FEDERAL REGISTER VOLUME 31 • NUMBER 120

Wednesday, June 22, 1966 • Washington, D.C. Pages 8615-8672

(Part II begins on page 8667)

Agencies in this issue— Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Budget Bureau Civil Aeronautics Board Civil Service Commission Commodity Credit Corporation Consumer and Marketing Service Customs Bureau Defense Department Economic Opportunity Office Federal Aviation Agency Federal Communications Commission Federal Power Commission Federal Trade Commission General Services Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau Mines Bureau National Park Service Securities and Exchange Commission Small Business Administration Social Security Administration Detailed list of Contents appears inside.

No. 120—Pt. I- 1 How To Find U.S. Statutes and U.S. Code Citations

[Revised Edition—1965]

This pamphlet contains typical legal cluded. Examples are furnished at references which require further cit­ pertinent points and a list of refer­ ing. The official published volumes ences, with descriptions, is carried in which the citations may be found at the end. are shown alongside each refer­ This revised edition contains il­ ence—with suggestions as to the lustrations of principal finding aids logical sequence to follow in using and reflects the changes made in them. Additional finding aids, the new master table of statutes set some especially useful in citing cur­ out in the 1964 edition of the United rent legislation, also have been in- States Code.

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AGRICULTURAL STABILIZATION CUSTOMS BUREAU Notices Hearings, etc.: AND CONSERVATION SERVICE Notices American Telephone and Tele­ Rules and Regulations Thiourea from West Germany; graph Co., et al. (3 docu­ Rice; 1966 rate of penalty------8619 antidumping proceeding notice- 8641 ments) ______- 8649,8651 Upland cotton; transfer of acre­ Brown Broadcasting Co.,; and age affected by natural disaster- 8619 Dixie Broadcasting Corp:------8651 DEFENSE DEPARTMENT Island Broadcasting System Rules and Regulations (WRIV), Inc______8651 AGRICULTURE DEPARTMENT Kentucky Central Television, See also Agricultural Stabilization Standards of conduct; implement­ In c ______:------;------8652 and Conservation Service; Com­ ing regulations----- _—------8621 Lamar Life Broadcasting Co— 8649 modity Credit Corporation ; Telesystems Corp------8654 Consumer and Marketing Serv­ ECONOMIC OPPORTUNITY Tri-State Broadcasters, Inc., ice. Emmet Radio Corp------8654 Notices OFFICE Washington Broadcasting Co., and WOL, Inc______i ------8649 Emergency loans: Rules and Regulations Kansas------8647 WUST, Inc. (WUST) et al____ 8649 Ohio______8647 Community action programs; cri­ FEDERAL POWER COMMISSION Texas______8647 teria for grants exceeding 90 percent of program costs-—— 8623 Notices ATOMIC ENERGY COMMISSION Hearings, etc.: FEDERAL AVIATION AGENCY Michigan Wisconsin Pipe Line Notices Co______l__.— 8655 University of New Mexico; pro­ Rules and Regulations Town of Preston, Iowa and posed issuance of construction Control zone, control area exten­ Northern Natural Gas Co----- 8655 permit______8647 sion and transition area; altera- ' Town of Sabula, Iowa and tion, revocation and designa­ Northern Natural Gas Co----- 8656 BUDGET BUREAU tion - ______— -— - 8620 FEDERAL TRADE COMMISSION Notices Control zone and transition areas; designation and alteration—— ; 8620 Rules and Regulations Report on utilization and advisory Federal airways; alteration—;---- 8621 Administrative opinions and rul­ committees during 1965; notice Transition area and control area ings: of availability_____.___ - __ __ 8648 extension; designation and rev­ Disclosure of terms and condi­ ocation—------8620 tions in -guarantee advertis­ CIVIL AERONAUTICS BOARD Proposed Rule Making ing ______i______8621 Notices Pledge of adherence to FTC Hearings, etc.: Control zone and transition area: trade practice rules as a con­ International Air Transport Proposed alteration and desig­ dition to membership in trade nation- ____ 8637 association______;____ 8621 Association______8648 Proposed designation______8636 Western Montana service in­ GENERAL SERVICES vestigation ____;______8648 Notices ADMINISTRATION Manila, Republic of the Philip­ CIVIL SERVICE COMMISSION pines; notice of consolidation, Rules and Regulations Rules and Regulations closing, and establishment__8649 Special and directed sources of Excepted service: supply; use of aluminum------8621 Commerce Department- ______8619 FEDERAL COMMUNICATIONS INTERIOR DEPARTMENT Health, Education, and Welfare See Land Management Bureau; Department______8619 COMMISSION Mines Bureau; National Park Mississippi; voting rights pro­ Rules and Regulations Service. gram (2 documents)______8623 Notices Aviation services: INTERNAL REVENUE SERVICE Application for aircraft radio Deputy Commissioner of Educa­ station licenses------8627 Notices tion; manpower shortage_____ 8648 Use of emergency frequency by Assistant Commissioner (Compli­ additional aeronautical ance) et al.; delegations of COMMODITY CREDIT ground stations______8628 authority______8641 Expanded use of UHF channels— 8623 INTERSTATE COMMERCE CORPORATION Radio broadcast services; miscel­ Notices laneous amendments______8625 COMMISSION 1965-crop loan cotton; notice of Notices acquisition by CCC______8642 Proposed Rule Making Fourth section applications for Sales of certain commodities; June FM broadcast stations; table of relief-______— — ------8658 sales list------___----- ___ 8643 assignments: Motor carrier: Alternate route deviation no­ Glens Falls, N.Y— ______— _ 8638 tices ______8658 CONSUMER AND MARKETING Rochester, Minn______8639 Applications and certain other SERVICE Standard broadcast stations; cal­ proceedings (2 documents) __ 8660, Proposed Rule Making culating radiation_____»______8637 8661 Transfer proceedings— ------— 8662 k* Cent'ra,l Illinois and subur- Test of mobile secondary fre­ ^an, St. Louis marketing areas; quency sharing; final action de­ Intrastate applications_i___ _ 8661 decision____ 8« ferred______8640 (Continued on next page) 8617 8618 CONTENTS

LAND MANAGEMENT BUREAU SMALL BUSINESS Notices ADMINISTRATION Colorado; proposed withdrawal Notices and reservation of lands______8641 Assistant Regional Director for Oregon; proposed classification of Disaster Loans, New Orleans; public lands______8642 delegation of authority______8657 Declaration of disaster areas; MINES BUREAU Florida______8657 Proposed Rule Making Kansas______8656 Methane-Monitoring systems; Oklahoma______8656 procedures for investigation, Loan specialist assigned to all tests, and certification______8630 financial assistance division programs; delegation of author­ NATIONAL PARK SERVICE ity__ , ______8658 Notices SOCIAL SECURITY Signal Mountain Lodge, Inc.; Grand Teton National Park; ADMINISTRATION notice of intention to negotiate Proposed Rule Making concession contract______8642 Conditions for coverage of services SECURITIES AND EXCHANGE of independent laboratories____ 8668 COMMISSION TREASURY DEPARTMENT Notices Elkton Co.; order suspending See Customs Bureau; Internal trading______8656 Revenue Service.

List of CFR Parts Affected

(Codification Guide)

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

5 CFR 16 CFR 41 CFR 213 (2 documents) 8619 15 (2 documents) 8621 1-5 8621 7 CFR 20 CFR 45 CFR 801 (2 documents) 8623 722______8619 P roposed R ules; 1030______8623 730—II—IIIII~IIIIIII"IIIIIIIII 8619 405------8668 P roposed R ules; 47 CFR 1032______8634 30 CFR 73 (2 documents). 8623,8625 1050______8634 8627,8628 P roposed R ules : 87 (2 documents). 8630 P roposed R ules: 14 CFR 27------73 (3 documents). 8637-8639 71 (4 documents)_____ !____ 8620, 8621 qo rp p 89______8640 P roposed R ules: v-rn 91—______8640 71 (2 documents)______8636,8637 40______8621 93______•" 8640 8619 Rules and Regulations

(R.S. 1753, sec. 2, 22 Stat. 403, as amended; (Secs. 344(n), 375; 78 Stat. 177, 52 Stat. 66, 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, as amended; 7 U.S.C. 1344(n), 137.5) Title 5— ADMINISTRATIVE 3 CFR, 1954-1958 Comp., p. 218) Effective date. Date of filing this doc­ PERSONNEL U nited S tates Civil S erv­ ument with the Director, Office of the Chapter I— Civil Service Commission ice Commission, Federal Register. [seal] Mary V. W enzel, PART 213— EXCEPTED SERVICE Executive Assistant to Signed at Washington, D.C., on June 16, 1966. Department of Commerce the Commissioners. [F.R. Doc. 66-6830; Filed, June 21, 1966; R oland F. Ballou, Section 213.3214 is amended to show 8:51 a.m.] Acting Administrator, Agricul­ that the positions of Special Assistant for tural Stabilization and Con­ Traffic Safety Program Planning, the servation Service. Special Assistant‘for Traffic Safety Re­ [F.R. Doc. 66-6774; Filed, June 21, 1966; search Coordination, and the Special Title 7— AGRICULTURE 8:46 a.m.] Assistant for Traffic Safety Research Testing and Demonstration, in the Office Chapter VII— Agricultural Stabiliza­ of the Under Secretary for Transporta­ tion and Conservation Service [Amdt. 7] tion, are excepted under Schedule B. (Agricultural Adjustment), Depart­ PART 730— RICE Effective on publication in the F ederal ment of Agriculture Subpart— Rice Marketing Quota Reg­ Register, a new paragraph (c) is added SUBCHAPTER B— FARM MARKETING QUOTAS ulations for 1964 and Subsequent as set out below. AND ACREAGE ALLOTMENTS Crop Years [Amdt. 4] § 213.3214 Department of Comm erce. 1966 R ate of P enalty * * * * * PART 722— COTTON The amendment herein is issued under (c) Office of the Under Secretary for Subpart— Acreage A llotm ents for and in accordance with the provisions Transportation. (1) Special Assistant of the Agricultural Adjustment Act of 1966 and Succeeding Crops of 1938, as amended. for Traffic Safety Program Planning. Upland Cotton (2) Special Assistant for Traffic The purpose of this amendment is to Safety Research Coordination. T ransfer of Cotton Acreage Affected announce the rate of penalty applicable by Natural D isaster to excess rice produced in the 1966 crop (3) Special Assistant for Traffic year. Safety Research Testing and Demon­ Basis and purpose. This amendment Under the Act, the penalty rate per stration. is issued pursuant to the Agricultural pound on the farm marketing excess is Adjustment Act of 1938, as amended (52 equal to 65 per centum of the parity (R.S. 1753, sec. 2, 22 Stat. 403, as amended; Stat. 31, as amended; 7 U.S.C. 1281 et 5 U.S.C. 631, 633; E.O. 10577, 19 FJt. 7521, 3 price per poùnd for rice as of June 15 CFR, 1954-1958 Comp., p. 218) seq.). The purpose of this amendment of the calendar year in which the crop is to designate States and counties that is produced. United S tates Civil S erv­ have been affected by a natural disaster Since rice will shortly be harvested in ice Commission, within the meaning of section 344 (n) of the act for the 1966 crop. some parts of the rice-producing areas [seal] Mary V. W enzel, and since the rate of penalty is essen­ Executive Assistant to In order that determinations with the Commissioners. respect to transfers of acreage for the tial in computing the amount of penalty 1966 crop may be made prior to the end on any excess rice production, it is im­ [F.R. Doc. 66-6829; Filed, June 21, 1966; of the cotton planting season, it is essen­ 8:51 a.m.] portant that this amendment be issued tial that this amendment be made effec­ and made effective as soon as possible. tive as soon as possible. Accordingly, it is hereby determined and found that In addition, calculation of the rate of PART 213— EXCEPTED SERVICE compliance with the notice, public pro­ penalty is a mathematical determination. cedure, and 30-day effective date re­ Accordingly, it is hereby found that com­ Department of Health, Education, quirements of section 4 of the Admin­ pliance with the notice, public procedure, and Welfare istrative Procedure Act (60 Stat. 238; 5 and effective date provisions of section U.S.C. 1003) is impracticable and con­ ,^®ec^on 213.3316 is amended to show 4 of the Administrative, Procedure Act (5 trary to the public interest and this U.S.C. 1003) is unnecessary and contrary k&t the position of Deputy Assistant amendment shall be effective upon filing Secretary for Science and Population is of this document with the Director, to the public interest, and this amend­ excepted under Schedule C. Effective Office of the Federal Register. ment shall become effective as provided Publication in the F ederal R egister, Section 722.430(h) of the regulations herein. subparagraph (6) is added to paragraph for Acreage Allotments for 1966 and Section 730.1573 is amended by adding Succeeding Crops of Upland Cotton (31 at the end thereof the following sen­ h) as set out below. F.R.'5300, as amended) is amended by adding the following additional coun­ tence: “The rate of penalty applicable § 213.3316 Department of Health, Edu­ to the 1966 crop of rice shall be 4.43 cation, and Welfare. ties to the list of designated States and counties: cents per pound. This is 65 per centum ***** Arkansas of the parity price as of June 15, 1966, (h) Office of the Assistant Secretary St. Francis Lee which is determined to be 6.83 cents per pound.” or Health and Scientific Affairs. * * * T ennessee f J 6i .°ne Deputy Assistant Secretary Fayette Madison Effective date. Date of publication in or ^ence and Population. Haywood the F ederal R egister.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8620 RULES AND REGULATIONS

(Secs. 356, 375, 52 Stat. 62, as amended, 66, as (Sec. 307(a) of the Federal Aviation Act of [Airspace Docket No. 65-AL-19] amended; 7 U.S.C. 1356, 1375) 1958; 49 U.S.C. 1348) PART 71— DESIGNATION OF FEDERAL Signed at Washington, D.C., on June Issued in Los Angeles, Calif., on June AIRWAYS, CONTROLLED AIRSPACE, 16,1966. 14, 1966. AND REPORTING POINTS R oland F. B allou, J oseph H. T ippets, Acting Administrator, Agricul­ Director, Western Region. Designation of Transition Area, and tural Stabilization and Con­ [F.R. Doc. 66-6802; FUed, June 21, 1966; Revocation of Control Area Exten­ servation Service. 8:48 a.m.] sion [F.R. Doc. 66-6775; Filed, June 21, 1966; 8:46 a.m.] On March 30, 1966, a notice of pro­ [Airspace Docket No. 65-PC-5J posed rule making was published in the F ederal R egister (31 F.R. 5132) stating PART 71— designation o f f ed er a l that the Federal Aviation Agency was Title 14— AERONAUTICS AND AIRWAYS, CONTROLLED AIRSPACE, considering amendments to Part 71 of AND REPORTING POINTS the Federal Aviation Regulations that would designate a transition area in the SPACE Alteration of Control Zone, Revocation vicinity of Cordova, Alaska. Chapter I— Federal Aviation Agency of Control Area Extension, and Des­ Interested persons were afforded an ignation of Transition Area [Airspace Docket No. 66-WE-32J opportunity to participate in the pro­ On March 17, 1966, a notice of pro­ posed rule making through the submis­ PART 71— DESIGNATION OF FEDERAL posed rule making was published in the sion of comments. Comments were re­ AIRWAYS, CONTROLLED AIRSPACE, F ederal R egister (31 F.R. 4520) stating ceived from the AOPA stating that one AND REPORTING POINTS that the Federal Aviation Agency was or both of the control zone extensions considering amendments to Part 71 of could be reduced in length and still com­ Designation of Control Zone, Desig­ the Federal Aviation Regulations that ply with current criteria for control zone nation of Transition Area, and Al­ would alter the controlled airspace in extensions. However, our review of the teration of Transition Area the vicinity of Kwajalein Island, Mar­ control zone extension to the southwest shall Islands. indicates that this extension just meets On May 10,1966, a notice of proposed Interested persons were afforded an existing criteria and cannot be reduced rule making was published in the F ed­ opportunity to participate in the pro­ in length. The extension to the south­ eral R egister (31 F.R. 6873) stating that east could be reduced by approximately the Federal Aviation Agency proposed to posed rule making through the submis­ 1 mile. However, it would be necessary designate a control zone and a transition sion of comments. No comments were to replace this portion of the extension area at Hillsboro, Oreg. received. with a 700-foot floor transition area Interested persons were afforded an In consideration of the foregoing, Part which, in turn, would be located within opportunity to participate in the rule 71 of the Federal Aviation Regulations a 1,200-foot floor transition area. We making through submission of comments. is amended, effective 0001 e.s.t., August feel that the uncontrolled airspace to be The one comment received was favorable. 18,1966, as hereinafter set forth. gained from these measures is negligible, In consideration of the foregoing, Part 1. In § 71.165 (31 F.R. 2055) the Kwaj­ alein Island control area extension is and would be almost indiscernible on 71 of the Federal Aviation Regulations is aeronautical charts. amended, effective 0001 e.s.t., August 18, revoked. Although not mentioned in the notice, 1966, as hereinafter set forth. 2. In § 71.171 (31 F.R. 2065) the Kwaj­ alein Island control zone is amended action is taken herein to revoke the Cor­ In § 71.171 (31 F.R. 20651 the following dova control area extension. This action control zone is added: to read: will reduce the size of presently desig­ K wajalein Island, Marshall I slands nated controlled airspace and raise, in Hillsboro, Oreg. part, the floor of the controlled airspace Within a 5-mile radius of Hillsboro Air­ Within a 5-mile radius of the Kwajalein from 700 to 1,200 ieet above the surface. port (latitude 45°32'15'' N., longitude 122° Island AAF (latitude 08°43' N., longitude 56'30" W.), and within 2 miles each side of 167°44' E.); within 2 miles each side of the Therefore, notice and public procedure the Newberg, Oreg., VORTAC 007° radial, ex­ Kwajalein TACAN 248° radial, extending hereon are unnecessary. tending from the 5-mile radius zone to 8 from the 5-mile radius zone to 6 miles W In consideration of the foregoing, Part miles S of the airport. This control zone of the TACAN; within 2 miles each side of 71 of the Federal Aviation Regulations will be effective during the time established the 008° bearing from the Kwajalein RBN, is amended, effective 0001, e.s.t., August in advance by a Notice to Airmen and con­ extending from the 5-mile radius zone to 18, 1966, as hereinafter set forth. tinuously published in the Airman’s Infor­ 12 miles N of the RBN; and within 2 miles 1. In § 71.165 (31 F.R. 2055) the Cor­ mation Manual. each side of the 078° bearing from the Kwa­ jalein RBN, extending from the 5-mile ra­ dova, Alaska, control area extension is In § 71.181 (31 F.R. 2149) the follow­ dius zone to 8 miles E of the RBN. revoked. ing transition area is added: 2. In § 71.181 (31 F.R. 2149) the fol­ 3. In § 71.181 (31 F.R. 2149) the fol­ lowing transition area is added: Hillsboro, Oreg. lowing transition area is added: Cordova, Alaska That airspace extending upward from 700 K wajalein I sland, Marshall Islands feet above the surface within a 5-mile radius That airspace extending upward from 700 of the HUlsboro Airport (latitude 45°32'15" That airspace extending upward from 700 feet above the surface within 5 miles NW ana N., longitude 122°56'30" W.) , and within 2 feet above the surface within a 12-nmi ra­ 8 miles SE of the Cordova RR SW course, ex­ miles of each side of the Newberg, Oreg., dius of the Kwajalein TACAN; and that air­ tending from 8 miles SW of the Cordova R VORTAC 007° and 187° radials, extending space extending upward from 1,200 feet above to 13 miles SW of the INT of the SW course from the 5-mile radius area to 1 mile S of the surface within a 100-nmi radius of the of the Cordova RR and the E course of the the VORTAC; that airspace extending up­ Kwajalein TACAN. Hinchinbrook RR; and that airspace ex­ ward from 1,200 feet above the surface tending upward from 1,200 feet above t within 15 miles SE and 10 miles NW of the (Secs. 307(a) and 1110 of the Federal Avia­ surface within 5 miles NE and 8 miles SW o Newberg VORTAC 024° and 204° radials, ex­ tion Act of 1958; 49 U.S.C. 1348 and 1510, the Cordova RR SE course, extending from tending from 12 miles NE to 27 miles SW of and Executive Order 10854; 24 F.R. 9565) 13 miles SE of the Cordova RR to 13 mile SE of the INT of the SE course of the Cordova the VORTAC. Issued in Washington, D.C., on June RR and the E course of the Hinchinbroox In § 71.181 (31 F.R. 2242) the Port­ 16, 1966. RR; within 8 miles N and 5 miles S of tne Hinchinbrook RR E and W courses, extend­ land, Oreg., transition area is amended T. M cCormack, ing from 7 miles W to 13 miles E of the by deleting “and within 2 miles each side Acting Chief, Airspace and Hinchinbrook RR. of the Newberg, Oreg., VORTAC 007® Air Traffic Rules Division. (Seds. 307(a) and 1110 of the Federal Avia­ radial, extending from the 23-mile radius [FE. Doc. 66-6803; Filed, June 21, 1966; tion Act of 1958; 49 U.S.C. 1348 and 151U, area to the VORTAC.” 8:48 a.m.] and Executive Order 10854; 24 F.R. 9565)

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 RULES AND REGULATIONS 8621 Issued in Washington, D.G., on June 16, that it would be improper in commercials Commission. This, of course, assumes 1966. - - ' - - it produces for local automobile dealers that the pledge will be required of all T. M cCormack, to mention the manufacturer’s guarantee applicants alike.” Acting Chief, Airspace and but to refer viewers to the manufacturer’s Air Traffic Rules Division. national advertising for a description of (38 Stat. 717, as amended; 15 U.S.C. 41-58) [F.R. Doc. 66-6804; Filed, June 21, 1966; the guarantee’s terms. - Issued: June 21,1966. 8:49 a.m.] (b) “In brief,” the Commission’s ad­ By direction of the Commission. visory opinion stated, “the law requires that when a guarantee is mentioned in [seal] J oseph W. S hea, [Airspace Docket No. 65-SW-29 ] the advertising of a product all the ma­ Secretary. PART 71*—DESIGNATION OF FEDERAL terial terms and conditions of the guar­ [F.R. Doc. 66-6745; Filed, June 21, 1966; antee must be clearly and conspicuously 8:45 a.m.] AIRWAYS, CONTROLLED AIR­ disclosed in the same advertisement. SPACE, AND REPORTING POINTS The objective is to avoid the possibility Alteration of Federal Airways of a reader or hearer being misled by concluding, erroneously, that the guar­ Title 32— NATIONAL DEFENSE On April 29, 1966, Federal Register antee is broader or affords more protec­ Document No. 66-4688 was published in tion than is in fact the case, and, obvi­ Chapter I— Office of the Secretary of the Federal R egister (31 F.R. 6484) and, ously, this objective is not attained by a Defense in part, amended V-16 and V-198. These mere reference in the advertisement to actions are effective June 23, 1966. The the fact that one may ascertain the terms SUBCHAPTER B— PERSONNEL; MILITARY AND south alternate airway to V-16 between and conditions of the guarantee by look­ CIVILIAN Tucson, Ariz., and Cochise, Ariz., was in­ ing elsewhere. advertently omitted from the document. (c) “The Commission is aware of the PART 40— STANDARDS OF CONDUCT In addition, a recomputation of airway fact that the advertising of automobile mileages determined that the distance guarantees may present complications —; Implementing Regulations between Hudspeth, Tex^ and the INT because of the numerous conditions The following § 40.735-16 is to be of Hudspeth 109° and Fort Stockton, which the guarantees contain. But this added to Part 40, published at 31 F.R. Tex., 284° radials should be 67 nautical factor alone makes the disclosure all the 4989: miles instead of 66 nautical miles. Cor­ more important in order to avoid decep­ rective action is taken herein. tion of consumers.” § 40.735—16 Implementing regulations. Since these actions are minor in nature (38 St-at. 717, as amended; 15 US.C. 41-58) The military departments and Defense and will not affect the general public, agencies shall issue implementing regu­ notice and public procedure hereon are Issued: June 21,1966. lations not inconsistent with this part. unnecessary and they may be made ef­ By direction of the Commission. Two copies of such implementing regu­ fective immediately. lations of the military departments and In consideration of the foregoing, Fed­ [seal] J oseph W. S hea, Defense agencies will be submitted to eral Register Document No. 66-4688, Secretary. the General Counsel, DoD, for approval Items 6 and 44 are amended effective [F.R. Doc. 66-6744; Filed, June 21, 1966; prior to publication. Implementing reg­ immediately as hereinafter set forth. 8:45 a.m.j 1. Item 6 is amended as follows: ulations of the military departments, In V-16 “Cochise, Ariz.;” is deleted after approval, may be submitted for and “Cochise, Ariz., including an S PART 15— ADMINISTRATIVE publication in the F ederal R egister. alternate via INT Tucson 122° and Co­ OPINIONS AND RULINGS M aurice W. R oche, chise 257° radials;” is substituted there­ Director, Correspondence and for, Pledge of Adherence to FTC Trade Directives Division, OASD 2. Item 44 is amended as follows: Practice Rules as a Condition to (Administration). v~198 “12 AGL Hudspeth; 29 mi. 12 Membership in Trade Association [F.R. Doc. 66-6795; Filed, June 21, 1966; nii. 82 MSL,” is deleted and “12 8:48 a.m.] Hudspeth; 29 mi. 12 AGL, 38 mi. 82 § 15.64 Pledge of adherence to FTC MSL> ’ is substituted therefor. trade practice rules as a condition to membership in trade association. iqko‘ of the Federal Aviation Act of 1958; 49 U.S.C. 1348) (a) A trade association proposing to Title 41— PUBLIC CONTRACTS require applicants for membership to 1966Ued^ WasWn8ton* DC., on June 16, certify to it that they are following the AND PROPERTY MANAGEMENT Federal Trade Commission’s trade prac­ T. M cCormack, Acting Chief, Airspace and tice rules for the industry involved, as a Chapter 1— Federal Procurement Air Traffic Rules Division. condition of membership, has been ad­ Regulations vised by the Commission that this would FR. Doc. 66-6805; Filed, June 21, 1966; 8:49 a.m.] not be illegal. PART 1-5— SPECIAL AND DIRECTED (b) The association informed the FTC SOURCES OF SUPPLY it is aware of the fact that it is not au­ thorized to enforce the law, but that it Subpart 1—5.10— Use of Excess Title 16-COMMERCIAL feels those who do not observe the rules Aluminum are not operating their businesses in a PRACTICES manner which is strictly in the public This amendment prescribes policies interest and therefore should not be and procedures for implementing the Chapter I— Federal Trade Commission eligible for membership. It stated that Government Use Program regarding the PART 15— ADMINISTRATIVE it contemplates no enforcement program purchase of excess aluminum in the Gov­ OPINIONS AND RULINGS beyond requiring the pledge and referral ernment stockpile by Government con­ of appropriate cases to the Commission. tractors, subcontractors, and suppliers. sdosure of Terms and Conditions in • (c) “On the basis of the information These policies and procedures are set Guarantee Advertising you have presented,” the FTC’s advisory forth in a new Subpart 1-5.10 and are "»In Disclosure of terms and condi- opinion said, “the Commission has con­ mandatorily applicable to all civilian^ ns in guarantee advertising. cluded that the inclusion of this pledge executive agencies. They replace the on the application for membership would permissive procedures previously pre­ rts&i ht iflevisi°n station has been ad- not, in and of itself, appear to violate y the Federal Trade Commission scribed in FPR Temporary Regulation any of the laws administered by the No. 3, February 21, 1966 (31 F.R. 3271).

FEDERAL REGISTER, VOL. 31> NO. 120— WEDNESDAY, JUNE 22, 1966 8622 RULES AND REGULATIONS

Part 1-5 is amended by adding a new § 1—5.1001—2 Contract clause. without the need for physically incorporat­ Subpart 1-5.10 reading as follows: ing this clause in its entirety in each affected R equired Source for Alum inum I ngot subcontract or purchase order. Subpart 1—5.10— Use of Excess Aluminum (a) As used in this clause (i) the term (f) In placing subcontracts and purchase “aluminum products” means aluminum or orders subject to the clause, the Contractor Sec. aluminum alloy in its last commercial form and all subcontractors and suppliers are au­ 1-5.1000 Scope. \ delivered by the producer, mill, or foundry thorized and encouraged to consolidate 1-5.1001 Use of excess aluminum in Na­ as an end item under this contract, or used aluminum product purchases hereunder with tional Stockpile. to produce an end item under this contract, other defense rated order purchases (ACM, 1-5.1001-1 Government Use Program. such as by way of example (but not limited DO, or DX) and other identifiable Govern­ 1-5.1001-2 Contract clause. to) wrought aluminum products; forgings ment orders so as to apply the requirements 1-5.1001-3 Contract clause for construction and castings; rolled bar, rod, structural of this clause to the total purchase. Other­ contracts. shapes, and bare wire; aluminum conductor wise, it is required either that aluminum Authority: The provisions of this Subpart steel reinforced and bare aluminum cable; product purchases subject to this clause be 1-5.10 issued under sec. 205(c), 63 Stat. 390; insulated or covered wire or cable; extruded separately made, or, if consolidated with 40 U.S.C. 486(c). bar, rod, shapes and tube (extruded, drawn other aluminum product purchases, that the and welded tube); sheet, strip and plate; pig quantities (by weights) of aluminum prod­ § 1—5.1000 Scope. or ingot; granular or shot; slab; foil; and ucts subject to this clause be separately set powder, flake or paste; and (ii) the term forth in the purchase document and identi­ This subpart sets forth policies and "supplier” includes vendors, materialmen, fied as subject to this clause. procedures regarding the use of excess warehousemen, distributors or manufacturers (g) Required purchases of aluminum from aluminum in the National Stockpile. of aluminum products or other items con­ GSA by Contractors, subcontractors, or sup­ taining aluminum in any form. pliers, shall be made within 90 days from the § 1—5.1001 Use of excess aluminum in (b) Except as provided in (c), below, the date (i) of final delivery pursuant to a con­ National Stockpile. Contractor (or subcontractor or supplier, tract, subcontract, or purchase order con­ where applicable) shall purchase from the taining the requirements of this clause, or § 1—5.1001—1 Government Use P ro­ General Services Administration (GSA) a (ii) when the Contractor, subcontractor, or gram . quantity of aluminum pig or ingot equal in supplier, has completed deliveries of alumi­ weight to the gross weight of aluminum prod­ num products aggregating 100,000 pounds, (a) It has been determined to be in ucts constituting, or used in the production whichever is earlier: Provided, however, That the public interest to establish a Govern­ of, the items to be delivered under this con­ any Contractor, subcontractor, or supplier, ment Use Program requiring, to the tract. Such purchase shall be in accordance may defer required purchases of aluminum maximum practicable extent, purchase with the terms and conditions of sale pre­ for the purpose of consolidating purchases of excess aluminum in the Government scribed therefor by GSA. Each order placed to meet the requirement of two or more con­ with GSA pursuant to this clause shall state tracts, subcontracts, or purchase orders con­ stockpile by Government contractors, that it is placed in accordance therewith and taining this clause until 90 days after the directly or through subcontractors or shall be sent to : aggregate purchase requirements of such suppliers, equal in weight to the weight Director, Industry Materials Division, Defense contracts, subcontracts, or purchase orders of aluminum products as defined in Materials Service, General Services Admin­ equal the minimum order quantities estab­ § 1-5.1001-2 purchased by the Govern­ istration, Washington, D.C., 20405. lished by GSA (approximately 10,000 pounds ment or used in the production of items o r . more). Successive consolidated pur­ delivered under Government contracts. Aluminum purchased pursuant to this clause chases thereafter may be made at any time may be used in any manner the Contractor within 90-day intervals. The 90-day limita­ In implementation of this Program, all desires and need not be earmarked in any tions may be extended upon approval in writ­ contracts in the categories listed below way after delivery to the Contractor, nor ing by the GSA. shall contain the clause in § 1-5.1001-2, physically incorporated in the items to be de­ (h) Certain producers of aluminum have or in the case of construction contracts, livered hereunder. entered into contracts with GSA effective as the clause as modified in § 1-5.1001-3: (c) To the extent the Contractor (or sub­ of November 1, 1965, under which they have (1) Purchases in the amount of $500 contractor or supplier, where applicable) made long term commitments to purchase or more of aluminum products as defined places subcontracts or purchase orders for certain minimum and maximum quantities in § 1-5.1001-2. aluminum products or for items other than of aluminum from that Agency. The obli­ aluminum products and containing alumi­ gations of such producers under this clause (2) Purchases of supplies or construc­ num in any form, he is not required with shall be governed by the provisions of those tion in the amount of $25,000 or more respect to such subcontracts or purchase or­ contracts to the extent of any inconsistency. where the aluminum products used in ders to purchase aluminum from the GSA. (i) All purchases made pursuant to this the production of items delivered under However, he agrees to incorporate this clause, clause, other than from GSA, which are rated the contract or in the production of except paragraph (d ): (ACM, DO, or DX) in accordance with DMS items incorporated in Construction per­ (i) In any such subcontract or purchase Regulation 1, NPA Order M-5A and BDSA formed under the contract are estimated order for aluminum products in the total Regulation 2, are subject to the provisions amount of $500 or more; or of those regulations concerning the mainte­ by the contracting officer to approximate (ii) In any such subcontract or purchase nance of records, rights of inspection and 10,000 pounds or more. order in the total amount of $25,000 or more audit, and the penalty provisions contained (b) These provisions do not apply to for any items containing aluminum in any therein fear willful compliance. procurements of supplies-or construction form where the quantity of aluminum prod­ effected by procuring activities located ucts used in the production of such items is § 1—5.1001—3 Contract clause for con­ outside, for use outside, the United estimated to be 10,000 pounds or more. struction contracts. States, its possessions, and Puerto Rico. (d) The Contractor shall furnish to the The clause contained in § 1-5.1001-2 GSA calendar quarter summaries (within 30 shall be modified by deletion of para­ These provisions are applicable to new days following the close of the applicable procurements that are effected by quarter) of all subcontracts and purchase graph (c) thereof and substitution of the amendments to an existing contract. In orders placed by him pursuant to (c) (i) following paragraph in all contracts for such cases, only the new procurement above that will identify (i) each aluminum construction: portion of the total contract is con­ product supplier involved, (ii) the quantity (c) To the extent the Contractor or sub­ sidered in determining whether the (by weight) of aluminum products, and (iii) contractor or supplier, where applicable, clause is required and, if required, the the contract number applicable to specific places subcontracts or purchase orders for extent of its applicability. All contracts quantities. The requirements of this para­ aluminum products, or for items other than graph (d) are applicable only to the prime aluminum products and containing alumi­ entered into including this clause shall Contractor and not to any subcontractor or num in any form, or for construction where be reported to: other supplier hereunder. Ib is reporting the subcontractor is to furnish materials Director, Industry Materials Division, De­ requirement has been approved by the Bu­ containing aluminum in any form, he is not fense Materials Service, General Services reau of the Budget in accordance with the required with respect to such subcontracts Administration, Washington, D.C., 20405. Federal Reports Act of 1942! or purchase orders to purchase aluminum (e) The requirements of this clause are from the GSA. However, he agrees to in­ Such reports shall include the name of not intended to preclude basic agreements or corporate this clause, except paragraph (d) : the contractor, the contract number, other arrangements between the parties to (i) In any such subcontract or purchase the delivery period, and the estimated any contracts (subcontracts or purchase or­ order for aluminum products in the total ders) subject to this clause that will permit amount of $500 or more; or amount of aluminum which will be re­ reference In such contracts to the applica­ (ii) In any such subcontract or purchase quired to fulfill the contract. bility of the requirements of this clause, order in the total amount of $25,000 or more

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 RULES AND REGULATIONS 8623 for any items containing aluminum in any uary 3, 1966; (3) Jackson—848 Lynch Street; which exceeds 90 percent of program form where the quantity of aluminum prod­ June 22,1966; (4) Raymond—UJ3. Post Office; costs, the portion of costs borne by the ucts used in the production of such items is November 8,1965. Office of Economic Opportunity will estimated to be 10,000 pounds or more; or (Secs. 7 and 9 of the Voting Rights Act of (iii) Construction, where the materials are 1965; P.L. 89-110) depend upon the amount which can to be supplied by the subcontractor and the feasibly be raised from non-Federal total value of such materials containing U nited S tates Civil S erv­ sources. In the case of a multicounty alu m in u m (in any form) is estimated to be ice Commission, program, such portion will in no event $25,000 or more, and where the quantity of [seal] Mary V. W enzel, exceed the sum of (1) the costs attribut­ aluminum products used in the production of Executive Assistant to able directly to operations in counties such items is estimated to be 10,000 pounds or more. the Commissioners. having per capita incomes under $750 [F.R. Doc. 66-6919; Filed, June 21, 1966; per annum, and (2) 90 percent of all Effect on other issuances. This 11:16 a.m.] other costs of the program. amendment supersedes FPR Temporary (78 Stat. 519; 42 U.S.C. 2788) Regulation No. 3, February 21, 1966 (31 F.R. 3271). Effective date. Date of signature. Chapter X— Office of Economic Effective date. This amendment is ef­ Opportunity Dated: June 8,1966. fective July 2, 1966, but may be observed PART 1030— COMMUNITY ACTION S argent S hriver> earlier. . Director, Dated; June 15,1966. PROGRAMS Office of Economic Opportunity. Lawson B. K nott, Jr., Criteria for Grants Exceeding 90 [F.R. Doc. 66-6773; Filed, June 21, 1966; Administrator of General Services. Percent of Program Costs 8:46 a.m.] [F.R. Doc. 66-6834; Filed, June 21, 1966; Section 1030.10 of Chapter X of Title 8:51 a.m.] 45 of the Code of Federal Regulations is amended to read as follows: Title 47— TELECOMMUNICATION § 1030.10 Criteria for grants exceeding 90 percent o f program costs. Chapter I— Federal Communications Title 45— PUBLIC WELFARE Commission (a) Purpose. Under section 208(a) of Chapter VIII— Civil Service the Economic Opportunity Act, grants [Docket No. 14229; FCC 66-521] Commission authorized under sections 204 and 205 PART 73— RADIO BROADCAST PART 801— VOTING RIGHTS may exceed 90 percent of the costs SERVICES PROGRAM referred to in those sections if the Di­ rector determines that assistance in ex­ Expanded Use of UHF Television Appendix A; Mississippi cess of 90 percent is required in further­ Channels ance of the purposes of the Act. Such Appendix A to Part 801 is amended as a determination is required to be pur­ Sixth report and order. In the matter set out below to show, under the heading suant to objective criteria adopted and of fostering expanded use of UHF tele­ “Dates, Times, and Places for Filing,” promulgated by the Director. The pur­ vision channels (Gary and Richmond, one additional place for filing in Missis­ pose of this section is to establish criteria Ind.; Owenton, Ky.; Flint, Mich.; sippi: for making grants in excess of 90 percent Kennewick, Wash.; Durham and Raleigh, Mississippi of program costs. N.C.) ; Docket No. 14229, RM-824, RM- County; Place for filing; Beginning (b) General. Assistance granted un­ 821, RM-894, RM-843, RM-879, RM-827. date. ; J der sections 204 and 205 will exceed 90 1. On February 9, 1966, the Commis­ * * - * * * percent of the costs referred to in those sion adopted the fifth report and mem­ sections if the Director determines that orandum opinion and order in this pro­ Humphreys; (1) Belzoni—Post Office both of the following criteria are satis­ ceeding, with a revised assignment plan Building; October 1, 1965; (2) Louise— fied: for UHF television broadcast channels (2 Post Office Building; June 21,1966. (1) The per capita income of the com­ F.C.C. 2d 527, 6 R.R. 2d 1643, 31 F.R. (Secs. 7 and 9 of the Voting Rights Act öf munity to be served by the program, or 2932). At the same time, we adopted 1965; P.L. 89-110) of any county within such community, a further notice of proposed rule making United S tates Civil S erv­ is less than $750 per annum; and in this docket (FCC 66-138) in which ice Commission, (2) A reasonable effort to raise 10 among othe;r things1 we proposed [seal] Mary V. Wenzel, percent of the program cost from noh- changes or additions to the new table of Executive Assistant to Federal sources, both public and private, assignments in response to petitions the Commissioners. has been made without success. which were filed after the adoption of the new table in the fourth report and IPJt. Doc. 66-6893; Filed, June 20, 1966; (c) Determination of per capita in­ 5:09 p.m.] come. The per capita income of a com­ order. As we indicated in both the fifth munity will be determined from such evi­ report and this further notice, although dence as may be available. Data on per the requested assignments initially ap­ PART 801— VOTING RIGHTS capita incomes for 1959, as indicated by peared to be merited, in 10 cases the re­ the 1960 census for counties and for quested assignment was: (1) Opposed, PROGRAM many other areas, may be obtained from (2) a second (or third) new assignment Appendix A; Mississippi the Office of Economic Opportunity. In for the community involved, or (3) in a the absence of other evidence, this census place where available channels are rela­ Appendix A to Part 801 is amended as data will be accepted as establishing the tively scarce. Therefore, we did not act set out below to show, under the head- present level of per capita income for the on these 9 petitions (10 requested ln^ ‘Hates, Times, and Places for Filing,” areas for which it is available. changes) in the fifth report but instead one additional place for filing in Jackson, (d) Determination of inability to raise incorporated the proposals in the afore­ "wss., and to include all places for filing local share. A determination that the said further notice so as to invite com­ m Hinds County in one place. applicant has made a reasonable effort to ments on the merits thereof. In this Mississippi raise the 10 percent non-Federal share County, place for Filing; Beginning Date. will be made upon the basis of facts sub­ 1As stated therein, the principal purpose mitted by the applicant and any other of this further notice was to “focus attention * * * * * on, and invite comments concerning, certain Nm^dS; Jackson—301 Building, 301 information available to OEO. types of situations where use of the high thwv^ Lamar Street; November 8, 1965, (e) Portion of program costs to be UHF channels for other than ‘community’ Offw d Î^nuary 2, 1966; (2) Jackson—Post borne by Office of Economic Opportunity. types of stations may be particularly appro­ uilding, 245 East Capitol Street; Jan­ In cases in which assistance is granted priate.”

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 No. 120—Pt. I- -2 8624 RULES AND REGULATIONS document we dispose of six of the nine Because of this and the fact that there cade Broadcasting Co. (Cascade) , which petitions (making seven changes), leav­ were no opposition comments to our pro­ is the licensee of Station KEPRr-TV, ing Gastonia, N.C., Monroe, N.C., and posal to assign Channel 43 to Richmond, Pasco as well as other area broadcast fa­ Palm Springs, Calif., for a separate docu­ we are assigning this channel, in accord­ cilities including KIMA-TV (and AM), ment, soon to be released. ance with the further notice. Yakima (of which KEPR-TV, Pasco, is a 2. Although we have tried in each case 6. Owenton, Ky. (RM-894), We have satellite). to provide the community with a suitable proposed the assignment of Channel *52 9. Cascade’s position is that peti­ channel, in some instances we have not on a reserved basis to Owenton, in re­ tioner’s request is in reality a request for assigned the particular channel requested sponse to a petition filed by The Ken­ a third assignment for the tri-cities, in­ due to its incompatability with the re­ tucky Authority for Educational Tele­ asmuch as Station KEPR-TV and Sta­ vised pattern of assignments adopted in vision on December 20, 1965. Petitioner tion KNDU-TV are operating (as satel­ the fifth report because it was inconsist­ has pointed out that this assignment will lites) at Pasco and Richland, respec­ ent with our objective of selecting the provide adequate area coverage and at tively, and the three cities are integrated most efficient assignment in terms of its the same time eliminate site location (and thus presumably one market) in impact on remaining available assign­ spacing conflicts with a proposed Chan­ terms of geography, industry, agriculture ments. We are making these assign­ nel *46 facility at Lexington, Ky. Inas­ and business. The thrust of the Cascade ments on the basis that they will be put much as the State of Kentucky has now argument is that based on both past ex­ to prompt use. Otherwise they may be appropriated funds for a State educa­ perience5 and present competitive fac­ withdrawn from the table in order to'- tional network, petitioner’s representar tors, the tri-cities area is not large restore maximum flexibility to meet fu­ tions indicate that it is prepared to pro­ enough to support three UHF television ture demands for channels. ceed with construction. There is no op­ stations, and thus the introduction of a 3. Gary, Ind. (RM-824). General position to or conflict with the proposal third UHF station to the tri-cities mar­ Media Television, Inc., has filed com­ and so we are assigning the channel as ket “would threaten the continued exist­ ments in response to our proposal to as­ proposed. ence of KEPR-TV.” Moreover, Cascade sign Channel *50 reserved and Chan­ 7. Flint, Mich. (RM-843). Midway contends that the competition is not fair; nel 56 unreserved to Gary. General Television, Inc., filed a petition on August that with the transportation of programs states that it originally planned for 25, 1965, requesting the assignment of from distant stations into the tri-cities by Channel 50 when this channel was as­ Channel 15 for Flint. We agree that CATV systems and translators, and a signed to Gary on an unreserved basis Flint, a major city with a population of choice, in some instances between two or prior to our fourth report and order, 196,940, merits a second commercial as­ more time segments of a broadcast week and that inasmuch as it has expended signment and have proposed Channel 66, for a particular program (due to the significant sums of money for legal and the lowest channel possible under our unique timev factor in the Pacific North­ engineering fees and related matters and new Table. In its comments Midway west which leads to a lack of uniformity also in view of certain competitive ad­ urges “* * * in view of the apparent in the scheduling of networkjand syndi­ vantages in Channel 50 in preference lack of interest in educational television cated films), the public in the tri-cities to Channel 56, it requests that we re­ in Flint at this time that Channel 66 be area “is provided with a choice of pro­ verse the assignments proposed in our assigned and reserved for educational use grams unparalleled in Spokane, Seattle, further notice so that Channel 50 would and Channel 31 be released for commer­ Tacoma, or Portland.” 6 be available on an unreserved basis for cial use”. Although no other comments 10. Petitioner’s answer to-the economic Gary. However, the St. John School have been filed, there is indicated inter­ argument is that since the two stations Township of Lake County, Ind., having est and intent on the part of the Flint already operating in the tri-cities area originally applied for a channel at Gary City schools, which filed for HEW Title are satellites of commonly owned Yakima on April 25, 1965, has indicated that it IH funds, to undertake an educational stations, the operation of a third station, intends to provide cultural, educational television station in Flint. There is whether as a satellite of a Yakima sta­ and in-school programing to the Lake nothing .in the record here to convince tion or otherwise, could have no signifi­ County area of Northern Indiana, and us that Channel 66 would not be satis­ cant effect on the continued operation of on April 15, 1966, was issued a construc­ factory as a commercial facility for Flint the tri-city satellites. As to alleged com­ tion permit (BPET-228) for a new ed­ and it is our view that the public inter­ petition from translators, petitioner ob­ ucational TV station at St. John, Ind., est would not be served by shifting the serves that Cascade makes no claim that to operate on Channel 50. Channel 50 is educational assignment to the higher the’translators adequately serve the tri­ available for use at St. John under the channel in this case.3 cities area as they (Cascade) have stated, 15-mile rule contained in § 73.607 of the 8. Kennewick, Wash. (RM-879). that they are located approximately 45 rules. Apple Valley Broadcasting, Inc. (Apple miles southwest of the tri-cities and that 4. We find no public interest basis for Valley), filed a petition on November 4, “there have been reports of reception changing the assignment at Gary which 1965, requesting the assignment of a suit­ from the * * * translators as far as 40 was adopted in the fifth report, particu­ able available UHF channel for Kenne­ to 50 miles from the transmitter site.” larly in view of the aforesaid plans and wick, stating that it has an application (Quote and emphasis supplied by peti­ construction permit for the education pending for a construction permit tioner.) Petitioner also points out that station on this channel. We are adding (BPCT-3648) for a third UHF channel CATV is no substitute for off-the-air, the Channel 56 assignment (unreserved) (35) at Yakima, and as in the case of the free television service, and states that the as proposed. other two Yakima stations, wishes to requested assignment will provide a third establish a “satellite” station in the tri­ full-time network service, and further­ 5. Richmond, Ind. (RM-821) . This cities (Kennewick, Pasco and Richland) industrial city of 44,1492 has not had a area.4 This request is , opposed by Cas- more, the assignment of Channel 42 to television channel assignment and on Kennewick would have no appreciable July 16,1965, a petition was filed by Mr. 8 As we stated, in the further notice, we have effect on the assignment of other UHP Ben Karns indicating that the city needs proposed therein the most efficient assign­ a UHP facility, which he would make ap­ ment and (where pertinent) applied the plication for and promptly put into op­ principle of distributing high and low as­ B Casoade states that “the following failures eration. We agree that such an assign­ signments in the same community on an can be documented in the area which this equitable basis as between reserved and non- rule making is concerned”: KTRX, Kenne- ment is warranted. However, the as­ reserved channels. wick-Pasco (Ch. 31) began Jan. 28, 1958, qu signment of Channel 19, which was spec­ ■* This application, which was filed on Oct. Nov. 5, 1958; KNBS, Walla Walla (Ch. 22) ified by the petitioner, was based on a 19, 1965, is presently pending along with two began Jan. 3, 1960, quit Dec. 14, 1960; KBAfo. pattern of assignments which was ex­ other applications for this channel. (As one Ephrata (Ch. 16) began Feb. 15, 1956, quit tensively altered in the assignment plan of its arguments in this proceeding, Apple Nov. 30,1961. adopted in the fifth report and we pro­ Valley states that with that channel (Chan­ 6 Cascade states that the “same-day Pr ~ posed the assignment of Channel 43. nel 35, Yakima) and Channel 42 at Kenne­ tection” against duplication of programing o wick it would be able to achieve competitive local stations by CATV systems will only equality with the stations at Yakima and duce and not eliminate the unfair C(^P?JL. a AH population figures—1960 U.S. Census. their tri-cities satellites. tion which they offer to its Station KEPR-

FEDERAL REGISTER. VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 RULES AND REGULATIONS 8625 channels to other communities in this 14. In view of the foregoing, pursuant [Docket No. 14185, etc.; FCC 66-538] area. to the authority contained in sections 11. It is our view that Kennewick, with 4(i), 303 (c), (f), and (r) of the Com­ PART 73— RADIO BROADCAST a population of 14,244, should have a first munications Act of 1934, as amended: It SERVICES television assignment, based on the indi­ is ordered, Effective July 25, 1966, that cated interest and intent of petitioner to the Table of Television Assignments con­ Revision of FM Broadcast Rules, etc. establish a station here. Although the tained in § 73.606 of the Commission rules In the matter of revision of FM broad­ competitor opposing the request has es­ and regulations is amended as to the cast rules, particularly as to allocation tablished the point that this would in communities named herein, to read as and technical standards, Docket No. effect be a third assignment for the tri­ follows: 14185: Petition of FM Unlimited, Inc., cities area, we have stated before in simi­ for changes in FM station assignment lar situations that it is not our function City Channel Gary, Ind______*50, 56 rules, RM-94; and amendment of § 73.- to place artificial restraints upon com­ Richmond, Ind__ 43 202, Table of Assignments, FM Broadcast petition unless the overall public interest Owen ton, Ky____ *52 Stations (Blue Island, Des Plaines, Elm­ will be adversely affected thereby. We Flint, Mich__;____ 12—, *31, 66 wood Park, Lansing, and Skokie, 111.; do not find that Cascade has made such a Kennewick, Wash. 42 Valparaiso, Ind., RM-509. showing in this case. As to the- CATV Raleigh, N.C_____ 5, 22, *34 In re applications of Radio Skokie audience-dilution argument (which Cas­ Durham, N.C____ 11 + .28 Valley, Inc. (WRSV), File No. BLH-1916, cade also interposed on the proposal for 15. It is further ordered, That, thefor license to cover construction permit a third UHF assignment for Yakima), construction permit of Crescent Broad­ authorizing a new Class A FM Broadcast we have stated (fifth report and order) casting Co. for a new television station at Station at Skokie. HI.; and the News- that “* * * the existence or nonexist­ Raleigh, N.C., is modified to specify Sun Broadcasting Co., Waukegan, 111., ence of CATV service cannot be the basis Channel 22 instead of Channel 28, sub­ Docket No. 13292, File No. BPH-2543; of regular TV channel allocations, since ject to the following conditions: Walter A. Hotz and Charles W. Kline as we have emphasized * * *, this serv­ doing business as Radio America, Chi­ ice should be a supplement to, rather (a) That the permittee or licensee shall advise the Commission, in writing cago, 111., Docket No. 13709, File No. than a replacement for, the regular BPH-2858; and Edward Walter Piszczek broadcast service available to all * * by July 25, 1966, of its acceptance of the modification of its authorization; and Jerome K. Westerfield, Des Plaines, Furthermore, the documental “failures” 111., Docket No. 13940, File No. BPH-3201; which occurred in two cities in 1960 and (b) That the permittee or licensee for construction permits (FM). 1961 and in Kennewick-Pasco in 1958 shall submit to the Commission by In the matter of amendment of § 73.- have little if any relevancy, and in any August 25, 1966, all necessary informa­ 202, Table of Assignments, FM Broadcast event are not of decisional significance, tion for the preparation of a modified Stations (Chicago and Skokie, HI., Dock­ in the current proceeding. authorization to construct and operate et No. 15771. 12. Raleigh and Durham, N.C, (RM- on the newly specified channel with 827). Crescent Broadcasting Co. re­ transmitting facilities meeting all re­ 1. The Commission has under con­ quests the assignment of Channel 22 to quirements of the Commission’s rules sideration; (a) Its notice of proposed Raleigh in place of Channel 28 which is and regulations for operation on that rule making and order to show cause, presently assigned there, with a show channel; FCC 64-1203, issued in this proceeding cause order for the modification of its (c) That construction looking to a on December 28, 1964 (29 F.R. 19261), construction permit (BPCT-3493) in ac­ change to the newly specified channel is and the comments filed therein and (b) cordance therewith. Petitioner points not to commence until specifically au­ petition for reconsideration and counter­ out that it operates on Channel 22 in thorized by the Commission after the proposal filed by Lake Broadcasting Co., other cities and that the assignment of information in (b) above is submitted; lnc. , licensee of Station WWCA, Gary, and lnd. , directed against our decision in a this channel to Raleigh would permit cer­ memorandum opinion and order, FCC tain economies and efficiencies in the (d) That upon completion of con­ 64-1202, issued on December 29, 1964 (30 operation of a station for which it has a struction of the new facilities in accord­ F.R. 12), in Docket 14185 et al., and construction permit (BPCT-3493 K there­ ance with the terms of the modified au­ comments and opposition thereto.1 by benefitting the public through the re­ thorization, proof of performance meas­ 2. In our notice in Docket 15771 we sulting enhancement and improvement urement data adequate to demonstrate invited comments on a proposal to sub­ of the proposed broadcast service there. A compliance with the applicable technical stitute Channel 270 for 252A at Skokie, Petitioner indicated in its comments that performance requirements of the rules 111., and to delete Channel 270 at Chi­ there might be some difficulty (though and of the type normally required to be not as a result of its proposal) with re­ cago, 111., with a view to eliminating the furnished in an application for a tele­ mutual interference situation between spect to allocations for Martinsville and vision license shall be submitted, in Station WRSV on Channel 252A at Danville, Va. However, this is no longer triplicate, at least ten (10) days prior to a problem, since Channel 65 can be as­ Skokie and Stations WHFC2 and WFMT the date on which it is desired to begin in Chicago on the second adjacent Chan­ signed to Martinsville (in response''to the program operation. Program operation request for a channel there, RM-897, nels 250 and 254, respectively. It was on the newly specified channel shall not also proposed to limit the facilities of Docket 16622—notice of proposed rule be commenced until specifically author­ making adopted May 4, 1966), and thus WRSV on Channel 270 to a power of 20 Channel 44 can be left in Danville (in- ized by the Commission after its evalu­ kilowatts and antenna height of 130 ation of such data. feet above average terrain (its present switching it to Martinsville, as height) in the direction of Waukegan had been suggested in the aforesaid com­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. ments) . 154. Interprets or applies sec. 303, 48 Stat. 13. As to the concommitantly neces­ 1082, as amended; 47 U.S.C. 303) 1 Comments in support of the Lake petition sary change substituting Channel 28 for for reconsideration were filed late by Music Adopted: June 14, 1966. Time, Inc., and an opposition to the Lake Parham, there is no opposition to petition was also filed late by the News-Sun inf Ü!lthin proposal and this would not Released: June 15,1966. Broadcasting Co. In view of the relevance existing authoriza­ of these pleadings and the importance of tion °f overall assignment plan. F ederal Communications this proceeding to the stations involved and i„ „ ce’ the requested switch in channels Com m ission, the general public in the Chicago area, we are tin«8,11'***. a.nd the petitioner’s construc- [seal] B en F. Waple, accepting and considering these late filings .. Permit is modified to specify opera- Secretary. herein. * This call sign has since been changed to at Raf ?^annei ^2 in place of Channel 28 [F.R. Doc. 66-6784; Filed, June 21, 1966; WSDM, but we will use the WHFC call sign 8:47 a.m.] for clarity in this document.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8626 RULES AND REGULATIONS and Milwaukee in order to afford the (as a substitute for Channel 252A) and it did not file either comments or reply same or betterjarotection to stations lo­ the substitution of Channel 280A or 296A comments in the previous proceeding cated in those cities on Channels 272A to Kankakee, 111., for Channel 272A, relating to the assignment of Channel and 271, respectively. We also ordered presently authorized to Station WTAS 294 to Waukegan and the proposal to the licensee of WRSV to show cause why at Crete, under the “25 mile rule.” assign Channel 270 to Skokie, nor did it its outstanding authorization should not Channel 270 could be assigned to Gary file any additional comments as required be modified to specify operation on at standard Class B spacings. Lake con­ by § 1.415(d) of the rules. News-Sun Channel 270 in lieu of 252A with the cedes that Channel 294 at Skokie would also argues that to consider anew a facilities outlined above. The changes be short-spaced to Channel 292A at decision the Commission has made after proposed were made subject to the out­ Lansing, HI. (33 miles instead of 40 miles several years of uncertainty concerning come of an appeal which was taken by required), but urges that this is better FM service in the Waukegan area and to Carol Music, Inc., the licensee of Sta­ than the resulting short spacings on initiate a new proceeding would be un­ tion WCLM on Channel 270 at Chicago Channel 270 at Skokie. Channel 294 fair, disruptive, and contrary to the to the U.S. Court of Appeals for the would of course under the Lake counter­ public interest. It urges that the Com­ District of Columbia. This case, No. proposal not be available to either Wau­ mission should deny the proposal forth­ 19,089, has since been dismissed by the kegan or Des Plaines. This proposal is with without consideration of the sub­ court and on June 6, 1966, the Supreme summarized as follows: stantive matter of the respective needs Court denied a petition for a writ of of Waukegan and Gary. certiorari. Channel No. 7. In reply Lake asserts that it was a 3. L and P Broadcasting Corp., licensee City party to the proceeding in Docket 14185 of Station WHFC on Channel 250 in Chi­ Present Proposed in that it filed comments in connection cago, supports the Commission’s pro­ with the second further notice noting posal and the show cause order to WRSV. 252A 294 that no channels were available to Gary Kankakee (Crete), 111___ 272A 280A or 296A under the spacings proposed apd urging L and P states that it receives interfer­ 270 ence from WRSV to in excess of 44,000 that an assignment was needed at Gary persons within its 1 mv/m contour, that even at substandard spacings. Lake fur­ it is only about 10 miles distant from 5. In support of its counterproposal,ther argues that the disposition of Chan­ WRSV whereas the present separation Lake submits that Gary, with a popula­ nel 294 was not made until the memo­ requirement for stations two channels tion of 178,320, does not have an FM randum opinion and order of December removed is 40 miles, and that the pro­ assignment, that it appears to be the 29, 1964, in which decision it was an­ posal would eliminate both the inter­ largest city without such an assignment, nounced that Channel 270 would likely ference to WHFC and to WRSV. Like­ and that no other channel can be as­ be available as a solution to the Skokie wise, it points out that the mutual inter­ signed to Gary in conformance with the problem. Lake states that its request ference between WRSV and WFMT, required spacings. While Lake concedes for Channel 270 does not necessarily de­ operating on Channel 254 in Chicago, at that Gary receives a number of FM termine where Channel 294 is to go and a distance of only 13 mileis, will also be services from Chicago, it urges that sec­ that its request was timely filed. It thus eliminated.3 Radio Skokie Valley, Inc., tion 307 (b) of the Act requires that both contends that it had a right to file the licensee of WRSV, supports the proposal reception and transmission facilities pleadings that it did at the time that and states that it will accept a modifica­ must be equitably distributed among the they were filed. tion of its license to specify operation on several States and communities. Since 8. Before going into the merits of the Skokie’s needs, it alleges, can be met by Commission’s decision of December 29, Channel 270 with the facilities limited either Channel 270 or 294, Lake urges 1964, and its proposal in the subject to those proposed or thé equivalent that the point at issue is whether Gary notice, as well as the counterproposal of thereof. WRSV also states that it may needs its first FM channel before Wau­ Lake Broadcasting, it is necessary to de­ have to seek another location but that kegan its second or Des Plaines its first. termine whether or not Lake is within it will comply with the interference con­ Waukegan has a population of 55,719 its rights in petitioning for reconsidera­ sideration and facility limitation in the and has a Class A FM assignment and a tion of our decision. We are of the view notice. WRSV states further that since daytime-only AM station. Des Plaines that it is. Lake did participate in the its previous attempts at securing Chan­ has a population of 34,886 and has previous proceeding in Docket 14185 In nel 294 have been resolved against it, a neither an AM nor FM station. Music which the basic assignment principals move to Channel 270 seems to be the only Time, Inc., licensee of Station WMKE oh and the table of assignments were reasonable solution to the handicaps Channel 271 in Milwaukee, Wis., supports adopted. Further, disposition of the as­ under which it has operated due to the the Lake counterproposal since the pro­ signment of Channel 294 and first notice interference it has suffered. posed use of Channel 270 at Skokie would of the probable availability of Channel 4. In the December 29,1964 memoran­ result in short-spacing to its station 270 were first made in the December 29, dum opinion and order in Docket No. whereas the use of this channel at Gary 1964, memorandum opinion and order. 14185 et al., the Commission assigned would meet the required minimum spac­ Thus we believe that Lake is a party in Channel 294 to Waukegan, 111., and de­ ing. Music Time further contends that interest in this proceeding and its pro­ nied this assignment to all the other Gary needs an FM assignment and that posal and request for reconsideration communities seeking it including Skokie. its proposal would be a more efficient will be considered on their merits. It pointed out that this assignment would allocation. Finally it states that the Conclusions. 9. After careful consid­ also, under the “25 mile rule,” be avail­ relative needs of Skokie, Waukegan, and eration of all the comments and reply able upon application to the community Des Plaines can best be determined in a comments filed in the proceeding con­ of Des Plaines and that in a separate no­ decision as to where Channel 294 should cerning the proposal to assign Channel tice of proposed rule making we were be allocated. 270 to Skokie and in the Lake petition for attempting to solve the Skokie-Chicago 6. In its opposition to the Lakereconsideration and counterproposal and interference problem by proposing to as­ counterproposal and petition for recon­ the comments directed thereto, we have sign Channel 270 to Skokie and deleting sideration, The News-Sun Broadcasting concluded that the decision to assign it from Chicago. While other actions Channel 294 to Waukegan (with its were taken in this memorandum opinion Co., applicant for a new I'M station on Channel 294 at Waukegan, BPH-2543, availability to Des Plaines under the 2a and order, these actions are the only ones contends that this party does not have mile rule”) and the proposal to substi­ germane to the Lake petition for re­ any legal standing to participate in any tute Channel 270 for 252A at Skokie to consideration. Lake seeks the assign­ reconsideration of the memorandum eliminate a serious mutual interference ment of Channel 270 to Gary, Ind., and problem involving three stations and tne the assignment of Channel 294 to Skokie opinion and order issued on December 29, 1964, since it did not participate in general public affected thereby, would the lengthy and comprehensive rule best serve the public interest. These de­ 8 This party appears to have the distances cisions would make the new assignme reversed since the distance from WRSV to making proceeding. It urges that the WFMT is about 10.6 miles and that between counterproposal offered by Lake can (Channel 294) at standard spacings ana WRSV and WHFC is about 13.5 miles. only be treated as a new proposal since would shift Channel 270 from Chicago,

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 RULES AND REGULATIONS 8627 where it is presently short-spaced, to City Channel No. suit the needs of the purchaser. Such a Skokie,8* where it would be assigned un­ Chicago, 111—. 226, 230, 234, 238, 242, 246, 250 purchaser may take delivery of the air­ der conditions which would assure no Skokie, HI. 254, 258, 262, 266, 278,282,298,270 craft and then purchase additional or more impact on adjacent-channel short­ 13. It is further ordered, That pursu­ replacement radio equipment. Simi­ spaced stations in Waukegan and Mil­ ant to authority contained in section 316 larly, owners of older aircraft may want waukee than the former use. The Lake of the Communications Act of 1934, as to update their equipment or may be re­ proposal would make possible the assign­ amended, the outstanding authorization quired to replace old equipment to meet ment of Channel 270 at standard spac- of Radio Skokie Valley, Inc., for opera­ FCC requirements, such as type accept­ ings but if the serious Skokie interference tion of Station WRSV is modified to ance. In these instances, the purchase problem is to be resolved, it would require specify operation on Channel 270 in lieu and installation of new equipment may a new assignment on Channel 294, at of 252A subject to the following condi­ take very little time because aircraft short spacing. This we have not done tions: radio equipment, in general, is available since the adoption of the new FM stand­ (a) The ' licensee shall inform the from the shelf and is designed for inter­ ards and the table of assignments in Commission by July 15, 1966, of its changeability. Often there is insuffi­ September 1963.4 We do not believe that acceptance of this modification. cient time for the purchaser to obtain we should deviate from our minimum (b) The licensee shall submit to the a regular authorization or special tempo­ separation rules except upon a showing Commission by July 15, 1966, all the rary authority before he flies the aircraft. of the most compelling public interest technical information normally neces­ 2. In the interest of aviation safety, requirement.5 We find no such showing sary for the issuance of a construction the immediate use of such radio equip­ in the Lake request. While Gary is quite permit for operation on Channel 270, in­ ment should be permitted, under certain Jarge and normally would deserve an cluding any changes in antenna and conditions, and an appropriate amend­ FM assignment, it does have two AM transmission line.- ment of Part 87 is set forth below. This stations, one of which is an unlimited (c) The licensee may continue to op­ amendment will allow use of newly in­ time operation. It also has an educa­ erate on Channel 252A until upon its re­ stalled equipment in a licensed private tional FM station in operation. Nearby quest, the Commission authorizes interim aircraft radio station for a period of 30 Hammond (about 8 miles) has an un­ operation on Channel 270, following days from the date of installation, pro­ limited timé AM station and a Class B which the licensee shall submit (within vided: (1) An application for station li­ FM station. Thus, Gary does have local 30 days) the measurement data normally cense (FCC Form 404) to include the aural service and its local needs can required of an applicant for an FM newly installed transmitting equipment additionally be met by the Hammond broadcast station license. has been mailed to or filed with the Com­ FM station. Our reasons for providing (d) The licensee shall specify facili­ mission, (2) operation is limited to the for a Class B assignment for Waukegan ties of 20 kilowatts ERP and antenna frequencies available in § 87.201, of this (or Des' Plaines) and for the proposed height of 130 feet above average terrain part, and (3) the newly installed trans­ change in assignments for Skokie are in the direction of WEFA, Waukegan, 111., mitting equipment is type accepted for spelled out in the December 29, 1964, and WMKE, Milwaukee, Wis., or the use in the aviation services. This memorandum opinion and order and need equivalent of these facilities in the event procedure is available only when a valid not be repeated here. a new site is selected. private aircraft radio station license is 10. Authority for the adoption of the (e) No operations shall commence on outstanding. rule amendments contained herein is Channel 270 until WCLM ceases opera­ 3. The amendments adopted herein contained in sections 4(i), 303, and 307 tion on that channel. are procedural in nature, and, therefore, (b) of the Communications Act of 1934, 14. It is further ordered, That this the prior notice, procedure and effective as amended. proceeding (Docket No. 15771) is date provisions of section 4 of the Ad­ 11. In view of the foregoing: It is or­ terminated. ministrative Procedure Act are not appli­ dered, That the petition for reconsidera­ (Sec. 4, 43 Stat. 1066, as amended; 47 U.S.C. cable. tion and counterproposal filed by Lake 154. Interpret or apply secs. 303, 307, 48 4. In view of the foregoing: It is Broadcasting Co., Inc., is denied. Stat. 1082,1083; 47 U.S.C. 303, 307) ordered, Pursuant to sections 4(i), 301, 12. It is further ordered, T h a t effec­ Adopted: June 15,1966. 303(rX, and 308(a) (3) of the Communi­ tive July 25, 1966, § 73.202 of tlie Com­ cations Act of 1934, as amended, that mission’s rules and regulations, the FM Released: June 16,1966. Part 87 of the Commission’s rules is table of assignments, is amended to read, F ederal Communications amended as set forth below, effective with respect to the communities named Commission,8 June 24, 1966. below, as follows: [seal] B en F. W aple, (Secs. 4, 301, 303, 308, 48 Stat. 1066, 1081, Secretary. 1082, 1084, as amended; 47 U.S.C. 154, 301, 303, 308) s' In Docket No. 14743, the Commission [F.R. Doc. 66-6785; Filed, June 21, 1966; ordered Carol Music to cease operation in 8:47 a.m.] Adopted: June 14,1966. 60 days alter judicial affirmance of the de­ Released: June 15,1966. cision, in the event a court review is sought. [FCC 66-523] p>7a ^ee rnem°randum opinion and order, RM- F ederal Communications 6 6 ^ CC 65~3®7 issued May 7, 1965. PART 87— AVIATION SERVICES Commission,1 , o?16 °f Channel 270 from Chicago [seal] B en F. W aple, to Skokie, while short-spaced in both loca- Application for Aircraft Radio Secretary. is made pursuant to par. 14 of the Station Licenses . memorandum opinion and or- A new paragraph (d) is added to cer, FCC 63-735, issued in Docket 14185, on Order. In the matter of amendment § 87.29 to read as follows: thwi r’ (23 R.R. 1801), and par. 5 of the of Part 87 of the Commission’s rules to nvr n°tice of proposed rule making, § 87.29 _ Application for aircraft radio j,, ®4-70, issued in the same docket on facilitate the use of newly installed type station licenses. • 3, 1964. These decisions concern poli- accepted equipment in private aircraft , S Wf kave adopted providing for changes radio stations. * * * * * rp N.J., we reassigned the 1. It has come to the attention of theof installation provided: (1) An applica­ town f t0 the nearby community of Eaton- a. or use ky another station involved in Commission that standard radio installa­ tion for station license (FCC Form 404) and nnnt18 i.nterfereoce problem. See report tions aboard new aircraft often do not ^d)(2d^ FCCP ^ r-,on 739, that5 R.R. Docket- 2d 1762. FCC 65-723 vol. 1 1 Commissioner Wadsworth a b sta in in g 6 Commissioner Cox absent. from voting.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8628 RULES AND REGULATIONS to include the newly installed transmit­ (d) The licensing of the additional further extend coverage of 121.5 Mc/s, ting equipment has been mailed to or air/ground emergency channel could additional services should be considered. filed with the Commission, (2) opera­ lead to exploitation for commercial pur­ 8. AOPA, NPA, and Plateau Natural tion is limited to the frequencies avail­ poses. This would be done through the Gas Co. favor the proposal. In general, able in § 87.201, and (3) the newly in­ various advertising media inferring they feel the proposal should provide stalled transmitting equipment is type availability of emergency service with­ additional assurance that an aircraft in accepted for use in the aviation services. out the assurance that this exists or that difficulty may be able to reach someone [F.R. Doc. 66-6786; Filed, June 21, 1966; continuous guard (even during hours of on the ground for assistance. These 8:47 a.m.] operation) is maintained. commentaries contained no apprehen­ (e) Multiple installations of 121.5 sions about the expansion of 121.5 Mc/s Mc/s in the same geographical area on the ground provided controls were [Docket No. 16239; FCC 66-524] could lead to confusion and interference retained to assure proper use of the frequency. pa r t 87— AVIATION SERVICES in an emergency situation. In fact, the FAA is reducing the number of emer­ 9. The purpose of the extension of the Use of Emergency Frequency by gency channels in areas having multiple capability for ground stations to respond Additional Aeronautical Ground facilities. This is being accomplished to to emergencies on the emergency fre­ Stations avoid unnecessary duplication without quency is not to supplant or hinder the derogation of emergency coverage. FAA in responding to emergency calls. Report and order. In the matter of Rather it is to provide a service where amendment of Part 87—Aviation Serv­ FAA recommends that the rules permit none exists or in areas that have mar­ ices—to provide for the use of 121.5 the licensing of 121.5 Mc/s at those loca­ ginal service. In order to guard against Mc/s by additional aeronautical ground tions where emergency service from Gov­ the situations described by FAA, ARINC stations; Docket No. 16239. ernment stations is not available and and ATA, the rules, as proposed in the 1. The Commission on October 13, then only on a case-by-case basis with notice, have been modified to require a 1965, adopted a notice of proposed rule prior coordination with the FAA. showing of need for the frequency 121.5 making in the above entitled matter 5. ARINC and ATA joint comments Mc/s before it will be authorized. This (FCC 65-926) which made provision for urge the Commission not to adopt the should provide the Commission with the filing of comments and was duly rule making as proposed. ARINC/ATA sufficient control to avoid the problems published in the F ederal R egister on objections may be summarized as fol­ anticipated by FAA, ARINC and ATA. October 20,1965 (30 F.R. 13331). lows: (a) Under the proposal it would It will also allow for sufficient expansion 2. The notice proposed to amend var­ be possible, at one, airport, for one or to meet the needs of general aviation. ious sections of Part 87—Aviation Serv­ more FCC licensees, in addition to the 10. The use of 121.5 Mc/s will remain ices to allow the use of 121.5 Mc/s by FAA, to be authorized the use of 121.5 the same. Any attempt to misuse the aeronautical advisory, multicom, flight Mc/s. This situation would raise doubt, channel will be met with vigorous en­ test, instructional, and search and in the event of emergency or distress forcement action. The Commission does rescue mobile stations. This frequency transmissions by an aircraft, as to not intend to allow its licensees to oper­ is a universal simplex emergency and whether it should be answered by an FCC ate in a manner not in the best interest distress frequency made available in the licensee or the FAA. This situation of aviation safety. Aviation Services to provide a clear would undoubtedly result in confusion 11. The modification to require a channel between aircraft in distress or and, at least potentially, could impede showing of need parallels the FAA com­ conditions of emergency and certain the instantaneous response which is ment which recommended that 121.5 ground stations. Prior to the amend­ normally given to emergency or distress Mc/s be permitted at -those locations ment adopted herein, the rules made communications, (b) With increases in where emergency service from Govern­ 121.5 Mc/s available on the ground to the number of stations operating on ment stations is not available and then aeronautical enroute and airdrome con­ 121.5 Mc/s the total use will increase. There would be a general broadening in only on a case-by-case basis with prior trol stations only. nature of communications handled coordination with the Federal Aviation 3. Comments were filed by Aeronauti­ which would require additional policing Agency. Under the showing of need cal Radio, Inc. (ARINC), Aircraft of the use of 121.5 Mc/s to assure the certainly a sine qua non would be to Owners and Pilots Association (AOPA), primary objectives for which the fre­ establish that emergency service from a Air Transport Association (ATA), Fed­ quency was assigned is not defeated. In Government station is not available. eral Aviation Agency (FAA), National that regard, it would be necessary to 12. Authority for the amendments Pilots Association (NPA), Plateau Nat­ establish which branch of Government adopted herein is contained in section ural Gas Co., and United States Steel would effect the policing action. 303 (b), (c), and (r) of the Communi­ Corp. Representatives of general avia­ 6. ARINC and ATA close their com­ cations Act of 1934,,as amended. tion favored the proposal. FAA and ment by recognizing there may be situ­ , 13. In view of the foregoing: It is representatives of the airlines are op­ ations where issuance of license author­ ordered, Effective July 25, 1966, that posed to a rule which would allow a gen­ ity to permit use of 121.5 Mc/s may be Part 87 is amended as set forth below. eral expansion of the availability of justified. It is suggested that the Com­ 14. It is further ordered, That the 121.5 Mc/s on the ground. mission consider such situations on a proceeding is terminated. 4. FAA is generally opposed to extend­ case-by-case basis, after coordination (Sec. 4, 48 Stat. 1066, as amended; 47 UA.C. ing the licensing privileges of the emer­ with FAA, and grant authorizations as 154. Interprets or applies sec. 303, 48 Stat. gency channel 121.5 Mc/s to the various 1082, as amended; 47 U.S.C. 303) classes of stations included in the notice an exception to the rules. In order to minimize the inconvenience of proceed­ Adopted: June 14, 1966. of proposed rule making. Their objec­ ing on a case-by-case basis, ARiNC and tions are as follows: ATA recommend that authority to act Released: June 15, 1966. (a) Many of the stations are not in matters of this nature be delegated F ederal Communications staffed with personnel who have the to the Safety and Special Radio Serv­ Commission, training and capability to handle emer­ ices Bureau. [seal] B en F. W aple, gency situations. 7. United States Steel favors the ex­ Secretary. (b) Many of the stations do not have tended coverage on the ground of 121.5 Part 87 is amended as follows: adequate facilities (direction finder Mc/s. It favors, however, a more lim­ equipment, interphone circuits, etc.), to 1. Section 87.253 is amended to read as ited extension than that proposed. follows: provide even the most basic assistance. United States Steel feels that it should (c) The availability of an unused air/ be extended only to aeronautical ad­ § 87.253 Frequencies available. ground channel, even though intended visory and search and rescue stations at (a) 122.8 and 123.0 megacycles, 6A3 for emergency use only, could lead to its this time. It proposes a trial period of emission: For communications with pri­ misuse. 1 year and if there is still a need to vate aircraft stations.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 RULES AND REGULATIONS 8629 (b) 121.5 megacycles: This is a uni­ 3. In § 87.331 a new paragraph (d) is (b) 121.5 megacycles: This is a uni­ versal simplex emergency and distress added to read as follows: versal simplex emergency and distress frequency for air-ground communica­ § 87.331 Frequencies available. frequency for air-ground communica­ tions and will not be assigned unless (1) tions and will not be assigned unless (1) a showing is made establishing a need ***** a showing is made establishing a need for such service and (2) a regular aero­ (d) 121.5 megacycles: This is a uni­for such services and (2) a regular in­ nautical advisory frequency is assigned versal simplex emergency and distress structional frequency is assigned and and available for use to accommodate frequency for air-ground communica­ available for use to accommodate normal normal communications needs. tions and will not be assigned unless (1) communications needs. a showing is made establishing a need 2. Section 87.271 is amended to read as 5. Section 87.441 is amended to read as follows: for such services and (2) a regular flight test frequency is assigned and available follows: § 87.271 Frequencies available. for use to accommodate normal com­ § 87.441 Frequencies available. (a) 122.9 megacycles, 6A3 emission: munications needs. (a) The frequency 121.6 megacycles is This frequency is available on the con­ 4. Section 87.341 is amended to read as available for use by aeronautical search dition that no harmful interference is follows: and rescue mobile stations. caused to the aeronautical advisory (b) 121.5 megacycles: This is a uni­ service. § 87.341 Frequencies available. versal Simplex emergency and distress

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8630 Proposed Rule Making

to the Director, Bureau of Mines, In­ § 27.2 Definitions. DEPARTMENT OF THE INTERIOR terior Building, Washington, D.C., 20240, within 30 days after the date of As used in this part; Bureau of Mines (a) “Bureau” means the Bureau of publication in the F ederal R egister. Mines of the U.S. Department of the [ 30 CFR Part 27 ] W alter R. Hibbard, Jr., Interior. [Bureau of Mines Schedule 32A] Director, Bureau of Mines. (b) “Applicant” means an individual, partnership, company, corporation, as­ METHANE-MONiTORING SYSTEMS J une 3, 1966. sociation, or otl\er organization that de­ Procedures for Investigation, Tests, signs, manufactures, or assembles and Part 27 of Chapter I of Title 30 would that seeks certification or preliminary and Certification read as follows: , testing of a methane-monitoring system On pages 89-92 of the F ederal R egis­ Subpart A— General Provisions or component. ter of January 5, 1966, there was pub­ Sec. (c) “Methane-monitoring system” lished under proposed rule making a 27.1 Purpose. means a complete assembly of one or notice and text of proposed revision of 27.2 Definitions. more methane detectors and all other 27.3 Consultation. components required for measuring and the regulations of Part 27 of Subchapter 27.4 Applications. D of Chapter I, Title 30, Code of Federal 27.5 Letter of certification. signalling the presence of methane in the Regulations, prescribing procedures for 27.6 Certification of components. atmosphere of a mine, tunnel, or other testing and certifying methane-monitor­ 27.7 Certification plate or label. underground workings, and shall include ing systems, and components thereof, to 27.8 Pees. a power-shutoff component. be incorported in permissible or approved 27.9 Date for conducting tests. (d) “Methane detector” means a com­ equipment that is used in gassy mines 27.10 Conduct of investigations, tests, and ponent for a methane-monitoring system demonstrations. that functions in a gassy mine, tunnel, and tunnels. 27.11 Extension of certification. Interested persons were given 30 days 27.12 Withdrawal of certification. or other underground workings to sample in which to comment, make suggestions, the atmosphere continuously and re­ or offer objections concerning the pro­ Subpart 8— Construction and Design sponds to the presence of methane. posed revision. As a result of considera­ Requirements (e) “Power-shutoff component” means a component of a methane­ tion of suggestions and a detailed review 27.20 Quality of material, workmanship, and of the proposed revision, it has been de­ design. monitoring system, such as a jrelay, cided to again publish in an amended 27.21 Methane-monitoring system. switch, or switching mechanism, that will form to offer interested persons an 27.22 Methane detector component. cause a control circuit to deenergize a opportunity to make further comments. 27.23 Automatic warning device. machine, equipment, or power circuit Pursuant to section 4 of the Adminis­ 27.24 Power-shutoff component. when actuated by the methane detector. (f) “Flammable mixture” means a trative Procedure Act (60 Stat. 238; 5 Subpart C— Test Requirements Ü.S.C. 1003), notice is hereby given that mixture of a gas, such as methane, nat­ under authority contained in section 5 of 27.30 Inspection. ural gas, or similar hydrocarbon gas the Act of May 16, 1910 (36 Stat. 370; 27.31 Testing methods. with normal air, that can be ignited. 30 U.S.C. sec. 7), as amended, and sec­ 27.32 Tests to determine performance of the (g) “Gassy mine or tunnel” means system. a mine, tunnel, or other underground tion 212(a) of the Act of July 16, 1952 27.33 Tests to determine explosion-proof (66 Stat. 709; 30 U.S.C. 482(a)), it is pro­ construction. workings in which a flammable mixture posed to revise the regulations issued as 27.34 Test for intrinsic safety. has been ignited, or has been found with Part 27 of Chapter I, Title 30, Code of 27.35 Tests to determine life of critical com­ a permissible flame safety lamp, or has Federal Regulations. The current reg­ ponents and subassemblies. been determined by chemical analysis ulations were adopted on November 23, 27.36 Test for adequacy of electrical insula­ to contain 0.25 percent or more (by vol­ 1961 (26 F.R. 10969). tion and clearances. ume) of methane in any open workings 27.37 Tests to determine adequacy of safety when tested at a point not less than 12 The purposes of the proposed revision devices for bulbs. inches from the roof, face, or rib. are to: (1) Update the regulations to 27.38 Tests to determine adequacy of win­ reflect technological advancements in dows and lenses. (h) “Letter of certification” means a the design and construction of methane­ 27.39 Tests to determine resistance to formal document issued by the Bureau monitoring systems, (2) redefine the re­ vibration. stating that a methane-monitoring sys­ 27.40 Test to determine resistance to dust. tem or subassembly or component there­ quirements for a power-shutoff device 27.41 Test to determine resistance to of: (1) Has met the requirements of to operate at the machine to be con­ moisture. this part, and (2) is certified for incorpo­ trolled or by deenergizing the trailing ration in or with permissible or ap­ cable, (3) remove the requirement for a Authority: The provisions of this Part 27 2-minute delay before energizing of a issued under sec. 5, 36 Stat. 370, as amended, proved equipment that is used in gassy cable(s) to a machine(s) controlled by and sec. 212(a), 66 Stat. 709; 30 U.S.O. 7, mines and tunnels. a methane-monitoring system after a 482(a). Interpret or apply secs. 2, 3, 36 Stat. (i) “Component” means a part of a 370, as amended, and secs. 201, 209, 66 Stat. methane-monitoring system that is es­ shutdown caused by methane detection, 692, 703; 30 US.C. 3, 5, 471, 479. (4) remove the requirement for reserve sential to its operation as a certified electrical capacity to operate independ­ Subpart A— General Provisions methane-monitoring system. ently for approximately 4 hours when (j) “Explosion proof” means that a power is not on the machine which it con- § 27.1 Purpose. component or group of components (sub- trols, and (5) incorporate the fees, which assembly) is so constructed and pro­ were adopted when published in the The regulations in this part set forth tected by an enclosure with or without March 23, 1965, issue of the F ederal the requirements for methane-monitor­ a flame arrester(s) that, if a flammable R egister (30 F.R. 3752). ing systems or components thereof to mixture of gas is ignited within the en­ procure certification for their incorpora­ In accordance with the policy of the closure, it will withstand the resultant Department of the Interior, interested tion in or with permissible equipment pressure without damage to the enclosure persons may submit written comments, that is used in gassy mines and tunnels; ana/or flame arrester (s). Also the en­ suggestions, or objections with respect to procedures for applying for such cer­ closure and/or flame arrester (s) shall the proposed revision of the regulations tification; and fees. prevent the discharge of flame from

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8631 within either the enclosure or the flame reserves the right to require more than label which is attached to the system or arrester, or the ignition of any flamma­ one of each component, subassembly, or component in a manner acceptable to ble mixture that surrounds the enclosure assembly for the investigation. Spare the Bureau. The method of attachment and/or flame arrester.1 parts and expendable components, sub­ shall not impair the explosion-proof (k) “Normal operation” means that ject to wear in normal operation, shall be bharacteristics of any enclosure. The performance of each component as well supplied by the applicant to permit con­ plate or label shall be of serviceable ma­ as of the entire assembly of the methane­ tinuous operation during test periods. terial, acceptable to the Bureau, and monitoring system is in conformance The applicant shall furnish special tools shall contain the following inscription the functions for which it was designed necessary to assemble or disassemble any with spaces for appropriate identification and for which it was tested by the component or subassembly for inspection of the system or component and assigned Bureau. or test. certificate number: (l) “Flame arrester” means a device (d) The applicant shall submit a plan Manufacturer's Name______so constructed that it will prevent prop­ of inspection of components at the place Description______agation of flame or explosion from with­ of manufacture or assembly. The appli­ (Name) in the unit of which it is part to a sur­ cant shall furnish to the Bureau a copy Model or Type No______rounding flammable mixture. of any factory-inspection form or equiv­ Certified as complying with the applicable (m) “Intrinsically safe equipment and alent with the application. The form requirements of Schedule 32A. circuitry” means equipment and cir­ shall direct attention to the points that Certificate No______cuitry that are incapable of releasing must be checked to make certain that all § 27.8 Fees. enough electrical or thermal energy un­ components or subassemblies of the com­ (a) Detailed inspection—each assem- der normal or abnormal conditions to plete assembly are in proper condition, bled component______$60 cause ignition of a flammable mixture of ■complete in all respects, and in agree­ (b) Explosion testing—each explo­ the most easily ignitable composition. ment with the drawings, specifications, sion-proof enclosure______70 (n) “Fail safe” means that the cir­ and descriptions filed with the Bureau. (c) Each series of tests to determine cuitry of a methane-monitoring system (e) The applicant shall furnish to the adequacy of design, materials, shall be so designed that electrical fail­ and/or construction______105 Bureau complete instructions for operat­ (d) Tests to determine safe operation ure of a component which is critical in ing the assembly and servicing compo­ and performance of a complete the Bureau’s opinion will result in de­ nents. After completion of the Bureau’s methane-monitoring system____ 200 energizing the methane-monitoring sys­ investigation, and before certification, if (e) Tests to determine intrinsic safe­ tem and the machine or equipment of any revision of the instructions is re­ ty------_------____ 105 which it is a part. quired, a revised copy thereof shall be (f) Pinal examination and recording of drawings and specifications § 27.3 Consultation. submitted to the Bureau for inclusion with the drawings and specifications. requisite to issuing a letter of cer­ By appointment, applicants or their tification ______n o representatives may visit the Bureau’s § 27.5 Letter of certification. (g) Examining and recording draw­ ings and specifications requisite Health and Safety Research and Testing (a) Upon completion of investigation to issuing an extension of certifi­ Center, 4800 Forbes Avenue, Pittsburgh, of a methane-monitoring system, or com­ cation, each 4 hours or fraction Pa., 15213, to discuss with qualified Bu­ ponent or subassembly thereof, the Bu­ thereof______35 reau personnel proposed methane-moni­ reau will issue to the applicant either a (h) Tests to assist an applicant in toring systems to be submitted in ac­ letter of certification or a written notice evaluating equipment intended cordance with the regulations of this of disapproval, as the case may require. for certification may be made at part. No charge is made for such con­ If a letter of certification is issued, no the discretion of the Bureau. sultation and no written report thereof Written requests for such tests test data or detailed results of tests will shall be directed to the Bureau of will be made to the applicant. accompany it. If a notice of disapproval Mines, 4800 Porbes Avenue, Pitts­ § 27.4 Applications. is issued, it will be accompanied by de­ burgh, Pennsylvania, 15213, Atten­ tails of the defects, with a view to possible tion: Electrical-Mechanical Test­ (a) No investigation or testing for cer­correction. The Bureau will not disclose, ing. A deposit of $200 shall be tification will be undertaken by the except to the applicant or his authorized paid in advance when such tests Bureau except pursuant to a written ap­ representative, any information because have been authorized. The fees plication, in duplicate, accompanied by of which a notice of disapproval has been charged shall depend on the work all drawings, specifications, descriptions, performed based on normal issued. charges. Any surplus will be re­ and related materials and also a check, (b) A letter of certification will be funded at the completion of the bank draft, or money order, payable to accompanied by an appropriate cau­ work, or applied to future work, the Bureau of Mines, to cover the fees. tionary statement specifying the condi­ on the same device, as directed by The application and all related matters tions to be observed for operating and the applicant__ ___.______,_;■___ _ and correspondence concerning it shall maintaining the device(s) and to pre­ If an applicant is unable to determine 2 addressed to the Bureau of Mines, serve its certified status. Porbes Avenue, Pittsburgh, Pa., the exact fee that should be submitted 15213, Attention: Electrical-Mechanical § 27.6 Certification of components. with his application, the information Testing. will be provided upon request addressed In accordance with § 27.4, manufac­ to the Bureau of Mines, 4800 Forbes _ ^ ) Brawings, specifications, and de- turers of components may apply to the Avenue, Pittsburgh, Pa.^ 15213, Atten­ j ,ri*™Loris shall be adequate in detail to Bureau to issue a letter of certification. tion : Electrical - Mechanical Testing. aentify fully all components and sub- To qualify for certification, electrical Any surplus from a fee submitted in ex­ semblies that are submitted for investi- components shall conform to the pre­ cess of requirements will be refunded to ant* include wiring and scribed inspection and test requirements the applicant upon completion or ter­ diagrams. All drawings shall in- and the construction thereof shall be mination of the investigation or tests, S number, and date; any re- adequately covered by specifications of­ .°^ dates and the purpose of each ficially recorded and filed with the Bu­ §27.9 Dale for conducting tests. ^« lo n shall also be shown on the draw- reau. Letters of certification may be The application, payment of necessary cited to fabricators of equipment in­ fees, and submission of required material irJCLFor_?, comPlete investigation lead- tended for use in a certified methane­ will determine the order of precedence fumiev« ce^f®ca^ on. the applicant shall monitoring system as evidence that fur­ for testing when more than one applica­ necessary components and ther inspection and test of the com­ tion is pending. The applicant will be atenal to the Bureau. The Bureau ponents will not be required. notified of the date on which tests will § 27.7 Certification plate or label. begin. sem^?ioSivn,"proof components or subas- Note: If an assembly, subassembly, or With constructed In accordance . A certified methane-monitoring sys­ component fails to meet any of the require­ w S l ^ errc

No. 120—Pt. i- FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8632 PROPOSED RULE MAKING cause of failure is corrected, testing will be principles, and is safe for its intended (b) A methane detector shall include: resumed after completing such other test use. Since all possible designs, arrange­ (1) A method of continuous sampling work as may be in progress. ments, or combinations of components of the atmosphere in which it functions. § 27.10 Conduct of investigations, tests, cannot be foreseen, the Bureau reserves (2) A method for actuating a warn­ and demonstrations. the right to modify the construction and ing device which shall function auto­ design requirements of components or matically at a methane content of the The Bureau shall hold as confidential subassemblies and the tests to obtain the mine atmosphere between 1.0 to 1.5 vol­ and shall not disclose principles or degree of protection intended by the tests ume percent. The warning device shall patentable features, nor shall it disclose described in Subpart C of this part. also function automatically at all higher any details of drawings, specifications, (b) Unless otherwise noted, the re­ concentrations of methane in the mine or related materials. The conduct of all quirements stated in this part shall apply atmosphere. investigations, tests, and demonstrations to explosion-proof enclosures and intrin­ (3) A method for actuating a power- shall be under the sole direction and con­ sically safe circuits. shutoff component, which shall function trol of the Bureau, and any other persons (c) All components, subassemblies, automatically when the methane con­ shall be present only as observers, ex­ and assemblies shall be designed and con­ tent of the mine atmosphere is 2.0 vol­ cept as noted in paragraph (b) of this structed in a manner that will not create ume percent and at all higher concen­ section. an explosion or fire hazard. trations of methane. (a) Prior to the issuance of a letter (d) All assemblies or enclosures—ex­ (4) A suitable filter on the sampling of certification, only Bureau personnel, plosion-proof or intrinsically safe—shall intake to prevent dust and moisture from representatives of the applicant, and be so designed that the temperatures of entering and interfering with normal such other persons as are mutually the external surfaces, during continuous operation. agreed upon may observe the investi­ operation, do not exceed 150° C. (302° P.) Note: This requirement for the methane gations or tests. at any point. detector may be waived if the design is such (b) When requested by the Bureau, (e) Lenses or globes shall be protected as to preclude the need of a filter. the applicant shall provide assistance in against damage by guards or by location. (c) A methane detector may provide assembling or disassembling components, (f) If the Bureau determines that an subassemblies, or assemblies for testing, means for sampling at more than one explosion hazard can be created by point; provided, the methane detector preparing components, subassemblies, or breakage of a bulb having an incandes­ assemblies for testing, and operating the shall separately detect the methane in cent filament, the bulb mounting shall be the atmosphere at each sampling point system during the teste. so constructed that the bulb will be eject­ (C) After the issuance of a letter Of with, in the Bureau’s opinion, sufficient ed if the bulb glass enclosing the fila­ frequency. certification, the Bureau may conduct ment is broken. such public demonstrations and teste of § 27.23 Automatic warning device. the certified methane-monitoring system Note: Other methods that provide equiva­ or components as it deems appropriate. lent protection against explosion hazards (a) An automatic warning device shall from incandescent filaments may be con­ be suitably constructed for incorporation § 27.11 Extension of certification. sidered satisfactory at the discretion of the in or with permissible and approved If an applicant desires to change any Bureau. equipment that is operated in gassy feature of a certified system or com­ § 27.21 Methane-monitoring system. mines and tunnels. ponent, he shall first obtain the Bureau’s (b) An automatic warning device shall approval of the change, pursuant to the (a) A methane-monitoring system include an alarm signal (audible or col­ following procedure: shall be so designed that any machine ored light), which shall be made to func­ (a) Application shall be made as for or equipment, which is controlled by the tion automatically at a methane content an original certification, requesting that system, cannot be operated unless the of the mine atmosphere between 1.0 to the existing certification be extended to electrical components of the methane­ 1.5 volume percent and at all higher cover the proposed changes. The appli­ monitoring system are functioning concentrations of methane. cation shall include complete drawings, normally. (c) It is recommended that the auto­ specifications, and related data, showing (b) A methane-monitoring system matic warning device be supplemented the changes in detail. shall be rugged in construction so that by a meter calibrated in volume percent (b) The application will be examined its operation will not be affected by vibra­ of methane. by the Bureau to determine whether in­ tion or physical shock, such as normally § 27.24 Power-shutoff component. spection and testing of the modified sys­ encountered in mining operations. tem or component or of a part will be re­ (c) Insulating materials that give (a) A power-shutoff component shall quired. The Bureau will inform the ap­ off flammable or explosive gases when be suitably constructed for incorporation plicant whether testing is required; the decomposed shall not be used within in or with permissible and approved component or components and related enclosures where they might be sub­ equipment that is operated in gassy material to be submitted for that pur­ jected to destructive electrical action. mines and tunnels. pose; and the fee for testing. (d) An enclosure shall be equipped (b) The power-shutoff com ponent (c) If the proposed modification meets with a lock, seal, or acceptable equiva­ shall include: the requirements of this part, a formal lent when the Bureau deems such pro­ (1) A means which shall be m ade to extension of certification will be issued, tection necessary for safety. function automatically to deenergize the accompanied by a list of revised draw­ (e) A component or subassembly of machine or equipment when actuated by ings and specifications which the Bu­ a methane-monitoring system shall be the methane detector at a methane reau has added to those already on file. constructed as a package unit or other­ concentration of 2.0 vqlume percent ana wise in a manner acceptable to the Bu­ at all higher concentrations in the mine § 27.12 Withdrawal of certification. reau. Such components or subassem­ atmosphere. The Bureau reserves the right to re­ blies shall be readily replaceable or re­ (i) For an electric-powered machine scind for cause any certification issued movable without creating an ignition or equipment energized by means of a under this part. hazard. trailing cable, the power-shutoff com­ (f) The complete system shall “fall ponent shall, when actuated by m Subpart B— Construction and Design safe” in a manner acceptable to the methane detector, cause a control cir­ Requirements Bureau. cuit to shut down the machine or equip­ ment on which it is installed; or it sna § 27.20 Quality of material, workman­ § 27.22 Methane detector component. cause a control circuit to deenergize do ship, and design. (a) A methane detector componentthe machine or equipment and the tra (a) The Bureau will test only equip­shall be suitably constructed for incor­ ing cable. ment that, in its opinion, is constructed poration in or with permissible and ap­ Note: It is not necessary that P?w®rJ?!! of suitable materials, is of good work­ proved equipment that is operated in controlled both at the machine and at manship, is based on sound engineering gassy mines and tunnels. outby end of the trailing cable.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8633

For a battery-powered machine predetermined percentage of gas and also Overall lens diameter Height of fall provide an impulse to actuate a power (inches) (inches) or equipment, the methane-monitor Less than 4______!_------6 power-shutoff component shall, when shutoff at a second predetermined per­ 4 to 5______.___ .______9 actuated by the methane detector, cause centage of gas. (See §§ 27.21, 27.22, 5 to 6______15 a control circuit to deenergize the ma­ 27.23, and 27.24.) 4 Greater than 6______24 chine or equipment as near as possible (b) Field tests. The Bureau reserves to the battery terminals. the right to conduct tests, similar to Lenses or windows of smaller diameter (iii) For a diesel-powered machine or those stated in paragraph (a) of this than 1 inch may be tested by alternate equipment, the power-shutoff compo­ section, in underground workings to methods at the discretion of the Bureau. nent, when actuated by the methane verify reliability and durability of a detector, shall shut down the prime methane-monitoring system installed in § 27.39 Tests to determine resistance to mover and deenergize all electrical com­ connection with a piece of mining equip­ vibration. ponents of the machine or equipment. ment. (a) Laboratory tests for reliability and Batteries are to be disconnected as near durability. Components, subassemblies, as possible to the battery terminals. § 27.33 Tests to determine explosion- or assemblies that are to be mounted on Headlights which are approved under proof construction. permissible and approved equipment part 20 of this subchapter (Schedule 10, Any assembly, subassembly, or com­ shall be subjected to two separate vibra­ or any revision thereof) are specifically ponent which, in the opinion of the Bu­ tion tests, each of one-hour duration. exempted from this requirement. reau, requires explosion-proof construc­ The first test shall be conducted at a (2) An arrangement for testing the tion shall be tested in accordance with frequency of 30 cycles per second with a power-shutoff characteristic to deter­ the procedures stated in Part 18 of this total movement per cycle of Viq inch. mine whether the power-shutoff com­ subchapter. The second test shall be conducted at a ponent is functioning properly. § 27.34 Test for intrinsic safety. frequency of 15 cycles per second with a total movement per cycle of Va inch. Subpart C— 'Test Requirements Assemblies, subassemblies, or com­ Components, subassemblies, and as­ § 27.30 Inspection. ponents that are designed for intrinsic semblies shall be secured to the vibration safety shall be tested by introducing into testing equipment in their normal oper­ A detailed inspection shall be made the circuit (s) thereof a circuit-interrupt­ by the Bureau of the equipment and all ating positions (with shock mounts, if ing device which produces an electric regularly provided with shock mounts). components and functions related to spark from the current in the circuit. safety in operation, which shall include : The circuit-interrupting device shall be Each component, subassembly and as­ (a) Examining materials, workman­ placed in a gallery containing various sembly shall function normally during ship, and design to determine conform­ flammable natural gas-air mixtures. To and after each vibration test. ance with paragraph (a) of § 27.20. meet the requirements of this test, the Note: The vibrating equipment is de­ (b) Comparing components and sub- spark shall not ignite the flammable mix­ signed to impart a circular motion in a plane assemblies with the drawings and specifi­ ture. For this test the circuit-interrupt­ inclined 45° to the vertical or horizontal. cations to verify conformance with the ing device shall be operated not less than (b) Field tests. The Bureau reserves requirements of this part. 100 times at 125 percent of the normal the right to conduct tests to determine § 27.31 Testing methods. operating voltage of the particular resistance to vibration in underground circuit. A methane-monitoring system shall workings to verify the reliability and be tested by the Bureau to determine § 27.35 Tests to determine life of criti­ durability of a methane-monitoring sys­ its functional performance, and its ex­ cal components and subassemblies. tem or component(s) thereof where in­ plosion-proof and other safety charac­ Replaceable components may be sub­ stalled in connection with a piece of teristics. Since all possible designs, ar­ jected to appropriate life tests at the mining equipment. rangements, or combinations cannot be discretion of the Bureau. foreseen, the Bureau reserves the right § 27.40 Test to determine resistance to to make any tests or to place any limita­ § 27.36 Test for adequacy of electrical dust. tions on equipment, or components or insulation and clearances. Components, subassemblies, or assem­ subassemblies thereof, not specifically The Bureau shall examine, and test in blies, the normal functioning of which covered herein, to determine and assure a manner it deems suitable, electrical might be affected by dust, such as coal the safety of such equipment with regard insulation and clearances between elec­ or rock dust, shall be tested in an atmos­ to explosion and fire hazards. trical conductors to determine adequacy phere containing an average concentra­ for the intended service. § 27.32 Tests to determine performance tion (50 million minus 40 micron parti- of the system. § 27.37 Tests to determine adequacy of ciles per cubic foot)'of such dust(s) for safety devices for bulbs. a continuous period of 4 hours. The (a) Laboratory tests for reliability component, subassembly, or assembly and durability. Five hundred successful The glass envelope of bulbs with the shall function normally after being consecutive testsfor gas detection, filament incandescent at normal operat­ subjected to this test. alarm action, and power shutoff in ing voltage shall be broken in flammable natural gas-air mixtures 3 shall be con­ methane-air or natural gas-air mixtures Note : Dust measurements, when necessary, ducted to demonstrate acceptable per­ in a gallery to determine that the safety shall be made by impinger sampling and formance as to reliability and durability device will prevent ignition of the flam­ light-field counting technique. of a methane-monitoring system. The mable mixtures. § 27.41 Test to determine resistance to tests shall be conducted as follows: m oisture. (1) The methane detector component § 27.38 Tests to determine adequacy of “fall be placed in a test gallery into windows and lenses. Components, subassemblies, or as­ wmch natural gas shall be made to enter Impact tests. A 4-pound cylindrical semblies, the normal functioning of at various rates with sufficient turbulence weight with a one-inch diameter hemi­ which might be affected by moisture, for proper mixing with the air in the spherical striking surface will be dropped shall be tested in atmospheres of high sauery. To comply with the require- (free fall) to strike the window or lens relative humidity (80 percent or more at ents of this test, the detector shall pro- in its mounting or the equivalent thereof 65°-75° F.) for continuous operating and _ e an impulse to actuate an alarm at a at or near the center. At least three out of four samples shall withstand the im­ idle periods of 4 hours each. The com­ Rhlii0rn?al replacements and adjustments pact according to the following table: ponent or subassembly or assembly shall not constitute a failure. function normally after being subjected ticain^”^?ati°n has stlown that, for prac- to those tests. purposes, natural gas (containing a *• At the option of the Bureau, these tests Euhat?+er. en*a®e oi methane) is a satisfactory will be conducted with dust or moisture [F.R. Doc. 66-6764; Filed, June 21, 1966; itute for pure methane in these tests. added to the atmosphere within the gallery. 8:45 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8634 PROPOSED RULE MAKING (d) Distribution of proceeds to pro­ should be priced as received at the un­ DEPARTMENT OF AGRICULTURE ducers; and regulated plant. (e) Administrative provisions. The handling of the reserve milk of Consumer and Marketing Service 4. With respect to the Suburban St.a pool plant may require diversion of producer milk to an unregulated plant 17 CFR Parts 1032, 1050 1 Louis order; revision of order provisions to properly reflect marketing conditions for the purpose of manufacturing into [Docket Nos. AO-355, AO-313-A8] in the presently regulated territory and Class II products. Such diversion of a territory proposed to be added to the producer’s milk, pursuant to § 1032.14 MILK IN CENTRAL ILLINOIS AND marketing area, and coordination with (b), may now be made on any number SUBURBAN ST. LOUIS MARKETING provisions of an order which may be of days in the months of February AREAS issued for a Central Illinois marketing through August; and in any other area, including: month, for not more days of production Decision on Proposed Amendments to (a) The scope of regulation: by such producer than his milk is Tentative Marketing Agreement (1) Marketing area; physically received at pool plants. and to Order (2) Fool plant provisions; and Within these specified limits, milk di­ (3) Producer milk, including: verted to an unregulated plant is treated Pursuant to the provisions of the Agri­ (i) Milk received at pool plant; as part of the regular supply for the cultural Marketing Agreement Act of (ii) Milk diverted to nonpool plants market, and as such it qualifies for 1937, as amended (7 U.S.C. 601 et seq.), not regulated by another order; pooling. and the applicable rules of practice and (iii) Milk diverted to plants regulated Producer associations, however, ex­ procedure governing the formulation of by another order; and pressed concern that considerable quan­ marketing agreements and marketing (iv) Milk diverted to other pool plants. tities of milk are sometimes qualified orders (7 CFR Part 900), a public hear­ (4) Other definitions, including han­ under the diversion provision merely for ing was held at Peoria and Springfield, dler, fluid milk product, and such defini­ the advantage of receiving the uniform 111., on October 6-8 and 11-13, 1965, tions as necessary to conform with price, and do not represent regular milk pursuant to notice thereof issued on needed changes in other order provisions. supply for fluid needs. Also, concern September 10, 1965 (30 F.R. 11761). (b) The classification and allocation was expressed that price advantage is Upon the basis of the evidence intro­ of milk, including: enjoyed by certain groups of producers duced at the hearing and the record (1) Revision of shrinkage provisions; who receive the marketing area uniform thereof, the Deputy Administrator, Reg­ (2) Disposition of fluid milk products price for milk diverted to distant plants. ulatory Programs on April 26, 1966 (31 as animal feed and dumped; and For example, a dairy farmer at some F.R. 6497; F.R. Doc. 66-4720), filed with (3) Surplus disposal area. distance from the market may qualify as the Hearing Clerk, U.S. Department of (c) The determination and level of a producer by delivering for a few days Agriculture, his recommended decision class prices and butterfat differentials. to a base zone pool plant, and then con­ containing notice of the opportunity to (d) Application of location adjust­ tinue to receive the base zone .price file written exceptions thereto. ments to: while his milk is diverted to an unregu­ The material issues, findings and con­ (1) Milk received from producer farms lated plant closer to his farm. clusions, rulings, and general findings of a t pool plants; The testimony of one handler showed the recommended decision (31 F.R. 6497; (2) Milk diverted to nonpool plants that shifting of dairy farmers’ deliveries F.R. Doc. 66-4720) are hereby approved not regulated by any order; between his pool and nonpool plants re­ and adopted and are set forth in full (3) Milk diverted to plants regulated sulted at times in the pool carrying a herein subject to the following by another order; greater burden of Class n use than the modifications : (4) Milk diverted between pool nonpool operation. While diverted to a 1. The first paragraph under issue 4— plants; and nonpool plant for manufacturing, the (a) (3) (ii) “Milk diverted to unregulated (5) Milk transferred between plants. milk of the dairy farmers nevertheless plants” is revised. (e) Administrative provisions and participated in the market pool utili­ 2. The 4th through the 8th paragraphs conforming changes. zation. are deleted and a new paragraph is This decision deals only with the issues The various proposals on the record added thereafter. under the Suburban St. Louis order of would provide limitation of diversion of 3. The 9th paragraph is revised and milk diverted to nonpool plants not regu­ producer milk either in terms of the three new paragraphs are added im­ lated by another order and the appro­ number of days of production of a mediately thereafter. priate location pricing of such milk producer, or as a percentage of the total 4. The 10th through the 12th para­ (Issues No. 4 (a)(3)(ii) and (d)(2)). of producer milk received at a pool plant. graphs are deleted. All of the remaining material issues with Either of such methods of limiting diver­ 5. The 14th through the 16th para­ respect to the proposed Central Illinois sion is practical and has been used in graphs are deleted. and Suburban St. Louis orders will be Federal milk orders. The recommended The material issues of the record re­ considered in a further decision on the decision proposed that diversions be ex­ late to: record. pressed in terms of percentages of pro­ 1. Whether the handling of milk pro­ Findings and conclusions. The fol­ ducer milk physically received at a pool duced for sale in the proposed new area lowing findings and conclusions on ma­ plant. to be regulated is in the current of in­ terial issues 4 (a) (3(ii) and (d)(2) are Exceptions filed by eight cooperative terstate commerce or directly burdens, based on evidence presented at the hear­ associations indicated that diversion obstructs, or affects interstate commerce ing and the record thereof: based on a number of days of production in milk or its products. Milk diverted to unregulated plants. of a producer’s milk would be preferable 2. Whether marketing conditions show The order should be amended to provide to the percentage basis of diversion pro­ the need for the issuance of a milk mar­ that the milk of a producer may be di­ vided in the recommended decision. keting agreement or order for all or part verted to an unregulated plant for not They stated that diversion of producer of the proposed new area to be regulated more than 8 days’ production of producer milk should be limited to eight days which will tend to effectuate the de­ milk by such producer during each of the production during ten months of yne clared policy of the Act. ' months of July through April. For the year with unlimited diversion being 3. If an order is issued for any or all months of May and June, diversion of a allowed during the months of May an of the proposed new area to be regulated, producer’s milk to an unregulated plant June. A handler's exception likewise what its provisions should be with respect should be permitted on any day during supported unlimited diversion ouring to: the month. For pricing purposes, milk the months of May and June, i (a) The scope of regulation; diverted less than 50 miles from a handler also took exception to the pe - (b) The classification and allocation pool plant to a plant not regulated centage method of expressing dive^... of milk; by any order should be considered limits and indicated a desire for a unn (c) The determination and level of as received at the pool plant from which of 12 production days during otn class prices; diverted. Milk diverted 50 miles or more months.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8635 After a review of the record and ex­ milk the market pool would be in effect Rulings on exceptions. In arriving at ceptions, it is concluded that diversion paying such producer for moving his the findings and conclusions, and the of eight days of production of a pro­ milk to market when actually it is not so regulatory provisions of this decision, ducer’s milk should be permitted in all delivered. each of the exceptions received was care­ months except May and June and that To preclude this the order should pro­ fully and fully considered in conjunc­ diversions in May and June be unlimited. vide that milk diverted more than 50 tion with the record evidence pertaining In May and June, peak milk production miles from a pool plant should be priced thereto. To the extent that the findings requires more diversion of producer milk at the location of the plant to which di­ and conclusion^, and the regulatory than in other months. verted. When milk is moved for diver­ provisions of this decision are at variance Diversion of eight days of production sion to an unregulated plant more .than with any of the exceptions, such excep­ closely approximates, on an individual 50 miles from the pool plant there are tions are hereby overruled for the rea­ producer basis, the higher of the two per­ many instances where there could be an sons previously stated in this decision. centage limits in the recommended de­ appreciable saving in transportation. Marketing agreement and order. An­ cision, which was 35 percent of producer On the other hand, such pricing is not nexed hereto and made a part hereof are milk physically received at pool plants. necessary in the case of milk diverted two documents entitled respectively, Diversion of eight days of production is shorter distances, since there would be “Marketing Agreement Regulating the approximately 36.4 percent of the milk little change, if any, in the hauling Handling of Milk in the Suburban St. which would be delivered for the remain­ charge. It is concluded, therefore, that Louis Marketing Area,” and “Order ing 22 days of a 30-day month to pool milk diverted less than 50 miles from Amending the Order Regulating the plants. The more liberal percentage the plant from which diverted should Handling of Milk in the Suburban St. limit of 40 percent suggested by the continue to be priced at the pool plant Louis Marketing Area,” which have been handler’s exceptions is not adopted. from which diverted. decided upon as the detailed and ap­ Additional flexibility in handling of re­ Rulings on proposed findings and con­ propriate means of effectuating the fore­ serve milk is afforded by present order clusions. Briefs and proposed findings going conclusions. provisions which allow diversion of milk and conclusions were filed on behalf of It is hereby ordered, That all of this between pool plants. This enables cer­ certain interested parties. These briefs, decision, except the attached marketing tain pool plant operators lacking manu­ proposed findings and conclusions and facturing facilities to divert reserve milk the evidence in the record were con­ agreement, be published in the F ederal R egister. The regulatory provisions of to pool plants which do have such manu­ sidered in making the findings and con­ facturing facilities. clusions set forth above. To the extent said marketing agreement are identical It is necessary that the order contain that the suggested findings and conclu­ with those contained in the order as the above described limitations on the sions filed by interested parties are in­ hereby proposed to be amended by the amount of milk which may be diverted consistent with the findings and conclu­ attached order which will be published temporarily while it is not needed in sions set forth herein, the requests to with this decision. the market for Class I purposes. The make such findings or reach such con­ Determination of representative period. provisions adopted herein will provide clusions are denied for the reasons The month of February 1966 is hereby adequate opportunity to dispose of mar­ previously stated in this decision. determined to be the representative ket reserves in an economical manner General findings. The findings and period for the purpose of ascertaining and yet not encourage the accumulation determinations hereinafter set forth are whether the issuance of the attached of unneeded reserves which would bur­ supplementary and in addition to the order, as amended and as hereby pro­ den the market pool. findings and determinations previously posed to be amended, regulating the Location pricing of diverted milk. made in connection with the issuance of handling of milk in the Suburban St. The order should be modified with re­ the aforesaid order (Part 1032) and of Louis marketing area, is approved or spect to the location at which milk di­ the previously issued amendments there­ favored by producers, as defined under verted to an unregulated plant is deemed to; and all of said previous findings and the terms of the order, as amended and to be received for purposes of pricing. determinations are hereby ratified and as hereby proposed to be amended, and ^ie order now provides that the milk affirmed, except insofar as such findings who, during such representative period, is deemed to be received at the pool plant and determinations may be in conflict were engaged in the production of milk from which diverted. with the findings and determinations set for sale within the aforesaid marketing Cooperative association representa­ forth herein. area. tives claimed that inequitable advantage (a) The tentative marketing agree­ Signed at Washington, D.C., on June was being obtained by distant producers ment and the order, as hereby proposed 16,1966. when their milk was diverted from a to be amended, and all of the terms and G eorge L. M ehren, Plant in the marketing area to an un­ conditions thereof, will tend to effectuate Assistant Secretary. regulated plant near the location of the the declared policy of the Act; producer. In such case, the producer (b) The parity prices of milk as de­ Order1 Amending the Order Regulating r

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8636 PROPOSED RULE MAKING

(à) Findings upon the "basis of the subject to the pricing and pooling pro­ As parts of these proposals relate to hearing record. Pursuant to the pro­ visions of another order issued pursuant the navigable airspace outside the United visions of the Agricultural Marketing to the Act on any day during the months States, this notice is submitted in con­ Agreement Act of 1937, as amended (7 of May and June and in any other month sonance with the ICAO International U.S.C. 601 et seq.), and the applicable for not more than eight days of produc­ Standards and Recommended Practices. rules of practice and procedure gov­ tion of producer milk by such producer; Applicability of International Stand­ erning the formulation of marketing ***** ards and Recommended Practices, by the agreements and marketing orders (7 (4) Milk diverted for the account of a Air Traffic Service, FAA, in areas outside CFR Part 900), a public hearing was handler in his capacity as operator of a domestic airspace of the United States held upon certain proposed amend­ pool plant shall be deemed to have been is governed by Article 12 and Annex 11 ments to the tentative marketing received at the pool plant from which di­ to the Convention on International Civil agreement and to the order regulating verted, except as provided in subpara­ Aviation (ICAO), which pertains to the the handling of milk in the Suburban St. graph (6) of this paragraph; establishment of air navigation facilities Louis marketing area. Upon the basis (5) Milk diverted for the account of and services necessary to promoting the of the evidence introduced at such hear­ a cooperative association shall be deemed safe, orderly and expeditious flow of civil ing and the record thereof, it is found to have been received by the cooperative air traffic. Its purpose is to insure that that: association at a pool plant at the loca­ civil flying on international air routes is ( 1 ) The said order as hereby amended, tion of the pool plant from which di­ carried out under uniform conditions and all of the terms and conditions there­ verted, except as provided in subpara­ designed to improve the safety and effi­ of, will tend to effectuate the declared graph (6) of this paragraph; and ciency of air operations. policy of the Act; (6) For pricing purposes milk diverted The International Standards and Rec­ (2) The parity prices of milk, as deter­ pursuant to subparagraph (2) of this ommended Practices in Annex 11 apply mined pursuant to section 2 of the Act, paragraph, to a plant located more than in those parts of the airspace under the are not reasonable in view of the price 50 miles (by the shortest highway dis­ jurisdiction of a contracting state, of feeds, available supplies of feeds, and tance as determined by the market ad­ derived from ICAO, wherein air traffic other economic conditions which affect ministrator) from the pool plant from services are provided and also whenever market supply and demand for milk in which diverted, shall be deemed to be a contracting state accepts the respon­ the said marketing area, and the mini­ received by the diverting handler at the sibility of providing air traffic services mum prices specified in the order as location of the plant to which diverted. over high seas or in airspace of under­ hereby amended, are such prices as will [F.R. Doc. 66-6780; FUed, Juñe 21, 1966; mined sovereignty. A contracting state reflect the aforesaid factors, insure a 8:46 a.m.] accepting such responsibility may apply sufficient quantity of pure and wholesome the International Standards and Rec­ milk, and be in the public interest; and ommended Practices to civil aircraft in (3) The said order as hereby amended, a manner consistent with that adopted regulates the handling of milk in the FEDERAL AVIATION AGENCY for airspace under its domestic juris­ same manner as, and is applicable only I 14 CFR Part 71 ] diction. to persons in the respective classes of In accordance with Article 3 of the industrial or commercial activity speci­ [Airspace Docket No. 65-PC-6] Convention on International Civil Avia­ fied in, a marketing agreement upon CONTROL ZONE AND TRANSITION tion, Chicago, 1944, state aircraft are which a hearing has been held. AREA exempt from the provisions of Annex 11 Order relative to handling. It is there­ and its Standards and Recommended fore ordered, that on and after the ef­ Proposed Designation Practices. As a contracting state, the fective date hereof, the handling of milk The Federal, Aviation Agency is con­ United States agreed by Article 3(d) in the Suburban St. Louis marketing area sidering amendments to Part 71 of the that its state aircraft will be operated in shall be in conformity to and in com­ Federal Aviation Regulations that would international airspace with due regard pliance with the terms and conditions alter the controlled airspace in the for the safety of civil aircraft. of the aforesaid order, as amended and vicinity of Johnston Island AFB, Johns­ Since this action involves, in part, the as hereby amended, as follows; ton Atoll as follows: designation of navigable airspace out­ The provisions of the proposed market­ 1. The Johnston Island control zone side the United States, the Administra­ ing agreement and order amending the would be designated within a 5-mile tor-has consulted with the Secretary of order contained in the recommended de­ radius of the Johnston Island AFB, State and the Secretary of Defense in cision issued by the Deputy Administra­ Johnston Atoll (latitude 16°44'19" N., accordance with the provisions of Execu­ tor, Regulatory Programs, on April 26, longitude 169°31'12" W.); within 2 miles tive Order 10854. 1966, and published in the F ederal R eg­ each side of the extended centerline of Interested persons may participate in ister on April 29, 1966 (31 F.R. 6497; runway 05, extending from the 5-mile the proposed rule making by submit­ F.R. Doc. 66-4720), shall be and are the radius zone to 6.5 miles northeast of the ting such written data, views, or argu­ terms and provisions of this order, and Johnston Island radio beacon, and with­ ments as they may desire. Communica­ are set forth in full herein subject to in 2 miles each side of the 241® True tions should identify the airspace docket the following revisions: bearing from the Johnston Island radio number and be submitted in triplicate Index of changes. 1. Changes are beacon, extending from the 5-mile radius to the Director, Pacific Region, Atten­ made in § 1032.14(b)(2). zone to 12 miles southwest of the radio tion: Chief, Air Traffic Division, Federal 2. In § 1032.14(b) redesignation of beacon. Aviation .Agency, Post Office Box 4009, subparagraph (3) as (4), (4) as (5), (5) 2. The Johnston Island transition area Honolulu, Hawaii, 96812. All communi­ as (6) is rescinded. would be designated as that airspace ex­ cations received within 30 days after 3. In § 1032.14(6), the inclusion of a tending upward from 1,200 feet above publication of this notice in the F ederal new subparagraph (3) is rescinded. the surface within a 100 nmi radius of the R egister will be considered before action 4. In § 1032.14(b), the new subpara­ Johnston Island radio beacon. is taken on the proposed amendments. graph (7) to be added is changed and The proposed control zone and transi­ The proposals contained in this notice redesignated (6). tion area would provide controlled air­ may be changed in the light of comments Section 1032.14(b) (2), (4), and (5) space for aircraft executing prescribed received. are revised and a new subparagraph holding patterns, and instrument ap­ An official docket will be available for (6) is added to read as follows: proach and departure procedures at examination by interested persons at Johnston Island AFB. Additionally, the the Federal Aviation Agency, Office of § 1032.14 Producer milk. transition area would provide controlled the General Counsel, Attention: Rules ***** airspace for the orderly transition of air­ Docket, 800 Independence Avenue SW., ( b ) * * * craft arriving and departing under in­ Washington, D.C., 20553. An informal (2) Milk of a producer diverted from strument flight rules conditions on ran­ docket also will be available for examina­ a pool plant to a nonpool plant (s) at dom routes between the terminal and the tion at the office of the Regional Air which the handling of milk is not fully oceanic control area. Traffic Division Chief.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8637 These amendments are proposed under establishment of air navigation facilities the authority of sections 307 i a) and 1110 and services necessary to promoting the of the Federal Aviation Act of 1958 (49 safe, orderly and expeditious flow of civil FEDERAL COMMUNICATIONS U.S.C. 1348, 1510, and Executive Order air traffic. Its purpose is to insure that 10854; 24F.R. 9565). civil flying on international air routes is COMMISSION Issued in Washington, D.C., on June carried out under uniform conditions [ 47 CFR Part 73 1 16,1966. designed to improve the safety and effi­ T. M cCormack, ciency of air operations. [Docket No. 16222; FCC 66-520] Acting Chief, Airspace and The International Standards and Air Traffic Rules Division. Recommended Practices in Annex 11 STANDARD BROADCAST SERVICE apply in those parts of the airspace under [P.R. Doc. 66-6806; Filed, June 21, 1966; the jurisdiction of a contracting state, Proposed Standard Method for Cal­ 8:49 am.] derived from ICAO, wherein air traffic culating Radiation for Use in Evalu­ services are provided and also whenever ating Interference, Coverage and [14 CFR Part 71 ] a contracting state accepts the responsi­ Overlap of Mutually Prohibited bility of providing air traffic services over Contours [Airspace Docket No. 63-SO-57] high seas or in airspace of undetermined CONTROL ZONE AND TRANSITION sovereignty. A contracting state accept­ Memorandum opinion and order. In ing such responsibility may apply the the matter of amendment of Part 73 of AREA International Standards and Recom­ the Commission rules to specify, in lieu of Proposed Alteration and Designation mended Practices to civil aircraft in a the existing MEOV concept, a standard manner consistent with that adopted for method for calculating radiation for use The Federal Aviation Agency is con­ airspace under its domestic jurisdiction. sidering amendments to Part 71 of the In accordance with Article 3 of the in evaluating interference, coverage, and Federal Aviation Regulation^ whiclK Convention on International Civil Avi­ overlap of mutually prohibited contours would alter controlled airspace in the ation, Chicago, 1944, state aircraft are in the Standard Broadcast Service. vicinity of Fort Myers, Fla. exempt from the provisions of Annex 11 1. The Commission released a notice of To implement the provisions of CAR and its Standards and Recommended Amendments 60-21/60-29 in the Fort proposed rule making in this proceeding Practices. As a contracting state, the on October 8, 1965 (FCC 65-908), pub­ Myers, Fla., terminal area, the Federal United States agreed by Article 3(d) Aviation Agency has under consideration that its state aircraft will be operated lished October 14, 1965, in the F ederal the following amendments to Part 71: in international airspace with due re­ R egister (30 F.R. 13079), on a proposal 1. The Fort Myers control zone would gard for the safety of civil aircraft. looking toward revision of § 73.150 of the be redesignated as that airspace within Since this action involves, in part, the standard (AM) broadcast rules to require a 5-mile radius of Page Field, Fort designation of navigable airspace outside Myers, Fla. (latitude 26°35'10" N., longi­ the calculation of proposed radiation the United States, the Administrator has patterns for directional antenna systems tude 81°51'50" W.); within 2 miles each consulted with the Secretary of State side of the Fort Myers VORTAC 215° and the Secretary of Defense in accord­ by a standardized method. As stated True radial, extending from the 5-mile ance with the provisions of Executive in the notice, the Commission’s proposal radius zone to 8 miles southwest of the Order 10854. would apply only to applications tendered VORTAC; and within 2 miles each side Interested persons may participate in for filing after implementing rules be­ of the 042° and 222° True bearings from the proposed rule making by submitting the Fort Myers RBN, extending from the come effective. Comments were invited 5-mile radius zone to 8 miles southwest such written data, views, or arguments on the proposal by January 14,1966, and of the RBN. as they may desire. Communications should identify the airspace docket by January 31,1966, for reply comments. 2. The Fort Myers transition area number and be submitted in triplicate In response to requests of parties, the would be designated as that airspace ex­ to the Director, Southern Region, At­ Commission ordered an extension of time tending upward from 700 feet above the tention: Chief, Air Traffic Division, Fed­ for filing comments on January 13, 1966, surface within an 8-mile radius of Page eral Aviation Agency, Post Office Box Field, Fort Myers, Fla.; and that a irr so that comments are now due by July 14, space extending upward from 1,200 feet 20636, Atlanta, Ga., 30320. All com­ 1966, and by August 15, 1966, for reply above the surface within a 20-mile radius munication^ received within 30 days after comments. of the Fort Myers VORTAC; the airspace publication of this notice in the F’ederal R egister will be considered before action 2. Before the Commission for consid­ northeast of Fort Myers extending from eration is a “Petition for Modification of the 20-mile radius area bounded on the is taken on the proposed amendments. west by V-7, on the northeast by V-97, The proposals contained in this notice Notice of Proposed Rule Making and for and on the southeast by V-225; and that may be changed in the light of comments Interim Suspension of Consideration of received. Pending Applications for Class II-A airspace east of Fort Myers extending An official docket will be available for from the 20-mile radius area bounded on examination by interested persons at the Standard Broadcast Facilities,” filed by he northwest by V-225, on the east by Columbia Broadcasting System (CBS) V-157W, and on the southwest by V-7. Federal Aviation Agency, Office of the The amended control zone and pro­ General Counsel, Attention: Rules Doc­ on October 29, 1965, herein.1 The peti­ posed transition area would provide ket, 800 Independence Avenue SW., tion requests modification of our proposal Washington, D.C., 20553. An informal to standardize a method for predicting controlled airspace for aircraft exe­ docket also will be available for examina­ cuting prescribed instrument approches, tion at the office of the Regional Air directional antenna performance to the »nissed approaches, holding and depar­ Traffic Division Chief. extent of extending its proposed applica­ ture procedures. tion to pending Class II-A standard parts of these proposals relate to These amendments are proposed under tne navigable airspace outside the United the authority of sections 307(a) and 1110 broadcast applications. Suspension of tates, this notice is submitted in con- of the Federal Aviation Act of 1958 (49 all hearings and action on such applica- U.S.C. 1348, 1510) and Executive Order gnance with the ICAO International 10854 (24 F.R. 9565) . anaards and Recommended Practices. 1The petition was also filed by CBS in _ . PPhcability of International Stand- Issued in Washington, D.C., on June Docket Nos. 15812-15813, 15998-16000, and Recommended Practices, by the 16, 1966. 16109-16115. Hearings are in progress in 10 ®erv*ce> pAA, in areas outside T. McCormack, these proceedings on conflicting applications pmm*™ airspace of the United States is Acting Chief, Airspace and for Class II-A stations on Class I-A fre­ by Article 12 and Annex 11. to Air Traffic Rules Division. quencies upon which CBS operates Class I- Airio^0nven^ 0n on International Civil [F.R, Doc. 66-6807; Filed, June 21, 1966; A stations, in each of which CBS has been toon (ICAO), which pertains to the 8:49 a.m.] designated a party.

FEDERAL REGI5TER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8638 PROPOSED RULE MAKING tions is also requested pending the con­ Directional Antenna Systems in the it applicable to standard broadcast ap­ clusion of this proceeding and revision of Standard Broadcast Band,” cited as plications tendered for filing after such the rules for calculating radiation pat­ T.RJR. 1.2.7., and from which CBS and time as new rules for calculating di­ terns along the lines we have proposed WGN now state our proposal herein rectional antenna patterns become ef­ herein. Alternatively, CBS requests that stems. It was then our decision that, fective. We cannot agree, however, that all construction permits granted for Class based on the limited data available, there retroactive application of any adopted II-A stations be conditioned on showings was no assurance that any significant standardized method of calculating di­ that the directional antennas proposed increase in accuracy would result from rectional antenna radiation patterns is will afford the required interference pro­ the use of other theories, such as ad­ necessary in order to protect the inter­ tection to cochannel Class I-A stations vanced in T.R.R. 1.2.7., for calculating ests of existing stations or the public when determined in accordance with the directional antenna patterns, and that from injury. Further, we believe it would new rules adopted in this proceeding for the data acquired and conclusions be most inequitable to applicants having predicting directional antenna perform­ reached in that report did not form a applications on file, and in hearing in ance. sufficient basis for changing the rules. some cases, to change existing ground 3. A supporting statement was filed by 6. Having now proposed a standard­ rules and procedures upon which they WGN, Inc., which operates a Class I-A ized basis for the calculation of radia­ have relied in the preparation of their station (WGN) on 720 kc, Chicago, 111., tion patterns, it is apparent from the directional antenna proposals as a con­ and has also been made a party to the CBS and WGN pleadings that they con­ sequence of our 1962 decision in the clear proceeding in Docket Nos. 16109-16115, strue such action to mean that we have channel proceeding, Docket No. 6741. wherein conflicting applications for Class had a change in view since considering 9. Even more important, we believe it n - A stations on 720 kc have been con­ the matter in our 1962 decision and that would disserve the public interest^by de­ solidated for hearing with others seek­ we now anticipate that some standard­ laying unnecessarily the disposition of ing to operate on 780 kc, upon which CBS ized method of calculation will result in processing and hearings on Class H-A ap­ operates a Class I-A station (WBBM), a more accurate determination of inter­ plications and the establishment of addi­ Chicago. Opposing statements were filed ference or the absence thereof. The tional broadcast outlets and nighttime by six applicants for Class II-A stations main thrust of their argument for ap­ primary service to the public in areas on Class I-A frequencies occupied by CBS plying a standardized method of calcula­ presently without it. Our proposal has and WGN, The Class II-A opponents tion of radiation patterns to pending not yet been given extensive study, and include: Nebraska Rural Radio Associa­ Class II-A applications also centers on it will be several months before we will tion, Lexington, Nebr., and Town & Farm such claim. It is an error to so con­ have an opportunity to evaluate it in Co., Inc., Grand Island, Nebr., whose strue our Notice of Proposed Rule Mak­ light of the comments, data and alterna­ conflicting applications for Class n - A ing. Since we are not proposing to tive technical proposals which appear stations on 880 kc, upon which CBS oper­ change Figures I, I-A, II, 6 or 6-A, and likely to be submitted for consideration. ates a Class I-A station (WCBS), New considering the fact that proof-of-per- It may well be that, after full considera­ York, N.Y., are under consideration in formances will still be necessary, it is tion of the matter, we may adopt a stand­ Docket Nos. 15812-15813; Emerald obvious that the degree of accuracy in ard method for calculating radiation pat­ Broadcasting Corp., Eugene, Oreg., one predicting the nighttime signal strength terns which is substantially different of the Class n - A applicants for 1120 kc at any distant point will not be changed^ from those upon which we have invited in Docket Nos. 15998-16000, upon which Nor should our proposed rule making be comment or, in light of other considera­ CBS operates a Class I-A station construed as reflecting our view that an tions, make no changes whatsoever in (KMOX), St. Louis, Mo.; and Circle L, authorized nighttime operation, de­ existing rules and procedures for calcu­ Inc., Reno, Nev., and 780, Inc., Las Vegas, signed, adjusted and maintained in con­ lating radiation patterns. Nev., whose conflicting applications for formance with our present rules, results 10. In view of the above, we believe Class n-A stations on 780 kc are among in interference according to our rules. limitation of the applicability of our pro­ those consolidated for hearing in Docket 7. We view our proposal as' another posal, as proposed in the noticé of rule Nos. 16109-16115. measure designed to improve the effi­ making, is appropriate and clearly war­ ciency and orderliness of the administra­ ranted in the public interest, and that 4. We have considered the CBS peti­ the alternative requests of CBS to in­ tion and related pleadings and remain of tion of our application processing rules clude i pending Class II-A applications the view that our proposal for calculating and procedures for standard broadcast within the scope of the proposal’s appli­ performance of directional antenna pro­ stations. At present, no uniform method cation and to require them to comply posals by a uniform method (comments for calculating proposed directional an­ with any new rules which may be adopted were invited on alternative methods) for calculating directional antenna pat­ should not be made more extensive in tenna patterns is required, necessitating ad hoc determination by the Commis­ terns must be denied. application than proposed. Neither CBS 11. Accordingly, it is ordered, This 14th nor WGN in its supporting pleading per­ sion as to the reasonableness of the day of June 1966, that the petition of suade us that justifiable reason exists for method used for each directional antenna Columbia Broadcasting System, insofar recasting our proposal to apply to Class proposal. If a standard, “reasonable,” as it relates to the above-entitled rule II-A applications filed or granted before a decision is reached on the proposal and theoretical method for calculating such making proceeding is denied. new rules in the matter become effective. patterns along the alternative lines pro­ Released: June 15,1966. 5. The filing of applications for one posed should be found feasible and made F ederal Communications Class II-A station on 13 of the 25 I-A part of the rules, it would have value, in Commission,3 clear channels was made possible by our our view, in (1) increasing the probabil­ [seal] B en F. W aple, actions of 1961 and 1962 in the Clear ity that proposals which come before Secretary. Channel proceeding in Docket No. 6741.® us are susceptible to licensing without [F.R. Doc. 66-6788; Filed, June 21, 1966; On reconsideration in the noted 1962 de­ 8:47 ajn.] cision, paragraphs 78 and 79, yve gave the necessity of modification; (2) elim­ consideration to whether directional an­ inating the necessity in some cases of tenna performance of proposed Class conducting an adjudicatory proceeding [ 47 CFR Part 73 3 II-A facilities should be determined by to determine whether the proposed limits [Docket No. 16714; FCC 66-540] existing rules and procedures or by other of radiation can be achieved; and (3) FM BROADCAST STATIONS methods, such as those put forward in a 1957 Report of our Office of Chief En­ enabling the Commission to calculate Table of Assignments; Glens Falls, gineer on “Suppression Performance of nighttime limitations more expeditiously ‘ N.Y. by electronic computer. In the matter of amendment of 2 Report and order adopted Sept. Ì3, 1961, 8. These objectives constitute worthy § 73.202, Table of Assignments, FM FCC 61-1106, 31 FCC 565, 21 R.R. 1801; and memorandum opinion and order, adopted reasons, in our view, for considering the Nov. 21, 1962, FCC 62-1214, 24 R.R. 1595. proposal in rule making and in making 3 Commissioner Lee dissenting.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8639 Broadcast Stations (Glens Falls, N.Y.); making in order that all interested par­ stations and the third is a Class IV sta­ Docket No. 16714, RM-963. ties may submit their views and relevant tion. The two Class C FM assignments 1. Notice is hereby given on proposed data. Comments are therefore invited are in operation. Two applications have rule making in the above-entitled matter. on the following. been filed by the petitioners for the re­ 2. On April 15, 1966, the Commission maining Class A channel (244A). These released a report and order in Docket No. Channel No. applications, BPH-5145 and 5192, are 16331, FCC 66-326 (31 F.R. 6053), which, City mutually exclusive and must be desig­ among other things, assigned Channel Present Proposed nated foj/S comparative hearing, unless 240A to Glens Falls, N.Y., in response to an additional assignment is made to the a petition for rule making filed by Nor­ Glens Falls, N.Y...... „ 240A 240A, 296A city as requested by petitioners. Peti­ mandy Broadcasting Co., licensee of Sta­ tioners state that the two remaining AM tion WWSC (AM), Glens Falls, N.Y. At stations Without an FM outlet would like that time two applications were on file 5. Authority for the adoption of the “to contribute to the general diversity of for Channel 272A (assigned to Saratoga amendments proposed herein is con­ program sources for their community,” Springs and available to Glens Falls un­ tained in sections 4Xi), 303, and 307(b) that they are anxious to avoid a lengthy der the “25 mile rule”), one from Nor­ of the Communications Act of 1934, as and expensive comparative hearing, and mandy and the second from Olean amended. that the proposed additional assignment Broadcasting Corp., licensee of Station 6. Pursuant to applicable procedures will meet all the minimum mileage re­ WBZA (AM), Glens Falls, N.Y.1 The set out in § 1.415 of the Commission’s quirements of the rules. With respect to stated purpose of the petition was to rule, interested parties may file com­ the city of Rochester, petitioners submit eliminate the need for a comparative ments on or before July 15, 1966, and that its population has increased 17.5 hearing for Channel 272A. In its de­ reply comments on or before July 25, percent in the last 5 years, that approxi­ cision of April 15, 1966, the Commission 1966. All submissions by parties to this mately 450,000 persons visit it each year, assigned Channel 240A to Glens Falls as proceeding or by persons acting in behalf a large portion of this number attrib­ requested and pointed out that since of such parties must be made in written utable to Mayo Clinic, and that it is a Glens Falls would now be listed in the comments, reply comments or other ap­ very important industrial, medical, edu­ Table of Assignments, Channel 272A propriate pleadings. cational, and cultural center. For the would no longer be available for use at 7. In accordance with the provisions above stated reasons, petitioner urges Glens Falls under § 73.203(b). We of § 1.419 of the rules, an original and that the addition of another FM channel stated that we believed it more important 14 copies of all written comments, replies, to the city of Rochester would serve the to provide each of these communities pleadings, briefs, or other documents public interest.1 (Glens Falls and Saratoga Springs) with shall be furnished the Commission. 3. We believe that petitioners have an FM assignment than to eliminate the' Adopted: June 15, 1966. made a sufficient showing to support the required comparative hearing. Since issuance of a notice of proposed rule then, both applicants have amended their Released: June 16, 1966. making on their request. Comments are applications (BPH-4804 and 4838) to F ederal Communications therefore invited on the proposal set specify Channel 240A, now available at Commission,2 forth in paragraph 1, above, which would Glens Falls. [seal] B en F. W aple, add Channel 269A to Rochester, M inn, 3. On May 18, 1966, Olean Broadcast­ Secretary. Interested parties are invited to com­ ing Corp., one of the applicants for [F.R. Doc. 66-6789; Filed, June 21, 1966; ment on the extent to which the pro­ Channel 240A at Glens Falls, filed a peti­ 8:47 a.m.] posed assignment would affect possible tion for reconsideration of the report alternative uses of this and adjacent and order in Docket No. 16331, insofar as channels in this general area. RM-861 is concerned, requesting the ad­ I 47 CFR Part 73 ] 4. Authority for the adoption of the dition of Channel 296A to Glens Falls. [Docket No. 16715; FCC 66-541] amendments proposed herein is con­ Since this is a new request and was not tained in sections 4(i), 303, and 307(b) of part of the Docket 16331 proceeding, it FM BROADCAST STATIONS the Communications Act of 1934, as will be considered as a new petition for amended. rule making herein. Olean urges that Table of Assignments; 5. Pursuant to applicable procedures the objectives of the former rule making Rochester, Minn. set out in § 1.415 of the Commission’s to eliminate the burden of a comparative In the matter of amendment of rules, interested parties may file com­ hearing and to provide FM service to the § 73.202, Table of Assignments, FM ments on or before July 22,1966, and re­ Glens Falls area at an early date were Broadcast Stations (Rochester, Minn.); ply comments on or before August 5, not achieved. It points out that Glens Docket No. 16715, RM-965. 1966. All submissions by parties to this Falls has a population of 18,580 and that proceeding or by persons acting in be­ its county (Warren) has a population of „ 1. The Commission has before it for consideration a joint petition requesting half of such parties must be made in 44,002. Olean submits that there are a written comments, reply ^ comments or number of other sizeable communities rule making filed on May 19, 1966, by Olmsted County Broadcasting Co., li­ other appropriate pleadings. within a 3-mile radius of Glens Falls, 6. In accordance with the provisions which together with Glens Falls, have a censee of Station KOLM(AM), Roches­ ter, Minn., and North Central Video, of § 1.419 of the rules, an original and combined population of 36,000 people. 14 copies of all written comments, re­ At the present time there are no FM sta­ Inc., licensee of Station KWÉB(AM), Rochester, Minn., to add Channel 269A plies, pleadings, briefs, or other docu­ tions serving the area and only one night- ments shall be furnished the Commission. time aural service. As to the technical to Rochester by amending § 73.202 of feasibility of Channel 296A, Olean states the rules as follows: Adopted: June 15,1966. that this assignment meets all the re­ Released: June 16,1966. quired spacings to assignments and sta- Channel No. City F ederal Communications “ J*®, and that sites are available from Commission,2 wnich the required separation can be Present Proposed [seal] B en F. W aple, »net to the proposed sites in pending ap­ Secretary. plications for Channel 293 at Albany, Rochester, Minn______244A, 248,295 244A, 248, . May 27, 1966, Normandy 269A, 295 [F.R. Doc. 66-6790; Filed, June 21, 1966; CorP- filed a statement in 8:48 a.m.j of the Olean request. 2. Rochester has a population of 40,663 n ‘ ™e,are °f the view that the subject .(I960 U.S. Census) and its county has a 'In a supplement to their petition filed P oposal merits the institution of rule June 13,1966, petitioners assert that a special population of 65,532. It has three AM 1965 census showed Rochester to have a stations, two of which are daytime-only population of nearly 48,000, and that its »WWSC (Ciass rv) and WBZA (daytime) growth is continuing. me only radio stations in Glens Falls. 2 Commissioner Cox absent. 2 Commissioner Cox absent.

No. 120—Pt I___ FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8640 PROPOSED RULE MAKING

[ 47 CFR Parts 89, 91, 93 3 cluded that some changes were war­ The Frequency Utilization and Admin­ ranted to make the test more attractive istration Standing Committee of the [PCC 66-529] to prospective participants and issued a ACLMRS is charged, in part, with the notice of proposed rule making (Docket responsibility of studying and recom­ TEST OF MOBILE SECONDARY 16259) to relax certain of the limita­ mending alternative plans for allocation FREQUENCY SHARING tions and requirements governing opera­ of frequencies in the land mobile radio Final Action Deferred tion under the secondary frequency as­ services. Information received from the signment plan. The maj or changes were ACLMRS indicates that the report of J une 16,1966. as follows: the Standing Committee is near com­ As one possible méans of affording re­ 1. Applicants would be permitted to use pletion and will be available for informal lief to the ever increasing demands for both the primary and secondary frequen­ preliminary study within the next sev­ radiocommunication by the land mobile cies, instead of being limited to use of the eral months. The final report is ex­ radio services, the Commission enter­ secondary frequency only. pected to be submitted to the Commis­ tained the idea that expanding the con­ 2. Removal of the present restriction sion by the Executive Committee of the cept of inter-service sharing of fre­ of only one secondary frequency assign­ ACLMRS prior to the scheduled expira­ quencies by the principle of secondary ment per applicant, to permit an appli­ tion of the Advisory Committee in March assignment might offer great promise in cant as many secondary assignments as 1967. As soon as the final report on this relieving the acute problem of frequency he has primary ones. matter is received from the Executive congestion. To explore the feasibility 3. The present requirement of 90 days Committee, further action in the pend­ of this idea, the Commission, on May 10, operation on the primary frequency ing proceeding will be resumed. 1965, adopted rules in Docket 15399 to would be dropped. In view of the foregoing, the Commis­ conduct, in the State of California, an sion has decided to defer final action experiment to test the concept of sharing 4. For the first time, applicants in concerning a possible test in Docket land mobile frequencies which might not Texas and a 100-mile area around 16259 until after the ACLMRS submits be heavily used in particular geograph­ Chicago, Illinois, would be eligible to its report and recommendations on the ical areas by certain services other than participate. subject of sharing frequencies allocated those to which the frequencies are allo­ The comments filed have been re­ to the land mobile services. cated on a primary basis. However, no viewed. Although most of them sup­ applications for participation in. the test ported the proposed relaxations, only one Adopted: June 15, 1966. were filed. or two of those who commented indi­ F ederal Communications The Commission’s staff informally con­ cated clear willingness to participate in Commission,1 ferred with representatives of land the test. On-the other hand, it was [seal] B e n F. W aple, mobile radio users to ascertain the cause suggested that the test not be initiated Secretary. of the negative response. Information until after the Advisory Committee for [F.R. Doc. 66-6823; Filed, June 21, 1966; received indicated that some of the con­ the Land Mobile Radio Services, which 8:50 a.m.] ditions governing^ the test program were is considering various possible alterna­ too restrictive. The Commission con­ tive sharing plans, completes its work. 1 Commissioner Cox absent.

FEDERAL REGISTER. VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8641 Notices

1. The Assistant Commissioner (Com­ under their jurisdiction to enter into a DEPARTMENT OF THE TREASURY pliance) is hereby authorized to enter written agreement with any person to Bureau of Customs into a written agreement with any per­ provide that the internal revenue tax [Antidumping-—ATS 643.3-G] son relating to the internal revenue tax liability of such person (or of the person liability for alcohol, tobacco, and fire­ or estate for whom he acts) with respect THIOUREA FROM WEST GERMANY arms taxes, other than the manufac­ to the taxability of earnings from a turers excise tax on firearms arising deposit or account of the type described Antidumping Proceeding Notice from application of sections 4181 and in Revenue Procedure 64-24, C.B. 1964-1 J une 16, 1966. 4182 of the Internal Revenue Code, of (Part 1), 693, opened prior to November On May 11,1966, the Commissioner of such person (or of the person or estate 15, 1962, will be determined on the basis Customs received information in proper for whom he acts) in respect of any that earnings on such deposits or ac­ form pursuant to the provisions of § 14.6 prospective transactions or completed counts are not includible in gross income (b) of the Customs Regulations indicat­ transactions affecting returns to be filed. until maturity or termination, whichever ing a possibility that thiourea imported 2. The Assistant Commissioner (Tech­ occurs earlier, and that the full amount from West Germany, manufactured by nical) is hereby authorized to enter into of earnings on the deposit or account Degussa, A.G., Frankfurt/Main, West a written agreement with any person will constitute gross income in the year Germany, is being, or likely to be, sold relating to the internal revenue tq.v the plan matures, is assigned, or is ter­ at less than fair value within the mean­ liability, other than for those taxes minated, whichever occurs first. ing of the Antidumping Act, 1921, as covered by delegation to the Assistant 8. Authority delegated in this order amended. Commissioner (Compliance) in para­ may not be redelegated. Thiourea is a chemical intermediate graph 1, of such person (or of the per­ 9. Delegation Order No. 97 (Rev. 1), used in the manufacture of photographic son or estate for whom he acts) in re­ issued August 23, 1965, is hereby super­ chemicals, pharmaceuticals, textile spect of any prospective transactions or seded. completed transactions affecting returns chemicals, etc. Date of issue: June 15, 1966. Ordinarily, merchandise is considered to be filed. to be sold at less than fair value when 3. The Assistant Commissioner (Com­ Effective date: July 1, 1966. the net, f.o.b. factory price for exporta­ pliance) is hereby authorized to enter into a written agreement with any person [seal] Sheldon S. Cohen, tion to the United States is less than Commissioner. the net, f.o.b. factory price to purchasers relating to the internal revenue tax liability of such person (or of the person [P.R. Doc. 66-6797; Piled, June 21, 1966; in the home market, or, where appro­ 8:48 a.m.] priate, to purchasers in other countries, or estate for whom he acts) for a taxable after due allowance is made for differ­ period or periods ended prior to the date ences in quantity and circumstances of of agreement and related specific issues sale. H I H B . Bffiraj affecting other taxable periods. A summary of the information re­ 4. Regional Commissioners, Assistant DEPARTMENT OF THE INTERIOR ceived is as follows: Regional Commissioners (Appellate), Chiefs, and Associate Chiefs, Appellate Bureau of Land Management Based on documentation furnished by the Branch Offices, are hereby authorized in complainant the alleged price for home con­ COLORADO sumption in West Germany is about 60 per­ cases under their jurisdiction and in cent higher than the price for export to the cases in which a closing agreement has Notice of Proposed Withdrawal and United States. been recommended for approval by the Reservation of Lands office of a District Director (but ex­ In order to establish the validity of the cluding cases docketed before the Tax The U.S. Forest Service of the De­ information, the Bureau of Customs is Court of the United States) to enter into partment of Agriculture has filed an ap­ instituting an inquiry pursuant to the a written agreement! with any person plication, Serial Number Colorado Provisions of § 14.6(d) (1) (ii), (2), and relating to the internal revenue tax 0128263, for the withdrawal from loca­ (3Lpf the Customs Regulations. liability of such person (or of the person tion and entry under the General Min­ ,, information was submitted by or estate for whom he acts) for a taxable ing Laws, subject to existing valid claims, thm? 00 Corp- Cleveland, Ohio. period or periods ended prior to the date certain public lands in the sections and * iT *L notice 1® Published pursuant to of agreement and related specific items townships described below. 814.6(d) (l) (i) of the Customs Regula­ affecting other taxable periods. The applicant desires the land to de­ tions (19 CFR 14.6(d) (1) (i)). 5. Regional Commissioners, Assistant velop a public recreation area in the Un- [seal] Lester D. J ohnson, Regional Commissioners (Appellate), compahgre National Forest . Commissioner of Customs. Chiefs, and Associate Chiefs, Appellate For a period of 30 days from the date [F.R. Doc. Branch Offices, are hereby authorized in of publication of this notice, all persons 66-6796; Piled, June 21, 1966; who wish to submit comments, sugges­ 8:48 a.m.] cases under their jurisdiction docketed in the Tax Court of the United States tions, or objections in connection with to enter into written agreements but the proposed withdrawal may present only in respect to related specific items their views in writing to the Land Office Internal Revenue Service affecting other taxable periods. Manager, Bureau of Land Management, [Order 97 (Rev. 2)] Department of the Interior, Colorado 6. The Director of International Oper­ Land Office, Room 15019, Federal Build­ assistant commissioner ations is hereby authorized to enter into ing, 1961 Stout Street, Denver, Colorado, (COMPLIANCE) ET AL. a written agreement with any person 80202. relating to the internal revenue tax Delegation of Authority With Respe If circumstances warrant it, a public liability of such person (or of the person hearing will be held at a convenient time o Closing Agreements Concernin or estate for whom he acts) to provide and place, which will be announced. Hemal Revenue Tax Liability for the mitigation of economic double taxation under section 3 of Revenue The determination of the Secretary on ComiSla-nt to authority granted to tt Procedure 64-54, C.B. 1964-2, 1008. the application will be published in the F ederal Register. A separate notice will Revenue s 7. District Directors of Internal Rev­ be sent to each interested party of record. enue are hereby authorized in cases The lands affected are:

FEDERAL REGISTER, VOL. 31,~NO. 120— WEDNESDAY, JUNE 22, 1966 8642 NOTICES

New Mexico P rincipal Meridian, Colorado T. 23 S., R. 9 W., tract with Signal Mountain Lodge, Inc., UNCOMPAHGRE NATIONAL FOREST Secs. 2 and 18. authorizing it to provide concession fa­ T. 25 S., R. 9 W., cilities and services for the public in T. 42 N., R. 9 W., Sec. 34. In sections 22 and 23. T. 26 S., R. 8 W., Grand Teton National Park for a period Secs. 10,20,22,30,32 and 34. from date of execution of the contract Lands proposed to be withdrawn in T. 26 S., R. 9 W., through December 31,1971, with the pro­ the above-designated areas aggregate Secs. 2,10,12 and 14. viso that if the construction and im­ approximately 148 acres. T. 27 S., R. 8 W.. provement program called for in the con­ Secs. 2 and 4. W. P. Meek, tract is satisfactorily completed within Manag er, Land Office, coos COUNTY the prescribed time, the contract shall Denver, Colo. automatically be extended for a further T. 25 S., R. 12 W.. period of 5 years. Before doing so, how­ [F.R. Doc. 66-6762; Filed, June 21, 1966; Secs. 34 and 35. ever, and before granting a new contract, 8:45 a.m.] T. 26 S., R. 9 W., Sec. 32. pursuant to the Act cited above, the Sec­ T. 26 S., R. 10 W., retary hereby gives public notice of his [Oregon 018617] Secs. 20 and 32. intention in the matter and will consider T. 26 S., R. 11 W., and evaluate all proposals received as a OREGON Secs. 6 and 8. result of this notice. T. 26 S., R. 12 W., Notice of Proposed Classification Secs. 2 and 4. Interested parties should contact the of Public Lands T. 26 S., R. 14 W., Director of the National Park Service, Sec. 28. Washington, D.C., 20240, for information Pursuant to the Act of September 19, T. 27 S., R. 9 W„ as to the requirements of the proposed 1964 (43 U.S.C. 1411-18) and to the regu­ Secs. 4, 6, 8 and 18. contract. lations in 43 CFR. Parts 2410 and 2411, it T. 27 S., R. 10 W., is proposed to classify the public lands Secs. 12, 30, 32 and 34. Dated: June 16,1966. within the area described below, together T. 27 S., R. 11 W., T homas F lynn, with any lands therein that may become Secs. 24 and 26. Acting Assistant Director, T. 28 S., R. 9 W., public lands in the future, for retention Sec. 4. National Park Service. for multiple use management. Publica­ T. 28 S., R. 10 W., [FR. Doc. 66-6765; Filed, June 21, 1966; tion of this notice segregates the de­ Secs. 4, 6,12,14 and 24. 8:45 ajn.] scribed public lands from appropriation T. 28 S., R. 11 W., under homestead and allotment laws (43 Secs. 18, 32 and 34. U.S.C. Ch. 7 and 25 U.S.C. 331) and from TT 28 S., R. 12 W., sale under sec. 2455 of the Revised Sec. 36. T. 29 S., R. 10W., DEPARTMENT OF AGRICULTURE Statutes (43 U.S.C. 1171), except that the Secs. 8, 18, 24, and 28. authorized officer may on his own motion T. 29 S.,R. 11 W., Commodity Credit Corporation classify lands and offer them for sale Secs. 4, 6,8,18, and 22. under this section. T. 29 S., R. 12 W.. 1965-CROP LOAN COTTON Publication will not alter the appli­ Secs. 12,24, 26, and 35. Notice of Acquisition by CCC cability of the public land laws governing T. 29 S., R. 13 W., the use of lands under lease, license or Sec. 27. All outstanding loans on cotton under permit, or governing the disposal of their T. 30 S., R. 11 W., Commodity Credit Corporation’s 1965 mineral or vegetative resources. Secs. 4 ,6, 8,12,14, 24, and 26. Cotton Loan Program mature on August T. 30 S..R. 12 W., 1, 1966, unless Commodity Credit Cor­ For a period of 60 days from the date of Secs. 5, 6, and 12. publication of this notice in the Federal T. 30 S., R. 13 W., poration makes demand for payment at R egister, all persons who wish to submit Secs. 1, 7, 10, 17, 18, 20, 21, 23, 26, and 35. an earlier date. Notice is hereby given comments, suggestions, or objections in T. 30 S., R. 14 W., that if the borrower or a purchaser of his connection with the proposed classifica­ Sec. 12. equity does not redeem the cotton secur­ tion may present their views in writing T. 30 S., R. 15 W., ing any such outstanding loan before the to the District Manager, Bureau of Land Sec. 12. close of business on August 1, 1966, and T. 31 S., R. 13 W., if Commodity Credit Corporation has not Management, 4th and Park, Post Office Sec. 2. Box 1139, Coos Bay, Oreg., 97420. made demand for payment at an earlier The public lands proposed for classi­ The public lands in the areas described date, Commodity Credit Corporation will, fication are located within the following aggregate 14,902 acres. pursuant to the provisions of the loan described area and are shown on maps A public hearing on the proposed clas­ agreement covering such loan, acquire on file in the Coos Bay District Office, sification will be held on September 6, title to such cotton at the close of busi­ Bureau of Land Management, Fourth 1966, at 10:30 a.m. at the Bureau of Land ness on August 1, 1966, and title thereto and Park, Coos Bay, Oreg., and the Land Management District Office, 4th arid shall, without a sale thereof, vest in Office, Bureau of Land Management, 729 Park, Coos Bay, Oreg. Commodity Credit Corporation at such Northeast Oregon, Portland, Oreg. time. As provided in the loan agreement. B. T. Vladimiroff; Commodity Credit Corporation will not Willamette Meridian, Oregon Acting State Director. pay lor any market value which such DOUGLAS COUNTY ' „[F.R. Doc. 66-6763; Filed, June 21, 1966; cotton may have in excess of the loan 8:45 a.m.] T. 20 S., R. 9 W., value of the cotton plus applicable Secs. 22,26, 28, 30, and 34. charges and interest. If the warehouse T. 20 S., R. 10 W., National Park Service receipts representing any such cotton are Secs. 3 and 34. sent to a local bank at the request of the T. 20 S., R. 11 W., SIGNAL MOUNTAIN LODGE, INC.; producer or a purchaser of his equity, Secs. 1, 2, and 3. GRAND TETON NATIONAL PARK the loan value of the cotton, plus charges T. 21 S., R. 7 W., and interest, must be paid at the local Sec. 30. Notice of Intention To Negotiate bank not later than the close of business T. 21 S., R. 9 W., Concession Contract Secs. 2,4, and 6. on August 1,1966. Any repayment maae T. 21 S., R. 11 W., Pursuant to the provisions of section 5, by mail must be received by Commodity Secs. 1, 2, 14, 15, 20, 22, 29, 30, 31, and 32. Public Law 89-249, public notice is hereby Credit Corporation or by the local bans T. 22 S„ R. 8 W„ given that thirty (30) days after the not later than the close of business on Secs. 24 and 28. date of publication of this notice, the August 1, 1966. . T. 22 S., R. 9 W., Department of the Interior, through the Notwithstanding the foregoing provi­ Secs. 6, 8,22, 28, and 34. sions, Commodity Credit Corporation T. 23 S., R. 8 W., Director of the National Park Service, Secs. 14 and 22. proposes to negotiate a concession con­ does not elect to acquire any cotton o

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8643 which there is a basis for a claim against The CCC Monthly Sales List, which ence a number of these announcements the borrower under the terms of the loan varies from month to month as addi­ are identified by code number in the fol­ agreement, and in all such cases title to tional commodities become available or lowing list. Interested persons are in­ the cotton shall not so vest in Commodity commondities formerly available are vited to communicate with the Agricul­ Credit Corporation. dropped, is designed to aid in moving tural Stabilization and Conservation Signed at Washington, D.C., on CCC’s inventories into domestic or ex­ Service, USDA, Washington, D.C., 20250, June 16,1966. port use through regular commercial with respect to all commodities or—for channelsr specified commodities—within the desig­ R oland P. B allou, If it becomes necessary during the nated ASCS Commodity Office. Acting Executive Vice President, month to amend this list in any material Commodity Credit Corporation re­ Commodity Credit Corporation. way—such as by the removal or addition serves the right to amend from time to [F.R. Doc. 66-6776; Filed, June 21, 1966; of a commodity in which there is general time, any of its announcements. Such 8:45 a.m.j interest or by a significant change in amendments shall be applicable to and price or method of sale—an announce­ be made a part of the sale " contracts ment of the change will be sent to all thereafter entered into. SALES OF CERTAIN COMMODITIES persons currently receiving the list by CCC reserves the right to reject any mail from Washington. To be put on or all offers placed with it for the pur­ June 1966 CCC Monthly Sales List this mailing list, address: Director, Pro­ chase of commodities pursuant to such curement and Sales Division, Agri­ announcements. Notice to buyers. Pursuant to the cultural Stabilization and Conservation policy of Commodity Credit Corporation CCC reserves the right to refuse to con­ Service, U.S. Department of Agriculture, sider an offer, if CCC does not have ade­ issued October 12, 1954 (19 P.R. 6669), Washington, D.C., 20250. and subject to the conditions stated quate information of financial responsi­ Interest rates per annum under the bility of the offerer to meet contract ob­ therein as well as herein, the commodi­ CCC Export Credit Sales Program (An­ ties listed below are available for sale ligations of the type contemplated in this nouncement GSM-3) for June 1966 are announcement. If a prospective offerer and, where noted, for redemption of pay­ 5 percent for U.S. bank obligations and ment-in-kind certificates on the price is in doubt as to whether CCC has ade­ 6 percent for foreign bank obligations, quate information with respect to his basis set forth. without regard to credit periods involved The prices at which Commodity Credit financial responsibility, he should either up to a maximum of 36 months. Com­ submit a financial statement to the office Corporation commodity holdings are modities currently offered for sale by available for sale during June 1966 are as named in the invitation prior to making CCC, plus tobacco from CCC loan stocks, an offer, or communicate with such office announced by the U.S. Department of are available for export sale under the Agriculture. The following commodi­ CCC Export Credit Sales Program as pro­ to determine whether such a statement ties are available; Cotton (upland and is desired in his case. When satisfac­ vided under specific commodity listings. tory financial responsibility has not been extra long staple), wheat, com, oats, Commodities from private stocks now barley, rye, rice, grain sorghum, dry established, CCC reserves the right to eligible for financing under the CCC Ex­ consider an offer only upon submission beans, peanuts, flax, and linseed oil. port Credit Sales Program include wheat, Pea, red kidney and . pink beans are Wheat flour, bulgur, com, com meal, by offerer of a certified or cashier’s being added to the Sales List for June. grain sorghum, upland and extra long check, a bid bond, or other security, ac­ As in past years, the minimum sales price ceptable to CCC, assuring that if the staple cotton, tobacco, milled and brown offer is accepted, the offerer will comply will be not less than 105 percent of the rice, cottonseed oil, soybean oil, and current support price plus reasonable with any provisions of the contract with dairy products. respect to payment for the commodity carrying charges. Any beans remaining Information on commodities available unsold after a reasonable period will be and the furnishing of performance bond under Title IV, P.L. 480, private trade or other security acceptable to CCC. made available for domestic donation agreements, and current information on outlets. interest rates and other phases of the Disposals and other handling of inven­ Export Commodity Certificates (Form program may be obtained from the Office tory items often result in small quantities CCC-341) issued after May 31 in connec­ of the General Sales Manager, Foreign at given locations or in qualities not up tion with exports of private stocks of Agricultural Service, U.S. Department of to specifications. These lots are offered upland cotton under the CCC Export Agriculture, Washington, D.C., 20250. by the appropriate ASCS office promptly Credit Sales Program may also be ex­ The following commodities are cur­ upon appearance and therefore, gen­ changed for rights in the CCC upland rently available for barter; Cotton (up­ erally, they do not appear in the Monthly cotton certificate pools. The cotton ob­ land and extra long staple), tobacco, Sales List. tained from the pools need not be wheat, com, and grain sorghum. (In On sales for which the buyer is re­ exported. addition, free market stocks of cotton­ quired to submit proof to CCC of expor­ Cheddar cheese, butter, and nonfat dry seed and soybean oils are eligible for tation, the buyer shall be regularly en­ hulk are withdrawn from sale because barter programing.) This list is sub­ gaged in the business of buying or selling supplies are temporarily exhausted. If ject to change from time to time. commodities and for this purpose shall supplies become available during the The CCC will entertain offers from maintain a bona fide business office in the month, they will be offered for domestic responsible buyers for the purchase of United States, its territories or posses­ »nd export sale as indicated under the any commodity on the current list. sions and have a person, principal or uairy Products section of the list. Offers accepted by CCC will be subject to resident agent upon whom service of oats, barley, or grain sorghum, the terms and conditions prescribed by judicial process may be had. as determined by CCC, will be sold for the Corporation. These terms include Prospective buyers for export should r>o* »r*cted use for “Dealers’ Certifi- payment by cash or irrevocable letter of note that generally, sales to U.S. Govern­ . issued under the emergency live- credit before delivery of the commodity, ment agencies, with only minor excep­ niSr 5eed program. Grain delivered and the conditions require removal of the tions will constitute domestic unre­ thn St s^ch certificates will be sold at commodity from CCC stocks within a stricted use of the commodity. applicable current market price, reasonable period of time. Where sales Commodity Credit Corporation re­ determined by CCC. are for export, proof of exportation is serves the right, before making any sales, » 3 following listing of commodities also required, and the buyer is responsible to define or limit export areas. j Prices °r method of sales, “un- for obtaining any required U.S. Govern­ The Department ot Commerce, Bureau nprr^+ ^.,.use” aPPiies to sales which ment export permit or license. Pur­ of International Commerce, pursuant to “pv^ +?,ther domestic or export use and chases from CCC shall not constitute any regulations under the Export Control Act applies to sales which require assurance that any such permit or license of 1949, prohibits the exportation or re­ det^rm,-0nl^.'i- 000 reserves the right to Will be granted by the issuing authority. exportation by anyone of any commodi­ ava, S e the ?lass> grade, quality, and Applicable announcements containing ties under this program to Cuba, the for side 6 qUanWty of commo

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8644 NOTICES munist China, North Korea and the coast ports under Announcement GR-261 or grain sorghum as CCC may designate will be Communist-controlled area of Viet Nam, GR—262. in redemption of certificates or rights rep­ except under validated license issued by D. Available: Evanston, Kansas City, Min­resented by pooled certificates under a feed neapolis, and Portland ASCS grain offices. grain program. The minimum price at the U.S. Department of Commerce, Bu­ which grain sorghum shall be valued for reau of International Commerce. CORN, BULK such dispositions shall be market price, as For all exportations, one of the desti­ Unrestricted use. determined by CCC, but not less than the nation control statements specified in A. Redemption of domestic payrhent-in- payment-in-kind formula price for such Commerce Department Regulations kind certificates. Such OCC dispositions of redemption. Such formula price shall be ( Comprehensive Export Schedule Section com as CCC may designate will be in re­ the applicable 1965 price-support loan rate 379.10(c)) is required to be placed on demption of certificates or rights represented for the class, grade, and quality of the grain by pooled certificates under a feed grain sorghum, plus the markup shown in C of all copies of the shipper’s export declara­ program. The price at which com shall be this unrestricted use section applicable to tion, all copies of the bill of lading, and valued for such dispositions shall be the the type of carrier involved. all copies of the commercial invoices. market price as determined by CCC, but not B. General sales. For additional information as to which less than the payment-in-kind formula price 1. Storable. Such CCC dispositions of destination control statement to use, the for such redemptions. Such formula price storable grain sorghum as CCC may desig­ exporter should communicate with the shall be the applicable 1965 price-support nate as general sales will be made during the Bureau of International Commerce or loan rate for the class, grade, and quality of month at market price, as determined by the com plus the markup shown in C of this CCC, but not less than the Agricultural Act one of the field offices o f the Department unrestricted use section. of 1949 formula minimum price for such sales of Commerce. B. General sales. which is 105 percent of the applicable 1965 Exporters should consult the appli­ 1. Storable. Such CCC dispositions of price-support rate2 (published loan rate plus cable Commerce Department regulations storable corn as CCC may designate as gen­ 35 cents per hundredweight) for the class, for more detailed information if desired eral sales will be made during the month at grade, and quality of the grain sorghum, plus and for any changes that may be made market price, as determined by CCC, but not the markup shown in C of this unrestricted therein. less than the Agricultural Act of 1949 formula use section applicable to the type of carrier minimum price for such sales which is 105 involved. S a l e s P r ic e o r M e t h o d o f S a l e percent of the applicable 1965 price support 2. Nonstorable. At not less than market WHEAT, BULK rate2 (published loan rate plus 20 cents per price as determined by CCC. bushel) for the class, grade, and quality of C. Markups and examples (dollars per Unrestricted use. the com, plus the markup shown in C of this hundredweight in-store1 No. 2 or better). A. Storable. All classes of wheat in CCC unrestricted use section. inventory are available for sale at market 2. Nonstorable. At not less than market Markup in-store price but not below 108 percent of the 1965 price as determined by OCC. received by— support price for the class, grade, and pro­ C. Markups and examples (dollars per Examples tein of the wheat plus the markup shown in bushel in-store1 basis No. 2 Yellow Com 14 C below applicable to the type of carrier percent M.T. 2 percent F.M.). Truck Rail or involved. barge B. Nonstorable. At not less than market price, as determined by CCC. Markup in­ $0.31)4 $0. 25)4 Feed grain program domestic PIK store received certificate minimums: C. Markup and examples (dollars per by— Examples Hale County, Tex. ($1.63+$0.31)4); bushel—in store). $1.94)4. Kansas City, Mo. (ex-rail) ($1.93+ Truck $0.26)4); $2.18)4. Markup in-store Agricultural Act of 1949; stat. nuni- received by— mums: Examples—Agricultural Act of 1949; $0.16)4 Feed^ grain program domestic PIK Hale County, Tex. ($1.63+$0.35); Stat. minimum certificate minimums: 105 percent +$0.31)4; $2.39)4 • Truck Rail or McLean County. III. ($1.06+$0.03 Kansas City, Mo. (ex-rail) ($1.93+ barge +$0.16)4); $1.25)4. $0.35); 105 percent and $0.25)4; Agricultural Act of 1949 stat. mini­ mums: $2.65)4. $0.18)4 $0.15M Minneapolis—No. 1 DNS ($1.58) 108 McLean County, HI. ($l.O6+$0.2O percent+$0.15)4; j$1.86)4. +$0.03); 105 percent +$0.16)4; D. Availability information. For informa­ Portland—No. 1 SW ($1.44) 108 per- $1.52)4. tion on CCC grain sorghum sales and pay­ oent+$0.15)4; $1.71 M. Kansas City—No. 1 HW ($1.43) 108 ments-in-kind from bin sites, contact ASCS percent+$0.15)4; $1.70)4. D. Availability information. For informa­State or county offices. For information on Chicago-No. 1 RW ($1.49) 108 per- tion on CCC corn sales and payments-in-kind the disposition of grain sorghum from other cent+$0.15)4; $1.76)4. from bin sites, contact ABCS State or locations, contact the Kansas City, Evanston, county offices. For information on the dis­ Portland, or Minneapolis ASCS grain offices D. Availability information. For informa­position of corn from other locations, con­ shown at the end of this sales list. tion on the disposition of nonstorable wheat, tact the Evanston, Kansas City, Minneapolis, Export. contact the Evanston, Kansas City, Minne­ or Portland ASCS Grain Offices shown at the Sales are made at the applicable export apolis, or Portland ASCS grain offices shown end of this sales list. market price, as determined by CCC; export at the end of this sales list. Export. payment-in-kind rates, if any, are deducted Export. Sales for barter and credit are made at the in arriving at barter and credit sales prices. Sales will be made pursuant to the follow­ applicable export market price, as deter­ The statutory minimum price referred to in ing announcements: mined by CCC; export payment-in-kind the price adjustment provisions of the fol­ A. Announcement GR-345 (revised Aug. rates, if any, are deducted in arriving at lowing export sales announcements is 105 25, 1964), as amended for export under the barter and credit sales prices. The statutory percent of the applicable price support rate wheat export payment-in-kind program. minimum price referred to in the price ad­ plus the markup referred to in C of the un­ When hard winter wheat is delivered on the justment provisions of the following export restricted use section for grain sorghum. west coast by CCC to cover sales under GR- sales announcements is 105 percent of the Sales will be made pursuant to the following 345, evidence of export must show exporta­ applicable price-support rate plus the mark­ announcements: tion from west coast ports. Hard Red Winter up referred to in C of the unrestricted use A. Announcement GR-368 (revised Mar. 1, wheat exports through Pacific northwest section for corn. Sales will be made pur­ 1965), feed grain export payment-in-kind ports will not be eligible for Title I, P.L. 480 suant to the following announcements: program. sales. HRW wheat exports through Cali­ A. Announcement GR-368 (revised Mar. 1, B. Announcement GR-212 (Revision 2, fornia ports are eligible for Title I, P.L. 480 1965), feed grain export payment-in-kind Jan. 9, 1961), for application to arrangements sales. program. for barter, approved CCC credit and other B. Announcement GR-346 (revised Sept. 8, B. Announcement GR-212 (Revision 2, designated sales. 1964), as amended for export as flour. Jan. 9, 1961), for application to approved C. Available. Evanston, Kansas City, Min* neapolls, and Portland ASCS grain offices. C. Announcement GR-261 (Revision 2, Jan. CCC barter and credit sales. 9, 1961), as amended and supplemented for C. Available. Evanston, Kansas City, Min­ BARLET, BULK export as wheat and under Announcement neapolis, and Portland ASCS Grain Offices. GR—262 (Revision 2, Jan. 9, 1961, as amend­ GRAIN SORGHUM (BULK) Unrestricted use. . ed) , for export as flour for application under A. Redemption of domestic payment-tn- arrangements for barter and approved CCC Unrestricted use. kind certificates. Such CCC dispositions credit sales only at prices determined dally. A. Redemption of domestic payment-in­barley as CCC may designate will be in re­ HW wheat will not be sold through west kind certificates. Such CCC dispositions of demption of certificates or rights represent

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8645 by pooled certificates tinder a feed grain A. Announcement GR-368 (revised Mar. 1, program. The minimum price at which bar­ Markup in­ 1965), feed grain export payment-in-kind ley shall be valued for such dispositions shall store received program. b y - Examples—Agricultural Act of 1949; be market price, as determined by CCC, but Stat. minimum B. Announcement GR-212 (Revision 2, not less than the payment-in-kind formula Jan. 9,1961), for application to approved CCC price for such redemptions. Such formula Track credit and other designated sales. price shall be the applicable 1965 price-sup­ C. Available. Evanston, Kansas City, port loan rate for the class, grade, and quality $0.16% Redwood County, Minn. ($0.56+$0.03 Portland, and Minneapolis ASCS grain offices. of the barley, plus the markup shown in C of quality differential); 105 percent this unrestricted use section applicable to the +$0.16%; $0.78%. BICE, BOUGH type of carrier involved. Unrestricted use. B. General sales. C. Nonstorable. At not less than the mar­ Market price but not less than 1965 loan 1. Storable. Such CCO dispositions of ket price as determined by CCC. rate plus 5 percent plus 44 cents per hun­ storable barley as CCC may designate as D. Availability information. Sales at bln dredweight, basis in store. general sales will be made during the month sites are made through the ASCS county Export. at market price, but not less than the Agri­ offices; at other locations through the Evans­ As milled or brown under Announcement cultural Act of 1949 formula minimum price ton, Kansas City, Minneapolis, or Portland GR-369, Revision III, rice export program— for such sales which is 105 percent of the ASCS grain offices. payment-in-kind, and under GR-379, Revi­ applicable 1965 price-support rate2 (pub­ Export. sion I, for approved credit sales. lished loan rate plus 16 cents per bushel) for Sales are made at the applicable export Prices, quantities, and varieties of rough the class, grade, and quality of the barley, market price, as determined by CCC; ex­ rice available from Kansas City ASCS Com­ plus the markup shown in C of this unre­ modity Office. stricted use section, applicable to the type of port payment-in-kind rates, if any, are de­ ducted in arriving at credit sales prices. The COTTON, UPLAND carrier involved. statutory minimum price referred to in the 2. Nonstorable. At not less than market price adjustment provisions of the following Unrestricted use. price as determined by CCC. export sales announcements is 105 percent A. Competitive bid under the terms and C. Markups and examples (dollars per of the applicable price-support rate plus the conditions of Announcement NO-C-16, as bushel in-store1 No. 2 or better). markup referred to in B of the unrestricted amended (Sale of Upland Cotton for Un­ use section for oats. Sales will be made pur­ restricted Use). Under this announcement, Markup ln-store suant to the following announcements ex­ upland cotton acquired under price support received by— cept that oats will not be sold for applica­ programs will be sold at the highest price Examples tions to Title I, or Title IV, PX. 480 purchase offered but in no event at less than the higher Truck Rail or authorizations or for barter. of (a) 105 percent of the current loan rate barge A. Announcement GR-368 (revised Mar. 1, for such cotton, plus reasonable carrying 1965), feed grain export payment-in-kind charges, or (b) the market price for such cotton, as determined by CCC. $0.17% $0.15% Feed grain program domestic PIK program. certificate minimums: B. Announcement GR-212 (Revision 2, B. Competitive offers under the terms and Cass County, N. Dak. ($0.76+ Jan. 9, 1961), for applications to approved conditions of Announcement NO-C-26 (Dis­ $0.17%); $0.93%. OOC credit and other designated sales. position of Upland Cotton—for Exchange of Minneapolis, Minn, (ex-rail) ($0.99+ C. Available. Kansas City, Evanston, Min­ PIK Certificates or Rights in the Certificate $0.15%); $1.14%. Pool for Upland Cotton), as amended. Up­ Agricultural Act of 1949; statutory neapolis, and Portland ASCS grain offices. m inim um s: land cotton may be acquired at its domestic Cass County, N.Dak. ($0.76+$0.16); BYE, BULK market price which shall be the highest price 105 percent +$0.17%; $1-14%. offered but not less than the minimum price Minneapolis, Minn, (ex-rail) ($0.99+ Unrestricted use. $0.16); 105 percent +$0.16%; determined by CCC. $1.36%. A. Storable. Market price, as determined C. Competitive offers under the terms and by CCC, but not less than the Agricultural conditions of Announcement NO-C-31 (Dis­ D. Availability information. For informa­ Act of 1949 formula price which is 105 per­ position of Upland Cotton—In Redemption tion on CCC barley sales from bin sites, con­ cent2 of the applicable 1965 price-support of Payment-In-Kind Certificates or Rights tact ASCS State or county offices. For infor­ rate for the class, grade, and quality of the in Certificate Pools, In Redemption of Ex­ mation on the disposition of barley from grain plus the markup shown in B below port Commodity Certificates, Against the other locations, contact the Kansas City, applicable to the type of carrier involved. “Shortfall,” and Under Barter Transactions), Evanston, Minneapolis, or Portland ASCS B. Markups and examples (dollars per as amended. No cotton will be delivered grain offices shown at the end of this sales bushel in-store1 No. 2 or better). prior to August 1, 1966. Cotton may be ac­ list. quired at its current market price for de­ Export. I Markup in-store livery after August 1, 1966, which shall be Sales are made at the applicable export received by— the highest price offered but not less than market price, as determined by CCC; export Examples—Agricultural Act of 1949; the minimum determined by CCC, and in payment-in-kind rates, if any, are deducted Stat. m inim um no event at less than the loan rate for such in arriving at credit sales prices. The statu­ Rail or cotton at time of delivery. tory minimum price referred to in the price Track barge Export. adjustment provisions of the following ex­ A. CCC sales for export. Competitive bid port sales announcements is 105 percent of $0.18% $0.15% Rollete County, N. Dak. ($0.91); 105 under the terms and conditions of Announce­ the applicable price-support rate plus the percent +$0.18%; $1.14%. Minneapolis, Minn, (ex-rail) ($1.24); ments CN—EX—25 (Cotton Export Program— markup referred to in C of tire unrestricted 105 percent +$0.15%; $1.46%. Sales—1964-66 Marketing Years) and NO-C— nse section for barley. Sales will be made 29 (Sale of Upland Cotton—Cotton Export pursuant to the following announcements Program—1964-66 Marketing Years), as except that barley will not be sold for appli­ C. Nonstorable. At not less than market amended. cations to Title I, or Title IV, P.L. 480 pur­ price as determined by OOC. B. CCC credit sales and barter. Competi­ chase authorizations or for barter. D. Availability information. Sales at bin tive bid under the terms and conditions of ioft' Announcement GR—368 (revised Mar. 1, sites are made through ASCS county offices; Announcement CN-EX-23 (Purchase of Up­ 1965), feed grain export payment-in-kind at other locations through the Evanston, land Cotton for Export under the Export Program. Kansas City, Minneapolis, or Portland ASCS Credit Sales Program), Announcement CN- B. Announcement GR-212 (Revision 2, grain offices. EX—24 (Acquisition of Upland Cotton for Ex­ J***- 9, 1961), for application to approved Export. port under the Barter Program), and An­ CCC crédit sales. Sales are made at the applicable export nouncement NO-C-28 (Sale of Upland _C. Available. Kansas City, Evanston, and market price, as determined by CCC; export Cotton CCC Credit and Barter Programs— Minneapolis ASCS grain offices. payment-in-kind rates, if any, are deducted 1964-66 Marketing Years), as amended. OATS, BULK in arriving at credit sales prices. The statu­ tory minimum price referred to in the price COTTON, EXTBA LONG STAPLE Unrestricted use. adjustment provisions of the following ex­ Unrestricted use. A. Market price, as determined by CCC,port sales announcements is 105 percent of A. Competitive bid under the terms and iq.q less than the Agricultural Act of the applicable price-support rate plus the conditions of Announcements NO-C-6 (re­ tho lorniula price which is 105 percent of markup referred to in B of the unrestricted vised July 22, 1960), as amended, and NO-C- thft applical3le 1965 price-support rate2 for use section for rye., Sales will be made pur­ 10, as amended. Under these announce­ tho !iass,’ grade- and quality of the oats plus suant to the following announcements except ments extra long staple cotton (domestically n?arkup shown in B below. that rye will not be sold for applications to grown) will be sold at the highest price b?i«7 "la.rtcuPs and examples (dollars per Title I, or Title IV, PX. 480 purchase author­ offered but in no event at less than the higher shel m-store1 basis No. 2 XHWO). izations or for barter. of (a) 115 percent of the current support

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8646 NOTICES price for such cotton plus reasonable carry­ release from the Minneapolis ASCS Com­ ing charges, or North Carolina, Oklahoma, sponsibility. weekly lot lists are issued by the Submit offers to the Minneapolis ASCS South Carolina, Tennessee, Texas, and following: Commodity Office. Wyoming. NONFAT DRY M ILK Branch Office—Evanston ASCS Branch GFA Peanut Association, Camilla, Ga. Office, 2201 Howard Street, Evanston, Peanut Growers Cooperative Marketing Asso­ Unrestricted use. 111., 60202. Telephone: Long Distance- ciation, Franklin, Va. Announced prices, under MP-14: Spray University 9-0600 (Evanston Exchange). Southwestern Peanut Growers* Association, process, U.S. Extra Grade, 18.60 cents per Local—Rogers Park 1-5000 (Chicago, Gorman, Tex. pound. HI.). , All sales are made on the basis of competi­ Export. Connecticut, Delaware, Illinois, Indiana, tive bids each Wednesday, by the Producer Competitive bid, under MP—10, pursuant Iowa, Kentucky, Maine, Maryland, Mas­ Associations Division, Agricultural Stabiliza­ to invitation to bid to be issued by Min­ sachusetts, Michigan, New Hampshire, tion and Conservation Service, Washington, neapolis ASCS Commodity Office. Sales un­ New Jersey, New York, Ohio, Pennsyl­ D.C., to which all bids are submitted. der this announcement may be made for vania, Rhode Island, Virginia, Vermont, application to barter and approved COC DRY EDIBLE BEANS (BAGGED) and West Virginia. credit. Branch Office—Minneapolis ASCS Branch Domestic market price but not less than Any nonfat dry milk offered but not sold Office, 310 Grain Exchange Building, the following minimum price per hundred­ under the invitation to bid issued pursuant Minneapolis, Minn., 55415. Telephone: weight for U.S. No. 1 f.o.b. indicated points to MP—10 will be offered for sale through the 334-2051. of production. Amount of paid-in-freight following Monday noon at prices announced Minnesota, Montana, North Dakota, South to be added as applicable. For other grades by press release from the Minneapolis ASCS Dakota, and Wisconsin. and locations adjust by applicable 1966 Commodity Office each Wednesday. Branch Office—Portland ASCS Branch price-support differentials. BUTTER Office, 1218 Southwest Washington Street, Portland, Oreg.. 97205. Tele­ Price per Area of Unrestricted use. phone: 226-3361. Class hundred­ production Announced prices, under MP—14: 65.0 cents Idaho, Nevada, Oregon, Utah, and Wash­ weight per pound—New York, Pennsylvania, New ington (domestic and export sales) , Ari­ Jersey, New England, and other States zona and California (export sales only). $7.40 Michigan. bordering the Atlantic Ocean and Gulf of Branch Office—Berkeley ASCS B r a n c h 9.08 Do. Mexico. 64.25 cents per pound—Washington, Office, 2020 Milvia Street, Berkeley, Cam.. 7.97 Do. Oregon, and California. All other States 94704. .Telephone: Thornwall 1-5121. 64.0 cents per pound. Arizona and California (domestic sales FLAXSEED, BULK Export. only). Competitive bid under Announcement PROCESSED COMMODITIES OFFICE— (ALL STATES Unrestricted use. MP—10, pursuant to invitations to bid to be A. Storable. Market price but not less than issued by Minneapolis ASCS Commodity Minneapolis ASCS Commodity Office, 6400 the applicable 1966 support price for the Office. Sales under this announcement may France Avenue South, Minneapolis, Min .» class, grade, and quality of flaxseed plus 14V£ be made for application to barter and CCC 55435. Telephone: 334r-3200. cents per bushel, and plus the respective credit. COTTON OFFICES----(ALL STATES) Any butter offered but not sold under the markup shown in B below applicable to the New Orleans ASCS Commodity Office, Wirth type of carrier involved. invitation to bid issued pursuant to MP-10 B. Markups and examples (dollars per will be offered for sale through the following Building, 120 Marais Street, New Orleans, bushel in-storel) . Monday noon at prices announced by press La., 70112. Telephone: 527-7766.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8647

GENERAL SALES MANAGER OFFICES Ohio Representative of General Sales Manager, Perry. Morgan. ATOMIC ENERGY COMMISSION New York Area: Joseph Reidinger, 80 [Docket No. 50-252] Lafayette Street, New York, N.Y., 10013. Pursuant to the authority set forth Telephone: 264-8439, 8440, 8441. above, emergency loans will not be made UNIVERSITY OF NEW MEXICO Representative of General Sales Manager, in the above-named counties after June West Coast Area: Callan B. Duffy, Ap­ Notice of Proposed Issuance of praisers’ Building, Room 802, 630 Sansome 30, 1967, except to applicants who pre­ Street, San Francisco, Calif., 94111. Tele­ viously received emergency or special Construction Permit phone: 556-6185. livestock loan assistance and who can qualify under established policies and Please take notice that the Atomic (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. procedures. Energy Commission (“the Commission”) 714b. Interpret or apply Sec. 407, 63 Stat. is considering the issuance of a construc­ 1066; Sec. 105, 63 Stat. 1051, as amended by Done at Washington, D.C., this 16th tion permit substantially as set forth 76 Stat. 612; Secs. 303, 806, and 307, 76 Stat. day of June 1966. below to the University of New Mexico 614-617; 7 U.S.C. 1441 (note)) which would authorize the University to Signed at Washington, D.C., on Orville L. F reeman, receive, possess, and construct the Model June 16,1966. Secretary. AGN-201, Serial No. 112, nuclear reactor R oland F. B allot;, [F.R. Doc. 66-6782; Filed, June 21, 1966; which is covered by Facility License No. Acting Executive Vice President, 8:47 a.m.] R-30 and presently located on the Commodity Credit Corporation. campus of the University of California at Berkeley, Calif. The reactor is to be [F.R. Doc. 66-6777; Filed, June 21, 1966; TEXAS disassembled by the University of Cali­ 8:46 a.m.] fornia, transferred from its present loca­ Designation and Extension of Areas tion at Berkeley, Calif., to Albuquerque, Office of the Secretary for Emergency Loans N. Mex., and constructed on the campus of the University of New Mexico in Albu­ KANSAS For the purpose of making emergency querque, N. Mex. Designation of Areas for Emergency loans pursuant to section 321 of the Con­ Within fifteen (15) days from the date Loans solidated Farmers Home Administration of publication of this notice in the Fed­ Act of 1961 (7 U5.C. 1961), it has been eral R egister, the applicant may file a For the purpose of making emergency determined that in the hereinafter- request for a hearing, and any person loans pursuant to section 321 of the Con­ named county in the State of Texas whose interest may be affected by the is­ solidated Farmers Home Administration natural disasters have caused a need for suance of this construction permit may Act of 1961 (7 U.S.C. 1961), it has been agricultural credit not readily available file a petition for leave to intervene. Re­ determined that in the hereinafter- from commercial banks, cooperative quests for a hearing and petitions to named counties in the State of Kansas lending agencies, or other responsible intervene shall be filed in accordance natural disasters have caused a need for sources. with the provisions of the Commission’s agricultural credit not readily available T exas “Rules of Practice,” 10 CFR Part 2. If a from commercial banks, cooperative Orange. request for a hearing or a petition for lending agencies, or other responsible leave to intervene is filed within the time sources. It has also been determined that in the prescribed in this notice, a notice of hear­ K ansas hereinafter-named counties in the State ing or an appropriate order will be issued. Leavenworth. RUey. of Texas the above-mentioned natural If no request for hearing or a petition for Pottawatomie. Shawnee. disasters have caused a continuing need leave to intervene is filed within the time Pursuant to the authority set forth for agricultural credit not readily avail­ prescribed in this notice, the Commission above, emergency loans will not be made able from commercial banks, cooperative will issue the construction permit fifteen In the above-named counties after June lending agencies, or other responsible (15) days from the date of publication 30, 1967, except to applicants who pre­ sources. of this notice in the F ederal R egister. viously received emergency or special Original For further details with respect to this Texas Designation proposed issuance, see (1 ) the applica­ livestock loans assistance and who can A ransas__ _ 30 F.R. 11112 qualify under established policies and D elta______30 FJEt. 11534 tion, dated April 4,1966, and the amend­ procedures. H ardin____ 30 F.R. 9498 ments thereto, dated May 19, 1966, and Jefferson 30 F.R. 9498 June 9, 1966, and (2) a related Safety Done at Washington, D.C., this 16th Lamar ____ 30 F.R. 13021 Evaluation prepared by the Research and day of June 1966. Matagorda _. 30 F.R. 9887 Power Reactor Safety Branch of the Di­ N u eces____ 30 F.R. 11112 Orville L. F reeman, vision of Reactor Licensing, both of San Patricio. 30 F.R. 11112 which are available for public inspection , Secretary. Starr____ _ 30 F.R. 9498 IP.R. Doo. 66-6781; Filed, June 21, 1966; W harton__ 30 F.R. 11112 at the Commission’s Public Document 8:47 a.m.] Willacy ____ 30 F.R. 8861 Room, 1717 H Street NW., Washington, Z apata____ 30 FJt. 9498 D.C. A copy of the Safety Evaluation may be obtained at the Commission’s OHIO Pursuant to the authority set forth Public Document Room or upon request above, emergency loans will not be made addressed to the Atomic Energy Commis­ Designation of Areas for Emergency in the above-named counties after June sion, Washington, D.C., 20545, Attention; Loans 30, 1967, except to applicants who pre­ Director, Division of Reactor Licensing. ini*01* PurPQse of making emergency viously received emergency or special livestock loan assistance and who can Dated at Bethesda, Md., this 17th day X 5 Pursuant to section 321 of the Con- of June 1966. AoAa;e,d3 rmers Home Administration qualify under established policies and *L 1 96} 1961), It has been procedures. For the Atomic Energy Commission. namnTne^ in the hereinafter- Done at Washington, D.C., this 16th R. L. Doan, naK ,C^ nties 111 the State of Ohio a day of June 1966. agrwu dis,aster has caused a need for Director, fmmU tural credit not readily available Orville L. F reeman, Division of Reactor Licensing. lend, ntycominercial banks, cooperative Secretary. Proposed Construction P ermit sources agenc*es’ or other responsible [F.R. Doc. 66-6783; Filed, June 21, 1966; The Atomic Energy Commission (herein­ 8:47 a.m.] after “the Commission’*) having found that:

No.l20- P t . I - - 5 FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8648 NOTICES

a. The application for license, dated April the Commission why the granting of a li­ present applicable fares between Bujum­ 4, 1966, as amended May 19, 1966, and June 9, cense to operate the reactor would not be bura and the United States, The agree­ 1966, complies with the requirements of the in accordance with the provisions of the ments are consistent with the present Atomic Energy Act of 1954, as amended Act, the Commission will issue a Class 104 practice of common-rating other fares (hereinafter "the Act”), and the Commis­ license to The University of New Mexico pur­ sion’s regulations set forth in Title 10, Chap­ suant to section 104c of the Act, which li­ within these areas. ter 1, CFR; cense shall expire twenty (20) years after The Board, acting pursuant to sections b. There is reasonable assurance that the the date of this construction permit. 102, 204(a)., and 412 of the Act, does not Model AGN—201, Serial No. 112, nuclear For the Atomic Energy Commission. find Resolution JT12(Mail 454) 001m in­ reactor can be constructed at the designated corporated in Agreement C.A.B. 18898 location without endangering the health and Date of issuance: and Resolution JT12(Mail 457) 001m in­ safety of the public; R. L. Doan, corporated in Agreement C.A.B. 18959 to c. The University of New Mexico is finan­ Director, cially and technically qualified to receive, Division of Reactor Licensing. be adverse to the public interest or in possess, and construct the reactor at the lo­ violation of the Act. cation as described in the application; [F.R. Doc. 66-6873; Filed, June 21, 1966; Accordingly, it is ordered, That; d. The University of New Mexico is a non­ 8:51 a.m.] Agreements C.A.B. 18898 and 18959 are profit educational institution and will use approved. the reactor for the conduct of educational activities and is therefore exempt from the Any air carrier party to the agree­ financial protection requirement of sub­ BUREAU OF THE BUDGET ments, or any interested persons, may, section 170a of the Act; and within 15 days from the date of service e. Issuance of the proposed construction REPORT ON UTILIZATION OF AD­ of this order, submit statements in writ­ permit will not be inimical to the common VISORY COMMITTEES BY BUREAU ing containing reasons deemed appro­ defense and security or to the health and OF THE BUDGET DURING FISCAL priate, together with supporting data, in safety of the public. Construction Permit support of or in opposition to the Board’s No. CPRR------, effective as of the date of YEAR 1965 issuance, is hereby issued as follows: action herein. An original and nine­ 1. This license applies to the Model AGN- Notice of Availability teen copies of the statements should be 201, Serial No. 112, nuclear reactor (herein­ filed with the Board’s Docket Section. after “the reactor”) , formerly owned and op­ In compliance with the provisions of The Board may, upon consideration of erated by the University of California on its Executive Order No. 11007, dated Febru­ any such statements filed, modify or campus at Berkeley, Calif., under Facility ary 26, 1962,1 the Bureau of the Budget rescind its action by subsequent order. License No. R-SO, Docket No. 50-84, which has prepared a report containing a list of is described in the University of New Mexico all advisory committees utilized by the This order will be published in the application for license dated April 4, 1966, Bureau during the fiscal year 1965, in­ F ederal R egister. and the amendments thereto dated May 19, cluding the names and affiliations of their By the Civil Aeronautics Board. 1966, and June 9, 1966 (hereinafter “the members, a description of the function application”). [seal] Harold R. Sanderson, 2. Subject to the conditions and require­ of each committee, and a statement of Secretary. ments incorporated herein, the Commission the dates of its meetings. hereby licenses The University of New This report is available at the Office of [F.R. Doc. 66-6809; Filed, June 21, 1966; Mexico: the Administrative Assistant to the Di­ 8:49 a.m.] A. Pursuant to the Atomic Energy Act of rector, Bureau of the Budget, Executive 1954, as amended, and Title 10, Chapter 1, Office Building, Washington, D.C. CFR, Part 50, “Licensing of Production and [Docket 16987] Utilization Facilities,” to receive, possess, W illiam D. Carey, and construct, but not to operate, the reac­ Assistant Director. WESTERN MONTANA SERVICE tor at the designated location on the Uni­ INVESTIGATION versity’s campus in Albuquerque, N. Mex., in [F.R. Doc. 66-6828; Filed, June 21, 1966; accordance with the procedures and limita­ 8:51 a.m.] Notice of Postponement of tions described in the application and this Prehearing Conference construction permit; B. Pursuant to the Act and Title 10, CFR, Notice is given herewith that the pre- Chapter 1, Part 30, “Licensing of Byproduct CIVIL AERONAUTICS BOARD hearing conference in the above-entitled Material,” to receive, possess, and store at proceeding, heretofore assigned to be the designated location, but not to separate, [Docket 15353; Order E-23831] such byproduct material as may be contained held on June 30, 1966, is hereby post­ in the reactor. INTERNATIONAL AIR TRANSPORT poned and will now be held before the 3. This permit shall be deemed to contain ASSN. undersigned Examiner on July 6,1966, at and be subject to the conditions specified in 10 a.m. (e.d.s.t.X in Room 911, Universal section 30.34 of Part 30, section 50.55 of Part Agreement Relating to Fare Matters Building, 1825 Connecticut Avenue NW., 50, and section 70.32 of Part 70 of the Com­ Washington, D.C. mission's regulations; is subject to all appli­ Adopted by the Civil Aeronautics cable provisions of the Act and rules, regu­ Board at its office in Washington, D.C., Dated at Washington, D.C., June 15, lations, and orders of the Commission now on the 17th day of June 1966. 1966. Agreements have been filed with the or hereafter in effect; and is subject to the [seal] R ichard A. Walsh, additional conditions specified below: Board, pursuant to section 412(a) of the Hearing Examiner. A. The earliest date for the completion of Federal Aviation Act of 1958 (the Act) the construction of the reactor is July 1, and Part 261 of the Board’s Economic [F.R. Doc. 66-6810; Filed, June 21, 1966; 1966, and the latest date for the completion Regulations, between various air carriers, 8:49 a.m.] of the construction of the reactor is Sep­ foreign air carriers, and other carriers, tember 1, 1966. embodied in the resolutions of Joint Con­ B. The construction of the reactor at the new location on the campus of The Univer­ ference 1-2 of the International Air sity of New Mexico shall be accomplished in Transport Association (IATA), and CIVIL SERVICE COMMISSION accordance with the procedures described in adopted by mail votes. The agreements DEPUTY COMMISSIONER OF the application. have been assigned the above designated EDUCATION C. This construction permit is contingent C.A.B. agreement numbers. upon the execution of an indemnity agree­ The agreements would permit the Manpower Shortage ment as required by section 170 of the Act. common-rating of certain fares between 4. Upon completion of the construction of (1) Salonika and the United States with Under the provisions of section 7 (b) of the reactor at the designated location in the present applicable fares between the Administrative Expenses Act of 1946, accordance with the terms and conditions Athens and the United States, and (2) as amended, relating to the payment oi of this permit, and upon finding that the travel and transportation expenses oi reactor will operate in conformity with the Butare and the United States with the provisions of the Act and the rules and appointees, the Civil Service Commission regulations of the Commission, and in the 13 CFR, 1959-1963 Comp., p. 573; 27 F.R. has found, effective June 10, 1966, that absence of any good cause being shown to 1875. there is a manpower shortage for the

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8649 position of Deputy Commissioner of Edu­ It is ordered, This 13th day of June the Commission’s offices, Washington, cation, GS-1720-18, in the Office of 1966 that, barring unforeseen contingen­ D.C. Education. cies which may require rearrangement This finding terminates when the posi­ of the schedule, it is expected that the Released: June 15, 1966. tion is filled. Respondents’ witnesses will be called in F ederal Communications the following order for cross-examina­ Commission, U nited S tates Civil S erv­ tion at the hearings beginning July 18, [seal] B en F. Waple, ice Commission, 1966: Secretary. [seal] Mary V. W enzel, Executive Assistant to [F.R. Doc. 66-6792; Filed, June 21, 1966; the Commissioners. Bell exhibit Oral testi­ 8:48 a.m.] Name No. mony (trans- [F.R. Doc. 66-6831: Piled, June 21, 1966; script pages) 8:51 a.m.] [Docket No. 16533; FCC 66M-835] J. H. Moller______14 338-350 Paul W. McCracken____ 10 156A-178 WASHINGTON BROADCASTING CO. C. W. Buek...... A.____ _ 12 179-208 AND WOL, INC. Robert R. Nathan_____ 16 209-232 FEDERAL AVIATION AGENCY F. J. McDiarmid______11 236-244 G. L. Levy______13 245-257 Order Scheduling Hearing A. M. Massie______16 258-273 MANILA, REPUBLIC OF THE Irwin Friend - 18 274-290 In re application of Washington PHILIPPINES Walter A. Morton_____ 17 291-318 Broadcasting Co. (Assignor) and WOL, Alexander Sachs. _____ 22 319-335 Albert J. Bergfeld______19 Inc. (Assignee), Docket No. 16533, File Notice of Consolidation, Closing, J. J. Scanlon ...... 20 351-392 Nos. BAL-5418, BALH-780, BALRE-1237; William O. Baker______21 135-156 and Establishment Ben S. Gilmer______31 110-134 for assignment of licenses of stations Robert F. Wentworth. 3 WOL AM and FM, Washington, D.C. Notice is hereby given that on or about D. A. Dobbie______4 June 30, 1966, the Flight Inspection Dis­ 2 Pursuant to a hearing conference on Knut Sandbeck______1, 1A June 13, 1966: It is ordered, This 14th trict Office at Manila, Republic of the G. L. Bach______5 Philippines, and the Secondary Aircraft George Terborgh______6 day of June 1966, that the hearing herein Richard Walker______7 will convene on July 7, 1966, 10 a.m., in Maintenance Base at Manila, Republic of Arthur R. Tebbutt_____ 8 the Commission’s offices, Washington, the Philippines, will be closed and con­ John I. Boggs...... 9 solidated with the Tokyo Flight Inspec­ D.C., and continue through and includ­ tion Group at Tokyo, Japan. Services to ing July 8, July 11 and 12, and when the the aviation public of Taiwan, Hong . It is further ordered, That the parties hearing recesses on the latter date, it will Kong, and Southeast Asia other than the to this proceeding shall notify Commis­ be resumed on July 25,1966,10 a.m.; Republic of the Philippines, will be ren­ sion counsel and counsel for the Re­ It is further ordered, that WOL, Inc., dered by the Tokyo Flight Inspection spondents, on or before July 13, of the will exchange its exhibits relating to the Group. The aviation public of the Re­ identity of the witnesses that they intend new added issue No. 4 (programing) on public of the Philippines will be served by to cross-examine and the estimated time or before July 18,1966. which will be required for such exami­ Released: June 14,1966. the Honolulu Flight Inspection Group. nation.1 On or about July 1 , 1966, the Avionics F ederal Communications Maintenance and Calibration Unit at I Released: June 13, 1966. Commission, Manila, Republic of the Philippines, will [seal] B en F. W aple, F ederal Communications be established to perform the avionics Secretary. maintenance services formerly rendered Commission, by the Secondary Aircraft Maintenance [seal] B en F. W aple, [FJR. Doc. 66-6793; Filed, June 21, 1966; Base at Manila, Republic of the Philip­ Secretary. 8:48 am.] pines. [F.R. Doc. 66—6791; Filed, June 21, 1966; 8:48 a.m.] [Docket Nos. 16706-16708; FCC 66-526] P hillip M. S watek, Director, Pacific Region. WUST, INC., ET AL. [P.R. Doc. 66-6756; Filed, June 21, 1966; [Docket No. 16663; FCC 66M-844] Order Designating Applications for 8:45 am.] LAMAR LIFE BROADCASTING CO. Consolidated Hearing on Stated Issues Order Continuing Prehearing Conference In re applications of WUST, Inc. FEDERAL COMMUNICATIONS (WUST), Bethesda, Md., Docket No. In re applications of Lamar Life 16706, File No. BP-14357; has: 1120kc, COMMISSION Broadcasting Co., Docket No. 16663, File 250w, Day; requests: 1120kc, 5kw, lkw [Docket No. 16258; FCC 66M-833] No. BRCT-326; for renewal of license of (CH), Day; for construction permit; television station WLBT and auxiliary Atlantic Broadcasting Co. (WUST), AMERICAN TELEPHONE & services, Jackson, Miss. Bethesda, Md., Docket No. 16707, File No. TELEGRAPH CO. ET AL. Because of a conflict in the Hearing BR-1513; has: 1120kc, 250w, Day; for Examiner’s schedule: It is ordered, This renewal of license; Bethesda-Chevy Order Scheduling Hearing 15th day of June 1966, that the prehear­ Chase Broadcasters, Inc., Bethesda, Md., * S1,**16 matter of American Telephone ing conference heretofore scheduled for Docket No. 16708, File No. BP-16319; re­ « Telegraph Co. and the Associated Bell June 29, 1966, be and the same is hereby quests: 1120kc, 250w, Day; for construc­ tion permit. system Cos., Docket No. 16258; charges rescheduled for July 6, 1966, 9 a.m., in or interstate and foreign communica­ At a session of the Federal Commu­ tion service. nications Commission held at its offices Telephone Committee having 1 It is expected that, during the course ofin Washington, D.C., on the 14th day the proceeding, each of the parties will de­ of June 1966; under consideration the matter of notify- lete from its cross-examination such matters g all participants in this proceeding of as have been covered by any preceding cross- 1. The Commission has before it the e proposed schedule for eross-exami- above-captioned and described applica­ examination, so as to eliminate duplication tions. The application of Bethesda- I966°nan thC hearings ^Sinning July 18, odf effort. At the commencement of the hearing, Chevy Chase Broadcasters, Inc. (Broad­ Commission counsel will have available a casters) , requests authority to construct rÜ ^Rearing that counsel for the list indicating the order in which counsel and operate on the frequency assigned has proposed a convenient for the parties will undertake cross-examina­ er of presentation of witnesses ; to Station WUST and is therefore mutu­ tion. ally exclusive with the applications for

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8650 NOTICES renewal of the WUST license and for an working capital (1 year), $100,000. The ing, but not necessarily limited to, the increase in power of WUST. initial capital of $50,000 is not adequate showing with respect to : 2. The application to increase power to meet those commitments. Accord­ (a) The extent to which the specified of WUST (BP-14357) was filed in 1960 ingly, it appears that Broadcasters must station location has been ascertained by prior to a change in name of the corpo­ rely, in part, on revenues to meet fixed the applicant to have separate and dis­ rate licensee to the Atlantic Broadcast­ charges and operating expenses during tinct programing needs. ing Co. Action was withheld on the ap­ the first year. Therefore, Broadcasters (b) The extent to which the needs of plication pending the conclusion of the will be afforded an opportunity to show the specified station location are being Clear Channel proceeding (Docket No. the basis for its estimate of annual met by existing standard broadcast 6741), 31 FCC 545, 21 R.R. 1801 (1961). revenue. stations. Section 73.25(a) (5) (ii) of the Commis­ (b) James Douglas Bailey, John El- (c) The extent to which the appli­ sion’s rules adopted at the conclusion of bridge Parker, Ralph L. Creel, Abraham cant’s program proposal will meet the that proceeding provides for the opera­ W. Danish, Jerome E. Korpek, B. Fran­ specific, unsatisfied programing needs of tion of daytime-only stations oh 1120 cis Saul, and C. Thomas Clagett, Jr., in­ its specified station location. kilocycles within the continental United dicate that they will purchase stock with (d) The extent to which the projected States where the station would operate funds secured through loans. However, sources of the applicant’s advertising with facilities authorized as of October the loan agreements submitted do not revenues within its specified station 30, 1961. However, the Commission has indicate the interest payable, the terms location are adequate to support its pro­ determined that favorable action on the of repayment or the security. posal, as compared with its projected application to increase power of the 6. It appears that, except as indicated sources from all other areas. Bethesda station would not prejudice in paragraph 5, above, the applicants are 5. To determine, in the event it is con­ future consideration of the use of the qualified to construct, own, and operate cluded pursuant to the foregoing issue clear channel frequencies. Therefore, the facilities proposed. Upon due con­ (4) that the WUST proposal will not the Commission will, on its own motion, sideration of the above-captioned appli­ realistically provide a local transmission waive the provisions of~§ 73.25(a) (5) (ii) cations, the Commission finds that, service for its specified station location, of the rules to permit consideration of pursuant to section 309(e) of the Com­ whether such proposal meets all of the the application in a hearing proceeding munications Act of 1934, as amended, a technical provisions of the rules, includ­ and will afford the Atlantic Broadcasting hearing is necessary and that the said ing §§ 73.30, 73.31, and 73.188(b) (1) Co. an opportunity to amend the appli­ applications must be designated for and (2 ), for standard broadcast stations cation to reflect the change in corporate hearing in a consolidated proceeding on assigned to the most populous commu­ name. the issues set forth below. nity for which it is determined that the 3. Examination of the WUST appli­ 7. Accordingly, it is ordered, That, proposal will realistically provide a local cation indicates that the proposed 5 pursuant to section 309(e) of the Com­ transmission service. mv/m contour penetrates the geo­ munications Act of 1934, as amended, 6. To determine which of the pro­ graphic boundaries of Washington, D.C. the above captioned applications, are posals would better serve the public Bethesda has a population of 56,527 designated for hearing in a consolidated interest. (1960 Census) while the population of proceeding, at a time and place to be 7. To determine, in the light of the Washington, 763,959, is over twice that specified in a subsequent order, upon the evidence adduced pursuant to the fore­ of Bethesda. Accordingly, pursuant to following issues: going issues and in the event it is deter­ the Commission’s policy statement on 1. To determine the areas and popula­ mined any of the applications should be Section 307 (b) Considerations for Stand­ tions which would receive primary serv­ granted, whether either or both of the ard Broadcast Facilities Involving Sub­ ice from the proposed operation of Be- WUST applications should be granted or urban Communities, released on De­ thesda-Chevy Chase Broadcasters, Inc., whether the application of Bethesda- cember 27, 1965, 2 FCC 2d 190, 6 R.R. and the availability of other primary Chevy Chase Broadcasters, Inc., should 2d 1901, it is presumed that the proposal service to such areas and populations. be granted. is intended to serve Washington. There­ 2. To determine the areas and popula­ 8. It is further ordered, That the At­ fore, appropriate issues will be specified tions which may be expected to gain or lantic Broadcasting Co. shall, on or be­ to determine whether the proposal would lose primary service from the proposed fore the date specified for the pre-hear­ realistically provide a local transmis­ operation of Station WUST and the ing conference or such further time as sion service for Bethesda or for Wash­ availability of other primary service to the Examiner shall allow, amend the ington and to determine whether, if the such areas and populations. application for increase in power of proposal is realistically a proposal for 3. To determine, with respect to the WUST (File No. BP-14357) to reflect the Washington, the proposal meets the application of Bethesda-Chevy Chase change in corporate name. technical provisions of the Rules for a Broadcasters, Inc. : 9. It is further ordered, That the Ex­ station assigned to Washington.1 (a) The basis for the applicant’s esti­ aminer is hereby authorized to accept the 4. Station WUST is operated to serve mated revenues for the first year of amendment permitted by this order the Negro population of Washington, operation. without requiring compliance with D.C., and its environs while the program (b) The interest, terms of repayment § 1.522(b) of the Commission’s rules. service proposed by Broadcasters does and security in connection with the loans 10. It is further ordered, That, to avail not appear to be similarly specialized. proposed to be secured by James Douglas themselves of the opportunity to be Therefore, evidence on programing will Bailey, John Elbridge Parker, Ralph L. heard, the applicants herein, pursuant to be received and considered under the Creel, Abraham W. Danish, Jerome E. § 1.221(c) of the Commission’s rules, in standard comparative issue. Korpek, B. Francis Saul, and C. Thomas person or by attorney, shall, within 5. On the basis of the information on Clagett, Jr. twenty (20) days of the mailing of this file, it cannot be determined that Broad­ (c) Whether, in view of the evidence Order, file with the Commission in trip­ casters are financially qualified. Exami­ adduced with respect to Items 3-a and licate, a written appearance stating an nation of the application indicates the 3-b, Bethesda-Chevy Chase Broadcast­ intention to appear on the date fixed for following: ers, Inc., is financially qualified to con­ the hearing and present evidence on the (a) Estimated initial expenditures struct and operate the proposed station issues specified in this Order. will total a minimum of $115,736 com­ in that it has or will have sufficient 11. It is further ordered, That the ap­ prised of the down payment on equip­ funds for the construction and operation plicants herein shall, pursuant to section ment, $7,096, miscellaneous, $8,640, and of such station for at least one year. 311(a) (2) of the Communications Act of 4. To determine whether the proposed 1934, as amended, and § 1.594 of the i Charles W. Jobbins, et al., 2 FCC 2d 197, operation of Station WUST will realis­ Commission’s rules, give notice of the 6 R.R. 2d 574, MonroeviUe Broadcasting Co., tically provide a local transmission facil­ hearing, either individually or, if fe^ible et al,, 2 FCC 2d 200, 6 R.R. 2d 697, Jupiter ity for its specified station location or and consistent with the rules, jointly, Associates, Inc., et al., 2 FCC 2d 203, 6 R.R. for another larger community, in the within the time and in the manner pre­ 2d 578. light of all the relevant evidence, includ­ scribed in such rule, and shall advise

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8651 the Commission of the publication of not clear whether Respondents intend on this subject be filed and distributed such notice as required by § 1.594(g) of to offer any further evidence to justify by September 15, 1966. Such testimony the rules. the inclusion of those three items in the would be identified for the record at a rate base, or net investment. In any session for cross-examination thereon Released: June 16,1966. event, the additional time provided by beginning October 10,1966. F ederal Communications the extensions which have been granted Accordingly, it is ordered, This 17th Commission, will afford opportunity for filing of such day of June 1966, that, on or before [seal! B e n F.W aple, additional submissions as Respondents September 15, 1966, all parties to this Secretary. may deem necessary and make it feasible proceeding and the Commission Staff [F.R. Doc. 66-6794; Filed, June 21, 1966; for the Commission to deal with the en­ shall file with the Committee, the Hear­ 8:48 a.m.] tire matter of net investment in any in­ ing Examiner, and the Cooperating Com­ terim orders it may issue, including ap­ missioners, and serve on all other parties, propriate adjustments. in written form, all testimony and exhib­ [Docket No. 16268; FOC 66M-850] Accordingly, it is ordered, This 17th its which they propose to introduce into AMERICAN TELEPHONE & day of June 1966, that, on or before July the record on the issue of rate of return; 29, 1966, Respondents shall submit their and that all such witnesses shall be avail­ TELEGRAPH CO. ET AL. complete justification for inclusion in able and subject to cross-examination at Memorandum Opinion and Order their rate base of claimed amounts of hearing sessions to begin October 10, telephone plant under construction, cash 1966. In the matter of American Telephone working capital, and material and sup­ It is further ordered, That, should any & Telegraph Co. and the Associated Bell plies, as well as the reasonableness of all witness wish to present an oral summary System Cos., Docket No. 16258; charges other items of rate base claimed in their of his direct testimony at the time of his for interstate and foreign communica­ presentation with respect to Phase 1. cross-¡examination, he shall prepare the tion service. summary in writing and it shall be sub­ 1. The Commission’s memorandum Released: June 17,1966. mitted with the written testimony to be opinion and order of December 22, 1965 F ederal Communications filed and distributed on or before Sep­ (FCC 65-1143, 2 FCC 2d 142), established Commission, tember 15, 1966. a two-stage procedure specifying certain [seal] B en F. W aple, issues for hearing in this proceeding in Secretary. Released: June 17, 1966. Phase 1, and leaving all other matters for [F.R. Doc. 66-6819; Filed, June 21, 1966; F ederal Communications Phase 2. In that opinion and order, it 8:50 a.m.] Commission, was further provided, with respect to [seal] B en F. W aple, Phase 1, as follows: Secretary. [Docket No. 16258; FCC 66M-851] After opportunity for cross-examination [F.R. Doc. 66-6821; FUed, June 21, 1966; and presentation of evidence by the parties AMERICAN TELEPHONE & 8:50 a.m.] and the ConunJssion’s staff pertinent to the foregoing matters, the Commission will con­ TELEGRAPH CO. ET AL. sider what interim actions, if any, may be [Docket Nos. 16465,16466; FCC 66M-847] warranted in light of the record as it then Memorandum Opinion and Order stands, i.e., accepting for this purpose re­ In the matter of American Telephone BROWN BROADCASTING CO., INC., spondents’ claimed net investment and ex­ & Telegraph Co. and the Associated Bell AND DIXIE BROADCASTING CORP. penses as derived from their books without System Cos., Docket No. 16258; charges adjustment, and, if the circumstances re­ Order Scheduling Conference quire, Issuing such orders as it finds for interstate and foreign communica­ appropriate. tion service. In re applications of Brown Broadcast­ 1. The initial hearing sessions were ing Co., Inc., Jacksonville, N.C., Docket Respondents’ initial presentation of evi­ held June 7 through 9, 1966, for the re­ No. 16465, File No. BP-16700; Dixie dence on this matter was originally to ceipt of oral testimony from certain of Broadcasting Corp., Aurora, N.C., Docket have been made by April 4,1966. Respondents’ witnesses. At the same No. 16466, File No. BP-17036; for con­ 2. Subsequently, the Telephone Com­ time all of its extensive written presenta­ struction permits. mittee, by its memorandum opinion and tion on Phase 1 of this proceeding was At the oral request of counsel for Dixie order following prehearing conference, identified for the record. Broadcasting Corp. and with the agree­ February 1 1 , 1966, established a series 2. A major portion of Respondents’ ment of counsel for all the other parties: of procedural dates under which Re­ presentation dealt with the claimed rate It is ordered, This 15th day of June 1966, spondents’ direct presentation was to be of return, an issue which we consider to that a further prehearing conference filed and served by May 31, 1966, rather be. one of the most vital to this proceed­ herein will be held on June 22, 1966, at than April 4, 1966. At the request of ing. The testimony offered by Respond­ 2 p.m., at the Commission’s offices, Wash­ Respondents, the date has now been fur­ ents suggests that they share our view ington, D.C. ther extended, by an order of May 31, as to its importance and the desirability 1966 (FCC 66M-756), to July 29, 1966, of completing the evidential record with Released: June 16,1966. to allow additional time for them to pre­ respect thereto as soon as practicable. F ederal Communications pare and submit evidence with respect We have, therefore, considered proce­ Commission, to rate-making principles. dural steps to take to bring this about. [seal] B en F. Waple, 3. Paragraph 3 of the Commission’s 3. Cross-examination on Respond­ Secretary. order of October 27, 1965 (FCC 65-959, ents’ rate of return witnesses begins July 30 F.R. 13885), initiating this proceed- 18, 1966, and will continue at least until [F.R. Doc. 66-6822; Filed, June 21, 1966; mg, called upon Respondents to justify all rate of return witnesses have been 8:50 a.m.] the inclusion in its rate base of telephone examined. These include all who testi­ plant under construction, cash working fied orally June 7 through 9, 1966, and, [Docket No. 16709; FCC 66-527] capital and material and supplies, and in addition, Albert J. Bergfeld on Bell to justify the reasonableness of all other Exhibit No. 19. Orderly and expeditious ISLAND BROADCASTING SYSTEM items of its claimed rate base, expenses, procedure dictates that, at the conclu­ taxes and reserves, upon which it relies sion of such cross-examination, we re­ (WRIV), INC. m determining its operating results. Re­ ceive, at an early date, all other evidence Order Designating Application for spondents have included evidence with to be presented on rate of return. Hearing on Stated Issues respect to rate base, including cash 4. In our judgment, cross-examination working capital, telephone plant under of Respondents’ rate of return witnesses In re application of Island Broadcast­ construction, and materials and sup­ should be completed by mid-August, ing System (WRIV), Inc., Riverhead, plies, in their submission of evidence in 1966. It would be desirable, therefore, N.Y., Docket No. 16709, File No. BPCT- hase 1 as of this date. However, it is that the testimony of all other witnesses 3475.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8652 NOTICES At a session of the Federal Communi­ Accordingly, it is ordered, That, pur­ tion (BPCT-3642) of WBLG-TV, Inc. cations Commission, held at its offices suant to section 399(e) of the Communi­ (WBLG-TV) ; (c) a “Petition To Deny” in Washington, D.C., on the 14th day of cations Act of 1934, as amended, the filed January 14, 1966, by WBLG-TV, June 1966. above-captioned application of Island Inc., directed against (a) above; 1 (d) 1. The Commission has before it for Broadcasting System (WRIV), Inc., is an “Opposition to Petition To Deny” consideration the above-captioned ap­ designated for hearing at a time and filed January 27,1966, by Kentucky Cen­ plication, requesting a construction per­ place to be specified in a subsequent tral, directed against (c) above; and (e) mit for a new television broadcast station order, upon the following issues: a “Reply to Opposition to Petition To to operate on Channel 55, Riverhead, (a) To determine whether the pro­ Deny” filed February 11,1966, by WBLG- N.Y. posed bank loan from Bankers Trust Co. TV, Inc., directed against (d) above. 2. With respect to the issues set forth of New York will be available. 2. On May 17, 1965, Kentucky Cen­ below the following considerations are (b) To determine whether the appli­ tral filed Application BPCT-3569 for a pertinent: cant’s estimate of revenues is reasonable, construction permit for a new television (a) Island Broadcasting System’s ap­ and if so, whether additional funds will broadcast station to operate on Channel plication indicates that approximately be available to meet the first year cash 62, Lexington, Ky. On October 8, 1965, $361,6141 will be needed for the initial requirement of $361,614. WBLG-TV, licensee of Standard Broad­ construction and first year’s operating (c) To determine whether in view of cast Station WBLG, Lexington, Ky., filed expenses of the proposed station. To the evidence adduced pursuant to (a) Application BPCT-3642 for the same fa­ meet the cash requirements, the appli­ and (b), the applicant is financially cility. The following communications cant relies upon the availability of the qualified. mass media services are within the pre­ following: A $150,000 bank loan from (d) To determine, in the light of the dicted Grade B contours of the proposed evidence adduced pursuant to the fore­ television station. Television Stations: Bankers Trust Co. of New York; $201,750 WKYT-TV, Channel 27, Lexington, Ky.; in equipment credit; and $200,000 in first going issues, whether a grant of the ap­ year’s revenues. With respect to the plication would serve the public interest. and WLEX-TV, Channel 18, Lexington. bank loan, however, the letter from It is further ordered, That LIT Enter­ Aural Broadcast Stations: WBLG, Lex­ Bankers Trust Co. is not an uncondi­ prises Corp.’s “Objection to Application” ington, Ky.; WBKY, Lexington; WLAP- tional commitment to lend funds. Also, is dismissed as moot. AM and PM, Lexington, WVLK-AM and on the basis of the information furnished It is further ordered, That, to avail FM, Lexington; WCYN, Cynthiana; it does not appear that the estimate of itself of the opportunity to be heard, the WHIR, Danville; WSTL, Eminencee; first year’s revenues is reasonable. applicant herein, pursuant to § 1 .2 2 1(c) WFKY, Frankfort; WAXU, Georgetown; Moreover, even if the availability of the of the Commission’s rules, in person or by WRVG-FM, Georgetown; WHBN, Har- bank loan and revenues are conceded attorney, shall within twenty (20) days rodsburg; WIRV, Irvine; WLBN, Leb­ there would still be a deficiency of ap­ of the mailing of this order, file with the anon; WPHN, Liberty; WMST, Mount proximately $12,000. In view of the Commission, in triplicate, a written ap­ Sterling; WRVK, Mount Vernon; WNVL, foregoing, it cannot be determined that pearance stating an intention to appear Nicholasville ; W E K Y, Richmond ; the applicant has sufficient funds to con­ on the date fixed for the hearing and WCND, Shelbyville; WRSL, Stanford; present evidence on the issues specified and WWKY, Winchester. Daily News­ struct the station as proposed and there­ papers: Lexington Herald-Leader; Dan­ fore financial issues are specified. in this order. It is further ordered, That the appli­ ville Advocate - Messenger; Frankfort (b) On January 12, 1965, LIT Enter­ cant herein shall, pursuant to section State Journal; Paris Enterprise; Rich­ prises Corp. filed an objection to the 311(a) (2) of the Communications Act of mond Register; and Winchester Sun.2 grant of the original application which 1934, as amended, and § 1.594(a) of the 3. On the merits, WBLG-TV’s sole requested Channel 75, in Center Commission’s rules, give notice of the contention is that in view of the many Moriches, N.Y. LIT alleged that the hearing within the time and in the man­ business interests of Garvice D. Kincaid, applicant had no intent to serve Center ner prescribed in such rule, and shall ad­ Chairman of the Board of Kentucky Moriches and that its real interest was vise the Commission of the publication of Central, and his associates in the area, in serving Riverhead. On June 8, 1965, such notice as required by § 1.594(g) of the Commission should either deny Ken­ the Commission released the new table the rules. tucky Central’s application or specify an of assignments2 for UHF channels, which deleted Channel 75 from Pat- Released: June 17,1966. “economic dominance” issue as to chogue. As a result, the applicant on whether a grant of its application would F ederal Communications be in the public interest.8 July 7, 1965, amended its application to Commission, specify Channel 55 in Riverhead, N.Y. 4. In support of its request that the [seal] B en F. W aple, ... Commission either deny or specify an Since no objection has been filed by LIT Secretary. Enterprises, presumably it has no objec­ issue on economic dominance, WBLG- tion to the present application. In view [F.R. Doc. 66-6824; Filed, June 21, 1966; TV alleges that Kentucky Central’s prin­ of this, LIT Enterprises’ “Objection to 8:50 a.m.] cipals have substantial interest through­ Application” will be dismissed as moot. out the State of Kentucky engaged in the insurance, banking, and small loan 3. In view of the foregoing, it appears [Docket Nos. 16700, 16701; FCC 66-516] that, except as indicated above, the ap­ business, all interrelated, with substan­ plicant is qualified to construct, own and KENTUCKY CENTRAL TELEVISION tial concentration in the area to be INC. AND WBLG-TV, INC. served by the proposed television station, operate the proposed new television that Kentucky Central’s principals al- broadcast station. Upon consideration Memorandum Opinion and Order of the above-captioned application, the Commission finds that, pursuant to sec­ Designating Applications for Con­ 1 Although the petition to deny does no tion 309(e) of the Communications Act solidated Hearing of Stated Issues meet the filing requirements of § 1-580 o the Commission’s rules, the Commission, o of 1934, as amended, a hearing is nec­ In re applications of Kentucky Central its own motion, is waiving this section. essary and that this application must be Television, Inc., Lexington, Ky., Docket 2 Editor and Publisher International Year­ designated for hearing on the issues set No. 16700, File No. BPCT-3569; WBLG- book, 1965 edition. forth below. TV, Inc., Lexington, Ky., Docket No. 3 The economic dominance question wa* 16701, File No. BPCT-3642; for construc­ originally raised by WLEX—TV, Inc., w j_ subsequently withdrew its petition. H 1 Down payment to ROA—$63,114; first tion permit for new television broadcast ever, WBLG-TV, Inc., in its “Petition To year’s payments to RCA—$51,000; building station. Deny” stated that rather than burden $15,000; other $32,500; and estimated cost of 1. The Commission has before it forrecord with repetition, it would adopt operation—$200,000 (this includes the cost consideration: (a) The above-captioned representations made in paragraphs of operation for its Standard Broadcast application (BPCT-3569) of Kentucky of WLEX—TV’s petition, all °* ^ h.lck Station WRIV, Riverhead). based upon matters of which official n 2 Fourth report and order in Docket No. Central Television, Inc. (Kentucky Cen­ 14229, FCC 65-504. tral) ; (b) the above-captioned applica- can be taken.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8653 ready control two broadcast facilities In broadcast station of its own and only “Petition To Deny” will be denied. How­ Lexington which devote substantial por­ one daytime primary service. Lexing­ ever, this matter can be explored under tions of their broadcast week to promot­ ton, Ky., has a population of 73,000. Out the standard comparative issue.® ing the related interests of Kentucky of this Kentucky Central employs 995 9. With respect to WBLG-TV, Inc.’s, Central; that these interests receive persons. The area in question is also application, the following considerations preferential treatment; and that the presently served by 2 television sta­ are relevant: proposed television station will also be tions, 6 newspapers and 23 aural broad­ (a) Its application indicates that used to promote these interests. This cast stations of which only 2 WVLK- $1,107,3597 will be needed for the initial allegedly will have the effect of enabling AM and FM, are controlled by Garvice ^construction and first year’s operating Kentucky Central to enhance its “* * * Kincaid. In Travelers, where the Com­ expenses. To meet the cash require­ extensive and farflung empire of finance, mission added an issue on economic ments, the applicant relies upon the banking, loans and insurance compa­ dominance, Travelers Insurance Co.’s availability of the following: A $500,000 nies * * *” in Kentucky to the detri­ individual assets were the largest of all loan from Reeves Broadcasting Corp.; ment of its competitors. of the Hartford insurance companies, $10,000 in existing capital; $190,000 in 5. With respect to the alleged substan­i.e., 28.5 percent, but it was ultimately stock subscriptions from Reeves Broad­ tial interests of Garvice Kincaid and his held that the evidence did not sustain the casting and Roy B. White, Jr.; and associates in the area, it appears from charge of economic dominance. Even $500,000 in revenues. The applicant has the applicant’s pleadings, which have though it is apparent that Kentucky established the availability of the loan not been rebutted, that Kentucky Cen­ Central is active in many different busi­ and the $95,000 stock subscription from tral has the following insurance, bank, nesses in Lexington, nothing has been Reeves Broadcasting. With respect to small loan, broadcast, and miscellaneous shown that would indicate a dominance, the remaining $95,000 stock subscription interests within its proposed predicted in any of them, to the extent evidenced in of Roy B. White, Jr., however, since his Grade B contour. the Midland and Travelers cases.4 balance sheet does not fully disclose the Insurance: Kentucky Central Life In­ 8. With respect to the time purchased nature of his stocks and bonds, i.e., on surance Co.—354 employees; it also con­ by related business interests on Kincaid’s what exchange they are listed, cash or trols four insurance agencies which em­ broadcast stations in Lexington (WVLK- market value, etc., we are unable to ploy 14 persons. Banks: Kentucky Cen­ AM and FM), it appears that out of a determine whether or not Mr. White will tral apparently has interests in 12 banks combined total of 295 broadcast hours be able to meet his commitments. having deposits of $79,700,000 and which per week, 56 hours or 19 percent are pur­ Furthermore* although the applicant employ 216 persons. However, it also chased by Kentucky Central and its re­ estimates first year revenues to be appears that there are 92 other banks in lated interests.* Although WBLG-TV $500,000, it has not submitted any evi­ the area, which have total deposits of has alleged “preferential treatment” dentiary showing as to their availability. $678,100,000. Small Loan Companies: nothing has been shown to substantiate Therefore, the applicant has shown cash Kentucky Central appears to control 35 this contention. Moreover, Kentucky available in the amount of $605,000, to small loan companies in the area which Central has submitted an affidavit from meet an estimated requirement of employ 180 people, but there are 66 other the General Manager of Station WVLK- $1,107,359. Accordingly, financial issues small loan companies in the same area. AM and FM which indicates that “ * * * are specified. Broadcast Interests: The principals of the businesses in which Mr. Kincaid has (b) It appears that WBLG-TV, Inc., Kentucky Central have interests in aural an interest * * * pay the same rates as proposes to locate its main studio out­ Broadcast Station WVLK-AM and PM, other advertisers”; that "* * * most of side of the corporate limits of Lexing­ Lexington, which hires 30 people. As in­ such advertising is placed in less attrac­ ton, and therefore, it requests a waiver dicated in paragraph two above, however, tive advertising availabilities”; and that of § 73.613 of the Commission’s rules. there are 21 other standard broadcast "* * * these stations [WVLK-AM and However, since no justification for stations serving the same area. Other FM] have never refused to carry ad­ waiver has been submitted, an issue is Business Interests: The pleadings dis­ vertising because a competitive business specified to determine whether circum­ close that Kentucky Central and its was involved”. Although WBLG-TV stances exist that warrant a waiver of principals also have interests in five mis­ alleges that the proposed television sta­ this section. cellaneous fields, employing a total of 201 tion will also be used to promote Mr. 10. With respect to both applications, persons. The largest of these is the Kincaid’s interests, Kentucky Central’s it should be noted that offset designators Cardinal Corp. which operates the application indicates that it estimates have not been provided. These will be Phoenix Hotel in Lexington which has that five spot announcements per day furnished in a subsequent order by the 180 employees. will be devoted to their insurance busi­ Commission, and therefore, a grant of On the basis of the above, we do not ness, and that it is aware of no specific either of these applications Will be made believe it has been shown, nor that it can plans to carry advertising of its other subject to the condition that operation be shown, that the interests of Kentucky business interests on the proposed sta­ of the station will be in accordance with Central and its principals represent such tion. Even though WBLG-TV contends offset designators which will be specified a substantial force in the economic life that these advertising plans will result in subsequently. Kentucky Central’s affording itself of Lexington that would require an issue 11. In view of the foregoing, it appears l?*V economic dominance. Although “preferential treatment vis-a-vis its competitors”, we have not been shown that no substantial or material questions WBLG-TV relies upon “* * * well of fact have been presented by the peti­ established Commission precedents such how this could be accomplished on the basis of the advertising plans now pro­ tioner, and except as indicated by the to i r^ve^ers Broadcasting Service Corp., issues set forth below, each of the appli­ ~~ 689 (1956), and Midland Broad­ posed. Moreover, the past record of WVLK-AM and FM does not disclose cants is qualified to construct, own and casting Co., 3 R.R. 1961 (1948) * * *” in operate the proposed new television requesting an economic dominance issue, such a practice. Therefore, we do not believe that an economic dominance brodacast station. The applications are, 0l- ^bose cases were quite differ­ however mutually exclusive in that oper­ ent from those present here. issue is warranted and WBLG-TV’s ation by the applicants as proposed . J ’ ^n Midland Broadcasting Co. which would result in mutually destructive i See also Hershey Broadcasting Co., Inc., w i V»d- the “comPany town” of Mid- FCC 62—222, 22 R.R. 1071. Reconsideration interference. The Commission is, there­ ana, Mich., the Commission preferred denied FCC 62-558, 22 R.R. 1072. In Hershey, fore, unable to make the statutory find- a newspaper owner over the Dow Manu- the Commission also added an issue on eco­ ^°* which the Commission nomic dominance, but this case is also dis­ 6 Policy statement on comparative broad­ “* * * necessarily domi- tinguishable. In Hershey, the Hershey cast hearings, 1 FCC 2d 393, 5 R.R. 2d 1901. xiate the life of most of the inhabitants Estate owned and operated the town of 7 Down payment to RCA—$192,000; first «Com m unity» It is significant to Hershey, providing recreation facilities, util­ year’s payments to RCA—$186,659; land ote however, that in Midland, the Dow ities and employing 3,605 persons from a acquisition—$6,600; building remodeling, total population of 6,815. etc. — $170,000; miscellaneous expenses — of 90 Percent of a population 8 BR 1953, granted July 15, 1964. BRH $125,000; and estimated cost of operation— t

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8654 NOTICES [Docket No. 16666; FCC 66M-848] 1070 kc, 500 w, day; Emmet Radio Corp., ing that a grant of the applications Estherville, Iowa, Docket No. 16699, File would serve the public interest, conven­ TELESYSTEMS CORP. ience and necessity, and is of the opinion No. BP-16718, requests: 1070 kc, 250 w, that they must be designated for hearing Order After Pfehearing Conference DA, day; for construction permits. in a consolidated proceeding on the Continuing Hearing At a session of the Federal Communi­ issues set forth below. cations Commission held at its offices in Accordingly, it is ordered, That, pur­ In the matter of cease and desist or­ Washington, D.C., on the 14th day of der to be directed against Telesystems June 1966; suant to section 309(e) of the Communi­ Corp., owner and operator of a com­ cations Act of 1934, as amended, the 1. The Commission has before it for above-captioned applications of Ken­ munity antenna television system at consideration the above-captioned appli­ tucky Central Television, Inc., and Springfield Township, Pa., Docket No. cations which are mutually exclusive in WBLG-TV, Inc., are designated for 16666. that simultaneous operation of the pro­ The Hearing Examiner having under posals would result in mutually destruc­ hearing in a consolidated proceeding at consideration the record of the prehear­ a time and place to be specified in a sub­ ing conference in the above-entitled pro­ tive interference. sequent order, upon the following issues: ceeding held June 15,1966, and a motion 2. Neither of the applicants have re­ 1. To determine with respect to filed the same day by the respondent, ceived approval of the Federal Aviation WBLG-TV, Inc’s, application. Telesystems Corp., to which the other Agency for the construction of their (a) Whether Roy B. White, Jr., has parties have orally expressed their con­ radio towers. Thus, an issue will be in­ sufficient liquid assets to meet his $95,000 sent, requesting that the date for com­ cluded in this order to determine whether stock commitment. mencement of the hearing be changed the tower height and location proposed (b) Whether its $500,000 estimate of from June 24 (as agreed upon tenta­ by each of the applicants would consti­ revenues is reasonable. tively during the prehearing conference) tute a menace to air navigation. (c) Whether, in view of the evidence and from June 28 (the date scheduled in 3. An examination of the Emmet adduced pursuant to (a) and (b), the the order of the Chief Hearing Exam­ Radio Corp. application indicates that applicant is financially qualified. iner) to July 1,1966, so as to effect com­ a total of $95,456 is needed to construct (d) Whether circumstances exist pliance with the provisions of section and operate the proposed station for a 312(c) of the Communications Act of period of 1 year without revenues. The which would warrant a waiver of section applicant has available $8,000 from stock 73.613 of the Commission’s rules. 1934, as amended;1 It is ordered, This 16th day of June subscriptions; manufacturer’s credit of 2. To determine which of the pro­ $16,500; and a loan commitment of posals would better serve the public 1966, That the agreements, concessions and procedural arrangements estab­ $40,000 for a total of $64,500. However, interest. lished during the prehearing conference, this amount falls short of the applicant’s 3. To determine, in the light of the except with regard to those matters per­ own estimate ($95,456) of the amount evidence adduced pursuant to the fore­ taining to the date set therein for con­ needed to construct ($43,456) and op­ going issues, which of the applications vening the hearing, are hereby approved erate ($52,000) the proposed station for should be granted. and the transcript of the prehearing con­ 1 year without revenues. Accordingly, It is further ordered, That WBLG- ference is incorporated by reference a financial issue will be specified. TV, Inc’s, petition to deny is hereby herein with the same force and effect as 4rTri-State has estimated that $50,868 denied. A if set forth verbatim; and will be needed to construct ($22,868) It is further ordered, That a grant It is ordered further, That the re­ and operate ($28,000) its proposed sta­ of either of the applications be made sub­ spondent’s motion for the extension of tion for a period of 1 year without rev­ ject to the following condition: the hearing date to July 1 is hereby enues. The applicant proposes to raise $15,000 through the purchase of its capi­ That operation of the station be in ac­ granted and that the hearing will con­ cordance with offset designators to be speci­ vene at 10 a.m., Friday, July 1, 1966, at tal stock, in equal amounts, by its three fied in a subsequent order. the Commission’s offices, Washington, principals. However, only one of the D.C. subscribers, Russell Vande Brake, ap- It is further ordered, That, to avail pears to have sufficient cash and/or themselves of the opportunity to be Released: June 16,1966. liquid assets available to meet his com­ heard, the applicants herein, pursuant F ederal Communications mitment. In addition, thè applicant re­ to § 1.221(c) of the Commission’s rules, Commission, lies on an equipment manufacturers in person or by attorney, shall within [seal] Ben F. W aple, credit of $10,244 and a loan from Mr. twenty (20) days of the mailing of this Secretary. Brake in the amount of $6,000. However, order, file with the Commission, in tripli­ [F.R. Doc. 66-6826; Filed, June 21, 1966; no firm letter from the manufacturer cate, a written appearance stating an 8:50 a.m.] extending credit has been filed. These intention to appear on the date fixed for potential sources of capital total only the hearing and present evidence on the $31,244, leaving the applicant at least issues specified in this order. [Docket Nos. 16698, 16699; FCC 66-513] $19,624 short of establishing basic It is further ordered, That the appli­ TRI-STATE BROADCASTERS, INC., AND financial qualification. cants herein shall, pursuant to section 5,. T h e Commission finds that, except 311(a) (2) of the Communications Act of EMMET RADIO CORP. as indicated by the issues specified be­ 1934, as amended, and § 1.594(a) of the Order Designating Applications for low, the applicants are qualified to_ con­ Commission’s rules, give notice of the Consolidated Hearing on Stated struct, own and operate as proposed, bu hearing, either individually or, if feasi­ in view of the foregoing, the Commissio ble, jointly, within the time and in the Issues is unable to find that a grant of eitner manner prescribed in such rule, and shall In re applications of Tri-State Broad­ of the aforementioned applications wouia advise the Commission of the publica­ casters, Inc., Sioux Center, Iowa, Docket serve the public interest, convenience tion of such notice as required by § 1.594 No. 16698, File No. BP-16461, requests: and necessity, and is of the opinion1tn (g) of the rules. the applications must be designated 1 »The statutory requirement is, in effect, hearing in a consolidated proceedi S Adopted: June 14, 1966. that hearings on show cause orders are not upon the issues set forth below. Released: June 17, 1966. to be convened before the expiration of 30 6. It is ordered, That, pursuant to sec­ days from receipt of such orders by the re­ tion 309(e) of the Communications aci F ederal Communications spondents. In the present instance, the of 1934, as amended, the applications are Commission, docket shows that respondent received the order on May 31. During the prehearing con­ designated for hearing in a consolida [seal] Ben F. W aple, Secretary. ference respondent tentatively waived this proceeding, at a time and place to e requirement and agreed to go to hearing on specified in a subsequent order, upon the [F.R. Doc. 66-6825; Filed, June 21, 1966; June 24. However, subsequently respondent 8:50 a.m.] determined to stand on its statutory right. following issues:

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8655 1. To determine the areas and popu­ shall advise the Commission of the pub­ that the order issued in the instant lations which would receive primary lication of such notice as required by docket be amended so as to authorize de­ service from each of the proposals and § 1.594(g) of the rules. liveries of revised volumes of gas to cer­ the availability of other primary service Released: June 16,1966. tain named customers under various rate to such areas and populations. schedules and that the Commission ac­ 2. To determine whether there is a F ederal Communications cept, concurrently, the corresponding reasonable possibility that either or both Commission, - service agreements for filing effective of the tower heights and locations pro­ [seal] Ben F. Waple, September 1, 1966, all as more fully set posed by the respective applicants would Secretary. forth in the petition to amend which is constitute a menace to air navigation. [F.R. Doc. 66-6827; Filed, June 21, 1966; on file with the Commission and open 3. To determine whether Emmet Radio 8:51 a.m.] to public inspection. Corp. has sufficient funds available in Petitioner states that since the prepa­ excess of $64,500 to construct and oper­ ration of the application in the instant ate its proposed station for 1 year with­ docket, all of its customers have reviewed out revenues and thus demonstrate its FEDERAL POWER COMMISSION their requirements in the light of their financial qualification. [Docket No. CP66-208] actual residential, commercial, and in­ 4. To determine, with respect to the dustrial growth and operations experi­ application of Tri-State Broadcasters, MICHIGAN WISCONSIN PIPE LINE ence during this past winter. Petitioner Inc.: CO. further states that as a result of such (a) Whether Gerrit Vanden Bosch review, certain of its customers have re­ and Albert Vanden Bosch have sufficient Notice of Petition To Amend quested a modification in their Maximum cash and/or liquid assets available to Order Daily Quantity entitlement of gas and/or meet their respective $5,000 stock pur­ a change in rate schedule under which chase commitments. J une 15,1966. service will be rendered. (b) To determine whether a firm com­ Take notice that on June 2,1966, Mich­ The petition to amend states that the mitment of at least $10,244 credit is igan Wisconsin Pipe Line Co. (Peti­ requested MDQ modifications result in a available to Tri-State Broadcasters, Inc., tioner) , One Woodward Avenue, Detroit, net aggregate increase of 27,189 Mcf of from its designated equipment manu­ Mich., filed in Docket No. CP66-208 a gas per day which can be served from a facturer. petition to amend the order of the Com­ portion of Petitioner’s unallocated vol­ (c) To determine, assuming (a) and mission issued in said docket on May 24, ume of 52,000 Mcf of gas per day. .(b),- above, are answered in the affirma­ 1966, which order authorized Petitioner, The requested modifications in MDQ, tive, whether Tri-State Broadcasters, inter alia, to sell and deliver additional together with the requested changes in Inc., has sufficient funds available in ex­ natural gas to certain existing customers. rate schedule under which the service cess of $31,244 to construct and operate By the instant filing, Petitioner requests will be rendered, are stated to be: its proposed station for 1 year without revenues and thus demonstrate its Company Bate schedule Original Revised Increase or financial qualification. changes nomination nomination (decrease) 5. To determine, in the light of section 307(b) of the Communications Act of Allerton Gas Co...______'__ 625 680 55 Î934, as amended, which of the proposals City of Bloomfield, Iowa______1,550 1,600 50 Keokuk Gas Service Co______10,900 11,500 600 would better provide a fair, efficient and Michigan Gas & Electric Co______.___ ._ 57,500 59,750 2,250 equitable distribution of radio service. Michigan Gas Utilities Co______68,000 75,000 7.000 Town of Morning Sun, Iowa______489 585 96 6. To determine, in the light of the Town of Winfield, Iowa______613 800 187 evidence adduced pursuant to the fore­ Wisconsin Natural Gas Co.______178.000 188,000 10,000 Wisconsin Public Service Corp______157.000 161,000 4,000 going issues which, if either, of the ap­ /SGS-l...... 1,539 plications should be granted. IACQ-1...... 1,490 } (49) 7« It is further ordered, That the /AOQ-1...... 460,000 454.000 \MDQ-1...... 9,000 } 3,000 Federal Aviation Agency is made a party Wisconsin Fuel & Light Co______... /ACQ-1...... 44,300 40,900 to the proceeding. IMDQ-l...... 3; 400 }...... /ACQ-1...... 44,000 42,000 8. It is further ordered, That in the lMDQ-1...... 2,000 1 ...... event of a grant of either of the above applications, the construction permit shall contain the following condition : Protests or petitioners to intervene tion of its transportation facilities with Pending a final decision in Docket No. may be filed with the Federal Power the facilities proposed to be constructed 14419 with respect to presunrise opera­ Commission, Washington, D.C., 20426, in by Applicant and to sell and deliver to tion with daytime facilities, the present accordance with the rules of practice and Applicant volumes of natural gas for provisions of § 73.87 of the Commission’s procedure (18 CFR 1.8 or 1.10) and the resale and distribution in Applicant, all rules are not extended to this authoriza­ regulations under the Natural Gas Act as more fully set forth in the application tion, and such operation is precluded. (157.10) on or before July 11, 1966. which is on file with the Commission and 9. It is further ordered, That, to avail J oseph H. G utride, open to public inspection. themselves of the opportunity to be Secretary. Applicant is located approximately six heard, the applicants and party respond­ [Fjl. Doc. 66-6759; Filed, June 21, 1966; miles south of Respondent’s existing ent herein, pursuant to § 1 .2 2 1(c) of the 8:45 a.m.] Savanna branchline in Jackson County, Commission’s rules, in person or by at­ Iowa. torney, shall, within 20 days of the mail- Applicant proposes that Respondent ing of this order, file with the Commission [Docket No. CP66-396] construct the necessary lateral branch­ m triplicate a written appearance stating line in accordance with the branchline an intention to appear on the date fixed TOWN OF PRESTON, IOWA AND extension policy fixed for Respondent in tor the hearing and present evidence on NORTHERN NATURAL GAS CO. Opinion No. 324 issued July 31, 1959 (22 inssues sPecthed in this order. Notice of Application FPC 164). Applicant further proposes 10. It is further ordered, That the ap­ to construct a distribution system of plicants herein shall, pursuant to sec- J une 15,1966. intermediate pressure design to provide An? 3i ^ a* (2 ) of the Communications Take notice that on June 3, 1966, the natural gas service to residential and nftv,°V,1934’ as amended, and §1.594 town of Preston, Iowa (Applicant), filed commercial establishments, to schools, tViJu Commission’s rules, give notice of in Docket No. CP66-396 an application and to an interruptible industrial cus­ f ® hearing, either individually or, if pursuant to section 7(a) of the Natural tomer for cooking, water heating, space ini« e an<* consistent with the rides, Gas Act for an order of the Commission heating, and other associated uses. Jointiy. within the time and in the directing Northern Natural Gas Co. (Re­ The total estimated volumes of natural anner prescribed in such rule, and spondent) to establish physical connec- gas involved to meet Applicant’s annual

No. 120—Pt. Ï- FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8656 NOTICES and peak day requirements for the ini­ The total estimated cost of Applicant’s of the Small Business Act, as amended, tial 3-year period of proposed operations proposed distribution system is $117,640, may be received and considered by the are stated to be: which cast will be financed by means of offices below indicated from persons or Gas Revenue Bonds. firms whose property, situated in the First Second Third Protests or petitions to intervene may aforesaid county and areas adjacent year year year be filed with the Federal Power Commis­ thereto, suffered damage or destruction sion, Washington, D.C., 20426, in ac­ resulting from a tornado and accom­ Annual (Mcf)...... - 29,970 89,440 96,950 cordance with the rules of practice and panying conditions occurring on or Peak day (Mcf)___ 224 293 358 procedure (18 CFR 1.8 or 1.10). on or about June 5,1966. before July 11, 1966. Office The total estimated cost of Applicant’s Joseph H. Gutride, Small Business Administration Regional proposed distribution system is $136,030, Secretary. Office, Third and Robinson Streets, Okla­ which cost will be financed by means of [F.R. Doc. 66-6761; Filed, June 21, 1966; homa City, Okla., 73102. gas revenue bonds. 8:45 a.m.] Protests or petitions to intervene may 2. A temporary office will be estab­ be filed With the Federal Power Commis­ lished in Enid, Okla., address to be sion, Washington, D.C., 20426, in accord­ announced locally. ance with the rules of practice and pro­ SECURITIES AND EXCHANGE 3. Applications for disaster loans cedure (18 CFR 1.8 or 1.10) on or before under the authority of this declaration July 11,1966. COMMISSION will not be accepted subsequent to De­ Joseph H. Gutride, cember 31, 1966. Secretary. [File No. 14-1] Dated: June 7,1966. [F.R. Doc. 66-6760; Filed, June 21, 1966; ELKTON CO. B ernard L. B outin, 8:45 a.m.J, Order Suspending Trading Administrator. [F.R. Doc. 66-6767; Filed, June 21, 1966; [Docket No. CP66-397] June 16, 1966. 8:45 a.m.] It appearing to the Securities and Ex­ TOWN OF SABULA/ IOWA AND change Commission that the summary [Declaration of Disaster Area 580] NORTHERN NATURAL GAS CO. suspension of trading in the common KANSAS stock, 1 cent par value, of the Elkton Co. Notice of Application otherwise than on a national securities Declaration of-Disaster Area June 15, 1966. exchange is required in the public in­ Whereas, it has been reported that Take notice that on June 3, 1966, the terest and for the protection of investors; during the month of June 1966, because the town of Sabula, Iowa (Applicant), It is ordered, Pursuant to section of the effects of certain disasters, damage filed in Docket No. CP66-397 an applica­ 15(c) (5) of the Securities Exchange Act resulted to residences and business prop­ tion pursuant to section 7(a) of the Nat­ of 1934, that trading in such securities erty located in the State of Kansas; ural Gas Act for an order of the Com­ otherwise than on a national securities Whereas, the Small Business Adminis­ mission directing Northern Natural Gas exchange be summarily suspended, this tration has investigated arid has received Co. (Respondent) to establish physical order to be effective for the period June other reports of investigations of con­ connection of its transportation facili­ 17, 1966, through June 26, 1966, both ditions in the areas affected; ties with the facilities proposed to be con­ dates inclusive. Whereas, after reading and evaluating structed by Applicant and to sell and By the Commission.’ reports of such conditions, I'find that the deliver to Applicant volumes of natural conditions in such areas constitute a gas for resale and distribution in Ap­ [seal] Orval L. DuB ois, catastrophe within the purview of the plicant, all as more fully set forth in the Secretary. Small Business Act, as amended. application which is on file with the [F.R. Doc. 66-6766; Filed, June 21, 1966; Now, therefore, as Administrator of the Commission and open to public in­ 8:45 a.m.] Small Business Administratiori, I hereby spection. determine that: Applicant is located on the eastern 1. Applications for disaster loans un­ border of Iowa, approximately 1 mile der the provisions of section 7(b)(1) of south of the" terminus of Respondent’s SMALL OUSINESS the Small Business Act, as amended, may existing Savanna branchline in Jackson be received and considered by the offices County, Iowa. ADMINISTRATION below indicated from persons or firms Applicant proposes that Respondent [Declaration of Disaster Area 579] whose property, situated in the aforesaid State, suffered damage or destruction re­ construct the necessary lateral branch- OKLAHOMA line in accordance with the branchline sulting from tornadoes and accompany­ extension policy fixed for Respondent in Declaration of Disaster Area ing conditions occurring on or about Opinion No. 324 issued July 31, 1959 (22 June 8, 1966. FPC 164). Applicant further proposes Whereas, it has been reported that Offices to construct a distribution system of in­ during the month of June 1966, because Small Business Administration, Regional termediate pressure design to provide of the effects of certain disasters, dam­ Office, 911 Walnut Street, Kansas City, Mo., age resulted to residences and business 64106. . , natural gas service to residential and property located in Garfield County in Small Business Administration, Regional commercial establishments, to schools, the State of Oklahoma; Office, 120 South Market Street, Wichita, and to an interruptible industrial cusr Whereas, the small Business Admin­ Kans., 67202. tomer, for cooking water heating, space­ istration has investigated and has re­ 2. A temporary office will be estab­ heating, and other associated uses. ceived other reports of investigations of lished in Topeka, Kans., address to be The total estimated volumes of natural conditions in the area affected; announced locally. gas involved to meet Applicant’s annual , Whereas, after reading and evaluat­ 3. Applications for disaster loans un­ and peak day requirements for the initial ing reports of such conditions, I find der the authority of this declaration will 3-year period of proposed operations are that the conditions in such area con­ not be accepted subsequent to Decem­ stated to be: stitute a catastrophe within the purview ber 31,1966. of the Small Business Act, as amended. First Second Third Now, therefore, as Administrator of Dated: June 9,1966. year year year : Bernard L. Boutin, the Small Business Administration, I Administrator. hereby determine that: 26,030 33,500 39,300 [F.R. Doc. 66-6768; Filed, June 21, 1966, 197 261 313 1. Applications for disaster . loans under the provisions pf section 7 (b)(1 ) 8:46 a.m.]

FEDERAL REGISTER, VOL; 31, NO. 120— WEDNESDAY, JUNE 22, 1965 NOTICES 8657 [Declaration of Disaster Area 581] hereby redelegated to the Assistant Re­ recommendation of the appropriate Field gional Director for Disaster Loans, State Office Claims Review Committee on FLORIDA of Louisiana, New Orleans, La.: claims not in excess of $5,000 (including Declaration of Disaster Area A. Financial assistance (disaster loansCPC advances but excluding interest) or only). X. To approve disaster loans not the unanimous recommendation of said Whereas, it has been reported that exceeding $350,000. (SBA share.) committee on claims in excess of $5,000 during the month of June 1966, because 2. To decline disaster loans of any but not exceeding $100,000 (including of the effects of certain disasters, damage amount. CPC advances but excluding interest) .* * resulted to residences and business prop­ 3. To disburse approved loans. 11. To approve or reject the request of erty located in the State of Florida; 4. To enter into disaster loan partici­ an applicant to file for a disaster loan Whereas, the Small Business Adminis­ pation agreement with banks. after the period for acceptance under the tration has investigated and has received 5. To execute Loan Authorizations for original disaster declaration, or exten­ other reports of investigations of condi­ Washington approved loans and for sion thereof, has expired. tions in the area affected; loans approved under delegated author­ B. [Reserved.] Whereas, after reading and evaluating ity, said execution to read as follows: C. [Reserved.] reports of such conditions, I find that the D. Administration. 1. To advertise conditions in such area constitute a (Name), Administrator B y ------regarding the public sale of (a) collateral catastrophe within the purview of the in connection with the liquidation of Small Business Act, as amended. (Name) Assistant Regional Director. loans, and (b) acquired property.* * Now, therefore, as Administrator of the (City) 2. To purchase reproductions of loan Small Business Administration, I hereby documents, chargeable to the revolving determine that: 6. To cancel, reinstate, modify, and fund, requested by U.S. Attorneys in fore­ 1. Applications for disaster loans un­ amend authorizations for disaster loans. closure cases. der the provisions of section 7(b) (1 ) of 7. To extend disbursement period on 3. To (a) purchase all office supplies the Small Business Act, as amended, may all loan authorizations or undisbursed and expendable equipment, including all be received and considered by the offices portions of loans. desk top items, and rent regular office below indicated from persons or firms 8. To approve, when requested, in ad­ equipment; (b) contract for repair and whose property, situated in the aforesaid vance of disbursement, conformed copies maintenance of equipment and furnish­ State, suffered damage or destruction re­ of notes and other closing documents; ings; (c) contract for services required sulting from Hurricane Alma, including and certify to the participating bank in setting up and dismantling and mov­ winds and flooding caused by heavy rains that such documents are in compliance ing SBA exhibits and (d) issue Govern­ and high tides, and accompanying con­ with the participation authorization. ment bills of lading. ditions occurring on or about June 8, 9. To establish disaster field offices 4. In connection with the establish­ 1966. upon receipt of advice of the designation Offices ment of Disaster Loan Offices, to (a) ob­ of a disaster area; to advise on the mak­ ligate Small Business Administration to Small Business Administration, Regional ing of disaster loans; to appoint as a reimburse General Services Administra­ Office, 51 Southwest First Avenue, Miami, processing representative any bank in tion for the rental of office space; (b) Fla,, 33130. the disaster area; and to close disaster Small Business Administration, Regional rent office equipment; and (c) procure Office, 47 West Forsyth Street, Jacksonville, field offices when no longer advisable to (without dollar limitation) emergency Fla., 32202. maintain such offices. * * supplies and materials. 10. To take all necessary actions in 2. A temporary office will be estab­ connection with the administration, 5. To rent motor vehicles from the lished in Pinellas County at the Pinellas servicing, collection, and liquidation of General Services Administration and to Industrial Park, address to be announced all disaster loans and other obligations rent garage space for the storage of such locally. or assets, including collateral purchased; vehicles when not furnished by this 3. Applications for disaster loans un­ and to do and perform and to assent to Administration. der the authority of this declaration will the doing and performance of, all and E. Eligibility determinations. To de­ not be accepted subsequent to Decem­ every act and thing requisite and proper termine eligibility of applicants for ber 31,1966. to effectuate the granted powers, in­ assistance under any program of the Dated: June 10,1966. cluding without limiting the generality agency in accordance with Small Busi­ of the foregoing: ness Administration standards and B ernard L. B outin, a. The assignment, endorsement, policies. Administrator. transfer, and delivery (but in all cases II. The specific authority delegated in [PR. Doc. 66-6769; Filed. June 21, 1966; without representation, recourse, or war­ subsections I.A.9, I.A.10.C., and I.D.I., 8:46 a.m.] ranty) of notes, claims, bonds, deben­ herein cannot be redelegated. These are tures, mortgages, deeds of trust, con­ indicated by asterisks (* *). The specific [Delegation of Authority 30-6 (Rev. 1), tracts, patents and applications therefor, authority in the remaining subsections Southwestern Area, Dallas, Tex., Disaster 7] licenses, certificates of stock and of de­ may be redelegated to appropriate sub­ posit, and any other liens, powers, rights, ordinate positions within Disaster Field assistant r e g io n a l d ir ec t o r fo r charges on and interest in or to property Office. DISASTER LOANS, NEW ORLEANS; of any kind, legal and equitable, now or III. All authority delegated herein may DISASTER FIELD OFFICE, NEW OR­ hereafter held by the Small Business Ad­ be exercised by-any Small Business Ad­ LEANS, LA. ministration or its Administrator; ministration employee designated as b. The execution and delivery of con­ acting Assistant Regional Director. Delegation of Authority To Conduct tracts of sale or of lease or sublease, IV. All authority previously delegated Program Activities in Connection quitclaim, bargain, and sale or special is hereby rescinded without prejudice to With Disaster Loans warranty deeds, bills of sale, leases, sub­ actions taken under such previous dele­ leases, assignments, subordinations, re­ gations of authority prior to the date . Pursuant to the authority delegate leases (in whole or part) of liens, satis­ hereof. to the Area Administrator by Delegatio faction pieces, affidavits, proofs of claim oi Authority No. 30 (Rev. 10), 30 F.R. 97 in bankruptcy or other estates, and such Effective date: June 1,1966. ,£ January 29, 1965, Amendment other instruments in writing as may be v* F.R. 2742, dated March 3, 196 appropriate and necessary to effectuate R obert E. W est, ?“ lndment 2> 30 p R- 11984, dated Sei the foregoing. Area Administrator, io*Jo^er 18, 1965, Amendment 3, 30 F.I *c. To take final action on an offer of Southwestern Area. *f*4 dated September 29r 1965, an compromise of any claim provided such [F A Doc. 66-6770; Filed, June 21, 1966; Amendment 4, the following authority claim is in concurrence with the majority 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8658 NOTICES

CERTAIN LOAN SPECIALISTS AS- FSA No. 40550—Lumber and related in identification and protests if any SIGNED TO ALL FINANCIAL ASSIST­ articles to points in Kansas. v Filed by should refer to such letter-notices by Southwestern Freight Bureau, agent number. ANCE DIVISION PROGRAMS (No. B-8869) , for interested rail carriers. [Delegation of Authority 30, Philadelphia, Rates on lumber and related articles, in Motor Carriers of P roperty Pa., Region, Rev. 1, Amdt. 1] carloads, from points in southwestern No. MC 1187 (Deviation No. 5), Delegation of Authority To Conduct territory, also points in Kansas, Illinois, CUSHMAN MOTOR DELIVERY COM- Indiana, Mississippi, Tennessee, and Old PANY, INC., 1480 West Kinzie Street, Program Activities Rock, Mo.-Kans., to points in Kansas on Chicago, 111., 60622, filed June 10, 1966. Pursuant to the authority delegated to the GCW Ry. Carrier proposes to operate as a common the Regional Director by Delegation of Grounds for relief—Carrier competi­ carrier, by motor vehicle, of general Authority No. 30, Philadelphia, Pa., 30 tion. commodities, with certain exceptions, P.R. 3254, as amended: Delegation of Tariff—Supplement 19 to Southwest­ over a deviation route as follows: Be­ Authority No. 30, Revision I, 30 F.R. ern Freight Bureau, agent, tariff ICC tween Indianapolis, Ind., and junction 13889 is hereby amended to add the fol­ 4641. U.S. Highway 52 and Interstate Highway lowing authority to Item I.G.: FSA No. 40551—Peat from points in 74, southeast of Miamitown, Ohio, over G. To Loan Specialists GS-9 andColorado. Filed by Southwestern Interstate Highway 74, for operating Above Assigned to All Financial Assist­ Freight Bureau, agent (No. B-8866) , for convenience only. The notice indicates ance Division Programs in All Offices of interested rail carriers. Rates on peat, that the carrier is presently authorized This Region. Final authority to approve n.o.i.b.n., ground or unground, in car­ to transport the same commodities over the following actions concerning current loads, from Kobe, Leadville, and Malta, a pertinent service route as follows: direct or participation loans: Colo., to points in southwestern and from Chicago, 111., over U.S. Highway 41 1. Use of the cash surrender value of western trunkline territories. to junction U.S. Highway 52, thence over life insurance to pay the premium on the Grounds for relief—Market competi­ U.S. Highway 52 to Cincinnati, Ohio, policy. tion. and return over the same route. 2. Release of dividends of life insur­ Tariffs—Supplement 5 to Southwest­ No. MC 10343 (Deviation No. 11), ance or consent to application against ern Freight Bureau, agent, tariff ICC CHURCHILL TRUCK LINES, INC., U.S. premiums. 4682 and supplement 18 to Western Highway 36 West, Chillicothe, Mo., 64601, 3. Minor modifications in the author­ Trunk Line Committee, agent, tariff filed June 13, 1966. Carrier proposes to ization. ICC A-4603. operate as a common carrier, by motor 4. Extension of disbursement period." FSA No. 40552—Chlorine to New vehicle, of general commodities, with 5. Extension of initial principal pay-. Orleans, La. Filed, by O. W. South, Jr., certain exceptions, over a deviation route ments. agent (No. A4906), for interested rail as follows: From Kansas City, Mo., over 6. Adjustment of interest payment carriers. Rates on chlorine, in tank car­ Interstate Highway 70 to junction Inter­ dates. loads, from McIntosh, Ala., to New state Highway 270 (west of St. Louis, 7. Release of hazard insurance checks Orleans, La. Mo.), thence over Interstate Highway not in excess of $200 and endorse such Grounds for relief—Market competi­ 270 to junction Interstate Highway 55 checks on behalf of the agency where tion. (east of St. Louis, Mo.), thence over In­ SBA is named as joint loss payee. Tariff—Supplement 26 to Southern terstate Highway 55 to Chicago, 111., and Freight Association, agent, tariff ICC return over the same route, for operating Effective date: May 11, 1966. S-600. convenience only. The notice indicates W illiam T. G ennetti, that the carrier is presently authorized Regional Director, Philadelphia By the Commission. to transport the same commodities over Regional Office, Small Busi­ [seal] H. Neil G arson, pertinent service routes as follows: (1 ) ness Administration. Secretary. From Kansas City, Mo., over U.S. High­ way 69 to junction U.S. Highway 36, [P.R. Doc. 66-6771; Plied, June 21, 1966; [F.R. Doc. 66-6812, Filed, June 21, 1966; thence over U.S. Highway 36 to junction 8:46 a.m.] 8;49 am.] U.S. Highway 24, thence over U.S. High­ way 24 to Quincy, HI., (2) from Quincy, 111., over U.S. Highway 24 to junction [Notice 400] U.S. Highway 61, thence over U.S. High­ INTERSTATE COMMERCE way 61 to Burlington, Iowa, (3) from MOTOR CARRIER ALTERNATE ROUTE Quincy, HI., over Illinois Highway 61 to COMMISSION DEVIATION NOTICES junction Illinois Highway 94, thence over Illinois Highway 94 to junction Hli- FOURTH SECTION APPLICATIONS J une 17, 1966. nois Highway 9, thence over Hlinois FOR RELIEF The following letter-notices of pro­ Highway 9 to Dallas City, HI., thence posals to operate over deviation routes over unnumbered highway via Lomax J une 17, 1966. for operating convenience only have and Carman, 111., to Gulfport, HI., thence Protests to the granting of an appli­ been filed with the Interstate Commerce over U.S. Highway 34 to Burlington, cation must be prepared in accordance Commission, under the Commission’s Iowa, and (4) from Burlington* Iowa, with Rule 1.40 of the general rules of deviation rules revised, 1957 (49 CFR over U.S. Highway 34 to Chicago, 111-» practice (49 CFR 1.40) and filed within 2 1 1 :1 (0 (8)) and notice thereof to all and return over the same routes. 15 days from the date of publication of interested persons is hereby given No. MC 22278 (Deviation No. ID. this notice in the F ederal R egister. as provided in such rules (49 CFR TAKIN BROS. FREIGHT LINE, INC., Long- and-S hort H aul 211.1(d) (4)). 2125 Commercial Street, Waterloo, Iowa, Protests against the use of any pro­ 50704, filed June 10, 1966. Carrier pro­ FSA No. 40549—Sulphuric acid to posed deviation route herein described poses to operate as a common carrier, points in southern territory. Filed by may be filed with the Interstate Com­ by motor vehicle, of general commodtr O. W. South, Jr., agent (No. A4905), for merce Commission in the manner and ties, with certain exceptions, over a de­ interested rail carriers. Rates on sul­ form provided in such rules (49 CFR viation route as follows: From Fairfield, phuric acid, in tank carloads, from 2 1 1 .1 (e)) at any time, but will not oper­ Iowa, over U.S. Highway 34 to junction LeMoyne, Ala., Copperhill and Tyner, ate to stay commencement of the pror Ü.S. Highway 63, thence over U.S. High­ Tenn., to specified points in southern posed operations unless filed within 30 way 63 to Waterloo, Iowa, and return territory. days from the date of publication. over the same route, for operating con­ ; Grounds for relief—Rate relationship. Successively filed letter-notices of the venience only. The notice indicates Tariff—Supplement 151 to Southern same carrier under the Commission’s that the carrier is presently authorized Freight Association, agent, tariff ICC deviation rules revised, 1957, will be to transport the same commodities over S-162. numbered consecutively for convenience a pertinent service route as follows:

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8659

From Fairfield, Iowa, over U.S. Highway carrier, by motor vehicle, of general Osceola, Ark., 72370, filed June 6, 1966. 34 to junction U.S. Highway 218, thence commodities, with certain exceptions, Carrier’s representative: James N. Clay over U.S. Highway 218 to Waterloo, Iowa, over a deviation route as follows: Be­ III, 340 Sterick Building, Memphis* and return over the same route. tween the Delaware Memorial Bridge In­ Tenn. Carrier proposes to operate as a No. MC 29250 (Deviation No. 5), NEW terchange No. 1 and the George Wash­ common carrier, by motor vehicle, of ENGLAND TRANSPORTATION COM­ ington Bridge Interchange No. 18, over general commodities, with certain excep­ PANY, 402 Congress Street, Boston, the New Jersey Turnpike, utilizing all tions, over a deviation route as follows: Mass., filed June 13, 1966. Carrier’s necessary interchanges as follows: (1 ) From junction Interstate Highway 55 representative: George E. Gill, 54 Between Interchange No. 1 and Inter­ and unnumbered highway (formerly Meadow Street, New Haven, Conn., 06506. change No. 2, (2) between Interchange U.S. Highway 61) over Interstate High­ Carrier proposes to operate as a common No. 2 and Interchange No. 3, (3) between way 55 to junction combined U.S. High­ carrier, by motor vehicle of general com­ Interchange No. 3 and Interchange No. ways 61 and 63, and return over the same modities, with certain exceptions, over 4, (4) between Interchange No. 4 and route, for operating convenience only. deviation routes as follows: (1) From the Interchange No. 5, (5) between Inter­ The notice indicates that the carrier is northern terminus of Interstate High­ change No. 5 and Interchange No. 6, presently authorized to transport the way 91 at Springfield, Mass., over In­ (6) between Interchange No. 6 and In­ same commodities over a pertinent serv­ terstate Highway 91 to the southern ter­ terchange No. 7, (7) between Inter­ ice route as follows: From Memphis, minus at New Havert, Conn., and /(2) change No. 7 and Interchange No. 8, Tenn., over U.S. Highway 70 to West from the northern terminus of Inter­ (8) between Interchange No. 8 and In­ Memphis, Ark., thence over U.S. High­ state Highway 95 at Boston, Mass., over terchange No. 9, (9) between Interchange way 61 to junction unnumbered highway Interstate Highway 95 to junction U.S. No. 9 and Interchange No. 10, (10) be­ (formerly U.S. Highway 61), thence Highway 1, at Groton, Conn., and return tween Interchange No. 10 and Inter­ over unnumbered highway via Jerico and over the same routes, for operating con­ change No. 11, (11) between Interchange Clarkedale, to Turrell, Ark., thence over venience only. The notice indicates that No. 11 and Interchange No. 12, (12) unnumbered highway (formerly U.S. the carrier is presently authorized to between Interchange No. 12 and Inter­ Highway 63) to junction U.S. Highway transport the same commodities over change No. 13, (13) between Interchange 63, thence over U.S. Highway 63 to pertinent service routes as follows: (1 ) No. 13 and Interchange No. 14, (14) Marked Tree, Ark., and return over the From Boston, Mass., over Massachu­ between Interchange No. 14 and Inter­ same route. setts Highway 9 to Worcester, Mass., change No. 15, (15) between Interchange No. MC 108298 (Deviation No. 7), thence over Massachusetts Highway 12 to No. 15 and Interchange No. 16, (16) be­ ELLIS TRUCKING CO., INC., 1600 junction U.S. Highway 20, at Auburn, tween Interchange No. 16 and Inter­ Mass., thence over U.S. Highway 20 via Oliver Avenue, Indianapolis, Ind., 46207, change No. 17, and (17) between Inter­ filed June 6, 1966. Carrier proposes to Sturbridge and Palmer, Mass., to Spring- change No. 17 and Interchange No. 18, operate as a common carrier, by motor field, Mass., thence over U.S. Highway for operating convenience only. The vehicle, of general commodities, with 5 via Hartford, Conn., to New Haven, notice indicates that the carrier is pres­ certain exceptions, over a deviation route Conn., thence over U.S. Highway 1 via ently authorized to transport the same as follows: Between Marshall, Mich., Milford, Conn., and Port Chester, N.Y., commodities over pertinent service and Detroit, Mich., over Interstate High­ to New York, N.Y., (2) from Springfield, routes as follows: From Richmond, Va., way 94, for operating convenience only. Mass., over Alternate U.S. Highway 5 to over U.S. Highway 1 via Baltimore, Md., The notice indicates that the carrier is Hartford, Confi., (3) from Boston, Mass., to New York, N.Y. (also from Baltimore, presently authorized to transport the over U.S. Highway 1 via Dedham and Md., over U.S. Highway 40 to junction same commodities over a pertinent serv­ North Attleboro, Mass., to Providence U-S. Highway 13, thence over U.S. High­ ice route as follows: From Detroit, Mich., and Wickford, R.I., and Pawcatuck, way 13 to Philadelphia, Pa., thence over over U.S. Highway 12 (formerly U.S. Groton, Waterford, and Old Saybrook, UJS. Highway 1 to New York) (also from Highway 112) to Ypsilanti, Mich., thence Conn., to New Haven, Conn., (4) from Baltimore, Md., over U.S. Highway 40 over Michigan Highway 17 to Ann Arbor, junction U.S. Highway 1 and Alternate to junction U.S. Highway 130, thence Mich., thence over unnumbered highway U.S. Highway 1 , at Wickford, R.I., over over U.S. Highway 130 to junction U.S. (formerly U.S. Highway 12) to Battle Alternate U.S. Highway 1 to junction Highway 1, thence over U.S. Highway 1 Creek, Mich., and return over the same U.S. Highway 1 at Wakefield, R.I., (5) to New York, N.Y.), and return over the route. from junction U.S. Highway 1 and Rhode same routes. Island Highway 3 at Providence, R.I., No. MC 32838 (Deviation No. 1), M otor Carrier of P assengers over Rhode Island Highway 3 via West SCHERFF’S TRUCK LINE. INC., 305 No. MC 113430 (Sub-No. 1) (Deviation Warwick, Coventry, and Hopkinton, R.I., East Main Street, California, Mo. 65018, No. 1), PROVIDENCE ARROW LINE, to junction U.S. Highway 1 at Westerly, filed June 6, 1966. Carrier proposes to INC., 625 Eighth Avenue, New York, R-I., (6) from junction Rhode Island operate as a common carrier, by motor N.Y., 14301, filed June 13, 1966. Car­ Highways 2 and 3, at West Warwick, R.I., vehicle, of general commodities, with cer­ rier's representative: John R. Sims, Jr., over Rhode Island Highway 2 to junc- tain exceptions, over a deviation route as 1750 Pennsylvania Avenue NW., Wash­ H.S. Highway 1 at Charlestown, RX, follows: From National City, HI., over ington, D.C., 20006. Carrier proposes to (7) from junction U.S. Highway 1 and Interstate Highway 70 to Kansas City, operate as a common carrier, by motor Connecticut Highway 2 , at Pawcatuck, Kans., and return over the same route, vehicle, of passengers and their baggage, Conn., over Connecticut Highway 2 to for operating convenience only. The and express and newspapers, in the same junction Connecticut Highway 95 (for- notice indicates that that carrier is pres­ vehicle with passengers, over deviation inerly Connecticut Highway 84), and (8) ently authorized to transport the same ;ro“ Junction Rhode Island Highway 3 routes as follows: (1) From junction commodities, over pertinent' service U.S. Highway 6 and Interstate Highway mT j ode Island Highway 95 (formerly routes as follows: (1) From Rosebud, 84 at or near Southbury, Conn., over «node Island Highway 84), at Hopkin- Mo., over Missouri Highway 28 to junc­ jon R j.t over Rhode xsiand Highway Interstate Highway 84 to Waterbury, tion U.S. Highway 63, thence over U.S. Conn., (2) from Waterbury, Conn., over J? ,t0 the Rhode Island-Connecticut Highway 63 to junction U.S. Highway Interstate Highway 84 to New Britain, orate line, thence over Connecticut High- 50, thence over U.S. Highway 50 to Kan­ way 95 (formerly Connecticut Highway Conn., (3) from New Britain, Conn., sas City, Kans., and (2) from Jefferson over Interstate Highway 84 to Hartford, > to Groton, Conn., and return over City, Mo., over U.S. Highway 50 via Rose­ me same routes. Conn., and (4) from Hartford, Conn., bud, Mo., to junction U.S. Highway 66 at over Interstate Highway 84 to junction 30204 (Deviation No. 12), or near Gray Summit, Mo., thence over U.S. Highways 6 and 44, and return HEMINGWAY TRANSPORT, INC., 438 U.S. Highway 66 to East St. Louis, HI., over the same routes, for operating Street, New Bedford, Mass., and thence over city streets to National convenience only. The notice indicates fifed June 9, 1966. Carrier’s City, HI., and return over the same that the carrier is presently authorized c -B- Jackson, 1301 North routes. to transport passengers and the same Bouievard, Richmond, Va., 23230. Car- No. MC 105120 (Deviation No. 1), property over a pertinent service route Proposes to operate as a common M.A.T. LINES, INC., Crompton Road, as follows: from junction combined U.S/

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8660 NOTICES

Highways 6 and 202 and Interstate No. MC 107286 (Sub-No. 18) (Repub­ present and future public convenience Highway 84 over combined U.S. High­ lication) , filed January 5,1966, published and necessity require operation by ap­ ways 6 and 202 to junction Alternate F ederal R egister issues of January 27, plicant, in interstate or foreign com­ U.S. Highway 6, thence over Alternate 1966, and February 25,1966, respectively, merce as a common carrier by motor U.S. Highway 6 to Waterbury, Conn., and republished this issue. Applicant; vehicle, over irregular routes of adhesive thence over Alternate U.S. Highway 6 to M. PASCALE TRUCKING, INC., 8-10 products, in bulk, from the plantsite of junction Connecticut Highway . 10 at Rice Street, South Attleboro, Mass., Findley Adhesives, Inc., at Louisville, Ky., Milldale, Conn., thence over Connecticut 02774. Applicant’s representative: Rus­ to points in Arkansas, Illinois, Indiana, Highway 10 to junction Connecticut sell B. Cumett, 36 Circuit Drive, Edge- Kentucky, Mississippi, Ohio, Tennessee, Highway 72, thence over Connecticut Wood Station, Providence, R.I., 02905. Virginia, and West Virginia (except dry Highway 72 to New Britain, Conn., By application filed January 5,1966, and adhesive products, to points in the St. thence over Connecticut Highway 175 to amended February 2, 1966, applicant Louis, Mo.-East St. Louis, 111., commer­ Newington, Conn., thence over Connec­ seeks a certificate of public convenience cial zone); that applicant is fit, willing, ticut Highway 176 to Hartford, Conn., and necessity authorizing operation, in and able properly to perform such serv­ thence over U.S. Highway 44 to junction interstate or foreign commerce, as a ice and to conform to the requirements of Interstate Highway 84, and return over common carrier by motor vehicle, over the Interstate Commerce Act and the the same route. irregular routes, of brick and tile, in ve­ Commission’s rules and regulations hicles equipped with mechanical loading thereunder. Because it is possible that By the Commission. and unloading devices, between Attle­ other parties, who have relied upon the [seal] H. N eil Garson, boro, Mass., and points in Massachusetts notice of the application as published, Secretary. and Rhode Island. An order of the may have an interest in and would be [F.R. Doc. 66-6813; Filed, June 21, 1966; Commission, Operating Rights Board prejudiced by the lack of proper notice 8:49 a.m.] No. 1, dated May 26, 1966, and served of the authority described in the findings June 8, 1966, finds that the present and in this order, a notice of the authority future public convenience and necessity actually granted will be published in the [Notice 936] require operation by applicant, in inter­ F ederal R egister and issuance of a cer­ state or foreign commerce, as a common tificate in this proceeding will be with­ MOTOR CARRIER APPLICATIONS AND carrier by motor vehicle, over irregular held for a period of 30 days from the CERTAIN OTHER PROCEEDINGS routes, of brick and tile, between Attle­ date of such publication, during which J une 17, 1966. boro, Mass., on the one hand, and, on period any proper party in interest may The following publications are gov­ the other, points in Massachusetts and file an appropriate protest or other erned by Special Rule 1.247 of the Com­ Rhode Island, except Providence, R.I., pleading. mission’s rules of practice, published in and points within 12 miles thereof, that No. MC 126628 (Republication), filed applicant is fit, willing, and able prop­ Federal Reg­ the F ederal R egister issue of April 20, October 5, 1964, published 1966, which became effective May 20, erly to perform such service and to con­ ister issue of October 21, 1964, and re­ 1966. form to the requirements of the Inter­ published, this issue. Applicant: CON­ The publications hereinafter set forth state Commerce Act and the Commis­ NOLLY TRANSPORTS LIMITED, Rural reflect the scope of the applications as sion’s rules and regulations thereunder. Route No. 5, London, Ontario, Canada. filed by applicant, and may include de­ Because it is possible that other parties, Applicant’s representative: S. Harrison scriptions, restrictions, or limitations who have relied upon the notice of the Kahn, Suite 733, Investment Building, which are not in a form acceptable to application as published, may have an Washington, D.C. By application filed the Commission. Authority which ulti­ interest in and would be prejudiced by October 5, 1964, as amended, applicant mately may be granted as a result of the the lack of proper notice of the authority seeks a permit authorizing operation, in applications here noticed will not neces­ described in the findings in this order, interstate or foreign commerce, as a con­ sarily reflect the phraseology set forth a notice of the authority actually granted tract carrier by motor vehicle, over ir­ in the application as filed, but also will will be published in the F ederal R egis­ regular routes, of face and decorative eliminate any restrictions which are ter and issuance of a certificate in this brick and ceramic tile, except refractory not acceptable to the Commission. proceeding will be withheld for a period brick and refractory tile from points and of 30 days from the date of such publi­ places in Ohio, except those points and Applications Assigned for Oral H earing cation, during which period any proper places within the commercial zone of MOTOR CARRIERS OF PROPERTY party in interest may file an appropriate Portsmouth and Ironton, including protest or other pleading. Portsmouth and Ironton, and those No. MC 111401 (Sub-No, 184) (Amend­ No. MC 112617 (Sub-No. 205) (Repub­ points in Michigan bounded by Michi­ ment) , filed December 1,1965, published lication) , filed September 27, 1965, pub­ gan Highway Np. 59 on the north, in F ederal R egister, issue of December lished F ederal R egister issue of Octo- U.S. Highway No. 23 on the west, 23, 1965, amended January 17, 1966, be 14, 1965, and republished, this issue. and Interstate Highway No. 94 on the further amended June 9, 1966, and re­ Applicant: LIQUID TRANSPORTERS, south, including points and places published as amended, this issue. Ap­ INC., Post Office Box 5135, Cherokee Sta­ on this indicated highway, to points plicant; GROENDYKE TRANSPORT, tion, Louisville, Ky. Applicant’s repre­ of entry on the international boundary INC., 2510 Rock Island Boulevard, Post sentative: Leonard A. Jaskiewicz, 600 line between the United States and Office Box 632, Enid, Okla., 73701. Ap­ Madison Building, 1155 15th Street NW„ Canada located on the St. Clair and plicant’s representative: Alvin J. Meikle- Washington, D.C. By application filed Detroit Rivers and at the Niagara john, Jr., 526 Denham Building, Denver, September 27, 1965, applicant seeks a frontier; restricted to the transportation Colo. Authority sought to operate as a certificate of public convenience and ne­ of shipments from points in the United common carrier, by motor vehicle, over cessity authorizing operation, in inter­ States to points in Canada. The appli­ irregular routes, transporting; Acids, state or foreign commerce, as a common cation was referred to Examiner James chemicals, petroleum, and petroleum carrier by motor vehicle, over irregular O’D. Moran for hearing and the rec­ products, in bulk, from Beaumont, routes, of starch and blends, mixtures, ommendation of an appropriate order Orange, and Port Neches, Tex., and and products thereof, in bulk, from thereon. Hearing was held on January points within 10 miles thereof, to points Louisville, Ky., to the destinations and 24, 1966, at Detroit, Mich. A report and in the United States (except Alaska and subject to the restriction indicated be­ order of the Commission, served May 6, Hawaii). N ote: The purpose of this re­ low, and except coloring syrup from 1966, which became effective June 6,1966, publication is to more clearly set forth Louisville to Chicago, 111., Indianapolis, finds the proposed operations to be those the proposed operation. Ind., New Orleans, La., Atlanta, Ga., and of a common carrier by motor vehicle and HEARING: Remains as assigned, July Chattanooga and Humboldt, Tenn. An that the present and future public con­ 5, 1966, at the Federal Building and U.S. venience and necessity require operation Courthouse, 515 Rusk Avenue, Houston, order of the Commission, Operating Tex., before Examiner Charles B. Heine- Rights Board No. 1, dated May 31, 1966, by applicant, in foreign commerce, as a mann. and served June 15, 1966, finds that the common carrier by motor vehicle, over

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8661 irregular routes, of face and decorative Post Office Box 1145, Houston 1, Tex., of Special Rules of Procedure for Hearing brick (except refractory brick), from the operating rights of ROY FRANK (1) All of the testimony to be adduced Dearborn, Mich., to ports of entry on DANCE, doing business as DANCE’S by applicant’s company witnesses shall or adjacent to the international bound­ TRUCK LINE, Arcadia, La., and for ac­ be in the form of written statements ary line between the United States and quisition by J. L. LINKENHOGER, also which shall be submitted at the hearing Canada located on or near the St. Clair of Houston 1, Tex., of control of such at the time and place indicated. and Detroit Rivers, restricted to traffic rights through the purchase. Appli­ (2) All of the written statements by destined to points in the Province of On­ cants’ attorney: William P. Sullivan, applicant’s company witnesses shall be tario, Canada, that applicant is fit, 1825 Jefferson Place NW„ Washington, offered in evidence at the hearing in the willing, and able properly to perform D.C., 20036. Operating rights sought to same manner as any other type of evi­ such service and to conform to the re­ be transferred: Rough and dressed lum­ dence. The witnesses submitting the quirements of the Interstate Commerce ber, as a contract carrier, over irregular written statements shall be made availa­ Act and the Commission’s rules and reg-. routes, from certain specified points in ble at the hearing for cross-examination, illations thereunder. The examiner fur­ Texas, Arkansas, and Mississippi, to Ar­ if such becomes necessary. ther finds that an appropriate certificate cadia, La., with restriction; finished (3) The written statements by appli­ should be issued after the lapse of 30 days lumber, from Ada and Heflin, La., to cer­ cant’s company witnesses, if received in from the date of republication in the tain specified points in Texas, Arkansas, evidence, will be accepted as exhibits. Federal R egister, provided no protests and Mississippi, with restriction; from To the extent the written statements or petitions for further proceedings are Danville and Hunt, La., to certain speci­ refer to attached documents such as received during such period; and further fied points in Texas, Arkansas, Shelby copies of operating authority, etc., they subject to the condition that there be re­ County, Tenn., and certain specified should be referred to in written state­ ceived from applicant a sworn statement points in Mississippi, with restriction; ment as numbered appendices thereto. showing that it has obtained complemen­ rough or dressed lumber, from Ada and (4) The admissibility of the evidence tary authority from the Canadian au­ Heflin, La., to certain specified points in contained in the written statements and thorities, subject, however, to the right Texas, with restriction; from Danville the appendices thereto, will be at the of the Commission, to give further con­ and Hunt, La., to certain specified points time of offer, subject to the same rules sideration Cl) to the designation of spe­ in Texas, with restriction; and wooden as if the evidence were produced in the cific ports of entry if such action is re­ farm implement parts, from Arcadia, La., usual manner. quired, or (2 ) to the entry of an order to Memphis, Tenn., with restriction. (5) Supplemental testimony by a wit­ denying the application, in the event that Vendee is authorized to operate as a com­ ness to correct errors or to supply inad­ complementary authority is not .issued mon carrier in Texas, Arkansas, Louisi­ vertent omissions in his written state­ within a reasonable time. ana, Oklahoma, and New Mexico; and as ment is permissible. Application for Certificate or Permit a contract carrier in Arkansas, Kansas, No. MC 118196 (Sub-No. 66), filed Which are to be Processed Concur­ Oklahoma, New Mexico, Texas, Louisi­ March 28, 1966. Applicant: RAYE & rently With Application Under Sec­ ana, Missouri, Iowa, and Nebraska. Ap­ COMPANY TRANSPORTS, INC., U.S. tion 5 Governed by Special Rule 1.240 plication has been filed for temporary Highway 71 North, Post Office Box 613, to the Extent Applicable authority under section 210a (b). Carthage, Mo., 64836. Authority sought By the Commission. to operate as a common carrier, by motor No. MC 30464 (Sub-No. 1) filed June vehicle, over irregular routes, transport­ 9, 1966. Applicant; RAPID TRANSIT [seal] H. Neil Garson, ing: Frozen foods, from Kansas City, CO., INC., Route 12, Plainfield, Conn. Secretary. Kans., to points in Colorado, Utah, and Applicant’s representative: Thomas W. [F.R. Doc. 66-6814; Filed, June 21, 1966; Wyoming. Murrett, 410 Asylum Street, Hartford, 8:49 a.m.] HEARING: July 18, 1966, at the Pick­ Conn., 06103. Authority sought to op­ wick Motor Inn, McGee and 10th, Kansas erate as a common carrier, by motor ve­ City, Mo., before Examiner Henry A. hicle, over irregular routes, transporting: [Notice 938] Cockrum. General commodities (except those of unusual value, classes A and B explosives, MOTOR CARRIER APPLICATIONS AND No. MC 123639 (Sub-No. 89), filed May household goods as defined by the Com­ CERTAIN OTHER PROCEEDINGS 18, 1966. Applicant: J. B. MONTGOM­ mission, commodities in bulk, commodi­ ERY, INC., 5150 Brighton Boulevard, ties requiring special equipment, and June 17,1966. Denver, Colo. Applicant’s representa­ those injurious or contaminating to The following publications are gov­ tive: Charles W. Singer, 33 North La other lading), between points in Con­ erned by Special Rule 1.247 of the Com­ Salle Street, Chicago, 111., 60602. Au­ necticut. Note: Applicant states the mission’s rules of practice, published in thority sought to operate as a common tacking points will be Hartford and New the Federal Register issue of April 20, carrier, by motor vehicle, over irregular Haven, Conn., and service will be per­ 1966, which became effective May 20, routes, transporting: Frozen foods, from formed through these points to all points 1966. Kansas City, Kans., to points in Colorado, m the western one-half of the State of The publications hereinafter set forth Utah, and Wyoming. Connecticut. This application is directly reflect the scope of the applications as HEARING: July 18, 1966, at the Pick­ related to Docket MC-F-9449, published filed by applicant, and may include de­ wick Motor Inn, McGee and 10th, Kansas m the Federal R egister issue of June 15, scriptions, restrictions, or limitations City, Mo., before Examiner Henry A. 1966. If a hearing is deemed necessary, which are not in a form acceptable to the Cockrum. applicant requests it be held at Hartford Commission. Authority which ultimate­ By the Commission. or New Haven, Conn. ly may be granted as a result of the ap­ plications here noticed will not neces­ [seal] H. Neil G arson, Applications Under Sections 5 and sarily reflect the phraseology set forth in Secretary. 210a(b) the application as filed, but also will elim­ [F.R. Doc. 66-6815; Filed, June 21, 1966; The following applications are gov­ inate any restrictions which are not 8:50 a.m.] erned by the Interstate Commerce Com- acceptable to the Commission. uussion’s special rules governing notice of Applications Assigned for Oral Hearing uhng of applications by motor carriers NOTICE OF FILING OF MOTOR CAR­ oi property or passengers under sections MOTOR CARRIERS OF PROPERTY RIER INTRASTATE APPLICATIONS (a) and 210a(b) of the Interstate Com- The applications immediately follow­ J u n e 17,1966. merce Act and certain other proceedings ing are assigned for hearing at the time The following applications for motor with respect thereto. (49 CFR 1.240.) and place designated in the notice of common carrier authority to operate in MOTOR CARRIERS OF PROPERTY filing as here published in each proceed­ intrastate commerce seek concurrent ing. All of the proceedings are subject motor carrier authorization in interstate MC-P~9452- Authority sought for to the Special Rules of Procedure for or foreign commerce within the limits of Purchase by WESTERN LINES, INC., Hearing outlined below: the intrastate authority sought, pursuant

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8662 NOTICES to section 206(a)(6) of the Interstate Mattawan, and Keeler; (c) off-route Route No. 2: Between Pleasanton and Commerce Act, as amended October 15, points in Cass Count y—Glenwood, Ravenna, Nebr., via Nebr.-10 to its junc­ 1962. These applications are governed Nicholsville, Wakelee, Volinia, Penn, tion with Nebr.-2, thence Nebr.-2 to by Special Rule 1.245 of the Commission’s Dailey, Brownsville, Williamsville, and Ravenna, serving the off-route point of rules of practice, published in the F ed­ Calvin Center; (d) off-route points in Poole. Interstate commerce operation eral R egister, issue of April 11, 1963, St. Joseph County—Flowerfield, Cham­ arises out of interline arrangements at page 3533, which provides, among other berlain, Parkville, and Florence. Grand Island, Nebr. things, that protests and requests for in­ HEARING: July 18, 19, 20, 21, 22, 1966, HEARING: To be determined after formation concerning the time and place 10 a.m., Offices of the Commission, publication in the F ederal R egister. of State Commission hearings or other Lewis Cass Building, South Walnut Hearing had been set, but continued proceedings, any subsequent changes Street, Lansing, Mich. Requests for after applicant advised of this action. therein, and any other related matters procedural information, including the Requests for procedural information, shall be directed to the State Commission time for filing protests, concerning this including the time for filing protests, with which the application is filed and application should be addressed to the concerning this application should be shall not be addressed to or filed with the Michigan Public Service Commission, addressed to the Nebraska State Rail­ Interstate Commerce Commission. Lewis Cass Building, Lansing, Mich., road Commission, Motor Transportation State Docket No. C-160, Case No. 3, 48913, and should not be directed to the Department, State Capitol Building, filed April 29,1966. Applicant: ALVAN Interstate Commerce Commission. Lincoln 9, Nebr., and should not be di­ MOTOR FREIGHT, INC., 1015 West State Docket No. L-3404, Case No. 3, rected to the Interstate Commerce Com­ Paterson Street, Kalamazoo, Mich. filed May 13, 1966. Applicant: BOUMA mission. Applicant’s representative: Walter N. CARTAGE COMPANY, 146 Pleasant State Docket No. M—11683, filed May Bieneman, Suite 1700, 1 Woodward Ave­ Street, SW., Grand Rapids, Mich. Ap­ 18, 1966. Applicant:* WAVERLY nue, Detroit, Mich., 48226. Certificate plicant’s representative: William B. TRANSFER, INC., Waverly, Nebr. Ap­ of public convenience and necessity Elmer, 22644 Gratiot Avenue, East plicant’s representative: Donald E. Leon­ sought to operate a freight service as Detroit, Mich. Certificate of public con­ ard Box 2028, 605 South 14th, Lincoln, follows: Transporting general commodi­ venience and necessity sought to operate Nebr. Certificate of public convenience ties, as follows: (1) Between Kalamazoo a freight service as follows: Transport­ and necessity sought to operate a freight and New Buffalo via Red Arrow Highway ing household goods, store fixtures, and service as follows: Transporting com­ (formerly designated U.S. 12) to junction office furniture, between all points in the modities generally, except those requir­ with Business Route 1-94 near Benton State of Michigan. ing special equipment, between points Harbor, thence via Business Route 1-94 HEARING: July 15, 1966, 9:30 a.m., within a 50-mile radius of Waverly, to junction with Red Arrow Highway Offices of the Commission, Michigan Nebr.; and between points within said south of St. Joseph and thence via Red Public Service Commission, Lewis Cass radial area, on the one hand, and, on the Arrow Highway to New Buffalo; (2) be­ Building, South Walnut Street, Lansing, other, all points in Nebraska, over irregu­ tween Kalamazoo and Sturgis via U.S. Mich. Requests for procedural infor­ lar routes. 131 and Business Route U.S. 131 to junc­ mation, including the time for filing HEARING: To be assigned after pub­ tion U.S. 12 near White Pigeon (formerly protests, concerning this application lication in F ederal R egister. Requests designated U.S. 112) and thence via U.S. should be addressed to the Michigan ■for procedural information, including 12 to Sturgis. (This described route Public Service Commission, Lewis Cass the time for filing protests, concerning presently authorized as alternate route Building, Lansing, Mich., 48913, and this application should be addressed to only with no intermediate points.) (3) should not be directed to the Interstate the Nebraska State Railway Commis­ Between junction U.S. 12 and U.S. 131 Commerce Commission. sion, Motor Transportation Department, near White Pigeon and Michiana via State Docket No. 9838, filed May 31, State Capitol Building, Lincoln 9, Nebr. U.S. 12 and Business Route U.S. 12; (4) 1966. Applicant: KAVANAUGH MO­ By the Commission. between Mendon and Niles via M-80; TOR FREIGHT, West California Ave­ (5) between junction M-40 with M-43 nue, Ruston, La. Certificate of public [seal] H. N eil Garson, (near Paw Paw) and Niles via M-40; convenience and necessity sought to Secretary. (6) between Paw Paw and junction M- operate a freight service as follows: [F.R. Doc. 66-6817; Filed, June 21, 1966; 119 with U.S. 12 via M-119; (7) between Transporting general commodities, along 8:50 a.m.] Marcellus and junction M-216 with Louisiana Highway No. 15, between U.S. 131 via M-216; (8) between South Monroe, La., and Winnsboro, La., serv­ Haven and Niles via M-140; (9) between ing no intermediate points. Along [Notice 1369] junction M-140 with M-62 and Edwards- Louisiana Highway No. 3 to intersection burg via M-62; (10) between South with Louisiana Highway No. 157, be­ MOTOR CARRIER TRANSFER Haven and junction U.S. 31 with U.S. tween Shreveport, La., and Springhill, PROCEEDINGS 33 via Blue Star Highway to junction La., serving no intermediate points. U.S. 33 (near Benton Harbor) and thence HEARING: Not set. Requests for J une 17,1966. via U.S. 33 to junction U.S. 31; (11) be­ procedural information, including the Synopses of orders entered pursuant to tween South Haven and Bertrand near time for filing protests, concerning this section 212(b) of the Interstate Com­ Niles via U.S. 31; (12) between Kalama­ application should be addressed to the merce Act, and rules and regulations zoo and junction 1-94 with U.S. 12 via Louisiana Public Service Commission, prescribed thereunder (49 CFR Part 1-94; (13) between Three Rivers and Baton Rouge, La., and should not be 179), appear below: Centreville via M-86; (14) between Con­ directed to the Interstate Commerce As provided in the Commission’s spe­ stantine and Centreville via St. Joseph Commission. cial rules of practice any interested per­ County Road 124; (15) between Centre­ State Docket No. M-11679, filed April son may file a petition seeking recon­ ville and junction St. Joseph County 26, 1966. Applicant: EUGENE E. WA- sideration of the following numbered Road 133 with U.S. 12 via St. Joseph SKOWIAK, doing business as GENE’S proceedings within 20 days from the County Road 133; (16) Authority is TRANSFER, Ravenna, Nebr., 68869. date of publication of this notice. Pur­ sought to serve all intermediate points Applicant’s representative: Moller R. suant to section 17(8) of the Interstate and the following described off-route Johnson, 110 West Genoa Street, Ra­ Commerce Act, the filing of such a peti­ points: (a) Off-route points in Berrien venna, Nebr., 68869. Certificate of pub­ tion will postpone the effective date of County—Bainbridge Center, Naomi, Eau lic convenience and necessity sought to the order in that proceeding pending its Claire, Millburg, Spinks Comer, Pearl operate a freight service as follows: disposition. The matters relied upon by Grange, Hinchman, Derby, Riverside, Transporting commodities generally, ex­ petitioners must be specified in their pe­ Sodus, Vineland, Sawyer, Jericho, cept those requiring special equipment. titions with particularity. Baroda, Snow, Glendora, New Troy, Route or territory authorized: Route No. MC-FC-67974. By order of June Buchanan, and Dayton, (b) off-route No. 1: Between Ravenna and Grand 16, 1966, the Transfer Board approved points in Van Buren County—Sister Island, Nebr., via Nebr.-2, serving the the transfer to Marc Blackburn, doing Lakes, Almena, McDonald, Toquin, intermediate point of Cairo, Nebr. business as Blackburn Trucking Service,

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 NOTICES 8663 Bowling Green, Ky., of the certificate in Tractor Service, Inc., an Illinois corpora­ York, N.Y., points in Nassau County, No. MC-117208, issued October 24, 1958, tion, Grayville, HI., authorizing the N.Y.*, points in Union, Essex, and Hudson to James Aubrey Breedlove, doing busi­ transportation, over irregular routes, of Counties, N.J., points in Bergen County, ness as Breedlove Trucking Service, oil field machinery and certain related N.J., on and south of Bergen County Bowling Green, Ky., authorizing the items between points in Illinois, Indiana, Highway 502, and points in Passaic transportation of building brick, from Kentucky, Missouri, Iowa, and Kansas. County, N.J., west of Pompton Lake and Nashville, Tenn., to Bowling Green, Ky., Mack Stephenson, 42 Fox Mill Lane, the Ramapo and Pompton Rivers, on the serving intermediate points on U.S. Springfield, HI., 62707, attorney for one hand, and, on the other, Camp Highway 31W. Robert M. Pearce, Cen­ applicants. v Kennebrook, Camp Ta-Go-La, and Camp tral Building, 1033 State Street, Bowling No. MC-FC-68825. By order of June Roosevelt in or near Monticello, N.Y., Green, Ky., attorney for applicants. 15, 1966, the Transfer Board approved Camp Sequoia in or near Rock Hill, N.Y., No. MC-FC-68491. By order of June the transfer to Cecil Stanton, doing busi­ Camp Delmont in or near Livingston 15, 1966, the Transfer Board approved ness as Millard & Gray Transfer, Des Manor, N.Y., and Camp Lake-Vu in or the transfer to Eggleston Transportation, Moines, Iowa, of the operating rights of near New Brunswick, N.J. William D. Inc., Corinth, N.Y., of the operating Mrs. Dora Millard, doing business as Traub, 10 East 40th Street, New York, rights in certificates Nos. MC-270 and Millard & Gray Transfer, Des Moines, N.Y., 10016, representative for applicants. MC-270 (Sub-No. 1), and certificate of Iowa, in certificate No. MC-61515, issued No. MC-FC-68831. By order of June registration No. MC-270 (Sub-No. 3), October 3, 1940, authorizing the transfer 15, 1966, the Transfer Board approved issued to Lester Eggleston, doing busi­ of household goods, over irregular routes, the transfer to Ben H. Schuster and ness as Eggleston Transportation, Cor­ between points in Iowa, on the one hand, Adolph Konrath, doing business as inth, N.Y., covering the transportation of and, on the other, points in Nebraska, Schuster & Konrath, Menomonee Falls, general commodities, between points in Minnesota, Hlinois, and Kansas. Robert Wis., of the operating rights in permit New York. Loren N. Brown, 215 Main E. Dreher, 212 Equitable Building, Des No. MC-17702, issued July 24, 1952, to Street, Corinth, N.Y., attorney for Moines, Iowa, 50309, attorney for ap­ Howard C. Reingruber, doing business as applicants. plicants. Howard’s Cartage, Germantown, Wis., No. MC-FC-68730. By order of June No. MC-FC-68828. By order of June authorizing the transportation of: Proc­ 15, 1966, the Transfer Board approved 16, 1966, the Transfer Board approved essed milk, orange juice, and dairy ma­ the transfer to Vola Moving & Trucking the transfer to Harold Johansen, Mil­ chinery and parts, between Germantown, Co., a corporation, Atlantic City, N.J., ford, Conn., of that portion of the operat­ Wis., and Chicago, HI. William C. of certificate in No. MC-15102, issued ing rights of Stratford Bus Line, Inc., Dineen, 710 North Plankinton Avenue, April 8, 1943, to Eldredge Storage, a Stratford, Conn., in certificate No. MC- Milwaukee, Wis., 53203, attorney for corporation, Atlantic City, N.J., author­ 23558, issued August 13,1956, authorizing applicants. izing the transportation of: Household the transportation, over regular routes, No. MC-FC-68838. By order of June goods as defined by the Commission in of passengers and their baggage, and 15, 1966, the Transfer Board approved 17 M.C.C. 467, over irregular routes, be­ newspapers, express, and mail in the the transfer to Joseph F. Perrotti, doing tween Atlantic City, N.J., and points and same vehicle with passengers, between places withiij. 15 miles of Atlantic City business as Exchange Transportation Bridgeport, Conn., and Rye Beach, N.Y. Co., 200 Exchange Street, Malden, Mass., on the one hand, and, on the other, Thomas W. Murrett, 410 Asylum Street, points and places in Delaware, Maryland, Hartford, Conn., 06103, and Ronald M. of certificate of registration No. MC- New York, Pennsylvania, and the District Stark, 75 Broad Street, Milford, 'Conn., 121165 (Sub-No. 1), issued January 28, of Columbia. Morris J. Winokur, 1920 06460, attorneys for applicants. 1964, to David A. Perrotti, doing business Two Penn Center Plaza, Philadelphia, No. MC—FC-68830. By order of June as Exchange Transportation Co., Malden, Pa., 19102, attorney for applicants. 15,1966, the Transfer Board approved the Mass., corresponding to the grant of No. MC-FC-68776. By order of June transfer to Margolies Van Co., Inc., New intrastate authority to transferor in 15, 1966, the Transfer Board approved York, N.Y., of the operating rights in Common Carrier Certificate No. 6108, the transfer to Lloyd Schoenheit Truck certificate No. MC-46384 (Sub-No. 1), dated December 5, 1961, issued by the « Tractor Service, Inc., a Delaware cor­ issued September 10, 1959, to Frances Department of Public Utilities of the poration, Grayville, HI., of the operating Margolies, doing business as Margolies Commonwealth of Massachusetts. rights in certificates Nos. MC-112837 and Van Co., New York, N.Y., authorizing the [seal] H. Neil Garson, MC-112837 (Sub-No. 2 ), issued August transportation of: Baggage, in seasonal Secretary. 4. 1955, and November 29, 1960, respec­ operations between June 1 and Septem­ [F.R. Doc. 66-6818; Filed, June 21, 1966; tively, to Lloyd Schoenheit Truck & ber 30, Inclusive of each, between New 8:50 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 No. 120—Pt. I- -7 8664 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED—-JUNE

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 June.

3 CFR paee 7 CFR—Continued Page 8 CFR Pa2Q P roposed R ules—Continued P roclamation: 212------8045 3728 ______-____ — 8277 1004______7911 1005 ______7911 214------8045 3729 ______-_____ 8567 236—______— 8045 3730 ______l------8569 1008______7911 3731______—— 8571 1009— ___ 7911 9 CFR Executive Orders: 1011 ______7911 11224 (superseded by EO 1012 ______7911 97------8020 11285)______A*' 8211 1013______7829, 7911, 8131 11285 ______.Jfc- 8211 1015 ______7911, 8242 1 0 CFR 11286 ______8279 1016 ___— ______7911 36------7959,8417 Chapter V : 1031______7831 40------7959 100.______8556 1032— ___ — ______7831,8634 P roposed R ules: 1033 _ 7911 5 CFR 1034 ______7911 30______8595 213______7733, 1035 ______7911 32______8595 7734, 7959, 8175, 8281, 8527, 8619 1036-______— — 7911 1 2 CFR 302______8527 1038______7831, 7971 550______7881, 8585 1039—______7831, 7972 1______8060, 8521 890______8491 1040 ______7911 204______8060 1041 ______7911, 8496 545____ 8353 7 CFR 1043— ______7911 561______8353 0—______8528 1044 ______7831 563______v _____ fc.___ 8004 15______8175, 8586 1045 ______7831 571—______8004 26____ 8113 1046 ______7911 28______7734 1047 ______— 7911 1 4 CFR 51______8535 1048 ______7911 301______8586 1049 ______7911 13 ______’______— 8353 319______8337 1050 ______8634 39____ 7735, 7881, 7882, 8045, 8046, 8417 354______i______8113 1051 ___ 7831 61______—______— 8354 401__ 8175 1061 ______— 7831 67______'______8355 701______7735, 7814 1062 ____:______7831 71______7736, 722______8337, 8619 1063 __ - 7831 7827, 8046, 8047, 8117, 8178, 8179, 728______- ______7814, 8337 1064 ______7831 8357, 8358, 8492, 8575, 8620, 8621 730______— - 8619 1065 ______— 7757 73-______7736, 7827, 7882 775______8339 1066______— _____ 7757 75______7736, 7827, 8047, 8418 778______7997 1067______— — — 7831 91______...______8354 811____ — 7999 1068 ______7757 95______—____ 8281 817______- ___ 8536 1069 _ 7757 97______7883, 845__ 7815 1070 ______7831 7893, 8010, 8048, 8118, 8217, 8285, 893______— 7816 1071 ______7831 8359, 8576. 905______8114 1073 ______—____ _ 7831 145______8585 908______7961, 8230, 8538 1074 ______7831 1200______8418 910 _ 7962, 8045, 8231, 8303, 8538, 8591 1075 _i______7757 1204-_____ ¿ ______8418 911______.7962,8231, 8539 1076 ______7757 P roposed R ules: 915 ______8592 1078 ______7831 21 8075 916 ______8176, 8177 1079 ___ 7831 39______- 8498 917 ______— ______7963, 1090______7911 47 _ 8077 8114, 8177, 8231, 8232, 8303-8306, 1094— _____ 7831 61— —————— 8438 8404,8491. 1096 ______7831 71 ___ I ______7760-7762, 918 _ 7735 1097 ______7831 7836, 7975-7977, 8025, 8077, 8078, 944___ 8000 1098 ______7911 8182, 8183, 8242, 8372-8375, 8498, 970____ 8178 1099 ______7758, 7831 8596, 8597, 8636, 8637. 1038______8115 1101 ______7911 73 __ _ 7977,8375 1039-______8116 1102 ______7831 75______7762,8242 1074______8000 1103 ______7831 91______8026, 8438, 8440 1099______7963 1104 ______—;____ 7831 gg 8078 1125______8405 1106___ 7831 207______— — 8438 1421______7964, 8000, 8003, 8306, 8346 1108______7831 1443______8348 1120______7831 1 5 CFR 1483______7817 1125 ______7757 230______7737, 7819, 7968 1486______— 7735 1126 ______7831, 8431 ono . 8213 P roposed R ules: 1127 ______7831 070 """ 8213 51______7757 1128 ______- ___ — 7831 tni------r"---- - 8213 52______8542 1129 _ 7831 817______8541 1130 ______7831 375------8213 905 ___ 7971 1131 ______7757 906 ______8429 1132 _ 7831 915______8181 1133 ______7757, 7831, 8542 994______8021 1134 ______— 7757 3 8 2 ..;------s213 1001 ___ i______7911, 8242 1136 ______— ______7757 1002 ______7911 1137 ______7757 P roposed R ules: 7833 1003— ______-____ — 7911 1138-______— ______7757 FEDERAL REGISTER 8665

16 CFR Page 32 CFR Page 43 CFR—Continued Page 13______7960, 7961, 8058-8060 i ______7807 P ublic Land Orders—Continued 15...... - ______7737, 3 ______7807 1775 (revoked in p a rt by PLO 7806, 8233, 8403, 8492, 8521, 8585, 4 ______. . . . ______7810 ______4027)___ 8238 8621. 7 ______7811 4023______7969 Proposed R ules: 8 ______7812 4024—______7969 45______7757 16-__ 2 ______7814 4025 ______. . . 7969 57______8243 30______7814 4026 _ 8238 192______8244 40 ______8621 4027 ______8238 273______8007 4028 ______8238 17 CFR 502______. 7966 4029 ______— 8238 211______7821 1001______— 8370 4030 ______8239 230____ •______- 7738 1003 ____ 8311,8371 4031 _ 8239 239 ______77381004 ___ __- 8371 4032 ______8239 240 ____— 1______7740 1007—______8371 4033 ______8293 250______82331013-______* 8371 4034.______; 8240 276______7821 1014______8371 4035 _ 8240 Proposed R ules: 1053______8371 4036 ______8240 270...... — 7913 1250—______8061 4037 ______8241 2000______8540 4038 ___ 8241 18 CFR 32A CFR P roposed R ules : 101______7897 4------8429 141— ______7897 OIA (Ch.X): 3130.______—— ______8181 201______7897 OI REG. 1—. ______7745 3140_____ 8181 260______7897 33 CFR 3150______8181 Proposed Rules: 202______——— 8403 3160_____ 8181 8______8376 203— _____ 7827, 8312, 8573 3180______8181 204______------8129 20 CFR 208______7751 45 CFR 404...... — 8367 401______:i______8062 801______7755, 8623 602______7966 1030______8623 604______8281 36 CFR P roposed R ules : Proposed Rules: 2 21______8180 170______8544 405______7864, 8668 251______7899 261______7902 46 CFR 21 CFR 146______8295 l______8521 38 CFR 173______8539 5______8524 17-______8064 202______1___ 8065 8______8216, 8369 2 1______8292 262______8494 27______.... ______8493 281— ______8494 80______8525 39 CFR 308______7970 120______7741 13— ____ _ ---- 7752 121______8008, 8009, 8369, 8573 22______7752 47 CFR 125______8521 25______— 7752 18______7821 130______8009 27______8234 21------7822 Proposed Rules: 41 ______8234 73 ______7904, 8067, 8069-8073, 8623, 8625 17______— 8497 43____ 7752,8235 74 ------„;___ 7822 27______8497 46______8235 87------8627, 8628 53______8594 51 ______8236 91______7822 52 ______8236 P roposed R ules: 22 CFR 53 ______8236 1_____ 7837 41 ______7741 55______8236 17------8376 42 ...... 7741 56— ______8236 21------7837 23------7837 24 CFR 58— ...... ___ 8237 61______8237 73 ------— ______7837, 200__ 7743 7838, 8079-8081, 8132, 8637-8639 203___ 8539 41 CFR 74 ------7837, 8026 207-, 8539 1-3______8116 81______7837 220__ 8539 1-5______8621 87------_------7837 221 __ _ 7743 1 - 1 2 ______8592 89------—______7837, 8640 4-1—______7819 91------7837, 8640 25 CFR 4-6______1_ 7819 93------7837, 8640 41 ______7744 4-50—i ___ 95______7837 42 ______7902 7745 8 - 1 ______7820 97------7837 8- 2 — ______7820 26 CFR 48 CFR i______9-12— _____ 8237 7789 101-15— 7752 203------—— ...... — 8540 29 CFR 101-17___ __ 8117 101-47______8540 49 CFR o____ 8306 6------8573 1605./.::::::::; 8370 42 CFR 95------7806, 8064 30 CFR 57------7755 170------8312 76------7902 P roposed R ules: Proposed R ules: P roposed R ules: 31------8244 27____ 8630 73------8594 170______7841 31 CFR 43 CFR 193------— 7911 128___ ... ______8179 202__ 3120______;______7806 50 CFR 7899, 8234 P ublic Land Orders: 32 ------7909, 8065 203. ____ 7899, 8234 5 0 0 . / / 662 (revoked by PLO 4035)__ 8240 33 ------— 7756, 7910, 7970 7745, 7899, 8586 roposed ules 520. 829 (revoked in part by PLO P R : ...... 8404 4028)______... 8238 401______8130

FEDERAL REGISTER

VOLUME 31 • NUMBER 120

Wednesday, June 22, 1966 • Washington, D.C.

PA R T II Department of Health, Education, and Welfare Social Security Administration

• Conditions for

No. 120—pt. n — 1 8668 PROPOSED RULE MAKING

ent laboratory in order for its services § 405.1303 Standards; general. DEPARTMENT OF HEALTH, EDU­ to qualify for reimbursement under the As a basis for a determination as to supplementary medical insurance part whether or not there is substantial com­ CATION, AND WELFARE of the Health Insurance for the Aged pliance with the prescribed conditions program. Social Security Administration in the case of any particular independent (b) Definition of independent labora­ laboratory, a series of standards, almost [ 20 CFR Part 405 1 tory. An independent laboratory per­ all interpreted by explanatory factors, is forming diagnostic tests is one which is listed under each condition. Reference CONDITIONS FOR COVERAGE OF independent both of the attending physi­ to these standards will enable the State SERVICES OF INDEPENDENT LAB­ cian’s office and of a hospital which agency surveying a facility to document ORATORIES meets the conditions of participation in the activities of the laboratory, to estab­ the program. Services furnished by out- lish the nature and extent of its de­ Notice of Proposed Rule Making of-hospital laboratories under the direc­ ficiencies, if any, and to assess the fa­ Notice is hereby given, pursuant to the tion of a physician, such as a pathologist cility’s need for improvement in relation Administrative Procedure Act, approved or radiologist, are considered to be sub­ to the prescribed conditions. In sub­ June 11, 1946, that the regulations set ject to the conditions where the physi­ stance, the application of the standards, forth in tentative form below are pro­ cian holds himself out to the general together with the explanatory factors, posed by the Commissioner of Social Se­ public and/or other physicians as being will indicate the extent and degree to curity, with the approval of the Secre­ available primarily for the performance which an independent laboratory is com­ tary of Health, Education, and Welfare. of diagnostic X-ray and/or other labora­ plying with each condition. tory services. Section 1861 (s) of the The proposed regulations (§ 405.1301 et § 405.1304 State agencies. seq.) relate to conditions which inde­ Act, which includes the provision for the pendent laboratories are required to meet coverage in the medical insurance pro­ (a) Under the Health Insurance for in order for the services of such labora­ gram of diagnostic tests performed in an the Aged Act, State agencies, operating tories to be reimbursable under Title independent laboratory, provides that, as under an agreement with the Secretary, X V m —Health Insurance for the Aged, a condition for coverage of such tests, will be used by the Secretary in deter­ of the Social Security Act. These con­ an independent laboratory, in any State mining whether independent labora­ ditions are intended to provide assurance in which State or local law provides for tories meet the conditions. Pursuant to of the quality and adequacy of the serv­ licensing laboratories, is licensed pur­ this agreement, State agencies will cer­ ices and facilities of participating inde­ suant to such law or be approved by the tify to the Secretary findings as to pendent laboratories. agency of the State or locality respon­ whether independent laboratories are in Prior to the final adoption of the pro­ sible for such licensure as meeting the substantial compliance with the condi­ posed regulations, consideration will be standards established for licensing. As tions. Such certifications will include given to any data, views, or arguments a further condition, the statute requires findings as to whether each of the condi­ pertaining thereto which are submitted that the independent laboratory meet tions is substantially met. The Secre­ in writing in duplicate to the Commis­ such standards as the Secretary finds tary, on the basis of such certification sioner of Social Security, Department of necessary to assure the health and safety from the State agency, will determine Health, Education, and Welfare Building, of individuals with respect to whom these whether or not the level of .facilities Fourth and Independence Avenue SW., tests are performed. and services of the laboratory represent Washington, D.C., 20201, within a period (c) State agency certification. The the required achievement of substantial of 30 days from the date of publication law makes provision for the designation compliance with the conditions. of this notice in the F ederal R egister. of State health agencies, or other State (b) Any payment for diagnostic tests The proposed Federal Health Insur­ agencies, to assist the Secretary in de­ of the type described in section 1861 (s) ance for the Aged regulations are to be termining whether there is compliance (3) of the Act performed in a laboratory issued under the authority contained in with the conditions for coverage of serv­ which is independent of a physician’s section 1102,1861(s) (10) and (11), 1864, ices of independent laboratories. The office or a hospital, if made prior to a and 1871, 49 Stat. 647, as amended, 79 designated State agencies will certify to determination that the laboratory is in Stat. 314-316, 79 Stat. 326; 42 U.S.C. the Secretary those laboratories which compliance with the conditions set forth 1302, 1395 et seq. meet the conditions. Services provided in this subpart, is not to be considered in a laboratory that is found to be in as establishing the compliance of such Dated: June 13, 1966. substantial compliance with the condi­ laboratory with such conditions. [seal] R obert M. Ball, tions relating to health and safety and § 405.1305 Principles for the evaluation Commissioner of Social Security. which meet the statutory licensure re­ of independent laboratories to de­ Approved: June 16,1966. quirement would be reimbursable under termine whether they are in substan­ the medical insurance program. tial compliance with the conditions. Wilbur J. Cohen, Acting Secretary of Health, Edu­ § 405.1302 Conditions for coverage of Independent laboratories will be con­ cation, and Welfare. services; general. sidered in substantial compliance with the conditions upon acceptance by the Chapter m , Title 20, is amended by The services of an independent lab­ Secretary of findings, adequately docu­ adding thereto Subpart M of new Part oratory will be reimbursable under the mented and certified to by the State 405 (Regulations 5) to read as follows: program only if the laboratory meets the statutory requirement of section 1861 agency, showing that: PART 405-— FEDERAL HEALTH IN­ (s) (10) of the Act and there has been a (a) The laboratory meets the specific SURANCE FOR THE AGED (1965- finding of substantial compliance on the statutory requirement of section 1861 (s) (10) of the Act and is found to be op­ ------) part of the laboratory with all the other conditions. These additional conditions erating in accordance with all the con­ Subpart M— Conditions for Coverage (established in the interest of health ditions with no significant deficiencies, of Services of Independent Labora­ and safety) are requirements which are or tories essential to the maintenance of quality (b) The laboratory meets the specific of care and the adequacy of the services statutory requirements of section 1861 § 405.1301' Conditions for coverage of and facilities which the laboratory pro­ (s) (10) of the Act but is found to have’ services of independent laboratories; vides. Variation in the type and size déficiences with respect to one or more general. of laboratories and the nature and scope conditions, but (1) It i s m a k in g reasonable plans and (a) Introduction. The Conditions for of services offered will be reflected in Coverage of Services of Independent differences in the details of organization, efforts to correct the deficiencies, and Laboratories and related policies set staffing, and facilities. However, the (2) Notwithstanding the déficiences, forth herein, state the specific require­ test will be whether there is substantial it is rendering adequate service withou^ ments that must be met by an independ­ compliance with each of the conditions. hazard to the health and safety of in"

FEDERAL REGISTER. VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8669 dividuals being served, taking into ac­ the laboratory. The State evaluation (i) he does not individually serve as di­ count special procedures or precautionary will take into consideration: rector of more than two laboratories measures which have been or are being (a) The degree to which each stand­ (hospital or independent) or, (ii) he pro­ instituted. ard, as well as the total set of standards vides an associate, qualified under the § 405.1306 Time limitations on cer­ relating to a condition, is met; standard in paragraph (b) of this section tification of substantial compliance. (b) When there is a deficiency, to serve as assistant director in each whether the deficiency creates a serious laboratory. Such assistant director does (a) All initial certifications by the hazard to health and safety; and not serve more than two laboratories. State agency to the effect that an inde­ (c) Whether the laboratory is making (2) Commensurate with the labora­ pendent laboratory is in substantial reasonable plans and efforts to correct tory workload, the director spends an compliance with the conditions will be the deficiency within a reasonable adequate amount of time daily in the for a period of 1 year, beginning with period. laboratory to direct and supervise the July 1,1966, or, if later, with the date on technical performance of the staff. which the laboratory is first found to be § 405.1309 Documentation of findings. (3) The director is responsible for the in substantial compliance with the con­ The findings of the State agency with proper performance of all tests made in ditions. State agencies may visit or respect to each of the conditions should the laboratory. resurvey laboratories where necessary be adequately documented. Where the (4) The director is responsible for the to ascertain continued compliance or to State agency certifies to the Secretary employment of qualified laboratory per­ accommodate to periodic or cyclical sur­ that a laboratory is not in compliance sonnel and their in-service training. vey programs. A State may, at any time, with the conditions, such documentation (5) If the director is to be continu­ find and certify to the Secretary that a should include a report of any discus­ ously absent for more than 1 month, laboratory is no longer in compliance. sions concerning the deficiencies, a re­ arrangements are made for a qualified (b) If a laboratory is certified by port of the laboratory’s responses with substitute director. the State agency as in substantial respect to such discussions, and the State (b) Standard Laboratory director— compliance under the provisions of agency’s assessment of the prospects for qualification. The laboratory director § 405.1305(b), the following information such improvements as to enable the lab­ meets one of the following requirements: will be incorporated into the finding and oratory to achieve substantial compliance (1) He is a physician certified in ana­ into the notice to the laboratory of the with the conditions. coverage of its services under the medical tomical and/or clinical pathology by the insurance program: § 405.1310 Condition—compliance with American Board of Pathology or the State and local laws. American Osteopathic Board of Pathol­ (1) A statement of the deficiencies ogy or possesses qualifications which are which were found, and The laboratory is in conformity with equivalent to those required for such (2) A description of progress which all applicable State and local laws. certification. has been made and further action which (a) Standard. Licensure. The lab­ (2) He is a physician who (i) is certi­ is being taken to remove the deficiencies, oratory, in any State in which State or and fied by the American Board of Pathology applicable local law provides for the li­ or the American Osteopathic Board of (3) A scheduled time for a resurvey censing of laboratories (1 ) is licensed Pathology in at least one of the labora­ of the laboratory to be conducted not pursuant to such law, or (2) is approved, later than the ninth month (or earlier, tory specialties, or (ii) is certified by the by the agency of the State or locality American Board of Microbiology, the depending on the nature of the de­ responsible for licensing laboratories, as ficiencies) of the period of certification. American Board of Clinical Chemistry, meeting the standards established for or other national accrediting board ac­ § 405.1307 Certification of noncompli­ such licensing. ceptable to the Secretary in one of the ance. (b) Standard. Licensed staff. The laboratory specialties, or (iii) subsequent director and the staff of the laboratory to graduation has had 4 or more years of The State agency will certify that a are licensed or registered in accordance general laboratory training and experi­ laboratory is not in compliance with the with applicable laws. ence of which at least two were spent ac­ conditions or, where a determination of (c) Standard. Fire and safety. The compliance has been made, that a quiring proficiency in one' of the labora­ laboratory is no longer, in compliance laboratory is in conformity with laws tory specialties in a clinical laboratory— where: relating to fire and safety, and to other with a director at the doctoral level—of a relevant matters. hospital, a health department, univer­ (a) The laboratory is not in com­ sity, or medical research institution, or in pliance with the statutory requirement of § 405.1311 Clinical laboratory; defined. the case of a State which regulates clin­ section 1861 (s) (10) of the Act; or A clinical laboratory is an independent ical laboratory personnel, in a clinical (b) The laboratory has deficiencies of laboratory (as previously defined, see laboratory acceptable to that State. such character as to seriously limit the § 405.1301) where microbiological, sero­ capacity of the laboratory to render ade­ (3) He holds an earned degree of logical, chemical, hematological, bio­ doctor of science or doctor of philosophy quate service or to place health and physical, cytological, immunohematology individuals in jeopardy, and from an accredited institution with a or pathological examinations are per­ chemical, physical, or biological science ne state agency concludes after discus­ formed on materials derived from the sion with the laboratory that there is no human body, to provide information for as his major subject (“accredited,” as riy prospect of such significant im- used herein, refers to accreditation by a the diagnosis, prevention or treatment of nationally recognized accrediting agency ÎLüyeî!len*' as establish substantial a disease or assessment of a medical compliance, or condition. or association, as determined by the U.S. *After a Previous period or part Commissioner of Education) and (i) is for which the laboratory was cer- § 405.1312 Condition—clinical labora­ certified by the American Board of unea with a finding of significant defi- tory; laboratory director. Microbiology, the American Board of S™?» there is a lack of progress The clinical laboratory is under the di­ Clinical Chemistry, or other national ac­ thn cf removal °f deficiencies which crediting board acceptable to the Secre­ rection of a qualified person. tary in one of the laboratory specialties, hooHu ^ agency finds are adverse to the (a) Standard. Administration. The ¿¡¡S and safety individuals being or (ii) subsequent to graduation, has had laboratory has a director who admin­ 4 or more years of general clinical labo­ isters the technical and scientific opera­ ratory training and experience, of which § 405.1308 Criteria for determining sub­ tion of the laboratory including the re­ at least 2 years were spent acquiring pro­ stantial compliance. porting of findings of laboratory tests. ficiency in one of the laboratory special­ The factors explaining the standard are ties in a clinical laboratory—with a niade by a State agenqy as to as follows: director at the doctoral level—of a hos­ in independent laboratory is (1) The director serves the laboratory pital, a health department, university, ditfnno ntial compliance with the con- full-time, or on a regular part-time basis. s require a thorough evaluation of or medical research institution, or in the If he serves on a regular part-time basis, case of a State which regulates clinical

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8670 PROPOSED RULE MAKING laboratory personnel, in a clinical labo­ tory personnel, in a clinical laboratory subparagraph (1 ) of this paragraph and ratory acceptable to that State. acceptable to that State. the laboratory performs tests in the (4) For the period ending June 30, (3) He holds a degree of bachelor of specialty of microbiology, including the 1971, an exception to the requirements arts or bachelor of science from an ac­ subspecialties of bacteriology, serology, in subparagraphs (1), (2), or (3) of this credited institution with a major in one virology, mycology and parasitology, the paragraph may be made if (i) the direc­ of the chemical, physical, or biological laboratory engages the services of a tor was responsible for the direction of sciences, and, subsequent to graduation qualified director or supervisor, as de­ a clinical laboratory on January 1, 1966, (i) has had at least 6 years of pertinent fined previously, who (i) holds an earned and (ii) the State agency has evidence of laboratory experience of which not less doctoral or master’s degree in micro­ successful participation of the labora­ than 2 years has been spent working in biology from an accredited institution or tory which he directs, in a State or State the designated laboratory specialty in a is a physician and (ii) subsequent to approved proficiency testing program clinical laboratory—with a director at graduation has had at least 4 years’ ex­ covering the specialties or subspecialties the doctoral level—of a hospital, a health perience in clinical microbiology. in which the laboratory performs tests, department, university, or medical re­ (3) If the factor in subparagraph (1) and (iii) the director holds at least a search institution, or in the case of a of this paragraph is not met and the lab­ bachelor’s degree from an accredited in­ State which regulates clinical laboratory oratory performs tests in the specialty of stitution with a chemical, physical, or personnel, in a clinical laboratory accept­ immunohematology, including the sub­ biological science as his major subject able to that State; and (ii) has success­ specialties of blood groupings and RH and subsequent to graduation has had at fully completed pertinent courses in an typing, it engages the services of a quali­ least 6 years of pertinent clinical labora­ accredited college or university which, fied director or supervisor, as defined tory experience. when combined with the foregoing ex­ previously, who is a physician with at § 405.1313 Condition—clinical labora­ perience, will provide technical and pro­ least 2 years’ experience in clinical tory ; supervision. fessional knowledge comparable to that hematology subsequent to graduation. of subparagraph (2 ) of this paragraph. (4) If the factor in subparagraph (1) The clinical laboratory is supervised (4) He is registered as a clinical lab­ of this paragraph is not met and the lab­ by qualified personnel. oratory technologist by the American oratory performs tests in the specialty of (a) Standard. Supervision. The Society of Clinical Pathologists, MT hematology, including gross and micro­ laboratory has one or more supervisors (ASCP), the National Registry of Micro­ scopic examination of the blood, it em­ who, under the general direction of the biologists, or other professionally spon­ ploys a qualified director or supervisor, laboratory director, supervise technical sored national registry acceptable to the as defined previously, who holds a mas­ personnel and reporting of findings, per­ Secretary which maintains standards ter’s or bachelor’s degree in biology, im­ form tests requiring special scientific equivalent to the foregoing, and (i) has munology, or microbiology from an ac­ skills, and, in the absence of the director, had at least 6 years of pertinent labora­ credited institution and subsequent to are held responsible for the proper per­ tory experience of which not less than graduation has had at least 4 years’ ex­ formance of all laboratory procedures. 2 years has been spent working in the perience in hematology. The factors explaining the standard are designated laboratory specialty in a (5) If the factor in subparagraph (1) as follows: clinical laboratory—with a director at of this paragraph is not met and the (1) Depending upon the size and func­ the doctoral level—of a hospital, uni­ laboratory performs tests in the spe­ tions of the laboratory, the laboratory versity, health department, or medical cialty of clinical chemistry, it engages director may also serve as the laboratory research institution, or in the case of the services of a qualified director or supervisor. a State which regulates clinical labora­ supervisor, as defined previously, who (2) The supervisor serves the labora­ tory personnel, in a clinical laboratory (i) holds an earned doctoral or master’s tory on a regular full-time basis. acceptable to that State; and (ii) has degree in chemistry, or biochemistry from (3) The supervisor supervises and successfully completed pertinent courses an accredited institution or is a physi­ performs tests only in those laboratory in an accredited college or university cian, and (ii) subsequent to graduation specialties or subspecialties in which he which, when combined with the fore­ has had at least 4 years’ experience in is qualified by education, training, and going experience, will provide a technical clinical chemistry. experience. and professional knowledge comparable (6) If the factor in subparagraph (I) (b) Standard. Supervisor—qualifica­ to that of subparagraph (2 ) of this para­ of this paragraph is not met and the tion. The laboratory supervisor meets graph. laboratory performs tests in the specialty one of the following requirements: of tissue pathology, it engages the serv­ (1) He (i) is a physician or has earned § 405.1314 Condition—clinical labora­ tory; tests performed. ices of a pathologist who is certified in a doctoral degree from an accredited in­ anatomical pathology by the American stitution with a chemical, physical, or The clinical laboratory performs only Board of Pathology or the American biological science as his major subject, those laboratory tests and procedures Osteopathic Board of Pathology or pos­ and (ii) subsequent to graduation has that are within the specialties in which sesses qualifications which are equivalent had at least 2 years’ experience in one the laboratory director or supervisors are to those required for certification. of the laboratory specialties in a clini­ qualified. (7) If the factor in subparagraph (1) cal laboratory—with a director at the (a) Standard. Procedures and tests— of this paragraph is not met and the lab­ doctoral level—of a hospital, a health competency. The laboratory performs oratory performs tests in the specialty department, university, or medical re­ only those laboratory procedures and of exfoliative cytology, it engages the search institution, or in the case of a tests that are within the specialties or services of a physician who: (i) is certi­ State which regulates clinical laboratory subspecialties in which the laboratory fied by the American Board of Pathology personnel, in a clinical laboratory accept­ director or supervisors are qualified. or the American Osteopathic Board of able to that State. The factors explaining the standard are Pathology, or possesses qualifications (2) He holds a degree of master of as follows: which are equivalent to those required arts or master of science from an accred­ (1) If the laboratory director or super­ for certification or (ii) is a member of ited institution with a major in one of visor is a pathologist certified in both the American Society of Cytology. the chemical, physical, or biological anatomical and clinical pathology by the (8) The laboratory whose director sciences and subsequent to graduation, American Board of Pathology or the qualifies under § 405.1312(b) (4), may has had at least 4 years of pertinent lab­ American Osteopathic Board of Pathol­ perform tests in the laboratory special­ oratory experience of which not less than ogy or possesses qualifications which are ties in which such director is specifically 2 years has been spent working in the equivalent to those required for certifi­ qualified by training and experience. It designated laboratory specialty in a cation, the laboratory may perform lab­ performs tests in other laboratory spe­ clinical laboratory—with a director at cialties only if the director or supervisor the doctoral level—of a hospital, a health oratory procedures and tests in all department, university, or medical re­ specialties. meets the appropriate requirements of search institution, or in the case of a (2) If neither the director nor super­ subparagraphs (1 )—(7 ) of this para­ State which regulates clinical labora- visor has the qualifications déscribed in graph.

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 PROPOSED RULE MAKING 8671

§ 405.1315 Condition— clinical labora­ (2) No one with lesser qualifications (2) All equipment is in good working tory; technical personnel. than a clinical laboratory technician order, routinely checked and precise in performs laboratory procedures, al­ terms of calibration. T h e clinical laboratory has a sufficient though manual and clerical supple­ (3) Workbench space is ample, well- num ber of properly qualified technical mental services * may be rendered by lighted and convenient to sink, water, p erso n n el for the volume and diversity of others. gas, suction and electrical outlets as tests performed. (3) No clinical laboratory technician necessary. (a) Standard. Technologist—duties. performs tests in the absence of a clinical (4) The laboratory is properly ven­ The laboratory employs a sufficient num­ laboratory technologist. tilated. ber of clinical laboratory technologists (d) Standard. Technician—q noti­ (5) Notebooks of appropriate current to proficiently perform under general laboratory methods are available. supervision the clinical laboratory tests fications. Each clinical laboratory tech­ nician possesses a current license as a (6) Adequate fire precautions are which require the exercise of independ­ clinical laboratory technician issued by observed. ent judgment. The factors explaining the State, if such licensing exists, and (7) There is freedom from unneces­ the standard are as follows: meets one of the following requirements: sary physical, chemical, and biological (1 ) The clinical laboratory technolo­ hazards. gists perform tests which require the (1) He has successfully completed 60 exercise of independent judgment and semester hours in an accredited college (b) Standard. Sterilization. Sy­ responsibility, with minimal supervision including the following courses: general ringes, needles, lancets or other blood let­ by the director or supervisors, in only chemistry, 1 year; biology or micro­ ting devices capable of transmitting those specialties or subspecialties in biology, 1 year. infection from one person to another which they are qualified by education, (2) ~ He is a high school graduate andare not reused unless they are sterilized training, and experience. subsequent to graduation has served 2 prior to each use after first having been (2) With respect to specialties in which years as a technician trainee in a clinical wrapped or covered in a manner which the clinical laboratory technologist is laboratory with a director at the doctoral will insure that they remain sterile until not qualified by education, training, or level or in the case of a State which reg­ the next use. The factor explaining the experience, he functions only under di­ ulates clinical laboratory personnel, in a standard is as follows: rect supervision and performs only tests clinical laboratory acceptable to that EaclL sterilizing cycle contains an in­ which require limited technical skill and State. dicator device which assures proper responsibility. (e) Standard. Collection of speci­ sterilization. (3) Clinical laboratory technologists mens. No person other than a licensed (c) Standard. Examination and re­ are in sufficient number to adequately physician or one otherwise authorized by ports. The laboratory examines speci­ supervise the work of technicians and law manipulates a patient for the collec­ mens only at the request of a licensed trainees. tion of specimens except that qualified physician, dentist, or other person au­ (b) Standard. Technologists—quali- technical personnel of the laboratory thorized by law to use the findings of ficatiOTis. Each clinical laboratory tech­ may collect blood or remove stomach laboratory examinations and reports nologist possesses a current license as a contents and collect material for smears only to those authorized by law to re­ clinical laboratory technologist issued by and culture under the direction or upon ceive such results. The factors explain­ the State, if such licensing exists, and the written request of a licensed ing the standard are as follows: meets one of the following requirements: physician. (1) If the patient is sent to the lab­ (1) He holds a degree of bachelor of (f) Standard. Personnel policies. oratory, a written request for the desired arts or bachelor of science from an There are written personnel policies, laboratory procedures is obtained from accredited institution with a major in one practices, and procedures that adequately a person authorized by law to use find­ of the chemical, physical, or biological support sound laboratory practice. The ings of laboratory examinations. sciences and (i) has been employed for factors explaining the standard are as (2) If only a specimen is sent, it is ac­ at least 1 year as a clinical laboratory follows: companied by a written request. technician or trainee in a clinical labora­ (1) Current employee records are (3) If the laboratory receives refer­ tory—with a director at the doctoral maintained and include a resume of each ence specimens from another laboratory, level—of a hospital, health department, employee’s training and experience. it may report back to the laboratory university, or medical research institu­ (2 ) Piles contain evidence of adequate submitting the specimens. tion, or in the case of a State which health supervision of employees, such as (d) Standard. Specimens— records. regulates clinical laboratory personnel, results of preemployment and periodic The laboratory maintains a record indi­ m a clinical laboratory acceptable to that physical examinations, including chest cating the daily accession of specimens State; or (ii) has successfully completed X-rays, and records of all illnesses and each of which is numbered or otherwise at least 1 year of clinical laboratory in­ accidents occurring on duty. appropriately identified. The factor ex­ ternship as part of his college curriculum. (3) Work assignments are consistent plaining the standard is as follows: <2) He is registered by (i) the Ameri­ with qualifications. Records contain the following infor­ can Society of Clinical Pathologists as a (4) There is a program for employee mation: medical technologist, MT(ASCP), or as orientation. (1) The laboratory number or other a clinical laboratory specialist or, (ii) the identification of the specimen. National Registry of Microbiologists or, § 405.1316 Condition—clinical labora­ (2) The name and other identification tory; records, equipment, and facili­ of the person from whom the specimen uu) other professionally sponsored na­ ties. tional registry acceptable to the Sec­ was taken. retary which maintains standards The clinical laboratory maintains rec­ (3) The name of the licensed physi­ equivalent to (i) and (ii) above. ords, equipment, and facilities which cian or other authorized person or clin­ (c) Standard. Technician—d uties. are adequate and appropriate for the ical laboratory who submitted the speci­ finical laboratory technicians are em­ services offered. men. ployed in sufficient number to meet the (a) Standard. Laboratory manage­ (4) The date the specimen was col­ W o a d demands of the laboratory and ment. Space, facilities, and equipment lected by the physician or other author­ tney function only under direct super- are adequate to properly perform the ized person. j n of a clinical laboratory technolo- services offered by the laboratory. The (5) The date the specimen was re­ :~r The factors explaining the stand­ factors explaining the standard are as ceived in the laboratory. ard are as follows: follows: (6) The condition of unsatisfactory clinical laboratory techni- (1) There is an adequate quality con­specimens when received (e.g., broken, .Jr 1 Performs only those laboratory trol program in effect including the use, leaked, hemolyzed or turbid, etc.). which require limited tech- where applicable, of reference or control (7) The type of test performed. mlivSLs, and responsibility and a sera and other biological samples, con­ (8) The result of the laboratory test ment; exer

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 8672 PROPOSED RULE MAKING (e) Standard. Laboratory report andsupervise laboratory personnel and per­ (2) Copies of reports and radiographs record. The original laboratory report form procedures requiring special skills. are preserved or microfilmed in accord­ is sent promptly to the licensed physician The supervisor works under the general ance with the State’s statutes of or other authorized person who requested direction of the director. limitations. the test and a suitable record of each test (5) The director is ultimately respon­ (g) Standard. Personnel p olicies. result is preserved by the laboratory in sible for the employment of personnel There are written personnel policies, accordance with the State’s statutes of who are qualified for the positions for practices, and procedures that adequately limitations. The factors explaining the which they are hired and for assuring support sound laboratory practice. The standard are as follows: that they comply with applicable Fed­ factors explaining the standard are as (1) The laboratory director is respon­ eral and State standards pertaining to follows: sible for the laboratory report. personnel who conduct procedures in­ (1) Current employee records are (2) Duplicate copies or a suitable rec­ volving the use of ionizing radiation for maintained and include a resume of ord of laboratory reports are filed in the diagnostic purposes. each employee’s training and experience. laboratory in a manner which permits ' (6 ) If the director is to be continu­ (2) Files contain evidence of adequate ready identification and accessibility. ously absent for more than 1 month, health supervision of employees such as (3) Tissue pathology reports utilize arrangements are made for a qualified results of preemployment and periodic substitute director. physical examinations, including chest acceptable terminology of a recognized X-rays, and records of all illnesses and system of disease nomenclature. (b) Standard. Director — qualifica­ accidents occurring on duty. (4) The results of laboratory tests or tion. The director is a physician licensed (3) Work assignments are consistent procedures or transcript thereof are not to practice medicine in the State and is with qualifications. sent to the patient concerned except with qualified by training and experience in (4) There is a program for employee the written consent of the physician or the use of X-rays and/or radioactive orientation. other authorized person who requested materials for diagnostic purposes. the test. (c) Standard. Technologists and as­ § 405.1319 Condition—radiology and/ sociated personnel. The number of ra­ or nuclear medical isotope labora­ §405.1317 Radiology and/or nuclear tory; standards for safety. medical isotope laboratories; defined. diologic and/or nuclear medical tech­ nologists and associated personnel em­ The laboratory meets professionally A radiology and/or nuclear medical ployed as well as their training and ex­ approved standards for safety. isotope laboratory is any independent perience, is adequate for the workload, Standard. Safety program. There is laboratory (as previously defined, see considering the complexities of the in effect a strict control program to re­ § 405.1301) where ionizing radiation is radiologic procedures and the amount of duce radiation and other hazards as­ used for diagnostic purposes. The term time necessary for their execution. The sociated with the technical operations of nuclear medical isotope laboratory refers factor explaining the standard is as fol­ the laboratory. The factors explaining to laboratories in which radioactive iso­ lows: the standards are as follows: topes are applied to, injected in, or in­ Technologists employed by the labora­ (a) Proper safety precautions are gested by patients for diagnostic pur­ tory are certified by the American maintained against fire and explosion poses. Registry of Radiologic Technologists, or hazards, electrical hazards, and radia­ § 405.1318 Condition—radiology and/ registered by the Registry of Medical tion hazards. or nuclear medical isotope labora­ Technologists (ASCP) as nuclear medi­ (b) Periodic inspections are made by tory; direction of laboratory and in­ cal technologists, or meet equivalent re­ local or State health authorities, or by terpretation of procedures. quirements. other qualified individuals, and hazards (d) Standard. Interpretation of pro­ so identified are promptly corrected. The radiology and/or nuclear medical cedures. The laboratory provides for the Records are maintained of such current isotope laboratory is directed by a quali­ interpretation of the results of each inspections. fied physician and provides for the in­ roentgenological and/or radioisotope (c) Personnel monitoring is used for terpretation of procedure results. procedure. This interpretation is made those radiation workers whose exposures (a) Standard. Administration. The by a physician qualified in the field. The are likely to exceed 25 mR per week. laboratory has a director who adminis­ factor explaining the standard is as fol­ (d) Radiation barriers and shielding ters the technical and scientific opera­ lows: are adequate to limit radiation exposures tion of the laboratory. The factors ex­ The interpretation of the results of of personnel and the environs within ac­ plaining the standard are as follows: each procedure is made only by a physi­ ceptable limits., (1) The director serves the laboratory cian who is licensed to practice medicine (e) Restrictions of X-ray beam size is fulltime, or he may serve the laboratory in that State and L„s the appropriate attained through proper and regular use on a regular part-time basis. If he specialized knowledge needed to arrive of the appropriate limiting cone or the serves on a regular part-time basis, (i) at the interpretation. proper setting of the variable aperture he does not individually serve as director (e) Standard. Fluoroscopic examina­ collimator in radiographic procedures. of more than two laboratories or, (ii) tions. Fluoroscopic examinations of (f) Appropriate filtration of the X- he provides a qualified associate to serve patients are performed only by physi­ ray beam is used. as assistant director in each laboratory. cians whose training and experience are (g) Only shockproof equipment is Such assistant director does not serve adequate to interpret the findings of the used. more than two laboratories. procedure. The factor explaining the (h) All electrical equipment is (2) The director is responsible for as­ grounded. standard is as follows: (i) With fluoroscopes, attention is suring that all roentgenologic and/or Fluoroscopic procedures are not con­ radioisotope procedures are properly paid to modem safety design and good performed and that the operation of ducted by technologists. operating procedures; records-are main­ radiographic equipment and use of (f) Standard. Report of diagnostic tained of the exposure rate at the panel radioactive materials are limited to procedure. A signed report is made by or table top of all fluoroscopes. qualified personnel. a physician qualified in the field for each (j) Radioactive materials are stored (3) The director spends an adequate diagnostic roentgenologic and/or isotope and used in accordance with the provi­ procedure, and is transmitted to the re­ sions of applicable Federal or State amount of time each week in the labora­ ferring physician. Records are main­ tory to direct and supervise the technical standards and conditions of licensure. performance of the staff. tained of all such reports. The factors (k) The space and equipment are ade­ explaining the standard are as follows: quate for the volume and diversity o (4) If the director is not fulltime, or nrooedures done by the laboratory. if the size of staff makes it necessary, the (1) Records contain a concise state­ director designates a supervisor whom ment of the referring physician’s reason [F.R. Doc. 66-6921; Filed, June 51. 1966, he deems qualified for this position to for requesting the procedure. 11:41 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 120— WEDNESDAY, JUNE 22, 1966 /

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