FEDERAL REGISTER VOLUME 34 • NUMBER 115 Tuesday, June 17,1969 • Washington, D.C. Pages 9413-9479

Agencies in this issue— Agency for International Development Agricultural Research Service Agricultural Stabilization and Conservation Service Atomic Energy Commission Business and Defense Services Administration Civil Aeronautics Board Commodity Credit Corporation Consumer and Marketing Service Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Federal Trade Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau Securities and Exchange Commission Detailed list of Contents appears inside. Subscriptions Now Being Accepted SLIP LAWS

91st Congress, 1st Session 1969

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AGENCY FOR INTERNATIONAL CONSUMER AND MARKETING FEDERAL RESERVE SYSTEM DEVELOPMENT SERVICE Notices Rules and Regulations Rules and Regulations Charter New York Corp.; applica­ Commodity transactions financed Lemons grown in California and tion for approval of acquisition by A.I.D.; discontinuance of cer­ Arizona; handling limitation— 9417 of shares of bank______9472 tificate and agreement regard­ ing concerted pricing------9418 Proposed Rule Making FEDERAL TRADE COMMISSION Nectarines grown in California; AGRICULTURAL RESEARCH expenses and rate of assessment Rules and Regulations SERVICE for 1969-70 fiscal period and Nonadjudicative procedures; mo­ carryover of unexpended funds. 9455 tions to limit or to quash Com­ Proposed Rule Making Oranges, grapefruit, tangerines, mission orders to file annual or Economic poisons; warning, cau­ and tangelos grown in Florida; special reports______9438 tion, and antidote statements on decision and referendum order. 9454 labels; extension of time------9454 Proposed Rule Making Release of confidential informa­ AGRICULTURAL STABILIZATION FEDERAL AVIATION tion ______9457 AND CONSERVATION SERVICE ADMINISTRATION Rules and Régulations Rules and Regulations FISH AND WILDLIFE SERVICE Rice; marketing quota régula­ Alterations; corrections: Rules and Regulations tions; 1969 rate of penalty— _ 9417 Domestic VOR airways______9419 Groundfish fisheries; use of mul­ Sugar; beet sugar area, 1968 and Federal airways and transition tiple flap-type and Polish-type subséquent crops------9417 areas ______9419 chafers______9419 Standard instrument approach Sport fishing; Chincoteague Na­ AGRICULTURE DEPARTMENT procedures; miscellaneous tional Wildlife Refuge, Va____ 9419 See Agricultural Research Serv­ amendments______9420 ice; Agricultural Stabilization FOOD AND DRUG and Conservation Service; Com­ Proposed Rule Making modity Credit Corporation; Control zone and transition areas; ADMINISTRATION Consumer and Marketing Serv­ designation and alteration____ 9457 Rules and Regulations ice. Requirement for additional atti­ Drugs; zinc bacitracin______9438 tude instrument in large turbo­ Food additives; polyethylene___ 9438 ATOMIC ENERGY COMMISSION jet airplanes______9456 Food additives and pesticide Notices chemical tolerances; captan__ 9437 Rochester Gas and Electric Corp. ; FEDERAL COMMUNICATIONS Pesticide chemical tolerances: proposed issuance of provisional COMMISSION 2- (p-tert - Butylphenoxy) cyclo­ operating license______9466 hexyl 2-propynyl sulfite____ 9437 Notices F olpet------9437 BUSINESS AND DEFENSE Radio Antilles, Inc., et al.; hear­ Notices SERVICES ADMINISTRATION ing, etc.______:______9468 Drugs for human use; efficacy Notices study implementation; certain Duty-free entry of scientific FEDERAL MARITIME short-acting systemic sulfon­ articles : COMMISSION amides ______9464 Clarkson College of Technology FMC Corp; pesticide chemical et al____ _*______9459 Notices petition ______9464 Florida State University______9459 Agreements filed for approval : Kosair Crippled Children Hos­ City of Los Angeles and Matson GENERAL SERVICES pital ______9460 Navigation Co_____ I ______9470 ADMINISTRATION Michigan State University____ 9460 City of Oakland and Marine National Institutes of Health_ 9460 Terminals Corp______9470 Rules and Regulations Tulane University et al______9461 Fearnley & Eger and A. F. Regular purchase program other University of California______9461 Klaveness & Co______9470 than Federal supply schedule; University of Maryland______9462 Fern Line-Barber-Fern Line__ 9470 identifying stock items for University of Michigan______9462 Sea-Land Service, Inc.; general which standard pack has been University of Texas et al_____ 9462 increases in rates in U.S. Atlan- developed______9418 University of Virginia et all___ 9463 tic/Puerto Rico trade______9471 CIVIL AERONAUTICS BOARD HEALTH, EDUCATION, AND FEDERAL POWER COMMISSION Notices WELFARE DEPARTMENT Tag Airlines, Inc.; hearing, etc__ 9468 Notices See Food and Drug Administra­ Hearings, etc.: tion. COMMERCE DEPARTMENT Atlantic Richfield Co. and Gulf See Business and Defense Services Oil Corp______;______9471 INTERIOR DEPARTMENT Administration. Pan American Petroleum Corp. and Aztec Oil & Gas Co_____ 9471 See Fish and Wildlife Service; COMMODITY CREDIT Pan American Petroleum Corp. Land Management Bureau. CORPORATION et al______9471 Star Gas Co. et al______9471 INTERNAL REVENUE SERVICE Rules and Regulations Sunray DX Oil Co______9471 Proposed Rule Making Rye; 1969 crop loan and purchase Texaco, Inc______9472 program; support rates; cor­ Texaco, Inc., -et al______9472 W ine______9440 rection ______9418 Welch, J. R„ et al______9472 (Continued on next page) 9415 9416 CONTENTS

INTERSTATE COMMERCE LAND MANAGEMENT BUREAU STATE DEPARTMENT COMMISSION Notices See Agency for International De­ Notices New Mexico; modification of graz­ velopment. Car distribution directions; cer­ ing district; correction______9459 tain railroad companies (9 TRANSPORTATION DEPARTMENT documents)______9473-9475 SECURITIES AND EXCHANGE See Federal Aviation Administra­ Motor carriers: COMMISSION tion. Temporary authority applica­ tions ______9475 Notices Transfer proceedings (2 docu­ Appalachian Power Co. et al.; TREASURY DEPARTMENT ments) ______9477 hearing, etc______9472 See Internal Revenue Service.

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.

7 CFR 14 CFR 26 CFR 730______9417 ^ documents) 9419 P roposed R ules: 842______9420 240______— ______9440 910______9417 Proposed Rules: 1421______9418 29----*------9456 41 CFR P roposed R ules: 9«6 5A-72------9418 362______9454 121------9456 50 CFR 905______9454 16 CFR 33______9419 916______9455 2 9438 240------9419 P roposed R ules: 9457 21 CFR 120 (3 documents)------9437 121 (2 documents)______9437, 9438 141e______9438 22 CFR 201____ 9418 9417 Rules and Regulations

Chapter VIII—-Agricultural Stabiliza­ eligible for abandonment or deficiency Title 7— AGRICULTURE tion and Conservation Service payments. (Sugar), Department of Agriculture A further eligibility requirement is Chapter VII— Agricultural Stabiliza­ that the county ASCS office be notified tion and Conservation Service SUBCHAPTER F— DETERMINATION OF NORMAL of the intention to abandon the acre­ (Agricultural Adjustment), Depart­ YIELDS AND ELIGIBILITY FOR ABANDONMENT age before the sugar beets are destroyed ment of Agriculture AND CROP DEFICIENCY PAYMENTS or the acreage is used for other pur­ [§ 842.2, Amdt. 2] poses. This provides an opportunity for SUBCHAPTER B— FARM MARKETING QUOTAS a representative of the office to deter­ AND ACREAGE ALLOTMENTS PART 842— BEET SUGAR AREA mine whether or not the abandonment [Amdt. 6] 1968 and Subsequent Crops resulted directly from one of the causes specified in the Act. A few instances PART 730— RICE Pursuant to the provisions of section have occurred wherein producers in 303 of the Sugar Act of 1948, as amended, areas which have suffered widespread Subpart— Rice Marketing Quota Reg­ § 842.2 (33 F.R. 9586, 10277, 11392) is crop damage have failed to report ulations for 1967 and Subsequent amended by revising subparagraphs (1) the abandonment to the county ASCS Crop Years and (5) of paragraph (a) to read as office prior to the abandonment, believ­ follows: ing that the cause of the damage to the 1969 R ate of P enalty § 842.2 Eligibility for acreage abandon­ crop which resulted in the abandonment, ment and crop deficiency payments. such as a flood, was generally known. As The amendment herein is issued under a result of this technicality, such pro­ and in accordance with the provisions (a) Eligibility requirements. * * * ducers were ineligible for abandonment of the Agricultural Adjustment Act of (1) The sugar beets were planted onpayments. This amendment provides that 1938, as amended. the farm on land suitable for the pro­ a county ASC committee may waive the The purpose of this amendment is to duction of the crop, in a timely and requirement of prior notification if it has announce the rate of penalty applicable workmanlike manner and under condi­ knowledge that sugar beets were planted to excess rice produced in the 1969 crop tions conducive to normal production. on the land, the extent of such planting, year. * ♦ *, * * and that the abandonment occurred Under the Act, the penalty rate per (5) With respect to acreage abandon­ solely because of drought, flood, storm, pound on the farm marketing excess is ment, the Agricultural Stabilization and freeze, disease, or insects. equal to 65 per centum of the parity price Conservation (hereinafter referred to Accordingly, I hereby find and con­ per pound for rice as of June 15 of the asJ‘ASC”) county office was notified of clude that the foregoing determination calendar year in which the crop is pro­ the intention to abandon the acreage will effectuate the applicable provisions duced. before the sugar beets were destroyed or of the Sugar Act of 1948, as amended. Since rice will shortly be harvested in the acreage was used for other purposes: (Sees. 303, 403, 61 Stat. 930 as amended, 932; some parts of the rice-producing areas Provided, That the county ASC com­ 7 U.S.C. 1133, 1153) and since the rate of penalty is essential mittee may waive the requirement of in computing the amount of penalty on prior notification if such committee (i) Effective date: Date of publication. any excess rice production, it is impor­ has knowledge that sugar beets were Signed at Washington, D.C., on tant that this amendment be issued and planted on the abandoned acreage and June 11,1969. made effective as soon as possible. In the extent of such plantings, (ii) has addition, calculation of the rate of pen­ knowledge of widespread crop damage Carroll G. B runthaver, alty is a mathematical determination. in the locality where the farm is located, Acting Administrator, Agricul­ Accordingly, it is hereby found that com­ and (iii) is satisfied that the abandon­ tural Stabilization and Con­ pliance with the notice, public procedure, ment on the farm in question resulted servation Service. directly from drought, flood, storm, [F.R. Doc. 69-7139; Filed, June 16, 1969; and effective date requirements of 5 freeze, disease, or insects. 8:47 a.m.] U.S.C. 553 is unnecessary and contrary to * * * * * the public interest, and this amendment shall become effective as provided herein. Statement of bases and considerations. Chapter IX— Consumer and Market­ For sugar beet acreage on a farm to be ing Service (Marketing Agreements Section 730.22 is amended by adding at eligible for acreage abandonment or crop the end thereof the following sentence: deficiency payments, certain require­ and Orders; Fruits, Vegetables, “The rate of penalty applicable to the ments, specified in § 842.2, must be met. Nuts), Department of Agriculture 1969 crop of rice shall be 4.72 cents per One of these requirements is that the [Lemon Regulation 377, Amdt. 1] sugar beets must be planted on land suit­ pound. This is 65 per centum of the PART 910— LEMONS GROWN IN parity price as of June 15, 1969, which able for the production of the crop. Re­ cently, questions have arisen as to CALIFORNIA AND ARIZONA is determined to be 7.26 cents per pound.” whether or not sugar beet acreage would (Secs. 356, 375, 52 Stat. 62, as amended, 66, as be eligible for abandonment or crop de­ Limitation of Handling amended: 7 U.S.C. 1356, 1375) ficiency payments if the beets were Findings. (1) Pursuant to the market-, planted on suitable land but not at a ing agreement, as amended, and Order Effective date: Date of publication in time or in a manner which would make No. 910, as amended (7 CFR Part 910), the F ederal R egister. it likely that a normal crop would be regulating the handling of lemons grown Signed at Washington, D.C., on June produced. This amendment adds to the in California and Arizona, effective un­ 11, 1969. requirement of suitability of land that der the applicable provisions of the Agri­ the sugar beets must be planted in a cultural Marketing Agreement Act of Carroll G. B runthaver, manner and under conditions offering a 1937, as amended (7 U.S.C. 601-674), and Acting Administrator, Agricul­ fair opportunity for production. County tural Stabilization and Con­ upon the basis of the recommendations servation Service. ASCS offices will be instructed to publi­ and information submitted by the Lemon cize the dates by which sugar beets Administrative Committee, established [F.R. Doc. 69-7138; Filed, June 16, 1969; ordinarily should be planted. Plantings under the said amended marketing agree­ 8:47 a.m.] after such date would not ordinarily be ment and order, and upon other available

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9418 RULES AND REGULATIONS information, it is hereby found that the 3. In paragraph (c), the parenthetical Supplier’s Certificate,, the Certificate limitation of handling of such lemons, as material following “Weed control dis­ Concerning Commissions, and the Com­ hereinafter provided, will tend to effectua count” should read “(where required by modity Approval Application, submitted ate the declared policy of the act by § 1421.74)”. by a bank to A.I.D. in support of a claim tending to establish and maintain such 4. In paragraph (c), in the paragraph for reimbursement, shall be sufficient if orderly marketing conditions for sudh beginning “Other Factors:”, the second it purports to be the sort required to be lemons as will provide, in the interest of word in the third line from the bottom delivered and if it has been accepted by producers and consumers, an orderly flow should read “offices” instead of “officers”. the bank in the ordinary course of busi­ of the supply thereof to market through­ ness in good faith. * * * out the. normal marketing season to avoid (b) Reimbursement right notwith­ unreasonable fluctuations in supplies and standing certain deficiencies. A bank’s prices, and is not for the purpose of Title 22— FOREIGN RELATIONS right to reimbursement from A.I.D. for maintaining prices to farmers above the payments which the bank has made will level which it is declared to be the policy Chapter II— Agency for International not be affected by the fact that the Cer­ of Congress to establish under the act. Development, Department of State tificate Concerning Commissions, the (2) It is hereby further found that it [A.I.D. Reg. 1] Commodity Approval Application, or the is impracticable and contrary to the pub­ Invoice-and-Contract Abstract on the re­ lic interest to give preliminary notice, PART 201— RULES AND PROCEDURES verse of the Supplier’s Certificate may be engage in public rule-making procedure, APPLICABLE TOCOMMODITY incomplete, or may indicate noncqmpli- and postpone the effective date of this TRANSACTIONS FINANCED BY ance with any provision of this Part 201, amendment until 30 days after publica­ A.I.D. the letter of commitment, a request for tion hereof in the F ederal R egister (5 the opening of a special letter of credit, U.S.C. 553) because the time intervening Discontinuance of Certificate and or any other implementing document, or between the date when information upon Agreement Regarding Concerted may be inconsistent with other docu­ which this amendment is based became ments required for reimbursement. available and the time when this amend­ Pricing (A.I.D. Form 285) ment must become effective in order to Part 201 of Chapter II, Title 22 (A.I.D. * * * * * effectuate the declared policy of the act is Reg. 1) is amended as follows: e. Appendix D to Part 201 is deleted in insufficient, and this amendment relieves its entirety. restrictions on the handling of lemons § 201.01 [Amended] f. The foregoing amendments shall be­ grown in California and Arizona. a. In § 201.01, paragraph (v) is deleted come effective upon publication in the Order, as amended. The provisions in in its entirety. F ederal R egister. paragraph (b) CD (ii) of § 910.677 Dated: June 7, 1969. (Lemon Reg. 377, 34 F.R. 9059) are here­ § 201.52 [Amended] by amended to read as follows: R utherford P oats, b. Section 201.52 is amended as follows: Acting Administrator. § 910.677 Lemon Regulation 377. 1. In paragraph (a), subparagraphs (7) and (8) are deleted in their entirety. [F.R. Doc. 69-7074; Filed, June 16, 1969; ♦ * * * * 8:45 am.] (b) Order. (1) * * * 2. Subparagraph (1) of paragraph (c) (ii) District 2: 334,800 cartons. is revised to read as follows: * * * * * , (c) Execution of certificates. (1) The (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. original of each Supplier’s Certificate, Title 41— PUBLIC CONTRACTS 601-674) Certificate Concerning Commissions, and Commodity Approval Application shall Dated: June 12,1969. be signed by hand and shall bind the per­ AND PROPERTY MANAGEMENT P aul A. N icholson, son or organization in whose behalf the Chapter 5A— Federal Supply Service, Deputy Director, Fruit and execution is made. General Services Administration Vegetable Division, Consumer and Marketing Service. § 201.72 [Amended] PART 5A-72— REGULAR PURCHASE [F.R. Doc. 69-7102; Filed, June 16, 1969; c. Section 201.72 is amended as follows: PROGRAMS OTHER THAN FEDERAL 8:46 a.m.] 1. In the opening sentence of para­ SUPPLY SCHEDULE graph (b), the material within the Subpart 5A—72.1— Procurement of Chapter XIV— Commodity Credit Cor­ parentheses following the phrase “ex­ amine the documents” is revised to read Stores Stock Items poration, Department of Agriculture “(other than the Supplier’s Certificate, I dentifying S tock I tems for W hich SUBCHAPTER B— LOAN, PURCHASES, AND the Certificate Concerning Commissions, S tandard P ack Has B een D eveloped OTHER OPERATIONS and the Commodity Approval Applica­ [COC Grain Price Support Regs., 1969 Crop tion)”. Section 5A-72.105-18 is revised to read Rye Supp.] 2. Paragraph (c) is revised to read as as follows: follows: PART 1421— GRAINS AND SIMI­ § 5A—72.105—18 Packing requirements. LARLY HANDLED COMMODITIES (c) Acceptance of certificates. A bank (a) Standard pack items. (1) Stand­ shall not accept for submission to A.I.D. ard pack requirements are developed for Subpart— 1969 Crop Rye Loan and the original of the Supplier’s Certificate, stock items by the Standardization Di­ Purchase Program the Certificate Concerning Commissions, vision. Upon establishment of a standard or the Commodity Approval Application, pack requirement for an item, the Stand­ S upport R ates unless, to the best knowledge and belief ardization Division notifies the appropri­ Correction of the bank, each such original has been ate commodity manager by means of a signed by hand. In F.R. Doc. 69-6290 (incorrectly desig­ GSA Form 419A, SIPD Data Transmittal nated as 62-6290) appearing at page d. Section 201.73 is amended as fol­ Worksheet. Standard pack items are 8290 in the issue of Thursday, May 29, lows : The opening sentence in paragraph identified by a “X” in block 4 of the 1969, the following correctiohs should (a) and paragraph (b) are revised to March 1968 edition of GSA Form 419, read as follows: Stock Item Purchase Description, or by be made in § 1421.2855: the following notation on the face of the 1. In paragraph (b), the county § 201.73 Limitations on the responsi­ September 1954 edition of the form: “Elkhardt” under the center heading bilities of banks. Standard Pack Item—Include standard pack “Indiana” should read “Elkhart”. * • * * * 2. In paragraph (b), the county “Mar­ clause In purchases for stores stock. row” under the center heading “Oregon” (a) Sufficiency and completeness of (2) Invitations for bids and requests should read “Morrow”. documents. Any document, including the for proposals covering standard pack

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9419 items shall include the clause prescribed The provisions of this special regula­ This segment was inadvertently pub­ in § 5A-7.170-5 as provided in that sec­ tion supplement the regulations which lished as “Kremmling; 12 AGL Denver, tion. govern fishing on wildlife refuge areas Colo.;’’ and should have been described (b) Nonstandard pack items. (1) Invi­ generally which are set forth in Title 50, as “Kremmling; 9 miles 130 MSL, 29 tation for bids and requests for proposals Code of Federal Regulations, Part 5, and miles 144 MSL, 11 miles 127 MSL, 12 AGL covering stock items for which a standard are effective until December 31,1969. Denver, Colo.;” so that the floors would coincide with the floors of the codesig­ pack has not been established shall in­ C. Edward Carlson, clude the following clause: Regional Director, Bureau of nated segment of V-200. NONSTANDARD PACK ITEMS Since this amendment is minor in na­ Sport Fisheries and Wildlife. ture, notice and public procedure hereon (a) Except for those items for which pack­ J une 10,1969. are unnecessary and for that reason may aging and {lacking requirements are cited in the Schedule or included in a referenced [F.R. Doc. 69-7136; Filed June 16, 1969; be made effective immediately. spécification, items covered by this invitation 8:47 a.m.] In consideration of the foregoing, F.R. for bid may be shipped in commercial con­ Doc. 69-2251 (34 F.R. 4509) is amended, tainers, Provided: (1) Each shipping con­ Chapter II— Bureau of Commercial effective immediately, as hereinafter set tainer of each item in a shipment is of forth. uniform size and content, except for residual Fisheries, Fish and Wildlife Service, In V-8 “12 AGL Denver, Colo.;” is de­ quantities, (2) the gross weight of each Department of the Interior leted and “9 miles 130 MSL, 29 miles 144 shipping container does not exceed 65 pounds except when the weight of a single item SUBCHAPTER E— NORTHWEST ATLANTIC MSL, 11 miles 127 MSL, 12 AGL Denver, within the shipping container is of a higher COMMERCIAL FISHERIES Colo.;” is substituted therefor. weight, and (3) shipping containers comply (Sec. 307(a), Federal Aviation Act of 1958; with requirements of the Uniform Freight PART 240— GROUNDFISH FISHERIES 49 U.S.C. 1348; sec. 6(c), Department of Classification or the National Motor Freight Use of Multiple Flap-Type and Transportation Act; 49 U.S.C. 1655(c)) Classification (issue in effect at time of shipment). Polish-Type Chafers Issued in Washington, D.C., on June 10, (b) Shipments delivered to a GSA supply The use of multiple flap-type and 1969. depot which do not conform to the contract T. M cCormack, requirements set forth above shall be subject Polish-type chafers has been ratified by Acting Chief, Airspace and to rejection and replacement, or correction in all member governments. Therefore, Air Traffic Rules Division. accordance with the provisions of Article these two types of chafers formerly not 5(b) of the General Provisions. legal in Subarea 5, may now be used in [F.R. Doc. 69-7088; Filed, June 16, 1969; 8:45 a.m.] (Sec. 205(c), 63 Stat. 390, 40 U.S.C. 486(c); any subarea. 41 CFR 5-1.101 (c)) The amendment is adopted under the authority contained in subsection (a) of [Airspace Docket No. 68-WE-68] Effective date. These regulations are section 7 of the Northwest Atlantic Fish­ effective upon publication in the F ederal eries Act of 1950 (64 Stat. 1069; 16 U.S.C. PART 71— DESIGNATION OF FEDERAL Register. 986). AIRWAYS, CONTROLLED AIRSPACE, Dated: June 4,1969. Effective date. This amendment is ef­ AND REPORTING POINTS fective on July 4,1969. L. E. S pangler, In § 240.3(h), the next to the last sen­ Alteration of Federal Airways and Acting Commissioner, tence reading “Within the regulatory Transition Areas; Correction Federal Supply Service. area, the ‘ICNAF-type chafer’ may be [F.R. Doc. 69-7105; Filed, June 416, 1969; used in any subarea; the ‘multiple flap- On April 30, 1969, F.R. Doc. 69-5108 8:46 a.m.l type chafer’ and the ‘Polish-type chafer’ was published in the F ederal R egister may be used in any subarea other than (34 F.R. 7069) effective June 26, 1969, Subarea 5’’ is deleted. and in part, altered the 9,000 feet MSL Issued at Washington, D.C., pursuant portion of the Boise, Idaho, transition Title 50— WILDLIFE AND to authority delegated to me by the Sec­ area by substituting V-330 for V-4 as the retary of the Interior on August 26, 1966 south boundary. V-4 should have been FISHERIES (31 F.R. 11685) and dated June 5, 1969. retained as the southwest boundary and V-330 substituted for V-4 as the south Chapter I— Bureau of Sport Fisheries H. E. Crowther, boundary. Corrective action is taken and Wildlife, Fish and Wildlife Director, herein. Service, Department of the Interior Bureau of Commercial Fisheries. Since this change is minor in nature, PART 33— SPORT FISHING [F.R. Doc. 69-7103; Filed, June 16, 1969; notice and public procedure hereon are 8:46 a.m.] unnecessary and the effective date as Chincoteague National Wildlife originally adopted may be retained. Refuge, Va. In consideration of the foregoing, F.R. Doc. 69-5108 (34 F.R. 7069) is § 33.5 Special regulations; sport fish­ Title 14— AERONAUTICS AND amended, effective immediately, as here­ ing; for individual wildlife refuge inafter set forth. areas. Item 2.a., is amended to read as Virginia SPACE follows: CHINCOTEAGUE NATIONAL WILDLIFE REFUGE Chapter I— Federal Aviation Adminis­ In the 9,000 feet MSL portion of the tration, Department of Transporta­ Boise, Idaho, transition area “on the Public sport fishing, crabbing, and southwest by the northeast edge of V-4;” clamming, in accordance with Virginia tion SUBCHAPTER E— AIRSPACE is deleted and “on the southwest by the regulations, is permitted on the Chinco­ northeast edge of V-4, and on the south teague National Wildlife Refuge, Va., [Airspace Docket No. 69-WA-20] by the north edge of V-330;” is substi­ subject to the following conditions: tuted therefor. (1) Open areas: (a) Surf fishing—the PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, (Sec. 307(a), Federal Aviation Act of 1958; entire beach front, except those areas 49 U.S.C. 1348; sec. 6(c), Department of designated by signs as areas closed to AND REPORTING POINTS Transportation Act; 49 U.S.C. 1655(c) ) fishing, (b) Fishing and crabbing—from the impoundment banks designated as Alteration of Domestic VOR Airways; Issued in Washington, D.C., on June 10, open to fishing, (c) Clamming—the area Correction 1969. between high and low tide marks in T. M cCormack, Tom’s Cove, except as posted closed. The purpose of this amendment to Acting Chief, Airspace and (2) Permits: A permit is required for F.R. Doc. 69-2251 (34 F.R. 4509) is to Air Traffic Rules Division. fishing from 10 p.m. to sunrise; no per­ correct the description of V-8 between [FJt. Doc. 69—7089; Filed, June 16, 1969; mit is required at other times. Kremmling, Colo., and Denver, Colo. 8:45 am.]

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9420 RULES AND REGULATIONS

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 9629; Amdt. 653] 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 classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is repub­ lished 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 establish 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 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, 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

Mermaid Int...... ______Perch Int______.. Via PMM R 227° 2300 T -dn...... 300-1 300-1 200-^ ______Perch Int______.. Via 131° crs and 2300 S-dn-9*#_____ 500-1 500-1 500-1 R 226° ELX. C-dn*...... 500-1 500-1 500-1H R 200°, ELX VORTAC CW...... ______R 266°, ELX VORTAG (NOPT)..... Via 22-mile DM E 2300 A-dn$______800-2 800-2 800-2 • Arc. R 320°, ELX VORTAC CCW...... R 266°, ELX VORTAC (NOPT)..... Via 22-mile DM E 2300 Arc. Perch Int...... Coho Int (N O PT)______.. Direct______1600

Procedure turn S side of crs, 266° Outbnd, 036° Inbnd, 2300' within 10 miles of Coho Int/18-mile DM E Fix. Minimum altitude over facility on final approach crs, 1600' over Coho Int/18-mile DM E Fix. Crs and distance, facility to airport, 036°—3.9 miles from Coho Int/18-mile DM E Fix. If visual contact not established upon descent to authorized landing minimums, or if landing not accomplished within 3.9 miles of Coho Int or at 14.1-mile DME, climb to 2300' and proceed direct to ELX VORTAC. N ote: Dual VOR or VOR/DME receivers required. #500-% authorized with H IRL, except for 4-engine turbojets. ^ •Use South Bend altimeter setting when control zone not effective; circling and straight-in minimums increased 100' except for operators with approved weather reporting service. * ¿Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service. MSA within 25 miles of facility: 045°-225°—2400'; 225°-315°—2200'; 315°-045°—2300'. City, Benton Harbor; State, Mich.; Airport name, Ross Field; Elev., 642'; Fac. Class, L-BVORTAC; Ident, ELX; Procedure No. VOR Runway 9, Amdt. Orig.; Eff. date, 3 July 69 2. 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 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 specmea routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Celling 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

Manchester VOR Nashua NDB. Direct. 3300 T -dn...... 300-1 300-1 NA C-dn*...... 600-1 600-1 NA A-dn______N A N A NA

Procedure turn N side of crs, 317° Outbnd, 137° Inbnd, 3300' within 10 miles. Minimum altitude over facility on final approach crs, 1700'. Crs and distance, facility to airport, 137°—3.6 miles. . If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 3.6 miles after passing AMH RBn, climb to louu on 137° bearing from AMH RBn within 5 miles, then left-climbing turn to 3300' direct AMH RBn. Hold NW, 137° Inbnd, 1 minute, left turns. N otes: (1) Use Manchester altimeter setting. 700-1 required when Manchester control zone not effective and/or altimeter setting obtained from Concord FSS. (2) f acuity must be monitored aurally during approach. (3) Approach from a holding pattern not authorized, procedure turn required. MSA within 25 miles of facility: 000°-090°—2600'; 090°-180o—1900'; 180°-270°—3100'; 270o-360°—4200'. Citv. Nashua; State. N.H.; Airport name, Boire Field; Elev., 199'; Fac. Class., MHW; Ident., AMH; Procedure No. NDB (ADF) Runway 14, Amdt. 4; Eff. date, 3 July 69; Sup. Amdt. No. 3; Dated, 1 July 67

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9421

3. 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 (VOE) procedures as follows: Marshalltown, Iowa—Marshalltown Municipal, NDB (ADF) Runway 12, Orig., 2 Mar. 1967 (established under Subpart C). Christiansted, St. Croix, V.I.—Alexander Hamilton, VOR 1, Arndt. 3, 26 Nov. 1966 (established under Subpart C). Thief River Falls, Minn.—Thief River Municipal, VOR Runway 13, Amdt. 1, 29 July 1967 (established under Subpart C). Thief River Falls, Minn,—Thief River Municipal, VOR Runway 31, Amdt. 2, 29 July 1967 (established under Subpart C). 4. By amending § 97.13 of Subpart B to delete terminal very high frequency omnirange (TerVOR) procedures as follows: Shreveport, La.—Shreveport Downtown, TerVOR-14, Amdt. 5, 3 July 1965 (established under Subpart C). . 5. 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: Standard I nstrument Approach 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 correspond with those established for en route operation in the particular area or as set forth below.

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

STX N D B ...... _...... STX VOR...... _____ Direct____ 2200 Climbing left turn to 2200' direct to STX Grouper Int...... STX VOR______2200 Supplementary charting information: Hold E STX VOR, 1 minute, right turns. 257° Inbnd. Final approach crs intercepts runway centerline 3000' from threshold. VASI Runway 9. Runway 27, TDZ elevation, 60'.

Procedure turn N side of crs, 077° Outbnd, 257° Inbnd, 2200' within 10 miles of STX VOR. FAF, STX VOR. Final approach crs, 257“. Distance FAF to MAP, 5.3 miles. Minimum altitude over STX VOR, 1500'. MSA: 000°-180°—1900'; 180°-360°—2200'. N otes: (1) Procedure not authorized when control tower not in operation. (2) Sliding scale not authorized. (3) 300' per mile maximum rate of deseent on final approach ’Alternate minimums not authorized when control zone not effective. @Category D circling authorized only S of centerline extended Runways 9/27.

Day and Night Minimums

„ a ' A B C D C o n d . ------— — ______. ______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS TT A T

8-27...... — 740 1 680 740 1 680 740 ÎH 680 740 1^ 680 MDA VIS HAA HAA MDA MDA VIS VIS HAA HAA MDA MDA VIS VIS HAA HAA MDA MDA VIS VIS HAA HAA C@...... -...... 740 1 680 740 1 680 740 1 ÎjSYt 680 680 740 2 680 A ...... —- Standard.* T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Christiansted; Island, St. Croix, V.I.; Airport name, Alexander Hamilton; Elev., 60'; Facility, STX; Procedure No. VOR Runway 27. Amdt. 4: Eff date 3 Julv 69- Bun Amdt. No. VOR 1, Amdt. 3; Dated, 26 Nov. 66 ' • > y • p.

Terminal routes Missed approach Minimum From— , To— Via altitiides MAP: 5.6 miles after passing River Int. (feet)

Zeeland Int...... L River Int______Direct Make climbing right turn to 2200' and PMM V0 RTAC------River Int (N O P T )...... Direct . . . . . 2200 return to River Int.

Procedure tum W side of crs, 179° Outbnd, 359° Inbnd, 2200' within 10 miles of River Int. FAF, River Int. Final approach crs, 359°. Distance FAF to MAP, 5.6 mil«« Minimum altitude over River Int., 2200'. MSA: 000°-090°—2900'; 090°-180°—2400'; 180°-360°—2000'. N otes: (1) Use Grand Rapids, Mich., altimeter setting. (2) Dual VOR or VOR/DME receivers required.

Day and Night Minimums

Cond. ------? ______2 ______MDA VIS HAA MDA VIS HAA VIS VIS

0 ...... : ...... '-...... 1240 1 560 1240 1 560 NA NA A ...... - ...... N ot authorized. T 2-eng. or less—Standard. > T over 2-eng.—Not authorized.

City, Holland; State, Mich.; Airport name, Tulip City; Elev., 680'; Facility, PMM; Procedure No. VOR-1, Amdt. Orig.; Eff. date, 3 July 69

FEDERAL REGISTER, VO L 34, NO. 115— TUESDAY, JUNE 17, 1969 No. 115------2 9422 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 10.2 miles after passing PH X VOR. (feet)

O lberglnt...... P H X V O R (N O P T )...... Direct. 4100 Climbing left turn to 4000' direct to PHX CZGVOR...... PHXVOR(NOPT)...... Direct. 4000 VOR. Supplementary charting information: Pinal approach crs to a point 1.1 miles S of midpoint Runways 3/21. Chart VF R tract MAP to airport.

Procedure turn W side of crs, 1598 Outbnd, 339° Inbnd, 4000' within 10 miles of PH X VOR. FAF, PH X VOR. Final approach crs, 339°. Distance FAF to MAP, 10.2 miles. Minimum altitude over PH X V O R , 4000'. MSA: OlO’-lOO8—6100'; 100°-190°—4200'; 190°-280°—5600'; 280°-010°—5900'. N otes: (1) Radar vectoring. (2) Use Phoenix altimeter setting. %IFR departure procedures: Climb visually over airport to 1900' or above, direct to PH X VOR. Day and N ight Minimums

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

0 ...... 2140 1 661 2140 1 661 2140 1J3 661 2140 2 661 A ...... Not authorized. T 2-eng. or less—Standard. % Tover2-eng.—Standard. %

City, Scottsdale; State, Ariz.; Airport name, Scottsdale Municipal; Elev., 1479'; Facility, PH X; Procedure No. VOR-1, Amdt. Orig.; Eff. date, 3 July 69

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

8H VVO RTAC...... -...... — - T E E V E E I n t-...... Direct...... 3000 Climb to 1800' on D T N R 131°, within 20 T E E V E E In t...... Leelnt(NOPT)...... Direct...... 1700 miles. BA D VOR...... , ...... -...... D T N VOR...... - ...... Direct...... 3000 Supplementary charting information: De- D T N VOR...... Lee Int...... a...... Direct____ 3000 pict tower 2049', 13 miles NW of airport.

Procedure turn N side of crs, 306° Outbnd, 126° Inbnd, 3000' within 10 miles of Lee Int. Final approach crs, 126°. Minimum altitude over Lee Int, 1700'. MSA: 000°-270°—1800'; 270°-360

A B C D MDAVIS HATMDAVIS HAT VIS VIS

S-14...... 680 1 501 680 1 501 NA NA ■ MDA VISHAAMDAVISHAA C...... 780 1 601 780 1 601 NA NA A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City. Shreveport; State, La.; Airport name, Shreveport Downtown; Elev., 179'; Facility, DTN; Procedure No. VOR Runway 14, Amdt. 6; Efl. date, 3 July 69; Sup. Amdt. No. Ter VOR--14, Amdt. 5; Dated, 3 July 65

Terminal routes Missed approach Minimum From— To— Via altitudes MAP; 6.7 miles after passing IG N VOR. (feet)

Right-climbing turn to 2800' direct to IGN VOR and hold. Supplementary charting information: Fold NW, 1 minute, right turns, 156° Inbnd. 1436' tower 2.2 miles E of airport. 1329' terrain 1.8 miles ESE of airport. 1340' terrain 2.1 miles E of airport.

Procedure turn W side of crs, 335° Outbnd, 155° Inbnd, 2800' within 10 miles of IG N VOR. FAF, IG N VOR. Final approach crs, 155°. Distance FAF to MAP, 6.7 miles. Minimum altitude over IG N VOR, lSOO7. MSA: 000°-090°—3400'; 090°-180°—2600'; 180°-270°—2800'; 270°-360°—4200'. Notes: (1) Radar vectoring. (2) Use Poughkeepsie FSS altimeter setting. Caution: Terrain rises rapidly 1 mile E and SE of airport. Day and Night Minimums

A B C D Cond. MDAVISHAA VIS VISVIS

C____ ...... 1440 m 1082 NANA NA A ...... Not authorized. T 2-eng. or less—700-1. T over 2-eng.—Not authorized.

City, Stormville; State, N.Y.; Airport name, Stormville; Elev., 358'; Facility, IGN; Procedure No. VOR-1, Amdt. Orig.; Efl. date, 3 July 69 FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9423

Standard I nstrument Approach P rocedure—T ype VOR—Continued

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

Climb to 2600' on TVF VOR R- 130° within 10 miles; return to VOR. Supplementary charting information: Final approach crs intercepts runway centerline 3000' from threshold. 1613' steel tower 3 miles N of airport. REIL Runway 13. Runway 13, TDZ elevation, 1112'.

Procedure turn S side of crs, 302° Outbnd, 122° Inbnd, 2600' within 10 miles of TVF VOR. Final approach crs, 122°. MSA: 000°-360°—2700'. Caution: T U R F Runways 4/22 unlighted. N otes: (1). Use Grand Forks altimeter setting when control zone not effective and circling and straight-in MDA increased 180' when control zone not effective except for. operators witn approved weather reporting service. (2) Inoperative table does not apply to nonstandard REIL Runway 13. ’Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service. % IFR departure procedure: Aircraft departing all runways, climb to 2100' on runway heading before turning Northbound. Day and N ight Minimums

ABC D Cond. -MDA VIS HATMDA VIS HAT MDA VIS HATMDAVIS HAT

S-13___ ...... 1480 1 368 1480 1 368 1480 1 368 1480 1 368 MDA VISHAAMDA VISHAAMDAVIS HAAMDA VIS HAA ____ 1480 1 364 1580 1 464 1580 464 1680 2 564 A...... Standard.* T 2-eng. or less—Standard.% T over-2-eng.-—Standard.%

City, Thief River Falls; State, Minn.; Airport name, Thief River Municipal; Elev., 1116'; Facility, TVF; Procedure No. VOR Runway 13, Amdt. 2; Eft. date, 3 July 69; Sup. Arndt. No. 1; Dated, 29 July 67

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

Climb to 2600' on TVF VO R R - 302° within 10 miles; return to VOR. Supplementary charting information: Final approach crs intercepts runway centerline 4200' from threshold 1613' steel tower 3 miles N of airport. REIL Runway 31. Runway 31, TDZ elevation, 1112'.

Procedure turn N side of crs, 130° Outbnd, 310° Inbnd, 2600' within 10 miles of TVF VOR. Final approach crs, 310°. MSA: 000°-360°—2700'. Caution: TURF Runways 4/22 unlighted. N otes: (1) Use Grand Forks altimeter setting when control zone not effective and all MDA’s increased 180' except for operators with approved weather reporting service (2) Inoperative table does not apply to nonstandard REIL Runway 31. ’Alternate minimums not authorized when control zone not effective except for operators with approved weather reporting service. %IFR departure procedure: Aircraft departing all runways, climb to 2100' on runway heading before turning northbound.

Day and Night Minimums

Cond. ------s------MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8 -3 1 ---...... -- -...... 1500 1 388 1500 1 388 1500 1 388 1500 1 388

MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS TT A A 0 ...... 1500 1 384 A1680 1 464 1580 1>$ 464 1680 2 564 A ...... -...... - ...... Standard.* T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Thief River Falls; State, Minn.; Airport name, Thief River Municipal; Elev., 1116'; Faculty, TVF; Procedure No. VOR Runway 31, Amdt. 3; Eff. date, 3 July 69; Sud Amdt. No. 2; Dated, 29 July 67

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9424 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype VOR/DME Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSB, 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 shallbe 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: 12.4-mile DME EWO R 305°. (feet)

EWO VO RTAC...... „...... EWO, R 305°, 8-mile DME...... ____ Direct___ ...... 2500 Left-climbing turn to 3000' direct EWO VORTAC and hold. Supplementary charting information: Hold SE, 1 minute, right turns, 305° Inbnd. Final approach crs crosses airport reference point. * Chart: 1330' tower, 37°41'59" N./85°49'07" W 1450' tower, 37°40'55" N./85°50'32" W.

Procedure tum N side of crs, 125° Outbnd, 305° Inbnd, 3000' within 10 miles of EWO VORTAC. Final approach crs, 305°. Minimum altitude over EWO VORTAC, 3000'; over EWO R 305°, 8-mile DME, 2500'. MSA: 000°-090°—2300'; 090°-180°—2400'; 180°-270°—2500'; 270°-360°—2500'. N ote: Use Fort Knox, Ky., altimeter setting.

Day and Night Minimums

D Cond. MDAVIS HAA MDAVIS HAA. VIS VIS

C...... -...... 1480 1 600 1480 1 600 NA NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Not authorized.

City, Elizabethtown; State, Ky.; Airport name, Elizabethtown-Hardin County; Elev., 880'; Facility, EWO; Procedure No. VOR/DME-1, Arndt. Orig.; Eft. date, 3 July 69

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 13-mile D M E Fix R 251°. (feet)

CLL VOR. LOA VORTAC Direct. 2100 Climb to 2100', right turn direct to LOA VORTAC Supplementary charting information: Hillport UNICOM 122.8.

Procedure tum N side of crs, 071° Outbnd, 251° Inbnd, 2100' within 10 miles of LOA VORTAC. Final approach crs, 251°. Minimum altitude over LOA VORTAC, 21007; over 8-mile DM E, 20007. MSA within 25 miles of LOA VORTAC: 090°-270°—2100'; 270°-090°—1900'. N ote: Use College Station altimeter setting. D ay And Night M inimums AB C D Cond. MDAVISHAA M DA VIS HAA VIS VIS

C...... 1040 1 539 1040 1 539 NA NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Hilltop Lakes; State, Tex.; Airport name, Hilltop Lakes; Elev., 501'; Facility, LOA; Procedure No. VOR/DME-1, Arndt. Orig.; Eff. date, 3 July 69

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9425 6. '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: Standard I nstrument Approach 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 innautical 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 helow 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: 5.1 miles after passing AUS From— To— Via altitudes VORTAG. (feet)

Georgetown Int...... 1...... AUS VORTAC (NOPT)______R 007°______1800 Climb to 3000', right turn to AUS VOR­ TAC R 189° within 15 miles or, when directed by ATC, climb to 2000' turn left to AUS VORTAG R 125° within 15 miles. Supplementary charting information: Depict 845' tower 2.2 miles N of airport. TDZ elevation, 632'.

Procedure tum W side of crs, 007° Outbnd, 187° Inbnd, 2500' within lOmiles of AUS VORTAC. FAF, AUS VORTAC. Final approach crs, 175°. Distance FAF to M AP, 5.1 miles. Minimum altitude over AUS VORTAC, 1800'; over 2.9-mile DME Fix R 175°, 1280'. MSA within 25 miles of AUS VORTAC: 000°-090°—2100'; 090°-360°—3000'. N ote: ASR. Sliding scale not authorized. Day and Night Minimums

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

S-16R...... 1280 1 648 1280 1 648 1280 1JÍ 648 1280 1H 648 MDA VISHAAMDA VISHAAMDA VIS HAA MDAVIS HAA O ...... 1280 1 648 1280 1 648 1280 648 1280 2 648 VOR/DME Minimums: MDA VIS HAT MDA VISHAT MDA VIS HAT MDAVISHAT S-16R...... 1040 1 408 1040 1 408 1040 1 408 1040 1 408 MDA VISHAAMDA VISHAAMDAVISHAAMDAVIS HAA 0 ...... 1 ______1060 . 1 428 1100 1 468 1100 468 1220 2 588 A...... T 2-eng. or less—RVR 24', Runway 30L; others Standard. T over 2-eng.—RVR 24', Runway 30L; others Standard.

City, Austin; State, Tex.; Airport name, Robert Mueller Municipal; Elev., 632'; Facility AUS; Procedure No. VOR Runway 16R, Arndt. 21; Efl. date, 3 July 69; Sup. Arndt. No. 20; Dated, 20 Mar. 69

Terminal routes Missed approach Minimum MAP: 9.6 miles after passing OCN VORj From— To— Via altitudes (9.6 DME). (feet)

Kelp Int...... ______OCN VOR (NOPT)______...... Direct__ ...... 2500 Climbing right turn to 3000' heading 240° to intercept OCN R 145° direct SAN VOR; or. when directed by ATC climbing right turn to 2500' direct OCN VORTAC. Supplementary charting information: LRCO, 122.1R.

Procedure turn S side of crs, 280° Outbnd, 100° Inbnd, 2500' within 10 miles of OCN VORTAC. FAF, OCN VORTAC. Final approach crs, 119°. Distance FAF to MAP, 9.6 miles. Minimum altitude over OCN VORTAC, 2500'. MSA: 000°-090°—OSOO7; 090°-180°—4000'; 180°-270°—2100'; 270°-360°—6700'. N ote: Use Miramar (NEZX) altimeter setting. % TFR departure procedures: Runway 6, left turn after takeoff. West-, north-, and east-bound (280° CW through 120°) departures require a minimum climb rate of 200' per nule to 2000' MSL. , - Day and Night M inimums

MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS

C...... —I————— ...... 1020 1 692 1020 ' 1 692 1020 1M 692 NA A...... Not authorized T 2-eDg. or less—Standard.% - T over 2-eng.—Standard.%

City, Carlsbad; State, Calif.; Airport name, Palomar; Elev., 328'; Facility, OCN; Procedure No. VOR-1, Arndt. 3; Efl. date, 3 July 69; Sup. Arndt. No. 2; Dated, 24 Apr. 69

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9426 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—.Type YOR—Continued

Terminal routes Missed approach

Minimum MAP : 5.7 miles after passing CN U V 0 R . From— To— Via altitudes (feet)

Climbing right turn to 2600' direct to CNÜVOR.

Procedure turn S side of crs, 236° Outbnd, 056° Inbnd, 2600'within 10 miles of CNU VOR. FAF, C N U VOR. Final approach crs, 056°. Distance FAF to MAP, 6.7 miles. Minimum altitude over C N U VOR, 2500'. MSA: 000°-090°—2600'; 090°-180°—2500'; 180°-270°—2600'; 270°-360°—2500'. ‘Night visibility minimum 1 A for Categories A and B, and 2 for Category C.

Day and N ight Minimums

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

C — ______1480 1* 479 1480 1* 479 1480 1A * 479- NA A ...... Standard. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Chanute; State, Kans.; Airport name, Chanute Martin Johnson; Elev., 1001'; facility, CNU; Procedure No. VOR-1, Arndt. 4; E£f. date, 3 July 69; Sup. Arndt. No. 3; Dated, 4 Apr. 68

Terminal routes Missed approach Minimum MAE: 5 miles after passing COT From— To— Via altitudes VORTAC. (feet)

Climbing right turn to 2000' direct to COT VORTAC and.hold.# Supplementary charting information: #Hold E, 1 minute, right turns, 257° Inbnd. Final approach crs aligned to center of landing area.

Procedure tum N side of crs, 077° Outbnd, 257° Inbnd, 1600' within 10 miles of COT VORTAC. FAF, COT VORTAC. Final approach crs, 257°. Distance FAF to MAP, 5 miles. Minimum altitude over COT VORTAC, 1500'. MSA: 000°-090°—2000'; 090°-180°—1700'; 180°-270°—1900'; 270°-360°—2000'. Caution: 553' tower, 0.6 mile WSW; 562' water tower, 1.1 mile SW; 839' tower, 3.9 miles SW of airport. •Night minimums not authorized.

D ay and Night Minimums

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

C*...... 860 1 389 940 1 * 469 N A NA A ...... - ...... 1000-2.* T 2-eng. or less—Standard.* T over 2-eng.—Standard.*

City, Cotulla; State, Tex.; Airport name, CotullaMunicipal; Elev., 471'; Facility, COT; Procedure No. VOR-1, Arndt. 7; Efl. date, 3 July 69; Sup. Arndt. No. 6; Dated, 3 Oct. 68

Terminal routes Missed approach

Minimum MAP: 2.4 miles after passing CTB From— To— Via altitudes VORTAC. (feet)

R 152°, CTB VORTAC CCW______...... R 130°, CTB VORTAC...... 10-mile Arc...... 5300 Climb to 5300' on CTB VO R R 311° within 10-mile Arc______...... CTB VORTAC (NOPT)______...... Direct...... Supplementary charting information: Runway 31, TDZ elevation, 3837'.

Procedure turn N side of crs, 130° Outbnd, 310° Inbnd, 5300' within 10 miles of CTB VOR. FAF, CTB VOR. Final approach crs, 311°. Distancé FAF to MAP, 2.4 miles. Minimum altitude over CTB VOR, 4500'. MSA: 000°-180°—5300'; 180°-270°—6000'; 270°-360°—6500'. N ote: Final approach from holding pattern at VOR not authorized; procedure turn required.

Day and N ight Minimums

„ „ A B y * C D Cond. - ______MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8-31...... - ...... - ...... , 4160 1 323 4160 1 323 4160 1 323 4160 ' 1 323 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS H AA C ...... 4220 1 366 4320 1 466 4320 \ y 2 466 4420 2 566 A ...... Standard. T 2-eng. or less—Standard. Tover2-eng.—Standard;

City, Cut Bank; State, Mont.; Airport name, Cut Bank; Elev., 3854'; Facility, CTB; Procedure No. VOR Runway 81, Arndt. 8; Efl. date, 3 July 69; Sud Arndt N o 7* Dated, 24 Apr. 69 ' ’

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9427

Standard I nstrument Approach P rocedure—.Type VOR—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.2 miles after passing Island Int. (feet)

Windsor V O R ...... Island Int...... Direct...... 1700 Climb to 2800' direct to Bele Int or, when directed by ATC-, make right-climbing turn proceed to Windsor VOR at 2000'. Supplementary charting information: Approach radial lies about 500' left of Run way. 33. TDZ elevation, 623'.

Procedure turn not authorized. Approach crs (profile) starts at Windsor VOR. PAF, Island Int. Final approach crs, 323°. Distance FAF to MAP, 4.2 miles. Minimum altitude over Windsor VOR, 2000'; over Island Int, 1700'. MSA: 000°-180°—2000'; 180°-270°—23007; 270°-360°—2800'. Notes: (1) ASR. (2) VOR and A D F receivers or radar required. ‘Sliding scale not authorized. Day and Night Minimums

Cond. ------*------MDA VIS HAT MDA * VIS HAT MDA VIS HAT VIS

B-33*...... 1200 l ‘ 677 1200 - 1 577 1200 1 577 NA MDA VIS HAA MDA VIS HAA MDA VIS H A A 0 ...... 1200 1 575 1200 1 575 1200 1}4 575 NA A -— ...... -...... Standard. T 2-eng. or less—300' ceilings and 1 mile required all run- T over 2-eng.—300' ceiling and 1 mile required all runways.

City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 625'; Facility, QC; Procedure No. VOR Runway 33, Arndt. 9; Eff. date, 3 July 69- Sup Arndt No VOR Run way 33L, Arndt. 8; Dated, 10 Oct. 68

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 4.4 miles after passing Indian Hill« (feet) Int.

® ...... - ...... — '...... Indian Hills Int...... EWO R305 ...... 2500 Left-climbing turn to 3000' direct EWO VORTAC, and hold. Supplementary charting information : Hold SE, 1 minute, right turns, 305® Inbnd. Chart: 1330' tower 37°41'59" N./85°49'07" W.; 1450' tower 37°40'55" N./85°50'32" W. Final approach crs crosses airport reference point.

Procedure tum N side of crs, 125® Outbnd, 305® Inbnd, 3000' within 10 miles of EWO VORTAC FAF, Indian Hills Int. Final approach crs, 305°. Distance FAF to MAP, 4.4 miles. Minimum altitude over EWO VORTAC, SOOO7; Over Indian Hills Int, 2500'. MSA: 000°-090°—2300'; 090°-180°—2400'; 180°-270°—2500'; 270°-360°—2500'. N ote: Fort Knox, Ky., altimeter setting. .

Day and Night Minimums

------A B Cond. C D MDA VIS HAA MDA VIS HAA VIS VIS 0 . . . 1M NA NA A... , i __ __j T over 2-eng.—Not authorized.

Arndt. No. 1; Dated, 1 May I

FEDERAL REGISTER, VOL 34, NO. 115—-TUESDAY« JONE 1Z. 1969 9428 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype YOU—Continued

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

Climb to 2800' on R 320° within 10 miles, return to VOR. Supplementary charting information: Final approach ers intercepts runway centerline 2520' from threshold. LRCO, 122.1, 123.6. 1700' hill and tower 1.7 miles NNE. 1400' hill 1 mile S. TDZ elevation, 1124'.

Procedure turn S side of ers, 140° Outbnd, 320° Inbnd, 2800' within 10 miles of IMT VOR. Final approach ers, 320°. Noras^l)"Iliding scale not authorized.’ (2) Use Marquette altimeter setting when control zone not effective.Circling and straight-in MDA increased 220' except for operators with approved weather reporting service. , ,, ,. * Alternate minimum« not authorized when control zone not effective except for operators with approved weather reporting service. #Circling N E of airport not authorized. Aircraft^^Mtir^*Runway 1, climbing left turn to 2200' on R 315° before proceeding on ers; aircraft departing Runway 13, climbing right turn to 2200' on R 150° before proceeding on ers; aircraft departing Runway 31, right turn not authorized until reaching 2200'. Day and Night Minimums

A B C D ______COnd‘ MDA VIS TT AT MDA VIS HAT MDA VIS HAT MDA VIS HAT g_31$...... 1640 1 516 1640 1 516 1640 1 516 1640 1H 516 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA # c$ ...... 1700 1 551 1700 1 651 1700 1M 551 1700 2 551 A ...... Standard.* T 2-eng. or less—500-1.$% T over 2-eng.—500-1.$%

Citv Iron Mountain; State, Mich.; Airport name, Ford; Elev., 1149'; Facility, EMT; Procedure No. VOR R unw ay 31, Arndt. 4; Eff. date, 3 July 69; Sup. Arndt. No. 3; Dated 16 May 69

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

Climbing left turn to 3500' on ITH VOR R 315° within 10 miles, direct to ITH VOR and hold. Supplementary charting information: Hold NW, 1 minute, left turns, Inbnd ers 135°. Final approach ers, 300' left runway center- line at 3000'. 2112' tower plus high terrain, 3.3 miles SE of airport. TDZ elevation, 1082'.

Procedure turn E side of ers, 315° Outbnd, 135° Inbnd, 2600' within 10 miles of ITH VOR. Final approach ers, 135°. MSA: 000°-270°—3300'; 270°-360°—3200'. N ote: Use Chemung County Airport altimeter setting when control zone not effective. ♦Circling and straight-in MDA increases 100' and alternate minimums not authorized when control zone not effective. %IFR departure: Runway 14 departure requires 320' per mile climb rate to 2200'. Day and Night Minimums

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

g_14»...... 1480 % 398 1480 % 398 1480 H 398 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C*...... — . 1480 1 382 1560 1 462 1560 1J3 462 NA A ...... Standard.* T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City. Ithaca; State. N.Y.; Airport name, Tompkins County; Elev., 1098'; Facility, ITH; Procedure No. VOR Runway 14, Arndt. 7; Eff. date, 3 July 69; Sup. Arndt. No. 6; Dated, 20 Mar. 69

FEDERAL REGISTER, VO L 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9429

Standard instrum ent Approach P rocedure—,t y p b VOR—Continued

Terminal routes Missed approach

Minimum From— To— Via altitudes MAP: MHK VOR. (feet)

Chapman I n t...... MHK VOR...... Direct____ ...... 1800 Climbing right turn to 3000', intercept M HK R 138°, proceed to Alma Int and hold.* Supplementary charting information: •Hold SE, 1 minute, right turns, 318° Inbnd; Also chart holdirg at Chapman Int, hold W, 1 minute, right turns, 071° Inbnd. Final approach crs intercepts runway centerline extended at 2200'. Chart restricted areas 3602A and 3602B. TDZ elevation, 1048'.

Procedure turn not authorized. Approach crs (profile) starts at Chapman iDt. Pinal approach- crs, 024°. Minimum altitude over Chapman Int, 3000'; over Whitside Int and Ogden Fan Marker, 1800'. MSA: 000°-360°—2800'. Notes: (1) Use Salina, Kans., altimeter setting when control zone not effective, and all MDA’s increased 2007 except for operators with approved weather reporting services (2) Depart Chapman Int from holding pattern. Caution: Extensive helicopter operations at Marshall AAF during V FR weather conditions. $Altemate minimums not authorized when control zone not effective except for operators with approved weather reporting service. %IFR departure procedures: Westbound 185° through 340°, proceed to Custer Int via M HKVOR R-174° or MHK N D B bearing 182° before departing on crs. Day and Night Minimums

Cond. MDAVIS HAT MDAVISHATMDA VISHATVIS

S~3_ ...... 1800 1 752 1800 IX 752 1800 IX 752 NA MDAVIS HAA MDA VIS HAAMDA VISHAA O...... 1800 1 744 1800 1M 744 1800 \x 744 NA VOR/NDB Minimums or VOR/Fan Marker Minimums: MDA VIS HATMDA VIS HAT MDA VISHAT S - 3 ...... 1560 1 . 512 1560 1 512 1560 i 512 NA MDA VIS HAA MDA VIS • HAA MDA VISHAA C...... 1600 1 544 1660 1 604 1680 IX 624 NA A...... T 2-eng. or less—Standard.% T over 2-eng.-—Standard.%

City, Manhattan; State, Kans.; Airport name, Manhattan Municipal; Elev., 1056'; Facility, MHK; Procedure No. VOR Runway 3, Arndt. 5; Eff. date, 3 July 69: Sud. Arndt No. 4; Dated, 3 Apr. 69

Terminal routes Missed approach

Minimum From— To— Via altitudes MAP: 2.3 miles after passing Ashland Int. (feet)

MHK V O R ...... Almalnt.L...... Direct. 3000 Climbing right turn to 3000' to Alma Int A lm alnt— ...... Ashland Int (N O PT)______Direct. 1900 and hold.* Supplementary charting information: *Hold SE, 1 minute, right turns, 318® Inbnd. Chart restricted areas 3602A and 3602B. TDZ elevation, 1043'.

Procedure turn not authorized. Approach crs (profile) starts at Alma Int. FAF, Ashland Int. Final approach crs, 318®. Distance FAF to MAP, 2.3 miles. Minimum altitude over Alma Int, 3000'; over Ashland Int, 1900'. MSA: 000°-360°—2800'. „ N otes: (1) Dual VOR or VOR/ADF required. (2) Use Salina, Kans., altimeter setting when control zone not effective, and all MDA’s increased 200' except for operators with approved weather reporting service. ^ ^ “ SAltemate minimums not authorized when control zone not effective except for operators with approved weather reporting service. %IF R departure procedures: Westbound 185° through 340°, proceed to Custer Int via MHK VO R R 174° or MHK N D B bearing 182° before departing on crs. Day and Night Minimums

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

S-31- ...... J ...... 1480 1 437 1480 1 437 1480 1 437 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA 0 ...... -r...... 1600 1 544 1660 1 604 1680 IX 624 NA A...... - Standard^ T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City, Manhattan; State, Kans.; Airport name, Manhattan Municipal; Elev., 1056'; Facility, MHK; Procedure No. VOR Runway 31, Arndt. 2; Eff date 3 July 69- Sud Arndt No. 1; Dated, 3 Apr. 69 *

„ „ FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 N o. .115----- 3 9430 RULES AND REGULATIONS

Standard instrum ent Approach P rocedure—(Type VOR—Continued

Terminal routes Missed approach

Minimum MAP: 3.6 miles after passing MFD From— To— Via altitudes VORTAC (feet)

Climbing left turn to 3000' to Reedsburg Int via MFD VOR R 101° and bold; or when directed by ATC, climbing left turn to 2700' to MFD VORTAC. Hold NW MFD VOR 1 minute, right turns, 130° Inbnd. Supplementary charting information: Hold W of Reedsburg Int, 1 minute, right turns, 101° Inbnd. TDZ elevation 1276'. Steel towers; 1.8 miles S of airport 1484'; 4.4 miles SW of airport 1726'.

Procedure tum W side of crs, 310° Outbnd, 130° Inbnd, 2700' within 10 miles of MFD V O RTAC. FAF, MFD VORTAC. Final approach crs, 130°. Distance FAF to MAP, 3.6 miles. Minimum altitude over MFD VORTAC, 2300'. MSA: 000°-270°—2800'; 270°-360°—2500'. Day and Night Minimums

A B C D______

Cond' MDA v i s h a t m d a v i s h a t m d a v i s h a t m d a v i s h a t g_14...... 1620 % 344 1620 % 344 1620 H 344 1620 1 344 MDA VIS HA A MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... ' ...... 1740 1 443 v1760 1 463 1760 1}4 463 1860 2 663 A — Standard. T 2-eng. or less—RVR 24', Runway 32; Standard all other T over 2-eng.—RVR 24', Runway 32; Standard all other Runways. Runways.

City Mansfield; State, Ohio; Airport name, Mansfield Lahm Municipal; Elev., 1297'; Facility, MFD; Procedure No. VOR Runwayl4, Arndt. 6; Eft. date, 3 July 69; Sup. Arndt; > No. 5; Dated, 23 May 68

Standard 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 aré 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: At 5-mile DME Fix R 133. (feet)

Mansfield V O RTAC...... R 133°, MFD VORTAC 9-mile DME Direct...... 2700 Climb to 2700' direct to MFD VORTAC Fix. and hold; or when directed by ATC R 036°, MFD VORTAC CW._: R 133°, MFD VORTAC...... 15-mile Are MFD, R 126° 3000 climb on 313° crs to 2700' right turn, lead radial. return to 9-mile DME Fix R 133°. Hold R 183°, MFD VORTAC CCW. R 133°, MFD VORTAC...... 15-mile Are MFD, R 141° lead 3000 SE, 1 minute, right turns, 313° Inbnd. radial. Supplementary charting information: 16-mile Arc...... 9-mile DME Fix, R 133° (NOPT)...... 313° crs...... 2500 Hold NW Mansfield VORTAC, 1 minute, right turns, 130° Inbnd. TDZ elevation 1293'. Steel towers: 1.8 miles S of airport 1484'; 4.4 miles SW of airport 1725'.

Procedure turn E side of crs, 133° Outbnd, 313° Inbnd, 2700' within 10 miles of 9-mile DME Fix R 133°. Final approach crs, 313°. _ , „ Minimum altitude over MFD R 133°, 9-mile DME Fix, 2500'; over 5-mile DME Fix, 1700'. MSA: 000°-270°—2800'; 270°-360°—2500'. Day and Night Minimums

A B ______C______D______COnd' MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT g_32_...... 1700 RVR 24 407 1700 RVR 24 407 1700 RVR 24 407 1700 RVR 50 407 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... 1740 1 443 1760 1 463 1760 1J$ 463 1860 2 663 A Standard. T 2-eng. or less—RVR 24', Runway 32; Standard all other T over 2-eng.—RVR 24', Runway 32; Standard all other Runways. Runways.

City Mansfield; State, Ohio; Airport name, Mansfield Lahm Municipal; Elev., 1297'; Facility, MFD; Procedure No. VOR/DME Runway 32, Arndt. 6; Eff. date, 3 July 69; ’ Sup. Arndt. No. 4; Dated, 23 May 68

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9431 7. By amending § 97.25 of Subpart C to amend localizer (LOC) and localizer-type directional aid (LDA) procedures as follows: Standard I nstrument Approach 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 EVE. 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: 2.5 miles after passing Bürnet Int. (feet)

AUS YOETAC______Plateau Int_____ ...... __ Direct. 3000 Climb to 2200' on SE crs AUS LOC within Lake Travis Int______. ______. _____ Plateau Int...... I____ ;...... Direct. 2300 15 miles or, when directed by ATC, Plateau In t...... Burnet Int (NOPT)...... Direct. 1400 climb to 2200' turn left direct to AUS VOETAC. Supplementary charting information: TDZ elevation, 632'.

Procedure tum W side of crs, 305° Outbnd, 125° Inbnd, 3GOO7 within 10 miles of Plateau Int. FAF, Burnet Int. Final approach crs, 125°. Distance FAF to MAP, 2.5 miles. Minimum altitude over Plateau Int, 23007; over Burnet Int, 1400'-. MSA within 25 miles of A U LOM: 000°-090°—2100'; 090°-180°—19007; 180°-360°—3000'. Note: ASE. Day and Night Minimums

A B C D MDA VÏSHATMDA VISHAT MDAVISHAT MDA . VIS HAT

S-12R__...... 1040 ' M 408 1040 % 408 v 1040 % 408 1040 1 408 MDA - VIS HAA MDA VIS HAAMDA VIS HAA MDA VISHAA C-;...... 1060 1 428 1100 1 468 1100 m 468 1220 2 588 A ...... Standard. T 2-eng. or less—EVE 24', Runway 30L; Standard all T over 2-eng.-—RVR 24', Runway 30L; Standard all other other runways. runways.

City, Austin; State, Tex.; Airport name, Eobert Mueller Municipal; Elev., 632'; Facility, I-AUS; Procedure No. LOC (BC) Eunway 12E, Arndt. 8; Efi. date, 3 July 69: Sud. Arndt. No. 7; Dated, 26 Sept. 68

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.7 miles after passing DE LOM. (feet)

QG N D B .. g E LOM...... Direct...... 2300 Climb to 20007 direct to Q G N D B or, when QG*VOR_. 5 5 ...... -*...... Direct...... 2300 directed by ATC, climb to 2000' direct to SVM VOR. DE LOM.------Direct...... :...... 2800 QG VOE. Troy Int... DE LOM (N O P T )...'...... 100° crs and LOC crs 9.7------2000 Supplementary charting information: DE LOM is named Madison. TDZ elevation, 623'.

Procedure turn E side of crs, 326° Outbnd, 146° Inbnd, 2300' within 10 miles of DE LOM. FAF, D E LOM. Final approach crs, 146°. Distance FAF to MAP, 5.7 miles. Minimum altitude over DE LOM, 2000'. MSA: 000°-090°—2500'; 090°-180°—2300'; 180°-360°—2800'. Notes: (1) Back crs unusable. (2) ASE. (3) Inoperative component table does not apply to EEIL ’s Runway 15E. ’Sliding scale not authorized. Day and Night Minimums

- „ . A B C D MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS s_15* -...... — ...... - H60 1 527 1160 1 537 1160 1 637 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA c ...... ——— ...... 1180 1 555 1180 1 555 1180 1}$ 555 NA A...... Standard. T 2-eng. or less—300-1 required all runways. T over 2-eng.—300-1 required all runways.

City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 625'; Facility, I-D ET; Procedure No. LOC Runway 15, Arndt. 3; Efif. date, 3 July 69; Sud Arndt N o LOC Eunway 15R, Arndt. 2; Dated, 5 Sept. 68

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9432 RULES AND REGULATIONS 8. By amending § 97.27 of Subpart C to establish nondirectional beacon (automatic direction finder) (NDB/ADF) procedures as follows: Standard I nstrument Approach P rocedure—T ype ND B (A D P ) Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet MSL, except HAT, HAA, and BA; 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 BVR. 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: MIW N D B. (feet)

Dunbar Int___ ...... MIW N D B ...... _____ Direct ...... 2700 Climb to 2700' on 135° bearing from MIW Union Int...... MIW N D B ______Direct____ ...... 2700 N D B within 10 miles; return to NDB; Supplementary charting information: Final approach crs intercepts runway centerline 2400' from threshold. Runway 12, TDZ elevation, 974'.

Procedure turn W side of crs, 315° Outbnd, 135° Inbnd, 2700' within 10 miles of MIW N D B. Final approach crs, 135°. MSA: 000°-090°—2400'; 090°-180°—2300'; 180°-270°—2400'; 270°-360°—2600'. Notes: (1) Use Waterloo, Iowa, altimeter setting except for operators with approved weather reporting service. (2) Operators with approved weather reporting service.may reduce all MDA’s by 160'. (3) Key radio mike 122.8 five times to activate REIL Runway 12. ♦Standard alternate minimums for operators with approved weather reporting service. Caution: Runways 18/36 unlighted. Day and Night Minimums

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

S-12...... _...... 1520 1 546 1520 1 546 1520 1 546 NA MDA VIS HAA MDA VIS HAA MDA VIS HAA C..._ ...... 1620 1 646 1620 1 646 1620 W i 646 NA A ...... _...... - ___ Not authorized.* T 2-eng. or less—Standard. T over 2-eng.—Standard.

City, Marshalltown; State, Iowa; Airport name, Marshalltown Municipal; Elev., 974'; Facility, MIW; Procedure No. ND B (ADF) Runway 12, Arndt.1; Eflf. date, 3 July 69; Sup. Arndt. No. Orig.; Dated, 2 Mar. 67 9. By amending § 97.27 of Subpart C to amend nondirectional beacon (automatic direction finder) (NDB/ADF) proce­ dures as follows: Standard I nstrument Approach P rocedure—T ype ND B (A D F ) 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: 4.8 miles after passing A U N D B. (feet)

AUS VORTAG...... LOM...... Direct. 2000 Climb to 3000' on crs 305° A U N D B within Butler Int______[______LOM______Direct. 1900 15 miles or, when directed by ATC, B S M N D B ...... LOM...... Direct. 1900 climb to 2200'. right turn direct to A US VORTAC. Supplementry charting information: TDZ elevation, 611'.

Procedure turn E side of crs, 125° Outbnd, 305° Inbnd, 1900' within 10 miles of A U LOM. FAF, AU LOM. Final approach crs, 305°. Distance FAF to MAP, 4.8 miles. Minimum altitude over A U LOM, 1900'. MSA within 25 miles of AU LOM: 000°-090°—2100'; 090°-180°—1900'; 180°-360°—3000'. N ote: ASR. D ay and N ight Minimums

A B C D Cond. MDAVIS HATMDA VISHAT MDAVISHATMDAVISHAT

S-30L...... 940 RVR 40 329 940 RVR 40 329 940 RVR 40 329 940 RVR 50 329 MDAVISHAA MDAVISHAAMDA VIS HAA MDA ' VIS HAA C ______1060 1 428 1100 1 468 1100 1^ 468 1220 2 588 A ...... T 2-eng. or less—RVR 24', 30L; others Standard. T over 2-eng. —RVR 24', 30L; others Standard.

City, Austin; State, Tex.; Airport name, Robert Mueller Municipal; Elev., 632'; Facility, AU; Procedure No. N D B (ADF) Runway 30L Amdt. 23; Eff. date, 3 July 69; Sup. Arndt. No. 22; Dated, 26 Sept. 68

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9433

Standard I nstrument Approach P rocedure—T ype NDB (ADF)—Continued

Terminal routes Missed approach Minimum From— To— Via altitudes MAP: 5.7 miles after passing DE LOM. (feet)

QG N D B ...... DELOM ...... Direct...... 2300 Climb to 2000'direct to QG N D B or, when QG V O R ...... D E LOM______Direct...... 2300 directed by ATC, climb to 2000'direct to SVM VORTAG. DE LOM...... __ D irect...... 2800 Q GVOR. Troy I n t ...... DE LOM (NOPT) Direct 100° and 326° bearing Supplementary charting information: 9.7. 2000 D E LOM is named Madison. TDZ elevation, 623'.

Procedure turn E side of crs, 326° Outbnd, 146° Inbnd, 2300' within 10 miles of DE LOM. FAF, DE LOM. Final approach crs, 146°. Distance FAF to MAP, 5.7 miles. Minimum altitude over DE LOM, 2000'. MSA: 000°~090°—2500'; 090°-180°—2300'; 180°-360°—2800'. Note: ASR. ♦Sliding scale not authorized. Day and N ight Minimums

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

8-15*...... 1200 1 577 1200 1 577 1200 1 577 NA MDA VIS HAA MDA VIS HAA MDA VIS HA A 0 ...... t ...... 1200 1 575 1200 1 575 1200 1*4 575 NA A...... - ...... Standard. T 2-eng. or less—300' ceiling and 1 mile required all run- T over 2-eng.—300' ceiling and 1 mile required all runways ways.

City, Detroit; State, Mich.; Airport name, Detroit City; Elev., 625'; Facility, DE; Procedure No. N D B (ADF) Runway 15, Arndt. 11; Eff. date. 3 July 69; Sud Arndt No N D B (ADF) Runway 15R, Arndt. 10; Dateid, 5 Sept. 68 •

Terminal routes Missed approach . Minimum From To— Via altitudes MAP: 4.4 miles after passing MO LOM. (feet)

MKC VORTAC.... Manchester (MC) LOM...... Direct. 2600 Climb to 2800' on bearing 005°, proceed to Farley Int...... Manchester (MO) LOM...... Direct. 2600 Camden Int.; or, when directed by ATC, Lansing In t...... Manchester (MC) LOM...... Direct 2600 climbing left turn to 2600' to Manchester DeSoto Int______Manchester (MC) LOM (NO PT)____ Direct. 2300 (MO) LOM. Camden Int...... Manchester (MC) LOM...... Direct. 2600 Supplementary charting information: Rondell (RN) LOM. Manchester (MC) LOM ...... Direct. 2600 TDZ elevation, 1011'. BSP VORTAC...... Manchester (MC) LOM______Direct. 3000

Procedure turn W side of crs, 185° Outbnd, 005° Inbnd, 2600' within 10 miles of MC LOM. FAF, MO LOM. Final approach crs, 005°. Distance FAF to MAP, 4.4 miles. Minimum altitude over Manchester (MC) LOM, 2300'. MSA: 045°-135°—2500'; 135°-225°—3100'; 225°-315°—2700'; 315°-045°—2400'. Note: Radar vectoring. Day and N ight Minimums

A B O R Cond. ______;______VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT

8-36...... ; - ...... 1380 R VR40 369 1380 RVR 40 369 1380 RV R 40 369 1380 RVR 50 369 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS H A A 0 ...... -...... 1540 1 515 1540 1 615 1540 1)6 515 1580 2 555 ^ ...... - ...... Standard. T 2-eng. or less—RVR 24', Runway 36; Standard all other T over 2-eng.—RVR 24', Runway 36; Standard all other runways. runways.

City, Kansas City; State, Mo.; Airport name, Kansas City International; Elev., 1025'; Facility, MO; Procedure No. N D B (ADF) Runway 36 Arndt 6- Eff date 3 Julv 69- Sup. Arndt. No. 5; Dated, 1 May 69 ' ’ * ’

FEDERAL REGISTER, VOL. 34, NO. »15— TUESDAY, JUNE 17, 1969 9434 RULES AND REGULATIONS

Standard I nstrument Approach P rocedure—T ype NDB (ADF)—Continued

Terminal routes Missed approach Minimum From— To— Via" altitudes MAP: 1.1 miles after passing MHK NDB. (feet)

MHK N D B ...... Volland Int...... Direct. 3000 Climbing right turn to 3000', to Volland 2000 Int and hold.* Volland Int.'...... i ...... MHK N D B (N O PT)...... Direct. Supplementary charting information: •Hold SE, 1 minute, right turns, 298° Inbnd. Chart restricted areas 3602A and 3602B. TDZ elevation, 1043'.

Procedure turn not authorized. Approach crs (profile) starts at Volland Int. PAP, N D B , Final approach crs, 298°. Distance FAF to MAP, 1.1 miles. Minimum altitude over Volland Int, 3000'; over MHK NDB, 2000'. Nora: °Use&riin^Kans8? altimeter setting when control zone not effective, and all MDA’s increased 200' except for operators with approved weather reporting service. ^Alternate minimmns not authorized when control zone not effective except for operators with approved weather reporting service. ISSMtawigh 340°, proceed to CuSter Int via MHK VOR, R 174° or MHK N D B bearing 182° before departing on crs.

D ay and Night Minimums

A B ______C ______D C°nd‘ MDA VIS HAT MDA VIS HAT MDA VIS HAT VIS

g_31...... 1580 1 537 1580 1 537 1580 1 537 NA MDA VIS HA A MDA VIS HAA MDA VIS HA A c ...... 1600 1 544 1660 1 604 1680 1} i 624 NA A ...... Standard.$ T 2-eng. or less—Standard.% T over 2-eng.—Standard.%

City Manhattan; State, Kans.; Airport name, Manhattan Municipal; Elev., 1056'; Facility, MHK; Procedure No. N D B (ADF) Runway 31, Arndt. 6; Eff. date, 3d July 69, Sup. Arndt. No. 6; Dated, 3 Apr. 69

Terminal routes Missed approach Minimum To— Via altitudes MAP: 4 miles after passing MF LOM From— (feet)

Direct - —- 2900 Climb to 2700' direct to MFD VORTAC TVT VOR ______MF DOM. Direct...... -i . . . 2700 via MFD VOR R 133° and hold; or when MFD VORTAC...... - ...... MF LOM. directed by ATC, climb on 320° fcrs to 2700', right turn return to MF LOM. Hold SE MF LOM, 1 minute, right turns, 320° Inbnd. Supplementary charting information: Hold NW of MFD VORTAC, 1 minute, right turns, 130° Inbnd. T D Z elevation 1293'. vj* Steel towers: 1.8 miles S of airport 1484; 4.4 miles SW of airport 1725'.

Procedure turn E side of crs, 140° Outbnd, 320° Inbnd, 2700' within 10 miles of MF LOM. FAF, MF, LOM. Final approach crs, 320°. Distance FAF to MAP, 4 miles. Minimum altitude over MF LOM, 2500'. MSA: 000°-360°—2800'. Day and Night Minimums

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

R VR 40 507 1800 RVR 50 607 S-32___ 1800 R VR40 507 1800 RVR 40 607 1800 VIS HAA MDA VIS HAA MDA VISHAA MDA VIS HAA 'MDA 503 1800 503 1860 2 563 C ...... 1800 1 503 1800 1 T 2-eng. or less—RVR 24', Runway 32; Standard all other T over 2-eng.--R V R 24',, Runway 32; Standard all other Runways. .. Runways. —

City, Mansfield; State, Ohio; Airport name, Sup. Arndt. No. 3; Dated, 23 May 68

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS »435 10. By amending § 97.29 of Subpart C to amend instrument landing system (ILS) procedures as follows: Standard I nstrument Approach P rocedure—T ype i l s 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: ILS D H 811'; LOC 4.8 miles passing From— To— Via altitudes A U LOM. (feet)

Austin VO RTAC...... A U LOM______...... Direct Butler Int...... A U LOM...... _ _ . Direct. ■...... 1900 15 miles or, when directed by ATC, climb BSM N D B ...... ______A U LOM...... _____ Direct.. TAC. Supplementary charting information: TDZ elevation, 611'.

Procedure turn E side of crs, 125° Outbnd, 305° Inbnd, 1900' within 10 miles of A U LOM. FAF, A U LOM. Final approach crs, 306°. Distance FAF to MAP, 4.8 miles. Minimum glide slope Interception altitude, 1900'. Glide slope altitude at OM, 1913'; at MM, 763'. Distance to runway threshold at OM, 4.8 miles; at MM, 0.5 mile. MSA within 25 miles of A U LOM: 000°-090°—2100'; 090°-180°—1900'; 180°-360°—3000'. Note: ASR. Day and Night Minimums

_ . A B C D C o n d . ------DH VIS HAT ' DH VIS HAT DH VIS HAT DH VIS HAT

S^OL...... 811 RVR 24 200 811 RVR 24 200 811 RVR 24 200 811 RVR 24 200 LOC: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-30L...... 880 RVR 24 269 880 RVR 24 269 880 RVR 24 _ 269 880 RVR 40 269 ]SlDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA C...... 1060 1 428 1100 1 468 1100 1JÍ 468 1220 2 588 A...... Standard. T 2-eng. or less-R V R 24', Runway 30L; Standard all T over 2-eng.—RVR 24', Runway 30L; Standard all other otner runways. runways.

City, Austin; State, Tex.; Airport name, Robert Mueller Municipal; Elev., 632'; Facility, I-AUS; Procedure No. ILS Runway 30L, Arndt. 23; Eff. date, 3 July 69; Sup. Arndt. No. 22; Dated, 26 Sept. 68 ■ *

Terminal routes Missed approach Minimum MAP: ILS D H 1493'. LOC 4 miles after T o - Via altitudes passing MF LOM (feet)

Tiverton VOR...... MF LOM Direct- Mansfield VORTAC ...... MF LOM. 2900 Climb to 2700' direct to MFD VO RTAC Direct. 2700 via MFD VOR R 133° and hold; or when directed by ATC, climb to 2700' on NW crs ILS, right turn, return to MF LOM. Hold SE MF LOM, 1 minute right turns 320° Inbnd. Supplementary charting information: Hold NW of MFD VO RTAC, 1 minute, right turns, 130° Inbnd. TDZ elevation 1293'. Steel towers: 1.8 miles S of airport 1484'; 4.4 miles SW of airport 1725'.

Procedure turn E side of crs, 140° Outbnd, 320° Inbnd, 2700' within 10 miles of MF LOM FAF, MF LOM. Final approach crs, 320°. Distance FAF to MAP, 4 miles Minimum glide slope interception altitude, 2500'. Glide slope altitude at OM, 2500'; at MM. 1510' Distance to runway threshold at OM, 4 miles; at MM, 0.6 mile. MSA: 000°-360°—2800'. Day and Night Minimums

Cond. DH VIS HAT DH VIS HAT DH VIS HAT DH VIS HAT S-32 ...... RVR 24 200 1493 RVR 24 200 1493 RVR 24 200 1493 RVR 24 200 LOC: MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA VIS HAT S-32...... RVR 24 407 1700 RVR 24 407 1700 RVR 24 407 1700 RVR 40 407 MDA VIS HAA MDA VIS HAA MDA VIS HAA MDA VIS HAA c__ 1 443 1760 1 463 1760 V/i 463 1860 2 563 A___ T 2-eng. or less-R V R 24', Runway 32; Standard all other T over 2-eng.-R V R 24', Runway 32; Standard all otl runways. runways.

City, Mansfield; State, Ohio; Airport name, Mansfield Lahm Municipal; Procedure No‘ILS 32> ^ t . 7; Eff. date, 3 July 69; Sup. Arndt;

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9436 RULES AND REGULATIONS 11. By amending § 97.31 of Subpart C to amend precision approach (PAR) and airport surveillance radar (ASR) pro­ cedures as follows: Standard I nstrument Approach P rocedure—T ype R adar Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M8L, except HAT, HAA, and R A. 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 a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure authorized for such airport by the Administrator. Initial approach minimum altitude (s) shall correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be established with the radar controller. From Initial contact with radar to final author­ ized landing minimums, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the author­ ized landing minimums, or (B) at Pilot’s discretion if it appears desirable to discontinue the approach. Except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 6 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimums; or (D) if landing is not accomplished.

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From— To— Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

As established by Alexandria (England AFB) ASR minimum altitude vectoring chart (17000...... — ...... 1. Aircraft on vector to FAF at 6-mile radius of Alexandria-Pineville Airport in sector from 180° CW to 020° from Alexandria-Pineville Airport. 2. Descend aircraft to MDA after FAF (6-mile radius of Alexandria-Pineville Airport).

Missed approach: Climb to 1700', right or left turn as appropriate direct ESF VOR. Day and Night Minimums

A B C D MDA VIS HAA MDA VIS HAA MDA VIS HAA VIS c ...... 800 1 700 800 1 700 800 1)$ 700 NA A ...... Not authorized. T 2-eng. or less—Standard. T over 2-eng.—Standard.

City Alexandria; State, La.; Airport name, Alexandria-Pineville; Elev., 100'; Facility, Alexandria Radar; Procedure No. Radar-1, Arndt. 1; Efl. date, 3 July 69; Sup. Arndt. No. Orig.; Dated 6 Feb. 69

Radar terminal area maneuvering sectors and altitudes (sectors and distances measured from radar antenna) Notes From To Distance Altitude Distance Altitude Distance Altitude Distance Altitude Distance Altitude

As established by AUS ASR minimum altitude vectoring chart. 1. Descend aircraft after passing FAF. 2. Runway 30L, FAF A U LOM 4.8 miles from threshold. 3. Runway 12R, FAF Burnet Int 2.6 miles from threshold. Minimum altitude over Burnet Int, 1400'. 4. Runway 16R, FAF 2.2 miles from threshold. Minimum altitude over FAF 1300'; 5. Runway 34L, FAF 6 miles from threshold. Radar antenna located at BSM AFB. TDZ elevation 30L, 611'; TDZ elevation 12R, 632';

Missed approach: , , Runway 30L—Climb to 3000' straight ahead on AUS LOC crs306° within 15 miles, or climb to 3000' right turn direct to AUS VORTAC and hold N, right turns, 1 minute, 187° Inbnd. Runway 12R—Climb to 3000' direct to AU LOM and hold SE, right turns, 1 minute, 305° Inbnd. Runway 16R—Climb to 3000' direct to A U LOM and hold SE, right turns, 1 minute, 305° Inbnd. Runway 34L—Climb to 3000' direct to AUS VORTAC and hold N, right turns, 1 minute, 187° Inbnd. Day and Night Minimums

A BC D Cond. MDA VIS HAT MDA VIS HAT MDA VIS HAT MDA . VIS HAT

S-30L...... - ______900 RVR 24 289 900 RVR 24 289 900 RVR 24 289 900 RVR 60 289 S-12R...... - ____ 1060 % 428 1060 % 428 1060 Vi 428 1060 1 428 MDA VIS HAA MDA VISHAAMDAVIS HAAMDAVIS HAA C-30L, 34L and 16R...... 1060 1 428 1100 1 468 1100 m 468 1200 2 668 C-12R...... 1100 1 468 1100 1 468 1100 m 468 1220 2 688 A ------...... Standard. T 2-eng. or less—RVR 24', Runway 30L; Standard all other T over 2-eng.*-R V R 24', Runway 30L; Standard all other runways. runways.

Citv Austin; State. Tex.; Airport name, Robert Mueller Municipal; Elev., 632'; Facility, Austin Radar; Procedure No. Radar-1, Arndt. 7; Eft. date, 3 July 69; Sup. Arndt; No. 6; Dated, 26 Sept. 68 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C. 1348 (c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on May 28, 1969. J a m e s P. R udolph, Director, Flight Standards Service. [F.R. Doc. 69-6622; Filed, June 16,1969; 8:45 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 9437 ed by grounds legally sufficient to justify the relief sought. Objections may be ac­ Title 21— FOOD AND DRUGS the relief sought. Objections may be ac­ companied by a memorandum or brief in companied by a memorandum or brief Support thereof. Chapter I— Food and Drug Adminis­ in support thereof. Effective date. This order shall become tration, Department of Health, Ed­ Effective date. This order shall become effective on the date of its publication ucation, and Welfare effective on the date of its publication in the F ederal R egister. SUBCHAPTER B— FOOD AND FOOD PRODUCTS in the F ederal R egister. (Sec. 408(d)(2), 68 Stat. 512; 21 U.S.C. PART 120— TOLERANCES AND EX­ (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346a(e)) 346a(d)(2)) EMPTIONS FROM TOLERANCES FOR Dated: June 9,1969. Dated: June 9,1969. PESTICIDE CHEMICALS IN OR ON J. K. K irk, J. K. K irk, RAW AGRICULTURAL COMMODI­ Associate Commissioner Associate Commissioner TIES for Compliance. for Compliance. Folpet [F.R. Doc. 69-7093; Filed, June 16, 1969; [F.R. Doc. 69-7097; Filed, June 16, 1969; 8:45 a.m.] 8:46 a.m.] No comments were received in response to the notice published in the F ederal R egister of April 12,1969 (34 F.R. 6442), PART 120— TOLERANCES AND EX­ PART 120— TOLERANCES AND EX­ proposing certain reductions of toler­ EMPTIONS FROM TOLERANCES FOR EMPTIONS FROM TOLERANCES FOR ance levels for residues of folpet in or on PESTICIDE CHEMICALS IN OR ON raw agricultural commodities. No re­ PESTICIDE CHEMICALS IN OR ON quests were received to refer the proposal RAW AGRICULTURAL COMMODI­ RAW AGRICULTURAL COMMODI­ to an advisory committee. TIES TIES The Commissioner of Food and Drugs concludes that the proposal should be 2-(p-ferf-Butylphenoxy)Cyclohexyl PART 121— FOOD ADDITIVES 2-Propynyl Sulfite adopted without change. Therefore, pur­ Captan suant to the provisions of the Federal A petition (PP 9F0803) was filed with Food, Drug, and Cosmetic Act (sec. 408 the Food and Drug Administration by No comments were received in response (e), 68 Stat. 514; 21 U.S.C. 346a(e)) and Uniroyal, Inc., Bethany, Conn. 06525, to the notice published in the F ederal under authority delegated to the Com­ proposing the establishment of a toler­ R egister of April 12,1969 (34 F.R. 6442), missioner (21 CFR 2.120), §120.191 is ance of 0.1 part per million for negligible proposing the reduction of certain revised to read as follows: tolerance levels for residues of captan residues of the insecticide 2-(.p-tert- in or on certain raw agricultural com­ § 120.191 Folpet; tolerances for resi­ butylphenoxy) cyclohexyl 2 - propynyl modities and raisins. No requests were dues. sulfite in or on the raw agricultural com­ received to refer the proposal to an ad­ Tolerances for residues of the fungi­ modity walnuts (meats). visory committee. cide folpet (N-(trichloromethylthio) The Secretary of Agriculture has certi­ The Commissioner of Food and Drugs phthalimide) in or on raw agricultural fied that this pesticide chemical is useful concludes that the proposal should be commodities are established as follows: for the purposes for which the tolerance adopted without change. Therefore, pur­ 50 parts per million in or on celery, is being established. suant to the provisions of the Federal cherries, leeks, lettuce, onions (green), Based on consideration given the data Food, Drug, and Cosmetic Act (secs. 408 shallots. submitted in the petition and other rele­ (e), 409(d), 68 Stat. 514, 72 Stat. 1787; 25 parts per million in or on apples, vant material, the Commissioner of Food 21 U.S.C. 346a(e), 348a(d)) and under avocados, blackberries, blueberries, boy- and Drugs concludes that the tolerances authority delegated to the Commissioner senberries, crabapples, cranberries, cur­ established by this order will protect (21 CFR 2.120), §§ 120.103 and 121.1061 rants, dewberries, gooseberries, grapes, the public health. Therefore, pursuant are revised to read as follows: huckleberries, loganberries, raspberries, to the provisions of the Federal Food, Drug, and Cosmetic Act (sec. 408(d) (2), § 120.103 Captan; tolerances for resi­ strawberries, tomatoes. dues. ' 15 parts per million in or on cucum­ 68 Stat. 512; 21 U.S.C. 346a(d) (2) ) and bers, garlic, melons, onions (dry bulb), under authority delegated to the Com­ Tolerances for residues of fungicide pumpkins, summer squash, winter missioner (21 CFR 2.120), § 120.259 is captan (IV-trichloromethyl-mercapto- squash. amended by adding to the end thereof 4-cyclohexene-l,2-dicarboximide) in or 15 parts per million in or on citrus a new paragraph, as follows: on raw agricultural commodities from fruits; this tolerance is on an interim § 120.259 2- (p-tert - Butylphenoxy) cy­ preharvest or postharvest uses or com­ basis pending evaluation of new data clohexyl 2-propynyl sulfite; toler­ binations of such uses are established as to be presented to the Food and Drug ances for residues. follows: Administration before January 1, 1970, ***** 100 parts per million in or on beet on transmission of such residues to milk greens, cherries, lettuce, spinach. 0.1 part per million (negligible resi­ 50 parts per million in or on apricots, and meat from feeding cattle with dried due) in or on walnuts. citrus pulp of such treated citrus fruits. celery, grapes, leeks, mangoes, nectarines, Any person who will be adversely af­ onions (green), peaches, plums (fresh Any person who will he adversely fected by the foregoing order may at prunes), shallots. affected by the foregoing order may at any time within 30 days from the date 25 parts per million in or on apples, any time within 30 days from the of its publication in the F ederal R egis­ avocados, blackberries, blueberries date of its publication in the F ederal ter file with the Hearing Clerk, Depart­ (huckleberries), cantaloups, crabapples, R egister file with the Hearing Clerk, ment of Health, Education, and Welfare, cranberries, cucumbers, dewberries, egg­ Department of Health, Education, and Room 5440, 330 Independence Avenue plants, garlic, honeydew melons, musk- Welfare, Room 5440, 330 Independence SW., Washington, D.C. 20201, written melons, onions (dry bulb), pears, peppers, Avenue SW., Washington, D.C. 20201, objections thereto, preferably hrquin- pimentos, pumpkins, quinces, raspberries, written objections thereto, preferably in tuplicate. Objections shall show wherein rhubarb, strawberries, summer squash, quintuplícate. Objections shall show the person filing will be adversely af­ tomatoes, watermelons, winter squash. wherein the person filing will be ad­ fected by the order and specify with 2 parts per million in or on beets versely affected by the order and specify particularity the provisions of the order (roots), broccoli, brussels sprouts, cab­ with particularity the provisions of the deemed objectionable and the grounds bage, carrots, cauliflower, collards, cot­ order deemed objectionable and the for the objections. If a hearing is re­ tonseed, kale, mustard greens, peas (dry grounds for the objections. If a hearing quested, the objections must state the and succulent), rutabagas (roots), soy­ is requested, the objections must state issues for the hearing. A hearing will be beans (dry and succulent), sweet com the issues for the hearing. A hearing will granted if the objections are supported (kernels plus cob with husk removed), be granted if the objections are support- by grounds legally sufficient to justify turnip greens, turnips (roots).

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 No. 115-----4 9438 RULES AND REGULATIONS

Also, the following tolerances for resi­ the safe use of polyethylene as a rough- SUBCHAPTER C— DRUGS dues of captan are established on an age replacement in the ration of feedlot interim basis pending evaluation of new beef cattle. Therefore, pursuant to the PART 141 e— BACITRACIN AND BAC­ data to be presented to the Food and provisions of the Federal Food, Drug, ITRACIN-CONTAINING DRUGS; Drug Administration before January 1, and Cosmetic Act (sec. 409(c)(1), 72 TESTS AND METHODS OF ASSAY 1970, on the transmission of such residues Stat. 1786; 21 U.S.C. 348(c)(1)) and to meat, milk, and eggs from feeding under authority delegated to the Com­ Zinc Bacitracin cattle or poultry with raw agricultural missioner (21 CFR 2.120), the following No comments were received in response commodities or their byproducts when new section is added to Subpart C of to the notice published in the F ederal such commodities have been treated with Part 121: R egister of April 12,1969 (34 F.R. 6443), captan: § 121.239 Polyethylene. proposing that the antibiotic drug regu­ 100 parts per million in or on almond lations be amended to provide for a n im­ hulls. (a) Identity. Polyethylene consists of proved method of sample preparation for 25 parts per million in or on beans (dry basic polymers manufactured by the a certification assay of zinc bacitracin. and succulent), grapefruit, lemons, limes, catalytic polymerization of ethylene. The Commissioner of Food and Drugs oranges, pineapples, potatoes, tangelos, (b) Specifications. (1) For the pur­ concludes that the proposal should be tangerines. poses of this section, polyethylene shall adopted as set forth below. 2 parts per million in or on almonds. meet the specifications in item 2.1 of Therefore, pursuant to the provisions § 121.1061 Captan. § 121.2501(c). of the Federal Food, Drug, and Cosmetic (2) The polyethylene is designed in a Act (sec. 507, 59 Stat. 463, as amended; A tolerance of 50 parts per million is pellet form in a configuration present­ 21 U.S.C. 357) and under authority dele­ established for residues of captan ing maximum angular surface having gated to the Commissioner (21 CFR (N - trichloromethylmercapto - 4-cyclo - the following dimensions in centimeters: 2.120), § 141e.418 is amended by revising hexene-1,2-dicarboximide) in or on the section heading and paragraph (a) washed raisins when present as a result 0.9±0.1 x 0.8±0.1 x 1.2 ±0.1 to read as follows: of fungicidal treatment by preharvest (c) Use. It is used as a replacement for application to grapes and postharvest roughage in feedlot rations for finishing § 141e.418 Zinc bacitracin. application during the drying process. slaughter cattle. (a) Potency. Proceed as directed for Any person who will be adversely af­ (d) Labeling. The labels and labeling bacitracin in § 141.110 of this chapter, fected by the foregoing order may at any shall bear in addition to the other in­ except add to each standard response time within 30 days from the date of its formation required by the act: line concentration sufficient 0.0IN hydro­ publication in the F ederal R egister file (1) The name of the additive “poly­ chloric acid to yield the same ratio of with the Hearing Clerk, Department of ethylene roughage replacement.” 0.0IN hydrochloric acid to 1 percent Health, Education, and Welfare, Room potassium phosphate buffer, pH 6.0 (2) Adequate directions for use which (solution 1) as present in the sample 5440, 330 Independence Avenue SW., shall provide for the administration of Washington, D.C. 20201, written objec­ solution diluted to the reference con­ one-half pound of polyethylene pellets centration. Prepare the sample for assay tions thereto, preferably in quintupli- per head per day for 6 successive days. cate. Objections shall show wherein the as follows : Dissolve an accurately All natural roughage should be removed weighed sample (usually 25 to 35 milli­ person filing will be adversely affected for a minimum of 12 hours prior to ad­ by the order and specify with particu­ grams) in sufficient 0.0IN hydrochloric larity the provisions of the order deemed ministration of polyethylene roughage acid to give a bacitracin concentration of objectionable and the grounds for the replacement. Roughage replacement 100 units per milliliter (estimated). Fur­ objections. If a hearing is requested, the must be adequately mixed in the ration ther dilute with solution 1 to the refer­ objections must state the issues for the for uniform distribution.. ence concentration of 1.0 unit of bacitra­ hearing. A hearing will be granted if the Any person who will be adversely af­ cin per milliliter (estimated). objections are supported by grounds fected by the foregoing order may at any * * * * * legally sufficient to justify the relief time within 30 days from the date of Effective date. This order shall become sought. Objections may be accompanied its publication in the F ederal R egister file with the Hearing Clerk, Department effective 30 days after its date of publi­ by a memorandum or brief in support cation in the F ederal R egister. thereof. of Health, Education, and Welfare, Room 5440, 330 Independence Avenue SW., (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. Effective date. This order shall become Washington, D.C. 20201, written objec­ 357) effective on the date of its publication in tions thereto, preferably in quintupli- Dated: June 9,1969. F ederal R egister. the cate. Objections shall show wherein the J. K. K irk, (Secs. 408(e), 409(d), 68 Stat. 514, 72 Stat. person filing will be adversely affected Associate Commissioner 1787; 21 U.S.C. 346a(e), 348(d)) by the order and specify with particu­ for Compliance. Dated: June 9, 1969. larity the provisions of the order deemed [F.R. Doc. 69-7099; Filed, June 16, 1969; objectionable and the grounds for the 8:46 a.m.] J. K. K irk, objections. If a hearing is requested, the Associate Commissioner objections must state the issues for the for Compliance. hearing. A hearing will be granted if the [F.R. Doc. 69-7092; Filed, June 16, 1969; objections are supported by grounds Title 16— COMMERCIAL 8:45 a.m.] legally sufficient to justify the relief sought. Objections may be accompanied PRACTICES PART 121— FOOD ADDITIVES by a memorandum or brief in support Chapter I— Federal Trade Commission Subpart C— Food Additives Permitted thereof. • in the Feed and Drinking Water of Effective date. This order shall become SUBCHAPTER A— PROCEDURES AND RULES OF Animals or for the Treatment of effective on the date of its publication in PRACTICE Food-Producing Animals the F ederal R egister. PART 2— NONADJUDICATIVE PROCEDURES P olyethylene (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. 348(c)(1)) The Commissioner of Food and Drugs, Subpart A— Investigations Dated: June 9,1969. having evaluated the data in a petition Motions T o Limit or T o Quash Commis­ (3406V) filed by Farmland Industries, J. K. K irk, Associate Commissioner sion Orders T o F ile Annual or Special Inc., Post Office Box 7305, Kansas City, R eports Mo. 64116, and other relevant material, for Compliance. concludes that the food additive regula­ [F.R. Doc. 69-7098; Filed, June 16, 1969; The Commission announces the fol­ tions should be amended to provide for 8:46 a.m.] lowing revision in Part 2 of Chapter I of

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 RULES AND REGULATIONS 94C9 Title 16, published June 13, 1967 (32 ten (10) days after service of the order, F.R. 8444, 8448). This revision shall be­ or, if the date for compliance is less come effective on the date of its publica­ than ten (10) days after service of the tion in the F ederal R egister. order, within such other time as the Paragraph (a) of § 2.12 is revised to Commission may allow. read as follows : ***** § 2.12 Reports. (Sec. 6,38 Stat. 721; 15 U.S.C. 46) (a) The Commission may issue an Issued: May 21,1969. order requiring a corporation to file a By direction of the Commission. report or answers in writing to specific questions relating to any matter under [seal] J oseph W. Shea, investigation. Any motion to limit or Secretary. quash such an order shall be filed with [F.R. Doc. 69-7114; Filed, June 16, 1969; the Secretary of the Commission within 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9440 Proposed Rule Making

of wine; and (10) make a number of less forth the necessity for establishing such DEPARTMENT OF THE TREASURY significant liberalizing and clarifying premises, and receive his approval changes, and minor editorial and techni­ thereof. The Director will approve such internal Revenue Service cal changes; the regulations in 26 CFR application if he is satisfied that the part 240, Wine, are amended as follows: applicant will engage in the bona fide [ 26 CFR Part 240 ] business of producing, blending, cellar §§ 240.2, 240.134, 240.940, 240.941, WINE treating, storing, bottling, packaging, or 240.942 [Amended] repackaging untaxpaid wine, and that Notice of Proposed Rule Making P aragraph 1. Sections 240.2, 240.134, there will be no jeopardy to the revenue. 240.940,240.941, and 240.942 are amended Notice is hereby given that the regu­ (68A Stat. 867, 72 Stat. 1378; 26 U.S.C. 7302, by deleting “Director, Alcohol and To­ 5351) lations set forth in tentative form below bacco Tax Division,” wherever such term are proposed to be prescribed by the appears and inserting in lieu thereof the P ar. 5. Section 240.130 is amended to Commissioner of Internal Revenue, with term “Director”. specifically refer to the receipt, prepara­ the approval of the Secretary of the Par. 2 Section 240.15 is amended to tion, use, or removal of concentrated or Treasury or his delegate. Prior to final change the term “Assistant Regional unconcentrated juice in the production adoption of such regulations, considera­ Commissioner, Alcohol and Tobacco of wine. As amended, § 240.130 reads as tion will be given to any data, view, or follows : arguments pertaining thereto which are Tax” to “Assistant regional commis­ submitted in writing, in duplicate, to the sioner, alcohol, tobacco and firearms”. As § 240.130 Activity on bonded wine cel­ Director, Alcohol, Tobacco and Firearms amended, § 240.15 reads ^.s follows: - lar premises. Division, Internal Revenue Service, § 240.15 Assistant regional commis­ Except as authorized in this subpart, Washington, D.C. 20224, within the pe­ sioner. bonded wine cellar premises shall be used riod of 30 days from the date of publica­ “Assistant regional commissioner” exclusively for (a) the receipt, produc­ tion of this notice in the F ederal R egis­ shall mean the assistant regional com­ tion, blending, cellar treatment, storage, ter. Any written comments or sugges­ missioner, alcohol, tobacco and firearms, bottling, packaging, repackaging, and tions not specifically designated as who is responsible to, and functions removal of untaxpaid wine (including confidential in accordance with 26 CFR under the direction and supervision of, distilling material, vinegar stock, heavy 601.601(b) may be inspected by any per­ a regional commissioner of internal bodied blending wine, Spanish type son upon written request. Any person revenue. blending sherry, and other wine products submitting written comments or sugges­ made from natural wine for nonbeverage tions who desires an opportunity to P ar. 3. The heading and text of § 240.19 purposes), and (b) the receipt, prepara­ comment orally at a public hearing on are amended to reflect the changes in the tion, use, or removal of fruit, concen­ these proposed regulations should sub­ title of the “Director, Alcohol and To­ trated or unconcentrated fruit juice, or mit his request, in writing, to the Direc­ bacco Tax Division” to “Director, Alco­ other materials authorized by this part tor, Alcohol, Tobacco and Firearms Di­ hol, Tobacco and Firearms Division”. As for use in the production and cellar vision, within the 30-day period. In such amended, the heading and text of § 240.19 treatment of wine. Wine not produced in case, a public hearing will be held and read as follows: the manner authorized for standard notice of the time, place, and date will § 240.19 Director. wine, for example, substandard bever­ be published in a subsequent issue of the “Director” shall mean the Director, age wine, made by the use of water in F ederal R egister. The proposed regula­ excess of limitations prescribed for tions are to be issued under the authority Alcohol, Tobacco and Firearms Division, standard wine, may not be produced or contained in section 7805 of the Internal Internal Revenue Service, Treasury, De­ stored on premises used for the produc­ Revenue Code of 1954 (68A Stat. 917; partment, Washington, D.C. 20224. tion or storage of standard wine. Any 26 U.S.C. 7805). P ar. 4. Section 240.120 is amended to wine produced in accordance with the require a special application from per­ [seal] R andolph W. T hrower, requirements for standard wine, which Commissioner of Internal Revenue. sons wishing to establish a bonded wine becomes substandard by reason of its cellar having a production capacity of condition, may not be retained on such In order to: (1) Prescribe minimum less than 1,000 gallons or a storage ca­ premises unless the condition is production and storage' requirements; pacity of less than 5,000 gallons. As corrected. (2) authorize wine spirits storage tanks amended, § 240.120 reads as follows: and wine spirits addition tanks to be (72 Stat. 1378, 1380; 26 U.S.C. 5351, 5361) § 240.120 Bonded wine cellars. located outside of buildings; (3) provide P ar. 6. Sections 240.140, 240.142, 240.- for retention by the proprietor of for­ Every person desiring to establish 160, and 240.166 are amended to provide mulas on Forms 698—Supplemental, and premises for the production, blending,- for the location of wine spirits storage for voluntary surrender of obsolete for­ cellar treatment, storage, bottling, pack­ tanks and wine spirits addition tanks mulas; (4) provide for riders to formulas aging, or repackaging of untaxpaid wine outside of buildings, and §§ 240.140 and and for the adoption by a successor of (other than cider, family. wine, or ex­ 240.142 are further amended to make a predecessor’s approved formulas; (5) perimental wine produced free of tax clarifying changes. As amended, §§ 240.- provide for return to the consignor of a under section 5042, I.R.C., and Subpart 140, 240.142, 240.160, and 240.166 read leaking tank car or tank truck contain­ Y of this part) shall provide premises, as follows: ing wine being transferred in bond; (6) make application to and file bond with provide for the submission of one Form the assistant regional commissioner, and § 240.140 Buildings or rooms of bonded 257 to cover all wine spirits to be trans­ receive his permission to operate a wine cellars. ferred to the wine cellar during the bonded wine cellar: Provided, That a Bonded wine cellars shall be so lo­ calendar year; (7) strengthen and clari­ person desiring to establish premises cated, constructed, and equipped, sub­ fy requirements respecting entries on having a production capacity of less than ject to approval by the assistant regional daily records; (8) expand the range of 1,000 gallons or a storage capacity of commissioner, as to be suitable for the Table V, gallons of water required to less than 5,000 gallons shall, before pro­ production or storage of wine, and to reduce 1 gallon of concentrated juice viding premises, making application, and afford protection of the revenue. The to a desired degree Brix; (9) update the filing bond, submit a letter application, buildings, outside tanks, or rooms in list of materials authorized for treatment in triplicate, to the Director, setting which wines are stored or treated shall

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9441 be securely constructed of substantial enclosed by a fence or wall which the as­ bonded wine cellar shall be painted the material. All doors, windows, or other sistant regional commissioner deems same color. openings shall be so arranged that they adequate for protection of the revenue, (72 Stat. 1395; 26 UJ3.C. 5552) may be locked or fastened, and shall be such tanks shall be enclosed within a kept locked in the absence of the pro­ secure fence. The assistant regional P ar. 8. Sections 240.196 and 240.197 are prietor' or his agents. Except for neces­ commissioner may approve wine spirits amended to liberalize provisions relating sary openings for ventilation and for addition tanks located outside of build­ to the description of certain buildings the passage of water, electric, sewer, or ings on bonded premises if he finds that and equipment on Form 698. As amended, similar lines, the wine cellar shall be such tanks are so constructed as to af­ §§ 240.196 and 240.197 read as follows: separated from adjoining buildings or ford adequate protection from the ele­ § 240.196 Description of buildings and rooms by suitable partitions: Provided, ments and to create no jeopardy to the rooms. That where a bonded wine cellar, a dis­ revenue. All buildings on the bonded wine cellar tilled spirits plant, a taxpaid wine bot­ (72 Stat. 1379; 26 U.S.C. 5357) tling house, another bonded wine cellar, premises shall be accurately described on or a wine vinegar plant are located in § 240.166 Wine spirits storage tanks, Form 698. If the premises consist of one contiguous buildings or rooms, pipelines weighing tanks, and measuring tanks. or more entire buildings, each building may be installed for the transfer of wine Where wine spirits are to be received shall be described as to size, material of or wine spirits. Pursuant to a letter ap­ in tank cars, tank trucks, or by pipe­ which constructed, and the purpose for plication, in triplicate, submitted by the lines, and are not to be used immediately which it will be used: Provided, That proprietor, the assistant regional com­ in wine production, wine spirits storage buildings which will not be used in con­ missioner may approve doors in the par­ tanks shall be provided in the wine cel­ nection with the operations authorized titions separating the bonded wine cel­ lar: Provided, That tanks for storage of by this part may be described only as to lar from the production facility, bottling wine spirits may be located outside of size and the purpose for which used. If premises, or general premises of a dis­ buildings, and unless the premises are the premises consist of a part of a build­ tilled spirits plant, or from a taxpaid enclosed by a fence or wall which the ing, in addition to giving the size of the wine bottling house, wine vinegar plant, Director deems adequate for protection building and material of which con­ another bonded wine cellar, or a con­ of the revenue, such tanks shall be en­ structed, there shall be described sepa­ tiguous taxpaid room operated by the closed within a secure fence. The fence rately the rooms of floors constituting the proprietor. bonded premises and the walls of floors directly enclosing tanks shall be em­ separating the premises from adjoining (72 Stat. 1379; 26 U.S.C. 5357) bedded in a concrete foundation, shall be at least 10 feet high, and shall have three portions of the buildings, and the activ­ § 240.142 Wine spirits storage room. ities conducted in adjoining and adjacent rows of barbed wire superimposed on portions. The means of egress and ingress Where wine Spirits are to be received top, or shall be constructed in such man­ shall also be described. in packages at a bonded wine cellar for ner as the Director considers equally use in wine production a wine spirits effective; the gate shall be fitted for (72 Stat. 1379; 26 U.S.C. 5356) storage room shall be provided except locking. Wine spirits storage tanks shall § 240.197 Description of equipment. where the wine spirits are withdrawn be constructed of metal and be of uni­ under the provisions of §§ 240.836 and form dimension from top to bottom. If All equipment, including tanks, crush­ 240.837. The room shall be sufficiently a weighing tank is to be used, it shall be ing and pressing equipment, instruments large to permit the storage of all wine of suitable size with suitable and accu­ and measures for testing and measuring spirits to be received or possessed at any rate scales. If a measuring tank is to be wine shall be described on the Form 698. one time. The room shall be securely con­ used for measuring wine spirits, it shall Tanks shall be listed by their intended structed of substantial material so as to be of suitable size and shall be accu­ use, stating, for each use, the total num­ prevent unlawful access to the wine rately calibrated. ber of tanks and their total capacity. Barrels or other readily portable con­ spirits. The door shall be equipped with (72 Stat. 1379, 1395; 26 U.S.O. 5357, 5552) a hasp and staple for locking with a tainers under 60 gallons capacity need Government lock. A sign bearing the P ar. 7. Section 240.169 is amended not be listed but the approximate number words “Wine Spirits Storage Room” shall to provide that wine spirits pipelines may of such containers used for the storage be placed over the entrance door of the be painted either black or blue. As of wine shall be shown. Unless required room. amended, § 240.169 reads as follows. by the assistant regional commissioner, § 240.169 Wine spirits pipelines. hoses, filters, pumps, pasteurizers, coolers, (72 Stat. 1379; 26 U.S.C. 5357) and similar equipment need not be listed § 240.160 Location of tanks. Pipelines used for the conveyance of on the Form 698. wine spirits from the bonded premises (a) General. Tanks used for the stor­ of a distilled spirits plant to wine spirits (72 Stat. 1379; 26 U.S.C. 5356) age or treatment of wine shall be located storage tanks, measuring tanks, weigh­ P ar. 9. Section 240.205 is amended to within wine cellar buildings, except as ing tanks, and wine spirits addition tanks delete the reference to the number of provided in paragraph (b) of this sec­ shall be constructed in accordance with copies of Form 1534. As amended, § 240.- tion. All fermenters, storage tanks, wine 205 reads as follows: spirits storage tanks, bottling tanks, and the requirements of regulations pre­ other containers, shall be so arranged and scribed in Part 201 of this chapter. If § 240.205 Power o f attorney, Form wine spirits are to be received by tank 1534. located as to permit ready examination car or tank truck, a secure pipeline shall and determination of their contents by be provided from the unloading point to If the application or other qualifying inspecting officers. Tanks to be used for the storage tank, measuring tank, weigh­ documents are signed by an attorney in the addition of wine spirits to wine shall ing tank, or wine spirits addition tank. fact for an individual, partnership, as­ be so constructed as to permit examina­ Where wine spirits are stored in wine sociation, or corporation, or by one of tion of every part thereof, and so ar­ spirits storage tanks, a fixed pipeline, un­ the members for a partnership, or asso­ ranged as to leave an open space of not broken except for necessary short hose ciation, or, in the case of a corporation, less than four feet between the top of connections to pumps or weighing tanks, by an officer or other person not author­ the tank and the ceiling or roof above. shall be provided from the wine spirits ized to sign by the corporate documents (b) Tanks located outside of build­ storage tank to the wine spirits addi­ described in § 240.203, such application ings. Open fermenting tanks, except or other qualifying documents shall be those used exclusively for the production tion tank. All joints in such pipelines shall be brazed, welded, or otherwise supported by a duly authenticated copy of distilling material, shall be under a of the power of attorney conferring au­ roof or other suitable covering, but need permanently joined. Valves, suitably equipped for locking, shall be provided thority upon the person signing the docu­ not be enclosed in a building. Closed ment to execute the same. Such powers tanks for storage of wine may be located to control the flow of the wine spirits from or into each tank. Pipelines for wine of attorney will be executed on Form outside of buildings on the bonded spirits shall be painted either black or 1534 and submitted to the assistant premises, and unless the premises are blue, but all such pipelines within the regional commissioner.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 7, 1969 9442 PROPOSED RULE MAKING

§ 240.206 [Deleted] tice of discontinuance has been ap­ and a provision for approval by the as­ proved, the assistant regional commis­ sistant regional commissioner, sub­ Par. 10. Section 240.206 is deleted. sioner will issue a notice of termination stantially in the following form: Par. 11. Section 240.213 is amended to provide for retention of approved Forms of the bond on Form 1490 and will for­ Accuracy certified by: 698—Supplemental, and for voluntary ward copies to the principal and to the surety; or, in the case of bond, Form (Name of proprietor) surrender of obsolete formulas. As 2053, the notice of termination of the amended, § 240.213 reads as follows: bond will be issued upon receipt from (Registry number) § 240.213 Retention of documents. the proprietor of written advice that he (Address) The proprietor shall keep at the bonded has discontinued removal of wine requir­ wine cellar premises or in an office ad­ ing a tax deferral bond. When a valid (By: Name and title) jacent thereto, the copies of all approved superseding bond has been approved, the Approved : qualifying documents which have been assistant regional commissioner will is­ (Date) returned to him by the assistant regional sue a notice of termination of the bond commissioner, and copies of formulas on on Form 1490 and will forward copies to (Assistant Regional Commissioner) Form 698—Supplemental which have the principal and to the surety. Par. 17. Sections 240.285 and 240.286 been returned by the Director. Such (72 Stat. 1379; 26 U.S.C. 5354) are amended, and a new section, copies shall be made available, without § 240.290a, is added immediately follow­ delay, for the examination of any inter­ § 240.257 Release or termination, Form ing § 240.290, to provide for adoption of nal revenue officer. Obsolete formulas for 1676. formulas. Sections 240.285 and 240.286, which the proprietor no longer has any When the principal on a bond, Form as amended, and § 240.290a, as added, use may be surrendered to the Director, 1676, notifies the assistant regional com­ read as follows: through the assistant regional commis­ missioner that he has discontinued the § 240.285 Nonfiduciary successor. sioner. withdrawal of wine without payment of Par. 12. Sections 240.220 and 240.225 tax for use in the manufacture of vine­ If a change in proprietorship of the are amended to delete the phrase “in gar, the assistant regional commissioner bonded wine cellar is brought about triplicate”. As amended, §§ 240.220 and will issue a notice of termination of the otherwise than by appointment of an 240.225 read as follows: administrator, executor, receiver, trustee, bond on Form 1490. When a superseding or other fiduciary, the successor shall § 240.220 General requirements. bond on Form 1676 is approved by the assistant regional commissioner, he will qualify in the same manner as the pro­ Every person required to file a bond issue a notice of termination of the bond prietor of a new bonded wine cellar, ex­ or consent of surety under this part shall on Form 1490 for the superseded bond. cept that he may adopt the plat of the prepare and execute such document on predecessor, as provided in § 240.290, and the prescribed form in accordance with (72 Stat. 1380; 26 U.S.C. 5362) the formulas of the predecessor, as pro­ this subpart and the instructions § 240.259 Release of collateral, Form vided in § 240.290a. printed on the form or issued in respect 1676. (72 Stat. 1379; 26 U.S.C. 5354, 5356) thereto, and shall submit it to the assist­ . Collateral pledged and deposited to ant regional commissioner. § 240.286 Fiduciary. support a bond on Form 1676 will ordi­ If the bonded wine cellar is to be oper­ § 240.225 Bond, Form 1676. narily be released by the assistant ated by an administrator, executor, re­ The proprietor of a wine vinegar plant regional commissioner upon issuance of ceiver, trustee, assignee, or other fiduci­ desiring to withdraw wine from bonded a notice of termination of the bond on ary, the fiduciary must comply with pro­ wine cellars without payment of tax for Form 1490, provided all liabilities under visions of Subpart G to the extent that use in the manufacture of vinegar shall the bond have been satisfied. such provisions are applicable, except file with the assistant regional commis­ (61 Stat. 646; 6 U.S.C. 15) that in lieu of filing a new bond and a sioner of the region in which the vinegar P ar. 15. Section 240.272 is amended to new plat, the fiduciary may furnish a plant is located, bond on Form 1676. The liberalize provisions relating to depic­ consent of surety extending the terms of penal sum of the bond shall be not less tion of certain buildings on the plat. As his predecessor’s bond, may adopt the than the tax on all wine to be withdrawn amended § 240.272 reads as follows: plat of such predecessor, and, as pro­ plus the tax on all wine on hand at the vided in § 240.290a, may also adopt the vinegar plant which has not been con­ § 240.272 Depiction of premises. formulas of the predecessor. The fiduci­ verted into vinegar and all wine in The plat shall show the outer bound­ ary shall furnish certified copies, in trip­ transit to the wine vinegar plant, but in aries of the premises in contrasting color. licate, of the order of the court, or other no case shall the penal sum be less than The location and size of each building, pertinent documents, showing his quali­ $500. If the proprietor of the wine vine­ and the purpose for which each will be fication as such fiduciary. The effective gar plant is also the proprietor of a used will be shown. If the bonded prem­ date of the qualifying documents filed by bonded wine cellar located on adjacent ises consist of only a room or floor of a a fiduciary shall be the same as the date premises, he may file consent of surety, building, the precise location of the of the court order, or the date specified Form 1533, extending the terms of his room or floor, together with the means therein for him to assume control. If the wine cellar bond as provided in § 240.651, of access to a public street or yard, or to fiduciary was not appointed by the court, instead of filing bond on Form 1676. a public hall or elevator shaft leading to the date of his assuming control shall (72 Stat. 1380; 26 U.S.C. 5362) a public street or yard, will be shown. coincide with the effective date of the The first floor exterior doors and win­ qualifying documents filed with him. §§ 240.237,240.905 [Amended] dows of each building used in connec­ (72 Stat. 1379; 26 U.S.C. 5354, 5356) tion with the operations authorized by P ar. 13. Sections 240.237 and 240.905 § 240.290a Adoption of formulas, Forms are amended by deleting “Director, Al­ this part will be shown on the plat. The 698— Supplemental. cohol and Tobacco Tax Division” wher­ surrounding driveways, streets, and ever such term appears, and by inserting sidings also shall be indicated. If a successor desires to adopt the ap­ in lieu thereof the term “Director”. P ar. 16. Section 240.274 is amended to proved Forms 698—Supplemental of his P ar. 14. Sections 240.256, 240.257, and delete the requirement that a draftsman predecessor, he shall submit, in tripli­ 240.259 are amended to correct the title certify to the accuracy of a plat he has cate, a letter application to, and receive of Form 1490. As amended, §§ 240.256, prepared. As amended, § 240.274 reads approval from, the Director. Such letter 240.257, and 240.259 read as follows: as follows: shall list the formulas by number, daite of approval, and name of the product. The § 240.256 Release or termination of § 240.274 Certificate of accuracy. application shall show that the prede­ Form 700 or 2053. Each sheet of the plat shall contain in cessor has authorized the use of his pre­ When the proprietor of a bonded wine the lower right-hand comer a certificate viously approved formulas by the suc­ cellar discontinues business and the no­ of accuracy, signed by the proprietor, cessor.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9443

P ar. 18. Section 240.292 is amended to from the producer thereof a certificate The proprietor will certify on Form 275 specify the number of copies of certain stating whether the volatile fruit flavor that the wine has been produced in ac­ required applications. As amended, has been removed therefrom, and, if so, cordance with the requirements of this § 240.292 reads as follows: whether the identical fruit flavor has subpart and is eligible for the addition of been restored thereto. Concentrated or wine spirits, and will make application § 240.292 Successor to bonded wine cel­ unconcentrated fruit juice may be used for the release of the quantity of wine lar with bonded wine warehouse. in juice or wine made from the same spirits desired by delivering one copy of Where a bonded wine warehouse has kind of fruit for purposes of developing Form 275 to the internal revenue officer. been established at a bonded wine cellar alcohol by fermentation or for sweeten­ In the discretion of the internal revenue under the provisions of § 240.201, and it ing as provided In this part. Concen­ officer, a sample of the wine spirits may is desired to continue the operation of the trated fruit juice, or juice which has be taken before addition of the wine bonded wine warehouse subsequent to a been concentrated and reconstituted, spirits. change in proprietorship of the bonded shall not be used in standard wine pro­ (72 Stat. 1381, 1382; 26 U.S.C. 5367, 5373) wine cellar, it will be necessary for the duction if at any time it was concentrated proprietor of the bonded wine ware­ to more than 80 degrees Brix. P ar. 23. Section 240.385 is amended to house to file a new letter application, in provide for riders to formulas and to quadruplicate, acompanied by a state­ (72 Stat. 1383, as amended; 26 U.S.C. 5382) make minor editorial changes. As ment, in triplicate, from the new pro­ P ar. 21. Section 240.366 is amended to amended, § 240.385 reads as follows: prietor (applicant) of the bonded wine provide that the acid content of amelio­ § 240.385 Production of Flor sherry cellar requesting the continuation of rated wine shall be determined as before wine. such warehouse, and by consent of his fermentation. As amended, § 240.366 surety thereto. reads as follows: (a) General. Proprietors desiring to produce sherry wine by the Flor process (72 Stat. 1379; 26 U.S.C. 5353) § 240.366 Limitations on amelioration. may add wine spirits to such wine at two P ar. 19. Section 240.296 is amended to In producing wine from grapes or different times, once before and once provide that changes in required list of grape juice having a high acid content, after the Flor treatment. A statement of stockholders may, under certain condi­ there may be added to the juice or to process on Form 698—Supplemental, in tions, be submitted annually. As the wine, or both, ameliorating material triplicate, giving details of the production amended, § 240.296 reads as follows: consisting of either water, pure dry process, shall be filed with the Director § 240.296 Changes in officers, directors, sugar, a combination of water and pure and approved prior to the commence­ or stockholders of a corporation. dry sugar, liquid sugar, or invert sugar ment of production. Where the proprietor syrup. The total volume of ameliorating has on file on the effective date of this Where there is a change in officers or material shall not reduce the natural part approved formulas covering the pro­ directors, or in the stockholders required fixed acid content of the juice and ame­ duction of Flor sherry wine, new formulas to be listed under § 240.204, the pro­ liorating material combined to less than need not be filed unless requested by the prietor shall submit, within 10 days of five parts per thousand. The acid con­ assistant regional commissioner. If the such change, a written notice to the as­ tent shall be determined as before fer­ wine spirits are to be added at two differ­ sistant regional commissioner: Provided, mentation, and calculated as tartaric ent times a record shall be kept showing That changes in the list of stockholders acid. The volume of ameliorating mate­ dates and quantities of first addition of may be submitted annually on May 1, rial shall not exceed 35 percent of the wine spirits for Flor Sherry production, except where the sale or transfer of capi­ total volume of the ameliorated juice or inoculation with Flor sherry yeast and a tal stock results in a change in the con­ wine (calculated exclusive of pulp). The record showing storage and movement of trol or management of a business. The ameliorating material may be added be­ the wine to the time of the second addi­ notice shall be filed in triplicate, shall fore, during, or after fermentation. tion of wine spirits. In case wine spirits describe the changes, and be prepared as Where ameliorating material is added are to be added only once, no separate required by § 240.204. after fermentation, the gallons of wine record is required. P ar. 20. Section 240.353 and its head­ before and after such addition shall be (b) Change in formula. The addition ing are amended to provide for certain determined and entered on the record or elimination of ingredients, changes in operations respecting concentrated and provided for in § 240.908. See Subpart quantities used, and changes in the proc­ unconcentrated juice. As amended, XX of this part for tables showing the ess of production are permissible only § 240.353 reads as follows: maximum quantity in gallons of amelio­ after approval of a new Form 698—Sup­ § 240.353 Concentrated and unconcen­ rating material that may be added to plemental: Provided, That where a trated fruit juice. each 1,000 gallons of juice (exclusive of change in the quantity of ingredients or Concentrated fruit juice reduced with pulp) based on the acid expressed In in the process of production does not alter water to its original density, or to 22 de­ parts per thousand of tartaric acid. the character of the product, the change grees Brix, or to any degree of Brix be­ (72 Stat. 1384, as amended; 26 U.S.C. 5383) may be accomplished by filing a rider to tween its original density and 22 degrees the formula with, and obtaining approval P ar. 22. Section 240.375 is amended to from, the Director. The rider shall be Brix, and unconcentrated fruit juice re­ delete the provision relating to the num­ filed in triplicate, shall identify the orig­ duced with water to not less than 22 de­ bering of Forms 275. As amended, inal formula by number, date of approval, grees Brix, shall be deemed to be juice for § 240.375 reads as follows: the purpose of standard wine production. name of the product, and by name and Where concentrated fruit juice Is re­ § 240.375 Application for release of wine number of the wine cellar, shall specify spirits. the quantity of the ingedients or the ceived on bonded wine cellar premises change in process, and shall be signed the proprietor shall procure from the Prior to the addition of wine spirits, the and processed in the same manner as the producer thereof a certificate stating the wine will be placed in tanks (approved original formula. kind of fruit juice from which it was for the addition of wine spirits) located, produced and the total solids content of equipped, and calibrated as provided in (72 Stat. 1382, 1383, as amended; 26 U.S.C. such juice before and after concentra­ Subpart F of this part. The proprietor 5373, 5382) tion. In addition, if the concentrated will accurately measure the wine, deter­ P ar. 24. In the order to provide that the fruit juice is received from a concentrate mine its alcohol content, the proof of the acid content of ameliorated wine shall plant, the certificate shall also state wine spirits to be added, calculate the be determined as before fermentation, whether the volatile fruit flavor has been quantity of wine spirits required (in ac­ the fourth sentence of § 240.407 is removed therefrom, and, if so, whether amended to read as follows: the identical fruit flavor has been re­ cordance with instructions in Subpart stored thereto. Where unconcentrated XX of this part), and enter the details § 240.407 Limitations on amelioration. fruit juice, processed at a concentrate on Form 275. The alcohol content of the * * * The acid content shall be de­ plant, is received on bonded wine cellar wine after the addition of wine spirits termined as before fermentation, and premises, the proprietor shall procure shall not exceed 24 percent by volume. calculated as malic acid for apple wine

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9444 PROPOSED RULE MAKING and as citric acid for other fruit section: Provided, That the minimum 60 (b) Heavy bodied blending wine, pro­ wine. * * • degrees (Brix) limitation contained in duced as provided in § 240.484; §§ 240.40a and 240.40b, and in this sec­ (c) Spanish type blending sherry, Par. 25. Section 240.441 is amended tion, shall not apply to such materials produced as provided in § 240.485; to provide for riders to formulas and to used in the manufacture of vermouth. (d) Wine products not for beverage make minor editorial changes. As Where vermouth is produced under this use, produced as provided in § 240.485a; amended, § 240.441 reads as follows: section the finished product shall con­ (e) Distilling material, produced as § 240.441 Formula required. tain not less than 80 percent by volume provided in § 240.486; (a) General. Before producing any of natural wine. Heavy bodied blending (f) Vinegar stock, produced as pro­ special natural wine, the proprietor shall wine (including juice or concentrated vided in § 240.487; receive approval of the formula by which juice to which wine spirits have been (g) Wines other than those in classes it is to be made. The formula and process added) may be used in the production listed in paragraphs (a), (b), (c), (d), will be described on Form 698—Supple­ of special natural wine if its use is spec­ (e), and (f) of this section, not produced mental, which will be filed in triplicate ified in the formula. Special natural within the limitations of Subparts P, Q, with the Director. Two %-quart samples wine may be made in storage tanks. and T of this part, but within limitations of the base wine used and two %-quart Precautions shall be taken to prevent of § 240.352; and samples of the finished special natural the accidental flavoring of other wine. (h) Spoiled wine, of the kind described wine shall be submitted under separate (72 stat. 1386; 26 U.S.C. 5386) in § 240.489. cover at the time of filing the formula. Wines of classes listed in paragraphs The samples will be taken to be repre­ § 240.447 [Amended] (a), (b), (c), (d), (e), and (f) of this sentative of the finished product, and P ar. 27. Section 240.447 is amended by section may be produced, stored, and any material change in the flavor or deleting “Director, Alcohol and Tobacco handled on standard wine premises. other characteristics from those of the Tax Division, Internal Revenue Service, Wines of the class listed in paragraph approved sample will require the filing Washington 25 D.C.,”, “Director, Alco­ (g) of this section may not be produced, of a new formula, even though the in­ hol and Tobacco Tax Division, Internal stored, or handled on standard wine gredients may be the same. All ingredi­ Revenue Service, Washington 25 D.C.”, premises. Wine of the class listed in ents used will be shown on Form 698— and “Director, Alcohol and Tobacco Tax paragraph (h) of this section may not Supplemental, and in the case of the Division,” from the first, second, and remain on standard wine premises, ex­ basic wine, fruit juices, essences, sugar, seventh sentences, respectively, and by cept as provided in § 240.489. inserting in lieu thereof the terms water, or other soluble ingredients, the (72 Stat. 1381; 26 U.S.C. 5364) quantities required to make 1,000 gal­ “Director”, “Director.”, and “Director”, lons of special natural wine will be respectively. P ar. 30. Section 240.482 is amended stated. In the case of roots, herbs, or P ar. 28. Section 240.465 is amended to to provide for riders to formulas and to similar materials, the quantity need not provide for riders to formulas and to make minor editorial changes. As be stated, but each ingredient will be make minor editorial changes. As amended, § 240.482 reads as follows: listed. The process of production will be amended, § 240.465 reads as follows: § 240.482 Formula required. stated in detail. § 240.465 Formula required. (b) Change in formula. The addition (a) General. Each proprietor desir­ or elimination of ingredients, changes (a) General. Before producing any ing to produce wine other than standard in quantities used, and changes in the agricultural wine, the proprietor of the wine shall first procure approval of the process of production are permissible bonded wine cellar shall procure ap­ formula by which it is to be made, ex­ only after approval of a new Form 698— proval of the formula and process by cept that no formula is required for dis­ Supplemental: Provided, That where a which it is to be made. The formula and tilling material or vinegar stock. The change in the quantity of ingredients or process will be described in detail on formula will be filed on Form 698— in the process of production does not Form 698—Supplemental which will be Supplemental, in triplicate, with the Di­ alter the character of the product, the filed in triplicate with the Director. rector. Where the proprietor has on file change may be accomplished by filing a (b) Change in formula. The addition on the effective date of this part ap­ rider to the formula with, and obtain­ or elimination of ingredients, changes in proved formulas covering the produc­ ing approval from, the Director. The quantities used, and changes in the proc­ tion of high fermentation wine, heavy rider shall be filed in triplicate, shall ess of production are permissible only bodied blending wine, or Spanish type identify the original formula by number, after approval of a new Form 698—Sup­ blending sherry, new formulas need not date of approval, name of the product, plemental: Provided, That where a be filed unless requested by the assistant and by name and number of the wine change in the quantity of ingredients or regional commissioner. cellar, shall specify the quantity of the in the process of production does not (b) Change in formula. The addition ingredients or the change in process, and alter the character of a product, the or elimination of ingredients, changes shall be signed and processed in the same change may be accomplished by filing in quantities used, and changes in the manner as the original formula. a rider to the formula with, and obtain­ process of production are permissible ing approval from, the Director. The only after approval of a new Form 698— (72 Stat. 1386; 26 U.S.C. 5386) rider shall be filed in triplicate, shall Supplemental: Provided, That where a Par. 26. Section 240.444 is amended identify the original formula by num­ change in the quantity of ingredients or to delete the one-day restriction on the ber, date of approval, name of product, in the process of production does not use of storage tanks in the production and by name and number of the wine alter the character of a product, the of special natural wine. As amended, cellar, shall specify the quantity of the change may be accomplished by filing a § 240.444 reads as follows: ingredients or the change in process, rider to the formula with, and obtaining § 240.444 Use of natural wine in produc­ and shall be signed and processed in the approval from, the Director. The rider tion of special natural wine. same manner as the original formula. shall be filed in triplicate, shall identify (72 Stat. 1386; 26 U.S.C. 5387) the original formula by number, date If flavoring materials are not to be of approval, name of the product, and added before or during fermentation, as P ar. 29. Section 240.481 is amended to by name and number of the wine cellar, provided in § 240.443, they may be added make minor conforming and editorial shall specify the quantity of the ingre­ only to natural wine for the production changes. As amended, § 240.481 reads as dients or the change in process, and of special natural wine. Any natural follows: shall be signed and processed in the wine produced as provided in Subparts same manner as the original formula. P and Q of this part may be used for § 240.481 Classes of wine other than this purpose. Caramel, pure dry sugar, standard wine. P ar. 31. Sections 240.484 and 240.485 liquid sugar, or invert sugar syrup, or The following classes of wine are not are amended to specifically provide for pure dry sugar-water solution of not less standard wine: the transfer in bond of heavy bodied than 60 degrees (Brix) may be used in (a) High fermentation wine, produced blending wine and Spanish type blend­ special natural wine made under this as provided in § 240.483; ing sherry, respectively, and § 240.485

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9445 is further amended to provide require­ on Form 698—Supplemental filed in be used in preparing a finishing dos­ ments for the marking of shipping con­ accordance with the provisions of age for sparkling wine or carbonated tainers, to delete provisions relating to § 240.482. Wine products produced under wine. The fruit syrup, wine spirits and production of other wine products not this section may be stored and handled wine so used shall come from the same for beverage use, and to make minor on, and transferred in bond between, kind of fruit as the wine from which editorial changes. As amended, §§ 240.484 bonded wine cellar premises. Each con­ the sparkling wine or carbonated wine and 240.485 read as follows: tainer used to remove such wine products is made. In the production of effer­ § 240.484 Heavy bodied blending wine. from bond shall be marked in accordance vescent natural wine, taxpaid wine spir­ with the provisions of § 240.562 and with its or wine spirits withdrawn tax-free Wine made from grapes or other fruit the legend “Not for Sale or Consump­ under the provisions of Subpart PP, may without added sugar, and with or with­ tion as Beverage Wine.” A separate be used. Tax-free wine spirits may not be out added wine spirits, may be made for record shall be kept of wine products used in the production of effervescent blending purposes with a total solids produced under this section showing the wine which is not natural wine. In the content in excess of 21 percent. Heavy quantity produced, received, used, refermentation and finishing of the ef­ bodied blending wine is not natural wine shipped, and on hand. fervescent wine, the materials specifically or standard wine, but may be produced, (72 Stat. 1380; 26 U.S.C. 5361) authorized in § 240.1054 may be used. stored, and handled on, or transferred (72 Stat. 1383, as amended; 26 U.S.C. 5382) in bond between, standard wine premises P a r. 33. Section 240.486 is amended to for use in blending with other wine liberalize provisions relating to the P a r . 35. Section 240.513 is amended to made from the same kind of fruit, or transfer of lees, filter wash, and other provide for riders to formulas and to for removal upon payment of tax, not wine residues, to the distilling material make minor editorial changes. As for sale or consumption as beverage account. As amended, § 240.486 reads as amended, § 240.513 reads as follows: follows: wine. A separate record shall be kept § 240.513 Statement of process for ef­ showing the quantities of heavy bodied § 240.486 D istilling material. fervescent wine. blending wine produced, received, used, shipped, and on hand. Upon removal, Wine may be produced on bonded wine (a) General. Each proprietor intend­ the shipping containers (and Form 703, cellar premises from grapes and other ing to produce sparkling wine or artifi­ if in bond) will be marked “Heavy fruit, natural fruit products, or fruit cially carbonated wine shall submit to Bodied Blending Wine—Not for Sale or residues, for use as distilling material, the Director a statement in detail on Consumption as Beverage Wine.” using any quantity of water desired to Form 698—Supplemental showing each facilitate fermentation or distillation. process by which he intends to make the (72 Stat. 1380, 1381, 1387; 26 U.S.C. 5361, 5364, 5388) No sugar may be added in the production product and giving the designation as to of distilling material. Distillates con­ kind (class and type) under which he de­ § 240.485 Spanish type blending sherry. taining aldehydes may be used in the sires to market it. The statement shall set Blending wine made with partially fermentation of wine to be used as dis­ forth whether the product will be natu­ caramelized grape concentrate may be tilling material as provided in §§ 240.490 rally or artificially carbonated, and if produced, stored, and handled on, or and 240.491 and Subpart YY of this part. naturally carbonated, whether it will be transferred in bond between, bonded Distilling material will be reported as carbonated in bottles or in tanks or other wine cellar premises, but not for sale produced at the time of removal from bulk containers, the kind of wine to be or consumption as beverage wine. Wine fermenting tanks. Lees, filter wash, and used, and any other materials to be used of a high solids content and dark in . other wine residues, may also be accumu­ in connection with secondary fermenta­ color, produced under this section, shall lated on bonded wine cellar premises for tion, cellar treatment, and finishing of be designated “Spanish Type Blending use as distilling material. Such materials the product. The approximate period of will be reported as wine on Form 702 time required to complete production Sherry,” and other wine containing until transferred to the distilling caramelized concentrate shall be desig­ shall also be stated. If more than one material account. If water is added to process is to be employed, or more than nated “Caramelized Blending Wine.” facilitate handling or distillation, the The particular kind of wine, such as one product is to be made, a separate entire quantity, including the water, will statement shall be filed for each process “sherry,” may be shown, if desired. A be transferred to the distilling material separate record showing the production and for each product. Each statement of account at the time the water is added. process shall bear the name, registry and disposition of such blending wine If wine is refermented for use as distill­ shall be maintained. Upon removal, the number, and address of the bonded wine ing material as provided in Subpart V cellar, shall be numbered in serial order shipping containers (and Form 703, if of this part, the wine will be transferred in bond) shall be marked with the ap­ beginning with “1” for each bonded wine to the distilling material account at cellar, shall be filed in triplicate, and be plicable designation and the legend “Not the time fermentation is started, or for Sale or Consumption as Beverage approved by the Director, before com­ when water is added to facilitate mencing manufacture. Where the pro­ Wine.” Blending wine of this class is refermentation. not natural wine or standard wine, and prietor has on file on the effective date (72 Stat. 1380, 1381, 1382; 26 U.S.C. 5361. of this part approved formulas covering may not be blended with natural wine 5364) or standard wine except under an ap­ production of effervescent wine, new formulas need not be filed unless re­ P a r. 34. Section 240.512 is amended to proved formula in the further produc­ quested by the assistant regional tion of this class of blending wine. specifically provide for the use of liquid commissioner. (72 Stat. 1380, 1381, 1387; 26 U.S.C. 5361 sugar in the production of sparkling 5364,5388) wine, and to make a minor editorial (b) Change in formula. The addition change. As amended, § 240.512 reads as or elimination of ingredients, changes P ar. 32. A new section, § 240.485a, is follows: in quantities used, and changes in the added, immediately following § 240.485, process of production are permissible to provide requirements respecting wine’ § 240.512 Process and materials. only after approval of a new Form 698— products not for beverage use. As added, In preparing still wine for the produc­ Supplemental: Provided, That where a § 240.485a reads as follows: tion of sparkling wine, pure sugar or a change in the quantity of ingredients or § 240.485a Wine products not for bev­ solution of pure sugar and water of not in the process of production does not erage use. less than 60° Brix, and a small amount alter the character of a product, the of tartaric acid, malic acid (for sparkling In addition to wine products produced apple wine), or citric acid, may be added change may be accomplished by filing a under §§ 240.484 and 240.485, wine with yeast or yeast culture to facilitate rider to the formula with, and obtaining products subject to tax as wine but not the process of secondary fermentation or approval from, the Director. The rider for sale or consumption as beverage wine to correct the wine. Fruit syrup, pure shall be filed in triplicate, shall Identify may be made on bonded wine cellar sugar, a solution of pure sugar and water the original formula by number, date of premises from natural wine for non­ of not less than 60° Brix, wine, wine beverage purposes pursuant to formula approval, name of the product, and by spirits, and the acids named above, may name and number of the wine cellar,

No. in -5 FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9446 PROPOSED RULE MAKING shall specify the quantity of the ingredi­ records shall show (a) by appropriate § 240.542 Registration, Form 1541. ents or the change in process, and shall description or symbol, the batch identi­ Every person (other than the operator be signed and processed in the same man­ fication of the wine; (b) the kind and of a bonded wine cellar) coming within ner as the original formula. quantity of the wine in each batch; and the statutory exemption and desiring to (72 Stat. 1383, as amended, 1387; 26 U.S.O. (c) the results of the individual tests of produce wine for the exclusive use of his 5382, 5387) carbon dioxide contents made with re­ family, shall file Form 1541 in accord­ spect to each such batch. Unless the P ar. 36. Section 240.520 is amended to ance with the instructions on the form. proprietor has filed, in duplicate, a letter Upon production of the wine, the regis­ make a minor conforming change. As application with, and received approval amended, § 240.520 reads as follows: trant will enter the quantity produced from, the assistant regional commis­ and the date of production on the copy of § 240.520 Storage of wine. sioner to .use a code identification on the the form returned to him by the assistant Wine shall be stored in buildings or label of the bottle, he shall mark on each regional commissioner. Such form shall tanks on the ^bonded premises con­ case of wine at the time of filling (1) be retained at the place of production structed and secured in accordance with the date of filling, and (2) the batch while the wine produced pursuant there­ the provisions of §§ 240.140 and 240.160. identification of the wine. The method of to remains on hand. A new form shall be Wine may be stored in tanks, casks, bar­ marking the label or case shall'be stated submitted each succeeding year during rels, cased or uncased bottles, or any in the proprietor’s notice under § 240.532. which it is desired to produce wine for other suitable receptacles, which will not (72 Stat. 1381; 26 U.S.C. 5367) family use, the year to be reckoned as contaminate the wine. commencing on July 1 and ending P ar. 38. Section 240.537 is amended June 30 following. Par. 37. Sections 240.525 and 240.534 to make a conforming technical change. are amended to specify the type and As amended, § 240.537 reads as follows: (72 Stat. 1331; 26 U.S.C. 5042) number of copies of certain required § 240.537 Application. P ar. 41. Section 240.550 is amended applications. As amended, §§ 240.525 and to specify the type and number of copies 240.534 read as follows: Where a proprietor desires to reduce of certain required applications. As the acid content of wine below 5 parts per amended, § 240.550 reads as follows: § 240.525 Use of tannin. thousand, other than as authorized in When fining agents, such as gelatin § 240.1051, he shall file mi application § 240.550 Discontinuance of experi­ and isinglass, which require the presence with the assistant regional commissioner. mental wine operations. of a certain amount of tannin in grape The application shall be filed in letter When an institution discontinues ex­ wine in order to work effectively, are form in triplicate. The application shall perimental wine operations, all wine used for clarification of grape wine, and contain the following information: spirits must be disposed of either by their the wine to be clarified does not contain (a) Name, address, and registry num­ destruction or shipment to premises au­ sufficient tannin to permit the fining ber of the proprietor; thorized to receive them. Prior to de­ agents to precipitate completely, a small (b) Statement of process or method struction or shipment, a letter applica­ amount of tannin may be added to the to be used in effecting the acid reduction; tion, in duplicate, shall be filed with the grape wine for the purpose of assisting (c) Gallons of wine to be treated; and assistant regional commissioner, and the fining agents. Tannin may also be (d) Kind of wine to be treated. authorization obtained for such destruc­ added to grape wine after clarification A 1 pint sample of the wine prior to treat­ tion or shipment. When such authorized to the extent necessary to raise the tan­ ment shall be submitted by the proprie­ disposition of wine and wine spirits has nin content of the wine to that nor­ tor direct to the regional laboratory at been completed a letter of notification mally contained therein: Provided, That the same time the application is filed. will be sent to the assistant regional white wines in which tannin is uSed shall The sample will be labeled and marked commissioner. not contain more than 0.08 gram of in a manner that it may be readily iden­ (72 Stat. 1331; 26 U.S.C. 5042) tannin. per 100 ml. after clarification, tified. The proprietor shall not proceed and red grape wine in which tannin is to reduce the acid content of the wine P ar. 42. Sections 240.562 and 240.564 used shall not contain more than 0.3 until he receives approval of the appli­ are amended to provide that cases may gram of tannin per 100 ml. after clari­ cation by the assistant regional com­ be marked to show the number and size fication, unless the assistant regional missioner. ^ of bottles in each case in lieu of, or in commissioner authorizes a higher tannin addition to, showing wine gallons. As content, pursuant to a letter application, (72 Stat. 1383, as amended; 26 U.S.C. 5382) amended, §§ 240.562 and 240.564 read in duplicate, in which the necessity for P ar. 39. Section 240.540 is amended to as follows: a higher tannin content is shown by the include the recognized rule for deter­ § 240.562 Marks. proprietor. Only tannin of a yellowish mining whether a person is the head of a white or very light brown color, which family for the purposes of production of Each cask, barrel, keg, tank, tank does not color the wine, may be used in tax-free wine for family use. As amended, truck, railroad tank car, or oase, or other the cellar treatment of wine. The rec­ § 240.540 reads as follows: approved container, used to remove wine ords required by § 240.918 will be kept shall be marked in a plain and durable covering the use of tannin. § 240.540 Registered producer. manner with (a) the serial number, or (72 Stat. 1383, as amended; 26 U.S.C. 5382) A duly registered head of any family the alternate marks in lieu of the serial may produce annually for family use, numbers as provided in § 240.561, or (if § 240.534 Test and records of carbon and not for sale, not in excess of 200 recased in the taxpaid room) with the dioxide in still wine. gallons of wine without payment of tax. marks authorized in § 240,561 in lieu of The carbon dioxide contained in wines A person is deemed to be the head of a the serial number, (b) the name of the shall be determined in accordance with family only if he exercises family control proprietor and the registry number and authorized test procedures announced or responsibility over one or more indi­ location (by State, or city or town and by the Director. For purposes of this viduals closely connected with him by State) of the wine cellar, (c) the kind section, each proprietor bottling still blood relationship, relationship by mar­ (class and type) and the alcohol con­ wine containing carbon dioxide shall riage, or by adoption, and who are living tent of the wine, (d) the contents of the keep commercial records showing each with him in one household. This exemp­ container in wine gallons, except that item (that is, wine of the same class and tion does not authorize the production of where wine is removed in cases, the type bottled under the same brand or wine for such use contrary to State law. cases may be marked to show the number and size of bottles in each case, and (e) label) bottled each day. A single day’s (72 Stat. 1331; 26 U.S.C. 5042) bottling of the same item shall be con­ except for cases, the date of removal or sidered a single batch, unless the pro­ Par. 40. Section 240.542 is amended shipment. The kind of wine shall be prietor desires to divide such a day’s to specify the retention period for Forms stated in accordance with 27 CFR Part bottling of each item into two or more 1541. As amended, § 240.542 reads as 4. The formula number shall be marked batches. The proprietor’s commercial follows: on bulk containers of special natural

FEDERAL REGISTER, VO L 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9447 wine. When wine is packed or bottled (d) The net contents of the bottle,before wine is so returned, file a consent under an authorized trade name other unless displayed on the bottle as pro­ of surety with the assistant regional com­ than that under which the bonded wine vided in 27 CFR 4.37(d). missioner to extend the terms of his bond cellar is operated, such trade name may ***** to cover the tax on the quantity of wine be marked on the shipping container as (72 Stat. 1381,1407; 26 U.S.C. 5368, 5662) originally transferred in bond. Such con­ the name of the proprietor as authorized sent shall contain a statement of purpose in § 240.192. These marks may be cut, P ar. 45. Section 240.614 is amended to as follows: provide that a consignor prepare one ad­ printed, or otherwise legibly and durably To extend the terms of said bond (includ­ marked upon the container, or placed ditional copy of Form 703 which he will ing all extensions or limitations of terms and upon a label or tag securely affixed to retain for his files. As amended, § 240.614 conditions previously consented to and ap­ the container. The marks shall be placed reads as follows: proved) to cover the internal revenue tax on upon the head of the package, or the § 240.614 Preparation and handling of the quantity of wine shipped in bond from Form 703. the principal’s bonded wine cellar when, side of the case, or on the prescribed under the provisions of 26 CFR Part 240, route board attached to the tank truck, Where shipments are made to other such shipment is returned to and received tank car, tank ship, barge, or deep tank premises in the same region, the pro­ at said wine cellar. of a vessel, where they may be readily prietor will prepare four copies of Form The consignor will cancel the covering examined by internal revenue officers: 703 and, on the date of shipment, forward Provided, That the serial number, or the Form 703 and will notify all persons who one copy to the assistant regional com­ received copies thereof that the wine was alternate marks in lieu of a serial num­ missioner of his region, and two eopies ber, may be placed on a side other than returned to him and the reasons therefor. to the consignee and retain the remain­ The consignor will record in his -daily the Government side as described in ing copy for his files. Upon receipt of the § 240.564 where such other side bears records and on Form 702 the receipt of shipment the consignee will note on both the wine returned, showing as received no marks in conflict with such serial copies of the form any loss in transit or number or alternate marks. the actual quantity of wine originally other discrepancy, sign the form, retain shipped. (72 Stat. 1381, 1387,1407; 26 U.S.C. 5368, 5388, one copy, and forward one copy to the 5662) assistant regional commissioner before P ar. 48. Section 240.652 is amended to the close of the following business day. delete the phrase “in triplicate” from the § 240.564 Other marks. When wine is shipped in bond to premises first sentence. As amended, § 240.652 The head of the package, or the side of in another region, the consignor will pre­ reads as follows: the case, bearing the prescribed marks pare five copies of Form 703, and, on the § 240.652 Consent o f surety. * shall be known as the “Government date of shipment, forward one copy to Head,” and “Government Side,” respec­ the assistant regional commissioner of The required consent of surety, Form tively, and shall contain no other marks his region, one copy to the assistant re­ 1533, shall be filed with the assistant except those authorized or required by gional commissioner of the region to regional commissioner. Upon approval Federal law or regulations: Provided, which the wine is shipped, and two copies of the consent of surety, removals may That the name and address of the con­ to the consignee, and retain the remain­ be made thereunder from time to time. signee, brand name, bottle label, and ing copy for his files. Upon receipt of the The reporting of such removals on Form other related data, including identifying shipment the consignee will note on the 703 shall be in accordance with §§ 240.613 marks such as lot numbers, which do not form any loss in transit or other dis­ to 240.616. conflict with or detract from the pre­ crepancy, sign the form, retain one copy, (72 Stat. 1380; 26 U.S.C. 5362) scribed marks, may be shown on the Gov­ and forward one copy to the assistant ernment head or side of the container. regional commissioner of his region. P ar. 49. Paragraph (c) of § 240.657 is amended to provide the complete (72 Stat. 1381; 26 U.S.C. 5368) (72 Stat. 1380; 26 U.S.C. 5362) method for calculating the quantity of P ar. 43. Section 240.567 is amended to Par. 46. Section 240.618 is amended to vinegar produced. As amended, para­ make a minor conforming change. As change the word “division” at the end of graph (c) reads as follows: amended, § 240.567 reads as follows: the first sentence, to “diversion”. As § 240.657 Vinegar plant records. § 240.567 Fractional parts of gallons. amended, § 240.618 reads as follows: ***** The wine gallon content of tank cars, § 240.618 Reconsignment by consignor. (c) The quantity of vinegar produced, tank trucks, tank ships, barges, or deep When the consignor desires to recon­ and the date of production. (This quan­ tanks of vessels, will be marked on the sign a shipment of wines, he will obtain tity will be reported on a 100-grain containers in whole gallons. The wine the approval of the assistant regional strength basis and will be determined gallon content of casks, barrels, kegs, commissioner of the consignor region, by multiplying the wine gallons of vine­ cases (if so marked), or demijohns, will then prepare new Form 703 and attach gar produced by the grain strength be marked on the containers in gallons thereto a notice of diversion. The sub­ thereof and dividing the result by 100); and tenths of gallons. Where markings stitute consignee is liable for the tax on and are in whole gallons, fractions of a all losses sustained in shipment, and shall ***** gallon will be converted to the nearest file a consent of surety with the assistant P ar. 50. Section 240.660 is amended to gallon, and five-tenths gallon will be regional commissioner of his region, in specify the number of copies required converted to the next full gallon. Simi­ accordance with § 240.231, extending the of the prescribed application. As amend­ larly, where markings are in tenths of terms of his bond to cover such losses. ed, § 240.660 reads as follows: gallons, fractions less than one-tenth (72 Stat. 1380; 26 U.S.C. 5362) will be converted to the nearest one- § 240.660 Application for removal. tenth gallon, and five-hundredth gallon P ar. 47. A new section, § 240.620, is The proprietor of a bonded wine cellar will be converted to the next full one- added, immediately following §240.619, to desiring to remove still wine which has tenth gallon. Contents of bottles will be provide for the return to the consignor of acetified and contains not less than 4 per­ stated on the bottle labels in the manner a leaking tank car or tank truck contain­ cent of acetic acid by volume will make prescribed by 27 CFR Part 4. ing wine being transferred in bond. As letter application, in duplicate, to the (72 Stat. 1331,1381; 26 U.S.C. 5041, 5368) added, § 240.620 reads as follows: assistant regional commissioner for each § 240.620 Return to consignor. lot to be removed, showing the quan­ P ar. 44. Paragraph (d) of § 240.579 is tity and the acetic acid content. If the amended to make a minor editorial A tank car or tank truck containing application is approved, the soured wine change. As amended, paragraph (d) wine being transferred in bond may, as may be removed as vinegar. reads as follows: provided in this section, be returned to P ar. 51. Section 240.741 is amended to § 240.579 Labeling bottled wine. the consignor in order to avoid an ex­ delete the requirement that the name * * • • * cessive loss of wine. The consignor shall, and address of the laboratory to which

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9448 PROPOSED RULE MAKING wine samples are to be sent be shown may Tie returned to any bonded wine able taxpaid wine may impose an undue in the application for removal of such cellar premises for reconditioning or hardship on the proprietor, the assistant samples. As amended, § 240.741 reads destruction and the tax paid on such regional commissioner may, on request as follows: wine may, when the wine is returned to by the proprietor, permit disposition of bond, be refunded or credited in accord­ such wine without regard to the time § 240.741 Application. ance with the provisions of this subpart: otherwise provided in this section. This A proprietor desiring to remove sam­ Provided, That no refund or credit of notice shall contain, as applicable, the ples of wine for analysis or testing by tax may be given under the provisions following information: a laboratory shall make application, in of this subpart in respect of any tax * * * * * duplicate, to the assistant regional com­ paid on unmerchantable U.S. wine which (72 Stat. 1332, 1380; 26 U.S.C. 5044, 5361) missioner. The application may be for is returned to bond for reconditioning the taking of samples from a specified and removal without retaxpayment or P ar. 56. Section 240.806 is amended to lot or lots of wine, or it may be for for which a claim has been or will be delete the reference to the number of continuing authority. The size of each made under the provisions of Subpart O copies of Form 2635. As amended, § 240.- sample should be limited to 1 quart from of Part 170 of this chapter. 806 reads as follows: each lot to be analyzed or tested, unless (72 Stat. 1332, 1380; 26 U.S.C. 5044, 5361) § 240.806 Claim for allowance of credit the necessity for a larger quantity is for tax. established. The application shall state P ar. 54. Section 240.801 is amended to the number of samples to be taken, the provide for the marking of each lot of A proprietor may file with the assistant size thereof, the kind or kinds of wine, unmerchantable wine returned to bond. regional commissioner a claim on Form and the frequency with which the sam­ As amended, § 240.801 reads as follows: 2635 for allowance of credit for the tax ples will be taken. If the application is paid on unmerchantable taxpaid U.S. approved, the assistant regional com­ § 240.801 Receipt. wine returned to bond. Such claim shall missioner will retain one copy, and re­ The unmerchantable taxpaid wine not be filed for a quantity on which credit turn the other to the proprietor. shall be received and retained off the of tax would be in amount of less than bonded premises, or in the taxpaid room $10: Provided, That, as to any return (72 Stat. 1380; 26 U.S.C. 5362) on the bonded premises; such wine, wine on which the 6-month period for Par. 52. Section 240.783 is amended to pending its disposition, shall be com­ filing a claim will expire, a claim for provide that semiannual inventories of pletely segregated from dll other wine, allowance of tax on a lesser quantity of untaxpaid wine be taken as of the close be identified as returned wine, and be wine may be filed. Any such claim shall of business June 30 and December 31. accessible for inspection by internal rev­ be executed by. the proprietor under pen­ As amended, § 240.783 reads as follows: enue officers until it is transferred to alties of perjury. The proprietor shall the general bonded area. A record of the state in the body of the claim that the § 240.783 Losses during fiscal year. wine received shall be maintained in wine covered by the claim was returned Losses on bonded wine cellar premises accordance with § 240.921. Each lot of to bond and so recorded on the records during the fiscal year, beginning July 1 wine returned must be marked or identi­ required by this part. A copy of each and ending June 30, will be entered on fied so that it may readily be associated notice filed under § 240.802, covering monthly report, Form 702, as the extent with credit memoranda or similar papers wine for which the claim is filed, shall be thereof is determined. The proprietor covering return of the wine. attached to the claim. When allowance shall take actual inventory of all un­ of the credit or any part thereof is made taxpaid wine on hand in the bonded (72 Stat. 1332, 1380; 26 U.S.C. 5044, 5361) by the assistant regional commissioner, wine cellar as of the close of business Par. 55. The first sentence of § 240.802 the proprietor shall make a proper ad­ June 30 and December 31 of each year. is amended to provide that a notice of in­ justing entry and explanatory statement The inventories will be reported on Form tention to transfer unmerchantable wine in the next subsequent wine tax return 702-C, as required by § 240.903, and to bonded premises be filed in triplicate. (or returns) to the extent necessary to losses disclosed by the inventories will be As amended, § 240.802 reads as follows: exhaust the credit. reported on Form 702 for the months of § 240.802 Transfer of unmerchantable (72 Stat. 1332; 26 U.S.C. 5044) June and December. No claim for allow­ taxpaid wine to general bonded ance of loss will be required for losses premises. P ar. 57. Section 240.822 is amended to in production or storage provided (a) delete the requirement that the approxi­ there are no circumstances indicating When the proprietor intends to trans­ mate desired date of receipt of wine that the wine reported lost, or any part fer unmerchantable taxpaid wine spirits be shown on Form 257, and to con­ thereof, was unlawfully removed, and (United States or foreign) to the general form the provisions to those of § 240.825. (b) the loss did not exceed 3 percent of bonded area after receipt thereof, he As amended, § 240.822 reads as follows: the aggregate quantity of wine on hand shall give written notice of his intention, in triplicate, to the assistant regional § 240.822 Application, Form 257. at the beginning of the fiscal year and commissioner or to an officer designated Where it is desired to withdraw wine received in bond during the fiscal year, by him: Provided, That such notice may spirits for use in wine production, from 6 percent of the still wine produced by be submitted directly to an internal reve­ the bonded premises of a distilled spirits fermentation, 6 percent of the sparkling nue officer at the bonded wine cellar. plant, application will be made by the wine produced by fermentation in bot­ Each notice shall be serially numbered proprietor on Form 257. The proprietor tles, 3 percent of the special natural commencing with “1” on January 1 of shall specify in the application whether wine produced under § 240.444, 3 percent each year. Separate notices shall be given the wine spirits are to be withdrawn in of the artificially carbonated wine pro­ for United States and foreign wines. The packages, railroad tank cars, tank trucks, duced, and 3 percent of the bulk process notice shall, except as otherwise provided or by pipeline. The same application may sparkling wine produced, at the bonded in this section, specify the date on which not include wine spirits from more than wine cellar during the fiscal year. the proprietor intends to effect the trans­ one distilled spirits plant, nor two or (72 Stat. 1381; 26 U.S.C. 5370) fer, which shall not be less than 10 days more lots to be removed from the same P ar. 53. Section 240.800 is amended to from the date of mailing or otherwise bonded premises of a distilled spirits clarify provisions relating to the return furnishing the notice to the assistant plant at different times, except as pro­ of unmerchantable wine to bond. As regional commissioner or designated offi­ vided in § 240.825. amended, § 240.800 reads as follows: cer. Where the notice is given to an in­ (72 Stat. 1382; 26 U.S.C. 5373) ternal revenue officer at the bonded wine § 240.800 General. cellar, such officer may, without regard P ar. 58. Section 240.824 and its heading Taxpaid unmerchantable foreign wine to the time otherwise provided in this are amended to provide for the deposit may be received on bonded wine cellar section, supervise the transaction or of wine spirits into a wine spirits addition premises for reconditioning and removal transmit the notice to the assistant tank directly from a tank car or tank without retaxpayment, or for destruc­ regional commissioner. Where it appears truck, under certain conditions. As tion. Taxpaid unmerchantable U.S. wine that delay in disposing of unmerchant­ amended, § 240.824 reads as follows:

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9449

§ 240.824 Deposit of wine spirits. amended to make minor technical use for the month and at any other time On receipt of the wine spirits at the changes. As amended, §§ 240.830 and required by the assistant regional com­ bonded wine cellar they will be deposited 240.832 read as follows: missioner or a designated internal reve­ in the wine spirits storage room or tank, § 240.830 General. nue officer. Any losses which have not or in a wine spirits addition tank in which previously been reported will be deter­ is contained the wine to which the wine Wine spirits may be withdrawn in rail­ mined by the inventory. Where a loss is spirits are to be added. If an internal road tank cars (where receiving premises discovered requiring ’idling of a claim as revenue officer is not assigned to the have suitable railroad siding facilities) provided in § 240.855, the proprietor will bonded wine cellar, the proprietor will on and tank trucks, provided appropriate gauge the contents of the container from receipt of the wine spirits request the as­ weighing tanks or tanks suitable for which the loss occurred and prepare a sistant regional commissioner or desig­ measuring the spirits are provided in the report of gauge on Form 2629, accom­ nated officer to detail an officer to bonded wine cellar, or the wine spirits panied by Form 2630 if the loss was from supervise the deposit or immediate use. are transferred in accurately calibrated packages, in quadruplicate. Three copies tank cars or tank trucks with calibration of Form 2629 and Form 2630, if any, will (72 Stat. 1382; 26 U.S.C. 5373) charts available at the wine cellar, and a be delivered to the internal revenue of­ Par. 59. Section 240.825 and its heading wine spirits storage tank (or tanks) or ficer at the premises. are amended to provide for the annual wine spirits addition tank (or tanks) of (72 Stat. 1323; 26 U.S.C. 5008) filing of Form 257. As amended, § 240.825 sufficient capacity is provided on bonded reads as follows: wine cellar premises. Pipelines for trans­ P ar. 63. Section 240.902 is amended to fer of wine spirits from the tank car or clarify the instructions for preparing § 240.825 Annual withdrawals. tank truck to the tank on the bonded Form 2052. As amended, § 240.902 reads (a) Contiguous premises. If the dis­ wine cellar premises shall be provided in as follows: tilled spirits plant and the wine cellar accordance with § 240.169. § 240.902 Form 2052. are located on contiguous premises and (72 Stat. 1360, 1362, 1382; 26 U.S.O. 5206, wine spirits are to be transferred to the 5214, 5373) When the proprietor is required to pre­ bonded wine cellar from time to time, pay tax, as provided in §§ 240.594 and under supervision of an internal revenue § 240.832 Examination of tank car or 240.595, he shall first prepare Form 2052, officer, the proprietor’s application on tank truck upon arrival at wine in quadruplicate, in amount sufficient to Form 257 may cover all wine spirits to be cellar. cover the tax on the quantity of wine transferred to the wine cellar during the Upon arrival of the tank car or tank proposed to be removed that day. The calendar year. However, if the bond of truck at the bonded wine cellar, the seals original and two copies of Form 2052 the proprietor is not in the maximum will not be broken nor will any wine shall be delivered to the district director penal sum, the proprietor shall specify spirits be removed except in the presence of internal revenue or deposited in the on Form 257 the maximum quantity of of the internal revenue officer, who will U.S. mail properly addressed to him, wine spirits that will be on hand, re­ first carefully examine the car or truck together with a remittance as provided moved from the distilled spirits plant, to see whether the seals are intact and in § 240.594, prior tQ removal of the wine. and unaccounted for, on any one day. whether there is any evidence of loss by At the same time a copy shall be for­ (b) Noncontiguous premises. If the leakage or otherwise. The contents of the warded to the assistant regional com­ distilled spirits plant and the wine cellar tank car or tank truck will be gauged by missioner. Form 2052 will be serially are not located on contiguous premises weight or volume at the time of receipt numbered by the proprietor, commenc­ and the proprietor’s bond is in the maxi­ by the proprietor under the supervision ing with “1” on January 1 of each year. mum penal sum, the proprietor’s applica­ of the internal revenue officer. If the tank Form 2052 shall be executed by the tion on Form 257 may cover all wine car or tank truck has been accurately proprietor under penalties of perjury. spirits to be transferred from the noncon­ calibrated, and the calibration chart is Credit for the amount prepaid on Form tiguous distilled spirits plant to the wine available at the wine cellar, the wine 2052 will be taken on the tax return, cellar during the calendar year. In such spirits may be gauged by volume in the Form 2050, covering all removals for case, a separate Form 257 shall be sub­ tank car or tank truck. In any case where consumption or sale for the period mitted for each noncontiguous distilled a volume gauge is made, the actual meas­ covered by the return. spirits plant from which wine spirits will urements of the spirits in the gauging P ar. 64. Paragraph (a) of § 240.914a is be transferred during the calendar year. tank, tank car, or tank truck, and the amended to delete the requirement for (72 Stat. 1382; 26 U.S.C. 5373) temperature of the spirits, shall be re­ reporting a summary of ameliorating corded on Form 2629. The transfer of the materials on Form 702. As amended, P ar. 60. Section 240.829 and its heading wine spirits from the tank car or tank § 240.914a reads as follows: are amended to conform to the provi­ truck to the wine spirits storage tank, sions of § 240.166. As amended, § 240.829 or wine spirits addition tank, shall be § ,240.914a Record of amelioration. reads as follows: made under the supervision of the in­ (a) General. Each proprietor who § 240.829 Transfer of wine spirits by ternal revenue officer. The label attached ameliorates juice or wine shall-maintain pipeline to wine spirits storage tank. to the tank car or tank truck at the dis­ daily records of such amelioration. Sep­ Where it is desired to transfer wine tilled spirits plant shall be destroyed by arate records shall be kept for each kind spirits by pipeline to bonded wine cellar the proprietor immediately after the car of fruit or berries, including grapes. No premises and store such spirits thereon or truck is emptied. form of record is prescribed, but the prior to ugg, there shall be provided a (72 Stat. 1360, 1362, 1381; 26 U.S.C. 5206, records maintained shall contain all data suitable tank for storing the wine spirits. 5214, 5366) necessary to enable internal revenue of­ ficers to readily ascertain whether the The pipeline from the adjacent bonded P ar. 62. Section 240.854 is amended to premises of the distilled spirits plant limitations on amelioration have been delete the references to obsolete Form complied with. All quantities shall be shall be connected to such tank as pro-, 1520 and insert in lieu thereof references vided in § 240.169. The wine spirits will recorded in gallons, and, where dry sugar to Forms 2629 and 2630. As amended, is used, the quantity shall be determined be transferred under supervision of the § 240.854 reads as follows: internal revenue officer, and if not either by measuring the increase in § 240.854 In wine cellar. volume or by considering that each 13.5 gauged in the bonded premises of the pounds of dry sugar results in a volumet­ distilled spirits plant, shall be gauged by Losses by theft, or from other causes, ric increase of 1 gallon. Each separate weight or volume on the bonded wine in the bonded wine cellar, will be deter­ cellar premises. mined and reported at the time the record shall include the following: (72 Stat. 1382; 26 U.S.C. 5373) losses are discovered. A physical inven­ (1) The quantity of juice (exclusive of tory of wine spirits storage tanks shall pulp) deposited in fermenters. P ar. 61. .Sections 240.830 and 240.832 be taken at the close of the month dur­ (2) For juice from fruit and berries, are amended to conform to the provisions ing which wine spirits are psed in wine other than grapes, the maximum quan­ Of §240.824, and § 240.830 is further production, or upon completion of such tity of pure dry sugar or liquid sugar

FEDERAL REGISTER, VOL. 34, NO. T15— TUESDAY, JUNE 17, 1969 9450 PROPOSED RULE MAKING

authorized for adjustment, as provided P ar. 66. Section 240.943 is amended to P ar. 67. Section 240.979 is amended in § 240.407. provide proprietors 45 days in which to to clarify the instructions respecting the (3) The maximum quantity of ame­ submit a protest to a proposed assess­ use of Table V. As amended, § 240.979 liorating material to which the juice is ment. As amended, § 240.943 reads as reads as follows: entitled, as provided in § 240.366 or follows: § 240.407, as applicable. § 240.979 Instructions. (4) The quantity of ameliorating ma­ § 240.943 Assessment of tax. Section 240.980 (Table V) shows the terials used, including pure dry sugar or If an Investigation or an examination gallons of water required to reduce 1 liquid sugar used for adjustment of the of records discloses that liability for wine gallon of concentrated juice to a desired total solids. tax, distilled spirits tax, rectification tax, degree Brix according to the Brix of the (5) The quantity of ameliorating ma­ or occupational tax has been incurred by concentrated juice and the Brix to terial authorized but not yet used. the proprietor of a bonded winery or a which it is desired to reduce the concen­ Supporting records shall be maintained trated juice. When standard wine is to bonded wine cellar, the assistant regional be produced from concentrated juice, showing the basis for entries and calcu­ commissioner will notify the proprietor lations, including determination of the Table V may be used in calculating the natural fixed acid content and total by letter of the basis and the amount of quantity of water required to reduce the solids content of juice, as applicable. The the proposed assessment in order to concentrate to a degree of Brix author­ records of amelioration shall be main­ afford him an opportunity to submit a ized by § 240.353. tained on the basis of annual accounting protest, with supporting facts, within 45 P ar. 68. Section 240.980 is amended to periods, with each period commencing days, or to request a conference with expand the range of Table V. As amend­ on July 1 of a year and ending on June regard to the tax liability. ed, § 240.980reads as follows: 30 of the following year: Provided, That the record for an accounting period shall § 240.980 Gallons of water required to reduce 1 gallon of concentrated juice to a be continued after June 30, where the desired degree Brix. juice or wine included therein is to be T able V held after that date for completion of Illustratlon-Reduce concentrate from 70° to 20° Brix. Opposite 70 Brix for concentrate and in column 20 Brix is fermentation or amelioration. When the 3.3791, which is the gallons of water required for each gallon of concentrate. amelioration of wine included in the rec­ ord for one accounting period is com­ plete, the record shall be closed and any Brix desired after dilution unused ameliorating material shall not 4 5 6 7 8 9 10 11 be used. Wines included in the records Brix of concentrate for different accounting periods shall Gallons of water required per gallon of concentrate not be mixed with each other until the 40 ...... 10.5993 8.2439 6.6736 5.5520 4.7108 4.0565 3. 5331 3.1048 amelioration of both wines is complete. 41 ...... 10.9413 8.5165 6.8999 5.7453 4.8792 4.2057 3.6668 3.2259 * * * * # 42 ...... 11.2863 8.7914 7.1282 5.9402 5.0491 4.3561 3.8017 3.3481 (72 Stat. 1381, 1385, as amended; 26 U.S.C. 43 ...... 11.6343 9.0688 7.3584 6.1368 5.2205 4. 5079 3.9378 -3.4713 44 ...... 11.9852 9.3484 7.5906 6.3350 5.3933 4.6609 4.0750 3.5956 5367, 5384) 45 ...... 12.3391 9.6305 7.8248 6.6350 5.5677 4.8153 4.2134 3.7209 46 ...... 12.6961 9.9151 8.0610 6.7367 5.7435 4.9710 4.3529 3.8473 P ar. 65. Section 240.922 is amended to 47 ...... 13.0562 10.2020 8.2993 6.9402 5.9208 6.1280 4.4937 3.9748 strengthen and clarify requirements re­ 48...... __ 13.4193 10.4915 8.5396 7.1453 6.0997 5.2864 4.6358 4.1034 specting entries on daily records. As 49 ...... a ...... 13.7856 10.7834 8.7819 7.3523 6.2801 5.4462 4.7790 4.2332 50 ...... 14.1550 11.0779 9.0264 7.5611 6.4621 5.6073 4.9235 4.3640 amended, § 240.922 reads as follows: 51...... :...... 14.5277 11.3749 9.2730 7.7716 6.6456 5.7699 5.0692 4.4960 62...... 14 9035 11.6744 9. 5217 7.9840 6.8308 5.9338 5.2162 4.6291 § 240.922 Time of making entries. 53...... 1...... 15.2826 11.9766 9.7725 8.1982 7.0175 6.0992 5.3645 4.7634 54...... 15.6649 12.2813 10.0256 8.4143 7.2059 6.2660 5.5141 4.8989 All operations and transactions shall 55.. ;...... __..:r...... 16.0506 12.5887 10.2808 8.6323 7.3959 6.4342 5.6649 5.0355 be recorded in daily records or commer­ 56 ...... 16.4396 12.8988 10.5382 8.8521 7.5875 6.6039 5.8171 5.1733 cial papers at the time the operation or 57 ... 16.8320 13.2115 10.7979 9.0738 7.7808 6.7751 5.9706 5.3123 58 ...... 1...... 17.2277 13.5270 11. 0598 9.2975 7.9758 6.9478 6.1254 5.4525 transaction occurs, except that where 59 ..... 17.6269 13.8451 11.3239 9.5231 8.1725 7.1220 6.2816 5.5940 records are posted from work orders or 60...... ^...... 18.0295 14.1660 11. 5904 9.7507 8.3708 7.2977 6.4391 5.7367 from supplemental or auxiliary records 61...... 18.4356 14.4897 11.8592 9.9802 8.6709 7.4749 6.5980 5.8806 62...... 18.8452 14.8162 12.1303 10.2117 8.7728 7.6536 6.7583 6.0257 of individual operations or transactions 63...... _____ 19.2584 15.1456 12.4037 10.4452 8.9764 7.8339 6.9200 6.1722 prepared at the time the operation or 64 ...... 19.6751 15.4778 12.6795 10.6808 9.1817 8.0158 7.0830 6.3199 65 ...... 20.0954 15.8128 12.9577 10.9184 9.3888 8.1992 7.2475 6.4689 transaction occurs, entries in the pre­ 66 ...... 20.5193 16.1507 13.2383 11.1580 9.5978 8.3842 7.4134 6.6191 scribed records (or approved substitutes 67 ...... 20.9469 16.4916 13. 6213 11.3997 9.8085 8.5709 7.5808 6.7707 therefor) may be deferred until the next 68 ...... 21.3782 16.8354 13.8068 11.6435 10. 0210 8.7591 7.7496 6.9236 69 ...... 21.8132 17.1821 14.0947 11.8894 10.2354 8.9490 7.9199 7.0779 succeeding business day. Each proprietor 70...... 22.2520 17.5319 14.3851 12.1374 10.4517 9.1405 8.0916 7.2334 shall retain as part of his records all 71 ...... 22.6945 17.8846 14.6780 12.3876 10.6698 9.3337 8.2648 7.3903 72 ...... 23.1408 18.2404 14.9734 12.6399 10.8898 9.5286 8.4396 7.5486 work orders and supplemental and 73 ...... 23.5909 18.5992 15.2714 12.8944 11.1117 9.7251 8.6158 7.7082 74 ...... 24.0449 18.9611 15. 5719 18.1511 11.3354 9.9233 8.7936 7.8692 auxiliary records needed (a) to support 75 ...... _...... 24.5026 19.3260 15.8749 13.4098 11.5611 10.1231 8.9728 8. 0316 entries in his daily records or commercial 76...... 24.9645 19.6942 16.1807 13.6710 11.7888 10.3248 9.1537 8.1954 77...... '...... 25.4302 20.0654 16.4890 13.9343 12.0184 10.6282 9.3360 8.3606 papers, or (b) for verification by internal 78 ...... 25.8998 20.4399 16.7999 14.1999 12.2499 10.7333 9.5199 8.5272 revenue officers. 79 ...... '...... 26.3734 20.8174 17.1134 14.4677 12.4834 10.9401 9.5054 8.6952 80 ...... - ...... 26.8511 21.1982 17.4296 14.7378 12. 7189 11.1487 9. o925 8.8647 (72 Stat. 1381; 26 U.S.C. 5367)

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9451

T able V (Continued)

Brix desired after dilution

12 13 14 15 16 17 18 19 Brix of concentrate Gallons of water required per gallon of concentrate

40. 2.7480 2.4460 2.1871 1.9628 1.7665 1.5934 1.4394 1.3017 41 2.8585 2.5477 2.2812 2.0503 1.8482 1.6699 1.5114 1.3696 42. 2.9701 2.6502 2.3761 2.1385 1.9306 1.7471 1.5840 1.4381 43. 3.0826 2.7537 2.4718 2.2274 2.0136 1.8250 1.6573 1.5073 44 3.1960 2.8580 2.5683 2.3171 2.0974 1.9035 1.7312 1.5770 45. 3.3105 2.9632 2.6656 2.4076 2.1819 1.9828 1.8057 1.6473 46. 3.4259 3.0694 2.7638 2.4989 2.2672 2.0627 1.8809 1.7183 47. 3.5424 3.1765 2.8628 2.5910 2.3531 2.1433 1.9567 1.7898 48 3.6598 3.2844 2.9627 2.6839 2.4399 2.2246 2.0332 1.8620 49. 3.7783 3.3934 3.0635 2.7775 2. 5274 2.3066 2.1104 1.9348 50. 3.8978 3.5033 3.1651 2.8720 2.6156 2.3893 2.1882 2.0083 51 4.0183 3.6141 3.2676 2.9674 2.7046 2.4728 2.2667 2.0824 52. 4.1399 3.7259 3.3710 3.0635 2.7944 2.5570 2.3459 2.1571 53. 4.2625' 3.8386 3.4753 3.1605 2.8850 2.6419 2.4258 2.2325 54. 4.3862 3.9524 3.5806 3.2583 2.9763 2.7275 2.5064 2.3085 55. 4. 5110 4.0671 3.6867 3.3570 3.0685 2.8139 2.5877 2.3852 56. 4.6368 4.1829 3.7938 3.4565 3.1615 2.9011 2.6697 2.4626 57. 4.7638 4.2996 3.9017 3.5569 3.2552 2.9890 2.7524 2.5407 58. 4.8918 4.4174 4.0107 3.6582 3.3498 3.0777 2.8358 2.6194 59. 5.0210 4.5362 4.1206 3.7604 3.4453 3.1672 2.9200 2.6989 60. 5.1513 4.6560 4.2314 3.8635 3.5415 3.2574 3.0049 2.7790 61. 5.2827 4.7768 4.3432 3.9674 3.6386 3.3485 3.0906 2.8598 62. 5.4153 4.8988 4.4660 4.0723 3.7366 3.4403 3.1770 2.9414 63. 5.5490 5.0217 4.5698 4.1781 3.8354 3.5329 3.2641 3.0236 64. 5.6839 5.1458 4.6846 4.2848 3.93 50 3.6264 3.3521 3.1066 65. 5.8200 5.2709 4.8003 4.3924 4.0356 3.7207 3.4407 3.1903 66 5.9572 5.3971 4.9171 4. 5010 4.1370 3.8157 3.5302 3.2747 67 6.0957 5.5245 5.0349 4.6105 4.2393 3.9117 3.6205 3.3599 68. 6.2353 5.6529 5.1537 4.7210 4.3425 4.0084 3.7115 3.4458 69. 6.3762 5.7824 5.2735 4.8325 4.4465 4.1060 3.8033 3.5325 70. 6.5183 5.9131 5.3944 4.9449 4.5515 4.2045 3.8960 3.6199 71. 6.6616 6.0449 5.5164 5.0583 4.6574 4.3038 3.9894 3.7081 72. 6.8061 6.1779 5.6393 5.1726 4.7643 4.4040 4.0837 3.7971 73. 6.9519 6.3120 5.7634 5.2880 4.8720 4.5050 4.1787 3.8868 74. 7.0990 6.4472 5.8885 5.4044 4.9807 4.6069 4.2746 3.9773 75. 7.2472 6.5836 6.0147 5. 5217 5.0903 4.7097 4.3713 4.0686 76. 7.3969 6.7212 6.1421 5.6401 5.2009 4.8134 4.4690 4.1608 77. 7.5478 6.8600 6.2705 5.7595 5.3125 4.9180 4.5674 4.2536 78. 7.6999 6.9999 6.4000 5.8800 6.4250 5.0235 4.6666 4.3473 79. 7.8534 7.1411 6.5306 6.0014 5.5384 5.1299 4.7668 4.4418 80 8.0082 7.2835 6.6623 6.1239 5.6529 5.2372 4.8677 4. 5372

Brix desired after dilution

20 21 22 23 24 ’ 25 26 Brix of concentrate Gallons of water required per gallon of concentrate

40. 1.1777 1.0655 0.9636 0.8705 0.7851 0.7066 0.6341 41. 1.2420 1.1265 1.0215 0.9257 0.8378 0.7570 0.6824 42. 1.3068 1.1880 1.0800 0. 0.8910 9814 0.8079 0.7311 43 : 1.3722 1.2501 1.1390 1.0376 0.9447 0.8591 0.7802 44. 1.4382 1.3127 1.1985 1.0943 0 . 0.9109 9988 0.8297 45. 1.5048 1.3758 1.2585 1.1515 1.0533 0. 0.8797 9631 46. 1. 5719 1.4395 1.3191 1.2092 1.1084 1.0157 0.9301 47. 1.6396 1.5037 1.3801 1. 2673 1.1639 1.0688 0. 9810 48. 1.7079 1.5685 1.4417 1.3260 1.2199 1.1223 1.0323 49. 1.7768 1.6338 1.5Ò39 1.3852 1.2764 1.1764 1.0840 50. 1.8463 1.6998 1.5666 1.4449 1.3334 1.2309 1.1362 51. 1.9164 1.7663 1.6298 1. 5052 1.3909 1.2859 1.1888 52. 1.9871 1.8334 1.6936 1.5659 1.4490 1.3413 1.2420 53. 2.0585 1.9010 1.7579 1.6272 1. 5075 1.3973 1.2955 54. 2.1304 1.9693 1.8228 1.6891 1.5665 1.4537 1.3496 55. 2.2030 2.0382 1.8883 1.7515 1.6260 1.5106 1.4041 56. 2.2763 2.1076 1.9544 1.8144 1.6861 1. 5681 1.4591 57. 2.3501 2.1777 2.0210 1.8779 1.7467 1.6260 1. 5146 58. 2.4246 2.2484 2.0882 1.9419 1.8078 1.6845 1.5706 59. 2.4998 2.3197 2.1560 2.0065 1.8695 1.7435 1.6271 60. 2.5756 2.3917 2.2244 2.0717 1.9317 1.8030 1.6841 61. 2.6521 2.4642 2.2934 2.1375 1.9945 1.8630 1.7416 62. 2.7293 2.5375 2.3630 2.2038 2.0578 1.9235 1.7995 63. 2.8072 2.6113 2.4333 2.2707 2.1217 1.9846 1.8580 64. 2.8857 2.6858 2.5041 2.3382 2.1861 2.0462 1.9171 65. 2.9649 2.7610 2. 5756 2.4063 2.2511 2.1084 1.9766 6 6 . 3.0448 2.8368 2.6477 2.4750 2.3167 2.1711 2.0367 67. 3.1254 2.9133 2.7204 2.5443 2.3829 2.2343 2.0973 68 . 3.2067 2.9904 2.7937 2.6142 2.4496 2.2982 2.1584 69. 3.2888 3.0682 2.8678 2.6847 2.5169 2.3625 2.2200 70. 3.3715 3.1467 2.9424 2.7558 2.5848 2.4275 2.2823 71. 3.4550 3.2259 3.0177 2.8276 2.6533 2.4930 2.3450 72. 3.5392 3.3058 3.0937 2.9000 2.7224 2. 5591 2.4083 73. 3.6241 3.3864 3.1703 2.9730 2.7922 2.6258 2.4722 74. 3.7098 3.4677 3.2476 3.0467 2.8625 2.6930 2.5366 75. 3.7962 3.5497 3.3256 3.1210 2.9334 2.7608 2.6016 76. 3.8834 3.6324 3.4043 3.1959 3.0050 2.8293 2.6671 77. 3.9713 3.7158 3.4836 3.2715 3.0772 2.8983 2.7333 78. 4.0600 3.8000 3.5636 3.3478 3.1500 2.9680 2.8000 79. 4.1494 3.8848 3.6443 3.4247 3.2234 3.0382 2.8673 80. 4.2396 3.9705 3.7257 3.5023 3.2975 3.1091 2.9351

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9452 9452

Par. 69. Section 240.1042 is amended to available, and to provide one category for make a minor technical change. As ion èxchange resins and for pectolytic Materials Use Reference or limitation amended, § 240.1042 reads as follows: enzymes. As amended, § 240.1051 reads Bone charcoal...... d o ...... § 240.1042 Application, Form 257. as f ollows : Calcium carbonate______To reduce the excess natural The natural or fixed acids shall not be reduced below acids in high acid wine. five parts per 1,000. A proprietor who intends to withdraw § 240.1051 Materials authorized for Calcium sulphate (Gypsum). Production of Spanish type § 240.385. Finished wine shall not contain more than 2 treatment o f wine. or Flor sherry wine. grams of gypsum per 1,000 ml. of wine. distillates containing aldehydes shall Carbon...... To clarify and purify wine. make application on Form 257 in accord­ The following materials are approved, Carbon dioxide, COj______To stabilize and preserve §§ 240.531 through 240.535. wine. ance with § 240.822. as being consistent with good commercial Casein...... To clarify wine. (72 Stat. 1382; 26 U.S.C. 5373) practice, for use by proprietors of bond­ Citric acid...... To increase the acidity of §§ 240.364,240.404. wine. § 240.1044 [Deleted] ed wine cellars in the production, cellar To stabilize grape wine...... §§ 240.526, 240.539. treatment, or finishing of wine (includ­ Combustion gas...... To maintain pressure dur-« The carbon dioxide content of the combustion gas shall P ar. 70. Section 240.1044 is deleted. ing filtering and bottling not exceed 1%. 21 CFR Part 121; ing distilling material), within the gen­ of champagne and P ar. 71. Section 240.1051 is amended sparkling wines. to include additional materials author­ eral limitations of § 240.524, or the spe­ Compressed air...... Aeration of sherry wine...... The use of compressed air shall not cause changes in the wine other than those occurring during the usual ized by revenue rulings, to delete mate­ cific limitations shown in the table, or storage in wooden cooperage over a period of time. rials which are no longer authorized or given in the sections referred to : Copper sulfate...... To clarify and stabilize Copper added in the form of copper sulfate shall not grape wine. exceed 0.5 part per million of copper with a residual level not in excess of 0.2 part per million of copper. Materials Use Reference or limitation Cufex...... To remove trace metal No insoluble or soluble residue in excess of one part from wine. per million shall remain in the finished wine, and the basic character of the wine shall not be changed by Acetic acid...... To correct natural deficien­ The use of acetic acid shall not exceed 0.4 gallon of the such treatment. cies in grape wine. equivalent of 100 percent pure acetic acid per 1,000 Defoaming agents (polyoxy- Defoaming agent...... Defoaming agents which are 100 percent active may be

gallons of grape wine, and such acid shall not be added ethylene-40-monostearate used in amounts not exceeding 0.15 pound per 1,000 MAKING RULE PROPOSED in a solution of less than 50 percent strength. Acetic and silicon dioxide) (sorbic gallons of wine. Defoaming agents which are 30 acid in finished red grape wine shall not exceed 0.14 acid carboxy methyl percent active may be used in amounts not exceeding gram per 100 cubic centimeters or 0.12 gram per cellulose, dimethyl poly- 0.5 pound per 1,000 gallons of wine. Silicon dioxide 100 cubic centimeters in other finished grape wine. siloxane, polyoxethylene shall be completely removed by filtration. § 240.364. (40) monostearate, and Actiferm (Roviferm)...... Fermentation adjunct...... The amount used :hall not exceed 2 pounds per 1000 gal­ sorbitan monostearate). lons of wine. Diethyl pyrocarbonate...... To preserve wine______The amount used shall not exceed 200 parts per million. Activated carbon...... To assist precipitation dur­ §§ 240.361, 240.366, 240.401, 240.405. Eggs (albumen or yolks)____To clarify wine. ing fermentation. Flue gas...... To stabilize wine and pre­ The carbon monoxide content of the gas shall not exceed To clarify and purify wine. vent oxidation. 4.5 percent by volume. 21 CFR Part 121. To remove excess color in § 240.527. Freon C -318...... Propellant in aerosol con­ Only a minute amount of the gas shall remain in the white wine. tainers of vermouth. dispensed vermouth. Aferrin...... To reduce trace metals No insoluble or soluble residue in excess of one part per Fulgur (aluminum silicate To clarify wine...... The amount used shall not exceed 6..6 pounds per from wine. million shall remain in the finished wine, and the and albumin). 1,000 gallons of wine. basic character of the wine shall not be changed by Fumaric acid...... To stabilize grape wine and The amount used shall not exceed 25 pounds per 1,000 such treatment. to correct natural deficien­ gallons of wine. The fumaric acid content of the AMA special gelatine To clarify wine, cies in grape and fruit finished wine shall not exceed 0.3 percent. §§ 240.364, solution. wine. 240.404 Antifoam “A” ...... — ____ To reduce the foam in Gelatin...... To clarify wine. fermeters. Glycine (amino acetic acid).. Yeast food in fermentation The amount used shall not exceed 2 pounds per 1,000 Antifoam AF emulsion. of wines. gallons of wine. Antifoam C ._ ...... Defoaming agent in pro­ The residual silicone content in the wine shall not Granular cork...... To treat wines stored in The amount used shall not exceed 10 pounds per 1,000 duction of wine. exceed 10 parts per million. redwood and concrete gallons of wine. Ascorbic acid...... To prevent darkening of May be added to fruit, grapes, berries, and other ma­ tanks. Iso-ascorbic acid color and deterioration of terials used in wine production, to the juice of such Gum arabic______To clarify and stabilize wine. The amount used shall not exceed 2 pounds per 1,000 (Erythorbic acid). flavor in wines and wine materials, or to the wine, within limitations which do gallons of wine. a materials, and the over not alter the class or type of the wine. Its use need not Gypsum (see calcium oxidation of vermouth be shown on labels. sulphate). and other wines. Hydrogen peroxide...... To reduce aldehydes in The amount used shall not exceed 200 parts per million,' Atmos 300...... Antifoaming agent...... No soluble residue in excess of 25 parts per million shall distilling material. remain in the finished wine. To facilitate secondary The amount used shall not exceed 3 parts per million; Bentonite (Wyoming C lay).. To clarify wine. . fermentation in The finished product shall not contain any hydrogen Bentonite compound To clarify and stabilize wine. Copper added in the form of copper sulfate shall not production of sparkling peroxide. (Bentonite, activated exceed 0.5 part per niillion of copper with a residual wine. carbon, copper sulfate). level not in excess of 0.2 part per million of copper. Bentonite slurry...... To clarify wine...... Not more than 2 gallons of water shall be added to each pound of Bentonite used. The total quantity of water shall not exceed 1% of the volume of wine treated.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 Materials Use Reference or limitation Materials U m Reference or limitation

Ion exchange resins...... Treatment of wine. Anion, cation, and non-ionic resins, except those resins Poassium m etabisulphite... Sterilizing and preserving The sulphur content of the finished wine shall not in the mineral acid state, may be used in batch or wine. exceed the limits prescribed in 27 CFR Part 4. continuous column processes as total or partial Potassium salt of sorbic acid. As a sterilizing and preserv­ Not more than 0.1% of sorbic acid or salts thereof shall treatment of wine, provided that after complete ative agent and to be used in wine or in materials for the production of treatment: inhibit mold growth and wine. 1. The basic character of the wine has not been secondary fermentations. altered. Promine-D______To clarify and stabilize The amount used shall hot exceed 1.5 pounds per 1,000 2: The color of the wine has not been reduced to less wine. gallons of wine. Water used in process shall not exceed than that normally contained in such wine. 0.5 percent of wine treated. 3. The inorganic anions in the wine have not been Protovac PV-7916...... To clarify wine...... The amount used shall not exceed 2 pounds per 1,000 increased by more than 10 mg. per liter. . gallons of wine. 4. The metallic cation concentration in the wine has Roviferm (see Actiferm). not been reduced to less than 300 mg. per liter. Sodium bisulfite...... As a sterilizing or preserv­ § 240.523. 5. The natural or fixed acid in grape wine has not ing agent. been reduced below 4 parts per thousand for red Sodium carbonate...... To reduce excess natural Natural or fixed acids shall not be reduced below 5 parts table wines, 3 parts per thousand for white table acidity in wine. per thousand § 240.523. wines, or 2.5 parts per thousand for all other grape Sodium caseinate...... To clarify w ine...... § 240.523. wines; and the natural or fixed acid in wine, other Sodium metabisulphite...... Sterilizing and preserving § 240.523. than grape wine, has not been reduced below 4.5 wine. parts per thousand. Sodium salt of sorbic acid___As a sterilizing and preserv­ Not more than 0.1% of the sorbic acid or salts thereof 6. The pH of the wine has not been reduced below ative agent and to shall be used in wine or in materials for the production pH 3 nor increased above pH 4.5. inhibit mold growth and of wine. 7. The resins used have not imparted to the wine any secondary fermentations. material or characteristic (incidental to the resin Sorbic acid...... do...... Not more than 0.1% of the sorbic acid or salts thereof treatment) which may be prohibited under any shall be used in wine or in materials for the production other section of the regulations in this part. , of wine. Conditioning and/or regenerating agents consisting of Sparkaloid No. 1______To clarify wine. water, fruit acids common to the wine being treated, Sparkaloid No. 2______d o ...... MAKING RULE PROPOSED and inorganic acids, salts and/or bases may be em­ Sulphur dioxide...... Sterilizing and preserving § 240.523, 27 CFR Part 4. ployed, provided the conditioned or regenerated resin wine. is rinsed with water until the resin and container are Sulphuric acid...... To effect a favorable yeast § 240.486. essentially free from unreacted (excess) conditioning development in distilling or regenerating agents prior to the introduction of the material. wine. Tartaric acid may not be used in treating wines Takamine cellulase 4,000...... To clarify wine...... The amount used shall not exceed 5 pounds per 1,000 other than grape. gallons of wine. Isinglass— ...... do...... T annin...... Clarifying grape wine_____ § 240.525. Lactic acid______To stabilize wine and cor-* §§ 240.364, 240.404, 240.526. Tansul clays Nos. 7, 710, To clarify wine...... The amount used shall not exceed 10 pounds per 1,000 rect natural deficiencies and 711. gallons of wine. in wine. Tartaric acid______To increase acidity of grape § 240.364. Malic acid— ...... T o increase acidity of w in e.. §§ 240.364, 240.404. wine. Mineral o il...... On surface of wine in stor­ The oil shall not remain in the finished wine when Uni-Loid Type 43B (pure To clarify and stabilize The amount used shall not exceed 2 pounds per 1,000 age tanks to prevent the marketed. U.S.P. agar agar and wine. gallons of wine. access of air to the wine. , standard supercel). Nitrogen gas...... To maintain pressure dur­ The gas shall not remain in sparkling or still wine. Urea...... To facilitate fermentation Do. ing filtering and bottling of wine. of sparkling wine. To Veltol______As a stabilizing and The amount used shall not exceed 250 parts per million; prevent oxidation of wine. smoothing agent. Oak chips (charred)...... To treat Spanish type The finished product, after addition of oak chips, shall Vitagen gas...... To remove air and reduce § 240.531. 21 CFR Part 121. blending sherry. have the flavor and color of Spanish type blending oxidation in still wines. sherry commonly obtained by storage of sherry wine To maintain pressure in The vitagen gas shall be substantially free of carbon in properly treated used charred oak whisky barrels. sparkling wines. dioxide. Oak chips (uncharred and To treat wines, Wine clarifier (containing To clarify wine...... The amount used shall not exceed 2 pounds per 1,000 untreated). pure U.S.P. agar agar gallons of wine. Oak chip sawdust (un- ...... do...... and standard supercel). charred and untreated): Wine clarifier (Clari-Vine B) ...... do...... Do. Oxygen...... In baking or maturing winfc. May be used provided it does not cause changes in the (containing locust bean wine other than those occurring during the usual gum, carragheen, alginate, storage in wooden cooperage over a period of time. bentonite, agar agar, and Application must be filed. diatomaceous earth). Pectolytic enzymes...... To clarify and stabilize 21 CFR Part 121. Yeastex______To facilitate fermentation__ Do. wine, and to facilitate Yeastex 61...... ___ do__ *.______Do. separation of the juice from the fruit. Phosphates...... • To start secondary fermen­ Small quantity only shall be used. (The use of ammo­ § 240.1052 [Amended] cohol and Tobacco Tax, Division”, wher­ tation in manufacturing nium phosphate, ammonium sulphate, or potassium ever such terms appear, and inserting champagne and sparkling acid phosphate as yeast food in the production of still P ar. 72. Section 240.1052 is amended wines. wine is not permitted.) in lieu thereof the term “Director”. Diammonium phosphate___ Yeast food in distilling The amount used shall not exceed 10 pounds per 1,000 by deleting “Director, Alcohol and To­ material. gallons of distilling material. [F.R. Doc. 69-7063; Filed, June 16, 1969; Polyvinylpoly-pyrrolidone To clarify and stabilize The amount used shall not exceed 6 pounds per 1,000 bacco Tax Division,” and “Director, Al- 8:45 a.m.] (P V P P ): wine. gallons of wine. Material shall be removed during filtration. 21 CFR Part 121. 9453

No. 115----- 6 FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9454 PROPOSED RULE MAKING On the basis of the evidence introduced ments entitled, respectively, "Marketing DEPARTMENT OF AGRICULTURE at the hearing and the record thereof, Agreement, as Amended, Regulating the the Deputy Administrator, Regulatory Handling of Oranges, Grapefruit, Tan­ Agricultural Research Service Programs, Consumer and Marketing gerines, and Tangelos Grown in Florida” Service, on April 28, 1969, filed with the and “Order Amending the Order, as [ 7 CFR Part 362 1 Hearing Clerk, U.S. Department of Ag­ Amended, Regulating the Handling of [Interpretation 18] riculture, his recommended decision in Oranges, Grapefruit, Tangerines, and this proceeding. The notice of the filing Tangelos Grown in Florida,” which have ECONOMIC POISONS of such recommended decision, affording been decided upon as the appropriate Warning, Caution, and Antidote opportunity to file written exceptions and detailed means of effecting the fore­ Statements on Labels; Extension of thereto, was published in the F ederal going conclusions. These documents shall R egister (F.R. Doc. 69-5215; 34 F.R. not become effective unless and until the Time for Filing Comments 7168). requirements of § 900.14 of the aforesaid On April 4, 1969, a proposed revision Rulings on exceptions. Exceptions to rules of practice and procedure govern­ of Interpretation 18 of the Regulations the recommended decision were filed on ing proceedings to formulate marketing for the Enforcement of the Federal In­ behalf of The Eustis Fruit Co., Inc., agreements and marketing orders have secticide, Fungicide, and Rodenticide Act Eustis, Fla., by Stewart Welch, Vice been met. was published in the F ederal R egister President. The exceptions were to the Referendum order. Pursuant to the ap­ (34 F.R. 6106) setting forth certain pro­ method to be used for determining the plicable provisions of the Agricultural posed changes in requirements with re­ portion of a specified grade or size that Marketing Agreement Act of 1937, as spect to warning, caution, and antidote may be handled during a particular amended (7 U.S.C. 601-674), it is hereby statements on labels of economic poisons. week. An alternate method was proposed. directed that a referendum be conducted Sixty days were permitted for the sub­ The exceptions have been considered among the producers who, during the mission of written data, views, or argu­ carefully and fully in conjunction with period August 5, 1968, through May 4, ments in connection with this matter. the record evidence and the recom­ 1969 (which period is hereby determined In order to enable all interested par­ mended decision pertaining thereto in to be a representative period for the ties to further evaluate the proposed re­ arriving at the findings and conclusions purpose of such referendum), were en­ vision of Interpretation 18 and com­ set forth in this decision. It is determined gaged, in the State of Florida, in the ment thereon, the time for submission that the findings and conclusions as set production of oranges (including Temple of comments is extended through July 31, forth in the recommended decision are and Murcott Honey oranges), grapefruit, 1969. Persons wishing to submit written correct and are hereby affirmed. To the tangerines, and tangelos for market to data, views, or arguments should sub­ extent that any exception is not specif­ ascertain whether such producers favor mit them in triplicate to the Director, ically ruled upon and is at variance with the issuance of the said annexed order Pesticides Regulation Division, Agricul­ the findings, conclusions, and actions amending Order No. 905, as amended (7 tural Research Service, Washington, decided upon in this decision, such is CFR Part 905), regulating the handling D. C. 20250, prior to August 1,1969. denied. of oranges, grapefruit, tangerines, and The material issues, findings, and con­ tangelos grown in Florida. Done at Washington, D.C., this 12th clusions, and the general findings of the Minard F. Miller, Fruit and Vegetable day of June 1969. recommended decision set forth in the Division, Consumer and Marketing Serv­ H arry W. H ays, F ederal R egister (F.R. Doc. 69-5215; 34 ice, U.S. Department of Agriculture, is Director, F.R. 7168) are, as hereinafter augmented, hereby designated agent of the Secretary Pesticides Regulation Division. hereby approved and adopted as the ma­ of Agriculture to conduct said terial issues, findings and conclusions, referendum. [F.R. Doc. 69-7137; Filed, June 16, 1969; The procedure applicable to the 8:47 a.m.] and the general findings of this decision as if set forth in full herein. referendum shall be the “Procedure for The discussion in the fourth paragraph the Conduct of Referenda in Connection Consumer and Marketing Service with Marketing Orders for Fruits, Vege­ of issue numbered (3) appearing at 34 tables, and Nuts Pursuant to the Agri­ [ 7 CFR Part 905 1 F.R. 7169 is augmented by inserting the cultural Marketing Agreement Act of following between the second and the 1937, as Amended”, (7 CFR Part 900.400 [Docket No. AO-85-A7] third sentences of that paragraph; et seq.). ORANGES, GRAPEFRUIT, TANGER­ It is reasonable to assume, that should The ballots used in such referendum INES, AND TANGELOS GROWN IN the recommended amendatory provisions shall contain a summary describing the become operative, a handler who so terms and conditions of the proposed FLORIDA desires would assure himself of the op­ amendment of the order. Decision and Referendum Order With portunity to ship the prescribed portion Copies of the aforesaid annexed order of a specified grade or size of a particular Respect to Proposed Amendment of and of the aforesaid referendum pro­ variety by conducting his operations cedure may be examined in the Fruit Amended Marketing Agreement prior thereto in a manner that will pro­ and Vegetable Division, Consumer and and Order vide him with the required shipments of Marketing Service, U.S. Department of Pursuant to the rules of practice and the variety that are to serve as the basis Agriculture, Washington, D.C. 20250. procedure, as amended, governing pro­ for computing his shippable percentage. Ballots to be cast in the referendum, ceedings to formulate marketing agree­ As heretofore pointed out, a handler can­ and other necessary forms and instruc­ ments and marketing orders (7 CFR Part not always prefigure with certainty what tions, may be obtained from the referen­ 900), a public hearing was held at Lake­ his total shipments of a variety for the dum agent or any appointee. weekly period will be until he has actu­ It is hereby ordered, That all of this land, Fla., on January 7, 1969, after ally made his final shipments and totaled notice thereof published in the F ederal decision and referendum order, except the amounts. To eliminate such uncer­ the annexed amended marketing agree­ R egister (33 F.R. 18709) on proposed tainties, and possible unintended viola­ further amendment of the marketing ment, be published in the F ederal R eg­ tions on account thereof, the method to ister. The regulatory provisions of the agreement and Order No. 905 (7 CFR be used in determining the portion of a said marketing agreement are identical Part 905), regulating the handling of specified grade or size should be as here­ with those contained in the said order, as oranges, grapefruit, tangerines, and inafter set forth without the continued amended and further amended by the tangelos grown in Florida, to be made use (even as an alternative) of the cur­ annexed order which will be published rent method based on shipments made with this decision. effective pursuant to the provisions of during the week of regulation. the Agricultural Marketing Agreement Further amendment of the marketing Dated: June 11,1969. Act of 1937, as amended (7 U.S.C. 601- agreement and order. Annexed hereto R ichard E. Lyng, 674). and made a part hereof are two docu­ Assistant Secretary.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9455

Order1 amending the order, as amended, merce or directly burdens, obstructs, or § 905.52 Regulation by the Secretary, regulating the handling of oranges, affects such commerce. (a) * * * grapefruit, tangerines, and tangelos It is, therefore, ordered, That, on and (1) Limit the shipments of any grade groum in Florida after the effective date hereof, all han­ dling of oranges (including Temple and or size, or both, of any variety, in any § 905.0 Findings and determinations. Murcott Honey oranges), grapefruit, manner as may be prescribed, and any The findings and determinations here­ tangerines, and tangelos grown in the such limitation may provide that ship­ inafter set forth are supplementary and production area shall be in conformity ments of any variety grown in Regula­ in addition to the findings and deter­ to, and in compliance with, the terms tion Area n shall be limited to grades minations made in connection with the and conditions of this order, as amended and sizes different from the grade and issuance of the order and each of the and as hereby further amended, as fol­ size limitations applicable to shipments previously issued amendments thereto; lows: of the same varieties grown in Regula­ and all of the said previous findings and 1. Section 905.5 Variety is revised to tion Area I: Provided, That whenever determinations are hereby ratified and read as follows: any such grade or size limitation re­ affirmed except insofar as such findings stricts the shipment of a portion of a and determinations may be in conflict § 905.5 Variety. specified grade or size of a variety the with tiie findings and determinations set “Variety” or “varieties” means any quantity of such grade or size that may forth herein. one or more of the following classifica­ be shipped by a handler during a par­ (a) Findings upon the basis of thetions or groupings of iruit: ticular week shall be established as a hearing record. Pursuant to the Agri­ (a) Early and Midseason oranges and percentage of the total shipments of cultural Marketing Agreement Act of other types commonly called “round such variety by such handler during the 1937, as amended (7 U.S.C. 601-674), and oranges,” except Navel oranges and ex­ last previous week, within the current the applicable rules of practice and pro­ cept Valencia, Lue Gim Gong, and simi­ fiscal period, in which he shipped such cedure effective thereunder (7 CFR Part lar late maturing oranges of the Valencia variety. 900), a public hearing was held at Lake­ type; ***** land, Fla., January 7, 1969, upon pro­ (b) Valencia, Lue Gim Gong, and (3) Limit the shipment of the total posed amendment of the marketing similar late maturing oranges of the quantity of any variety by prohibiting agreement, as amended, and Order No. Valencia type; the shipment thereof: Provided, That no 905, as amended (7 CFR Part 905), regu­ (c) Temple oranges; such prohibition shall apply to exports lating the handling of oranges, grape­ (d) Marsh and other seedless grape­ other than to Canada or Mexico or be fruit, tangerines, and tangelos grown in fruit, excluding pink grapefruit; effective during any fiscal period with Florida. Upon the basis of the evidence (e) Duncan and other seeded grape­ respect to any variety other than for one introduced at such hearing and the rec­ fruit, excluding pink grapefruit; period not exceeding 5 days during the ord thereof, it is found that: (f) Pink seedless grapefruit; week in which Thanksgiving Day occurs, (1) The said order, as amended and (g) Pink seeded grapefruit; and for not more than two periods not as hereby further amended, and all of (h) Tangelos; exceeding a total of 14 days during the the terms and conditions thereof, will (i) Dancy and similar tangerines, in­ period December 20 to January 20, both tend to effectuate the declared policy of cluding Robinson; the act; dates inclusive. (j) Murcott Honey oranges; and ***** (2) The said order, as amended and as (k) Navel oranges. hereby further amended, regulates the [F.R. Doc. 69-7141; Filed, June 16, 1969; handling of oranges (including Temple 2. Paragraph (a) of § 905.42 Han­ 8:47 a.m.] and Murcott Honey oranges), grapefruit, dler’s accounts is deleted and a new paragraph (a) is substituted therefor: tangerines, and tangelos grown in the [ 7 CFR Part 916 1 production area in the same manner as, § 905.42 Handler’s accounts. and is applicable only to persons on the NECTARINES GROWN IN (a) If, at the end of a fiscal period, the respective classes of commercial or in­ CALIFORNIA dustrial activity specified in, the market­ assessments collected are in excess of ing agreement and order upon which a expenses incurred, the committee, with Approval of Expenses and Fixing of hearing has been held; the approval of the Secretary, may carry over such excess into subsequent fiscal Rate of Assessment for 1969—70 (3) The said order, as amended and Fiscal Period and Carryover or Un­ as hereby further amended, is limited periods as a reserve: Provided, That in application to the smallest regional funds already in the reserve do not ex­ expended Funds production area that is practicable, con­ ceed approximately one-half of one fiscal Consideration is being given to the sistently with carrying out the declared period’s expenses. Such reserve funds following proposals submitted by the policy of the act; may be used (1) to cover any expenses Nectarine Administrative Committee, (4) The said order, as amended and authorized by this part and (2) to cover established under the marketing agree­ as hereby further amended, prescribes, necessary expenses of liquidation in the ment, as amended, and Order No. 916, as so far as practicable, such different event of termination of this part. If any amended (7 CFR Part 916), regulating terms, applicable to different parts of such excess is not retained in a reserve, the handling of nectarines grown in the production area, as are necessary to each handler entitled to a proportionate California, effective under the applicable give due recognition to differences in the refund shall be credited with such re­ provisions of the Agricultural Market­ production and marketing of oranges fund against the operations of the fol­ ing Agreement Act of 1937, as amended (including Temple and Murcott Honey lowing fiscal period unless he demands (7 U.S.C. 601-674), as the agency to ad­ oranges), grapefruit, tangerines, and payment of the sum due him, in which minister the terms and provisions tangelos grown in the production area; case such sum shall be paid to him. Upon thereof: termination of this part, any funds not and (1) That expenses that are reasonable (5) All handling of oranges (including required to defray the necessary ex­ penses of liquidation shall be disposed of and likely to be incurred by the Nectar­ Temple and Murcott Honey oranges), ine Administrative Committee, during grapefruit, tangerines, and tangelos in such manner as the Secretary may de­ termine to be appropriate: Provided, the period March 1, 1969, through Feb­ grown in the production area is in the ruary 28, 1970, will amount to $289,747; current of interstate or foreign com- That to the extent practical, such funds shall be returned pro rata to the persons and from whom such funds were collected. (2) The rate of assessment for such 1 This order shall not become effective un­ period, payable by each handler in ac­ less and until the requirements of § 900.14 ***** cordance with § 916.41 to be fixed at of the rules of practice and procedure gov­ 3. Paragraph (a) (1) and (3) of $0.05 per No. 22D standard lug box, or erning proceedings to formulate marketing § 905.52, Regulation by the Secretary is equivalent quantity of nectarines in agreements and orders have been met. revised to read as follows: other containers or in bulk.

FEDERAL REGISTER, VO L 34, NO. 115— TUESDAY, JUNE 17, 1969 9456 PROPOSED RULE MAKING Terms used in the marketing agree­ GC-24, 800 Independence Avenue SWM horizon” within the pilot’s scan range ment, as amended, and order, as Washington, D.C. 20590. All communica­ would immediately alert him to the need amended, shall, when used herein, have tions received on or before September 15, for corrective action. the same meaning as is given to the re­ 1969, will be considered by the Admin­ While there are a great many safe­ spective term in said amended marketing istrator before taking action on the pro­ guards presently built into the electrical agreement and order, and “No. 22D posed rule. The proposal contained in system of transport category airplanes, standard lug box” shall have the same this notice may be changed in the light experience indicates that there have meaning as set forth in section 43601 of of comments received. All comments sub­ been a number of instances when they the Agricultural Code of California. mitted will be available both before and did not prevent a system failure. As All persons who desire to submit writ­ after the closing date for comments, in previously indicated, there also exists ten data, views, or arguments in con­ the Rules Docket for examination by the probability that there will be five to nection with the aforesaid proposals interested persons. 10 dual failures per year of the attitude should file the same, in quadruplicate, Reported single failures of vertical indicating system in these airplanes for with the Hearing Clerk, U.S. Department gyro instrument systems are occurring reasons other than electrical failure. of Agriculture, Room 112, Administration at a rate between 0.96 and 2.27 per 1,000 When such failures occur they are likely Building, Washington, D.C. 20250, not hours in scheduled air carrier service to endanger the safe operation of the later than the 10th day after the publica­ (449 to 1,040 hours, mean time between airplane, particularly during instrument tion of this notice in the F ederal R eg­ failures) and dual failures, on a proba­ flight. An additional attitude indicating ister. All written submissions made pur­ bility basis, may be expected in the range instrument system powered independ­ suant to this notice will be made avail­ from approximately one in 500,000 hours ently of the aircraft’s normal electrical able for public inspection at the office of to one in 1 million hours. Total fleet generating system would enable the pilot the Hearing Clerk during regular busi­ hours projected for 1969 are 5 million to have attitude indication in the event ness hours (7 CFR 1.27 (b)). hours; therefore, five to 10 dual failures such failures occurred. are statistically projected for 1969, and This proposal is being limited to large Dated: June 12,1969. the rate is increasing approximately«5 turbojet powered airplanes being op­ P aul A. Nicholson, percent per year. erated under Part 121, because their Deputy Director, Fruit and Veg­ Electrical failures which result in the flight characteristics and speed require etable Division, Consumer and loss of one or more attitude indicating more precise control of aircraft attitude Marketing Service, instruments are less frequent (on the than is required of large reciprocating [F.R. Doc. 69-7142; Filed, June 16, 1969; order of 0.1 per 1,000 hours), but increase powered aircraft and their operating 8:47 a.m.] the probability of dual failures. As an record has shown them to be more “prone example of these failures, in March to upset.” 1962, a scheduled air carrier flight, There are several sources that could while cruising at 29,000 feet, experienced be used to power an additional attitude DEPARTMENT OF complete loss of electrical power except indicating instrument system, each in­ for battery emergency lights. Attempts dependent of the airplane’s normal elec­ TRANSPORTATION were made to restore power without suc­ trical generating system. One method cess and after 53 minutes the airplane would be to connect the additional at­ Federal Aviation Administration was safely landed at a military airport. titude instrument system to the air­ In March 1967, a scheduled airline plane’s battery through a separate static E14 CFR Parts 25, 91, 121 1 transcontinental flight lost all four inverter. Another would be to connect [Docket No. 9653; Notice 69-26] generators (alternators) en route. The the instrument to a separate nickel- aircraft made a VFR approach and cadmium battery through the system’s ADDITIONAL ATTITUDE INSTRUMENT landed safely at its destination. own static inverter. In any case, we be­ IN LARGE TURBOJET AIRPLANES More recently, during 1969, an air carrier airplane was involved in an acci­ lieve the source should be capable of op­ Proposed Requirement dent and it is known that the airplane erating the instrument for a minimum of experienced a total electrical failure. 30 minutes after total failure of the air­ The Federal Aviation Administration In addition, since December 1968, plane’s electrical generating system. The has under consideration a proposal to there have been four reported instances system also should have the capability amend Parts 25, 91, and 121 of the Fed­ of attitude instrument failure in large of accurate presentation without manual eral Aviation Regulations to require a turbojet airplanes, each case requiring switching should the airplane’s generat­ third (additional) attitude indicating in-flight corrective action. In one of ing system fail. These requirements instrument, operating from a source of these cases, as a direct consequence of would give the flight crew sufficient time power independent of the normal elec­ the malfunctioning instrument, struc­ to take corrective action, or land, as the trical generating system, on all large tural damage resulted to the plane when situation may warrant, without addi­ turbojet powered airplanes operated un­ the design load factors were exceeded. tional risks from lack of a basic reference der Part 121; and to permit certification Consideration must also be given to the instrument. and operation of airplanes without a One year should allow sufficient time gyroscopic rate of turn instrument in­ undetected failure of a single attitude instrument being used by the pilot at the for the procurement, programing, and stalled, if equipped with an additional at­ controls. A warning flag is expected when installation of the additional attitude titude indicating instrument as proposed. the instrument malfunctions, but there indicating system proposed. Accordingly; Persons holding certificates issued are many cases of reported discrepancies if adopted, the amendment would re­ under Parts 123 and 135 who operate between the pilot’s and copilot’s attitude quire compliance 1 year from the effec­ large turbojet powered airplanes under instruments when no warning flags ap­ tive date of the amendment. the operating rules of Part 121 of the peared. It is a natural tendency in a In addition to the foregoing, the FAA Federal Aviation Regulations would be situation of this kind for the pilot at the is proposing to amend Parts 25, 91, and subject to this proposed requirement, if controls to continue to follow the faulty 121 of the Federal Aviation Regulations adopted. instrument in his scan pattern without to the extent necessary to permit cer­ Interested persons are invited to par­ knowledge of the malfunction. In fact, if tification and operation of an airplane ticipate in the making of the proposed the pilot’s instrument is the one giving without a gyroscopic rate of turn instru­ rule by submitting such written data, the erroneous reading he probably will ment, if the airplane is equipped with an views, or arguments as they may desire. not know it until the effect is felt by an additional instrument system as pro­ Communications should identify the reg­ increase in “g” forces, the effect shows posed herein for large turbojet powered ulatory docket or notice number and be on another flight instrument, or it is airplanes. With respect to this proposal, submitted in duplicate to: Federal Avia­ brought to his attention by the copilot. the agency particularly requests com­ tion Administration, Office of the Gen­ In any event, a potentially dangerous ment upon the feasibility and desirability eral Counsel, Attention: Rules Docket situation exists and a separate “gyro of such an amendment.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 PROPOSED RULE MAKING 9457

In consideration of the foregoing, it is F ederal R egister will be considered be­ Issued in Honolulu, Hawaii, on June 4, proposed to amend the Federal Aviation fore action is taken on the proposed 1969. Regulations as follows: amendments. No public hearing is con­ W. C. Moore, 1. By amending Parts 25, 91, and 121 templated at this time, but arrange­ Captain, U.S. Navy, to the extent necessary to permit the ments for informal conferences with Acting Director, Pacific Region. certification and operation of an air­ Federal Aviation Administration offi­ [F.R. Doc. 69-7091; Filed, June 16, 1969; plane without a gyroscopic rate of turn cials may be made by contacting the 8:45 a.m.j instrument when it is equipped with an Regional Air Traffic Division Chief. Any additional gyroscopic bank and pitch in­ data, views, or arguments presented dur­ dicator system (artificial horizon) as ing such conferences must be also sub­ proposed herein for large turbojet pow­ mitted in writing in accordance with this FEDERAL TRADE COMMISSION ered airplanes. notice in order to become part of the 2. By amending Part 121 by adding . record for consideration. The proposals [ 16 CFR Part 4 1 the following paragraph to § 121.305: * contained in this notice may be changed RELEASE OF CONFIDENTIAL § 121.305 Flight and navigation equip­ in the light of comments received. INFORMATION ment. An official docket will be available for examination by interested persons in the Notice of Opportunity To Present * * * * * Office of the Regional Counsel, 1833 Ka- (j)'After (1 year from adoption), on Written Views, Suggestions or lakaua Avenue, Honolulu, Hawaii. Objections large turbojet powered airplanes, in ad­ The proposed part-time control zone dition to two gyroscopic bank and pitch and alteration of. the 700-foot transition The Federal Trade Commission is con­ indicators (artificial horizons) for use area are required to provide controlled sidering amending Part 4 of the rules at the pilot stations, a third such instru­ airspace for aircraft executing instru­ of practice by revising § 4.11 which ment which: ment approach and departure procedures provides for the release of confidential (1) Is powered from a source inde­ at the Kamuela Airport. The alteration information, for good cause shown, con­ pendent of the electrical generating of the 1,200-foot transition area will pro­ tained in its books and records. system; vide controlled airspace for direct flight Interested persons may file written (2) Is capable of reliable operation for from the Upolu Point VORTAC to the data, views, or argument for considera­ a minimum of 30 minutes after total Jackson intersection and transition be­ tion in connection with this proposal not failure of the electrical generating tween airways. Weather reporting serv­ later than July 16, 1969, with the Secre­ system; ice will be available from 7:3(1 a.m. to tary, Federal Trade Commission, Penn­ (3) Operates independently of any 5:30 p.m. local standard time daily. Com­ sylvania Avenue and Sixth Street NW., other attitude indicating system; munications and air traffic control serv­ Washington, D.C. 20580. All comments (4) Is operative without manual se­ ice will be available through the Kona submitted in writing will be available lection after total failure of the electri­ Combined Station/Tower and the Hono­ for examination at the Federal Trade cal generating system; and lulu ARTCC. Commission, Pennsylvania Avenue and (5) Is located before the pilot in In consideration of the foregoing, the Sixth Street NW., in Room 130, Wash­ command in the manner required by FAA proposes the following airspace ington, D.C. § 25.1321(b) of this chapter. actions: The proposed amendments are as This amendment is proposed under the follows: authority of sections 307 and 313 of the In § 71.171 (34 F.R. 4557) the follow­ Federal Aviation Act of 1958 (49 U.S.C. ing control zone is added: § 4.11 Release of confidential informa­ 1348, and 1354), and of section 6(c) of K amuela, H aw aii tion. the Department of Transportation Act Within a 5-mile radius of the Kamuela (a) The Commission may by order (49 U.S.C. 1655(c)). Airport [lat. 20°00'17" N., long. 155°40'16" direct that certain records, files, papers, Issued in Washington, D.C., on June 11, W.), and within an area 2 miles on the north­ or information contained in its con­ 1969. west side and 3 miles on the southeast side fidential records be made public or dis­ of the Kamuela VOR 063° radial, extending closed to a particular applicant. To the R. S. Sliff, from the 5-mile radius zone to 9 miles north­ Acting Director, east of the Kamuela VOR. This control zone extent that copies of such records are Flight Standards Service. is effective following the specific date and provided by the Commission, the fees during times established in advance by a prescribed in § 4.8(c) will apply. [F.R. Doc. 69-7090; Filed, June 16, 1969; Notice to Airmen. The effective times will (b) Request by a member of the public 8:45 a.m.] thereafter be continuously published in the for such disclosure shall be in writing, Pacific Chart Supplement. addressed to the Secretary of the Com­ [ 14 CFR Part 71 ] The Kamuela transition area described mission, and shall set forth the interest of the applicant in the subject matter; [Airspace Docket No. 69-PC-2] in § 71.181 (34 F.R. 4637) would be re­ designated as: a description of the specific information, CONTROL ZONE AND TRANSITION files, documents, or other material, in­ K amuela, H awaii spection of which is requested; whether AREAS That airspace extending upward from 700 copies are desired; and the purpose for Proposed Designation and Alteration feet above the surface within a 5-mile radius which the information or material, or of the Kamuela Airport (lat. 20°0p'17'' N., copies, will be used if the request is The Federal Aviation Administration long. 155°40'16" W.); within an area 2 miles granted. is considering amendments to Part 71 of on the northwest side and 3 miles on the (c) In the event that information the Federal Aviation Regulations which southeast side of the Kamuela VOR 063° radial, extending from the 5-mile radius contained in the confidential records of would designate a part-time control zone area to 11.5 miles northeast of the Kamuela the Commission is desired for inspection, and alter the transition areas for the VOR; and that airspace extending upward copying, or use by another governmental Kamuela Airport, Kamuela, Hawaii. from 1,200 feet above the surface bound on agency, a request therefor may be made Interested persons may participate in the north by,V-16, on the west by V -ll, and by the administrative head of the the proposed rule-making by submitting on the southeast by V-3 and the Kamuela agency. Such request shall be in writing, such written data, views, or arguments control zone. addressed to the Secretary of the Com­ as they may desire. Communications These amendments are proposed under mission, and shall describe the informa­ should be submitted in triplicate to the the authority of sec. 307(a) of the Fed­ tion or material desired, its relevancy to Chief, Air Traffic Division, Federal Avia­ eral Aviation Act of 1958 (49 U.S.C. 1348 to the work and function of the agency, tion Administration, Post Office Box and, if the production of documents or 4009, Honolulu, Hawaii 96812. All com­ (a )) and of sec. 6(c) of the Department records or the taking of copies thereof munications received within* 30 days of Transportation Act (49 U.S.C. 1655 is asked, the use which is intended to after publication of this notice in the (c)). be made of them.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9458 PROPOSED RULE MAKING (d) Any official or employee of theformation called for, basing his refusal writing within ten (10) days, or within Commission who is served with a sub­ on this paragraph. such other time as may be allowed by the poena or other compulsory process, ex­ (e) The Commission will consider andCommission, as to why the specified rec­ cept a subpoena issued within the scope act upon requests and compulsory proc­ ords or information should not be re­ of § 3.36 of this chapter, requiring the ess under this section with due regard for leased, the request for disclosure will be production of any document or record statutory restrictions, its rules and the granted. Failure to respond to such notice or the disclosure of any information public interest, and the established legal within the time allowed, or failure to which is designated in § 4.10 as a part of standards for determining whether justi­ show good cause for nondisclosure, shall the confidential records of the Commis­ fication exists for the disclosure of the constitute sufficient basis, if the Commis­ sion, shall promptly advise the Com­ confidential information and records. In sion so determines, for the disclosure; but mission of the service of such subpoena such consideration and action it is the if there is a response, the notice and all or other compulsory process, the nature policy of the Commission to favor maxi­ communications with respect thereto of the documents or information sought, mum disclosure. When the Commission’s shall not be disclosed by the Commission. and all relevant facts and circumstances. consideration of the request or compul­ (Sec. 6, 88 Stat. 721; 15 U.S.C. 46) If the official or employee so served has sory process, and of the specified confi­ not received instructions from the Com­ dential records, satisfies it that there is Issued: May 21, 1969. mission prior to the return date of the substantial justification for disclosure, By direction of the Commission. the Commission will, where appropriate subpoena or other compulsory process, and applicable, notify the source of such [seal] J oseph W. Shea, he shall appear in response thereto and records that a request or compulsory Secretary. respectfully decline to produce the docu­ process for disclosure has been received, [F.R. Doc. 69-7115; Filed, June 16, 1969; ments or records or to disclose the in- and that unless good cause is shown in 8:46 a.m.j

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9459 Notices

application the comment pertains; and optical properties of nerves during their DEPARTMENT OF THE INTERIOR the comment filed with the Director must activity. Changes in optical properties certify that such copy has been mailed are of interest because they provide in­ Bureau of Land Management or delivered to the applicant. formation about what happens to -the NEW MEXICO Docket No. 69-00616-25-62700. Appli­ structure of nerve cells during their ac­ cant: Clarkson College of Technology, tivity. The changes in optical properties Modification of Grazing District Potsdam, N.Y. 13676. Article: Electro­ result in changes in light intensity reach­ No. 1; Correction lytic tank plotting unit. Manufacturer: ing a photodetector. Since these changes F. C. Robinson & Partners, Ltd., United are very much smaller than the noise In. PR , Doc. 69-5370 (34 F.R. 7335- Kingdom. Intended use of article: The level, many sweeps must be averaged be­ 7338), in the issue of May 6, 1969, the article will be used by undergraduate fore a change can be measured. Applica­ following corrections are hereby made: students in courses in electromechanical tion received by Commissioner of Cus­ At page 7335, change “Tps. 9, 10, and energy conversion. The use of this article toms: May 19,1969. 11 N., R. 2 E.,” to “Tps. 8,9,10, and 11 N„ will make possible the precise plotting Docket No. 69-00621-33-46040. Appli­ R. 2 E.” of fields with a minimum of error due cant: Lenox Hill Hospital, 100 East 77th At page 7337, add “Secs. 4 and 5, frac­ to boundry effects and polarization. Fur­ Street, New York, N.Y. 10021. Article: tional between “T. 9 N., R. 1 W.” and ther research will require the plotting Electron microscope, Model Elmiskop “Secs. 10 to 15, inclusive, fractional.” of electric fields in the vicinity of in­ 101. Manufacturer: Siemens AG, West J ohn O. Crow, sulators and conductors in high voltage Germany. Intended use of article: The Associate Director. power work. Application received by article will be used by several investi­ J une 9, 1969. Commissioner of Customs: May 19, gators for various projects. A study is [F.R. Doc. 69-7096; Filed, June 16, 1969; 1969. being made of a very recently discovered 8:46 a.m.] Docket No. 69-00617-33-46040. Appli­ virus which is present in the oocysts of cant: University of Colorado Medical avian malarial parasite, Plasmodium Center and Webb-Waring Institute for gallinaceum which in turn infects Aedes Medical Research, 4200 East Ninth Ave­ aegypti mosquitoes. Another involves the DEPARTMENT OF COMMERCE nue, Denver, Colo. 80220. Article: Elec­ ultrastructural study of various renal tron Microscope, Model EM 300. Manu­ glomerular diseases taken from patient Business and Defense Services facturer: Philips Electronic Instruments, biopsies. Application received by Com­ Administration The Netherlands. Intended use of arti­ missioner of Customs: May 19, 1969. cle: The article will be used for studies Docket No. 69-00622-33-46500. Appli­ CLARKSON COLLEGE OF given in detail of the following types of cant: University of Minnesota, College of TECHNOLOGY ET AL. specimens: Veterinary Medicine, St. Paul, Minn. 1. Tissues of lung and nerve. Notice of Applications for Duty-Free 55101. Article: Ultramicrotome, Model 2. The examination of cells from cul­ LKB 8800A. Manufacturer: LKB Produk­ Entry of Scientific Articles tures of lung, nerve, and bacteria. ter AB, Sweden. Intended use of article: The following are notices of the re­ 3. To study cell fractions prepared The article will be used to produce ultra- ceipt of applications for duty-free entry from lung, nerve, and bacteria. thin sections for electron microscopic of scientific articles pursuant to section 4. The study of macromolecules iso­ examination. The primary uses will be 6(c) of the Educational, Scientific, and lated from previous mentioned speci­ for high resolution electron microscopy Cultural Materials Importation Act of mens. involving the ultrastructure of the nu­ 1966 (Public Law 89-651; 80 Stat. 897). Application received by Commissioner of cleus of neoplastic cells and the study of Interested persons may present their Customs: May 19, 1969. demyelinating diseases of the nervous views with respect to the question of Docket No. 69-00618-33-46500. Appli­ system. For quantitative work in ultra­ whether an instrument or apparatus of cant: Wabash College, Crawfordsville, structure it is necessary to cut long series equivalent scientific value for the pur­ Ind. 47933. Article: Ultramicrotome, of equal thickness serial sections and to poses for which the article is intended Model LKB 8800. Manufacturer: l k r be able to quickly and easily change the to be used is being manufactured in the Produkter AB, Sweden. Intended use of thickness of the sections from 50 ang­ United States. Such comments must be article: The article will be used to pro­ stroms to 2 microns. Application received filed in triplicate with the Director, duce ultrathin sections for electron by Commissioner of Customs: May 19, Scientific Instrument Evaluation Divi­ microscopic examination. The primary 1969. sion, Business and Defense Services Ad­ uses are for developing egg cells and Charley M. Denton, ministration, Washington, D.C. 20230, chambers of Drosphilia. Cellular recon­ Assistant Administrator for In­ within 20 calendar days after date on structions of this type require that the dustry Operations, Business which this notice of application is pub­ sections be cut extremely thin to deter­ and Defense Services Admin­ lished in the F ederal R egister. mine specific intracellular relationships. istration. Regulations issued under cited Act, Equal thickness serial sections are man­ [F.R. Doc. 69-7076; Filed, June 16, 1969; published in the February 4, 1967, issue datory and the thickness must easily be 8:45 a.m.] of the F ederal R egister, prescribe the varied by the operator between 50 ang­ requirements applicable to comments. stroms and 2 microns. Application re­ A copy of each application is on file, ceived by Commissioner of Customs: FLORIDA STATE UNIVERSITY and may be examined during ordinary May 19, 1969. Commerce Department business horns at Docket No. 69-00619-33-74600. Appli­ Notice of Decision on Application for the Scientific Instrument Evaluation cant: Yale University, Bureau of Pur­ Duty-Free Entry of Scientific Article Division, Department of Commerce, chases, 20 Ashmun Street, New Haven, Washington, D.C. Conn. 06520. Article: Signal analyser, The following is a decision on an ap­ A copy of each comment filed with Model Biomac 1000, and integrator. Man­ plication for duty-free entry of a scien­ the Director of the Scientific Instru­ ufacturer: Data Lab. Ltd., United King­ tific article pursuant to section 6(c) of ment Evaluation Division must also be dom. Intended use of article: the article the Educational, Scientific, and Cultural mailed or delivered to the applicant, or will be used mainly as a signal averager Materials Importation Act of 1966 (Pub­ its authorized agent, if any, to whose for experiments measuring changes in lic Law 89-651, 80 Stat. 897) and the

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9460 NOTICES

regulations issued thereunder (32 F.R. KOSAIR CRIPPLED CHILDREN A copy of the record pertaining to this 2433 et seq.). HOSPITAL decision is available for public review A copy of the record pertaining to this during ordinary business hours of the decision is available for public review Notice of Decision on Application for Department of Commerce, at the Scien­ during ordinary business hours of the Duty-Free Entry of Scientific Article tific Instrument Evaluation Division, De­ Department of Commerce, at the Scien­ partment of Commerce, Washington, tific Instrument Evaluation Division, The following is a decision on an ap­ D.C. Department of Commerce, Washington, plication for duty-free entry of a scien­ Docket No. 69-00326-01-78030. Appli­ D.C. tific article pursuant to section 6(c) of the Educational, Scientific, and Cultural cant: Michigan State University, Depart­ Docket No. 69-00286-33-46070. Ap­ Materials Importation Act of 1966 (Pub­ ment of Chemistry, East Lansing, Mich. plicant: Florida State University, De­ 48823. Article: Spectrophotometer, Model lic Law 89-651, 80 Stat. 897) and the 225. Manufacturer: Bodenseewerk Per- partment of Biological Science, Talla­ regulations issued thereunder (32 F.R. hassee, Fla. 32306. Article: Scanning 2433 et seq.) . kin-Elmer & Co. GmbH., West Germany. electron microscope, Model Stereoscan Intended use of article: The article will MK IIA. Manufacturer: Cambridge A copy of the record pertaining to this be used for high resolution studies of Equipment Co., United Kingdom. In­ decision is available for public review gases and crystals. Among the gaseous tended use of article: The article will be during ordinary business hours of the molecules to be studied are the hydrogen used primarily to examine biological ma­ Department of Commerce, at the Scien­ halides (HX) and methyl halides (CHsX) terial. Since not too much is known con­ tific Instrument Evaluation Division, De­ in the regions of the fundamental and cerning the use in this field, the applicant partment of Commerce, Washington, overtone vibrations. Simple molecular anticipates a great deal of developmental D.C. and ionic crystals will also be studied. In work. To date studies have been made of Docket No. 69-00354-33-6i200. Appli­ this case, the capabilities of resolving sensory tissue from insects and mam­ cant: Kosair Crippled Children Hospital, splittings due to intermolecular coupling, mals. Of particular interest are studies of 982 Eastern Parkway, Louisville, Ky. and isotopic shifts, will be required. Com­ the olfactory structure in a series of 40217. Article: Table for correction of ments: No comments have been received animals and visual structures in insects. spine deformities. Manufacturer: Ets with respect to this application. Decision: Also, the applicant is studying the mor­ Belembert Constructeur, France. In­ Application approved. No instrument or phology of taste papillae, both fungiform tended use of article: The article will be apparatus of equivalent scientific value and circumvallate. The microvilli of the used in connection with research pro­ to the foreign article, for the purposes taste receptors in the inner pore of the gram on scoliosis deformities. The ar­ for which such article is intended to be taste buds are of particular concern. A ticle has a type of traction factor as used, is being manufactured in the United number of graduate students will use the well as a derotation factor unavailable States. Reasons: The foreign article is an microscope in conjunction with their on any domestically manufactured table. infrared recording spectrophotometer research problems. Comments: No com­ These features have already been clearly which is capable of scanning the wave ments have been received with respect to pointed out in photographs to show cor­ member range 5,000 to 200 reciprocal this application. Decision: Application rection of the rib hump or gibbous. Com­ centimeters (CM-1). The most closely approved. No instrument or apparatus ments: No comments have been received comparable domestic instrument is the of equivalent scientific value to the for­ with respect to this application. De­ Model IR-12 manufactured by Beckman eign article, for such purposes as this cision: Application approved. No instru­ Instruments, Inc., which has a wave article is intended to be used, was being ment or apparatus of equivalent scien­ number range of 4,000 to 200 reciprocal manufactured in the United States and tific value to the foreign article, for the centimeters. For the purposes for which was available to the applicant within a purposes for which such article is in­ the foreign article is intended to be used, reasonable delivery time as defined in tended to be used, is being manufactured the additional upper range is a pertinent § 602.1(f) (2) of the above-cited regula­ in the United States. Reasons: The for­ characteristic. For this reason, we find tions. Reasons: At the time the applicant eign article is a treating table which that the Beckman Model IR-12 is not of decided to purchase the foreign article, combines traction with derotation to be equivalent scientific value to the foreign the only scanning electron microscope used in a research and educational pro­ article for the purposes for which the being manufactured in the United States gram on scoliosis deformities. We are article is intended to be used. was the Model SM-1 manufactured by advised by the Department of Health, The Department of Commerce knows the K Square Corp. (K Square) which Education, and Welfare in a memoran­ of no other instrument or apparatus of provided a guaranteed resolution of 500 dum dated April 9, 1969, that derotation equivalent scientific value to the foreign angstroms. The guaranteed resolution is pertinent to the purposes for which article, for the purposes for which such of the foreign article is 300 angstroms. the foreign article is intended to be used and there is no known equivalent in­ article is intended to be used, which is (The lower the numerical rating in terms strument or apparatus produced in the being manufactured in the United States. of angstrom units, the better the reso­ United States. Charley M. Denton, lution.) We have been advised by the Charley M. D enton, Assistant Administrator for In­ Department of Health, Education, and Assistant Administrator for In­ dustry Operations, Business Welfare (HEW) that for the purposes dustry Operations, Business and Defense Services Admin­ for which the foreign article is intended and Defense Services Admin­ istration. to be used, the best attainable resolution istration. [F.R. Doc. 69-7079; Filed, June 16, 1969; is a pertinent characteristic. [P.R. Doc. 69-7078; Piled, June 16, 1969; 8:45 a.m.] The Department of Commerce knows 8:45 a.m.] of no other instrument or apparatus of NATIONAL INSTITUTES OF HEALTH equivalent scientific value to the foreign MICHIGAN STATE UNIVERSITY article, for the purposes for which such Notice of Decision on Application for Notice of Decision on Application for Duty-Free Entry of Scientific Article article is intended to be used, which is Duty-Free Entry of Scientific Article being manufactured in the United States. The following is a decision on an ap­ The following is a decision on an ap­ plication for duty-free entry of a scien­ Charley M. Denton, plication for duty-free entry of a scien­ Assistant Administrator for tific article pursuant to section 6(c) of tific article pursuant to section 6(c) of Industry Operations Business the Educational, Scientific, and Cultural the Educational, Scientific, and Cultural and Defense Services Ad­ Materials Importation Act of 1966 (Pub­ Materials Importation Act of 1966 (Pub­ ministration. lic Law 89-651, 80 Stat. 897) and the lic Law 89-651, 80 Stat. 897) and the [F.R. Doc. 69-7077; Piled, June 16, 1969; regulations issued thereunder (32 F.R. regulations issued thereunder (32 F.R. 8:45 a.m.] 2433 et seq.). 2433 et seq.).

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9461 A copy of the record pertaining to this TULANE UNIVERSITY ET AL. for biological research in the following decision is available for public review areas: during ordinary business hours of the Notice of Applications for Duty-Free a. Changes in the nervous system and Department of Commerce, at the Scien­ Entry of Scientific Articles tific Instrument Evaluation Division, De­ liver in response to toxic and physical partment of Commerce, Washington. The following are notices of the receipt agents. D.C of applications for duty-free entry of b. Mitochondrial membrane changes scientific articles pursuant to section 6 as related to biochemical enzyme func­ Docket No. 69-00293-33-46040. Appli­ tion. cant: National Institutes of Health, 9000 (c) of the Educational, Scientific, and Rockville Pike, Bethesda, Md. 20014. Arti­ Cultural Materials Importation Act of c. Examination of macromolecules to cle: Electron microscope,. Model EM 300 1966 (Public Law 89-651; 80 Stat. 897). characterize the size and shape and to and accessories. Manufacturer: Philips Interested persons may present their compare the differences after isolation Electronic Instruments, The Netherlands. views with respect to the question of under diverse metabolic states. Intended use of article: The article will whether an instrument or apparatus of d. Virus isolates and their effects in be used for studies on the structural and equivalent scientific value for the pur­ producting congenital deformities in metabolic effects of hormones in adipose poses for which the article is intended marmosa monkeys, and rats. tissue, liver, blood vessels, and other tis­ to be used is being manufactured in the e. Changes in the adrenal cortex of sues. It will also be used in highly spe­ United States. Such comments must be rats under various physiologic states and cialized investigations (e.g. of cell mem­ filed in triplicate with the Director, m the human fetal adrenals at various branes and other fine structures) and in Scientific Instrument Evaluation Divi­ ages of gestation and in normal and dis­ routine work at the highest resolution. sion, Business and Defense Services Ad­ eased muscle of human, monkey, guinea Comments: No comments have been re­ ministration, Washington, D.C. 20230, pig, mouse, rat, and chicken. ceived with respect to this application. within 20 calendar days after date on f. Three dimensional reconstruction to Decision: Application approved. No in­ which this notice of application is pub­ study relationships and interconnections strument or apparatus of equivalent lished in the F ederal R egister." of cellular organelles in the adrenal cor­ scientific value to the foreign article for Regulations issued under cited Act, tex of rats and frogs requiring magnifi­ such purposes as this article is intended published in the February 4, 1967, issue cations of X 30,000-X 70,000 on the to be used, was being manufactured in of the F ederal R egister, prescribe the microscope screen. the United States at the time the appli­ requirements applicable to comments. Application received by Commissioner of cant placed a bona fide order for the arti­ A copy of each application is on file, Customs: May 28, 1969. cle. Reasons: Applicant placed the order and may be examined during ordinary Docket No. 69-00639-99-62800. Appli- for the foreign article on June 17, 1968. Commerce Department business hours at Ohio University, Athens, Ohio At that time, the only electron micro­ the Scientific Instrument Evaluation 45701. Article: Pneumatic servo mech­ scope being manufactured in the United Division, Department of Commerce anism, Type PCM 140. Manufacturer: States was the Model EMU-4 of the Washington, D.C. Feedback Ltd., United Kingdom. In­ Radio Corp. of America (RCA). The for­ A copy of each comment filed with the tended use of article: The article will eign article has a guaranteed resolving Director of the Scientific Instrument be used as a teaching aid by the instruc­ capability of 5 angstroms, whereas the Evaluation Division must also be mailed tor to demonstrate the characteristics of RCA Model EMU-4 had a resolving capa­ or delivered to the applicant, or its au­ automatic control systems of various bility of 8 angstroms. (The lower the nu­ thorized agent, if any, to whose applica­ orders of complexity and to show how merical rating in terms of angstrom tion the comment pertains; and the com­ these overall characteristics may be af­ units, the better the resolving capability.) ment filed with the Director must certify fected by changing the parameters and For the purposes for which the foreign that such copy has been mailed or de­ individual system components. Also, the article is intended to be used, the addi­ livered to the applicant. article will be used by students in labora­ tional resolving capability of the foreign Docket No. 69-00637-33-46040. Ap­ tory sessions where they will verify article is a pertinent characteristic. The plicant: Tulane University School of theories developed in the classroom by foreign article also provides accelerating Medicine, 1430 Tulane Avenue New conducting quantitative experiments voltages of 20, 40, 60, 80, and 100 kilo­ Orleans, La. 70112. Article: Electron using the article. Application received by volts, whereas the RCA Model EMU-4 microscope, Model JEM 100B with spare Commissioner of Customs: May 28, 1969. parts and accessories. Manufacturer* provided only 50- and 100-kilovolt ac­ Docket No. 69-00641-00-00500. Appli­ celerating voltages. The lower accelerat­ Japan Electron Optics Laboratory Co,, cant: University of California, Los ing voltages afford optimum contrast for Ltd., Japan. Intended use of article: The Alamos Scientific Laboratory, Post Office unstained specimens and the voltages in­ article will be used by certain investi­ Box 990, Los Alamos, N. Mex. 87544 termediate between 50 and 100 kilovolts gators in the field of fine structure of the Article: Accelerator tube. Manufacturer*’ afford optimum contrast for negatively nervous system, and for high-resolution work to be carried out by the faculty. Dowlish Developments Ltd., United stained specimens. For the purposes for Kingdom. Intended use of article: The which the foreign article is intended to Investigations currently in progress in­ clude those described below: artide will be used to replace a present be used, the additional accelerating volt­ tube fabricated at the Los Alamos Lab­ ages of the foreign article are pertinent 1. Fine structure of the nervous oratory . The article will allow the opera­ characteristics. For the foregoing rea­ system. sons, we find that the RCA Model EMU-4 2. Fine structure of interneurons and tion of the accelerator at higher voltages synapses. making possible higher energy particles is not of equivalent scientific value to the for nuclear physics research. Applica­ foreign article for such purposes as this 3. Electronmicroscopic and EM radio tion received by Commissioner of Cus­ article is intended to be used. autographic studies of synthesis and toms: May 28,1969. The Department of Commerce knows release of certain hormones produced in of no other instrument or apparatus of the hypothalamus. Charley M. Denton, equivalent scientific value to the foreign 4. Electroncytochemistry and E.M Assistant Administrator for I n ­ article, for such purposes as this article radio-autography. dustry Operations, Business is intended to be used, which was being 5. Heart innervation. and Defense Services- Admin­ manufactured in the United States at the Application received by Commissioner of istration. time the applicant placed a bona fide Customs: May 27, 1969. [F.R. Doc. 69-7081; Piled, June 16, 1969* order for the article. Docket No>. 69-00638-33-46040 Ap­ 8:45 a.m.j Charley M. Denton, plicant: University of California, Davis Assistant Administrator for In­ School of Medicine, Davis, Calif. 95616! UNIVERSITY OF CALIFORNIA dustry Operations, Business Article: Electron microscope, Model EM and Defense Services Admin­ 801. Manufacturer: GEC—AEI Elec­ Notice of Decision on Application for istration. tronics, Ltd., United Kingdom. Intended Duty-Free Entry of Scientific Article Use of Article: The article will be used [F.R. Doc. 09-7080; Piled, June 16, 1909- The following is a decision on an ap­ 8:45 a.m.] by graduate students, predoctoral and plication for duty-free entry of a scien­ postdoctoral fellows in these laboratories tific article pursuant to section 6(c) of FEDERAL No. 115------7 REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE i; 7, 1969 9462 NOTICES the Educational, Scientific, and Cultural lic Law 89-651, 80 Stat. 897) and the ulations issued thereunder (32 F.R. 2433 Materials Importation Act of 1966 (Pub­ regulations issued thereunder (32 F.R. et seq.). lic Law 89-651, 80 Stat. 897) and the 2433 et seq.). A copy of the record pertaining to this A copy of the record pertaining to this- decision is available for public review regulations issued thereunder (32 F.R. during ordinary business hours of the 2433 et seq.). decision is available for public review A copy of the record pertaining to this during ordinary business hours of the Department of Commerce, at the Scien­ decision is available for public review Department of Commerce, at the Scien­ tific Instrument Evaluation Division, during ordinary business hours of the tific Instrument Evaluation Division, De­ Department of Commerce, Washington, Department of Commerce, at the Scien­ partment of Commerce, Washington, D.C. tific Instrument Evaluation Division, D.C. Docket No. 69-00275-65-61060. Appli­ Docket No. 69-00302-65-46040. Appli­ cant: The University of Michigan, Pur­ Department of Commerce, Washington, chasing Office, Ann Arbor, Mich. 48105. D.C. cant: University of Maryland, Depart­ Docket No. 69-00327-56-07730. Appli­ ment of Mechanical Engineering, Col­ Article: Biaxial stress tester. Manufac­ cant: University of California, San lege Park, Md. 20740. Article: Electron turer: Mand Precision Engineering Co., Diego, Scripps Institution of Oceanog­ microscope, HU-200E. Manufacturer: Ltd., United Kingdom. Intended use of raphy, Post Office Box 109, La Jolla, Hitachi, Ltd., Japan. Intended use of article: The article will be used in cer-, article: The article will be used in study­ tain formal laboratory experiments Calif. 92037. Article: Guinier-Hagg X- where a comparison between strain Ray diffraction instrument, Model XDC- ing the configurations of imperfections 700. Manufacturer: Incentive Research in metals and alloys so as to arrive at hardening behavior due to uniaxial ten­ and Development AB, Sweden. Intended the underlying problems of strength, sion and balanced biaxial tension can ductility, brittleness, fracture, creep, be made by students. In addition, the use of article: The article will be used tester will be used in formal research for educational purposes in courses SIO fatigue, etc. A significant effort is also being made to study the structures of studies. Comments: No comments have 199, 209, 246, and 264; and in courses polymers as well as to problems relating been received with respect to this ap­ AEP 171,174, and 294. It will also be used to oxidation. Comments: No comments plication. Decision: Application ap­ extensively in graduate student research have been received with respect to this proved. No instrument or apparatus of in the following areas: application. Decision: Application ap­ equivalent scientific value to the foreign a. Investigation of the lunar material proved. No instrument or apparatus of article, for the purposes for which such returned to Earth as part of the Apollo equivalent scientific value to the foreign article is intended to be used, is being program; article, for such purposes as this article manufactured in the United States. Rea­ b. Research on the structure of man­ is intended to be used, is being manufac­ sons: The foreign article is a biaxial ganese concretion minerals on the ocean tured in the United States. Reasons: The stress tester intended to be used for test­ floor; foreign article provides an accelerating ing sheet metal when subjected to c. Research on superconducting com­ voltage of 200 kilovolts. The most close­ biaxial tension for true stress—true pounds. ly comparable instrument being manu­ strain information and for experiments Comments: No comments have been re­ factured in the United States is the where a comparison between strain ceived with respect to this application. Radio Corp. of America’s (RCA) Model hardening behavior due to uniaxial ten­ Decision: Application approved. No. in­ EMU-4B electron microscope which pro­ sion and balanced biaxial tension will be strument or apparatus of equivalent vides a maximum of 100-kilovolt acceler­ made. We are advised by the National scientific value to the foreign article, ating voltage. We are advised by the Na­ Bureau of Standards (NBS), in a memo­ for the purposes for which such article tional Bureau of Standards (NBS) in its randum dated March 17,1969, that there is intended to be used, is being manu­ memorandum dated March 21,1969, that is no known domestic instrument which factured in the United States. Reasons: the additional penetrating power avail­ is capable of fulfilling the purposes for The foreign article is an X-ray diffrac­ able with 200-kilovolt accelerating volt­ which the foreign apparatus is intended tion instrument which has the capabili­ age will allow the applicant to study to be used. ties of a built-in crystal monochromator, thicker metallurgical specimens and, The Department of Commerce knows a focusing system for the X-ray beam consequently, permit the direct correla­ of no other instrument or apparatus of and a vacuum enclosure for the entire tion between the results of the experi­ equivalent scientific value to the foreign system. We are advised by the National ment and the behavior of bulk specimens. article, for the purposes for which such Bureau of Standards (NBS) in a memo­ For such experiments, NBS finds that article is intended to be used, which is randum dated March 17, 1969, that the the 200-kilovolt accelerating Voltage being manufactured in the United States. capabilities for focusing the X-ray beam, of the foreign article to be a pertinent Charley M. D enton, monochromatizing the X-rays and the characteristic. Assistant Administrator for system vacuum enclosure are all perti­ The Department of Commerce knows Industry Operations, Business nent to the purposes for which the for­ of no other instrument or apparatus be­ and Defense Services Admin­ eign article is intended to be used. NBS ing manufactured in the United States istration. further advises that it knows of no in­ which is of equivalent scientific value to the foreign article for such purposes as [F.R. Doc. 69-7086; Filed, June 16, 1969; strument or apparatus being manufac­ 8:45 a.m.] tured in the United States, which this article is intended to be used. provides these pertinent characteristics. Charley M. D enton, Charley M. D enton, Assistant Administrator for In­ UNIVERSITY OF TEXAS ET AL. Assistant Administrator for In­ dustry Operations, Business Notice of Applications for Duty-Free dustry Operations, Business and Defense Services Admin­ and Defense Services Admin­ istration. Entry of Scientific Articles istration. [F.R. Doc. 69-7085; Filed, June 16, 1969; The following are notices of the receipt [F.R. Doc. 69-7084; Filed, June 16, 1969; 8:45 a.m.] of applications for duty-free entry of 8:45 a.m.] scientific articles pursuant to section 6 (c) of the Educational, Scientific, and UNIVERSITY OF MICHIGAN Cultural Materials Importation Act of UNIVERSITY OF MARYLAND Notice of Decision on Application for 1966 (Public Law 89-651; 80 Stat. 897). Interested persons may present their Notice of Decision on Application for Duty-Free Entry of Scientific Article views with respect to the question of Duty-Free Entry of Scientific Article The following is a decision on an ap­ whether an instrument or apparatus of The following is a decision on an ap­ plication for duty-free entry of a scien­ equivalent scientific value for the pur­ plication for duty-free entry of a scien­ tific article pursuant to section 6(c) of poses for which the article is intended tific article pursuant to section 6(c) of the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub­ to be used is being manufactured in the the Educational, Scientific, and Cultural United States. Such comments must be Materials Importation Act of 1966 (Pub- lic Law 89-651, 80 Stat. 897) and the reg­

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9463 filed in triplicate with the Director, scientific study of the preglacial drainage Docket No. 69-00624-89-70000. Appli­ Scientific Instrument Evaluation Divi­ patterns and glacial and post glacial sur- cant: University of Alaska, Geophysical sion, Business and Defense Services Ad­ flcial deposits of New York State to gain Institute, College, Alaska 99701. Article: ministration, Washington, D.C. 20230, a better understanding of its Pleistocene Light-weight portable radiometer, Model within 20 calendar days after date on history. Application received by Commis­ PD1-QK. Manufacturer: Physikalisk which this notice of application is pub­ sioner of Customs: May 26, 1969. Meteorologisures Observatorium, Swit­ lished in the F ederal R egister. Charley M. D enton, zerland. Intended use of article: The Regulations issued under cited Act, Assistant Administrator for In­ article will be used for the McCall Glacier published in the February 4, 1967, issue dustry Operations, Business project to measure the albedo of different of the F ederal R egister, prescribe the and Defense Services Ad­ surfaces, and to measure the albedo requirements applicable to comments. ministration. changes of the snow cover during the A copy of each application is on file, season in different altitudes. Further­ and may be examined during ordinary [F.R. Doc. 69-7087; Filed, June 16, 1969; more, the long wa.ve outgoing radiation Commerce Department business hours at 8:45 a.m.] of different surfaces can be measured. the Scientific Instrument Evaluation Application received by Commissioner of Division, Department of Commerce, UNIVERSITY OF VIRGINIA ET AL. Customs: May 22,1969. Washington, D.C. Docket No. 69-00625-01-78030. Appli­ A copy of each comment filed with the Notice of Applications for Duty-Free cant: University of Massachusetts— Director of the Scientific Instrument Entry of Scientific Articles Boston, 100 Arlington Street, Boston, Evaluation Division must also be mailed Mass. 02116. Article: Spectrophotometer, or delivered to the applicant, or its au­ The following are notices of the receipt of applications for duty-free entry of Model 225. Manufacturer: Bodenseewerk thorized agent, if any, to whose ap­ Perkin-Elmer & Co., GmbH, West Ger­ plication the comment pertains; and the scientific articles pursuant to section 6 (c) of the Educational, Scientific, and many. Intended use of article: The article comment filed with the Director must will be used for teaching and research. certify that such copy has been mailed Cultural Materials Importation Act of 1966 (Public Law 89-651; 80 Stat. 897). More specifically, the use of the instru­ or delivered to the applicant. ment will encompass structural investi­ Docket No. 69-00628-33-46040. Appli­ Interested persons may present their views with respect to the question of gations of organoborones. Some of the cant: The University of Texas Medical compounds will be studied in the gas School at San Antonio, 7703 Floyd Curl whether an instrument or apparatus of equivalent scientific value for the pur­ phase, for which high spectral resolu­ Drive, San Antonio, Tex. 78229. Article; tion is needed, others will be studied as Electron microscope, Model JEM 7A. poses for which the article is intended to be used is being manufactured in the crystals, for which access to the higher Manufacturer: Japan Electron Optics frequency overtone region is needed. In­ Laboratory Co., Ltd., Japan. Intended United States. Such comments must be filed in triplicate with the Director, formation on overtone frequencies is use of article: The article will be used essential also for studies of vibrational for biological research in the following Scientific Instrument Evaluation Divi­ areas: sion, Business and Defense Services Ad­ anharmonicity in connection with the ministration, Washington, D.C. 20230, investigations of molecular force fields (1) Examination of virus ultrastruc­ and determination of vibrational force ture—Thin sections and negatively within 20 calendar days after date on which this notice of application is pub­ constants. Application received by Com­ stained preparations of viruses and viral missioner of Customs: May 23, 1969. components will be examined so as to lished in the F ederal R egister. determine their architecture and molec­ Regulations issued under cited Act, Docket No. 69-00626-33-62550. Appli­ ular structure. published in the February 4, 1967 issue cant : Stanford University, 820 Quarry (2) Low magnification examination of of the F ederal R egister, prescribe the Road, Palo Alto, Calif. 94304. Article: virus infected cells. Immunologic label­ requirements applicable to comments. Plethysmograph, impedance. Manufac­ ing of viral antigens for detection by low A copy of each application is on file, turer: Chalmers University, Sweden. magnification electron microscopy is a and may be examined during ordinary Intended use of article: The article will valuable technique in searching for Commerce Department business hours at be used to evaluate an electrical method viral agents in tissues or cell cultures. the Scientific Instrument Evaluation for measuring pulmonary blood volume, Division, Department of Commerce, flow, and changes in transthoracic elec­ Application received by Commissioner of Washington, D.C. trical impedance changes in laboratory Customs: May 26,1969. A copy of each comment filed with the animals. Application received by Com­ Docket No. 69-00630-33-46040. Appli­ Director of the Scientific Instrument missioner of Customs: May 2 3 , 1969. cant: Columbia University Medical Evaluation Division must also be mailed Docket No. 69-00627-01-77040. Appli­ School, 630 West 168th Street, New York, or delivered to the applicant, or its cant: Florida State University, Depart­ N.Y. 10032. Article: Electron microscope, authorized agent, if any, to whose ap­ ment of Chemistry, Tallahassee, Fla. Model EM 98. Manufacturer: Carl Zeiss, plication the comment pertains; and the 32306. Article: Mass spectrometer, Modei West Germany. Intended use of article: comment filed with the Director must MS-902. Manufacturer: Associated Elec­ The article will be used for teaching and certify that such copy has been mailed trical Industries, United Kingdom, in­ training of medical students, residents, or delivered to the applicant. tended use of article: The article will be Ph. D. candidates, trainees, and visiting Docket No. 69-00623-33-46500. Appli­ used for studies of the kinetics and ener­ Fellows as well as for research on the cant: University of Virginia, Department structure, function, and disease of the getics of mass spectral reactions. One of of Biology, Gilmer Hall, Charlottesville, the most important uses for this instru­ eye. Various aspects of ocular morphol­ Va. 22903. Article: Ultramicrotome, ogy are being investigated (cornea, uvea, Model “OmU2”. Manufacturer: C. ment will be the study of isotopically trabecular meshwork, retina, and ciliary Reichert Optische Werke A.G., Austria. labeled maleimides which have been ob­ body) as well as comparative studies of Intended use of article: The article will tained by degradation of chlorophylls the normal structure and physiology of be used for producing extremely thin from organisms cultured in isotopically animals and humans. Application re­ sections (50-75 angstroms thick) of uni­ mixed media. The laboratory in which ceived by Commissioner of Customs: form thickness in order to permit the May 26, 1969. resolution of subunits in the walls of this instrument will be operated will be Docket No. 69-00633-88-74000. Appli­ microtubules b by high resolution elec­ open for use by any scientist in the south cant: New York State Museum and tron microscopy. Such techniques are re­ east region of the United States. Science Service—Geological Survey, Charley M. D enton, Room 973, State Education Building An­ quired as a part of a research project concerned with studying the structure Assistant Administrator for In­ nex, Albany, N.Y. 12224. Article: Port­ dustry Operations, Business able single-channel seismograph and ac­ and function of cytoplasmic microtubules and Defense Services Admin­ cessories, Model FS-3. Manufacturer: in the differentiation and motility of ani­ istration. Huntec Ltd., Canada. Intended use of mal cells. Application received by Com­ article: The article will be used for a [F.R. Doc. 69-7082; Filed, June 16, 1909; missioner of Customs: May 19, 1969. 8:45 a.m.j

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9464 NOTICES 7. Sulfadiazine Tablets, 0.5 gram; 2. Neotrizine Suspension, sulfadiazine, DEPARTMENT OF HEALTH, EDU­ Lederle Laboratories Division, American sulfamerazine, and sulfamethazine 3.33 Cyanamide Co., Pearl River, N.Y. 10965 grams eachsjper 100 cc.; Eli Lilly & Co. (NDA 4-054). (NDA 6-317). CATION, AND WELFARE 8. Sodium Sulfadiazine Injection, 0.25 3. Sulfatriad Tablets, sulfadiazine 0.1875 gram, sulfamethazine 0.1875 gram, Food and Drug Administration gram per cc.; Lederle Laboratories Di­ vision, American Cyanamid Co. (NDA and sulfamerazine 0.125 gram; Smith, FMC CORP. 5-036). Miller & Patch, Inc., 902 Broadway, New 9. Sulfadiazine Tablets, 0.3 and 0.5 York, N.Y. 10010 (NDA 6-334). Notice of Filing of Petition Regarding gram; Abbott Laboratories, North Chi­ 4. Neotresamide Tablets, sulfamera­ Pesticide Chemical cago, 111. 60064 (NDA 4-125). zine 0.1 gram, sulfadiazine 0.2 gram, and sulfamethazine 0.2 gram; Merck & Co., Pursuant to the provisions of the Fed­ C. Preparations containing sulf'aethi- dole: Inc. (NDA 6-437). eral Food, Drug, and Cosmetic Act (sec. 5. Triple Sulfas Tablets, sulfadiazine 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a 1. Sul-Spansion (Sustained Release Suspension), 0.65 gram per 5 cc.; Smith, 0.167 gram, sulfamethazine 0.167 gram, (d)(1)), notice is given that a petition and sulfamerazine 0.167 gram; Lederle (PP 9F0829) has been filed by FMC Corp., Kline & French Laboratories, 1500 Spring Garden Street, Philadelphia, Pa. 19101 Laboratories Division, American Cyana­ Niagara Chemical Division, Middleport, mid Co. (NDA 6-920). N. Y. 14105, proposing the establishment (NDA 10-643). of tolerances (21 CFR 120.254) for com­ 2. Sul-Spantab (Sustained Release The drugs are regarded as new drugs. bined residues of the insecticide carbo- Tablets), 0.65 gram; Smith, Kline & Supplemental new-drug applications are furan (2,3-dihydro-2,2-dimethyl-7-ben- French (NDA 11-135). required to revise the labeling in and to zofuranyl N-methy¡carbamate) and its D. Preparations containing sulfamera- update previously approved applications metabolite 2,3-dihydro-2,2-dimethyl-3- zine: providing for such drugs. A new-drug hydroxy-7-benzofuranyl N-methylcar- 1. Sulfamerazine Tablets, 0.5 gram; application is required from any person bamate in or on the raw agricultural previously marketed by Eli Lilly & Co. marketing such drugs without approval. commodities potatoes and sugarcane at (NDA 5-349). The Food and Drug Administration is O. 1 part per million. 2. Sulfamerazine Tablets, 0.5 gram; prepared to approve new-drug applica­ The analytical method proposed in the Merck & Co., Rahway, N.J. 07065 (NDA tions and supplements to previously ap­ petition for determining residues of the 5- 301). proved new-drug applications under con­ insecticide and its metabolite is a micro- E. Preparations containing sulfa- ditions described in this announcement. coulometric gas chromatographic tech­ methizole: Thiosulfil Suspension, 0.25 Sulfachlorpyridazine, Sulfadiazine, nique with a nitrogen detector cell. gram per 5 cc., and Tablets, 0.25 gram SULFAETHIDOLE, SULFAMERAZINE, SULFA- and 0.50 gram; Ayerst Laboratories, Inc., Dated: June 9,1969. METHIZOLE, SULFAMETHOXAZOLE, SULFI- 685 Third Avenue, New York, N.Y. 10017 somidine, Sulfisoxazole, and Combi­ J. K. K irk, (NDA 8-565). nations of Sulfadiazine and Sulfa­ Associate Commissioner F. Preparation containing sulfameth­ merazine W ith and Without Sulfa­ for Compliance. oxazole: Gantanol Tablets, 0.5 gram; methazine Hoffmann-La Roche, Inc., 340 Kingland [F.R. Doc. 69-7094; Filed, June 16, 1969; A. Effectiveness classification. The 8:45 a.m.] Avenue, Nutley, N.J. 07110 (NDA 12-715). G. Preparations containing sulfisomi- Food and Drug Administration concludes dine: Elkosin Tablets, 0.5 gram, and that; CERTAIN SHORT-ACTING SYSTEMIC Elkosin Suspension in Syrup, 0.25 gram 1. These sulfonamides are effective in SULFONAMIDES per 4 milliliters; CIBA Pharmaceutical the treatment of chancroid; trachoma; Co., 556 Morris Avenue, Summit, N.J. nocardiosis; urinary tract infections due Drugs for Human Use; Drug Efficacy 07901 (NDA 8-070). to susceptible organisms (usually E. coli, Study Implementation H. Preparations containing sulfisoxa- Klebsiella aeroibacter, Staphylococcus zole: aureus, and Proteus mirabilis) in un­ The Food and Drug Administration I. Gantrisin Syrup and Pediatric Sus­ complicated cases; toxoplasmosis as ad­ has evaluated reports received from the pension, 0.5 gram of sulfisoxazole per 5 junctive therapy; with pyrimethamine; National Academy of Sciences—National cc.; previously marketed by Hoffmann- malaria due to chloroquine-resistant Research Council, Drug Efficacy Study La Roche, Inc. (NDA 6-911). strains of Plasmodium falciparum, when Group, on the following short-acting 2. Gantrisin Tablets, 0.5 gram of sul­ used as adjunctive therapy; meningo­ systemic sulfonamide drugs: fisoxazole; Hoffmann-La Roche, Inc. coccal meningitis where the organism A. Preparation containing sulfachlor- (NDA 6-525). has been demonstrated to be susceptible; pyridazine; Sonilyn Tablets, 0.5 gram; 3. Gantrisin Acetyl Pediatric Suspen­ hemophilus influenzae meningitis as ad­ Mallinckrodt Chemical Works, 3600 sion and Syrup, the equivalent of 0.5 junctive therapy with parenteral and North Second Street, St. Louis, Mo. gram of sulfisoxazole per 5 cc. in the form intrathecal streptomycin. Of these sul­ 63160 (NDA 13-141). of sulfisoxazole acetyl; Hoffmann-La fonamides, only sulfadiazine is effective B. Preparations containing sulfadia­ Roche, Inc. (NDA 9-182). in the prophylaxis of rheumatic fever, as zine: 1. Sulfadiazine Tablets, 0.5 gram; Eli 4. Lipo Gantrisin, the equivalent of 1.0 an alternative to penicillin. gram of sulfisoxazole per 5 cc., in the 2. These drugs are possibly effective Lilly & Co., Post Office Box 618, Indian­ form of sulfisoxazole acetyl; Hoffmann- apolis, Ind. 46206 (NDA 4-122). for the treatment of acute and chronic 2. Coco-Diazine Suspension, 10 grams La Roche, Inc. (NDA 9-182). otitis media (most commonly due to per 100 cc.; Eli Lilly & Co. (NDA 6-317). 5. Gantrisin Injectable, sulfisoxazole streptococci, staphylococci, pneumococci, 3. Sulfadiazine and Sodium Bicarbon­ (as the diethanolamine salt) 0.4 gram H. influenza (in infants), and Escher­ ate Tablets, 0.324 gram of each; Pitman- per cc.; Hoffmann-La Roche, Inc. (NDA ichia intermedia); pneumococcal infec­ Moore, Division of the Dow Chemical 6- 917). tions; gas gangrene; lymphogranuloma Co., Research Center, Box 10, Zionsville, I. Preparations containing sulfadiazine venereum; chronic urinary tract infec­ Ind. 46077 (NDA 5-573). and sulfamerazine: Sulfonamides Duplex tions; sinusitis; and staphylococcal in­ 4. Sodium Sulfadiazine Solution Am­ Suspension, sulfamerazine 5 grams and fections, especially S. aureus, except in poules 25% ; Parke Davis & Co., Joseph sulfadiazine 5 grams per 100 cc.; Eli Lilly urinary tract infections in uncompli­ Campau at the River, Detroit, Mich. & Co. (NDA 6-317). cated cases. 48232 (NDA 5-592). J. Preparations containing sulfadia­ 3. There is a lack of substantial evi­ 5. Sulfadiazine Tablets, 0.5 gram; zine, sulfamerazine, and sulfamethazine: dence of effectiveness of these drugs for: Parke Davis & Co. (NDA 4-154). L Neotrizine Tablets, sulfadiazine The treatment of tonsillitis; actinomy­ 6. Sulfadiazine Tablets, 0.5 gram; 0.167 gram, sulfamerazine 0.167 gram, cosis; gonococcal infections; streptoccal The Upjohn Co., Kalamazoo, Mich. and sulfamethazine 0.167 gram; Eli Lilly infections; all meningitides, except me­ 49001 (NDA 4-305). and Co. (NDA 6-317). ningococcal infections and H. influenzae

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9465

meningitis as adjunctive therapy with fully coordinated with bactériologie and clin­ Adequate fluid intake must be maintained parenteral and intrathecal streptomycin; ical response. Aminobenzoic acid should be in order to prevent crystalluria and stone Salmonella infections; systemic infec­ added to the culture media when the patient formation. is already taking sulfonamide. Currently, the ADVERSE REACTIONS tions due to Hemophilus influenzae, ex­ increasing frequency of sulfonamide-resist­ cept in otitis media (in infants) due to ant organisms is the major limitation of Blood dyscrasias: Agranulocytosis, aplastic susceptible strains of this organism and therapeutic usefulness. anemia, thrombocytopenia, leukopenia, he­ H. influenzae meningitis as adjunctive Wide variation in blood levels may result molytic anemia, purpura, hypoprothrombi- therapy with parenteral and intrathecal with identical doses; therefore, blood levels nemia, methemoglobinemia. should be measured in patients receiving Allergic reactions: Erythema multiforme streptomycin; systemic infections due to (Stevens-Johnson Syndrome), generalized Klebsiella pneumoniae; pneumonia, ex­ sulfonamides for serious infections. Levels of 12-15 milligram-percent are optimal. skin eruptions, epidermal necrolysis, urti­ cept in that due to Nocardia; Strepto­ Twenty milligram-percent should be the caria, serum sickness, pruritis, exfoliative coccus faecalis infections; proteus infec­ maximum level as the occurrence of adverse dermatitis, anaphylactoid reactions, peri­ tions other than Proteus mirabilis and reactions, particularly crystalluria, occur at orbital edema, conjunctival and scleral in­ Proteus vulgaris; Pseudomonas aerugi­ this level and above. These levels are usually jection, photosensitization, arthralgia, and nosa infections; respiratory infections determined on the basis of total sulfonamide allergic myocarditis. cystitis, pyelitis, prostatitis, and urethri­ concentration; however, only free sulfona­ Gastrointestinal reactions: Nausea, emesis, mides are microbiologically active. abdominal pains, hepatitis, diarrhea, ano­ tis unless in uncomplicated infections rexia, pancreatitis, and stomatitis. due to susceptible organisms; pharyngi­ INDICATIONS C.N.S. reactions: Headache, peripheral neu­ tis; wound infections; skin and soft tis­ Chancroid. ritis, mental depression, convulsions, ataxia, sue infections; for the prevention of Trachoma. hallucinations, tinnitus, vertigo, and insom­ bacteremia and subacute bacterial endo­ Nocardiosis. nia. carditis and for prophylaxis in patients Urinary tract infections due to susceptible Miscellaneous reactions: Drug fever, chills, with indwelling catheters, ureteros­ organisms (usually E. coli., Klebsiella aero- and toxic nephrosis with oliguria and anuria. bacter, Staphylococcus aureus, and Proteus Periarteritis nodosum and L.E. phenomenon tomies, urinary stasis, cord bladder, and mirabilis) in uncomplicated cases. have occurred. bed-ridden patients; and before and af­ Toxoplasmosis as adjunctive therapy with The sulfonamides bear certain chemical ter genitourinary surgery and instru­ pyrimethamine. similarities to some goitrogens, diuretics mentation. Malaria due to chloroquine-resistant (acetazolamide and the thiazides), and oral B. Form of drug. These sulfonamide strains of Plasmodium falciparum, when used hypoglycemia agents. Goiter production, preparations are in tablet, suspension, or as adjunctive therapy. diuresis, and hypoglycemia have occurred Meningococcal meningitis where the or­ rarely in patients receiving sulfonamides. syrup form suitable for oral administra­ ganism has been demonstrated to be sus­ Cross-sensitivity may exist with these agents. tion, or in a form suitable for parenteral ceptible. administration, and contain per dosage Hemophilus influenzae meningitis as ad­ DOSAGE AND ADMINISTRATION unit an amount appropriate for admin­ junctive therapy with parenteral and in­ SYSTEMIC SULFONAMIDES ARE CON­ istration in the dosage ranges described trathecal streptomycin. TRAINDICATED IN INFANTS UNDER 2 in the labeling conditions in this an­ Add for sulfadiazine only: Propyhlaxis of MONTHS OF AGE, except in the treatment nouncement. rheumatic fever as alternative to penicillin. of congenital toxiplasmosis as adjunctive therapy with pyrimethamine. C. Labeling conditions, i. The label CONTRAINDICATIONS 1. Oral dosage forms: bears the statement “Caution: Federal Hypersensitivity to sulfonamides. a. Usual dose for infants over 2 months law prohibits dispensing without pre­ Infants less than 2 months of age (except of age and children: scription.” in the treatment of congenital toxoplasmosis Initial dose: One-half of the 24-hour dose. 2. The drug is labeled to comply with as adjunctive therapy with pyrimethamine). Maintenance dose: 150 mg./kg./24 hours all requirements of the Federal Food, Pregnancy at term and during the nursing or 4 gm./M2/24 hours—dose to be divided into period because sulfonamides pass the pla­ 4-6 doses/24 hours with maximum of 6 Drug, and Cosmetic Act and regulations centa and are excreted in the milk and may gm./24 hours. thereunder and those parts of its label­ cause kernicterus. Rheumatic fever prophylaxis: Under 30 kg. ing indicated below are substantially as (66 lb.)—0.5 Gm./24 hours; over 30 kg. (66 follows (optional additional information, WARNINGS lb.)—1.0 gm./24 hours. applicable to the drug, may be proposed Sulfonamides are bacteriostatic and re­ b. Usual adult dose:, under other appropriate paragraph sistance is frequent in organisms responsible Initial dose: 2-4 gm. headings and should follow the informa­ for common infections. Maintenance dose: 2-4 gm./24 hours, di­ tion set forth below): Sulfa drugs will not eradicate group A vided in 3—6 doses/24 hours. streptococci and have not been demonstrated 2. Parenteral dosage forms: DESCRIPTION , to prevent such sequelae of these infections INJECTABLE SULFONAMIDES SHOULD (Descriptive information to be included as rheumatic fever and glomerulonephritis. BE USED ONLY WHEN ORAL ADMINIS­ by the manufacturer or distributor should Deaths associated with the administration TRATION IS IMPOSSIBLE. be confined to an appropriate description of sulfonamides have been reported from Usual dose for infants over 2 months of of the physical and chemical properties of hypersensitivity reactions, agranulocytosis, age, children, and adults : the drug and the formulation. Include the aplastic anemia, and other blood dyscrasias. Initial dose: One-half of the 24-hour dose. following information in order that the phy­ The presence of clinical signs such as sore Maintenance dose: 100 mg./kg./24 hours sician may make an intelligent selection of throat, fever, pallor, purpura, or jaundice or 2.25 gm./M2/24 hours, administered in a the agent to be used: Blood levels of free, may be early indications of serious blood 5 percent solution— acetylated, conjugated, and protein-bound disorders. a. Subcutaneous administration, divided sulfa with various dosages of the sulfona­ Blood counts and renal function tests are into three doses/24 hours; and recommended during treatment. b. Intravenous administration, divided into mide; solubility of free, acetylated, and con­ 4 doses/24 hours. jugated sulfonamide at pH 5.0, 6.0, and 7.5; PRECAUTIONS ratio of free sulfonamide to conjugated sul­ D. Claims permitted during extended fonamide in serum and cerebrospinal fluids; Sulfonamides should be given with cau­ period for obtaining substantial evidence. and mode of excretion, amount excreted in tion to patients with impaired renal or he­ urine, and concentration of free sulfonamide patic function and in those with severe Those claims for which the drug is de­ in urine.) allergy or bronchial asthma. scribed in paragraph A above as possibly a c t io n s The frequency of renal complications is effective (not included in the labeling considerably lower in patients receiving the conditions in paragraph C) may continue The systemic sulfonamides are bacterio­ more soluble sulfonamides. Urinalysis with static agents. The spectrum of activities is careful microscopic examination should be to be used for 6 months following the similar for all. Sulfonamides competitively obtained at least once a week in patients re­ date of this publication to allow addi­ inhibit bacterial synthesis of folic acid ceiving sulfonamides. tional time within which holders of pre­ (pteroylglutamic acid) from aminobenzoic Blood counts should also be obtained acid. Resistant strains are capable of utiliz­ regularly in patients receiving sulfonamide viously approved applications or persons ing folic acid precursors or preformed folic therapy for longer than 2 weeks. marketing the drug without approval acid. In- glucose-6-phosphate dehydrogenase- may obtain and submit to the Food and In vitro sulfonamide sensitivity tests are deficient individuals, hemolysis may occur. not always reliable. The test must be care­ Drug Administration data to provide a This reaction is frequently dose-related. substantial evidence of effectiveness.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9466 NOTICES E. Previously approved applications. I. 2. Distribution of any such prepara­ person who desires to have a conference Each holder of a “deemed approved” tion currently on the market without an concerning proposed changes in the new-drug application (that is, an appli­ approved new-drug application may be labeling set forth in this notice. A request cation which became effective on the continued provided that: for such meeting should be made to the basis of safety prior to Oct. 10, 1962) for a. Within 60 days from publication Special Assistant for Drug Efficacy Study such drug is requested to bring the appli­ hereof in the F ederal R egister, the Implementation, at the address given cation up to date by submitting a supple­ labeling of such preparation shipped below, within 30 days after publication ment containing: within the jurisdiction of the Federal hereof in the F ederal R egister. a. , Revised labeling as needed to con­Food, Drug, and Cosmetic Act is in accord A copy of the NAS-NRC report has form to the labeling conditions described with the labeling conditions described been furnished to each firm referred herein for the drug. herein. to above. Any other manufacturer, b. Adequate data to assure the biologic b. The manufacturer, packer, or dis­ packer, or distributor of a drug of simi­ availability of the drug in the formula­ tributor of such drug submits to the lar composition and labeling to the drugs tion which is marketed. For preparations Food and Drug Administration within listed above or any other interested claiming sustained-action, timed-release, 180 days from publication hereof, a new- person may obtain a copy by request or other delayed or prolonged effect, drug application. to the appropriate office named below. these data should show that the drug is c. The applicant submits additional Communications forwarded in re­ available at a rate of release which will information that may be required for sponse to this announcement should be be safe and effective. If such data are al­ the approval of the application within a directed to the attention of the following ready included in the application, specific reasonable time as specified in a written appropriate office and addressed to the reference thereto may be made. communication from the Food and Drug Food and Drug Administration, 200 C c. Updating information as needed to Administration. Street SW., Washington, D.C. 20204: make the application current in regard d. The application has not been ruled incomplete or unapprovable. Requests for NAS-NRC report: Press Rela­ to items 6 (components), 7 (composi­ tions Office (CE-300). tion), and 8 (methods, facilities, and G. Opportunity for a hearing. 1. An Supplements: Office of Marketed Drugs (MD- controls) of the new-drug application applicant or any person who would be 300), Bureau of Medicine. form FD-356H to the extent described in adversely affected by an order requiring Original abbreviated new-drug applications: the proposal for abbreviated new-drug deletion of the claims for which the drug Office of Marketed Drugs (MD-300), Bu­ applications, § 130.4(f), published in the lacks substantial evidence of effective­ reau of Medicine. F ederal R egister of February 27, 1969 ness as described in paragraph A3 above Comments on this announcement: Special (34 F.R. 2673). may request a hearing within 30 days Assistant for Drug Efficacy Study Imple­ 2. Such supplements should be sub­ following publication hereof. mentation (MD-16), Bureau of Medicine. mitted within the following time periods 2. If no request for a hearing is re­ This notice is issued pursuant to the after the date of publication of this no­ ceived, the approval of all previously ap­ provisions of the Federal Food, Drug, tice in the F ederal R egister: proved applications providing for such and Cosmetic Act (secs. 502, 505, 52 Sfcat. a. 60 days for revised labeling—the claims will be regarded as withdrawn and 1050-53, as amended; 21 U.S.C. 352, 355) supplement should be submitted under the applications will be approvable as and under authority delegated to the the provisions of § 130.9 (d) and (e) of supplemented in accord with this an­ Commissioner of Food and Drugs (21 the new-drug regulations (21 CFR 130.9) nouncement. If such request is filed, an CFR 2.120). which permit certain changes to be put announcement will be published in the into effect at the earliest possible time. F ederal R egister setting forth the pro­ Dated: June 9,1969. b. 180 days for biologic availability visions of section 505(e) of said act on H erbert L. Ley, Jr., data. the basis of which the Commissioner Commissioner of Food and Drugs. c. 60 days for updating information. proposes to withdraw approval of such [P.R. Doc. 69-7095; Piled, June 16, 1969; 3. Marketing of the drug may continue new-drug applications and all amend­ 8:45 a.m.] until the supplemental applications sub­ ments and supplements thereto, and mitted in accord with the preceding staying those parts of this announce­ paragraphs 1 and 2 are acted upon, pro­ ment which provide for labeling deleting vided that within 60 days after publi­ such claims to be in use within 60 days ATOMIC ENERGY COMMISSION cation hereof in the F ederal R egister after publication hereof. the labeling of the preparation shipped H. Exemption from periodic reporting. [Docket No. 50-244] within the; jurisdiction of the Federal The periodic reporting requirements of ROCHESTER GAS AND ELECTRIC Food, Drug, and Cosmetic Act is in ac­ §§ 130.35(e) and 130.13(b)(4) are waived CORP. cord with the labeling conditions de­ in regard to applications approved for scribed above. (See paragraph D above these drugs solely for the conditions of Notice of Proposed Issuance of for indications which may continue to use for which the drugs are regarded as Provisional Operating License be used for the period described therein.) effective as described herein. Notice is hereby given that the Atomic F. New applications. 1. Any other per­ I. Unapproved use or form of drug. son who distributes or intends to dis­ Energy Commission (the Commission) is 1. If the article is labeled or advertised considering the issuance of a provisional tribute such drug intended for the con­ for use in any condition other than those ditions of use for which it has been operating license, set forth below, which provided for in this announcement, it would authorize Rochester Gas & Elec­ shown to be effective, as described under may be regarded as an unapproved new A above, should submit an abbreviated tric Corp. (RG&E) to possess, use, and drug subject to regulatory proceedings operate the Robert Emmett Ginna Nu­ new-drug application meeting the condi­ until such recommended use is approved tions specified in the proposed regula­ clear Power Plant Unit No. 1, a pres­ in a new-drug application, or is other­ surized, light water moderated, and tion (§ 130.4(f) (1), (2), and (3)) pub­ wise in accord with this anouncement. lished in the F ederal R egister of Feb­ cooled reactor. The reactor is located at ruary 27, 1969. Such applications should 2. If the article is proposed for mar­ RG&E’s Brookwood site, in Wayne include proposed labeling that is in ac­ keting in another form or for a use other County, N.Y., about 16 miles east of the cord with the labeling conditions de­ that the use provided for in this an­ city of Rochester. The reactor is designed scribed herein and adequate data to as­ nouncement, appropriate additional in­ to operate at 1,300 megawatts thermal; sure the biologic availability of the drug formation as described in § 130.4 or however, until the Commission has re­ in the formulation marketed or proposed § 130.9 of the new-drug regulations (21 viewed (1) the Class I piping analysis for marketing. For preparations claim­ CFR 130.4, 130.9) may be required, in­ and (2) the results of the research and ing sustained action, timed release, or cluding results of animal and clinical development programs on heat transfer other delayed or prolonged effect, these . tests intended to show whether the drug tests of the cooler tubes, fan motor tests, data should show that the drug is avail­ is safe and effective. and process instrument transmitters, the able at a rate of release that will be safe Representatives of the Administration power level will be restricted to 5 mega­ and effective. are willing to meet with any interested watts thermal. Upon completion of the

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9467 above items and upon written notifica­ 1969. Feb. 12.1969, Mar. 14,1969, Mar. 28,1969, CFR Part 20, § 30.34 o f Part 30, § 40.41 of tion from the Commission, operation at and Apr. 16,1969, respectively) complies with Part 40, §§ 50.54 and 50.59 of Part 50, and 1,300 megawatts will be allowed in ac­ the requirements of the Atomic Energy Act § 70.32 of Part 70, and is subject to all ap­ cordance with the provisions of the li­ of 1954, as amended, and the Commission’s plicable provisions of the Act and rules, reg­ cense and the Technical Specifications regulations set forth in title 10, Chapter I, ulations and orders of the Commission now appended thereto. CFR; or hereafter in effect; and is subject to the b. The facility has been constructed in ac­ additional conditions specified below : Prior to issuance of the provisional op­ cordance with the application, as amended, A. Maximum power level. RG&E is au­ erating license, the facility will be in­ and the provisions of Provisional Construc­ thorized to operate the facility at steady spected by the Commission to determine tion Permit No. CPPR-19, as amended; state power levels up to a maximum of 5 whether it has been constructed in ac­ e. There are involved features, characteris­megawatts thermal until the items in sec­ cordance with the application, as amend­ tics and components as to which it is desir­ tion d are satisfactorily completed at which ed, and the provisions of Construction able to- obtain actual operating experience time operation at steady state power levels Permit No. CPPR-19, issued by the Com­ before the issuance of an operating license for up to 1,300 megawatts thermal will be au­ mission on April 25, 1966, as amended the full term requested in the application; thorized. d. There is reasonable assurance (i) that B. Technical specifications. The Technical by the Commission on November 12,1966, upon satisfactory completion of (1) the Class Specifications contained In Appendix A 1 at­ and April 10, 1967. Upon issuance of the I piping analysis and (2) the research and tached hereto are hereby incorporated In provisional operating license, RG&E will development programs on heat transfer tests this license. RG&E shall operate the facility be required to execute an indemnity of the cooler tubes, fan motor tests, and proc­ at power levels not in excess of 1,300 mega­ agreement as required by section 170 of ess instrument transmitter tests that the watts thermal in accordance with the Tech­ the Atomic Energy Act of 1954, as facility can be operated at power levels not in nical Specifications, and may make changes amended, and 10 CFR Part 140 of the excess of 1,300 megawatts thermal in accord­ therein only when authorized by the Com­ ance with this license without endangering mission in accordance with the provisions of Commission’s regulations. the health and safety of the public and (ii) § 50.59 of 10 CFR Part 50. Within thirty (30) days from the date that such activities will be conducted in C. Reports. In addition to the reports of publication of this notice in the F ed­ compliance with the rules and regulations of otherwise required under this license and eral R egister, the applicant may file a the Commission; applicable regulations : request for a hearing, and any person e. The applicant is technically and finan­ (1) RG&E shall inform the Commission whose interest may be affected by this cially qualified to engage in the activities au­ of any incident or condition relating to the proceeding may file a petition for leave thorized by this license, in accordance with operation of the facility which prevented or the rules and regulations of the Commission; could have prevented a nuclear system from to intervene. Requests for a hearing and f. The applicant has furnished proof of performing its safety functions. For each petitions to intervene shall be filed in financial protection to satisfy the require­ such occurrence, RG&E shall promptly noti­ accordance with the Commission’s regu­ ments of 10 CFR Part 140; fy by telephone or telegram the appropriate lation (10 CFR Part 2). If a request for g. The issuance of this license will not be Atomic Energy Commission Regional Office a hearing or a petition for leave to inter­ inimical to the common defense and security listed in Appendix D of 10 CFR Part 20, vene is filed within the time prescribed or to the health and safety of the public; and shall submit within ten (10) days a re­ in this notice, the Commission will issue Provisional Operating License No. DPR- port in writing to the Director, Division of ------is hereby issued to Rochester Gas and Reactor Licensing (Director, DRL), with a a notice of hearing or an appropriate Electric Corp. (RG&E), as follows: copy to the Division of Compliance. order. 1. This license applies to the Robert Em­ (2) RG&E shall report to the Director, For further details with respect to this mett Ginna Nuclear Power Plant Unit No. DRL, in writing within thirty (30) days of proposed provisional operating license, 1, a closed cycle, pressurized, light water its observed occurrence any substantial vari­ see (1) the application for provisional moderated and cooled reactor, and electric ance disclosed by operation of the facility operating license (Amendments No. 6 generating equipment (the facility). The from performance specifications contained in facility is located on the applicant’s site on the Final Facility Description and Safety through 19) filed during the period of the south shore of Lake Ontario, Wayne Analysis Report (safety analysis report) of January 18,1968, through April 16, 1969, County, N.Y., about 16 miles east of the city the Technical Specifications. (2) the report of the Advisory Committee of Rochester, and is described in license (3) RG&E shall report to the Director* on Reactor Safeguards, dated May 15, application Amendment No. 6, “Final Fa­ DRL, in writing within thirty (30) days of 1969, (3) a related safety evaluation pre­ cility Description and Safety Analysis its occurrence any significant changes in pared by the Division of Reactor Licens­ Report,” as supplemented and amended transient or accident analysis as described in ing, (4) the Technical Specifications (Amendments No. 7 through 19). the safety analysis report. which are incorporated in the proposed 2. Subject to the conditions and require­ (4) As soon as possible after the comple­ ments incorporated herein, the Commission tion of 6 months of operation of the facility license and designated as Appendix A hereby licenses RG&E: (calculated from the date of initial critical­ thereto, and (5) the Special Nuclear Ma­ A. Pursuant to section 104b of the Atomic ity) , RG&E shah- begin submitting reports in terials Transfer Schedule, designated as Energy Act of 1954, as amended (the Act) writing in accordance with the requirements Appendix B to the license, all of which and 10 CFR Part 50, “Licensing of Production of the Technical Specifications. will be available for public inspection at and Utilization Facilities,” to possess, use, D. Records. RG&E shall keep facility op­ the Commission’s Public Document and operate the facility as a utilization fa­ eration records in accordance with the re­ cility at the designated location on RG&E’s quirements of the Technical Specifications: Room, 1717 H Street NW., Washington, Brookwood Site; D.C. Copies of items (2) and (3) above 4. Pursuant to § 50.60 of 10 CFR Part 50, B. Pursuant to the Act and 10 CFR Part the Commission has allocated to RG&E for may be obtained at the Commission’s 70, “Special Nuclear Material,” to receive, use in the operation of the facility 14,567 Public Document Room or upon request possess and use at any one time up to 2,300 kilograms of uranium-235 containéd in ura­ addressed to the Atomic Energy Com­ kilograms of contained uranium-235 in con­ nium in the Isotopic ratios specified in the mission, Washington, D.C. 20545, Atten­ nection with operation of the facility; application. Estimated schedules of special tion: Director, Division of Reactor C. Pursuant to the Act and ID CFR Part nuclear material transfers to RG&E and re­ Licensing. 30, “Rules of General Applicability to Licens­ turns to the Commission are contained in ing of Byproduct Material,” to receive, pos­ Appendix B 1 which is attached hereto. Trans­ Dated at Bethesda, Md., this 13th day sess and use 72.6 micrbcuries of neptunium- fers by the Commission to RG&E in accord­ of June 1969. 237 composed of six sealed sources contained ance with Column 2 in Appendix B will be in irradiation surveillance capsules; to re­ conditional upon RG&E’s return to the Com­ For the Atomic Energy Commission. ceive, possess and use 600 curies of polonium- mission of material substantially in accord­ beryllium contained in encapsulated form Peter A. Morris, ance with Column 3 (including the sub­ as primary source rods in neutron source columns headed “Scrap” and “Depleted Director, assemblies; and to possess and use 65,000 Fuel”) . Division of Reactor Licensing. curies of antimony-beryllium contained in 5. This license is effective as of the date of P roposed P rovisional Operating L icense encapsulated form as a secondary source; and issuance and shall expire eighteen (18) The Atomic Energy Commission (the Com­ D. Pursuant to the Act, and Parts 30 and months from said date unless extended for mission) having found that : 70, to possess, but not to separate, such by­ a. The application for provisional operating product and special nuclear material as may 1 This item was not filed with the Office license (Amendments No. 6 through 19, dated be produced by operation of the facility. Jan. 18, 1968, Apr. 9-, 1968, Sept. 23, 1968 of the Federal Register, but will be available 3. This license shall be deemed to contain for public inspection in the Public Docu­ Sept. 30, 1968, Oct. 10, 1968, Oct. 16, 1968, and is subject to the conditions specified in Dec. 2, 1968, Dec. 6, 1968, Jan. 31, 1969, Feb. 3, ment Room of the Atomic Energy Com­ the following Commission regulations in 10 mission.

FEDERAL REGISTER, VOL 34, NO. 115— TUESDAY, JUNE 17, 1969 9468 NOTICES cause shown, or upon the earlier issuance of ment. Also, the majority stockholder 6. The Arecibo Broadcasting Corp. a superseding operating license. indicated, on March 3, 1967, that a (WMNT) application was originally tendered for filing on August 15, 1967, For the Atomic Energy Commission. $20,000 commitment from his mother would become available upon the settle­ and returned as not acceptable for filing P e t e r A . M o r r i s , ment of her estate, the applicant has not on November 2, 1967, because of overlap D irector, prohibited by § 73.37 of the Commis­ Division of Reactor Licensing. advised the Commission that the funds are now available. In fact, all of An­ sion’s rules.1 On December 4, 1967, [F.R. Doc. 69-7238; Filed, June 16, 1969; tilles’ supporting financial documenta­ Arecibo filed its petition for reconsidera­ 10:24 a.m.] tion is no longer current. Accordingly, tion of our action rejecting its applica­ a financial issue will be specified. tion, and resubmitted its application with 3. Antilles also fails to meet the Com­ field intensity measurements which mission’s program survey requirements establish that there would in fact be no CIVIL AERONAUTICS BOARD set forth in our public notice of August prohibited overlap between these two [Docket No. 19139] 22, 1968, 33 F.R. 12113. The applicant’s proposals.2 The applicant seeks recon­ principal states that he has spent a sideration for the purpose of nunc pro TAG AIRLINES, INC. great deal of time in the Ponce area tunc acceptance of its application, so that Notice of Oral Argument and has talked to many people about it can be treated as timely filed with the community radio needs. However, as to applications of Radio Antilles and Zaba Notice is hereby given, pursuant to the a survey and actual interviews with these Radio. (The cutoff date (Radio Antilles provisions of the Federal Aviation Act persons, he names 11 community leaders application) was Aug. 17,1967.) of 1958, as amended, that oral argument with whom he has conferred, but fails 7. Pointing out that the Commission in the above-entitled proceeding is as­ to list any specific suggestions and com­ must accord precedence to field intensity signed to be held on June 25, 1969, at ments made. Since the Commission is measurements over theoretical values 10 a.m., e.d.s.t., in Room 1027,

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9469 PM.3 In an attempt to establish its fi­ availability of other .primary service to 12. It is further ordered, That, the nancial qualifications for the instant such areas and populations. petition of Arecibo Broadcasting Corp., proposal, Arecibo relies on a letter from (3) To determine, with respect to the Inc., licensee of Station WMNT, Manati, a bank stating that it could favorably application of Radio Antilles, Inc. : P.R., for reconsideration and nunc pro consider an application for a loan up to (a) The availability of loans and funds tunc acceptance of the application of $50,000. However, the letter does not necessary to meet the costs of construc­ Arecibo Broadcasting Corp., Inc., is specify the terms and conditions of the tion and operation of the proposed sta­ granted, and said application is hereby loan and the repayment thereof. Simi­ tion during the first year. accepted for filing as of August 15, 1967. larly, line of credit letters from two of (b) In light of the evidence adduced 13. It is further ordered, That, in the the principals do not specify the terms. pursuant to (a) above, whether this ap­ event of a grant of the application of Furthermore, all of these letters of credit plicant is financially qualified. Radio Antilles, Inc., the construction combine the instant proposal and the (4) To determine the efforts made by permit shall contain the following applicant’s FM proposal for a new sta­ Radio Antilles to ascertain the commu­ conditions: tion. (Most of the applicant’s liquid as­ nity needs and interests of the area to (a) Permittee shall install an approved sets are reserved for the latter.) Finally, be served, and the means by which it pro­ type frequency monitor. all of the applicant’s supporting docu­ poses to meet those needs and interests. (b) Permittee shall assume responsi­ mentation is no longer current. Accord­ (5) To determine, with respect to the bility for the elimination of interference ingly, a financial issue will be specified. application of Zaba Radio Corp.: due to external cross-modulation and 9. Arecibo points out that its president (a) The terms of its bank loan com­ for the installation and adjustment of and stockholders are residents of Manati mitment. filter circuits or other equipment in the and are aware of the needs and interests (b) The sources of additional funds antenna systems of the proposed opera­ of the public, both in WMNT’s present necessary to meet the cost of construc­ tion and of Stations WPAB, WISO or any and its ' proposed service area. Also tion and operation of the proposed sta­ other stations which may be necessary, Arecibo states that its gain area is sub­ tion during the first year. to prevent adverse effects due to internal stantially the same type of area as7 that (c) In light of the evidence adduced cross-modulation and reradiation. In presently served to the south of Manati. pursuant to (a) above, whether this ap­ addition, field observations shall be made Although Arecibo filed a section IV-A plicant is financially qualified. to determine whether spurious emissions exhibit “to call attention to matters of (6) To determine the efforts made by exist, and any objectionable interference special interest in connection with its Zaba Radio to ascertain the community problems resulting therefrom shall be programming,” it did not conduct a pro­ needs and interests of the area to be eliminated. gram survey, pointing out that its presi­ served, and the means by which it pro­ (c) Permittee shall accept such inter­ dent and stockholders are residents of poses to meet those needs and interests. ference as may be imposed by existing Manati and are thus aware of the needs (7) To determine whether the trans­ 250 watt Class IV stations in the event and interests of the public—as to both mitter site proposed by Zaba Radio is they are subsequently authorized to in­ its present service area and the gain satisfactory with particular regard to crease power to 1,000 watts. area. In our public notice of August 22, any conditions that may exist in the 14. It is further ordered, That, in the 1968, we stated that the survey informa­ vicinity of the - antenna system which event of a grant the application of Zaba tion is expected of all applicants for in­ would distort the proposed antenna Radio Corporation, permittee shall ac­ creased facilities serving a substantial radiation pattern. cept such interference as may be im­ amount of new area or population. Since (8) To determine, with respect to the posed by existing 250 watt Class IV sta­ a grant of the instant proposal of Arecibo application of Arecibo Broadcasting tions in the event they are subsequently would result in a substantial increase in Corp., Inc.: authorized to increase power to 1,000 its service area and population served, a (a) The terms and conditions of a watts. Suburban issue must be specified as to bank loan commitment and letters of 15. It is further ordered, That, to avail Arecibo/ credit from two principals. 10. Except as indicated by the issues themselves of the opportunity to be (b) The amount of funds which will be heard, the applicants herein, pursuant specified below, the applicants are quali­ available for the instant proposal after fied to construct and operate as pro­ to § 1.221(c) of the Commission’s rules, all of the costs of construction of its FM in person or by attorney, shall within posed. However, since the proposals are station have been expended. mutually exclusive, they must be desig­ 20 days of the mailing of this order, file (c) The sources of additional funds, if with the Commission in triplicate, a nated for hearing in a consolidated pro­ any, which will be necessary to meet the ceeding on the issues specified below. written appearance stating an intention costs of construction and operation of to appear on the date fixed for the hear­ 11. Accordingly, it is ordered, That, . » the proposed station during the first year. pursuant to section 309(e) of the Com­ ing and present evidence on the issues (d) In light of the evidence adduced specified in this order. munications Act of 1934, as amended, the pursuant to (a)-above, whether this ap­ applications are designated for hearing plicant is financially qualified. 16. It is further ordered, That the in a consolidated proceeding, at a time (9) To determine the efforts made by applicants herein shall, pursuant to sec­ and place to be specified in a subsequent Arecibo Broadcasting to ascertain the tion 311(a)(2) of the Communications order, upon the following issues: community needs and interests of the Act of 1934, as amended, and § 1.594 (1) To determine the areas and popu­ area to be served, and the means by of the Commission’s rules, give notice lations which would receive primary which it proposes to meet those needs of the hearing, either individually or, service from Radio Antilles, Inc., and and interests. if feasible and consistent with the rules, Zabo Radio Corp. and the availability of (10) To determine, in the light of jointly, within the time and in the man­ other primary aural (1 mv/m or greater section 307(b) of the Communications ner prescribed in such rule, and shall in case of FM) service to such areas and Act of 1934, as amended, which of the advise the Commission of the publication populations. proposals would best provide a fair, of such notice as required by § 1.594(g) (2) To determine the areas and pop­ efficient, and equitable distribution of of the rules. ulations which may be expected to gain radio service. Adopted: June 4,1969. or lose primary service from the proposed (11) To determine, in the event it is Released: June 11,1969. operation of Station WMNT and the concluded that a choice between the applications should not be based solely F ederal Communications on considerations relating to section Commission,5 * Arecibo was granted a construction per­ 307(b), which of the operations proposed mit for a new FM Station for Manati, P.R. [seal] B en F. W aple, in the above-captioned applications Secretary. (WMNT—FM) (BPH-5897), on Mar. 21, 1968. would on a comparative basis better The deadline for completion of construction [F.R. Doc. 69-7144; Filed, June 16, 1969; is now July 15, 1969. serve the public interest. 8:47 a.m.] * Arecibo’s nighttime proposal indicates an (12) To determine, in the light of the increase of approximately 80 percent in its evidence adduced pursuant to the fore­ 6 Commissioner Robert E. Lee concurring service area and 55 percent in population going issues which, if any, of the appli­ in the result; Commissioner Wadsworth (4.57 mv/m limited contour). cations should be granted. absent.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 No. 115------8 9470 NOTICES Commission for approval pursuant to and the comments should indicate that section 15 of the Shipping Act, 1916, as this has been done. FEDERAL MARITIME COMMISSION amended (39 Stat. 733, 75 Stat. 763, 46 Feamley & Eger and A. F. Klaveness & CITY OF LOS ANGELES AND U.S.C. 814). Co. A/S Joint Service. Notice of Agreement filed for approval MATSON NAVIGATION CO. Interested.parties may inspect and ob­ tain a copy of the agreement at the by: Notice of Agreement Filed for Washington office of the Federal Mari­ Seymour H. Kligler, Esq., Herman Goldman, Approval time Commission, 1405 I Street NW., Equitable Building, 120 Broadway, New York, N.Y. 10005. Notice is hereby given that the follow­ Room 1202, or may inspect agreements at ing agreement has been filed with the the offices of the District Managers, New Agreement No. 8512-4 between six (6) Commission for approval pursuant to York, N.Y., New Orleans, La., and San Norwegian companies under the opera­ section 15 of the Shipping Act, 1916, as Francisco, Calif. Comments with refer­ tion and control of Fearnley & Eger and ence to an agreement including a request three (3) Norwegian companies under amended (39 Stat. 733, 75 Stat. 763, 46 for hearing, if desired, may be sub­ U.S.C. 814). the operation and control of A. F. Klave­ Interested parties may inspect and ob­ mitted to the Secretary, Federal Mari­ ness & Co., A/S modifies the basic joint tain a copy of the agreement at th e , time Commission, Washington, D.C. service Agreement No. 8512, as amended, Washington office of the Federal Mari­ 20573, within 20 days after publication covering various worldwide trades. The time Commission, 1405 I Street NW., of this notice in the F ederal R egister. purpose of the modification is to accom­ Room 1202, or may inspect agreements at A copy of any such statement should also plish the withdrawal of Feamley & Egers the offices of the District Managers, New be forwarded to the party filing the Befragtningsforretning A/S as a party to York, N.Y., New Orleans, La., and San agreement (as indicated hereinafter),, the joint service pursuant to Article 12 and the comments should indicate that of the basic agreement. Francisco, Calif. Comments with refer­ this has been done. ence to an agreement including a request Dated: June 12,1969. for hearing, if desired, may be submitted Notice of agreement filed for approval to the Secretary, Federal Maritime Com­ by: By order of the Federal Maritime mission, Washington, D.C. 20573, within J. Kerwin Rooney, Port Attorney, Port of Commission. Oakland, 66 Jack London Square, Oakland, T homas Lisi, 20 days after publication of this notice Secretary. in the F ederal R egister. A copy of any Calif. 94607. such statement should also be forwarded Agreement No. T-1908-4, between the [F.R. Doc. 69-7133; Filed,. June 16, 1969; to the party filing the agreement (as in­ City of Oakland and Marine Terminals 8:47 a.m.] dicated hereinafter), and the comments Corp. (MTC), modifies the basic agree­ should indicate that this has been done. ment which provides for the nonexclu­ FERN LINE-—BARBER-FERN LINE Notice of agreement filed for approval sive preferential assignment to MTC of by: certain premises in the “Port Area” of Notice of Agreement Filed for Mr. Edward C. Farrell, Assistant City Attor­ Oakland, Calif. The purpose of the Approval ney, City of Los Angeles, Post Office Box 151, modification is to increase the amount San Pedro, Calif. 90733. by which MTC may be reimbursed for Notice is hereby given that the follow­ ing agreement has been filed with the Agreement No. T-2309, between the the cost of constructing the bulk com­ modity bagging facility. Commission for approval pursuant to City of Los Angeles (City) and Matson section 15 of the Shipping Act, 1916, as Navigation Co. (Matson) is a commit­ Dated: June 12, 1969. amended (39 Stat. 733, 75 Stat. 763, 46 ment and guarantee agreement whereby By order of the Federal Maritime U.S.C.814). the City agrees to proceed at its own cost Interested parties may inspect and ob­ and expense with the development and Commission. Thomas Lis i, tain a copy of the agreement at the construction of a marine container ter­ Secretary. Washington office of the Federal Mari­ minal facility at Berths 207-209, Los time Commission, 1405 I Street NW., Angeles Harbor. The parties agree to [F.R. Doc. 69-7132; Filed, June 16, 1969; 8:47 a.m.j. Room 1202; or may inspect agreements negotiate a long-term Preferential Berth at the offices of the District Managers, Assignment on the basis of minimum New York, N.Y., New Orleans, La., and and maximum guarantees for Matson’s San Francisco, Calif. Comments with use of the facility. If construction of the FEARNLEY & EGER AND A. F. KLAVENESS & CO. reference to an agreement including a facility is completed prior to any re­ request for hearing, if desired, may be quired approval of the preferential Notice of Agreement Filed for submitted to the Secretary, Federal Mar­ berthing agreement by the Federal Mari­ Approval itime Commission, Washington, D.C. time Commission, Matson shall have the 20573, within 10 days after publication right and obligation to occupy the facility Notice is hereby given that the follow­ of this notice in the F ederal R egister. A at tariff rates under the regular form ing agreement .has been filed with the copy of any such statement should also of Preferential Berth Assignment in use Commission for approval pursuant to be forwarded to the party filing the at the time by the City. Matson agrees section 15 of the Shipping Act, 1916, as agreement (as indicated hereinafter) to be obligated to City for certain costs, amended (39 Stat. 733, 75 Stat. 763, 46 and the comments should indicate that as outlined in the agreement. U.S.C.814). this has been done. Dated: June 12, 1969. Interested parties may inspect and ob­ Notice of Agreement filed for approval tain a copy of the agreement at the by: By order of the Federal Maritime Washington office of the Federal Mari­ Seymour H. Kligler, Esq., Herman Goldman, Commission. time Commission, 1405 I Street NW., Equitable Building, 120 Broadway, New T homas Lis i, Room 1202; or may inspect agreements York, N.Y. 10005. Secretary. at the offices of the District Managers, [F.R. Doc. 69-7131; Filed, June 16, 1969; New York, N.Y., New Orleans, La., and Agreement No. 9346-1 between six (6) 8:47 a.m.j San Francisco, Calif. Comments with Norwegian companies under the man­ reference to an agreement including a agement and control of Feamley & Eger request for hearing, if desired, may be and operating under approved Agree­ CITY OF OAKLAND AND submitted to the Secretary, Federal Mar­ ment No. 9346 modifies the joint service MARINE TERMINALS CORP. itime Commission, Washington, D.C. covering the trade to and from ports of 20573, within 10 days after publication the United States and various worldwide Notice of Agreement Filed for of this notice in the F ederal R egister. A areas as set forth in the agreement. The Approval copy of any such statement should also purpose of the modification is to accom­ Notice is hereby given that the follow­ be forwarded to the party filing the plish the withdrawal of Feamley & Eger ing agreement has been filed with the agreement (as indicated hereinafter) Befragtningsforretning A/S as a party

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9471 to the joint service pursuant to Article requirements of its rules relative to the Petroleum Corp. (Operator) et al., Dock­ 10 of the basic agreement. construction and filing of tariff publica­ et No. RI69-350. tions, except insofar as it permits the In the order providing for hearings on Dated: June 12,1969. statutory filing of requested changes. and suspension of proposed changes in By order of the Federal Maritime By the Commission. rates, issued December 27,1968, and pub­ Commission. lished in the F ederal R egister January T homas Lis i, [seal] T homas Lis i, 8, 1969 (34 F.R. 278), Appendix A, page Secretary. Secretary. 7, Docket No. RI69-350, Pan American fP.R, Doc. 69-7134; Piled, June 16, 1969; [F.R. Doc. 69-7135; Filed, June 16, 1969; Petroleum Corp. (Operator) et al. (Op­ 8:47 a.m.] 8:47 a.m.] posite Rate Schedule No. 232, under column headed “Supp. No.” change “3” [Docket No. 69-26] to read “4”. G ordon M. G rant, SEA-LAND SERVICE, INC. FEDERAL POWER COMMISSION Secretary. [Docket No. RI69-288 etc.] General Increases in Rates in U.S. [F.R. Doc. 69-7108; Filed, June 16, 1969; ATLANTIC RICHFIELD CO. AND 8:46 a.m.] Atlantic/Puerto Rico Trade GULF OIL CORP. Third supplemental order and special [Docket No. G-6931 etc.] permission No. 5043. Order Accepting Contract Amend­ By the original order in this proceed­ ments, Providing for Hearings on STAR GAS CO. ET AL. and Suspension of Proposed ing served May 14, 1969, the Commis­ Findings and Order; Correction sion placed under investigation a 10 per­ Changes in Rates; Correction cent general rate increase of the subject J une 5,1969. carrier, and suspended to and including J u n e 5 , 1 9 6 9 . Atlantic Richfield Co., Docket No. Star Gas Co. (successor to United September 17, 1969, Supplement No. 51 Carbon Co.) and other Applicants listed to .Tariff FMC-F No. 3 (Pan-Atlantic RI69-288 et al.; Gulf Oil Corp., Docket No. RI69-298. herein, Docket No. G-6931 et al.; Magna Steamship Corp. FMC-F Series) and Oil Corp., Docket No. G-19958. Supplement No, 15 to Tariff FMC-F No. In the order accepting contract amendments, providing for hearings on In the findings and order after statu­ 2 (Pan-Atlantic Steamship Corp. FMC-F tory hearing issuing certificates of pub­ Series), among other tariff matters. The and suspension of proposed changes in Commission’s order prohibits changes rates, issued December 13,1968, and pub­ lic convenience and necessity, amending in tariff matter held in effect by reason lished in the F ederal R egister Decem­ orders issuing certificates, permitting of suspension, during the period of sus­ ber 24, 1968 (34 F.R. 19212), page 4, and approving abandonment of service, pension, unless otherwise ordered by the line 1, Docket No. RI69-298, Gulf Oil terminating certificates, making succes­ Commission. Corp.: Under column headed “Supp. No.” sors co-respondents, redesignating pro­ change “38” to read “40”. ceedings, requiring filing of agreements By Special Permission Application No. and undertakings, accepting agreement 255, filed by Sea-Land Service, Inc., au­ G ordon M. G rant, and undertaking for filing, and accepting thority is sought under the provisions of Secretary. related rate schedules and supplements section 2 of the Intercoastal Shipping [F.R. Doc. 69-7106; Filed, June 16, 1969; Act, 1933, to depart from the terms of for filing, issued May 20, 1969, and pub­ 8:46 a.m.] lished in the F ederal R egister May 29, Rule 20(c) of Tariff Circular No. 3 and 1969 (34 F.R. 8312), page 12, column 6: the terms of the original order in this [Docket No. RI69-374 etc.] Change Supplement No. “8” to read Sup­ proceeding to the extent necessary to plement No. “9” related to Docket No. permit the filing, upon statutory notice, PAN AMERICAN PETROLEUM CORP. G-19958. of pages which will eliminate certain AND AZTEC OIL & GAS CO. maximum rates thereby changing tariff Gtordon M. G rant, matter continued in effect by reason of Order Providing for Hearings on and Secretary. suspension in this proceeding. Suspension of Proposed Changes [F.R. Doc. 69-7109; i'iled, June 16, 1969; A full investigation of the matters in­ in Rates; Correction 8:46 a.m.] volved in the application having been J u n e 5 , 1 9 6 9 . made, which application is hereby re­ [Docket No. RI69-77 etc.] ferred to and made a part hereof : Pan American Petroleum Corp., Dock­ It is ordered, That: et No. RI69-374 et al.; Aztec Oil & Gas SUNRAY DX OIL CO. Co., Docket No. RI69-379. 1. Authority is granted to Sea-Land Order Permitting Rate Filing, Accept­ Service, Inc., to depart from Rule 20(c) In the order providing for hearings on of Tariff Circular No. 3 and the terms and suspension of proposed changes in ing “Supplement a n d Contract of the order in Docket No. 69-26 to make rates, issued December 30, 1968, and Amendment, Providing for Hear­ the requested changes in rates and pro­ published in the F ederal R egister Janu­ ings on and Suspension of Pro­ visions held in effect by reason of sus­ ary 9, 1969 (34 F.R. 329), Appendix A, posed Changes in Rates; Correction pension in said docket, said changes to page 7, line 1, Docket No. RI69-379, become effective on statutory notice as Aztec Oil & Gas Co.: Under column head­ J u n e 5 , 1 9 6 9 . requested by Special Permission Appli­ ed “Supp. No.” change “35” to “36”. Sunray DX Oil Co., Docket No. RI69- cation No. 255. G ordon M. G rant, 77 et al.; Sunray DX Oil Co., Docket No. 2. The authority granted hereby does Secretary. RI69-77. In the order permitting rate filing, ac­ not prejudice the rights of this Commis­ [F.R. Doc. 69-7107; Filed, June 16, 1969; sion to suspend any publications sub­ 8:46 a.m.] cepting supplement and contract amend­ mitted pursuant thereto, either upon ment, providing for hearings on and sus­ receipt of protest or upon this Commis­ pension of proposed changes in rates, is­ sion’s own motion under section 3 of the [Docket No. RI69-349 etc.] sued September 11, 1968, and published Intercoastal Shipping Act, 1933. PAN AMERICAN PETROLEUM in the F e d e r a l R e g i s t e r September 18, 3. -Publications issued and filed here­ CORP. ET AL. 1968 (34 F.R. 14191), page 2, Docket No. under shall bear the notation: “Issued RI69-77, Sunray DX Oil Co.: (Opposite under authority of Third Supplemental Order Providing for Hearings on and Rate Schedule No. 259) under column Order in Docket No. 69-26 and Federal Suspension of Proposed Changes headed “Supp. No.” change “5” to read Maritime Commission Special Permis­ in Rates; Correction “7”. • sion No. 5043.” G o r d o n M . G r a n t , 4. This special permission does not J une 5,1969. Secretary. modify any outstanding formal orders of Pan American Petroleum Corp., Dock­ [F.R. Doc. 69-7110; Filed, June 16, 1969; the Commission, nor waive any of the et No. RI69-349 et al.; Pan American 8:46 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9472 NOTICES {Docket No. RI69-740] Brothers) and other Applicants listed concerned, and the convenience and TEXACO, INC. herein, Docket No. G-3620 et al.; Ray A. needs of the community to be served. Jones (successor to Quaker State Oil Not later than thirty (30) days after Order Accepting Superseding Con­ Refining Corp., Docket No. CI65-1354; the publication of this notice in the F ed­ tract, Providing for Hearing on and Sabiana Oil Co., Inc., et al., Docket No. eral R egister, comments and views re­ Suspension of Proposed Changes CI69-855 (G-12057). garding the proposed acquisition may be in Rates, and Allowing Rate In the findings and order after statu­ filed with the Board. Communications tory hearing issuing certificates of public should be addressed to the Secretary, Changes To Become Effective Sub­ convenience and necessity, canceling Board of Governors of the Federal Re­ ject to Refund; Correction docket numbers, amending orders issuing serve System, Washington, D.C. 20551. J une 5,1969. certificates, permitting and approving The application may be inspected at the abandonment of service, terminating office of the Board of Governors or the In the order accepting superseding certificates, terminating proceedings, Federal Reserve Bank of New York. contract, providing for hearing on and making successors co-respondents, redes­ suspension of proposed changes in rates, ignating proceedings, requiring filing of Dated at Washington, D.C. this 10th and allowing rate changes to become ef­ agreement and undertaking, and accept­ day of June 1969. fective subject to refund, issued May 9, ing related rate schedules and supple­ By order of the Board of Governors. 1969, and published in the F ederal R eg­ ments for filing, issued May 7, 1969, and [seal] R obert P. F orrestal, ister May 15, 1969 (34 F.R. 7733), on published in the F ederal R egister May page 2 (opposite Rate Schedule No. 327): 17,1969 (34 F.R. 7877), on page 10, para­ Assistant Secretary. Under column headed “Effective Date graph (N) : Change Docket No. “G- [F.R. Doc. 69-7071; Filed, June 16, 1969; Unless Suspended” change “5-17-69” to 12059” to read Docket No. “G-12057”. On 8:45 a.m.] read “6-1-69” and change Footnote “4” page 16, fourth column: Change the to read Footnote “11”. Under column effective date to “11-1-68” in lieu of headed “Date Suspended Until” change “1-1-68” related to Docket No. CI65- “5-18-69” to read “6-2-69”. On page 2, 1354. SECURITIES AND EXCHANGE under Footnotes: Add a new footnote to G ordon M. G rant, read: Secretary. COMMISSION “ The stated effective date is the effective [F.R. Doc. 69-7113; Filed, June 16, 1969; [70-4759] date requested by Respondent. 8:46 a.m.j APPALACHIAN POWER CO. ET At. G ordon M. G rant, Secretary. Notice of Proposed Issue and Sale of [F.R. Doc. 60-7111; Filed, June 16, 1969; Notes to Banks and to Dealers in 8:46 a.m.] FEDERAL RESERVE SYSTEM Commercial Paper and Exemption CHARTER NEW YORK CORP. From Competitive Bidding [Docket No. RI69-732 etc.] J une 11, 1969. Notice of Application for Approval of TEXACO, INC., ET AL, In the matter of Appalachian Power Acquisition of Shares of Bank Company, 40 Franklin Road, Roanoke, Order Accepting Contract Amend­ Notice is hereby given that application Va. 24009; Indiana & Michigan Electric ment, Providing for Hearings on has been made to the Board of Governors Company, 2101 Spy Run Avenue, Fort a n d Suspension of Proposed of the Federal Reserve System pursuant Wayne, Ind. 46801; Ohio Power Com­ Changes in Rates; Correction to section 3(a) of the Bank Holding Com­ pany, 301 Cleveland Avenue SW., Can­ pany Act of 1956 (12 U.S.C. 1842(a)), by ton, Ohio 44701. J une 5,1969. Charter New York Corp., which is a bank Notice is hereby given that Appala­ Texaco, Inc., Docket No. RI69-732 holding company located in New York, chian Power Co. (“Appalachian”) , In­ et al.; Texaco, Inc., Docket No. RI69-732; N.Y., for the prior approval of the Board diana & Michigan Electric Co. (“I&M”), Reading & Bates Production Co. et al., of the acquisition by. Applicant of all of and Ohio Power Co. (“Ohio Power”), Docket No. RI69-733. the outstanding voting shares (less direc­ electric utility subsidiary companies of In the order accepting contract tors’ qualifying shares) of the successor American Eleotric Power Co., Inc., a amendment, providing for hearings on by merger to Scarsdale National Bank registered holding company, have filed and suspension of proposed changes in and Trust Co., Scarsdale, N.Y. an application and an amendment rates, issued May 9, 1969, and published Section 3(c) of the Act provides that thereto with this Commission pursuant in the F ederal R egister May 16, 1969 the Board shall not approve (1) any ac­ to the Public Utility Holding Company (34 F.R. 7837), page 2, line 1, Docket No. quisition or merger or consolidation Act of 1935 (“Act”) , designating section RI69-732, Texaco, Inc.: Under column under this section which would result in 6(b) of the Act and Rule 50(a) (5) pro­ headed “Effective Date Unless Suspend­ a monopoly, or which would be in fur­ mulgated thereunder as applicable to ed” change “5-27-69” to read “6-1-69.” therance of any combination or con­ the proposed transactions. All interested Under column headed “Date Suspended spiracy to monopolize or to attempt to persons are referred to the application, Until” change “10-27-69” to read “11- monopolize the business of banking in which is summarized below, for a com­ 1-69.” On page 2, Docket No. RI69-733, any part of the United States, or (2) any plete statement of the proposed trans­ Reading & Bates Production Co. et al. other proposed acquisition or merger or actions. (Operator) (Opposite Rate Schedule consolidation under this section whose The applicant companies request that No. 1) under column headed “Supp. No.” effect in any section of the country may from the date of the granting of this ap­ change “2” to read “3”. be substantially to lessen competition, or plication to June 30, 1971, the exemp­ to tend to create a monopoly, or which in tion from the provisions of section 6(a) G ordon M. G rant, any other manner would be in restraint of the Act afforded to it by the first Secretary. of trade, unless it finds that the anticom­ sentence of section 6(b) of the Act, re­ [F.R. Doc. 69-7112; Filed, June 16, 1969; petitive effects of the proposed transac­ lating to the issue of short-term notes, 8:46 a.m.] tion are clearly outweighed in the public be increased to the extent necessary to interest by the probable effect of the cover the issuance and sale of notes to [ Docket No. G-3620 etc. ] transaction in meeting the convenience banks and to dealers in commercial paper up to the maximum amounts al­ J. R. WELCH ET AL. and needs of the community to be served. Section 3(c) further provides that, in lowable under the certificates of in­ Findings and Order; Correction corporation of the respective companies. every case, the Board shall take into con­ As of March 31,1969, such amounts were J une 5,1969. sideration the financial and managerial $56,300,000 in the case of Appalachian, J. R. Welch (successor to Carl D. andresources and future prospects of the $39,500,000 in the case of I&M, and Edith Rhyne Jackson d.b.a. Jackson company or companies and the banks $74,600,000 in the case of Ohio. Such

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE \7t 1969 NOTICES 9473 amounts' represent the maximum interest cost which exceeds the effective For the Commission (pursuant to dele­ amounts of notes presently to be author­ interest cost at which the applicant com­ gated authority). ized under this application. Changes may panies could borrow from banks. The be made in the maximum amount of dealers will reoffer the commercial paper [seal] Orval L. D uB ois, notes to be outstanding for each of the notes to not more than 100 of their cus­ Secretary. applicant companies after the filing of a tomers identified and designated in a list [F.R. Doc. 69-7100; Filed, June 16, 1969; posteffective amendment setting forth (nonpublic) prepared in advance. It is 8:46 a.m.] such changes and upon the granting of expected that the applicant companies’ such posteffective amendment by further commercial paper notes will be held by order of the Commission. The applicant each dealer’s customers to maturity, but companies propose, under such exemp­ if the customers wish to resell prior to INTERSTATE COMMERCE tion, to issue and sell from time to time maturity, the dealer, pursuant to a verbal and renew from time to time short-term repurchase agreement, will repurchase COMMISSION notes to banks and to dealers in com­ the notes and reoffer them to others in [S.O. 1002; Car Distribution Direction 51, mercial paper prior to June 30, 1971: its group of 100 customers. Arndt. 1 ] Provided, That none of such notes shall The applicant companies request ex­ mature later than December 31, 1971. emption from the competitive bidding ERIE-LACKAWANNA RAILWAY CO. The proceeds from the issue and sale of requirements of Rule 50 for the proposed AND CHICAGO, BURLINGTON & the notes will be used by each of the issue and sale of their commercial paper QUINCY RAILROAD CO. applicant companies to reimburse its pursuant to paragraph (a) (5) thereof. treasury for past expenditures made in They state that it is not practicable to Car Distribution connection with its construction pro­ invite competitive bids for commercial Upon further consideration of Car gram, to pay part of the cost of its future paper and that current rates for com­ Distribution Direction No. 51, and good construction program, and for other mercial paper of prime borrowers such cause appearing therefor: corporate purposes. Such construction as the applicant companies are published It is ordered, That: expenditures, for the second half of 1969 daily in financial publications. The ap­ Car Distribution Direction No. 51 be, and for the years 1970 and 1971, are esti­ plicants also request authority to file and it is hereby amended by substituting mated to total $318 million for Appala­ certificates under Rule 24 with respect to the following paragraph (4) for para­ chian, $360 million for I&M, and $274 the issue and sale of commercial paper graph (4) thereof: million for Ohio. The application states hereafter consummated pursuant to this (4) Expiration date. This direction that, unless otherwise authorized by the proceeding on a quarterly basis. shall expire at 11:59 p.m., June 29, 1969, Commission, any short-term debt of any The application states that fees and unless otherwise modified, changed, or of the applicants outstanding after expenses related to the proposed trans­ suspended. June 30, 1971, will be retired from in­ actions are estimated not to exceed $1,000 It is further ordered, That this ternal cash resources, permanent debt for each of the applicant companies. It amendment shall become effective at or equity financing, or cash capital is further stated that the Virginia State 11:59 p.m., June 15, 1969, and that it contributions. Corporation Commission has jurisdic­ shall be served upon the Association of Each note payable to a bank to be is­ tion over the transactions proposed by American Railroads, Car Service Divi­ sued by the applicant companies will be Appalachian and that no other State sion, as agent of all railroads subscrib­ dated as of the date of the borrowing commission and no Federal commission, ing to the car service and per diem agree­ which it evidences and will mature not other than this Commission, has juris­ ment under the terms of that agreement; more than 270 days after the date of diction over the proposed transactions. and that it be filed with the Director, issuance or renewal thereof. Each such Notice is further given that any inter­ Office of the Federal Register. note will bear interest at the prime rate ested person may, not later than June of commercial banks at the time of is­ 30, 1969, request in writing that a hear­ Issued at Washington, D.C., June 11, suance and will be prepayable at any ing be held on such ipatter, stating the 1969. time without premium or penalty. None nature of his interest, the reasons for I nterstate Commerce of the applicant companies will effect such request, and the issues of fact or Commission, any borrowings from banks pursuant to law raised by said application which he [seal] R. D. P fahler, this application until a posteffective desires to controvert; or he may request Agent. amendment thereto has been filed set­ that he be notified if the Commission [F.R. Doc. 69-7116; Filed, June 16, 1969; ting forth the name or names of the should order a hearing thereon. Any 8:46 a.m.] banks from which such borrowings are to such request should be addressed: Sec­ be effected and such posteffective amend­ retary, Securities and Exchange Com­ [S.O. 1002; Car Distribution Direction 55, ment shall have been granted by further mission, Washington, D.C. 20549. A copy Amdt. 1 ] order of the Commission. of such request should be served person­ The commercial paper notes will be in ' ally or by mail (airmail if the person KANSAS CITY SOUTHERN RAILWAY the form of promissory notes in denomi­ being served is located more than 500 CO. ET AL. nations of not less than $50,000 nor more miles from the point of mailing) upon than $5 million and will be of varying the applicant at the above-stated ad­ Car Distribution maturities, with no maturity more than dress, and proof of service (by affidavit To: Kansas City Southern Railway 270 days after the date of issue; none will or, in case of an attorney at law, by cer­ Co., Louisiana & Arkansas Railway Co., be prepayable prior to maturity. The * tificate) should be filed with the request. and Missouri-Kansas-Texas Railroad commercial paper notes of each appli­ At any time after said date, the applica­ Co. cant will be sold directly to two dealers tion, as amended or as it may be further Upon further consideration of Car at a discount not in excess of the dis­ amended, may be granted as provided Distribution Direction No. 55, and good count rate per annum prevailing at the in Rule 23 of the general rules and reg­ cause appearing therefor: time of issuance for commercial paper ulations promulgated under the Act, or It is ordered, That: of comparable quality and of the par­ the Commission may grant exemption Car Distribution Direction No. 55 be, ticular maturity sold by issuers to from such rules as provided in Rules and it is hereby amended by substi­ dealers in commercial paper. The dealers 20(a) and 100 thereof or take such other tuting the following paragraph (4) for may reoffer the commercial paper at a action as it may deem appropriate. Per­ paragraph (4) thereof: discount rate one-eighth of 1 percent per- sons who request a hearing or advice as (4) Expiration date. This direction annum less than the discount rate to to whether a hearing is ordered will re­ shall expire at 11:59 p.m., June 29, 1969, the applicant companies. No commercial ceive notice of further developments in unless otherwise modified, changed, or this matter, including the date of the suspended. paper notes will be issued having a ma­ hearing (if ordered) and any postpone­ It is further ordered, That this amend­ turity more than 90 days at an effective ments thereof. ment shall become effective at 11:59 p.m.,

FEDERAL REGISTER, V O L 34, NO. 115— TUESDAY, JUNE 17, 1969 9474 NOTICES June 15, 1969, and that it shall be served terms of that agreement; and that it be p.m., June 15, 1969, and that it shall be upon the Association of American Rail­ filed with the Director, Office of the served upon the Association of Ameri­ roads, Car Service Division, as agent of Federal Register. can Railroads, Car Service Division, as all railroads subscribing to the car serv- agent of all railroads subscribing to the tice and per diem agreement under the Issued at Washington, D.C., June 11, car service and per diem agreement un­ terms of that agreement; and that it be 1969. der the terms of that agreement; and filed with the Director, Office of the I nterstate Commerce that it be filed with the Director, Office Commission, of the Federal Register. Federal Register. [seal] R. D. P fahler, Issued at Washington, D.C., June 11, Agent. Issued at Washington, D.C., June 11, 1969. [F.R. Doc. 69-7120; Filed, June 16, 1969; 1969. Interstate Commerce 8:46 a.m.] I nterstate Commerce Commission, Commission, [seal] P fahler, [seal] R. D. P fahler, [S.O. 1002; Car Distribution Direction 53, R. D. Agent. Amdt. 1 ] Agent. [F.R. Doc. 69-7117; Filed, June 16, 1969; [F.R. Doc. 69-7121; Filed, June 16, 1969; 8:46 a.m>] PENN CENTRAL CO. AND CHICAGO, 8:46 a.m.] ROCK ISLAND AND PACIFIC RAIL­ [S.O. 1002; Car Distribution Direction 54-A] ROAD CO. [S.O. 1002; Car Distribution Direction 56] NORFOLK AND WESTERN RAILWAY Car Distribution SEABOARD COAST LINE RAILROAD CO. AND ATCHISON, TOPEKA AND Upon further consideration of Car Dis­ CO. AND ST. LOUIS-SAN FRAN­ SANTA FE RAILWAY CO. tribution Direction No. 53, and good cause CISCO RAILWAY CO. appearing therefor: Car Distribution It is ordered, That: Car Distribution Upon further consideration of Car Car Distribution Direction No. 53 be, Pursuant to section 1 (15) and (17) of Distribution Direction No. 54, and good and it is hereby amended by substituting the Interstate Commerce Act and au­ cause appearing therefor: the following paragraph (4) for para­ thority vested in me by Interstate Com­ It is ordered, That : graph (4) thereof: merce Commission Service Order No. Car Distribution Direction No. 54 be, (4) Expiration date. This direction 1002: and it is hereby vacated. shall expire at 11:59 pm., June 29, 1969, It is ordered, That: It is further ordered, That this order unless otherwise modified, changed, or (1) Each common carrier by railroad shall become effective at 11:59 p.m., suspended. subject to the Interstate Commerce Act June 10, 1969, and that it shall be served It is further ordered, That this amend­ shall comply with the following distri­ upon the Association of American Rail­ ment shall become effective at 11:59 p.m., bution directions: roads, Car Service Division, as agent of June 15, 1969, and that it shall be served (a) The Seaboard Coast Line Railroad upon the Association of American Rail­ Co. shall deliver to the St. Louis-San all railroads subscribing to the car serv­ roads, Car Service Division, as agent of ice and per diem agreement under the Francisco Railway Co. a weekly total of all railroads subscribing to the car serv­ 175 empty plain serviceable boxcars with terms of that agreement; and that it be ice and per diem agreement under the filed with the Director, Office of the inside length less than 44 feet 8 inches Federal Register. terms of that agreement; and that it be and doors less than 8 feet wide. Excep­ filed with the Director, Office of the tions : Canadian ownerships. Issued at Washington, D.C., June 10, Federal Register. It is further ordered, That the rate of 1969. Issued at Washington, D.C., June 11, delivery specified in this direction shall Interstate Commerce 1969. be maintained within weekly periods Commission, I nterstate Commerce ending each Sunday at 11:59 p.m., so [seal] R. D. P fahler, Agent. Commission, that at the end of each 7 days the full [seal] R. D. P fahler, delivery required for that period shall [F.R. Doc. 69-7118; Filed, June 16, 1969; Agent. have been made. 8:46 a.m.] [F.R. Doc. 69-7119; Filed, June 16, 1969; It is further ordered, That cars ap­ 8:46 a.m.] plied under this direction shall be so [S.O. 1002; Car Distribution Direction 52, identified on empty car cards, movement Amdt. 1] slips, and interchange records as mov­ [S.O. 1002; Car Distribution Direction 50, ing under the provisions of this direction. PENN CENTRAL CO. AND CHICAGO, Amdt. 1J (b) The carriers delivering the empty BURLINGTON & QUINCY RAIL­ SEABOARD COAST LINE RAILROAD boxcars as described above must advise ROAD CO. CO. ET AL. Agent R. D. Pfahler each Wednesday as to the number of cars, covered by this Car Distribution Car Distribution direction, delivered dining the preceding Upon further consideration of Car Dis­ To: Seaboard Coast Line Railroad Co., week, ending each Sunday at 11:59 p.m. tribution Direction No. 52, and good cause Norfolk and Western Railway Co., and (c) The carriers receiving the cars appearing therefor: Chicago, Burlington & Quincy Railroad described above must advise Agent It is ordered, That: Co. R. D. Pfahler each Wednesday as to the Car Distribution Direction No. 52 be, Upon further consideration of Car Dis­ number of cars received during the pre­ and it is hereby amended by substituting tribution Direction No. 50, and good ceding week, ending each Sunday at the following paragraph (4) for para­ cause appearing therefor: 11:59 p.m. graph (4) thereof: It is ordered, That: (2) Regulations suspended: The oper­ (4) Expiration date. This direction Car Distribution Direction No. 50 be, ation of all rules and regulations, insofar shall expire at 11:59 p.m., June 29, 1969, and it is hereby amended by substituting as they conflict with the provisions of unless otherwise modified, changed, or the following paragraph (4) for para­ this direction, is hereby suspended. suspended. graph (4) thereof: (3) Effective date: This direction shall It is further ordered, That this amend­ become effective at 12:01 a.m., June 11, ment shall become effective at 11:59 p.m., (4) Expiration date. This direction shall expire at 11:59 p.m., June 29, 1969, 1969. June 15, 1969, and that it shall be served (4) Expiration date: This direction upon the Association of American Rail­ unless otherwise modified, changed, or roads, Car Service Division, as agent of suspended. shall expire at 11:59 p.m„ July 13, 1969, all railroads subscribing to the car serv­ It is further ordered, That this amend­ unless otherwise modified, changed or ice and per diem agreement under the ment shall become effective at 11:59 suspended by order of this Commission.

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 94751 It is further ordered, That a copy of It is further ordered, That this amend­ No. MC 57880 (Sub-No. 10 TA), filed this direction shall be served upon the ment shall become effective at 11:59 June 9, 1969. Applicant: ASHTON Association of American Railroads, Car p.m., June 15, 1969, and that it shall be TRUCKING CO., 1201 North Broadway, Service Division, as agent of all rail­ served upon the Association of American Monte Vista, Colo. 81144. Applicant’s roads subscribing to the car service and Railroads, Car Service Division, as agent representative: Edward T. Lyons, Jr., per diem agreement under the terms of of all railroads subscribing to the car 420 Denver Club Building, Denver, Colo. that agreement; and that notice of this service and per diem agreement under 80202. Authority sought to operate as a direction be given to the general public the terms of that agreement; and that common carrier, by motor vehicle, over by depositing a copy in the Office of the it be filed with the Director, Office of the irregular routes, transporting: Lime­ Secretary of the Commission at Wash­ Federal Register. stone and limestone products, in bags, ington, D.C., and by filing it with the Issued at Washington, D.C., June 11, from Glenwood Springs, Colo., to points Director, Office of the Federal Register. 1969. in New Mexico and Wyoming, for 180 Issued at Washington, D.C., June 10, I nterstate Commerce days. Supporting shippers: Basic Chem­ 1969. Commission, ical Corp., Post Office Box 249, Glenwood I nterstate Commerce [seal] R. D. P fahler, Springs, Colo. 81601; Smith Chemical Commission, Agent. Co., Post Office Box 788, 645 East Fourth Avenue, Grand Junction, Colo. 81501. [seal] R. D. P fahler, [F.R. Doc. 69-7124; Filed, June 16, 1969; Agent. Send protests to: District Supervisor 8:46 a.m .j Herbert C. Ruoff, Interstate Commerce [F.R. Doc. 69-7122; Filed, June 16, 1969; 8:46 a.m.] Commission, Bureau of Operations, 2022 [Notice 850] Federal Building, Denver, Colo. 80202. No. MC 69981 (Sub-No. 12 TA), [S.O. 1002; Corrected Car Distribution MOTOR CARRIER TEMPORARY filed June 9, 1969. Applicant: ADOLPH Direction 44-A] AUTHORITY APPLICATIONS E. HULCHER AND AUSTIN W. SEABOARD COAST LINE RAILROAD J une 12, 1969. HULCHER, doing business as A. E. HULCHER AND SON, Post Office Box CO. ET AL. The following are notices of filing of applications for temporary authority un­ 167, Virden, 111. 62690. Applicant’s repre­ Car Distribution sentative: Mack Stephenson, 301 North der section 210a(a) of the Interstate Second Street, Springfield, 111. 62702. Au­ To: Seaboard Coast Line Railroad Co., Commerce Act provided for under the thority sought to operate as a common St. Louis-San Francisco Railway Co., new rules of Ex Parte No. MC-67 (49 carrier, by motor vehicle, over irregular and The Atchison, Topeka and Santa Fe CFR Part 340), published in the F ederal routes, transporting: Garbage disposal Railway Co. R egister-issue of April 27, 1965, effec­ units, electric, from Newton, Iowa, to Upon further consideration of Cor­ tive July 1, 1965. These rules provide points in Adams, Bond, Brown, Calhoun, rected Car Distribution Direction No. 44, that protests to the granting of an ap­ Cass, Champaign, Christian, Clark, Clin­ and good cause appearing therefor: plication must be filed with the field official named in the F ederal R egister ton, Coles, Crawford, Cumberland, De It is ordered, That: publication, within 15 calendar days Witt, Douglas, Edgar, Effingham, Fayette, Corrected Car Distribution Direction after th<* date of notice of the filing of Fulton, Greene, Hancock, Henderson, Henry, Jasper, Jersey, Knox, Logan, No. 44 be, and it is hereby vacated. the apiVcation is published in the F ed­ It is further ordered, That this order eral R egister. One copy of such protest McDonough, Macon, Macoupin, Madison, shall become effective at 11:59 p.m., must be served on the applicant, or its Marion, Mason, Menard, Mercer, Mont­ June 10, 1969, and that it shall be served authorized representative, if any, and gomery, Morgan, Moultrie, Peoria, Piatt, upon the Association of American Rail­ the protests must certify that such serv­ Pike, Rock Island, Sangamon, Scott, roads, Car Service Division, as agent of ice has been made. The proests must be Shelby, Stark, Tazewell, Vermilion, War­ all railroads subscribing to the car serv­ specific as to the service which such ren, Washington, Whiteside, and Wood­ ice and per diem agreement under the Protestant can and will offer, and must ford Counties, 111., for 180 days. Support­ terms of that agreement; and that it consist of a signed original and six copies. ing shipper: The Maytag Co., Newton, be filed with the Director, Office of the A copy of the application is on file, and Iowa 50208. Send protests to: Harold C. Federal Register. Jolliff, District Supervisor, Interstate can be examined at the Office of the Commerce Commission, Bureau of Oper­ Issued at Washington, D.C., June 10, Secretary, Interstate Commerce Commis­ ations, Room 476, 325 West Adams Street, 1969. sion, Washington, D.C., and also in the Springfield, 111. 62704. I nterstate Commerce field office to which protests are to be No. MC 115669 (Sub-No. 102 TA), filed Commission, transmitted. June 6, 1969. Applicant: DAHLSTEN [seal] R. D. P fahler, Motor Carriers of P roperty TRUCK LINE, Clay Center, Nebr. Agent. No. MC 49304 (Sub-No. 23 TA), filed 68933. Applicant’s representative: How­ [F.R. Doc. 69-7123; Filed, June 16, 1969; ard Dahlsten (same address as above). 8:46 a.m.] June 10, 1969. Applicant: BOWMAN TRUCKING COMPANY, INC., Post Of­ Authority sought to operate as a common fice Box 6, Stephens City, Va. 22655. Ap­ carrier, by motor vehicle, over irregular [S.O. 1002; Car Distribution Direction 46, plicant’s representative: Eston H. Alt, routes, transporting: Processed volcanic Arndt. 2] Post Office Box 81, Winchester, Va. 22601. ash, from Mankato, Kans., and points Authority sought to operate as a com­ within 3 miles thereof, to points in Colo­ SOUTHERN RAILWAY CO. AND MIS­ rado, Iowa, Missouri, Minnesota, Ne­ SOURI PACIFIC RAILROAD CO. mon carrier, by motor vehicle, over ir­ regular routes, transporting: Soft drinks, braska, Oklahoma, South Dakota, and Car Distribution from Winchester, Va., to points in Mary­ Wyoming, for 180 days. Supporting ship­ per: National Pumicite Development Upon further consideration of Car land, West Virginia, Pennsylvania, Dis­ trict of Columbia, New Jersey, Delaware, Corp., 5010 L Street, Lincoln, Nebr. Send Distribution Direction No. 46, and good protests to: District Supervisor Johnston, cause appearing therefor: North Carolina, and the New York, N.Y. commercial zone, and return of empty Interstate Commerce Commission, Bu­ It is ordered, That: bottles and shipping containers, to Win­ reau of Operations, 315 Post Office Build­ Car Distribution Direction No. 46 be, chester, Va., for 150 days. Supporting ing, Lincoln, Nebr. 68508. and it is hereby amended by substituting shipper: Bottler’s International, Inc., No. MC 117344 (Sub-No. 192 TA), filed the following paragraph (4) for para­ 447 Millwood Avenue, Winchester, Va. June 9, 1969. Applicant: THE MAX­ graph (4) thereof: 22601. Send protests to: Robert D. Cald­ WELL CO., 10380 Evendale Drive, Cin­ (4) Expiration date. This direction well, District Supervisor, Interstate Com­ cinnati, Ohio 45215. Applicant’s repre­ shall expire at 11:59 p.m., June 29, 1969, merce Commission, Bureau of Opera­ sentative: Thomas L. Maxwell (same ad­ unless otherwise modified, changed, or tions, 12th and Constitution-Avenue NW., dress as above). Authority sought to suspended. Washington, D.C. 20423. operate as a common carrier, by motor « FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9476 NOTICES vehicle, over irregular routes, transport­ Inc., 21 Division Street, Fairview, N.J. Counties, Pa.; (2) business papers, re­ ing: Adhesives, in bulk, in tank vehicles, Send protests to: District Supervisor ports and records, checks and audit and from Huntington, Ind., to the plantsite Stephen P. Tomany, Interstate Com­ accounting media, between Lancaster, of Steelcraft Manufacturing Co., Cin­ merce Commission, Bureau of Opera­ Pa., on the one hand, and, on the other, cinnati, Ohio, for 180 days. Supporting tions, 26 Federal Plaza, New York, N.Y. points in Howard County, Md., and those shipper: Inmont Corp., 1754 Dana Ave­ 10007. in Spotsylvania and Frederick Counties, nue, Cincinnati, Ohio 45207. Send pro­ No. MC 133644 (Sub-No. 1 TA), filed Va.; (3) business papers, reports and tests to: Emil P. Schwab, District Super­ June 9, 1969. Applicant: H. E. McCON- records, and audit and accounting media, visor, Interstate Commerce Commission, NELL AND H. E. McCONNELL, JR., a between points in Baltimore County, Bureau of Operations, 1010 Federal partnership, doing business as H. E. Mc­ Md., on the one hand, and, on the other, Building, 550 Main Street, Cincinnati, CONNELL & SON, 5117 V2 East Broad­ points in Dauphin, Bucks, and Blair Ohio 45202. way, North Little Rock, Ark. 72117. Ap­ Counties, Pa.; (4) business papers, rec­ No. MC 118159 (Sub-No. 68 TA), filed plicant’s representative: D. R. Partney, ords and audit and accounting media, June 6, 1969. Applicant: EVERETT 35 Glenmere Drive, Little Rock, Ark. between Harrisburg, Pa., on the one LOWRANCE, INC., 4916 Jefferson High­ 72204. Authority sought to operate as a hand, and, on the other, Washington, way, New Orleans, La. 70121. Applicant’s contract carrier, by motor vehicle, over D.C.; (5) business papers, business rec­ representative: David D. Brunson, Post irregular routes, transporting: Bauxite ords, and audit and accounting media, Office Box 671, Oklahoma City, Okla. ore, in bulk, in dump vehicles, from Ar­ between Allentown, Pa., on the one hand, Authority sought to operate as a common kansas River barge line port or ports at and, on the other, Washington, D.C., for carrier, by motor vehicle, over irregular or near Little Rock, Ark., to Reynolds 150 days. Supporting shippers: Eastman routes, transporting: Sodium hypochlo­ Metals Co. plant at or near Bauxite, Kodak Co., Rochester, N.Y. 14650; The rite solution (in containers), from Hous­ Ark., for 180 days. Supporting shipper: Service Bureau Corp., 1350 Avenue of the ton, Tex., to points in Mississippi and Orgulf Transport Co., Post Office Box Americas, New York, N.Y. 10019; D & H Arkansas, for 180 days. Supporting 1460, Cincinnati, Ohio 45201. Send pro­ Distributing Co., Post Office Box 1967, shipper: The Clorox Co., Oakland, Calif. tests to: District Supervisor William H. 2525 North Seventh Street, Harrisburg, Send protests to: W. R. Atkins, District Land, Jr., Interstate Commerce Com­ Pa. 17105; and Raub Supply Co., Lan­ Supervisor, Interstate Commerce Com­ mission, Bureau of Operations, 2519 Fed­ caster, Pa. 17604. Send protests to: Peter mission, Bureau of Operations, T-4009 eral Office Building, Little Rock, Ark. R. Guman, District Supervisor, Inter­ Federal Building, 701 Loyola Avenue, 72201. state Commerce Commission, Bureau of New Orleans, La. 70113. No. MC 133645 (Sub-No. 1 TA), filed Operations, 900 U.S. Customhouse, No. MC 127844 (Sub-No. 5 TA), filed June 9, 1969. Applicant: LEON OLSEN, Second and Chestnut Streets, Philadel­ June 9,1969. Applicant: L. B. BARNHILL ALBERT OLSEN AND WILLIAM OL­ phia, Pa. 19106. AND I. S. JOHNSON, JR., doing busi- SEN, doing business as LEON OLSEN No. MC 133787 TA, filed June 9, 1969. vehicle, over irregular routes, transport- TRUCKING COMPANY, a partnership, Applicant: D & O-FAIRCHILD, INC., Route 4, Box 48X-A, Sumter, S.C. 29150. 900 Wisconsin Street, Pine Bluff, Ark. 19 West Washington Avenue, Yakima, Applicant’s representative: Henry P. 71601. Applicant’s representative: D. R. Wash. 98901. Applicant’s representative: Willimon, Post Office Box 1075, Green­ Partney, 35 Glenmere Drive, Little Rock, Douglas A. Wilson (same address as ville, S.C. 29602. Authority sought to Ark. 72204. Authority sought to operate above). Authority sought to operate as operate as a common carrier, by motor as a contract carrier, by motor vehicle a contract carrier, by motor vehicle, over vehicle, over irregular routes, transport­ over irregular routes, transporting: irregular routes, transporting: Bins, pal­ ing: New furniture (crated) from Mul­ Bauxite ore, in bulk, in dump vehicles, lets, box shook, paper and paper prod­ lins, S.C., to points and places in New from Arkansas River barge line port or ucts, packing trays and fillers, and con­ York, New Jersey, and Pennsylvania, ports at or near Little Rock, Ark., to tainers, between points in Washington, for 180 days. Supporting shipper: School- Reynolds Metals Co. plant at or near Oregon, Idaho, and Montana, and be- field Industries, Mullins, S.C. 29574. Send Bauxite, Ark., for 180 days. Support­ twen the point of entry to British Colum­ protests to : Arthur B. Abercrombie, Dis­ ing shipper: Orgulf Transport Co., Post bia, Canada, at Osoyoss, Wash., on the trict Supervisor, Interstate Commerce Office Box 1460, Cincinnati, Ohio 45201. one hand, and Washington, Oregon, Commission, Bureau of Operations, 601A Send protests to: District Supervisor Idaho, and Montana, on the other hand, Federal Building, 901 Sumter Street, William H. Land, Jr., Interstate Com­ over irregular routes under contract with Columbia, S.C. 29201. merce Commission, Bureau of Opéra­ H. R. Spinner Corp. of Yakima, Wash., No. MC 133415 (Sub-No. 3 TA) (Cor­ tions, 2519 Federal Office Building, Little for 180 days. Supporting shipper: H. R. rection), filed May 19, 1969, published Rock, Ark. 72201. Spinner Corp., 115 South First Avenue, F ederal R egister, issue of June 6, 1969, No. MC 133698 (Sub-No. 1 TA), filed Post Office Box 1361, Yakima, Wash. and republished as corrected this issue. June 4, 1969. Applicant: PROTECTIVE 98901. Send protests to: District Super­ Applicant: SID PLANAMENTA, doing MOTOR SERVICE COMPANY, INC., visor W. J. Huetig, Interstate Commerce business as S & R AUTO PARTS DE­ 725-29 South Broad Street, Philadelphia, Commission, Bureau of Operations, 450 LIVERY SERVICE, Peekskill, N.Y. 10566. Pa. 19147. Applicant’s representative: Multnomah Building, 120 Southwest Applicant’s representative: Edward M. Charles E. Cole (same address as above). Fourth Avenue, Portland, Oreg. 97204. Alfano, 2 West 45th Street, New York, Authority sought to operate as a com­ No. MC 133794 TA, filed June 9, 1969. N.Y. Authority sought to operate as a mon carrier, by motor vehicle, over ir­ Applicant: CONVERTERS TRANSPOR­ contract carrier, by motor vehicle, over regular routes, transporting: (1) Ex­ TATION, INC., Box 351, Garnerville, irregular routes, transporting: Such com­ posed and processed film and prints, New York, N.Y. 10923. Applicant’s repre­ modities as are dealt in by a manufac­ complimentary replacement film, inci­ sentative: William D. Traub, 10 East 40th turer and distributor of automobile parts, dental dealer handling supplies, and ad­ Street, New York, N.Y. 10016. Authority uncrated and crated, from shipper’s vertising literature moving therewith sought to operate as a contract carrier, warehouse at Bayonne, N.J.; to points in (including motion picture film used pri­ by motor vehicle, over irregular routes, Nassau, Suffolk, and Westchester Coun­ marily for commercial theater and tele­ transporting: Piece goods and such com­ ties, N.Y.; returned shipments of the vision exhibition), on traffic having an modities as are used in the dyeing or same commodities, from points in Nas­ immediately prior or subsequent move­ finishing of piece goods, between Garner­ sau, Suffolk, and Westchester Counties, ment by air, rail or motor carrier, be­ ville, N.Y., plantsite of Elk Piece Dye N.Y.; to shipper’s warehouse at Bayonne, tween Philadelphia, Pa., on the one hand, Works, Inc., on the one hand, and, on N.J.; restriction under a continuing con­ and, on the other, points in Adams, Bed­ the other, New York, N.Y., and points in tract, or contracts, with the Maremont ford, Berks, Blair, Bucks, Cambria, Car­ Bergen, Essex, Hudson, Union, and Marketing, Inc., of Bayonne, N.J., for bon, Centre, Clearfield, Clinton, Cum­ Passaic Counties, N.J., for 180 days. Sup­ 150 days. Note: The purpose of this re­ berland, Dauphin, Franklin, Huntington, publication is to include “contract” car­ Lancaster, Lebanon, Lehigh, Luzerne, porting shipper: Elk Piece Dye Works, rier in lieu of “common” carrier. Sup­ Lycoming, Mifflin, Monroe, Montgomery, Inc., Garnerville, N.Y. Send protests to: porting shipper: Maremont Marketing, Northampton, Snyder, Union, and York Stephen P. Tomany, District Supervisor,

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 NOTICES 9477 Interstate Commerce Commission, Bu­ Mo., authorizing the transportation of: Wichita, Kans., of the certificate No. reau of Operations, 26 Federal Plaza, General commodities, excluding house­ MC-13748 issued October 11, 1961, to New York, N.Y. 10007. hold goods, commodities in bulk, and W. L. Pickett, doing business as Pickett other specified commodities, between Truck lane, Council Grove, Kans., au­ By the Commission. points in the St. Louis, Mo., East St. thorizing the transportation of: General { seal] H. N eil Garson, Louis, 111., commercial zone as defined commodities, with the usual exceptions, Secretary. by the Commission. James R: Madler, and certain specifically named commod­ [F.R. Doc. 69-7125; Filed, June 16, 1969; 189 West Madison Street, Chicago, HI. ities, between specified points in Kansas 8:46 a.m.] 60602, attorney for applicants. and Missouri. Paul V. Dugan, 1400 Wich­ No. MC—FC-71362. By order of June 6 , ita Plaza, Wichita, Kans. 67202, attorney 1969, the Motor Carrier Board approved for applicants. [Notice 364] the transfer to Jay D. Miller, doing busi­ No. MC-FC-71281. By order of June 9, MOTOR CARRIER TRANSFER ness as A & B Moving and Storage, Post 1969, the Motor Carrier Board approved PROCEEDINGS Office Box 8473, 952 Fairway, Albuquer­ the transfer to Coastal Van Lines, Inc., que, N. Mex. 87108; of a portion of the Brooklyn, N.Y., of the operating rights June 12, 1069. operating rights in certificate in No. MC- in certificate No. MC-86770 issued Febru­ Synopses of orders entered pursuant 129483, issued March 26, 1968, to Jean Z. ary 28,1952, to Central Fireproof Storage to section 212(b) of the Interstate Com­ Vita, doing business as Vita Moving & Warehouse, Inc., 352 Classon Avenue, merce Act, and rules and regulations pre­ Storage, 6029 Fifth Street NE., Seattle, Brooklyn, N.Y. 11238, authorizing the scribed thereunder (49 CFR Part 1132), Wash., 98115; authorizing the transpor­ transportation of household goods, as appear below: tation of: Household goods, from points defined by the Commission, traversing As provided in the Commission’s spe­ in Gaines and Culberson Counties, Tex.; Indiana for operating convenience only, cial rules of practice any interested per­ to points in Eddy, Lea, Chaves, Curry, between Brooklyn, N.Y,, on the one hand, son may file a petition seeking recon­ Roosevelt, and Otero Counties, N. Mex. and, on the other, points in Maine, New sideration of the following numbered [seal] H. N eil Garson, Hampshire, Vermont, Massachusetts, proceedings within 20 days from the date Secretary. Rhode Island, Connecticut, New York, of publication of this notice. Pursuant to New Jersey, Pennsylvania, Delaware, section 17(8) of the Interstate Com­ [F.R. Doc. 69-7126; Filed, June 16, 1969; Maryland, Virginia, North Carolina, merce Act, the filing of such a petition 8:46 a.m.] South Carolina, Georgia, Florida, and will postpone the effective date of the the District of Columbia; and between order in that proceeding pending its dis­ [Notice 363] New York, N.Y., on the one hand, and, position. The matters relied upon by on the other, points in Ohio, Michigan, petitioners must be specified in their MOTOR CARRIER TRANSFER and Illinois. Morris Honig, Esq., 150 petitions with particularity. PROCEEDINGS Broadway, New York, N.Y. 10038, attor­ No. MC-FC-71156. By order of June 9, J une 11, 1969. ney for transferee. 1969, the Motor Carrier Board approved Synopses of orders entered pursuant No. MC-FC-71296. By order of May the transfer to Fred Vangenhen, Jr., to section 212(b) of the Interstate Com­ 29, 1969, the Motor Carrier Board ap­ doing business as Vangenhen and Son, merce Act, and rules and regulations proved the transfer to Edith V. Hodgson, Belleville, 111., of the certificate in No. prescribed thereunder (49 CFR Part doing business as Hodgson Transfer, MC-32530, issued February 25, 1941, to 1132), appear below: Boulder, Colo.; of certificate of regis­ Jules Vangenhen and Fred Vangenhen, a As provided in the Commission’s tration in No. MC-107384 (Sub-No. 3), partnership, doing business as Van­ special rules of practice any interested issued March 26, 1964, to Neal F. Hodg­ genhen and Son, Belleville, 111., au­ person may file a petition seéking recon­ son, doing business as Hodgson Trans­ thorizing the transportation of coal, from fer, Boulder, Colo.; authorizing certain points in St. Clair and Madison Counties, sideration of the following numbered proceedings within 20 days from the date operations in the State of Colorado. Her­ 111., to St. Louis, Mo., and sand and of publication of this notice. Pursuant to bert M. Boyle, 946 Metropolitan Build­ gravel, from St. Louis, Mo., to Belleville, section 17(8) of the Interstate Commerce ing, Denver, Colo. 80202, attorney for 111., and points within 5 miles of Belle­ Act, the filing of such a petition will applicants. ville. Sam S. Pessin, 25 West Main postpone the effective date of the order No. MC-FC-71303. By order of June 5,. Street, Belleville, 111. 62220, attorney for in that proceeding pending its disposi­ 1969, the Motor Carrier Board approved applicants. tion. The matters relied upon by peti­ the transfer to E Z Messenger Service, No. MC-FC-71298. By order of June 9, tioners must be specified in their peti­ Inc., Rego Park, N.Y., of a portion of the 1969, the Motor Carrier Board approved tions with particularity. permit in No. MC-126283, issued May 17, the transfer to Dean O. Konkle, Phila­ No. MC-FC-71106. By order of June 9, 1965, to Bergen-Passaic Air Express, delphia, Pa., of the operating rights in 1969, the Motor Carrier Board approved Inc., Palisades Park, N.J. authorizing the permit No. MC-85070 issued May 13, the transfer to M. Krammer Storage transportation of automobile accessories, 1949, to John E. Masciotro, Philadelphia, Corp., New York, N.Y., of certificate No. material, parts, and supplies, between Pa., authorizing the transportation of MC-13132 issued February 14, 1949, to Mahwah, N.J., on the one hand, and, on pipes, valves, and fittings, from Phila­ Max Krammer, doing business as Ameri­ the other, Hoboken, N.J., Newark Air­ delphia, Pa., to Wilmington, Del., and. can Storage Co., New York, N.Y., au­ port, Newark, N.J., Tetervoro Airport, points in New Jersey within 50 miles of thorizing the transportation of house­ Tetervoro, N.J., La Guardia and Ken­ Philadelphia, Pa.* and refused, rejected, hold goods, as defined by the Commis­ nedy International Airports, New York, or damaged shipments of such commodi­ sion, 17 M.C.C. 467, between New York, N.Y., and Spring Valley Airport, Spring ties on return. Anthony D. Pirillo, Jr., 42 N.Y., on the one hand, and, on the other, Valley, N.Y. Bowes & Millner, 744 Broad South 15th Street, Philadelphia, Pa. points and places in Connecticut, New Street, Newark, N.J. 07102, and George 19102, attorney for applicants. Jersey, New York, and Pennsylvania. A. Olsen, 69 Tonnele Avenue, Jersey City, No. MC-FC-71397. By order of June 9, Irma F. Bloomberg, 277 Broadway, New 1969, the Motor Carrier Board approved York, N.Y. 10007, attorney for applicants. N.J. 07306, Attorneys for applicants. the transfer to Transippi Motor Freight, No. MC-PG-71197. By order of June 9, [seal] H. N eil Garson, Inc., Edwardsville, 111., o f certificate No. 1969, the Motor Carrier Board approved Secretary. MC-80434, issued October 17, 1968, to the transfer to Lowell L. Rhodes, doing [F.R. Doc. 69-7061; Filed, June 13, 1969; Hartlage Truck Service, Inc., St. Louis, business as Rhodes Truck Service, 8:48 a.m.]

FEDERAL REGISTER, VOL. 34, NO. 115— TUESDAY, JUNE 17, 1969 9478 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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 June

Page 3 CFR pag" 10 CFR Page 15 CFR P roclamations : 30______9025 3 6 8 ______8 8 0 2 3914 ______8689 32______9025, 9329 3 6 9 ______8 8 0 5 3915 ______- ___ ------8691 P roposed R ules: 3 7 0 ______8 8 0 6 3916 ______9055 50______. . . 8712 3 7 1 ______8 8 1 1 3917 ______-___ 9117 70______'______9125 3 7 2 __ 8 8 1 8 3 7 3 ______8 8 2 7 E xecutive Orders: 73______9215 150______9125 3 7 4 ____ 8 8 4 0 11278 (revoked by EO 11472). 8693 3 7 5 ______8 8 4 2 11359A (revoked by EO 11472) 8693 3 7 6 ______8 8 5 2 11402 (revoked by EO 11472). 8693 12 CFR 3 7 7 ______8 8 5 7 11472______8693 207______9121, 9191 3 7 8 ______8 8 6 1 220 ______9196 3 7 9 ______8 8 6 2 5 CFR 221 ______9203 3 8 5 ______,______8 8 6 8 213______8697, 9025, 9057, 9259, 9380 226______8698 3 8 6 ______;______8 8 6 9 550_____ 9381 523______9329 3 8 7 _1 ______8 8 7 9 545______8903, 8904, 9330 3 8 8 ______8 8 8 2 563______8905 3 8 9 ______8 8 8 6 7 CFR 584_____ 9208 3 9 0 ______8 8 8 7 1 . ______9260 640______9381 3 9 9 ______8 8 8 9 17 8963 650______. . . 9381 1 0 0 0 ______. . . 9061, 9071 51______9188, 9377 P roposed R ules: 6 8 ______8963 16 CFR 220______9379 204______9092 2______9438 354______9025 523______9216 13______9280, 9281, 9331, 9332 406______9327 531______9216 501______9209 545.______8973, 9091, 9216 503______9210 409______9328 556______8973, 9216 722______9057 561______9216 P roposed R ules: 725______9189 571______9216 4______9457 730___ 9417 500______. . . 9216, 9217 811______1______9119 501 ______8925, 8926, 9218 842______9417 13 CFR 908 ______8964, 9261 101______8699 17 CFR 909 ______8895 103 ______8699 P roposed R ules: 910 ______9059, 9380, 9417 104 ______8699 2 3 1 ______9 0 3 5 915______8964 106______8700 271______9035 9 4 4 ______8895 107 ______8700 950______— 9261 108 ______.... 8700 18 CFR 966______9191 109 ______8700 2 ______9 1 5 7 980___ 9191 110 ______8700 1 4 ______i ______9 3 3 2 1002______9120 113______8700 1421______8897, 9059, 9418 120______8700 P roposed R ules: 121______8700 2 ______9 3 4 8 P roposed R ules: 122______8700 1 5 7 ______9 3 4 8 61______1______9345 123 ______8700 301______8923 124 ______8700 19 CFR 362______9454 125 ______8700 16 __ 9121 Ch. IX______8705 126 ______8700 905______9454 127 ______8700 21 CFR 911___ 9124 128 ______8700 3______8704 915 ______9124 Proposed R ules: 17 ______9381 916 ______9455 107______8927 19______8908 917 ______9078 121______9092 120 ______8909, 8967, 9437 919______—— 8969 121 ______8910, 8911, 9381, 9437, 9438 929___ 9035 14 CFR 141a______9333 966_____ ;______9393 1 41c______9336 1001 ______8709, 9035 39____ 8700, 9027, 9029, 9157, 9259, 9330 141e______9438 1002 ______8709, 9035 71______8701, 146a______9333, 9336 1003 ______— 8709, 9035 8702, 8907, 8966, 9030-9032, 9119, 146c______9336 1004 ______8709, 9035 9260,9419 148k______9382 1015 ______8709, 9035 73______9260 1016 ______8709, 9035 97______9158, 9420 P roposed R ules: 1______!______9078 1075______8972 P roposed R ules: 1138______9394 19______8925, 9079 25______9456 121______8973 39______9124 148n______9394 61______1______9080 212______1______9061 65______9347 71______8710, 22 CFR 238______9061 201______9418 316a__ 9061 8711, 8925, 9035, 9036, 9287, 9348, 9457 75______9288 24 CFR 9 CFR 91______9456 200_____ 9382 97______8697 121______9456 1907___ 9121 FEDERAL REGISTER 9479

25 CFR page 36 CFR—Continued Page 43 CFR—Continued Page 1 5 1 ______9 3 8 3 P roposed R ules: P roposed R ules: Proposed R ules: 7______— 9345 2240______9077 2 2 1 ______* ______9 2 8 7 37 CFR 45 CFR 26 CFR 5______9211 131______8916, 9390 1 9 4 ______*______8 9 1 1 P roposed R ules : 1070______8919 Proposed R ules: 1 _____ 9213 6 2 4 0 ______9 4 4 0 ______9124 46 CFR 2 9010 29 CFR 38 CFR 42 ______9011 2 ______:______8703 4 3 ______9018 2 ______9 0 3 3 , 9 1 2 2 3 ______8703 5 1 1 ______9 3 8 6 45______9019 17______9339 46______9019 6 1 0 ______9 3 3 8 19______8703 6 1 5 ______9 3 3 8 527______9075 8 5 0 ____ 91,57 528— ______9076 39 CFR 537______- _ 9076 P roposed R ules: 113______-____ 9388 P roposed R ules: 6 0 ______- 8 9 7 2 134______9072, 9123 5 1 9 ______9 3 4 5 143______9388 401______8923 5 2 6 ______9 2 1 3 161 ___ 9341 6 0 1 _____ 9 3 4 6 162 ____ 9341 47 CFR 6 5 7 ______9 3 4 6 163 ______*______9342 0 6 7 1 ______9 3 4 6 9282 166____ 9342 1 9283 6 7 3 ______9 3 4 6 168______9342 73______8919, 9284 6 8 3 ______9 3 4 6 172 ______9388 8 1 ______8968,9284 6 9 9 ______9 3 4 6 173 ______9389 87 8703, 9284, 9390 7 2 0 ______9 3 4 6 242______9342 91______8968 245______-____ — 9342 93______I______8968 31 CFR roposed ules 5 4 ______9 2 1 1 41 CFR P R : 5 0 0 ______9 2 1 1 3-1______:___ 9033 0 9288 5A-2______9342 1 ______9288 5A-72______9418 21______- 9126 32 CFR 9-7______9282 63______9089 1 ______9 2 6 2 9-16______9282 73 ______9090, 9395 2 ______9 2 6 2 74 ______9090, 9289 3 ______9 2 6 3 42 CFR 7 ______9 2 6 3 73______8914, 9072 49 CFR 9 ______9 2 7 8 78______8952 1 3 ______— 9 2 7 9 371______9342 1 6 ______i ______9 2 7 9 P roposed R ules: 393______9343 2 2 ______- 9 2 8 0 78______8953 1033______8920, 8921, 9033 7 1 9 ______— 9 1 2 3 43 CFR P roposed R ules: 7 5 6 ______9 1 2 3 71______9213 1720______8915 371______8711 33 CFR P ublic Land Orders: 391 ______9080 1 1 7 ______8 9 6 7 4567 (revoked In part by PLO 392 ______9087 2 0 7 ______- ______9 2 5 9 4664)______8915 393 _ 9088 Proposed R ules: 4582 (modified by PLO 4668)_ 9389 1002______8927 4664 ______8915 1 1 7 ______9 3 9 5 4665 ______9075 4666 ______9075 50 CFR 36 CFR 4667 ______9075 33______9419 7______9072,9338, 9339, 9387 4668 ______9389 240_____ 9419

government organization ® manual GOVERNMENT

Presents essential information about Government agencies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, researchers, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Government. $