^ N p N A L ^

VOLUME 24 19 3 4 ¿ y NUMBER 154 * ^ a/iteo ^ Washington, Friday, August 7, 1959

1001-1011) in that (1) the time inter­ CONTENTS Title 5— ADMINISTRATIVE vening between the date when informa­ tion upon which this amendment is Agricultural Marketing Service Pa*e PERSONNEL based became available and the time Rules and regulations: when this amendment must become Dates, domestic, produced or Chapter I— Civil Service Commission effective in order to effectuate the de­ packed in a designated area of PART 6—-EXCEPTIONS FROM THE clared policy of the act is insufficient, California; approval of ex­ (2) more orderly marketing in the pub­ penses and rate of assess­ COMPETITIVE SERVICE lic interest, than would otherwise pre­ ment______6327 Foreign Operations Administration vail, will be promoted by regulating the Potatoes, Irish, grown in Colo­ shipment of potatoes, in the manner set rado; limitation of shipments. 6327 Effective upon publication in the forth below, on and after the effective Agriculture Department Federal R egister, paragraph (g) of date of this amendment, (3) compliance § 6.149 is revoked. See Agricultural Marketing Serv­ with this amendment will not require ice; Commodity Credit Corpora­ (R.S. 1753, sec. 2, 22 Stat. 403, as amended; any preparation on the part of handlers tion. 5 Ü.S.C. 631, 633) which cannot be completed by the effec­ tive date, (4) this amendment relieves Air Force Department U nited States Civil S erv­ restrictions on the handling of potatoes Notices: ice Commission, in Area No. 3, and (5) information re­ Statement of changes in finan­ [seal] W m. C. Hull, garding the committee’s recommenda­ cial interests: Executive Assistant. tions has been made available to pro­ Cross, R. E__ :______6357 [F.R. Doc. 59-6528; Filed, Aug. 6, 1959; ducers and handlers in the production Trueblood, Robert M______6357 8:50 a.m.] area. Rules and regulations: Order, as amended. Paragraph (b) Procurement instructions; mis­ of § 958.330 (24 F.R. 5711) is hereby cellaneous amendments to Title 7— AGRICULTURE amended to read as follows: subchapter______6332 (b) Minimum maturity requirements— Alien Property Office Chapter IX— Agricultural Marketing (1) Round white varieties. “Moder­ Notices: Service (Marketing Agreements and ately skinned”. Statement of organization and Orders), Department of Agriculture (2) All other varieties. “S lig h tly delegations of final authority. 6354 skinned”. Rules and regulations: PART 958— IRISH POTATOES GROWN Claims procedure; miscellaneous (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. amendments______6329 IN COLORADO 601-674) Army Department / Limitation of Shipments, Area No. 3 Dated: August 4, 1959. Rules and regulations: Findings, (a) Pursuant to Marketing F loyd F. H edlund, Assistance to relatives and others Agreement No. 97 and Order No. 58 (7 Acting Director, Fruit and Vege­ in connection with deceased CFR Part 958), regulating the handling table Division, Agricultural personnel; disposition of cer- ' of Irish potatoes grown in the State of Marketing Service. tain effects «...______6331 Colorado, effective under the applicable [F.R. Doc. 59-6535; Filed, Aug. 6, 1959; Civil Aeronautics Board provisions of the Agricultural Market­ 8:51 a.m.] Notices: ing Agreement Act of 1937, as amended Hearings, etc.: (7 U.S.C. 601-674), and upon the basis Pacific Air Lines, Inc., and of the recommendation and information Barrett Terminals, Inc___ 6372 submitted by the area committee for PART 1003— DOMESTIC DATES PRO­ Shulman, Inc., enforcement Area No. 3, established pursuant to said proceeding ______’ 6373 marketing agreement and order, and DUCED OR PACKED IN A DESIG­ upon other available information, it is NATED AREA OF CALIFORNIA Civil Service Commission hereby found that the amendment to the Rules and regulations: limitation of shipments, as hereinafter Approval of Expenses of Date Ad­ Foreign Operations Administra- provided, will tend to effectuate the de­ ministrative Committee for 1959—60 tion; exceptions from com­ clared policy of the act. Crop Year and Fixing Rate of petitive service______6327 (b) It is hereby found that it is im­ Assessment for Such Crop Year Commerce Department practicable and contrary to the public See also Federal Maritime Board; interest to give, preliminary notice, en­ Notice was published in the July 21, Foreign Commerce Bureau. gage in public rulemaking procedure, 1959, issue of the F ederal R egister (24 Notices: and postpone the effective date of this F.R. 5809), that consideration was being Statement of changes in finan­ amendment until 30 days after publica­ given to the approval of expenses of the cial interests: tion in the Federal R egister (5 U.S.C. • (Continued on p. 6329) Holmes, Howard C______6381 6327 6328 RULES AND REGULATIONS

CONTENTS—Continued CONTENTS— Continued Defense Department Page Housing and Home Finance FEDERALÄREGISTER See also Air Force Department; Agency i»3* ¿y Army Department. See Federal Housing Administra­ Notices: tion. Commanding Officer, Field Indian Affairs Bureau Published daily, except Sundays, Mondays, Command, Defense Atomic and days following official Federal holidays, Support Agency; delegation Notices: by the Office of the Federal Register, National of authority to appoint gen­ Authority of superintendents; Archives and Records Service, General Serv­ eral courts-martial______6357 functions relating to credit ices Administration, pursuant to the au­ Rules and regulations: m atters______i------6372 thority contained in the Federal Register Act, Medical care for dependents of Superintendents and other des­ approved July 26, 1935 (49 Stat. 500, as ignated employees; redelega­ amended; 44 U.S.C., ch. 8B), under regula­ members of the uniformed tions prescribed by the Administrative Com­ serv ices; miscellaneous tion of authority with respect mittee of the Federal Register, approved by amendments______6330 to certain functions (3 docu­ ments)______6371,6372 the President. Distribution is made only by Federal Communications Com the Superintendent of Documents, Govern­ Rules and regulations: ment Printing Office, Washington 25, D.C. mission Crow Indian Reservation, Mon­ The Federal R egister will be furnished by Notices : tana; leasing of lands for min­ mail to subscribers, free of postage, for $1.50 Hearings, etc. : ing______6342 per month or $15.00 per year, payable in Hirschberg, Sanford L., et al_ 6373 advance. The charge for individual copies Jefférson Radio Co. and Bes­ Inferior Department (minimum 15 cents) varies in proportion to semer Broadcasting Co., See Fish and Wildlife Service; In­ the size of the issue. Remit check or money dian Affairs Bureau; Reclama­ order, made payable to the Superintendent Inc. (WENN)...... _ 6374 of Documents, directly to the Government Northside Broadcasting Co_ 6374 tion Bureau. Printing Office, Washington 25, D.C. Video Independent Theatres, Interstate Commerce Commis­ The regulatory material appearing herein Inc. (KVIT)______j 6376 sion is keyed to the Code op F ederal R egulations, WORZ, Inc., and Mid-Florida which is published, under 50 titles, pursuant Television Corp______6377 Notices: to section 11 of the Federal Register Act, as Proposed rule making: Motor carrier transfer proceed­ amended August 5, 1953. The Code op F ed­ Television broadcast stations; ings______6381 eral Regulations is sold by the Superin­ tendent of Documents. Prices of books and table of assignment; Fresno, Justice Department pocket supplements vary. Bakersfield, Salinas, and See Alien Property Office. There are no restrictions on the re­ Santa Barbara, Calif.; Gold­ publication of material appearing in the field and Tonopah, Nev_____ 6353 Public Health Service F ederal R egister, or the Code of F ederal Rules and regulations: Notices: R egulations. Radio broadcast services; mis­ Licensed biological products— 6358 cellaneous amendments___ _ 6345 Reclamation Bureau Stations on land and shipboard Rules and regulations: in the maritime services; ra­ Columbia Basin Project, Wash­ diotelephony for navigational ington; procedures for deter­ CFR SUPPLEMENTS communication______6346 mining eligibility to receive (As of January 1, 1959) Federal Housing Administration w ater______6343 Rules and regulations: Tariff Commission The following Supplements are now Home rehabilitation insurance; Notices: available: supervision of mortgagor; Lead and zinc; notice of study__ 6381 revocation______6330 Titles 1-3 ($1.00) Federal Maritime Board Veterans Administration Notices: Rules and regulations: General Index ($0.75) Agreements filed for approval: Department of Veterans Bene­ Farrell Shipping Co., Inc., and fits, chief attorneys; domestic All other Supplements and re­ T. A. Provence and Co____ relations questions, restora­ 6380 tion to rolls, and conflict of vised books have been issued Mississippi Shipping Co., Inc., et al______;______6380 laws------6342 and are now available. Federal Power Commission CODIFICATION GUIDE Order from Superintendent of Documents, Notices: Hearings, etc.: A numerical list of the parts of the Code Government Printing Office, Washington Mississippi River Fuel Corp_ 6378 of Federal Regulations affected by documents 25, D.C. New York State Natural Gas published in this issue. Proposed rules, as Corp______!______6378 opposed to final actions, are identified as such. San Diego Gas & Electric Co_ 6379 A Cumulative Codification-Guide covering Fish and Wildlife Service the current month appears at the end of each CONTENTS— Continued Proposed rule making: issue beginning with the second issue of the Chassahowitzka National Wild­ month. Commerce Department— Con. Pa®e life Refuge, Florida; hunting Notices—Continued of migratory game birds___ 6353 5 CFR ' Page 6 ...... >______6327 Statement of changes in finan­ Foreign Commerce Bureau cial interests—Continued Notices: 7 CFR Smith, Luther L______6381 Agencia Comercial “Progresso” 958______6327 Commodity Credit Corporation (ACP) Stanley Ho; order re­ 1003______6327 Notices: voking export licenses and de­ nying export privileges____ 6379 8 CFR Certain directors and other em­ 502______,______- 6329 ployees; delegations of au­ Health, Education, and Welfare thority with respect to certain Department 24 CFR activities______6357 See Public Health Service. "261______6330 Friday, August 7, 1959 FEDERAL REGISTER 6329

CODIFICATION GUIDE— Can. ning August 1, 1959, which assessment (2) Section 502.2(e) should read in rate is hereby fixed as each handler’s form published April 17, 1957 (22 F.R. pro rata share of the aforesaid expenses. 2656) rather than as republished, 25 CFR page It is hereby further found that good (3) Section 502.21 should refer to the 173------6342 cause exists for not postponing the effec­ Chief of the Trial Section rather than 32 CFR tive date hereof until 30 days after to the Chief of the Claims Administra­ 56______—— ------—— 6330 publication in the Federal Register tion Section, and 511______6331 (5 U.S.C. 1001-1011) in that: (1) The (4) Section 502.202(c) should state 1004______6332 handling or certification of dates occurs that the Chief of the Claims Administra­ 1005-______6332 from the beginning of a crop year; (2) tion Section may refer claims described 1006 _ 6332 under the amended marketing agree­ therein to the Chief .of the Trial Sec­ 1007 ______—______6337 ment and order the assessment applies tion rather than that he shall do so. to all dates handled .or certified for Since necessary corrective amendments 38 CFR handling or for further processing dur­ are procedural, neither notice nor hear­ 13____ 6342 ing a crop year, and the 1959-60 crop ing thereon is required by statute. Ac­ 43 CFR -year begins August 1, 1959; (3) the rate cordingly, these sections are hereby 412______i 6343 of assessment fixed hereby should be amended to read as set forth below: effective as soon as possible after July § 502.1 [Amendment] 47 CFR 31, 1959, to enable the Date Administra­ 3_— ______6345 tive Committee to bill handlers for, and 1. Section 502.1(a) is hereby amended 7 ______6346 for the handlers to pay, their assess­ to‘read as follows: 8 ______6346 ments currently as the dates are so (a) Sections 502.1 to 502.31 shall be Proposed rules: handled or certified and thus minimize applicable solely to title and debt claims. 3—___ 6353 the quantity of dates on which the assessments would accumulate for pay­ § 502.2 [Amendment] 50 CFR ment in the future; (4) the aforesaid 2. Section 502.2(e) is hereby amended Proposed rules: notice was issued as soon as crop fore­ to read as follows: 34______6353 casts and other information were avail­ able on which reasonable estimates of (e) The term “title claim” means a the committee’s expenses and a rate of claim under section 9(a) of the Trading Date Administrative Committee for the assessment could be determined and With the Enemy Act, as amended, filed 1959-60 crop year and the fixings of a fixed; (5) compliance with this action more than two years after the date of rate of assessment for that year, in ^ac­ will require no advance preparation on vesting in or transfer to the Alien Prop­ cordance with the recommendations of the part of handlers; and (6) in these erty Custodian or Attorney General of the committee. Such actions would be circumstances, postponing the effective the property or interest in respect of pursuant to the provisions of Marketing date hereof beyond the date of publica­ which the claim is made, or a claim Agreement No. 127, as amended, and Or­ tion in the Federal Register would serve under section 32 of that Act, as amended, der No. 103, as amended (7 CFR Part no usef ul purpose. or under section 207(b) of the Interna­ 1003), regulating the handling of do­ tional Claims Settlement Act of 1949, as mestic dates produced or packed in a (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. amended. designated area of California. The said 601-674) amended marketing agreement and or­ Dated August 4, 1959, to become effec­ 3. Section 502.21 is hereby amended der are effective under the Agricultural tive upon publication in the Federal to read as follows: Marketing Agreement Act of 1937, as Register. § 502.21 Proposed findings and conclu­ amended (7 U.S.C. 601-674). In said S. R. Smith, sions. notice, interested persons were afforded Director, At the close of the reception of evi­ the opportunity to file written data, Fruit and Vegetable Division. dence before the Hearing Examiner or views or arguments with respect to the {F.R. Doc. 59-6511; Filed, Aug. 6, 1959; within a reasonable time thereafter, to proposals. No such comment was re­ 8:47 a.m.] be fixed by the Hearing Examiner, any ceived within the prescribed time. party may, and if directed by the Hear­ After consideration of all relevant ing Examiner shall, submit to the Hear­ matters presented (including the afore­ Title 8— ALIENS AND ing Examiner proposed findings and said notice, the information and recom­ conclusions together with a brief in sup­ mendation submitted by the committee, port thereof. Such proposals shall be and other available information) it is NATIONALITY in writing and shall contain appropriate hereby found and determined and, there­ Chapter II— Office of Alien Property, references to the record. Copies thereof fore, ordered, that the expenses of the Department of Justice shall be served on all parties. Reply Date Administrative Committee and the briefs may be filed with the permission rate of assessment for the crop year be­ PART 502— RULES OF PROCEDURE of the Hearing Examiner within a rea­ ginning August 1, 1959, shall be as FOR CLAIMS follows: sonable time to be fixed by him. As far Miscellaneous Amendments as practicable the procedure shall be § 1003.304 Expenses of the Date Ad­ followed of having claimant’s brief filed ministrative Committee and rate of Part 502 of this chapter sets forth the first followed by the brief of the Chief assessment for the 1959—60 crop rules of procedure of the Office of Alien of the Trial Section with any reply briefs year. Property applicable to claims under sec­ filed in the same order. tions 9(a), 32 and 34 of'^the Trading (a) Expenses. E xpenses in the § 502.202 [Amendment] amount of $39,735 are reasonable and With the Enemy Act, as amended (50 likely to be incurred by the Date Admin­ U.S.C. App. 1 et seq.) and under sections 4. Section 502.202(c) is hereby istrative Committee for its maintenance 207 and 208 of the International Claims amended to read as follows: and functioning during the crop year Settlement Act of 1949, as amended (22 (c) Where the Chief of the Claims beginning August 1, 1959. U.S.C. 1631). Incident to Teorganiza- Administration Section concludes for (b) Rate of assessment. Each handler tional changes in the functions- of the any reason that he cannot recommend shall pay to the Date Administrative Office of Alien Property made as of July 1, 1959, Part 502 was republished with allowance of a claim against a particular Committee, in accordance with the pro­ amendments (24 F.R. 5525, July 9,1959). debtor’s insolvent estate, he may refer visions of Marketing AgreemenVNo. 127, Through inadvertence the following er­ the claim to the Chief of the Trial Sec­ as amended, and this part, an assess­ rors appear in this republication of the tion and the latter shall docket it for ment at the rate of 15 cents per hundred­ rules: hearing. At such hearing any other weight of dates which he handles or has (1) Section 502.1(a) should refer toclaimant against the particular debtor’s certified for handling or for further §§ 502.1 through 502.31 rather than to insolvent estate may file an application Processing during the crop year begin­ §§ 502.2 through 502.32, to be heard in accordance with the pro- 6330 RULES AND REGULATIONS visions of § 502.5. The recommended de­ “Medicare Permit”, by changing the tion, or the home port or home yard of cision of a Hearing Examiner with re­ word “certificate” to “permit”. Para­ a ship, even though the sponsor may be spect to the claim is subject to review in graph (e), as amended, now reads as temporarily away, by reason of tempo­ accordance with the provisions of follows: rary duty with his unit or ship, from the § 502.23. (e) In lieu of the restrictions de­ area to which he is assigned, the (40 Stat. 411, as amended, 69 Stat. 562; 50 scribed in paragraphs (c) and (d) of permanent duty station or his home port U.S.C. App.1-40; E.O. 9193, July 6, 1942, 7 this section, the Secretary of Defense or home yard respectively or by reason F.R. 5205, 3 CFR, 1943 Cum. Supp.; E.O. of the sponsor’s absence on individual 9725, May 16, 1946, 11 F.R. 5381, 3 CFR. 1946 may specify a date as of which the re­ temporary duty or temporary additional Supp.; E.O. 9788, Oct. 14, 1946, 11 F.R. 11981, strictions described below will be effec­ duty order. 3 CFR, 1946 Supp.; E.O. 10254, June 15, 1951, tive. On and after the specified date, a 16 F.R. 5829, 3 CFR, 1951 Supp; E.O, 10644, restriction on freedom of choice shall be 2. Section 56.3-3 also has been revised Nov. 7, 1955, 20 F.R. 8363, 3 CFR, 1955 Supp.) effective as to dependents in continental to implement properly DD Form 1251, Executed at Washington, D.C., on July United States, Puerto Rico, Hawaii, and “Medicare Permit”. Section 56.3-3, as 29, 1959. Alaska, who are eligible for civilian amended, now reads as follows: medical care, who reside with their § 56.3—3 Exceptions; emergency care [seal] D allas S. T ownsend, sponsors, or in an area to which their and other circumstances. Assistant Attorney General, sponsor is assigned, who require care Director, Office of Alien authorized under this part from civilian (a) Any restrictions on freedom of Property. sources blit have not commenced receiv­ choice and the requirement for the per­ [F.R. Doc. 59-6518; Filed, Aug. 6, 1959; ing such care from civilian sources on mit described in § 56.3-2 (e) shall be ,/j ^ . 8:48 a.m.] the aforesaid specified date (or, in the waived: case of a maternity'patient, whose care (1) When circumstances indicate that by her civilian physician on that date it was necessary for the eligible depend­ has not reached the second trimester), ent to obtain authorized medical care Title 24— HOUSING AND and who reside in an area where ade­ from civilian facilities due to a bona fide quate medical facilities of a uniformed emergency, e.g. serious injury following HOUSING CREDIT service are available for such depend­ an accident or illness or sudden onset Chapter II— Federal Housing Ad­ ents. No restriction on freedom of requiring immediate treatment au­ ministration, Housing and Home choice will be imposed on such depend­ thorized to be obtained from civilian ents residing in areas where adequate sources at the nearest available medical Finance Agency medical facilities of a uniformed service facility to preserve life, health, or to SUBCHAPTER F— REHABILITATION AND NEIGH­ are not available. However, in order prevent undue suffering; or BORHOOD CONSERVATION HOUSING INSUR­ that the restriction may be appropriately (2) During the period of absence on ANCE administered, each dependent who re­ a trip of the eligible dependent from the area to which the sponsor is assigned. PART 261—-HOME REHABILITATION sides with the sponsor, or in an area to which the sponsor is assigned, and This exception is not to be used to INSURANCE; ELIGIBILITY REQUIRE­ who requires care authorized under this circumvent the restrictions imposed on MENTS OF MORTGAGE COVERING part from civilian sources but has not freedom of choice. ONE- TO ELEVEN-FAMILY DWELL­ commenced receiving such care from (b) Additionally, the restrictions INGS civilian sources on the specified date (or, initially imposed by the Secretary of De­ in the case of a maternity patient, whose fense on a specified date pursuant to Supervision of Mortgagor; Revocation care by her civilian physician on that § 56.3-2 (e) and the requirement for a Section261.10 is revoked as follows: date has not reached the second tri­ permit described therein shall be waived mester), will be required to contact a with regard to any eligible dependent §261.10 Supervision of mortgagor. [Re­ uniformed services installation. For who has commenced receiving care voked] those residing in areas where an ade­ authorized under this Directive from (Sec. 211, 52 Stat. 23; 12 U.S.C. 1715b. In­ quate medical facility of a uniformed civilian sources prior to that specified terprets or applies sec. 220, 68 Stat. 596, as service is not available, DD Form 1251, date (except that, for maternity amended; 12 U.S.C. 1715k) “Medicare Permit”, authorizing care patients, care in the second trimester by Issued at Washington, D.C., August from civilian sources at'Government ex­ her civilian physician on that date must 4, 1959. pense will be issued. Such a permit may have commenced prior thereto). The C. B. S weet, also be issued to a dependent residing dependent involved will be entitled to Acting Federal Housing Commissioner. with the sponsor, or residing in an area complete any care which was author­ ized under this part prior to the date [F.R. Doc. 59-6521; Filed, Aug. 6, 1959; to which the sponsor is assigned, where 8:49 a.m.] adequate medical facilities of a uni­ specified by the Secretary of Defense and formed service are normally available if which has been commenced in accord­ it is found that the uniformed services ance with the preceding sentence. medical facility involved temporarily § 56.5—5 [Amendment] Title 32— NATIONAL DEFENSE lacks capacity to care for that dependent. The permit, issued in the manner de­ 3. Section 56.5-5 (e) has been revised Chapter I— Office of the Secretary of scribed above, shall be evidence of to provide Medicare benefits for a Defense * entitlement of the dependent to care maternity patient whose husband dies while on active duty. Paragraph (e), as SUBCHAPTER C— MILITARY PERSONNEL authorized under this Directive from civilian sources at Government expense. amended, now reads as follows: PART 56— MEDICIAL CARE FOR DE­ In determining whether a dependent (e) Spouses and children of members PENDENTS OF MEMBERS OF THE covered under this paragraph is re­ of the uniformed services receiving treat­ UNIFORMED SERVICES siding in an area where adequate medi­ ment in a civilian medical facility at cal facilities of a uniformed service are Government expense at the time of death Miscellaneous Amendments available, the criteria outlined in para­ of the member, or such spouses and The following miscellaneous amend­ graphs (6>Fand (d) of this section shall children requiring care in a civilian fa­ ments to this Part 56 have been author­ apply. Detailed procedures concerning cility as a result of being in the same ized by the Secretary of Defense and the the format of the permit and the manner" accident or the same episode which Secretary of Health, Education, and in which it is to be issued may be set proved fatal to the member, if continued Welfare: forth in the Joint Regulations. Spouses hospitalization is required, shall be and children are considered to be resid­ transferred to a uniformed services § 56.3—2 [Amendment! ing with their sponsor if they reside in medical facility as soon as the physical 1. Section 56.3-2 (e) has been revisedthe area to which the sponsor is assigned, condition of the patient permits. If such^ to implement properly DD Form 1251, in the area of his permanent duty sta­ a transfer is made, it will be accom- Friday, August 7, 1959 FEDERAL REGISTER 6331 plished at Government expense. The checks will be transmitted to the issuings date the series of military payment cer­ cost of medical and hospital care author­ finance and accounting officer and mili­ tificates was withdrawn from circula­ ized from civilian sources (See § 56.5-2) tary payment orders will be turned over tion. Amounts in excess of $500 will which was furnished to the dependent to the nearest finance and accounting be forwarded by the summary court offi­ during the period of hospitalization in officer for action as indicated in sub- cer to Office, Chief of Finance, Field the civilian facility shall be borne by the paragraph (3) of this paragraph. Division, for decision regarding exchange Government subject to the charges pro­ (2) If the surviving spouse or legal of such, certificates. ' vided in § 56.5-6, but not after the date representative 's not present, the sum­ (c) Disposition of all military pay­ on which feasible arrangements for mary court will take the following action ment certificates will be recorded in item transfer have been made. Additionally, in disposing of currencies found among 9, DA Form 54. a dependent wife who is eligible for the effects: (3) If the surviving spouse or legal civilian medical care (See §56.1-3(e)), (i) United States currency. All representative is not present, the sum­ whose husband dies while on active duty, United States currency (if total amount mary court will take the following action and who is pregnant at the time of his exceeds $5) will be turned in to the to dispose of commercial papers and death, may receive at Government ex­ nearest disbursing officer for issuance of checks found among the effects: pense from civilian sources obstetrical a United States Treasury check or (l) Bank deposit books, stocks, bonds', and maternity care authorized under this foreign currency check, as appropriate. or negotiable instruments Which include Directive to include, where applicable, Check will be forwarded to the person traveler’s checks, money orders, etc., antepartum care, delivery, and post­ entitled to receive the effects or to a except checks drawn on the Treasury of partum care. Postpartum care author­ consular representative acting as agent the United States or on foreign deposi­ ized elsewhere in this Directive is for such person (paragraph (j) of this tories and military payment orders, will authorized for a child born under these section) . Such transaction will be re­ be transmitted to the next of kin or legal circumstances. Restrictions on freedom corded in item 9 of DA Form 54, and representative with other effects. How­ of choice described in § 56.3-2 shall, not this record will include the date and ever, negotiable instruments made pay­ apply to dependents covered by the two number of the check and the disbursing able to the deceased in settlement of a preceding sentences in this paragraph. officer’s symbol number. If United debt due by a local debtor may be in­ States currency found is less than $5, dorsed by the summary court for col­ Maurice W. Roche, such money may be included with other lection and the proceeds will be disposed Administrative Secretary. effects transmitted. of in the same manner as currency found July 28,1959. (ii) Foreign currency. Foreign cur­ among the effects. rencies found in the effects will be dis­ (ii) Negotiable instruments found Approved: July 14,1959. posed of as follows: among the effects which, for valid rea­ Frank B. Berry, (a) Foreign currencies having mone­ sons, cannot be transmitted to the next Assistant Secretary of Defense tary value in amounts not in excess of of kin or legal representative will be (Health and Medical). one month’s basic pay and allowances forwarded to the Quartermaster General, Approved: July 13,1959. will be turned in to the nearest disburs­ Department of the Army, Washington ing officer for issuance of a United States 25, D.C., Attn: Memorial Division. Arthur S. Flemming, Treasury check for the dollar equivalent (iii) Government checks (payable to Secretary of Health, Education, of the foreign currency, computed a* the the deceased) drawn on the treasurer and Welfare. current rate of exchange. of the United States or on foreign de­ [F.R. Doc. 59-6537; Filed, Aug. 6, 1959; (b) Foreign currencies having mone­ positories will be transmitted to the 8:51 a.m.] tary value in amounts in excess of one issuing disbursing officer or his successor month’s basic pay and allowances will in office for appropriate action. Proper be forwarded to Chief of Finance, Field notation will be made in item 9, DA Division, Indianapolis 49, Ind., for a de­ Form 54, concerning these checks and Chapter V— Department of the Army cision regarding the conversion of such the next of kin or legal representative currency. will be advised of their deposit so that SUBCHAPTER A— AID OF CIVIL AUTHORITIES (c) Foreign currencies having no claim may be made for them. AND PUBLIC RELATIONS monetary value will be considered sou­ (iv) Military payment orders (payable PART 511— ASSISTANCE TO RELA­ venir money and will be transmitted to the deceased) found among the effects TIVES AND OTHERS IN CONNEC­ with the effects to the designated of deceased personnel will be turned oyer consignee. TION WITH DECEASED PERSONNEL to the nearest finance and accounting (d) Disposition of all foreign curren­ officer for appropriate action. Proper Disposition of Certain EfFects of cies will be recorded in item 9, DA Form notation will be entered in item 9, DA Deceased or Missing Personnel ■ 54. (iii) Government funds. Government Form 54 and the next of kin or legal In § 511.4, revise paragraph (h) and funds entrusted to personnel as agents representative will be advised so that add paragraph (m).(6), as follows: or finance officers are not effects. If it .claim may be made for the proceeds of appears that funds found on the de­ such military payment orders. § 511.4 Disposition of personal effects ceased may be Government funds, all ***** outside combat areas. funds found on deceased will be turned (m) Effects of missing persons. * * * over to the disbursing officer on appro­ (6) Currency, commercial papers, (h) Currency, commercial papers, priate finance forms to be held in special stocks, bonds, etc. All currencies, com­ stocks, bonds, etc. (1) If surviving deposits until determination can be made as to the amounts belonging to the Gov­ mercial papers, stocks, bonds, checks, etc., spouse or legal representative is present, found among the effects of personnel in all currencies, commercial papers, stocks, ernment and to the individual. (iv) Military payment certificates, (a) a missing status will be disposed of in bonds, checks, etc. (except funds belong- accordance with procedures set forth in !og to the Government, Government Valid military payment certificates Will checks payable to the deceased which are be converted to a United States Treasury paragraph (h) of this section. drawn on the Treasurer of the United check or foreign currency check, as ap­ [Cl, AR 643-50, July 21,. 1959] (Sec. 3012, States or on foreign depositories, and propriate, and forwarded to the next of 70A Stat. 157; 10 TJ.S.C. 3012) military payment orders payable to the km or legal representative. deceased) will "be delivered with other (b) Invalidated series of military pay­ R. V. Lee, effects to the surviving spouse or legal ment certificates in amounts not in ex­ Major General, U.S. Army, representative. Government funds will cess of $500 will be converted into a The Adjutant General. ^bandied as indicated in subparagraph treasury check provided the date of [F.Ef. Doc. 59-6495; Filed, AUg. 6, 1959; U) (iii) of this paragraph. Government death of the deceased was prior to the 8:45 a.m.] 6332 RULES AND REGULATIONS

Chapter VII— Department of the (Sec. 8012, 70A Stat. 488;- 10 U.S.C. 8012. In ­ (c) Items and classes of material terpret or apply secs. 2301-2314, 70A Stat. Air Force stocked by GSA stores depots which are 127-133; 10 U.S.C. 2301-2314) under DOD-GSA interagency purchase SUBCHAPTER J— AIR FORCE PROCUREMENT Subpart B— Procurement From Gen­ assignment will be procured according to INSTRUCTIONS eral Services Administration Stores the implementing procedures relating to such assignments. MISCELLANEOUS AMENDMENTS TO Depots (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. In­ SUBCHAPTER 1. Section 1005.201 is deleted and the terpret or apply secs. 2301-2314, 70A Stat. following substituted therefor: The following miscellaneous amend­ 127-133; 10 U.S.C. 2301-2314) ments are issued to this subchapter : § 1005.201 General. The decision whether items and ma­ PART 1006— FOREIGN PURCHASES PART 1004— COORDINATED terial (except Commodities under DOD- PROCUREMENT GSA interagency purchase assignment) 1. The present Subpart A is deleted will be procured from General Services and a new Subpart A is substituted Subpart B— Policies and General Administration (GSA) stores depots or therefor: Principles from commercial sources pursuant to Subpart A— Buy American Act; Supply § 5.201 of this title will be made by ad­ § 1004.250—1 [Amendment] and Service Contracts ministrative determination arrived at Sec. 1. In § 1004.250-1 (23 F.R. 1355, March jointly by the procurement and supply 1006.103 Exceptions. 1, 1958), the entire entry “Quartz Crys­ activities at each AF installation author­ 1006.103- 2 Nonavailability in the United tals, Raw” is deleted. ized to effect base procurements withih States. the' continental limits of the United 1006.103- 50 Other exceptions based on in­ States. This administrative determina­ consistency with the public interest. PART 1005—-INTERDEPARTMENTAL tion will be arrived at in the following manner: 1006.103- 51 Purchases in Canada during na­ PROCUREMENT tional emergency. (a) Delivered pric e—(1) Items 1006.104 Procedures. Subpart A— Procurement Under Fed­ stocked at base activities. At regular 1006.104- 1 Applicability. intervals not to exceed once a quarter 1006.104- 3 Certificate. eral Supply Schedule Contracts but at least semiannually, GSA and com­ 1006.104- 4 Evaluation of bids and proposals. mercial prices will be informally re­ 1006.105 List of excepted articles, materi­ 1. In § 1005.103-2, paragraph (d) (3) is als, and supplies. deleted and the following substituted viewed and compared taking into therefor: consideration the overall delivered cost, § 1006.103 Exceptions. including price of the item, transporta­ § 1005.103—2 Exceptions to mandatory tion costs, and administrative cost in § 1006.103—2 Nonavailability in the use. effecting payment. Records will be re­ United States. * * * * * tained as necessary by procurement and (a) Authority. Secretary of the Air (d) Purchase procedures. * * * supply activities to evidence that the Force Order No. 657.1, December 15, (3) It is mandatory that all Con USreviews were in fact made. Formal 1958, subject: “Determination Under the requirements for household and quarters solicitation of bids or requests for quota­ Buy American Act” from the Assistant furniture and equipment covered in the tions from GSA Stores Depots in com­ Secretary of the Air Force, reads: Federal Supply Schedules or GSA Stores petition with commercial sources will not 1. The authority and duty to make deter­ Stock Catalogs be satisfied through GSA be employed to accomplish this review. minations under the Buy American Act (41 sources according to established procur­ The supply activity will appropriately U.S. Code Sections lOa-d) where the basis ing and requisitioning procedures. This code stock record cards, traveling pur­ for such determinations is that the articles, includes requirements for household and chase request cards, or other document materials, or supplies of the class or kind to as appropriate to reflect the determina­ be purchased or the articles, materials or quarters furniture and equipment ex­ supplies from which they are manufactured, ceeding the maximum order limitation in tions, and will satisfy requirements for are not mined, produced or manufactured, as the Federal Supply Schedules. It is also these items by issuing purchase requests the case 'may be, in the United States in suffi­ mandatory that unscheduled or Military to base procurement or requisitions to cient and in reasonably available commercial specification household and quarters GSA Stores Depots as indicated by the quantities and of a satisfactory quality, is furniture and equipment (Table of Al­ stock codes. hereby assigned to; Commander, Air Materiel lowance 1-1Q items) requirements in the (2) Nonstock items. Prior to initiat­Command; Director and Deputy Directors of Con US be procured by GSA when the ing a requisition to GSA or a purchase Procurement and Production, Headquarters, request for the item to base procurement, Air Materiel Command; Commander and total amount of the requirement is in Deputy Commander, AMC Ballistic Missiles excess of $1,000. The mandatory actions a special determination on the specific Center; Commander and Deputy Commander, of this paragraph apply to all Table of item will be made according to para­ AMC Aeronautical Systems Center; Director Allowance 1-1Q items except mattresses graph (a)(1) of this section, if the item and Deputy Director of Procurement and FSC 7105, bedclothing FSC 7210, and has not previously been reviewed and Production, Headquarters, Air Research and prison and blind made products manda­ coded. After this determination, a Development Command; Director of Procure­ tory through other channels. These requisition or purchase request as ap­ m ent and Production, Air Materiel Areas and propriate will be issued. If this item is Air Force Depots; Chiefs of Divisions, Directo­ mandatory actions apply to major ap­ rate of Procurement and Production, Head­ pliances such as household washers, dry­ to fill a “one-time” requirement, this de­ quarters, Air Materiel Command, AMC Bal­ ers, refrigerators and ranges, and are termination is applicable only, to the listic Missiles Center, and AMC Aeronautical also applicable to procurements made by purchase of that requirement. If, how­ Systems Center. The authority assigned to Logistic Control Groups to fulfill oversea ever, the item is to be added to base the aforementioned individuals may not be requirements. Requirements exceeding stocks the determination will be effective redelegated. the maximum order limitations of Fed­ until the next joint review of stocked 2. Secretary of the Air Force Order No. items. 657.1, dated April 23, 1957, is hereby eral Supply Schedules and requirements superseded. for other than scheduled items will be (b) Quality of services. Determina­ 3. This Order is issued in accordance with requisitioned directly from GSA, Federal tion with respect to the quality of service Air Force Regulation 11-18, July 16, 1954, Supply Service, National Buying Divi­ rendered by GSA stores depots in com­ subject: “Instruments of Delegation or As­ sion, 7th and D Streets, SW., Washington parison with the services obtainable from signment of-Statutory Authority.” commercial sources will normally be 25, D.C. Such requisitions will be pre­ (S) Dudley C. Sharp, pared and submitted to GSA’s National based on past experience, and should be Assistant Secretary of the Air Force. a matter of continuing review to insure: Buying Division by supply activities with (1) Timely delivery of required items and (b) Findings a n d determinations. the exception that procurement activities (2) elimination of the need for repeated The provisions of § 6.103-2 of this title at Logistic Control Groyfcs will prepare back ordering which tends to increase will be applied atid used only after a de­ and submit such requisitions to satisfy the administrative costs in the acquisi­ termination, in writing, has been made oversea requirements. tion of required supplies. by one of the above designated officials. Friday, August 7, 1959 FEDERAL REGISTER 6333 (c) It will be the responsibility of Pur­ and comparison with other similar articles, States in whole or in part from crude petro­ materials, or supplies produced or mined in leum of foreign origin, all of which has been, chase Policy Division, Hq. AMC, to re­ the United States, and I hereby grant an or will be imported by a firm which, during view and transmit the proposed finding exemption from the application of said act the period of contract performance and for and determination, to one of the author­ to all such purchases. A copy of this deter­ the three months preceding the month in ized certifying officers mentioned in par­ mination shall be attached to each such con­ which the bid or offer which resulted in this agraph (a) of this section. tract for supplies which is otherwise subject contract is submitted, has imported crude (d) If the purchase which is proposed to the provisions of said act. petroleum in compliance with the Voluntary is excepted from the requirements of the (S) A. S. Barrows, Oil Import Program, or which is certified by Buy American Act both under this sec­ Under Secretary of the Air Force. the Administrator, Voluntary Oil Import Program, as being in compliance under that tion and because it consists of articles, (2) The effect of the above determina­ Program. materials, or supplies excepted under tion is to grant an exception from the (iii) “United States” means the United § 1006.105, no finding and determination application of said act only to such pur­ States and any place subject to the juris­ is required under paragraph (a) of this diction thereof. section, but only a finding by the buyer chases where the intended use of any b. Contractor agrees that there will be de­ (according to § 1006.105(a) ) stating that such articles, materials, or supplies is livered under this contract only refined pe­ the supplies being purchased do fall evaluation and comparison with other troleum products of one of the types set within the category excepted under similar articles. Consequently, where forth above, except: the intended use is other than evaluation (i) When the petroleum products are for § 1006.105. £ and comparison with other similar arti­ use outside the United States; (e) Except as stated herein, exemp­ cles, the above determination does not (ii) When the Government determines tion from the Buy American Act can be that neither domestic petroleum product granted only by the Secretary of the Air apply. nor complying petroleum product is pro­ Force. (3) When articles are purchased for duced or refined in the United States in (f ) When a determination under par­ evaluation and comparison, a copy of the sufficient and reasonably available quanti­ agraph (b) of this section is made that determination (paragraph (a) (1) of this ties and of a satisfactory quality; the Buy American Act does not apply, section) will be attached to each of the (iii) When the Secretary determines it a copy of such determination will be at­ following copies of the contract: (i) would be inconsistent with the public in­ General Accounting Office, (ii) contract terest to apply the preference to domestic tached to each contract for such articles, petroleum product or complying petroleum materials, or supplies except in the case file, and (iii) contractor’s file. product; or of determinations made pursuant to an (b) Purchase of petroleum products. (iv) When the Secretary determines the existing contract such copies may be dis­ According to Executive Order 10761 and cost to the Government of domestic petro­ tributed by letter of other convenient Department of Defense Directive 4105.50, leum product or complying petroleum prod­ means. April 26, 1958, the following provisions uct to be unreasonable. will apply to the purchase of petroleum c. If the supplies to be delivered here­ (g)' Purchase of foreign publications: under are refined in the United States in Notwithstanding the exception contained products, other provisions notwithstand­ whole or in part from imported crude, the in § 6.105 of this title, the following pro­ ing. Contractor agrees that during the contract cedures are applicable to purchase for (1) Definitions, (i) “Domestic petro­ period he will comply in all respects with the foreign periodicals and publications: leum product” means any product re­ Voluntary Oil Import Program. , (1) Foreign periodicals and publica­ fined in the United States entirely from crude petroleum of wholly domestic * (3) In evaluating bids or offers, no tions available through vendors located price differential will be applied between in the United States may. be procured origin. unless there is a question of security in­ (ii) “Complying petroleum product” bids or offers of domestic petroleum volved. If there is a question of security means any product refined in the United product and those offering complying pe­ involved, requests will be forwarded to States in whole or in part from crude troleum product. the Director of Intelligence, Hq USAF, petroleum of foreign origin, all of which (4) Otherwise acceptable bids or offers for forwarding to the appropriate air has been, or will be imported by a firm of foreign refined petroleum products attaché for procurement. which, during the period of contract per­ will be accepted if’such bid or offer is the (2) Requests for foreign periodicals formance and for the 3 months preced­ lowest available bid or offer and (1) no and publications which must be procured ing the month in which a bid is submitted bid or offer of domestic petroleum prod­ outside the United States will be sent to to the Department of Defense, has im­ ucts or complying petroleum product is the Director of Intelligence, Hq USAF, ported crude petroleum in compliance available for consideration, or (2) the for forwarding to the appropriate air with the Voluntary Oil Import Program lowest available bid or offer of a domes­ attaché for procurement. Such requests or which is certified by the Administra­ tic petroleum product or complying pe­ will contain complete information, in­ tor, Voluntary Oil Import Program, as troleum product is 6 percent or more in cluding description of the item, esti­ being in compliance under that Program. excess of the sum of such bid or offer of mated cost, name and address of vendor, (iii) “Non-complying petroleum prod­ foreign refined petroleum product in­ citation of applicable appropriation, and uct”' means any product refined in the cluding all costs of delivery to the place shipping instructions. United States in whole or in part from specified in the solicitation and the im­ crude petroleum of foreign origin, other port tax or duty (whether or not an im­ § 1006.103—50 Other exceptions based than “complying petroleum prodiict.” port tax or duty-free entry certificate on inconsistency with the public in­ may be issued). terest. (iv) “Foreign refined petroleum prod­ uct” means any petroleum product re­ (5) Bids or offers of non-complying (a) Articles purchased for purpose of fined outside the United States. petroleum products will not be accepted. evaluation and comparison. (1) The (v) “United States” means the United (6) In determining whether a product Under Secretary of the Air Force, on States and any place subject to the juris­ is a complying petroleum product, a cer­ March 3, 1949, determined as follows: diction of the United States (see § 6.101 tificate issued by the Administrator, Vol­ (c) of this title.) untary Oil Import Program, will be ac­ Determination Under the Buy American cepted as conclusive evidence of such Act (2) Procedures. Every contract en­ tered into by the Department of the Air compliance. In the absence of such a Pursuant to the authority contained in the Force for the purchase in the United certificate, a certification or representa­ Buy American Act (Act of March 3, 1933, 41 tion of compliance made by the supplier U.S.C. lQa-c) and pursuant to the authority States of petroleum products shall con­ vested in me, I hereby determine that it tain the following clause in lieu of the may be considered presumptive evidence Would be inconsistent with the public in­ clause prescribed in § 6.104-5 of this of compliance. terest to apply the Buy American Act to the title: § 1006.103—51 Purchases in Canada Purchase of unmanufactured articles, ma­ during national emergency. terials, or supplies not mined or produced in Buy American Act and Executive Order No. be United States, and manufactured arti­ 10761 (a) The Assistant Secretary of the Air cles, materials and supplies not manufac­ a. For the purpose of this clause: Force, on December 30, 1950, determined tured in the United States substantially all (i) “Domestic petroleum product” means as follows: rom articles, materials, or supplies mined, any product refined in the United States from P oduced, or manufactured in the United crudp petroleum of wholly domestic origin; Determination Under Buy American Act tates, where the intended use of any such (ii) “Complying petroleum p rod u ct” The President of the United States having, icles, materials, or supplies is evaluation means any product refined in the United on December 16, 1950, proclaimed a national 6334 RULES AND REGULATIONS emergency which requires that the. defense submitted even though the contractor strument accomplishing the purchase or, of this country be strengthened as speedily may intend to use the foreign articles if more convenient, it may be made by as possible, and the United States and the (e.g., production machinery) to aid him separate finding signed by a contracting Dominion of Canada having entered into in performance of an Air Force contract officer. certain reciprocal arrangements contemplat­ as well as for his private business. If the ing the acquisition of defense supplies by Subpart B— Buy American Act; each nation from sources in the other na­ purchase is being made .by an Air Force tion, and it being necessary that certain pro­ contractor, the importation of the for­ Construction Contracts curement restrictions which would otherwise eign material may be dutiable unless the 1. A new Subpart B is added, as impede the accomplishment of these purposes method set forth in § 1006.602-1 is com­ follows: be suspended to the extent authorized by plied with. law, I hereby determine, pursuant to the au­ Sec. thority, vested in me by the Buy American Act § 1006.104—3 Certificate. 1006.203 Exceptions. (41 U.S.C. lOa-d) that it is inconsistent with 1006.203- 1 Nonavailability in the United the public interest, during the period of said All IFB’s and RFP’s incorporating the States. national emergency, to apply the restric­ use of this certificate will ..contain a 1006.204 Procedures. tions of said act to the acquisition by the definition of the United States as set 1006.204- 3 Evaluation of bids and proposals. Department of the Air Force of manufac­ forth in § 6.101(c) of this title. tured and unmanufactured articles, ma­ § 1006.203 Exceptions. terials and supplies in the Dominion Qf § 1006.104—4 Evaluation of bids and proposals. § 1006.203—1 Nonavailability in the Canada. United States. Accordingly, purchases and contracts of (а) -(b) See § 6.104-4 (a) and (b) of the Department of the Air Force in the this title. This section will be used according to Dominion of Canada will not.be subject to procedures prescribed in § 1006.103-2. the provisions of the Buy American Act (c) Procurements within § 6.104-4(c) during the period of the national emergency. of this title will be forwarded through § 1006.204 Procedures. This determination does not, however, apply channels (including Commander, AMC, § 1006.204—3 Evaluation of bids and to appropriation act restrictions pertaining attn: MCPP) to the Director of Pro­ proposals. to the purchase of food and clothing. curement and Production, Hq USAF, (S) Eugene M. Zuckert, attn: AFMPP-PR-1 Washington 25, (а) -(b) See § 6.204-3 (a)-(b) of this Assistant Secretary of the Air Force. D.C., for submission to the Secretary of title. the Air Force for consideration. (c) Impracticability. Proposed pro­ (to) As a consequence of the above de­ (d) See § 6.104-4 (d) of this title. curements within § 6.204-3 (c) of this termination, exemption from the Buy (e) When proposed procurements are title will be forwarded through channels American Act is not required if for sup­ submitted for Secretarial consideration (including Commander, AMC, attn: plies manufactured in Canada whether under the provisions of paragraph (c) of MCPP) to the Director of Procurement purchased directly by the Air Force ox. this section, the request will include the and Production, Hq USAF, attn: for the Air Force by a prime contractor following: AFMPP-PR-1, Washington 25, D.C., for or subcontractor. (1) IFB or RFP number and date of submission to the Secretary of the Air (c) While no dollar limitation was issuance. Force for consideration. placed in the determination above, the (2) Date(s) of bid expiration, and any (d) Procedure. When proposed pro­ policy of the Air Force is that the Assist- extensions obtained. curements are submitted for Secretarial ant Secretary of the Air Force (Materiel) (3) Complete description of the item or consideration under the provisions of is to be consulted prior to committing the items. paragraph (c) of this section, the request Air Force to any programs in Canada in­ (4) Price or estimated cost of items, will include the following: volving airframes or major components indicating separately amount of duty (1) IFB or RFP number and date of such as engines, propellers, fire control, and transportation costs to destina­ issuance. or similar items. To implement this tion. (2) Date(s) of bid expiration and any policy, buyers will forward pertinent in­ (5) Name and address of proposed extensions obtained. formation to the Assistant Secretary of contractors or individuals. (3) Complete description of each the Air Force (Materiel) through the (б) Designation of agency to effect designated item of non-domestic con­ Purchase Policy Staif Division (MCPPP), purchase. struction material proposed for use, in­ Hq AMC, which will forward the infor­ (7) Complete detailed facts justifying cluding total quantity and price. mation to the Director of Procurement the proposed award and covering the fac­ (4) Name and address of proposed and Production, Hq USAF, Washington tor or factors leading to submission for tractors or individuals. 25, D.C., so that the required consulta­ Secretarial consideration. (5) Designation of agency to effect tion with the Assistant Secretary of the (8) Copy of the IFB or RFP and in purchase. Air Force (Materiel) may be had prior advertised procurements copy of the ab­ (б) Complete detailed facts justifying to placing such contracts. stract of bids and work sheet. the proposed award and demonstrating (d) A èopy of the determination (para­ (f) Proposed procurements submitted that, as to each designated item of non­ graph (a) of this section) will be at­ for Secretarial consideration under the domestic construction material proposed tached as prescribed in this paragraph to provisions of § 6.104-4(c) of this title for use, the use of any corresponding each contract which otherwise would will be forwarded to reach Hq USAF not domestic construction material would be have required an exemption from the later than 10 days prior to the date of impracticable. Buy American Act. The buyer will at­ acceptance of bids. Provision will be (e) Provision for extension of bid ex­ tach a copy of the determination to each made for extending the date of accept­ piration. Procedures set fo rth in of the following copies of the contract: § 1006.104-4 (f) will be followed! (1) General Accounting Office, (2) con­ ance of bids to permit sufficient time for orderly transmission and Secretarial Subpart C— Duty and Customs tract files, and (3) contractor’s file. consideration, with immediate notifica­ § 1006.104 Procedures. tion to Hq USAF and Hq AMC of such % 1. Subpart C (23 F.R. 10127, Decem­ extension. ber 24,1958) is deleted and redesignated § 1006.104—1 Applicability. Subpart F. It is emphasized that the Buy Amer­ § 1006.105 List of excepted articles, ma­ ican Act only applies to purchases “for terials, and supplies. Subpart D— Purchase From Soviet- public use.” Exemption should be re­ See § 6.105 of this title. Controlled Areas quested only if the Air Force will ac­ (a) Finding and determination. If the 1. Section 1006.402 is deleted and the quire title to the property by direct purchase which is proposed consists of following substituted therefor: purchase, or through a contractor’s articles, materials, or supplies coming purchase. If a contractor desires to within the category of § 6.105 of this § 1006.402 Exceptions. purchase foreign articles for his own title, no finding is required other than (a) See § 6.402(a) of this title. use under such circumstances that the a finding by the buyer stating that the (b) (1) See § 1006.103-2 of this Part. Government will not become the owner supplies being purchased do fall within (2) Purchases in excess of $2,500 may of such articles, request for exemption the above category. This finding will be made only after specific approval*« from the Buy American Act will not be be incorporated into the contractual in­ the- Secretary of the Air Force. The Friday, A u gu st 7, 1959 FEDERAL REGISTER 6335 buyer will prepare three copies of an ap­ (b) In all cases, when the provision ofbe imported into the United States propriately worded finding and determi­ paragraph (a) of this section is appli­ means “emergency purchases of war ma­ nation together with complete justifica­ cable and a Secretarial determination is terial,” as defined in §§ 6.602-2 and tion and forward them through channels required to authorize negotiation pursu­ 6.602-3 of this title. (including Commander, AMC, attn: ant to 10 U.S.C. 2304 (formerly Public (a) For exemptions from customs du­ MCPP) to the Director of Procurement Law 413, 80th Congress), such authority ties in foreign countries where agree­ and Production, Hq USAP, attn: will be obtained subsequent to clearance ments have been signed, see Subpart T, AFMPP-PR-1, Washington 25, D.C., for of the purchase request by the Defence Part 1011 of this chapter. submission to the Secretary. Research Member, Canadian Joint Staff. (b) Instructions in this subpart are Subpart E-^—Canadian Purchases § 1006.555 Solicitation of Canadian applicable to contracting officers respon­ sources for research and develop­ sible for administration. 1. The present Subpart E (23 F.R. ment procurements. 8484, Nov. 1, 1958) is deleted and a new § 1006.602—2 War materials. Subpart E is added, as follows: (a) To carry out the President’s man­ See § 6.602-2 of this title. date that full advantage be taken of the Sec. § 1006.602—3 Emergency purchases. 1006.501 Purchases from Canadian suppli­ scientific talents of friendly countries ers. through a mutual sharing of scientific See § 6.602-3 of this title. 1006.550 Solicitation of Canadian firms. and technical information, a program for § 1006.602—4 Use o f duty-free entry cer­ 1006.554 Research contracts placed in closer collaboration with Canada in re­ tificates. Canada. search and development has been 1006.555 Solicitation of Canadian sources adopted. This program together with See § 6.602-4 of this title. for research and development the provisions of certain bilateral agree­ § 1006.602—5 Limitations. procurements. ments between Canada and the United § 1006.501 Purchases from Canadian States, has made it desirable to state See § 6.602-5 of this title. suppliers. more specifically certain AF procurement § 1006.602—6 Duty-free entry certifi­ policies and procedures in the area of cate. Awards, resulting in the placement of research and development as they relate a prime contract in the Dominion of to Canada. The Director of Transportation Hq Canada, will be made to the Canadian (b) It is AF policy to consider for AMC (MCT) has been delegated by the Commercial Corporation, 2450 Massa­ solicitation qualified Canadian sources Commander, AMC authority to execute chusetts Avenue NW., Washington, D.C. on an equal basis with qualified Amer­ duty-free entry certificates in the form This subpart is not applicable to base ican sources for the placement of Re­ set forth in § 6.602-6 of this title for procurement activities. Such activities search and Development contracts. emergency purchases of war materials, will enter into contracts ‘directly with Such solicitation will include areas that as defined in § § 6.602-2 and 6.602-3 of Canadian firms. may be agreed upon from time to time this title, with power of redelegation to § 1006.550 Solicitation ‘of Canadian where it is evident that mutual benefit officers and civilian officials of the AF. firms. (a) Pursuant to the foregoing, AF will accrue. commanders concerned will submit re­ Canadian firms will be included on (c) Solicitation for the placement of quests for such authority on AFPI Form bidders’ mailing lists and comparable such contracts should be made at a point 8, “Application for Delegation of Au­ source^ lists only upon request by thè in the research and development cycle at thority to Execute Customs Documents,” Canadian Commercial Corporation. which the Air Force has an approved to the Commander AMC, attn: MCTM. Such requests should be directed to the technical requirement necessitating the A delegation of such authbrity to an activity having procurement responsi­ establishment of a Research and Devel­ ACO will be requested from MCTM bility for the supplies or services involved. opment project which is normally as­ through Contract Administration IFB’s and RFP’s will be sent directly to signed to and monitored by an Air Branch (MCPKC) Hq AMC. Canadian firms appearing on the ap­ Research and Development Command (b) Execution of duty-free entry cer­ propriate bidders’ mailing list, with a Center. tificates'is contingent upon the ACO copy of the 1FB/RFP and a listing of all Subpart F— Duty and Customs furnishing the following information to Canadian firms solicited sent to the the appropriate transportation officer: Canadian Commercial Corporation, 56 1. A new Subpart F is added as (1) Contract or purchase order num­ Lyon Street, Ottawa, Ontario, Canada. follows: ber. IFB’s and RFP’s will also be furnished Sec. (2) Contractor and address (prime tov the Canadian Commercial Corpora­ 1006.601 Customs duties on foreign pur­ and foreign).. tion, even though not furnished Ca­ chases. (3) Articles and the value thereof. nadian firms, if requested by the Corpo­ 1006.602 Emergency purchases of war ma­ ( 4 ) FOB terms of contracts. ration for its own account. terial abroad. 1006.602-1 General. (5) Destination and approximate § 1006.554 Research contracts placed in 1006.602-2 War materials. shipping date schedule. Canada. 1006.602- 3 Emergency purchases. (6) A statement in writing that ma­ 1006.602- 4 Use of duty-free entry certifi­ terials, parts, or components being The Canadian ' Government through cates. shipped are entitled to entry free of duty the Permanent Board of Defence has 1006.602- 5 Limitations. pursuant to 10 U.S.C. 2383, Subpart F, has requested that all research contracts 1006.602- 6 Duty-free entry certificate. Part 6 of this title, and any applicable with agencies in the Dominion of Canada 1006.603 Supplies for vessels or aircraft regulations of the Bureau of Customs. be cleared through a central point to operated by the United States. If materials, parts, or components en­ eliminate competition for research proj­ 1006.604 Customs duties and drawbacks. titled to entry free of duty are to be in­ ects and to prevent further subsidies 1006.650 Import shipments. 1006.651 Water shipments o f USAF ma­ corporated into an end item to be deliv­ «•om the various agencies of the United terial procured in Europe and ered to the Government under a specific States for research in universities Japan. prime contract, this statement of the already supported by various Canadian 1006.652 Shipment of materiel procured administrative contracting officer will federal agencies. Accordingly, the fol­ in Canada. be made contingent upon: (i) Consign­ lowing procedure will govern in the 1006.653 Export shipments to Canada. ment of these materials, parts, or com­ Placement of research contracts with § 1006.601 Customs duties on foreign ponents to the responsible AF plant Canadian institutions and agencies: purchases. representative or chief, air procurement (a) The Director of Procurement, Hq See § 6.601 of this title. district, in charge of the prime contract, «RDC, will clear each purchase request and (ii) upon the ability of the Govern­ directly with the Defence Research § 1006.602 Emergency purchases of war ment under the terms of the prime con­ Member, Canadian Joint Staff, 2450 material abroad. tract to obtain benefit of savings of such Massachusetts Avenue NW., Washing­ § 1006.602-1 General. duty-free entry. ton, D.C., prior to negotiations for a re­ Reference in this Subpart F to arti­ (c) Duty-free entry certificates and search contract in Canada. cles, supplies, and materials which are to the following Bureau of Customs forms No. 154----- 2 - 6336 RULES AND REGULATIONS will be prepared in the manner pre­ I certify that the articles covered by this § 1006.652 Shipment o f materiel pro­ entry for which free entry is claimed under cured in Canada. scribed. 19 U.S.C. 1201 as amended, are the growth, (1) Customs Form . 7501, “Consump­ produce, or manufacture of the United Information required in § 1006.602- tion Entry” in quintuplicate. States, and have been returned to the United 6 (b) will be furnished Commercial Traffic (2) Customs Form 7501A, “Consump­ States without having been advanced in Office, Detroit Air Procurement District. tion Entry Permit” in triplicate. value or improved in condition by any process (3) Customs Form 6417, “Summary of manufacture or other means, and that no § 1006.653 Export shipments to Can­ of Entered Values” in triplicate. drawback has been or will be claimed on such ada. articles. § 1006.603 Supplies for vessels or air­ (a) AF material shipped to Canada craft operated by the United States. (Name) normally falls into two categories: (IX Shipments of United States mili­ “Entry of ‘certain supplies,’ as refer­ (Title) tary supplies or United States procured enced in § 6.603 of this title, will be made who has been designated items for the use of United States Armed according to the instructions in AFR to execute free entry cer­ Forces in Canada, or for Canadian con­ 76-29.” tificates for the above tractors performing work under AF con­ named Department. § 1006.604 Customs duties and draw­ tracta Such shipments normally move backs. (Grade) (Organization) on Government bills of lading or com­ mercial bills of lading to be converted to See § 6.604 of this title. (f) Personnel authorizing the returnGovernment bills of lading, consigned to § 1006.650 Import shipments. of materials procured from foreign coun­ USAF c/o consignee and carry notation, (a) Ordinarily, materials purchased tries will furnish destination transporta­ “Free Entry under Tariff Item 708.” No f.o.b. destination are not entitled to free tion officers with sufficient information export documentation is required other entry under 10 U.S.C. 2383. However, and/or documents, to support the issu­ than one additional copy of the bill of there may be provisions in contracts ance of the certificate set forth in para­ lading for Canadian Customs purposes. reading otherwise. (See § 6.602-5 (a) of graph (a) of this section,, so that they (2) Shipments of materials furnished this title.) Contracting officers and may be promptly cleared through to the Canadian Armed Services under transportation personnel will maintain customs. the Mutual Defense Assistance Act on a close liaison. (See § 1006.602-6(b).) § 1006.651 Water shipments of USAF cost-reimbursable basis. Such material (b) Materials purchased aboard f.o.b. material procured in Europe and’ normally moves on a collect commercial carriers’ equipment, origin (except over­ Japan. bill of lading with transportation charges sea shipments), will be cleared by agents and duty paid by the Canadian Govern­ (a) All contracting officers in AMC ment. Department of Commerce Form of the United States Government au­ centers, AMC field procurement activi­ thorized by redelegation. When infor­ 7525-V, “Shippers’ Export Declaration,” ties (including base procurement con­ will be prepared. mation requested in § 1006.602-6 (b) is tracting officers who may have to made available to such AF agent, the (b) Certification and distribution o/ purchase abroad), AMFPA, AMFEA, and Department of Commerce Form 7525-V. agent will immediately contact the con­ USAFE are to specify delivery to the tractor informing him that the shipper (1) Enter the following certification transportation officer f.o.b. at the appro­ under ItemsTl through 15: must: priate port listed below (if possible) (1) Prepare and mail to the United when water shipment is to be made. I hereby certify that the items on the ship­ States Collector of Customs at the port ping documents attached to this export dec­ of entry through which shipment will Country F.o.b. port laration are the items being sold by the Japan______Yokohama. Government of the United States to the move, memorandum copy of the bill of Switzerland- Bremerhaven. Government of Canada under the cost-reim­ lading showing contract number, car Germany___ Do. bursement provisions of the Mutual Defense initials and number, or motor vehicle France_____ Do. Assistance Act of 1949, as amended. identification, in addition to other nor­ Belgium____ Do. mal information or consular invoice. Netherlands^ Do. (2) Annotate papers: “Military, Free Italy______Leghorn. . (Signature and title of England____ U.K. Port. base supply officer or Entry, to be claimed under 10 U.S.C. contracting officer or 2383.” , By purchasing f.o.b. these ports, his authorized repre­ (c) Transportation officers and ad­ material will be transported aboard sentatives) ministrative contracting officers author­ Government-owned or leased/chartered (2) In addition to “Marks and Nos, ized by MCTM to éxecute certificates equipment without brokerage or customs and Number and Kind of Packages will extract one copy of the above com­ fees. In taking this action caution will * * enter the following statement pleted forms for their permanent rec­ be observed to determine that the bene­ under items 9 and 10: “Department of ord, and send the balance of original and fits accrue solely to the Department of State Certification of Registration duplicate copies to the collector of cus­ the Air Force. (See § 1006.602-1 (a).) #3276, July 30,1951 authorizes unlimited toms at the port of entry (place where Such shipments will be consigned to the license. U.A.C.” shipment enters country). One copy of Department of the Air Force, or to the (3) Five copies of Department of Com­ the completed forms prepared by the appropriate military or civilian official of merce Form 7525-V will be prepared. contracting officer will be sent to the the Department of the Air Force, in his Completed forms, with a priced copy of transportation officer, to be filed with the official capacity, in the continental applicable bill of lading. Customs Form DD Form 1149 or DD Form 250 attached 7501 will bear the certificate set forth in United States (i.e„ “USAF representative, to each copy, will be distributed as fol­ § 6.602-6 of this title. Lockheed Aircraft Corporation, Burbank, lows: (d) If commanders are operating California.”) Such consignments are in (i) One set will be retained by the con­ flights between foreign countries, pilots conformity with Customs Regulations, tractor or transportation officer. must execute Customs Form 6417, in § 1010.104 of this chapter (see Treasury (ii) Three sets will be given to origi­ quintuplicate, leaving one copy at base Decision 53780, April 13, 1955) and nating carrier when shipment is ten­ from which executed and depositing the qualify the shipments for immediate de­ dered for transportation. (Carrier win remaining four copies with the collector livery pursuant to 19 U.S.C. 1448(b) assure Chat one set accompanies ship­ of customs at the port of entry. without awaiting formal entry proceed­ ment to destination, and two sets are (e) Articles of United States manu­ ings. Such shipments may be released made available to the Collector of Cus­ facture which have not been purchased upon filing Customs Form 3461, “Appli­ toms at the United States Customs Port abroad but are being returned to the cation for Special Permit for Delivery of of Exit.) United States either for repairs or be­ Perishable and Other Articles, Imme­ (iii) One set will be forwarded within cause of material surplus, or which are diate Delivery of Which is Necessary.” 24 hours after completion by the most being returned to United States custody expeditious means to the Canadian after their purpose has been served, must (b) Information required in § 1006. be covered by the appropriate customs 602-6 (b) will be furnished Commercial Office, attn: MCLDDP, Department oi entry and will be certified on Customs Traffic Office, New York Air Procurement Defense Production, Wright Patterson Form 7501 as follows: District. Air Force Base, Ohio. Friday, A ugu st 7, 1959 FEDERAL REGISTER 6337 (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. 2. Section 1007,403-25 i$ deleted and the termination and shall thereupon pay to Interpret or apply secs. 2301-2314, 70A Stat. the following substituted therefor: the Contractor the amount so determined. 127-133; 10 U.S.C. 2301-2314) § 1007.403—25 Basic data. 4. Section 1007.2104-10 is added as follows: PART 1007— CONTRACT CLAUSES Insert the clause set forth ih § 9.203-1 of this title and add the paragraph set § 1007.2104—10 Buy American Act. Subpart A— Clauses for Bilateral forth in § 9.203-4 of this title. According to the requirements of Fixed-Price Supply Contracts 3. Sections 1007.403-28 and 1007.404-2 § 6.104-5 of this title, insert the clause 1. Section 1007.105-5 is revised asare added as follows: set forth therein. follows: § 1007.403—28 Notice to the Govern­ Subpart V— Clauses for Technical § 1007.105—5 Liquidated damages. ment of labor disputes. Services Contracts According to § 1.313 of this title, insert Insert the clause set forth in § 7.104-4 1. Section 1007.2201 "is added as the provision prescribed by § 7.105-5 of of this title. follows: this title. § 1007.404—2 Limitation on withhold­ § 1007.2201 Limitation on use. Subpart C— Clauses for Fixed-Price ing of payments.. Fixed-price contracts for technical Research and Development Con­ According to the requirements of services will be issued only by AMC Aero­ tracts § 7.104-21 of this' title, insert the clause nautical Systems Center. set forth therein. 1. Section 1007.303-13 is added, as 2. Sections 1007.2203-7 and 100.2203-17 follows: 4. Section 1007.404-4 is revised as fol­ are revised as follows: lows: § 1007.303—13 Notice to Government of § 1007.2203-7 Default. labor disputes. § 1007.404—4 Reporting of royalties. Insert the clause set forth in § 8.707 Insert the clause set forth in § 7.104- According to the requirements of of this title. 4 of this title. § 9.110 of this title, insert the clause set forth in § 9.110(b) bf this title; § 1007.2203—17 Examination of rec­ 2. Sections 1007.303-25 and 1007.304-3 ords. are revised to read as follows: 5. Section 1007.404-5 is added as fol­ lows: Insert the clause set forth in § 7.104-15 § 1007.303—25 Basic data. of this title. §1007.404—5 Utilization of concerns in Insert the clause set forth in § 9.203-1 labor surplus areas. .Subpart W— Clauses for Time and of this title and add the paragraph set Materials Contracts forth in § 9.203-4 of this title. According to the requirements of § 7.104-20 of this title, insert the clause 1. Section 1007.2303-9 is added as § 1007.304—3 Reporting of royalties. set forth therein. follows: According to the requirements of § 1007.405-1 [Deletion] § 1007.2303—9 Notice to the Govern­ § 9.110 of this title, insert the clause set 6. Section 1007.405-1 is deleted. ment of labor disputes. forth in § 9.110(b) of this title. Insert the clause set forth in § 7.104-4 3. Section 1007.304-8 is added as fol­ Subpart U— Clauses for Fixed-Price of this title. lows: Nonp^rsottal Service Contracts 2. Section 1007.2303-22 is revised as § 1007.304—8 Limitation on withhold­ 1. Section 1007.2103-7 is revised asfollows: follows: ing of payments. § 1007.2303—22 Reporting of royalties. According to the requirements of § 1007.2103-7 Default. According to the requirements of § 7.104-21 of this title, insert the clause Insert the clause set forth in § 8.707 §9.110 of this title, insert the clause set set forth therein: of this title. forth in § 9.110(b) of this title. 4. Section 1007.304-10 is revised as § 1007.2103-10 [Deletion] 3. Section 1007.2304-1 is added as follows: 2. Section 1007.2103-10 is deleted. follows: § 1007.304—10 Examination of records. 3. In § 1007.2103-16, paragraph (c) of § 1007.2304—1 Utilization of concerns According to the requirements of the clause is deleted and a new para­ in labor surplus areas. § 7.104-15 of this title, insert the clause graph (c) is substituted therefor: According - to the requirements of set forth therein. § 1007.2103—16 Termination for con­ § 7.104-20 of this title, insert the clause venience of the Government. set forth therein. 5. Section 1007.304-16 is added as follows: ***** § 1007.2304—4 [Amendment] (c) After receipt of a Notice of Termina­ § 1007.304—16 Utilization of concerns - tion, the Contractor shall submit Jto the 4. The title of § 1007.2304-4 is changed in labor surplus areas. Contracting Officer its termination claim, in as follows: “Rights in data.“ the form and with the certification prescribed 5. Section 1007.2304-5 is deleted and According to the requirements of by the Contracting Officer. Such claims shall the following substituted therefor: §7.104-20 of this title, insert the clause be submitted promptly but in no event later set forth therein. than one year from the effective date of § 1007.2304—5 Buy American Act. termination, unless one or more extensions According to the requirements of § 1007.305-2 [Deletion] in writing are granted by the Contracting § 6.104-5 of this title, insert the clause Officer upon request of the Contractor made set forth therein. 6. Section 1007.305-2 is deleted. in writing within such one year period or Subpart D— Clauses for Cost-Reim­ authorized extension thereof. However, if 6. Section 1007.2304-8 is revised as the Contracting Officer determines that the follows: ' bursement-Type Research and De­ facts justify such action, he may receive and velopment Contracts act upon any such termination claim at any § 1007.2304—8 Patent indemnity. time after such one year period or any ex­ According to the requirements of 1. Section 1007.403-11is revised as tension thereof. Upon failure of the Con­ § 9.103 of this title, insert the clause set follows: tractor to submit its termination claim within the time allowed, the Contracting forth in § 9.103-2 of this title. § 1007.403-11 Excusable delays. Officer may, subject to any Settlement Re­ 7. Section 1007.2304-12 is added as Insert the clause set forth in § 8.708 of view Board approvals required by Section follows: VHI of the Armed Services Procurement Reg­ title which will be designated “(a) ” ulation in effect as of the date of execution § 1007.2304—12 Soviet-controlled areas. f l a d d paragraph (f) of the clause set of this contract, determine, on the basis of According to the requirements of ^ 10°7.303-10 of this Part which information available to him, the amount, § 6.403 of this title, insert the clause set wm be designated “(b).” if any, due to the Contractor by reason of forth therein. 6338 RULES AND REGULATIONS 8. Section 1007.2304-13 is added as forth in greater detail in Part n hereof, this the Contracting Officer determines that the follows: group consists o f _____ students for a course facts justify such action, he may receive and of instruction in ______beginning act upon any such termination claim at any § 1007.2304—13 Limitation on with­ _____ and ending ______time after such 1-year period or any exten­ holding'of payments. 2. Request that Part H of this Exhibit besion thereof. Upon failure of the Contrac­ executed in quadruplicate and returned as tor to submit a termination claim within According to the requirements of soon as practicable to the Contracting Officer, the time allowed, the Contracting Officer § 7.104-21 of this title, insert the clause Hq, Air Force Institute of Technology, may, subject to any Settlement Review set forth therein. Wright-Patterson Air Force Base, Ohio. ' The Board approvals required by Section VIII copy marked "Advance Copy’’ may be re­ of the Armed Services Procurement Regula­ § 1007.2305-1 [Deletion] tained by the Contractor for information tion in effect as of the date of execution of 9. Section 1007.2305-1 is deleted. purposes. The date of execution of this Ex­ this contract, determine, on the basis of hibit must be provided immediately follow­ information available to him, -the amount, Subpart X— Clauses, Schedule Provi- ing the signature. if any, due the Contractor by reason of the visions, and Exhibits for Instruction termination, and shall thereupon pay to the Contractor the amount so determined. of Military Personnel at Civilian (Contracting Officer) (e) Subject to the provision of paragraph Schools, Colleges, and Universities (d) hereof, and subject to any Settlement (Date) Review Board approvals required by Section 1. Paragraphs (a), (b) and (c) of the VIH of the Armed Services Procurement Reg­ clause in § 1007.2406-1 are revised as PART n OF EXHIBIT ulation in effect as of the date of execution follows: of this contract, the Contractor and the Con­ (Date) tracting Officer may agree upon the whole § 1007.2406—1 Part I—Services to be To: Contracting Officer or any part of the amount or amounts to be furnished. Air Force Institute of Technology paid to the Contractor by reason of the total (a) The Contractor shall enroll and pro­ Wright-Patterson Air Force Base, Ohio or partial termination of work pursuant to vide instruction during the period______1. The referenced group of Air Force stu­ this clause. In the event of any termina­ t o ______for not more th a n ______dents is to be or has been enrolled or con­ tion pursuant to paragraph (a) hereof, such students, who shall be military personnel of tinued in this institution to pursue the cur­ amount or amounts shall hot include any the United States Air Force selected by the riculum at the cost and for the time period allowance for profit or fee. In the event Government and acceptable to and approved as detailed. of any termination pursuant to paragraph by the Contractor, in the course and for the 2. It is certified that these charges are not (b) hereof, such amount or amounts may respective periods of time determined as greater than that charged for other students include a reasonable allowance for profit or hereinafter provided. pursuing the same or similar curriculum. fee, but only on work actually done in con­ (b) Requests by the Government for in­ 3. The names of the students and the nection with the terminated portion of this struction shall be by delivery to the Con­ itemized charges due or to become due on order. Any such amount shall not exceed tractor of an exhibit to this contract as account of such enrollment or continuation the amount set forth in thé clause hereof hereinafter provided. are as follows: entitled “Authority to Obligate Funds.’* Any (c) The total number of students specified such agreement shall be embodied in an in paragraph (a) above will be divided into (Contractor) amendment to this order and the Contractor groups or classes. Classes will be consecu­ By ------shall be paid the agreed amount. tive unless otherwise mutually agreed upon. (f) If the Contractor and the Contracting Each exhibit will be numbered and presented Officer are not able to agree in whole or in in quintuplicate by the Government to the (Title) part, as provided in Paragraph (e) hereof, as Contractor to Show the approved curriculum Date ______to the amount or amounts to be paid to the to be pursued by each student, the cost Contractor in connection with the termi­ thereof and the total cost of all students in (Address) nation of work pursuant to this clause, the the particular class involved. The exhibit Contracting Officer without duplication of shall be then forwarded in quadruplicate to Subpart Y—-Clauses and Arrange­ any amounts agreed upon in accordance with the Contracting Officer for approval. Upon ments for Letter Contracts the above-cited paragraph (e), shall subject approval by the Contracting Officer, a copy to any Settlement Review Board approvals thereof, executed by the Contracting Officer, 1. In § 1007.2504-3(a), the material required by Section VHI of the Armed shall be returned to the Contractor. following "9.104 (Notice and Assistance Services Procurement Regulation In effect as * * • * * of the date of execution of this contract pay Regarding Patent Infringement) is de­ to the Contraptor an amount determined in 2. In § 1007.2406-2, paragraph (b) (l)d leted and the following substituted accordance with the applicable cost prin­ of the clause is amended as follows: therefor: ciples of the Armed Services Procurement Regulation. In the event of the termination § 1007.2406—2 Part II— Consideration, § 1007.2504—3 Contract clauses for in­ of this order pursuant tb paragraph (a) payment and voucher. corporation by reference. hereof, no allowance for fee or profit shall ♦ * * * ♦ (a) * * * be included in the amount to be paid the Contractor. (b) * * * * * * 9.106 (Filing of Patent Applica­ (1) * * * tions); 9.102-1 (Authorization and Consent); 3. In §1007.2505-3(a), the material d. Designation of voucher as "Final Billing 9.107-1 (Patent Rights); 9.203-1, 9.203-2, following "9.106 (Piling of Patent Appli­ for this semester (term) ” or “Partial billing 9.203-3, and 9.203-4 (Data); 13.502 (Govern­ cations)" is deleted and the following for this semester (term)’’ as appropriate. ment-Furnished Property); 6.403 (Soviet * * * * * Controlled Areas); 8.707 (Defaults); 7.104-4 substituted therefor: (Notice to the Government of Labor Dis­ § 1007.2505—3 Contract clauses incor­ 3. Section 1007.2407-1 is deleted and putes); 7.104-20 (Utilization of Concerns in porated by reference. the following substituted therefor: Labor Surplus Areas); and 7.104-21 (Limita­ tion on Withholding of Payments). * * * * * § 1007.2407 Exhibits. * * * 9.102-1 (Authorization and Con­ § 1007.2407—1 Exhibit for enrollment 2. In § 1007.2504-6, paragraphs (d), sent); 9.107-1 (Patent Rights); 9.203-1, or continuation. (e) and (f) of the clause are deleted and 9.203-2, 9.203-3 and 9.203-4 (Data); 6.Í 3 the following substituted therefor: (Soviet Controlled Areas); 7.104-4 (Notice tJ The following exhibit will be used for the Government of Labor Disputes); 7.104-20 the enrollment or continuation of § 1007.2504—6 Termination. (Utilization of Concerns in Labor Surplus personnel: ~ * * * * * Areas); 7.104-21 (Limitation on Withholding (d) After receipt of a Notice of Termina­of Payments); and 7.203-11 (Excusable Headquarters, Air F orce I nstitute op Delays). Technology Wright-P atterson Air F orce tion, the Contractor shall submit to the Con­ Base, Ohio tracting Officer its termination claim in 4. In § 1007>2506-3(a), the material the form and with the certification pre­ ______Exhibit N o.______to following "9.104 (Notice and Assistance (Date) Contract No. ______scribed by the Contracting Officer. Such claim shall be submitted promptly, but in no Regarding Patent Infringement) is de­ PART I OP EXHIBIT event later than 1 year from the effective date leted and the following substituted there­ To: of termination, unless one or more extensions for: 1. A group of Air Force students is sched­in writing are granted by the Contracting uled to enroll or be continued in a class at Officer upon request of the Contractor made § 1007.2506—3 Contract clauses incor­ your institution in accordance with the in writing within such 1-year period or porated by reference. terms of the contract cited above. As set authorized extension thereof. However, if Friday, A ugu st 7, 1959 FEDERAL REGISTER 6339

• * * 9.102-1 (Authorization and Con­ § 1007.3103—5 Notice, to the Govern­ § 1007.3303-4 Default. sent); 7.104-4 (Notice to the Government of. ment of labor disputes. Labor Disputes); 6.403 (Soviet Controlled Insert the clause set forth in § 8.707 Areas); 7.104-20 (Utilization of Concerns in Insert the clause set forth in § 7.104-4 of this title. Labor Surplus Areas); and 7.104-21 (Limita­ of this title. § 1007.3303—11 Termination for the tion on Withholding of Payments). 2. Sections 1007.3103-7 and 1007.- convenience of the Government. Subpart Z— Clauses for Open 3103-8 are deleted and the following sub­ Insert the clause set forth in § 8.705 of Contracts for Equipment stituted therefor: this title. 1. Section 1007.2601 is added as follows: § 1007.3103—7 Reporting of royalties. § 1007.3303—12 [Deletion] According to the requirements of § 9.- 2. Section 1007.3303-12 is deleted. § 1007.2601 Limitation on use. 110 of this title, insert the clause set The type of contract set forth in this forth in § 9.110(b) of this title. Subpart HH— Clauses for Dairy subpart will be issued only by Hq AMC, AMC centers, and AMC field procure­ § 1007.3103—8 Safety and accident pre­ Products Contracts ment activities and is only for use with vention. 1. Section 1007.3403-6 is revised as major missile, aircraft, engine, and Insert the clause set forth in § 1007.- follows: equipment contractors where firm re­ 4047 of this Part. § 1007.3403-6 Default. quirements for emergency procurements 3. In § 1007.3103-9, paragraph (b) of or stock replenishment cannot be com­ the clause is revised as follows: Insert the clause set forth in § 8.707 puted sufficiently in advance of required of this title. delivery so that a definite-quantity con­ § 1007.3103-9 Bonds. 2. In § 1007.3404-3, the introductory tract can be entered into. ***** paragraph is now paragraph (a), and a 2. Section 1007.2603-21 is revised as (b) Performance bond. If the contract paragraph (b) is added, as follows: price exceeds $2,000, the Contractor further follows: agrees to furnish a performance bond with § 1007.3404-3 Milk bottles^ § 1007.2603—21 Examination of rec­ good and sufficient surety or sureties accept­ * * * * * ords. able to the Government in connection with the performance of work under this con­ (b) If the purpose of the procurement Insert the clause set forth in § 7.104- tract on Standard Form 25 or Standard is to procure milk for commissary resale, 15 of this title. Form 27. Unless otherwise stated in the insert the following clause: Schedule the penal sum of such perform­ 3. Section 1007.2603-43 is added as ance bond shall be 100 percent of the con­ Milk Bottles follows: ‘ _ „ tract price. The unit price of the glass containers § 1007.2603—43 Notice to the Govern­ 4. Section 1007.3103-11 is added as furnished by the contractor for the delivery ment of labor disputes. of milk hereunder shall be set forth sepa­ follows: rately in the schedule. The contractor shall Insert the clause set forth in § 7.104-4 § 1007.3103—11 Title to Government bill the Government for the price of the of this title. buildings and appurtenances. products delivered plus the price of the glass 4. Section 10073604-6 is revised as If any work required by this contract containers. The contractor shall pick up follows: the reusable glass containers at the Com­ involves the repair, alteration, or reno­ missary Store periodically at the request of § 1007.2604—6 Reporting of royalties. vation of any building or other struc­ ture, such building or structure, and any the Commissary Officer, and shall refund to According to the requirements of property removed therefrom, shall be the Government in cash, or check payable § 9.110 of this title, insert the clauses subject to the provisions of paragraphs to the Commissary Officer, the aggregate set forth in § 9.110(b) of this title. value of the picked up reusable containers. (c), (f), and (h), of the clause of this This value shall be computed at the re­ 5. Section 1007.2604-9 is deleted and c o n tra c t entitled “Government-fur­ spective unit container prices specified in the following substituted therefor: nished Property,” and paragraph (e) as the schedule. § 1007.2604—9 Utilization of concerns revised by this clause but. shall not be considered Government-furnished prop­ Subpart II— Clauses for Packing and in labor surplus areas. erty within the meaning and for the According to the requirements of purposes of any other provisions of that Crating Contracts § 7.104-20 of this title, insert the clause clause. For the purposes of this clause, 1. Sections 1007.3503-6 and 1007.3503- set forth therein. the following shall be substituted for 16 are revised as follows: §1007.2605-4 [Deletion] paragraph (e) of the clause entitled “Government-furnished Property”: “The § 1007.3503-6 Default. 6. Section 1007.2605-4 is deleted. Contractor shall maintain and protect Insert the clause set forth in § 8.707 7. Section 1007.2703-28 is revised as the building or structure required to be of this title. follows: repaired, altered, or renovated under this § 1007.3503—16 Termination for con­ § 1007.2703—28 Reporting of royalties. contract, and any property removed therefrom, in accordance with sound in­ venience of the Government. According to the requirements of dustrial practice.” Insert the clause set forth in § 8.705 § 9.110 of this title, insert the clause set of this title. forth therein. Subpart FF— Clauses for Bakery Subpart AA— Clauses for Facilities Products Contracts Subpart JJ— Clauses, Special Provi­ Contracts 1. Sections 1007.3203-6 and 1007.3203- sions, and Specifications for Con­ § 1007.2704—8 [Amendment] 16 are revised as follows: tracts for Care of Remains 1. The title of § 1007.2704-8 is changed § 1007.3203-6 Default. 1. Sections 1007.3604-7 and 1007.3604- as follows: ",Data and copyrights.” Insert the clause set forth in § 8.707 8 are revised as follows: Subpart BB— Clauses for Short-Form of this title. § 1007.3604—7 Termination for conven­ Facilities Contracts § 1007.3203—16 Termination for con­ ience of the Government. § 1007.2804—4 [Amendment] venience of the Government. Insert the clause set forth in § 8.705 ,1. The title of § 1007.2804-4 is chang­ Insert the clause set forth in § § 8.701 of this title. ed as follows: ",Data and copyrights ” or 8.705 of this title, as appropriate. § 1007.3604-8 Default. Subpart EE— Clauses for Construction Subpart GG-—Clauses for Laundry or Insert the clause set forth in § 8.707 Contracts Dry Cleaning Contracts of this title. 1. Section 1007.3103-5 is revised as 1. Sections 1007.3303-4 and 1007.3303- 2. In § 1007.3606-1, paragraph (a) (4) follows: 11 are revised as follows: of Specification F is revised as follows: 6340 RULES AND REGULATIONS

§ 1007.3606—1 Reprocessing remains at Subpart PP— Clauses for Contracts amounts to be paid to the Contractor by zone of interior. Issued by Foreign Procurement reason of the total or partial termination of ***** work pursuant to this clause, which may be Activities agreed upon to be paid to the Contractor Specification F —Care of R emains pursuant to profit on work done, provided (a) * * * 1. In § 1007.4205-9, paragraph (a) is the contract terms do not otherwise pro­ (4) Cleansing of reusable metal transfer revised as follows: hibit the allowance of profit on any items case shall be accomplished when contractor § 1007.4205—9 Patent clauses. thereunder. The contract shall be amended removes the remains therefrom. Contractor accordingly, and the Contractor shall be paid shall return such cases to a location on the (a) Reporting of royalties. Accordingthe agreed amount. Nothing in paragraph base as directed by the contracting officer. to the requirements of § 9.110 of this (e) of this clause, prescribing the amount title, insert the clause set forth therein. to be paid to the Contractor in the event Subpart KK— Clauses and Arrange­ of failure of the Contractor and the Con­ § 1007.4205—10 [Amendment] ments for Negotiated Utility Service tracting Officer to agree upon the whole 2. In § 1007.4205-10, the reference amount to be paid to the Contractor by rea­ Contracts son of the termination of work pursuant to § 7.103-14 is changed to read “§ 6.104-5 this clause, shall be deemed to limit, re­ 1. Section 1007.3706 is revised asof this title". strict, or otherwise determine or affect the follows: 3. Section 1007.4207-10 is revised as amount or amounts which may be agreed § 1007.3706 Required clauses and ar­ follows: upon to be paid to the Contractor pursuant to this paragraph (d). rangements ; contracts for more than § 1007.4207—10 Disputes. $2,400. Insert the applicable clause according § 1007.4503-23 [Deletion] The following clauses and provisions to § 1007.4205-8. 3. Section 1007.4503-23 is deleted. will be inserted in all negotiated utility 4. Section 1007.4207-14 is revised as 4. Section 1007.4504-2 is deleted and service contracts which involve a connec­ the following substituted therefor: tion charge, or are for an estimated an­ follows: nual cost of more than $2,400, or both. § 1007.4207—14 Notice to the United § 1007.4504—2 Data and copyrights. In addition to the requirements for ap­ States Government of labor disputes. According to the requirements of Sub­ proval in § 1001.457 of this chapter, util­ Insert the clause set forth in § 7.104-4 part B, Part 9 of this title, and Subpart ity service contracts for a period of more of this title. B, Part 1009 of this chapter, insert the than 1 year will be submitted for ap­ appropriate clause sfet forth therein. proval as specified in § 1001.461 of this 5. Sections 1007.4207-21 and 1007.4208- chapter, and any desired deviations from 3 are deleted and the following substi­ 5. Section 1007.4504-3 is added as the clauses set forth in this Part should tuted therefor: follows: be submitted in advance or concurrently § 1007.4207—21 Safety and accident § 1007.4504—3 Utilization of concerns according to § 1001.109 of this chapter. prevention. in labor surplus areas. Any utility service contract involving a According to the requirements of connection charge of $5,000 or more, in­ Insert the clause set forth in § 1007. 4047 of this chapter. § 7.104-20 of this title, insert the clause cluding the agreed salvage value (see set forth therein. § 1007.3709-2) or a termination charge § 1007.4208—3 Reporting of royalties. of $5,000 or more, will be submitted for 6. Section 1007.4504-7 is revised as review and approval to the Commander, According to the • requirements of follows: AMC, attn: MCPC. § 9.110 of this title, insert the clause set forth in § 9.110(b) of this title. § 1007.4504—7 Reporting of royalties. Subpart NN— Special Clauses Subpart SS— Clauses for Fixed-Price According to the requirements of § 9.110, of this title insert the clause set 1. In § 1007.4051, paragraph (c) of the Type Maintenance, Overhaul and forth in § 9.110(b) of this title. clause in paragraph (a) is deleted; para­ Modification Contracts graph (b) is revised, as follows: 7. Section 1007.4504-10 is revised as 1. Section 1007.4503-7 * is revised as follows: § 1007.4051 Special provisions relating follows: to Air Force equipment upon which § 1007.4504—10 Examination of rec­ work is, to be performed. § 1007.4503-7 Default. ords. 4s * * * * Insert the clause set forth in §8.707 When the contract results from nego­ (b) Definite quantity contracts. The of this title. tiation, insert the clauses set forth in clause set forth in paragraph (a) of this la. Section 1007.4503-10 is added as § 7.104-15 of this title. Contracts re­ section, with the addition of a paragraph follows: sulting from advertising will not contain (c) set forth in this paragraph, will be § 1007.4503—10 Notice to the Govern­ this clause. See also § 1007.4504-8. inserted in all definite quantity contracts ment of labor disputes. in which items are furnished by the Gov­ § 1007.4505-1 [Deletion] ernment for repair or modification to Insert the clause set forth in § 7.104-4 8. Section 1007.4505-1 is deleted. such items. The Schedule will identify of this title. Subpdrt TT— Clauses for Cost-Reim­ the “Air -Force equipment upon which 2. Section 1007.4503-15 is deleted and work is to be performed" as distinct from the following substituted therefor: bursement Type Maintenance, Government-furnished property to be Overhaul and Modification Con­ used in the performance of such work. § 1007.4503—15 Termination for con­ venience of the Government. tracts (c) In the event the Air Force equipment furnished for repair or modification is not Insert the clause set forth in 1. Section 1007.4603-11 is revised as delivered to the Contractor by the time or § 1007.2103-16. If the contract provides follows: times specified in the schedule, the Contract­ for separate reimbursement of parts or ing Officer shall, upon timely written request materials the following paragraph (d) § 1007.4603—11 Excusable delays. made by the Contractor, make a determina­ will be substituted for paragraph (d) of Insert the clause set forth in § 8.708 tion of the delay occasioned the Contractor of this title. thereby, and shall equitably adjust the de­ § 1007.2103-16: livery or performance dates or the contract (d) Subject to the provisions of para­ 2. Section 1007.4604-2 is revised as price,** or both and any other contractual graph (c), and subject to any Settlement follows: provision affected by such delay, in accord­ Review Board approvals required by Sec­ ance with the procedures provided for in the tion VIII of the Armed Services Procure­ § 1007.4604—2 Reporting of royalties. clause of this contract entitled “Changes." ment Regulation in effect as of the date of ** Change “contract price’* to "estimated execution of this contract, the Contractor According to the requirements of cost, fixed fee” if the contract is of a cost- and the Contracting Officer may agree upon § 9.110 of this title, insert the clause set reimbursement type. the whole or any part of the amount or forth therein. F riday, A u gu st 7, 1959 FEDERAL REGISTER 6341

Subpart UU— Clauses for Time and § 1007.5005 Schedule clauses (not man­ tractor will requisition food on AF Form datory outside United States). 1548, “Ration Request," in accordance with Materials Type Maintenance, Over­ paragraph 8d of AFR 146-6. Under normal haul and Modification Contracts § 1007.5005—1 Changes in price based conditions, food is requisitioned five (5) days on variation from estimate. prior to usage. AF Form 1548 will be pre­ 1. Section 1007.4703-6 is revised as pared and issued in triplicate. The original follows: The following clause shall be used in and one copy wUl be submitted to the Food Contractual Feeding Contracts as pre­ Service Officer who will process this form in § 1007.4703—6 Excusable delays. scribed in § 1053.1806(c) of this chapter. accordance with AFR 146—6. The Food Insert the clause set forth in § 8.708 Change in Price Based on Variation F rom Service Officer will assist the Contractor in Estimate estimating daily ration requirements. of this title. Emergency request for rations will also be 2. Section 1007.4703-9 is added as fol­ (a) If the actual number of meals servedmade on AF Form 1548. lows: Under this contract, to other than contractor (2) The Contractor will receive food is­ personnel, varies from the number of meals sued as listed on AF Form 287, “Field Ration § 1007.4703—9 Notice to the Govern­ estimated (in accordance with (b) below) to Issue Slip,” which wUl be transmitted to the ment of labor disputes. be served during any calendar month, the Contractor with the delivery of food. He price paid the contractor for meals served will sign this form and retain one copy Insert the clause set forth in § 7.104-4 in that month shall be adjusted in accord­ for his file, returning the original copy to of this title. ance with the following formula: the Food Service Officer. Emergency rations 3. Section 1007.4704-4 is revised as issued wiU be issued in accordance with the follows: If actual meals Price for meals same procedure. served during served will be (3) The Government will only be respon­ § 1007.4704—4 Data and copyrights. month is fol­ the following sible for furnishing the vehicle and driver lowing percent percent of basic Total payment shall for transportation of subsistence from point According to the requirements of Sub­ of estimated contract price not— meals for subject to the to point. The Contractor wUl be responsible part B, Part 9 of this title and Subpart „month— limitations in for loading, security in transit, unloading, B, Part 1009 of this chapter, insert the Column 3 and placing subsistence in proper storage. appropriate clause set forth therein. (4) Surplus subsistence in storage will be 70-84 ____ 112 Exceed 84% est disposed of as directed by the Food Service 4. Section 1007.4704-5 is added as fol­ reqmts X108% Officer. The Contractor wil execute DD Form lows: basic price. 84-02______108 Exceed 92% est 1150, “Request for Issue or Turn-In,” upon § 1007.4704—5 Limitations on withhold­ reqmts X104% disposal, retaining one copy for his record basic price. and delivering the original copy with the ing payments. 92-100 ___ 104 Exceed est reqmts X basic price. surplus food. According to the requirements of 100-110_____ 94 (5) The Food Service Officer will consoli­ § 7.104-21 of this title, insert the clause reqmts X basic date pastry bakery requirements on AF Form price. 1548 and issue these requirements to the set forth therein. 110-120...... 93 Be less than 110% est reqmts X94% pastry kitchen on AF Form 287. Items of 5. Section 1007.4704-21 is added as basic price. pastry furnished dining halls will be ac­ follows: 120-130______92 Be less than 120% counted for on DD Form 1150. This form will est reqmtsX93% be issued in triplicate; one copy will be re­ § 1007.4704—21 Utilization of concerns basic price. tained by the pastry kitchen, one receipted in labor surplus areas. copy retained in the dining hall, and the (b) Adjustments in price by reason of this original receipted copy will be forwarded to According to the requirements of clause will be made at the end of each calen­ the Food Staff Officer. The copies retained I 7.104-20 of this title, insert the clause dar month for the meals served during that in the pastry kitchen and dining hall may set forth therein. month. The basis for determining the esti­ be disposed of on receipt of audit certificate. § 1007.4705-1 [Deletion] mated number of meals to be served in a Thé pastry kitchen will be required to furnish given month will be obtained by dividing the pastry items for the contractor-operated din­ 6. Section 1007.4705-1 is deleted. total estimated number of meals for the ing halls. Government transportation will entire contract period by the total number be furnished for delivery of pastry items. Subparf VV— Clauses and Schedule of days in that period and multiplying the (e) Preparation and serving of food. (1) results by the number of days in the month Serving of prepared foods will be conducted Provisions for Flight Instruction of involved. in accordance with paragraph 4(d), AFR AFROTC Personnel at Civilian Col­ (c) If the number of meals served in any 146-3 and AFR 160-91. leges and Universities calendar month (to other than contractor (2) Unused and remaining food will be personnel) varies from the estimated re­ handled in accordance with paragraph 4(d), 1. Section 1007.4803-11 is revised as quirements for that month by more than AFR 146-3 and AFR 160-91. follows: 30 percent of such requirements, the Con­ (3) Personnel operating the meat process­ tractor and the Contracting Officer will ne­ ing plant and pastry bakery will comply with §1007.4803—11 Termination for the gotiate an equitable adjustment in the con­ AFM 146-6 and paragraph 5, T.O. 41B1-1-121. convenience of the Government. tract price for that month in the manner (4) Records and accounts for the pastry Insert the clause set forth in § 8.705 provided in the Changes clause of this kitchen, meat plant and field ration dining of this title. contract. halls will be maintained by the Contractor in accordance with AFR’s 146-6, 146-14 and § 1007.5006 Specifications. Subpart XX— Clauses for Food Service 146-15. Pastry storage and issue will be in Contracts The following specifications shall be accordance with Section n i and IV of T.O. used in Food Service Contracts. 41B1—1—121. 1. In § 1007.5003-7, paragraph (c) of (5) The Food Staff Officer will consolidate the clause is revised as follows: (a) Facilities. All kitchens, dining halls meat requirements from AF Form 1548 and and food processing faculties, and all prop­ issue those requirements to the central meat § 1007.5003—7 Record and charge for erty used by the contractor in the perform­ processing plant on AF Form 287. After meat meals served. ance of this contract shall be kept in a items'have been processed, they will be issued clean and sanitary condition in accordance to kitrihens and dining halls concerned on * * * * * with AFR 160-91 and Chapter 3 of AFM AF Form 1150. This form will be made up (c) The Contractor will maintain a sep­146-6. in triplicate in the central meat processing arate meal attendance record, AF Form 1251, (b) Personnel. Food handlers, dining hall plant. It will include the name of the item, tor Contractor personnel. The Contractor and food processing facility attendants, and the weight in pounds and number of con­ shall not invoice or be paid for meals served other personnel coming in contact with tainers. This will include the rendered fat materials, subsistence, or facilities used by Contractor personnel. The Contractor will within the authorized allowance, which will the contractor in the performance of this be delivered direct to the kitchen from the credit to the Government the amount contract wUl comply with provisions of AFR meat processing plant. Transportation will charged for aU meals served to Contractor 160-91 in maintaining the required standard be furnished by the Government for the de­ personnel. The rate of charge for such meals of cleanliness. livery of processed items. The original and shall not exceed the rate established for the (c) Waste disposal. Sanitary and waste duplicate of DD Form 1150 accompanying the same meals pursuant to (b) above. disposal will be handled in accordance with delivery are both receipted in the kitchen. AFR 160-91. The triplicate is retained at the central meat 2. Sections 1007.5005, 1007.5005-1 and (d) Requisition of food. (1) Based on processing plant. The duplicate receipted 1007.5006 are added as follows: the number of rations required, the Con­ copy will be retained in the kitchen and the 6342 RULES AND REGULATIONS original forwarded to the Food Staff Officer. (10) AF Form 148, Senior Cook’s Requi­ 1. Section 173.13(a) Is amended to de­ The duplicate and triplicate copies (retained sition. by the Contractor in the kitchen and meat lete “§ 195.4” and, insert in lieu thereof processing plant) may be disposed of upon (2) If, during the time of performance of“§173.4”. receipt of audit certificate. The meat proc­ this contract, any of the above-listed forms 2. The headnote and the present text essing plant will be required to process meat are amended or superseded by a substitute of § 173.16 are amended to read as requirements for the contractor-operated form, such amended or superseded form follows: dining halls. shall be used in lieu of the above-listed form (f) Menus and special lunches. (1) The when directed by the Contracting Officer. § 173.16 Annual rentals and expendi­ Contractor will adhere to the Master Menu (3) Unless otherwise directed by the Con­ tures for development on mining (AFP 146-1) for the current month, as mod­ tracting Officer, any form used, the original leases other than oil and gas. of which has been transferred to the Gov­ ified by the Base Menu Board. A Contrac­ The provisions of § 171.14 of this sub- tor’s representative will be present at Base ernment, may be disposed of after audit of Menu Board meetings. the Contractor’s account, chapter, or as hereafter amended, are (2) Using Government-furnished packing (1) Preventive maintenance of equip­ applicable to leases under this part. materials, the Contractor will prepare and ment—(a) Maintenance of equipment—(1) (Sec. 6, 41 Stat. 753, sec. 6, 44 Stat. 659) pack box lunches using issued field subsist­ First echelon preventive maintenance for ence as directed by the Food Service Officer, kitchen, food processing facilities, and dining [F.R. Doc.~59-6501; Filed, Aug. 6, 1959; hall equipment will be accomplished by the 8:46 a.m.] who will certify to their preparation and Contractor as required by AFM 146-8. issuance. Such lunches will be added to the (2) Second echelon preventive mainte­ head count of meals served the day such nance for dining hall and food processing lunches are issued and be listed on/ AF Form equipment will be performed by the Gov­ 1251, “Daily Attendance Record,” as “meals ernment. Title 38— PENSIONS, BONUSES, served.” (3) The Contractor will follow AFM 85-5 (3) The same procedure set forth in para­ in carrying out its responsibilities re­ AND VETERANS’ RELIEF graph (b) above will be used in authorizing, garding inspection, lubrication, and main­ preparing, and counting hot meals prepared tenance of tools, equipment, and facilities Chapter I— Veterans Administration for consumption away from the site of work. used by it. (4) Using- Government-furnished packing PART 13— DEPARTMENT OF VET­ materials, the Contractor will prepare and (Sec. 8012, 70A Stat. 488; 10 U.S.C. 8012. ERANS BENEFITS, CHIEF ATTORNEYS pack flight meals as described in AFR 146-16. Interpret or apply secs. 2301-2314, 70A Stat. The menu guide for flight meals in AFR 127-133; 10 U.S.C. 2301-2314) Domestic Relations Questions, Res­ 146-16 will be followed. Flight meals will be prepared and packed on the basis of [seal] Charles M. McDermott, toration to Rolls and Conflict of written instructions received from the Food Colonel, U.S. Air Force, Deputy Laws Service Officer or his authorized representa­ Director of Administrative tive. The Food Service Officer will specify the Services. In ,§ 13.402, paragraphs (a), (b) (2) menu to be used, and the Contractor will be and (3), and (d) are revised to read as [F.R. Doc. 59-6512; Filed, Aug. 6, 1959; follows: paid for the total number of flight meals 8:47 a.m.] prepared and packed. A separate account § 13.402 Domestic relations questions, will be maintained for flight meals prepared and packed. The same sanitary standards restoration to rolls, and conflict of of preparation and food handling will apply laws. to flight meals as other types of food Title 25— INDIANS (a) Subject to the provisions of para­ handling. Chapter I— Bureau of Indian Affairs, graphs (b), (c) and (d) «of this section, Note: Government contract pre-packaged Department of the Interior the Chief Attorney is authorized to pre­ in-flight lunches (1-F7 or equivalent) will pare and release legal opinions on all not be construed as' Contractor-prepared or SUBCHAPTER P— MINING questions submitted relating to the va­ served, and no reimbursement will be made lidity and legal effect of marriages (cere? to the Contractor for their issue as in-flight PART 173— LEASING OF LANDS IN monial or otherwise), divorces, annul­ meals prepared and/or served. CROW INDIAN RESERVATION, ments, ostensible marriages (void or (g) Conservation procedure. The Con­ MONTANA, FOR MINING voidable), adoptions, and legitimacy. tractor shall follow the procedures for con­ (b) In the following instances the servation of food, waste disposal and sanita­ Payments, Annual Rentals and Ex­ tion as set forth in paragraph 4(d), AFR Chief Attorney may refer the request to 146-3. Should the Contractor desire to fol­ penditures for Development on the General Counsel, through channels, low different procedures, he shall obtain the Mining Leases Other Than Oil and or may prepare a tentative opinion, for­ written approval of the Contracting Officer Gas warding same for consideration of the prior to placing such procedures in effect. General Counsel as provided in § 14.501 (h) The forms and directives On page 948 of the Federal Register (b) of this chapter: of February 7, 1959, a notice to amend * * * * * (Legend) §§ 173.13 and 173.16 of 25 CFR was pub­ AF Form—Air Force Form. lished. The purpose of the amendments ( 2 ) Where there is doubt as to whether DD Form—Department of Defense Form. is to change a reference in § 173.13 to its the remarriage of the widow was void or T.O.—Technical Order. new number and in § 173.16 to get uni­ voidable; AFR—Air Force Regulation. (3) Cases involving domestic relations AFM—Air Force Manual. formity in the regulations fixing the in which there are contesting claims; AFP—Air Force Pamphlet. annual rental and expenditures for de­ velopment in tribal mining leases other * * * * * (1) The following forms are authorizedthan oil and gas. (d) The Chief Attorney will forward and directed for use in the performance of to the General Counsel without opinion this contract for the purpose indicated. Interested persons were given 30 days from the date of publication of the no­ questions relating to the resumption of Form No. and Title tice in the Federal Register as an op­ benefits in the following types of cases: (1) AF Form 147, Field Ration Dining portunity to submit their views, data, (1) Where the remarriage of a widow Hall Stock Record. and arguments concerning the proposed was voidable and a decree of annulment (2) AF Form 1548, Ration Request. amendments to the Commissioner of was received by the Veterans Adminis­ (3) AF Form 287, Field Ration Issue Indian Affairs. No objections were tration on or before December 31, 1957. Slip. received within the specified period. (2) Where the marriage of a child was (4) AF Form 679, Cook’s Work Sheet. void or voidable. (5) AF Form 1251, Daily Attendance Rec­ The proposed amendments to 25 ord. CFR, §§ 173.13 and 173.16, are adopted, (Sec. 210, 72 Stat. 1114; 38 U.S.C. 210) (6) DD Form 1150, Request for Issue or without change, and are set forth be­ Turn-in. This regulation is effective August 7, low. These amendments are effective 1959. (7) AF Form 1054, Daily Control S h e e t- upon publication in the Federal Meat Processing Plant Record. Register. [seal] Sumner G. Whittier, (8) DD Form 157, Production Record and Administrator of Veterans Affairs. Summary of Stores. Elmer F. Bennett, (9) AF Form 1255, Meal and Ration Rec­ Acting Secretary of the Interior. [F.R. Doc. 59-6538; Filed, Aug. 6, 1959! ord. August 3,1959. 8:51 a.m.] Friday, August 7, 1959 FEDERAL REGISTER 6343 Manager, Columbia Basin Project, Bu­ Manager shall transmit the application, Title 43— PUBLIC LANDS: reau of Reclamation. Communications his letter to the applicant, and the ap­ should be addressed to Project Manager, plicant’s request and reply to an exam­ INTERIOR Bureau of Reclamation, Post Office Box iner for hearing, and so notify the ap­ 368, Ephrata, Washington. plicant. Chapter II— Bureau of Reclamation, (b) As used in this part the term Department of the Interior “Secretary” means the Secretary of the § 412.7 Cessation or suspension of de­ Interior or his authorized representative. livery of water or cancellation of PART 412— PROCEDURES FOR DETER­ right to receive water; order to show Comunications should be addressed to cause; answer. MINING ELIGIBILITY TO RECEIVE Secretary of the Interior, Washington WATER, COLUMBIA BASIN PROJ­ 25, D.C. (a) In addition to the determinations to be made pursuant to §§ 412.4 and ECT, WASHINGTON § 412.3 Review of water applications by 412.5 and at any time if the Project A notice of intention to issue regula­ Project Manager. Manager determines that, under the tions prescribing the procedures for (a) The Project Manager shall review Columbia Basin Project Act or the regu­ determining eligibility of lands of the each application for water filed with him lations issued thereunder, or the^record- Columbia Basin Project, Washington, to pursuant to Part 404 of this chapter. able contracts executed pursuant to that receive water was published in the Fed­ On the basis of the application and such act, it is improper to deliver water to a eral Register of April 30, 1959 (24 F.R. other information as may be available, farm unit or units, or that the right of 3375). Interested persons were invited he shall initially“ determine whether the the lands to receive water should be to submit, within 30 days of that date, farm unit or units covered by the appli­ cancelled, as provided in the project act comments, suggestions or objections with cation are eligible to receive water for and recordable contracts, he shall issue respect to the proposed regulations, the that irrigation season. an order to show cause why delivery text of which appeared with the notice. of water should not be withheld, stopped No comments, suggestions or objections § 412.4 Favorable action on application. or suspended or the right of the lands have been received. However, § 412.7 has If the Project Manager determines to receive water cancelled. The order been administratively revised to provide that the farm unit or units covered by an shall be sent certified mail, return receipt hearings On actions taken to cancel application are eligible to receive water, requested, to the owner of the farm unit water rights. This was considered by he shall place the unit or units on the or units or to the contract purchaser if representatives of the water users on project’s eligibility list so that the appli­ there is one. the Columbia Basin Project and they cant may be informed thereof. (b) The order to show cause shall endorsed this revision. § 412.5 Unfavorable action on applica­ state the facts and the specific provisions The proposed regulations as revised tion. of the Columbia Basin Project Act, the and set forth below are hereby adopted regulations, or the recordable contracts and will become effective upon publica­ If the Project Manager determines which constitute the reasons for the con­ tion in the Federal Register. that the farm unit or units covered by an clusion that it is improper to deliver application are not eligible to receive E lmer F. B ennett, water, or that the right of the lands to Acting Secretary of the Interior. water, he shall notify the applicant by receive water should be cancelled. The letter sent registered or certified mail, order shall also inform the person to August 3, 1959. return receipt requested. In the letter whom it is issued of the prqvisions of Sec. to the applicant, the Project Manager paragraph (c) of this section. 412.1 Purpose. shall set forth the reasons for his deter­ (c) Within 30 days after receipt of 412.2 Definitions; addresses. mination and shall inform the applicant the order to show cause, the person to 412.3 Review of water applications by Proj­ of his right to answer and to request a whom it was sent must file with or mail ect Manager. ~ hearing before an examiner if the request to the Project Manager an answer, in 412.4 Favorable action on application. is made within the period prescribed in 412.5 Unfavorable action on application. duplicate, to the order. Failure to an­ 412.6 Request for hearing. § 412.6. Also, any lessees or mortgage swer as required will be taken as an 412.7 Cessation or suspension of delivery holders who are listed on the application admission that it would be improper, of water or cancellation of right or who have notified the Project Manager for the reasons stated in the order to to receive water; order to show of their interest should be notified of show cause, to deliver water to the farm cause; answer. such action. unit or units covered by the order, or 412.8 Notice of hearing. § 412.6 Request for hearing. an admission that for those reasons, 412.9 Prehearing conferences. the right of the lands to receive water 412.10 Postponements. (a) If the Project Manager has deterr 412.11 Authority of Examiner. should be cancelled, as the case may be. 412.12 Evidence. mined that the farm unit or units cov­ If, after receipt of the answer, the Proj­ 412.13 Transcripts and fees. ered by an application are not eligible to receive water, the applicant may request ect Manager is satisfied that no reason 412.14 Findings and conclusions; decision exists to withhold, stop or suspend the . by examiner; submission to Secre­ in writing that there be a hearing on the tary for decision. application before an examiner. The ap­ delivery of water or to cancel the right 412.15 Appeal to Secretary. plicant shall not be entitled to a hearing of the lands to receive water, he shall 412.16 Service. unless such a written request is filed with withdraw the order to show cause and 412.17 Basis for decision; record. 412.18 Official notice. or mailed to the Project Manager within notify the person of the withdrawal. 412.19 Extensions of time. 30 days after receipt of the letter in­ Otherwise, the Project Manager shall 412.20 Computation of time. forming the applicant of the determina­ forward a copy of the order to show 412.21 Regulations governing practice be­ tion of the Project Manager. The appli­ cause and the answer to an examiner for fore the Department. cant shall accompany his request with a hearing, and shall so notify the owner 412.22 Power of the Secretary. statement of the reasons why he believes 412.23 Effect of decision pending appeal. or contract purchaser. Lessees and that the farm unit or units are eligible to mortgage holders should also be fur­ Authority: §§ 412.1 to 412.23 issued under receive water. sec. 8, 57 Stat. 20; 16 U.S.C. 835c-4. nished a copy of the order to show cause (b) If, after receipt within the ap­ for their information. § 412.1 Purpose. propriate period of time prescribed in § 412.8 Notice of hearing. ., regulations in this part prescribe paragraph (a) of this section of a written the procedures for determining eligibility request for a hearing on an application The examiner to whom a matter is re­ to receive water on the Columbia Basin before an examiner and upon considera­ ferred by the Project Manager pursuant roject, Washington, and supplement the tion of the statement of reasons made by to § 412.6 or § 412.7 shall fix a place and egulations in Part 404 of this chapter. the applicant, the Project Manager con­ date for the hearing and notify the ap­ cludes that the farm unit or units are plicant or the person to whom the order § 412.2 Definitions; addresses. eligible to receive water, he shall notify to show cause was issued and the Project As use<3 in this part the term the applicant, lessees and mortgage Manager at least 30 days in advance of Project Manager” means the Project holders by letter, otherwise, the Project the date set. The private party and the No. 154----- 3 6344 RULES AND REGULATIONS Project Manager may request or consent testimony of the alleged absent witnesses (b) As promptly as possible after the to an earlier date. The notice shall in­ by deposition. time allowed for presenting proposed findings and conclusions, the examiner clude (a) the time, place, and nature of § 412.11 Authority of examiner. the hearing, (b) the legal authority and shall make findings of fact and conclu­ jurisdiction under which the hearing is The examiner is vested with general sions of law (unless waiver has been to be held, and (c) the matters of fact authority to conduct the hearing in an stipulated), giving the reasons therefor, and law asserted. orderly and judicial manner, to adminis­ upon all the material issues of fact, law, ter oaths, to call and question witnesses, or discretion presented on the record. § 412.9 Prehearing conferences. to take and cause depositions and inter­ The examiner may adopt the findings of (a) The examiner may in his discre­ rogatories to be taken, and to make a fact and conclusions of law proposed by tion, on his own motion or on motion of decision. So far as is not inconsistent one or more of the parties if they are the private party or of the Project Man­ with a prehearing order, the examiner correct. He must rule upon each pro­ ager. direct the parties or their repre­ may seek to obtain stipulations as to posed finding and conclusion submitted sentatives to appear at a specified time material facts and the issues involved by the parties and such ruling shall be and place for a prehearing conference to and may state any other issues on which shown in the record. The examiner will consider: (1) The simplification of the he may wish to have evidence presented. render'a written decision in the case issues, (2) the necessity of amendments He may exclude irrelevant issues. which shall become a part of the record to the pleadings, (3) the possibility of § 412.12 Evidence. and shall include a statement of his obtaining stipulations, admissions of findings and conclusions, as well as the facts and agreements to the introduction (a) All oral testimony shall be under reasons or basis therefor, and his rulings of documents, (4) the limitation of the oath and witnesses shall be subject to upon the findings and conclusions pro­ number of expert witnesses, and (5) such cross examination. The examiner may posed by the parties if such rulings do other matters as may aid in the disposi­ question any witness. Documentary evi­ not appear elsewhere in the record. A tion of the proceedings. dence may be received if pertinent to copy of the decision will be served upon (b) The examiner shall make an order any issue. The examiner will summarily all parties to the case. which recites the action taken at the stop examination and exclude testimony (c) The Secretary may require, in any conference, the amendments allowed to which is obviously irrevelant and im­ designated case, that the examiner make the pleadings, and the agreements made material. . only a recommended decision and that as to any of the matters considered, and (b) Objections to evidence will be the decision and the record be submitted which limits the issues for hearing to ruled upon by the examiner. Such will for consideration. The recommended those not disposed of by admission or be considered, but need not be separately decision shall meet all the requirements agreements. Such order shall control ruled upon in a decision on appeal. for a decision set forth in paragraph (b) the subsequent course of the proceedings Where a ruling of an examiner sustains of this section. The decision by the Sec­ before the examiner unless modified for an objection to the admission of evi­ retary shall be the final decision and good cause by subsequent order. dence, the party affected may insert in shall include such additional findings the record, as a tender of proof, a sum­ and conclusions as do not appear in the § 412.10 Postponements. mary written statement of the substance recommended decision and the record (a) Postponements of hearings will of the excluded testimony, and the ob­ shall include such rulings on proposed not be allowed upon the request of the jecting party may then make an offer of findings and conclusions submitted by private party or of the Project Manager proof in rebuttal. the parties as have not been made by except upon a showing of good cause the examiner. and proper diligence. A request for a § 412.13 Transcripts and fees. postponement must be served upon all (a) Each private party and the Gov­ §412.15 Appeal to Secretary. parties to the proceeding and filed in the ernment, acting through the Project (a) Any party, including the Project office of the examiner at least 10 days Manager will be required to pay the re­ Manager, may appeal from the decision prior to the date of the hearing. In no porter’s fees for the respective testimony of the examiner to the Secretary as pro­ case will a request for postponement of their witnesses, except that: vided in this section. served or filed less than 10 days in ad­ (1) If the decision is adverse to the (b) A person other than the Project vance of the hearing or made at the private party he must pay all of the Manager who wishes to appeal to the hearing be granted unless the party re­ reporter’s fees and the examiner will Secretary must file with or mail to the questing it demonstrates that an extreme notify him of thé amount assessed at Project Manager a notice that he wishes emergency occurred which could not the time he announces his decision. to appeal. The notice of appeal must have been anticipated and which justifies (2) If the decision is adverse to the identify the case and must be filed with beyond question the granting of a post­ Government, the private party will be or mailed to the Project Manager within ponement. In any such emergency, if relieved of payment of any reporter’s 30 days after the person taking the ap­ time does not permit the filing of such fees. peal received the'-decision he is appealing request prior to the hearing, the request (3) If the private party files with the from. No extension of time will be may be made orally at the hearing. examiner 15 days before a hearing an granted for filing this notice. A notice (b) The request for a postponement affidavit supporting a request that the of appeal which is filed late will not be must state in detail the reasons why a private party is financially unable to pay considered and the case will be closed. postponement is necessary. If a request for reporter’s fees, the examiner may, in The notice of appeal may include a state­ is based upon the absence of witnesses, his discretion, approve such request and ment of the reasons for the appeal and it must state what the substance of the relieve the private party from payment any arguments the appellant wishes to testimony of the absent witnesses would of any reporter’s fees. make. An appeal by the Project Man­ be. No postponement will be granted if (b) Each party must pay for any ager shall be effective only if the Proj­ the adverse party or parties file with the copies of the transcript obtained by him. ect Manager advises the other party examiner within 5 days after the service § 412.14 Findings and conclusions; de* within 30 days from the date of decision of the request a statement admitting that cision by examiner; submission to of such appeal. the witnesses on account of whose ab­ Secretary for decision. (c) If the notice of appeal did not in­ sence the postponement is desired would, clude a statement of the reasons for the if present, testify as stated in the re­ (a) At the conclusion of the testi­ appeal, such a statement must be filed quest. If time does not permit the filing mony the parties at the hearing shall be with or mailed to the Secretary with« of such statement prior to the hearing, given a reasonable time by the examiner, 30 days after the notice of appeal is filed the statement may be made orally at the considering the number and complexity or mailed. An appeal may be summai’iiy hearing. of the issues and the amount of testi­ dismissed for failure to mail or file the (c) Only one postponement will be mony, to submit to the examiner pro­ statement of reasons within the time allowed to a party on account of the posed findings of fact and conclusions of required. In any case the appellant wm absence of witnesses unless the party re­ law and reasons in support thereof or to be permitted to file with the Secretary questing a further postponement shall at stipulate to a waiver of such findings additional statements of reasons and the time apply for an order to take the and conclusions. written arguments or briefs within the Friday, August 7, 1959 FEDERAL REGISTER 6345 30-day period after he mailed or filed the by more than one attorney, service upon § 412.23 Effect of decision pending notice of appeal. one of the attorneys shall be sufficient. appeal. (d) The appellant must serve a copy of § 412.17 Basis for decision; record. A decision pursuant to § 412.7 will not the notice of appeal and any statements be effective during the time in which a of reasons, written arguments or briefs The record of a hearing shall consist person adversely affected may file a no­ on each opposite party not later than 15 of the transcript of testimony, the ex­ tice of appeal, and the timely filing of days after filing the document. An ap­ hibits, together with all papers and re-, such notice of appeal will suspend the peal may be summarily dismissed for quests filed in the hearing. The record effect of the decision appealed from failure to serve within the time required. made shall be the sole basis for decision, pending the decision on appeal. How­ (e) If any party served with notice of except to the extent that official notice ever, when the public interest requires, appeal wishes to reply, he must file an may be taken as provided in § 412.18. the person to whom an appeal may be or answer within 30 days after receipt of § 412.18 Official notice. is taken may provide that a decision or the notice of appeal or statement of Official notice may be taken of the any part of it shall be in full force and reasons where such statement was not effect immediately. The Project Man­ included in the notice of appeal. If new contents of the approved plats of survey ager shall recommend to the examiner or additional reasons are filed by the and other public records of the Depart­ when submitting an order to show cause appellant the adverse party shall have 30 ment of the Interior and of any matter of which the courts may take -judicial pursuant to § 412.7(c) whether the de­ days after receipt thereof within which cision shall be suspended pending the to answer them. The answer must state notice. Where a decision in a case in examiner’s decision. The Secretary may the reasons why the answerer thinks the which a hearing has been held rests upon so order an appeal from the examiner. appeal should not be sustained. Answers official notice of a material fact relating must be filed with or mailed to the Secre­ to an issue upon which the hearing was [F.R. Doc. 59-6506; Filed, Aug. 6, 1959; tary, and must be served upon appellant held, the decision will so state and will 8:46 a.m.] not later than 15 days thereafter. Fail­ allow any party upon request to have an ure to answer will not result in default. opportunity to show to the contrary. If an answer is not filed and served with­ Such request must be filed and served - in the time required, it may be disre­ within the time and in the manner pre­ Title 47— TELECOMMUNICATION garded in deciding the appeal. scribed in the decision. Where a deci­ Chapter I— Federal Communications (f) The decision by the Secretary shall sion or recommendation has rested upon Commission be final and copies of the decision will be such official notice and has afforded the mailed to the interested parties. The parties an opportunity to show to the [FCC 59-797] Secretary may, before rendering a de­ contrary, no further opportunity to show to the contrary will be allowed. PART 3— RADIO BROADCAST cision, remand any case for further hear­ SERVICES ing if he considers such action necessary §412.19 Extensions of time. to develop the facts. (a) With the exception of the time Miscellaneous Amendments § 412.16 Service. fixed for filing a notice of appeal, a At a session of the Federal Communi­ (a) Wherever the regulations in this Project Manager, or an examiner, re­ cations Commission held at its offices in part require that a copy of a document spectively, may extend the time for filing Washington, D.C., on the 29th day of be served upon a person, service may be or serving any document that is to be July 1959; made by delivering the copy personally filed with him. The Commission having under con­ to him or by sending the document by (b) A request for an extension of time sideration the provisions of section 315 registered or certified mail, return re­ must be filed within the time allowed for of the Communications Act of 1934, as ceipt requested, to his address of record the filing or serving of the document and amended, the provisions of the above- in the Bureau. must be filed in the same office in which captioned rules, and its Public Notice (b) In any case service may be proved the document in connection with which of October 1, 1958 (FCC 58-936) con­ by an acknowledgment of service signed the extension is requested must be filed. taining, in question and answer form, interpretations and interpretive opinions by the person to be served. Personal § 412.20 Computation o f time. service may be proved by a written state­ with respect to said section 315 and Com­ ment of the person who made such serv­ In computing any period of time pre­ mission rules; and ice. Service by registered or certified scribed for filing and serving a docu­ It appearing that paragraph (d) of mail may be proved by a post office re­ ment, the day upon which the decision the above-captioned rules provides as turn receipt showing that the document or document to be appealed from or follows: was delivered at the person’s record ad­ answered was received or the day of any (d) Records; inspection. Every licensee dress or showing that the document other event after which the designated shall keep and permit public inspection of a could not be delivered to such person period of time begins to run is not to be complete record of all requests for broadcast at his record address because he had included. The last day of the period so time made by or on behalf of candidates for moved therefrom without leaving a for­ computed is to be included unless it is public office, together with an appropriate warding address or because delivery was a Saturday, Sunday, Federal legal holi­ notation showing the disposition made by day, or other non-business day, in which the licensee of such requests, and the charges refused at that address or because no made, if any, if request is granted. Such such address exists. Proof of service of event the period* runs until the end of the records shall be retained for a period of two a copy of a document should be filed in next day which is not a Saturday, Sun­ years; the- same office in which the document day, Federal legal holiday, or other non­ is filed except that proof of service of business day. When the time prescribed And a notice of appeal should be filed in the or allowed is less than 7 days, inter­ It further appearing that said inter­ office of the Secretary if the proof of mediate Saturdays, Sundays, Federal pretations and interpretive opinions re­ service is filed later than the notice of legal holidays, and other non-business quire clarification and supplementation appeal. days shall be excluded in the computa­ in order that candidates for public office (c) A document will be considered to tion. and broadcast licensees may be more have been served at the time of personal fully informed as to their rights and § 412.21 Regulations governing practice obligations under section 315 and the service, of delivery of a registered or before the Department. certified letter, or of the return by the rules and in order to insure the orderly Post office of an undelivered registered Every individual who wishes to prac­ and expeditious disposition of requests or certified letter. tice before the Department of the In­ submitted to such licensees and to the (d) in all cases where a party is terior, must comply with the require­ Commission for “equal opportunities’’ ments of Part 1 of this title. under said section of the Act and under resented by an attorney, service of said rules; and document relating to the proceeding § 412.22 Power of the Secretary. It further appearing that the rules e made upon such attorney and wt Nothing in this part shall be construed proposed to be adopted herein are inter­ eemed to be service on the parts to deprive the Secretary of any power pretive and clarifying in nature; that represents. Where a party is represei conferred upon him by law. they deal with agency procedure and 6346 . RULES AND REGULATIONS practice; that, pursuant to section 4(a) paratory Committees for the Safety of It should be noted, however, that the of the Administrative Procedure Act, Life at Sea Conference, 1960. Commission’s policy does not discourage proposed rule making is not required; 2. The Commission’s Report and Order or prevent the use of single channel and that, pursuant to section 4(c) of the of April 2, 1958 (FCC 58-320), relative “equipment”. The correct term in this Administrative Procedure Act, said rules to radiotelephony for navigational com­ concept is “station” instead of “equip­ may be made effective immediately ; and munication, was in response to both the ment”. The distinction is basic and It further appearing that the Com­ comments received by the Commission significant. It is common knowledge mission’s authority to adopt the proposed as a result of its Notice of July 30, 1957 among radio engineers that an indi­ amendments to its rules is contained in (FCC 57-832), and to the first petition vidual single-channel radio transmitter, sections 4(i), 303(r) and 315(c) of the filed in this matter by the J.E.C. under or an individual single-channel radio re­ Communications Act of 1934, as date of November 27, 1957. The stated ceiver, or any individual unit containing amended; objective of the Commission’s Notice of such a transmitter and receiver, may be It is ordered, That §§ 3.120, 3.290, 3.590 July 30, 1957, was to elicit information described briefly as “equipment” or “ap­ and 3.657 are amended so that the fol­ as to rule amendments that would en­ paratus”. On the other hand, a “sta­ lowing paragraphs are added to each of courage the early voluntary use of tion” is defined by § 8.2(f) of the Com­ said sections : “bridge radiotelephone” (radiotelephone mission’s rules as “A separate radio communication between ships) in the transmitter, or a combination of radio (e) Time of request. A request for interest of increasing safety of naviga­ transmitter(s) and radio receiver(s), equal opportunities must be submitted tion. Accordingly, J.E.C.’s petition of including the accessory equipment re­ to the licensee within one week of the November 27,1957, requested assignment quired for carrying on a definite radio­ day on which the prior use occurred. of a frequency and certain rule amend­ communication service”. The Commis­ (f) Burden of proof. A candidate re­ ments to facilitate the installation of a sion’s policy, apparently misunderstood questing such equal opportunities of the bridge-to-bridge VHF radiotelephone by petitioner, is reflected in paragraph licensee, or complaining of non-compli­ (c) of § 8.106 of the Commission’s rules. ance to the Commission shall have the system in the Delaware River and Bay burden of proving that he and his op­ area. The final and pertinent sentence of that ponent are legally qualified candidates 3. In its petition of April 29, 1958, paragraph is as follows: for the same public office. J.E.C. “noted with satisfaction” that the The requirement of this paragraph (multi­ Commission’s Report and Order of April channel ship station capability) in respect (Sec. 4, 48 Stat. 1066, as amended. Interprets 2, 1958, “did adopt Petitioner’s request to basic type of equipment, may be satis­ or applies sec. 303, 315; 48 Stat. 1082, 1088; (contained in J.E.C.’s first petition) that fied by the provision of (1) multi-channel 47 U.S.C. 303, 315) the proposed Delaware River system be equipment or (2) a plurality of single chan­ It is further ordered, That the above operated without requirements for op­ nel equipments, or (3) a combination amendments shall be effective August 10, erator permits and without the use of thereof, at the option of the station licensee 1959. official call signs”. However, other re­ or the applicant for station license. quests contained in its first petition, ac­ In consequence, it is clear that the Released: July 31,1959. cording to Petitioner’s latest filing, “have Commission’s policy in this respect, while F ederal Communications been completely denied” or “have been prohibiting the use of single channel Commission, adopted in a* form incompatible with the ship stations in this VHF band, has not [ seal] Mart J ane Morris, safety objective”. Petitioner states also prevented or discouraged the use of Secretary. that the Commission’s Report and Or­ single channel equipment as part of a der “appears to be contrary to the gen­ multi-channel ship station. Nothing in [ P.R. Doc. 59-6513; Piled, Aug. 6, 1959; eral sense” of the comments filed in the Rules of the Commission prohibits 8:48 a.m.] response to the Commission’s Notice of or has prohibited compliance by a VHP July 30, 1957, and to J.E.C.’s initial peti­ ship station with § 8.106(c) by use, for tion “in the most important areas”, and example, of a dual-channel transmitter- that the Commission’s action would “al­ receiver unit operable on 156.8 Me and [PCC 59-838] most certainly have an effect directly 156.3 Me at one location on the ship, and PART 7— STATIONS ON LAND IN THE opposite from that sought”. (at a different location on the same ship, MARITIME SERVICES 4. Further, “J.E.C. confirms that the if desired) an entirely separate single­ program it is sponsoring has merit and channel transmitter-receiver unit oper­ PART 8— STATIONS ON SHIPBOARD should be more thoroughly reviewed by able on 156.6 Me or, under the present IN THE MARITIME SERVICES the Commission”. J.E.C. is “certain developmental § 8.805(a), 156.65 Me for that there has been a misunderstanding” developmental bridge-to-bridge commu­ Radiotelephony for Navigational and in its petition for reconsideration nication (in lieu of 156.6 Me for ship- Communication attempts “to explain more clearly what shore communication). This procedure it believes to be sound and basic reasons clearly permitted the installation and 1. This proceeding is in consequence behind the requests that were made in use of the single-channel equipment con­ of a formal petition dated April 29, 1958, its original Petition”. On the other sidered necessary for the developmental for reconsideration of the Commission’s hand J.E.C. believes that “perhaps the program which would meet all technical Report and Order of April 2, 1958, filed Commission’s Report and Order is not and operational features enumerated by by the Joint Executive Committee for the sufficiently clear to the petitioner”. petitioner. Hence, the Commission did Improvement and Development of the 5. Considering first the various misun­ not reject the shipping industry’s recom­ Philadelphia Port Area (hereinafter derstandings reported by Petitioner, it mendation that a bridge-to-bridge called J.E.C.) supported by the Pacific is observed from the instant petition “navigational aid” be provided by using American Tankship Association (letter that: single channel “equipment”. ' Instead, of May 28, 1958) and by the American the Commission’s rules, as amended in Merchant Marine Institute, Inc. (letter The Commission’s total denial of the ship­ response to J.E.C.’s first petition, simply of June 10, 1958), and in consideration ping industry’s almost unanimous recom­ mendation that any bridge-to-bridge naviga­ provided that the multi-channel VHF of related developments which have tional aid be accomplished by using single system be continued in force for all VHF occurred since that time, including pro­ channel equipment (is) most difficult to licensed ship stations until the single mulgation by the Radio Technical Com­ understand. channel VHF system had been proven, under developmental licenses, effective mission for Marine Services (RTCM) of Petitioner further states that “it is aware its Special Committee No. 39 Report in actual practice for the contemplated of the Commission’s long standing policy purpose. In this connection, present (SC-39), adoption by the United States of discouraging the use of single channel Government of its Proposals for revision equipment in the 156 Me to 162 Me mari­ § 8.805(b) provides: of Articles 28 and 34 and Appendix 12 time mobile band (except in the case of In the case of ship stations, if desired, the regular minimum VHF channel requirements of the International Radio Regulations low powered equipment) and takes no pursuant to Rule § 8.106(c), including a ship- of Atlantic City, 1947, and recent delib­ exception to this policy as it is applied shore channel in this band, may be author­ erations of the Safety of Navigation to the concept of a VHF (Very High ized under regular ship station license -(eithe^ Committee of the United States Pre- Frequency) communications system”. existing or new installation) with a sup- 0 Friday, A ugu st 7, 1959 FEDERAL REGISTER 6347 elemental developmental license for the for use and this is defined by Commis­ —operation of developmental stations on the same ship issued to cover trial operation on sion § 8.7(g) as “A system of telecom­ particular frequency 156.65 Me on board ship 156.65 Me. ,~ shall, without exception, be by and under munication set up for the transmission the control of the master or duly authorized As provided by § 8.805(a), the frequency of speech, or in some cases, other navigating personnel of the ship, including 156.65 Me could be substituted under de­ sounds”. On the other hand, examina­ authorized pilots, as designated by the velopmental license for the otherwise tion of possible classification of this master. required ship-shore channel. An addi­ facility as a “navigational aid” reveals The term “stations” as used therein did tional element of advantage in-the trial the following aspects. The most nearly not exclude stations of a portable na­ operation of a bridge-td-bridge com­ related existing station classification ture. Since the master or duly author­ munication system on 156.65 Me under under Commission rules would seem to ized navigating personnel of the ship developmental ship station licenses, not be “radionavigation mobile station” are not necessarily “authorized pilots”, mentioned by Petitioner, is the fact 'that which is defined by § 8.4 (k) to mean “A this rule provision did not require oper­ use of the VHP calling frequency 156.8 station in the radionavigation service in­ ation of such stations “primarily only Me is not required as an adjunct to in­ tended to be used while in motion or by authorized pilots”. No other rule pro­ tership communication on 156.65 Me, and during halts at unspecified points”. Pro­ vision is apparent which- would have re­ both calling and working can be carried ceeding further, a progressive analysis stricted such operation (solely because out on the latter channel. (Commission of this concept, with reference succes­ of the portable nature of the station) § 8.366(b) (3)). Hence, it appears that sively to. paragraphs (k), (h), (b), (a), primarily to authorized pilots and no J.E.C. may have failed to understand and (g) of § 8.4, reveals that “radionavi­ element of discrimination is perceived. fully the reason for the Commission’s gation service” means “A service involv­ With reference to-preceding interpre­ requirement that shipboard developmen­ ing the use of determination of a position tation (2>, present § 8.805(a) provides tal station installations for trial use of or of a direction by means of the con­ that— a single VHP channel in the maritime stant velocity or rectilinear propagation VHP multi-channel frequency band properties of Hertzian waves intended licenses for limited ship stations (develop­ would, in each case, have to be comple­ solely for the determination of position mental) will authorize operation, as a or direction or for obstruction warning, minimum (except for low-power portable mented by the additional minimum .stations pursuant to rule § 8.106(c) ) on number of VHF channels necessary for in navigation”. Admittedly, the most 156.8 Me, 156.3 Me, and 156.65 Me in lieu of that station to become a part of the only appropriate description and classification the normally required ship-shore channel. maritime multi-channel system in the of various radio navigational aids is a In the case of VHF portable ship stations for VHP portion of the spectrum. In pre­ matter for further study as exemplified use primarily by authorized pilots (plate scribing' this requirement, the Commis­ by the attention being given this subject input power in excess of 3 w atts), these may sion, in the absence of an acceptable by the U.S. Preparatory Committees for be authorized under developmental licenses showing of a need to act otherwise, the 1959 Administrative Radio Confer­ authorizing, as a minimum, only two chan­ merely continued to uphold its long- ence. Petitioner has not yet established nels, 156.8 Me and 156.65 Me * * * sustained and well publicized policy of to the satisfaction of the Commission In essence, this rule provision prescribes not authorizing or recognizing any basic that “bridge-to-bridge telephony” is in that any VHF portable ship station hav­ deviation from effective safety radio fact a “navigational aid” as distinguished ing a plate input power in excess of 3 systems within its jurisdiction, unless from “telephony” used as a medium for watts must be capable of operation on at experimental or developmental" opera­ the exchange of information relative to least the three specified channels except tion has successfully demonstrated that navigation. Petitioner h as requested that only two-channel (dual-channel) such deviation would be a sound course authorization for use of a frequency in capability is required if the station is of action. Consequently, in furtherance the band 156-157 Me. In accordance with used primarily by authorized pilots. of this policy the Commission has, to the International Radio Regulations, Hence, the effect of any “discrimination” date, firmly sustained its multi-channel this band is allocated by the Commission that may be reflected by this provision system requirement for all ship stations for use by ship stations in the maritime merely serves to facilitate use of the (including developmental stations) li­ mobile service. The fact that Petitioner equipment by authorized pilots. With censed in the 156-157 Me marine fre­ proposes that the purported “naviga­ reference to preceding interpretation quency band. Moreover, it is noted that tional aid” operate in this band because (3), there is no discrimination apparent J.E.C. “takes no exception to this policy in its opinion, this band was “an un­ in the purported prohibition against the as it is applied to the concept of a VHP avoidable choice” is not in itself suffi­ use of portable stations as “permanent” communication system—” and under­ cient justfication for reallocation at this stations on board ships irrespective of stands that “the reason for the present time of any frequency in this band to the frequency or power. This regulatory VHP multi-channel requirement is to maritime radionavigation service in provision applies to all stations of a insure that those gaining a general usage order to accommodate Petitioner’s des­ portable nature used aboard ship as is benefit from the use of marine radio ignation of the desired facility as a evident from reference to long-estab­ share safety responsibility with others”. “navigational aid”. lished § 8.71 of the Commission’s rules. 6. The following statement of peti­ 7. Considering Petitioner’s apparent 8. Considering Petitioner’s obvious tioner, because it concerns fundamental further . misunderstanding, that “it is misunderstanding regarding the alleged concepts of radio station and service difficult indeed to see how the Commis­ “subordination of navigational com­ classification relative to section 303 (a), sion can justify” its “discriminatory munications to all other communica­ (b), (c), and (r) of the Communications policy * * * against the use of portables tions”, as evidenced by Petitioner’s Act, is of special in te re s t in this on the bridge-to-bridge channel”, it is statement that “* * * it is difficult to proceeding: observed that the pertinent rules (not understand why the navigational com­ It is believed that confusion has arisen be­ specifically identified by J.E.C.) adopted munications proposed by J.E.C. should cause the proposed navigational aid is being in response to the first petition would, be assigned ‘no priority’' and made sub­ thought of as a communication system. as interpreted by J.E.C., (1) permit the ordinate to all other communications *he proposed system is primarily a naviga­ use of portable stations on board ship regardless of the nature of such com­ tional aid and the use of radiotelephone is primarily by authorized pilots only, (2) munications”, it is observed that J.E.C. only incidental to its method of operation. require dual channel capability for such has reference to § 8.805(a) adopted April It could conceivably operate visually, or by stations if the plate input power ex­ some other method; for the present, how­ 2, 1958, which, among other things, ceeded 3 watts, and (3) prohibit the use provides that— ever, radiotelephone appears to offer the only of portables as permanent stations on practical solution. In all instances, transmission on 156.65 Me this channel (156.65 Me) even whenr-the is subject to the condition, with reference J.E.c.’s conclusion that the proposed ! plate input power did not exceed 3 watts. to rule §§ 7.604(c) and 8.434(c), that harm­ t«n is primarily a navigational aid Petitioner’s interpretation of the Com­ ful interference is not caused to the opera­ advance of operational experience ur mission’s rules applicable to these mat­ tion of stations regularly licensed in an the conditions stipulated, appears tc ters does not agree with the Commis­ established service * * * somewhat premature. In any — sion’s interpretation. With reference to This rule provision is not directed to the telephony is the sole method of preceding interpretation (1), pursuant matter of priority of types of communi­ communication immediately to present § 8.805, paragraph (d) (3) — cation: it simply distinguishes between 6348 RULES AND REGULATIONS established uses of radio and develop­ sion does not agree with J.E.C. that “It to the maritime radio interests of the mental or experimental uses, and assigns would therefore, be unwise to attempt United States. Briefly, it is a coopera­ priority, solely from the point of view the use of presently available portable tive association of U.S. Government and of harmful interference, to established equipment on the 156.65 Me channel”, non-government marine telecommunica­ radio services. This represents a firm especially when one of the objectives of tion agencies. Its constitution, bylaws, regulatory policy which has been the developmental program would, as proceedings, and numerous technical re­ enforced for many years to protect seen from the Commission’s point of ports have been given wide publicity and specific radio functions, already recog­ view, be a determination of the opera­ distribution among maritime and gov­ nized as serving the public interest, from tional feasibility of providing the desired ernment interests. Its findings are in possible interference caused by develop­ exclusive channel in the future, possibly the nature of coordinated recommenda­ mental or experimental operation. by allocation of 156.65 Me or some other tions to all United States organizations Although experimental or developmental currently unassigned 50 kc “mid-chan­ concerned and are open to public inspec­ stations serve the public interest by way nel” in this band if such allocation would tion as desired. It is not an official of providing technical data or opera­ not then be at variance with applicable agency of the Government, however, and tional information of value concerning International Radio Regulations.» its recommendations may not be re­ establishment of a possible new function 10. Finally, Petitioner .refers to the garded as statements of official govern­ or service, or improvement of an exist­ time required for the proposed develop­ ment policy unless so enunciated by the ing service, it is generally conceded that mental program and reports that it does respective government agency having they must not cause harmful interfer­ not believe its members or the industry statutory jurisdiction of the matters to ence to established services. This policy in general would “react favorably to the which RTCM recommendations relate. is in accordance with section 303 (f), (g), establishment of this or any other serv­ 12. RTCM Special Committee 39 (SC- and (r) of the Communications Act and ice on a developmental basis with an un­ 39), which conducted the necessary International Radio Regulations 55, 380, realistic cut-off date (June 30, 1959) studies and prepared the text of this 1009, and 1015 of Atlantic City, 1947, such as adopted in the Commission’s Re­ most recent RTCM report on bridge Petitioner seems unaware of the fact port and Order”. Petitioner’s concept radiotelephony, was composed of 46 that the stations proposed to be of a “cut-off” date is reflected by its fur­ members including its chairman, a mem­ licensed for single-channel trial bridge* ther reference to a “technically sound ber of the Federal Maritime Board. Of to-bridge communication would, at the program whose demise is spelled out to these members, 20 were associated with outset, be solely in the experimental or the exact date”. An examination of the commercial shipping interests of the developmental category, and that the Commission’s'Report and Order of April United States, including Pacific Ameri­ order of priority of communications 2, 1958, and associated Rules fails to dis­ can Steamship Association, National prescribed by Commission §§ 7.181(b) close any reference to June 30, 1959 as a Fisheries Institute, Inc., American Pilots’ and 8.177(b) would apply equally and “cut-off” date or as a date of “demise” Association, Lake Carriers’ Association, without discrimination to all such sta­ of the Petitioner’s proposed develop­ J.E.C., American Merchant Marine In­ tions as a class licensed to operate on the mental program. J.E.C. presumably stitute, Inc., and Pacific American Tank- developmental channel involved. had in mind the. statement appearing in ship Association. It is observed that the 9. Petitioner advises that proposed useparagraph 10 of that Order, as well as two last-named have, as previously men­ of the “split-channel” frequency 156.65 the text of associated §§ 7.602(a) and tioned herein, supported the instant Me poses difficult problems in the use 8.805(a), which reads in part: petition of J.E.C. Of the remaining 26 of portable equipment. The problems Developmental stations * * * may be au­ members, 8 were associated with com­ in this respect would seem to be insuf­ thorized to operate for a continuous period, mercial radio interests, 3 were associated ficient receiver selectivity and conse­ from the date of license grant to ànd in­ with maritime labor organizations, one quent interference from an adjacent cluding June 30, 1959, without the necessity was a member of U.S. Power Squadrons channel whose carrier frequency would of license renewal during this period. tnon-commercial), one was a retired be 50 kc higher or lower than that of the Since Commission rules (§§ 7.65(c) and shipmaster, and 13 were members of proposed bridge-to-bridge radiotele­ 8.63(d)) provide that developmental li­ various U.S. Government agencies, in­ phone channel. The question of inter­ censes for coast and ship stations are cluding the Coast Guard (Treasury ference in this type of operation is issued normally on a temporary basis Dept.), the Maritime Administration, related to radiated power from transmit­ for a period not exceeding one year, the and this Commission. During the course ting stations, carrier frequency stability, quoted rule provision, in effect, waived of its studies, SC-39 solicited and re­ frequency deviation in modulation, au­ the normal license period in favor of an ceived written opinions relative to its dio-frequency band width, and geo­ extended period for such developmental problem from 723 masters of United graphic separation of stations, as well as licenses as might be issued before June States vessels. Among other things, the receiver selectivity mentioned by Peti­ 30,1958 in behalf of the bridge-to-bridge RTCM through formal adoption1 by its tioner. J.E.C. is of the opinion that the communication program and established Executive Committee of the SC-39 Re­ receiver selectivity of “presently avail­ a common expiration date for all such port, recommends that— able” (April, 1958) portable equipment licensees in order to facilitiate Commis­ If early voluntary evaluation and imple­ is inadequate for use in split-channel sion action concerning possible renewal mentation of bridge-to-bridge radiotele­ service (50 kc carrier separation of ad­ of those licenses. This distinction is the phone by vessels of the United States is de­ jacent channels). In assigning the fre­ only apparent difference between ad­ sired, the FCC Regulations should quency 156.65 Me for developmental ministration of this developmental pro­ (a) Designate a specific VHP frequency bridge-to-bridge communication, how­ gram and other developmental programs which may be used for navigational ex­ ever, the Commission gave due consider­ changes in open waters, inland waters, and in other fields. In port areas; 8 ation to all related technical factors 11. As set forth in the first paragraph (b) Authorize exemption from multi­ based upon adopted international stand­ of this Report and Order, certain perti­ channel requirement for equipment oper­ ards as well as the result of comparable nent developments which merit attention ating only on a single frequency if the VHP operation in the several domestic have occurred since the instant petition equipment is authorized solely for naviga­ land mobile services utilizing channel was filed with the Commission. The tion and scene-of-action purposes, and pro* separations of the order of 50 kc or less. vided the ship station is fitted with and event believed most significant concern­ authorized for other maritime mobile serv­ Attention is invited to the fact that the ing the general subject of bridge (VHP technical operating conditions pre­ ice frequencies or equipment to meet the scribed by the Commission’s rules for intership) radiotelephone communica­ general and safety communication needs of bridge-to-bridge communication were tion was the adoption and promulgation the vessel. generally comparable to those specified by RTCM of its report on “Installation Of Bridge-to-Bridge Direct Radiotele­ 1 An action from which the representative by Recommendation No. 223 of the of the Federal Communications Commission, Eighth C.C.I.R. (International Radio phone Communication” (SC-39) under because of the instant petition, abstained. Consultative Committee), Warsaw, 1956, date of November 18, 1958, concluding 8 The carrier frequency 156.3 Me has been and by the International Maritime a special study by that body which had available under the Commission’s rules for VHP Radiotelephone Conference of the been in progress since July 1957. RTCM such use between ships, among other usage, Hague, 1957. Accordingly, the Commis- is an established organization well known for several years.

x Friday, August 7, 1959 FEDERAL REGISTER 6349 13. As already explained in paragraphtitioner’s bridge radio-telephone evalu­ While much attention has been given 5 of this Report and Order, it has been ation project has been subjected to delay. this subject by RTCM and by United permissible under the Commission’s rules 14. The maritime mobile radio service States Preparatory Committees, it ap­ to install and use single-channel (156.65 is recognized generally as a means pri­ pears that to date the United States has Me) VHP equipment as desired by J.E.C. marily for promoting safety at sea. The obtained very little, if any, related prac­ provided additional VHP equipment for multi-channel system, wherein a calling tical experience in seaboard and ocean operation in the same frequency band is frequency and separate working fre­ areas. Hence, the element of time and installed on the same ship as part of the quencies common to all ship stations of the importance of the matter impels the multi-channel VHP communication sys­ the system are used, has been established Commission to take whatever related tem. We observe, however, that the and continuously used in this service al­ action may be reasonable and proper at owners of U.S. flag ocean-going vessels most since its inception. World-wide the earliest possible moment. subject to compulsory radio installations experience over the years has shown the 16. Evaluation of VHF bridge-to- (other than VHP) have not felt the “eco­ effectiveness of this system, especially bridge radiotelephony as used on the nomic need” to install a VHP radiotele­ during emergencies. In respect to Great Lakes reveals a considerable de­ phone (multi-channel) system to sup­ telephony, the system is perhaps best gree of effectiveness. Nonetheless, such plement the present comp u 1 s o r y illustrated by its successful use (on both evaluation has not as yet developed installations (SC-39, pages 5 and 14). 2 Me and VHP) during the last several certain information deemed essential to The position of the ocean shipowners ap­ years on the Great Lakes for intership the resolution of problems concerning pears to be that the installation of VHP navigational and safety communication. ship identification in conjunction with multi-channel equipment is a matter re­ The multi-channel system for VHP op­ the use of radar, and the foreign lan­ lated to economics of vessel operations. eration, although not yet required by the guage problem. The latter may become The introduction of multipurpose VHP International Radio Regulations, has more prominent on the Great Lakes as harbor systems in European ports (SC- been endorsed by the principal maritime more foreign ships utilize the St. Law­ 39, Attachment in , No. 2) is a move nations of Europe (International Mari­ rence Seaway. Accurate radar vessel which should “help to encourage” the time VHP Radiotelephone Conference, identification is a problem clearly recog­ fitting of multi-channel equipment. the Hague, 1957). Further, the Commis­ nized in technical studies made by However, the U.S. owners of ocean-going sion has received a formal resolution RTCM, electronic devices looking toward ships “have not shown much interest in adopted by the Dominion Marine Asso­ a solution are described in its associated the European systems to date and there ciation and the Lake Carriers Association reports, and the electronic industry is are none planned for U.S. ports.” (SC- at Ottawa, Canada, under date of Jan­ seeking a solution to this identification 39, page 6). Although multi-channel uary 19,1959, urging the governments of problem (SC-39, pages 3 and 4). There VHP equipment has been available for Canada and the United States “to con­ is no reason apparent to the Commission several years, the “economic and oper­ tinue in force all rules and regulations why all of the industry efforts to solve ational return to ocean shipowners” requiring that vessels licensed for oper­ these difficult problems should, in this apparently has not yet been found suffi­ ation in the maritime mobile radio­ country, be made in the Great Lakes cient to result in any significant number telephone service be equipped with area only. Despite the demonstrated of installations on ocean vessels (SC-39, multi-channel shipboard equipment.” navigational value of multi-channel VHF page 16). Although the cost of main­ Accordingly, the Commission is reluc­ bridge telephone installations on the tenance and repair for contemplated tant to recognize what might be a pre­ larger Great Lakes ships, a large number inter-bridge communications, single or mature deviation, even on a develop­ of ships in that area are not yet so multiple channel, should not be exces­ mental basis, from this proven system, equipped. Possibly the element of cost sive if the devices conform to the simple, and to justify such recognition we be­ acts as a deterrent. As stated in the relatively rugged construction and de­ lieve that a compelling need in reference House Committee Report of January 3, sign considerations normally utilized in to the statutory standard of public in­ 1957, more voluntary installations of marine engineering (SC-39, page 11), terest should be evident. Petitioner bridge radiotelephones on ocean-going the first cost of a multi-channel VHP probably has evolved such a need, in a U.S. ships will provide needed experience, ship station is of course somewhat higher sense, in view of its firm stand that if and should encourage foreign ships to than that of a single-channel station. the early adoption of bridge-to-bridge make such installations and thereby fa­ Further, the use of a multi-channel ship communication “is to be encouraged” cilitate evaluation of the language prob­ station on an ocean-going merchant it is “necessary” that the Commission lem. As a consequence of RTCM activity, vessel, other than the particular bridge- “authorize use of single-channel equip­ a need has been expressed by many ship­ to-bridge channel, appears to involve ment of adequate power (including port­ masters and navigators for the ability to certain inviolable • operating conditions ables) on the navigational channel with­ exchange navigational information by not present in the use of a single-channel out attempting to tie it into the 156-162 voice with nearby ships, especially in VHF station limited in use to naviga­ Me communication system with its pilot waters. tional communication (SC-39, pages 10 multi-channel concept * * *”. Prefer­ 17. A fundamental question exists as and 11). Thus, there is no real assur­ ably a compelling need based on other to whether trial operation of bridge-to- ance that any progress could be expected factors should be discernible. bridge telephony on an international « we are to wait for VHP shipboard in­ 15. More than two and one-half years basis will demonstrate that radioteleph­ stallations to be made for purposes other have passed since the House Committee ony (as a means of exchanging naviga­ than single-channel bridge-to-bridge on Merchant Marine and Fisheries, in tional intelligence by speech) will be communication (SC-39, page 16). Con­ its Januaryy 3, 1957, report on the safety practicable in view of possible language sequently, in order to accomplish this aspects of the collision between the barriers and national differences in smgle function, it is not believed neces­ vessels “Andrea Doria” and “Stockholm,” nautical parlance. If it proves unwork­ sary by ocean shipowners to fit their invitçd attention to the safety value of able, then some other radio technique vessels with a secondary multi-purpose, bridge-to-bridge radiotelephone com­ for exchanging this navigational infor­ multi-channel radiotelephone system munication and advised that this was a mation may be developed. Hence, it (SC-39, page 6). Hence, we can conclude subject appropriate for study “as a prel­ cannot be predicted at this time whether only that the industry desires, before ude to carrying the subject to the inter­ the proposed facility should in fact be Proceeding to install developmental national level for consideration and accommodated on one of the radiotele­ single-channel VHF ship stations, relief action”. World-Wide adoption of fre­ phone channels in an established mari­ irom the requirement for conformance quencies and regulations for interna­ time mobile service frequency band, or Jo the VHP multi-channel standard by tional maritime VHP usage is expected op a channel in some other band avail­ the installation on shipboard of addi- to be on the agenda of the International able for radio aids to marine navigation. • tional equipment (at least two channels) Radio Conference to revise the 1947 In the event telephony should fail to either on the bridge, in the radio room, prove effective for navigational purposes, Radio Regulations beginning in August then the question of the calling and or elsewhere on the ship. This situation, of this year. Discussion of the possible working system of communication would and n°t any regulatory prohibition value or use bf bridge radiotelephony is of course become irrelevant. Accord­ against single-channel “equipment”, anticipated during the Safety of Life at ingly, the Commission is of the opinion eems to be the primary reason why Pe- Sea Conference in the late spring of 1960. that the latter question may well be held 6350 RULES AND REGULATIONS in abeyance pending the outcome of "assurance” to any radio service or group more complete evaluation of the results early international conferences and an­ of licensees that they will be “carried of such operation on 156.65 Me as may ticipated trial operation of the singlet- forward” upon expiration of licenses “on occur pursuant to the amended rules. channel facility over an extended period, a regularized basis”. The normal ex­ (e) The limiting date of December 31, and that a continued requirement for piration date of April 1, 1961 for initial 1960 for acceptance of applications for multi-channel ship stations for this de­ developmental licenses which would au­ developmental operation on 156.65 Me velopmental project would, at this time, thorize the use of 156.65 Me as provided is prescribed in the attached rules. In not contribute directly to the kind of in the attached rules is based upon time consideration of the developmental or information desired. Moreover, the ^factors relative to the scheduled Safety trial nature of the bridge radio-telephone multi-channel requirement is now gen­ at Sea Convention, 1960, and the effec­ program, the Commission believes that erally conceded to be a distinct economic tive date of the International Radio the number of U.S. stations to be deterrent in reference to achieving early Regulations to be revised the latter part authorized for this program should be installations on a large number of ocean­ of this year by the G eneva Radio sufficient by that date to achieve the going vessels. Therefore, the Commis­ Conference. desired evaluation. In the event condi­ sion concludes that in the interest of 20. Petitioner invites the Commis­ tions at that time should require an ex­ encouraging the larger and more effec­ sion’s attention to the necessity of pre­ tension of this date, the Commission tive use of radio pursuant to section serving, on an international basis at the will duly consider the matter at that 303(g) of the Communications Act, its 1959 International Radio Conference, a time. rules should be amended so as to permit, channel which can be assigned in the 22. In view of the fact that the data under certain stipulated conditions, the manner it has suggested. Subsequent to to be accumulated under the develop­ authorization and use of developmental petitioner’s instant filing, the U.S. Pre­ mental station operation for which pro­ ship stations capable of operation on a paratory Committees for this Conference vision is herein made is necessary for use single VHP channel only. In line with have, in response to RTCM and industry at the Administrative Radio Conference this amendment, the rules should be recommendations, considered this sub­ of the International Telecommunication amended also to permit a maximum au­ ject and appropriate proposals for revi­ Union beginning August 17th of this year thorized transmitter power of 15 watts sion of Articles 28 and Appendix 12 of and at the 1960 Conference to revise the as initially suggested by J.E.C. the International Radio Regulations of International-Convention for Safety of 18. Cognizance is taken of Petitioner’s Atlantic City, 1947, have been adopted Life at Sea, and the fact that the Com­ misunderstandings, discussed previously by the United States Government for mission has heretofore had the benefits, herein, regarding interpretations of presentation at the Conference. as described herein, of extensive public Commission rules relative to (a) use of 21. Other matters not specifically re­ comment concerning radiotelephony for portable stations and (b) priority of quested by Petitioner but believed desir­ navigational communication, and the operation of stations regularly licensed able or necessary by the Commission are further faot that the rule amendments in an established service on other chan­ covered in the attached rules. These herein ordered are temporary in nature, nels over developmental operation on are listed herewith: it is considered to be impracticable and 156.65 Me, as well as Petitioner’s ooncern (a) To facilitate and expedite prog­ unnecessary to comply with the rule over (c) the possible technical problems ress in this developmental project, the making procedures set forth in section of split-channel assignments and (d) special requirement, contained in the 4 (a) and (b) of the Administrative Pro­ the purported “unrealistic cut-off date rules as adopted April 2,1958, that type- cedures Act. For the same reasons and of June 30, 1959” adopted in the Com­ accepted equipment only would be ac­ because the rule amendments herein or­ mission’s Report and Order of April 2, ceptable for developmental licensing, has dered relieve a restriction, compliance 1958. It is not possible to determine been deleted. This restores develop­ with section 4(c) of the Administrative from Petitioner’s filing whether these mental licenses in respect to the fre­ Procedure Act is not required. There­ particular matters would have delayed quency 156.65 Me to the same category fore, it is ordered, That effective August or prevented progress to date in the de­ that exists normally under the Com­ 7, 1959, and pursuant to sections 303 (g) scribed project, if at the same time the mission’s rules for all developmental and (r) of the Communications Act, as multi-channel station requirement had station licenses granted under Parts 7 amended, Parts 7 and 8 of the Commis­ not been imposed. Additional informa­ and 8 of these rules. sion’s rules are amended as set forth tion concerning these matters is not (b) For developmental ship stations, below. It is further ordered, That, inso­ found in the RTCM SC-39 Report or communication on the 156.65 Me channel far as the rule amendments herein the proceedings of the U.S. Preparatory specifically includes authority for ship- adopted are in accord with the rule Committees for the international confer­ to-ship communication for receiving or amendment, suggestions and requests for ences, except that the committees deal­ rendering assistance “at the scene of any additional Commission actions contained ing with telecommunication apparently maritime emergency”. (§ 8.434(d) (1) in J.E.C.’s petition for reconsideration of did not regard “split-channel” operation (i).) This is in accordance with Peti­ April 29, 1958, the petition for reconsid­ (50 kc carrier separation in the 156 Me tioner’s discussion of the subject and eration is hereby granted, and in all band) as a problem of serious magnitude. explanation of the objectives sought to other respects the petition for reconsid­ 19. Petitioner requests also that a be attained. eration is hereby denied. more realistic period be allowed for au­ (c) Applicants otherwise eligible for (See. 4, 48 Stat. 1066, as amended; 47 U.S.C. thorization, purchase, installation, trial, limited coast station licenses (develop­ 154. Interprets or applies sec. 303, 48 Stat. and evaluation of the “proposed naviga­ mental) for operation on 156.65 MC will 1082, as amended; 47 U.S.C. 303) tional aid”, with assurance that if the not be eligible to hold such licenses if program does prove successful it could their eligibility is based solely upon the Adopted: July 29, 1959. be continued and carried forward on a provision of subparagraph (4), para­ Released: August 3,1959. regularized basis. On the latter point, graph (a) of § 7.351 inasmuch ats the F ederal Communications the administrative policy long estab­ frequency 156.65 Me is not authorized for lished by the Commission requires that obtaining information “essential to fur­ Commission, any new kind of radio facility or service [seal] Mary Jane Morris, nishing a ship arrival and departure Secretary. proposed for recognition and regulation service”. (§ 7.501(b) .) by the Commission, if not based upon an (d) Required station records of A. Part 7 is amended as follows: y existing and established technique that operation on the 156:65 Me channel must 1. Section 7.501 is amended by desig­ can be evaluated in reference to the stat­ be retained by each licensee for a mini­ nating the existing text as paragraph utory standard of public interest, must mum period of three years from date of (a) and by adding a new paragraph (b) undergo the necessary developmental entry unless otherwise directed by the as follows: process to establish pertinent facts be­ Commission. Previously, the rules pre­ § 7.501 Supplemental eligibility. fore it can be considered for recognition scribed a concluding date for this re­ on a regular basis. The limitations of quirement which coincided with the (a) An authorization for develop­ sections 303 (r), 307 (d), (e), and 309(d) initial license expiration date. Exten­ mental operation of a station in any of of the Communications Act do not per­ sion of the retention period-is believed the services under this part will be mit the Commission to give unqualified desirable to provide opportunity for issued only to those persons who are Friday, A ugu st 7, 1959 FEDERAL REGISTER 6351 eligible to operate such stations on a have priority on the frequency or fre­ within 30 days of January 1, 1960, in re­ regular basis. quencies r.sed for the service to which spect to licensees whose first develop­ (b) The provisions of § 7.351(a) (4),interference is caused. mental coast station for this purpose in respect to Use of a limited coast sta­ (d) The following provisions apply toshall have been authorized not less than tion or a marine-utility station for ob­ each limited coast station (develop­ 3 months before January 1, 1960; and taining information essential to fur­ mental) licensed specifically to use the within 30 days of April 1,1960 in respect nishing a ship arrival and departure radio channel of which the authorized to licensees whose first developmental service, shall not apply in determining carrier frequency is 156.65 Me when such coast station for this purpose shall have eligibility, for a limited coast station li­ station is operating on this radio been authorized not less than 3 months cense (developmental) to operate on the channel : before April 1, 1960; and within 30 days radio channel of which the authorized (1) Communication is authorized with of September 1, 1960, in respect to li­ carrier frequency is 156.65 Me. ship stations operating on this radio censees whose first developmental coast channel, including foreign ship stations, station for this purpose shall have been 2. Section 7.503 is amended by adding for transmitting or receiving information authorized not less than 3 months before a new paragraph (d)s as follows: concerning maritime radiolocation or for September 1, 1960. § 7.503 Assignable frequencies. communication essential for the current § 7.508 [Deletion] * * * * * passage of a ship or ships through locks, (d) In addition to the authorized car­bridge areas, and government controlled 5. The text of § 7.508 is deleted in its rier frequencies designated in § 7.356 for waterways. entirety. use by limited coast stations, the fre­ (2) Communication is authorized for 6. Subpart M of Part 7 is amended by quency 156.65 Me may be licensed as an brief tests with ship stations, if requésted adding new §§ 7.508 and 7.509 as follows: authorized carrier frequency for use ex­ by such stations, solely to determine § 7.508 Initial period of license for op­ clusively by developmental land stations whether the developmental ship station eration on 156.65 Me. equipment is in effective operating for operational evaluation of a VHP condition. Irrespective of paragraph (c) of § 7.65, single-channel radiotelephone facility each initial license for a limited coast for the exchange of marine navigational 4. Section 7.506 is amended by desig­station (developmental), which author­ information with developmental ship nating the first full paragraph following izes operation on» the radio channel of stations. Each such station is classified the title of the section as paragraph (a), which the authorized carrier frequency on a temporary basis, pursuant to para­ by designating existing paragraphs (a) is 156.65 Me, shall be issued on a tempo­ graph (g) of § 7.3 and paragraphs (a) through (f) as subparagraphs (1) rary basis for a period normally begin­ and (d) of § 7.6, as a “limited coast sta­ through (6), and by adding a new para­ ning when granted by the Commission tion (developmental)”, employing te­ graph (b)*as follows: and normally ending at 3:00 a.m., e.s.t. lephony by means of frequency modula­ § 7.506 Report of operation required. on April 1, 1961. This provision, how­ tion for transmission and reception on ever, shall not preclude the granting of the same radio channel, subject to and (a) A report on the results of the applications under this subpart for spe­ in accordance with the provisions of developmental program shall be filed cial temporary station authorizations in Subpart E of this part except that, unless with and made a part of each applica­ accordance with § 7.41 to expire prior to the station authorization provides other­ tion for renewal of authorization, or in April 1, 1961. wise, the maximum authorized transmit­ cases where no renewal of authorization ter power shall be 15 watts (for both in­ is requested, such report shall be filed § 7.509 Time limit on filing of initial stalled and portable stations, and within 60 days of the expiration of such applications for operation on 156.65 frequency deviation at ICO per cent authorization. Matters which the ap­ Me. modulation shall not exceed 15 kc. plicant does not wish to disclose publicly Applications for developmental limited 3. Section 7.504 is amended by revis­ may be so labeled ; they will be used coast station licenses to authorize, ini­ ing the existing texts of paragraphs (a), solely for the Commision’s information tially, operation on the radio channel of (b) and (c) and by adding a new para­ and will not be publicly disclosed without which 156.65 Me is the authorized car­ graph (d) as follows: permission of the applicant. The report rier frequency may not be filed after shall include comprehensive and detailed December 31, 1960. Any such applica­ § 7.504 Use of developmental stations. information on the following: tion received by the Commission after (a) Developmental stations shall be (1) The final objective of the develop­ that date will fee returned to the appli­ mental operation. cant as provided by § 7.27. constructed and used in such manner as (2) Pertinent results of operations to to conform with all applicable technical Note : If, in the discretion of the Com­ and operating requirements contained in date. • . mission, a need develops for extension of this this part, unless deviation therefrom is (3) Analysis of the results obtained. time limit on filing this category of appli­ specifically provided in the station au­ (4) Copies of any published reports. cation, the Commission will take such action (5) Need for continuation of the pro­ in the matter as it then deems appropriate. thorization, in paragraph (d) of this gram if such need exists. section, or in other sections of this § 7.602 [Deletion] subpart. # (6) Number of hours of operation on each authorized frequency during the 7. The text of § 7.602 is deleted in its Note: Such requirements are those appli­ term of the license to the date of the entirety. cable to the corresponding established class report. B. Part 8 is amended as follows: of station including provisions relating to operator requirements, station records, sta­ (b) The following supplementary pro­ 1. Section 8.431 is amended by desig­ tion documents, and assignments of call visions apply to the operation of each nating the existing text as paragraph signs. limited coast station (developmental) on (a) and by adding a new paragraph (b) the radio channel of which the author­ as follows: (b) Communication with any station ized carrier frequency is 156.65 Me: § 8.431 Supplemental eligibility. ?f a country other than the United States (1) Station records shall be main­ is prohibited unless specifically author­ tained as required by §§ 7.115, 7.192, and (a) An authorization for develop­ ized by the terms of the station authori­ 7.370 except that all such records shall, mental operation of a station on .board zation, by paragraph (d) of this section, unless otherwise directed by the Com­ ship in any of the services under this or by other sections o' this subpart. mission, be retained by the licensee for part will be issued only to those persons (c) The operation of a developmental a period of not less than three years who are eligible to operate such stations station is subject to the condition that from date of entry. on a regular basis. harmful interference is not caused, to the (2) A report on the results of the de­ (b) Eligibility for limited ship station operation of stations regularly licensed velopmental program shall be filed by license (developmental) to operate on ih an established service under any part each licensee, or by one or more such the radio channel of which the author­ i the Commission’s rules, nor to the licensees acting jointly as a coordinated ized carrier frequency is 156.65 Me, in service of any United'States Government group, within 60 days of the expiration respect to the classes of ships on which station or any foreign station which, in of each developmental station license. such stations may be used, is limited to the discretion of the Commission, may Additionally, such reports shall be filed commercial transport vessels (including No. 154----- 4 «352 RULES AND REGULATIONS pilot boats) and vessels of municipal or station or any foreign station which, in of each developmental station license. state governments, and, provided a suffi­ the discretion of the Commission, may Additionally, such reports shall be filed cient showing of need therefor is made, have priority on the frequency or fre­ within 30 days of January 1, 1960, in other vessels; and further provided, that quencies used for the service to which respect to licensees whose first develop­ each such vessel shall be deemed eligible interference is caused. mental ship station for this purpose shall to use this class of station (either in­ (d)(1) The following provisions apply have been authorized not less than 3 stalled or portable) only when there is to each limited ship station (developmen­ months before January 1, 1960; within installed on board the same vessel an tal) licensed specifically to use the radio 30 days of April 1, 1960 in respect to operable ship radio station licensed for channel of which the authorized carrier licensees whose first developmental ship telegraphy in the band 415 to 515 kc frequency is 156.65 Me when such station station for this purpose shall have been (including operation on 500 kc), or for is operating on this radio channel: authorized not less than 3 months before telephony in the band 1600 to 3500 kc (1) Communication is authorized pri­ April 1, 1960; and within 30 days of (including operation on 2182 kc) or in marily with other ship stations operating September 1, 1960 in respect to licensees the band 156.25 to 157.45 Me (including on this radio channel, including foreign whose first developmental ship station operation on 156.8 Me, on 156.3 Me, and ship stations, for transmitting or receiv­ for this purpose shall have been author­ on at least one ship-shore channel in this ing marine navigational information (in­ ized not less than 3 months before Sep­ band or developmentally on 156.65 Me). cluding radar information) concerning tember 1, 1960. the current passage of a ship or ships, 2. Section 8.433 is amended by adding 5. The text of § 8.437(a) is amended or for receiving or rendering assistance to read as follows: a new paragraph (d) as follows: at the scene of any maritime emergency. § 8.433 Assignable frequencies. (ii) Communication is authorized sec­ § 8.437 Identification of station. * * * * * ondarily with land stations used in con­ (a) (1) The radiotelegraph and radio­ (d) In addition to the authorized car­ nection with the passage of ships through telephone emissions of a developmental rier frequencies designated in §§ 8.351 locks, bridge areas, and government con­ station on board ship shall be clearly and 8.359 for use by ship stations, the trolled waterways, and with land stations identified in the manner provided in frequency 156.65 Me may be licensed as as necessary to transmit or receive ma­ §§ 8.326 and 8.364, respectively. an authorized carrier frequency for use rine navigational information to or from (2) Exceptionally, a limited ship sta­ exclusively by developmental mobile sta­ shore radiolocation stations. tion (developmental), when using teleph­ tions for operational evaluation of a VHP (iii) Communication is authorized for ony on the radio-channel of which 156.65 single-channel radiotelephone facility brief tests with ship or coast stations Me is the authorized carrier frequency, for the exchange of marine navigational solely to determine whether the devel­ may be identified by name of the ship in information. Each such station is classi­ opmental ship station equipment is in lieu of announcing the official ship sta­ effective operating condition. tion call sign. fied on a temporary basis, pursuant to (2) Subject to the provisions of paragraph (f) of § 8.3 and paragraphs § 8.438 [Deletion] (a) and (c) of § 8.5, as a ‘limited ship § 8.155(a), and provided the conditions station (developmental) ”, employing set forth in § 8.137(b) (1) through (4) 6. The text of § 8.438 is deleted in its telephony by means of frequency mod­ are complied with, the licensed radio entirety. ulation for transmission and reception transmitting apparatus may be operated 7. Subpart Q of Part 8 is amended by on this radio channel by a person not adding new .§§ 8.438 and 8.439 as follows: on the same radio channel, subject to holding a radio operator license issued by and in accordance with the provisions of the Commission. This provision is not § 8.438 Initial period of license for op­ Subpart E of this part except that the eration on 156.65 Me. maximum authorized transmitter power construed to require type acceptance of shall be 15 watts (for both installed and the transmitting equipment for use Irrespective of paragraph (d) of § 8.63, under the provisions of this subpart. each initial license for à limited ship sta­ portable stations), and frequency devia­ (3) Operation of the station, except tion (developmental), which authorizes tion at 100 percent modulation shall not adjustments and tests by a duly licensed operation on the radio channel of which exceed 15 kc. radio operator in accordance with the authorized carrier frequency is 156.65 3. Section 8.434 is amended by revising § 8.155(a) (5), shall be by and under Me, shall be issued on a temporary basis the existing texts of paragraphs (a), (b) the control of the master of the ship or for a period normally beginning when and (c) and by adding a new paragraph any member of the ship’s navigating per­ granted by the Commission and normally (d) as follows: sonnel, including local pilots, as desig­ ending at 3:00 ajm., e.s.t., on April 1, nated by the master. § 8.434 Use of developmental stations. 1961. This provision, however, shall not 4. Section 8.436 is amended by addingpreclude the granting of applications un­ (a) Developmental stations on board a new paragraph (b) as follows: der this subpart for special temporary ship shall be constructed and used in station authorizations in accordance such manner as to conform with all ap­ § 8.436 Report of operation required. with § 8.41 and paragraphs (d) and (e) plicable technical and operating require­ * * * * * of § 8.63, to expire prior to April 1, 1961' ments contained in this part, unless (b) The following supplementary pro­ § 8.439 Time lim it on filing o f initial deviation therefrom is specifically pro­ visions apply to the operation of each vided in the station authorization, in applications for operation on 156.65 limited ship station (developmental) on Me. paragraph (d) of this section, or in other the radio channel of which the author­ sections of this subpart. ized carrier frequency is 156.65 Me: Applications for developmental ship Note: Such requirements are those appli­ (1) Station records shall be main­ station licenses to authorize, initially, cable to the corresponding established class tained as required by §§ 8.115, 8.184, and operation on the radio channel of which of station including provisions relating to op­ 8.368 except that all such records shall, 156.65 Me is the authorized carrier fre­ erator requirements, station records, station unless otherwise directed by the Commis­ quency may not be filed after December documents, and assignments of call signs. sion, be retained by the licensee for a 31, 1960. Any such application received (b) Communication with any station period of not less than three years from by the Commission after that date will of a country other than the United States date of entry. be returned to the applicant as provided is prohibited unless specifically author­ (2) With reference to § 8.368(a) (5), by § 8.27. * ized by the terms of the station authori­ the same entries concerning each watch Note: If, in the discretion of the Commis­ zation, by paragraph (d) of this section, maintained on the frequency 156.65 Me sion, a need develops for extension of this or by other sections of this subpart. time limit on filing this category of appli­ shall be made as required in that sub- cation, the Commission will take such action (c) The operation of a developmental paragraph in respect to a watch on 2182 in the matter as it then deems appropriate. station is subject to the condition that kc. harmfill interference is not caused to the (3) A report on the results of the § 8.805 [Deletion] operation of stations regularly licensed developmental program shall be filed by 8. The text of § 8.805 is deleted in its in an established service under any part each licensee, or by one or more such entirety. of the Commission’s rules, nor to the licensees acting jointly as a coordinated [F.R. Doc, 59-6514; Filed, Aug. 6, 1959! service of any United States Government group, within 60 days of the expiration 8:48 a.m.] F riday, A u gu st 7, 1959 FEDERAL REGISTER 6353

PROPOSED RULE MAKING

airboat on the lands and waters of the filed by O’Neill Broadcasting Company DEPARTMENT OF THE INTERIOR United States only as may be authorized (KJEO, Fresno, Channel 47) and by a valict special permit issued by the Bakersfield Broadcasting C om pany Fish and Wildlife Service officer in charge, which permit may limit (KBAK-TV, Bakersfield, Channel 29) ; [ 50 CFR Part 34 1 the period during which such permit is and replies urging an extension filed by valid and the area in which such airboats Triangle, Kern County Broadcasting CHASSAHOWITZKA NATIONAL WILD­ may operate: And provided further, That Company (permittee of KICU, Bakers­ LIFE REFUGE, FLORIDA th’e use of speedboats and racing craft is field, Channel^ 17), and Marietta. prohibited except for official purposes. 2. The arguments advanced in support Hunting of Migratory Game Birds (e) Checking stations. Hunters, uponof the requested extension of 60 days Notice is hereby given that pursuant entering or leaving the hunting area, may be summarized as follows: (1) the to the authority contained in section 10 diali report at such checking stations as proceedings involved are complex and in­ of the Migratory Bird Conservation Act may be established for regulating the volved, so that more time is needed for of February 18, 1929 (45 Stat. 1224; 16 hunting. the preparation of comments which will U.S.C. 715i), and under authority dele­ (f ) State cooperation. State coopera­ be adequate and helpful; (2) this matter gated by Commissioner's Order 4 (22 F.R. tion may be enlisted in the regulation, has been pending for a considerable time 8126), it is proposed to revise §34.46 management, and operation of the public already, and there is no need for emer­ of Subpart—Chassahowitzka National hunting area, and the State may pro­ gency expedition because there are now Wildlife Refuge, Florida, Chapter I, Title mulgate such special regulations as may three operating stations in Fresno, with 50, Code of Federal Regulations, to read be necessary for such regulation, man­ three networks; (3) in reliance on the as set forth in tentative form below. agement, and operation. In the event Commission’s earlier general statement Hie purpose is to extend the regulation such State regulations are promulgated, announcing the usual “August recess,” which will permit annual hunting of compliance therewith shall be a requisite legal and engineering counsel have made migratory game birds on the Chassa­ to lawful entry for the purpose of plans for vacations during August, and howitzka National Wildlife Refuge in hunting. unless the time is extended vacations accordance with existing State proce­ [F.R. Doc. 59-6500; Filed, Aug. 6, 1959; during the usual period will not be pos­ dures and regulations. 8:46 1a.m.] sible. O’Neill’s opposition is based Interested persons may submit in largely on the argument that an expedi­ duplicate written comments, suggestions, tious decision is required if there is to or objections with respect to the proposed be any chance of getting service to revision to the Director, Bureau of Sport Fresno under the new VHF assignments Fisheries and Wildlife, Washington 25, before the winter season makes construc­ D.C., within thirty days of the date of tion impossible. O'Neill also asserts that publication of this notice in the Federal [ 47 CFR Part 3 1 Triangle and other parties now seeking Register. extensions have filed numerous com­ [Docket No. 11759; FCC 59-857] ments in the past and are therefore fa­ Dated: August 3, 1959. miliar with the subject matter. TELEVISION BROADCAST STATIONS D. H. Janzen, 3. Upon consideration of these plead­ Director, Bureau of ¡Sport Table of Assignments: Fresno, Bakers­ ings, we are of the view that the requests Fisheries and Wildlife. field, Salinas, and Santa Barbara, for extension of time must be denied. There is merit in the argument that Tri­ § 34.46 Hunting of migratory game Calif.; Goldfield and Tonopah, Nev. birds permitted. angle and many of the other interested 1. The Commission has before it forparties are familiar with the subject Subject to compliance with the provi­ consideration: matter involved in this case, as shown sions of Parts 6, 18, and 21 of this chap­ (1) The Memorandum Opinion and by the numerous pleadings which they ter, the hunting of migratory game birds Order, Notice of Further Proposed Rule have filed urging and opposing the vari­ is permitted on the hereinafter described Making, and Orders To Show Cause (FCC ous proposals involved. Therefore it lands of the Chassahowitzka National 59-723), adopted in this proceeding on does not appear that meeting the August Wildlife Refuge, Florida, subject to the July 15, 1959 (issued July 17, 1959); and 24 date will either impose an undue bur­ following conditions, restrictions, and (2) “Petition for Extension of Time” den upon the parties or their legal and requirements: filed July 21, 1959, by Triangle Publica­ engineering counsel, or result in short­ (a) Hunting, area. The following de­ tions, Inc. (Radio and Television Divi­ comings or inadequacies in the presenta­ scribed area is open to hunting: sion) , licensee of KFRE-TV (Fresno tions made. The expeditious solution of ' Starting at the southwest corner of Section Channel 12), asking that the time for the problem of providing fully competi­ 30, Township 20 South, Range 17 East, Tal­ filing comments in response to the fur­ tive services in these major markets is lahassee meridian, thence north 34 chains ther notice of rule making, and the time an objective of great importance, and the to a point, thence west 22 chains to the place requested extension is inconsistent with of beginning; thence in Township 20 South, for KFRE-TV to file its response to the «auge 16 East, west 320 chains to a point, Order To Show Cause looking toward that objective. The fact that there have thence north 80 chains to a point, thence east changing its channel assignment from been unavoidable delays in this matter 320 chains to a point, thence south 80 chains Channel 12 to Channel 9, be extended up to now is no reason why further de­ to the place of beginning. from August 24, 1959 (the date specified lays should be permitted where, as here, in the Notice and the Show Cause Order) it is possible to avoid them. Likewise, (b) State laws. Strict compliance the fact that UHF stations are actually with all State laws and regulations is to October 23,1959, with a corresponding required. extension of time for filing reply com­ in operation in Fresno and Bakersfield ments in the rule making proceeding; does not remove the need for expedition (c) Hunting dogs. Hunting dogs, not in reaching a solution which will pro­ to exceed two per hunter, may be used (3) Similar requests for extension of time to file comments and replies in vide fully competitive services. With for the purpose of hunting and retriev­ respect to the contention concerning the es. but such dogs shall not be permitted response to the Notice—all seeking the to run at large on the refuge. date of October 23,1959, for comments— “August recess”, it is true that by Public filed by Marietta Broadcasting, Inc. Notice of April 29, 1959, we announced (d) Use of boats. Subject to the pro­ (KERO-TV, Bakersfield, Channel 10), that there would be no hearings or oral visions of Part 6 of this chapter, the use Great Western Broadcasting Corpora­ arguments during August, and no meet­ of boats for the purpose of hunting is tion (KXTV, Sacramento, Channel 10), ings in that month after August 1; we Permitted: Provided, That any person and Golden Empire Broadcasting Com­ stated that “This summer recess is a .who enters the public hunting area for pany (KHSL-TV, Chico, Channel 12); convenience to vacationing and other the purpose of hunting may operate an oppositions to the requests for extension planning by those who do business with 6354 PROPOSED RULE MAKING the Commission.” We did not thereby Station KSBW-TV is in operation) from in Paragraph 29 of the Memorandum mean to indicate that the Commission’s plus to minus. It appears that no other Opinion and Order, Notice of Further processes would come to a complete halt; changes would be required. Accordingly, Proposed Rule Making, and Orders to such a result would clearly be inconsist­ we are issuing the present Supplemental Show Cause (FCC 59-723, released July ent with the public interest. Notice to give interested parties an op­ 17, 1959), is modified to read as follows: 4. One other matter remains in con­portunity to comment. Since the matter nection with our recent action herein. involved is a simple one, the August 24 In the Memorandum Opinion and Order date previously set for comments will af­ Channel No. and Notice of Further Proposed Rule ford a reasonable time for comments City Making referred to, we proposed to as­ upon this additional aspect of the prob­ Present Proposed sign Channel 8 to Bakersfield, and did lem, and we are not, therefore, providing not mention the matter of what offset any additional time for comments or Bakersfield, Calif______10-, 17, 29, 8+, 10—, 12+, 39+ 17,29,39+ should be used in connection with this replies relating thereto, beyond the dates Fresno, Calif______I2+, *18-, 2- , 5- , *7+, assignment. It appears that any oper­ of August 24 for comments and Septem­ 24,47,53 9-, 53 Salinas-Monterey, Calif... 8+, 35 8-, 35 ation on Channel 8 in that city will in­ ber 8 for replies which now obtain. 9 - volve some change in offset on the part 5. In view of the foregoing: It is or­ 5 - of one or more stations now operating on dered, That the “Petition for Extension Channel 8 in Western cities. At the time of Time” filed herein on July 21,1959 by '.-•Adopted : July 30/1959. of the issuance of the Further Notice we Triangle Publications, Inc. (Radio & had not yet determined what solution in Television Division), and the other Released: August 4, 1959. this respect would involve the fewest changes in existing Channel 8 assign­ aforementioned petitions and statements F ederal Communications ments. It now appears that the prefer­ requesting extensions of time herein, are Commission, able approach would be to assign denied. [seal] Mary Jane Morris, Channel 8 plus to Bakersfield, and 6. It is further ordered, .That the pro­ Secretary. change the assignment of Channel 8 at posal for changes in the Table of Assign­ [F.R. Doc. 59-6531; Filed Aug. 6, 1959; Salinas-Monterey, California (on which ments § 3.606 of the rules), as set forth 8:50 a.m.]

NOTICES

Property and is responsible to the Attor­ 1943 Cum. Supp., was transferred to the DEPARTMENT OF JUSTICE ney General. The Director acts for and Attorney General by Executive Order on behalf of the Attorney General. All 9989 of August 20, 1948, 13 F.R. 4891, 3 Office of Alien Property of the authority, rights, privileges, CFR, 1948 Supp. By Executive Order STATEMENT OF ORGANIZATION AND powers, duties, and functions of the 10348 of April 26, 1952, 17 F.R. 3769, 3 Office of Alien Property may be exer­ CFR, 1952 Supp., the aforesaid Executive DELEGATIONS OF FINAL AUTHORITY cised by the Director or by any agencies, Orders and all delegations, regulations, The Statement of Organization and instrumentalities, agents, delegates, or rulings, instructions and licenses under Delegations of Final Authority of the other personnel appointed or designated said Orders were continued in force ac­ Office of Alien Property (21 F.R. 1241) , by him. cording to their terms for the duration as amended, are hereby amended to read 3. Authority under the Trading Withof the national emergency proclaimed as follows: the Enemy Act, as amended, (a) Au­ by Proclamation 2914 of December 16, 1. Establishment and functions. The thority under the Trading With the 1950, 15 F.R. 9029, 3 CFR, 1950 Supp. Office of Alien Property, Department of Enemy Act, as amended, was delegated (d) By Executive Order 10244 of May Justice, was established by the Attorney to the Alien Property Custodian by the 17, 1951, 16 F.R. 4689, 3 CFR, 1951 Supp.. General to administer functions vested President pursuant to the following Ex­ the President designated the Attorney in him relating to the control or vesting ecutive Orders: General to exercise functions relating to of foreign owned property, the adminis­ (1) Executive Order 9095 of March 11, the settlement of intercustodial disputes tration of property vested under the 1942, 7 F.R. 1971, as amended by Execu­ regarding enemy property conferred by Trading with the Enemy Act, as tive Order 9193 of July 6, 1942, 7 F.R. the Act of September 28, 1950 (64 Stat. amended, including allowance and pay­ 5205, 3 CFR, 1943 Cum. Supp.; and Ex­ 1079; 50 U.S.C. App. Sup. 40). ment of claims asserted with respect ecutive Order 9567 of June 8, 1945, 10 (e) Certain functions under the Trad­ thereto, and litigation connnected with F.R. 6917, 3 CFR, 1945 Supp.; and modi­ ing With the Enemy Act, as amended, any of the foregoing functions. The fied by Executive Order 9760 of July 23, relating to the Philippines, which were Attorney General has also designated the 1946, 11 F.R. 7999, 3 CFR, 1946 Supp. conferred on the President by the Philip­ Office of Alien Property to carry out the (2) Executive Order 9142 of April 21, pine Property Act of 1946, as amended administration of Title II of the Inter­ 1942, 7 F.R. 2985, 3 CFR, 1943 Cum. Supp. (60 Stat. 418, 64 Stat. 1116, 22 U.S.C. and national Claims Settlement Act of 1949, (3) Executive Order 9325 of April 7, Sup. 1382), were delegated to the Philip­ including the vesting, administration 1943, 8 F.R. 1682, 3 CFR, 1943 Cum. Supp. pine Alien Property Administration by and liquidation of blocked property of (4) Executive Order 9725 of May 16, the following orders: Bulgaria, Hungary, Rumania and certain 1946, 11 F.R. 5381, 3 CFR, 1946 Supp. (1) Executive Order 9789 of October nationals of these countries, the allow­ (b) The Office of Alien Property Cus­ 14, 1946, 11 F.R. 11981, 3 CFR, 1946 ance and payment of claims asserted todian was terminated, and all powers Supp. with respect to such vested property and and authority vested in or transferred to (2) Executive Order 9818 of January the conduct of litigation connected the Alien Property Custodian or the Of­ 7, 1947, 12 F.R. 133, 3 CFR, 1947 Supp.. fice of Alien Property Custodian were (3) Executive Order 9921 of January therewith. The Administration of the transferred to or vested in the Attorney 10, 1948, 13 F.R. 171, 3 CFR, 1948 Supp. aforesaid Title II by the Office of Alien General by Executive Order 9788 of Oc­ (f) The Philippine Alien Property Ad­ Property also includes the divesting of tober 14,1946,11 F.R. 11981, 3 CFR, 1946 ministration was terminated by Execu­ property of certain nationals of Bul­ Supp. tive Order 10254 of June 15,1951, 16 F.R. garia, Hungary and Rumania vested (c) Jurisdiction formerly exercised by 5289, 3 CFR, 1951 Supp., and all powers under the Trading with the Enemy Act, and authority vested in or transferred to as amended. the Secretary of the Treasury under the 2. Direction. The Office of Alien Trading With the Enemy Act, as amend­ the Philippine Alien Property Adminis­ Property is under the supervision and ed, over certain assets which were tration or the Philippine Alien Property direction of an Assistant Attorney Gen­ blocked by Executive Order 8389 of April Administrator were transferred to or eral, who is Director of the Office of Alien 10,1940,5 F.R. 1400, as amended, 3 CFR, vested in the Attorney General. Friday, August 7, 1959 FEDERAL REGISTER 6355 (g) By section 2 of Executive Order or interests therein or related thereto (iii) The Intercustodial and Foreign 10587 of January 13, 1955, 20 F.R. 361, vested under the Trading with the Funds Officer is authorized to issue any the President delegated to the Attorney Enemy Act, as amended, or controlled demand, direction or instruction directed General all functions under sëction 32 (h) thereunder by 8 CFR, Part 507. to any person, firm, or corporation or of the Trading With the Enemy Act other (i) The Legal and Legislative Counsel to take any other action necessary to ef­ than that of designating successors in is authorized to exercise such powers fectuate a vesting order issued under interest thereunder. By section 3 of that and authority as may be necessary and Title II of the International Claims Set­ Order the Attorney General was author­ appropriate in the performance of his tlement Act of 1949; ized to designate any officer or agency of functions. (iv) The Intercustodial and Foreign the Department of Justice to carry out (ii) The Legal and Legislative Counsel Funds Officer is authorized to take cus­ the functions delegated to him. is authorized: tody of any property or interest therein (h) Section 6 of Attorney General’s (a) To issue licenses with respect to which is vested in, or is transferable or Order No. 175-59, effective April 1, 1959, vested patents, applications for patents, deliverable to, the Attorney General un­ confers the foregoing powers and au­ and rights or interests therein or related der Title II of the International Claims thority upon the Assistant Attorney Gen­ thereto; and to fix royalty schedules per­ Settlement Act of 1949; to accept pay­ eral, Director, Office of Alien Property, taining thereto; ment, conveyance, transfer, assignment subject however to the provisions of sec­ (b) To make demand for and accept or delivery made to or for the account of tions 9(a) (2) and 23 of said Order No, payment of royalties and other moneys the Attorney General pursuant to said 175-59. due the Attorney General with respect Title II; ànd to execute receipts, sur­ 4. Authority under Title II of the In­ to vested patents, applications for pa­ renders, releases or other instruments ternational Claims Settlement Act of tents, licenses and rights or interests to evidence such action; 1949. (a) By section 1 of Executive therein or relating thereto; and to exe­ (v) The Intercustodial and Foreign Order 10644 of November 7, 1955, 20 F.R. cute receipts, surrenders, releases or Funds Officer is authorized to waive 8363, the President designated and em­ other instruments to evidence such ac­ compliance with any vesting order is­ powered the Attorney General, and any tion; sued under Title II of the International Assistant Attorney General designated (c) To execute powers of attorney and Claims Settlement Act of 1949 which by the Attorney General, to perform the sign all papers for the necessary conduct vests a debt in a specific amount to the functions conferred on the President and of the business of the Office of Alien extent of normal service charges not to any designee of the President by Title n Property before the United States Patent exceed $250.00 asserted by a claimant of the International Claims Settlement- Office. who would be entitled to a return of the Act of 1949, added by Public Law 285, (4) The Intercustodial and Foreignamount of such charges if the vesting 84th Congress, approved August 9, 1955 Fluids Officer is responsible for the ad­ order were enforced according to its (69 Stat. 562). By section 2 of this Ex­ ministration of controls with respect to terms; ecutive Order the President also desig­ property over which jurisdiction is exer­ (VI) The Intercustodial and Foreign nated the Attorney General as the officer cised by virtue of Executive Order 9989 Funds Officer is authorized to direct the in whom property shall vest under the and transactions relating to such prop­ execution and delivery of transfers of said Title II. erty ; and for the conduct of negotiations property vested under Title n of the (b) Pursuant to section 1 of the said with respect to intercustodial conflicts International Claims Settlement Act of Executive Order 10644, Attorney Gen­ and the implementation of agreements 1949. eral’s Order No. 175-59 confers upon the with respect to such conflicts. The In­ (5) The Hearing Examiners, consist­ Assistant Attorney General, Director, tercustodial and- Foreign Funds Officer ing of a Chief Hearing Examiner and Office of Alien Property, the functions is also responsible for the investigation, such other hearing examiners as may conferred upon the President and anV processing and preparation of vesting from time to time be qualified and ap­ designee of the President by the said recommendations and orders under Title pointed pursuant to the requirements Title II of the International Claims II of the International Claims Settle­ of section 11 of the Administrative Pro­ Settlement Act of 1949, subject however ment Act of 1949 and the processing and cedure Act, hear contested claims and to the provision of sections 9(a) (2) and preparation of divesting recommenda­ issue recommended decisions with re­ 23 of said Order No. 175-59. tions and orders under section 202(a) of spect thereto under sections 9(a), 32, 5. Organization. The Office of Alien that Title; for obtaining compliance and 34 of the Trading With the Enemy Property is composed of the following with vesting orders issued under that Act, as amended, and sections 207(b) principal subdivisions, with functions Title; for the authorization of covering and 208 of Title 33 of the International and authority as indicated: vested funds into the Treasury Depart­ Claims Settlement Act of 1949. The (a) Office of the Director. This Of­ ment under that Title and for the au­ Hearing Examiners handle such other fice consists of the Director, the Deputy thorization of transfers of divested funds matters not inconsistent with their duties Director, the Legal and Legislative Coun­ to the Treasury Department under sec­ as hearing examiners as may be assigned sel, the Intercustodial and Foreign Funds tion 202(a) of that Title. by the Director or the Deputy Director. Officer and the Hearing Examiners. (i) The Intercustodial and Foreign The Hearing Examiners are hereby (1) The Director exercises the func­ Funds Officer is authorized to exercise severally delegated authority to exercise tions and authority noted in paragraphs such powers and authority as may be the powers conferred upon hearing 3 and 4 of this Notice. necessary and appropriate in the per­ examiners by the Rules of Procedure for (2) The Deputy Director is first as­ formance of his functions. Claims of the Office of Alien Property sistant to the Director. He may exer­ (ii) The Intercustodial and Foreign (8 CFR). cise any of the authority, rights, privi­ Funds Officer is authorized to take final (b) Claims Administration Section. leges, powers, duties, and functions of action with respect to specific licensing Under the Supervision of the Chief, the Director in the absence of the Direc­ matters, by granting or denying applica­ Claims Administration Section, this Sec­ tor or in the event of his inability to act, tions for specific licenses, and by amend­ tion processes all claims under the or at any other time, to the exent dele­ ing, modifying, renewing, or revoking Trading With the Enemy Act, as gated to hirfi. In performing the afore­ existing specific licenses with respect to amended, or Title II of the International said duties the Deputy "Director will act the property over which jurisdiction is Claims Settlement Act of 1949 for the for and on , behalf of the Attorney exercised by virtue of Executive Order return of vested property or payment of General. debts of former owners of vested prop­ (3) The Legal and Legislative Coun­ 9989. In the exercise of the foregoing erty which have not been docketed for sel advises on all legal and legislative authority, such official will act for and hearing under the Rules of Procedure for Blatters generally affecting the opera­ on behalf of the Director or the Deputy Claims of this Office (8 CFR Part 502). tions of the Office of Alien Property. Director, and will sign in the following This Section is also responsible for the He also is responsible for all matters re­ form: investigation, processing and preparation lating to the liquidation of banking and Issued by direction and on behalf of the of divesting recommendations and orders f+uance institutions under the control (Deputy) Director, Office of Alien Property. under section 202(b) of Title II of the or the Office and all matters relating to B y ------International Claims Settlement Act of tne administration of patents, and rights (Title) 1949 and for the authorization of trans- 6356 NOTICES fers of divested funds to the Treasury (2) The Chief, Appellate and Special surrenders, releases or other instruments Department under said section 202(b). Litigation Section, is authorized to exe­ to evidence such action; (1) The Chief, Claims Administration cute receipts, surrenders, releases or (iii) To waive compliance with any Section, is authorized to exercise such ¿other instruments to evidence action vesting order which vests a debt in a powers and authority as may be neces­ which may be consummated in litigation specific amount to the extent of normal sary and appropriate in the performance handled by the Section. service charges not to exceed $250.00 of his functions, including the powers • (3) In the exercise of his authority asserted by a claimant who would be en­ conferred upon by him by the Rules of tunder the Rules of Procedure for Claims, titled to a return of the amount of such Procedure for Claims. insofar as it relates to a position taken charges if the vesting order were en­ (2) In the exercise of such authority, by the Appellate and Special Litigation forced according to its terms; insofar as it relates to a position taken Section prior to allowance or final dis­ (iv) To direct the execution and de­ by the Claims Administration Section allowance of a claim, the Chief, Appel­ livery of transfers of vested property. prior to allowance or final disallowance late and Special Litigation Section, shall (f) Comptroller’s Section. Under the of a claim, the Chief, Claims Administra­ sign in his own name and title. supervision of the Comptroller, this sec­ tion Section, shall sign in his own name (e) Liquidation Section. Under thetion maintains accounting records re­ and title. supervision of the Chief, Liquidation Sec­ garding vested property; prepares finan- (c) Trial Section. Under the super­ tion, this section is responsible for mat­ cial reports of the Office of Alien Prop­ vision of the Chief, Trial Section, this ters relating to the operation or liquida­ erty; deposits for collection with the Section conducts all litigation (except tion of business enterprises which have Treasurer of the United States currency, the case of Société Internationale Pour been supervised or vested, for the man­ checks, and drafts paid to or received Participations Industrielles et Commer­ agement and liquidation of vested real by the Office of Alien Property; transfers ciales v. Rogers and other cases specially and personal property, for collection, the proceeds to the account of the At­ assigned by the Director or Deputy custody and administration with respect torney General with the Treasurer of the Director elsewhere) in the United States to vested interests in estates and trusts United States; covers the net proceeds District Courts under sections 9 and 17 of and vested rights under contracts of life of vested property into the Treasury the Trading With the Enemy, Act, as insurance and annuity and for all mat­ under sections 202(a) and 202(b) of Title amended, and section 207(a) of Title II ters relating to the administration of II of the International Claims Settle­ of the International Claims Settlement trade-marks and copyrights and rights ment Act of 1949, transfers divqsted Act of 1949, all litigation in the State and or interests therein or related thereto funds into blocked accounts in the Treas­ Territorial Courts and cases specially vested under the Trading With the u ry under said sections 202(a) and assigned by the Director or Deputy Di­ Enemy Act, as amended, or controlled 202(b) and makes disbursements by the rector. The Trial Section also conducts thereunder by 8 CPR Part 507. This issuance of checks in payment of taxes, all proceedings before the Hearing Ex­ section also performs certain functions expenses of and claims allowed by the aminers of this Office under the Rules of in connection with effectuating returns Office of Alien Property. This Section Procedure for Claims (8 CPR Part 502) of vested property. also performs certain other functions in in connection with claims under the (1) The Chief, Liquidation Section, is connection with effectuating returns of Trading With the Enemy Act, as amend­ authorized to exercise such powers and vested property. ed (except claims related to the case of authority as may be necessary and ap­ (1) The Comptroller is authorized to Société Internationale Pour Participa­ propriate in the performance of his exercise such powers and authority as tions Industrielles et Commerciales v. functions. may be necessary and appropriate in the Rogers), or under Title II of the Inter­ (2) The Chief, Liquidation Section, performance of his functions. national Claims Settlement Act of 1949. is authorized: (2) The Disbursing Officer, within the (1) The Chief, Trial Section, is au­ (1) To issue licenses with respect to Comptroller’s Section, is authorized to thorized to exercise such powers and vested copyrights and rights or interests collect moneys for the Office of Alien authority as may be necessary and ap­ therein or related thereto; and to fix Property; to deposit for collection with propriate in the performance of his royalty schedules pertaining thereto; the Treasurer of the United States cur­ duties, including the power conferred (ii) To approve requests for loans of rency, checks, and drafts paid to or re­ upon him by the Rules of Procedure for vested motion picture films and to enter ceived by the Office of Alien Property; Claims of this Office. into agreements concerning the use to transfer the proceeds to the account (2) The Chief, Trial Section, is au­ thereof; of the Attorney General with the Treas­ thorized to execute receipts, surrenders, (iii) To make demand for and ac­ urer of the United States; to cover the releases or other instruments to evidence cept payment of royalties and other net proceeds of vested property into the action which may be consummated in moneys due the Attorney General with Treasury under sections 202(a) and litigation handled by the Section. respect to vested copyrights, trade­ 202(b) of Title n of the International (3) In the exercise of his authority marks, films, licenses and rights or in­ Claims Settlement Act of 1949; to trans­ under the Rules of Procedure for Claims, terests therein or relating thereto; and fer divested funds into blocked accounts insofar as it relates to a position taken to execute receipts, surrenders, releases in the Treasury under said sections by the Trial Section prior to allowance or other instruments to evidence such ' 202(a) and 202(b); and to make dis­ or final disallowance of a claim, the action. bursements by issuance of checks in Chief, Trial Section, shall sign in his (3) The Chief, Liquidation Section, is payment of taxes, necessary and proper own name and title. authorized: expenses of the Office of Alien Property (d) Appellate and Special Litigation (i) To issue any demand, direction or and duly allowed claims. In the exercise Section. Under the supervision of the instruction directed to any person, firm of such authority, he is authorized to act Chief, Appellate and Special Litigation or corporation or to take any other ac­ in his own name and title. Section, this Section conducts the case tion necessary to effectuate a vesting (g) Administrative Section. Under of Société Internationale Pour Partici­ order. the supervision of the Chief, Administra­ pations Industrielles et Commerciales (ii) To take custody of any property tive Section, this Section ig responsible v. Rogers, cases specially assigned by the or interest therein which is vested in, or for internal administrative functions, Director or Deputy Director and all other is transferable or deliverable to, the At­ maintains statistical records of the litigation not conducted by the Trial torney General under the Trading With Office of Alien Property and prepares Section. This Section also conducts all the Enemy Act, as amended, or Title n official reports. docketed claims proceedings under the of the International Claims Settlement (1) The Chief, Administrative Sec­ Rules of Procedure for Claims not con­ Act of 1949 ; to accept payment, convey­ tion, is authorized to exercise such ducted by the Chief of the Trial Section. ance, transfer, assignment or delivery powers and authority as may be neces­ (1) The Chief, Appellate^ and Special made to or for the account of the At­ sary and appropriate in the performance Litigation Section, is authorized to exer­ torney General pursuant to said Act or cise such powers and authority as may Title; to exercise any right of election to of his functions. be necessary and appropriate in the per­ surrender or release any vested insur­ (2) Within this Section, the Records formance of his duties, including the ance policy contract rights or interests Officer and the Assistant to the Records powers conferred upon him by the Rules therein against payment of cash sur­ Officer are severally authorized to of Procedure for Claims of this Office. render value; and to execute receipts, authenticate, certify and attest copies F riday, A u gu st 7, 1959 FEDERAL REGISTER 6357 of books, records, papers, and documents 1951, 16 F.R. 4639, 3 CFR, 1951 Supp.; E.O. By virtue of the authority delegated in the official custody of the Office of 10254, June 15, 1951, 16 F.R. 5829, 3 CFR, 1951 Supp,; E.O. 10348, April 26, 1952, 17 to me by the President in Executive Alien Property; to subscribe the naihe of F.R. 3769, 3 CFR, 1952 Supp.; E.O. 10587, Order 10428 of January 17, 1953, and the Director or the Deputy Director to January 13, 1955, 20 F.R. 361; E.O. 10644, pursuant to the Uniform Code of Mili­ such certificates, and to affix the seal November 7, 1955, 20 F.R. 8363) tary Justice, Article 22(a) (7), I empower of the Office of Alien Property. the Commanding Officer, Field Com­ (h> Overseas Office. T his Office, Executed at Washington, D.C., July mand, Defense Atomic Support Agency, under the Chief, Overseas Office, ad­ 29,1959. to convene general courts-martial, and ministers all functions of the Office of [seal] D allas S. T ownsend, further, pursuant to the Uniform Code Alien Property in Europe. Assistant Attorney General, of Military Justice, Article 17(a), and (i) Tokyo Office. This Office, under Director, Office of Alien Property. the Manual for Courts-Martial, United the Chief, Tokyo Office, administers all States, 1951, paragraph 13, I empower functions of the Office of Alien Property [F.R. Doc. 59-6517; Filed, Aug. 6, 1959; such officer to refer for trial by courts- in Japan. 8:48 a.m.] martial the cases of members of any of 6. Form of signature. Except for the the armed forces assigned or attached to Director, Deputy Director, and as other­ or on duty with such command. In ac­ wise indicated in paragraph 5 of this DEPARTMENT OF DEFENSE cordance with the Manual for Courts- Notice, the designated officials of the Martial, United States, 1951, paragraph Office of Alien Property, in exercising Department of the Air Force 5a(2) and appendix 4, this Directive will authority conferred on them, will sign be cited in orders appointing courts- in the following form: R. E. CROSS martial under this authority. (Name) Statement of Changes in Financial . Delegation of authority published at Assistant Attorney General, 18 F.R. 4390, July , 25, 1953, is hereby Director, Office of Alien Property. Interests cancelled. By In accordance with the requirements Maurice W. R oche, (Title) of section 710(b) (6), of the Defense Pro­ Administrative Secretary. 7. Location of offices. The Office of duction Act of 1950, as amended, and [F.R. Doc. 59-6520; Filed, Aug. 6, 1959; Alien Property maintains offices as Executive Order 10647 of November 28, 8:49 a.m.] follows: 1955, the following changes have taken (a) Washington, D.C. Federal Home place in my financial interests. Loan Bank Building, 101 Indiana A. Deletions: None. Avenue N.W., Washington 25, D.C. B. Additions: National Life and Accident (b) Overseas Office. Munich, Insurance Co. capital stock. DEPARTMENT OF AGRICULTURE Germany. (c) Tokyo Office. American Embassy, This statement is made of June 30, Commodity Stabilization Service and Tokyo, Japan. 1959. Commodity Credit Corporation 8. Information—(a) General. Re­ Dated: July 27, 1959. quests for general information should be CERTAIN DIRECTORS AND OTHER addressed to {he Office of Alien Property, R. E. Cross. EMPLOYEES Department of Justice, Washington 25, [F.R. Doc. 59-6525; Filed, Aug. 6, 1959; D.C., unless the Overseas or Tokyo Office 8:50 a.m.] Delegations of Authority With Respect is nearer, in which event requests may to Certain Commodity Credit Cor­ be addressed to such Office. poration Activities (b) Sales. Notices of public offerings of vested property are given by publica­ ROBERT M. TRUEBLOOD The delegations of authority published tion in appropriate newspapers and in 23 F.R. 5216, with respect to the sign­ trade journals and by mail to persons on Statement of Changes in Financial ing or countersigning of certain Com­ the mailing lists of the Office of Alien Interests modity Credit Corporation documents Property. The mailing lists are main­ are hereby amended by deleting the last tained by the Comptroller’s Section and In accordance with the requirements paragraph and substituting in lieu names may be placed on such lists on of section 710(b) (6), of the Defense Pro­ thereof the following: request. duction Act of 1950, as amended, and The Directors or Acting Directors of (c) Patents and Copyrights Program. Executive Order 10647 of November 28, the Commodity Stabilization Service Vested interests in certain properties of 1955, the following changes have taken Commodity Offices 'at Dallas, Texas, these types have been made available for place in my financial interests. Evanston, Illinois, and Kansas City, use by the American public. Requests A. Deletions: None. Missouri, and other employees of such for information with respect to patents B. Additions: None. should be addressed to the Legal and offices after written designation by the Legislative Counsel, Office of Alien Prop­ This statement is made of Robert M. Director or Acting Director of the office erty, Washington 25, D.C. Requests for Trueblood. may sign or countersign Commodity information with respect to copyrights Dated: July 23, 1959. Credit Corporation certificates of interest should be addressed to the Liquidation issued to financial institutions partici­ Section, Office of Alien Property, Depart­ R obert M. T rueblood. pating in the finanfeing of pools of price ment of Justice, Washington 25, D.C. [FJt. Doc. 59-6526; Filed, Aug. 6, 1959; support commodity loans. Designations (40 stat. 411, 55 Stat. 839, 60 Stat. 50, 925, 8:50 a.m.] made by Directors or Acting Directors of 64 Stat. 1079, 50 U.S.C. App. and Sup. 1-40; 60 employees in their respective offices shall Stat. 418, 64 Stat. 1116, 22 U.S.C. and Sup. remain in full force and effect until re­ 1382; 69 Stat. 562; E.O. 8389, April 10, 1940, 5 F.R. 1400, as amended, 3 CFR, 1943 Cum. voked by the Director or Acting Director Supp.; E.O. 9142, April 21, 1942, 7 FJt. 2985, Office of the Secretary or until the delegate is separated from 3 CFR, 1943 Cum. Supp.; E.O: 9193, July 6, his position in the office. 1942, 7 FJt. 5205, 3 CFR, 1943 Cum. Supp.; [DoD Directive 5510.1] (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. 7«?; 9567, June 8> 1945> 10 F.R. 6917, 3 CFR, 1945 Supp.; E.O. 9725, May 16, 1946, 11 F.R. COMMANDING OFFICER, FIELD COM­ 714b) 5381, 3 CFR, 1946 Supp.; E.O. 9788, October MAND, DEFENSE ATOMIC SUPPORT Issued this 4th day of August 1959. 1946, 11 FJt. 11981, 3 CFR, 1946 Supp,'; AGENCY pwd 9818, January 1, 1947, 12 FJt. 133, 3 Clarence D. P almby, « i 947 SuPP” E O- "21, January 10, 1948,. Delegation of Authority to Appoint Acting Executive Vice President, 13 F.R. 171, 3 CFR, 1948 Supp,; E.O. 9989, August 20, 1948, 13 FJt. 4981, 3 -CFR, 1948 General Courts-Martial Commodity Credit Corporation. q^PP” Pr°c- 2914, December 16, 1950, 15 F.R. The Secretary of Defense approved the [F.R. Doc. 59-6536; Filed, Aug. 6, 1959; 029, 3 CFR, 1950 Supp.; E.O. 10244, May 17, following effective May 1, 1959: 8:51 a.m.] 6358 NOTICES

7. Multiple Antigen Preparations Three polyvalent bacterial vaccines with DEPARTMENT OF HEALTH, EDU­ Diphtheria and Tetanus Toxoids and “No U.S. Standard of Potency”. Pertussis and Poliomyelitis Vaccines 5. Sensitized Bacterial Vaccines CATION, AND WELFARE Aluminum Phosphate Adsorbed. Cholera Vaccine. Diphtheria and Tetanus Toxoids and Public Health Service Pertussis Vaccine. Pertussis Vaccine Combined. Typhoid Vaccine. Diphtheria and Tetanus Toxoids and LICENSED BIOLOGICAL PRODUCTS . Typhoid and Paratyphoid Vaccine. Pertussis Vaccine Combined Alumi­ Six polyvalent sensitized bacterial vac­ Notice is hereby given that pursuant num Phosphate Adsorbed. cines with “No U.S. Standard of to section 351 of the Public Health Serv­ Diphtheria and Tetanus Toxoids Com­ Potency”. ice Act, as amended (42 U.S.C. 262), and bined. regulations issued thereunder (42 CFR Diphtheria and Tetanus Toxoids Com­ 6. Bacterial Antigens Part 73), the following establishments bined Aluminum Phosphate Adsorbed. Bacterial Antigen with Antihistaminic. are licensed as of April 15, 1959, for the Diphtheria Toxoid and Pertussis Vaccine Three polyvalent bacterial antigens with production of the biological products Combined Aluminum Phosphate Ad­ “No U. S. Standard of Potency”. set forth under each establishment. sorbed. Such licenses are effective until sus­ Staphylococcus Toxoid and Bacterial 7. Toxoids and Toxins for Immunization pended or revoked in accordance with Antigen made from Staphylococcus Diphtheria Toxoid. such Act and regulations. (Albus and Aureus). Diphtheria Toxoid Protamine Precipi­ This notice will be amended from time 8. Viral and Rickettsial Vaccines tated. to time in the F ederal R egister to indi­ Staphylococcus Toxoid. cate any suspensions or revocations of Adenovirus Vaccine. Tetanus Toxoid. licenses as well as the licensing of addi­ Influenza Virus Vaccine. tional establishments and products. ', Poliomyelitis Vaccine. 8. Multiple Antigen Preparations Rabies Vaccine. Diptheria and Tetanus Toxoids and Per­ Part I. Establishments Arranged by Smallpox Vaccine. tussis Vaccine Alum Precipitated and License Number Showing the Prod­ 9. Diagnostic Substances for Dermal Poliomyelitis Vaccine. ucts for Which Each Establishment Tests Diphtheria and Tetanus Toxoids and Is Licensed Blastomycin. Pertussis Vaccine Combined. Diphtheria Toxin for Schick Test. Diphtheria and Tetanus Toxoids and LICENSED ESTABLISHMENTS Histoplasmin. Pertussis Vaccine Combined Alum Tuberculin, Old. Precipitated. License No. 1—Parke, Davis & Co., Tuberculin, Purified Protein Derivative. Diphtheria and Tetanus Toxoids Com­ Detroit, Mich. 10. Diagnostic Substances for bined Alum Precipitated. i. Antitoxins Diphtheria Toxoid and Pertussis Vaccine Laboratory Tests Combined Alum Precipitated. B. oedematiens Antitoxin. Anti-Influenza Virus Serum for the He- Tetanus and Diphtheria Toxoids Com­ Diphtheria Antitoxin. dnagglutination Inhibition Test. bined Alum Precipitated (For Adult Dysentery Antitoxin, Shiga. Influenza Virus Hemagglutinating An­ Use). Perfringens Antitoxin. tigen. Tetanus Antitoxin. 9. Viral and Rickettsial Vaccines 11. Allergenic Extracts Tetanus and Gas Gangrene Polyvalent Influenza Virus Vaccine. .Antitoxin. Allergenic Extracts (including pollens Poliomyelitis Vaccine. V. septique Antitoxin. and miscellaneous substances). Rabies Vaccine. 2. Blood and Blood Derivatives Poison Ivy Extract. Rocky Mountain Spotted Fever Vaccine. 12. Trivalent Organic Arsenicals Smallpox Vaccine. Histamine Azoprotein. Typhus Vaccine. Immune Serum Globulin (Human). Oxophenarsine Hydrochloride. 10. Diagnostic Substances for Dermal Poliomyelitis Immune Globulin (Hu­ License No. 2—Merck Sharp & Dohme, man). ~ Division of Merck & Co., Inc., West Tests Thrombin. Point and Philadelphia, Pa. Diphtheria Toxin for Schick Test. 3. Bacterial Vaccines 1. Antitoxins Scarlet Fever Streptococcus Toxin for Dick Test. Cholera Vaccine. Tetanus Antitoxin. Schick Test Control. Pertussis Vaccine. 2. Therapeutic Immune Serums Tuberculin, Purified Protein Derivative. Pertussis Vaccine Aluminum Phosphate Adsorbed. Antibrucella Serum. 11. Diagnostic Substances for Labora­ Typhoid and Paratyphoid Vaccine. Anti-Rocky Mountain Spotted Fever tory Tests Nine polyvalent bacterial vaccines with Serum. Anti-A Blood Grouping Serum. “No U.S. Standard of -Potency.” Antitularemic Serum. Anti-B Blood Grouping Serum. 4. Bacterial Antigens^ 3. Blood and Blood Derivatives 12. Allergenic Extracts Six polyvalent bacterial antigens with Citrated Whole Blood (Human). Poison Ivy Extract. “No U.S. Standard of Potency.” Fibrinogen (Human). Poison Oak Extract. Human Blood Cells. 5. Modified Bacterial Antigens Immune Serum Globulin (Human). 13. Miscellaneous Two polyvalent modified bacterial anti­ Normal Bovine Serum. Antivenin (Latrodectus mactans). gens with “No U.S. Standard of Po­ Normal Horse Serum. Bee Venom. tency.” Normal Human Plasma. Blood Group Specific Substances A and Normal Serum Albumin (Human). B. 6. Toxoids and Toxins for Immunization Poliomyelitis Immune Globulin (Hu­ man). License No. 8— Cutter Laboratories Diphtheria Toxoid. Thrombin. Berkeley, Calif. Diphtheria Toxoid Aluminum Phosphate Adsorbed. 4. Bacterial Vaccines 1. Antitoxins Staphylococcus Toxoid. Cholera Vaccine. B. oedematiens Antitoxin. Tetanus Toxoid. Pertussis Vaccine. Diphtheria Antitoxin. Tetanus Toxoid Aluminum Phosphate Typhoid Vaccine. Gas Gangrene Polyvalent Antitoxin. Adsorbed. Typhoid and Paratyphoid Vaccine. Perfringens Antitoxin. Friday, August 7, 1959 FEDERAL REGISTER 6359 Tetanus Antitoxin. 9. Allergenic Extracts Poliomyelitis Immune Globulin (Hu­ Tetanus and Gas Gangrene Polyvalent man). Antitoxin. Allergenic Extracts (including pollens and miscellaneous substances). 4. Bacterial Vaccines V. septique Antitoxin. Poison Ivy Extract. 2. Blood and Blood Derivatives Cholera Vaccine. Poison Oak Extract. Pertussis Vaccine. Antihemophilic Globulin (Human). License No. 11— Institut Pasteur, Paris, Typhoid and Paratyphoid Vaccine. Fibrinogen (Human). France Four polyvalent bacterial vaccines with Immune Serum Globulin (Human). “No U.S. Standard of Potency.” Mumps Immune Globulin (Human). 1. Antitoxins Normal Human Plasma. Diphtheria Antitoxin. 5. Toxoids and Toxins for Immunization Normal Serum Albumin (Human). Tetanus Antitoxin. Diphtheria Toxoid. Pertussis Immune Globulin (Human). 2. Bacterial Vaccines Diphtheria Toxoid Aluminum Phosphate Plasma Protein Fraction (Human). Adsorbed. Poliomyelitis Immune Globulin Cholera Vaccine. Scarlet Fever Streptococcus Toxin for (Human). Typhoid Vaccine. Immunization. Tetanus.Immune Globulin (Human). 3. Toxoids and Toxins for Immunization Staphylococcus Toxoid. Thrombin. Tetanus Toxoid. 3. Bacterial Vaccines Staphylococcus Toxoid. Tetanus Toxoid Aluminum Phosphate License No. 14— New York City Depart­ Adsorbed. Cholera Vaccine. ment of Health, Bureau of Labora­ 6. Multiple Antigen Preparations Pertussis Vaccine. tories, New York, N.Y. Pertussis Vaccine Aluminum Hydroxide Diphtheria and Tetanus Toxoids Alum Adsorbed. 1. Antitoxins Precipitated and Pertussis Vaccine Plague Vaccine. Diphtheria Antitoxin. Combined. Typhoid Vaccine. Tetanus Antitoxin. Diphtheria and Tetanus Toxoids and Typhoid and Paratyphoid Vaccine. Pertussis Vaccine Combined Aluminum Three polyvalent bacterial vaccines with 2. Blood and Blood Derivatives Phosphate Adsorbed. “No U. S. Standard of Potency.” Normal Horse Serum. Diphtheria and Tetanus Toxoids Com­ 4. Toxoids and Toxins for Immunization bined. 3. Bacterial Vaccines Diphtheria and Tetanus Toxoids Com­ Diphtheria Toxoid. Pertussis Vaccine. bined Aluminum Phosphate Adsorbed. Diphtheria Toxoid Aluminum Hydroxide Typhoid Vaccine. Adsorbed. Typhoid and Paratyphoid Vaccine. 7. Viral and Rickettsial Vaccines Tetanus Toxoid. Encephalitis Vaccine, Herpes “F” Strain. Tetanus Toxoid Aluminum Hydroxide 4. Toxoids and Toxins for Immunization Influenza-Virus Vaccine. Adsorbed. Diphtheria Toxoid. Mumps Vaccine. 5. Multiple Antigen Preparations Diphtheria Toxoid Aluminum Phosphate Q Fever Vaccine. Adsorbed. Rabies Vaccine. Diphtheria and Tetanus Toxoids and Tetanus Toxoid. Rocky Mountain Spotted Fever Vaccine. Pertussis Vaccine Combined. Smallpox Vaccine. Diphtheria and Tetanus Toxoids and 5. Viral and Rickettsial Vaccines Typhus Vaccine (Epidemic). Pertussis Vaccine Combined Alum Smallpox Vaccine. Precipitated. 8. Diagnostic Substances for Dermal Diphtheria and Tetanus Toxoids Alu­ 6. Diagnostic Substances for Dermal Tests minum Hydroxide Adsorbed and Per­ Tests Lymphogranuloma Venereum Antigen. tussis Vaccine Combined. Diphtheria Toxin for Schick Test. Scarlet Fever Streptococcus Toxin for Diphtheria and Tetanus Toxoids Com­ Schick Test Control. Dick Test. bined. Tuberculin, Old. Tuberculin, Old. Diphtheria and Tetanus Toxoids Com­ Tuberculin, Patch Test. bined Aluminum Hydroxide Adsorbed. 7. Diagnostic Substances for Laboratory Diphtheria Toxoid Aluminum Hydroxide Tests 9. Diagnostic Substances for Laboratory Adsorbed and Pertussis Vaccine Com­ Anti-A Blood Grouping Serum. Tests bined. Anti-B Blood Grouping Serum. Anti-A Blood Grouping Serum. Diphtheria Toxoid and Pertussis Vaccine Anti-Rh Typing Serums: Anti-B Blood Grouping Serum. Combined. Anti-Rho (Anti-D). Anti-Rh Typing Serums: Tetanus Toxoid and Pertussis Vaccine Anti-Rho' (Anti-CD). ” - ... Anti-Rho (Anti-D). Combined. v i - Anti-Human Serum. Anti-Rho' (Anti-CD). Tetanus and Diphtheria Toxoids Com­ License No. 17— Lederle Laboratoi#es Di­ Anti-M Serum. bined Aluminum Hydroxide Adsorbed Anti-N Serum. (For Adult Use). vision, American Cyanamid Co., Pearl River, N.Y. Anti-Human Serum. 6. Viral and Rickettsial Vaccines 1. Antitoxins 10. Allergenic Extracts Equine Encephalomyelitis Vaccine (East­ ern) . B. histolyticus Antitoxin. Allergenic Extracts (including pollens and miscellaneous substances). Equine Encephalomyelitis , Vaccine B. oedematiens Antitoxin. (Western). B. sordellii Antitoxin. Trichinella Extract. Poliomyelitis Vaccine. Botulism Antitoxin. 11. Miscellaneous Smallpox Vaccine. D^blftheria Antitoxin. Gas Gangrene Polyvalent Antitoxin. Streptokinase—Streptodornase. - 7. Diagnostic Substances for Dermal Perfringens Antitoxin. License No. 30— Sherman Laboratories, Tetanus Antitoxin. Detroit, Mich. Coccidioidin. Tetanus and Gas Gangrene Polyvalent Diphtheria Toxin for Schick Test. Antitoxin. 1. Bacterial Vaccines Schick Test Control. V. septique Antitoxin. Tuberculin, Old. Pertussis Vaccine.. , 2. Therapeutic Immune Serums Eighteen polyvalent bacterial vaccines 3. Diagnostic Substances for Laboratory with “No U.S. Standard of Potency”. Antirabies Serum. Tests 2. Bacterial Antigens Anti-A Blood Grouping Serum. 3. Blood and Blood Derivatives One polyvalent bacterial antigen with Anti-B Blood Grouping Serum. Immune Serum Globulin (Human). “No U.S. Standard of Potency”. No. 154----- 5 6360 NOTICES 3. Allergenic Extracts Diphtheria and Tetanus Toxoids Com­ License No. —Terrell’s Laboratories, bined Alum Precipitated. Fort Worth, Tex. Allergenic Extracts (including pollens). Tetanus and Diphtheria Toxoids Com­ 1. Blood and Blood Derivatives Poison Ivy Extract. bined Alum Precipitated (For Adult Poison Oak Extract. Use). Citrated Whole Blood (Human). Poison Ivy-Poison Oak Extracts Com­ 2. Allergenic Extracts bined. 6. Viral and Rickettsial Vaccines Allergenic Extracts (including pollens License No. 43— Abbott Laboratories, Influenza Virus Vaccine. North Chicago, 111. Mumps Vaccine. and miscellaneous substances). X. Blood and Blood Derivatives Poliomyelitis Vaccine. License No. 91—Hollister-Stier Labora­ Rabies Vaccine. tories, Spokane, Wash.; Chicago, 111.; Radio-Iodinated (I131) Serum Albumin Smallpox Vaccine. Philadelphia, Pa.; and Los Angeles* (Human). Typhus Vaccine. Calif. 2. Allergenic Extracts 7. Diagnostic Substances for Dermal 1. Bacterial Vaccines Allergenic Extracts (including pollens Tests Two polyvalent bacterial vaccines with and miscellaneous substances). Diphtheria Toxin for Schick Test. . “No U.S. Standard of Potency”. License No. 51— The Upjohn Company, Histoplasmin. 2. Allergenic Extracts Kalamazoo, Mich. Mumps Skin Test Antigen. Schick Test Control. Allergenic Extracts (including pollens 1. Blood and Blood Derivatives Tuberculin, Old. and miscellaneous substances). Poison Ivy Extract. Thrombin. 8. Allergenic Extracts Poison Oak Extract. License No. 52—E. R. Squibb & Sons, Allergenic Extracts. License No. 99-—Division of Laboratories, Division of Olin Mathieson Chemical Fungus Antigens. Corp., Biological Laboratories, New Michigan Department of Health, Lan­ Brunswick,'N.J. License No. 64—Massachusetts Public sing, Mich. Health Biologic Laboratories, Boston, 1. Antitoxins 1. Blood and Blood Derivatives Mass. Diphtheria Antitoxin. Fibrinogen (Human). 1. Antitoxins Immune Serum Globulin (Human). Tetanus Antitoxin. Normal Serum Albumin (Human). Diphtheria Antitoxin. 2. Therapeutic Immune Serums Tetanus Antitoxin. Poliomyelitis Immune Globulin Anti-Hemophilus Influenzae Type b (Human). 2. Blood and Blood Derivatives Serum. Radio-Iodinated (I131) Serum Albumin Antipneumococcic Serum. (Human). Immune Serum Globulin (Human). Normal Serum Albumin (Human). 3. Blood and Blood Derivatives 2. Multiple Antigen Preparations Poliomyelitis Immune Globulin (Hu­ man) . Antihemophilic Globulin (Human). Staphylococcus Toxoid and Bacterial An­ Citrated Whole Blood (Human). tigen made from Staphylococcus (Al- 3. Bacterial Vaccines Fibrinogen (Human). bus and Aureus). Pertussis Vaccine. Immune Serum Globulin (Human). 3. Diagnostic Substances for Dermal Typhoid Vaccine. Normal Horse Serum. Tests Typhoid and Paratyphoid Vaccine. Normal Human Plasma. Normal Rabbit Serum. Lymphogranuloma Venereum Antigen. 4. Toxoids and Toxins for Normal Serum Albumin (Human). License No. 56— Eli Lilly and Company, Immunization Poliomyelitis Immune Globulin (Hu­ Indianapolis, Ind. Diphtheria Toxoid. man) . 1. Antitoxins Tetanus Toxoid. Resuspended Red Blood Cells (Human). Diphtheria Antitoxin. 5. Multiple Antigen Preparations 4. Bacterial Vaccines Perf ringens Antitoxin. Pertussis Vaccine. Tetanus Antitoxin. Diphtheria and Tetanus Toxoids and Typhoid Vaccine. Pertussis Vaccine Combined Aluminum Typhoid and Paratyphoid Vaccine. Tetanus and Gas Gangrene Polyvalent Phosphate Precipitated. Antitoxin. 5. Toxoids and Toxins for Immunization V. septique Antitoxin. Diphtheria and Tetanus Toxoids Com­ bined Aluminum Phosphate Precipi­ Diphtheria Toxoid. 2. Bacterial Vaccines tated. Diphtheria Toxoid Aluminum Phosphate Cholera Vaccine. 6. Viral and Rickettsial Vaccines Adsorbed. Pertussis Vaccine. Tetanus Toxoid. Typhoid Vaccine. Smallpox Vaccine. Tetanus Toxoid Aluminum Phosphate Typhoid and Paratyphoid Vaccine. 7. Diagnostic Substances for Dermal Adsorbed. Bacterial Vaccine made from Partially Tests ~6. Multiple Antigen Preparations Autolyzed Pneumococci. Seven polyvalent bacterial vaccines with Diphtheria Toxin for Schick Test. Diphtheria and Tetanus Toxoids and “No U.S. Standard of Potency”. Schick Test Control. Pertussis Vaccine Combined Alum Tuberculin, Old. Precipitated. 3. Bacterial Antigens License No. 73— Connaught Medical Re­ Diphtheria and Tetanus Toxoids Com­ Thirteen polyvalent bacterial antigens search Laboratories, University of To­ bined Alum Precipitated. with “No U.S. Standard of Potency”. ronto, Toronto, Canada • Diphtheria and Tetanus Toxoids Com­ bined Aluminum Phosphate Adsorbed. 4. Toxoids and Toxins for Immunization 1. Antitoxins Diphtheria and Tetanus Toxoids and Diphtheria Toxoid. Diphtheria Antitoxin. Pertussis Vaccine Combined Alumi­ Tetanus Toxoid. Staphylococcus Antitoxin. num Phosphate Adsorbed. Tetanus Antitoxin. 5. Multiple Antigen Preparations 7. Viral and Rickettsial Vaccines Diphtheria and Tetanus Toxoids and 2. Blood and Blood Derivatives Rabies Vaccine. Pertussis Vaccine Combined. Normal Serum Albumin. Smallpox Vaccine. Diphtheria and Tetanus Toxoids and 3. Toxoids and Toxins for Immunization 8. Diagnostic Substances for Dermal Pertussis Vaccine Combined Alum Tests Precipitated. Diphtheria Toxoid. Diphtheria and Tetanus Toxoids Com­ Staphylococcus Toxoid. Diphtheria Toxin for Schick Test. bined. Tetanus Toxoid. Histoplasmin. Friday, August 7, 1959 FEDERAL REGISTER 6361 Schick Test Control. License No. 103—Allergy Laboratories, Influenza Virus Vaccine. Tuberculin, Old. Oklahoma City, Okla. Poliomyelitis Vaccine. 9. Diagnostic Substances for Laboratory 1. Allergenic Extracts Rabies Vaccine. Typhus Vaccine. Tests Allergenic Extracts (including pollens Pneumococcus Typing Serum. and miscellaneous substances). 9. Diagnostic Substances for Dermal Tests License No. 101—The National Drug License No. 105—--C. F. Kirk Co., New Company, Philadelphia, Pa. York, N.Y. Diphtheria Toxin for Schick Test. Schick Test Controls 1. Antitoxins 1. Bacterial Vaccines Tuberculin, Old. Diphtheria Antitoxin. Typhoid Vaccine. Ga^ Gangrene Polyvalent Antitoxin. Fourteen polyvalent bacterial vaccines 10. Allergenic Extracts Tetanus Antitoxin. with “No U.S. Standard of Potency”. Allergenic Extracts (including pollens). Tetanus and Gas Gangrene Polyvalent Poison Ivy Extract. Antitoxin.' 2. Allergenic Extracts Poison Ivy-Poison Oak Extract. Allergenic Extracts. Poison Oak Extract. 2. Bacterial Vaccines Poison Ivy Extract Alum Precipitated. License No. I l l— William S. Merrell Co., Cholera Vaccine. License No. 107— Porro Biological Cincinnati, Ohio Pertussis Vaccine. Laboratories, Tacoma, Wash. Typhoid Vaccine. 1. Bacterial Vaccines 1. Allergenic Extracts Typhoid and Paratyphoid Vaccine. One polyvalent bacterial vaccine with Fourteen polyvalent vaccines with “No Allergenic Extracts (including pollens “No U.S. Standard of Potency”. U.S. Standard of Potency”. and miscellaneous substances). License No. 113— Michael Reese Research 3. Toxoids and Toxins for Immunization License No. 108— Laboratoire du Foundation, Chicago, 111. Bacteriophage, Paris, France Diphtheria Toxoid. 1. Therapeutic Immune Serums Scarlet Fever Streptococcus Toxin for 1. Bacterial Antigens Immunization. Fifteen bacterial antigens with “No Measles Immune Serum (Human). Staphylococcus Toxoid. U.S. Standard of Potency”. Mumps Immune Serum (Human). Streptococcus Erythrogenic Toxin. Poliomyelitis Immune Serum (Human), Tetanus Toxoid. License* No. 110— Pitman-Moore Com­ Scarlet Fever Immune Serum (Human). pany, Division Allied Laboratories, Inc., 4. Multiple Antigen Preparations Zionsville, Ind. 2. Blood and Blood Derivatives Diphtheria and Tetanus Toxoids and 1. Antitoxins Antihemophilic Plasma (Human). Pertussis Vaccine Combined. Diphtheria Antitoxin. Citrated Whole Blood (Human). Diphtheria and Tetanus Toxoids Alum Perfringens Antitoxin: Normal Human Plasma. Precipitated and Pertussis Vaccine Normal Human Serum. Tetanus Antitoxin. Packed Red Blood Cells (Human). Combined. Tetanus and Gas Gangrene Polyvalent Diphtheria and Tetanus Toxoids Com­ Antitoxin. Resuspended Red Blood Cells (Human). bined Alum Precipitated. V. septique Antitoxin. 3. Diagnostic Substances for Laboratory Diphtheria Toxoid Alum Precipitated Tests and Pertussis Vaccine Combined. 2. Therapeutic Immune Serums Staphylococcus Toxoid—Bacterial Vac­ Antierysipeloid Serum. Anti-A Blood Grouping Serum. cine made from Staphylococcus Anti-B Blood Grouping Serum. (Aureus). 3. Blood and Blood Derivatives Anti-A,B Blood Grouping Serum. Staphylococcus Toxoid—Streptococcus Immune Serum Globulin (Human). Absorbed Anti-A Serum Toxin—Bacterial Vaccine made from Poliomyelitis Immune Globulin Anti-Rh Typing Serums: Staphylococcus (Aureus), Streptococ­ (Human). Anti Rho (Anti-D). cus (Hemolyticus), Pneumococcus Anti-Rho' (Anti-CD). Hemophilus Influenzae. 4. Bacterial Vaccines Anti-Rho" (Anti-DE). Tetanus and .Diphtheria Toxoids Com­ Pertussis Vaccine.x Anti-Rho rh' rh" (Anti-CDE). bined Alum Precipitated (For Adult Typhoid Vaccine. Anti-rh' (Anti-C). Use). Typhoid and Paratyphoid Vaccine. Anti-rh" (Anti-E). Thirteen polyvalent bacterial vaccines Anti-hr' (Anti-c). 5. Viral and Rickettsial Vaccines with “No U.S. Standard of Potency”. Anti-K Serum (Anti-Kell). Anti-Human Serum. Influenza Virus Vaccine. 5. Bacterial Antigens Rabies Vaccine. License No. 119— Barry Laboratories, Smallpox Vaccine. Five bacterial antigens with “No U.S. Inc., Detroit, Mich. Typhus Vaccine (Epidemic). Standard of Potency”. Yellow Fever Vaccine. * 6. Toxoids and Toxins for Immunization 1. Bacterial Vaccines 6. Diagnostic Substances for Dermal Diphtheria Toxoid. Nine polyvalent bacterial vaccines with Tests Staphylococcus Toxoid. “No U.S. Standard of Potency”. Diphtheria Toxin for Schick Test. Tetanus Toxoid. 2. Allergenic Extracts Scarlet Fever Streptococcus Toxin for 7. Multiple Antigen Preparations Dick Test. Allergenic Extracts (including pollens). Schick Test Control. Diphtheria and Tetanus Toxoids Alum Poison Ivy Extract. Precipitated and Pertussis Vaccine Poison Ivy-Oak-Sumac Extracts Com­ 7. Allergenic Extracts Combined. bined. Poison Sumac Extract. Allergenic Extracts (including pollens Diphtheria and Tetanus Toxoids Com­ and miscellaneous substances). bined Alum Precipitated. License No. 120—Bureau of Biologic Diphtheria Toxoid Alum Precipitated Products, Illinois Department of Pub­ license No. 102—Mulford Colloid and Pertussis Vaccine Combined. lic Health, Division of Laboratories, Laboratories, Philadelphia, Pa. 8. Viral and Rickettsial Vaccines Chicago, 111. 1. Allergenic Extracts Equine Encephalomyelitis Vaccine 1. Bacterial Vaccines Poison Ivy Extract. (Eastern) Pertussis Vaccine. Poison Oak Extract. Equine Encephalomyelitis Vaccine Typhoid Vaccine. Tincture Poison Ivy. (Western). Typhoid and Paratyphoid Vaccine. 6362 NOTICES 2. Toxoids and Toxins for Immunization Absorbed Anti-A Serum. Diphtheria Toxoid Aluminum Phosphate Anti-Rh Typing Serums: Adsorbed. Diphtheria Toxoid. Anti-Rho (Anti-D). Tetanus Toxoid. 3. Multiple Antigen Preparations Anti-Rho' (Anti-CD). Tetanus Toxoid Aluminum Phosphate Adsorbed. Diphtheria Toxoid Alum Precipitated Anti-Rho" (Anti-DE). Anti-Rho rh 'rh " (Anti-CDE), 6. Multiple Antigen Preparations and Pertussis Vaccine Combined. Anti-rh' (Anti-C) 4. Viral and Rickettsial Vaccines Anti-rh" (Anti-E). Diphtheria and Tetanus Toxoids Alum Anti-hr' (Anti-c). Precipitated and Pertussis Vaccine Rabies Vaccine. Anti-hr" (Anti-e). Combined. 5. Diagnostic Substances for Dermal Anti-K Serum (Anti-Kell). Diphtheria and Tetanus Toxoids Com­ Tests Anti-Human Serum. bined Alum Precipitated. Diphtheria and Tetanus Toxoids Com­ Diphtheria Toxin for Schick Test. License No. 140—Hyland Laboratories, bined Aluminum Phosphate Adsorbed. License No. 121—Texas State Depart­ Los Angeles, Calif. Diphtheria Toxoid Alum Precipitated ment of Health, Austin, Tex. 1. Therapeutic Immune Serums and Pertussis Vaccine Combined. 1. Bacterial Vaccines Diphtheria Toxoid Aluminum Phosphate Antimumps Serum. Adsorbed and Pertussis Vaccine Com­ Pertussis Vaccine. Antipertussis Serum. bined. Typhoid Vaccine. 2. Blood and Blood Derivatives Diphtheria and Tetanus Toxoids and 2. Toxoids and Toxins for Immunization Pertussis Vaccine Combined 'Alumi­ Antihemophilic Plasma (Human). num Phosphate Adsorbed. Diphtheria Toxoid. Citrated Whole Blood (Human). Tetanus and Diphtheria Toxoids Com­ Diphtheria Toxoid Aluminum Hydroxide Tmmune Serum Globulin (Human). bined Aluminum Phosphate Adsorbed Precipitated. Mumps Immune Globulin (Human). (for Adult Use). 3. Multiple Antigen Preparations Normal Human Plasma. Tetanus and Diphtheria Toxoids Com­ Normal Serum Albumin (Human). bined Alum Precipitated (For Adult Diphtheria Toxoid and Pertussis Vaccine Packed Red Blood Cells (Human). Use). Combined Alum Precipitated. Pertussis Immune Globulin (Human). 7. Viral and Rickettsial Vaccines 4. Viral and Rickettsial Vaccines Poliomyelitis Immune Globulin (Hu­ man). Adenovirus Vaccine.' Rabies Vaccine. Resuspended Red Blood Cells (Human). Poliomyelitis Vaccine. 5. Diagnostic Substances for Dermal 3. Diagnostic Substances for Laboratory Smallpox Vaccine. Tests Tests 8. Diagnostic Substances for Dermal • Diphtheria Toxin for Schick Test. Anti-A Blood Grouping Serum. Tests Schick Test Control. Anti-B Blood Grouping Serum. Diphtheria Toxin for Schick Test. Tuberculin, Old. Anti-A,B Blood Grouping Serum. Scarlet Fever Streptococcus Toxin for License No. 125—Hynson, Westcott & Absorbed Anti-A Serum. Dick Test. Dunning, Baltimore, Md. Group AB Serum (Human). Schick Test Control. 1. Miscellaneous Anti-Rh Typing Serums: Tuberculin, Old. Anti-Rho (Anti-D). 9. Allergenic Extracts Cobra Venom Solution. Anti-Rho' (Anti-CD). Cobra Venom with Silicic and Formic Anti-Rho" (Anti-DE). Allergenic Extracts (including pollens Acids. Anti-Rho rh' rh" (Anti-CDE). and. miscellaneous substances) . Anti-rh' (Anti-C). Poison Ivy Extract. License No. 129—Wellcome Research Anti-rh" (Anti-E). Poison Oak Extract. Laboratories, Beckenham, Kent, England Anti-hr' (Anti-cK Poison Ivy-Oak-Sumac Extracts Com­ 1. Miscellaneous Anti-hr" (Anti-e). bined. Streptokinase-Streptodornase. Anti-rhw (Anti-Cw). 10. Miscellaneous Anti-K Serum (Ariti-Kell). Russell Viper Venom. Anti-M Serum. Antivenin (Crotalidae) Polyvalent. License No. 135— Myers Laboratories, Anti-N Serum. License No. 147— Endo Laboratories, Inc., Inc., Warren, Pa. Anti-Human Serum. Richmond Hill, N.Y. 1. Bacterial Antigens Anti-Human Precipitin Serum. Haemophilus influenzae Typing Serum. 1. Allergenic Extracts One polyvalent bacterial antigen with Allergenic Extracts (including miscella­ “No U.S. Standard of Potency.” License No. 144— Wyeth Laboratories, Inc., Marietta, Pa. neous substances). Lieense No. 139—Philadelphia Serum License No. 149— Armour Pharmaceutical Exchange, Philadelphia, Pa. 1. Antitoxins Company, Division of Armour and 1. Therapeutic Immune Serums Diphtheria Antitoxin. Company of Chicago, Illinois, Kanka­ Measles Immune Serum (Human). Gas Gangrene Polyvalent Antitoxin. kee, 111. Mumps Immuiie Serum (Human). Tetanus Antitoxin. 1. Blood and Blood Derivatives Pertussis Immune Serum (Human). Tetanus and Gas Gangrene Polyvalent Immune Serum Globulin (Human). Scarlet Fever Immune Serum (Human) • Antitoxin. Normal Human Plasma. 2. Blood and Blood Derivatives 2. Therapeutic Immune Serums Normal Serum Albumin (Human). Poliomyelitis Immune Globulin (Hu­ Citrated Whole Blood (Human) . Antipertussis Serum. man). , Normal Human Serum. 3. Blood and Blood Derivatives Single Donor Plasma (Human). License No. 152— Gotham Pharmaceutical Normal Horse Serum. Co., Brooklyn, N.Y. 3. Diagnostic Substances for Dermal Tests 4. Bacterial Vaccines 1. Allergenic Extracts Allergenic Extracts (including pollens Mumps Skin Test Antigen. Cholera Vaccine. Pertussis Vaccine. and miscellaneous substances)^ 4. Diagnostic Substances for Laboratory Typhoid Vaccine. License No. 154—John Elliott Blood Tests Typhoid and Paratyphoid Vaccine. Bank o f Dade County, Inc., Miami, Fla. Anti-A Blood Grouping Serum. 1. Blood and Blood Derivatives Anti-B Blood Grouping Serum. 5. Toxoids and Toxins for Immunization Anti-A,B Blood Grouping Serum. Diphtheria Toxoid. Citrated Whole Blood (Human).

) Friday, August 7, 1959 FEDERAL REGISTER 6363 License No. 155—Wiener Serum Anti-N Serum. Anti-Rh Typing Serums: Laboratory, Brooklyn, N.Y. Anti-P Serum. Anti-Rho (Anti-D). 1. Diagnostic Substances'for Laboratory Anti-Human Serum. Anti-Rho' (Anti-CD). Tests Anti-Human Precipitin Serum. Anti-Rho" (Anti-DE). Anti-A Blood Grouping Serum. License No. 158— Washington Blood Anti-rh' (Anti-C). Anti-B Blood Grouping Serum. Laboratory, Washington, D.C. Anti-rh" (Anti-E). Absorbed Anti-A Serum. If Diagnostic Substances for Laboratory License No. 164—Knickerbocker Blood Anti-Rh Typing Serums: Tests Bank, New York, N.Y. Anti-Rho (Anti-D). 1. Blood and Blood Derivatives Anti-Rho' (Anti-CD)’. Anti-A Blood Grouping Serum. Anti-Rho" (Ajftti-DE). Anti-B Blood Grouping Serum. Citrated Whol§ Blood (Human). Anti-rh' (Anti-C). Anti-A,B Blood Grouping Serum. Absorbed Anti-A Blood Grouping Serum. 2. Diagnostic Substances for Laboratory Anti-rh" (Anti-E). Tests Anti-hr' (Anti-c). Anti-Rh Typing Serums: Anti-hr" (Anti-e). Anti-Rho (Anti-D). Anti-A Blood Grouping Serum. Anti-Fya Serum (Anti-Duffy). Anti-Rho' (Anti-CD). Anti-B Blood Grouping Serum. Anti-k Serum (Anti-Cellano). Anti-Rho" (Anti-DE). Anti-A,B Blood Grouping Serum. Anti-K Serum (Anti-Kell). Anti-Rho rh ' rh " (Anti-CDE) . Absorbed Anti-A Serum. Anti-rhw and Anti-K Serum (Anti-(CW+ Anti-rh' (Anti-C). Anti-Rh Typing Serums: Kell)). Anti-rh" (Anti-E). Anti-Rho (Anti-D) . Anti-M Serum. Anti-hr' (Anti-c). Anti-Rho' (Anti-CD). Anti-N Serum. Anti-Human Serum. Anti-Rho" (Anti-DE). Anti-Human Serum. License No. 159— Blood Grouping Lab­ Anti-Rho rh' rh" (Anti-CDE). Anti-Human Precipitin Serum. oratory of Boston, Inc., Boston, Mass. Anti-rh' (Anti-C). Anti-rh" (Anti-E). License No. 156— Ortho Pharmaceutical 1. Diagnostic Substances for Laboratory Anti-hr' (Anti-c). Corporation, Raritan, N.J. Tests Anti-hr" (Anti-e). 1. Blood and Blood Derivatives Anti-A Blood Grouping Serum. Anti-hrv (Anti-V). Anti-B Blood Grouping Serum. Anti-rhw (Anti-Cw). Fibrinogen (Human). Absorbed Anti-A Serum. Anti-Fya Serum (Anti-Duffy). Fibrinolysin (Human). Anti-Jka Serum (Anti-Kidd). Profibrinolysin (Human). Anti-Rh Typing Serums: Thrombin. Anti-Rho (Anti-D). Anti-Jkb Serum. Anti-Rho' (Anti-CD). Anti-K Serum (Anti-Kell). 2. Diagnostic Substances for Laboratory Anti-rh' (Anti-C). Anti-k Serum (Anti-Cellano). Tests Anti-rh" (Anti-E). Anti-Lea Serum (Anti-Lewis). Anti-A Blood Grouping Serum. Anti-hr' (Anti-c). Anti-M Serum. Anti-B Blood Grouping Serum. * Anti-hr" (Anti-e). Anti-P Serum. Anti-A, B Blood Grouping Serum. Anti-rhw (Anti-Cw). Anti-S Serum. Anti-Rho+Sftfjo (Anti-D+Du) . Anti-s Serum. * Absorbed Anti-A Serum. Anti-Fya Serum (Anti-Duffy). Anti-Human Serum. Anti-Rh Typing Serums: Anti-K Serum (Anti-Kell). Anti-Rho (Anti-D). Anti-Lea Serum (Anti-Lewis). 3. Miscellaneous Anti-Rho' (Anti-CD). Anti-Leb Serum. Blood Group Specific Substance A. Anti-Rho" (Anti-DE). Blood Group Specific Substance B. Anti-Rho rh' rh " (Anti-CDE). Anti-M Serum. Anti-rh' (Anti-C). Anti-Human Serum. License No. 165— Blood Bank Anti-rh" (Anti-E). License No. 161— Blood Transfusion Foundation, Nashville, Tenn. Anti-hr' (Anti-c). Association, New York, N.Y. I. Blood and Blood Derivatives Anti-hr" (Anti-eX. 1. Blood and Blood Derivatives Anti-rhw (Anti-Cw). Antihemophilic Plasma (Human). Anti-Fya Serum (Anti-Duffy). Citrated Whole Blood (Human). Citrated Whole Blood (Human). Anti-k Serum (Anti-Cellano). Packed Red Blood Cells (Human). Normal Human Plasma. Anti-K Serum (Anti-Kell). Single Donor Plasma (Human). Packed Red Blood Cells (Human). Anti-MSerum. 2. Diagnostic Substances for Laboratory Resuspended Red Blood Cells (Human) . Anti-N Serum. Tests 2. Diagnostic Substances for Laboratory Anti-S Serum. Anti-A Blood Grouping Serum. Tests Anti-Human Serum. Anti-B Blood Grouping Serum. Anti-A Blood Grouping Serum. License No. 157— Certified Blood Donor Anti-Rh Typing Serums: Anti-B Blood Grouping Serum. Service, Inc., Jamaica, N.Y. - Anti-Rho (Anti-D). Absorbed Anti-A Serum. Anti-Rho' (Anti-CD). Anti-Rh Typing Serums: 1. Diagnostic Substances for Laboratory Anti-rh' (Anti-C). Anti-Rho (Anti-D). Tests Anti-rh" (Anti-E). Anti-Rho' (Anti-CD). Anti-A Blood Grouping Serum. , Anti-Human Serum. Anti-Rho" (Anti-DE). Anti-B Blood Grouping Serum. License No. 162— Blood and Plasma Bank, Anti-Rho rh' rh" (Anti-CDE). Anti-A, B Blood Grouping Serum. Anti-rh' (Anti-C). New York University, Bellevue Medical Anti-rh" (Anti-E). Absorbed Anti-A Serum. Center, New York, N.Y. Anti-hr' (Anti-c). Anti-Rh Typing Serums: 1. Blood and Blood Derivatives Anti-hr" (Anti-e). Anti-Rho (Anti-D). Citrated Whole Blood (Human). Anti-K Serum (Anti-Kell). Anti-Rho' (Anti-CD). Anti-Human Serum. Anti-Rho" (Anti-DE). Normal Human Plasma. Anti-Rho rh' rh " (Anti-CDE). License No.163— High Titer Serum Blood Bank Foundation, Atlanta Branch, Anti-rh' (Anti-C). Laboratory, New York, N.Y. Atlanta, Ga. Anti-rh" (Anti-E). 1. Blood and Blood Derivatives Anti-hr' (Anti-c). 1. Blood and Blood Derivatives Anti-hr" (Anti-e). Citrated Whole Blood (Human). Citrated Whole Blood (Human). Anti-rhw (Anti-Cw). 2. Diagnostic Substances for Laboratory License No. 166— Belle Bonfils Memorial Anti-Fya serum (Anti-Duffy). Tests Blood Bank, Denver, Colo. Anti-k Serum (Anti-Cellano). Anti-A Blood Grouping Serum. 1. Blood and Blood Derivatives Anti-KSerum (Anti-Kell). Anti-M Serum Anti-B Blood Grouping Serum. Citrated Whole Blood (Human). Absorbed Anti-A Serum. Packed Red Blood Cells (Human). 6364 NOTICES Resuspended Red Blood Cells (Human). License No. 174—Lloyd Brothers, Phar­ Southwest Blood Bank of Albuquerque, macists, Inc., Cincinnati, Ohio Albuquerque, N. Mex. 2. Diagnostic Substances for Laboratory Southwest Blood Bank of Alexandria, Tests 1. Allergenic Extracts Alexandria, La. Anti-A Blood Grouping Serum. Tincture Poison Ivy. Southwest Blood Bank of Cheyenne, Anti-B Blood Grouping Serum.. License No. 175—Inter-County Blood Cheyenne, Wyo. Anti-Rh Typing Serums: Bank, Inc., Jamaica, N.Y. Southwest Blood Bank of El Paso, El Paso, Tex. Anti-Rho (Anti-D). 1. Blood and Blood Derivatives Anti-Rho' (Anti-CD). Southwest Blood Bank of Harlingen, Anti-rh" (Anti-E). Citrated Whole Blood (Human). Harlingen, Tex. Anti-hr' (Anti-c). Packed Red Blood Cells (Human). Southwest Blood Bank of Houston, Anti-hr" (Anti-e). Houston, Tex. Anti-K Serum (Anti-Kell). License No. 176— Laboratories Myn, Southwest Blood Bank of Little Rock, Mexico D.F., Mexico' Little Rock, Ark. License No. 167—J. K. and Susie L. 1. Miscellaneous Southwest Blood Bank of Lubbock, Lub­ Wadley Research Institute and Blood bock, Tex. Bank, Dallas, Tex. Antivenin, Scorpion. Southwest Blood Bank of Meridian, 1. Blood and Blood Derivatives License No. 177— Rogatol Pharmaceutical Meridian, Miss. Co., Hato Rey, P.R. Citrated Whole Blood (Human). Southwest Blood Bank of Minot, Minot, 1. Allergenic Extracts N. Dak. 2. Diagnostic Substances for Laboratory Southwest Blood Bank of Phoenix, Tests Allergenic Extract—Schistosoma man- Phoenix, Ariz. soni. Anti-Rh Typing Serums: Southwest Blood Bank of Reno, Reno, Anti-Rho (Anti-D). License No. 178— California Transfusion Nev. Anti-Rho' (Anti-CD). Service, Los Angeles, Calif. Southwest Blood Bank of San Antonio, Anti-rh' (Anti-C). 1. Blood and Blood Derivatives San Antonio, Tex. Anti-rh" (Anti-E). 1. Blood and Blood Derivatives Anti-hr' (Anti-c). Citrated Whole Blood (Human). Anti-Human Serum. License No. 179—Dade Reagents, Inc., Citrated Whole Blood (Human). Miami, Fla. License No. 184— Travenol Laboratories, License No. 168— Mount Sinai Medical Inc., Morton Grove, 111., and Los An­ Research Foundation, Chicago, 111. 1. Diagnostic Substances for Laboratory Tests geles, Calif. 1. Blood and Blood Derivatives Anti-A Blood Grouping Serum. 1. Therapeutic Immune Serums Citrated Whole Blood (Human). Anti-B Blood Grouping Serum. Antimumps Serum (Human). 2. Diagnostic Substances for Laboratory Anti-A,B Blood Grouping Serum. Antipertussis Serum (Human). Tests Absorbed Anti-A Serum. , 2. Bacterial Antigens Anti-Rh Typing Serums: Anti-A Blood Grouping Serum. Pseudomonas Polysaccharide. Anti-B Blood Grouping Serum. Anti-Rho (Anti-D). Anti-RhTyping Serums: Anti-Rho' (Anti-CP). 2. Blood and Blood Derivatives Anti-Rho (Anti-D). Anti-Rho" (Anti-DE). Antihemophilic Plasma (Human). Anti-M Serum. Anti-Rho rh' r h '' (Anti-CDE). Immune Serum Globulin (Human). Anti-N Serum. Anti-rh' (Anti-C). Normal Human Plasma. Anti-Human Serum. Anti-rh" (Anti-E). Normal Serum Albumin (Human). Anti-hr' (Anti-c). Poliomyelitis Immune Globulin (Hu­ License No. 169—Chicago Blood Donor Anti-hr" (Anti-e). Service, Inc., Chicago, 111. Anti-K Serum (Anti-Kell). man) . 1. Blood and Blood Derivatives Anti-M Serum. 4. Diagnostic Substances for Laboratory Anti-N Serum. . - - Tests Citrated Whole Blood (Human). Anti-Human Serum. Packed Red Blood Cells (Human), Anti-A Blood Grouping Serum. Single Donor Plasma (Human). License No. 181— Jacksonville Blood Anti-B Blood Grouping Serum. Bank, Inc., Jacksonville, Fla. Anti-A,B Blood Grouping Serum. License No. 170—Jackson Medical Lab­ 1. Blood and Blood Derivatives Absorbed Anti-A Serum. oratory and Blood Bank, Jackson, Tenn. Group AB Serum (Human). 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Anti-Rh Typing Serums: "Packed Red Blood Cells (Human). Anti-Rho (Anti-D). Citrated Whole Blood (Human). Single Donor Plasma (Human). Anti-Rho' (Anti-CD). License No. 171— Courtland Laboratories, 2. Diagnostic'Substances for Laboratory Anti-Rho" (Anti-DE). * Los Angeles, Calif. Tests Anti-Rho rh'rh" (Anti-CDE). Anti-rh' (Anti-C). t. Therapeutic Immune Serums Anti-A Blood Grouping Serum. Anti-rh" (Anti-E). Chickenpox Immune Serum (Human). Anti-B Blood Grouping Serum. Anti-hr' (Anti-c). Measles Immune Serum (Human). Anti-A,B Blood Grouping Serum. Anti-M Serum. Mumps Immune Serum (Human). Anti-Rh Typing Serums: Anti-N Serum. Pertussis Immune Serum (Human). Anti-Rho (Anti-D). Anti-Human Serum. Scarlet Fever Immune Serum (Human). Anti-Human Serum. Anti-Human Precipitin Serum. 2. Blood and Blood Derivatives License No. 182— Irwin Memorial Blood License No. 185— Minneapolis War Memo­ Bank of the San Francisco Medical rial Blood Bank, Inc., Minneapolis, Citrated Whole Blood (Human). Society, San Francisco, Calif. Minn. Immune Serum Globulin (Human). 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Normal Serum Albumin (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). Normal Human Plasma. Normal Human Plasma. Normal Human Plasma. Poliomyelitis Immune Globulin (Hu­ Packed Red Blood Cells (Human). Packed Red Blood Cells (Human). man) ., Resuspended Red Blood Cells (Human). Resuspended Red Blood Cells (Human). License No. 173— Interstate Blood Bank, License No. 183— Southwest Blood 2. Diagnostic Substances for Laboratory Inc., Memphis, Tenn. Banks, Inc., Phoenix, Ariz. Tests 1. Blood and Blood Derivatives This establishment license includes the Anti-A Blood Grouping Serum. Citrated Whole Blood (Human). following locations: Anti-B Blood Grouping Serum. Friday, August 7, 1959 FEDERAL REGISTER 6365 Anti-Rh Typing Serums: Greater Toledo Regional Blood Center, Resuspended Red Blood Cells (Human). Anti Rho (Anti-D). Toledo, Ohio. Single Donor Plasma (Human). Anti-Rho' (Anti-CD). Huntington Regional Blood Center, Anti-rh' (Anti-C). Huntington, W. Va. 2. Diagnostic Substances for Laboratory Anti-rh" (Anti-E). Intermountain Regional Blood Center, Tests Anti-hr' (Anti-c). Salt Lake City, Utah. Anti-A Blood Grouping Serum. License No. 187—Milwaukee Blood Johnstown Regional Blood Center, Anti-B Blood Grouping Serum. Center, Inc., Milwaukee, Wis. Johnstown, Pa. Knox County Regional Blood Center, License No. 192— King County Central 1. Therapeutic Immune Serums Galesburg, 111. Blood Bank, Seattle, Wash. Measles Immune Serum (Human). Lansing Regional Blood Center, Lansing, J. Blood and Blood Derivatives Mumps Immune Serum (Human). Mich. Pertussis immune Serum (Human). Los Angeles-Orange Counties Regional Citrated Whole Blood (Human). Poliomyelitis Immune Serum (Human). Blood Center, Los Angeles, Calif. Normal Human Plasma. Scarlet Fever Immune Serum (Human). Louisville Regional Blood Center, Louis­ License No. 193— Center Laboratories, ville, Ky. Port Washington, N.Y. 2. Blood and Blood Derivatives Massachusetts Regional Blood Center, Citrated Whole Blood (Human). Boston, Mass. 1. Allergenic Extracts Normal Human Plasma. Mobile Regional Center, Mobile, Ala. Allergenic Extracts (including pollens Normal Human Serum. Montana Regional Blood Center, Great and miscellaneous substances). Single Donor Plasma (Human). Falls, Mont. Muskegon County Regional Blood Cen­ License No. 194— Sacramento Medical 3. Diagnostic Substances for Laboratory Foundation Blood Bank, Sacramento, Tests ter, Muskegon, Mich. Calif. Nashville Regional Blood- Center, Nash­ Anti-A Blood Grouping Serum. ville, Tenn. 1. Blood and Blood Derivatives Anti-B Blood Grouping Serum. Nebraska-Iowa Regional Blood Center, Citrated Whole Blood (Human). Anti-Rh Typing Serums: ^ Omaha, Nebr. Packed Red Blood Cells (Human). Anti-Rho (Anti-D). New York Regional Blood Center, New Single Donor Plasma (Human). Anti-Rho' (Anti-CD). York, N.Y. Anti-Rho rh' rh " (Anti-CDE). Northeastern Pennsylvania Regional License No. 195— Peninsula Memorial Anti-Human Serum. Blood Center, Wilkes-Barre, Pa. Blood Bank, Burlingame, Calif. License No. 188— Research Foundation Pacific Northwest Regional Blood Center, 1. Blood and Blood Derivatives and University of Illinois, Chicago, 111. Portland, Oreg. Peoria Regional Blood Center, Peoria, 111. Citrated Whole Blood (Human). 1. Bacterial Vaccines Philadelphia Regional Blood Center, License No. 197— Sonoma County Com­ BCG Vaccine. Philadelphia, Pa. munity Blood Bank, Santa Rosa, Calif. Rochester Regional Blood Center, Roch­ License No. 190— The American National ester, N.Y. 1. Blood and Blood Derivatives Red Cross, Washington, D.C. South Atlantic Regional Blood Center, Citrated Whole Blood (Human). This establishment license includes the Savannah, Ga. following locations: South Carolina Regional Blood Center, License No. 198—Tri-Counties Blood Appalachian Regional Blood Center, Columbia, S.C. Bank, Santa Barbara, Calif. Roanoke, Va. Southern Arizona Regional Blood Center, 'j 1. Blood and Blood Derivatives Tucson, Ariz. Asheville Regional Blood Center, Ashe- Citrated Whole Blood (Human). «ville, N.C. Springfield Regional Blood Center, Atlanta Regional Blood Center, Atlanta, Springfield, Mo. Licence No. 199— Blood Bank of Hawaii, Ga. St. Louis Regional Blood Center, St. Honolulu, Hawaii Louis, Mo. Badger Regional Blood Center, Madison, 1. Blood and Blood Derivatives Wis. St. Paul Regional Blood Center, St. Paul, Baltimore Regional Blood Center, Balti­ Minn. Citrated Whole Blood (Human). more, Md. Syracuse Regional Blood Center, Syra­ Normal Human Plasma. Beaver County Regional Blood Center, cuse, N.Y. Tidewater Regional Blood Center, Nor­ License No. 201— San Diego Blood Bank, New Brighton, Pa. San Diego, Calif. Birmingham Regional Blood Center, folk, Va. Birmingham, Ala. Tulsa County Regional Blood Center, 1. Blood and Blood Derivatives Tulsa, Okla. Black Hawk County Regional Blood Cen­ Citrated Whole Blood (Human). ter, Waterloo, Iowa. Vermont-New Hampshire Regional Blood Boise Regional Blood Center, Boise, Center, Burlington, Vt. License No. 202— Tacoma-Pierce County Idaho. Volusia Flagler Regional Blood Center, Blood Bank, Tacoma, Wash. Buffalo Regional Blood Center, Buffalo, Daytona Beach, Fla. 1. Blood and Blood Derivatives N.Y. Washington, D.C. Regional Blood Cen­ Central Texas Regional Blood Center,- ter, Washington, D.C. Citrated Whole Blood (Human). Waco, Tex. Wichita County Regional Blood Center, Packed Red Blood Cells (Human). Charlotte Regional Blood Center, Char­ Wichita Falls, Tex. Single Donor Plasma (Human). lotte, N.C. Wichita Regional Blood Center, Wichita, License No. 203— Spokane & Inland Em. Cleveland Regional Blood Center, Cleve­ Kans. pirf Blood Bank, Spokane, Wash. land, Ohio. 1. Blood and Blood Derivatives Columbia River Regional Blood Center, 1. Blood and Blood Derivatives Yakima, Wash. Citrated Whole Blood (Human). Citrated Whole Blood (Human). Columbus Regional Blood Center, Co­ Normal Human Plasma. Single Donor Plasma (Human). lumbus, Ohio.. Packed Red Blood Cells (Human). Connecticut Regional Blood Center, Single Donor Plasma (Human) . License No. 204— Virginia Blood Bank, Hartford, Conn. Inc., Richmond, Va. License No. 191— Blood Bank of the Al­ Regional Blood Center, Detroit, 1. Blood and Blood Derivatives Mich. ameda-Contra Costa Medical Associa­ tion, Oakland, Calif. Citrated Whole Blood (Human). Port Wayne Regional Blood Center, Fort Wayne, ind. 1. Blood and Blood Derivatives 2. Diagnostic Substances for Laboratory our County Regional Blood Center, San Tests Jose, Calif. Citrated Whole Blood (Human). Packed Red Blood Cells (Human). Antj-B Blood Grouping Serum. 6368 NOTICES License No. 228— Southwest Florida License No. 243— Blood Plasma Corpora­ License No. 209—Maxwell Blood Bank, tion of Japan, Osaka, Japan The Children’s Memorial Hospital, Blood Bank, Inc., Tampa, Fla. Chicago, 111. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Normal Human Plasma. Citrated Whole Blood (Human). License No. 229— Bender Laboratory License No. 244— Travis County Medical Society Blood Bank, Austin, Tex. License No. 212—District of Columbia Blood Bank, Albany, N.Y. General Hospital, Washington, D.C. 1. Blood and, Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). License No. 231—Dubuque Blood Bank License No. 2 4 S —Nihon Seiyaku Co., Ltd., License No. 213—Blood Bank of the Association, Dubuque, Iowa Tokyo, Japan Washington Hospital Cénter, Washing­ 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives ton, D.C. Citrated Whole Blood (Human). Normal Human Plasma. 1. Blood and Blood Derivatives Normal Human Plasma. License No. 246— Potter County Memorial Citrated Whole Blood (Human). License No. 232—Holy Cross Hospital Blood Center, Inc., Amarillo, Tex. License No. 214— Doctors Hospital Research Foundation, Salt Lake City, Blood Bank, Washington, D.C. Utah 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives ' i Diagnostic Substances for Laboratory Citrated Whole Blood (Human). Tests Citrated Whole Blood (Human). License No. 248— Central Blood Bank, Anti-A Blood Grouping Serum. Inc., South Bend, Ind. License No. 215— Blood Grouping Anti-B Blood Grouping Serum. Laboratory, Washington, D.C. Anti-Rh Typing Serums : 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Anti-Rho (Anti-D). Citrated Whole Blood (Human). Anti-Rho' (Anti-CD). Citrated Whole Blood (Human). Anti-hr' (Ai^ti-c). License No. 249— Northern Illinois Blood Normal Human Plasma. Anti-Human Serum. Bank, Inc., Rockford, 111. Packed Red Blood Cells (Human). 1. Blood and Blood Derivatives Resuspended Red Blood Cells (Human). License No. 233— Ochsner Foundation Hospital Blood Bank, New Orleans, La. Citrated Whole Blood (Human). License No. 217—Freed men’s Hospital, Washington, D.C. 1. Blood and Blood Derivatives License No. 250— St. Luke’s Hospital 1. Bloód and Blood Derivatives Citrated Whole Blood (Human). Blood,. Bank, Aberdeen, S. Dak. 1. Blood and Blood Derivatives Citrated Whole Blood (Human). License No. 234— Central Blood Bank of Pittsburgh, Pittsburgh, Pa. License No. 218-—Providence Hospital Citrated Whole Blood (Human). Blood Bank, Washington, D.C. 1. Blood and Blood Derivatives License No. 251— Jacob Blumberg Memo- Citrated Whole Blood (Human). , rial Blood Bank, Inc., of the Lake 1. Blood and Blood Derivatives County Medical Society, Waukegan, III. Citrated Whole Blood (Human). License No. 235— University of Cincin­ nati Blood Transfusion Service, Cin­ 1. Blood and Blood Derivatives License No. 219—Fargo Clinic Blood cinnati, Ohio Citrated Whole Blood (Human). Bank, Fargo, N. Dak. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives License No. 252— Detroit Blood Service, Citrated Whole Blood (Human). Inc., Detroit, Mich. Citrated Whole Blood (Human). Packed Red Blood Cells (Human). 1. Blood and Blood Derivatives Resuspended Red Blood Cells (Human). License No. 220— Broome County Blood Citrated Whole Blood (Human). Center, Binghamton,. N.Y. License No. 236— Medical Center-State Packed Red Blood Cells (Human). 1. Blood and Blood Derivatives Health Department Blood Bank, Grand Single Donor Plasma (Human). Forks, N. Dak. Citrated Whole Blood (Human). 1. Blood and Blood Derivatives License No. 254— Knoxville Blood Center, License No. 221—Essex County Blood Inc., Knoxville, Tenn. Bank, Inc., Newark, N.J. Citrated Whole Blood (Human). 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives License No. 237— Shreveport Emergency Blood Bank, Inc., Shreveport, La. Citrated Whole Blood (Human). Citrated Whole Blood (Human). 1. Blood and Blood Derivatives License No. 257— Chek-Lab. Inc., Chicago, . License No. 222— Aurora Blood Bank and Citrated Whole Blood (Human). 111 Donors Society, Aurora, 111. 1. Diagnostic Substances for Laboratory License No. 238— Instituto Sieroterapico Tests 1. Blood and Blood Derivatives Toscano, Siena, Italy Citrated Whole Blood (Human). 1. Therapeutic Immune Serums Anti-A Blood Grouping Serum. Packed Red Blood Cells (Human). Anti-B Blood Grouping Serum. Antirabies Serum. Anti-Rh Typing Serums: License No. 224— Community Blood and 1 Anti-Rho' (Anti-CD). Plasma Service, Inc., Birmingham, Ala. License No. 239—Houchin Community Blood Bank, Bakersfield, Calif. Anti-Human Serum. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives License No. 258— Osterreichisches Insti- Citrated Whole Blood (Human). Citrated Whole Blood (Human). tut fur Haemoderivate, Vienna, Austria License No. 226—Blood Bank of San License No. 240—Memphis Blood 1. Blood and Blood Derivatives Bernardino and Riverside Counties, Center, Inc., Memphis, Tenn. Immune Serum Globulin (Human). Inc., San Bernardino, Calif. 1. Blood and Blood Derivatives Poliomyelitis Immune Globulin (Hu­ 1. Blood and Blood Derivatives Citrated Whole Blood (Human). man) . Citrated Whole Blood (Human). License No. 241— Community Blood and License No. 259—Holston Valley License No. 227— Central Florida Blood Plasma Service, Inc. of Texas, Houston, munity Hospital Blood Bank, hmg - Bank, Incorporated, Orlando, Fla. Tex. — port, Tenn. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). F riday, A u gu st 7, 1959 FEDERAL REGISTER 6367

License No. 260—St. Francis Hospital License No. 275—U.S. Pharmaceutical, License No. 289—Hospital University of Blood Bank, Trenton, N.J. Inc., Burbank, Calif. Pennsylvania Blood Bank, Philadelphia, 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Normal Human Plasma. 1. Blood and Blood Derivatives License No. 261— Hospital Blood 2. Diagnostic Substances for Laboratory Citrated Whole Blood (Human). Service, Inc., Detroit, Mich. Tests 2. Diagnostic Substances for Laboratory 1. Blood and Blood Derivatives Anti-Rh Typing Serums: Tests Citrated Whole Blood (Human). Anti-Rho (Anti-D). Anti-A Blood Grouping Serum. License No. 262— Service League Com« License No. 276—Western Pennsylvania Anti-B Blood Grouping Serum. inunity Blood Bank, Inc., Pueblo Colo. Blood Center, Inc., Pittsburgh, Pa. Anti-A, B Blood Grouping Serum. Anti-Rh Typing Serums: 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Anti-Rho (Anti-D). Citrated Whole Blood (Human). Citrated Whole Blood (Humam* Anti-Human Serum. License No. 263—The Community Blood License No. 277— Community Memorial License No. 290—Pineview General Bank, Norton, Va. General Hospital, La Grange, 111. Hospital Blood Bank, Valdosta, Ga. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). License No. 264— Mid-West Blood Bank License No. 278— Brooklyn Donor License No. 291— Sci Lab, Derby, Colo. and Plasma Service Kansas City, Mo. Center, Inc., Brooklyn, N.Y. 1. Diagnostic Substances for Dermal 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Tests Citrated Whole Blood (Human). Citrated Whole Blood (Human). Blastomycin, Pin Test. License No. 265—W. E. Stewart Blood License No. 279—Menolasino Labora­ Coccidioidin, Pin Test. Bank, Inc., Tyler, Tex. tories, Melrose Park, 111. Histoplasmin, Pin Test. 1. Blood and Blood Derivatives 1. Diagnostic Substances for Laboratory Tuberculin, Pin Test. Citrated Whole Blood (Human). Tests License No. 292— Graham Laboratories, Anti-Human Serum. Inc., Dallas, Tex. License No'. 266—Blood Bank of The 1. Allergenic Extracts Bryn Mawr Hospital, Bryn Mawr, Pa. License No. 280— Ward Laboratories, Durham, N.C. 1. Blood and Blood Derivatives Allergenic Extracts. 1. Diagnostic Substances for Laboratory Citrated Whole Blood (Human). License No. 293— Passaic Blood Bank, Tests Inc., Passaic, N.J. License No. 267—Blood Bank of St. Anti-PyaSerum (Anti-Duffy). 1. Blood and Blood Derivatives Luke’s Hospital (Duluth), Duluth, Minn. Anti-KSerum (Anti-Kell). 1. Blood and Blood Derivatives Anti-Human Serum, Citrated Whole Blood (Human). Citrated Whole Blood (Human). License No. 281—Nuclear Consultants License No. 295— St. Mary Community Corporation, St. Louis, Mo. Blood Bank, Hoboken, N.J. License No. 268— Community Blood Service, Inc., St. Louis, Mo. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Radio-Iodinated (I131) Serum Albumin Citrated Whole Blood (Human). (Human). Citrated Whole Blood (Human). License No. 296— Midwest Blood License No. 283— Hoffmann Laboratories, Service, Inc., Detroit, Mich. License No. 269— Beverly Blood Center, Inc., Paterson, N.J. Inc., Chicago, 111. 1. Blood and Blood Derivatives ti Blood and Blood Derivatives 1. Bacterial Antigens Citrated Whole Blood (Human). One polyvalent bacterial antigen with Citrated Whole Blood (Human). “No U.S. Standard of Potency”. License No. 297— Pfizer Laboratories, Div. License No. 270— Marietta Memorial Chas. Pfizer & Co., Inc., New York, Hospital, Marietta, Ohio License No. 284— Rhode Island Hospital N.Y., Terre Haute, Ind. Blood Bank, Providence, R.I. 1. Blood and Blood Derivatives 1. Viral and Rickettsial Vaccines 1. Blood and Blood Derivaiives Citrated Whole Blood (H u m a n ) . Influenza Virus Vaccine. Citrated Whole Blood (Human). License ^ No. 271— St. Luke’s Memorial License No. 298— Lewiston-Clarkston Hospital Blood Bank, Racine, Wis. License No. 285—Marathon County Blood Bank, Lewiston, Idaho Blood Bank, Inc., Wausau, Wis. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). Mn?nSj ^°* ^ — Southern Michigan License No. 299—The Lincoln Founda­ Blood Center, Inc., Detroit, Mich. License No. 286— Edgewater Hospital tion, Swarthmore, Pa. 1. Blood and Blood Derivatives Blood Bank, Chicago, 111. 1. Bacterial Antigens 1. Blood and Blood Derivatives Citrated Whole Blood (Human). One polyvalent bacterial antigen with Citrated Whole Blood (Human). License No. 273— Oklahoma City Com­ “No U.S. Standard of Potency”. munity Blood Bank, Inc., Oklahoma License No. 287— Cleveland Donor License No. 300— Massachusetts General Lity, Okla. Service, Inc., Cleveland, Ohio Hospital Blood Bank, Boston, Mass. 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). License No. 274— Bergen Community License No. 288—Delta Blood Bank, License No. 301— Cleveland Biologicals, Blood Bank, Paramus, N.J. Stockton, Calif. Inc., Cleveland, Ohio L Blood and Blood Derivatives 1. Blood and Blood Derivatives 1. Blood and Blood Derivatives Citrated Whole Blood (Human). Citrated Whole Blood (Human). Citrated Whole Blood (Human). 6368 NOTICES

License No. 302— Community Blood Bank Part II. List of Biologic Products With Normal Human Plasma—2, 8, 99, 113, of the Kansas City Area, Inc., Kansas License Numbers of Establishments 140, 149, 162, 165, 171, 182, 184, 185, City, Mo. 187, 190, 192, 199, 215, 231, 243, 245, Licensed for Each Product 275. 1, Blood and Blood Derivatives i. Antitoxins Normal Human Serum—113, 139, 187. Citrated Whole Blood (Human). Normal Rabbit Serum—99. Packed Red Blood Cells (Human). B. histolyticus Antitoxin—17. Normal Serum Albumin (Human)—2, 8, Single Donor Plasma (Human). B. oedematiens Antitoxin—1, 8,17. 52, 64, 73, 99, 140, 149, 171, 184. B. sordellii Antitoxin—17. Packed Red Blood Cells (Human)—113, License No, 303—Delta Biochemicals, Botulism Antitoxin—17. 140, 161, 165, 166, 169, 175, 181, 182, Inc., San Antonio, Tex. Diphtheria Antitoxin—1, 8,11,14, 17, 56, 185, 190, 191, 194, 202, 215, 222, 235, 1. Diagnostic Substances for 64,73, 99,101,110,144. 252.302. Laboratory Tests Dysentery Antitoxin, Shiga—1. Pertussis Immune Globulin (Human) — Anti-Human Serum. Gas Gangrene Polyvalent Antitoxin—8, 8,140. 17,101,144. Plasma Protein Fraction (Human) —8. License No. 304— Lane County Blood Perfringens Antitoxin—1,8,17,56,110. Poliomyelitis Immune Globulin (Hu­ Bank, Eugene, Oreg. Staphylococcus Antitoxin—73. m an)—1, 2, 8, 17, 52, 64, 99, 110, 140, 1. Blood and Blood Derivatives Tetanus Antitoxin—1, 2, 8, 11, 14, 17, 56, 149,171,184,258. 64, 73, 99,101,110, 144. Profibrinolysin (Human)—156. Citrated Whole Blood (Human). Tetanus and Gas Gangrene Polyvalent Radio-Iodinated (I131) Serum Albumin License No. 305— Interstate Blood Bank, Antitoxin—1, 8, 17, 56, 101, 110, 144. (Human)—43, 52,281. Inc. of Chicago, Illinois, Chicago, 111. V. septique Antitoxin—1, 8, 17, 56, 110. Resuspended Red Blood Cells (Hu­ 1. Blood and Blood Derivatives m an)—99, 113, 140, 165, 166, 182, 185, 2. Therapeutic Immune Serums 191,215,235. Citrated Whole Blood (Human). Antibrucella Serum—2. Single Donor Plasma (Human)—139, License No. 306—Purex Laboratories, Antierysipeloid Serum—110. 161, 169, 181, 187, 190, 191, 194, 202, Inc., Staten 'Island, N.Y. Anti-Hemophilus Influenzae Type b 203.252.302. Tetanus Immune Globulin (Human) —8. 1. Allergenic Extracts Serum—99. Antimumps Serum—-140,184. Thrombin—1, 2, 8, 51,156. Allergenic Extracts. Antipertussis Serum—140,144,184. 4. Bacterial Vaccines Antipneumococcic Serum—99. License No. 307— Cappel Laboratories, BCG Vaccine—188. Inc., West Chester, Pa. Antirabies Serum—17,238. Anti-Rocky Mountain Spotted Fever Cholera Vaccine—1, 2, 8, 11, 17, 56, 1. Diagnostic Substances for Laboratory Serum—2. 101,144. Tests Antitularemic Serum—2. Bacterial Vaccine made from Partially Anti-Human Serum. Chicken Pox Immune Serum (Human) — Autolyzed Pneumococci—56. 171. Pertussis Vaccine—1, 2, 8, 14, 17, 30, 56, License No. 308— Greer Drug & Chemical 64, 99, 101, 110, 120, 121, 144, Corporation, Lenoir, N.C. Measles Immune Serum (Human)—113, 139.171.187. Pertussis Vaccine Aluminum Hydroxide 1. Allergenic Extracts Mumps Immune Serum (Human)—113, Adsorbed—8. Pertussis Vaccine Aluminum Phosphate Allergenic Extracts. 139.171.187. Pertussis im m une Serum (Human)—139, Adsorbed—1. License No. 309— Suburban Hospital 171.187. Plague Vaccine—8. Blood Bank, Bethesda, Md. Poliomyelitis Immune Serum (Human)— Typhoid Vaccine—2, 8, 11, 14, 56, 64, 1. Blood and Blood Derivatives 113.187. 99, 101, 105, 110, 120, 121, 144. Scarlet Fever Immune Serum (Hu­ Typhoid and Paratyphoid Vaccine—1, 2, Citrated Whole Blood (Human). m an)—113, 139 171,187. 8, 14, 17, 56, 64, 99, 101, 110, 120, 144. License No. 310—Arlington Hospital Polyvalent bacterial vaccines with “No Blood Bank, Arlington, Ya. 3. Blood and Blood Derivatives U.S. Standard Of Potency”—1, 2, 8,17» ^ 30, 56, 91, 101, 105, 110, 111, 119. 1. Blood and Blood Derivatives Antihemophilic Globulin (Human) —8, Citrated Whole Blood (Human). 99. 5. Sensitized Bacterial Vaccines Antihemophilic Plasma (Human)—113, Cholera Vaccine—2. License No. 311— Syntex Chemical Co., 140,165,184. Pertussis Vaccine—2. Inc.', New York, N.Y. Citrated Whole Blood (Human)—2, 84, Typhoid Vaccine—2. 2, Allergenic Extracts 99, 113, 139, 140, 154, 161, 162, 163, 164, Typhoid and Paratyphoid Vaccine—2. 165,166, 167, 168,169,170,171,173,175, Poison Ivy Extract Alum Precipitated. Polyvalent sensitized bacterial vaccines 178,181,182,183,185,187,190,191,192, with “No U.S. Standard of Po­ License No. 312— World Blood Bank, Inc., 194,195,197, 198, 199, 201, 202, 203, 204, tency”—2. Kansas City, Kans. 209, 212, 213, 214, 215, 217, 218, 219, 1. Blood and Blood Derivatives 220, 221, 222, 224, 226, 227, 228, 229, 6. Bacterial Antigens 231, 233, 234, 235, 236, 237, 239, 240, Bacterial Antigen with Antihista- Citrated Whole Blood (Human). 241, 244, 246, 248, 249, 250, ^51, 252, minic—2. License No. 313— Robeson County Memo- 254, 259, 260, 261, 262, 263, 264, 265, Pseudomonas Polysaccharide—184. rial Hospital Blood Bank, Lumberton, 266, 267, 268, 269, 270, 271, 272, 273, Polyvalent bacterial antigens with “No 274, 276, 277, 278, 284, 285, 286, 287, U.S, Standard of Potency”—1» 2,30,56, N.C. 288, 289, 290, 293, 295, 296, 298, 300, 1. Blood and Blood Derivatives 301, 302, 304, 305, 309, 310, 312, 313, 108,110,135,283, 299. Citrated Whole Blood (Human). 314, 315. 7. Modified Bacterial Antigens Fibrinogen—2,8,52,99,156. License No. 314— Blood Bank, N.C. Polyvalent modified bacterial antigens Memorial Hospital, University of North Fibrinolysin—156. with “No U.S. Standard of Po­ Carolina, Chapel Hill, N.C. Histamine Azoprotein—1. tency”—1. Human Blood Cells—2. 1. Blood and Blood Derivatives , Immune Serum Globulin (Human)—1, 8. Toxoids and Toxins for Immunization Citrated Whole Blood (Human). 2, 8, 17, 52, 64, 99, 110, 140, 149, 171, Diphtheria Toxoid—1, 2, 8, 14, 17, 56, 64, License No. 315— Central California 184,258. 73, 99, 101, 110,120,121,144. Blood Bank, Fresno, Calif. Mumps Immune Globulin (Human)—8, Diphtheria Toxoid Aluminum Hydroxiü 140. Adsorbed—8. ., 1. Blood and Blood Derivatives Normal Bovine Serum—2. Diphtheria Toxoid Aluminum Hydroxia Citrated Whole Blood (Human). Normal Horse Serum—2.14, 99.144. Precipitated—121. Friday, A u gu st 7, 1959 FEDERAL REGISTER 6369 Diphtheria Toxoid Aluminum Phosphate Staphylococcus Toxoid-Streptococcus Absorbed Anti-A Serum—113, 139, 140, Adsorbed—1, 14, 17, 99, 144. Toxin-B. Vaccine made from Staphy­ 155, 156, 157, 158, 159, 163, 164, 165, Diphtheria Toxoid Protamine Precipi­ lococcus (Aureus), Streptococcus (He- 179, 184. tated—2. molyticus), D. pneumonia and H. in­ Group AB Serum (Human) —140,184. Scarlet Fever Streptococcus Toxin for fluenzae—101. Anti-Rh Typing Serums: Immunization—17,101. Tetanus Toxoid and Pertussis Vaccine Anti-Rho (Anti-D)—14, 17, 113, 139, Staphylococcus Toxoid—1, 2, 11, 17, 73, Combined—8. 140, 155, 156, 157, 158, 159, 161, 163, 101, 110. Tetanus and Diphtheria Toxoids Com­ 164, 165, 166, 167, 168, 179, 181, 184, Streptococcus Erythrogenic Toxin—101. bined Alum Precipitated (For Adult 185, 187, 232, 275, 289. Tetanus Toxoid—1, 2, 8, 14, 17, 56, 64, 73, Use)—2, 56, 101, 144. Anti-Rho' (Anti-CD)—14, 17, 113, 139, 99,101,110,144. Tetanus and Diphtheria Toxoids Com­ 140, 155, 156, 157, 158, 159, 161, 163, Tetanus Toxoid Aluminum Hydroxide bined Aluminum Hydroxide Adsorbed 164, 165, 166, 167, 179, 184, 185, 187, Adsorbed—8. (For Adult Use)—8. 232, 257. Tetanus Toxoid Aluminum' Phosphate Tetanus and Diphtheria Toxoids Com­ Anti-Rho" (Anti-DE)—113, 139, 140, Adsorbed—1,17,99,144. bined Aluminum Phosphate Adsorbed 155, 156, 157, 158, 163, 164, 165, 179, 9. Multiple Antigen Preparations (For Adult Use)—144. 184. Anti-Rho rh' 'rh" (Anti-CDE)—113, Diphtheria and Tetanus Toxoids and lb. Viral and Rickettsial Vaccines 139,-140, 156, 157, 158, 164, 165, 179, Pertussis and Poliomyelitis Vaccines Adenovirus Vaccine—1, 144. 184,187. Aluminum Phosphate Adsorbed—1. Encephalitis Vaccine, Herpes “F” Anti-rh' (Anti-C)—113, 139, 140, 155, Diphtheria and Tetanus Toxoids and Strain—17. 156, 157, 158, 159, 161, 163, 164, 165, Pertussis Vaccine Alum Precipitated Equine Encephalomyelitis Vaccine 167,179,184,185. and Poliomyelitis Vaccine—2. (Eastern)—8, 110. Anti-rh" (Anti-E)—113, 139, 140, 155, Diphtheria and Tetanus Toxoids and Equine Enceplialomyelitis Vaccine 156, 157, 158, 159, 161, 163, 164, 165, Pertussis Vaccine Combined—1, 2, 8, (Western)—8, 110. 166, 167, 179, 184, 185. 56,101. Influenza Virus Vaccine—1, 2,17, 56,101, Anti-hr' (Anti-c)—113, 139, 140, 155, Diphtheria and Tetanus Toxoids and 110, 297. 156, 157, 158, 159, 164, 165, 166, 167, Pertussis Vaccine Combined Alum Pre­ Mumps Vaccine—17, 56. 179, 184, 185, 232. cipitated—2,8, 56, 99. Poliomyelitis Vaccine—1, 2, 8, 56, 110, Anti-hr" (Anti-e)—139, 140, 155, 156, Diphtheria and Tetanus Toxoids Alum 144. 157, 159, 164, 165, 166> 179. Precipitated and Pertussis Vaccine Q Fever Vaccine—17. Anti-hrv (Anti-V)—164. Combined—17,101,110,144. Rabies Vaccine—1, 2, 17, 56, 99, 101, 110, Anti-rhw (Anti-Cw)—140,156,157, 159, Diphtheria and Tetanus Toxoids and 120, 121. 164. Pertussis Vaccine Combined Alumi­ Rocky Mountain Spotted Fever Vac­ Anti-Rho+ 9ÍÍ>o (Anti-D+Du)—159. num Phosphate Adsorbed—1, 17, 99, cine—2, 17. ,144. Anti-Fya Serum (Anti-Duffy)—155, 156, Smallpox Vaccine—1, 2, 8, 14, 17, 56, 64, 157, 159, 164, 280. Diphtheria and Tetanus Toxoids and 99.101.144. Pertussis Vaccine Combined Alumi­ Anti-Jka Serum (Anti-Kidd)—164. Typhus Vaccine—2,56,110. Anti-Jkb Serum—164. num Phosphate Precipitated—64. Typhus Vaccine (Epidemic)—17,101. Diphtheria and Tetanus Toxoids Alumi­ Yellow Fever Vaccine—101. Anti-k Serum (Anti-Cellano)—155, 156, num Hydroxide Adsorbed and Pertus­ 157,164. sis Vaccine Combined—8. 11. Diagnostic Substances for Dermal Anti-K Serum (Anti-Kell)—113, 139, Diphtheria and Tetanias Toxoids Alumi­ Tests 140, 155, 156, 157, 159, 164, 165, 166, 179, 280. num Hydroxide Adsorbed Combined— Blastomycin—1. 8. Anti-rhw and Anti-K Serum (Anti-(CW Blastomycin, Pin Test—291. +K ell))—155. Diphtheria and Tetanus Toxoids Com­ Coccidioidin—8. bined—1, 8,17, 56. Anti-Le* Serum (Anti-Lewis) —159, 164. Coccidioidin, Pin Test—291. Anti-Leb Serum—159. Diphtheria and Tetanus Toxoids Com­ Diphtheria Toxin for Schick Test—1, 2, bined Alum Precipitated—2, 56, 99, Anti-M Serum—17, 140, 155, 156, 157, 8, 14, 56, 64, 99, 101, 110, 120, 121, 144. 159, 164, 168, 179, 184. 101,110,144. Histoplasmin—1, 56, 99. Diphtheria and Tetanus Toxoids Com­ Anti-N Serum—17, 140, 155, 156, 157, Histoplasmiai, Pin Test—291. 168.179.184. bined Aluminum Phosphate Ad­ Lymphogranuloma Venereum Antigen— sorbed—1, 17, 99,144. Anti-P Serum—157,164. 17, 52. Anti-S Serum—156,164. Diphtheria and Tetanus Toxoids Com­ Mumps Skin Test Antigen—56, 139. bined Aluminum Phosphate Precipi­ Anti-s Serum—164. tated—64. Scarlet Fever Streptococcus Toxin for Anti-Human Serum—14, 17, 113, 139, Dick Test—2, 17, 101, 144. 140, 155, 156, 157, 158, 159, 161, 164, Diphtheria Toxoid Aluminum Hydroxide Schick Test Control—2, 8, 14, 56, 64, 99, Adsorbed and Pertussis Vaccine Com­ 165, 167, 168, 179, 181, 184, 187, 232, bined—8. 101, 110, 121, 144. 257, 279, 280, 289, 303, 307. Tuberculin, Old—1, 8, 14, 17, 56, 64, 99, Diphtheria Toxoid and Pertussis Vac­ Anti-Human Precipitin Serum—140,155, 110.121.144. 157.184. cine Combined—8. Tuberculin, Patch Test—17. Diphtheria Toxpid and Pertussis Vac- Haemophilus influenzae Typing Serum— cme Combined Alum Precipitated—2, Tuberculin, Pin Test—291. 140. J-ôl, Tuberculin, Purified Protein Deriva­ Anti-Influenza Virus Serum for the tives—1, 2. Diphtheria Toxoid Alum Precipitated Hemagglutination Inhibition Test—1. and Pertussis Vaccine Combined—101, 12. Diagnostic Substances for Influenza Virus Hemagglutinating Anti­ 110,120,144. „ Laboratory Tests gen—1. Pneumococcus Typing Serum—99. Diphtheria Toxoid and Pertussis Vac­ Anti-A Blood Grouping Serum—2, 8, 14, cine Combined Aluminum Phosphate 17, 113, 139, 140, 155, 156, 157, 158, 159, 13. Allergenic Extracts Adsorbed—l. 161, 163, 164, 165, 166, 168, 179, 181, ^ t h e r ia Toxoid Aluminum Phosphate Allergenic Extracts (including pollens 184, 185, 187, 191, 232, 257, 289. and miscellaneous substances)—1, 8, Adsorbedbined—144. and Pertussis Vaccine Com­ Anti-B Blood Grouping Serum—2, 8, 14, 17, 30, 43, 56, 84, 91, 101, 103, 105, 107, 17, 113, 139, 140, 155, 156, 157, 158, 159, 110,119,144,147,152,193, 292, 306, 308. Staphylococcus Toxoid-B. Vaccine made 161, 163, 164, 165, 166, 168, 179, 181, Allergenic Exirojct-Schistosoma man- roJni Staphylococcus (Aureus)—101. 184, 185, 187, 191, 204, 232, 257, 289. soni—177. ^aphyiococcus Toxoid and Bacterial Anti-A,B Blood Grouping Serum—113, Fungus Antigens—56. iAiu en made from Staphylococcus 139, 140, 156, 157, 158, 164, 179, 181, Poison Ivy Extract—1, 2, 8, 30, 91, 102, vAibus and Aureus)—1, 52. 184, 289. 110,119,144. 6370 NOTICES United States United States Poison Ivy Extract Alum Precipitated— license No. 105,311. license No. Poison Ivy-Poison Oak Extracts Com­ Blood Bank of the Alameda-Con­ Endo Laboratories, Inc., Rich­ bined—30,110. tra Costa Medical Association, mond Hill, N.Y______147 Poison Ivy-Oak-Sumac Extracts Com­ Oakland, Calif------191 E. R. Squibb and Sons, Division of Blood Bank of St. Luke’s Hospital Olin .Mathieson Chemical Cor­ bined—119,144. (Duluth), Duluth, Minn------267 poration Biological Laborato­ Poison Oak Extract—2, 8,30,91,102,110, ries, New Brunswick, N.J—------52 144. Blood Bank of San Bernardino Poison Sumac Extract—119. and Riverside Counties, Inc., Essex County Blood Bank, Inc., Tincture Poison Ivy—102,174. San Bernardino, Calif------226 Newark, N.J—______221 Blood Bank of the Washington Fargo Clinic Blood Bank, Fargo, Trichinella Extract—17. Hospital Center, Washington, N. Dak______219 14. Trivalent Organic Arsenicals D.C-______-______213 Freedmen’s Hospital, Washington, Blood Grouping Laboratory, D.C______217 Oxophenarsine Hydrochloride—1. Washington, D.C______—— 215 Gotham Pharmaceutical Com­ 15. Miscellaneous Blood Grouping Laboratory of pany, Brooklyn, N.Y______152 Boston, Inc., Boston, Mass____ 159 Graham Laboratories, Inc., Dal­ Antivenins: Blood Transfusion Association, las, Tex______292 Antivenin (.Latrodectus mactans)—2. New York, N.Y______161 Greer Drug & Chemical Corpora­ Antivenin (Crotalidae) Polyvalent— Broome County Blood Center, tion, Lenoir, N.C______308 144. Binghamton, N.Y______220 High Titer Serum Laboratory, Antivenin, Scorpion—176. Brooklyn Donor Center, Inc., New York, N.Y:______163 Blood Group Specific Substances: Brooklyn, N.Y______278 Hoffmann Laboratories, Inc., Pat­ Blood Group Specific Substance A— Cappel Laboratories, Inc., West erson, N.J______283 164. Chester, Pa______— 307 Hollister-Stier Laboratories, Chi­ Blood Group Specific Substance B— C. F. Kirk Company, New York, cago, HI.; Philadelphia, Pa.; 164. N.Y______- 105 Spokane, Wash.; Los Angeles, Blood Group Specific Substances A and California Transfusion Service, Calif______91 B—2. Los Angeles, Calif------— ------178 Holston Valley Community Hos­ Enzymes: Center Laboratories, Port Wash­ pital Blood Bank, Kingsport, Streptokinase - Streptodomase — 17, ington, N.Y______— 1------193 T e n n ______259 129. Central Blood Bank, Inc., South Holy Cross Hospital Research Venoms: Bend, Ind______¡______248 Foundation, Salt Lake City, Bee Venom—2. Central Blood Bank of Pittsburgh, Utah______232 Cobra Venom Solution—125. Pittsburgh, Pa______234 Hospital Blood Service, Inc., De­ Cobra Venom with Silicic and Formiq Central California Blood Bank, troit, Mich______261 Acids—125. Fresno, Calif______315 Hospital University of Pennsyl­ Russell Viper Venom—129. Central Florida Blood Bank, vania Blood Bank, Philadelphia, Part III. Licensed Establishments Ar­ Incorporated, Orlando, Fla------227 Pa— ______- 289 Certified Blood Donor Service, ranged Alphabetically Houchin Community Blood Bank, Inc., Jamaica, N.Y______157 Bakersfield, Calif______239 A. Domestic Establishments Chek-Lab, Inc., Chicago, 111------257 Hyland Laboratories, Los Angeles, United States Chicago Blood Donor Service, Inc., C a lif______140 license No. Chicago, 111______169 Hynson, Westcott and Dunning, Abbott Laboratories, North Chi­ Cleveland Biologicals, Inc., Cleve­ Baltimore, Md______125 cago, 111— ------land, 43 Ohio______301 Cleveland Donor Service, Inc., Hlinois Department of Public Allergy Laboratories, Oklahoma Health, Bureau of Biologic City, Okla______— 103 Cleveland, Ohio______— 287 Community Blood Bank of the Products, Division of Labora­ American National Red Cross, tories, Chicago, 111—___ — 120 Washington, D.C—------190 Kansas City Area, Inc., Kansas City, Mo______302 Inter-County Blood Bank, Inc., Arlington Hospital Blood Bank, Jamaica, N.Y_____ - 175 Arlington, Va------— 310 Community Blood Bank, Norton, Armour Pharmaceutical Co., Divi­ Va______263 Interstate Blood Bank, Inc., Mem­ sion of Armour and Co. of Chi­ Community Blood and Plasma phis, Tenn______- 173 cago, 111., Kankakee, 111------—,— 149 Service, Inc., Birmingham, Ala_ 224 Interstate Blood Bank, Inc. of Chi­ Aurora Blood Bank and Donors Community Memorial General cago, Illinois, Chicago, 111------305 Society, Aurora, 111------222 Hospital, La Grange, 111------277 Irwin Memorial Blood Bank of the Barry Laboratories, Inc., Detroit, Community Blood and Plasma San Francisco Medical Society, Mich______-— 119 Service, Inc., of Texas, Houston, San Francisco, Calif------l®2 Belle Bonfils Memorial Blood Tex______—- 241 J. K. and Susie L. Wadley Re- Bank, Denver, Colo------166 Community Blood Service, Inc., search Institute and Blood Bender Laboratory Blood Bank, St. Louis, Mo______- 268 Bank, Dallas, Tex______1*7 Courtland Laboratories, Los Ah- Jackson Medical Laboratory and Albany, N.Y------229 geles, Calif—______171 Bergen Community Blood Bank, Blood Bank, Jackson, Tenn----- 170 Cutter Laboratories, Berkeley, Jacksonville Blood Bank, Inc., Paramus, N.J------274 Calif______8 Beverly Blood Center, Inc., Chi­ Jacksonville, Fla______* ------1°1 Dade Reagents, Inc., Miami, Fla— 179 Jacob Blumberg Memorial Blood cago, 111______269 Delta Blood Bank, Stockton, Calif- 288 Blood and Plasma Bank, New York Bank, Inc., of the Lake County Detroit Blood Service, Inc., De­ Medical Society, Waukegan, 111- 251 University-Bellevue Medical troit, Mich______252 Center, New York, N.Y------162 District of Columbia General Hos­ John Elliott Blood Bank of Dade Blood Bank of The Bryn Mawr pital, Washington, D.C______212 County, Inc., Miami, Fla------154 Hospital, Bryn Mawr, Pa------266 Doctors Hospital Blood Bank, King County Central Blood Bank, Blood Bank Foundation, Nash­ Washington, D.C------214 Seattle, Wash-______ville, Tenn______165 Dubuque Blood Bank Association, Knickerbocker Blood Bank, New Blood Bank of Hawaii, Honolulu, Dubuque, Iowa------.;- 231 York, N.Y______lb Hawaii______199 Edgewater Hospital Blood Bank, Knoxville Blood Center, Inc., Blood Bank, N.C. Memorial Hos­ Chicago, 111______286 Knoxville, Tenn______— - 20 pital, University of North Caro­ Eli Lilly and Company, Indianap­ Lane County Blood Bank, Eugene, lina, Chapel Hill, N.C______- 314 olis, Ind______- 56 Oreg______JU F riday, A u gu st 7, 1959 FEDERAL REGISTER 6371

United States United States United States license No. license No. license No. Lederle Laboratories, Division Pitman-Moore Company, Division W. E. Stewart Blood Bank, Inc., American Cyanamid Co., Pearl Allied Laboratories, Inc., Zions- Tyler, Tex______265 River, N.Y------1.____ 17 ville, Ind______n o Western Pennsylvania Blood Cen­ Lewiston-Clarkston Blood Bank, Porro Biological Laboratories, Ta­ ter, Inc., Pittsburgh, Pa______276 Lewiston, Idaho______298 coma, Wash ______107 Wiener Serum Laboratory, Brook­ Lincoln Foundation, Swarthmpre, Potter County Memorial Blood lyn, N.Y------155 Pa______. . . 299 Center, Inc., Amarillo, Tex___ 246 William S. Merrell Co., Cincinnati, Lloyd Brothers, Pharmacists, Inc., Providence Hospital Blood Bank, Ohio______i n Cincinnati, Ohio______174 Washington, D.C______r______218 World Blood Bank, Inc., Kansas Marathon County Blood Bank, Purex Laboratories, Inc., Staten City, Kans______312 Inc., Wausau, Wis______285 Island, N.Y______306 Wyeth Laboratories, Inc., Mari­ Marietta Memorial Hospital, Research Foundation and Univer­ etta, Pa______144 Marietta, Ohio______270 sity of Illinois, Chicago, 111___ 188 Massachusetts General Hospital Robeson County Memorial Hos­ B. Foreign Establishments Blood Bank, Boston, Mass_____ 300 pital Blood Bank, Lumberton, Blood Plasma Corp. of Japan, Massachusetts Public Health N.C—______313 Osaka, Japan______243 Biologic Laboratories, Boston, Rogatol Pharmaceutical Co., Hato Connaught Medical Research Mass___ __,______;__ 64 Rey, P.R------177 Laboratories, University of To­ Maxwell Blood Bank, The Chil­ Rhode Island Hospital Blood ronto, Toronto, Canada______73 dren’s Memorial Hospital, Chi­ Bank, Providence, R.I______284 Institut Pasteur, Paris, France. __ 11 cago, Ill______209 Sacramento Medical Foundation Istituto Sieroterapico Toscano, Medical Center, State Health De­ Blood Bank, Sacramento, Calif. 194 Siena, Italy______238 partment Blood Bank, Grand San Diego Blood Bank, San Diego, Laboratoire du Bacteriophage, Forks, N. Dak___ *______236 Calif ------201 Paris, France______T.__ 108 Memphis Blood Center, Inc., Sci Lab, Derby, Colo______291 Laboratorios Myn, Mexico D.F., Memphis, Tenn______240 Service League Community Blood Mexico_____ i____1______176 Menolasino Laboratories, Melrose Bank, Inc., Pueblo, Colo______262 Nihon Seiyaku Co., Ltd., Tokyo, Park, 111______279 Sherman Laboratories, Detroit, J a p a n ______245 Merck Sharp & Dohme, Division M ich ______30 Österreichisches Institut fur Hae- of Merck & Co., Inc., West Point Shreveport Emergency Blood moderivate, Vienna, Austria... 258 and Philadelphia, Pa______2 Bank, Inc., Shreveport, La___ 237 Wellcome Research Laboratories, Michael Reese Research Founda­ Sonoma County Community Blood Beckenham, Kent, England___ 129 tion, Chicago, 111______. 113 Bank, Santa Rosa, Calif______197 [seal] Rqderick Murray, Michigan Department of Health, Southern Michigan Blood Center, Director, Division of Biologies Division of Laboratories, Lan­ Inc., Detroit, Mich______272 sing, Mich______Standards, National Insti­ 99 Southwest Blood Banks, Inc., tutes of Health, Public Mid-West Blood Bank and Plasma Phoenix, Ariz______183 Center, Kansas City, Mo______Health Service, U.S. Depart­ 264 Southwest Florida Blood Bank, ment of Health, Education, Midwest Blood Service, Inc., De­ Inc., Tampa, Fla______228 and Welfare. troit, Mich______296 Spokane & Inland Empire Blood Milwaukee Blood Center, Inc., Bank, Spokane, Wash______203 Approved: Milwaukee, Wis______187 St. Francis Hospital Blood Bank, J. S tewart H unter, Minneapolis War Memorial Blood Trenton, N.J.______260 Assistant to the Surgeon Gen­ Bank, Inc., Minneapolis, Minn_ 185 St. Luke’s Hospital Blood Bank, eral for Information, Public Mount Sinai Medical Research Aberdeen, S. Dak______250 Health Service, U.S. Depart­ Foundation, Chicago, 111. _____ 168 St. Luke’s Memorial Hospital ment of Health, Education, Mulford Colloid Laboratories, Blood Bank, Racine, Wis_____ 271 and Welfare. Philadelphia, Pa______102 St. Mary Community Blood Bank, [F.R. Doc. 59-6499; Filed, Aug. 6, 1959; Myers Laboratories, Inc., Warren, Hoboken, N.J______295 8:45 a.m.] Pa______135 Suburban Hospital Blood Bank, National Drug Company, Swift- Bethesda, Md______309 water, P a.______101 Syntex Chemical Co., Inc., New N ^ Y°rk City Department of York, N.Y______3 ii DEPARTMENT OF THE INTERIOR ■ Health, Bureau of Laboratories, Tacoma-Pierce County Blood New York, N.Y______14 Bank, Tacoma, Wash______202 Bureau of Indian Affairs Northern Illinois Blood Bank, Inc., Terrell’s Laboratories, Fort Worth, [Aberdeen Area Office Redelegation Order 2, Rockford, 111______249 Tex______84 Arndt. 7] Nuclear Consultants Corporation, Texas State Department o f. St. Louis, Mo______281 Health, Austin, Tex______121 SUPERINTENDENTS AND OTHER Ochsner Foundation Hospital DESIGNATED EMPLOYEES ni~u* ®ank> New Orleans, La_ 233 Travenol Laboratories, Inc., Mor­ uinahoma City Community Blood ton Grove, 111______184 Redelegation of Authority With cank, Inc., Oklahoma City, Travis County Medical Society Respect to Credit Functions Okla______273 Blood Bank, Austin, Tex_____ 244 Ortho Pharmaceutical" Corpora- Tri Counties Blood Bank, Santa April 29, 1959. «on, Raritan, N. J ______156 Barbara, Calif______198 Order No. 2 (19 F.R. 8756) as amended, a»r£e’ ^>av^s & Company, Detroit, is further amended by the following: Mich_____ U. S. Pharmaceutical Inc., Bur­ 1 bank, Calif______275 FUNCTIONS RELATING TO CREDIT MATTERS ^ 00t* Hank, Inc., Passaic, 293 University of Cincinnati Blood Section 2.120 Loan agreements. The Peninsula Memorial Blood Bank, Transfusion Service, Cincinnati, approval of applications of individuals Burlingame, Calif______195 Ohio.------. . . ______235 for loans pursuant to 25 CFR, Part 91 u^er Laboratories, Div. Chas. Upjohn Company, Kalamazoo, (subject to availability of funds), where Pfizer & Co., Inc., Terre Haute, Mich______si the total indebtedness of the applicant 297 Virginia Blood Bank, Inc., Rich­ to the lender does not exceed $1,500, ex­ Plhladelphia Serum Exchange, mond, V a______204 cept for loans for educational purposes. Philadelphia, P a ______139 Ward Laboratories, Durham, N.C. 280 Sec. 2.127 Modifications of loan General Hospital"Ëïôôd Washington Blood Laboratory, Bank, Valdosta, Ga______agreements. The approval of modifica­ 290 Washington, D.C______158 tions of loan agreements of individuals 6372 NOTICES pursuant to 25 CFR, Part 91, except tions for and modifications of loans to (b) Colville Tribes. The Superintend­ loans for educational purposes, where individuals by the Fort Belknap Indian ent, Colville Agency, may approve appli­ the total indebtedness of the borrower Community (subject to availability of cations for and modifications of loans to the lender does not exceed $1,500. funds) where the total indebtedness to to individuals by the Confederated Tribes the community does not exceed $3,000, of the Colville Reservation (subject to B en R eifel, except loans for educational purposes, the availability of funds), where the Area Director. pursuant to a declaration of policy ap­ total indebtedness to the tribes does not Approved: July 30, 1959. proved by the Commissioner. exceed $5,000, except loans for educa­ tional purposes, pursuant to a declara­ G lenn L. Emmons, G lenn L. Emmons, tion of policy approved by the Commissioner. Commissioner. Commissioner. [P.R. Doc. 59-6502; Piled, Aug. 6, 1959; J uly 30,1959. (c) Warm Springs Tribes. The Super­ 8:46 a.m.] [F.R. Doc. 59-6503; Filed, Aug. 6, 1959; intendent, Warm Springs Agency, may 8:46 a.m.] approve applications for loans to individ­ uals by the Confederated Tribes of the Warm Springs Reservation (subject to the availability of funds), where the [Billings Area Office Redelegation Order 1, [Minneapolis Area Office Redelegation Arndt. 6] total indebtedness to the tribes does not Order 1, Arndt. 3 ] exceed $3,000, except loans for educa­ SUPERINTENDENTS AND OTHER AUTHORITY OF SUPERINTENDENTS tional purposes, pursuant to a dec­ DESIGNATED EMPLOYEES laration of policy approved by the Functions Relating to Credit Matters Commissioner. Redelegation of Authority With 1. Section 2.120 is amended to read as (d) Yakima Tribe. The Superintend­ Respect to Certain Functions follows: ent, Yakima Agency, may approve ap­ plications for dnd modifications of loans Order No. 1 (20 F.R. 277) is amended S ec. 2.120 Loan agreements and to individuals by the Yakima Tribe (sub­ as hereinafter indicated. modifications. The approval of applica­ ject to the availability of funds), where 1. Section 2.120 is amended to read as tions of individuals for loans (subject to the total indebtedness to the tribe does follows: the availability of funds) where the total not exceed $5,000, except loans for edu­ indebtedness of the applicant to the cational purposes, pursuant to a dec­ S ection 2.120 Loan agreements and lender does not exceed $1,500, except modifications. laration of policy approved by thè loans for educational purposes. Commissioner. ***** R. D. H oltz, Glenn L. Emmons, (b) The approval of applications of Area Director. Commissioner. individuals for loans (subject to avail­ J uly 30, 1959. Approved: July 30,1959. ability of funds) where the total in­ [F.R. Doc, 59-6505; Filed, Aug. 6, 1959; debtedness of the applicant to the lender Glenn L. E mmons, 8:46 aon.] does not exceed $1,500, except loans for Commissioner. educational purposes. [F.R. Doc. 59-6504; Filed, Aug. 6, 1959; 2. A new part and section are added 8:46 a.m.] to read as follows: [Order E-14307; Agreement CAB No. 12325] P art 3—Authority op S pecifically D esignated Employees PACIFIC AIR LINES, INC., AND FUNCTIONS RELATING TO CREDIT MATTERS [Portland Area Office Redelegation BARRETT TERMINALS, INC. Order 1, Amdt. 9] S ec. 3.120 Loan agreements and modi­ Order To Show Cause fications—(a) Black feet Tribe. The SUPERINTENDENTS AND OTHER • Order No. E-11104, adopted March 11, Superintendent, Blackfeet Agency, may DESIGNATED EMPLOYEES 1957, approved Agreement CAB No. approve applications for and modifica­ 10500. Agreement CAB No. 10500 con­ tions of loans to individuals by the Redelegation of Authority With sists of an agreement (hereinafter Blackfeet Tribe (subject to the avail­ Respect to Certain Functions called the joint airline agreement) be­ ability of funds) where the total in­ tween United Air Lines, Inc. (United), debtedness to the tribe does not exceed Order 1 (20 F.R. 234) is amended as hereinafter indicated. American Airlines, Inc. (American), Pan $3,000, except loans for educational pur­ American World Airways, Inc. (PAA), poses, pursuant to a declaration of policy 1. Section 2.120 is amended to read as follows: Trans World Airlines, Inc. (TWA), and approved by the Commissioner. Western Air Lines, Inc. (Western), and (b) Northern Arapahoe Tribe. The S ection 2.120 Loan agreements and individual lease agreements appended Superintendent, Wind River Agency, modifications. thereto between the aforementioned air­ may approve applications for and modi­ * * * • * » lines (the initial airlines) and Barrett fications of loans to individuals by the (b) The approval of applications of Terminals, Inc. (Barrett), relating to the Northern Arapahoe Tribe (subject to the individuals for loans (subject to the operation of the downtown air-bus ter­ availability of funds) where the total in­ availability of funds) where the total, minal in San Francisco. debtedness to the tribe does not exceed indebtedness of the applicant to the On July 30, 1957, Pacific Air Lines, $3,000, except loans for educational pur­ lender does not exceed $1,500, except Inc. (Pacific), then known as South­ poses, pursuant to a declaration of policy loans for educational purposes. west Airways Company (Southwest), en­ approved by the Commissioner. tered into a lease agreement with Bar­ (c) The Fort Peck Tribes. The Su­ 2. Section 3.120 is amended to read rett for space in the aforementioned perintendent, Fort Peck Agency, may as follows: terminal. Pacific filed this lease with approve applications for and modifica­ Sec. 3.120 Loan agreements and modi­ the Board on August 5, 1958, under sec­ tions of loans to individuals by the Fort fications—(a) Klamath Tribe. The tion 412, requesting approval thereunder Peck Tribes (subject to availability of Superintendent, Klamath Agency, may to the extent that such section is ap­ funds) where the total indebtedness to approve applications for loans and modi­ plicable thereto. At the suggestion of the tribes does not exceed $5,000, except fications of loans (subject to the availa­ the staff, Pacific, on January 6, 19p9, loans for educational purposes, pursuant bility of funds) by the United States to filed with the Board under section 412 a to a declaration of policy approved by withdrawing members of the Klamath memorandum of understanding between the Commissioner. Tribe, pursuant to 25 CFR 91.20, where Pacific, on the one hand, and initial (d) Fort Belknap Indian Community. the total indebtedness to the United airlines, oil the other, effectuating tne The Superinténdent, Fort Belknap Con­ States does not exceed $10,000, except lease between Barrett and Pacific. The solidated Agency, may approve applica­ loans for educational purposes. lease between Barrett and Pacific, ana Friday, August 7, 1959 FEDERAL REGISTER 6373 the memorandum of understanding, be filed within twenty days of the date ford L. Hirschberg and Gerald R. Mc­ have been designated Agreement CAB of this order; Guire (Hirschberg-McGuire); (4) a No. 12325. The requirement of § 261.1 4. That if no notice of objection is filedreply to the opposition, filed on June of the Board’s Economic Regulations in within ten days, or if notice is filed and 11, 1959, by Fairview. respect of concurrences by other air car­ answer is not filed within twenty days of 2. Sanford L. Hirschberg and Gerald rier parties has not been met. the date of this order, all parties shall R. McGuire entered into a general After considering all the circum­ be deemed to have waived all further partnership agreement on May 17, 1958, stances surrounding the execution of procedural steps before final decision, for the purpose of constructing and the lease between Barrett and Pacific, and the Board may enter an order mak­ operating a standard broadcast station the Board has tentatively found that the ing final the tentative findings herein to serve Cohoes-Watervliet, New York. documents identified as Agreement CAB and approving Agreement CAB No. 12325 The total estimated cost of construction No. 12325 constitute an agreement under section 412 of the Act. was $20,881.23. They proposed to meet within the purview of section 412 and By the Civil Aeronautics Board. this cost and initial operating expenses that such agreement is not adverse to with a deferred payment plan for equip­ the public interest or in violation of the [seal] Mabel M cCart, ment in the amount of $9,285 and $25,- Act.1 Consequently, the Board pro­ Acting Secretary. 000 in capital. Each partner agreed poses to approve the agreement. In ap­ [P.R. Doc. 59-6529; Piled, Aug. 6, 1959; to contribute $12,500 as capital for proving Agreement CAB No. 10500, the 8:50 a.m.] the venture. On May 23, 1958, Hirsch­ Board noted that there were pending berg-McGuire modified their agreement proposed leases between Barrett and, to provide for Hirschberg to contribute inter alia, Southwest, which were “for 51 percent of the proposed $25,000, and the same duration, with the same [Docket No. 9090] for McGuire to contribute 49 percent. rentals, and certain of the same obliga­ In an Order released August 4, 1958 tions as are in the individual lease agree­ SHULMAN, INC. (FCC 58-768), the Commission found ments.” The approval of Agreement Notice of Oral Argument on the applicant to be legally, technically, CAB No. 10500 was predicated, in part, Enforcement Proceeding financially and otherwise qualified ex­ upon a finding that Southwest, among cept as indicated by the issues specified other authorized air carriers, had been In the matter of the enforcement pro­ therein. Fairview in an application given an „opportunity to secure ticket ceeding instituted by complaint filed by filed July 22, 1958, proposed an opera­ counter space in the proposed terminal the Office of Compliance against Shul- tion which involved mutually destruc­ building. There can be little doubt that man, Inc. tive interference with that of Hirsch­ had the lease agreement between Bar­ Notice is hereby given, pursuant to the berg-McGuire, and by Commission rett and Southwest been filed with the provisions of the Federal Aviation Act of Order released February 24, 1959 (FCC Board simultaneously with Agreement 1958, that oral argument in the above- 59-123), the two applications were desig­ CAB No. 10500, it would have been ap­ entitled proceeding is assigned to be held nated for hearing in a consolidated proved under section 412 subject to the on September 9, 1959, at' 10:00 a.m., proceeding. Hirschberg-McGuire, on same conditions as were attached to the e.d.s.t., in Room 1027, Universal Building, March 25, 1959, petitioned for leave approval of Agreement CAB No. 10500 Connecticut and Florida Avenues NW., to amend their application to reflect an by Order No.- E-11104. The mere fact Washington, D.C., before the Board. agreement entered into between San­ that the Barrett lease with Pacific Dated at Washington, D.C., August 4, ford L. Hirschberg, Gerald R. McGuire (Agreement CAB No. 12325) was exe­ 1959. and Harry L. Goldman, whereby Gold­ cuted and filed with the Board at a later man would acquire the 49 percent in­ date does not present any basis for ar­ [seal] F rancis W. B rown, terest previously held by McGuire and riving at a different result. For these Chief Examiner. an additional 1 percent interest. The reasons the Board proposes to approve [P.R. Doc. 59-6530; Piled, Aug. 6, 1959; Examiner in a Memorandum Opinion Agreement CAB No. 12325 under section 8:50 a.m.] and Order released June 19, 1959 (FCC 412 of the Act and to waive the pro­ 59M-788) denied the petition. visions of § 261.1 of the Economic Regu­ 3. In an affidavit filed with the Com­ lations as to the filing of concurrences. mission on May 19, 1959, in conjunction However, before issuing a final order of FEDERAL COMMUNICATIONS with other pleadings submitted in this approval herein, the Board will give all proceeding, McGuire stated that “ * * * interested persons an opportunity to COMMISSION circumstances will not permit me to con­ show cause why the agreement should [Docket Nos. 12566,12774; FCC 59-786] tribute either time or money to the di­ not be approved under section 412 of the rection and operation of a broadcasting Act subject to the conditions specified in SANFORD L. HIRSCHBERG ET AL. station”. A substantial question is thus Order No. E-11104. raised as to whether McGuire is able to Accordingly, it is ordered: Memorandum Opinion and Order meet his financial commitment to the I. That a copy of this order shall be Amending Issues partnership. Even assuming, as is al­ served upon Pacific Air Lines, Inc., United In re applications of Sanford L. leged, that Hirschberg is financially able Air Lines, Inc., American Airlines, Inc., Hirschberg and Gerald R. McGuire, to individually contribute all the funds Pan American World Airways, Inc., Cohoes-Watervliet, New York, Docket necessary to complete the costs of Trans World Airlines, Inc., and Western No. 12566, File No. BP-11261; W. Frank construction and initial operation, the Air Lines, Inc., and be published in the application does not reflect any such Federal Register. Short and H. Clay Esbenshade d/b as Fairview Broadcasters, Rensselaer, New commitment on Hirschberg’s part. 2. That the aforementioned carriers York, Docket No. 12774, File No. BP- Therefore, an issue as to the financial and other interested persons show cause 12209; for construction permits for new qualifications of Hirschberg-McGuire "Ay the Board should not approve standard broadcast stations. will be added. See Loyola University, 12 greement CAB No. 12325 under section RR 1017 (1957); Deep South Broadcast­ ~~.?* the Act, subject to the conditions 1. There are before the Commission (1) the matters of record in the above ing Company (WSLA), released June 11, tn iu et^ *n Order No. E-11104, according 1959 (FCC 59-538). w Procedure set forth herein; entitled proceeding; (2 ) a petition filed Accordingly, it is ordered, This 29th , That if there is any objection to the on May 22, 1959 by W. Frank Short and day of July 1959 that the petition of W. tentative findings herein, notice thereof H. Clay Esbenshade d/b as Fairview Frank Short and H. Clay Esbenshade, must be filed within ten days of the date Broadcasters (Fairview), to enlarge the d/b as Fairview Broadcasters, filed May an«.60*’ an<^’ if notice is filed, written issues to determine the financial quali­ 22, 1959, is granted; and that the issues Wer and supporting documents must fications of Sanford L. Hirschberg and in this proceeding are amended to re­ Gerald R. McGuire to construct and number Issue 8 as Issue 9 and to include Boarrt ?Tivlng at this tentative finding, the operate the station proposed in File as Issue 8 the following: filed v., a®[considered the informal comments No. BP-12566; (3) an opposition to the 8. To determine Whether Sanford L. y the initial airlines. petition, filed on June 4, 1959, by San­ Hirschberg and Gerald R. McGuire are 6374 NOTICES [Docket Nos. 12049, 12050; FCC 59-784] financially qualified to construct and op­ 3. The second matter has reference to erate their proposed station. a question which was raised at the oral JEFFERSON RADIO CO. AND BES­ argument for the first time in this pro­ SEMER BROADCASTING CO., INC. Released: August 3,1959. ceeding (R. 1128-29). On the basis of (WENN) F ederal Communications Star of the Plains Broadcasting Co. v. Commission, Federal Communications Commission Memorandum Opinion and Order [seal] Mary J ane Morris, (Case No. 14516)— U.S. App. D.C. —, — Amending Issues Secretary. F. 2d —, 18 RR 2072/decided by the In re applications of W. D. Frink, [F.R. Doc. 59-6515; Filed, Aug. 6, 1959; United States Courts of Appeals for the 8:48 a.m.] District of Columbia Circuit on March 9, tr/as Jefferson Radio Company, Iron- 1959, counsel for respondent Station dale, Alabama, Docket No. 12049, File No. WTCO urged that the proceeding herein BP-10672; The Bessemer Broadcasting must be remanded to the Hearing Exam­ Company, Incorporated (WENN), Bes­ iner for further hearing with respect to semer, Alabama, Docket No. 12050, File [Docket No. 11908; FCC 59-785] the programming offered by WTCO in No. BP-10886; for construction permits. NORTHSIDE BROADCASTING CO. the area which will lose service from 1. Oral argument in the above-cap­ WTCO as a result of interférence caused tioned proceeding was held before the Memorandum Opinion and Order by the proposed operation of Northside. Commission en banc on June 22, 1959. Amending Issues As the findiiigs of the initial Decision The argument was divided into two presently show, the Northside proposed parts: (a) on the exceptions taken by the In re application of Thomas E. Jones operation would cause objectionable co- parties to the Initial Decision of Hearing and Keith L. Reising, d/b as Northside channel interference to Station WTCO Examiner Thomas H. Donahue propos­ Broadcasting Company, Jeffersonville, affecting 3.65 percent to 4.15 percent of ing a grant of the Jefferson Radio Com­ Indiana, Docket No. 11908, File No. BP- the population within that station’s nor­ pany application; and (b) on the ques­ 10824; for construction permit. mally protected contour. While Station tion of a motion for leave to amend 1. At the oral argument, held June 8, WMOH, another respondent in the pro­ application and to reopen record filed 1959, before the Commission en banc on ceeding, would suffer a small amount of on August 14, 1958 by The Bessemer the exceptions taken to the Initial De­ interference from the proposed North- Broadcasting Company, Incorporated. cision in the above-captioned proceeding, side operation, counsel for WMOH stated 2. Consideration of the entire record two matters came to the Commission’s at the oral argument that the interfer­ in this proceeding, the exceptions, and attention which indicate that further ence received was very minor. Counsel the matters advanced» at oral argument hearing herein is appropriate and desir­ did not, therefore, make a request similar dictates further hearing in this proceed­ able. Accordingly, the proceeding will to that made by counsel for WTCO. ing as will be outlined hereinafter. • be remanded to the Hearing Examiner 4. In view of the foregoing, evidence This course must be followed for other­ for further hearing in the respects noted will, therefore, be admitted at the fur­ wise we would not have available a in the discussion whioh follows. ther hearing ordered herein as to thé suitable record upon which to make an 2. As to the first matter, the Commis­ need for the WTCO service in the inter­ sion is of the opinion that the record ultimate determination. evidence with respect to certain field in­ ference area, as well as to the manner in 3. Coming to the crux of the matter, tensity measurements must be supple­ which other existing stations satisfy the it is our opinion that the Examiner ruled mented and clarified. As the record now needs of the interference area, and erroneously in his order following a pre- stands, field intensity measurements sub­ appropriate conclusions will be made. hearing conference that the showings to mitted by a now dismissed competing Compare, Star of the Plains, supra. be made trader the section 307(b) issue 5. Accordingly> it is ordered, That the (Issue 6) would be limited to “technical applicant are used to show the service showings on populations and area now area of Station WTCO, Campbellsville, record of this proceeding be reopened, served by existing stations or that would Kentucky, a respondent herein, and the that the proceeding be remanded to the be served by proposed operations.” Bes­ interference the proposed Northside sta­ Hearing Éxaminér who originally pre­ semer preserved an exception to this tion would cause to said station. How­ sided at the hearing herein for the pur­ ruling. In the circumstances of this pro­ ever, there is a difference of opinion pose of taking further evidence with between the Hearing Examiner and the ceeding, it would be of particular benefit Broadcast Bureau as to the acceptability respect to field intensity measurements to resolution of the issues presented to of this showing. The Examiner rejected as noted in paragraph 2 hereof, and to have in the record evidence as to the the measurements as lacking in proba­ take evidence upon a new Issue No. 5 character and needs of the communities tive value because he could not under-' set out below, and, thereafter, that a to be served by the respective applicants stand the Bureau’s reasoning that, while Supplemental Initial Decision be issued as evidenced by, inter alia, the industrial the measurements were adequate to show by the Hearing Examiner. or agricultural character of the com­ WTCO’s 0.5 mv/m contour, the measure­ munities involved, the educational, cul­ 6. It is further ordered, That the tural and other institutions and organi­ ments between 0.3 and 2.0 miles were present Issue No. 5 is renumbered as zations in such communities, and the not sufficient to establish the inverse dis­ Issue No. 6, and that a new Issue No. 5 program services of existing stations tance field (the latter being necessary to be added to read as follows: a determination of a conductivity at the rendering primary service to such com­ extremity of the measured path from To determine the type and character munities. The proceeding will, there­ which projection of the signal beyond of program service rendered by Station fore, be remanded to the Examiner for the measurements could be made for the WTCO and whether it meets the require­ the purpose of further hearing conso­ determination of the interference to the ments of the population and area pro­ nant with the views here expressed. proposed station). Since the measure­ 4. Should it be decided that 307(b), posed to‘lose service, and the manner in for one reason or another, is not deter­ ments show that the 0.5 mv/m contour which the programming of other exist­ of Station WTCO is located a greater dis­ minative in the case, it would be neces­ tance than shown by a theoretical meth­ ing stations may satisfy the needs of the sary to evaluate the applicant in terms od but that the measurements are interference, area. of the standard comparative issue. Therefore, it is appropriate to add the improperly made, it is the Commission’s Adopted: July 29, 1959. view that the applicant should be re­ standard comparative issue. It is ex­ quired to make measurements and show Released: August 3, 1959. pected, of course, that the Examiner the correct service area of Station ■will take evidence on this issue and make F ederal Communications findings thereon even though he may WTCO. Thus, the applicant, at the fur­ Commission, ther hearing to be ordered hereinafter, ultimately conclude in his Supplemental shall submit field intensity measure­ [ seal] Mary J ane Morris, Initial Decision that section 307(b) 1 ments which are to be made on Station Secretary. determinative. . WTCO in accordance with the Commis­ [F.R. Doc. 59-6516; Filed, Aug. 6, 1959; 5. Bessemer’s motion for leave sion’s Standards. 8:48 am .] amend and to reoDen the record for tn F riday, August 7, 1959 FEDERAL REGISTER 6375 purpose of receiving the amendment is substitute a totally new party at “his hearing matters. Independent Broad­ to be considered against this back­ own discretion when his place in the casting Co., 6 RR 1390. This holding ground. On July 2, 1958, subsequent to hearing can be sold profitably.” It is obviates any need of discussion of the close of the record in the proceeding submitted that § 1.354(h)* of the Com­ § 1.106(b) (4), of the rules, since the said herein and prior to the release of the mission’s rules removes any doubt that rule, requiring dismissal, would become Initial Decision, the Commission granted the Bessemer applicant is not a new ap­ applicable to the instant proceeding only the application of Bessemer for consent plicant. In connection with the forego­ if Bessemer were first found to be a new to transfer all of its stoqjc to John M. ing, it is Jefferson’s position that accept­ applicant within the meaning of McLendon and Associates. One week ance of the Bessemer amendment would § 1.354(h) of the rules., Turning to the before the issuance of the Initial Deci­ require^ further consideration by the cases cited by Jefferson, Huntington, sion Bessemer filed the above-described Commission of the applicant’s qualifica­ supra, is to be distinguished from the motion. Its purpose is to reflect changes tions to make findings with respect to instant factual situation in that there a in the ownership of Bessemer’s stock the financial qualifications of the new major amendment was involved which and to show that “funds for the improve­ owners, and that further review of the would have affected the showing already ment of the facilities to permit operation qualifications of the new owners would made under the hearing issues. In our with power of 5 kw and change of fre­ be required to determine whether other opinion, Don Lee, supra, is inapposite to quency to 1480 kc, as requested in the questions might also arise. Jefferson the instant proceeding. Underlying Don pending application, would be forthcom­ submits that although the Commission in Lee was the adoption of the Commis­ ing from the present stockholder of the the transfer proceeding has approved the sion’s Sixth Report and Order (having applicant corporation in the event that newcomers as stockholders of Bessemer reference to television assignments and its application is granted.” Bessemer for the present Bessemer operation, it rules), the terms of which obviously points out that .in the transfer applica­ has not made a determination of the contemplated radical amendments to ap­ tion as well as in the amendment sub­ financial or other qualifications of the plications. Consequently, the 100 per­ mitted with the instant petition it is new Bessemer principals in terms of the cent change in stock ownership there indicated that no changes are proposed pending application to modify its facil­ proposed must be considered as a major with respect to the program proposal for ities substantially and to extend its area amendment in view of the widespread operation on the requested facilities. of coverage. In support of its position, changes resulting from adoption of said An exhibit in the transfer application is Jefferson cites Huntington Broadcasting Report and Order. A 100 percent change incorporated by reference in the amend­ Co., 13 FCC 1032 (1949) and Don Lee in stock ownership in Enterprise on the ment submitted with the present peti­ Broadcasting System, 7 RR 1093 (1952). other hand, was not considered a major tion which Bessemer asserts indicates 7. Bessemer in reply to Jefferson’s op­ amendment where section 307(b) con­ Bessemer, under the control of the new position states that support for accept­ siderations were involved and where the stockholder, would continue to support ance of its amendment may be found in new owner would adopt technical pro­ the pending application; that the new the following cases: Independent Broad­ posals already advanced. See also In­ stockholder assured the Commission that casting Company, 6 RR 1390; Enterprise dependent Broadcasting Company, 6 RR he would continue to rely upon the rep­ Broadcasting Company, 15 RR 401; and 1390, and Albuquerque Broadcasting resentations for 5 kw operation in the Albuquerque Broadcasting Company, 16 Company, 16 RR 755, wherein it was held event that the application is granted; RR 755. Bessemer submits that accept­ that a change of parties after hearing and that the new stockholder would take ance of the amendment would require where only engineering issues are in­ whatever action was necessary to imple­ no new findings to be made by the Com­ volved does not constitute a major ment and carry into effect the program mission regarding the qualifications of amendment. proposals for 5 kw operation if the appli­ the Bessemer applicant, for the follow­ 9. Independent, Enterprise and Albu­ cation is granted. For these reasons, ing reasons: it was found legally quali­ querque point to the course which the Bessemer submits that the amendment fied in the designation order herein, and Commission may follow in this proceed­ in question is for administrative pur­ the new stockholder was required to ing. Important to permitting the Besse­ poses only; that it does not affect or satisfy the Commission as to its legal mer application to be amended in the change any of the hearing issues or any qualifications in the transfer proceed­ manner here requested is the question of the matters pending before the Com­ ing; no change has been made in the of what prejudice might result to Jef­ mission; that the competing applicant technical proposal, and in the transfer ferson. We can find none. Hearing has cannot possibly be prejudiced by the proceeding the new stockholder indicated, already been held on those issues speci­ amendment; and that the amendment that it would continue to support the fied in the designation order. No fur­ will not delay or affect the outcome of application; Bessemer was found finan­ ther hearing is required with respect to the proceeding. cially qualified in the designation order, those issues because of the 100 percent 6. Jefferson opposes acceptance <5f theand in the transfer proceeding it was change in stock ownership. Thus, Jef­ Bessemer amendment and requests (1) shown that funds existed for the con­ ferson would not be put to any additional that Bessemer’s motion to accept the tinued operation of the station together burden to make fresh preparation as to amendment showing a 100 percent with the continued availability of funds matters which had previously been con­ change in ownership and a redetermina- for improvement of facilities of the sidered in the hearing process. Nor JJ. 9* financial and other qualifications Bessemer station as proposed in the would allowance of the amendment of the Bessemer applicant in light of the pending application. Bessemer also sub­ create any competitive advantage for cnangetTownership be denied; and (2) mits that Jefferson has made no showing Bessemer. that the Commission, upon the basis of that any new issues will be necessary in 10. It is unnecessary to consider at its own records and the contents of the connection with the amendment or that length Jefferson’s contention that ac­ motion herein, recognize the Bessemer any further hearings will be required. ceptance of the Bessemer amendment PPlication as that of a new applicant 8. We are unable to conclude that a would require further consideration by «Remitted to consideration in this pro- denial of the Bessemer motion for leave the Commission of Bessemer’s qualifica­ nf and Pursuant to § 1.106(b) (3) 1 to amend and a dismissal of its applica­ tions to make findings with respect to the Sm 6 Con?mission’s rules that the Bes- tion is required. § 1.354(h) of the Com­ financial qualifications of the new thnu aPplication be dismissed because of mission’s rules lends no support to the owners, and that further review of the rmL .1® and complete change in the Jefferson position. This rule is one of qualifications of. the new owners would , , T ? sl^ on of the applicant. Jefferson generally limited applicability to pre- be required to determine whether other thi^rtS ^ a t the rights of ¡Bessemer in questions might also arise. At the time ™185 Proceeding do not include a right * The pertinent portion of the rule states: the Bessemer application was desig­ the part of the original applicant to "A new file number will also be assigned to nated for hearing, the Commission an application for a new station when It is found it to be legally, technically, finan­ 1 lo^vfwi\ably’ Jefferson intended to cite amended to specify a change in ownership cially and otherwise qualified. While low s-'«i4 °f the Rules which read as fol- as a result of which one or more parties with these findings do not pass to the new fiiorj y mutually exclusive application an ownership interest in the original appli­ owner of Bessemer as a matter of course eran^/tv the date Prescribed in subpara- cation do not have, on a collective basis, a in connection with the transfer proceed­ be Hi or oi this paragraph will 50 percent or more ownership interest in the ing, the Commission did at the time it msmissed without prejudice * * •* amended application.” No. 154----- 7 granted its consent to the transfer of 6376 NOTICES control pass upon these questions. of this proceeding, we are of the opinion [Docket No. 12309; FCC 59-863] Necessarily, the new owner's legal quali­ that good cause has been shown by Besse­ VIDEO INDEPENDENT THEATRES, mer for leave to amend its application. fications were established at the time INC. (KVIT) the Commission granted the transfer ap­ Considering the principal purposes of plication. Since Bessemer was found § 1.311(b) — to prevent undue disruption Memorandum Opinion and Order technically qualified in the designation of the orderly processes of the Commis­ Amending Issues order, and since the transfer application sion’s administrative functions—it is before the Commission disclosed that clear that the Bessemer motion for leave In re application of Video Independent Bessemer under the control of the new to amend is not inconsistent therewith. Theatres, Inc. (KVIT), Santa Fe, New owner would support the pending ap­ From what has been stated in preceding Mexico, Docket No. 12309, File No. plication including the representations paragraphs, it is clear that the proposed BMPCT-4586; for modification of con­ in connection with the proposed 5 kw amendment would not necessitate the ad­ struction permit. operation the Commission found the dition of new parties or of new issues; 1. The Commission has before it for new owner to be also technically quali­ that it would not unduly delay the hear­ consideration (1) a renewed request to fied. No issue relevant to financial quali­ ing herein ; and that it would not result enlarge issues, filed October 23, 1958, by fications is necessary as we find Bessemer in the taking of new testimony to sup­ Alvarado Television Company, Inc.; (2) financially qualified on the basis of in­ plant testimony already taken. And, of an opposition to this request, -filed No­ formation submitted with its motion for equal importance, it is obvious from what vember 5, 1958, by Video Independent leave to amend and exhibits incorporated has been discussed herein that no unfair Theatres, Inc.; (3) the Broadcast Bu­ by reference from the transfer proceed­ prejudice would be caused to Jefferson reau’s reply to the renewed request, filed ings, as set out below. in view of the fact that Bessemer’s com­ November 5, 1958; (4) reply of Alvarado 11. The Bessemer Broadcasting Com­ petitive position would not be enhanced, Television Company, Inc., filed November pany, Incorporated (WENN) by its ap­ no additional burden would be placed on 13, 1958, to items (2) and (3); (5) the plication as amended showed its Esti­ Jefferson since the further hearing Broadcast Bureau’s reply, filed November mated Cost of Construction to be ordered herein will not require the in­ 13, 1958, to item (2); (6) response of $12,958.00. By an agreement dated Oc­ troduction of evidence which would be New Mexico Broadcasting Company, tober 22, 1956 Gates Radio Company repetitive of that introduced in the Inc., filed November 1C 1958, to item agreed to furnish applicant sufficient earlier hearing^ and no undue delay (2); and (7) an opposition, filed Novem­ equipment for $13,077 less trade-in would be caused in the hearing herein. ber 17, 1958, by KSTP, Inc. to item (2). equipment valued at $1,100, and a de­ 14. In view of the foregoing: it is 2. In a Memorandum Opinion and posit of $700, received October 19, 1956. ordered, That the record of this proceed­ Order adopted February 12, 1958 (FCC The balance of $11,277 is to be paid in ing be reopened, that the motion of 58-121), the Commission granted in part 36 equal monthly payments including a Bessemer Broadcasting Company, In­ the protest of Alvarado Television Com­ 3 percent per annum finance charge. In corporated for leave to amend is granted pany, Inc. (licensee of Television Station addition, the four stockholders agreed to and the amendment is. accepted,: that KOAT-TV, Channel 7, Albuquerque, New furnish an aggregate of $12,630 to the the proceeding is remanded to the Hear­ Mexico), directed against the Commis­ applicant corporation to be used to ing Examiner who originally presided at sion’s action of December 18,1957, grant­ finance the purposes of its application. the hearing herein for the purpose of ing without hearing the above-captioned Each of the stockholders submitted a taking further evidence in respect to application of Video Independent The­ balance sheet or financial statement in­ Issue No. 6 in the respects noted herein­ atres, Inc. for modification of the con­ dicating his ability to fulfill Irrespective above, and upon a new Issue No. 7, and struction permit of television Station financial commitment to the applicant. thereafter that a Supplemental Initial KVIT, Channel 2, Santa Fe, New Mexico, On the basis of the above, the Commis­ Decision be issued by the Hearing Ex­ to move studio and transmitter from ap­ sion in its Order of designation released aminer: And it is further ordered, That proximately three miles northwest of June 10, 1957, found Bessemer Broad­ the presently numbered' Issue No. 7 be­ the center of Santa Fe to a studio lo­ casting Company, Incorporated finan­ come Issue No. 8 and that a new Issue cation in Santa Fe and a transmitter site cially qualified. No. 7 be added to read as follows: at Sandia Crest approximately 43 miles 12. The Application for Transfer of 7. To determine, on a comparative southwest of Santa Fe and 14 miles Control, BTC-2810, granted by the Com­ basis, in the event it is found that section northeast of Albuquerque. In accord­ mission on July 2, 1958, contained an 307(b) is found not to be determinative ance with this Order, an oral argument, agreement by John M. McLendon to fur­ which of the operations proposed in the in which the protestant, the applicant nish The Bessemer Broadcasting Com­ above-entitled applications would better and the Broadcast Bureau participated, pany, Incorporated the sum of $12,958 serve the public interest, convenience or was heard by the Commission on April for the construction of the new facilities, necessity in the light of the evidence ad­ 7,1958, to determine whether the matters Mr. McLendon’s financial statement as duced under the foregoing issues and the raised by the protestant’s requested of June 2, 1958 shows total assets of record made with respect to the signifi­ issue, assuming the facts in support of $565,850, including current assets in the cant differences between the applicants said issue to be true, are grounds for amount of $63,350, and total liabilities of as to: setting aside the grant in question. $86,140, including current liabilities of (a) The background and experience of To determine whether,the Albuquerque $36,000, leaving a net worth of $479,710. each of the above-named applicants to market is capable of supporting a fourth The amendment filed August 14, 1958 own and operate the proposed stations: television service as proposed. states that there is no change in the (b) The proposals of each of the 3. In its Memorandum Opinion and Gates Radio Company agreement rela­ above-named applicants with respect to Order adopted May 7, 1958, the Com­ tive to the deferred payment plan for the the management and operation of the mission, in denying that portion of the purchase of equipment, or in Mr. Mc­ proposed stations. protest which was founded upon the re­ Lendon’s agreement to furnish the ap­ (c) The programming service pro­ quested issue set forth in paragraph 2 plicant $12,958, which will come from his posed in each of the above-mentioned cash and quick assets on hand. applications. hereof, stated th at the question pre­ sented is not whether an additional TV 13. We consider, finally, Jefferson’s as­ Adopted: July 29, 1959. sertion that the circumstances herein do channel will be assigned to Albuquerque, not warrant a finding of good cause un­ Released: August 4,1959. but rather whether Albuquerque has the der § 1.3li(b) of the Commission’s rules F ederal Communications advertising potential to divide the ad­ “for the substitution of a totally new Commission, vertising revenue between the stations applicant in this proceeding at this late [seal] M ary J ane Morris, assigned to Albuquerque and a station date.” As has been demonstrated here­ Secretary. v assigned to and serving principally inabove the question is not as broad as [F.R. Doc. 59-6532; Filed, Aug. 6, 1959; another city, but which also serves Al­ Jefferson states it. In the circumstances 8:51 a.m.] buquerque with a city grade signal. Friday, August 7, 1959 FEDERAL REGISTER 6377 Citing a number of decisions1 to the is immaterial whether the stations are Issue No. 9, and to include as Issue No. effect that as a matter of policy the pos­ located in different communities under 8 the following: sible effects of competition will be disre­ the Commission’s allocation rules. The garded in passing upon applications for Commission’s Broadcast Bureau is in es­ 8. To determine what economic effect new broadcast stations except perhaps sential agreement with the views thus the grant of the instant application in cases involving the operation of sec­ advanced by Alvarado. The Commis­ would have upon the operation by Al­ tion 307(b) of the Act, the Commission- sion notes that the two stations involved varado Television Company, Inc., of concluded that it may not inquire into in the Carroll case,- supra, were located Television Station KOAT-TV, Albuquer­ the question of the- economic injury in different communities, but that a que, New Mexico, and whether, in the which may be suffered by stations oper­ hearing on the economic injury issue light thereof, the grant of the instant ating in different cities but serving was nevertheless ordered. It is the application would be in the public common areas. Commission’s view that a finding in the interest. 4. In its petition filed October 23,1958, evidentiary hearing that Video’s station Released '< August 4, 1959. Alvarado renews its request for an en­ would be a Santa Fe station would not largement of the issues with respect to render moot the economic injury issue F ederal Communications whether the Albuquerque market is cap­ requested by Alvarado. Commission, able of supporting a fourth television 7. Petitioner Alvarado alleges that the [ seal] Mary J ane Morris, station as proposed in the Video applica­ economic effects of the addition of a Secretary. tion. It notes that subsequent to the fourth television service in the Albu­ [F.R. Doc. 59-6533; Filed, Aug. 6, 1959; Commission’s denial on May 7, 1958, of querque market would be a deterioration 8:51 a.m.] its original request, the Court of Appeals in programming adversely affecting the for the District of Columbia Circuit ren­ public interest. In the Carroll decision, dered its decision in Carroll Broadcast­ supra, the court in effect held that ing Company v. PCC, 258 F 2d 440 (1958), where an existing licensee pffers to prove [Docket Nos. 11081, 11083; FCC 59-781] 17 RR 2066, and this decision, it asserts, that the economic effect of another sta­ WORZ, INC., AND MID-FLORIDA serves to set aside the policy underlying tion would be detrimental to the public the Commission’s denial of its original interest, it should be afforded an oppor­ TELEVISION CORP. request to enlarge the issues to include tunity for presentation of such proof. Order Reopening Record for Further the economic injury issue. In view of the decision in Carroll and Hearing on Stated Issues 5. Video, in an opposition filed Novem­ the allegations made by Alvarado as to ber 5, 1958, urges denial of Alvarado’s the effects of a fourth television service In re applications of WORZ, Inc., Or­ petition for failure of timely filing. In in the Albuquerque market, an economic lando, Florida, Docket No. 11081, File No. defense of its failure, Alvarado states injury issue, in the form set forth be­ BPCT-1153 ; Mid-Florida Television Cor­ that at the time of oral argument it had low, will be adopted. poration, Orlando, Florida, Docket No. not only .noted the pendency of the Car- 8. In the course of the pleadings iden­ 11083, File No. BPCT-1801; For construc­ roll case, but that it also requested the tified in paragraph 1 herein, contentions tion permits for new television stations inclusion of the economic injury issue were advanced, and opposed, that (a) » (Channel 9). in the hearing in the event the decision if an economic injury Issue is added, Al­ At a session of the Federal Communi­ in the Carroll case required a hearing varado should be required, on the basis cations Commisison held at its offices in on such issue; not until the time for of our action in Herbert P. Michels 17 Washington, D.C., on the 29th day of filing a writ of certiorari had expired RR 557, to file an early application for July 1959; could it be unequivocally stated that renewal of its license so that it may be The Commission having under consid­ the Carroll decision represents the ap­ consolidated with the Video modification eration the Decision and Order of the plicable law, and for that reason it did application for a comparative hearing to United States Court of Appeals for the aot file its petition at an earlier date, determine, should it become necessary, District of Columbia Circuit in the above- in the Commission’s view, these consid­ whether Alvarado or Video .would better entitled proceeding dated May 21, 1959 erations advanced by Alvarado consti- serve the public interest; and (b) that (Case No. 13996); tute good cause, within the meaning of not only Alvarado, but also the licensees It appearing, that by said order the s 1.141 of the rules, for the late filing of of the other two existing television sta­ Commission’s decision awarding a grant its petition. tions in Albuquerque, be required to file to Mid-Florida Television Corporation 6; An additional basis for Video’s o] early renewal applications, so that the was vacated and the proceeding re­ Position to the Alvarado petition is th; three renewal applications may be con­ manded to the Commission with instruc­ *t proceeds from the premise that tl solidated with the Video modification tions to hold, with the aid of a specially } eo station will be an Albuquerqi application to determine, should it ap­ appointed hearing examiner, an eviden- station and hence should be denied, sin< pear that the Albuquerque market can tial'hearing to determine the nature and tne Commission, in its Order of May support only three television services, source of all ex parte pleas and other tin« -ad ^ated that the Video applies which three of the four would best serve approaches that were made to Commis­ 2 *J 11! depied should it be dete: the public interest. Subsequent to the sioners while the former proceeding was Export Control Act Shanghai, China, without authorization of 1949, as amended, in that, as alleged, of any United States export license. August 3, 1959. they caused to be shipped to Communist. 7. As a result of negotiations thereto­ Take notice that on July 24, 1959, San China- three lots of Gilsonite, originally fore conducted, the respondents, on or Diego Gas & Electric Company (Appli­ exported from the United States. They about the 28th day of November 1956, cant) incorporated under the laws of answered the charging letter, admitting entered into a contract with Peter Meyns the State of California, with its principal the transshipments but claiming several & Co. of Hamburg, Germany, for the pur­ Place of business at San Diego, Cali­ defenses in avoidance. chase by them, either on their own behalf fornia, filed an application for an order, In accordance with the practice, the or on behalf of an associate firm repre­ Pursuant to section 202(e) of the Federal case was referred to the Compliance sented by them, and the sale by Peter Power Act, authorizing an increase in the Commissioner, who has reported that the Meyns & Co. of 20 metric tons of United amount and rate of electric energy which evidence supports the charges and that States origin Gilsonite for approximately Applicant may transmit from the United the respondents should be denied export $2,500. States to Mexico. privileges so long as export controls re­ 8. In accordance with the terms of said By order issued April 2, 1956, in the main in effect. contract and on the instructions of re­ above docket, Applicant was authorized Now, after considering the entire rec­ spondents, Peter Meyns & Co., on or to transmit electric energy from the ord consisting of the charges, the evi­ about the 23d day of January 1957, United States to Mexico in an amount dence submitted in support thereof, the shipped the said 20 tons of Gilsonite to not to exceed 100,000,000 kilowatt-hours answer and attachments in opposition Shanghai, China, without authorization Per year at a rate not in excess of 25,000 thereto, and the report and recommen­ of any United States export license. Kli°watts over 69 kilovolt facilities cov­ dation of the Compliance Commissioner, And, from the foregoing, I have con­ ered by a Presidential Permit signed by I hereby make the following cluded that, in violation of § 381.2 of the the President of the United States on Findings of fact. 1. At all times here­ Export Regulations, the respondents anuary 31,1952, and accepted by Appli- inafter mentioned, the respondents were caused, induced, and procured the trans­ P Pebruary 25, 1952, Docket No. engaged in the export and import busi­ shipment and diversion (in violation of Applicant now seeks to transmit ness in Hong Kong, and well knew that § 381.6 of said regulations) of commodi­ ec,tri® energy in an amount not to ex- the laws and regulations of the United ties to Communist China, contrary to ea 160,000,000 kilowatt-hours per year States Government prohibited the ship­ the terms of the export documents, regu­ :;„a rate not in excess of 40,000 kilowatts ment or transshipment to Communist lations, and licenses under which they ArJ;,. e above-mentioned facilities from China of any goods which had been or had been exported from the United W 1Ca.nt’s Otay Substation in Cali- were being exported from the United States. cpnf + 0 international border adja- States. In his report, the Compliance Com­ pr._„ t0 .Tijuana, Mexico, where the 2. Respondents well knew that the missioner said: ®rgy will be delivered and sold, as at Gilsonite, to which reference will be The respondents, in their answer, admit a'iw •’ ^ a‘ Etectrica Fronteriza, S.A., made hereafter, had been exported from that the goods described in the charging let­ an* !.Xlcan corporation, for distribution the United States, and it was their in­ ter were purchased from Peter Meyns & Co. En«/!^0n 71^*k) (6) of the Defense Pro No. MC-FC 62281. By order of July Ex Act of 195°* 85 amended, an COMMISSION 31, 1959, the Transfer Board approved 1955 ii,V%°rder 10647 of November 2i [Notice 163] the transfer to Herbert E. Brooks, doing ni„ ’ v16 ««lowing changes have take; business as Planet Trucking, Wexford, Ported ^ financial interests as re MOTOR CARRIER TRANSFER Pa., of Certificates in Nos. MC 13026, MC theiae+m tiie PedeRai. Register durin PROCEEDINGS 13026 Sub 1, and MC 13026 Sub 6, issued e last six months. March 5, 1956, October 1,1:956, and May August 4,1959. 17, 1957, respectively, to Arthur A. B Ad!m!°n8: No change. Synopses of orders entered pursuant Additions: No change. Freda, doing business as Freda’s Truck­ to section 212(b) of the Interstate Com­ ing Company, Braddock, Pa., authorizing 6382 NOTICES the transportation of: Brick, tile, dam­ No. MC-PC 62304. By order of July Rabe, Walter diaries Rabe, executor, aged shipments, building supplies and 31, 1959, the Transfer Board approved doing business as Rabe Brothers, author­ construction materials, scrap metals, the transfer to Johnston Truck Line, Inc., izing the transportation of household burlay, rope, and stone, from, to, or be­ Lonejack, Mo., of Certificate in No. MC goods, as defined by the Commission, tween specified points in Pennsylvania, 1265, issued November 22,1957, to Luther over irregular routes, between New York, Ohio, West Virginia, and Maryland. Johnston, doing business as Johnston N.Y., and points In Nassau and Suffolk No. MC-PC 62296. By order of July Truck Line, Lonejack, Mo., authorizing Counties, N.Y., on the one hand, and, on 31, 1959, the Transfer Board approved the transportation of: Livestock from the other, Washington, D.C., and points the transfer to Willamette Valley Trans­ Lonejack, Mo., to :Kansas City, Kans., in Connecticut, Delaware, Maryland, fer Co., a corporation, Portland, Oreg.; and general commodities, with the usual Massachusetts, New Hampshire, New of Certificate in No. MC 44914, issued exceptions including household goods Jersey, New York, North Carolina, November 16, 1940, to R. R. Bailey, doing and commodities in bulk, from Kansas Pennsylvania, Rhode Island, South Caro­ business as Willamette Valley Transfer City, Kans., to Lonejack, Mo. Sol M. lina, and Virginia. Irving Abrams, Co., Portland, Oreg.;' authorizing the Yarowsky, 504 Commerce Building, Brodsky and Ueberman, 1776 Broad­ transportation of: General commodities, Kansas City, Mff., for applicants. way, New York 19, New York, for excepting household goods, commodities No. MC-PC 62426. By order of July applicants. 31, 1959, the Transfer Board approved in bulk, and the other usual exceptions, [seal] Harold D. M cCoy, between Portland, Oreg.; and Dallas, the transfer to George P. Meyer, doing Secretary, Oreg. Norman E. Sutherland, 1100 business as Rabe Brothers, Richmond Jackson Tower, Portland, Oreg., for Hill, New York, of a Certificate in No. [F.R. Doc. 59-6508; Filed, Aug. 6, 1959; applicants. MC 75488, issued May 7, 1958, to Walter 8:47 a.m.]

CUMULATIVE CODIFICATION GUIDE— AUGUST

A numerical list of the parts of the Code of Federal Regulations affected by documents published to date during August. Proposed rules, as opposed to final actions, are identified as such. Page 3 CFR Page 12 CFR Page 36 CFR Proclamations: Proposed rules: 20— ______6242 3305______- __ 6223 541______6272 Executive orders: 545______„ ___ .6272 38 CFR Dec.30, 1895______6243 563______6272, 6273 13______6342 June 5, 1919____ 6316 567______6272 36______6315 3797-A______6316 14 CFR 39 CFR 5 CFR 40 ______6240 16______6225 6 ______6223, 6225, 6327 41 ______6240 24______6225 39___ 6295 42 _^______6241 34______6225 514______6191, 6192, 6197 41______6265 6 CFR Proposed rules: 10______6256 601______6203 43 CFR 383______6256 412—______6343 421______6179, 6232, 6238, 6314, 6315 15 CFR Proposed rules: 382—______6257 194_1______6244 7 CFR Public land orders: 16 CFR 6316 51______6181, 6182, 6238 13— ______6197, 6241, 6264 82______52 ______6239 324______6316 728______6239 23 CFR 1929 ____ 6243 922______;______: 6183, 6253 l______6232 1930 ____ 6316 6316 938______6253 24 CFR 1932______940______5_____ :______6255 1933—______6317 951______6184, 6295 261______6330 953______6184, 6239 25 CFR 46 CFR 957 ______:______6184 173______6342 Proposed rules: 958 ______6327 201—380_____ 6245 989______6256 26 (1954) CFR 997_____ 6185 40______6198 47 CFR 3______6257,6264,6345 1003______6327 29 CFR _ 6346 Proposed rules: 7 ______102______6315 8 ______r. 6346 51______6203 6243 993____ 6245 778______6181 10______>___ Proposed rules: 31 CFR ______6265 8 CFR 102—______6242 1—______212______6240 3______6266, 6267,6353 32 CFR 7______6268 502______6329 I 6268 Proposed rules: 56______6330 8—______- g27l 103------______6201 511______6331 45______6271 237_:______*____ 6202 1004 ______6332 46_:______242______6202 1005 ______6332 243______6202 1006 ______6332 49 CFR 299______6202 1007 ______6337 95______6201 1008 _____ 6297 198______6243 9 CFR 1010______6308 131------6257 1011—______6311 50 CFR 1012______6244 10 CFR 6312 105 ______— .. Proposed rules: 33 CFR Proposed rules: 70------6317 203______6265 34______6353