______591 250______- 547, 807 316a______1008 Nov. 28, 1940 (see Proc. 3885) _ 591 301 ______303, 305,1435 1487 (see Proc. 3890) — ------911 401 ______313, 376, 377 9 CFR 1875 (see Proc. 3887) —._____ 905 413______701 74______1113 2246 (see Proc. 3888)------— 907 706______— ----- 313 112______610 2312 (see Proc. 3887) ———.— 905 719______- 244 Proposed R ules: 2954 (terminated in part by 722______5, 55, 808, 924, 1225 Proc. 3885)— _____ 591 724 ______- ___ 1225 Ch. m ______207 3099 (terminated by Proc. 729 ______56 301______1169 730______124, 703,1435 317______1169 3885) ______591 1169 3249 (see Proc. 3888)______907 751______925 328______3360 (see Proc. 3887)------905 775______5 3548 (see Proc. 3884)_____ 235 792______1551 TO CFR 3558 (see Proc. 3884)_____ 235 794___.______1226 140______705 3562 (see Proc. 3884)_____ 235 814— ______—:------125 P roposed Rules: 3597 (see Proc. 3884)------235 815______56, 425 1 - ______869 3709 (see Proc. 3884)_____ 235 817______378 2 . 869 3790 (see Proc. 3884)_____ 235 857______809 50 ______869 3822 (see Proc. 3884)------235 874______1227 869 3856 (see Proc. 3884)------235 891—______809 115______3870 (see Proc. 3884)------235 905______245, 246, 379, 428, 925 3884 ______235 907______57, 1 2 CFR 3885 ______- 591 127, 318, 428, 609, 809, 1006, 1227, 1436 3886-______903 1436. 14 ______1437 3887______:__------905 909______810 21 ______612 3888 ------910— 6,127, 907 246, 428, 495, 810,1228,1303 201 —______1113 3889 _;______915 909______1------495 211 ______614 21 fi _ _ 615 3890 ______917 ______911 705 57 3891-__— ______913918 ______380 91R ______929______705, 1303 2RR ______. . 617 3892______1433 32fi ______618 944 ____ 547 _ 247 Executive Orders: 945 ______495 33D ______Nov. 4, 1879 (revoked by PLO 947______926,1228 509______-- 318,1113 545 ______547 4563)______—------1024 966______128 _ 547 1733 (see PLO 4564) ------— 1024 980______128 KA7 11225 (amended by EO 11449) _ 917 1002______926 549 __— 547 11229 (revoked by EO 11449) — 917 1046______811 561------247550 11442 ______187 1106______1007 621 11443 _____ — 541 1421______6,1228,1229 11444 ______— 543 1427__ — 8 P roposed R u l e s : 11445 ______545 1434______— ------246 207 ____ 1330 11446 ______803 1443______1230 221 ______1330 11447 ______805 1474______H32 54R ______324,1450 11448 ______— ------915 1483______609 11449—:__—— ------917 P roposed R u l e s : 13 CFR 11450___ —— ___ — ----- 919 26______— 151, 864 . 1234 11451 ______— 921 724______324 ------70o 11452 ______1223 777 397 11453— ______— — — 1301 P roposed R u l e s : 912 ;___——— ____941,1253 . 1180 4 CFR 913 _— ______—____ 151,1169 929___v.______13 201__ 303 945______-__ — ------152 14 CFR 953—_____—____ — ___ __ 1564 363 5 CFR 1007______960 213______239,1303,1551 1064______868 511______—————————------1303 1071______— ------78 129, 130, 550, 707, 811, 534------—---- 1303 1104_____ — ----;------78 1369,1521. 550______— 123 1106______—:_____ - — — 78 __ 248, 550 831______--5931120______1400 130, 930— ______— 1551 1130______———- 466 131. 248-250, 429, 430, 550, 593, 1132______—___- 1400 1010,1011,1369-1372, ^ 7 CFR 25U,*’1 5 ______-______1132 8 CFR — liti 6 _ —-______923 100______-—--- 1007 1439,152-J 15______— H32 103______I------1007 97 35, 368. 708.1114,1235 923 53______- __ - ____ — 239 204______1008 99__ ------189 68—_____.______189 212___- ______•______129, 1008 135-——— FEDERAL REGISTER 1579 14 CFR— Continued Page 18 CFR— Continued Page 25 CFR Page 151______- _____131, 551 Proposed R ules: 177------813 208______431 141______767 221------1018 295______—— 432 P roposed R ules: 302______1372, 1373 19 CFR 131------757 378______432 1------197 221------14, 1168 1209______721 10------384 Proposed R ules: 14------434 26 CFR 21______- ______453 16— _—__— ______1132, 1377 1------254, 23______210 18 ------58, 384 502, 554, 730, 742, 816, 827, 832, 25______465, 941 25---- 384 931, 933, 995, 996,1380,1439. 36__ 453 996 39______14,152, 261 20 CFR 31— ------, 1554 147------835 61______1328 401______197 71______15, 404 ------58, 322, 385-387 201------363, 1555 153-155, 261-264, 400-402, 561, 405 ______387 240------1555 625, 1052-1054, 1170-1172, 1401- 422______435 301------996 1403,1564-1566. 514------___------135 Proposed R ules: 73______615, 1170 Proposed R ules: 121______264, 465, 941,1443 404 ______207 405 ------1254 1------397, 508, 863,1028,1030 123__ 465 194------442, 755 127______264, 1443 135______210, 1443 21 CFR 201------260, 442 157______16 1 ------930 27 CFR 249______760 2 ------553 Proposed R ules: 298______1175 8—z.------250, 435 302______'_____ 625 19 ------251 5— ------1040, 1400 375______760 42------251 6— ------___ 1051 389______625 51—------1553 28 CFR 120 _ 252, 726, 1014, 1378, 1379, 1553 15 CFR 121 ------252, 253, 553, 1233, 1379 8-'------— ------1557 6______132 141c______1379 21------436 9______132 146a------253 30______811 146c___ 1379 29 CFR 370 ______1011 147—------254 4— ------555 371 ______1012 148e------931 20------143 373______1012 148p------1554 60— ------1018 379_____ 1012,1153 148q------254 694------254 384 __ ___ 132 305______496 727 ------601 385 _ — 1153 Proposed R ules: 728 ______74 1020______593 7 2 9------___----II 75 1025______721 1------758 778------144 1030___ 3------260 ___ 593 121______260 860----- 322 1035______1013 Proposed R ules: 1040______721 128______399 1050______” , 138______516 464 ------io5l ___ 721 191—______260 465 ------1051 Proposed R ules: 320-----— ___...... 1168, 1400 697...... H69 7___ 398 10______483 22 CFR 30 CFR 16 CFR 123------H33 2------1------1233 124—------_------H33 45...... H33 ------319-321,531,552, 926-929,1538 225------1019 15 ------_------724 23 CFR P roposed R ules: 3J?------— 1377 1------727,1380 55 ------;______656 418------929 21------— ------'__ 1014 56 ------.------666 57 - 677 .Proposed R ules: 22------1016 419------218 24 CFR 31 CFR 17 CFR 3 . 123691------;__ 503 i_ _ _ 5_------496 32 CFR 15.__IIIIIIIIII"!— ------599 812 201______I I I . 497 48------837 i d -- 812 203------497,1438 86------436 2 3 1 _ 321 207------497, 554, 1438 91------837 249------382 213------1438 518------391 27i_mini— — — 554 220 ------498, 1438 1460______436 383 221 ------498, 1438 1812------1557 Proposed Rules: 232------499, 1438 150__ 32A CFR 239__ 624 234------499, 1438 274. -• — ■——----- 1180 235_¡------499,1438 OIA (Ch. X ): 1180 236------500,1238,1439 Reg. 1------____ 391, 602, 1137 18 CFR 241—------74, 501,1439 P roposed R ules: 810------501 OIA (Ch. X ): 813 1000______1439 Reg. 1------_ 940 813 1100------1439 725 P roposed R ules: 33 CFR 725 1710 1259 110 392, 743, 838, 939,1380,1381 1580 FEDERAL REGISTER

33 CFR— Continued Page 41 CFR— Continued Page 45 CFR— Continued Page 117______839 P roposed R u l e s : 233______10, 393,1146,1319,1394 204_;______393, 1439 60-20— ______—. 758 234— ______1321,1323 208______75 237— ______11, 751 42 CFR 248______1320 35 CFR 21____ 706 249— ------1323,1397 255_____ 936 73______—------10 250______205, 752,1244 81______555,1386 280______1324 36 CFR 200_____ 1______1387 300r_------1398 208— ______1241 301______- ______1398 221- ______743 307______;_____ 1399 231—___ 504 P roposed R u l e s : 350______1399 P roposed R u l e s : 81______399, 400 407______._____—______1245 7______624, 863,1253 901______1325 43 CFR 903 ______1325 37 CFR 23______852 904 ______1326 P roposed R u l e s : 1720______393 905 ______1326 1______324 2230______*___ 857 906 ______1326 4110______506, 706 P roposed R u l e s : 38 CFR 5400—______861 401 ______- 1474 5410______862 402 ______1474 3______- ______839 5420______862 403 ______-______1474 21______840-841, 843 5430______862 404 ______1474 6000______857 405 ______1474 39 CFR 6010______858 406—______1474 125— ______145 6200______858 408 ______ï___ 1474 1 3 4 - ______255 6220______859 409 ______1474 1 3 6 - ______145 6250— ______860 222— ______X____ 1381 6260______860 46 CFR 2 2 3 - ______1383 6270______861 171______394 224— ______1383 173______394 ______1383 P u b l ic L and O rd e rs: 242— 1949 (revoked in part by PLO P roposed R u l e s : 2 4 6 - ______1383 217 ______i __ 1384 4564)______1024 540______— ------2 4 7 - 2213 (see PLO 4584)______1143 2 5 1 - ______1384 47 CFR ______1384 2253 (see PLO 4584)------1143 752 252„ 2451 (revoked in part by PLO o______2 7 2 - ______1384 1441 2______556, 1542 8 2 2 - ______846 4575) ______73______505,558, 1025 3375 (revoked in part by PLO 396 957______602, 1138 4576) ______1141 74 ______81______1544 4341 (revoked in part by PLO 1545 41 CFR 4566)______1025 83______— 87______752, 1026 4_4______9,146 4560 ______t______76 . 752 4-10______146 4561 ______200 97______- 11, 259 P roposed R u l e s : 4-18______146 4562 ______1057 5A-1______436 4563 ______1024 2 483, 5A-2______438 4564 ______1024 73 ______1176, 5A-72_____ £3 — ------—— 438 4565 ______1025 761, 1059, 1061, 1063, 1064, 1025 1328,1329. 5A-73______438 4566 ______74 ______517, 761,872, 1177 7-3______——------76 4567 ______1139 517 7_4______256 4568 ______1139 8 1______— ------517 7-6—______256 4569 ______1139 83______7- 16 ______„______76, 258 4570 ______1140 49 CFR 8- 1______-___-______852 4571 ______1140 1026 1140 l __ —— 8-7______852 4572 ______— 71. 605 8-11______852 4573 ______1140 1147 367 1149 8-12---- — — ——------852 4574 _— ______— 1140 369 10-12______— 9 4575 ______— ------1441 371______113,115, 559,1150 1246 1141 1563 12B-1______1384 4576 ______375—J___— ------1246, 12B-2______1385 4577 ______— 1141 936 1141 385______937 12B-3______1385 4578 ______386______12B-6______1386 4579 ______1141 1152 1143 394______— 441 12B-7______438 4580 ______1000—————— ------12B-16______438,1386 4581 ______, 1143 11 , 12,, 206 1025 1033— — — ----- 441 14-1 ______198, 1305 4582 ______—— 1100— — ————------14-2______199, 1305 4583 ______1143 441 1143 1131— ------—— 1441 14-7______199 4584 ______1206— —— —------——— 25-1______1439 1442 45 CFR 1240— — —------—— 1442 25-30______1440 1249_------206 25-50______- ______1440 4______- ______555 1307______50-201______788 8______201 P roposed R u l e s : 1175 50-204______788 60______—------si- 1305 1174 60-1____-______744 71______1390 ^ — ——— 17 101-26______200, 439, 1239 114___— ______745 375— ______1056, 1057 101-27______200 123______» ______201 393______101-32______1239 124— — ------s.M*8. 1311 105-61______200 160______- ______1313 50 CFR 323,607, 114-1______439 205______1144 28_ 1442 114-3______440 220______1354 32 114-42______1020 225 ______1319 33— ——" W , 206, 505, 559_, 560, 6"o7>. Jg J 114-43______1020 226 ______1243 258______