FEDERAL REGISTER VOLUME 30 • NUMBER 41
Wednesday, March 3, 1965 • Washington, D.C. Pages 2697-2753 Volume 77
UNITED STATES STATUTES AT LARGE [88th Cong., 1st Sess^E
Contains laws and concurrent resolutions enacted by the Congress during 1963, re organization plan, and Presidential proc lamations. Included is a numerical list ing of bills enacted into public and private law, and a guide to the legislative history of bills enacted into public law. Price: $7.50
Published by Office of the Federal Register, National Archives and Records Service, General Services Administration
Order from Superintendent of Documents, Government Printing Office, Washington, D.C. 20402
Published daily, Tuesday through Saturday (no publication on Sundays, M°n FEDERALWREGISTER on the day after an official Federal holiday), by the Office of the Federal R e g is te r , Area Code 202 Phone 963-3261 ■^rc^ ves an<* Records Service, General Services Administration (mail address ^ ” **Hri0»v' Archives Building, Washington, D.C. 20408) , pursuant to the authority contained Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Supermie of Documents, Government Printing Office, Washington, D.C. 20402. hie i . Tlle F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or w °rdeL.made payable to tlie Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. ... . pu The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 tit; > suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by th e SUpermtena ^>r^ces books and pocket supplements are listed in the first F ederal R egister issue of each month. rniAHofi > There are no restrictions on the republication of material appearing in the F ederal Register or th e Code o f F e d e r a l R e Contents
AGRICULTURAL RESEARCH Notices HOUSING AND HOME Standard broadcast applications FINANCE AGENCY SERVICE ready and available for process Rules and Regulations ing______1______2727 Notices Splenetic fever in cattle; quaran Hearings, etc.: New York; Acting Regional Di tine areas------2702 American Telephone and Tele rector of Administration; desig graph Co______;;------2731 nation______2740 AGRICULTURAL STABILIZATION Cascade Broadcasting Co. and Sunset Broadcasting Co. INTERIOR DEPARTMENT AND CONSERVATION (KNDX-FM)______2732 See Fish and Wildlife Service; Na SERVICE Charlottesville Broadcasting tional Park Service. Corp. (WINA) and WBXM Rules and Regulations Broadcasting Co., Inc. (2 INTERSTATE COMMERCE Sugar quotas, mainland cane area, documents)------2728,2733 COMMISSION 1965; allotment______- 2701 Chicagoland TV Co. et al—— 2730 Dobbyn, Richard Lee______2733 Rules and Regulations AGRICULTURE DEPARTMENT KFQX, Inc. (KF02D et al_____ 2730 Car service; Norfolk and Western See Agricultural Research Serv Naugatuck Valley Service, Inc. Railway Co. authorized to op ice; Agricultural Stabilization (WQWW)______,______; 2731 erate over trackage of Chesa and Conservation Service; Con- j Radio Station WKEÜ and Tele- j peake and Ohio Railway Co----- 2712 sumer and Marketing Service; rad, Inc. <2 documents)____ j 2733 Commercial zones; Washington, Federal Crop Insurance Cor Tri-Cities Broadcasting Co. and ‘ D.C_:______2712 poration. Dawson County Broadcasting Proposed Rule Making Corp______— • 2734 Preservation of records; freight CIVIL AERONAUTICS BOARD FEDERAL CROP INSURANCE forwarders______2719 Notices Proposed Rule Making CORPORATION Preservation of records; air Motor carrier: freight forwarders and interna Rules and Regulations Alternate route deviation no tional air freight forwarders__ 2713 North Carolina appiè crop insur tices ______2742 ance, 1965 and succeeding crop Applications and certain other CIVIL SERVICE COMMISSION: years; correction.______2701 proceedings (3 documents)_ 2744, 2745, 2752 Rules and Regulations FEDERAL POWER COMMISSION Broker, water carrier and freight Excepted service; Emergency forwarder applications_____2746 Planning Office______2701 Notices Intrastate applications______2752 Hearings, etc.: COMMERCE DEPARTMENT Amerada Petroleum Corp___ 2737 LABOR DEPARTMENT Bonray Oil Co. et al—.______2737 See Wage and Hour Division. See Maritime Administration. London Gas Co. et al_;______: 2738 Milwaukee Gas Light Co-----2738 MARITIME ADMINISTRATION CONSUMER AND MARKETING Natural Gas Pipeline Company Notices SERVICE of America------2739 Peacock, Frank E______2739 List of free world and Polish flag Proposed Rule Making Sohio Petroleum Co. et al_____ 2734 vessels arriving in Cuba since Milk in Great Basin marketing Transcontinental Gas Pipe Line Jan. 1,1963-______2725 area; hearing______2723 Corp______2739 NATIONAL PARK SERVICE Westfield Gas Corp__------2739 EDUCATION OFFICE Notices FISH AND WILDLIFE SERVICE Arkansas Post National Memorial; Notices Management Assistant; author Public community colleges and Notices ity delegation______— 2725 public technical institutes; al Island Managers, Pribilof Islands; lotments to States; ratios_____ 2727 redelegation of authority to issue SECURITIES AND EXCHANGE landing permits_T______2725 COMMISSION FEDERAL a v ia t io n a g e n FOOD AND DRUG Notices Rules and Regulations Hearings, etc.: Control zone; alteration______ADMINISTRATION Continental Vending Machine Corp______2740 Proposed Rule Making Rules and Regulations Drugs, antibiotic; fees._— — 2704 Middle South Services, Inc., and AÎI°Jt,hiness directive; Lockheed Middle South Utilities, Inc— 2740 Models 18, PV-l, and PV-2 Food additives; dienestrol diace oenes aircraft— ..___ _ tate; correction____ .______2704 SMALL BUSINESS Pesticide chemicals in or on raw agricultural commodities; tol ADMINISTRATION FEDERAL COMMUNICATIOI erances and exemptions; fees-* 2704 Notices COMMISSION Delegation of authority to conduct Jules and Regulations HEALTH, EDUCATION, AND program activities: WELFARE DEPARTMENT Area Administrators__ ,------2742 diodiftSé+°«era^ stations in on U.S— °* amateur __ ra Puerto Rico—------2742 &ee Education Office; Food and Rocky Mountain area— — — 2741 uses^ radi° service f prohibited Drug Administration; Social Se curity Administration. (Continued on next page) 2699 2700 CONTENTS
SOCIAL SECURITY ADMINISTRATION Rules and Regulations Federal old-age, survivors, and disability insurance; employees of State and local governments; time limit on assessments, v credits, or refunds______2703 VETERANS ADMINISTRATION Rules and Regulations Medical; outpatient treatment and examination______2705 Vocational rehabilitation and edu cation; change of employment objective, and additional con siderations incident to supervi- sion______2705 WAGE AND HOUR DIVISION Notices Certificates authorizing employ ment of full-time students working outside school hours in retail or service establishments at special minimum rates____ 2752
List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1965. and specifies how they are affected.
5 CFR 21 CFR 213______—I______—------2701 120-____ 2704 121------2704 7 CFR 146------2704 408______...... 2701 814______2701 38 CFR P roposed R u l e s : 17______2705 1136______2723 21------____. 2705 9 CFR 47 CFR 72______0__...... 2705 1___------— ------2705 14 CFR 95______2706 71______------2702 97______2705 P roposed R u l e s : 39— ______2718 49 CFR 249______—____ 2713 95—.— .___— ____ 2712 170—— ------______...... 2712 20 CFR P roposed R u l e s : 404...... _ ...... ------2703 450______2719 Rules and Regulations
tion 814.3 (30 FJt. 207 and 1030) which [Short tons, raw value] Title 5— ADMINISTRATIVE established preliminary allotments for the Mainland Cane Sugar Area for the 1964 crop 1964 sugar PERSONNEL calendar year 1965. allot available This amendment is necessary to revise ments for mar Chapter I— Civil Service Commission Processors (S.R. keting allotments to reflect more up-to-date 814.3) in 1965 PART 213— EXCEPTED SERVICE estimates of 1964 crbp sugar available (29 F.R. prior to for marketing in 1965 on the basis of 14163) Mar. 15, Office of Emergency Planning data which have becómé a part of the 1965 official records of the Department. Section 213.3326 is amended to show Southdown, Inc___ ■;______48,435 16,938 Effective date. Allotments established Sterling Sugars, Inc______29,211 912 the exception under Schedule C of the J. Supple’s Sons Pltg. Co., Inc__ 6,146 1,404 position of Secretary to the Deputy Di in this order for several processors are Valentine Sugars, Inc______14,967 4,371 rector. Effective upon publication in the larger than the allotments established in Vida Sugars, Inc______6,209 309 A. Wilbert’s Sons Lbr. & Sh. Co. 10,909 0 Federal R egister, subparagraph (2) is S.R. 814.3 (30 F.R. 1030). To afford ade Young’s Industries, Inc______7,701 3,264 added to paragraph (b) of § 213.3326 as quate opportunity to plan and to market set out below. the additional quantities of sugar in an Louisiana, subtotal. 581,217 164,644 orderly manner, it is imperative that this Atlantic Sugar Assn______26,000 § 213.3326 Office of Emergency Plan amendment become effective as soon as Florida Sugar Corp____ :.______9,635 12,700 ning. Clades Co. Su. Gr. Coop. Ass’n. 20,120 35,301 possible» Accordingly, it is hereby found Okeelanta Sugar Rfy., Inc___ 52,304 77,134 * * * * * that compliance with the 30-day effec Osceola Farms Co______20,823 41,863 South Florida Sugar Co., Inc___ 3,435 12,000 (b) Office of the Deputy Director. tive date requirement of the Administra Sugarcane Gr. Coop, of Florida. . 58,043 80,000 * * * tive Procedure Act (60 . S.t$,t; 237) is Talisman Sugar Corp______3,121 26,000 (2) One Secretary to the Deputy impracticable and contrary to the public U.S. Sugar Corp...... — 162,712 210,772' Director. interest and consequently, this amend Florida, subtotal...... 330,193 521,770 ment shall be effective on February 28, ***** Total, all mainland cane.. 911,410 6,414 (R.S. 1753, sec. 2, 22 Stat. 403, as am ended; 1965.. ~ 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, In accordance with paragraph (12) of t 3 CFR, 1954-1958 Comp., p. 218) the findings and conclusions set forth Pursuant to the provisions of section 205(a) of the Act and in accordance with U n ited S tates C iv il S erv in Federal Register Document 65-220 (30 F.R. 207), and pursuant to paragraph paragraph (e) of § 814.3 of this chapter, ice Co m m is s io n , paragraph (a) of such § 814.3 is amended [seal] M ary V . W en zel, (e) of § 814.3, paragraph (8) of such Executive Assistant to findings and conclusions is amended to to read as follows: “ the Commissioners-. ? . read as follows; ~ - f t t ~ m i? - § 814.3 Allotment of the 1963- sugar (FR. Doc. 65-2197; Filed, Mar. 2, 1965,- (8) The allotments of the 1964 quota quota for the mainland cane sugar 8:48 am.]«. - and the estimated quantities of 1964 crop area. i t sugar available for marketing in. 1965 Her Allotments. For the period Jan prior to March 15, 1965, are set forth in uary 1, 1965, until the date allotments Title 7— AGRICULTURE the following table: of the entire 1965. calendar year sugar I Short tons, raw value] quota for thé Mainland Cane Sugar Area Chapter IV— Federal Crop Insurance are prescribed on the basis of a subse Corporation, Department of Agri 1964 crop quent hearing, -the 1965 quota for the culture 1964 sugar Mainland Carie Sügar Area is hereby allot available ments for mar allotted to the extent shown in this sec PART 408— NORTH CAROLINA APPLE Processore (S.R. keting tion, to the following processors in the 814.3) in 1965 CROP INSURANCE (29 F.R. prior to quantities which appear opposite their 14163) Mar. 15, .respective names: Subpart— Regulations for the 1965 1965 Allotments, and Succeeding Crop Years short tons, Albania Sugar Co___ 11,813 0 Processors raw value Correction Alma Plantation, Ltd— ... 10,421 0 Albania Sugar Co______5, 906 J. Aron & Co., Inc.___L... 16,322 536 Alma Plantation, Ltd;______.___ 5,210 PaS .65-1800, appearing Billeaud Sugar Factory—.. 9,580 2,826 J. Aron & Co., Inc—______—!------8,161 in,„e of the issue for Saturday, F< Breaux Bridge Sugar Coop. 8,532 2,115 Wm. T. Burton Industries, Inc: 8,098 5,686 B illeaud Sugar Factory______4, 790 ruary 20, 1965, the last word of item Cafre & Graugnard______6,164 1,102 Breaux Bridge Sugar Coop— ____ 4,266 S oISh apPlication and policy in § 40 Cajun Sugar Coop., Ino._____ 18,444 Wm. T. B urton In d ., In c______4, 049 should read “hereof” instead of “therec Caldwell Sugars Coop:,'Inc__i 16,241 0 Caire & Graugnard— ______3,082 Catherine Sugar Co., Inc_____, 4,338 1,904 Columbia Sugar C o .,;.____ ? 8,441 633 Cajun Sugar Coop.,-Inc______;----- 11,527 Cora-Texas Manufacturing Co., Caldwell Sugars Coop-, Inc------8,120 Chapter VIII— Agricultural Stabiliz Inc___ r__...... ___, _____ 7,167 3,707 Catherine Sugar Co—______- 2,169 Dugas & LeBlanCj Ltd...... 15,428 0 Columbia Sugar Co—______4,220 wn and Conservation Serv Dube & Bourgeois Sugar Co__: 12,491 0 Erath Sugar Co., Ltd___ 8,559 1,561 Cora-Texas Mfg. Co., In c ------3, 584 ugar), Department of Agricultui Evan Hall Sugar Coop., Inc__ 25,334 0 Dugas & LeBlanc, Ltd______i 7, 714 Frisco Cane Co., Ine______2,811 749 Duhe & Bourgeois Sugar Co______6,246 SUBCHAPTER B— SUGAR REQUIREMENTS Glenwood Coop., Inc______17,552 0 Erath Sugar Co., L td------4,280 AND QUOTAS Helvetia Sugar Coop., Inc____ 12,798 81 Iberia Sugar Coopt ine____— 20,471 5,589 Evan Hall Sugar Coop., Inc------12, 667 [Sugar Reg. 814.3, Amdt. 2] LaFourche Sugar Co______20,498 0 Frisco Cane Co., Inc______1,406 Harry L. Laws & Co., Inc____ 10,557 4,651 Glenwood Coop., Inc------—.------8, 776 Levert-St. John, Inc______—1 16,049 1,692 PAOnrir1*4T"ALLO™ ENT 0F SUG 12,003 1,762 Helvetia Sugar Coop., Inc„_ ------6, 399 Louisa Coop___:..______Iberia Sugar Coop., Inc_.____ l______10, 236 adc° aTAS'*MAINLAND c a n e SUG Louisiana State Pen______2,657 82 AREA, 1965 Louisiana State University___ 150 Q LaFourche Sugar Co______10,249 Meeker Sugar Coop., Inc_____ 8,153 7,804 Harry L. Laws & Co., Inc______5, 278 Milliken & Farwell, Inc______14,162 65 Levert-St. John, Inc______7, 524 M. A. Patout & Son, Ltd_____ 15,907 771 is is s td nl r p0Se- ™ s amendm. Poplar Grove Pltg. & Ref. Co.. 9,969 2,323 Louisa Coop______6,002 Sugar lc t ^ Osection 205(a) of 1 Reserve Sugar Co______. . . 4,181 Louisiana State Pen ______;___ 1,328 922) hereiiait948, ^ amended <61 SI Savoie Industries______16,106 0 Louisiana State Univ______75 St. James Sugar Coop., Inc. 16,603 8,344 Meeker Sugar Coop., Inc______4, 878 the p u rS ? n ? er caJ.ed the “Act” St. Mary Sugar Coop., Inc. 15,772 0 P Pose of amending Sugar Regu South Coast Corp....____ 77,492 60,838 M illiken & Farwell, In c ______7, 081 2701 2102 RULES AND REGULATIONS Allotments, Beginning at a point where U.S. Highway cordingly, under section 4 of the Admin short tons, 83 intersects the Starr-Hidalgo County line istrative Procedure Act (5 U.S.C. 1003), Processors raw value and following the north side of U.S. Highway it is found upon good cause that notice M. A. P atou t & Son, L td______— 7,954 83 right-of-way in an easterly direction to Poplar Grove Pltg. & Ref. Co______4, 984 the east fence of the Sam Fordyce Ranch, and other public procedure with respect Reserve Sugar Co., In c______2, 613 approximately 4 miles; thence, crossing U.S. to the amendment are impracticable and Savoie Industries______8,053 Highway 83, following the east fence of the contrary to the public interest, and the St. James Sugar Coop., Inc______8,302 Sam Fordyce Ranch is a southerly direction amendment may be made effective less St. Mary Sugar Coop., Inc------7,886 to the Old Military Road, approximately % than 30 days after publication in the South Coast Corp______'____ 38, 746 mile; thence, crossing the Old Military Road F ederal R eg ister. Southdown, Inc ______24, 218 and following the west double fence of the Sterling Sugars, Inc______14, 606 Croir Gravel Pit pasture in a southerly direc Done at Washington, D.C., this 26th J. Supple’s Sons Pltg. Co., Inc______3, 073 tion to the southwest corner of this pasture, day of February 1965. Valentine Sugars, Inc______7, 484 approximately %o mile; thence, following the Vida Sugars, Inc______:------3,104 south double fence of the Crow Gravel Pit G eorge W. I rving, Jr., A. Wilbert’s Sons Lbr. & Sh. Co_____ 5, 454 Pasture in an easterly direction to the south Acting Administrator, Young’s Industries, Inc______3, 850 east corner of the same, approximately %o Agricultural Research Service. mile; thence, following the east double fence Louisiana, Subtotal______¿ 305, 550 of the Crow Gravel Pit Pasture in a northerly [F.R. Doc. 65-2213; Filed, Mar. 2, 1965; direction to where it intersects the Old Mili 8:48 a.m.] Atlantic Sugar Association______16,250 tary Road, approximately 4Ao mile; thence, Florida Sugar Corp______7,938 following the Old Military Road in an east Glades Co. Su. Gr. Coop. Ass’n ___ 22, 063 erly direction to where it intersects the O keelanta Sugar Rfy., In c____r______48,209 ISWC levee, approximately 4^0 miles; thence, Title 14— AERONAUTICS AND Osceola Farms Co______26,164 following the ISWC levee in a southeasterly South Florida Sugar Co., Inc______7, 500 direction to where it intersects the Old Mili Sugarcane Gr. Coop, of Fla______50,000 tary Road, approximately 8 y2 miles; thence, SPACE Talisman Sugar Corp______16, 250 following the Old Military Road in an east U.S. Sugar Corp______131, 733 erly direction to where it joins F. M. Road Chapter I— Federal Aviation Agency No. 1016, at Nadaro, approximately 1 % m iles; [Airspace Docket No. 63-AL-16] Florida, Subtotal______.__ 326,107 thence, following F. M. Road No. 1016 in a southeasterly direction to where it joins the p a r t 71— designation o f federal Total, all mainland cane_____ 631,657 Old Military Road, approximately 1 mile; AIRWAYS, CONTROLLED AIRSPACE, * * * * * thence, following the Old Military Road in a southeasterly direction to the North AND REPORTING POINTS (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, Inter Granjeno Road, approximately 1% m iles; prets or applies secs. 205, 209; 61 Stat. 926, as thence, following the North Granjeno Road Alteration of Control Zone amended, 928; 7U.S.C. 1115,1119) in an easterly direction to where it intersects Issued at Washington, D.C., this 26th Shary Road, approximately % mile; thence, On December 12, 1964, a notice of pro day of February 1965. south on Shary Road to where it intersects posed rule making was published in the the Old Military Road, approximately 50 F ederal R eg ister (29 F .R . 17044) stating H . D. G odfrey, yards; thence, following the Old MiUtary that the Federal Aviation Agency pro Administrator, Agricultural Sta Road in an easterly direction to where it posed to alter the control zone at Big bilization and Conservation joins the M. P. Railroad, approximately 1% miles; thence, following the M. P. Railroad Delta, Alaska. Service. in a southerly direction to where it crosses Interested persons were afforded an [F.R. Doc. 65-2198; Filed, Feb. 26,- 1965; F. M. Road No. 1926 and continuing along opportunity to participate in the rule 4:23 p.m .] the M. P. Railroad in an easterly direction making through submission of com to the end of the same at F. M. Road No. ments. All comments received were 336, approximately 2% miles; thence, follow favorable. However, the U.S. Army, ing F. M. Road No. 336 in a southerly direc Alaska, noted that the airport was not tion to where it intersects U.S. Highway 281, correctly identified with respect to loca Title 9— ANIMALS AND approximately mile; thence, following U.S. Highway 281 in an easterly direction to tion and place name. The Federal ANIMAL PRODUCTS where it intersects the Hidalgo-Cameron Aviation Agency agrees that the airport County line, approximately 2414 m iles. should appropriately be referred to as Chapter I— Agricultural Research * * * * * Big Delta Army Airfield, Fort Greely, Service, Department of Agriculture Alaska. The rule herein reflects that (Sec. 2, 32 Stat. 792, Ch. 30, 45 Stat. change. 59; 21 SUBCHAPTER C— INTERSTATE TRANSPORTATION U.S.C. 111. Interprets or applies secs. 4', 5, In consideration of the foregoing, Part OF ANIMALS AND POULTRY 7, 23 Stat. 32, as amended, sec. 1, 32 Stat. 791, as amended, secs. 1, 3, 33 Stat. 1264, as 71 of the Federal Aviation Regulations p a r t 72— TEXAS (SPLENETIC) FEVER amended, 1265, as amended; 21 U.S.C. 120, is amended, effective 0001 e.s.t., April 117,112,113, 123,125) 29, 1965, as hereinafter set forth. IN CATTLE In §71.171 (29 F.R. 17586), the Big Effective date. The foregoing amend Changes in Areas Quarantined Delta, Alaska, Control Zone is a m e n d e d ment shall become effective upon publi to read: Pursuant to the provisions of sections cation in the F ederal R eg ister. Big Delta, Alaska 1 and 3 of the Act of March 3, 1905, as amended, sections 1 and 2 of the Act of The amendment excludes certain por Within a 5-mile radius of the Big Delta February 2, 1903, as amended, and sec tions of Hidalgo County in Texas from AAF, Fort Greely, Alaska (latitude 64°00 the area quarantined because of splenet longitude 145°43' W.), and within 2 mues tion 7 of the Act of May 29, 1884, as ic or tick fever. Hereafter, the restric each side o f th e Big D elta RR NE and N _ amended (21U.S.C. 111-113,117,120,123, tions pertaining to the interstate move courses, extending from the 5-mile ram 125), paragraph (g) of § 72.5, Part 72, ment of certain animals and materials zone to 8 miles NE and 9 y2 m iles NW of t Title 9, Code of Federal Regulations, RR; within 2 miles each side of the W which paragraph relates to the quaran from such quarantined area, contained D elta VOR 040° and 315° radials, extending tine of a portion of Texas because of in 9 CFR Part 72, will not apply thereto. from the 5-mile radius zone to 8 miles However, the other restrictions on the and 10 m iles NW o f th e VOR. splenetic or tick fever in cattle, a con interstate movement of certain animals tagious, infectious, and communicable and materials because of that disease, (Sec. 307(a), Federal Aviation Act of I958' disease, is hereby amended to read, as contained in said Part 72, will apply 49 U.S.C. 1348) follows: thereto. Issued in Anchorage, Alaska, on Febru § 72.5 Areas quarantined in Texas. The amendment relieves certain re ary 18, 1965. * * * * * strictions presently imposed, and must J ames G. R ogers, (g) That portion of Hidalgo County be made effective immediately to be of Director, Alaskan Region. lying south and west of f;he following maximum benefit to persons subject to [F.R. Doc. 65-2157; Filed, Mar. 2, l96Sr described line: the restrictions which are relieved. Ac 8:45 a.m .] Wednesday, March 3, 1965 2 FEtìEffAt RE GISTE R? 3 J U 8 2 f 8 coverage group and in the calendar made notwithstanding the periods of Title 20— EMPLOYEES’ BENEFITS quarters covered by the agreement. limitation in § 404.1280 provided that Such an extension of the time shall not assessment of contributions due is made Chapter III—-Social Security Adminis become effective until the agreement is at the time of or prior to notification to tration, Department o f Health, Ed signed by the Secretary. (See § 404.3(c) the State of allowance of the credit or ucation, and Welfare for applicable rule where periods of lim refund. The Secretary may reduce the [Reg. 4, Amdt-] itation expire on nonwork days.) An amount of the credit or refund to the assessment made by the Secretary be State by the amount due and notify the PART 404— FEDERAL OLD-AGE, SUR fore the expiration of such extended pe State accordingly. An assessment of VIVORS, AND DISABILITY INSUR riod of time will be deemed to be made amounts due for purposes of this sub- ANCE (1950-— —) within the time period limitation speci paragraph shall include contributions fied in section 218(q>(2) of the Act. but shall not include interest as pro Subpart M— Coverage of Employees (See § 494.1280(b).) vided in section 218(j) of the Act. (See of State and Local Governments (b) The 365-day period. If a report § 404.1226 relating to interest.) Time Limitation on Assessments, is filed by the State within the 365-day Example: The State flies Form OAR-S4 Credits or Refunds period immediately preceding the ex timely to correct an error in the amount piration of the applicable time period as reported as wages to the employee. The Time Lim itations and A ss e s sm e n t s set out in § 404.1280 (or as extended correction reduces the employee’s wage Regulations No. 4, as amended, of the pursuant to paragraph (a) of this sec credits for the year to an amount less than Social Security Administration (20 CFR tion) , with respect to which no payment the maximum creditable. The employee is made or with respect to which the had other earnings in the same year not 404.1 et seq.) are further amended as reported because of the previous reported follows: State pays less than the correct amount maximum amounts. The applicable time 1. Subpart M of Part 404 is amendeddue, the Secretary will be deemed to have period for assessing contributions on wages by adding §§404.1280-404.1287 and assessed the amount due within such for the year has expired before the credit §404.1290 immediately follow ing period of limitation specified in § 404.- was allowed. The Secretary may assess § 404.1277 to read as follows: 1280 provided he makes the assessment for contributions due provided the assess no later than the 365th day after the day ment is made no later than the allowance §404.1289 Time limitations on assess the State makes payment to the Secre of the credit. ments, tary of the Treasury. Such assessment (e) Evasion of payment of amounts (a) In general, A State shall be liable may - be made only with respect to due. An assessment of an amount due for an amount due under an agreement amounts due on wages paid to individ under an agreement may be made at any pursuant to section 218 of the Act (in uals as members of such coverage groups time and without regard to the periods cluding contributions and interest accru and for such calendar quarters as were of limitation described in § 404.1280 ing thereon), until the Secretary is included in such report. In making where the failure on the part of the State satisfied that such amount has been such assessment, the Secretary shall to pay such amount was the result of a paid to the Secretary of the Treasury; credit the amount paid by the State with fraudulent attempt by an officer or em except that the State shall not be so respect to such individuals in such cov ployee of the State or a political subdivi liable unless an assessment of the amount erage groups for such calendar quarters, sion thereof to defeat or evade payment due is made by the Secretary before the After the State pays the amount of the of such amount. expiration of the applicable periods of assessment, no further assessment of limitation. An assessment is defined in contributions shall be made with respect § 404.1282 Payment after expiration of 5 404.1270(b), and is made when the to such individuals in such coverage periods of limitation for assessment. Secretary mails or otherwise delivers it groups for such calendar quarters after The Secretary shall Taccept wage re to the State. A notification to a State the period specified in § 404.1280 or as ports filed by a State to include wages mat there is an amount due by such extended pursuant to paragraph (a) of paid to individuals performing services state issued prior to 1962 shall not con this section. as employees in a coverage group not stitute an assessment for purposes of this (c) Revision of employee’s earnings withstanding; the expiration of the ap section unless the Secretary makes an record. If the Secretary pursuant to plicable time period described in assessment of the amount due on or after section 205(c) (5) (A) or (B) of the Act §404.1280 (or such period as-extended January l , 1962. credits wages paid to an individual as in accordance with § 404.1281): Pro (b) Periods of limitation. Subject to a member of a coverage group to an in vided: ^ exceptions set forth in §§404.1281- dividual’s record of earnings, an assess (a) The State pays the Secretary of Uqki ?3’ inclusive, a State shall not be ment of the amount due with respect to the Treasury the amount due with re ,an amount due under an agree- such wages will be deemed to have been spect to such wages; and kpsmv. ui^®ss the Secretary makes an as- made within the applicable period speci (b) The State agrees in writing with *or the amount due before the fied in § 404.1280 provided that the as the Secretary to extend such time pe Periods-011 °f the latest °f the followin2 sessment does not exceed the amount riod for all employees in the coverage due with respect to such wages and that group in the calendar quarters for which ¡ J i l l years>.3 months, and 15 days the assessment is made no later than the wage reports are being made. whirh year in whi°h the wages, upon the latest date on which such wages aerppm amount became due under the could be credited to the individual’s In this event, such time period for as agreement, were paid; or earnings record. (See § 404.806 (a) and sessment is extended until the Secretary such omJ,eafs. &tter the date on which (b) which describe the time limitation notifies the State that such wage re for time due (see § 404.1255 for the crediting or deleting of wages to ports are accepted. Where pursuant to or tane for hhng contribution returns); an earnings record where an application an agreement with the Secretary in ac has been made for benefits or a request cordance with this section, amounts are has been made by an individual for cor paid by the State, such amounts shall “ * 15 days rection of his earnings record.) not include interest as otherwise pro (d) Underpayment resulting from vided for in section 218(j) of the Act. § 404linSatiJ^.XCePti°nS *° the periods of credit. If a credit or refund of an over (See § 404.1226 relating to the payment payment is allowed a State with respect of interest.) t i m ^ p agreement. The to wages paid or alleged to have been assessmen^/6501111^ in § 404.1280 for paid to an individual in a calendar year § 404.1283 Assessment of interest. fore the exnw ^ am°unt due may, be- for services as a member of a coverage Where a State pays the amounts as of any n S S ^ i0n.°f such Periods (or group and the facts on which such allow sessed at such times or under such con e x ten d e d h ^ ^ fxtension thereof), be the State ^Y ^tten agreement between ance is based establish that contribu ditions that interest becomes due, an eenditio^terpin Secretary subject to tions are due with respect to wages paid assessment for the amount of such in the extension such ®s whether to such individual for such calendar year terest may be made notwithstanding the todividuSk SpS^11 ,be aPPucable to all for services performed as a member of a periods of limitation described in auais performing services in the coverage group, an assessment may be § 404.1280. 2704 RULES AND REGULATIONS
§ 404.1284 Collection after assessment. State prior to the expiration of such ex 52 Stat. 1055, as amended; 21 U.S.C. 346a, Where an assessment of an amount tended period will be deemed to be made 371) and delegated to the Commissioner due has been made within the time pe within the periods of limitation described of Food and Drugs by the Secretary (21 riod applicable thereto, there shall be no in § 404.1285. CFR 2.90) the general regulations for time limitation on the collection of the (b) Revision of employed's earningstolerances and exemptions from toler amount due. record. If the Secretary, pursuant to ances for pesticide chemicals in or on the provisions of section 205(c) (5) (A) , raw agricultural commodities are amend § 404.1285 Time limitations on credits (B), or (E) of the Act, deletes from his ed to provide for an increase in fees by or refunds. recorde an entry with respect to an in changing § 120.33 Fees as follows: (a) In general. No credit or refund dividual as a member of a coverage 1. In paragraph (a) , the figures of an overpayment of amounts paid group, a claim for credit or refund of the “$2,750” and “$275” are changed to read under an agreement pursuant to section overpayment resulting from such dele “$3,000” and “$300”, respectively. 218 of the Act by a State shall be allowed tion will be deemed to have been made 2. In paragraph (b), the figures unless a claim for such credit or refund within the periods of limitation pre “$4,125” and “$275” are changed to read is filed by the State with the Secretary scribed in § 404.1285 provided such claim “$4,500” and “$300”, respectively. before the expiration 'of the period of is filed before the individual’s earnings 3. In paragraph (c) the figure “$275" limitation applicable thereto. A claim record with respect to such deletion be is changed to read “$300” in two places. for credit or refund made by a State in comes final. (See § 404.806 (a), (b), and 4. In paragraph (d) , the figure accordance with the applicable provi (e). Section 404.806(e) relates^to the “$2,750” in the introduction to the para sions of these regulations is deemed to revision of earnings records after the ex graph is changed to read “$3,000”, and in have been filed with the Secretary when piration of the time limitation where an subparagraph (2) the figure “$275” is delivered to the Secretary, or when entry on the record is erroneous as a changed to read “$300”, in two places. mailed to the Secretary if the date of result of fraud.) 5. In paragraph (e), the figure “$275” the postmark on the envelope in which § 404.1287 Allowance of a credit or re is Changed to read “$300” in two places. such request is mailed falls within the fund. 6. In paragraph (f), the figure “$825" prescribed period. (See § 404.3(c) for An allowance of a credit or refund of is changed to read “$900”. applicable rule where periods of limita an. overpayment to a State made as the 7. In paragraph (g), the figure “$825" tion expire on non work days.) result of a determination by the Depart is changed to read “$900”. (b) Overpayment defined. An over ment shall be subject to the periods of 8. In paragraph (h), the figure “$275” payment is a payment of more than the limitation in § 404.1285 (or as extended is changed to read “$300”. correct amount of contributions, interest, under § 404.1286), Notice and public procedure and de or both with respect to wages paid an layed effective date are not necessary individual as a member of a coverage § 404.1290 Secretary defined. prerequisites to the promulgation of this group during one or more calendar quar Unless otherwise specified or unless order, and I so find, since the increase in ters. An overpayment may be due to the context otherwise requires, the term fees is necessary to cover the cost of proc (1) an over-reporting of the amount of “Secretary” as used in this subpart shall essing petitions and requests for estab wages paid to an individual, (2) an er mean the Secretary of Health, Education, lishing tolerances or exemptions from roneous computation of contributions, or and Welfare or his duly authorized tolerances for pesticide chemicals in or (3) an amount paid for wages reported delegate. on raw agricultural commodities, as pro after expiration of the periods of limita vided by section 408(o) of the Federal (Secs. 205,218, and 1102 of the Social Security Food, Drug, and Cosmetic Act. tion in § 404.1280 (or as extended under Act 53 Stat. 1368, as amended, 64 Stat. 514, § 404.1281) if not paid pursuant to as amended, 49 Stat. 647, as amended; sec Effective date. This order shall be § 404.1282. tion 5 of Reorganization Plan No. 1 of 1953, 67 come effective March 15,1965. (c) Periods of limitation. Subject to Stat. 18, 631; 42 U.S.C. 404, 418, and 1302) the exceptions set forth in § 404.1286, (Sec. 408(o), 68 Stat. 511, as amended; 21 claim for credit or refund of an overpay 2. Effective date. The foregoingU.S.C. 346a (o )) ment must be filed by the State before amendments shall become effective upon Dated: February 26,1965. the expiration of the latest of the follow publication in the F ederal R egister. ing periods: Dated: February 11,1965. G eo . P. L arrick, (1) 3 years, 3 months, and 15 days af Commissioner of Food and Drugs. ter the year which includes the calendar [ se a l ] R obert M . B all, [P.R. Doc. 65-2256; Piled, Mar. 2, 1965; quarter in which the wages were paid or Commissioner of Social Security. 8:49 a m .] alleged to have been paid with respect to Approved: February 24,1965. which the overpayment occurred; or PART 121— FOOD ADDITIVES (2) 3 years after the due date of the A n t h o n y J . C elebrezze, Secretary of Health, Education, Subpart C— Food Additives Permitted payment which included the overpay and Welfare. ment; or in Feed and Drinking W a te r of An* (3) 2 years after the overpayment was [P.R. Doc. 65-2199; Piled, Mar. 2, 1965; imals or for the Treatment of Food 8:48 a.m.] made to the Secretary of the Treasury; Producing Animals or (4) 3 years, 3 months, and 15 days af D ien estr o l D iacetate ter 1961 (April 15,1965). Title 21— FOOD AND DRUGS Correction § 404.1286 Exceptions to the periods of Chapter I— Food and Drug Adminis In F.R. Doc. 65-1931, appearing J* limitation. page 2429 of the issue for Thursday, P®- (a) Extension by agreement. The ap tration, Department of Health, Edu ruary 25, 1965, the following correction plicable time period as described in cation, and Welfare is made in § 121.266(a): The matter § 404.1285 for filing a claim for credit SUBCHAPTER B— FOOD AND FOOD PRODUCTS enclosed in parentheses should re or refund of an overpayment may, be “(p-acetoxyphenyl) ” instead of (P'a fore the expiration of such period (or of PART 120— -TOLERANCES AND EX toxphenyl) ”. any previous extension thereof) be ex EMPTIONS FROM TOLERANCES FOR tended by written agreement between the PESTICIDE CHEMICALS IN OR ON SUBCHAPTER C— DRUGS State and the Secretary subject to such RAW AGRICULTURAL COMMODI conditions as are agreed upon. The ex PART 146— ANTIBIOTIC DRUGS; tension Qf the period of limitation shall TIES PROCEDURAL REGULATIONS not become effective until the agreement Fees Changes in Fees is signed by the Secretary. (See § 404.3 Pursuant to the authority vested in Since the fee schedule to cover the cos^ (c) for applicable rule where the periods the Secretary of Health, Education, and of certification of antibiotic and,, ^ of limitation expire on nonfarm days.) Welfare by the Federal Food, Drug, and biotic-containing drugs was adjust*, A claim for credit or refund filed by the Cosmetic Act (secs. 408, 701, 68 Stat. 511, 1961, several developments -have se Wednesday, March 3, 1965 FEDERAL REGISTER 2705 to increase the cost of this service. Administration pharmacies on prescrip These VA Regulations are effective the Therefore, it is necessary to revise the tion of a doctor of medicine or osteop date of approval. fee schedule to provide for these in athy who is licensed to practice his pro creased costs. fession and to prescribe drugs and med By direction of the Administrator. Accordingly, under the authority vested icines in a State, Territory, or possession Approved: February 25, 1965. in the Secretary of Health, Education, of the United States, the District of Co and Welfare by the Federal Food, Drug, lumbia, or the Commonwealth of Puerto [ sea l] C y r il F . B r ic k f ie l d , and Cosmetic Act (sec. 507(b) (5) , 59 Rico. In the State of Alaska, the Terri Deputy Administrator. Stat. 463 as amended; 21 U.S.C. 357(b) tories or possessions where there are no [F.R. Doc. 65-2186; Filed, Mar. 2, 1965; (5) and delegated to the Commissioner Veterans Administration pharmacies, 8:47 a.m.] of Food and Drugs by the Secretary (21 necessary drugs and medicines may be CFR 2.90) , section 146.8(b) is amended furnished on a reimbursement basis. by changing the words “30 percent” to (72 Stat. 1114; 38 U.S.C. 210; sec. 8, Pub. Title 47— TELECOMMUNICATION “60 percent.” As amended, this para Law 88-664) graph reads as follows; This VA Regulation is effective April Chapter I— Federal Communications § 146.8 Fees. 1, 1965. Commission * * * * * By direction of the Administrator. [FCC 65-139] (b) The fee for such services with re Approved: February 25, 1965. PART 0— COMMISSION spect to each batch of a drug, certifica ORGANIZATION tion of which is provided by the regula [ sea l] C y r il F . B r ick field, tions in this chapter, including those Deputy Administrator. PART 1— PRACTICE AND PROCEDURE published hereafter, is the fee prescribed [F.R. Doc. 65-2185; Filed, Mar. 2, 1965; PART 97— AMATEUR RADIO SERVICE in the section relating specifically to such 8:47 a.m .] drug plus an additional 60 percent of Aliens; Operation of Amateur Radio whatever that fee may be, except that Stations in United States in the case of a supplemental request PART 21— VOCATIONAL REHABILI submitted pursuant to the provisions of TATION AND EDUCATION In the matter of amendment of Parts § 144.3 of this chapter, the fee shall be 0, 1, and 97 of the Commission’s rules to $3.00. Subpart A— Education and Training of implement the provisions of Public Law Notice and public procedure and de World War II Veterans and Voca 88-313. layed effective date are not necessary tional Rehabilitation Under 38 At a session of the Federal Communi prerequisites to the promulgation of this U.S.C. Chapter 31 cations Commission held at its offices in order, and I so find, since the increase in Washington, D.C., on the 24th day of fees set forth is necessary .in order to M iscellaneous A m en d m ents February, 1965. provide, equip, and maintain an adequate 1. In § 21.252(a) (3) (i), (b) is amend The Commission having under con certification service for antibiotic and ed to read as follows: sideration Public Law 88-313, approved antibiotic-containing drugs. May 28, 1964, which amended sections § 21.252 Change of employment objec 303(1) and 310(a) of the Communica Effectve date. This order shall become tive. tions Act of 1934, as amended, to provide effective March 15,1965. (a) * * * for the issuance of an authorization, (S). 59 Stat. 463 as amended; (3) * * * under such conditions and terms as the 21TJ.S.C. 357(b) (5 )) (i) * * .* Commission may prescribe, to permit an (b) The change of objective is ap alien licensed by his government as an Dated: February 26,1965. proved by a committee composed of the amateur * radio operator.. to operate his G eo . P . L arrick, Chief of Vocational Counseling, Train amateur radio station licensed by his commissioner of Food and Drugs. ing and Adjustment, a counselor and a government in the United States, its IF.R. Doc. 65-2255; Filed, Mar. 2, 1965; vocational rehabilitation specialist; or possessions, and the Commonwealth of 8:49 a.m.] * * * * * Puerto Rico provided there is in effect a bilateral agreement between the United 2. In § 21.253, paragraph (a) (1) is States and the alien’s government for amended to read as follows: such operation by- United States ama Title 38— PENSIONS, BONUSES, § 21.253 Additional considerations inci teurs on a reciprocal basis; and dent to supervision. It appearing, that rules implementing AND VETERANS’ RELIEF * * * * * Public Law 88-313 should be adopted; (a) Medical services for veterans purand Chapter I -Veterans. Administration suing vocational rehabilitation training. It further appearing, that authority PART 17— MEDICAL (1) A veteran who has been found in for the issuance of the rules herein iieed of vocational rehabilitation and for adopted is contained in, section 4(i) , 303, Outpatient Treatment and whom an objective has been selected, or and 310(a) of the Communications Act who is pursuing a course of vocational of 1934, amended; and Examination rehabilitation training, is entitled to It further appearing, that the rules such of the following kinds of treatment adopted herein are pursuant to Public r^ S < ; w ps“ragraph Microfilm Microfilm Item number and category of records Retention periods indicator Item number and category of records Retention periods indicator (sec. 249.23) (sec. 249.23) A. ADMINISTRATIVE AND CORPORATE b, treasurt—Continued 1. Incorporation and reorganization: 6. Records of securities owned or held by custodians, de- 3 years after the related securities are ME. (a) Charter or certificate of incorporation and amend Permanently. tailed ledgers and journals, or their equivalents. sold, redeemed or otherwise dis ments thereto. posed of. (b) Legal documents in connection with mergers, con ___.d o .....__ M-6. 6. Statements of funds and deposits: solidations, reorganization, receiverships and (a) Statements from depositaries on funds received, 3 years...... M., similar actions which affect the identity or orga disbursed and transferred. nization of the company. (b) Authorization for transfer of funds from one de- 1 year after expiration...... ME. 2. Titles, franchises and licenses: positary to another. (a) Certificates of public convenience and necessity Until expiration or cancellation...... (C) Periodical statements of the receipt and disburse- 1 year...... M. issued by regulating bodies. ment of funds. (b) Copies of formal orders of regulatory bodies served 1 year after expiration or cancellation.. ME. (d) Bank deposit books, stubs, ledgers, or records of 3 years...... upon the freight forwarder. checks, and copies of deposit slips. (c) Operating authorizations and exemptions to operate Until expiration or cancellation...... (e) Bank reconciliations; checks, drafts, etc., issued and ...... do...... M-2. issued by regulating bodies. not presented. (d) Deeds and other title papers...... ' ...... 3 years after disposition of property. -. ME. (f) Records pertaining to verification of treasurers’ (3 years for records of cash______—- M. 3. Contracts and agreements (see also other pertinent cate cash or securities. \3 years after disposition of securities.— ME. gories): (a) Service contracts, such as for operational, manage 3 years after expiration or cancellation.. ME. C. FINANCIAL ACCOUNTING RECORDS ment. accounting, financial or legal service, or for rental or lease of property or equipment, or 1. Ledgers: records of such contracts, leases or agreements. (a) General and subsidiary ledgers and indexes thereto.. Permanently______i ___-___ M-10. (b) Contracts with other carriers for interchange or ...¿.do...... ME. (b) Balance sheets and trial balance sheets of general 5 years...... — M-3. joint use Of property. and subsidiary ledgers. (c) Complete files and related papers of contracts Shall not be broken up or destroyed 2. Journals (except as otherwise provided herein): MAKING RULE PROPOSED entered into by competitive bidding under the without specific written authority. Permanently...... M-6. provisions of Section 10 of the Clayton Antitrust (b) Subsidiary journals and any supporting papers 10 years....I___...... ------M-6. Act. necessary to explain journal entries. 4. Corporate elections: (c) Schedules of recurring or standard journal entries Until superseded...... (a) Proxies of holders of voting securities...... 3 years. M-2. and entry numbers. (b) Lists of holders of voting securities represented at ___ do.. M-2. 3. General and subsidiary cash books, except cash books at Permanently....______M-6. meetings. agencies provided for under item H-4. (c) Ballots cast and tabulations of votes.....______.do. M-2. 4. Voucher distribution registers or their equivalent...... 10 years...... M-6. (d) Judges’ reports of election results______.do. M-2. 6. Vouchers: 5. Minutes of meetings of stockholders, directors, executive Permanently___ ...... M-6. 3 years______M. or other directors’ committees, or other meetings. (b) Vouchers, expenditure authorizations, detailed dis- 6 years...... M-2. 6. Communications code and cipher books...... _____ Until 2 years after change.. ME. tribution sheets and other supporting papers, in cluding original bills and invoices, except as other B. TREASURY wise provided herein. M-2. 1. Capital stock records: • (d) Reports of drafts issued by claim agents, terminal l ’year...... (a) Detailed capital stock journals, ledgers or their Permanently...... M-3. and station agents, and others. equivalents. 6. Accounts Receivables and Payables: (b) Capital stock certificates, stubs or similar records of...... do...... M-3. (a) Traffic accounts receivable or payable, detailed 4 years...... M-3. N ote : If the information shown on the stubs is recorded journals and ledgers or their equivalents, with in permanent records, the stubs are required to be supporting papers. retained only for a period of 3 years. (b) General accounts receivable or payable, detailed ...... do...... -...... M-3. (c) Subscription notices and requests for allotment..I.. 3 years...... M. journals and ledgers or their equivalents, together (d) Stock transfer registers...... ______Permanently______M-3. with supporting papers. . (e) Papers pertaining to or supporting transfers of capi 3 years...... M. (c) Bills issued for collection and supporting papers___ 2 years after settlement______ME. tal stock. 7. Statements of receipts, disbursements, and balances of 3 years...... -...... - M. (f) Canceled capital stock certificates__. . . ______...... do ¿...... ___.... M. working or petty cash funds in hands of employee-cus 2. Bond or other long-term debt records: todians and supporting papers. (a) Bond indentures, underwriting, mortgage, and Permanently...... M-6. 8. Uncollectible accounts: other long-term credit agreements. (a) Reports and statements showing age and status of 1 year...... M. (b) Bond or other long-term debt detailed journals, 3 years after redemption. ME. accounts receivable. vouchers and ledgers or their equivalents. (b) Authorizations for writing off accounts receivable... M. (c) Stubs or similar records of bonds or other long-term Permanently...... M-3. debt issued. D. PAYROLLS AND PERSONNEL N ote: If the information shown on the stubs is recorded in permanent records, the stubs are required to be 1. Payroll records: retained only for a period of 3 years. (a) Payroll sheets, registers, or their equivalents, of sal- 3 years. See sec. 249.21...... M-2. (d) Subscription notices and requests for allotment..... 3 y e a rs...... M. aries and wages paid to individual officers and (e) Records of interest paid and unpaid______.....do.™ .7______employees. (0 Papers pertaining to or supporting transfer of bonds ___ d o ...... M. (b) Records showing the distribution to accounts and 3 years...... M-2. (g) Canceled bonds, mortgages, notes or other long-term ___ do...... M. jobs of the salaries and wag$s paid to officers and debt, and interest coupons. employees for each periodic payroll and sum S. Authorization from regulatory bodies for issuance of 1 year after expiration. ME. maries or recapitulation statements of such distri securities including applications, reports and support bution. ing papers. (c) Original source documents used in the preparation ___ do...... M. 4. Copies of registration statements and other data filed 6 years______M-3. of payrolls such as time and attendance cards or with the Securities and Exchange Commisson and sup job and cost distribution cards. porting papers in connection with offerings of securi (d) Payroll authorizations, removals and adjustment 1 year...... — ties for sale to the public or the listing of securities on exchange. notices. ensa, ac 3 1965 3, March Wednesday, S c h e d u l e o f R e c o b d s — Continued S c h e d u l e o f R e c o r d s— Continued * Microfilm Microfilm Item number and category of records Betention periods Indicator Item number and category of records Retention periods indicator (sec. 249.23) (sec. 249.23) D. payrolls and personnel—Continued G. INSURANCE, TAXES AND CLAIMS—G o n tin u ed 1. Payroll records—Continued 3. Claims records—-Continued (e) Paid Checks, receipts for wages paid in cash, and 3 years...... M. (c) Records showing the details of authorities issued to 3 years after settlement. ME. other evidence of payments for services rendered agents, carriers, and others for participation in by employees, freight claims. 2. Personnel records: (d) Reports, statements and other records pertaining to ___do...... ME. (a) Applications for employment, qualification records, 1 year after termination of service____ ME. personal injuries, or damage to property in transit, service records^ reports arid certificates of physical when not,necessary to support claims or vouchers. examinations, efficiency tests, and similar records, (e) Reports, statements, tracers, and other records per 1 year______...... M. (b) Contracts and agreements with employees or 1 year after expiration or cancellation- ME. taining to unclaimed, over, short, damaged, and employee organizations or groups, .* refused freight, when not necessary to support (c) Employees' welfare and pension records including- 3 years...... M-l. claims or vouchers. records on employees’ relief, health and insurance, (f) Authorities for disposal of unclaimed, damaged, and 3 years— — — . REGISTER FEDERAI M-l. savings, and workmen’s compensation accident refused freight. .reports. , H. SHIPPING AND AGENCY DOCUMENTS E. EQUIPMENT AND OTHER PROPERTY 1. Bills of lading and releases: .. Records, reports, statements and supporting papers, per 3 years after sale or retirement...... — ME. (a) Consignors’ shipping orders, shipping tiokets, and „¿..do:...— — M-2. taining to debits and credits to accounts showing the copies of bills of fading and brder-notify bills of cost or inventory value of property or equipment. In- lading taken up and canceled, freight bills from eluded in supporting papers would be Job or work other carriers, and other similar documents fur orders, maps, profiles, specifications^ estimates, èngi- nished the carrier for movement erf freight. neering studies, construction bids, and similar records. ; (b) Contracts covering risks of freight forwarders in 2 years after expiration. ME. . Records and memoranda pertaining to depreciation, re- ME. transportation and storage. J t , 4 , , tirements, and replacements of property. ■ 2. Freight waybills and freight bills: 4 . Contracts and other agreements relating to the construe- ...... do...... J ME. (a) Original localwaybills and freight bills and audited 3 years____ —______M -l tion, acquisition, or sale of property and equipment, copies-thereof mid-company freight waybills, except as provided in item A-3(c). - freight bills and.cargo manifests. (b) Original interline waybills and freight bills re .do. M -l F. PURCHASES AND STORES ceived from carriers and copies of those made to carriers. . Records of materials and supplies on hand and detail 3 years...... M-2. (c) Copies of waybills and freight- bills furnished to 1 year. M. papers of inventories taken. joint traffic associations, bureaus, and similar . Bids, oilers, copies of orders and correspondence pertain- M-l. agencies,, If such copies contain no information tog to the sale or purchase of materials and supplies, other than that appearing on the original way except as specified In itein A-3(c). bills and freight bills or in other records. . Materials ana supplies received and issued: 3. Freight records and reports: (a) Records and reports of materials and supplies re- M-l. (a) Reports and records of freight forwarded and re 2 years. ceived and issued, i ceived. (b) Requisitions and receipts for materials and supplies 1 year...... —....,...... M. (b) Transfer records of freight received from and de ___ do.. issued, totals of which have been transcribed into livered to carriers. other records for retention. (c) Records pertaining to diversion or reconsignment .«.do., of freight, including requests, tracers, and cor- G. INSURANCE, TAXES AND CLAIMS . respondence in connection therewith. (d) Records of joint-lpaded shipments showing_____... — do., . Insurance records: (1) Identity ofaU participating forwarders.... (a) Registers, cards, or other records of insurance ; 3 years after policy expires...... ME. (2) Total poundage of the joint shipment..,..__ ... policies in force showing coverage, premiums . (3) Poundage contributed by reporting forwarder_ paid, good experience credits and expiration dates, (4) Name of carrier transporting the shipment____ (b) Records of self-insurancé provisions and actual losses 3 years...... ’.. M-2. (5) Amoqnf of charges by the direct carrier on the from damages to persons and property. total shipment, for transportation and other 2 years after expiration ...... _ ME. services. . (d) Records of losses and recoveries from insurance 3 years after settlement___ 1______ME. (6) Amount of such charges paid by reporting companies and supporting papers. forwarder. (e) Records and files of fidelity bonds of employees and 1 year after expiration of bonds...... ME. 4. Agents’ remittance Slips, hank deposit slips and all sup 3 years.. M-2. others'responsible for funds of the freight for porting papers not, provided for elsewhere. warder. 5. Agents’ balance sheets and supporting papers.,—.. . , . . . . _„.do.. M -l . Tax records: • • s'? 6. Miscellaneous records pertaining to agents’ accounts: (a) Copies of schedules and returns to taxing authorities 3 years after final settlement...... ME. (a) General office records or ledgers of agents’ accounts -do. M-2. andsupporting working papers, records of appeals, showing debits and credits from Various sources. and copies òf final detenuto ation to form of closing (b) General office records relating to extension of credit 2 years after discontinuance of credit ME. agreements. for transportation and other charges. agreement. (b) Copies of schedules and returns to taxing authorities 3 years after settlement...... ME. (c) Statements of corrections in agents’ accounts....—. 3 years—------—____ M-2. and supporting working papers in connection 7. Instructions to agentaand representatives—bulletins hnd 3 years after expiration or cancellation. ME. with taxes collected as agent. circulars of instructions to traffio agents and soliciting . Claims records:- personnel. (a) Claims registers, card or book indexes and other ME. 8. Information to the public—press releases, paid advertise I year—.r records to connection with the recording of over ments, pamphlets, brochures, circulars, and bulletins. charge, loss and damage, personal injury, fire, and 9. Other agency records at stations or agencies not otherwise 3 years__ M-2. other claims. ' provided for herein. (b) All papers substantiating overcharge, loss and dam-. _ ME* . age, personal injury, fire, and other claims, whether such papers are filed separately or at tached to vouchers t - See item C-5(b). ’Y " 2718 PROPOSED RULE MAKING Schedule of Records—Continued 5. Agents’ balance sheets. 6. Miscellaneous records pertaining to Microfilm agents’ accounts. Item number and category of records Retention periods indicator 7. instructions to agents and repre (sec. 249.23) sentatives. 8. Information to the public. I. TARIFFS AND RATES 9. Other agency records. I—Tariffs and rates : 1. Tariffs, classifications, division sheets, and circulars in 3 years after expiration or cancellation. ME. 1. Tariffs and classification&-K>rig- which the freight forwarders are interested relative to inals. the transportation of property in the general files of the department in wmch the complete official file is 2. Tariffs and classifications—dupli maintained. cates. 2. Tariffs, classifications, division sheets, and circulars in Until expiration or cancellation...... 3. Special or reduced—rate orders. other departments and at agencies, if copies of the same issues of such tariffs, etc., are preserved in the general 4. R equests and receipts for tariffs and filesjeferred to in item 1 above. classifications. 3. Special or reduced-rate orders and supporting papers, 3 years...... M -l. 5. ' C oncurrences and powers of attor covering the movement of property. ney. 4. Requests and receipts from agents and others for tariffs, Optional___;------.------classifications, division sheets, and circulars. 6. Written requests for quotations and 5. Copies of concurrences and powers of attorney filed with 2 years after expiration or cancellation. ME. . copies of quotations. regulatory foodies. 7. Correspondence and working papers 6. Written requests on freight forwarders from persons and Optional______companies for quotations of rates and copies of freight in connection with tariffs. forwarder’s quotations. J—Reports and related statistics: 7. Correspondence and working papers in connection with 3 years after cancellation or expiration ME. 1. A nnual reports to regulator; the making of ratés and compilation of tariffs, classifi of tariff. bodies. cations, division sheets, and circulars affecting the transportation of property. 2. Quarterly reports to regulatory bodies. Ï. REPORTS AND RELATED STATISTICS 3. Annual reports or statements to stockholders. 1. Annual reports to regulatory bodies, file-copies of------10 years...... M-6. 2. Quarterly reports to regulatory bodies, file copies of, and 3 years...... M. | 4. Accountants’ and auditors’ reports. supporting papers. 5. A ccident reports. 3. Annual reports or statements to stockholders, file copies Permanently...... M-6. . 6. Other financial and statistical of. statements. 4. Accountants’ and auditors’ reports: (a) Certifications and reports of all examinations and 3 years___—...... M -l. 7. Tabulating cards, tapes and other audits conducted by public and certified publie m edia. accountants. K—Miscellaneous : (b) Reports of examinations and audits conducted by __.do...... -...... M -l. 1. Correspondence relating to records. internal auditors and others. 5. Accident reports, file copies of and supporting papers... M -l. 2. Duplicate copies of records. 6. All other financial operating and statistical statements or ___.do...... — M. 3. Authorizations and certificates for reports and supporting papers. destruction of records. 7. Tabulating cards, tapes, and other media used in the Until appropriate summaries have compilation of statistics and other data when the been made. 4. Organization manuals. results are transcribed to other records covered by these regulations. § 249.28 Effective date. K. MISCELLANEOUS This subpart shall become effective ______The retention re 1. Correspondence and records thereof pertaining to the Same period prescribed for the items As may be items listed herein. to which related. permitted quirements prescribed in this subpart for items shall be applicable to all records remain to which related. ing in the custody of any freight for 2. Duplicate copies of accounts, records, and memoranda Optional...... ——.———_— warder, subject to its provisions, upon listed in these regulations, if all information on such duplicates is contained on the originals or other copies the effective date of this subpart as well retained, and if such duplicates are not Specifically as to all records subsequently a c q u ir e d . provided for in these regulations. With respect to individual records, each 3. Written authorizations and certificates of destruction of Permanently...... M-2. accounts, records, and memoranda required by the retention period herein prescribed shall regulations. commence upon the date when the rec 4. Organization manuals, handbooks, circulars and other 3 years after expiration or cancellation.. ME. instructions issued to employees on matters pertaining ords are created or otherwise come into to the business of the freight forw arder. the possession of the freight forwarder [F.R. Doc. 65-2070; Filed, Mar. 2, 1965; I ndex to R ecords D—Payrolls and personnel: 8:45 a.m .] 1. Payroll records. A—Administrative and corporate: 2. Personnel records. 1. Incorporation and reorganization. E—Equipment and other property: 2. Titles, franchises and licenses. 1. Records, reports and statements 3. Contracts and agreements. showing cost or inventory value. FEDERAL AVIATION AGENCY 4. Corporate elections. 2. Records and memoranda pertaining [ Ï4 CFR Part 39 1 5. Minutes of meetings. to depreciation, retirements and 6. Communications code and cipher . replacem ents. [Docket No. 6501] books. 3. Contracts and agreements relating B—Treasury: to construction, acquisition or AIRWORTHINESS DIRECTIVES 1. Capital stock records. sale. 2. Bond or other long-term debt P—Purchases and stores: -Lockheed Models 18, PV-1, <*nt* records. 1. Records of materials and supplies PV-2 Series Aircraft 3. Authorization from regulatory inventory. The Federal Aviation Agency hasunder bodies for issuance of securities. 2. Bids, offers and orders pertaining 4. Registration statements filed with to sale or purchase of material^ consideration a proposal to amend r a SEC. „ and supplies. 39 of the Federal Aviation Regulation 5. Records of securities owned or held 3. Materials and supplies received and to revise Amendment 34, 24 F R* J by custodians. issued. AD 59-16-2, as amended by Amendmen 6. Statements of funds and deposits. G—Insurance, taxes and claims: . 50, 24 F.R. 8928, for Lockheed Models j-o, C—Financial accounting records: 1. Insurance records. P V -1 , and PV-2 Series aircraft. AD J - 1. Ledgers. 2. Tax records. L6-2 requires that the horizontal stamiw 2. Journals. 3. Claim s records. Sr front and rear spar flanges and w 3. General and subsidiary cash books. H—Shipping and agency documents: 4. Voucher distribution registers. 1. Bills of lading and releases. 5n Lockheed Models 18, P V -1 and 5. Vouchers. 2. F reight w aybills and freigh t bills. Series aircraft be inspected for crac ._ 6. Accounts receivables and payables. 3. Freight records and reports. the region of the vertical fin n£} 7. Working or petty cash funds. 4. Agents’ remittance slips and bank angles and repaired if cracks are.n> „ 8. Uncollectible accounts. deposit slips. Subsequent to the issuance of AD / Wednesday, March 3, 1965 27fT the Agency determined that the hori ern the Preservation of Records of lations after they have been preserved zontal stabilizer of the Model FV-2 is Freight Forwarders. for the periods of time herein prescribed. structurally different from the Models 18 The purpose of this modification is to (b) Special authority. A freight for and PV-1, and incorporates strength (1 ) update the existing rules in the warder subject to the provisions of the equivalent to that required by the AD. light of present-day conditions, and (2) regulations of this part proposing to de Therefore, the AD need not apply to the to standardize the general instructions stroy records or documents which are Model PV-2. On the other hand, it has and record-retention requirements ap not named or described in the regulations been determined by a review of available plicable to forwarders with similar re of this part or which, if named or de data that the Model B-34 is basically quirements to be prescribed by the Civil scribed, are of a character that they are similar to the Model PV-1 and should Aeronautics Board. This standardiza no longer needed for the prescribed pe have been included in the original AD. tion will relieve the situation in the case riods of" years because of retirement of Therefore, it is proposed to amend the of those Federal-regulated freight for property, or the information is sufficient-, applicability provision of the directive warders serving both surface and air ly available in other records to be kept to include the Model B-34 Series aircraft transportation. for required periods of years, or other and to delete the PV-2 Series aircraft. The retention periods heretofore speci good cause, may request special authority Interested persons are invited to par fied for preservation of records are sub to destroy such records or documents. ticipate in the making of the proposed stantially reduced for many records. Applications for such special authority rule by submitting such written data, Rules are prescribed authorizing making shall list in detail the records or docu views, or arguments as they may desire. of photographic copies of records and ments to be destroyed and shall demon Communications should identify the maintaining the microfilm in lieu of strate that unusual circumstances war docket number and be submitted in du original records. Complete details of the rant a departure from prescribed reten plicate to the Federal Aviation Agency, modifications in the regulations are set tion periods, and that compliance with Office of the General Counsel, Attention: forth in the statement attached hereto. such prescribed requirements would im Rules Docket, 800 Independence Avenue Freight forwarders affected by the pro pose an unreasonable burden upon the SW., Washington, p.C., 20553. All com posed rule herein and other interested carrier. munications received on or before April parties who desire to do so may present 2,1965, will be considered by the Admin written views or comments for our con § 450.3 Photographic copies. istrator before taking action upon the sideration as soon as practicable and (a) All records and documents must proposed rule. The proposals contained not later than April 1, 1965. The Com be preserved to their original form for in this notice may be changed in the light mission will consider all responses and the periods specified in the “Schedule of of comments received. All comments presentations before deciding the matter Records” unless the records and docu will be available, both before and after herein, after which such order as may be ments are suitably photographed and the the closing date for comments, in the found appropriate will be entered. An microfilm is retained to lieu of the origi Rules Docket for examination by inter original and six copies of any such re nal record for the required retention pe ested persons. • sponse should be submitted. riod, subject to the limitations indicated This amendment is proposed under the Notice of this proposed modification to below. A “Microfilm indicator” has been authority of sections 313(a), 601 and 603 the existing regulations shall be given to added to the “Schedule of Records” to of the Federal Aviation Act of 1958 (72 all freight forwarders hereby affected show when microfilms may be subsituted 752> 775, 776; 49 U.S.C. 1354(a), and to the général public by depositing for retention of the original record. In 1421,1423). ■ this Notice in the Office of the Secretary the absence of an indicator, microfilms In consideration of the foregoing, if is of the Commission at Washington, D.C., may not be substituted for the original Proposed to amend § 39.13 of Part 39 and by filing this Notice with the Di records unless special permission is <14 CFR Part 39), as follows: rector, Office of the Federal Register. granted pursuant to § 450.2(b). Amendment 34, 24 F.R. 6581, AD-59~ (See. 403, 56 Siat. 285, as amended; 49 U.S.C. (b) An explanation of the symbols p p ’ as amended by Amendment 50, 24 1003. Interpret or apply sec. 412, 56 Stat. used as the microfilm indicators follows: °*28, Lockheed Models 18, PV-1, 294, as amended; 49 U.S.C. 1012) "M” (fear Microfilm) indicates that micro p * l Series aircraft, is further By the Commission, Division 2. films may be substituted for retention of the original records at any time. *he aPPllCabUity [ sea l] B erth a F . A r m es, “M -l" , “M -2”, etc., indicates that micro films may be substituted for retention of the airwSi^J® ^ els 18’ PV-!> and B -3 4 Series Acting Secretary. forcemp«+Cept —os® incorporating spar rein - Sec. original records only after the original rec 450.1 Introduction. ords have b een retained in their original form Alrcrait 450.2 Authority to destroy records. for the number of years corresponding to the 450.3 Photographic copies. num eral. Washington> D c - on Febru- 450.4 Supervision of destruction. “ME” (for Microfilm and for Expiration) 450.5 List of records destroyed. indicates that microfilms may be substituted 450.6 Freight forwarder going out of busi for retention of the original records only for Harry A. Turnpaugh, ness. tiie period subsequent to the expiration, can Acting Director, 450.7 Prescribed periods of retention. cellation, supersedure, or other condition Flight Standards Service. shown in the column for “Retention periods” § 450.1 Introduction. 1 * ^ «5-2158; Filed, Mar. 2, 1965; in the. “Schedule of Records.” Thus, for item 8:45 a.m.] The regulations of this part specify the A-3(b) microfilms are not acceptable as a substitute for the contracts until they have records and documents which may be expired or have been canceled. At that time destroyed and prescribe the length of microfilms may be substituted for the origi time the same shall be preserved, but nal contracts for the required 3 years after interstate co m m erce mention of a record or document herein the expiration or cancellation. after imposes no requirement that such record shall be installed if its purpose is (c) To be acceptable to lieu of original COMMISSION records, photographic copies of records * 49 CFR pa rt 450 ] otherwise being adequately served. Nothing contained in the regulations of must meet the following minimum re „ [Docket No. 34558] this part shall be construed to excuse quirements: RESE*VA1ï °N o f RECORDS I noncompliance with requirements of any (1) Photographic copies shall be no less readily accessible than the original FREIGHT f o r w a r d e r s other governmental body, Federal or State, prescribing longer retention record or document as normally filed or Notice of Proposed Rule Maki periods for any category of records. preserved would be, and suitable means or facilities shall be available to locate, N o tW i v F ebruary 12, 19< § 450.2 Authority to destroy records. identify, read or reproduce such photo fitate Conm^ereby given that the tr (a) General authority. Freight for graphic copies. consideration^Commission has u warders subject to the regulations of this (2) Any significant characteristic, fea tion of the i ? c« ° m^ ehenslve m odi part may destroy records or docu ture, or other attribute of the original e existing Regulations to < ments named or described in these regu record or document, which photography 2720 PROPOSED RULE MAKING in black and white will not preserve, shall an unauthorized person not subject to When a freight forwarder is merged with be clearly indicated before the photo the freight forwarder’s control, then the another regulated company, the succès- graph is made. list shall include a statement of the rele sor company shall preserve records and (3) The reverse side of printed forms vant circumstances. documents of the merged company in the need not be copied if nothing has been § 450.6 Freight forwarder going out of manner and for the retention periods added to the printed matter common to business. prescribed herein. all such forms, but an identified speci men of such form shall be on the film for The records and documents herein re § 450.7 Prescribed periods of rétention. reference. ferred to may be destroyed after business The following is a list showing cate (4) Film used for photographing is discontinued and the freight forwarder gory of records and documents, the reten copies shall be of permanent record type is completely liquidated. The records tion periods, and the microfilm indicators. meeting in all respects the minimum may not be destroyed until dissolution is The microfilm indicator is explained in specifications of the National Bureau of final and all transactions are completed. § 450.3 herein. Standards, and all processes recom mended by the manufacturer shall be Sc h e d u l e o r R e c o r d s observed to protect it from deterioration Microfilm or accidental destruction. Item number and category of records Retention periods indicato (5) Each roll of film shall include a (sec. 460.3) microfilm of a certificate or certificates stating that the photographs are direct A. ADMINISTRATIVE AND CORPORATE and facsimile reproductions of the origi 1. Incorporation and reorganization: nal records and that they have been made (a) Charter or certificate of incorporation and amend Permanently. in accordance with prescribed instruc ments thereto. (b) Legal documents in connection with mergers, con ___ do....*__ M-6, tions. Such certificate or certificates solidations, reorganization, receiverships and shall be executed by a person or persons similar actions which affect the identity or organi zation of the company. having personal knowledge of the facts 2. Titles, franchises, and licenses: covered thereby. (a) Certificates of public convenience and necessity Until expiration or cancellation...r__ issued by regulating bodies. § 450.4 Supervision of destruction. (b) Copies of formal orders of regulatory bodies served 1 year after expiration or cancellation. . ME. upon the freight forwarder. (a) Immediately upon the effective (c) Operating authorizations and exemptions to operate Until expiration or cancellation....— issued by regulating bodies. date of the regulations of this part, each (d) Deeds and other title papers____ . . . . ___. — ___ .. 3 years after disposition of property... ME. freight forwarder subject thereto shall 3. Contracts and agreements (see also other pertinent categories): appoint an officer or other responsible (a) Service contracts, such as for operational manage 3 years after expiration or cancellation. ME. supervisory employee to supervise the ment, accounting, financial or regal service, or for destruction of records and documents. rental or lease cf property or equipment, or records of such contracts, leases or agreements. Such appointment shall be by formal : (b) Contracts with other carriers for interchange or .do. ME. corporate act of the board of directors Joint use of property. (c) Complete files and related papers of contracts en Shall not be broken up or destroyed or its executive committee. Designation tered into by competitive bidding under the pro without specific written authority. may be made by title only, rather than visions of Section 10 of the Clayton Antitrust Act. 4. Corporate elections: by name and title, and thus obviate the (a) Proxies of holders of voting securities______3 years— i ---- M-2. necessity for a new resolution or order (b) Lists of holders of voting securities represented at ...... d o...... M-2. each time a successor is appointed. An meetings. fc) Ballots cast and tabulations of votes______do______M-2. existing appointment in conformity with (d) Judges’reports of election results______do______M-2. the procedure indicated herein which was 6. Minutes of meetings of stockholders, directors, executive Permanently. M-6. or other directors’ committees, or other meetings. made under prior regulations shall be 6. Communications code, and cipher books______.... Until 2 years after change. ME. recognized as being in compliance with the regulations herein. B. TREASURY (b) If the property of a freight for 1. Capital stock records: (a) Detailed capital stock journals, ledgers or their Permanently. M-3. warder subject to the regulations of this equivalents. part is in the hands of a trustee, executor, (b) Capital stock certificates, stubs or similar records of...... d o __ ..... M-3. administrator, or assignee, the officer or N ote : If the information shown on the stubs is recorded in permanent records, the stubs are required to other responsible employee to have su be retained only for a period of 3 years. pervision of the destruction of records (c) Subscription notices and requests for allotment___ 3 years_____ M. (a) Stock transfer registers______Permanently. M-3. and documents shall be designated by (e) Papers pertaining to or supporting transfers of capi 3 years____— M. such trustee, executor, administrator, or tal stock. (f) Cancelled capital stock certificates...... ___ do______;... M. assignee. 2. Bond or other long-term debt records: (c) It is not required that a copy of (a) Bond indentures, underwriting, mortgage, and Permanently ______.... M-6- the resolution or order of appointment other long-term credit agreements. (b) Bond or other long-term debt detailed journals, 3 years after redemption. ME. be filed with the Commission. vouchers and ledgers or their equivalents. (c) Stubs or similar records of bonds or other long-term Permanently...... - M-3. § 450.5 List of records destroyed. debt issued. N ote: If the information shown on the stubs is recorded (a) The supervising officer or other in permanent records, the stubs are required to be designated employee shall maintain a retained only for a period of three years. M. comprehensive list describing all records (d) Subscription notices and requests for allotment___ 3 years. (e) Records of interest ¿aid and u n p aid ...... ___ do.. M. and documents which have been de (f) Papers pertaining to or supporting transfer of bonds. ___ do.. M. stroyed pursuant to the regulations of (g) Cancelled bonds, mortgages, notes or other long ___ do.. term debt, and interest coupons. m e. this part. The list so maintain'ed shall 3. Authorization from regulatory bodies for issuance of 1 year after expiration. include all records and documents de securities including applications, reports and support ing papers. M-3. stroyed, including microfilms destroyed. 4. Copies of registratibn statements and other data filed with 6 years...,...... This list shall include form numbers and the Securities and Exchange Commission and support ing papers in connection with offerings of securities for descriptive titles (or descriptions) of the sale to the public or the listing of securitieson exchange. m e. records destroyed and the periods 5. Records of: securities owned or held by custodians, 3 years after the related securities are detailed ledgers and journals, or their equivalents. sold, redeemed or otherwise disposed covered. of. (b) The list so maintained shall be 6. Statements of funds and deposits: M. available for inspection in the office of (a) Statements from depositaries on funds received, 3 years— . — — , ---- disbursed and transferred. m e. the supervising officer or employee and (b) Authorization for transfer of funds from one de-> 1 year after expiration. shall be in such detail that the destroyed positary to another. M. (c) Periodical statements of the receipt and disburse 1 year___— ------records or documents may be identified ment of funds. and the time, place, and method of de (d) Bank deposit books, stubs, ledgers, or records of 3 years..— ...... — checks, and copies of deposit slips. M-2- struction can be established. If the de (e) Bank reconciliations; checks, drafts, etc., issued and ...... do...... struction is by accident or at the hand of not presented. Wednesday, March 3, 1965 FEDERAL REGISTER 2721 indicator M-l. M. ME. Microfilm ME. (sec. 450.3) (sec. ME. ME. ME. ME. ME. ME. ME. M. M-2. ME. ME. ME. M-l. M-L M-2. ME. - . ... — —- ...... —— —-- ___ ...... —— ...... — ...... Retention periods Retention ...... ontinued do —C year...... year after expiration of bonds expiration after year year...... 1 3 years 3 3 years after settlement after years 3 1 3 years after final settlement...... final after years 3 3 years after settlement. after years 3 3 years 3 1 expires. policy after years 3 3 years 3 ...... ecords R of csbdudb S F. PURCHASES AND STORES F. PURCHASES G. INSURANCE, TAXES AND CLAIMS AND TAXES INSURANCE, G. E. EQUIPMENT AND OTHER PROPERTY OTHER AND E. EQUIPMENT Item number and category of records of category and Itemnumber claims or vouchers. or claims tached to vouchers. to vouchers. tached item C-5(b). See taining taining to and over, unclaimed, short, damaged, and refused freight. refused and personal injuries, or damage to property in transit, in property to damage or injuries, personal to agents, and carriers, others for participation in freight claims. in freight refused refused freight, when not necessary to support when not necessary to support claims or vouchers, or claims support to necessary not when damage, injury, damage, fire, personal and other claims, whether whether such papers are filed separately or at in force showing coverage, paid, premiums in showing good coverage, force other claims. other closing agreements. closing warder. and supporting of working in form papers, determination records of final of copies ap and peals, with connection in papers working supporting and panics and supporting papers. supporting and panics charge, loss and damage, personal injury, fire, and fire, injury, personal damage, and loss charge, others others responsible for funds of the freight for issued, totals of which have been transcribed into transcribed have been which of totals issued, other records for retention. for records other taxes collected as agent. as taxes collected in withof over connection records the recording experience credits and expiration dates. expiration and credits experience ceived and issued. and ceived losses from damages to persons and property. and to persons damages from losses ders, maps, profiles, specifications, estimates, engineer estimates, specifications, profiles, maps, ders, taining taining to debits toand credits showing the accounts cost or inventory value of property or equipment. equipment. or property of inventory value or In cost cluded in supporting papers would be job or work or work would or be job papers in cluded supporting (c) (c) Records showing the details of issued authorities (0 Authorities for disposal of unclaimed, damaged, tirements, and replacements of property. of replacements and tirements, (e) Reports, statements, tracers, and other records per- records other (e) and tracers, statements, Reports, (b) Copies of schedules and returns to taxing authorities taxing to returns and schedules of (b) Copies (d) Reports, statements and other records pertaining to pertaining records (d) other and statements Reports, ing studies, construction bids, and similar records. similar bids, and ing construction studies, in item A-3(c). specified as except except as provided in item provided A-3(c). as except supplies, and materials of chase pm or sale the to taining (b) (b) All papers substantiating overcharge, loss and papers of inventories taken. inventories of papers (a) Copies of schedules and returns to taxing authorities taxing to returns and schedules of (a) Copies tion, acquisition, or sale of property and equipment, (a) (a) Claims registers, card or book indexes and other (e) Records and files of fidelity bonds of employees and employees of bonds fidelity of files and (e) Records id) Records of losses and recoveries from insurance com- insurance from recoveries and losses id) of Records (b) (b) Records of self-insurance provisions and actual (b) Requisitions and receipts for materials and supplies and materials for (b) receipts and Requisitions (a) Records (a) and Records of reports and materials supplies re- (a) Registers, cards, or other records of insurance policies insurance of records other or cards, (a) Registers, Insurance records: Insurance 3. 3. records: Claims 2. 2. records: Tax 1. Records, reports, statements and supporting papers, per-papers, supporting retirement— and statements or sale reports, after 1. years 3 Records, 3. Materials and supplies received and issued: and received supplies 3. and Materials 1. 1. Records of materials and supplies on hand and detail i. 2. Records and memoranda pertaining to depreciation, re- to pertaining depreciation, 2. and memoranda Records 3. Contracts and other agreements relating to the construe- relating agreements other 3. and Contracts 2. 2. Bids, offers, copies of orders and per- correspondence . i | i . . . . 6 6 6 6 Microfilm (sec. 4S0.3) (sec. ME. M. M -l. ME. M. M-2, M-2. M. ME. M. M. M-3. M-3. - M-2. M. ME. M-2. M- M- M. M-10. M- M- ‘ ‘ indicator - — ...... ____ ...... _ ------...... —— — ______...... ---- ______------...... ______------______...... ______— ...... ¿..¿t . . ------: ...... ____ . ______...... _ . I Retention periods Retention ...... ___ ...... ______...... Continued — years.. year— — ——— year after expiration or cancellation.. or expiration after year years after settlement after years year after termination of service of termination after year year years...... 1 l’year 1 1 3 years 3 3 years. years. 3 450.1.... sec. See 2 3 years.—— 3 3 years for records of cash of records for years 3 3 years.3 1 4 years 4 3 years after disposition of securities... of disposition after 3 years Permanently 5 years 5 IQ years IQ 6 10 Permanently e c o r d s ___ R ______or records c h e d u l e of r e c o r d s S —Continued a c c o u n t in g t r e a s u r y B. D. AND PAYROLLS PERSONNEL f in a n c ia l Item number and category category and Itemnumber c . cash or securities., or cash ployee organizations or groups. or organizations ployee savings, savings, and accident compensation workmen’s examinations, efficiency tests, and similar records. similar and tests, efficiency examinations, reports. other evidence of payments for services rendered services payments for evidence of other byemployees. service records, reports and certificates of physical of certificates and reports records, service of payrolls such as time and attendance time and as attendance such cards or payrolls of jobs of the salaries and wages paid to officers and to officers paid wages and the salaries of jobs job and cost distribution cards. distribution cost and job maries or recapitulation statements maries or recapitulation of such dis tribution. notices. employees for each periodic payroll and sum and subsidiary ledgers. subsidiary and salaries and wages paid to individual officers and topaid individual wages and officers salaries accounts receivable. accounts employees. and entry numbers. and porting papers. porting papers. with supporting distribution distribution sheets and papers, other supporting necessary to explain journal entries. journal to explain necessary and station agents, and others. others. station ' and agents, and journals and ledgers or their equivalents, equivalents, together their or ledgers and journals otherwise provided herein. provided otherwise nals nals and ledgers or their equivalents, with sup i records on employees’ relief, health and insurance, and health relief, employees’ on records i 'including original bills and invoices, exoept as agencies provided for under item H-4, under for provided agencies (f) (f) Records pertaining to verification of treasurers’ custodians and supporting papers. and supporting custodians working or working petty cash funds in hands of employee- (a) Applications for employment, qualification records, employment,qualification (a) for Applications (a) General and subsidiary ledgers and indexes thereto. indexes and ledgers subsidiary and (a) General (b) Balance sheets and trial balance (b) and sheets trial balance Balance sheets of general (d) (d) Payroll removals authorizations, and adjustment (a) (a) Payroll sheets, registers, or their equivalents, of (b) (b) Subsidiary journals and any supporting papers (a) (a) and Reports statements showing age and status of (b) (b) showing the Records todistribution and accounts (c) Original source documents used in used the preparation documents (c) source Original (c) Bills issued for collection and supporting papers supporting and collection (c) for Bills issued Microfilm Microfilm Item number and category of records Retention periods indicator Item number and category of records Retention periods indicator (sec. 450.3) (sec. 450.3) H. SHIPPING AND AGENCT DOCUMENTS l t a r if f s a n d BATES—Continued 1. Bills of lading and releases: 7. Correspondence and working papers in connection with 3 years after cancellation or expiration ME. (a) Consignors’ shipping orders, shipping tickets, and years. M-2. the making of rates and compilation of tariffs, classifi of tariff. copies of bills of lading and order-notify bills of. cations, division sheets, and circulars affecting the lading taken up and canceled, freight bills from transportation of property. other carriers, and other similar documents fur nished the carrier for movement of freight. J. REPORTS AND RELATED STATISTICS (b) Contracts covering risks of freight forwarders in years after expiration» ME. transportation and storage. 1. Annual reports to regulatory bodies, file copies of----- ... 10 years. M-C. 2. Freight waybills and freight bills: 2. Quarterly reports to regulatory bodies, file copies of, and 3 years.. M. (a) Original local waybills and freight bills and audited years______M-2. supporting papers. copies thereof and company freight waybills, 3. Annual reports or statements to stockholders, file copies Permanently. M-6. freight bills and cargo manifests. of. (b) Original interline waybills and freight bills received ...d o. M-2. 4. Accountants’ and auditors’ reports: from carriers and copies of those made to carriers. (a) Certifications and reports of all examinations and 3 years...... M-l. (c) Copies of waybills and freight bills furnished to year.. M. audits conducted by public and certified public joint traffic associations, bureaus, and similar accountants. agencies, if such copies contain no information (b) Reports of examinations and audits conducted by .do. M -l. other than that appearing on the original waybills . internal auditors and others. and freight bills or in other records. 5. Accident reports, file copies of, and supporting papers.. -do. M-l. 3. Freight records and reports: 6. All other financial, operating and statistical statements _do. M. (a) Reports and records of freight forwarded and re years. or reports and supporting papers. ceived. 7. Tabulating cards, tapes, and other media used in the Until appropriate summaries have (b) Transfer records of freight received from and de ...do.. compilation of statistics and other data when the results been made. livered to carriers. are transcribed to other records covered by these regu MAKING RULE PROPOSED (c) Recfords pertaining to diversion or reconsignment __do.. lations. o freight, including requests, tracers, and cor respondence in connection therewith. K. MISCELLANEOUS (d) Records of joint-loaded shipments showing: .do. (1) Identity of all participating forwarders______1. Correspondence and records thereof pertaining to the Same period prescribed for the items As fnay be (2) Total poundage of the joint shipment______items listed herein. to which related, \ permitted (3) Poundage contributed by reporting forwarder_ for items (4) Name of carrier transporting the shipment__... to which (5) Amount of charges by the direct carrier on the related. total shipment, for transportation and other 2. Duplicate copies of accounts, records, and memoranda Optional. services. listed in these regulations, if all information on such (6) Amount of such charges paid by reporting 2 years. duplicates is contained on the originals or other copies forwarder. retained, and if such duplicates are not specifically pro 4. Agents’ remittance slips, bank deposit slips and all 3 years, M-2. vided for in thèse regulations. supporting papers not provided for elsewhere. 3. Written authorizations and certificates of destruction of Permanently...... ____...... M-2. 5. Agente' balance sheets and supporting papers______.do., M-2. accounts, records, and memoranda required by the 6. Miscellaneous records pertaining to agents’ accounts: regulations. (a) General office records or ledgers of agents’ accounts .do.. M-2. 4. Organization manuals, handbooks, circulars and other 3 years after expiration or cancellation. ME. showing debits and credits from various sources. instructions issued to employees on matters pertaining (b) General office records relating to extension of credit 2 years after discontinuance of credit ME. to the business of the freight forwarder. for transportation and other charges. agreement. (c) Statements of corrections in agents' accounts____ _ 3 years...... ______M-2. 7. Instructions to agents and representatives—bulletins and 3 years after expiration or cancellation. ME. i I ndex: to R ecords 2. Journals. circulars of instructions to traffic agents and soliciting 3. General and subsidiary cash books. personnel. A—Administrative and corporate: 4. Voucher distribution registers. 8. Information to the public—press releases, paid advertise 1 year.. 1. Incorporation and reorganization. 5. Vouchers. ments, pamphlets, brochures, circulars, and bulletins. 2. Titles, franchises and licenses, 9. Other agency records at stations or agencies not otherwise 3 years. M-2. 6. Accounts receivables and payables. provided for herein. 3. Contracts and agreements. 7. Working or petty cash funds. 4. Corporate elections, 8. Uncollectible accounts. I. TARIFFS AND RATES 5. Minutes of meetings. D—Payrolls and personnel: 6. Communications code and cipher 1. Tariffs, classifications, division sheets, and circulars in 3 years after expiration or cancellation ME. 1. Pàyroll records. which the freight forwarders are interested relative to books. 2. Personnel records. the transportation of property in the general files of B—Treasury: the department in which the complete official file is E—Equipment and other property: 1. Capital stock records. 1. Records, reports and statements maintained. 2. Bond or other long-term debt 2. Tariffs, classifications, division sheets, and circulars in Until expiration or cancellation___ showing cost or inventory value. other departments and at agencies, if copies of the records. \ 2. Records and memoranda pertain same issues of such tariffs, etc., are preserved in the 3. Authorization from regulatory bod- ing to depreciation, retirements general files referred to in item 1 above. ' ^ ies for issuance of securities. 3 years...;______M-l. and replacements. 3. Special or reduced-rate orders and supporting papers, 4. Registration statements filed with covering the movement of property. 3. Contracts and agreements relating 4. Requests and receipts from agents and others for tariffs. Optional______SEC. classifications, division sheets, and circulars. 5. Records of securities owned or held to construction, acquisition or 5. Copies of concurrences and powers of attorney filed with 2 years after expiration or cancellation. by custodians. sale. regulatory bodies. F—Purchases and stores: 6. Written requests on freight forwarders from persons and Optional..______6. Statements of funds and deposits. companies for quotations of rates and copies of freight C—Financial accounting records: 1 . Records of materials and supplies forwarder’s quotations. 1. Ledgers. inventory. Wednesday, March 3, 1965 FEDERAL REGISTER 2 7 2 3 2. Bids, offers and orders pertaining the order, regulating the handling of to sale or purchase of materials in § 1136.8,.and the plant of a college or and supplies. milk in the Great Basin marketing area. university, from which during the month 3. Materials and supplies received and The public hearing is for the purpose there is disposed of on routes fluid milk issued. of receiving evidence with respect to the products, including inter-order transfers, G—Insurance, taxes and claims: economic and marketing conditions equal to not less than 50 percent of the 1. Insurance records. which relate to the proposed amend receipts during the month at such plant 2. Tax records. ments, hereinafter set forth, and any ap of producer milk, producer milk diverted 3. Claims records. propriate modifications thereof, to the H—Shipping and agency documents: therefrom by the plant operator and re 1. Bills of lading and releases. tentative marketing agreement and to ceipts at the plant of fluid milk products 2. Freight waybills and freigh t bills. the order. from plants described pursuant to para 3. Freight records and reports. The proposal relative to a redefinition graph (b) of this section, and there are 4. Agents’ remittance slips and bank of the marketing area raises the issue disposed of on routes in the marketing deposit slips. whether the provisions of the present area fluid milk products equal to not less 5. Agents’ balance sheets. order would tend to effectuate the de than 15 percent of the total fluid milk 6. Miscellaneous records pertaining to clared policy of the Act, if they are ap product disposition from the plant on agents’ accounts. 7. Instructions to agents and repre plied to the marketing area as proposed routes. If any cooperative association sentatives. to be redefined and, if not, what modifica operating a pool plant pursuant to this 8. Information to the public. tions of the provisions of the order would paragraph causes producer milk to be de 9. Other agency records. be appropriate. livered to a pool plant pursuant to this I—Tariffs and rates: The proposed amendments, set forth paragraph operated by another handler, 1. Tariffs and classifications—orig below, have not received the approval of such producer milk shall be included for inals. the Secretary of Agriculture. the computations made pursuant to this 2. Tariffs and classifications—dupli cates. Proposed by Federated Dairy Farms, paragraph for the cooperative associa 3. Special or reduced-rate orders. Inc., and Hi-Land Dairymen’s Associa tion’s pool plant along with the receipts 4. Requests and receipts for tariffs and tion: of producer milk at such cooperative as classifications. Proposal No. 1. Revise § 1136.6 to sociation’s pool plant, and the quantity 5. Concurrences and powers of attor read as follows : of such milk calculated as Class I milk ney. pursuant to § 1136.22(h) shall be in 6. Written requests for quotations an § 1136.6 Great Basin marketing area. cluded for such computations along with copies of quotations. “Great Basin marketing area,” here the fluid milk products disposed of on 7. Correspondence and working pape: in connection w ith tariffs. inafter called the “marketing area,” routes from such cooperative association’s J—-Reports and related statistics : means all territory, including all govern plant. If such a cooperative association 1. Annual reports to regulatory bodie ment reservations and installations and operates more than one pool plant pur 2. Quarterly reports to regulatoi all municipalities, within the counties of suant to this paragraph, such producer bodies. Box Elder, Cache, Davis, Morgan, Rich, milk and Class I milk shall be included in 3. Annual reports or statements t Salt Lake, Tooele, Utah, Wasatch, Weber, the computation for whichever plant the stockholders. Summit, Grand, Daggett, Duchesne, Car cooperative association requests in writ 4. Accountants’ and auditors’ reports. 5. Accident reports. bon, Sanpete, Jaub, Millard, Sevier, ing to the market administrator. If no 6. Other financial and statistic: Uintah, and Emery in the State of Utah; such written request is made, such pro statements. the counties of Bear Lake, Franklin, and ducer milk and Class I milk shall be pro 7. Tabulating cards, tapes and oth< Oneida in the State of Idaho; the coun rated among the plants. If a handler media. ties of Elko and White Pine in the State operates more than one approved plant, & Miscellaneous : of Nevada; the county of Lincoln and the combined receipts and disposition of 1. Correspondence relating to record the town of Evanston in Uinta County, in any of such plants may be used as the 2. Duplicate copies of records. the State of Wyoming. 3. Authorizations and certificates f( basis for qualifying the respective plants destruction of records. Proposal No. 2. Amend § 1136.7 to pursuant to the preceding computations 4. Organization manuals. provide that a “producer” shall not in specified in this paragraph if the handler in writing so requests the market admin [P-R. Doc. 65-2057; Filed, Mar. 2, 1965; clude any person with respect to milk 8:45 a.m.] which is fully subject to pricing and pool istrator. Any approved plant from ing under Part 1137 of this Chapter, reg which the total route disposition of fluid ulating the handling of milk in the East milk products is to individuals or institu ern Colorado marketing area. tions for charitable purposes and is with department o f agriculture Proposal No. 3. Revoke §§ 1136.8 and out remuneration from such individuals 1136.60. or institutions shall not qualify as a pool Consumer and Marketing Service Proposal No. 4. Revise § 1136.10 to plant pursuant to this paragraph. 17 CFR Part 1136 1 read as follows: * * * * * § 1136.10 Approved plant. Proposal No. 6. Further amend [Docket No. AO-309-A6] § 1136.11(a) to provide that the operator milk in g r e a t b a s in m a r k e t in g “Approved plant” means a plant from of a pool plant, may, upon application AREA which milk is accepted as qualified for to the market administrator, have geo distribution for fluid consumption by a graphically separated operations under Clearing on Prop os marketing area health authority or an his sole control, used primarily in the Amendments to Tentative Mark agency of the United Stàtes Government storage and distribution of his fluid milk 9 Agreement and Order and (a) in which milk or milk products products, be considered as part of his are processed or packaged and from pool plant. which any fluid milk product is disposed ciU tS^ÌkeW r0I ÌSÌOnS ° f th e A{ Proposal No. 7. Revise § 1136.13 ~(a) 1937 as S S Agreement Act of during the month on routes in the and (b) to read as follows: marketing area, or (b) in which milk is and the aoniirahi (7 F 'S C- 601 e* se §1136.13 Producer milk. ProcedureP£ ^ bl-e nües of Practice s received or processed and from which * * * * * M arketing the formulation milk or skim milk is shipped during the ders (7 CFrf J^en?e*1t,s and marketing month to a plant described in paragraph (a) Received from producers at a * * « % & £ ? £ & notiM * her (a) of this section. pool plant but not including producers Proposal No. 5. Revise § 1136.11(a) to for which another person is the handler Temple ¡mH x r ! ," ™ 5' ’ oecu o n c ,1 read as follows : pursuant to § 1136.9(c): Provided, That Lake City uSh i! Temple Streets* milk received at a pool plant by diver Jocal tim ’ ™ ™bel mning at 9:30 ; §1136.11 Pool plant. sion from a plant at which such milk spect to nrnnoM^rCh 23, 1965, witt] ***** would be fully subject to pricing and tentative m arko? amendments to (a) An approved plant, except the marketing agreement an pooling under the terms and provisions of plant of a producer-handler as described Part 1137 of this chapter, regulating the 2724 PROPOSED RULE MAKING handling of milk in the Eastern Colorado paragraph (1 ) of this paragraph to read plants 'of other handlers (except when marketing area, shall not be producer as follows: the preceding exception hereof applies, milk; § 1136.30 Reports of sources and utili the applicable percentage shall be two (b) Diverted by a handler (not as the zation. percent). operator of a nonpool plant) from a pool Proposal No. 15. Revoke § 1136.42(a) plant to a nonpool plant or to a receiving (a) On or before the seventh day after the end of each month,5 each handler (3)..3 -iv -5 _ ** facility not approved for handling milk Proposal No. 16. Amend § 1136.44 to for fluid consumption located at another shall file with the market administrator either (1 ) a report for each of his pool provide that other source milk received pool plant in an amount equal to not in the form of cottage cheese from pool more than the following: plants, or (2) a consolidated report cov ering all of his pool plants, in the detail plants of other handlers will be allo (1) For a handler pursuant to § 1136.9 cated immediately after the allocation (a) 25 percent of the producer milk re and on forms prescribed by the market administrator as follows: made at § 1136.44(a) (2) to any remain ceived from producers who are not mem ing Class n milk, and then to Class m bers of a cooperative association; or * * ♦' * * milk. (2) For a handler pursuant to § 1136.9 Proposal No. 11. Amend § 1136.41(a) Proposal No. 17. Revise § 1136.44(a) (a) or (b), 25 percent of the producer and (c) to provide that fluid milk prod (3) (iii) to read as follows: milk of members of such cooperative as ucts disposed of in bulk form to a candy sociation; Provided, That such diverted manufacturer who has no other use for § 1136,44 Allocation of skim milk and milk shall be accounted for as a receipt such products be classified as Class HI butterfat classified. of producer milk by the handler divert milk. * * * * * ing the milk. Proposal No. 12. Revise § 1136.41(b) (a) * * * (3) Two or. more cooperative associa to read as follows: (3) * * * tions may have their allowable diversions (iii) Receipts of fluid milk products computed on the basis of the combined § 1136.41 Classes o f utilization. from a producer-handler as defined deliveries of milk by their member-pro * * * * * under this or any other Federal order or ducers if each association has filed such (b) Class II milk. Class II milk shall from a plant described in the last sen a request in writing with the market ad be all skim milk and butterfat used to tence of § 1136.11 (a); ministrator on or before the first day of produce cottage, cream, pot, or baker’s * * * + * the month the agreement is effective. cheese or similar soft curd cheese or sour This request shall specify the basis for cream.. Proposal No. 18. Amend § 1136.44(a) assigning over-diverted milk to the pro by renumbering subparagraph (8) of this ducer members of each cooperative ac Proposal No. 13. Amend § 1136.41(c) paragraph as subparagraph (6) and re cording to a method approved by the (3) and (4) to indicate that skim milk in numbering subparagraphs (6) and (7) as only fluid milk products which are dis subparagraphs (7) and (8), respectively. market administrator; and posed of for livestock feed or dumped are Proposal No. 19. Add a new section, * * * * *to be classified as Class HI milk. § 1136.88, to provide that amounts owed Proposal No. 8. Revise § 1136.14(b) to Proposal No. 14. Revise § 1136.41(c) by any handler to the market adminis read as follows: (5) to read as follows: trator pursuant to §§ 1136.82, 1136.84, §1136.14 Other source milk. § 1136.41 Classes of utilization. 1136.85 or 1136.86, which remain unpaid * * ♦ • * . ♦ . ■ on the first day of the month following * * * * * their due date, shall at that time accrue (b) Products, other than fluid milk (C) * * * an additional charge equal to 0.5 percent products, from any source (including (5) In shrinkage of skim milk and of the overdue balance. those produced at the plant) which are butterfat, respectively, computed sep P rn n n sed bv Heber Valley Milk Coifl- reprocessed or converted to another arately for each plant, or for all plants Jb/CHXJJ . _ product in the plant during the month. of a handler, assigned pursuant to Proposal No. 20. Revoke § 1136.85. Any such products which are purchased § 1136.45(b) (1), but not to exceed the Proposed by Dairy Division, Consumer or received and cannot be accounted for following: and Marketing Service: . as used or disposed of will be deemed to (i) Two percent of producer milk (ex Proposal No. 21. Make such changes have been reprocessed or converted to cept diverted milk); plus _ as may be necessary to make the entire another product. (ii) One and one-half percent of milk marketing agreement and the order con Proposal No. 9. Revise § 1136.15 to received in bulk tank lots from other pool form with any amendments thereto vast read as follows: plants, plus may result from this hearing. (iii) One and one-half percent of milk Copies of this notice of hearing ana uw §1136.15 Fluid milk products. received from a cooperative association order may be procured from the Mar*® “Fluid milk products” means milk, which is the handler for such milk pur Administrator, John B. Hosënbury, w skim milk, buttermilk, flavored milk, suant to 1136.9(c) (except that if the South 11th East, Salt Lake City, utan, handler operating the pool plant files 84105, or from the Hearing Clerk, booh* flavored milk drinks, concentrated milk notice with the market administrator 112-A, Administration Building, Unite (fresh or frozen) fortified milk or skim that he is purchasing such milk on the States Department of Agriculture, Wasn milk, reconstituted milk or skim milk, or basis of farm weights, the applicable per ington, D.C„ 20250, or may be any mixture in fluid form of milk, skim centage shall be two percent); plus inspected. milk and cream (except ice cream, ice (iv) One and one-half percent of re Signed at Washington, D.C., on Feb cream mix, eggnog, aerated cream, evap ceipts of fluid milk products in bulk from unregulated supply plants, exclusive of ruary 26,1965. orated or condensed milk (plain or C larence H. G irard, sweetened), and sterilized products in the quantity for which Class II or Class Deputy Administrator, hermetically sealed containers). i n utilization was requested by the han Regulatory Programs- dler; less Proposal No. 10. Revise the introduc (v) One and one-half percent of milk [F M. Doc. 65-2212; Piled, Max. 2, 19 ’ tory text of § 1136.30(a) preceding sub disposed of in bulk tank lots to pool 8:48 a.m.] m Notices or equipment in conformity with appli F lag of Registry, Name of Sh ip—C ontinued DEPARTMENT OF THE INTERIOR cable regulations and statutory authority Gross and subject to availability of allotted British—Continued tonnage Fish and Wildlife Service funds. D a ir e n ______4,939 ISLAND MANAGERS, PRIBILOF East Breeze______.______8, 708 (National Park Service Order No. 14 (19 Eastfortune ______[_'__ 8, 789 ISLANDS F.B. 8824), as amended; 39 Stat. 535, 16 Eirini ______7,402 U.S.C., sec. 2; Southeast Region Order No. 3 F o r m e n to r ______8,424 Redelegation of Authority To Issue (21F.R. 1493)) Free Enterprise—______6, 807 Landing Permits Dated: January 25,1965. Free Merchant______5,237 »»Garthdale (now Jeb Lee—Brit On page 4075 of the Thursday, May 11, B ernard T . C am pbell, ish fla g )______7, 542 1961, issue of the F ederal R egister there Superintendent, Grosvenor Mariner______7, 026 were published delegations of authority Hot Springs National Park. Hazelm oor ______7,907 regulations based on the authority of the Helka — — — — ______2, 111 Director, Bureau of Commercial Fisheries [F.R. Doc. 65-21-71; Filed, Mar. 2, 1965; Hemisphere ______8, 718 8:46 a.m.] Ho F un g______— 7,121 to issue such regulations. These regula I n c h s ta ffa ____;______5, 255 tions are hereby amended to provide for »»Ivy Fair (now Cosmo Trader— the redelegation of authority to the Is B ritish fla g )______7, 201 land Managers, Pribilof Islands, to issue DEPARTMENT OF COMMERCE * * Jeb Lee (trip to Cuba under ex landing permits. name, Garthdale—British flag). Maritime Administration K inross ______— _____ 5, 388 Series 2000—A dministration [Report No. 51] * »Kirriemoor (now Jhelum—Paki TITLE 2500— PROPERTY UTILIZATION stani flag)______5,923 LIST OF FREE WORLD AND POLISH La Hortensia______9,486 CHAPTER 2510— DELEGATION OF AUTHORITY Linkm oor ______8, 236 FLAG VESSELS ARRIVING IN CUBA M a g is te r ______, _____ 2,339 2511.2 General Delegation. SINCE JANUARY 1, 1963 Maratha Enterprise______7,166 Nancy D ee______6, 597 S ection 1. The Maritime Administra H. Issuance of Permits. The Deputy »Nebula ______8, 924 tion is making available to the appropri N e w d e n e _.______- __ 7,181 Director, Assistant Director for Adminis ate Departments the following list of N e w fo r e s t______7,185 tration, Assistant Director for Resource vessels which have arrived in Cuba since N ew g a te______6, 743 Development, and the Regional Director, January 1, 1963, based on Information N e w g la d e ______7,368 Region 1, Seattle, Wash., may issue per received through February 23, 1965, ex N ew grove______7,172 mits to Federal or State organizations, clusive of those vessels that called at N e w h e a th ______5, 891 common carriers and individuals for Cuba on United States Government- N ew hill ——______7,855 landing and remaining on the Pribilof N ew la n e______- _____ 7,043 approved noncommercial voyages and N ew m ead ow ______5, 654 Islands and to individuals to kill, capture, those listed in section 2. Pursuant to Newm oat ______7,151 transport, import, offer for sale, or pos established United States Government O cea n tra m p ______, 6,185 sess fur seals or fur seal skins in accord policy, the listed vessels are ineligible to Oceantravel______._____ 10,477 ance with the Fur Seal Act of February carry United States Government- P e o n y ______9,037 26, 1944 (58 Stat. 100, 16 USC secs. 631, R ed b rook ______.______7,388 et seq.). financed cargoes from the United States. R u thy A nn______7,361 2511.3 Redelegation. F lag of R egistry and Name of Sh ip * *St. Antonio (now Maltese flag). Sandsend ______7, 236 * * * * * Gross tonnage Santa Granda_.______7,229 Sea Am ber______. 10,421 D. The authority granted in 2511.2H— Total, all flags (237 ships) 1,641,146 ¡¡“2?°$® of Permits, may be redelegated Sea Coral_i.______10,421 Sea Empress-______!______10,074 «He* eJ^,epu^y Regional Director, the As- British (77 ships) — ------568,106 S h ie n fo o n ______7,127 jjwnt Reglona! Director for Administra- Shun F u n g______7,148 M»m™,T,Program Director, Marine * »Amalia (now Maltese flag). Soclyve ______; 7,291 Mamma,1 Resources, Region 1 , and the *»Amazon River (now River—sold * »Southgate (previous trips to aSftPif* r^Peetively, of St. Paul Island to D utch breakers)______7, 234 Cuba Under ex-name, Arlington ana st. George Island, Pribilof Islands. A n ta rctica ______8,785 Court—British flag)------9,662 A r d e n o d e ______7,036 Stanw ear ______8,108 H . E . C row ther, Ardgem ______.______6,981 Suva Breeze______4,970 Acting Director, A r d m o r e _:______4,664 Swift River______7, 251 Bureau of Commercial Fisheries. Ardpatrick ______7,054 » »Thames Breeze______7, 878 Ardrowan ______7,300 »»Timios Stavros (now Maltese February 25,1965. A r d s ir o d ______.______7,025 flag—Previous trips to Cuba Ardtara ______5, 795 IP,R- Doc- 65-2178; Filed, Mar. 2, 1965; under Greek fla g )______5,269 8:47 a.m.] * »Arlington Court (now South- Venice ______8, 611 gate—British flag). Vercharmian ______7, 265 A thelcrown (T an k er)______11,149 V e r g m o n t______7,381 National Park Service Athelduke (Tanker) ______9,089 West Breeze______„__ 8, 718 Athelmere (Tanker)______— 7,524 Y u n g fu ta ry ______5, 388 [Order 1 ] Athelmonarch (Tanker)______11,182 Yunglutaton ______5, 414 Athelsultan (Tanker)______9,149 Zela M______7, 237 M?ASADni!ENT ASS|STANT; Al A visfaith ______7,868 B a x te r g a te ______8,813 Lebanese (58 ships)______388,660 As P0ST n a t io n a l m e m o Canuk Trader_____;______7,151 Del*9Jf ° n °< Authority Reg. * »Chipbee (now Stanwood—Libe Agia Sophia------3,106 rian fla g )______7, 271 Aiolos II______7, 256 cution of Contracts for Sui * »Cosmo Trader (trips to Cuba Ais Giannis______6,997 Equipment or Services under ex-name, Ivy Fair—Brit A k a m a s ______7. 285 ish fla g ). Al A m in______7,186 agem^ / 1 Assistant- The * »Ships appearing on the list that have Alaska ______6, 989 orders nntAfS1Stant may issue pu been scrapped or have had changes in name »Added to Report No. 50, appearing in the not in excess of $300 for si and/or flag of registry. Federal Register issue of February 17, 1965. 2725 2726 NOTICES F l a g o p R e g i s t r y , N a m e o f S h i p — C ontinued F l a g of R e g i s t r y , N a m e of S h i p —Continued F l a g of R e g i s t r y , N a m e of S h i p —Continued Gross Gross Gross Lebanese—Continued tonnage Greek—Continued tonnage tonnage A n th a s ______7,044 Istros n ______— ______„ 7,275 Moroccan (5 ships)______35,828 A n t o n is ______6,259 Kapetan Kostls______5,032 Ares ______4, 557 Kyra Hariklia______6,888 A tla s______— ______10,392 A r e ti______7,176 Maria Theresa______- 7, 245 Banora _.____ '_— ______t______3,214 A r is te f s ______6,995 M a rig o ______7,147 M arrakech _ -___——______¿___ 10,392 A s tir ______5, 324 M arou d io______*______7,369 Mauritanie .______— ______3,082 A th a m a s ______4,729 Mastro-Stelios II______- ______7, 282 Toubkal______—___- ___ 8,748 C a r n a tio n ______4, 884 * »Nicolaos F. (previous trip to ** Christos (trip to Cuba under Cuba under ex-name, Nicolaos Finnish (3 ships)______25,610 ex-nam e, P am it— Greek flag). Frangistas—Greek flag). Claire ______5,411 •»Nicolaos Frangistas (now Nico- Augusta Paulin ______]___ 7,096 Gris ______6,032 laos F.—Greek flag)______7,199 »»Hermia (trip to Cuba under ex D im os ______7,187 »»Pamit (now Christos—Lebanese name Amfred—Swedish flag). Free Trader______7,067 flag)______.______.______. 3,929 Ragni Paulin ______i__ 6,823 Giorgos Tsakiroglou______- 7,240 Pantan assa ______7,131 Valny (T an k er)______11,691 G ra n ik o s______— 7, 282 Paxoi —______7,144 Ilena ______5,925 »»Penelope (now Andromachi— Maltese (3 ships) ______21,164 Ioann is Aspiotis—______— 7,297 Greek flag). Kalliopi D. Lemos______5,103 * »Plate Trader (trip to Cuba »»Amalia (previous trips to Cuba K a te r in a ______9,357 under ex-name, Stylianos N. under British flag)______7,304 L e ft r ic ______I______7,176 Vlassopulos—Greek flag). I s p a h a n ______.______7,156 M alou ______7,145 * »Presvia (broken u p ) ______,_____ 10,820 **St. Antonio (previous trip to M a n tr ic ______- 7, 255 P ropontis ______- ______7,128 Cuba under British flag)______6,704 Maria Renee______- ______7,203 Redestos -,______5s 911 * »Timios Stavros (trips to Cuba Marichristina______7,124 »•Seirios (broken up)_—___ _ 7,239 under British flag and Greek M arym ark______4,383 Sophia - ______7,030 flag). ' ' ' _____ M e r s in id i__ -_.______6, 782 * »Stylianos N. Vlassopulos (now M im o s a ______, _____ :______7,314 Plate Trader—Greek flag)_____ 7, 244 Swedish (3 ships) ______17,123 M ousse ______6,984 »»Timios Stavros (formerly Brit N ictric ______7,296 ish flag—now Maltese flag) / »»Amfred (now Hermia—Finnish N oelle ______—______7,251 T ina — ______- _____ ;______— 7,362 fla g )______2,828 N oem i ______7,070 Western Trader--______9,268 * »Atlantic Friend (now Atlantic Olga ______'____ 7,199 Venture—Liberian flag)._____ 7,805 P a n a g o s______7,133 P olish (16 sh ip s )______— ------112,779 Dagmar______6.490 Parm arina ______6,721 »»Razanl (broken up)- ______7,253 B a lt y k ______— 6,963 Netherlands (2 ships)______— 999 •R eneka ______7,250 B ia ly sto k ______7,173 R i o ______7,194 Bytom ______j 5,967 M e ik e ______5®® S t. A nthony______5,349 C h o p in ______- ______6, 987 Tem po — - ______- ...... 499 St. Nicolas______7,165 Chorzow_.______:_____—______7,237 San George______— 7,267 Huta Florian______7,258 Norwegian (2 ships).____- — ------10,002 San John j _____5,172 Huta Labedy-— ...... — 7,221 San Spyridon.______7,260 H u ta Ostrowiec______- 7,175 Ole B ratt...... —— ______- 5,252 Stevo ______7,066 H uta Zgoda_- ______- — — 6, 840 * »Tine (now Jezreel—Panamanian T a x ia r h is __ ._— ______7,349 Kopalnia Bobrek______- 7,221 fla g )...... - 4«750 T e r tr ic ______7,045 Kopalnia Czeladz.------— ______7,252 Theodoros Lemos ------___------7,198 K opalnia M iechpwice_____.______7,223 Cypriot (1 ship) : T h e o lo g o s__ :______6, 529 Kopalnia Slemianowice______7,165 Adelphos Petrakis—------”» T o u la ___.______- ______. 4, 561 Kopalnia Wujek______7,033 Troyan ______7,243 P iast______3,184 Israeli (1 ship) : V assiliki ______7,192 Transportowiec______10,880D a n ie la _____ 908 Vastric - ____ .__— ______6,453 Vergolivada ______6,339 Italian (13 ships)______104, 492 Kuwaiti (1 ship): 1,392 Yanxilas ______10,051 M a h a ______A c h ille ______— i — 6,950 Greek (39 ships)-:______280,632 Agostino Bertani______8,380 Nationalist Chinese: Andrea Costa (Tanker)------10,440 * »Chen Chang (trip to Cuba under Agios Therapon______- 5,617 A sp r o m o n te______7,154 ex-name, Somalia—Italian flag). Akastos - ______;______7,331 Giuseppe Qiulietti (Tanker)—— 17,519 Alice ______7,189 Mariasusanna ______- - 2,479 Liberian: . »»Ambassade (sold Hong Kong M o n tiron ______1,595 * »Atlantic Venture (trip to Cuba shipbreakers) ------______8,600 N a za ren o ______.____ . 7,173 fthder ex-name, Atlantic Americana —______7,104 N ino B ixio...... — 8, 427 Friend—Swedish flag). A n a creo n -___- ______— 7,359 San Francesco______— 9,284 »»Stanwood (trips to Cuba under A natoli - ______7,178 San Nicola (Tanker)______- __- 12,461 ex-name, C h i p b e e — British * * Andromachi (previous trips to Santa Lucia______- 9,278 flag). Cuba under ex-name, Pe * »Somalia (now Chen Chang— Panamanian: nelope—Greek flag).______6,712 Nationalist Chinese flag)______3,352 * »Jezreel (trip to Cuba under ex A n t o n ia ______5,171 A p o llo n ______[ 9, 744 Yugoslav (7 ships)—______49,926 name, Tine—Norwegian flag). A r m a th ia ______\_- 7,091 P ak istan i: Athanassios K ______- 7,216 Bar______- 7,233 » * Jhelum (trip to Cuba under ex B a r b a r in o ______*------7,084 Ç avtat_- ______.___ — 7,266 name, Kirriemoor—British flag) • Calliopi Michalos______7,249 C etinje ______- _____ ;__ 7 ,2 0 0 Capetan Petros.______— 7,291 D ugl O tok______- ____ 6,997 Sec. 2. In accordance with appr° ^ * * Embassy (broken up ) ______- 8,418 M ojkovac ______7,125 procedures, the vessels listed below w Everest ______- ______7,031 Prom ina ______6,960 called at Cuba after January 1. ' Flora M______i______7, 244 * »Trebisnjica (wrecked)______7,145 »♦Gloria (now Helen—Greek have reacquired eligibility to f l a g ) __- ___- ____ ,______,______7,128 United States Government-financed * »Helen (trip to Cuba under ex F rench (6 sh ip s )______- ____ _ 16, 391 goes from the United States by vir nam e, Gloria^—Greek fla g ). the persons who control the vesse Irena ______7,232 C irce______;______2, 874 ing given satisfactory certificatio »Added to Report No. 50, appearing in the E nee______1,232 F o u la y a ______—t______8, 739 F e d e r a l R e g i s t e r i s s u e o f February 17, 1965. assurance: thpnce- * »Ships appearing on the list that have M u n g o ______4,820 (a) That such vessels will n o t , one been scrapped or have had changes in name N elee______2, 874 forth, be employed in the Cuba tr and/or flag of registry. N e v e ______852 long as it remains the policy Wednesday, March 3, 1965 FEDERAL REGISTER 2 7 2 7 United States Government to discourage Number Nebraska_____ .______.______. 5224 such trade; and b. Previous reports: of ships Nevada ______■£______._.3357 (b) That no other vessels under their Flag of registry (total)------74 New Hampshire______.5262 control will thenceforth be employed in New Jersey______u______.3997 the Cuba trade, except as provided in B r itis h ______33 New M exico______._.6027 D anish ______S i ------1 New York______. 3810 paragraph (c) ; and F in n is h ______- __:______1 North Carolina______6344 (c) That vessels under their control F r e n c h ______1 North Dakota______5900 which are covered by contractual obliga German (W est).______1 O h io ______. 4907 tions, including charters, entered into G r e e k ______20 O k lah om a______5946 prior to December 16, 1963, requiring Italian .______— _— 5 O regon ___ .______:______, 4924 their employment in thë Cuba trade J a p a n e s e ______._____._—_ 1 Pennsylvania ______,______,___.4985 L e b a n e se ______.__— 1 Rhode Island__ ._!_____l ______5015 shall be withdrawn from such trade at Norwegian ______— 4 South Carolina______6667 the earliest opportunity consistent with S p a n is h ______—___6 South Dakota______- .5953 such contractual obligations. T e n n e s se e ______;______.6403 S ec. 3. The ships listed in sections 1 T e x a s ______5724 F lag o f R e g i s t r y a n d N a m e o f S h i p and 2 have made the following number of U t a h ______. 5652 V e r m o n t______*__,______;____.5682 a. Since last report: Gross trips to Cuba since January 1, 1963, Greek (1 sh ip ): tonnage based on information received through V ir g in ia ______5823 W a sh in g to n _____ , ______4845 Gallni ______7, 266 23, 1965: February West Virginia______;______. 6185 W isc o n sin ______5129 Number of trips W yom ing ______.4924 District of Columbia.______3333 Flag of registry 1964 1965 American Samoa______. 6667 1963 Total G u a m ______.6667 Puerto Rico______.6667 Jan .-June July-Sept. Oct. Nov. Dec. Jan. Feb. Virgin Islands______.6667 Britisb...... 133 100 49 14 8 8 8 3 323 Dated: February 8, 1965. Lebanese...... 64 49 30 3 4 5 • 7 2 164 Greek._ 99 16 9 1 1 1 127 [seal] F rancis K eppel, Italian...... 16 10 5 3 2 3 1 40 U.S. Commissioner of Education. Spanish...... 8 8 6 2 1 25 Norwegian...... 14 7 1 1 1 24 Approved: February 23, 1965. Moroccan____ _ 9 5 6 2 22 Yugoslav...... 12 4 5 2 23 Anthony J. Celebrezze, French...... 8 1 4 1 1 2 17 Swedish...... ! 3 2 1 6 Secretary of Health, Education, Finnish...... 1 1 2 4 and Welfare. Netherlands__ 1 1 2 4 Israeli______1 Ì 2 [F.R. Doc. 65-2201; FUed, Mar. 2, 1965; Kuwaiti______2 2 Cypriot...... 1 1 8:48 a.m.] Danish___ 1 1 German (West)’ 1 1 Japanese...... 1 1 Maltese...... 2 1 3 _ Subtotal- 370 203 121 25 19 24 21 7 790 FEDERAL COMMUNICATIONS Polish...... IS 9 3 1 1 2 2 1 37 Grand total. 388 212 124 26 20 26 23 8 . 827 COMMISSION rFCC 65-153] on^trip'toCuba^8^ ™ sec*ion exceed ship totals in Sections 1 and 2 because some of the ships made more than STANDARD BROADCAST APPLICA Dated: February 25,1965. TION READY AND AVAILABLE FOR PROCESSING By order of the Deputy Maritime Administrator. J ames S. D awson, Jr., F ebruary 25, 1965. Secretary. The application listed below is mu [F.R. Doc. 65-2202; Filed, Mar. 2,1965; 8:48 a.m.] tually exclusive with the application, File No. BR-851, of the licensee of Station WAMV, East St. Louis, 111., for renewal such funds as may be appropriated for of license. The proposal is for the identi department o f h ea lth, ed u the fiscal year ending June 30,1966: cal facilities of this Class IV station. A la b a m a ____ . 6667 Therefore, we have this date accepted cation, AND WELFARE Alaska ______.4185 the application for filing. Similarly, we will accept any other applications for Office of Education Arizona _____ .5533 A r k a n sa s____ .6667 consolidation which meet the require allotm ents t o s t a t e s f o r p u b li C alifornia ___. .3899 ments of our rules which govern the ac C o lo r a d o ___ .. .4877 ceptance of applications. COMMUNITY COLLEGES AND PUE Connecticut _. .3497 tit, JECHNiCAL INSTITUTES UNDE Delaware ____ .3333 [New] East St. Louis, 111. F lo r id a ______.5665 East St. Louis Broadcasting Co., Inc. rin f,i0F HIGHER EDUCATION Ffi Req: 1490 kc, 250 w, 1 kw-lS, U CILITIES ACT OF 1963 G e o r g ia _____ . 6291 H a w a ii______.4909 Accordingly, notice is hereby given that Idaho ______.6010 Promulgation of Allotment Ratios Illin ois ____ _ the above application is accepted for fil .3980 ing and that on April 7, 1965, the applica 0 103 Indiana ____ .5006 E d u S n ^V .^f.tion of the High« I o w a ______. .5358 tion will be considered as ready and Law 8 Act of 1963» Publ K ansas ______.5334 available for processing, and pursuant to of the avo5 ^ ®tat. 363, and on the has K entucky ___. .6374 §§ 1.227(b) (1) and 1.591(b) of the Com son of the S f? °f *5 e .incomes Per Pei Louisiana ___. . 6406 mission’s rules, an application, in order to the threp 5 taÌeS and of a11 the States fc M aine ______. 5883 be considered with this application, or dar years t S t ^ c^nt consecutive caler Maryland ___ .4386 Massachusetts with any other application on file by the .4179 close of business on April 6, 1965, which merceavailable from th.ethphn DePartment atlSff Ctory ofdata Con a] M ich igan ____ .4915 M in n eso ta ___ .5265 involves a conflict necessitating a hearing the state« °U0Wing allotment ratios ft M ississippi __. .6667 with this application, must be substan effective with^ 6 hereby Promulgate^ M issouri ____ .4920 tially complete and tendered for filing at Ve with respect to the allotment < M ontana ____ .5514 the offices of the Commission in Wash- 2728 NOTICES ington, D.C., by whichever date is ear 826 F. 2d 673, 1 RR 2d 2061 (1963) and cation be designated for hearing in a lier: (a) The close of business on April the Commission’s subsequent acceptance consolidated proceeding with the WINA 6, 1965; or (b) the earlier effective cut of its application for filing (the Com application. As grounds for the request, off date which this application or any mission’s Order, FCC 64-433, released WINA noted that its application, when other conflicting application may have by May 14, 1964), the WBXM Broadcasting filed, complied with the Note to § 1.571 virtue of conflicts necessitating a hear application is entitled to a comparative of the Commission’s rules as in force ing with applications appearing on pre hearing under the case of Ashbaeker prior to July 1, 1964, which set forth the vious lists. Radio Corp. v. F.C.C., 326 U.S. 327 (1945) interim criteria governing the acceptance The attention of any party in interest with the mutually exclusive WINA ap of standard broadcast applications dur desiring to file pleadings concerning the plication. WBXM Broadcasting Com ing the AM “freeze”. This included the above application pursuant to section pany, Inc., as a competing applicant, has requisite showing as to “white area” 309(d) (1) of the Communications Act the status of a “party in interest” en coverage. WINA contends that a grant of 1934, as amended, is directed to § 1.580 titled to file a pre-grant petition pur of the WELK application prior to a grant (i) of the Commission’s rules for the pro suant to section 309(d) of the Communi of the WINA application would affect the visions governing the time of filing and cations Act of 1934, as amended, and “white area” status of certain portions of other requirements relating to such § 1.580 (i) of the Commission’s rules. the coverage area proposed to be served pleadings. 3. In the petition to deny, WBXM by the WINA application. Such grant, Adopted: February 24,1965. Broadcasting requests that the WINA ap WINA contends, would deprive WINA of plication be designated for hearing on its right to comparative consideration F ederal C ommunications appropriate issues arising out of the ob with the WELK application under the C o m m is s io n , jections raised in the petition. WBXM Ashbaeker doctrine.1 T h e Virginia [ seal] B e n F . W aple, Broadcasting alleges that the WINA pro Broadcasting Company filed a letter in Secretary. posal is an inefficient use of the frequency opposition to the WINA request. It has [F.R. Doc. 65-2173; Filed, Mar. 2, 1965; in violation of Note (b) to § 73.24 of the been the Commission’s long-standing po 8:46 a.m .] Commission’s rules. The WINA appli sition that it is not required to maintain cation indicates that the proposal will the status quo with respect to all facts [Dockets Nos. 15861, 15862; FCC 65-147] have -a nighttime limitation of 31.6 which may be relevant to a determination mv/m resulting in a population loss of on a pending application and upon which CHARLOTTESVILLE BROADCASTING approximately 28 percent and an area an applicant may rely in support of a CORP. (WINA) AND WBXM BROAD loss of approximately 91.5 percent within grant of its application. Mansfield CASTING CO., INC. its normally protected nighttime con Journal Co., et al., 4 R.R. 129, 132-133 tour. The Commission has considered (1948), aff’d, Mansfield Journal Co. v. Memorandum Opinion, and Order the contentions of the parties as well as F.C.C. 84 U.S. App. D.C. 341, 173 F. 2d Designating Applications for Con the WINA proposal and is of the opinion 646, 4 R E. 2123 (1949); Malrite Broad solidated Hearing on Stated Issues that a substantial and material question casting Co., 18 R.R. 589 (1959); Greater exists as to whether the proposal is an Minnesota Broadcasting Co., 1 R.R. 2d 21 In re applications of Charlottesville efficient use of the frequency as required (1963). This is especially true in cases Broadcasting Corporation (WI^iA), by Note (b) to § 73.24 of the Commis where considerations under section 307 Charlottesville, Va., Docket No. 15861, sion’s rules. Accordingly, an issue will (b) of the Act are involved. Big Sioux File No. BP-15768, has: 1400 kc, 250 w, be specified to determine whether the Broadcasting Co., 3 R.R. 1407 (1947); 1 kw-LS, U, Class IV; requests: 1070 kc, WINA proposal would be consistent with Seaside Broadcasting Co., 3 R.R. 655 5 kw, DA-N, U, Class II; WBXM Broad Note (b) to § 73.24 of the Commission’s (1946); Central Michigan Radio Corp., casting Company, Inc., Springfield, Va., rules. 3 R.R. 735 (1947); WKAP, Inc. (WKAP), Docket No. 15862, File No. BP-15808, re 4. In view of the substantial geo 6 R.R. 814, 817-818 (1950) ; Easton Pub quests: 1070 kc, 5 kw, D, Class II; for graphic separation (approximately 80 lishing Co., 9 R.R. 887, 890 (1953)2 Cofey construction permits. miles) of the proposed station locations and Oswalt, 19 R.R. 12 (1959). The Ash- 1. The Commission has before it for specified in the above-captioned appli backer case certainly did not hold that consideration (a) the above-captioned cations, a clear choice may be made an applicant is denied a hearing on its and described applications; (b) a “Peti under section 307(b) of the Communica application whenever, during the pen tion to Deny” filed on September 3, 1963, tions Act of 1934, as amended, assuming dency of that application, the Commis by WBXM Broadcasting Company, Inc. the chosen applicant is legally, techni sion takes action otherwise within its (hereinafter referred to as WBXM cally, financially and otherwise qualified. authority, one of the consequences of Broadcasting); and (c) an “Opposition Therefore, as requested by WBXM which may be to diminish the probabili to the Petition to Deny”, filed on Sep Broadcasting, an issue will be specified ties in favor of a grant of the pending tember 13, 1963, by Charlottesville to determine, in the light of section 307 application. The Commission is aware Broadcasting Corporation (hereinafter (b) of the Act, which of the proposals of the fact that, as a practical matter, a referred to as WINA). The Commission would better provide a fair, efficient and grant of the WELK application prior to also has before it for consideration a equitable distribution of radio service. a decision in this proceeding might tena letter, filed on July 31, 1963, by WINA 5. The Commission finds that, except to weaken WINA’s competitive position which relates to the Virginia Broad as indicated above, there are no other vis-a-vis the WBXM Broadcasting ap casting Company application, File No. material or substantial questions of fact plication in a section 307(b) hearing- BP-15949, and a letter in response to presented in the petition to deny, filed by This possible adverse effect, howeve, the WINA letter, filed on August 9, 1963, WBXM, which would warrant the speci by the Virginia Broadcasting Company, fication of issues in this proceeding. Ac 1 Ashbaeker Radio Corp. v. F.C.C. 326 VS. licensee of Station WELK, Charlottes cordingly, the petition to deny will be 327 (1945). matter was ville, Va. granted to the extent that the WINA 2 The Easton Publishing Co. matter 2. WBXM Broadcasting Company, application will be designated for hearing involved in an appeal to the United Inc. requests that consideration of the in a consolidated proceeding with the Court of Appeals for the District of co ti0I1 question of standing to file its petition WBXM Broadcasting application speci Circuit, Allentown Broadcasting Corp be deferred until the decision is rendered fying, among other issues, a § 73.24 (Note V. F.C.C., 94 US. App. D.C. 353, 222 10 R.R. 2086, in which the Courtrev“ lved. by the Court of Appeals for the District (b)) issue as to the WINA proposal and Commission on grounds not here l . of Columbia Circuit in its appeal of the a section 307(b) issue. In that case, the appellant con ten ^ Commission’s Order (FCC 62-1052, 24 6. The Commission also has before it grants of applications proposing ope RR 1540) returning the WBXM Broad the letter, filed on July 31,1963 by WINA, in the same city in which the appe casting application, WINA, in its oppo requesting that consideration of the ap posed to operate (Allentown, t to sition to the petition to deny, claims that plication, File No. BP-15949, of the Vir l-mrilad prejudicednrftludiced its position Withwith ir P . WBXM Broadcasting lacks the requisite ginia Broadcasting Company (Station ¡07(b) considerations. In disposiLo - ,^e tnd other contentions the Court staa ,vanCed standing to file its petition. However, in WELK, Charlottesville, Va.) be deferred lave considered other contentions merit.l‘ view of the decision of the U.S. Court of until the Commission has had an oppor ay>y appellantappeua.ui, andauu findmiu. them witno - „„ ^ Appeals for the District of Columbia tunity to grant the WINA application or, Bee 94 U.S. App.___ TM-, D.C. os* 353, RfiO: 360; 22 22 F- F.M Circuit in the case of Kessler v. F.C.C., in the alternative, that the WELK appli 788: 10 R.R. 2086, 2094, Wednesday, March 3, 1965 FEDERAL REGISTER 2 7 2 9 does not of itself confer the right to con ductivity over short paths, as herein stances exist which would warrant a solidation under the Ashbacker doctrine. involved, the applicant will be required waiver of said section. It should also be noted that there is no to submit field intensity measurement 4. To determine whether the proposed electrical interference between the WINA data made from the proposed antenna nighttime limitation contour of Char and WELK proposals. Based on existing site in a direction towards the city so lottesville Broadcasting Corporation Commission precedent, the Commission that a determination can be made as to (WINA) would adequately serve the cen is of the view that WINA does not have whether or not the proposed operation ter of population of the city in which the a right to a comparative hearing with would provide adequate coverage to the studio is located as required by § 73.188 the WELK application. The Commis city as required by § 73.188 (a) (1) and (a) (1) of the Commission’s rules and, sion is not required to defer considera (b)(1) of the Commission’s rules. if not, whether circumstances exist which tion of the WELK application until a c. WBXM Broadcasting Company, would warrant a waiver of said section. determination is made in the proceeding Inc., in its application, indicates that, on 5. To determine whether the proposed ordered below. Accordingly .-the WELK the basis of Figure M-3 values of con operation of Charlottesville Broadcasting application will be processed in the nor ductivity, the proposal will comply with Corporation (WINA) would be consistent mal course of business pursuant to § 1.571 § 73.37 of the Commission’s rules in that with Note (b) to § 73.24 of the Commis of the Commission’s rules. there will be no overlap of the 2 mv/m sion’s rules and, if not, whether circum 7. It should be noted that, in the event contour of the proposed station with the stances exist which would warrant a of a grant of the WELK application, a 25 mv/m contour of Station WQMR, waiver of said section. reduction in WINA’s potential “white Silver Spring, Maryland. It is noted, 6. To determine whether overlap of the area” coverage would in no way alter however, that if the values of conductiv 2 and 25 mv/m contours would occur be WINA’s status under the Note to § 1.571 ity from the proposed antenna site to tween the proposal of WBXM Broadcast of the Commission’s Rules, as in force ward Station WQMR were slightly ing Company, Inc. and Station WQMR, prior to July 1, 1964, which set forth the greater than is indicated by Figure M-3, Silver Spring, Md. in contravention of interim criteria governing the acceptance the proposal would be in violation of § 73.37 of the Commission’s rules, and, if of standard broadcast applications dur- § 73.37 of the Commission’s rules. Since so, whether circumstances exist which ■ ing the AM “freeze”. The “freeze” cri Figure M-3 values of conductivity are would warrant a waiver of said section. teria established standards relating only not intended to accurately indicate the 7. To determine whether the proposal to the acceptance of applications. It conductivity over short paths, as herein of WBXM Broadcasting Company, Inc., did not alter or create the standards gov involved, the applicant will be required would cause objectionable interference to erning the processing of applications to submit field intensity measurement Station WKOK, Sunbury, Pa., or any once the applications were accepted for data made from the proposed antenna other existing standard broadcast sta filing. Once accepted for filing under site in a direction towards Station tions, and, if so, the nature and extent the “freeze” criteria, applications are WQMR to establish that the proposed thereof, the areas and populations af treated like any other applications pend 2 mv/m contour will not overlap the 25 fected thereby, and the availability of ing under the then existing rules. There mv/m contour of WQMR. other primary service to such areas and fore, on this basis, it cannot, be said that d. The WBXM Broadcasting Com populations. a grant of the WELK application would pany, Inc., proposal involves mutual co 8. To determine, in the light of section effectively preclude a grant of WINA’s channel interference with Station 307(b) of the Communications Act of application so as to entitle WINA to com WKOK, Sunbury, Pennsylvania. Ac 1934, as amended, which of the proposals parative consideration with WELK under cordingly, an appropriate issue will be would better provide a fair, efficient and the Ashbacker doctrine. In view of the specified and Sunbury Broadcasting Cor equitable distribution of radio service. existing Commission policy as outlined poration, the licensee of Station WKOK, 9. To determine, in the light of the above, the WINA request will be denied. will be made a party respondent to the evidence adduced pursuant to the fore 8. Except as indicated by the issues hearing proceeding. going issues which, if either, of the ap specified below, each of the above-cap 10. In view of the foregoing, the Com plications should be granted. tioned applicants is legally, technically, mission is unable to make the statutory It is further ordered, That, Sunbury nnancially, and otherwise qualified to finding that a grant of the subject ap Broadcasting Corporation, licensee of construct and operate as proposed. plications would serve the public in Station WKOK, Sunbury, Pa., is made a following matters are to be con terest, convenience, and necessity, and party to the proceeding. sidered in connection with the afore- is of the opinion that the applications It is further ordered, That the Petition mentwned issues specified below: must be designated for hearing in a con to Deny, filed by WBXM Broadcasting noo' + e above-captioned proposals ap- solidated proceeding on the issues set Company, Inc., is granted to the extent pear to be mutually exclusive in that forth below. indicated above. concurrent operation would result in It is ordered, That, pursuant to sec It is further ordered, That the request h rm i des.tructive interference, tion 309(e) of the Communications Act of Charlottesville Broadcasting Corpora tu.; WJNA, in its application, indicates of 1934, as amended, the applications are tion (WINA) contained in its letter of S ’ foe basis of Figure M-3 yalues designated for hearing in a consolidated July 31, 1963 is denied. C^ duct^ ’ the proposed operation proceeding, at a time and place to be It is further ordered, That, in the of FlT FT*1 coverage requirements specified in a subsequent order, upon the event of a grant of either of the above- It is If'!8!! of the Commission’s rules, following issues: captioned applications, the construction of -LSr?.’ ilowever* that if the values 1. To determine the areas and popu permit shall contain the following condi t ^ Qndn ivi* from the Proposed an- lations which would receive primary tion: Pending a final decision in Docket le« +v,„ e. t(?wards the city were slightly service from the proposal of WBXM No. 14419 with respect to presunrise op nronli 1S indicated by Figure M-3, the Broadcasting Company, Inc., and the eration with daytime facilities, the pres not comply With § 73.188 availability of other primary service to ent provisions of § 73.87 of the Commis fipirf rules 111 that a minimum such areas and populations. sion’s rules are not extended to this ob aii^enslty of 25 mv/m would not be 2. To determine the areas and popula authorization, and such operation is areas of «7er the business or factory tions which may be expected to gain or precluded. lose primary service from the proposed It is further ordered, That, to avail and night« L City dU? ng both daytime operation of Station WINA, Charlottes themselves of the opportunity to be if tho S i operation. In addition, ville, Va., and the availability of other heard, the applicants and party respond ProDosprt^116* °f conductivity from the primary service to such areas and pop ent herein, pursuant to § 1.221(c) of the than ¿ forint!nîîa site were slishtly less ulations. Commission rules, in person or by attor Pos?dnisMHatedi by Figure M~3’ the pro“ 3. To determine whether the proposal ney, shall, within 20 days of the mailing notcofÎ hfttim?ihmitation contour would of Charlottesville Broadcasting Corpo of this order, file with the Commission (a) (l) of «ty as re(mired by § 73.188 ration (WINA) would provide coverage in triplicate, a written appearance stat Figure M Commission’s rules. Since of the city sought to be served, as re ing an intention to appear on the date intended ^ ValU6S of c°nductivity are not quired by § 73.188(b) (1) of the Commis fixed for the hearing and present evi to accurately indicate the con- sion’s rules, and, if not, whether circum dence on the issues specified in this order. No. 41------s 2 7 3 0 NOTICES It is further ordered, That the appli Released: February 24,1965. the programming needs of the area he cants herein shall, pursuant to section F ederal Communications proposes to serve and the manner in need. 311(a) (2) of the Communications Act of Com m ission, which he proposes to meet such 1934, as amended, and § 1.594 of the [seal] B en F. W aple, 2. To determine whether Charles W. Commission’s rules, give notice of the Secretary. Jobbins, in view of his proposal as to hearing, either individually or, if feasible staff, is qualified to operate his station in and consistent with the rules, jointly, [F.R. Doc. 65-2175; Filed, Mar. 2, 1965; the manner proposed in his application. within the time and in the manner pre 8:47 a.m.] 3. To determine whether Charles W. scribed in such rule, and shall advise the Jobbins has reasonable assurance of be Commission of the publication of such > [Docket Nos. 15751—15766; FCC 65R-68] ing able to secure his proposed trans notice as required by § 1.594(g) of the mitter site. rules. KFOX, INC. (KFOX), ET AL 4. To determine whether Charles W. It is further ordered, That, the issues Memorandum Opinion and Order Jobbins has misrepresented the avail in the above-captioned proceeding may ability of the transmitter site specified be enlarged by the Examiner, on his own Amending Issues in his application. motion or on petition properly filed by a In re applications of KFOX, INC. P rogramming I ssue party to the proceeding, and upon suffi (KFOX), Pasadena, Calif., Docket No. cient allegations of fact in support there 15751, File No. BP-16149; Charles W. 2. Pasadena Broadcasting contends of, by the addition of the following issue: Jobbins, Costa Mesa-Newport Beach, that comparison of Jobbins’ proposal in To determine whether the funds avail Calif., Docket No. 15752, File No. BP- this proceeding with another filed by able to the applicant will give reasonable 16157; Radio Southern California, In Jobbins in Docket No. 13997 for a sta assurance that the proposals set forth corporated, Pasadena, Calif., Docket No. tion in Grass Valley, California, reveals in the application will be effectuated. 15753, File No. BP-16158; Goodson-Tod- the percentage of time allotted for vari ous types of programs _are practically Adopted: February 24, 1965. man Broadcasting, Inc., Pasadena, Calif., Docket No. 15754, File No. BP-16159; identical, with the exception of agricul Released: February 25,1965. Orange Radio, Inc., Fullerton, Calif., tural and educational programs; that the wording of the commercial spot policy F ederal Communications Docket No. 15755, File No. BP-16169; is identical, word for word; and that the Com m ission, Pacific Fine Music, Inc., Whittier, Calif., program log analysis, hours of operation, [seal] B en F. W aple, Docket No. 15756, File No. BP-16161; Secretary. The Bible Institute of Los Angeles, Incor number of commercial spot announce porated, Pasadena, Calif., Docket No. ments, and number of noncommercial [F.R. Doc. 65-2174; Filed, Mar. 2, 1965; 15757, File No. BP-16162; C. D. Funk and spot announcements are identical, num 8:47 a.m .] George A. Baron, a partnership d/b as ber for number. With respect to the Topanga Malibu Broadcasting Company, program schedule, the titles of the pro [Docket No. 15668 etc.; FCC 65M-227] Topanga, Calif., Docket No. 15758,' File grams are the same in most instances, No. BP-16164; California Regional the difference being in the educational CHICAGOLAND TV CO. ET AL. Broadcasting Corporation, Pasadena, programs which accounts for five of the six half-hour segment variations on Order Regarding Procedural Dates Calif., Docket No. 15759, File No. BP- 16165; Storer Broadcasting Company Sunday and two of the three half-hour In re applications of Frederick B. Liv (KGBS), Pasadena, Calif., Docket No. variations on week days. As to program ingston and Thomas L. Davis, d/b as 15760, File No. BP-16166; Mitchell B. policy, the response is identical, word for Chicagoland TV Company, Chicago, 111., Howe, Peter Davis, Edwin M. Dillhoefer word, in each application. Pasadena Docket No. 15668, File No. BPCT-3116; and C. Hunter Sheldon, d/b as Pasadena Broadcasting contends its president, Ed Warner Bros. Pictures, Inc., Chicago, 111., Civic Broadcasting Company, Pasadena, ward J. Flynn, contacted some sixteen Docket No. 15669, File No, BPCT-3271; Calif., Docket No. 15761, File No. BP- important local organizations in the Chicago Federation of Labor and Indus 16167; Robert S. Morton, Arthur Costa Mesa-Newport Beach area to de trial Union Council, Chicago, 111., Docket Hanisch, Macdonald Carey, Ben F. termine whether or not these organiza No. 15708, File No. BPCT-3439; for con Smith, Donald C. McBain, Robert Breck- tions have been approached by Jobbins struction permit for new television ner, Louis R, Vincenti, Robert C. Mar- in the planning of his proposed program broadcast station (Channel 38). dian, James B. Boyle, Robert M. Vail- ming but that none was contacted by A prehearing conference having been lancourt, and Edwin Earl, d/b as Crown Jobbins. Pasadena Broadcasting argues held on February 24, 1965, and it ap City Broadcasting Co., Pasadena, Calif., that the combination of substantially pearing from the record made therein Docket No. 15762, File No. BP-16163; identical program proposals for entirely that certain agreements were reached Pasadena Community Station, Inc., Pas different communities, failure to make a and certain rulings made which should be adena, Calif., Docket No. 15763, File No. community survey, and the scheduling o formalized by order; BP-16170; Voice of Pasadena, Inc., Pasa large segments of time for local schools It is ordered, This 24th day of Febru dena, Calif., Docket No. 15764, File No. and colleges without any apparent con ary 1965, That: BP-16172; Western Broadcasting Cor sultation with their officials amply ju ■ (1) With respect to those exhibits now poration^ Pasadena, Calif., Docket No. tifies the addition of a programme J scheduled to be exchanged on February 15765,' File No. BP-16173; Pasadena issue. Charles W. Jobbins replies to _ 25, 1965, the exchange date is continued Broadcasting Company, Pasadena, Calif., every multiple station, operator is goi & to March 2, 1965; Docket No. 15766, File No. BP-16174; for to operate each of his stations in a »J (2) With respect to the issue added by construction permits. that would show some similarities order of the Review Board released Jan 1. Pasadena Broadcasting Companyimportant changes are made in the P uary 22,1965, Chicagoland will exchange (Pasadena Broadcasting) requests en gramming in recognition of the neea on or before March 22, 1965, a list of its largement of issues with respect to the each community; that in the passag _ witnesses who will testify orally; a state application of Charles W. Jobbins.1 The time • interest in agricultural prog ment of its case in sufficient detail to ac requested issues read as follows: would decline; that since the Unive quaint any party wishing to rebut that 1. To determine what efforts have beenof California at Irvine is not yet op case with what it will be required to made by Charles W. Jobbins to determine ing, the percentage of time devote _ rebut; and copies of any written exhibits educational activities might be less which are to be offered into evidence; iThe Review Board has before it: (a) ing initial program planning; ana and, Petition of Pasadena Broadcasting Company these two factors would make T ^ a c h It is further ordered, That the hearing to enlarge issues with respect to application plication for Costa Mesa-Newport ^ on that issue scheduled to be heard in of Charles W. Jobbins, filed January 8, 1965; even more similar. Jobbins con Chicago, 111., shall commence on April 6, (b) Broadcast Bureau’s partial opposition, that his investigation of the si^®en P e. filed January 22, 1965; (c) reply of Charles 1965 at 10:00 a.m. at an address to be W. Jobbins, filed January 28, 1965; and (d) pie named by Mr. Edward J. specified by subsequent order of the reply of Pasadena Broadcasting Company, veals that, among those he con Commission. filed January 29, 1965. none had heard of Mr. Flynn or r Wednesday, March 3, 1965 FEDERAL REGISTER 2 7 3 1 bered receiving a call. Jobbins asserts towers, it has not leased the property for requesting that hearing be continued in that surveys have been taken of local a radio tower and does not favor radio definitely; and needs and a large amount of evidence towers in the area proposed to be used It appearing that there is now pend will be submitted in the event the hear by Jobbins.” Jobbins, however, contends ing a Petition for Leave to Amend filed ing is to be decided on comparative issues. that he has been given sufficient evidence by applicant Naugatuck and various re 3. The petitioner has shown that there demonstrating that he is reasonably as sponses to that pleading filed by respond are similarities in the program planning sured that the proposed transmitter site ents; and between Jobbins’ proposal in this pro will be available to him. The problem It further appearing that at the re ceeding and that for Grass Valley, Cali herein appears to depend upon which quest of the Broadcast Bureau additional fornia. Thus, the Review Board con persons in the real estate firm were con engineering data is to be prepared to curs with the Broadcast Bureau that the tacted. However , the examination of the supplement the proposed amendment; programming issue as to the application letters appended to the pleadings indi and of Charles W. Jobbins should be added. cate that the real estate firm does not It further appearing that there is real This would be in accordance with our contemplate any type of development in doubt as to the propriety of granting the previous ruling in United Artists Broad the area in question within the next few petition to amend and that until this casting, Inc., FCC 64R-551 (1964), years; that it does not have a firm policy matter is decided the parties are seri wherein we stated “Where an applicant’s regarding construction of a tower in a ously handicapped in knowing how to program proposal is the same as that low pastureland where Jobbins has proceed; and which he has proposed for another com planned to erect his tower; and that the It further appearing that respondents’ munity, a ‘Suburban’ issue will be added, real estate firm is very much interested request for indefinite continuance is in absent a showing by the applicant that in any development that will benefit appropriate in that it conflicts with the he is familiar with the needs of the com Costa Mesa, Newport Beach, and the examiner’s own views concerning course munity he proposes to serve.” Jobbins surrounding area. It thus appears that of hearing but that some continuance of has not made this showing. He asserted the real estate firm has not rejected hearing is appropriate in order to accom that a survey was made but failed to Jobbins’ overture to secure a transmitter modate disposition of applicant’s petition submit any information supporting his site and that the firm does not wish to to amend; assertion. Taylor Broadcasting Com foreclose future negotiations. Under Accordingly, it is ordered, This 23d day pany, FCC 65-57 (1965), the circumstances, there appears to be of February 1965, That so much of the no need for a site availability issue. As Motion for Continuance filed on Feb A dequacy of S taff I ss u e to the question of whether Jobbins mis ruary 18, 1965 by United Broadcasting 4. Pasadena Broadcasting also rerepresented to the Commission the avail Company of New York, and others, as quests an issue inquiring whether, with ability of a transmitter site, Pasadena requests continuance of hearing is the proposed staff, Jobbins is qualified Broadcasting withdrew its request in its granted and in all other respects is to operate his station in the manner set reply for the inclusion of an issue. denied and, on the examiner’s own mo forth in his application. Petitioner con Accordingly, it is ordered, This 23d day tion, hearing in the above-entitled pro tends that, of the five staff members, of February 1965, That the petition of ceeding is continued from February 24, there will be two announcers, who have Pasadena Broadcasting Company to en 1965 to March 18,1965: And, it is further other duties, working 84 hours a week large issues With respect to the applica ordered that oral argument on appli and there will be live programming for tion of Charles W. Jobbins, filed Janu cant’s petition for leave to amend will be 10 percent of the time. In support, it ary 8,1965, is granted to the extent indi held at 9:00 a.m., March 5, 1965. cites Semo Broadcasting Corp., FCC cated below and is denied in all other Released: February 25, 1965. 62R-132, 24 RR 605 (1962), where a respects; and staffing issue was added when it was It is further ordered, That the Com F ederal C ommunications shown that a station, which proposed to mission’s Memorandum Opinion and C o m m is s io n , operate 84 hours a week, had two an Order (FCC 64-1195), released Decem [ seal] B e n F . W aple, nouncers, without other duties, only one ber 31, 1964, is amended by the addition Secretary. engineer and proposed to operate 7.75 of the following issues: [Fg. Doc. 65-2177; Filed, Mar. 2, 1965; percent of its weekly program as “live”. To determine what efforts have been 8:47 a.m.] As to the use of part-time staff, Pasa- made by Charles W. Jobbins to deter J^ndcasting questions the extent mine the programming needs of the area [Docket No. 15860; FCC 65-138] 2* taeir employment, citing KWEN he proposes to serve and the manner in broadcasting Co > p c c 62-654, 23 RR which he proposes to meet such needs. AMERICAN TELEPHONE AND 0 (1962). Jobbins replies that his To determine whether the staff pro TELEGRAPH CO. P op°sed staff is typical of many small posed by Charles W. Jobbins would be ^operations which are designed to adequate to operate his proposed station. Memorandum Opinion and Order Instituting Investigation mw*- e needs of relatively small com- Released: February 25, 1965. Ovq« esA a n d t h e proximity of In the matter of American Telephone OoUfge Coast c °llege and University of F ederal C ommunications and Telegraph Company, charges, prac nnQi4«r jia a^ Iryine makes the hiring of C o m m iss io n ,2 tices, classifications, and regulations for P.art-time employees much [ seal] B e n F . W a pl e , and in connection with the transmission for ti,"kan is usuafiy the case, and states Secretary. of binary teletypewriter signals at rates aepr olJrst,time ^ a t tt16 general man- [F.R. Doc. 65-2176; Filed, Mar. 2, 1905; up to 150 bauds. staff ?nd salesman will ^announce. The 8:47 a.m.] 1. On January 29, 1965, the American marirl^raP Broadcasting Co. for an extension of the April 18, 1962 suspending for a period of shall be held in the Offices-of the Com dates for the exchange of hearing ex 1 year his restricted radiotelephone oper mission, Washington, D.C. hibits and for hearing;. ator permit; and It appearing, that counsel for the It further appearing, that under the Released : February 26,1965. Broadcast Bureau, the only other party provisions of section 303(m) (2) of the F ederal C ommunications to this proceeding, has consented to the Communications Act of 1934, as C o m m is s io n , instant request and has waived the pro amended, the said licensee is entitled [ sea l] B e n F . W aple, visions of the FoUr-Day Rule; to a hearing in this matter and that upon Secretary. It is ordered, This 25th day of Febru the filing of a timely written application [F.R. Doc. 65-2209; Filed, Mar. 2, 1965; ary 1965, that the request is granted in therefor, the Commission’s Order of sus 8:49 a.m .] sofar as a change in dates; And it is pension is held in abeyance until the further ordered, That the hearing ex conclusion of the proceeding in this hibits will be exchanged on March 23, matter. [Docket Nos. 15849,15850] 1965, and that the hearing is continued It is ordered, This 23d day of February RADIO STATION WKEU AND from February 26, 1965, to April 2, 1965. 1965 under authority contained in section TELERAD, INC. Released: February 26, 1965. 303(m) (2) of the Communications Act of 1934, as amended and § 0.311(a) (5) of Order Designating Applications for F ederal C ommunications the Commission’s rules that the matter Consolidated Hearing on Stated Co m m iss io n , of the suspension of the restricted radio Issues [seal] B e n F . W aple, telephone operator permit of Richard Lee Secretary. - Dobbyn is hereby designated for hearing In re applications of Radio Station [F.R. Doc. 65-2206; Filed, Mar. 2, 1965; at a time and place before a hearing WKEU, Griffin, Ga., Docket No. 15849, 8:49 a.m.] examiner to be specified by further Order File No. BPH-4663, requests 97.7 me., of the Commission, upon the following No. 249; 3 kw.; 300 feet; Telerad, Inc., issues: Griffin, Ga^, Docket No. 15850, File No. [Docket No, 15861,15862; FGC 65M-233] 1. To determine whether Richard Lee BPH-4664, requests 97.7 me., No. 249; 3 CHARLOTTESVILLE BROADCASTING Dobbyn obtained or attempted to obtain kw.; 254 feet, for construction permits. CORP. (WINA) AND WBXM BROAD a radio operator license by fraudulent The Commission, by the Chief of the means. Broadcast Bureau under delegated au CASTING CO ., INC. 2. To determine whether Richard Lee thority, considered the captioned appli Order Scheduling Hearing Dobbyn by performing operating duties cations on February 25,1965; It appearing, that, except as indicated In re applications of Charlottesville at radio broadcast station KEZY not Broadcasting Corp. (WINA) , Charlottes authorized under a restricted radiotele by the issues specified below, each of the ville, Va., Docket No. 15861," File No. phone operator permit violated §§ 13.61 applicants is legally, technically, fi BP-15768; WBXM Broadcasting Co., Inc., (h) and 13.62(c) of the Commission’s nancially, and otherwise qualified to con Springfield, Va., Docket No. 15862, File rules. struct and operate as proposed; and No. BP-15808; for construction permits. 3. To determine in the light of the It further appearing, that the above- & ordered, This 26th day of February evidence adduced in the preceding issues captioned applications are mutually ex 1965, that Charles J. Frederick shall serve whether the terms of the original Order clusive in that concurrent operation as the presiding officer in the above- of Suspension should be made final, re would result in mutually destructive in entitled proceeding; that the hearings scinded or modified. terference; and therein shall commence at 10 a.m. on It is further ordered, That a copy of It further appearing, that, in view April 19, 1965; and that a prehearing this Order be transmitted by Certified of the foregoing, the Commission is un conference shall be convened at 10 a.m. Mail, Return Receipt Requested, to able to make the statutory finding that on March 16, 1965; And it is further or Richard Lee Dobbyn, and that he notify a grant of the subject applications would dered, That all proceedings shall be held the Commission in writing within 10 serve the public interest, convenience, m the Offices of the Commission, Wash days after the receipt of this Order that and necessity, and is of the opinion that ington, D.C. he will appear in person or by counsel the applications must be designated for at said hearing. hearing in a consolidated proceeding on Released: February 26, 1965. the issues set forth below; Released: February 26,1965. It is ordered, That; pursuant to sec F ederal Communications tion 309(e) of the Communications Act Co m m iss io n , F ederal C ommunications lseal] B en F . W aple, C o m m is s io n , of 1934, as amended, the applications are Secretary. [ seal] B e n F . W aple, designated for hearing in a consolidated Secretary. proceeding, at a time and place to be [FR. Doc. 65-2207; Filed, Mar. 2, 1965; specified in a subsequent Order, upon the 8:49 a.m.] [F.R. Doc. 65-2208; Filed, Mar. 2, 1965; following issues: 8:49 a.m.J 1. To determine which of the opera [Docket No. 15863] tions proposed in the above-captioned [Docket Nos. 15849,15850; FCC 65M-235] applications would better serve the pub RICHARD LEE DOBBYN lic interest, in light of the evidence ad RADIO STATION WKEU AND duced and the record made with respect Order Designating Matter for Hea TELERAD, INC. on Stated Issues to the significant differences between the Order Scheduling Hearing applicants as to: 50oniSe “ atter of Richard Lee Dob (à) The background and experience ^ckeUtfn ^ Mfiolevar^’ Houston, ' In re applications of Radio Station of each having a bearing on the appli raffiotelenhi5863, suspension of restri WKEU, Griffin, Ga., Docket No. 15849, cant’s ability to own and operate the pro ThTrP?°ne 0Perator permit, File No. BPH-4663; Telerad, Inc., posed FM broadcast station. eration °n!^:11SSlon hayine under coi Griffin, Ga., Docket No. 15850, File No. (b) The proposals of each of the ap radiotelpnhr, suspensi°n of restri BPH-4664; for construction permits. plicants with respect to management and 9E5449 f operator permit, No. It is ordered, This 26th day of Feb operation of the proposed stations. whoseadrirA^ to Rlchard Lee D,ob ruary 1965, that Forest L. McClerming (c) The programming services pro I t s aPPears above; and shall serve as the presiding officer in the posed in each of the applications. with the n?’ ^ at acting in accord: 2. To determine, in the light of the above-entitled proceeding; that the evidence adduced pursuant to the fore of thl C^ 0V1Si0I1S °f section 303 (m hearings therein shall commence at 10 going issue, which of the applications amended T Univ ati0ns Act of 193‘ a.m. on April 14, 1965; and that a pre- should be granted. with the Commfb°Ve' named party hearing conference shall be convened It is further ordered, That, to avail hearing o n ^ ? ^ on a timely reques at 9 a.m. on March 16, 1965; And, it is themselves of the opportunity to be 8 on the Commission’s Orde further ordered, That all proceedings heard, the applicants herein, pursuant to 2734 NOTICES § 1.221(c) of the Commission rules, in ized in Docket No. G-13121 to be made person or by attorney, shall, within 20 FEDERAL POWER COMMISSION pursuant to Union Oil Co. of California days of the mailing of this Order, file [Docket Nos. G—11580 etc.] FPC Gas Rate Schedule No. 20, as sup with the Commission in triplicate, a plemented. Applicant will sell natural written appearance stating an intention SOHIO PETROLEUM CO. ET AL. gas from the acreage acquired from to appear on the date fixed for the hear Union Oil at the same rate that Union ing and present evidence on the issues Findings and Order After Statutory Oil had been selling the gas. Said rate specified in this Order. Hearing is in effect subject to refund in Docket It is further ordered, That the appli F ebruary 19, 1965. No. RI61-52.1 Accordingly, Applicant cants herein shall, pursuant to section Findings and Order After Statutory will be made a co-respondent in the rate 311(a)(2) of the Communications Act Hearing Issuing Certificates of Public proceeding, said proceeding will be re of 1934, as amended, and § 1.594 of the Convenience and Necessity, Amending designated, and Applicant will be required Commission’s rules, give notice of the Certificates, Permitting and Approving to file an agreement and undertaking to hearing, either individually or, if fea Abandonment of Service, Terminating assure the refund of any amount col sible and consistent with the rules, Certificate, Cancelling Docket Number, lected by it for sales of natural gas from jointly, within the time and in the man Substituting Respondent, Making Suc the acreage acquired from Union Oil in ner prescribed in such rule, and shall cessor Co-Respondent, Redesignating excess of the amount determined to be advise the Commission of the publication Proceedings, Requiring Filing of Agree just and reasonable in Docket No. of such notice as required by § 1.594(g) ment and Undertaking, Accepting Re RI61-52. of the rules. lated Rate Schedules and Supplements After due notice, a joint petition to in It is further ordered, That, the issues for Filing and Permitting Withdrawal of tervene. by Southern California Gas Co. in the above-captioned proceeding may Interventions. and Southern Counties Gas Co. of Cal be enlarged by the Examiner, on his own ifornia was filed in" Docket No. CI65-180 motion or on petition properly filed by Each of the Applicants listed herein and notices of intervention by The Pub a party to the proceeding, and upon suffi has filed an application pursuant to sec lic Service Commission of the State of cient allegations of fact in support tion 7 of the Natural Gas Act for a cer New York were filed in Docket Nos. thereof, by the addition of the following tificate of public convenience and neces CI65-169 and CI65-474, respectively. issue: To determine whether the funds sity authorizing the sale and delivery of Notice of withdrawal of the joint peti available to the applicant will give rea natural gas in interstate commerce, for tion to intervene by interveners was filed sonable assurance that the proposals set permission and approval to abandon on February 8, 1965, in Docket No. CI65- forth in the application will be effectu service, or a petition to amend an exist 180 and a notice of withdrawal of the ated. ing certificate authorization, all as more fully described in the respective applica respective interventions by intervener Released: February 25, 1965. tions and petitions (and any supplements was filed on February 1, 1965, in Docket or amendments thereto) which are on Nos. CI65-169 and CI65-474, respectively. F ederal C ommunications file with the Commission. No other petitions to intervene, notices of C o m m is s io n , The Applicants herein have filed re intervention, or protests to the granting [ sea l] B e n F . W aple, of any of the respective applications or Secretary. lated FPC Gas Rate Schedules andpro- pose to initiate or abandon, add or de petitions in this order have been received. [F.R. Doc. 65-2210; Filed, Mar. 2, 1965; lete natural gas service in interstate com At a hearing held on February 18,1965, 8:49 a.m.] merce as indicated by the tabulation the Commission on its own motion re herein. All sales certificated herein are ceived and made a part of the record in either equal to or below the ceiling prices these proceedings, all evidence, including [Docket Nos. 15679, 15680; FCC 65M-230] established by the Commission’s State the applications, amendments and ex ment of Policy 61-1, as amended, or in hibits thereto, submitted in support of TRI-CITIES BROADCASTING CO. AND volve sales for which permanent cer the respective authorizations sought DAWSON COUNTY BROADCAST tificates have been previously issued. herein, and upon consideration of the ING CORP. Franco Western Oil Co., Division of record, Franco Wyoming Oil Co., Applicant in The Commission finds: Order Continuing Hearing Docket No. G-17022, proposes to continue (1) Each Applicant herein is a “nat the sale of natural gas heretofore author ural-gas company” within the meaning In re applications of David F. Stevens, ized in said docket to be made by Franco of the Natural Gas Act as heretofore Jr., trading as Tri-Cities Broadcasting Western Oil Co. pursuant to a contract found by the Commission or will be en Co., Cozad, Nebr., Docket No. 15679^ File designated as Franco Western Oil Co. gaged in the sale of natural gas in inter No. BP-15052; Dawson County Broad FPC Gas Rate Schedule No. 1. The pres state commerce for resale for ultimate casting Corp., Cozad, Nebr., Docket No. ently effective rate under said rate sched public consumption, subject to the juris 15680, File No. BP-15679; for construc ule is in effect subject to refund in Docket diction of the Commission, and wilt tion permits. No. RI65-322. A prior increased rate therefore, be a “natural-gas company , On the unopposed oral request of coun was collected for a locked-in period sub within the meaning of said Act upon the sel for Tri-Cities Broadcasting Co. : It is ject to refund in Docket No. RI60-448. commencement of the service under tne ordered, This 25th day of February 1965, Accordingly, the predecessor’s rate respective authorizations granted here that (a) the date for the exchange of the Schedule will be redesignated as that of inafter. . . remaining direct affirmative written the successor, the successor will be sub (2) The sales of natural gas hereinbe cases of applicants is further extended stituted in lieu of the predecessor as re fore described, as more fully described m from February 25 (as orally permitted) spondent in each of the rate proceedings, the respective applications, amendment* to March 2,1965; (b) for receipt of noti and the rate proceedings will be redes and/or supplements herein, will be ma fication of engineering witnesses from ignated. Inasmuch as the succession is in interstate commerce, subject to t March 3 to March 12, 1965; and (c) for a result of a merger, the agreements and jurisdiction of the Commission, and su the hearing from March 15 to April 12, undertakings filed by the predecessor to sales by the respective Applicants, 1965. assure the refund of any amounts col gether with the construction and ope ' Released: February 25, 1965. lected in excess of the amounts deter tion of any facilities subject to th e ju mined to be just and reasonable in Docket diction of the Commission necess F ederal C ommunications Nos. RI60-448 and RI65-322 will be con therefor, are subject to the requiem C o m m is s io n , strued as obligations of the successor. of subsections (c) and (e) of sectio [ seal] B e n F . W aple, Palm Petroleum Corp. (Operator), et of the Natural Gas Act. Secretary. al., Applicant in Docket No. CI62-585, [F.R. Doc. 65-2211; Filed, Max. 2, 1965; proposes, inter alia, to continue in part 1 Consolidated with Docket No. AR6^" | 8:49 a.m.] the sale of natural gas heretofore author et al. Wednesday, March 3, 1965 FEDERAL REGISTER 2735 (3) The sales of natural gas by the re in Docket No. CI61-1708 by permitting (F) In view of the authorization spective Applicants, together with the the successor in interest to continue the granted in paragraph (E) above in construction and operation of any facili service heretofore authorized. Docket No. G-11580, Applicant is not re ties subject to the jurisdiction of the (11) The respective related rate sched lieved of any refund obligation in the Commission necessary therefor, are re ules and supplements as designated or related rate, suspension proceeding in quired by the public convenience and redesignated in the tabulation herein, Docket No. RI64-629 insofar as it per necessity and certificates therefor should should be accepted for filing as herein tains to sales previously rendered from be issued as hereinafter ordered and after ordered. the subject acreage. conditioned. ^ The Commission orders : (G) The certificates heretofore issued (4) The respective Applicants are able (A) Certificates of public convenience in Docket Nos. G-13121 and G-18384 are and willing properly to do the acts and and necessity be and the same are hereby hereby amended by deleting therefrom to perform the services proposed and to issued, upon the terms and conditions of authorization granted herein in Docket conform to the provisions of the Natural this order, authorizing the sales by the Nos. CI62-585 and CI65-169. Gas Act and the requirements, rules and respective Applicants herein of natural (H) The certificates heretofore issued regulations of the Commission there- gas in interstate commerce for resale, in Docket Nos. G-15891, G-17022, G- under. together with the construction and 18944, CI61-1708, and CI64-1375 are (5) It is necessary and appropriate in operation of any facilities subject to the hereby amended by changing the cer carrying out the provisions of the Natural jurisdiction of the Commission necessary tificate holders to the respective suc Gas Act and the public convenience and for such sales, all as hereinbefore de cessors in interest as indicated in the necessity require that the certificate au scribed and as more fully described in the tabulation herein. thorizations heretofore issued by the respective applications, amendments, (I) Permission for and approval of Commission in Docket Nos. G-11580, G- supplements, and exhibits in these pro the abandonment of service by Applicant 13121, G-15891, G-17022, G-18384* G- ceedings. in Docket No. CI65-619 as hereinbefore 18944, CI61-1708, CI62-362, CI63-20, (B) The certificates granted in para described and as more fully described in CI63-783, and CI64-1375 should be graph (A) above are not transferable the application herein, is hereby granted amended as hereinafter ordered. and shall be effective only so ¿ong as and the related certificate heretofore is (6) The sale of natural gas proposed to Applicants continue the acts or opera sued in Docket No. G-17184 is hereby be abandoned by Applicant in Docket No. tions hereby authorized in accordance terminated. CI65-619 as hereinbefore described, all with the provisions of the Natural Gas (J) Franco Western Oil Co., Division as more fully described in the tabulation Act and the applicable rules, regulations of Franco Wyoming Oil Co., be and it is herein and in the application, is subject and orders of the Commission. - hereby substituted in lieu of Franco to the requirements of subsection (b) of (C) The grant of the certificates issued Western Oil Co. as respondent in the section 7 of the Natural Gas Act, and in paragraph (A) above shall not be con proceedings pending in Docket Nos. such abandonment should be permitted strued as a waiver of the requirements of RI60-448 and RI65-322; said proceedings and approved, and the related certificate section 4Tof the Natural Gas Act or of are redesignated accordingly;2 and the heretofore issued fn Docket Nò. G-17184 Part 154 or Part 157 of the Commission’s agreements and undertakings filed in should be terminated. regulations thereunder, and is. without said proceedings by the predecessor shall (7) It is necessary and appropriate in prejudice to any findings or orders which hereafter be construed as obligations of carrying out the provisions of the Natural have been or may hereafter be made by the successor. Gas Act and the public convenience and the Commission in any proceeding now (K) Franco Western Oil Co., Division necessity require that Franco Wester pending or hereafter instituted by or of Franco Wyoming Oil Co., shall com Oil Co., Division of Franco Wyoming O against the respective Applicants. Fur ply with the refunding and reporting pro Oo-, should be substituted in lieu < ther, our action in this proceeding shall cedure required by the Natural Gas Act Franco Western Oil Co. as respondent J not foreclose nor prejudice any future and § 154.102 of the regulations there me proceedings pending in Docket No proceedings or objections relating to the under, and the agreements and under RI60-448 and RI65-322, that said pr< operation of any price or related pro takings filed in Docket Nos. RI60-448 and ceedings should be redesignated accorc visions in the gas purchase contracts RI65-322 shall remain in full force and lngjy, ^d that the agreements ar herein involved. Nor shall the grant of effect until discharged by the Commis undertakings filed in said dockets by tf the certificates aforesaid for Service to the sion. Predecessor should be construed as ol particular customers involved imply ap (L) Palm Petroleum Corp. (Operator), ligations of the successor. proval of all of the terms of the respec et al., be and it is hereby made a core (8) it is necessary and appropriate i tive contracts, particularly as to the ces spondent in the proceeding pending in arrying out the provisions of tl sation of service upon termination of Docket No. RI61-52 with respect to sales natural Gas Act that Palm Petroled] said contracts, as provided by section of natural gas authorized in Docket No. n (°Perator), et al„ should be mat 7(b) of the Natural Gas Act. Nor shall CI62-585 from acreage acquired from m0Cfle^X)Ii<:*en*' *n the proceeding pent the grant of the certificates aforesaid be Union Oil Co. of California, and the £ ? ? etN°. RI61-52, that said prt construed to preclude the imposition of proceeding in Docket No. RI61-52 is re in^!ng S5°llld be redesignated accort any sanctions pursuant to the provisions designated accordingly.* (nnli. +n [Docket No. RI65-332] FPC rate schedule to be accepted Docket No. Purchaser, field and AMERADA PETROLEUM CORP. and date filed Applicant location Description and date of No. Supp. Document Order Providing for Hearings on and Suspension of Proposed Changes in Rates and Allowing Rate Changes Letter agreement 257 6 12-1-58. To Become Effective Subject to Re Letter agreement 257 7 12-22-58. fund; Correction Letter agreement 257 8 7-1-60. F ebruary 18, 1965. Amendment, 10-23-62— 257 9 In the Order Providing for Hearings Letter agreement 257 io 7-1-64.10 on and Suspension of Proposed Changes p.fftfi-fiifi Rl Paso Natural Gas Go., 21 in Rates, and Allowing Rate Changes To A 12-30-64 (Operator), et al. Spraberry Trend Area,' Rieagan County, Tex. Become Effective Subject to Refund, is OTfiR-fi17 Lawrence Drilling Co.— Contract 11-20-64 1 sued November 30,1965 and published in A 12-30-64 mission Corp., Spider Letter agreement 1 1 Field, De Sotó Parish, 11-20-64.10 the F ederal R egister December 8, 1964 La. (F.R. Doc. 64-12468; 29 F.R.-16842); in C165-618...... Humble Oil & Refining Arkansas Louisiana Gas Contract 11-30-64 *o_. _ _ _ 367 A 12-31-64 Co. Co., Clinton Lake sert Footnote “13u after Rate Schedule Field, Marion County, No. 76 in the second paragraph of Ap Tex. pendix “A” ; also add Footnote “13” to CI6R-619 Stanley Martin, Agent Hope Natural Gas Co., 1 1 (G-17184) for The Martin Oil & DeKalb District, Gil- 12-29-64.218 read as follows: B 12-30-64 Gas Co. mer County, W. Va. CI65-621...... Sun Oil Co. (Gulf Coast United Gas Pipe Line Co. 182 13 Supplement No. 5 to Amerada’s FPC Gas A 12-31-64 Division). Deer Island Field, Rate Schedule No. 76 does not include a 1.0 Terrebonne Parish, La. cent per Mcf minimum guarantee for liquids. CI65-622.-___ Oil Co. (Southwest 181Sun A 12-31-64 Division). sion Corp., Bayside JOSEPH H. G utrid e, Field, Refugio County, Tex. Secretary. CI65-623 Consolidation Coal Co., United Fuel Gas Co., 1 A 12-31-64 et al. Maiden Spring District, [F.R. Doc. 65-2161; Filed, Mar. 2, 1965; Tazewell County, Va. 8:45 a.m.] CI65-624. . Phillips Petroleum Co., 410 A 12-31-64 Operator. Ector Plant, Ector County, Tex. [Docket Nos. RI65-518 etc.] CI65-629 . Aztec Oil & Gas Co____ 18 A 1-4-65 Gallegos Canyon, San Juan County, N . Mex. BONRAY OIL CO. ET AL. CI65-630...... Continental Oil Co...... Lone Star Gas Co., JG S Contract 9-30-64 io_____ 292 A 1-4-65 Field, Panola County, Order Providing for Hearing on and Tex. CI65-632__ Fairman Drilling C o.... New York. State Natural 35 Suspension of Proposed Changes in A 1-5-65 Gas Corp., Big Run Pool, Jefferson County, Rates, Effective Subject to Refund 1 Pa. CI65-633 36 F ebruary 24,1965. A 1-5-65 The Respondents named herein have filed proposed changes in rates and „,-!,^essure ™ Queen Formation has declined to the point that it is no long er able to produce gas against existin pipeline pressure. charges of currently effective rate sched »Effective date: Date of this order. ules for sales of natural gas under Com w™ra?°° y est*m Oil Co. merged into Franco Wyoming Oil Co. with Franco Western Oil Co., a Division of Franco mission jurisdiction, as set forth in Ap ".yennng Co., the surviving company. s iref£er agreement between Franco Western and Franco Wyoming. pendix A hereof. supplemental agreement dated Nov. 19, 1964, between Socony and Panhandle releasing nonproducing The proposed changed rates and , fo® wtlere the leases have expired and no deliveries have been made. charges may be unjust, unreasonable, No Grei3i2i'3reV10US*y covere<* under Union Oil Co. of California FPC GRS No. 20 and certificate issued in Docket unduly discriminatory, or preferential, sQ°- to Kern Drilling Co., Inc. (Sinclair received its interest from Union Oil Co.). “ Kern to Palm for interest. . ■ or otherwise unlawful. miuP: to Palm for % interest. The Commission finds: It is in the Effective date: Date of initial delivery. public interest and consistent with the u rw ™ :y on file “ Socony M obil Oil Co., Inc., FPC GRS No. 263, as supplem ented, u A r S i i f r o m Socony to Oil and Gas Property Management, Inc. Natural Gas Act that the Commission to m P oc^et N °. CI65-474 will be treated as an am endm ent to the certificate in Docket No. CI61-1708 enter upon hearings regarding the law li p™™ succession in interest. Docket No. CI65-474 will be cancelled. « iva age *Fom Socony, Continental, and Newmont to Ocean Drilling & Exploration Co. (Operator), et al. fulness of the proposed changes, and Petrolpii^f ne assigned acreage to the terms of a gas sales contract executed on Sept. 18,1957 between Magnolia that the supplements herein be suspend Driflinp ^ ^uu Pransco which was ratified by Odeco by instrument dated May 8,1961; designated as Ocean ed and their use be deferred as ordered u r^Lpi?i,Piol:ation Co- (Operator), et al., FPC GRS No. 6. « p S. certain agreement dated Sept. 27,1937. below. 1* Prnrtiiot?« 1.ncrease iu rate from 3 cents to 4 cents per Mcf. The Commission orders: oauction of gas uo longer economically feasible. (A); Under the Natural Gas Act, Docket No____ _ cable to the proceeding in Docket No. ______particularly sections 4 and 15, the regu SUGGESTED AGREEMENT AND UNDERTAKING (and has caused this agreement and under lations pertaining thereto (18 CFR, taking to be executed and sealed in its name Chapter I), and the Commission’s rules B efore t h e F ed era l P o w e r C o m m i s s i o n by its officers, thereupon duly authorized in of practice and procedure, public hear accordance with the terms of the resolution (Name of Respondent) Docket No. of its board of directors, a certified copy of ings shall be held concerning the lawful which is appended hereto *) th is ____d ay of ness of the proposed changes. AReS^ii a^d Undertaking of (Name < Respondent) To Comply With Refundir ______196— (B> Pending hearings and decisions (Nam e of R espondent) thereon, the rate supplements herein are Of +iTPOrting Provisions of Section 154.1C th„.re Commissloii’s Regulations Und< By — ...... —— suspended and their use deferred until the Natural Gas Act A ttest: date shown in the “Date Suspended Until” column, and thereafter until made frudertekesf ^ sP°ndfnt) hereby agrees an effective as prescribed by the Natural and renoi-H«t0 ComP1y with the refundin [FJR. Doc. 65-2114; Filed, Mar. 2, 1965; 8:45 a.m.] Gas Act: Provided, however, That the o fth eU o S i P™vi,sions of Section 154.1C Natural r ^ i 5! 0,118 r e la t io n s under t l x Does not consolidate for hearing or dis ral Gas Act insofar as they are appl: 1 If a corporation. pose of the several matters herein. No. 4i------a 273&T ïl8T&§SJAJBCm supplements to the rate schedule? filed under, accompanied by a certificate position of thesé; pfocèedings or expira by Respondents, as set forth herein, shall showing service of copies thereof upon tion of the suspension period. becomé effective subject to refund on the all purchasers under the rate schedule (D) Notices of intervention or peti date and in the manner herein pre involved. Unless Respondents are ad tions to intervene may be filed with the scribed if within 20 days from the date vised to the contrary within 15 days after Federal Powér Commission, Washington, of thé issuance of this order Respondents the filing of their respective agreements D.C., 20426, ^accordance with the rules shall each execute and file under its and undertakings, such agreements and of practice and procedure (18 CFR 1.8 above-designated docket number with undertakings shall be deemed to have and 1.37(f)) on or before April Î4, 1965. the Secretary of the Commission its been accepted, agreement and undertaking to comply (C) Until otherwise ordered by the By the Commission. with the refunding and reporting pro Commission, neither the suspended sup cedure required by the Natural Gas, Act plements, nor the rate schedules sought [ seal] J o se ph H. G utride, and § 154.102 of the regulations thére- to be altered, shall be changed until dis Secretary. Appendix Effective Cents per Mcf Rate in Sup Amount Date date Date sus- effect sub- Docket Respondent . 7, sched ple Purchaser and producing area of annual filing unless ^pended )ectto No. ule ment increase tendered sus until-“ Rate in „ Proposed refund in No. No. pended effect increased docket rate • Nos. RI65-518... Bonray Oil Co, (Op 6 2 Cities Service Gas Co. (Leonard Ran $4,000 2-1-65 »3-4-65 »3-5-65, *713.0 “ «»14.0 erator), et al, 1361 First som Lease, West Mount Zion Field, National Bldg., ' Grant County, Okla.) (Oklahoma : Oklahoma City, ‘’Other” Airea). Okla. RI65-519__ Amerada Petroleum 123 1 Cities Service Gas Co. (Northeast Way- $375 2-1-65 *3-4-65 » 3-5-65 • » 13,0 * ‘ « » 14.0 • Corp,, Post Office noka Field, Woods County, Okla.) Box 2040, Tulsa 2, . (Oklahoma“ Other” Area). 1 Okla. »The stated effective date is the first day after expiration of the required statutory - ‘ Pressure base is 14.65 p.s.i.a. notice. • Includes 0.75 cents per-Mcf dehydration charge deducted by buyer. ‘ The suspension period is limited to 1 day. ^ ^ . r -. . , 7 Subject to downward B.t.u. adjustment. «Periodic rate increase. ' ! v . " - Bonray Oil Co. (Operator) et al., (Bonray) from 11.0 cents to 16.8 cents per Mcf for such determination, together with a and Amerada Petroleum Corp. (Amerada) re which-were made effective as of March satisfactory release from Lone Star. quest that their proposed rate increases he 7, 1961 subject to refund in Docket No. permitted to become effective as of January By the Commission. 1, 1965. Good cause has not been shown for RI61-112. London further proposes to waiving the 30-day notice requirement pro refund all the money collected in excess [ sea l] J o se p h H. G utride, vided in section 4(d) of the Natural Gas Act of the proposed substitute rates of. 15.0 Secretary. to permit ari earlier effective daté for the cents per Mcf, plus 7 percent interest per [F.R. Doc. 65-2164; Filed, Mar. 2, 1965; aforementioned producers’ rate filings and annum (approximately $22,333 includ 8:46 a m .] such requests are denied. ing interest) . The contracts related to the rate filings The refunds ordered herein are sub [Docket No. CP65—239] proposed by Bonray and Amerada were ject to flow-through agreements of Lone execute^ subsequent to September 28, I960, MILWAUKEE GAS LIGHT CO. the date of issuance of the Commission’s Star as well as its purchaser, Natural Gas Statement of General Policy fib.' 61-1, as Pipeline Co, of America, in accordance Notice of Application amended, and the proposed increased'rates with previously accepted rate settle are above the applicable ceiling for increased ments proposals. There are no inter F ebruary 24, 1965. rates but do not exceed the applicable ceil veners in this proceeding. Take notice that on February 12, 1965, ing price for initial rates in the area involved. The Commission finds: Good cause Milwaukee Gas Light Co. (Applicant), Under the circumstances, we believe that exist for permitting the substitution of Bonray and Amerada’s rate filings should Milwaukee, Wis., filed in D ock et wo. each be suspended for 1 day from March 4, the said decreased rate filings in lieu of CP65-239 an application pursuant to 1965, the date of expiration of the statutory the favored-nation increased rates; for section 7(a) of the Natural Gas Act lor n otice. permitting said substitute rates to be an order of the Commission directing [F.R. Doc. 65-2182; Filed, Mar. 2, 1965; effective as of March 7, 1961, subject to Michigan Wisconsin Pipe Line Co. to 8:46 a.m.] further refund in Docket No. RI61-112; establish physical connection of its nat and for requiring London to make re ural gas transmission facilities witbtn funds and account therefor as herein facilities proposed to be constructed w [Docket No. RI61-112] after provided. Applicant, and to sell and deliver natur LONDON GAS CO. ET AL. The Commission orders: gas to Applicant for resale and distriDU' (A) Supplements No. 1 to 2 to Lon tion in the villages of Adell, Belgiutn, Order Permitting Substitute Decreased don’s FPC Gas Rate Schedules Nos. 1, 3, Cascade, Cedar Grove, Fredonia, C o Rate Filings Subject to Further Re and 6, respectively, are permitted, to be burg, Random Lake, and Waldo, vv •> fund and Requiring Refunds substituted in lieu of Supplements No. all as more fully set forth in the appn ' 2 to said rate schedules, and said Sup tion on file with the Commission anu F ebruary 24, 1065. plements No. 1 to 2 are effective as of open to public inspection. . London Gas Co. et al. (Loiidon) on March 7, 1961, subject to further refund The total estimated volumes of naton* January 28,1965, filed notices of change, in Docket No. RI61-112. gas involved to meet Applicant’s ann , designated Supplements No. 1 to 2 to (B) London shall within 45 days from and peak day requirements for the ua London’s FPC Gas Rate Schedule Nos. the date of issuance of this order (1) re 3 years of proposed operations are sta 1, 3, and 6, respectively, for its jurisdic fund to Lone Star the amount of money to be: tional sales of natural gas to Lone Star collected in this proceeding in excess of Gas Co. (Lone Star) from the Asphaltum the 15.0 cents per Mcf rates from March First year Second Third ye»7 Field Jefferson and Stephens Counties, 7, 1961 to the date of issuance of this year order, with interest at 7 percent per - Okla. “Other” Area. In said supple 494,420 ments, London proposes, in effect, to sub annum to January 1,1965, and (2) report Annual (M'cf)___ 397,853 452,486 2,535 stitute fractured rate increases from 11.0 to the Commission, in writing, the Peak day (Mei)-- 1,542 2,155 cents to 15.0 cents per Mcf at 14.65 amount of refunds paid to Lone Star p.s.i.a., effective as of March 7, 1961, in showing separately the amount of prin rotai estimated cost of Applicants lieu of favored-nation rate increases cipal and interest so paid, and the basis Wednesday, March 3, 1965 FEDERAL REGISTER 2739 mission facilities and distribution sys cedure, a hearing will be held without Docket No. CP64-96 an application to tems, is stated to be $1,304,493, and will further notice before the Commission on amend the order of the Commission is be financed with internally generated this application if no protest or petition sued in said docket April 17, 1964, and amended November 23, 1964. funds. , . „ _ to intervene is filed within the time re Protests or petitions to intervene may quired herein and the Commission on its Applicant requests authorization for be filed with the Federal Power Com own review of the matter finds that a the sale and delivery of an additional vol mission, Washington, D.C., 20426, in ac grant of the certificate is required by the ume of 690 Mcf of natural gas per day cordance with the rules of practice and public convenience and necessity. If a to Eastern Shore Natural Gas Co. (East procedure (18 CFR 1.8 or 1.10) on or be protest or petition for leave to intervene ern Shore), an existing customer. This proposed increase is in addition to the fore March 16, 1965. is timely filed, or if the Commission on its own motion believes that a formal increase of 625 Mcf per day for Eastern J o seph H. G u t rid e, hearing is required, further notice of such Shore authorized in the original certifi Secretary. hearing will be duly given. cate order of April 17, 1964, and the [F.R. Doc. 65-2165; Filed, Mar. 2, 1965; Under the procedure herein provided further increase of 470 Mcf per day au 8:46 a.m.] for, unless otherwise advised, it will be thorized in the order issued November unnecessary for Applicant to appear or 23, 1964. The application states that be represented at the hearing. the increased volumes are required by [Docket No. CP65-238] Eastern Shore for natural gas service to J o se ph H. G u t r id e , NATURAL GAS PIPELINE CO. .OF Secretary. three industrial customer's. AMERICA Applicant further requests that the [F.R. Doc. 65-2166; Filed, Mar. 2, 1965; present allocation of 1,643 Mcf per day Notice of Application 8:46 a.m.] from Applicant which was authorized by order of the Commission issued Septem F ebruary 24, 1965. ber 10, 1964, in Docket No. CP64-304 be Take notice that on February 11,1965, [Project No. 2427] transferred from the City of Washington, Natural Gas Pipeline Co. of America FRANK E. PEACOCK Ga. (Washington), to Atlanta Gas Light (Applicant), Chicago, 111 , filed in Docket Co. (Atlanta), an existing customer No. CF65-238 an application pursuant Notice of Application for License The application states that Washington to section 7(c) of the Natural Gas Act F ebruary 24, 1965. has not commenced the construction of for a certificate of public, convenience its municipal distribution system and has and necessity authorizing the construc Public notice is hereby given that ap plication has been filed under the Fed not executed a service agreement with tion and operation of certain facilities Applicant. The application further for the sale and delivery of natural gas, eral Power Act (16 U.S.C. 791a-825r) by Frank E. Peacock (Applicant) of 204 states that Washington has granted a all as more fully set forth in the appli franchise to Atlanta for the distribution cation on file with the Commission and Lawndale Avenue, Wilmette, HI., 60091) for a license for proposed Project No. of natural gas in Washington. The ap open to public inspection. plication further states that Atlanta’s Specifically, Applicant seeks authori 2427, to be known as the Wood Falls (sometimes called Glen Park) project, to requirements for the proposed service in zation to construct and operate: (1) Washington are the same as those of Two 2-inch side taps, approximately be located on the Black River, in the Village of Glen Park, Jefferson County, Washington in its application in CP64- 200 feet of 2-inch lateral and a meter 304 and authorized by the Commission station in Keokuk County, Iowa, for the N.Y. in the order issued in said docket Sep sale of natural gas to Iowa Electric Light The proposed project would redevelop a run-of-river dam and powerhouse tember 10, 1964, namely up to 1,643 Mcf & Power Co. (Iowa Electric) for resale in per day. the City of Marengo and the towns of abandoned about 1930, and would con On Febrüary 16,1965, Washington filed North English and Williamsburg, Iowa sist of: (1) A diversion dam about 13 feet high; (2) a 15-foot diameter penstock with the Commission a motion to vacate County, Iowa and South English, Keo- the order issued September 10, 1964, ■jj* County, Iowa; and (2) one 2-inch about 125 feet long; (3) a powerhouse in Docket No. CP64-304, requesting how side tap, approximately 200 feet of containing a 10,000 horsepower turbine ""inch lateral and a meter station in driving a 7,000 kva generator; (4) a sub ever, that such vacation be contingent Washington County, Iowa, for the sale station; (5) a 23 kv transmission line upon Applicant’s receiving Commission oi natural gas to Iowa, Electric for resale about 4,500 feet long; and (6) appurte authorization to provide the subject serv in the town of Kalona, Washington nant facilities. ice to Atlanta instead of to Washington. County, Iowa. Protests or petitions to intervene may Applicant was issued a preliminary be filed with the Federal Power Com The application states that Iowa Elec- permit for the proposed project on Octo mission, Washington, D.C,, 20426, in ac Jhc, an existing customer of Applicant, ber 14, 1964 for a period of 12 months, cordance with the rules of practice and fiw+t!68 Provide natural gas service effective'as of September 1, 1964. procedure (18 CFR 1.8 or 1.10) on or be miQ 4.4*® above communities from the Protests or petitions to intervene may °f natural gas which Appli- be filed with the Federal Power Commis fore March 17,1965. cpii heretofore been authorized to sion, Washington, D.C., 20426, in accord J o se ph H. G u t r id e , deliver to Iowa Electric. The ance with the rules of practice and pro Secretary. iiSlcafc?n further states that the nat- cedure of the Commission (18 CFR 1.8 [F.R. Doc. 65-2168; Filed, Mar. 2, 1965; TOiii oy?ived in the instant proposal or 1.10). The last day upon which pro 8:46 a.m.] I * * delivered to and transported by tests or petitions may be filed is April 8, of G*s Pipeline Co. for the account 1965. The application is on file with the 01 Iowa Electric., Commission for public inspection. [Docket No. CP65-240] rJiif estimated cost of Applicant’s pro J o se ph H. G u t r id e , WESTFIELD GAS CORP. befi2o®0n!truction is $27,100, and will Secretary. financed with funds on hand. Notice of Application [F.R. Doc. 65—2i67; Filed, Mar. 2, 1965; be fllJ ^ r*?etitions to intervene may F ebruary 24, 1965. sion tile Pederal Power Commis- 8:46 a.m.] Take notice that on February 12, 1965, 5 ^ DJC > 20426, in accord- Westfield Gas Corp. (Applicant), West- cedure of Practice and pro- [Docket No. CP64-961 field, Ind., filed in Docket No. CP65-240 iations unrtp11 ^ °r 1-10) and the regu- (157^0) K the Natural Gas Act TRANSCONTINENTAL GAS PIPE LINE an application pursuant to section 7(a) Takef?iw-v.r bef°ro March 15,1965. CORP. of the Natural Gas Act for an order of the the aiifh«?'*}61' noti?e that, pursuant to Commission directing Panhandle East to the -in oontained in and subject Notice of Application ern Pipe Line Co. (Panhandle) to estab Federal 3pnSdlCti0n conferred upon the F ebruary 24,1965, lish physical connection of its natural and 15 of nfr Commission by sections 7 Take notice that on January 22, 1965, gas transmission facilities with the fa Conunissi nn^6 Nf tural Gns Act and the Transcontinental Gas Pipe Line Corp. cilities proposed to be constructed by ®«nssion s rules of practice and pro- (Applicant), Houston, Tex., filed in Applicant, and to sell and deliver natural NOTICES gas to Applicant' for Resale and distribu Effective as of the 23rd day tif Febru C*Act”) and Rules 43 and 88 promul tion in Westfield, Ind., all as more fully ary 1965. gated thereunder, -requesting that this Commission make permanent its order set forth in the application on file with [ sea l! L ester E is n e r , Jr., the Commission and open to public Regional Administrator, Region I. [ dated March 28,1963 granting temporary inspection. authorization of the organization and Applicant seeks physical connection of [F.R. Doc. 65-2200; Filed, Mar. 2, 1965; conduct of business of Service Co. and its proposed lateral transmission facili 8:48 aan.) related transactions until September 29, ties with Panhandle’s main transmission 1965, unless on or prior to such date the line at a point in Hamilton County, Ind., Commission shall further continue such and the sale and delivery of the 3-year authorization (Holding Company Act Tnayimnm day requirements of Westfield SECURITIES AND EXCHANGE Release No. 14840). of 397 Mcf of gas per day by Panhandle All interested persons are referred to to Applicant at such interconnection. COMMISSION the amended joint application-declara ' The total estimated volumes of natu [File No. 1-3421] tion on file in the office of the Commis ral gas involved to meet Applicant’s an sion for a statement of the proposals nual and peak day requirements for the CONTINENTAL VENDING MACHINE contained therein which are summarized initial 3 years of proposed operations are CORP. below. stated to be: ,J /' The aforesaid order dated March 28, Order Suspending Trading 1963 authorized Service Co, to perform F ebruary First year Second Third year 25,1965. fdr associate companies in the Middle year The common stock, 10 cents par value, South System the system planning, co of Continental Vending Machine Corp., ordination and other services theretofore Annual (Mcf). iit 29,378 35;13T-' 40,741 being listed and registered on the Amer performed for such companies by Middle Peak day (Mc£)_. 284 342 397 ican Stock Exchange and having un South at its expense and by associate listed trading privileges on the Phila Operating companies at cost, and to take Total estimated cost of Applicant’s delphia - Baltimore - Washington Stock over as soon as practicable the wide ^proposed construction, including trans Exchange, and the 6 percent convertible range of additional services then being mission facilities and distribution system, subordinated debentures due September purchased from outside suppliers. In is stated to be $140,000, and will be fi 1,1976 being listed and registered on the order to accomplish these objectives, nanced with a loan of $100,000 from the American Stock Exchange, pursuant to Service Co. was permitted to transfer to Merchants National Bank & Trust Co. provisions of the Securities Exchange Act its payroll certain personnel then In the of Indianapolis, ind. and with internally of 1934; and employ of Middle South and associate generated funds. It appearing to the Securities and Ex operating companies, who had been per Protests or petitions to intervene may change Commission th a t the summary forming services for other System com be filed with the Federal Power Commis suspension of trading In such securities panies, and to procure additional person sion, Washington, I>.C., 20426, in accord on such Exchanges and otherwise than nel from other sources as required. ance with the rules of practice and pro on a national securities exchange is re Service Co. commenced operations on cedure <18 CFR 1.8 or 1.10) on or before quired in the public interest and for the August 16, 1963 with a staff of 11 em March 16,1965. protection of investors; ployees, rendering services to all associ torn* 10 J o seph H .G u t r id e , It is Ordered, “Pursuant to sections 15 ate companies at cost allocated on the -«scfcn .thimd . Secretary. .(c) (5) and 19(a) (4) of the Securities basis of benefits conferred in accordance [PR. Doc. 65-2169; Flled,Mar;: 2, 1965; Exchange Act of 1934» .That trading in with the cost allocation plan set forth in 8:46 a.m.] .**?£;* such securities bn tire American Stock the application-declaration. Services, Exchange, the Philadelphia-Baltimore- consisting initially of executive j*“" Washington Stock Exchange, and other visory, public relations and engineenffij wise than on a national securities ex advisory, later were expanded to memo® ■ HOUSING AND HOME change be summarily suspended, this finance and accounting, tax, and a order to be effective for the period Febru development advertising. During FINANCE AGENCY - i ary 26,1965, through March 7,1965, both period, insurance consulting and aow- dates inclusive. ory services were cb m m en ced on a n» Office of the Administrator ited basis with plans in progress top By the Commission. ACTING REGIONAL DIRECTOR OF vide complete services of this type m near future. In addition, Service C ADMINISTRATION, REGION KN EW [SEAL] ORVAL L. DUBOIS, Secretary. pany has undertaken studies to d YORK) mine the feasibility of establishing [P R . Doc. 65r-2159; F iled, Mar. 2, 1965; Designation processing _ 8:45 ajrj.J tralized electronic data The ofQcers appointed to the following cilities for the Middle S o u th . Sy . listed positions in Region I (New York) Service Co.’s staff has been exP ^ f are hereby designated to serve as Acting [File No. 37-68] 26 with a present annual payroll o proximately $335}550. opntem- Regional Director of Administration, MIDDLE SOUTH SERVICES, INC. AND In the 12-month period ended Sept Region I, during the absence of the MIDDLE SOUTH UTILITIES, INC. Regional Director of Administration, ber 30, 1964, Service Co. billed ass _ with all the powers, functions, and Notice of Request for Permanent Au companies service charges to duties delegated or assigned to the thorization of Organization and $712,897, Of which $91,140, or ^nd cent, was charged to Middle S ° u _ Regional Director of Administration, Conduct of Business of Subsidiary provided that no officer is authorized to $621,757, or 87.2 percent, w as serve as Acting Regional Director unless Service C o m p a n y an d Related to associate operating compam • all other officers whose titles precede his Transactions eluded in these totals are expense, ^ in this designation are unable to act by F e br u a r y 25,1965. ferred from Middle South to Se ^ reason of absence:' Notice is hereby given that Middle In the amount of $235,242, of ^ 1. <2hief, Budget and Management South Utilities, Inc. (“Middle South* ■), $154,354, or 65.6 percent was »“ $80. Branch. ’;" ', 280 Park Avenue, New York, N.Y., a associate operating com p am es a ^ 2. Chief . Cieneral Services Branch. registered holding company, and Middle 888, or 34.4 percent, waschargeau ^ ; 3. Chief; Accounting Branch. South Services, Inc. (“Service Com Middle South. Other contemP^ This designation supersedes the desig pany”), a wholly-owned subsidiary com transfers of expense from Midme ^ nation effective December 13, 1962 (27 pany of Middle South, have filed an to Service Co. were not comp* ^ F.R. 12991, December 29,1962). amendment to their joint application- January 1, 1965. It suchit ^een in effect during the . ^ (HoUsing and Home Finance Administrator’s declaration, pursuant to sections 6(a), delegation effective May 4, 1962 (27 PJt. 7, 9(a), 10, 12 CUMULATIVE LIST OF CFR PARTS AFFECTED— MARCH The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during March. 3 CFR 14 CFR p*s® 39 CFR Page Proclamations : 39___,.----- ______2655 17------—— ------_____ 2659 3638__ 9RQQ 3639 _ Tl— — 2655, 2702 9fi41 207— ______------;______2655 43 CFR 3640— 9R49 295-----_____- ______2656 Executive Order* P ublic L and O rders : P roposed R u l e s : 11200 _ 9 3276 (revoked in part by FLO 39—------______2682, 2718 3 5 5 1 ) —______2661 5 CFR 71— ____ ,___ 2682 213__ 3551______— 2661 F ¿lU l 249___—------______2713 3552____—____’---- £ 2661 6 CFR 3553.------.__ 2661 540- 17 CFR 3554— _____—-- 2661 ¿049 230— -----—.______2657 7 CFR 3555— ------—.------2661 301. 20 CFR 3556_------r_---2662 408------2650 404----- 2703 3557—______2662 814__ A fill 2701 21 CFR 46 CFR 1464__ ¿ODU 120— _------— ------2704 P roposed R u l e s : £ h - x v i ____ — ¿b o i 121------2657,2704 251__— ------_y______2681 ¿00 J. Proposed Rules* 146— ------___— ...... 2704 1099__ 24 CFR I 47 CFR 1136. 0------2705 * CFR 200------______2657 1------_------— .___ 2705 72___ 203__.— ______------______2657 95_— ______2706 2702 26 CFR 97------____ 2705 JJ CFR 275-----: ------2658 Aool P roposed R u l e s : 49 CFR 13 CFR 1-— :------—------2663,2669 10— ------2662 107.. 95------2712 Proposed Rules -2654 38 CFR 170-,------2712 17------2705 P roposed R u l e s : No. 4i----8 2683 21------2705 450-— ______2719 Know Your Government The United States Government Organization Manual is the official guide to the functions of the Federal Government. $f .7 5 JL per copy. Paper bound, with charts Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C., 2 0 402