Latest Edition •• Guide to Record Retention Requirements [Revised as of January 1, 1965]

This useful reference tool is designed keep them, and (3) how long they to keep industry and the general must be kept. Each digest also public informed concerning published includes a reference to the full text requirements in laws and regulations of the basic law or regulation govern­ relating to records-retention. It con­ ing such retention. tains about 900 digests detailing the retention periods for the many types of records required to be kept under The booklet’s index, numbering over Federal laws and rules. 2,000 items, lists for ready reference the categories of persons, companies, The “Guide” tells the user (1) what and products affected by Federal records must be kept, (2) who must record-retention requirements.

Price: 40 cents

Compiled by Office of the Federal Resister, National Archives and Records Service, General Services Administration

Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C.,20402

4

r r n r n » l i l f l n r r iC T m Published daily, Tuesday through Saturday (no publication on Sundays, Mondays,^« f iM fy n rJ lIk l 1 Till on the day after an official Federal holiday), by the Office of the Federal Register, N " Archives £nd Records Service. General Services Administration (mall address National Ar*n Code 202 Phone 963-3261 Building, Washington, D.C. 20408), pursuant to the authority contained m Federal Register Act* approved July. 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., eh. 8B ), under regulations prescribed byjhe Aom istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I) . Distribution is made only by the superm of Documents, Government Printing Office, Washington, D.C. 20402. • lit?- „ ____ „-.„able in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per yew, pay advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit cne order, made payablè tò the Superintendent of Documents, Government Printing Office, Wàshington, D.C. 20402. - ... _ DUr. The regulatory material appearing herein is keyed to the Code op F ederal R egulations, which is published^ under . * Q( suant to section 11 of the Federal Register Act, as. amended. The Code of F ederal R egulations is epld by ..the ouperi « Documents. Prices , of books and pocket supplements are listed in the first F ederal R egister issue of each month. DwrxitATiONS. There are hb restrictions on the republication of material appearing in the F ederal R egister or the Code o f federal Contents

CONSUMER AND MARKETING Hearings, etc.: AGRICULTURAL RESEARCH Brown Radio & Television Co. SERVICE SERVICE (WBVL) et al____ —__ ___ 12698 Proposed Rule Making Proposed Rule Making Elyria-Lorain Broadcasting Co. (2 documents)______12693,12696 Official vaccinate; proposed change Raisins produced from grapes McLendon Pacific Corp. (2 in definition------12684 grown in California; volume regulation______12686 documents)______12696,12698 Stockyard owners and market Progress Broadcasting Corp. AGRICULTURAL STABILIZATION (WHOM) (2 documents)___ 12698 agencies; regulations and prac­ Radio Dispatch, Inc______12698 AND CONSERVATION SERVICE tices_.____ .______12686 Ultronic Systems Corp., and Rules and Regulations Notices Western Union Telegraph Co. 12698 National agricultural conserva­ Bemidji Sales Bam, Inc., et al.r tion, State funds------12661 posted stockyards______12690 FEDERAL MARITIME Decatur Livestock Auction et al.; COMMISSION Proposed Rule Making proposed posting of stockyards. 12690 Rice; determinations regarding Rules and Regulations marketing quotas, etc------12684 Terminal operators; filing of CUSTOMS BUREAU tariffs ______12681 AGRICULTURE DEPARTMENT Rules and Regulations FISH AND WILDLIFE SERVICE Customs districts, ports, and sta­ See also Agricultural Research Rules and Regulations Service; Agricultural Stabiliza­ tions; ports of entry___...____ 12680 tion and Conservation Service; Notices Certain wildlife refuges; him ting: Consumer and Marketing Serv­ Nebraska_____ —______12683 Customhouse brokers; licenses in South Dakota______12683 ice. reorganized customs districts— 12689 Notices FOOD AND DRUG Designation of areas for emer­ ADMINISTRATION gency loans: DEFENSE DEPARTMENT Rules and Regulations Arkansas______12690 Rules and Regulations South Dakota______12690 Food additives and drugs: Meat import limitations______12690 Personal commercial affairs____ 12673 n-Heptyl p-hydroxybenzoate 12670 Z o a 1 e n e, 3-nitro-4-hydroxy- phenylarsonic acid, penicil­ ATOMIC ENERGY COMMISSION EDUCATION OFFICE lin, bacitracin______Ji___ 12670 Notices Notices Notices Combustion Engineering, Ihc., and Application for Federal financial Canned sliced carrots deviating Puerto Rico Water Resources assistance in construction of from identity standard; tempo­ Authority; order extending ex* - noncommercial educational tel­ rary permit for market testing. 12691 piration date of provisional op­ evision broadcast facilities; ac­ Petitions filed regarding food erating authorization______12691 ceptance for filing______12691 additives: Oregon State University; applica­ Armour and Co______12691 tion for utilization facility li­ Eastman Chemical Products, cense ______12691 FEDERAL AVIATION AGENCY Inc______12691 Rules and Regulations CIVIL AERONAUTICS BOARD Control zone and transition areas; GREAT LAKES PILOTAGE Rules and Regulations designation and alteration____ 12661 ADMINISTRATION IFR altitudes; miscellaneous Rules and Regulations Classification and exemption of amendments______12662 air taxi operators; blanket au­ Great. Lakes pilotage rules and thority to carry mail______12666 Proposed Rule Making orders; working rules______12680 Notices Airworthiness directives: Great Lakes pilotage uniform ac­ de Havilland Model 104 Dove counting system; inter-associa­ Hearings, etc.: Series airplanes______12687 tion settlements______12680 Braniff Airways, Inc______12691 Maule Model M-4-210 airplanes. 12687 Sioux City-Denver Service Case. 12692 Control zones and transition area; HEALTH, EDUCATION, AND proposed alteration______12688 WELFARE DEPARTMENT CIVIL SERVICE COMMISSION See Education Office; Food and Rules and Regulations FEDERAL COMMUNICATIONS Drug Administration: Suitability; jurisdiction______12661 COMMISSION INTERAGENCY TEXTILE Voting Rights Program; addition or Montgomery County. Ala­ Proposed Rule Making ADMINISTRATIVE COMMITTEE bama—..------— ______12680 Antenna farm areas; establish­ Notices ment and use....______12688 Certain cotton textiles and cotton Notices textile products produced or COMMERCE DEPARTMENT Television working arrangement; manufactured in the Republic See Great Lakes Pilotage Admin­ allocation of VHF broadcast of China; restraint levels___ _ 12699 istration. stations______12693 (Continued On next page) " 12659 12660 CONTENTS

INTERIOR DEPARTMENT SECURITIES AND EXCHANGE SMALL BUSINESS See Pish and Wildlife Service; COMMISSION ADMINISTRATION Land Management Bureau. Notices Notices INTERSTATE COMMERCE Hearings, etc.: Texas; declaration of disaster Alabama Power Co., et al------12700 area^______12698 COMMISSION Belock Instrument Corp------12700, Rules and Regulations National Variable Annuity Com­ TARIFF COMMISSION Fees for copying, certification and pany of Florida Separate Notices services in connection there­ Account— ------—— 12700 In-the-ear hearing aids; notice with______'______12669 New England Electric System, of investigation and date of et al______-______—- 12701 Notices hearing— ------— — — — 12693 Freight forwarders conference; agreement______12702 TREASURY DEPARTMENT Motor carrier temporary author­ See Customs Bureau. ity applications——_—— — 12702 Notices Motor carrier transfer proceed­ Brake drums from Canada; deter­ ings (2 documents).______—_ 12703 mination of sales at not less than fair value— ----- I—------12689 LAND MANAGEMENT BUREAU Perchlorethylene solvent from Notices France; discontinuance of in­ Arizona; opening of public lands- 12689 vestigation and determination- 12689

List of CFR Parts Affected

(Codification Guide)

The following numerical guide is a fist of the parts of each title of the Code of Federal Regulations affected by documents published in today*s issue. A cumulative list of parts affected, covering the current month to date appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1. 1965, and specifies how they are affected.

P roposed R ules : 45 CFR 5 CFR 39 (2 documents)------12687 731— l —______—— 12661 71— ______u______— 12688 8 0 1 -______— ------12680 7 CFR 19 CFR 46 CFR 701______12661 1______1_— ;___ 12680 402-.______12680 403— —I ______;______-12680 P roposed R ules : 730—______-______12684 21 CFR 533 ______------12681 989—____ -_____— „ —.-----— 12686 121 (2 documents)------— ------12670 47 CFR 144______——___ — 12670 P roposed R ules : 9 CFR I 12688 P roposed R ules : 32 CFR 17—I l —I l —I ______12688 51 12684 43_____—— ______— . 12673 7 3 _ 12688 78______„______12684 203—_ —— — ——— ------12686 4 9 CFR 6 ______.12669 14 CFR 71— ___ —___ ——————__ — 12661 ______.___12662 50 CFR 95 32 (2 d o cu m en ts)------12683 298— —— ______------12666 12661 Rules and Regulations

Washington - _... ______2,672,000 West Virginia 1, 572, 000 Title 7— AGRICULTURE Wisconsin _’______;__ __ 5,566,000 Title 14— AERONAUTICS AND Chapter VII— Agricultural Stabiliza­ Wyoming ___v-____-______' 2,124, 000 SPACE tion and Conservation Service Total______209,730,000 Chapter I— Federal Aviation Agency (Agricultural Adjustment), Depart­ * * * * * ment of Agriculture Signed at Washington, D.C., on Sep­ SUBCHAPTER C— AIRCRAFT SUBCHAPTER A— AGRICULTURAL tember 28, 1865. [Airspace Docket No. 65-CE-78]' CONSERVATION PROGRAM J ohn A. Schnittker, PART 71— designation o f f e d e r a l [ACP-1966, Supp. 1] Under Secretary. AIRWAYS, CONTROLLED AIRSPACE, PART 701— NATIONAL AGRICUL­ [F.R. Doc. 65-10542; Filed, Oot. 4, 1965; AND REPORTING POINTS 8:46 a.m.] TURAL CONSERVATION Designation of Control Zone and Subpart— 1966 Alteration of Transition Areas S tate F unds Title 5— ADMINISTRATIVE On July 2,1965, a notice of proposed Paragraph (a) of § 701.2 is amended, rule making was published in the F ed­ PERSONNEL eral R egister (30 F.R. 8490) stating that for purposes of the 1966 program, to read the Federal Aviation Agency proposed to as follows: Chapter I— Civil Service Commission alter controlled airspace in the Mattoon, § 701.2 State funds. PART 731— SUITABILITY 111., and Bible Grove, 111., terminal areas. (a) Funds available for conservation Interested persons were afforded an practices will be distributed among Jurisdiction opportunity to participate in the rule States on the basis of conservation Section 731.301 is amended to ex­ making through submission of com­ needs, but the proportion allocated for clude certain reinstatements and trans­ ments. All comments received were fa­ use in any State shall not be reduced fers from the “subject-to-investigation” vorable. more than 15 percent from its propor­ requirements of the section. Subpara­ In consideration of thé foregoing, Part tionate 1965 distribution. T h e allocation graph (1) of paragraph (a) of § 731.301 71 of the Federal Aviation Regulations of funds among the States is as follows: is amended as set out below. is amended, effective 0001 e.s.t., Decem­ Alabama _$5, 883, 000 § 731.301 Jurisdiction. ber 9,1965, as hereinafter set forth. Alaska ______66, 000 1. In § 71.171 (29 F.R. 17581 > the fol­ Arizona ______t_.__ ___ 1, 685, 000 (a) Appointments subject to investi­ lowing control zone is added: gation. (1) In order to establish an ap­ Arkansas ______!______4,775, 000 Mattoon, III. California______5,640,000 pointee’s qualifications and suitability Colorado______;______3, 816, 000 for employment in the competitive serv­ Within a 5-mile radius of the Coles County Connecticut .v.-:______461, 000 ice, every appointment to a position in Memorial Airport (latitude 39°28'46" N., Delaware ____;______311, 000 longitude 88°17'05” W.), within 2 miles each Florida ______3,342, 000 the competitive service is subject to in­ side of the 060° radial of the Mattoon VOR, Georgia______7,067, 000 vestigation by the Commission, except: extending from the 5-mile radius zone to 8 Hawaii______176,000 (i) Promotion; miles northeast, and within 2 miles north­ Idaho...... 2,049, 000 (ii) Demotion; west and 3 miles southeast of the 231° ra­ Illinois ______•: 8, 476,000 (iii) Reassignment; dial of the Mattoon VOR, extending from the Indiana______5,515,000 (iv) Conversion from career-condi­ 5-mile radius zone to 8 miles southwest. Iowa ______9,282,000 tional to career tenure; This control zone shall be effective during Kansas ______6,799,000 the times established by a Notice to Airmen Kentucky ______r___ 6,857,000 (v) Appointment, or conversion to an and continuously published in the Airman’s Louisiana ______L~J__ 4, 336,000 appointment, made by an agency of an Information Manual. Maine ______1,058,000 employee of that agency who has been Maryland ______1,274,000 serving continuously with that agency 2. In § 71.181 (29 F.R. 17643) the fol­ Massachusetts______537,000 for at least one year in one or more lowing transition areas are amended to Michigan ______4,936,000 positions in the competitive service under read: .Minnesota ____»____ ,___ _ 6,335,000 Mattoon, III. . 3 « Mississippi . 6,328,000 an appointment subject to investigation; Missouri ______8, 709, 000 (vi) Reinstatement effected within one That airspace extending upward from 700 Montana ______4,870,000 year from the date of separation from feet above the surface within a 6-mile radius Nebraska______6,178,000 Federal civilian employment or from of the Coles County Memorial Airport (lati­ Nevada ______j__ 607,000 honorable separation from military serv­ tude 39°28'46" N., longitude 88°17'Q5".W.), New Hampshire ______517,000 ice, provided the one-year, subject-to- within 8 miles northwest and 9 miles south­ New Jersey ______699,000 investigation period applied to the east of the 231° and 051e radiais of the Mat­ New Mexico______2,310, 000 toon VOR, extending from 1 mile northeast New Y ork______4,758, 000 previous appointment has expired; and of the VOR to 13 miles southwest of the VOR, North C arolina______6, 312, 000 (vii) Transfer, provided the one-year, and within 2 miles each side of the 060° North Dakota ______5,183,000 subject-to-investigation period applied to radial of the Mattoon VOR, extending from Ohio ------5> 838, 000 the previous appointment has expired. the 6-mile radius area to 8 miles northeast Oklahoma------7, 028, 000 ***** of the VOR, and that airspace extending up­ Oregon ------2, 506, 000 (R.S. 1753, sec. 2, 22 Stat. 403, as amended; ward from 1,200 feet above the surface with­ Pennsylvania______4, 655, 000 5 US.C. 631, 633; E.O. 10577, 19 F.R. 7521, 3 in 8 miles northwest and 5 miles southeast Puerto Rico ______831,CFR,000 1954-1958 Comp., p. 218) of the 060° radial of the Mattoon VOR, ex­ Rhode Islan d ______77,000 tending from the VOR to 12 miles northeast, South Carolina______;_ 3 , 499,000 United States Civil Serv­ and within 5 miles each side of the 140° South Dakota______- 4, 413,000 ice Commission, radial of the Mattoon VOR, extending from Tennessee______.______5, 169,000 [seal] M ary V. W enzel, the VOR southeast to V—14. £®xa s ...... —— ______19, 812, 000 Executive Assistant to B ible G rove, I I I . „ tah ...... — ...... 1,361,000 V erm ont...... 1, 066,000 the Commissioners. That airspace extending upward from 1,200 Virginia ...... 4, 381, 000 [F.R. Doc. 65-10554; Filed, Oct. 4, 1965; feet above the surface within 4 nautical miles Virgin Islands ______13,000 8:47 a.m.] each side of the 015* and 207° radiais of the

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12662 RULES AND 3REGULATIONS

Bible Grove VOR, extending from the VOR From, to, and ME A Section 95.6003 VOR Federal airway 3 southwest to V-446 and north to the Mattoon Major INT, Bahama; *Abaco INT, Bahama; is amended to read in part: VOR, excluding the Mattoon, HI., transition **8,500. *10,000—MRA. **1,100—MOCA. area. From, to, and ME A 63V: (Sec. 307(a) of the Federal Aviation Act of Boston, Mass., VOR; Revere INT, Mass.; West Palm Beach, Fla., VOR; Halibut INT, 2 ,000 . 1958; 49 U.S.C. 1348) Bahama; *2,500. *1,400—MOCA. Revere INT, Mass.; Ipswich INT, Mass.; Issued in Kansas City, Mo., on Sep­ 64V: *2,000. *1,300—MOCA. tember 22,1965. _ Fort Lauderdale, Fla., VOR; Pike INT, Fla.; Ipswich INT, Mass.; Kennebunk, Maine, •2,000. *1,400—MOCA. VOR; *3,000. *1,700—MOCA. D onald S. K ing, Pike INT, Fla.; Freeport, Bahama, VOR; Kennebunk, Maine, VOR; Freeport INT, Acting Director, Central Region. •4,500. *1,100—MOCA. Maine; *2,400. *1,800—MOCA. Freeport INT, Maine; Augusta, Maine, VOR; [F.R. Doc. 65-10527; Filed, Oct. 4, 1965; 65V: *2,400. *2,000—MOCA. 8:45 am.} Nassau, Bahamas, VOR; ‘Major INT, Ba­ Augusta, Maine, VOR; Bangor, Maine, VOR; hamas; **4,500. *3,000—MRA. **1,200— *3,000. *2,300—MOCA. MOCA. Bangor, Maine, VOR; Lee INT, Maine; *2,700. SUBCHAPTER F— AIR TRAFFIC AND GENERAL Major INT, Bahamas; Freeport, Bahamas, *2,000—MOCA. OPERATING RULES VOR; *2,000. *1,100—MOCA. Lee INT, Maine; Houlton, Maine, VOR; [Reg. Docket No. 6941; Arndt. 95—133] Freeport, Bahamas, VOR; ‘Mullet INT, Ba­ *2,700. *1,900—MOCA. hamas; **4,500. *6,500—MRA. **1,100— Houlton, Maine, VOR; Presque Isle, Maine, PART 95-—IFR ALTITUDES MOCA VOR; *3,400. *2,700—MOCA 12 Lima: Section 95.6004 VOR Federal airway 4 Miscellaneous Changes Nassau, Bahamas, RBN; Rock Sound, Ba­ hamas, RBN; *#2,000. *1,400—MOCA. is amended to read in part: The purpose of this amendment to #3,800 required without HF airborne com­ Byers INT, Colo.; Thurman, Colo., VOR; Part 95 of the Federal Aviation Regula- munication equipment. 7.000. tions is to make changes in the IFR alti­ Thurman, Colo., VOR; Goodland, Kans., tudes at which all aircraft shall be flown Section 95.1001 Direct route—United VOR; *7,000. *6,000—MOCA. over a specified route or portion thereof. States is amended by adding: Louisville, Ky., VOR; Lexington, Ky., VOR; *2,500. *2,000—MOCA. These altitudes, when used in conjunc­ Cochise, Ariz., VOR; Douglas, Ariz., VOR; Louisville, Ky., VOR via N alter.; Finchville tion with the current changeover points 8,200. ^ INT, Ky.r via N alter.; *2,500. *2,000— for the routes or portions thereof, also Miami, Fla., VOR; Int, 235° M rad, yero MOCA. assure navigational coverage that is ade­ Beach VOR and 335° M rad, Miami VOR; Finchville INT, Ky., via N alter.; Bridgeport quate and free of frequency interference *5,500. *1,300—MOCA; INT, Ky., via N alter.; *2,700. *2,200— for that route or portion thereof. Miami, Fla., VORTAC; Gainesville, Fla., MOCA. As a situation exists which demands VORTAC; 18,000. MAA—48,000. Mount Sterling INT, Ky.; Newcombe, Ky., Montgomery, Ala., VOR; DeFuniak Springs, VOR; 3,000. : immediate action in the interest of INT, Fla.; *4,800. *2,500—MOCA. safety, I find that compliance with the Section 95.6005 VOR Federal airway 5 notice and procedure provisions of the Bahama Routes 56V: is amended to delete: Administrative Procedure Act is imprac­ Nassau, Bahamas, VOR; ‘Thompson INT, Jacksonville, Fla., VOR via W alter.; Calla­ ticable and that good cause exists for B aham as; **2,000. *5,800 — MRA han INT, Fla., via W alter.; *1,600. *1,- making this amendment effective within **1,200—MOCA. 300—MOCA. less than 30 days from publication. Thompson t INT, Bahamas; High Rock INT, Callahan INT, Fla., via W alter.; Cabins INT, In consideration of the foregoing and Bahamas; *8,000. *1,000—MOCA. Ga., via W alter.; *2,000. *1,300—MOCA. pursuant to the authority delegated to High Rock INT, Bahamas; *Abaco INT, Cabins INT, Ga., via W alter.; Alma, Ga., me by the Administrator (24 F.R. 5662), Bahamas; **10,000. *10,000—MRA. VOR via W alter.; *2,000. *1,700-MOCA. Part 95 of the Federal Aviation Regula­ **1,000—MOCA. Section 95.6005 VOR Federal airway 5 tions is amended, effective November 11, Section 95.1001 Direct routes—United is amended to read in part: 1965, as follows; States is amended to read in part: Appleton, Ohio, VOR; Mount Vernon INT, 1 By amending Subpart C as follows: Arcus INT, Ala.; Goshen INT, Ala.; *2,500. Ohio; 3,000. From, to, and MEA *1,400—MOCA. Section 95.6006 VOR Federal airway 6 Section 95.41 Green Federal airway 1 Section 95.6001 VOR Federal airway 1 is amended to read in part: IS amended to read: is amended to read in part: Allentown, Pa., VOR; Solberg, N.J., VOR; 2,800. United States-Canadian border; Millinocket, Kinston, N.C., VOR; *Zang INT, N.C.; **2,000. Maine, LF/RBN; *2,800. *2,100—MOCA. *4,000—MRA. **1,900—MOCA Section 95.6007 VOR Federal airway 7 Millinocket, Maine, LF/RBN; United States- Zang INT, N.C.; Cofield, N.C., VOR; *2,000. is amended to read in part: Canadian border; 6,000. *1,900—MOCA. Waterloo, Del., VOR; Leesburg INT, N.J.; Marianna, Fla., VOR via W alter.; ‘Malone Section 95.626 Blue Federal airway 26 1,700. INT, Fla., via W alter; **2,000. *3,000— is amended to read in part: Leesburg INT, N.J.; Atlantic City, N.J.; VOR; MRA. **1,700—MOCA. 1,800. Malone INT, Fla., via W alter.; »Madrid INT, Summit, Alaska, LFR; *Wolf INT, Alaska; Ala., via W alter.; **2,000. *3,200—MRA. 9,500. *6,000—MCA Wolf INT, south­ Atlantic City, N.J., VOR; Barnegat, N.J., VOR; 1,800. **1,700—MOCA, bound. Madrid INT, Ala., via W alter.; Dothan, Ala., Wolf INT, Alaska; Fairbanks, Alaska, LFR; Section 95.6002 VOR Federal airway 2 VOR via W alter.; *2,000. *1,700—MOCA. 3,000. is amended to read in part: Empire INT, Ala., via W alter.; Double Springs INT, Ala., via W alter.; *2,600. *2,100— Section 95.643 Blue Federal airway 43 Bozeman, Mont., VOR; Livingston, Mont., MOCA. is amended to read in part; VOR; 10,000. Double Springs INT, Ala., via W alter.; Mount Int, N crs, Summit LFR and SW crs, Fair­ Bismarck, N. Dak., VOR; Jamestown, N. Dak., Hope INT, Ala., via W alter.; *2,800. banks LFR; Int, SE crs, Nenana LFR and VOR; *3,900. *3,400—MOCA. *2,100—MOCA. N crs, Summit LFR; 9,500. Bismarck, N. Dak., VOR via N alter.; James­ town, N. Dak., VOR via N alter.; *3,800. Section 95.6008 VOR Federal airway 8 Section 95.1001 Direct routes—United *3,400—MOCA. is amended to read in part: States is amended to delete: Jamestown, N. Dak., VOR; Fargo, N. Dak., Int, 081° M rad, Akron VOR and 234» M rad, VOR; *3,300. *2,800—MOCA. Hayes Center VOR via S alter.; Hayes Cen­ Andalusia INT, Ala.; Cairns, Ala., VOR; Jamestown, N. Dak., VOR via N alter.; Fargo; ter, Nebr., VOR via S alter.; *7,000. *2,000. *1,600—MOCA. N. Dak., VOR via N alter.; *3,300. *2,800— *6,000—MOCA. ' Bahama Routes MOCA Allegheny, Pa., VOR; *Scottdale INT,. Pa.; 56V: Gardner, Mass., VOR; ‘Leominster INT, 3,300. *5,000—MRA. Nassau, Bahama, VOR; ‘Major INT, Bahama; Mass.; **3,700. *2,800—MCA Leominster Scottdale INT, Pa.; Indian Head, Pa., VOR; **4,500. *3,000—MRA. **1,200—MOCA. INT, westbound. * *3,100—MOCA 6 .000.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 RULES AMD REGULATIONS 12663

From, to, and MBA From, to, and MEA From, to, and MEA Indian Head, Pa., VOR; Flint Stone INT, Pa.; Loraine INT, Tex.; Trent INT, Tex.; *4,300. Corinne INT, Utah; Malad City, Idaho, VOR; 5.000. *4,000—MOCA. *11,000. *10,000—MOCA. Trent INT, Tex.; Abilene, Tex., VOR; 4,000. »Dubois, Idaho, VOR; Dillon, Mont., VOR; Section 95.6009 VOR Federal airway 9 Abilene, Tex., VOR; Trussell INT, Tex.; 3,100. **12,000. *9,000—MCA. Dubois VOR, is am ended to read in p a rt: Trussell INT, Tex.; Mineral Wells, Tex., VOR; northbound; **11,100—MOCA. Sardis INT, Miss., via E alter; Independence *3,700. *3,100—MOCA. Dallas, Tex., VOR; Sulphur Springs, Tex., Section 95.6022 VOR Federal airway 22 INT, Miss., via E alter.; *2,000. *1,800— is amended to read in part: MOCA. VOR; *2,200. *1,900—MOCA. Sulphur Springs, Tex., VOR via S alter.; Brookley, Ala., VOR; Navy Saufley, Fla., VOR; Section 95.6012 VOR Federal airway 12 Naples INT, Tex., via S alter.; *2,000. *2,500. *1,400—MOCA. is am ended to read in p a r t: *1,900—MOCA. Naples INT, Tex., via S alter.; Texarkana, Section 95.6026 VOR Federal airway 26 Bonner Springs INT, Hans.; Shawnee INT, Ark., VOR via S alter.; *2,000. *1,700— is amended to read in part: Kans.; *2,600. *2,300—MOCA. MOCA. ‘Greensburg INT, Pa.; Johnstown, Pa., VOR; Sulphur Springs, Tex., VOR via N alter.; Salem, Mich., VOR; Park INT, Mich.; *2,600. 5.000. *4,000—MCA Greensburg INT, east- Avery INT, Tex., via N alter.; *2,200. *2,200—MOCA. bound. *1,800—MOCA. Johnstown, Pa., VOR; Coalfax INT, Pa.; Section 95.6029 VOR Federal airway 29 Avery INT, Tex., via N alter.; Texarkana, is amended to read in part: 5.000. Ark., VOR via N alter.; *2,200. *1,700— Johnstown, Pa., VOR via S alter.; St. Thomas, MOCA. Pottstown, Pa., VOR; Coopersburg INT, Pa.; Pa., VOR via S alter.; 5,000. Texarkana, Ark., VOR; Hope INT, Ark.; 2,800. Section 95.6013 VOR Federal airway 13 *2,000. *1,700—MOCA. Coopersburg INT, Pa.; Allentown, Pa., VOR; Grapevine INT, Ark.; Pine Bluff, Ark., VOR; 2.700. is amended to read in p art: *1,700. *1,500—MOCA. Allentown, Pa., VOR; Pocono INT, Pa.; 3,900. Texarkana, Ark,, VOR; Page, Okla., VOR; Eudora INT, Miss, via S alter.; Memphis, *4,600. *3,900—MOCA. Tenn., VOR via S alter.; *1,900. *1,600— Section 95.6030 VOR Federal airway 30 Port Smith, Ark., VOR; * Chester INT, Ark.; MOCA. is amended to read in part: **3,200. *4,500—MRA. **2,700—MOCA. Kenton, Del., VOR; Milville, N.J., VOR; East Texas, Pa., VOR; Coopersburg INT, Pa.; 1,800. 2,800. Section 95.6014 VOR Federal airway 14 Millville, N.J., VOR; Coyle, N.J., VOR; 1,900. Coopersburg INT, Pa.; Int. 295a M rad, Colts is amended to read in p a r t: Section 95.6017 VOR Federal airway 17 Neck VOR and 043* M rad, Yardley VOR; ‘Whiteface INT, Tex.; Shallowater INT, Tex.; 2.700. **5,500. *8,000—MRA. **4,900—MOCA. is amended to read in part: Int. 295° M rad, Colts Neck VOR and 043° Shallowater INT, Tex.; Lubbock, Tex., VOR; »Mill INT, Tex.; Mineral Wells, Tex., VOR; M rad, Yardley VOR; Rocky Hill INT, N.J.; *4,900. *4,400—MOCA. **3,000. *4,000—MCA Mill INT, southeast- 2,300. Lubbock, Tex., VOR; Childress, Tex., VOR; bound. *3,500—MRA. **2,400—MOCA. *4,900. *4,500—MOCA. Mineral Wells, Tex., VOR; Bridgeport, Tex., Section 95.6033 VOR Federal airway 33 Tulsa, Okla., VOR; Adair INT, Okla.; *2,500. VOR; *3,000. *2,400—MOCA. is amended to read in part: *2,100—MOCA. Bridgeport, Tex., VOR; Nocoma INT, Tex.; Deep Creek INT, Va.; Harcum, Va„ VOR; Lubbock, Tex., VOR via S alter.; Childress, *2,900. *2,500—MOCA. 2, 100. Tex., VOR via S alter.; *4,900. *4,300— Nocoma INT, Tex.; Duncan, Okla., VOR; MOCA. *2,800. *2,400—MOCA. Section 95.6036 VOR Federal airway 36 Shawnee INT, Okla., via S alter.; Prague INT, Duncan, Okla., VOR; Alex INT, Okla.; *3,000. is amended to read in part: Okla., via S alter.; *5,500. *2,400—MOCA. *2,500—MOCA. Wilkes-Barre, Pa., VOR; Sussex INT, N.J.; Tulsa, Okla., VOR via S alter.; *Pryor INT, Alex INT, Okla.; Oklahoma City, Okla., VOR; 4.000. Okla., via S. alter.; **2,700. *2,900—MRA. *2,800. *2,600—MOCA. Sussex INT, N.J.; Sparta, N.J., VOR; 3,500. **2,200—MOCA. Section 95.6018 VOR Federal airway 18 Section 95.6037 VOR Federal airway 37 Section 95.6015 VOR Federal airway 15 is amended to read in p art: is amended to read in part: is amended to read in p art: Sabine INT, Tex.; Quitman, Tex., VOR; *2,300. *1,600—MOCA. Columbia, S.C., VOR via W alter.; Lexington Satin INT, Tex.; Waco, Tex., VOR; *2,300. Quitman, Tex., VOR; Caddo Lake INT, Tex.; INT, S.C., via W alter.; *2,200. *1,900— *2,000—MOCA. *2,400. *1,900—MOCA. MOCA. Waco, Tex., VOR; Waxie INT, Tex.; *2,500. Quitman, Tex., VOR; via S alter.; »Woodlawn Lexington INT, S.C., via W alter.; Fort Mill, *2,000—MOCA. INT, Tex., via S alter.; **2,500. *3,000— S.C., VOR via W alter.; *3,500. *2,000— Ardmore, Okla., VOR; Pharoah, INT, Okla.; MRA. * * 1,900—MOCA. MOCA. *3,000. *2,700-^MOCA. Monroe, La., VOR; »Redwood INT, Miss.; ♦Millsboro INT, Pa.; Allegheny, Pa., VOR; Waco, Tex., VOR via E alter.; Brandon INT, **2,000. *3,500—MRA. **1,900—MOCA. 3.000. *4,000—MCA Millsboro INT, south­ Tex., via E alter.; *2,500. *1,800—MOCA. »Cotton INT, La., via N alter.; Homer INT, bound. Red Oak INT, Tex., via E alter.; Garland INT, La., via N alter.; **2,000. *3,000^-MRA. Section 95.6039 VOR Federal airway 39 Tex., via E alter.; *2,100. *1,900—MOCA. **1,500—MOCA. is amended to read in part: Ardmore, Okla., VOR via E alter,; Okmulgee, Okla., VOR via E alter.; *3,000. *2,400— Section 95.6020 VOR Federal airway 20 Kennebunk, Maine, VOR; Freeport INT, MOCA. is amended to read in part: Maine; *2,400. *1,800—MOCA. Waco, Tex., VOR via W alter.; Parker INT, Corpus Christi, Tex., VOR; via N alter.; Freeport INT, Maine; Augusta, Maine, VOR; Tex., via W alter.; *2,400. *1,900—MOCA. Woodsboro INT, Tex., via N alter.; *1,600. *2,400. *2,000—MOCA. Parker INT, Tex., via W alter.; Joshua INT, *1,200—MOCA. Presque Isle, Maine, VOR; United States- Tex., via W alter.; *2,400. *2,100—MOCA. Woodsboro INT, Tex., via N alter.; Austwell Canadian border; 3,500. Joshua INT, Tex., via W alter.; Britton, Tex., INT, Tex., via N alter.; *1,700. *1,200— Section 95.6044 VOR Federal airway 44 VOR via W alter.; *2,400. *2,000—MOCA. MOCA. is amended to read in part: Morse INT, Okla.,, via W alter.; Okmulgee, Lake Charles, La., VOR; Arthur INT, La.; Okla., VOR via W alter.; *2,600. *2,100— *1,700. *1,500—MOCA. Kenton, Del., VOR; Atlantic City, N.J., VOR; MOCA. Mobile, Ala., VOR; via N alter.; INT., 029° M 1,800. rad, Mobile VOR and 245° M rad, Evergreen Atlantic City, N.J., VOR; Barnegat, N.J., VOR; Section 95.6016 VOR Federal airway 16 VOR via N alter.; *2,000. *1,500—MOCA. 1,800. is amended to read in p a r t : Int., 029° M rad, Mobile VOR and 245° M rad, Evergreen VOR; via N alter.; Evergreen, Section 95.6047 VOR Federal airway 47 Animas INT, N. Mex.; »Cedar INT, N. Mex., Ala., VOR via N alter.; *2,000. *1,600— is amended to read in part: eastbound; **9,000. Westbound; **11,000. MOCA. *11,000—MCA Cedar INT, westbound. Dundee INT, Mich.; Salem, Mich., VOR; * *8,600—MOCA. Section 95.6021 VOR Federal airway 21 *2,500. *2,200—MOCA. Cedar INT, N. Mex.; Columbus, N. Mex., VOR; is amended by adding: Section 95.6051 VOR Federal airway 51 *9,000. *8,200—MOCA. Ogden, Utah, VOR; - »Corinne INT, Utah, is amended to delete: Big Spring, Tex.rVOR; Westbrook INT, Tex.; northbound; **11,000, southbound; *4,200. *3,800—MOCA. **8,000. #*13,000—MRA. #N ot appli­ Jacksonville, Fla., VOR via W alter.; Callahan Westbrook INT, Tex.; »Loraine INT, Tex.; cable Using Corinne RBN to determine INT, Fla., via W alter.; *1,600. *1,300— 4,300. *6,500—MRA. **4,000—MOCA. ' intersection; * *7,600—MOCA. MOCA.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12664 RULES ANO REGULATIONS

From, to, and ME A Section 95.6068 VOR Federal airway 68 Section 95.6094 VOR Federal airway 94 is amended to read in part: Callahan INT, Fla., via W alter.; Cabins INT, is amended to read in part: Ga., via W alter.; ’*2,000. *1,300—-MOCA. From, to, and MEA From, to, and MEA Cabins INT, Ga., via W alter.; Alma, Ga., Sterling INT, Tex.; Tanker INT, Tex.; *4,100. Joshua INT, Tex.; Britton, Tex., VOR; *2,400. VOR via W alter.; *2,000. *1,700—MOCA. *3,600—MOCA. *2,000—MOCA. Section 95.6053 VOR Federal airway 53 Tanker INT, Tex.; San Angelo, Tex., VOR; By Pass INT, Tex.; Hyman, Tex., VOR; *4,500. *3,700. *3,500—MOCA. *3,800—MOCA. is amended to read in part : •Scurry INT, Tex.; Canton INT, Tex.; * *4,000. Columbia, S.C., VOR; »White Rock INT, S.C.; Section 95.6069 VOR Federal airway 69 *2,600—MRA. * * 1,700—MOCA. **2,000. *2,500—MRA. **1,800—MOCA. is amended to read in part: Gregg Co., Tex., VOR; Bethany INT, Tex.; Columbia, S.C., VOR via W alter.; Lexington *2,000. *1,600—MOCA. •Cotton INT, La.; Homer INT, La.; **2,000. Bethany INT, Tex.; Barksdale AFB, La., VOR; INT, S.C., via W alter.; *2,200. *1,900— *3,000—MRA. * * 1,500—MOCA. MOCA. *1,800. *1,500—MOCA. El Dorado, Ark., VOR; »Hampton INT, Ark.; AFB, La., VOR; Jamestown INT, Lexington INT, S.C., via W alter.; Green­ **2,000. *5,000—MRA. **1,500—MOCA. wood, S.C., VOR via W alter.; *2,200. Hampton INT, Ark.; Pine Bluff, Ark., VOR; La.; *1,800. *1,500—MOCA. *2,100—MOCA. *2,000. *1,500—MOCA. Lexington, Ky., VOR; Louisville, Ky., VOR; Section 95.6095 VOR Federal airway 95 *2,500. *2,000—MOCA. Section 95.6070 VOR Federal airway 70 is amended to read in part: Whitesburg, Ky„ VOR; Turkey INT,. Ky.; is amended to read in part: •Castle ENT, Ariz.; Desert INT, N. Mex.; 4,000. Lake Charles; La., VOR; Arthur INT, La.; **13,000. *10,000— MRA. **11,300,— Turkey INT, Ky.; Irvine INT, Ky.; *4,000. MOCA. *3,000—MOCA. - *1,700. *1,500—MOCA. Desert INT, N. Mex.; Farmington, N. Mex., Irvine INT, Ky.; Lexington, Ky., VOR; 2,600. Section 95.6071 VOR Federal airway 71 VOR; 8,000. \ Section 95.6054 VOR Federal airway 54 is amended to read in part: Section 95.6097 VOR Federal airway 97 is amended to read in part: Hot Springs, Ark., VOR via W alter.; »Col­ is amended to read in part: lege INT, Ark., via W alter.; **6,500. Loglick ENT, Ky., via E alter.; Falmouth, Ky., Quitman, Tex., VOR; Naples INT, Tex.; *3,300—MRA. **3,800—MOCA. *2,100. * 1,900t-MOC A. VOR via E alter.; *2,600. *2,300—MOCA. Naples ENT, Tex.; Texarkana, Ark., VOR; Section 95.6074 VOR Federal airway 74 Richmond INT, Ky., Lexington, Ky., VOR; *2,000. *1,700—MOCA. is amended to read in part: *3,000. *2,200—MOCA. Texarkana, Ark., VOR; Washington INT, London, Ky., VOR via W alter.; Lexington, Ark.; *2,500. *1,600—MOCA. Tulsa, Okla., VOR via N alter.; »Pryor INT, Ky., VOR via W alter.; *3,200. *2,800— Holly Springs, Miss., VOR via S alter.; Okla., via N alter.; **2,700. *2,900—MRA. MOCA. Maud INT, Ala., via S alter.; *3,500. * *2,200—MOCA. *2,000—MOCA, Fort Smith, Ark., VOR, via N alter.; »College Section 95.6102 VOR Federal airway INT, Ark., via N alter.; **3,000. *3,300-— 102 is amended to read in part: Section 95.6056 VOR Federal airway 56 MRA. * *2,000—MOCA. Lubbock, Tex., VOR; Guthrie, Tex., VOR; is amended to delete : Section 95.6075 VOR Federal airway 75 *4,900. *4,300—MOCA. Augusta, Ga., VOR via N alter.; Monetta INT, is amended to read in part: Guthrie, T6x., VOR; »Santa Rosa INT, Tex.; S.C., via N alter.; *2,100. *2,000—MOCA. **3,700. *4,000—MRA. • *3,000—MOCA. M onetta INT, S.C., via N alter.¡ »Summit INT, Morgantown, W. Va., VOR; Finley INT, Santa Rosa INT, Tex.; Wichita Falls, Tex., S.C., via N alter.; **2,200. *2,300—MRA. W. Va.; 4,000. VOR; *2,700. *2,200—MOCA. **1,600—MOCA. Section 95.6076 VOR Federal airway 76 Guthrie, Tex., VOR via S alter.; Vera INT, Summit INT, S.C., via N alter.; Columbia, is amended to read in part: Tex., via S alter.; *3,700. *3,000—MOCA. S.C., VOR via N alter.; *2,100. *1,700— Vera INT, Tex., via S alter.; »Wichita Falls, MOCA. Austin, Tex., VOR; Paige INT, Tex.; $2,200. Tex., VOR via S alter.; **3,000. *3,000— *2*100—MOCA. MCA Wichita Falls VOR, southwestbound. S ection 95.6057 VOR Federal airway 57 San Angelo, Tex., VOR; Eden INT, Tex.; **2,800—MOCA. is amended to read in part: *3,700. *3,200—MOCA. Section 95.6106 VOR Federal airway Lexington, Ky., VOR; Falmouth, Ky., VOR; Section 95.6077 VOR Federal airway 77 106 is amended to read in part: N 2,800. is amended to read in part: ~ Johnstown, Pa., VOR; Huntingdon INT, Pa.; Section 95.6062 VOR Federal airway 62 Duncan, Okla., VOR, via E alter.; Alex INT, 5,000. u i v S is amended to read in part : Okla., via E alter; *3,000. *2,500—MOCA. Huntingdon INT, Pa.; Reedsville INT, Pa.; Alex INT, Okla., via E alter.; Oklahoma City, 4,500. Field INT, N. Mex.; Texico, N. Mex., VOR; Okla., VOR via E alter.; *2,800. *2,600— *6,500. *5,800—MOCA. MOCA. _ Section 95.6114 VOR Federal airway Joshua INT, Tex.; Britton, Tex., VOR; *2,400. San Angelo, Tex., VOR; »Rowena INT, Tex.; 114 is amended to read in part: *2,000—MOCA. **3,900. *4,500—MRA. **3,400—MOCA. Claude INT, Tex.; Childress, Tex., VOR; Rowena INT, Tex.; Shep INT, Tex.; *3,900. S ection 95.6065 VOR Federal airway 65 *5,100. *4,400—MOCA. _ *3,400—MOCA. Finley INT, Tex., via S alter.; Childress, Tex., is amended to read in part: Shep ENT, Tex.; Abilene, Tex., VOR; *3,900. VOR via S alter.; *5,100. *4,400—MOCA. Iht, 170° M rad, St. Joseph VOR and 223* M *3,800—MOCA. ♦Santa Rosa INT, Tex., via S alter.; Wichita rad, Kansas City VOR; Lansing INT, Kans.; Abilene, Tex., VOR; *Westover INT, Tex.; Falls, Tex., VOR via S alter.; **2,700. *2,600. *2,300—MOCA. **3,500. *5,000—MRA. **3,100—MOCA. *4,000—MRA. **2,200—MOCA. Section 95.6086 VOR Federal airway 86 Dallas, Tex., VOR; Fruitvale INT, Tex.; Section 95.6066 VOR Federal airway 66 *2,300. *1,900—MOCA. is amended to read in part: is amended to read in part: Sabine INT, Tex., via N alter.; Qultaian, Tex-, •Bozeman, Mont., VOR; Livingston, Mont., VOR via N alter.; *2,300. *1,600—MOCA- Douglas, Ariz., VOR; Heath INT, Ariz.; VOR; 10,000. *9,300—MCA Bozeman VOR, Quitman,.Tex., VOR via N alter.; GreggCoun- 8,500. ty, Tex.r VOR via N alter.; *2,300. 1,900— Heath INT, Ariz.; Animas INT, N. Mex.; southeastbound. MOCA.’ „1 ___ To. *11,000. *8,600—MOCA. Section 95.6091 VOR Federal airway 91 Carthage INT, Tex.; Loganport INT, La.. Animas INT, N. Mex.; »Cedar INT, N. Mex., rrnn n/r/V1A eastbound; **9,000. Westbound; **11,000. is amended to read in part : *11,000—MCA Cedar INT, westbound. Poughkeepsie, N.Y., VOR; Athens INT, N.Y.; Section 95.6115 VOR Federal airway **8,600—MOCA. 3.000. 115 is amended to read in part: Cedar INT, N. Mex.; Columbus, N. Mex., VOR; *9,000. *8,200—MOCA. Section 95.6093 VOR Federal airway 93 Crestview, Fla., VOR; Andalusia INT, Ala.; By Pass INT, Tex.; Hyman, Tex., VOR; *4,500. is amended to read in part: *2,000. *1,500—MOCA. *3,800—MOCA. Section 95.6116 VOR Federal airway Int, 075 M rad, Hyman VOR and 241* M rad, TTiram in t , Maine; Augusta, Maine, VOR; 3.000. 116 is amended to read in part: Abilene VOR; Lazy X ENT, Tex.; *6,000. Augusta, Maine, VOR; Bangor, Maine, VOR; ‘ *3,700—MOCA. Wilkes-Barre, Pa., VOR; Sussex INT, NJ-! Lazy X INT, Tex.'; Nolan INT, Tex.; *5,000. *3,000. *2,300—MOCA. *4,000—MOCA. Bangor, Maine, VOR; Princeton, Maine, VOR; Sussex INT, N.J.; Sparta, N-J., VOR; 3,500, Nolan INT, Tex.; Abilene, Tex., VOR; 4,000. *3,000. *2,500—MOCA.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 RULES AND REGULATIONS 12665

Section 95.6126 VOR Federal airway Section 95.6163 VOU Federal airway From, to, and ME A 126 is amended to read in part: 163 is amended to read in part: Fruitland INT, N. Mex.; Farmington, N. Mex., From, to, and ME A From, to, and ME A VOR; 8,300. Section 95.6214 VOR Federal airway Wilkes-Barre, Pa., VOR; Huguenot, N.Y., Lometa, Tex., VOR: Caradan INT, Tex.: *3,400. VOR; 4,000. *2,800—MOCA. 214 is amended to read in part: »Mill INT, Tex.; Mineral Wells, Tex., VOR; Zanesville, Ohio, VOR; Bellaire, Ohio, VOR; Section 95.6131 VOR Federal airway **3,000. *3,500—MRA. **2,400—MOCA. 3.000. 131 is amended to read in part: Mineral Wells, Tex., VOR; Bridgeport, Tex., Bellaire, Ohio, VOR; Wolfdale INT, Pa.; 3,000. McAlester, Okla., VOR; »Hoffman INT, Okla.; VOR; *3,000. *2,400—MOCA. Section 95.6215 VOR Federal airway **2,700. *4,700—MRA. * *2,200—MOCA. Bridgeport, Tex., VOR; Alvord INT, Tex.; 215 is amended to read in part: Hoffman INT, Okla.; Okmulgee, Okla., VOR; *3,000. *2,600—MOCA. *2,700. *2,200—MOCA. Ardmore, Okla., VOR via W alter.; Alex INT, ‘Tadpole INT, Mich.; Salmon INT, Mich.; Tulsa, Okla., VOR; Coffeyville INT, Kans.; Okla., via W alter.; *3,000. *2,500—MOCA. **3,500. *3,200—MRA. **1,600—MOCA. *2,700. *2,200—MOCA. Section 95.6168 VOJR Federal airway Section 95.6226 VOR Federal airway Section 95.6139 VOR Federal airway 168 is amended to read in part: 226 is amended to read in part : 139 is amended to read in part: Scottsbluff, Nebr., VOR; Snake INT, Nebr., Thornhurst, Pa., VOR; Stillwater, N.J., VOR; Willards INT, Md.; Sea Isle, N.J., VOR; 1,800. eastbound; *14,000. Westbound; *6,200. 4.000. Providence, R.I., VOR; Whitman, Mass., *5,500—MOCA. Section 95.6238 VOR Federal airway VOR; 2,100. Snake INT, Nebr.; O’Neill, Nebr., VOR; *14,000. *5,600—MOCA. 238 is amended to read in part: Section 95.6140 VOR Federal airway Section 95.6169 VOR Federal airway Woodstown, N.J., VOR; Millville, N.J., VOR; 140 is amended to read in part: 169 is amended to read in part: 1,900. Tulsa, Okla., VOR; ‘Pryor INT, Okla.; Hugo, Colo., VOR; Thurman, Colo., VOR; Section 95.6239 VOR Federal airway **2,700. *2,900—MRA. * *2,200—MOCA. 239 is amended to read in part: Tulsa, Okla., VOR via N alter.; Adair INT, *7,200. *6,500—MOCA. Okla., via N alter.; *2,500. *2,100—MOCA. Thurman, Colo., VOR; Akron, Colo., VOR; Sea Isle, N.J., VOR; Bridgeton INT, N.J.; Pryor INT, Qkla.; Fayetteville, Ark., VOR; *7,000. *6,000—MOCA. 1,800. *3,400. *2,800—MOCA. Section 95.6171 VOR Federal airway Section 95.6241 FOJ2 Federal airway Adair INT, Okla.; via N alter.; Fayetteville, 171 is amended to read in part : Ark.» VOR via N alter.; *3,400. *2,800— 241 is amended to read in part: MOCA. Danville, 111., VOR; Peotone, 111., VOR; Crestview, Fla., VOR; Darlington INT, Fla.; *2,500. *2,300—MOCA. MAA—14,000. Section 95.6147 VOR Federal airway *2,000. *1,500—MOCA. 147 is amended to read in part: Section 95.6176 VOR Federal airway Darlington INT, Fla.; Dothan, Ala., VOR; 176 is amended to read in part: *2,000. *1,300—MOCA. Pottstown, Pa., VOR; Coopersburg INT, Pa.; 2,800. , ; _" -vv,. • " 'r Holly Springs, Miss., VOR via N alter.; Maud Section 95.6260 VOR Federal airway Coopersburg INT, Pa.; Allentown, Pa., VOR; INT, Ala., via N alter.; *3,500. *2,000— 260 is amended to read in part: 2,700. . -ij?: MOCA. Hopewell, Va., VOR; Driver INT, Va.; 2,000. Double Springs INT, Ala., via N alter.; Empire Driver INT, Va.; Int, 140° M rad, Hopewell Section 95.6148 VOR Federal airway INT, Ala., via N alter.; *2,600. *2,100— VOR and 233° M rad, Norfolk VOR; 2,100. 148 is amended to read in part: MOCA. Section 95.6268 VOR Federal airway Kiowa, Colo., VOR; Shaw INT, Colo.; 7,900. Section 95.6180 VOR Federal airway 268 is amended to read in part: Shaw INT, Colo.; Thurman, Colo., VOR; 180 is amended to read in part: 7.000. Kenton, Del., VOR; Leesburg INT, N.J.; 1,800. Thurman, Colo., VOR; Hayes Center, Nebr., Clear Spring INT, Tex.; ‘Weimar INT, Tex.; VOR; *7,000. *6,000—MOCA. **3,000. *3,000—MRA. **1,800—MOCA. Section 95.6272 VOR Federal airway Section 95.6151 VOR Federal airway Section 95.6188 VOR Federal airway 272 is amended to^ead in part: 151 is amended to read in part: 188 is amended to read in part: Holdenville INT, Okla.; McAlester, Okla., VOR; *3,000. *2,100—MOCA. Woonsocket INT, BX; Millbury INT, Mass.; Pocono INT, Pa.; Tannersville, Pa., VOR; 3.000. 3,800. Section 95.6278 VOR' Federal airway Millbury INT, Mass.; Gardner, Mass., VOR; 278 is amended to read in part: *3,300. *2,700—MOCA. Section 95.6189 VOR Federal airway 189 is amended to read in part: Plainview, Tex., VOR; Guthrie, Tex., VOR; Section 95.6153 VOR Federal airway *5,100. *4,500—MOCA. 153 is amended to read in part:. Rocky Mount, N.C., VOR; Jackson INT, N.C.; Guthrie, Tex., VOR; Vera INT, Tex.; *3,700. *2,000. *1,500—MOCA. *3,000—MOCA. Stillwater, N.J., VOR; Wilkes-Barre, Pa., VOR; 3,800. Section 95.6190 VOR Federal airway Vera INT, Tex.; ‘Westover INT, Tex.; **5,000. 190 is amended to read in part: *5,000—MRA. **2,800—MOCA. Section 95.6159 VOR Federal airway Westover INT, Tex.; Archer INT, Tex.; *5,000. 159 is amended to read in part: Bartlesville, Okla., VOR; Oswego, Kans., VOR; *2,800—MOCA. *2,700. *2,000—MOCA. *Fox INT, Tex.; Dallas, Tex., VOR; **2,300. Vero Beach, Fla., VOR via E alter.; *1,500— Section 95.6198 VOR Federal airway *2,500—MRA. **2,100—MOCA. MOCA; Winder INT, Fla., via E alter. Dallas, Tex., VOR; Paris, Tex., VOR; *2,400. * 2 ,000. 198 is amended to read in part: *1,700—MOCA. San Simon, Ariz., VOR; Animas INT, N. Mex., Paris, Tex., VOR; Avery INT, Tex.; *2,300. Section 95.6161 VOR Federal airway southeastbound; *11,000. Northwest- *1,700—MOCA. 161 is amended to read in part: bound; *9,000. *8,000—MOCA. Avery INT, Tex.; Texarkana, Ark., VOR; Justin INT, Tex.; *Fox INT, Tex.; **2,500. Animas INT, N. Mex.; ‘Cedar INT, N. Mex.; *2,200. *1,700—MOCA. *2,500—MRA. * *2,000—MOCA. eastbound; **9,000. Westbound; **11,000. Texarkana, Ark., VOR; ‘Waterloo INT, Ark.; Ardmore, Okla., VOR; Pharoah INT, Okla.; *11,000—MCA Cedar INT, westbound; **2,200. *4,000—MRA. **1,700—MOCA. 3,000. *2,700—MOCA. **8,600—MOCA. Waterloo INT, Ark.; ‘Hampton INT, Ark.; Tulsa, Okla., VOR; Nowata INT, Okla.; Cedar INT, N. Mex.; Columbus, N. Mex.; VOR; **5,000. *5,000—‘-MRA. **1,600—MOCA. 2,500. *2,200—MOCA. *9,000. *8,200—MOCA.’ Clear Spring INT, Tex.; ‘Weimar INT, Tex.; Section 95.6280 VOR Federal airway 1 /»?^C^on 95.6162 VOR Federal airway **3,000. *3,000—MRA. * *1,800—MOCA. 280 is amended to read in part: 162 is amended to read in part: Section 95.6210 VOR Federal airway ‘Dora INT, N. Mex.; Texico, N. Mex., VOR; Int. 139° M rad, Clarksburg VOR and 096° 210 is amended to read in part: * *6,500. * 10,000—MRA. * *5,600—MOCA. if. rad, Elkins VOR; Clarksburg, W Va., ♦Dora INT, N. Mex., via S alter.; Texico, VOR; 6,000. Tuba City, Ariz., VOR; Fruitland INT, N. Mex., VOR via S alter.; **6,500. N. Mex.; 12,000. * 10,000—MRA. * *5,600—MOCA.

No. 192----- 2 FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12666 RULES AND REGULATIONS Section 95.6289 VOR Federal airway Section 95.6501 VOR Federal airway From, to, and ME A 289 is amended to read in part: 501 is amended to read in part: Sulphur Springs, Tex., VOR; Dallas, Tex., From, to, and ME A From, to, and ME A VOR; *2,200. *1,900—MOCA. Lufkin, Tex., VOR; »Cushing INT, Tex.; St. Thomas, Pa., VOR; Philipsburg, Pa., VOR; Section 95.6888 VOR Federal airway **2,400. *3,000—MBA. **2,000—MOCA. 4.500. 888 is amended to read in part: Cushing INT, Tex.; Gregg County, Tex., VOR; Leesburg INT, N.J.; Kenton, Del., VOR; 1,800. *2,000. *1,800—MOCA. Section 95.6802 VOR Federal airway Texarkana, Ark., VOR; Dierks INT, Tex.; 802 is amended to read in p art: 2. By amending Subpart D as follows: *2,300. *1,700—MOCA. »Greensburg INT, ,Pa.; Johnstown, Pa« VOR; Airway Segment: From; to— Changeover Dierks INT, Ark.; Greenwood INT, Ark.; 5.000. *4,000—MCA Greensburg INT, east- point: Distance; from *4,500. *3,800—MOCA. bound. Section 95.6295 VOR Federal airway Johnstown, Pa., VOR; Huntingdon INT, Pa.; Section 95.8003 VOR Federal airway 295 is amended to read in part: 5.000. changeover points: Huntingdon INT, Pa.; Reedsvllle INT, Pa.; V-4 is amended to delete: Vero Beach, Fla., VOR via E alter.; Indian 4.500. Malad City, Idaho, VOR; Rock Springs, Wyo« River INT, Fla., via E alter.; *2,000. Allentown, Pa., VOR; Solberg, N.J., VOR; VOR; 93; Malad City. *1,500—MOCA. 2,800. V-22 is amended by adding: Section 95.6297 VOR Federal airway Section 95.6804 VOR Federal airway Brookley, Ala., VOR; Navy Saufiey, Ala., VOR; 297 is amended to read in part: 804 is amended to read in part: 18; Brookley. Johnstown, Pa., VOR; Paulton INT, Pa.; Stillwater, N.J., VOR; Thornhurst, Pa., VOR; V-66 is amended by adding: 5,000. 4.000. Douglas, Ariz., VOR; Columbus, N. Mex., Section 95.6300 VOR Federal airway Section 95.6805 VOR Federal airway VOR; 44; Douglas. 300 is amended to read in part: 805 is amended to read in part: V—68 is amended to read in part: Corona, N. Mex., VOR; Roswell, N. Mex., Camp INT, Maine; Works INT, Maine; Cofield, N.C., VOR; *Zang INT, N.C.; **2,- VOR; 33; Corona. *7,000. *5,700—MOCA. 000. *4,000—MRA. **1,900—MOCA. Works INT, Maine; Milllnocket, Maine, VOR; Zang INT, N.C.; Kinston, N.C., VOR; *2> V-83 is amended to read in p a rt: *6,000. *5,700—MOCA. 000. *1,900—MOCA. Roswell, N. Mex., VOR; Corona, N. Mex« VOR; 48; Roswell. Millinocket, Maine, VOR; Prentiss INT, Section 95.6807 VOR Federal airway Maine; *3,000. *1,700—MOCA. V-148 is amended by adding: Prentiss INT, Maine; United States-Canadian 807 is amended to read in part: Kiowa, Colo., VOR; Thurman, Colo« VOR; border; *3,000. *2,100—MOCA. Sparta, N.J., VOR; Sussex INT, N.J.; 3,500. 44; Kiowa. Sussex INT, N.J.; Wilkes-Barre, Pa., VOR; Section 95.6302 VOR Federal airway V—478 is amended to delete: 302 is amended to read: 4.000. Falmouth, Ky., VOR; Newcombe, Ky« VOR; Augusta, Maine, VOR; Rockland INT, Maine; Section 95.6830 VOR Federal airway 21; Falmouth. *2,200. *1,6Q0—MOCA, 830 is amended to read in part: (Secs. 307 and 1110 of the Federal Aviation Dallas, Tex., VOR; Paris, Tex., VOR; *2,400. Act Of 1958; 49 U.S.C. 1348, 1510) Section 95.6303 VOR Federal airway *1,700—MOCA. 303 is amended to read in part: Paris, Tex., VOR; Avery INT, Tex.; *2,300. Issued in Washington, D.C., on Sep­ Hot Springs, Ark., VOR via E alter.; »College *1,700—MOCA. tember 27,1965. INT, Ark., via E alter.; **6,500. *3,300— Avery INT, Tex.; Texarkana, Ark., VOR; *2,- C. W . W alker, MRA. **3,800—MOCA. 200. *1,700—MOCA. Acting Director, Texarkana, Ark., VOR; Hope INT, Ark.; Flight Standards Service. Section 95.6455 VOR Federal airway *2,000. *1,700—MOCA. [F.R. Doc. 65-10528; Filed, Oct. 4, 1965; 455 is amended to read in part: Grapevine INT, Ark.; Pine Bluff, Ark., VOR; 8:45 am .] Mouse, INT, Miss., via E alter.; Hattiesburg, *1,700. *1,500—r-MOCA. Miss., VOR via E alter.; *2,000. *1,900— Section 95.6837 VOR Federal airway MOCA. 837 is amended to read in part: Chapter II— Civil Aeronautics Board Section 95.6471 VOR Federal airway Kenton, Del., VOR; Leesburg INT, N.J.; 1,800. SUBCHAPTER A— ECONOMIC REGULATIONS 471 is amended to read: Providence, R.I., VOR; Whitman, Mass., [Reg. No. ER-445] Bar Harbor INT, Maine; Bangor, Maine, VOR; VOR; 2,100. *3,000. *2,300—MOCA. Section 95.6843 VOR Federal airway PART 298— CLASSIFICATION AND Bangor, Maine, VOR; Millinocket, Maine, 843 is amended to read in part: EXEMPTION OF AIR TAXI OPERA­ VOR; *2,400. *1,700—MOCA. Millinocket, Maine, VOR; Houlton, Maine, Peotone, 111., VOR; Danville, HI« VOR; *2,500. TORS VOR; *2,600. *1,900—MOCA. *2,300—MOCA. MAA—14,000. Houlton, Maine, VOR; U.S.-Canadian Border; Blanket Authority to Air Taxi Section 95.6845 VOR Federal airway Operators To Carry Mail *2,600, *1,900—MOCA. 845 is amended to read in part: Section 95.6472 VOR Federal airway Pharoah INT, Okla.; Ardmore, Okla., VOR; Adopted by th e Civil Aeronautics 472 is amended to read in part: •3,000. *2,700—MOCA. Board at its office in Washington, D.C., o n th e of September *Zang INT, N.C.; Kinston, N.C., VOR; * *2,000. 30th day 1965. *4,000—MRA. *4,000—MCA Zang INT, Section 95.6859 VOR Federal airway In a notice of proposed rule making eastbound. * * 1,900—MOCA. 859 is amended to read in part: published in the F ederal R egister on Pharoah INT, Okla.; Ardmore, Okla., VOR; April 9, 1965 (30 F.R. 4636), and cir­ Section 95.6476 VOR Federal airway *3,000. *2,700—MOCA. culated to the industry as EDR-82, 476 is amended to read in part: Docket 16024, the Board proposed to Baltimore, Md., VOR; Blackbird INT, Del.; Section 95.6880 VOR Federal airway amend Part 298 of the Board’s Economic *2,000. *1,600—MOCA. 880 is amended to read in part: Regulations (14 CFR Part 298) to (1) ex­ Blackbird INT, Del.; Millville, N.J., VOR; Int, 065* M rad, Tannersville VOR and 311° tend the term of the part for an indefinite 2 ,000 . M rad, Sparta VOR; Sussex INT, Pa.; 3,500. Sussex INT, Pa.; Wilkes-Barre, Pa., VOR; period; and (2) grant air taxi operators Section 95.6478 VOR Federal airway 4,000. blanket authority to carry mail subject 478 is amended to read in part: to conditions. In the notice the Board Falmouth, Ky., VOR; Newcombe, Ky., VOR; Section 95.6887 VOR Federal airway invited interested persons to subm it *3,000. *2,500—MOCA. 887 is amended to read in part: pertinent information and data with Pine Bluff, Ark., VOR; Grapevine INT, Ark.; respect to the proposed rule. Section 95.6493 VOR Federal airway *1,700. *1,500—MOCA. ^ 493 is amended to read in part: Pursuant to the above notice, 31 com­ Hope INT, Ark.; Texarkana, Ark., VOR; *2,000. ments were received, including 6 from Lexington, Ky., VOR; York, Ky., VOR; 3,000. *1,700—MOCA.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 RULES AND REGULATIONS 12667 air taxi operators,1 2 from trunkline air final rule is the one that the Board pro­ Wien) object to additional mail authority carriers,2 7 from local service carriers,* posed. for air taxi operations in Alaska, and the 3 from intra-Alaska carriers,1 1 from a Through inadvertence we failed to con­ Hawaiian route carriers (Hawaiian Air­ Hawaiian route carrier,® 1 from a heli­ solidate into this proceeding two petitions lines and Aloha) object to blanket mail copter carrier,6 6 comments from trade for rule making which were filed by the authority for operations in the State of associations,7 a comment from the Post National Association of Third Level Air­ Hawaii. Office Department, 1 from a State avia­ lines, now known as Association of Com­ Lake Central limited its objection to tion agency,® 1 from a Congressman,9 and muter Airlines (Docket 14977) and The the grant of mail authority to “scheduled 2 from the general public.10 New England Council, Inc. (Docket route-type” air taxi operators which Interested persons have been afforded 15223), and which were discussed in the were described in connection with its ob­ an opportunity to participate in the mak­ explanatory statement in the notice. jection to the extension of the term of ing of this rule, and due consideration Consequently, these petitions are hereby the part, supra, p. 3. For the reasons has been given to all relevant matter pre­ consolidated in the instant rule making given above, and since utility of the ex­ sented. In brief, the notice proposed to proceeding (Docket 16024). emption would be severely diminished if (1) extend the term of the part for an D iscussion the Post Office was unable to rely upon indefinite period; and (2) grant air taxi scheduled services, this objection is over­ operators blanket authority to carry Extension of the term of the part. ruled. Pacific and Southern maintain mail, subject to the requirements that Lake Central objects to the proposed ex­ that if air taxi operators are granted there be in effect a final section 406 mail tension of the term of the part for an blanket mail authority, they will appear rate for the carrier covering the particu­ indefinite period solely with respect to to have been awarded an opportunity to lar service, that the service be rendered air taxi operators which engage in provide a governmental service under on a nonsubsidy basis and that the air “scheduled route-type” operations. As normal public utility type regulation taxi operator be proscribed from carriage' to such carriers, Lake Central requests when in fact this is not so and, accord­ of mail in markets where a certificated an extension of the term of the part for ingly, may attract investors on the route carrier is authorized to provide not more than 2 years.“ According to strength of something which does not service pursuant to either certificate or Lake Central, such air taxi operators, exist. Even if this speculation had sub­ exemption authority. For the reasons of which TAG Airlines is an example, stance, it would be a matter for State and hereinafter set forth, we shall adopt the operate services in direct competition Federal agencies concerned with securi­ rule as proposed with the following modi­ with certificated route carriers. In addi­ ties regulation rather than the Board. fications: (1) The term of authorization tion, Lake Central requests and evidenti­ However, in view of the experimental for the carriage of mail shall be limited ary hearing or oral argument before the nature of the carriage of mail by air taxi to a 3-year period; (2) the geographi­ Board on the limited issue of the ex­ operators, we shall limit the grant of this cal area of such carriage shall be limi­ tension of the term of the part to such authority to a term of 3 years. This will ted to the 48 contiguous States and “scheduled route-type” air taxi opera­ provide the Board with sufficient data to and Hawaii; and (3) air taxi operators tors. Presumably, Lake Central is not enable it to review and appraise the re­ shall not be prohibited from carrying objecting to an extension of the term sults of such operations and decide on mail between points between which a cer­ with respect to air taxi operators which the appropriate action prior to the end tificated helicopter carrier is authorized do not engage in “scheduled route-type” of the term. to provide service by an area exemption operations. For reasons hereinafter set forth, we order unless stich helicopter carrier also We shall overrule Lake Central’s ob­ shall exclude from the grant of authority has an approved flight pattern on file jection and extend the term of Part herein mail operations in Alaska and with the Board authorizing it to serve 298 for an indefinite period as proposed shall limit the mail authority of air taxis such market. Except for these changes in the notice. The local service carrier in Hawaii to those markets where regu­ and for minor editorial modifications, the has provided no factual data which lar service can now be provided under would justify the Board in differen­ Part 298. 1Air Taxi Co. of Red Bank, N.«!.; Catalina tiating in the rule between air taxi op­ Mail authority in Alaska and Hawaii. Air Lines, Inc.; Commuter Airlines, Inc.; erators which offer scheduled service in The Alaskan route carriers oppose the Greylock Airways, Inc., doing business as markets served by certificated route car­ grant of additional mail authority to air Greylock Airways or Yankee Airlinés; Hood riers and those which do not offer such taxis in Alaska. They argue that the Airlines, Inc.; TAG Airlines. service. We shall also deny Lake Cen­ 2 Delta Air Lines, Inc.; United Air Lines. tral’s request for an evidentiary hearing carriage of mail by air taxi operators to 8 Allegheny Airlines,-ine.; Central Airlines, or oral argument on the issue of the ex­ points and over routes in Alaska not Inc.; Frontier Airlines, Inc.; Lake Central served by certificated scheduled air car­ Airlines, Inc.; North Cèntral Airlines, Inc., tension of the term of the part solely riers may be provided under contracts and West Coast Airlines, Inc. (jointly); with respect to “scheduled route-type” with the Post Office Department pursu­ Pacific Air Unes, Inc.; Southern Airways, Inc. air taxi operators. The present record ant to statutory authority entitled “Spe­ Also, Ozark Airlines, Inô.y and Trans-Texas amply supports our findings herein and cial Arrangement in Alaska” (39 U.S.C. Airways, Inc., filed a joint comment with no useful purpose would be served by an Hawaiian Airlines and Los Angeles Airways augmented record based on an eviden­ 6302, 74 Stat. 693). It appears that the (helioopter). tiary hearing or oral argument. proposed rule is superfluous insofar as 4 Alaska Coastal-Ellis Airlines; Cordova Blanket authority to carry mail. Alaska is concerned and accordingly, the Airlines, Inc.; Wien Alaska Airlines, Inc. final rule makes no provision for Alaska 'Aloha Airlines, Inc. In addition, Hawai­ Three local service carriers (Lake Cen­ ian Airlinés, Inc., filed a joint comment with tral, Pacific and Southern) object in mail authority. (See § 298.3(a), infra.) Los Angeles Airways, Ozark and Trans-Texas. whole or in part to the proposed blanket The Hawaiian route carriers oppose “Los Angeles Airways, Inc., jointly with authority to air taxi operators to carry any authorization to air taxis to carry Hawaiian, Ozark and Trans-Texas. mail in Hawaii. They assert that such 7 Aircraft Owners and Pilots Association; mail. Also, certain Alaskan route car­ Association of Commuter Airlines, formerly riers (Alaska Coastal-Ellis, Cordova and transportation would be on a scheduled known as National Association of Third Level basis whereas air taxis in Hawaii are pro­ Airlines, a petitioner in the instant rule 11 The carrier also asks the Board to pro­ hibited by § 298.21(b) (1) of the Board’s making proceeding; National Air Taxi Con­ vide expressly for (1) retention of the author­ Economic Regulations from providing ference; National Association of State Avia­ ity to review at any time the exemption ap­ such scheduled service. They also assert tion Officials; National Aviation Trades As­ plicable to any competing route-type air taxi sociation; The New England Council, a peti- operator, and (2) reservation of the right that the carriage of mail by air taxis in ing161 k* instant rule making proceed- to withdraw the exemption as to any such Hawaii would divert mail revenue of the carrier at any time without a hearing. The certificated route carriers, thereby caus­ 8 Texas Aeronautics Commission. Board finds no need to include these terms in ing them substantial financial harm. 2 Hon. Teno Rone alio of Wyoming. its grant of authority provided for herein. Th°mas J. Harris of Oklahoma City, The Board has ample power to review the Finally, they maintain that there is no T ahomaï E*r- L. M. Southwick, Edinburg, exemption in the event that circumstances need for the carriage of mail by air taxis warrant. in view of the high frequency of service

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12668 RULES AND REGULATIONS by the route carriers between the is­ tice proposed that the mail exemption trunkline carriers which serve such mar- lands.“ authority to air taxi operators not be Of course, the usefulness of air taxi operative in markets where a certificated We shall not adopt this proposal at mail service would appear to depend in route carrier is currently authorized to this time. If the Board modifies the pro­ part upon the authority to provide regu­ provide service either by certificate or posed rule by proscribing air taxis from larly scheduled service. It is true that pursuant to exemption authority. The providing mail service in markets which at the time that the comments were filed Post Office Department, the trade asso­ certificated route carriers can serve only in this rule making proceeding, air taxis ciations, the air taxi operators (with one via multi-carrier connections, the practi­ in Hawaii were proscribed by Part 298 exception)and the private individuals cal effect would be to restrict air taxis to from providing regular service. How­ who filed comments all support the the carriage of mail in markets where one ever, subsequent to the filing of the com­ Board’s proposed rule. One route car­ of the points is not authorized service by ments in the instant proceeding, the rier (Allegheny) states that it does not a certificated route carrier. Although Board on July 20, 1965 by ER--438 (30 object to the Board’s proposed exemption these may be the only markets where the PH. 9201) partially removed the regu­ to air taxis to carry mail. Although two Post Office Department will find it ad­ larity limitations on air taxi operations route carriers (Ozark and Trans-Texas) vantageous to contract with air taxis for within Hawaii and authorized regular assert that they are taking no position the transportation of mail by aircraft, air ¿taxi operations to or from airports or with respect to the authorization of air we are not persuaded by these argu­ landing areas which are located 15 or taxi operators to transport mail at com­ ments to deprive the Post Office Depart­ more air miles from the nearest airport pensatory mail rates between points not ment of freedom to contract for mail served by a certificated carrier. Thus, in authorized to be served either by exemp­ carriage by air taxis in markets served tion authority or certificate, they never­ by certificated carriers only via multi­ a limited number of markets in Hawaii, carrier connections which may not, in air taxi operators may now provide regu­ theless urge that no such authority be granted where a route carrier in the area fact, provide the Post Office with usable larly scheduled operations. Although services. In addition, the mail authority the route carriers have alleged that the has indicated to the Board a willingness to provide mail service between the granted to air taxis is for an experi­ authorization of air taxis to carry mail mental period of 3 years and, should the in Hawaii would cause them substantial points in question and has filed an appli­ cation for exemption authority covering route carrier suffer substantial diver­ harm, they have not demonstrated that sion from grant of this authority (a this would be so. In the absence of such such service. This suggestion would re­ sult in built-in delays in the implementa- happening which we seriously doubt a showing, we are unwilling to proscribe could occur), the matter can be recon­ the Department from utilizing air taxi tioivof needed services, and it will not be adopted. sidered when the Board determines the operators authorized to provide sched­ issue of renewal of the term. uled point-to-point services. In view of With one exception applicable to certificated helicopter operators (infra, We wish to make it clear that the only the foregoing, we will authorize air taxis markets which are proscribed for air to carry mail in Hawaii in those markets pp. 11-12), we shall not authorize air taxis to conduct mail operations in mar­ taxi mail service are those which are in which they may provide regular air authorized on-line service by a single taxi service pursuant to § 298.21(e). kets where route carriers are authorized to serve, as set forth in the proposed certificated route carrier, whether such (See § 298.3(a), infra.) authorization be found in a certificate of Conditions on mdil authorization—(1) rule. Delta and Central ask that the mail public convenience and necessity or in a Final mail rate under section 406. The Board order granting exemption author­ notice proposed that, as a condition to exemption authority be made inoper­ ative in markets where multi-carrier ity. There is no requirement that such the mail authorization, there be a final a market be described on a single seg­ section 406 mail rate in effect for the service by certificated route carriers is authorized pursuant to certificate or ex­ ment of a route carrier’s authorization carrier covering the particular service. and, so long as both points comprising Lake Central suggests that the Board re­ emption authority. They point out that under the Board’s proposed rule, air taxi the market are authorized service in the quire each air taxi operator filing a peti­ route carrier’s certificate or pursuant to tion for the fixing of a section 406 final mail service would be authorized between pairs of points where no single certifi­ exemption authority, the air taxi opera­ mail rate to serve by registered or certi­ tor will not be permitted to carry mail fied mail a copy of such petition upon cated route carrier holds authority but connecting service may be provided by between such points. We also wish to each certificated route carrier which two such carriers via a junction point. emphasize that the Board will consider is authorized to serve any point in such They assert tfiat there are many signifi­ specific requests for exemptions to au­ petition. Our rules of practice appli­ cant markets involving good, usable two- thorize mail service by air taxi operators cable to mail rate proceedings do not re­ carrier connecting mail service between between points where a certificated route quire such service in other cases, and exclusive! local service carrier points and carrier may not be providing a usable we see no reason to require it here. trunkline points where connecting serv­ postal service in the view of the Post Of­ Under our procedures, the Board pro­ ice is the best that can be provided under fice Department or other interested party. vides ample public notice before estab­ existing authority from the Board, that (3) Markets in which single-plane lishing final mail rates. the concept of local service and trunkline carrier systems presupposes the feeding service is not scheduled "by a route car­ (2) Markets which a certificated route rier. In its notice the Board requested carrier is authorized to serve. The no- of mail and other traffic between the re­ the parties to comment on a somewhat spective systems via connections at gate­ broadened exemption which would au­ 12 Aloha asserts that the Board cannot as way points, and that the Board’s pro­ thorize air taxi operators to carry mail a matter of law grant air taxi operators au­ posed rule would enable air taxis to di­ thority to carry mall to points to which between points where no single-plane Aloha has applied for similar authority with­ vert mail from the local service and service is scheduled by a route carrier. out granting Aloha a comparative hearing, All of the route carriers filing comm ents citing the Ashbacker doctrine (Ashbacker “ The one exception is the air taxi, Cata­ oppose this broader exemption, pointing Radio Carp, vs, PGC, 326 U.S. 327 (1956)). lina Air Lines, Inc., which transports mail out that, if adopted, a local service car­ In this connection, Aloha has filed a certifi­ between Long Beach and Santa Catalina Is­ rier could frustrate an air taxi’s mail au­ cate amendment application with the Board land, Calif., pursuant to a so-called air star thority in a given market, by initiating (Docket 14915) in which it seeks authority route contract (39 U.S.C. 6303). I t asks th a t single-plane service therein after the to engage in air transportation “between any the blanket mail-carrying authority of the pair of points in the State of Hawaii.” Aloha air taxi operators be further restricted to Board had completed a section 406 mail made a similar Ashbacker argument in the those areas where air star route contracts rate proceeding for the carriage of mail rule making proceeding in which the Board have not been entered into. We shall not by an air taxi. In addition, they state removed in part the regularity limitations incorporate this suggestion into the final that the threat of diversion of mail reve­ on air taxi operations within Hawaii. This rule. The extent to which the Post Office nues of a local service carrier by air taxi argument was rejected by the Board in that Department should rely on star route con­ operations in a particular market im&nt rule m a k i n g proceeding (ER-438, adopted tracts is for the Department to determine, nr»ri we find no basis to interfere with the induce a local service carrier to initiate July 20, 1965, 30 F.R. 9201) and for the same single-plane service therein which would reasons given therein it is rejected here. ' exercise of its discretion in the matter.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 RULES AND REGULATIONS 12669 not otherwise be economically justified or Hawaii18 of mail by aircraft and points by reason of an exemption au­ and could, in the long run, increase sub­ which: thorization issued pursuant to section sidy. It is further claimed that the (1) Do not, directly or indirectly, uti­ 416(b) (1) of the Act: Provided, however, broader exemption would foster com­ lize large aircraft in air transportation, That with respect to a market which a petition between air taxis and route car­ and certificated helicopter carrier is author­ riers in the smaller markets which can (2) Do not hold a certificate of public ized to serve under an area exemption least support such competition. On the convenience and necessity or other eco­ order, an air taxi operator will be pro­ other hand,, the air taxi operators, the nomic authority issued by -the Board. hibited from carrying mail therein only trade associations and the Post Office Provided, however, That any authority if there is an approved flight pattern Department seek the broader exemption; granted in this part to engage in* the with respect to such market under Part in fact, the latter asks for the broadest transportation of mail is limited to the 376 of this chapter (Board’s special regu­ possible mail-carrying authority for air carriage of mail on a non-subsidy basis; lations). The rules applicable to final taxi operators. i.e., on a service mail rate to be paid en­ mail rate proceedings set forth in Part In view of the experimental nature of tirely by the Postmaster General, and 302 of this chapter shall govern the pro­ the authority granted herein, we do not the air taxi operator shall not be en­ cedure for establishing a final mail rate find it appropriate to adopt the broader titled to any subsidy payment with re­ of an air taxi operator for purposes of exemption for air taxis at this time. In spect to any operations conducted pur­ this part. (See §§302.300 through those specific instances where a route suant to any authority granted in this 302.321, excluding § 302.310 of this carrier’s service in a particular market part. chapter.) is deemed inadequate, the Post Office ***** (Sec. 204, 72 Stat. 743; 49 U.S.C. 1324. In ­ Department and/or air taxi operators terpret or apply section 416, 72 Stat. 771; 49 should file with the Board an applica­ 2. By amending § 298.13 so that the U.S.C. 1386) tion for specific exemption authority for section will read as follows: By the Civil Aeronautics Board. air taxi § 298.13 Duration of exemption.. operations in such market. [seal] H arold R. S anderson, (4) Area exemption authority for cer­ The exemption from any provision of Secretary. tificated helicopter carriers. Under the Title IV of the Act provided by § 298.11 [PJt. Doc. 65-10565; Piled, Oct. 4, 1965; proposed rule, the Part 298 exemption shall continue in effect only until such 8:47 a.m.] authority to air taxi operators to time as the Board shall find that enforce­ carry mail would not be operative in ment of such provision would be in the markets where a certificated route public interest or would no longer be a carrier is authorized to provide service burden on air taxi operators: Provided, Title 49— TRANSPORTATION pursuant to exemption authority. The That upon such a finding as to any air intent of the- proposed rule is to pro­ taxi operator or class of air taxi opera­ Chapter I— Interstate Commerce scribe operations by air taxi operators tors, such exemption shall to that ex­ Commission in markets which are authorized for tent terminate with respect to such op­ SUBCHAPTER A— GENERAL RULES AND service by certificated carriers. How­ erator or class of operators: And pro­ REGULATIONS ever, the area exemption authority of vided further, That the authorization to three certificated helicopter operators air taxi operators to engage in the trans­ PART 6—-FEES FOR COPYING, CERTI­ requires Board approval of a flight pat­ portation of mail by aircraft within the FICATION AND SERVICES IN CON­ tern as a condition to exercise of the 48 contiguous States and Hawaii shall NECTION THEREWITH exemption. See Chicago-Helicopter Air­ terminate on December 31, 1968. Charges ways, Inc. (Orders £-20258/9, December 3. Amend paragraph (a) and add 12,1963), Los Angeles Airways, Inc. (27 paragraph (f) of § 298.21 to read as Pursuant to the provisions of Title V CAB 36, 45 (1958) ) , and New York Air­ follows: of the Independent Offices Appropriation ways, Inc. (30 CAB 898, 906 (I960)). Act, 1952 (5 U.S.C. sec. 140), as imple­ Accordingly, we shall modify the pro­ § 298.21 Scope of service authorized. mented by Bureau of the Budget Circu­ posed rule so as to permit air taxi opera­ (a) General scope. The exemptionlar No. A-25, dated September 23, 1959, tors to carry mail in a market which, authority provided to air taxi operators the Interstate Commerce Commission although within the area exemption au­ by this part shall extend to the direct has revised its schedule^ fees for copy­ thority of a certificated helicopter car­ air transportation of persons, property ing, certification and services in connec­ rier, is not included within an approved and mail (subject to the limitations im­ tion therewith, effective October 1, 1965. flight pattern so that the market cannot posed in §§ 298.3(a) and 298.13) In air­ It is ordered, That paragraphs (a), be served by such helicopter carrier. craft having a maximum takeoff weight (b), (c), (d), (e), and (f) of §6.1, »(See §298.21 (f)(3), infra.)14 of 12,500 pounds or less, except as pro­ Charges, be amended to read as follows: Accordingly, the Civil Aeronautics hibited by paragraphs (b), (c), (d), and Board hereby amends Part 298 of its § 6.1 Charges. (f) of this section. * * * * * Economic Regulations (14 CFR 298) ef­ * * * * * fective November 4,1965, as follows. (a) Certificate of the Secretary, $1. 1. By amending § 298.3(a) to read as (f) Limitations on carriage of mail (b) Services involved in examination follows: within the 48 contiguous Statei and of tariffs or schedules for preparation Hawaii. Within the 48 contiguous States of photostat copies or certified copies of § 298.3 Classification. and Hawaii, an air taxi operator shall tariffs or schedules or extracts therefrom (a) There is hereby established anot be authorized to carry mail between at the rate of $6 per hour. classification of air carriers, designated any pair of points (1) whoa there is no (c) Services involved in checking rec­ air taxi operators” which engage in the final mail rate in effect for such carriage; ords to be certified to determine authen­ direct air transportation of passengers (2) when an air carrier holds a certificate ticity, the clerical work, etc., incidental of public convenience and necessity thereto, at the rate of $3 per hour. and/or property and/or in the trans­ pursuant to section 401(d) (1) or (2) of portation within the 48 contiguous States (d) Photostat copies of tariffs, reports the Act which authorizes service between and other documents, at the rate of $1.20 such pair of points and such authority Several comments called attention to tin per exposure. Copy of one or more has not been suspended; or (3) when an pages may be made with one exposure, mission from the proposed rule of exist air carrier holding a certificate of public taf« 298-3(a) (!) and (2) which prohibit at depending on size of page. axi operators from utilizing large aircraft ii convenience and necessity pursuant to (e) Xerox copy of tariffs, reports and "Asportation (5 298.3(a)(1)) or hold- section 401(d) (1) or (2) of the Act has other documents, 25 cents per letter-size 8 a certificate of public convenience anc authority to serve between such pair of or legal-size sheet. s,wiESvty or other economic authority is- (f) Minimum charge of $1 will be onfi«4 the (I 298.3 (a )(2 )). Thii 10 The authority at air taxis to carry mail was inadvertent and these provi in Hawaii is limited to the markets where made for copying service. been inserted in the final ruh point-to-point regular service may he pro­ ***** promulgated herein (§ 298.3(a), infra)* vided under this part. (Sec. 501, 65 Stat. 290; 5 U.S.C. 140)

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12670 12670 It is further ordered, That notice of to inhibit microbiological spoilage, in mitted in a petition (FAP 4C1206) filed a. Underf item 1, subitem f is changed this order be given to the general public amounts not to exceed 12 parts per by The Dow Chemical Co., Post Office in the fifth and sixth columns to read as by depositing a copy in the Office of the million. Box 512, Midland, Mich., 48641, and indicated. Secretary of the Commission at Wash­ Any person who will be adversely af­ other relevant material, has concluded b. A new item 2.4 is inserted immedi­ ington, D.C., and by filing a copy thereof fected by the foregoing order may at any that the food additive regulations should ately following item 2.3; subitems a, b, with the Director, Office of the Federal time within 30 days from the date of its be amended to provide for the safe use and c thereafter are changed in the first Register. publication in the F ederal R egister file in chicken feed of specified combinations column to read as indicated; and sub- Dated at Washington, D.C., this 28th with the Hearing Clerk. Department of of zoalene, 3-nitro-4-hydroxyphenylar- item 1 is deleted and reserved. day of September 1965. Health, Education, and* Welfare, Room c. A new item 3.4 is inserted immedi­ 5440, 330 Independence Avenue SW., sonic acid, and low-level antibiotics. By the Commission, Chairman Webb. Therefore, pursuant to the provisions of ately following item 3.3; subitems a, b, Washington, D.C., 20201, written objec­ and c thereafter are changed in the first [seal] H. Neil G arson, tions thereto, preferably in quintupli­ the Federal Food, Drug, and Cosmetic column to read as indicated; subitem 1 Secretary. cate. Objections shall show wherein the Act (sec. 409(c)(1), 72 Stat. 1786; 21 is deleted and reserved; and subitem m [FJt. Doc. 65-10547; Filed, Oct. 4, 1965; person filing will be adversely affected U.S.C. 348(c)(1)), and under the au­ is changed in the fifth column to read as 8:46 a.m.] by the order and specify with particu- thority delegated to the Commissioner indicated. larity the provisions of the order deemed by the Secretary of Health, Education, As amended, the affected portions read objectionable and the grounds for the as follows: objections. If a hearing is requested, the and Welfare (21 CFR 2.90), Part 121 is Title 21— FOOD AND DRUGS objections must state the issues for the amended as follows: § 121.207 Zoalene. hearing. A hearing will be granted if the • * * • a Chapter I— Food and Drug Adminis­ 1. In § 121.207(c), the table is changed objections are supported by grounds (c) * * * tration, Department of Health, Edu­ legally sufficient to justify the relief in the following respects: cation, and Welfare sought. Objections may be accompanied REGULATIONS AND RULES by a memorandum or brief in support Zoalene in Complete F eeds foe Chickens and T urkeys SUBCHAPTER B—-FOOD AND FOOD PRODUCTS thereof. PART 121— FOOD ADDITIVES Effective date. This order shall be Principal Grams per Combined with— Grams per Limitations Indications for use ingredient ton ton Subpart D— Food Additives Permitted effective on the date of its publication in F ederal R egister. in Food for Human Consumption the 1 * * * (Sec. 409(c) (1), 72 Stat. 1786; 21 U.S.C. 348 * * * * ♦ * * # * • * * 0 0 0 • * * to-H eptyl p -H ydroxybenzoate * * *. * * * • * * § 121.262, table 1, § 121.262, table 1, (c)(1)). f. * * * item 2.1. item 2.1. The Commissioner of Food and Drugs, * * * * * * * * * • * * • * * Dated: September 28, 1965. 2.3 * * * having evaluated the data in a petition 113.5 3-Nitro-4-hydrox- 22.7-45.4 For broiler checkens; Prevention and con- (FAP 5H1654) filed by Hazleton Labora­ G eo. P. Larrick, (C.0125%) yphenylarsonic (0,0025%- withdraw 6 days trol of coccidiosis; Commissioner of Food and Drugs. acid. U 006%) before slaughter. growth promotion tories, Inc., Post Office Box 30, Falls and feed efficiency; Church, Va., 22046, on behalf of Washine [F.R. Doc. 65-10561; Filed, Oct. 4, 1965; improving pigmen­ tation. Chemical Corp., Lodi, N.J., and other 8:47 a.m.] / * 0 * * * * * * * * * * * * * relevant material, has concluded that a. 2.1, 2.2, or 2.4.. * * * * * ♦ b. 2.1, 2.2, or 2.4.. • • » a food additive regulation should be PART 121— FOOD ADDITIVES c. 2.1,* 2,2,* * or 2.4.. * * * ♦ * * 0 0 0 * * * * * * issued to provide for the safe use of 7i-heptyl p-hydroxybenzoate in fer­ Subpart C— Food Additives Permitted * * * * * * * * * 0 0 0 3.3 * * * mented malt beverages to inhibit micro­ in Feed and Drinking Water of An­ 36.3-113.5 3-Nttro-4-hydroxy 22.7-45.4 ♦ * # * 0 0 biological spoilage. Therefore, pursuant (0.004%- phenylarsonic (00.025%- imals or for the Treatment of Food- acid. 0.005%) to the provisions of the Federal Food, 0.0125%)* * * * 0 0 * * ♦ * 0 0 0‘ 0 0 Drug, and Cosmetic Act (sec. 409(c) (1), Producing Animals a. 3.1, 3.2, or 3.4. * • * • * * • * * 0 0 0 0 0 0 72 Stat. 1786; 21 U.S.C. 348(c)(1)) and SUBCHAPTER C— DRUGS b. 3.1,3.2, or under the authority delegated to the 3.4. • * * * * * * * * 0 0 0 0 0 0 PART 144—ANTIBIOTIC DRUGS; EX­ c. 3.1,3.2, or Commissioner by the Secretary of Health, 3.4. * * * * • * * • 0 0 0 0 0 0 Education, and Welfare (21 CFR 2.90), EMPTIONS FROM LABELING AND • * * Part 121 is amended by adding to Sub­ CERTIFICATION REQUIREMENTS m. * * * * * * 0 0 0 For replacement part D a new section, as folldws: chickens; as tylosin Zoalene, 3 - Nitro-4 - Hydroxyphenyl- phosphate. § 121.1186 n-Heptyl p-hydroxybenzo- arsonic Acid, Penicillin, Bacitracin ate. n-Heptyl p-hydroxybenzoate may be A. The Commissioner of Food and 2. Section 121.208(d) is amended by adding to table 1 new items 2(e), 3(b), 6(e), safely used in fermented malt beverages Drugs, having evaluated the data sub­ and 7(b), as follows:

FEDERAL REGISTER, VOL. 3 0 , N O . 1 9 2 — TUESDAY, OCTOBER 5 , 1 9 6 5 § 121.208 Chlortetracycline. 4. Section 121.233(d) is amended by addins to table 1 new items 2.2f, 3.2a, and • • * * * * • 5.2b, as follows: (d) * * • § 121.233 Zinc bacitracin. Table 1—Chlortetbacycline in Complete Chicken and T urkey Feeds • * * * * * • 0 vu; Principal Grams per Combined with— Grains per Limitations Indications for use ingredient ton ton Table 1—Zinc B acitracin in Complete Chicken and T urkey F eed Principal Grams per Combined with— Grams per Limitations Indications for use 2. * * *■• • • ; « ’4 • - * * * • * * 0 « * * ... ingredient ton ton (e) Chlortetra­ 50-100 3-Nitro-4-bydroxy- 22.7-45.4 For chickens; as $ 121.262(e), table 1, cycline. pbenylarsonic prescribed in item 1.1. • G * • * * acid. V 121.262(c), table * * * * * * ... * * * »: 1, item 1.1. 2.2 * * * * * * 3. • • * * G * * * * * * * ...... • • • i f. 2.1».____ 50-100 3-Nitro-4-hydrox- 22.7-45.4 For chickens; as pre­ § 121.262(c), table 1, (b) Chlortetra­ 60-100 3-Nitro-4-hydroxy- 22.7-45.4 For turkeys; as $ 121.262(c), table 1, yphenylarsonic scribed in $ 121.262 item 1.1. cycline. phenylarsonic prescribed in item 2.1. acid. (e), table 1, item 1.1. acid. 1 121.262(c), * * • • * * • * • * * * ...... table 1, item 2.1. 3.2 * * * • * • * * * • * • * G G • * • a. 3.1...... 50-100 3-Nitro-4-hydrox- 22.7-46.4 For turkeys; as pre­ § 121.262(e), table 1, «. • • • yphenylarsonic scribed in § 121.262 item 2.1. * * * * • • .... * * * * • « ... acid. (o), table 1, item (e) Chlortetra­ 100-200 3-Nltro-4-hydroxy- 22.7-45.4 For chickens: as $ 121.262(e), table i, 2.1. cycline. phenylarsonic * * • * • • • * * * * ... • • • prescribed in item 1.1. 5.2 * ♦ * acid. § 121.262(c), * * * * * * * * * * * * table 1, item l.l. • • * 6 M

7. * • '• b. 5.1,...... 100 3-Nitro-4-hydrox- 22.7-45.4 For chickens; as pre­ § 121.262(c), table 1, REGULATIONS AND RULES • * * 9 6* 1 1 * * * * • * • • * * yphenylarsonie scribed in $ 121.262 item 1.1. (b) Chlortetra­ 100-200 8-Nitro-4-by

FEDERAL REGISTER, V O L 30, NO. 192— TUESDAY, OCTOBER 5, 1965 T able 1-3-N itro-4-Hydroxyphenylarsonic Acid in Complete Chicken and T urkey F eed—Con. 12672 (d) * * * T able 1—Bacitracin M ethylene Disaucylate in Complete Chicken and T urkey F eed Principal Grains per Combined with- Grams per Limitations Indications for use ingredient ton ton Principal Grams per Combined with— Grams per Limitations Indications for use ton ton ingredient 1.2 3-Nitro-4-hy- 46.4 3,5-Dinitrobenza- 227 For chickens; not to be Prevention of coccidio- droxyphenyl- (0.005%) m ide. (0.025%) fed to laying chick­ sis caused by E. * * ♦ - * *• * * * V * * * • * * * * * arsonic acid. + ens; withdraw 5 tenella, E. iMatrix, AcetyHp-nitro- 272 days before slaugh­ and E. acermlina; 2.2 * • * * * * * * * * * * * * * * * * * # » p he nyl)-sulfa­ (0.03%) ter; from feed addi­ growth promotion §121.262(c), table 1, nilamide. tive premixes con­ and feed efficiency; d. 2.1...... — Ö0-100 3-Nitro-4-hy- 22.7-45.4 For chickens; as pre- droxypbenyl- scribed in §121.202 item 1.1, - taining not more improving pigmenta­ arsonic acid. (c), table 1, item than 25 percent 3,5- tion. 1.1. dinitrobenzamide, * * * * ♦ * * * * * * * 30 percent acetyl- * * * .* * * (p-nitrophenyl)-sul- 3.2 * * * a. 3.1 ...... 50-100 3-Nitro-4-hy- 22.7-45.4 For turkeys; as pre- §121.262(c), table i , fanilamide, and 5 droxyphenyl- scribed in §121.262 item 2.1. percent 3-nitro-4- (c), table 1, item hydroxyphenylar- arsonic acid. sonic acid; as sole 2.1. * * # * * * * * * * * * source of organic * ♦ * arsenic. 6.2 * * * §121.262(c), table 1, 1.3 3-Nitro-4-hy- 22.7-45.4 Zoalene. 113.5 For broiler chickens: Prevention and control a. 5.1...... - 100 3-Nitro*4-hy- 22.7-45.4 For chickens; as pre- droxyphenvl- scribed in §121.262 item 1.1. droxypbenyl- (0.0025%- (0.0125%) withdraw 5 days be­ of coccidiosis; growth arsonic acid. (c), table 1, item arsonic acid. 0.005%) fore slaughter; as promotion and feed 1.1. sole source of organic efficiency; improwing arsenic. pigmentation. 1.4 3-Nitro-4-hy- 22.7-45.4 -do. 36.3-113.5 For replacement Development of active droxyphenyl- (0.0025%- chickens; in com-(0.004%- immunity to coccidi­ 7. Section 121.256(d) is amended by adding to table 1 new items 3.2b and 4.2a, as arsonic acid. 0.005%) 0.0125%) plete feed only; osis; growth promo­ follows: grower ration not to tion and feed effi- be fed to birds under ciency; improving REGULATIONS AND RULES § 121.256 Procaine penicillin. 5)4 weeks of age nor ' pigmentation. over 14 weeks of age; • * * * * • * withdraw 5 days be­ fore slaughter; as sole Cd) * * * source of organic T able 1—Procaine P enicillin in Complete Chicken and T urkey F eeds arsenic; as follows:

Principal Grams per Combined with— Grams per Limitations Indications for use Growing Conditions Starter ration Grower ration ingredient ton ton • ♦ * * * * * * * * * * Grams per ton . Grams per ton * * * * * * Severe exposure__ 113.5 75.4-113.5 3.2 * * * * * * * * * * * * * * * (0.0125%) (0.0083%- * * * * * * 0.0125%) b. 3.1...... 50-100 3-N itro-4-hydrox- 22.7-45.4 For chickens; as pro­ § 121.262(c), table 1, Light to moderate exposure...... 76.4-113.5 36.3-75.4 yphenylarsonic vided in § 121.262(c), item 1.1. (0.0083%- (0.004%- acid. table 1, item 1.1. * * * • * * ♦ * * * * * * * * 0.0125%) 0.0085%) 4.2 • * * a. 4.1...... 50-100 3-Nitro-4-hydrox- 22.7-45.4 For turkeys; as pre­ § 121.262(c), table 1, yphenylarsonic scribed in § 121.262 item 2.1. 22.7-45,4 Penicillin...... 2.4-50 As procaine penicillin. Growth promotion and (e), table 1, item feed efficiency. add. 22.7-46.4 ...... do...... 50-100 § 121.256, table 1, $ 121.256, table 1, 2.1. item 3.1. item 3.1. 22.7-45.4. Penicillin + 14.4-50 As procaine penicillin Growth promotion and streptomycin. and streptomycin feed efficiency. 8. Section 121.262(c) is amended by revising the table to read as follows: sulfate. 22.7-45.4 Chlortetracycline. 10-60 As Chlortetracycline Do. * § 121.262 3-Nitro-4-hydroxyphenylarsonic acid. hydrochloride. * * .* * * * * 22.7-46.4 ...... do...... 50-200 § 121.208, table 1, $ 121.208, table 1, items 2,6. items 2, 6. (c) * * * 22.7-46.4 Penicillin + 3.6-50 As procaine penicillin Growth promotion and bacitracin. plus bacitracin, feed efficiency. Table l —3-Nitro-4-Hydroxyphenylarsonic Acid in Complete Chicken and Turkey F eed bacitracin methyl­ ene disalicylate, Indications for use manganese bacitra­ Principal Grams per Combined with— Grams per Limitations cin, or zinc baci- ingredient ton ton tracin. g. U ...... 22.7-45.4 ...... do...... 50-100 §121.232, table 1, §121.232, table 1, Growth promotion and items 2.2,5.2; items 2.2,5.2; 1.1 3-Nitro-4-hy- 22.7-45.4 — ...... -----—— For chickens; with­ §121.233, table 1, §121.233, table 1, droxyphenyl* (0.0025%- draw 5 days before feed efficiency; im­ arsenic add. 0.005%) slaughter; as sole proving pigmenta­ items 2.2,5.2; items 2.2, 5.2; source (^organic tion. §121.252, table 1, §121.252, table 1, arsenic. items 2.2, 6.2. items 2.2, 5.2, m

FEDERAL REGISTER, VOL. 3 0 , N O . 1 9 2 — TUESDAY, OCTOBER 3 , 1 9 6 5 RULES ÄND REGULATIONS 12673 iT a b l b 1—3-Nitro-4-Hydroxyphenylarsonic Acid in Complete Chicken and T urkey F eed—Con. Dated: September 27, 1965. G eo. P. Larrick, Principal Grams per Combined with— Grams per Limitations Indications for Use ingredient ton ton Commissioner of Food and Drugs, [F.R. Doc. 65-10522; Filed, Oct. 4, 1965; 22.7-45.4 Bacitracin.___ _ 60-100 5121.232, table 1, 5121.232, table 1, 8:45 am .] h. 1.1. items 2.1,5.1; v- - items 2.1, 5.1; 5121.233, table 1, 5121.233, table 1, items 2.1, 5.1; items 2.1,5.1; 5121.252, table 1, 5121.252, table 1, items 2.1, 5.1. items 2.1, 5.1. 22.7-45.4- ...... d Gw--*.--——- 4-50 As bacitracin, baci­ Growt-h promotion Title 32— NATIONAL DEFENSE i. 1.1,1.3,1.4...... tracin methylene and feed efficiency. disalicylate, zinc Chapter I— Office o f the Secretary of bacitracin, or man- : gañese bacitracin. Defense 22.7-45.4 Oxytetracycline 60-200 5121.251, table 1, item §121.261, table 1, item j. 1.1- 6. SUBCHAPTER B— PERSONNEL; MILITARY AND 22.7- 45.4 Amprolium...... 36.3-227 5121.210, table 1,: §121.210, table 1, CIVILIAN k. 1.1. items 2.1,3.1. items 2,1, 3.1;- 2J 3-Nitro-4-hy- 22.7- 45.4 For turkeys; with- Growth promotion and droxjpbenyl- (0.0025%- draw 5 days before feed efficiency; im- - PART 43— PERSONAL COMMERCIAL arsonic acid. 0.005%) slaughter; as sdle proving pigmenta­ source of organic tion. AFFAIRS arsenic. The Deputy Secretary of Defense ap­ 2.2 3-Nitro-4- md 22.7-45.4 Zoalene...... 113.5-170.3 For turkeys grown tor Growth promotion and hydroxy* <0.0025%- (0.0125%- meat purposes only; feed efficiency; im- proved the following on September 29, phenylarsonie 0.005%) 0.018%) withdraw 5 days be­ proving pigmenta­ acid. fore slaughter; as tion; prevention and 1965: sole source of or­ control of coccidiosis. ganic arsenic. Sec. . 22.7-45.4 Penicillin__ ■___ 2.4-50 As procaine penicillin. Growth promotion and 43.1 Purpose. a. 2.1 feed efficiency. 43.2 Applicability and scope. b. 2.1. 22.7-45.4 50-100 5 121.256, table 1, 5 121.256, table 1 43.3 General policy. . item 4.1. item 4.1. 43.4 Supervision of solicitation. c. 2.1. 22.7-46.4 Penicillin + 14.4-50 As procaine penicillin Growth promotion and streptomycin. and streptomycin feed efficiency. 43.5 Advertisements appearing in unofficial sulfate. military publications sold and dis­ d. 2.1 22.7-45.4 , Chlortetracycline. 10-50 As chlortetracycline Do. tributed on Defense installations. hydrochloride. 43.6 Collection procedures, full disclosure, e. 2.1. 22.7-45.4 ...... do...... 50-200 5 121.208, table 1, 5 121.208, table 1> items 3,7. items 3, 7. and standards of fairness. f. 2.1 22.7-45.4 Penicillin + 3.6-60 Not less than 0.6 gm. Growth promotion and 43.7 Grounds for suspending the solicita­ bacitracin. of penicillin nor less feed efficiency. tion privilege. than 3.0 gm. of baci­ tracin; as procaine 43.8 Declaration of “off-limits.” penicillin plus baci­ 43.9 Suspensions and off-limits. tracin, bacitracin 43.10 Responsibilities. U':. methylene disali­ cylate, manganese 43.11 Implementation. bacitracin, or zinc bacitracin. Au t h o r it y ; The provisions of this part 43 g. 2.1. 22.7-45.4 50-100 5 121.256, table 1, § 121.256, table 1, issued under section 161, R.S., 5 U.S.C. 22. item 4.2. item 4.2. h. 2.1. 22.7-46.4 Bacitracin...... 4-50 As bacitracin, baci­ Growth promotion and § 43.1 Purpose. tracin methylene feed efficiency. disalicylate, manga­ The purpose of this part is to prescribe nese bacitracin, or zinc bacitracin. uniform Defense policy governing per­ i. 2.1. 22.7-45.4 ...... do...... 50-100 5 121.232, table 1, 5121.232, table 1, sonal commercial transactions and re­ item 3.1; 5 121.233, item 3.1; 5121.233, lated matters involving members of the table 1, item 3.1, - table 1, item 3.1;/* 5 121.252, table 1, £ : 5 121.252, table 1, ' Armed Forces; to safeguard and promote item 3.1. item 3.1. the welfare and interests of such per­ 3. 2.1- 22.7-45.4; Oxtetracydine___ 50-100 5121.251, table 1, 5121.251, table 1, : item 3. item 3. sonnel as consumers; and to observe the k. 2.1. 22.7-46.4 Amprolium_____ 113.6-227 5 121.210, table 1, 5121.210, table 1, - , .1 policies stated in the Message of the item 1.1. item 1.1. President to the Congress, February 5, 1964 (H.R. Doc. 220,88th Cong., 2d Sess.), (Sec. 409(c)(1), 72 Stat. 1786; 21 U.S.C. time within 30 days from the date of its “The American Consumer,” with special 348(c)(1)) " publication in the F ederal R egister file emphasis to be given to the serviceman § 144.26 [Amended] with the Hearing Clerk, Department of in his “* * * rights to safety * * * to B. Under the authority vested in the Health, Education, and Welfare, Room be informed * * * to choose (and) to Secretary of Health, Education, and 5440, 330 Independence Avenue SW., be heard * * Welfare by the Federal Food, Drug, and Washington, D.C., 20201, written objec­ §. 43.2 Applicability and scope. Cosmetic Act (sec. 507(c), 59 Stat. 463 tions thereto, preferably in quintuplicate. This part is applicable to members of as amended; 21 U.S.C. 357 (c)), and dele­ Objections shall show wherein the per­ the Armed Forces and to any partner­ gated to the Commissioner of Food and son filing will be adversely affected by ship, corporate, entity or individual, Drugs by the Secretary (21 CFR 2.90) , the order and specify with particularity either as principal or agent, electing to the Commissioner finds that animal feeds containing combinations of anti­ the provisions of the order deemed ob­ request and exercise the privilege, if biotic drugs and certain food additives jectionable and the grounds for the ob­ granted, of soliciting and selling goods, jections. If a hearing is requested, the services or commodities on Defense in­ need not comply with the requirements of stallations, including controlled housing sections 502(1) and 507 in order to in­ objections must state the issues for the hearing. A hearing will be granted if areas; and to anjr person or firm seeking sure their safety and efficacy when used assistance from the Department of De­ as prescribed in Part 121, Subpart C. the objections are supported by grounds fense (DoD) in thé collection of con­ Therefore, § 144.26 Animal feed contain­ legally sufficient to. justify thé relief tractual obligations of members of the ing certifiable antibiotic drugs is sought. Objections may be accompanied Armed Forces as provided by Service amended by inserting in the first sen­ by a memorandum or brief in support regulations. thereof. tence in paragraph (b) (45) after the § 43.3 General policy. words “arsanilic acid/’ the words “or Effective date. This order shall be ef­ 3-nitro-4-hydroxyphenylarsonic acid/?. (a) Doing business with mémbers of fective. on the date of its publication in the Armed Forces. The personal com­ 507(c) • 59 Stat. 463 as amended; 21 F ederal R egister. U-S.C. 357(c) ) the mercial affairs policies of the DoD for (Secs. 409(c)(1), 507(c), 59 Stat. 463 as members of the Armed Forces, ¿eject Any person who will be adversely af- amended, 72 Stat. 1786; 21 U.S.O. 348(c) (1) , th e “* * * legal doctrine, ‘Letthe buyer lected by the foregoing order may at any 357(c)) beware/ (and insists on, observance of)

Bo. 192— —8 FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12674 RULES AND REGULATIONS the doctrine, ‘Let the seller make full authorities (Federal, State, county, contractual obligations, particularly disclosure’ * * *” by those who would municipality, etc., as appropriate). those which the members believe to be elect to specialize in the privilege of (3) On U.S. bases in foreign coun­ unfair or illegal. doing business with the serviceman or tries compliance with the applicable § 43.4 Supervision of solicitation. his dependents as stated in the Message laws of the Host Power will be observed, of the President to the Congress, Febru­ except that if the agent and company (a) Prohibited solicitation practices ary 5, 1964 (HR. Doc. 220, 88th Cong., are from the United States, the minimum Include: 2d Sess.), “The American Consumer.” licensing or other regulatory require­ (1) The solicitation of recruits or (b) Solicitation privilege. The solici­ ments of the jurisdiction of origin must trainees and “mass” or “captive” audi­ tation or transaction of any private busi­ be met. ences. ness on any Defense installation is a (4) Extension of credit: (2) Practices involving rebates or elim­ privilege, the control of which is a re­ (i) The contractual practices of the ination of competition. • sponsibility vested in the installation agent or commercial enterprise must (3) The offering of remuneration or commander subject to compliance with provide for the full disclosure of credit gifts to facilitate transactions. this part. terms and that terms offered meet the (4) Retired or reserve military per­ (c) Limitation on exclusive franchises prescribed standards erf fairness (see sonnel using their official identification and concessions. No exclusive franchise §43.6), or that an offer of compromise cards to gain access to Defense installa­ or concession will be awarded to any meeting all the desired standards of fair­ tions for the purpose of conducting any commercial enterprise, vendor, organiza­ ness will be extended to the debtor at the form of solicitation. tion; company or agent, within the time of making any complaint through (5) Solicitation of transient personnel meaning of this part for the on-base military channels for nonpayment of or solicitation in areas utilized for proc­ solicitation and sale or servicing of in­ debt even though full disclosure had pre­ essing or housing transient personnel. surance, and all investment plans in­ viously been made. (6) Appointments for solicitation pur­ cluding, but not limited to, stocks, bonds, (ii) Exceptions: Agents, companies, poses while Defense personnel are in an mutual funds, etc., without the approval concessionaires including banks, and “on duty” status. of the Secretary of Defense. Similar credit unions approved for on-base so­ (7) The issuance of permanent instal­ limitations may also be extended to other licitation or operation shall be exempt lation passes to agents. commodities if found to be warranted. from this accreditation requirement un­ (8) Even though the appearance is in­ (d) On-base transactions a conven­ til ninety (90) days from the date of cidental, the use of commercial agents ience for the Defense member. (1) issuance of implementing Service regu­ (including loan or finance company Whenever feasible, personal commercial lations or the expiration of existing con­ agents, or trade association representa­ transactions on Defense installations are tracts whichever is later. (Subdivision tives) for the purpose of giving lectures permitted as a convenience for the De­ (i) of this subparagraph does not apply on personal commercial matters such as fense member desiring such service. to utility services, milk, laundry and re­ insurance, investments, consumer credit lated delivery services in which the ex­ or consumer financing, Government (2) Because enforcement of controls benefits or for separation counseling. Is an expense in terms of personnel and tension of credit is solely to facilitate the administration, in regulating (i) access service and not a substantial induce­ (9) Soliciting Defense members in bar­ to Defense installations and (ii) the ment for using the service.) racks Occupied as quarters. (f) Restrictive requirements. When (10) Procuring or attempting to pro­ quality of goods, services or commodities cure or the supplying of rosters or listings sold, authorization to solicit on Defense there is need to prescribe more restrictive installations will be restricted as deter­ requirements than may be contained in of Defense personnel. the implementing regulations of the Mili­ (b) Solicitation on installations will mined by the appropriate commander to be on an individual basis, preferably by services and commodities not reasonably tary Departments or designated compo­ nent commanders, such additional re­ appointment, in a specific location (s) available through installation appro­ and at designated hours. priated or nonappropriated facilities quirements or restrictions must first be (c) Before being permitted to solicit, (e.g., quartermaster sales service, ex­ reviewed and confirmed by the Military the agent will be required to examine a changes, etc.). Factors that should be Departments or designated component copy of the regulations governing solici­ considered in determining whether or commanders. tation and to indicate in writing that not the commodity or service is available (g) DoD endorsement prohibited. (1) he understands them and that, any vio­ through installation facilities are: The privilege of solicitation on Defense lation of the regulations could result in (a) Distance of installation from other installations is conditioned upon the the withdrawal of the privilege of solici­ Defense facilities offering similar mer- clear understanding that such permis­ tation for himself or his employer. ohdTidiss • sion does not constitute sponsorship or (b) The variety and quality of the endorsement of the commercial enter­ § 43.5 Advertisements appearing in un­ merchandise offered on the installation. prise, his agent (s) or the goods, services, official military publications sold and (c) The waiting period for purchases or commodities offered for sale. The distributed on Defense installations. ordered through installation facilities. DoD as a matter of continuing policy (a) Unofficial military publications (Le­ (e) Minimum requirements for ac­ abstains from sponsoring or endorsing aned. Unofficial military publications creditation to solicit, sell or extend credit. any seller or product. re defined for the purpose of tWs part (1) Accreditation shall be a condition (2) Any advertisement or sales cir­ s any unofficial publication specializing precedent to permitting on-base solicita­ cular letter which states that the goods, a military news and news of military tion and sales privileges and may be services, or commodities offered for sale tersonnel: ■ , granted by any command, Military De­ comply with the requirements, regula­ (1) Published primarily for sale or partment, or the Secretary of Defense, as tions or directive of the DoD or any com­ listribution to the Defense community, applicable, under the terms of this part ponent thereof will be deemed a prima .ctive or retired members of the Armed and other implementing DoD issuances facie attempt to convey the erroneous ■’orees and their families; or/ (see § 43.10(b) ). belief that the goods, services or com­ (2) Containing in the masthead or (2) In the United States, its Terri­modities have DoD endorsement. lame of the publication the name of tee tories and the Commonwealth of Puerto (h) Educational program. Military toned Forces or one or more of tee Rico, on-base solicitation by the agent Departments will continue aggressive ef­ ¡Military Services. of any commercial enterprise will only forts to promote understanding by mili­ (b) Advertising policies. (1) Because tary members of principles applicable to inofficial military publications: , be permitted after the agent and the (i) Are bought (many military units company he represents both present t>>p wise use of credit. Disinterested third party counselling should be avail­ lave subscriptions paid for out of - properly authenticated documentary evi­ ¡horized funds) » sold, delivered, and dence of possessing necessary licenses in able, interviewing hours set aside, and tiie Jurisdiction (s) in which the installa­ facilities supplied. Legal assistance pro­ »(base^ontain 0ffers to sell which are tion (s) is located or have otherwise met grams will continue to encourage mili­ >ften accepted and paid for on base, all requirements of the civil regulatory tary members to seek counsel concerning

FEDERAL REGISTER, V O L 30, NO. 192— TUESDAY, OCTOBER 5, 1965 RULES AND REGULATIONS 12675 (iii) Are read by the young service­of this section and return his complaint cient reasons, such as, but not limited man, often inexperienced and underage with Appendix A, B, or C hereto properly to: who, in making his first purchases away executed after which such correspond­ (1) Violation of law or regulatory from home without parental guidance is ence will be processed. Such require­ orders of Federal, State, local agencies, susceptible td believing, erroneously, that ments do not extend to claims of ac­ DoD Directives, instructions or Service the advertisers enjoy at least the implied commodation endorsers, co-makers or regulations. endorsement of the DoD because of the lenders against the party primarily liable (2) Failure to continue requirements permitted use of a military name as cited on obligations which were not intended for accreditation as prescribed in § 43.3 above or circulation and display on base. to benefit the accommodating party (è). (2) The DoD expects that commercialthrough payment of interest or other­ (3) Substantiated adverse complaints enterprises soliciting military personnel wise; or on claims related to charges for or reports from— through advertisements appearing in un­ utility services; support of dependents; (i) Federal or state regulatory agen­ official military publications will volun­ or contracts for the purchase, sale or cies or commissions or other statutory tarily observe, or will be required by the occupancy of real estate. However, liens authorities having enforcement, licens­ publisher to observe, the highest probity on real property and related note obli­ ing, or regulatory powers. in describing goods, services or commod­ gations which are other than purchase (iij> Consultants retained by the DoD ities and the terms of sale (including money liens or liens for repairs or im­ and recognized financial, investment, in­ guarantees, warranties, etc.). If credit provements to the'subject property are surance or consumer advisory services. terms are offered in such advertisements included in these requirements. (iii) Members of Congress. a statement of the total cash price as (c) Full disclosure—truth-in-lending. (iv) Chambers of Commerce, better well as the total credit price which should Full disclosure is intended to insure business bureaus, consumers’ organiza­ include all charges, should be in the ad­ truth-in-lending practices and shall re­ tions. vertisements, but this sentence shall not quire execution of Appendix A, B, or C (v) Professional, business and trade apply to advertisements relating to the hereto as appropriate, prior to signing associations. purchase or sale of dwellings or land. of the contractual obligation or the de­ (vi) Defense personnel (with particu­ posit of money or property which will be lar weight to be given to verified reports § 43.6 Collection procedures, full dis­ subject to forfeiture if the written con­ of transactions involving youthful per­ closure, and standards of fairness. tractual obligation is not signed. sonnel in the lower pay grades involv­ (a) Members of the Armed Forces are (d) Standards of fairness. A con­ ing unethical or sharp, if not illegal, expected to discharge their private in­ tractual obligation shall be considered practices). debtedness and financial obligations in fair by the DoD if it is in a form in com­ (4) Prompt action will be taken upon an honorable manner. The DoD is with­ mon use by reputable firms in the par­ receipt of any substantiated adverse out legal authority directly to require a ticular trade or business and if all of the complaints or reports from any of the member to pay a private debt; or to limitations contained in Part n of Ap­ above sources or when DoD personnel divert any part of his pay in satisfaction pendix A, B, or C hereto, as appropriate, discover any of the following irregu­ thereof, even though the indebtedness are applicable to the contract in its larities: may have been reduced to a judgment original form or by virtue of the credi­ (i) The use of any manipulative, de­ of a civil court. The enforcement of the tors later execution of Part IV. b of such ceptive, or fraudulent device, scheme, or private obligations of persons in the Appendix. artifice, including misleading advertis­ Military Services is a matter for civil (e) Waiver of requirement. Any ing or other misleading sales literature. authorities. commander or higher authority receiv­ (ii) The solicitation (by mail or other­ (b) Collection procedures: ing a valid complaint against a military wise) offering purchases, investments, (1) The Armed Forces are not collec member for nonpayment of an obliga­ loans, insurance, etc., when such com­ tion agencies for private Indebtednes tion may, at his discretion, waive the munications or presentations are com­ (see paragraph (a) of this section), how collection procedure requirements pre­ posed, enveloped, or delivered in any ever, creditors or persons extendin scribed herein if the complaint: manner which gives rise to any appear­ credit to members of the Armed Force (1) Involves a total unpaid claim of ance that the offer is sponsored or has under conditions which meet either th $50 or less, or the endorsement of the DoD or any ele­ full disclosure oi; the standards of fair (2) Is not predicated upon an install­ ment thereof, or that the offeror may ness criteria (defined in paragraphs (c ment note or contract, or possibly be a Federal quasi-governmental and (d) of this section) and judgmen (3) Is predicated on an open or re­ agency. creditors of judgments based on persona volving charge account even though such (iii) Improper deportment by agents service of process on the debtor withh an account involved an installment con­ or representatives while soliciting De­ the jurisdiction of the court, and show tract. fense personnel including the offering for mg compliance with the Soldiers’ an< sale of any thing which fails to meet the safiors’ Civil Relief Act, shall be enti Any waiver so granted may be revoked requirements of this part, implementing tied in event of default to acceptance by the military member’s immediate instructions, or Service regulations. tne Armed Forces of their letters an< commanding officer or higher authority (iv) The possession of allo tm en t appropriate referral of their letters ii if it is subsequently determined that fair forms by agents. : ttary channels under governing Serv­ treatment of the debtor would be facili­ ice regulations. tated by the creditor’s compliance with § 43.8 Declaration of “off-limits”. of indebtedness addressee the requirements of this part. (a) In addition to suspension of any headquarters which do no: § 43.7 'Grounds for suspending the solic­ on-base solicitation or accreditation cj.Qri j either the full disclosure or th< itation privilege. privileges, within the scope of this part, are °i fairness requirements ant commercial businesses, creditors, lenders, (a) Without prejudice. Solicitation agents* or persons who are found to be ¿ n i c e ^ ? ent,S bas®d on Persona w itw " X L be rfiurned to the sendei on-base, a privilege as distinguished from in violation of the terms of this part or that the ottler than informatior a right, is subject to the reasoned grant­ implementing instructions and Service b^ob?aiiSi!itKry member’s address ma5 ing or withholding of the privilege or cir­ regulations, or that have otherwise vic­ service rifS by w,ritine * the locatoi cumstances may warrant. Suspension timized members of the Armed Forces, ment and eLi0^ ^ Military Depart- without prejudice may be ordered due to may be declared off-limits to all members thnt enclosing its required fee oi conflict with the primary military mis­ of the Armed Forces. eie^A pS nS f “? y in the alternative sion, in the interests of the national (b) Off-limits findings may be reached appropriating i ’ B’ °r C hereto as security, or invoked temporarily when at the local or area level by appropriate will com nrL f ^ tmg that the creditor classified operations are in progress. Armed Forces Disciplinary Control Board tions S S aS S f thf claim under limita- (b) For cause. The suspension of the procedures in accordance with Joint Reg­ iS e s s y ^ ^ 01 0,8 ^hdards of on-base solicitation privilege for cause ulations, “Armed Forces Disciplinary Provided for in paragraph (d) Control Boards” CAR 15-3, DSAR 5725.1 shall only be invoked for good and suffi­ BUPERSINST 1620.4, AFR 125-11, MCO

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12676 RULES ANO REGULATIONS 1620.1, COMDTINST 1620.1), March 12, the suspension action or the off-limits (3) Consolidate the administration of 1965, and extended beyond their juris­ order be extended throughout the DoD. this part and procedures governing the diction throughout the DoD under the The Secretary of Defense, after a sim­ granting, retention, and suspension of procedures prescribed In § 43.9. ilar review of the record may concur in accréditation privileges for commercial the recommendation of the Military enterprises and agents throughout the § 43.9 Suspensions and off-limits. Secretary and order the suspension ac­ unified command. (a) Definitions: tion or the off-limits order extended (b) Under the direction, authority and (1) “Suspension” means the termina­throughout the DoD. The Secretary of control of the Secretary of Defense, the tion or withholding of the privileges of Defense may also take such action with­ Assistant Secretary of Defense (Man­ any one or all of the following as may be out the recommendation of a Military power) (ASD (M) ) shall have the re­ decided appropriate: Secretary after review of the record and sponsibility for the administration of this (1) On-base solicitation and sale. recommendations of a Board. Such part to include the issuance of appro­ (ii) DoD accreditation of the commer­ Board will be required to follow pro­ priate DoD Instructions governing per­ cial enterprise, vendor, organization, cedures prescribed or similar to the sonal commercial affairs including the company, or agent. Armed Forces Disciplinary Control solicitation and sale of goods, services, (2) “Off-limits” establishments or Board. or commodities on Defense installations areas are designated by those command­ (e) Termination of suspension actionsincluding controlled housing areas (i.e., ers or officials announced in this part or or off-limits orders. -Only the highest insurance, mutual funds shares and in­ the Joint Service Regulation (see Joint authority ordering a suspension action or an off-limits order can terminate such vestment securities companies, clear­ Regulations, "Armed Forces Disciplinary ance and accreditation of agents and Control Boards” (AR 15-3, DSAR 5725.1, action or order. BUPERSINST 1620.4, AFR 125-11, MCO businesses qualifying for solicitation on 1620.1, COMDTINST 1620.1) March 12, § 43.10 Responsibilities. United States installations in foreign 1965), to assist in maintaining discipline (a) Due to the necessity of maintain­countries, etc.). and safeguarding the health, morals, and ing consistent and uniform policies on § 43.11 Implementation. welfare of military personnel. which the business community can rely (b) Application of regulatory issu­ throughout the DoD overseas areas, uni­ Within sixty (60) days from the date ances: fied command commanders beyond the of publication of this part in the F ederal (1) Below Military Department level, contiguous 48 States will designate a R egister the Secretaries of the Military in off-limit actions the provisions of the component headquarters to: Departments shall submit to the ASD Joint Regulations, “Armed Forces Dis­ (1) Administer and insure the uni­ (M) for approval their proposed imple­ ciplinary Control Boards” (AR 15-3, form application and enforcement of the menting regulations. DSAR 5725.1, BUPERSINST 1620.4, provisions of this part and applicable AFR 125-11 MCO 1620.1, COMDTINST supplemental DoD Instructions as im­ Effective date. This part shall be ef­ 1620.1) , March 12, 1965, apply. plemented by the appropriate Military fective 30 days after the date of publica­ (2) The provisions of this part gov­ Departmental regulations. tion in the F ederal R egister. (2) Issue one controlling regulation ern in suspensions or off-limits actions M aurice W. R oche, reviewed or taken at Military Depart­ for the Unified Command area suitably ment or Office of the Secretary of De­ composed for dual distribution to the Director, Correspondence and fense levels, but records and actions command and to businesses requesting Directives Division, OASD taken under Joint Regulations, “Armed such guidance. (Administration). Forces Disciplinary Control Boards” (AR Appendix A 15-3, DSAR 5725.1, BUPERSINST 1620.4, To be used by: AFR 125-11, MCO 1620.1, COMDTINST 1. Sellers financing their own sales. 1620.1) , March 12, 1965, will be reviewed 2. Tending institutions having any financial ties with, or right of recourse against the in off-limits actions originated by mili­ seller of the service or goods to which the contract relates. tary commanders. PAST i C3) A Military Secretary or the Secre­ 1. Description of property or service acquired or to be acquired: tary of Defense may request an Armed 2. Seller's name and address: , - Forces Disciplinary Control Board to 3. Name and address of creditor to whom the note or obligation is or will be payable u make recommendations on substantiated other than the seller: . - , ¥ adverse reports which may come to their 4. Does the creditor have any financial ties with the seller or any right of recourse against attention directly or from other than the seller in event of default on the obligation------military sources. (yes) (no) (c) Commanders may order suspen­ 5. (a) Quoted cash price of goods or services $------sions under § 43.7, but when such sus­ (b) Less discount customarily allowed cash purchases $------pension occurs for cause (§ 43.7(b)) the (c) Net cash price of goods or services (a minus b) $------reason therefore will be included in (d) Add ancillary charges, such as taxes and auto license fees, from which the seller or creditor receives no benefit and which are not related to the prompt notifications to the party or par­ extension of credit, if insurance premiums are included here, exclude ties; agent(s)all appropriate regula­ any commission or fee earned on the insurance by the sell«, creditor, tory or enforcement officials including or any insurer in which seller or creditor have a financial interest. those in state of domicile and license; Itemize ancillary charges: and the cognizant Military Department, ______3------including a recommendation as to ______— $—------whether the suspension should be ex­ ______$------tended throughout the Department. In Total ancillary charges: $------*—------off-limits actions arising under Joint (e) Cash deUvered price (c plus d) *------* Regulations, “Armed Forces Disciplinary (f) Less trade-in allowance *—“ ~ Control Boards” (AR 15—3, DSAR 5725.1, (g) Net cash to be financed (e minus f) *------BUPERSINST 1620.4, AFR 125-11, MCO (h) Add finance charges, include here all charges including commissions 1620.1, COMDTINST 1620.1) , March 12, -which inure to the benefit of the seller or creditor or entities in which 1965, major commanders may make ap­ either have a financial interest and all other charges which would not propriate recommendations to the cog­ be made if this were a cash purchase : nizant Military Secretary for extending Charge for Amount such actions throughout the DoD. (d) The Secretary of a Military De­ partment, with or without the recom­ mendation of a subordinate command Total finance charges may, after review of the record, recom­ mend to the Secretary of Defense that (i) Total time price (g plus h) FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 PA R T I I ----STANDARDS OF FAIRNESS to my signing this form and prior to my signing the contractual obligation or depositing The Items set forth In Column I are limitations which the Department of Defense money or property with the seller which would have been subject to forfeiture had I failed considers desirable to insure fairness in contracts of this type obligating military members to sign a contractual obligation. for the payment of money. Column II signifies the creditors willingness, or lack thereof, to have such limitations apply to the subject contract. These limitations do not extend Date and. Hour Debtor any provision of the contract. part rv Column n (a) (If executed prior to extension of credit use this section) I certify that each blank Complete by filling in in part i was completed or marked not applicable and each blank in part n was completed Column I “shall apply” or “shall with the words “shall apply” or “shall not apply” and part m of the form was signed by the Provisions Desirable to Insure Fairness not apply” debtor prior to the time the debtor incurred the contractual obligation to which this form 1. No finance charge made shall be in excess of the charge which T. ______relates and prior to the time he deposited any money or property which would have been could be made under the law of the place in which this contract subject to forfeiture had he failed to execute the contractual obligation. Charges reported is signed by the serviceman. in part i and the limitations of part n which are marked “shall apply” serve to limit any 2. No claim shall be made for an attorney’s fee unless suit is 2. greater charges or less favorable provisions stated in the contract. filed and decided in favor of the creditor in which event such fee shall not exceed 10% of the obligation found due. Seller or Creditor 3. No deficiency shall be claimed if the security for the debt is 3. (b) (If completed after extension of credit complete this section) Execution of this repossessed and sold for an amount less than the'balance due section shall constitute an offer to compromise, pursuant to which all of the limitations of on the contract. part n shall apply to the contractual obligation reported in part i including all payments 4. Defenses which the debtor may have against the original lender 4. heretofore made by the debtor on such contractual obligation, the date and amount of each or against the seller of the goods or any agent of either «bail such payment, balance due on the contract and balance currently due without acceleration be good against any subsequent holder of the obligation. being calculated subject to the limitations of the compromise and set forth below. This 5. The debtor shall have the right to remove any security for the 5. compromise offer may be revoked by written notice to the debtor prior to the time the debtor

obligation beyond state or national boundaries if he or his has made payments under the compromise in excess of l/10th of the amount set forth below REGULATIONS AND RULES family moves beyond such boundaries and notifies the creditor as currently due and owing without acceleration. Thereafter this offer may only be revoked of the new address where the security is located and removal if the debtor is discharged from the service under conditions other than honorable for reasons of the security shall not accelerate payment of the obligation. related to his failure to pay his just obligations. If revoked any payments under the com­ 6. No late charge in excess of 5% of the late payment shall be 6. promise shall be treated as payments on the principal contract and this compromise offer made. shall be of no effect whatever. 7. There shall be no penalty for prepayment and in the event of 7. prepayment that portion of the finance charges which have in- Seller or Creditor / ured to the benefit of the seller or creditor shall be prorated on Payments on contract received prior to execution of this compromise: the basis of the charges which would have been ratably pay­ Amount o f . able had finance charges been calculated and payable as equal Date of payment Payment periodic payments over the term of the contract and only the Balance due on contract computed under limitations of the compromise: $------— prorated amount to the date of prepayment shall be due. Balance currently due and owing without acceleration computed under the $------• 8. This contract may be terminated at any time prior to de- 8. limitations of the compromise: livery to the debtor of the goods or services which were con1 Accredited agents and companies Instruction: Agents and companies that have applied for sidération for the contract. However, if goods of special and received accreditation for on-base solicitation as a condition of accreditation are manufacture or made to size to meet specifications of the pur­ required to complete section b of part iv prior to processing of a complaint through chaser, are the subject of this contract then the contract may military channels even though such agent or company had previously completed section a be terminated only if such goods are not delivered to the debtor of part rv. within 30 days after the daté of the contract. If this contract Appendix B provides for the delivery of goods or services at future Intervals of time then termination shall apply with regard to undelivered To be used by: goods or services and the debtor shall pay no greater part of 1. Lending institutions having no financial ties with, or right of recourse against the seller the total contract price than the fraction which goods or serv­ of the service or goods to which the contract relates. ices delivered to the time of termination bears to total goods or 2. Lending institutions on an obligation secured by property which the debtor has owned services called for by contract. and possessed for less than 60 days prior to the loan. 9. No charge shall be made as a part of the cash delivered price; 9. PART i or finance charges for an Insurance premium unless satisfactory evidence of a policy reflecting such coverage is delivered to the 1. Description of property or service acquired or to be acquired: debtor within 15 days after the contract is signed. 2. Seller’s name and address: 3. Name and address of creditor to whom the note or obllgatipn is or will be payable if part m other than the seller: I certify that I fully examined parts i and n of this form and that each blank in part i 4. Does the creditor have any financial ties with the seller or any right of recourse against was completed or marked “N/A”, if not applicable, and that part n was completed by the seller in event of default on the obligation______marking each blank “shall apply” or “shall not apply,” both parts being completed prior (Yes) (No) 12677

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12678 12678 5. (a) Quoted cash price of goods or services $■ 7. No charge shall be made as a part of the cash delivered price or 7 . ------(b) Less discount customarily allowed cash purchases $. finance charges for an insurance premium unless satisfactory (c) Net cash price of goods or services (a minus b) $. evidence of a policy reflecting such coverage is delivered to the (d) Add ancillary charges, such as taxes and auto license fees, from which debtor within 15 days after the contract is signed. the seller or creditor receives no benefit and which are not related to past nr the extension of credit. If insurance premiums are included here, ex­ clude any commission or fee earned oh the insurance by the seller, I certify that I fully examined pabts i and n of this form and that each blank in part i creditor or any insurer in which seller or creditor have a financial was completed or marked “N/A”, if not applicable, and that part n was completed by interest. Itemize ancillary charges: mariHng each blank “shall apply” or “shall not apply”, both parts being completed prior ______$------to my signing this form and prior to my Bigning the contractual obligation or depositing ______...... ______. . . $— ------money or property with the seller which would have been subject to forfeiture had I failed ______*______»4*...... — ------to sign a contractual obligation. Total ancillary charges: $— ------$■ (e) Cash delivered price (c plus d) $- Date and Hour Debtor (f) Less trade-in allowance p a r t r v (g) Net cash price to be financed (e minus f) $ (a) (If executed prior to extension of credit use this section) I certify that each blank (h) Add finance charges, include here all charges including commissions $. in part i was completed or marked not applicable and each blank in part n was completed which inure to the benefit of the seller or creditor or entities in which with the words “shall apply" or “shall not apply” and part m of the form was signed by either have a financial Interest and all other charges which would not be the debtor prior to the time the debtor incurred the contractual obligation to which this made if this were a cash purchase: form relates and prior to the time he deposited any money or property which would have Charge for Amount been subject to forfeiture had he failed to execute the contractual obligation. Charges reported in part t and the limitations of part n which are marked “shall apply” serve to ____±____.______$------______.....____ ...... ---- ...... $------limit any greater charges or less favorable provisions stated in the contract.

Seller or Creditor REGULATIONS AND RULES Total finance charges $. (b) (If completed after extension of credit complete this section) execution of this (1) Total time price (g plus h) section gfrnu constitute an offer to compromise, pursuant to which all of the limitations of fart n apply to the contractual obligation reported in part i including all payments PART XI— STANDARDS OP FAIRNESS heretofore made by the debtor on such contractual obligation, the date and amount of The items set forth in Column I are limitations which the Department of Defense considers each such payment, balance due on the contract and balance currently due without accelera­ desirable to insure fairness in contracts of this type obligating military members for the tion being calculated subject to the limitations of the compromise and set forth below. payment of money. Column II signifies the creditors willingness, or lack thereof, to have This compromise offer may be revoked by written notice to the debtor prior to the time the such limitations apply to the subject contract. These limitations do not extend any pro­ debtor has payments under the compromise in excess of l/10th of the amount set vision of the contract. forth below as currently due and owing without acceleration. Thereafter this offer may Column II only be revoked if the debtor is discharged from the service under conditions other than Complete by filling in honorable for reasons related to his failure to pay his just obligations. If revoked any Column I “shall apply” or “shall payments under the compromise shall be treated as payments on the principal contract Provisions Desirable to Insure Fairness not apply” n.T>rt t-Ma compromise offer shall be of no effect whatever. 1. No finance charge made shall be in excess of the charge which 1. could be made under the law of the place in which this contract Seller or Creditor is signed by the serviceman. Payments on contract received prior to execution of this compromise : 2. No claim shall be made for an attorney’s fee unless suit is filed 2. Amount of and decided in favor of the creditor in which event such fee Date of Payment Payment shall not exceed 10% of the obligation found due. Balance due on contract computed under limitations of the compromise: $------3. No deficiency shall be claimed if the security for the debt Is 3. Balance currently due and owing without acceleration computed under the $—.------. repossessed and sold for an amount less than the balance due limitations of the compromise: on the contract. Accredited agents and companies Instruction: Agents and companies that have applied for 4. The debtor shall have the right to remove any security for the 4. ntirf received accreditation for on-base solicitation as a condition of accreditation are obligation beyond state or national .boundaries if he or his required to complete section b of part iv prior to processing of a complaint through family moves beyond such boundaries and notifies the creditor military channels even though such agent or company had previously completed section of the new address where the security is located and removal of a o f FART IV. the security shall not accelerate payment of the obligation. Appendix 0 5. No late charge in excess of 5% of the late payment shall be 5. To be used by: made. Lenders making: (I) unsecured loans not intended for the purchase of goods or services, 6. There shall be no penalty for prepayment and in the event of 6. or (2) loans secured by property which the borrower has owned and possessed for more than prepayment that portion of the finance charges which have in­ 60 days, and which was not purchased from a seller having any financial interest in the ured to the benefit of the seller or creditor shall be prorated on lender or vice versa, or (3) any loan secured by a lien on real property. the basis of the charges which would have been ratably payable had finance charges been calculated and payable as equal peri­ part f odic payments over the term of the contract and only the pro­ 1. Date of loan: rated amount to the date of prepayment shall be due. 2. Lender's name and address:

FEDERAL REGISTER, VOL. 3 0 , N O . 1 9 2 — TUESDAY, OCTOBER 5 , 1 9 6 5 3. Borrower’s name and address: 6. No charge shall be made as a part of the cash delivered price or 6 . ______—___ 4. Purpose of loan: finance charges for an insurance premium unless satisfactory 5. Security for the loan : evidence of a policy reflecting such coverage is delivered to the 6. (a) Total amount to be repaid, Including interest, If this loan is paid $. debtor within 15 days after the contract is signed. according to Its terms. (b) Charges which will be made against the debtor If loan is repaid part in according to Its terms are: (Itemize) I certify that I fully examined parts i and n of this form and that each blank in part i was Charge Amount completed or marked “N/A", if not applicable, and that part n was completed by marking each blank “shall apply” or “shall not apply”, both parts being completed prior to my signing this form and prior to my signing the contractual obligation or depositing money or property with the seller which would have been subject to forfeiture had I failed to Total charges (cost of loan) sign a contractual obligation. ' ’ i ~ / Net proceeds of loan (c) Deductions from net proceeds to be applied to payoff of other obli- Date and Hour Debtor gations: Item Amount PART IV (a), (If executed prior to extension of credit use this section) I certify that each blank in part i was completed or marked not applicable and each blank in part n was completed with the words “shall apply” or “shall not apply” and part m of the form was signed by the Total deductions other than charges $______« debtor prior to the time the debtor incurred the contractual obligation to which this form relates and prior to the time he deposited any money or property which would have been sub­ (d) Net proceeds to borrower $______$_ ject to forfeiture had he failed to execute the contractual obligation. Charges reported in PAST n —STANDARDS OP FAIRNESS part i and the limitations of part n which are marked “shall apply” serve to limit any greater charges or less favorable provisions stated in the contract. The items set forth In Column I are limitations which the Department of Defense con­ REGULATIONS AND RULES siders desirable to insure fairness in contracts of this type obligating military members for Creditor the payment of money. Coluihn II signifies the creditors willingness, or lack thereof, to (b) (If completed after extension of credit complete this section) Execution of this have such limitations apply to the subject contract. These limitations do not extend any section shall constitute an offer to compromise, pursuant to which all of the limitations of provision of the contract. part n shall apply to the contractual obligation reported in part i including all payments Column n heretofore made by the debtor on such contractual obligation, the date and amount’ of each Complete by filling in such payment, balance due on thé contract and balance currently due without acceleration Column I “shall apply" or “shall being calculated subject to the limitations of the compromise and set forth below. This com­ Provisions Desirable to Insure Fairness not apply” promise offer may be revoked by written notice to the debtor prior to the time the debtor 1. No finance charge made shall be in excess of the charge which i. has made payments under the compromise in excess of l/10th of the amount set forth below could be made under the law of the place in which this contract as currently due and owing without, acceleration. Thereafter this offer may only be revoked is signed by the serviceman. if the debtor is discharged from the service under conditions other than honorable for 2. No claim shall be made for an attorney’s fee unless suit is filed 2. reasons related to his failure to pay his just obligations. If revoked, any payments under and decided in favor of the creditor in which event such fee the compromise shall be treated as payments on the principal contract and this compromise shall not exceed 10% of the obligation found due. offesr shall be of no effect whatever. 3. The debtor shall have the right to remove any personal property 3. which is security for the obligation beyond state or national Creditor boundaries if he or his family moves beyond such boundaries Payments on contract received prior to execution of this compromise: and notifies the creditor of the new address where the security is Amount of located and removal of the security shall not accelerate pay­ Date of Payment Payment ment of the obligation. Balance due on contract computed under limitations of the compromise: $______4. No late charge in excess of 5% of the late payment shall be made. Balance currently due and owing without acceleration computed under the $______5. There shall be no penalty for prepayment and in the event limitations of the compromise: ■ of prepayment that portion of the finance charges which have Accredited agents and companies instruction: Agents and companies that have applied for inured to the benefit of the seller or creditor shall be prorated and received accreditation for on-base solicitation as a condition of accreditation are on the basis of the charges which would have been ratably pay­ required to complete section b of part iv prior to processing of a complaint through able had finance charges been calculated and payable as equal military channels even though such agent or company had previously completed section a periodic payments over the term of the contract and only the of PART IV. prorated amount to the date of prepayment shall be due. [F.R. Doc. 65-10546; Filed, Oct. 4,1965; 8:46 am .] 12679

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12680 RULES AND REGULATIONS August 31, 1965, to provide for settle­ Title 19— CUSTOMS DUTIES Title 45— PUBLIC WELFARE ment of accounts between United States Chapter VIII— United States Civil and Canadian counterpart pilotage pools Chapter I— Bureau of Customs, Service Commission on a net balance of payment basis in Department of the Treasury order to expedite interpool payments, PART 801— VOTING RIGHTS prevent temporary depletion of working [T.D. 56493] PROGRAM capital each month, and minimize the cost of conversion of United States and PART 1— c u s t o m s d is t r ic t s , Appendix A; Addition of Montgomery Canadian funds now flowing monthly PORTS, AND STATIONS County, Ala. between the counterpart pools. Boston Port of Entry Appendix A is amended under the Interassociation Settlements heading “Dates, Times, and Places for September 27, 1965. Filing,” by an addition under the sub­ 10. G eneral There is a current trend for truck car­ heading “Alabama” as set out below. A. Section 10.1 is amended to read as riers and others concerned with the Alabama follows: movement and receipt of customs bonded 1. Under the memorandum of ar­ merchandise to relocate their facilities County; Place for Filing; Beginning Date rangements between the Secretary of in suburban areas away from large cities. * * * * * Commerce of the United States and the This is done to avoid traffic congestion Montgomery; Montgomery—Post Office Minister of Transport of Canada it was and the resulting time losses in shipment. and Courthouse Building, corner of Church, agreed that settlement of accounts be­ At the port of Boston this movement Lee and Moulton Streets, Rooms 832, 334, tween United States pools, and Canadian has extended to many surrounding towns 336; October 6,1965. pools will be effected on an interim basis outside the port limits. In order to pro­ (Secs. 7, 9, Voting Rights Act of 1965; Public as of the end of each month with an vide for the increasing need of customs Law 89-110) annual settlement as of December 31 of service in these locations, it is desirable United States Civil Serv­ each year. Payments on account will be to extend the Boston port limits. ice Commission, made by the 15 th of the following month Accordingly, by virtue of the authority [seal] Mary V. Wenzel, on a net balance basis. vested in the President by section 1 of Executive Assistant to B. Section 10.2 is amended to add a the Act of August 1, 1914, 38 Stat. 623 the Commissioners. new subsection (b). (19 U.S.C. 2), which was delegated to [F.R. Doc. 65-10682; Filed, Oct. 4, 1965; 10.2 * * * the Secretary of the Treasury by the 11:11 a.m.] (b) The pilotage pool having the President in Executive Order No. 10289, larger amount of cash available for dis­ September 17,1951 (3 CFR, Ch. 33), and tribution will make payment of such ex* pursuant to authorization given to me by Title 46— SHIPPING cess to the United States or Canadian Treasury Department Order No. 190, Rev. counterpart pool on the basis of jthe cur­ 2 (28 P.R. 11570), the geographical limits Chapter III— Great Lakes Pilotage Ad­ rency of the nationality of the paying of the customs port of entry of Boston, ministration, Department of Com­ pilotage pool. The following statement Mass., in Customs Collection District No. merce will be submitted by the United States 4 (Massachusetts), which presently in­ associations making net balance pay­ clude Boston, Braintree, Cambridge, PART 402— GREAT LAKES PILOTAGE ments. RULES AND ORDERS Chelsea, Everett, Hingham, Medford, Amount available for distribution— $------Quincy, Somerville, Weymouth, and Subpart C— Establishment of Pools Less applied cred it_____ @ ------waters adjacent thereto, are extended to by Voluntary Associations of (amount) (rate) Remaining balance ------include the following cities and towns in United States Registered Pilots the State of Massachusetts: Arlington, United States Associations making net Belmont, Brookline, Canton, Cohasset, W orking Rules balance payment will make the following Dedham, Hull, Lexington, Malden, Mel­ Section 402.320(a)(2) is amended to accounting entry: rose, Milton, Needham, Newton, Nor­ read as follows: wood, Randolph, Revere, Saugus, Seitu- § 402.320 Working rales. Account Description, of account Debit • Credit ate, Stoneham, Wakefield, Waltham, No. Watertown, Wellesley, Westwood, Win­ (a) * * * chester, Winthrop, Woburn, and the (2) The joint (interpool) working 2050 Accounts payable rules for United States and Canadian other associations. waters adjacent thereto. 1250 Accounts receivable Section 1.1(c) of the customs Regula­ Districts No. 1 and No. 2 adopted by the other associations. St. Lawrence Seaway Pilots Association, 1010 tions is amended by deleting all after the Cape Vincent, N.Y.; Lakes Pilots Asso­ \ word “* Boston” in the listing under ciation, Inc., Port Huron, Mich.; and the “Ports of'Entry” in District No. 4 (Mas­ To record settlement of account with Supervising Pilot, Department of Trans­ Canadian pool for month ended ------sachusetts) and substituting “(includ­ port, Port Weller, Ontario, Canada, ap­ (month) ing territory and waters adjacent thereto proved as of September 15,1965. described in T.D. 56493).“ * * * * * (day) (year) (R.S. 161, as amended, sec. 1, 37 Stat. 434, A. T. M eschter, United States Associations receiving sec. 1, 38 Stat. 623, as amended, R.S. 251, Administrator. net balance payment will make the fol­ sec. 624, 46 Stat. 759; 5 U.S.C. 22, 19 U.S.C. 1, [F.R. Doc. 65—10568; Filed, Oct. 4, 1965; lowing accounting entry: 2, 66,1624) 8:48 a.m.] This Treasury decision shall become Account Description of account Debit Credit No. effective 30 days after publication in the PART 403— GREAT LAKES PILOTAGE F ederal R egister. UNIFORM ACCOUNTING SYSTEM 2050 Accounts payable [seal] T rue Davis, Inter-Associafion Settlements Assistant Secretary of the Treasury. 1250 Accounts receivable other associations— fr r----- [PJt. Doc. 65-10556; Filed, Oct. 4, 1965; Section 10 General, is amended effec­ 8:47 aon.] tive interim settlement period ending

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5 , 1965 RULES AND REGULATIONS 12681

To record receipt of settlement from terminal operators who had historically argue that Federal Maritime Commission C anadian pool for month ended------used a particular term to describe a regulation would result in duplicity of (month.) service. tariff filing and regulation which would The proposed rulés as revised on June not be in the public interest. Nothing ~ (day) (year) 10,1965, were designed to eliminate these in these rules requires the filing of rates Effective August 31, 1965. objections. The only significant objec­ in connection with terminal services in­ tions in the last round of commenta are cluded in the line haul rates of railroads. A. T. M eschter, that the Commission lacks authority to Specific charges for marine terminal Administrator. impose any form of tariff filing require­ services performed in connection with [F.R. Doc. 65-10569; Filed, Oct. 4, 1965; ment; lacks jurisdiction over railroad cargo moving on common carriers by 8:48 ajn.] operated marine terminals and state and water, however, are subject to Federal municipally operated terminals;- and Maritime Commission jurisdiction. If marine terminal services provided to the the function is of a marine terminal Chapter IV— Federal Maritime U.S. Government should be exempted nature, no matter what the identity of Commission from tariff filing requirements. the person performing such function, it As authority for the proposed rules we is subject to Federal Maritime Commis­ SUBCHAPTER B— REGULATIONS A F F E C T IN G have cited section 4 of the Administra­ sion jurisdiction. If the Commission MARITIME CARRIERS AND RELATED ACTIVI­ tive Procedure Act and sections 17, 21, were to regulate only the services per­ TIES and 43 of the Shipping Act, 1916. The formed by railroad marine terminals in [General Order 15; Docket No. 875] last paragraph of section 17 reads: connection with truck traffic, and not PART 533— FILING OF TARIFFS BY regulate identical services performed for Every such carrier and every other person rail traffic, the door would be open to TERMINAL OPERATORS subject to this Act shall establish, observe, and enforce just and reasonable regulations discrimination by railroads against truck The Federal Maritime Commission and practices relating to or connected with cargo in favor of their own rail cargo. published in the F ederal R egister dated the receiving, handling, storing, or deliver­ The courts hold that a railroad is an December 18, 1959 (24 F.R. 10262) pro­ ing of property. Whenever the Commission “other person” subject to the Shipping finds that any such regulation or practice is Act, 1916, when it is engaged in the busi­ posed rules in Docket No. 875 which unjust or unreasonable it may determine, would require 30 days advance filing of prescribe, and order enforced a just and ness of operating an ocean terminal in marinfi terminal rates, rules, and regu­ reasonable regulation or practice. connection with common carriers by lations. The rules were changed to in­ water. B. & O. R. Co. v. United States, clude u n iform definitions and were pub­ This section applies directly to com­ 201 F. 2d 795 (1953) and B. & O. R. Co. lished in the F ederal R egister on De­ mon carriers by water and terminal op­ v. United States, 208 F. 2d 734 (1953). cember 27, 1962 (27 F.R. 12777). Com­ erators, as “other persons’^ to whose Several marine terminals argue that ments on both sets of rules were received practices these proposed rules are di­ the Commission has no basis in law to from terminal operators, port authori­ rected. The Commission’s predecessors assert its jurisdiction over terminal fa­ ties, marine terminal associations, rail­ at various times have found that failure cilities owned and operated by a sover­ roads, shippers, and other interested par­ to give adequate notice of rate changes eign state or political sub-division. They ties. On April 22 and 23,1964, oral argu­ is an unreasonable practice.1 maintain that as agents for sovereign ment was held before the Commission Section 43 of the Shipping Act ex­ states, all of their actions in owning, op­ on the changed rules. The rules were pressly provides that “the Commission erating and maintaining ocean terminals further revised and published in the F ed­ shall make such rules and regulations as and warehouses, are as actions of the eral R egister on June 10, 1965 (30 F.R. may be necessary to carry out the pro­ state itself and Federal intervention 7574). Comments on the further revised visions of this Act”. Section 21 of the would constitute an encroachment upon rules were submitted by various parties. Shipping Act provides that the Com­ their states rights. Some terminals urge The Commission has considered said mission “may require any * * * per­ that they be exempted from advance comments and has decided to adopt, with son subject to this Act * * * to file with tariff filing requirements because they certain minor changes shown below, the it any periodical or special report, or any are presently subject to regulation under rules published in the F ederal R egister account, record, rate, or charge, or any state or local law. They state that im­ on June 10, 1965. memorandum of any facts and transac­ position of the rules would create a bur­ The rules require that marine terminal tions appertaining to the business of such densome duplication of regulation. One operators (1) file their rates, rules and * * * person subject to this Act.” party offers the suggestion that if the regulations, and changes thereof with the Terminal operators of course, are “other Commission were to require merely that Commission on or before their effective person(s) subject to this Act” and as tariffs be filed, i.e., without advance no­ date; (2) post their tariff of rates, rules such they may be required to file tariffs tice, there would be little or no objection and regulations at their place or places of containing their rates and charges. to such a rule particularly since most of business; and (3) include in their tariffs Uniform tariff filing requirements are the terminal operators presently file either the definitions of services set forth necessary to enable the Commission to their tariff with the Commission on a in § 533.6 of the rules or other definitions carry out the provisions of section 17. voluntary basis. with appropriate explanation of how The Commission is not in a position to The contentions that the Federal they differ from the definitions contained determine whether the regulations and Maritime Commission has no jurisdic­ in the rules. practices of terminals are just and rea­ tion over states or municipally operated Until the proposed rules were revised sonable unless the regulations and prac­ terminals were rejected by the Supreme on June 10,1965, the principal arguments tices are specified in tariffs published in Court in California v. United States, 320 against adoption were: such a way that the public and the Com­ U.S. 577 (1944). We do not think it (1) The Commission lacked authority mission can consider their fairness. reasonable or fair for the Commission to to prescribe that terminal operators file Certain railroads take the position require the filing of tariffs by private ter­ tariffs affording 30 days notice of rate that they are not subject to the Com­ minals and not their State or munici­ changes and did not have jurisdiction to mission’s jurisdiction in any respect be­ pally owned competitors. Indeed, the Prescribe tariff filing for certain seg­ cause all of their activities including the sharp trend is toward State or municipal ments of the industry ; furnishing of marine terminal facilities ownership of terminal facilities and (2) The Commission should not re­ are subject to the jurisdiction of the In­ there would be no effective regulation if quire tariffs to be filed governing ter­ terstate Commerce Commission. They such terminals were exempt from tariff minal services provided in accordance filing requirements. with private contracts entered into be­ 1 See Practices of San Francisco Bay Area Several Federal agencies argue that Terminals, 2 U.S.M.C. 588 (1941); Transpor­ (1) where the Government operates ter­ tween steamship companies and terminal tation of Lumber Through Panama Canal, operators; and 2 U.S.M.C. 143, 149 (1939); and Wharfage minals to handle its own cargo tariffs (3) The Commission should not pre­ Charges and Practices at Boston, Mass., 2 should not be required, and (2) the rates scribe new or different definitions for U.S.M.C. 245, 250 (1940). charged to the Federal Government by

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 No. 192- 12682 RULES AND REGULATIONS public terminals should not be subject to to terminals owned or operated by (c) For the purpose of this section, filing requirements. The Federal agen­ states and their political subdivisions; “point of rest” shall be defined as that cies argue that their right and responsi­ railroads who perform port terminal area on the terminal facility which is bility to contract for services at the low­ services not covered by their line haul assigned for the receipt of inbound cargo est rates that can be obtained supersedes rates; common carriers who perform from the ship and from which inbound the provisions of regulatory statutes. port terminal services; and warehouse­ cargo may be delivered to the consignee, Hie proposed rules would not require men who operate port terminal facili­ and that area which is assigned for the terminals owned or operated by the Fed­ ties, shall file in duplicate with the Bu­ receipt of outbound cargo from shippers eral Government to file rates covering reau of Domestic Regulation, Federal for vessel loading. proprietary cargoes. Section 533.3 of Maritime Commission, and shall keep (d) Definitions of terminal services: the rules requires the filing of tariffs by open to public inspection at all its places (1) Dockage: The charge assessed persons “carrying on the business of fur­ of business a schedule or tariff show­ against a vessel for berthing at a wharf, nishing wharfage, dock, warehouse, or ing all its rates, charges, rules, and pier, bulkhead structure, or bank, or for other terminal facilities.” Furnishing regulations relating to or connected with mooring to a vessel so berthed. means furnishing to other persons and the receiving, handling, storing and/or (2) Wharfage; A charge assessed would not cover the furnishing of ter­ delivering of property at its terminal against the cargo or vessel on all cargo minal services or facilities to handle pro­ facilities: Provided, however, That rates passing or conveyed over, onto, or under prietary cargo. and charges for terminal services per­ wharves or between vessels (to or from These rules, however, would require formed for water carriers pursuant' to barge, lighter, or water), when berthed public terminals to file the rates they negotiated contracts, and for storage of at wharf or when moored in slip adjacent charge Federal agencies. This does not cargo and services incidental thereto by to wharf. Wharfage is solely the charge mean that the terminals must alter their public warehousemen pursuant to stor­ for use of wharf and does not include present method of making rates for Fed­ age agreements covered by issued ware­ charges for any other Service. eral agencies. It merely means that once house receipts need not be filed for pur­ (3) Free time: The specified period a terminal reaches an agreement with the poses of this part. during which cargo may occupy space Federal Government on the rates to be § 533.4 Filing of tariffs and tariff assigned to it on terminal property free charged for terminal services such rates changes. of wharf demurrage or terminal storage must be filed with the Federal Maritime charges immediately prior to the loading Commission. We do not think this re­ Every tariff or tariff change shall be or subsequent to the discharge of such stricts the ability of Federal agencies to filed on or before its effective date, ex­ cargo on or off the vessel. procure terminal services at terms most cept as required by Commission Order (4) Wharf demurrage: A charge as­ favorable to the government. or agreements approved pursuant to sec­ sessed against cargo remaining in or on Therefore, pursuant to section 4 of tion 15, and be kept open for public terminal facilities after the expiration the Administrative Procedure Act (5 inspection as provided in § 533.3. Initial of free time unless arrangements have U.S.C. 1003) and sections 17,21 and 43 of tariff filings required by this part-shall been made for storage. the Shipping Act, 1916 (46 U.S.C. 816, be filed within one hundred and eighty (5) Terminal storage: The service of 820 and 841a) , Title 46 CFR, is hereby (180) days after the effective date of this providing warehouse or other terminal part. Tariffs on file with the Commission facilities for the storing of inbound or amended by the addition of a new part, on the effective dateof this part need not Part 533, as follows: outbound cargo after the expiration of be republished or refiled but shall be free time, including wharf storage, ship- Sec. amended within one hundred and eighty side storage, closed or covered storage, 533.1 Scope. (180) days after the effective date of this open or ground storage, bonded storage 533.2 Purpose. part to conform to the provisions hereof. 533.3 Persons who m ust file. and refrigerated storage, after storage 533.4 Piling of tariffs and tariff changes. § 533.5 Compliance with this part and arrangements have been made. 1533.5 Compliance with this part and other other terminal tariff filing require­ (6) Handling: The service of physi­ terminal tariff filing requirements. ments. cally moving cargo between point of rest 533.6 Definitions. Persons who file tariffs pursuant to re­ and any place on the terminal facility, Authority: The provisions of this Part quirements of Commission Orders or ap­ other than the end of ship’s tackle. 533 issued under secs. 17, 21, 43 Shipping Act, (7) Loading mid unloading: The 1916; 46 TJ.S.C. 816, 820 and 841a. proved section 15 agreements shall not be service of loading or unloading cargo relieved of such requirements by this between any place on the terminal and § 533.1 Scope. part. ' railroad cars, trucks, lighters or barges This part sets forth rules and regu­ § 533.6 Definitions. or any other means of conveyance to or lations for the filing of terminal tariffs from the terminal facility. by persons engaged in carrying on the (a) The definitions of terminal serv­ (8) Usage: The use of terminal fa­ business of furnishing wharfage, dock, ices set forth in paragraph (d) of this cility by any rail carrier, lighter operator, warehouse or other terminal facilities section shall be set forth in tariffs filed trucker, shipper or consignee, their within the United States or a common­ pursuant to this part: Presided, how­ agents, servants, and/or employees, wealth, territory, or possession thereof, ever, That other definitions of terminal when they perform their own car, lighter in connection with a common carrier by services may be used if they are corre­ or truck loading or unloading, or the water in the foreign commerce of the lated by footnote or other appropriate use of said facilities for any other gain­ United States or in interstate commerce method to the definitions set forth here­ ful purpose for which a charge is not on the high seas or the Great Lakes. in. Any additional services which are otherwise specified. offered shall be listed and charges there­ (9) Checking: The service of count­ § 533.2 Purpose. for shall be shown in terminal tariffs. ing and checking cargo against appro­ The purpose of this part is to enable (b) These definitions shall apply to priate documents for the account of the Commission to discharge its responsi­ “port terminal facilities” which are de­ the cargo or the vessel, or other person bilities under section 17, Shipping Act, fined as one or more structures com­ requesting same. 1916, by keeping informed of practices prising a terminal unit, and including, (10) Heavy lift: The service of pro­ and rates and charges related thereto, in­ but not limited to wharves, warehouses, viding heavy lift cranes and e q u ip m e n t stituted and to be instituted by terminals, covered and/or open storage space, cold for lifting cargo. and by keeping the public informed of storage plants, grain elevators and/or bulk cargo loading and/or unloading Effective date. Because terminal oper­ such practices. structures, landings, and receiving sta­ ators are allowed 180 days from the ef­ § 533.3 Persons who must file. tions, used for the transmission, care and fective date of these rules to comply with Every person carrying on the business convenience of cargo and/or passengers the requirements thereof, the Commis­ of furnishing wharfage, dock, warehouse, in the interchange of same between land sion is of the opinion that good cause or other terminal facilities as described and water carriers or between two water exists for these rules to be effective im­ in § 533.1, including, but not limited carriers. mediately upon publication, and these

FEDERAL REGISTER, VOL. 30, NO. 192-—TUESDAY, OCTOBER 5, 1965 RULES AND REGULATIONS 12683 rules shall be effective upon publication Hunting shall be in accordance with permitted only on the area designated by in the F ederal R egister. all applicable State regulations govern­ signs as open to hunting. This open area, comprising 27,000 acres, is deline­ Note: The reporting and/or recordkeeping ing the hunting of upland game subject requirements contained herein have been ap­ to the following special conditions; ated on maps available at refuge head­ proved by the Bureau of the Budget in ac­ (a) Species permitted to be taken; quarters, Valentine, Nebr., and from the cordance with the Federal Reports Act of Pheasants and grouse (sharp-tailed and office of the Regional Director, Bureau of 1942. pinnated) during the seasons specified Sport Fisheries and Wildlife, 1006 West By the Commission. below. The hunting of other upland Lake Street, Minneapolis, Minn., 55408. game species, as may be authorized by Hunting shall be in accordance with all . T homas Lis i, South Dakota State regulations, is pro­ applicable State regulations covering the Secretary. hibited. hunting of deer subject to the follow­ [P.R. Doc. 65-10552; Filed, Oct. 4, 1965; (b) Open season: Grouse—from sun­ ing special conditions; 8:46 a.m.] rise to sunset each day from September (1) All deer hunters will check in and 25, 1965 through October 16, 1965, and out at a designated checking station. from noon to sunset (CST) daily, Octo­ (2) Hunters will park their vehicles in ber 16, 1965 through October 31, 1965. Title 50— WILDLIFE AND Pheasants—from noon to sunset (CST) designated parking areas and will hunt daily, from October 16, 1965 through on foot. Patrol vehicles will pick up FISHERIES November 28, 1965. deer kills for hunters. The provisions of this special regula­ (3) The open seasons for deer are as Chapter I— Bureau of Sport Fisheries tion supplement the regulations which follows: and Wildlife, Fish and Wildlife govern hunting on wildlife refuge areas a. Archery season—one-half hour be­ Service, Department of the Interior generally, which are set forth in Title fore sunrise to one-half hour after sun­ 50, Code of Federal Regulations, Part 32, set, December 15, 1965 through Decem­ PART 32— HUNTING and are effective through November 28, ber 17, 1965, and from December 22 Lacreek National Wildlife Refuge, 1965. through December 31, 1965. W. P. Schaefer, S. Dak. Acting Regional Director, Bureau b. Firearms season—one-half hour be­ The following special regulation is is­ of Sport Fisheries and Wildlife. fore sunrise to one-half hour after sun­ set, December 18, 19, 20 and 21, 1965. sued and is effective on date of publica­ September 24,1965. tion in the F ederal R egister. (4) All hunters must exhibit their [F.R. Doc. 65-10533; Filed, Oct. 4, 1965; hunting license,, deer tag, game and ve­ §32.22 Special regulations; upland 8:45 a.m.] game; for individual wildlife refuge hicle contents to Federal and State of­ areas. ficers upon request. PART 32— HUNTING The provisions of this special regula­ South Dakota Valentine National Wildlife Refuge, tion supplement the regulations which LACREEK NATIONAL WILDLIFE REFUGE Nebr. govern hunting on wildlife refuge areas Public hunting of upland game on The following special regulation is is­ generally, which are set forth in Title the Lacreek National Wildlife Refuge, sued and is effective on date of publica­ 50, Code of Federal Regulations, Part 32, S. Dak., is permitted only on the area tion in the F ederal R egister. and are effective through December 31, designated by signs as open to hunting. 1965. This open area, comprising 310 acres, § 32.32 Special regulations; big game; W. P. S chaefer, known locally as the Little White River for individual wildlife refuge areas. Acting Regional Director, Bureau recreational area, is delineated on a map Nebraska of Sport Fisheries and Wildlife. available at the refuge headquarters and from the Regional Director, Bureau of VALENTINE NATIONAL WILDLIFE REFUGE September 24, 1965. Sport Fisheries and Wildlife, 1006 West Public hunting of deer on the Valen­ [F.B. Doc. 65-10532; Filed, Oct. 4, 1965; Lake Street, Minneapolis, Minn., 55408. tine National Wildlife Refuge, Nebr., is 8:45 a.m.]

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12684 Proposed Rule Making

cination to the appropriate State or the Secretary of Agriculture is preparing DEPARTMENT OF AGRICULTURE Federal agency cooperating in the erad­ to determine whether marketing quotas ication of brucellosis: Provided, however, are required to be proclaimed for the 1966 Agricultural Research Service That a bovine animal vaccinated prior to crop of rice, to determine and proclaim [ 9 CFR Parts 51, 78 1 November 1,1965, in accordance with the the national acreage allotment for the existing definition of an official vaccinate 1966 crop of rice, to apportion among OFFICIAL VACCINATE as set forth in this Part at the time of States and counties the national acreage vaccination, shall be deemed to be an allotment for the 1966 crop of rice, to Proposed Change in Definition official vaccinate.1 establish county normal yields for the Notice is hereby given in accordance * * * * 9|c 1966 crop of rice, and to establish a with section 4 of the Administrative Pro­ Under the proposed amendments, the date for conducting a referendum on cedure Act (5 U.S.C. 1003) that, pursuant definition of an: “official vaccinate” as marketing quotas in the event quotas to the provisions of sections 3, 4, 5, 11, set forth in 9 CFR 51.1 (m) and 78.1(j) are proclaimed for the 1966 crop of rice. and 13 of the Act of May 29, 1884, as would include any bovine animal prop­ Section 354 of the act provides that amended, sections 1 and 2 of the Act of erly vaccinated, identified, and reported whenever in the calendar year 1965 the February 2, 1903, as amended, section 3 on or before October 31, 1965, and only Secretary determines that the total sup­ of the Act of March 3,1905, as amended, female bovine animals properly vac­ ply of rice for the 1965-66 marketing and section 3 of the Act of July 2, 1962 cinated, identified, and reported after year will exceed the normal supply for (21 U.S.C. 111-113,114,114a. 114a-l, 120, said date. Insofar as female bovine ani­ such marketing year the Secretary shall, 121, 125, and 134b), it is proposed to mals vaccinated after October 31, 1965, not later than December 31, 1965, pro­ amend paragraph (m) of § 51.1 of the are concerned, the proposed action would claim such fact and marketing quotas regulations in Part 51 and paragraph (j) harmonize such definition with the Uni­ shall be in effect for the crop of rice pro­ of § 78.1 of the regulations in Part 78, form Methods and Rules for the Estab­ duced in 1966. Within 30 days after the Title 9, Code of Federal Regulations, as lishment and Maintenance of Certified issuance of such proclamation,-the Sec­ amended, in the following respects: Brucellosis-Free Herds of Cattle and retary shall conduct a referendum by 1. Section 51.1 (m) would be amended Modified Certified Areas without ad­ secret ballot of farmers engaged in the to read as follows: versely affecting the status of male and production of the immediately preceding § 51.1 Definitions. female bovine animals vaccinated on or crop of rice to determine whether farm­ ers are in favor of or opposed to such * * * * * before October 31, 1965. Such Methods and Rules no longer recognize male bo­ quotas. In the event that the Secretary (m) Official vaccinate. A female bo­ vine animals as “official vaccinates.” proclaims quotas in effect for the 1966 vine animal vaccinated subcutaneously Any person who wishes to submit writ­ crop of rice, the date for holding the against brucellosis while from 4 through ten data, views, or arguments concern­ referendum will be within 30 days of 8 months of age or a female bovine ani­ ing the proposed amendments may do so the date of such proclamation. mal of a beef breed in a range or semi­ by filing them with the Director, Animal Section 352 of the act, as amended, range area vaccinated subcutaneously Health Division, Agricultural Research provides that the national acreage allot­ against brucellosis while from 4 through Service, U.S. Department of Agriculture, ment of rice for 1966 shall be that acre­ 11 months of age, under the supervision Washington, D.C., 20250, within 45 days age which the Secretary determines will, of a Federal or State veterinary official, on the basis of the national average yield with a vaccine approved by the Division; after publication of this notice in the F ederal R egister. of rice for the 5 calendar years 1961 permanently identified as an official vac­ All written submissions made pursuant through 1965, produce an amount of rice cinate; and reported at the time of vac­ to this notice will be made available for adequate, together with the estimated cination to the appropriate State or public inspection at such times and carry-over from the 1965-66 marketing Federal agency cooperating in the erad­ year, to make available a supply for the ication of brucellosis: Provided, however, places and in a manner convenient to the public business 07 CFR 1.27(b)). 1966-67 marketing year not less than the That a bovine animal vaccinated prior to normal supply. The Secretary is re­ November 1,1965, in accordance with the Done at Washington, D.C., this 30th quired under this section of the act to existing definition of an official vaccinate day of September 1965. proclaim such national acreage allot­ as set forth in this part at the time of R . J . Andersok, ment not later than December 31, 1965. vaccination, shall be deemed to be an Acting Administrator, Section 353 (c) (6) of the act, as amend­ official vaccinate.1 Agricultural Research Service. ed, provides that the national acreage allotment of rice for 1966 shall be not 2. Section 78.1(j) would be amended [F.R. Doc. 65-10581; Filed, Oct. 4, 1965; to read as follows: less than the national acreage allotment 8:48 a.m.] for 1956, including the 13,512 acres ap­ § 78.1 Definitions. portioned to States pursuant to para­ * * * * * Agricultural Stabilization and graph (5) of section 353(c) of the act. (j) Official vaccinate. A female bo­ Conservation Service Under this provision, the national acre­ vine animal vaccinated subcutaneously age allotment of rice for 1966 will be not against brucellosis while from 4 through E 7 CFR Part 730 1 less than 1,652,596 acres. 8 months of age or a female bovine ani­ As defined in section 301 of the act, mal of a beef breed in a range or semi­ RICE for purposes of these determinations, range area vaccinated subcutaneously Marketing Quotas, National, State, “total supply” for any marketing year against brucellosis while from 4 through is the carryover of rice for such market­ and County Acreage AHotments, ing year, plus the estimated production 11 months of age, under the supervision County Normal Yields, and Date for of rice in the United States during the of a Federal or State veterinary official, Conducting Referendum on Mar­ calendar year in which such marketing with a vaccine approved by the Division; keting Quotas for 1966 Crop year begins and the estimated imports permanently identified as an official vac­ of rice into the United States during cinate; and reported at the time of vac- Pursuant to the authority contained such marketing year; “normal supply” in applicable provisions of the Agricul­ for any marketing year is the estimated 1 See, 28 F.R. 5933 and 5956 regarding such tural Adjustment Act of 1938, as amend­ domestic consumption of rice for the existing definition. ed (7 U.S.C. 1301, 1352, 1353, 1354, 1377), marketing year ending immediately prior

FEDERAL REGIStER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 PROPOSED RULE MAKING , if to the marketing year for which normal of the years, 1961 through 1965, on the into consideration the yields obtained in supply is being determined, plus the esti­ basis of the applicable apportionment surrounding counties during such year mated exports of rice for the marketing factors set forth herein: Provided, That and the yield in years for which data are year for which normal supply is being in any State in which allotments are available, shall be used as the actual yield determined, plus 10 per centum of such established for farms on the basis of for such year. consumption and exports, with adjust­ past production of rice on the farm such Section 301(b) (13) (F) of the act pro­ ments for current trends in consumption percentage of the State acreage allot­ vides that if on account of drought, flood, and for unusual conditions as deemed ment shall be apportioned among the insect pests, plant disease, or other un­ necessary; and “marketing year” for rice farms on which rice is to be planted controllable natural cause, the yield for is the period August 1-July 31. during 1966 but on which rice was not any county for any year during the years Section 353 (a) and (c) (6) of the act planted during any of the years, 1961 1961 through 1965 is less than 75 per requires that the national acreage allot­ through 1965, on the basis of the ap­ centum of the average, 75 per centum of ment of rice for the 1966 crop, less a plicable apportionment factors set forth such average shall be substituted there­ reserve of not to exceed 1 per centum in said section 353. In determining the for in calculating the normal yield per thereof for apportionment to farms re­ eligibility of any producer or farm for acre; and if on account of abnormally ceiving inadequate allotments because of an allotment as an old producer or farm favorable weather conditions, thé yield insufficient State or county allotments or under the first sentence of subsection for any county for any year during the because rice was not planted on the farm (b) of section 353 of the act or as a new years 1961 through 1965 is in excess of during all the years of the base period, producer or farm under the second 125 per centum of thé average, 125 per be apportioned among the several States sentence of such subsection, such pro­ centum of such average shall be sub­ in which rice is produced in the same ducer or farm shall not be considered to stituted therefor in calculating the nor­ proportion that they shared in the total have produced rice on any acreage whieh mal yield per acre. acreage allotted to States in 1956 (State under subsection (c) (2) of section 353 of Section 377 of the act provides that acreage allotments, plus the additional the act either is not to be taken into any case in which the acreage planted to acreage allocated to States under section account in establishing acreage allot­ rice on any farm in any year is less than 353(c)(5) of the act, as amended). ments or is not to be credited to such the rice acreage allotment for the farm Section 353(b) of the act requires that producer. For purposes of section 353 of for such year, thé entire acreage allot­ the State acreage allotment of rice for the act in States which have been divided ment for such farm for such year shall the 1966 crop shall be apportioned to into administrative ar$as pursuant to be considered for purposes of future farms owned or operated by persons who subsection (b) thereof, the term “State State, county, and farm acreage allot­ have produced rice in the State in any acreage allotment” shall be deemed to ments to have been planted to rice one of the 5 calendar years, 1961 through mean that part of the State acreage in such year, if, except for federally 1965 on the basis of past production of allotment apportioned to each adminis­ owned land, an acreage equal to or rice in the State by the producer on the trative area and the word “State” shall greater than 75 per centum of the farm farm taking into consideration the acre­ be deemed to mean “administrative acreage allotment for such year or for age alloments previously established in area,” wherever applicable. either of the 2 immediately preceding the State for such owners or operators; Section 353(c) (1) of the act provides years was actually planted to rice in such abnormal conditions affecting acreage; that if farm acreage allotments are year or was regarded as planted to rice land, labor, and equipment available for established by using past production of under the soil bank program. the production of rice; crop rotation rice on the farm and the acreage allot­ Sections 106 and 112 of the Soil Bank practices; and the soil and other factors ments previously established for the farm Act provide that the acreage on any farm affecting the production of rice. Provi­ in lieu of past production of rice by the which is determined to have been di­ sion is made that if the State committee producer and the acreage allotments verted from the production of rice un­ recommends such action and the Secre­ previously established for owners or op­ der the acreage reserve or.. conserva­ tary determines that such action will erators, the State acreage allotment shall tion reserve program shall be consid­ facilitate the effective administration of be apportioned among counties in the ered as rice acreage for thé purpose of the act, he may provide for the appor­ State on the same basis as the national establishing future farm, county, and tionment of part or all of the State acreage allotment is apportioned among State acreage allotments under the Agri­ acreage allotment to farms on which rice the States and the county acreage allot­ cultural Adjustment Act of 1938, as has been produced during any one of ments shall be apportioned to farms on amended. : Section 16(e) (6) of the Soil such period of years on the basis of the the basis of the applicable factors set Conservation and Domestic Allotment foregoing factors, using past production forth in subsection (b) of the section: Act, as amended, authorizes the Secre­ of rice on the farm and the acreage al­ Provided, That if the State is divided tary, to the extent he deems it desirable lotments previously established for the into administrative areas pursuant to to carry out the purposes of the cropland farm in lieu of past production of rice subsection (b) of this section the allot­ conversion program, to provide any crop­ by the producer and the acreage allot­ ment for each administrative area shall land conversion agreement for (1) pres­ ments previously established for such be determined by apportioning the State ervation for a period not to exceed the owners or operators. Provision is also acreage allotment among counties as period covered by the agreement and an made that if the Secretary determines provide)! in this subsection and totaling equal period thereafter of the cropland, that part of the State acreage allotment the allotments for the counties in such crop acreage and allotment history ap­ shall be apportioned on the basis of past area: Provided, That the State commit­ plicable to the land covered by the agree­ production of rice by the producer on tee may reserve not to exceed 5 per ment for the purposes of any Federal the farm and part on the basis of the centum of the State allotment, which program under which such history is past production of rice on the farm, he shall be used to make adjustments in used as a basis for an allotment or other shall divide the State into two adminis­ county allotments for trends in acreage limitation on the production of such trative areas, to be designated “producer and for abnormal conditions affecting crop; hr (2) surrender of any such his­ administrative area” and “farm admin­ plantings; tory and allotments. istrative area,” respectively, which areas Section 301(b) (13) (D) of the act pro­ Prior to making any of the foregoing shall be Separated by a natural barrier vides that the “normal yield” of rice determinations with respect to market­ which would prevent each area from for 1966 for any county shall be the ing quotas and National, State, and coun­ being readily accessible to rice producers average yield per acre of rice for the ty acreage allotments, and county in one area from producing rice in the county during the 5 calender years 1961 other area, and each area shall be com­ through 1965 adjusted for abnormal normal yields for the 1966 crop of rice, posed of whole counties. Not more than weather conditions and trends in yields. including National, State, and county re­ 3 per centum of the State acreage allot­ Provision is made therein that if for any serves, and announcing thé daté of thé ment shall be apportioned among farms such year data are not available, or there referendum, if marketing quotas are re­ operated by persons who will produce is no actual yield, an appraised yield for quired, consideration will be given to nee in the State in 1966 but who have such year, determined in accordance data, views, and recommendations per­ not produced rice in the State in any one with regulations of the Secretary, taking taining thereto which are submitted in

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12686 PROPOSED RULE MAKING writing to the Director, Policy and Pro­ ard natural (sun-dried) Thompson Seed­ 203, Chapter H, Code of Federal Regu­ gram Appraisal Division, Agricultural less raisins for the 1965-66 crop year lations, a statement of interpretation Stabilization and Conservation Service, which would achieve a free tonnage ob­ concerning the rights and duties of U.S. Department of Agriculture, Wash­ jective approximating 110,000 tons1 a stockyard owners and market agencies ington, D.C., 20250. All written sub­ reserve tonnage objective of about 35,000 in the conduct of their business. missions must be postmarked not later tons, and a surplus tonnage equaling the Statement of considerations. T he than 30 days after the date of pub­ difference between the total of about livestock industry is in a constant state lication of this notice in the F ederal 145,000 tons of the free and reserve of change and makes constant demand R egister. All written submissions made tonnages and the estimated 1965 produc­ on public livestock markets to meet new pursuant to this notice will be made tion of such raisins. The total of the and different needs. At the time of the available for public inspection at such free and reserve tonnages would approx­ enactment of the Packers and Stock- times and places and in a manner con­ imate 1965-66 trade demand, estimated yards Act, 1921, the large terminal stock- venient to the public business (7 CFR by the Committee at 145,000 tons, for yards were the principal market places 1.27(b)).' such raisins in free tonnage outlets. for livestock producers. These markets Signed at Washington, D.C., on Sep­ This estimate of trade demand may be now compete with other marketing compared with disappearance of such channels, including auction markets, tember 30,1965. dealer buying stations, and direct live­ H. D. G odfrey, raisins into Western Hemisphere coun­ Administrator, Agricultural Sta­ tries of about 143,300 tons in 1964-65. stock purchases by packers. In an effort bilization and Conservation For certain past crop years, the total of to meet the demands of the changing Service. the free and reserve tonnages has been industry, stockyard and market agency in excess of trade demand for such rai­ owners have sought to change their [F.R. Doc. 65-10582; Filed, Oct. 4, 1965; sins Jn free tonnage outlets, causing price methods of marketing livestock and their 8:48 am .] wea,kness and adversely affecting returns facilities for handling livestock. Several to producers. The proposal, by more terminal markets have been converted to Consumer and Marketing Service closely tailoring the quantity of such the auction method of selling livestock. raisins to their estimated trade demand, Others have had facilities rebuilt or re­ [ 7 CFR Part 989 1 is intended to achieve a greater degree duced in size in order to handle livestock of price stability than has prevailed in more efficiently and economically. A RAISINS PRODUCED FROM GRAPES such past crop years and hence to better few markets have closed for economic GROWN IN CALIFORNIA effectuate the declared policy of the act. reasons. In some cases stockyard own­ The Committee determined handler car­ ers have been reluctant or hesitant to Proposed Volume Regulation for rying (September 1, 1965) to be 24,179 effect changes because of uncertainty as 1965—66 Crop Year and List of tons which approximates a desirable to the requirements imposed upon them Countries for Export Sale of Surplus handler carryout (August 31, 1966). by the Packers and Stockyards Act, 1921. Tonnage By or Through Handlers The Committee did not recommend The Packers and Stockyards Division, any change in the 1964-65 list of coun­ Consumer and Marketing Service, has Notice is hereby given of a proposal tries for export sale of surplus tonnage received numerous inquiries from market (1) to designate the percentages of by or through handlers and the same agencies and stockyard owners concern­ standard natural (sun-dried) Thompson list is proposed herein. Therefore, the ing their rights, duties, and obligations Seedless raisins acquired by handlers proposal is to establish the countries to in the conduct and control of their oper­ during the 1965-66 crop year beginning which sale in export of surplus tonnage ations. It appears, therefore, that an September 1, 1965, which shall be free raisins acquired by handlers beginning interpretative statement would serve as tonnage, reserve tonnage, and surplus September 1, 1965, may be made by or a guide to stockyard owners and owners tonnage, respectively, on the basis of through handlers, as all those countries, of market agencies in establishing, ob­ proposed free, reserve and surplus ton­ other than Australia, outside of the serving, and enforcing regulations and nages recommended by the Raisin Ad­ Western Hemisphere. This list of coun­ practices in the control and conduct of ministrative Committee* and (2) to tries would continue to apply until their business. The following views are establish a list specif sung the countries changed. For this purpose “Western being considered for inclusion in an in­ to which sale in export of surplus ton­ terpretative statement: nage raisins may be made by or through Hemisphere” means the area east of the handlers. International Date Line and west of 30 § 203.8 Statement with respect to regu­ The proposal would be established in degrees west longitude but shall not be lations and practices o f stockyard accordance with the provisions of the deemed to include any of Greenland. owners and market agencies. marketing agreement, as amended, and The Committee did not recommend (a) Stockyard and market agency Order No. 989, as amended (7 CFR Part volume regulation for other varietal owners have the statutory duty to fur­ 989), regulating the handling of raisins types of raisins and hence none is pro­ nish upon reasonable request, without produced from grapes grown in Califor­ posed herein. discrimination, reasonable stockyard nia, effective under the Agricultural Dated: September 30, 1965. services, and to establish, observe, and enforce just, reasonable, and nondiscrim - Marketing Agreement Act of 1937, as F loyd F. H edltjnd, amended (7 U.S.C. 601-674) . hereinafter Director, inatory regulations and practices in re­ referred to as the “act.” The proposal Fruit and Vegetable Division. spect to the furnishing of stockyard is based upon the recommendation of services. the Raisin Administrative Committee. [F.R. Doc. 65-10586; Filed, Oct. 4, 1965; (b) The Packers and Stockyards Divi­ All persons who desire to submit writ­ 8:48 a.m.] sion, Consumer and Marketing Service, ten data, views, or arguments in connec­ encourages stockyard and market agency tion with the aforesaid proposal should [ 9 CFR Part 203 1 owners to make innovations and to estab­ file the same, in quadruplicate, with the lish and enforce regulations which foster Hearing Clerk, U.S. Department of Agri­ STOCKYARD OWNERS AND MARKET efficient and competitive livestock mar­ culture, Room 112, Administration Build­ AGENCIES kets. Section 201.4 of the regulations ing, Washington, D.C., 20250, not later under the Packers and Stockyards Act than the sixth day after the publication Regulations and Practices (9 CFR 201.4) emphasizes the impor­ of this notice in the F ederal R egister. Notice is hereby given that, pursuant tance of self regulation by the livestock All written submissions made pursuant to section 407(a) of the Packers and industry. It provides for the “legitimate to this notice will be made available for Stockyards Act, 1921 (7 U.S.C. 228(a)), application or enforcement of any valid public inspection at the office of the the Consumer and Marketing Service bylaw, rule or regulation, or require­ Hearing Clerk during regular business proposes to promulgate as § 203.8 of Part ment of any exchange, association, or hours (7 CFR 1.27(b)). other organization, or any other valid The proposal is to designate free, re­ : 1 All tonnage figures herein are in terms law, rule or regulation, or requirement to serve, and surplus percentages for stand- of natural condition weight. which any packer, stockyard owner,

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 PROPOSED RULE MAKING 12087 market agency, dealer, or licensee shall any public livestock market owner or the Rules Docket for examination by in­ be subject which Is not Inconsistent or In market agency has issued or is operating terested persons. conflict with the act and these regula­ under an unjust, unreasonable, or dis­ This amendment is proposed under the tions.” criminatory rule, regulation, or require­ authority of sections 313(a) , 601, and 603 (c) The livestock Industry Is In a con­ ment. In the formal administrative pro­ of the Federal Aviation Act of 1958 (49 stant state of transition. Rapid changes ceeding initiated by any such complaint, U.S.C. 1354(a), 1421, 1423). in the industry require a continual ap­ it is the responsibility of the Judicial In consideration of the foregoing, it is praisal by stockyard and market agency Officer of the Department to determine, proposed to amend § 39.13 of Part 39 of owners of their regulations, practices, after full hearing, whether the market the Federal Aviation Regulations by add­ facilities, and services to meet the de­ owner or market agency has violated the ing the following new airworthiness mands of the changing industry and to Act. directive: insure improved, efficient services for This notice of rule making is for the Maule. Applies to Model M-4-210 airplanes, market patrons. purpose of obtaining the views of the Serial Numbers 1001 through 1035. (d) The livestock producer today has livestock industry with respect to Compliance required within the next 100 many alternative methods of marketing whether an interpretative statement hours’ time in service after the effective date should be issued and, if so, whether the of this AD unless already accomplished. livestock which were not available to him To prevent loss of engine power due to fuel at the time the Packers and Stockyards foregoing proposal should be adopted or starvation, modify the fuel system in accord­ Act became law. Terminal livestock changed in any respect. ance with Maule Service Letter No. 7, dated markets and auction markets compete Any person who wishes to submit writ­ June 15, 1965, or later FAA-approved re­ with these other marketing channels, ten data, views, or arguments concern­ vision, or an equivalent, approved by the and stockyard and market agency own­ ing the proposed statement may do so by Chief, Engineering and Manufacturing ers must continually seek ways to im­ filing them in duplicate with the Hearing Branch, FAA Central Region. prove services and facilities offered to Clerk, U.S. Department of Agriculture, Issued in Washington, D.C., on Sep­ livestock producers. Subject to reason­ Washington, D.C., on or before November tember 29,1965. able regulation, the right to control and 5,1965. G W . W alker, conduct the business of a public stock- All written statements made pursuant Acting Director, yard remains in the stockyard company. to this notice wifi be made available for Flight Standards Service. The Packers and Stockyards Act, 1921, public inspection at such times and does not abridge the right of the stock- places and in a manner convenient to [F.R. Doc. 65-10529; Filed, Oct. 4, 1965; yard owner to conduct his business and the public business (7 CFR 1.27(b) >. 8:45 a.m.] to establish and enforce regulations and Done at Washington, D.C., this 30th practices,not in conflict with the pur­ day of September 1965. [1 4 CFR Part 39 1 poses of the law. Similarly, market agencies, through their livestock ex­ Clarence H. G irard, [Docket No. 6945] Deputy Administrator. changes, may and do establish and en­ AIRWORTHINESS DIRECTIVES force rules and regulations governing the [F.R. DOC. 65-10585; Filed, Oct. 4, 1965; members of the exchange. 8:48 a.m.] dè Havilland Model 104 Dove Series (e) Public livestock market owners are Airplanes not required to obtain a Federal certifi­ cate of public convenience and necessity Thé Federal Aviation Agency is con­ before they enter into business, and FEDERAL AVIATION AGENCY sidering amending Part 39 of the Fed­ conversely, they are not required to ob­ eral Aviation Regulations by adding an tain Federal Government approval be­ [1 4 CFR Part 39 1 airworthiness directive applicable to de fore they cease operations. The Packers [Docket No. 6944] Havilland Model 104 Dove Series air­ and Stockyards Act does not prohibit a planes. There have been instances of stockyard owner from changing the char­ AIRWORTHINESS DIRECTIVES cracks on the eye ends of elevator trim acter of the market business. Nothing tab connecting rods on the subject air­ in the Act prohibits a stockyard owner Maule Model M-4-210 Airplanes planes. Since this condition is likely from converting his operations from a The Federal Aviation Agency is con­ to exist or develop in other airplanes of terminal market, where livestock are sold sidering amending Part 39 of the Federal the same type design, the proposed AD by private treaty, to an auction market Aviation Regulations by adding an air­ would require inspection and replace­ where livestock are sold by an auctioneer worthiness directive applicable to Maule ment where necessary of the eye ends to the highest bidder. Similarly, noth­ Model M-4-210 airplanes. There have used in the rudder and elevator trim ing in the Act prohibits the stockyard been instances of loss of engine power tab connecting rod assemblies on the owner from operating the auction alone due to fuel starvation on the subject air­ subject airplanes. or in association with other persons, in­ planes. Since this condition is likely to Interested persons are invited to par­ cluding some or all of the market agen­ exist or develop in other airplanes of the ticipate in the making of the proposed cies previously engaged in business at the same type design, the proposed AD would rule by submitting such written data, terminal stockyards.- \ require several modifications to the air­ views, or arguments as they may desire. (f> Whenever a stockyard owner en­ plane fuel system on Maule Model M- Communications should identify the gaged ip operating a terminal livestock 4-210 airplanes. docket number and be submitted in du­ market elects to cease operating as a Interested persons are invited to par­ plicate to the Federal Aviation Agency, terminal livestock market, to convert to ticipate in the making of the proposed Office of the General Counsel, Attention: auction markét operations, or to reduce rule by submitting such written data, Rules Docket, 800 Independence Avenue the size of his facility and the number of views, or arguments as they may desire. SW.; Washington, D.C., 20553. All com­ market agencies operating thereat, rea­ Communications should identify the munications received on or before No­ sonable notice must be given to the pub­ docket number and be submitted in dupli­ vember 4, 1965, wifi be considered by thé lic and to all persons engaged in busi­ cate to the Federal Aviation Agency, Of­ Administrator before taking action upon ness at the stockyards. The notice must fice of the General Counsel, Attention: the proposed rule. The proposals con­ be given as much in advance as possible Rules Docket, 800 Independence Avenue tained in this notice may be changed in SW., Washington, D.C., 20553. All com­ the light of comments received. All before the date the stockyard owner comments will be available, both before proposes to effect any such change. munications received on or before No­ vember 4,1965, will be considered by the and after the closing date for comments, (g) The Packers and Stockyards Divi­Administrator before' taking action upon in the Rules Docket for examination by sion of the Consumer and Marketing the proposed rule. The proposals con­ interested persons. Service has the responsibility of giving tained in this notice may he changed in This amendment is proposed under consideration to the issuance of a com­ the light of comments received. All com­ the authority of sections 313(a), 601, plaint charging a violation of the Act ments wifi be available, both before and and 663 of the Federal Aviation Act of whenever it has reason to believe that alter the closing date for comments, in 1958 (49 UJS.C. 1354(a), 1421, 1423).

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 125688 PROPOSED RULE MAKING

In consideration of the foregoing, it is tude 43°06'40" N., longitude 88°02'05" arrangements for informal conferences proposed to amend § 39.13 of Part 39 of W.) and within 2 miles each side of the with Federal Aviation Agency officials the Federal Aviation Regulations by add­ Timmerman VQR 337° radiai, extend­ may be made by contacting the Regional ing the following new airworthiness ing from the 3-miie radius zone to 7 miles Air Traffic Division Chief. Any data, directive: NW of the VOR; aria within 2 miles each views, or arguments presented dining de Havilland. Applies to Model 104 Dove side of the Timmerman VOR 214° radial, such conferences must also be submitted - . Series airplanes. extending from the 3-mile radius zone in writing in accordance with this notice Compliance required within 150 hours’ to 6 miles SW of the VOR, effective from in order to become part of the record for time in service after the effective date of 0600 to 2200 hours, local time daily. consideration. The proposal contained this AD. (3) Alter the Milwaukee, Wis., transi­in this notice may be changed in the light As a result of cracking of eye ends used tion area by redesignating it as that air­ of comments received. in the rudder and elevator trim tab "connect­ ing rod assemblies, accomplish the follow­ space extending upward from 700 feet The public docket will be available for ing unless already accomplished: above the surface within an 8-mile ra­ examination by interested persons in the (a) Remove eye ends, P/N’s CM.2A and dius of General Mitchell Field, Milwau­ office of the Regional Counsel, Federal CM.2B, and inspect for cracks visually or kee, Wis. (latitude 42°56'51" N., longi­ Aviation Agency, 4825 Troost Avenue, by use of other PAA-approved methods. tude 87°53'58"W.), within 8 miles E and Kansas City, Mo., 64119. (b) Replace cracked parts before further 5 miles W of the Milwaukee ELS Localizer This amendment is proposed under the flight. S course, extending froin the 8-mile ra­ authority of section 307(a) of the Fed­ (Hawker-Siddeley Aviation, de Havilland Di­ dius area to 12 miles S of the OM; within eral Aviation Act of 1958 (49 USC vision T.N.S. Dove (104) Series CT (104) 2 miles each side of the Milwaukee No. 1348). '■ :; ,r ,/v; No*. 187 or later ARB-approyed issues cover 2 ILS localizer W course extending from this same subject) the OM to 8 miles W of the OM; within Issued at Kansas City, Mo., on Sep­ a 5-mile radius of Horlick-Racine Air­ tember 21,1965. Issued in Washington, D.C., on Sep­ D onald S. K ing, tember 29, 1965.' port, Racine, Wis. (latitude 42°45'35" N., Acting Director, Central Region. C. W. W alker, longitude 87°48'55" N.) ; within an 8- Acting Director, riiile radius of Timmerman Airport, Mil­ [F.R. Doc. 65-10531; Filed, Oct. 4, 1965; Flight Standards Service. waukee, Wis. (latitude 43°06'40" N., 8:45 a.m.] longitude 88°02'05" W.) ; within 5 miles [FJt. Doc, 65-10530; Piled, Oct, 4, 1965; NE and 8 miles SW of the Timmerman 8:45 a.m.J VOR 337° radial,. extending from the 8-mile radius area to 12 miles NW of the FEDERAL COMMUNICATIONS I 14 CFR Part 71 ] VOR; and within 2 miles each side of the Timmerman VOR 214° radial, extending COMMISSION - [Airspace Docket No. 65-CE-121} from the 8-mile radius area to 14 miles I 47 CFR Parts 1, 17, 73 1 SW of the VOR; and within a 6-mile CONTROL ZONES AND TRANSITION [Docket No. 16030] AREA radius of Waukesha County Airport, Waukesha, Wis. (latitude 43°02'00" N., ANTENNA FARM AREAS Proposed Alteration longitude 88°14'00" W.) ; and that air­ space extending upward from 1,200 feet Order Extending Time for Filing Com­ The Federal Aviation Agency is con­ above the surface bounded on the N by ments and Reply Comments Re­ sidering amendments to Part 71 of the latitude 43°30'00" N.ion the É by longi­ garding Establishment and Use Federal Aviation Regulations which tude 87°00'00" Wi, on the S by latitude would alter controlled airspace in the 42°30'00" N., and on the W by longitude 1. The dates for filing comments and Milwaukee, Wis., terminal area. 88°30'00"W. reply comments in the above-captioned The Federal Aviation Agency is plan­ The proposed Control zone extensions proceeding are September 30, 1965 and ning to install an instrument landing would provide controlled airspace pro­ October 15, 1965, respectively. On Sep­ system which will serve Runway 7R at tection for aircraft executing the new tember 23, 1965, Midwest Radio-Televi­ General Mitchell Field, Milwaukee, Wis. approach procedures at the General sion, Inc., licensee of Television Station Concurrently with the completion of the Mitchell and Timmerman Airports dur­ WCCO-TV, Minneapolis, Minn., and Installation of this system, an instru­ ing descent below 1,000 feet above tiie Twin City Area Educational corp., li­ ment approach procedure will be estab­ surface. The transition area extensions censee of Educational Television Stations lished, utilizing this system. Also, an proposed herein would provide con­ KCTA-TV and KCTI-TV, St. Paul, additional approach procedure is being trolled airspace protection for aircraft Minn., filed a petition stating that they established for Timmerman Airport, executing the above procedures during are currently preparing comments on Milwaukee, Wi? descent from 1,500 to 1,000 feet above the the Commission’s proposal in this pro­ . The Federal Aviation Agency, having surface, ceeding but require a brief extension of completed a comprehensive review of The floors of the airways that traverse 1 week for completimi and filing of their the terminal airspace structural require­ thé additional transition areas proposed comments. ments in the Milwaukee, Wis., terminal herein would automatically coincide with 2. The Commission is of the view that area, as a result of the proposed instal­ the floors of the transition areas. the requested extension of time should lation of the instrument landing system Specific details of the new procedures be granted and accordingly: It is and the establishment of instrument ap­ upon which the action proposed herein ordered, This 27th day of September 1965, proach procedures, proposes the follow­ was based may be examined by contact­ that the time for filing comments is ex­ ing airspace actions: ing the Chief, Airspace Branch, Air Traf­ tended from September 30, 1965 to (1) Alter the Milwaukee, Wis. (Gen­ fic Division, Central Region, Federal October 7,1965, and for filing reply com­ eral Mitchell Field) control zone by re­ Aviation Agency, 4825 Troost Avenue, ments from October 15, 1965 to October designating it as that airspace within a Kansas City, Mo., 64110. 22, 1965. 5-mile radius of General Mitchell Field Interested persons, may submit such 3. This action is taken pursuant to au­ (latitude 42056'51" N., longitude 87°- written data, views or arguments as they thority found in sections 4(i), 5(d) (1) 63'58" W.) and within 2 miles each side may desire. Communications should be and 303 (r) of the Communications Act of the Milwaukee U S localizer, S course, submitted in triplicate to the Director, of 1934, as amended, and § 0.281 (d) (8) of extending from the 5-mile radius to the Central Region, Attention: Chief, Air tiie Commissiori’s rules. OM; and within 2 miles each side of the Traffic Division, Federal Aviation Agency, Released: September 30, 1965. Milwaukee No. 2 IIS localizer W course, 4825 Troost Avenue, Kansas City, Mo., extending from the 5-mile radius zone to 64110. All communications received F ederal Communications the OM, cr within 45 days after publication of this Com m ission, (2) Alter, the Milwaukee, Wis. (Tim­ notice in the F ederal R egister will be [seal] B en F. W aple, merman Airport) control zone by redes­ considered before action is taken on the Secretary. ignating it as that airspace within a 3- proposed amendment. No public hear­ [F.R. Doc. 65-10570; Filed, Òct. 4, 1965; mile radius of Timmerman Airport (lati­ ing is contemplated at this time, but 8:48 a.m.]

fEDERAL REGISTER, VOL. 30, NÒ. 192— TUESDAY, OCTOBER 5, 1965 12389 Notices

tion of sales with respect to brake drums 30 days, a determination will be made DEPARTMENT OF THE TREASURY imported from Canada, manufactured by that there are not, and are hot likely Atom-Otive Products Co., Rexdale, On­ to be, sales below fair value. Bureau of Customs tario, Canada, and that such fact is con­ This notice is published pursuant to [TJD. 56494] sidered to be evidence that there are not, S 14.7(b) (9) of the Customs Regulations and are not likely to be, sales below fair (19 CFR 14.7(b)(9)). CUSTOMHOUSE BROKERS value. [ seal] T rue D avis, Licenses in Reorganized Customs No persuasive evidence or argument to Assistant Secretary the contrary having been presented of the Treasury. Districts within 30 days of the publication of the S eptember 29,1965. above-mentioned notice in the F ederal [FJR. Doc. 65-10559; Filed, Oct. 4, 1965; 8:47 am .] By virtue of the authority vested in me R egister, I hereby determine that be­ by regulation of the Secretary of the cause of termination of sales, brake Treasury dated January 9,1953 (31 CFR drums from Canada, manufactured by 14.3; 18 FJR. 225) , with respect to the Atom-Otivé Products Co., Rexdale, On­ licensing of customhouse brokers, notice tario, Canada, are not being, nor likely DEPARTMENT OF THE INTERIOR is hereby given that a customhouse to be, sold at less than fair value within Bureau of Land Management broker presently licensed in a customs the meaning of section 201(a) of the collection district which is abolished un­ Antidumping Act, 1921, as amended (19 [Arizona 017533] der the reorganization of the customs U.S.C. 160(a)). field service by Treasury Department This determination and the statement ARIZONA Order No. 165-17 (30 F.R. 10913) shall be of the reason therefor are published pur­ Order Providing for Opening of suant to section 201 (c) of the Antidump­ deemed to be licensed in the newly Public Lands created customs district embracing the ing Act, 1921, as amended (19 U.S.C. entire area of the abolished district, ef­ 160(c)). S eptember 27, 1965. fective on the date that the creation of [seal] T rue D avis, 1. In an exchange of lands made under said district becomes effective under Assistant Secretary the provisions of section 8 of the act of Treasury Department Order No. 165-17. of the Treasury. June 28,1934 (48 Stat. 1269), as amended Where the area of a district in which [F.R. Doc. 65-10558; Filed, Oct. 4, 1965; June 26,1936 (49 Stat. 1976), the follow­ a customhouse broker is licensed is in­ 8:47 a.m.] ing described lands have been recon­ cluded in two or more new districts or veyed to the United States: certain ports in such district are being transferred to other districts, he shall be [Antidumping-AA 643.3-r] G ila and Salt R iver M eridian, Ariz. deemed to be licensed only in the newly PERCHLORETHYLENE SOLVENT T. 12 S., R. 29 E.r created customs district which embraces FROM FRANCE Sec. 31, lots 1, 2,3, and 4, and E&W&. the area in which his principal office is Notice of Intent To Discontinue In­ The area described aggregates ap­ located, effective on the date of the crea­ proximately 305.60 acres. tion of such new district. A broker who vestigation and To Make Deter­ 2. The lands are located in Cochise desires to continue operation in the mination That No Sales Exist Be­ other areas presently covered by his li­ County, approximately 4 miles east- cense shall apply in the usual form to the low Fair Value northeast of the town of Bowie. Topog­ S eptember 28, 1965. raphy is relatively flat to moderately Bureau through the office of the district sipping, cut by several intermittent shal­ directors concerned for a license to op­ Information was received on Novem­ low washes. The soil ranges from silty erate in the newly created districts ber 6,1964, that perchlorethylene solvent loam to sandy loam. Vegetation ^con­ which embrace such areas. Pending con­ imported from France, manufactured by sists of mesquite trees, creosote brush, sideration of such applications he will be Solvay & Cie, Paris, France, was being and a sparse understudy of perennial and permitted to transact customs business in sold at less than fair value within the annual grasses. those districts in which he has applied. meaning of the Antidumping Act, 1921, 3. No application for these lands will The fee of $150 prescribed by § 24.12 of as amended. be allowed under the homestead, desert the Customs Regulations (19 CFR 24.12) On March 8,1965, the Acting Commis­ land or any other nonmineral public shall not be required in such cases. sioner of Customs issued a withholding land law unless the lands have already [seal] Lester D .. J ohnson, of appraisement notice with respect to been classified as valuable, or suitable Commissioner of Customs. such merchandise which was published in the F ederal R egister dated March 12, for such type of application, or shall be [F.R. Doc. 65-10557; Filed, Oct. 4, 1965; 1965. so classified upon consideration of a 8:47 a.m.] Perchlorethylene solvent is used mainly petition-application. Any petition-ap­ as a commercial drycleaning compound plication that is filed will be considered and as a metal degreasing agent. on its merits. The lands will not be sub­ Office of the Secretary Promptly after the commencement of ject to occupancy or disposition until [Antidumping-AA 643.3-b[ the antidumping investigation, price re­ they have been classified. visions were made which eliminated the 4. This order shall become effective at BRAKE DRUMS FROM CANADA likelihood of sales below fair value. 10 a.m. on November 2, 1965. There appears to be no likelihood of a Determination of Sales at Not Less resumption of prices which prevailed be­ 5. Inquiries concerning these lands Than Fair Value fore such price revision. shall be addressed to the Bureau of Land Management, Arizona Land Office, 3022 September 28, 1965. In view of thè foregoing it appears that there are not, and are not likely Federal Building, Phoenix, Ariz., 85025. On August 3 ,1965, there was published to be, sales bejow fair value of perchlor­ in the Federal R egister a “Notice of In­ F red J. W eiler, ethylene solvent from France, manufac­ State Director> tent to Discontinue Investigation and to tured by Solvay & Cie, Paris, France. Make Determination That No Sales Exist Unless persuasive evidence or argu­ [F.R. Doc. 65-10534; Filed, Oct. 4, 1965; Below Fair Value” because of termina­ ment to the contrary is presented within 8:45 am .]

„ , FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 No. 192----- 5

) 126$or NOTICES

thority delegated under the Packers and SOUTH DAKOTA DEPARTMENT OF AGRICULTURE Stockyards Act, ^921, as amended (7 Consumer and Marketing Service U.S.C. et seq.), proposes to issue a rule Designation of Area for Emergency designating the stockyards named above Loans BEMIDJI SALES BARN, INC., ET AL. as posted stockyards subject to the pro­ visions of the act, as provided in section For the purpose of making emergency Posted Stockyards 302 thereof. , ; loans pursuant to section 321 of the Con­ Pursuant to the authority delegated Any person who wishes to submit solidated Farmers Home Administration under the Packers and Stockyards Act, written data, views, or arguments con­ Act of 1961 (7 UJS.C. 1961), it has been 1921, as amended (7 U.S.C. 181 et seq.),# cerning the proposed rule may do so by determined that in the hereinafter- on the respective dates specified below filing them with the Acting Chief, Bates named county in the State of South Da­ it was ascertained that the livestock and Begistrations Branch, Packers and kota a natural disaster has caused a need markets named below were stockyards Stockyards Division, Consumer and Mar­ for agricultural credit not readily avail­ within the definition of that term con­ keting Service, U.S. Department of Agri­ able from commercial banks, cooperative tained in section 302 of the act, as culture, Washington 25, D.Ç., Within 15 lending agencies, or other responsible amended (7 U.S.C. 202), and notice was days after publication hereof in the sources. given to the owners and to the public F ederal B egister. S o u th Dakota by posting notice at the stockyards as All written submissions made pursuant Sanborn. required by said section 302. to this notice shall be made available for Pursuant to the authority set forth Name and location of stockyard, and date of public inspection at such time and places above, emergency loans will not be made 0 posting in a manner convenient to the public in the above-named county after De­ business (7 CFB 1.27(b) ). Minnesota cember 31,1966, except to applicants who Bemidji Sales Barn, Inc., Bemidji, June 30, Done at Washington, D.C., this 27th previously received emergency or special 1965. day of September 1965. livestock loan assistance and who can Detroit Lakes Auction Market, Detroit qualify under established policies and K . A. P otter, procedures. Lakes, Aug. 21,1965. Acting Chief, Rates and Regis­ Mis s is s ip p i trations Branch, Packers and Done at Washington, D.C., this 30th Yazoo Livestock Auction, Yazoo City, Aug. Stockyards Division, Con­ day of September 1965. 21.1965. sumer and Marketing Serv­ New J ersey ice. O rville L. F reeman, Secretary. Flemington Agricultural Marketing Coop. [F.R. Doc. 65-10545; Filed, Oct. 4, 1965; Assn., Inc., Flemington, Sept. 9, 1965. 8:46 am .] [F A Doc. 65-10589; Filed, Oct. 4, 1965; 8:48 a.m.] N ew Mexico Portales Livestock Commission Co., Portales, Office of the Secretary June 7,1965. ARKANSAS Oklahom a MEAT IMPORT LIMITATIONS Watonga Livestock Auction, Watonga, Aug. Designation of Areas for Emergency Third Quarter Estimates 26.1965. „_ '• Loans v S o u th Dakota PJL. 86-482, approved August 22, 1964 Newell Stockyards, Inc., Newell, Sept. 10,1965. For the purpose of making emergency (hereinafter referred to as the act), loans pursuant to section 321 of the Con­ provides for limiting the quantity of Pone at Washington, D.C., this 27th solidated Farmers Home Administration fresh, chilled, or frozen cattle meat day of September 1965. Act of 1961 (7 U.S.C. 1961), it has been (TSUS 106.10) and fresh, chilled, or K. A. P otter, determined that in the hereinafter- frozen meat of goats and sheep, ex­ Acting Chief, Rates and Regis­ named counties in the State of Arkansas cept lambs (THUS 106.20) which trations Branch, Packers and a natural disaster has caused a need for may be Imported into the United States Stockyards Division, Con­ agricultural credit not readily available in any calendar year. Such lim­ sumer and Marketing Service, from commercial banks, cooperative itations to be imposed when it is esti­ lending agencies, or other responsible mated by the Secretary of Agriculture [F.R. Doc. 65-10544; Filed, Oct. 4, 1965; sources. 8:46 am .] that imports of such articles in the ab­ Arkansas sence of limitations during such calendar Arkansas. Lawrence. year, would equal or exceed 110 percent DECATUR LIVESTOCK AUCTION Ashley. Lee. of the estimated quantity of such arti-^ Chicot. Lincoln. cles prescribed by section 2(a) of the ET AL, Clay. Lonoke. Craighead. Mississippi. act. Proposed Posting of Stockyards Crittenden. Monroe. In accordance with the requirements The Acting Chief, Bates and Registra­ Cross. Phillips. of the act the following third quarter tions Branch, Packers and Stockyards Desha. Poinsett. estimates are published: Drew. Prairie. Division, Consumer and Marketing Serv­ Greene. Randolph. 1. The estimated aggregate quantity ice, U.S. Department of Agriculture, has Jackson. St. Francis. of such articles which would, in the ab­ information that the livestock markets Jefferson. Woodruff. sence of limitations under the act, be im­ named below are stockyards as defined Pursuant to the authority set forth ported during calendar year 1965, is 630 in section 302 of the Packers and Stock- million pounds. yards Act, 1921, as amended (7 U.S.C. above, emergency loans will not be made in the above-named counties after June 2. The estimated quantity of such arti­ 202), and should be made subject to the 30, 1966, except to applicants who pre­ cles prescribed by section 2(a) of the act provisions of the act. viously received emergency or special during the calendar year 1965, is 848.7 Decatur Livestock Auction, Decatur, Ark. livestock loan assistance- and who can million pounds. Holland Valley Sales, Holland, N.Y. qualify under established policies and Since the estimated quantity of im­ Southern Indiana livestock Exchange, Inc., procedures. Scottsburg, Ind. ports does not equal or exceed 110 per­ Laramie Livestock Exchange, Inc., Laramie, Done at Washington, D.C., this 30th cent of the estimated quantity prescribed Wyo. day of September 1965. by section 2(a) of the act, no limitations Ledford Livestock Co., Inc., d/b/a Mississippi for the calendar year 1965 on the impor­ Livestock Yards, Laurel, Miss. O rville L. F reeman, Secretary. tation of fresh, chilled, or frozen cattle Notice is hereby given, therefore, that [FJEt. Doc. 65-10588; Filed, Oct. 4, 1965; meat (TSUS 106.10) and fresh, chilled, the said Acting Chief, pursuant to au­ 8:48 am .] or frozen meat of goats and sheep

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 NOTICES iz

(106.20), are authorized to be imposed (FAP 6B1831) has been filed by Eastman pursuant to P.L. 88—482. DEPARTMENT OF HEALTH, EDU­ Chemical Products, Inc., Kingsport, Tenn., 37660, proposing that paragraph Done at Washington, D.C,, this 30th (b) (2) of § 121.2526 Components of day of September 1965. CATION, AND WELFARE paper and paperboard in contact with O rville L. F reeman, Food and Drug Administration aqueous and fatty foods be amended by Secretary. inserting in the list of substances, the CANNED SLICED CARROTS DEVIAT­ IF.R. Doc. 65-10587; Filed, Oct. 4, 1965; item “Polyethylenemaleic anhydride co­ 8:48 a.xu.] « ING FROM IDENTITY STANDARD polymer.” Notice of Temporary Permit for Dated; September 29,1965. Market Testing M alcolm R . S tephen s, - ATOMIC ENERGY COMMISSION Assistant Commissioner [Docket No. 50-243] Pursuant to § 10.5, Title 21, Code of Federal Regulations, concerning tempo­ for Regulations. OREGON STATE UNIVERSITY rary permits for market testing foods [F.R. Doc. 65-10564;. FUed, Oct. 4, 1965; deviating from the requirements of 8:47 aan.] Notice of Application for Utilization standards of identity promulgated by Facility License authority of section 401 of the Federal Please take notice that Oregon State Food, Drug, and Cosmetic Act, notice is Office of Education University, under section 104c cf the given that a temporary permit has been issued to Libby, McNeill, and Libby, 200 FEDERAL FINANCIAL ASSISTANCE IN Atomic Energy Act of 1954, has sub­ CONSTRUCTION OF NONCOM­ mitted an application for a license to South Michigan Avenue, Chicago, 111,, construct and operate a TRIGA Mark n 60604, to cover interstate marketing tests MERCIAL EDUCATIONAL TELEVI­ nuclear reactor for education and re­ of canned sliced carrots with an added SION BROADCAST FACILITIES seasoning constituent containing butter search on the University’s campus at Notice of Acceptance of Applications Corvallis, Oreg. A copy of the applica­ and propylene glycol alginate, ingredi­ tion is available for public inspection in ents not provided for in the standard (21 for Filing the AEC Public Document Room located CFR 51.990). The labels will name all Notice is hereby given that effective at 1717 H Street NW., Washington, D.C. the ingredients used and include the with this publication the following de­ statement “Seasoned with butter.” scribed applications, for Federal finan­ Dated at Bethesda, Md., this 28th day This permit expires September 15, of September 1965. cial assistance in the construction of 1966. noncommercial educational television For the Atomic Energy Commission. Dated: September 28,1965. broadcast facilities are accepted for filing R . L. D oan, in accordance with 45 CFR 60.7 ; G eo. P. L arrick, University of Hawaii, 1801 University Director, Commissioner of Food and Drugs. Division of Realtor Licensing. Avenue, Honolulu, Hawaii, File No. 113, [F.R. D»c. 65-10562; Filed, Oct. 4, 1965; for the establishment of a new noncom­ [F.R. Doc. 65-10525; FUed, Oct. 4, 1965; 8:47 a.m.] mercial educational television station on 8:45 a.m.] Channel 11, Honolulu, Hawaii. [Docket No. 115-4] Florida Central East Coast Educa­ ARMOUR AND CO. tional TV Inc., 2908 West Oak Ridge COMBUSTION E N G IN EE R IN G , IN C, Notice of Filing* of Petition for Food Road, Orlando, Fla., File No. 114, to AND PUERTO RICO WATER RE­ Additive Acetylated Monoglycerides expand the operation of the noncom­ SOURCES AUTHORITY mercial educational television station on Pursuant to the provisions of the Fed­ Channel 24, Orlando, Fla. Notice of Order Extending Expiration eral Food, Drug, and Cosmetic Act (sec. Any interested person may, pursuant 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Date of Provisional Operating Au­ to 45 CFR 60.8, within 30 calendar days (b)(5)), notice is given that a peti­ from the date of this publication, file thorization tion (FAP 6A1854) has been filed by comments regarding the above applica­ Please take notice that the Atomic En­ Armour & Co., 1015 National Press Build­ tions with the Director, Educational ergy Commission has issued an order ing, Washington, D.C., 20004, proposing Television Facilities Program, U.S. Office extending to June 30, 1966, the expira­ that § 121.1018 Acetylated monoglycer­ of Education, Washington, D.C., 20202. tion date specified in Provisional Op­ ides be amended to eliminate the require­ (76 Stat. 64,47 U.S.C. 390) erating Authorization No. DPRA-4 issued ment for subsequent molecular distilla­ jointly to Combustion Engineering, Inc. tion in the preparation of the additive R aymond J. S tanley, and the Puerto Rico Water Resources having a Reichert-Meissl value of 75- Director, Educational Television Authority, authorizing operation at 150 and an acid value of less than 6 Facilities Program, Office of thermal power levels up to 50 megawatts when manufactured by the interesteri­ Education. of the Boiling Nuclear Superheater fication of edible fats with triacetin in [F.R. Doc. 65-10560; Filed, Oct. 4, 1965; (BONUS) Power Station at Punta the presence of catalytic agents. 8:47 a.m«] Higuera, P.R. s ■ > Dated: September 29,1965. .Copies of the Commission’s order and the application dated September 17,1965, M alcolm R . S tephens, filed by Combustion Engineering, Inc., Assistant Commissioner CIVIL AERONAUTICS BOARD and the Puerto Rico Water Resources for Regulations. [Docket No. 16298; Order E-22709 ] Authority are available for public inspec­ [F.R. Doc." 65-10563; Filed, Oct. 4, 1965; tion at the Commission’s Public Docu­ 8:47 a.m.] BRANIFF AIRWAYS, INC. ment Room, 1717 H Street NW., Wash­ ington, D.C. Order Denying Reconsideration Adopted by the Civil Aeronautics Dated at Bethesda, Md., this 29th day EASTMAN CHEMICAL PRODUCTS, INC. Board at its office in Washington, D C., of September 1965. on the 29th day of September 1965. For the Atomic Energy Commission. Notice of Filing of Petition for Food By petition filed July 15, 1965, Trans Additives International Airlines, Inc. (TIA) re­ R . L. D oan, quested the Board to reconsider Order Director, Pursuant to the provisions of the Fed­ E-22385 (June 30, 1965) insofar as it Division of Reactor Licensing, eral Food, Drug, and Cosmetic Act (sec. grants an exemption to Braniff Airways, • [FU. Doc. 65-10526; Filed, Oct. 4, 1965; 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Inc. (Braniff) . from the requirements of 8:48 am .] (b) (5) ), notice is given that a petition section 401 and/or 403 of the Federal

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5 , 1965

( 12692 NOTICES

Aviation Act of 1958 for fiscal year 1966 purchased one jet aircraft in connection received from military sources by the to perform charter services in the Pacific with the MATS modernization program supplemental carriers. under contract with the Military Air while the second was purchased without We regard the basic issue to be the Transport Service (MATS). express or implied commitment from De­ matter of carrier selection for MATS TIA in support of its objection to the fense; that the option provision in MATS charters. This matter relates to the exemption granted Branifif and petition contracts in the three-year procurement responsibility of Defense for maintain­ for reconsideration relies on a policy fa­ cycle is a right to the government and ing the strongest defense posture. The voring continuation of supplemental car­ the government is not bound to extend general policy established by Defense is riers as a class. This, TIA argues, re­ any contract, as is manifested when to úse the certificated combination car­ quires as an interim policy1 to enable MATS in fiscal 1966 declined to exercise riers in their normal areas of operation. the supplemental carriers to survive, that the option and extend the contracts of The Board has supported this policy. all existing sources of revenues avail­ two carriers; that TIA’s proposal is in However, when Defense has seen fit to able to the supplemental carriers should effect a system of “first refusal” for contract with carriers outside of their be conserved. It points out that in 1963 MATS charter operations, which the normal operating areas, the Board has almost 76 percent of the supplémentais’ Board dealt with in ER-422,® and which granted the necessary authority.4 revenues originated in military contract proposal Defense opposes because it Part 207 of the Economic Regulations and charter operations and that the would destroy the responsiveness and restricts the volume of off-route civil problem is particularly acute for carriers flexibility required for Defense opera­ charters that may be performed by the like TIA which equipped themselves with tions; that TIA was unable to perform certificated combination carriers, in jet equipment conforming to Defense di­ all expansion flights tendered by MATS order to prevent undue dilution'of the rectives requiring equipment moderniza­ in fiscal 1965 and again in fiscal 1966; revenues available for supplemental car­ tion. It contrasts its jet acquisitions to and concludes that rescission of the ex­ riers. Nonetheless, the preamble to meet military requirements with a belief emption granted to Braniff would be con­ Part 207 (ER-419, September 18, 1964) that Braniff’s jet purchases are on the trary to the interest of national defense is explicit that military charters are ex­ basis of commercial needs. TIA cites and requests that the petition for recon­ empted from those restrictions in order recent Congressional hearing testimony sideration be dismissed. to give Defense the flexibility it needs to of the Secretary of Defense indicating a In its answer in opposition to the peti­ meet its airlift requirements by civil car­ probable phasing out of commercial op­ tion for reconsideration, .Braniff alleges rier augmentation and maintain the best erators’ participation in MATS carriage that its diversion of MATS revenues is possible defense posture. The Board, and points out that the introduction of minute when compared with supplemen­ while encouraging Defense to make use new carriers in MATS operations will di­ tal carrier revenues; that the argument of the süpplemental carriers on an equi­ lute seriously the already dwindling allo­ that Braniff’s exemption should be with­ table basis consistent with their contribu­ cation of MATS transportation to the drawn as a precedent harmful to the sup­ tion to the mobilization base, has not supplémentais, which already is mani­ plemental carriers in effect suggests the attempted to influence the selection of fested in the recent new participation of Board would be controlled by fear of contractors in the past nor the amount Continental. HA alludes to the fact some future mistake in applying a pres­ of award to a given contractor. Nothing that MATS contract work normally in­ ent ruling in such a way as to be disrup­ here presented persuades us to change volves a three-year contracting cycle, tive of the supplemental carrier industry, this policy, particularly in view of MATS’ that fiscal year 1966 is the second year an argument the Board should not ac­ current requirements for civil airlift. of the current cycle, and claims that the cept and has not in the past; that TIA’s We cannot conclude that the considera­ introduction of Braniff in the middle of a fundamental complaint is with the tions advanced by TIA outweigh the cycle sets an unwholesome precedent, MATS policies which ^ed to Braniff’s public interest in the broadest possible which, if permitted, will further reduce contract and that the proceeding is in­ mobilization base. the supplémentais’ revenue opportuni­ appropriate for resolution of this matter; Braniff qualifies for an exemption to ties. TIA proposes that new carriers be that Braniff’s exemption meets the cri­ perform its contract, meeting all Board introduced into the MATS program Only teria established by the Board for de­ criteria expressed in § 399.16 for exemp­ if existing MATS participants are first ciding military exemptions; that TIA’s tion for transportation of persons and/ offered the required operations under the proposed freeze on the opportunity for or property in foreign operations under expansion provisions of their contracts certificated carriers to participate in op­ agreement with MATS. and they are not available. In conclu­ erations now available to supplemental Accordingly, pursuant to sections 204 sion, TIA states, even though the con­ would frustrate DOD national defense (a) and 416(b) of the Federal Aviation tract is between Defense and Braniff, the determination concerning expanded air­ Act of 1958, matter is not out of the Board’s hands lift requirements; the fact that MATS It is ordered, th at: because Braniff needs relevant authority has no obligation to employ Braniff’s new The petition for reconsideration by from the Board, which the Board can jet aireraft undercuts TIA’s claim that Trans International Airlines, Ine. in this deny due to overriding public interest Braniff’s exemption constitutes a threat docket be, and it hereby is, denied. considerations and that the public inter­ to the supplemental; that TTA’s right of est considerations outweigh the grant to first refusal concept was rejected by the This order will be published in the Braniff of an exemption. Board as recently as September 1964, in F ederal R egister. On July 26, 1965, opposing TIA’s peti­ connection with amendments to Part By the Civil Aeronautics Board. tion, answers were filed by the Depart­ 207 of the Economic Regulations. [seal] H arold R. Sanderson, ment of Defense and Braniff. Defense The principal thrust of TTA’s petition Secretary. avers that no particular carrier or type for reconsideration is that the national of carrier has a vested right in MATS interest favors continuation of the sup­ [F.R. Doc. 65-10566; Filed, Oct. 4, 1965; airlift to the exclusion of any other qual­ plemental carriers as a class and that 8:47 a.m.] ified carrier; that a prime consideration fulfillment of this objective requires the in the award of MATS contracts is the Board, at least as an interim policy pendr. [Docket No. 15366, etc.] amount of potential expanded airlift ca­ ing final disposition of the charter and pability that will be available to the gov­ supplemental service proceedings,8 to SIOUX CITY-DENVER SERVICE CASE ernment; that the encouragement to exclude new participation by certificated modernize fleets was predicated on the combination carriers in MATS foreign Notice of Hearing basis of sound company management charters in order to. protect the revenues Notice hereby is given, pursuant to the and anticipated civil revenue rather than provisions of the Federal Aviation Act of dependence upon the military; that TIA a Amendment No. 1 to P art 207, adopted 1958, as amended, that a hearing in the October 9, 1964. P art 207 (Regulation No. above-entitled proceeding will be held on 1 Pending resolution of the ReopenedER—419, 29 F.R. 13246) was reissued Septem­ «Transatlantic Charter Case (Docket 11908) ber 18, 1964, and relates to the Board’s reg­ «In fiscal 1965, Continental and Trans and the Supplemental Air Service Proceeding ulation of charter services. Caribbean were authorized to operate in the (Docket 13795). * Footnote *, supra. Pacific area.

FEDERAL REGISTER, VOL. 30> NO. 192— TUESDAY, OCTOBER 5, 1965 NOTICES 12693

March 7, 1966, at 10 a.m. (local time) in practice and procedure (19 CFR 203.3) Channel No. Room 726, Universal Building, 1825 Con­ a preliminary inquiry with respect to the necticut matters alleged in the said complaint, Avenue NW., Washington, D.C. Delete Add before the undersigned Examiner. the United States Tariff Commission, on For further information regarding the the 28th of September, ordered: Crawford Bay, 5. Issues involved herein, interested persons (1) That, for the purposes of section British Columbia. may refer to the various orders of the 337 of the Tariff Act of 1930, an inves­ Kamloops, British 6+ (limitation to Columbia. protect CHEK- Board, the prehearing conference report, tigation is instituted with respect to the T V, Channel 6, and other documents in this matter, aforementioned alleged violations in the Victoria, British which are on file in the Docket Section of importation and sale in the United States Columbia). Nelson, British 9 (limited 9 (limited l.37kw the Civil Aeronautics Board. of the said hearing aids Columbia. ikw and and 1400' to pro- Notice is further given that any per-/ (2) A public hearing in connection O'). tect Channel 9, Kalis pell, Mont.). son not a party of record desiring to be with the said investigation to be held Do______6 3+ (limitation to heard in this proceeding must file with in the Hearing Room of the Tariff Com­ protect Channel 3, Burmis, Al­ the Board on or before February 21,1966, mission Building, Eighth and E Streets berta). a statem ent setting forth the propositions NW., Washington, D.C., beginning at 10 Dauphin, Mani- 12— (limited 200kw am., e.s.t„ on the 7th of December, at toba. and 500' to protect of fact or law that he désires to advance. Channel 12+ (L) which hearing all parties, concerned will at Wynyard, Sas­ Dated at Washington, D.C., September be afforded an opportunity to be present, katchewan). 28,1965. : Fisher Branch, 10+ (limited 200kw to produce evidence, and to be heard Manitoba. and 000' to protect [seal] E dward T. S todola, concerning the subject matter of the CBWAT-5, Chan­ nel 10— at Red Hearing Examiner. investigation. Lake, Ontario). The Commission does not at this time Manitouwadge, 9. [F.R. Doc; 65-10567; Filed, Oct. 4, 1965; recommend that a temporary order of Ontario. 8:47 a.m.] 2+ (limitation to exclusion be Issued. protect WGR-TV, Public notice of the receipt of the Channel 2, Buffalo, N.Y.). aforesaid complaint was published in the 13+. TARIFF COMMISSION F ederal R egister for July 9, 1965 (30 5 (limited 310 watts F.R. 8739), and in the Treasury Deci­ maximum radiated {887-20} power with sub- sions for July 8, 1965, and the said mitted directional amended complaint has been available antenna pattern IN-THE-EAR HEARING AIDS and 149' to protect for inspection by interested persons con­ WPTZ-TV, Chan­ Notice of Investigation and Date of tinuously since issuance of the notice, nel 5, North Pole, N.Y„ and Hearing at the Office of the Secretary located in WHEN-TV, the Tariff Commission Building, and also Channels—, A complaint was filed with the Tariff in the New York City Office of the Com­ Syracuse, N.Y.). Commission June 15,1965, and amended Sarnia, Ontario. -__ 40 3a mission located in Room 437 of the Cus­ Windsor, Ontario... 38 26. on September 3 and September 21, 1965, tomhouse. Huntsville, Ontario. 8+ (limitation to by Dahlberg Electronics, Inc., of Min­ protect CKNX- Interested parties desiring to appear TV, Channel 8—, neapolis, Minn., alleging unfair methods and give testimony at the hearing should Wineham, Ontario, of competition and unfair acts in the and WROC-TV, importation of in-the-ear hearings aids notify the Secretary of the Commission Channel 8, in writing at least 5 days in advance of Rochester, N.Y.). into the United States, or in their sale Montreal, Quebec_ 15+ 14. by the owner, importer, consignee, or the opening of the hearing. Port Aiberni, 3+ (limitation to British Columbia. protect Channel agent of either, the effect or tendency Issued: September 30, 1965. 3, Chilliwack, of which is to destroy or substantially British Columbia). By order of the Commission. Kelowna, British 5— (limitation to injure an industry, efficiently and eco­ Columbia. protect CFCR- nomically operated, in the United States [ seal] D onn N. B ent, TV-6, Channel 5, in violation of the provisions of section Secretary. Mount Timothy, ' British Columbia; 337 of the Tariff Act of 1930 (19 U.S.C. [F.R. Doc. 65-10553; Piled, Oct. 4, 1965; and Channel 5, 1337). Complainant alleges, inter alia, 8:47 am .] Crawford Bay, British Columbia). that Fidelity Electronics, Ltd., Inc., of Crawford Bay, S 5 (limited to lkw Chicago, HI.: British Columbia. ERP and 100'). Claresholm, 6— (limitation to (a) Has willfully and deliberately re­ Alberta. protect Channel quested and induced a foreign manufac­ 6, Crawford Bay, turer to produce for importation into the FEDERAL COMMUNICATIONS British Columbia). United States a substantially identical copy of Dahlberg’s Miracle Ear in-the- COMMISSION [Supp.3] Further amendments to Table A will ear hearing aid, an article on which be issued as public notices in the form Dahlberg holds United States Letters TELEVISION WORKING of numbered supplements. Patent 3,197,576 and 3,197,577 and ARRANGEMENT United States Letters Patent Design F ederal Communications 200,858; m Allocation of VHF Broadcast Stations C om m ission, (b) Has contacted its various dealers [ seal] B en F . W aple, and has attempted to induce them, in September 30,1965. Secretary. many instances successfully, to adver­ Amendment of Table A of the 1961 [F.R. Doc. 65-10571; Piled, Oct, 4, 1965; tise for sale and sell this imported hear­ Working Arrangement for allocation of 8:48 a.m.J ing aid; and VHF television broadcast stations under (c) Has copied^Dahlberg’s literature the Canadian-U.SA.. Television Agree­ and sales promotional material in an ment of 1952; supplement No. 3. {Docket Nos. 16209, 16210; FOC 65-857] effort to promote their imported hearing Pursuant to an exchange of cor­ ELYRIA-LORAIN BROADCASTING CO. aid and has falsely represented as dealers respondence between the Department of ET A t. is in Fidelity products certain hearing aid Transport of Canada and the Federal ocalers which it knows do not deal in Communications Commission, Table A, Memorandum Opinion and Order Fidelity products and which in fact are Annex 1 of the Television Working Ar­ Designating Applications for Con­ dealers of the complainant. rangement under the Canadian-U.S.A. solidated Hearing on Stated Issues con<*ucted in accordance with Television Agreement has been amended In re applications of Elyria-Lorain § 203.3 of the Commission’s rules of as follows: Broadcasting Co., Docket No. 16209, File

FEDERAL REGISTER, VOL. 30, N O . 192— TUESDAY, OCTOBER 5, 1965 12694 NOTICES

Nos. BR-2173, BRH-571, for renewal of 1960. Throughout this period the li­ and that Mr. Schoepfie allegedly made licenses of stations WEOL AM and PM, censee never had more than 100 stock­ an announcement at the Elyria Country Elyria, Ohio; and Loren M. Berry Foun­ holders, and in the compilation of data Club in 1958 that Lorain County Print­ dation (Transferor), and the Lorain for its ownership reports (PCC Forms ing was the new owner of WEOL. County Printing & Publishing Co., 323) the licensee should have realized 8. We find that some of the petitioner’s (Tranferee), Docket No. 16210, File No. that 50 percent of its stock was passing allegations, which are based on hearsay, BTC-4707, for transfer of control of to newcomers, and that in accordance are insufficient to require a hearing, but Elyria-Lorain Broadcasting Co. with the instructions on the ownership we find that on the basis of certain alle­ 1. The Commission has before it (a) reports the licensee should have sought gations and the information filed by the the above-captioned applications; (b) a prior Commission consent before more applicants that there are such sub­ petition to deny the application for than 50 percent of the stock passed to stantial factual questions remaining transfer of control, filed on December newcomers. Although we cannot con­ about a possible unauthorized de facto 28, 1964, by the Lorain Journal Co;;1 done this violation of section 310(b) of transfer of control that a hearing is and (c) pleadings responsive thereto.2 the Communications Act, particularly necessary. In view of the facts that 2. The petitioner alleges that an un­ since the licensee filed no application for Lorain County Printing now owns 46.9 authorized transfer of control of Elyria- transfer of control until over 3 years percent of WEOL; • that Otto Schoepfie, Lorain Broadcasting occurred when 50 had elapsed since 50 percent of the stock the president of Lorain County printing, percent of the stock of the licensee’s had gone to newcomers, we possibly has been president of the WEOL licensee stock went to newcomers ; that there has could give our consent, without further since April 1958, with concomitant ex­ been an unauthorized transfer of de facto action, to this unauthorized transfer of ecutive powers over finances, employ­ control of Elyria-Lorain Broadcasting 50 percent of the licensee to newcomers ment, and programing; that none of the to Lorain County Printing & Publishing (cf. Pacifica Foundation, 1 RR 2d 747 other stockholders appear to have taken Co.; that Lorain County Printing has (1963)) unless we found that there were an active role in the management of been operating in violation of its cor­ questions of deliberate concealment of WEOL in recent years;8 that 4 of 10 porate authorizations, and that the the transfer or that accompanying this present directors and 4 of 6 present offi­ trustee who holds the majority of the unauthorized transfer of control there cers of WEOL appear to have some links stock of Lorain County Printing is op­ was also a shift of control (de jure or de with Lorain County Printing; 7 and that erating in violation of governing laws, facto) to or from some group in privity, the Code of Regulations of the WEOL with resultant questions about legal and because of family, business, or other re­ licensee appears to provide that a ma­ character qualifications; that the fiduci­ lationships, or that some of the new­ jority of the stockholders8 or a majority ary duties of this trustee are inconsistent comers had some characteristics that of directors * can constitute a quorum with the obligation to operate the station had an important bearing on the qualifi­ for those respective groups, we believe in the public interest; and that a grant cations of the licensee. that a substantial question of de facto of the renewal and transfer applications 6. We find that the failure to file an control by Lorain County Printing now would be contrary to the public interest. application for a transfer of 50 percent exists, and that a hearing is necessary to 3. In its opposition to the petition, of the stock of the WEOL licensee to determine whether such de facto control Elyria-Lorain Broadcasting maintains newcomers was an important omission does exist, and, if so, whether any such that Commission policy and precedent in the case of WEOL, because (1) the control was the result of a deliberate did not require prior consent before 50 ownership interest of the only local design to assume unauthorized control percent of the licensee’s stock passed to newspaper in the only local stations was or was accompanied by misrepresenta­ newcomers and that any failure of the a characteristic which could have had a tions or attempts to deceive this Com­ licensee to seek any required consent was bearing on the qualifications of the li­ mission so as to warrant sanctions such inadvertent and due to a reasonable censee; and (2) for the reasons given as those imposed in WWIZ, Inc., 2 R.R. misinterpretation of Commission regula­ below, we believe that a question of a 2d 169. tions; and also denies all the other possible de facto transfer of control has 9. We recognize that the facts devel­ allegations of the petitioner. been raised. oped in a hearing may show a violation 4. As we stated when we set aside the 7. The petitioner alleges that there previous grant of the transfer applica­ was a shift of de facto control to Lorain application that it owed $375,000 to ES & T. tion, the petitioner, as publisher of the County Printing when that company first It claims that ES & T is linked to Elyria- Lorain Journal is a party in interest in acquired 25.3 percent of Elyria-Lorain Lorain Broadcasting because the licensee owns stock in ES & T; R. F. Fitch, a director, regard to this application for the acquisi­ Broadcasting on April 1,1958.® To sub­ the treasurer, and 0.98 percent stockholder of tion of the Elyria stations by the Elyria stantiate this conclusion, the petitioner Elyria-Lorain Broadcasting is president, and newspaper, in view of the fact that both alleges that shortly after Lorain County a director of ES & T; and Elyria-Lorain the stations and the newspaper compete Printing’s purchase of 25.3 percent of Broadcasting’s studios are in a building directly with the Lorain Journal for ad­ the licensee in 1958, Otto B. Schoepfie, owned by ES & T. vertising revenues. the president of Lorain County Printing B Otto Schoepfie, the president of Lorain County Printing, owns an additional 0.328 5. Elyria-Lorain Broadcasting con­ was named as a director and the presi­ percent. Two other individuals who appear cedes that by December 12, 1960, over 50 dent of Elyria-Lorain Broadcasting, with to have some links with Lorain County percent of its stock had been transferred resultant powers derived from those Printing own an additional 1.181 percent to newcomers upon whose qualifications offices; that Robert H. Rice, a director (R. J. Fitch, the president of the bank which is the transferee’s largest creditor and in the Commission had not passed. These and the secretary of Lorain County whidh Schoepfie and Elyria-Lorain Broad­ newcomers had acquired their stock Printing, was once an attorney for casting own stock, owns 0.984 percent and through a series of relatively small Elyria-Lorain Broadcasting; that Lorain Bartlett Tyler an employee of WEOL, re­ transfers, over the period from 1947 to County Printing was in a position to in­ sponsible to Sehoepfle, owns 0.197 percent). fluence E ly ria-L o rain Broadcasting 6 The Loren M. Berry Foundation, the 1 On July 27, 1964, the petitioner had filed through interlocking links with the present transferor, is the second largest a petition to deny the renewal application stockholder with 13.1 percent. T he next and to reconsider a previous grant of the Elyria Savings and Trust Co. (ES & T) ; * largest of the 37 stockholders respectively transfer application. On Oct. 14, 1964, the own 5.25 percent, 4.33 percent, and 3.66 Commission set aside the grant of the trans­ 3 At the present time Loraine Countypercent. All b u t 2 of the 10 officers and fer Application, Elyria-Lorain Broadcasting Printing owns 46.9 peroenit of the stock of directors of the licensee are minority stock­ Co., 3 RR 2d 717. All the issues raised in the Elyria-Lorain Broadcasting and its president, holders, b u t we now have ho evidence ox previous petition are raised in the present Otto B. Schoepfie, owns an additional 0.328 any active group or individual who has petition to deny the transfer application and percent. recently challenged Lorain County Printing s are considered in this Memorandum Opinion * Petitioner alleges that Lorain County dominant position. . and Order. . Printing is linked with ES & T through the 7 These 4 are in both cases Schoepfie, Fitcn, 2 Also pending is a “pre-sunrise” petition facts that Mr. Schoepfie is a director and Tyler, and Paul Nakei (who is an employee against the WEOL renewal application filed “reportedly” the largest stockholder of ES & of WEOL) . by WBEN, Inc., the licensee of Station WBEN, T; th a t Mr. Rice is a director of ES & T; and 8 Article n , section 6. Buffalo, N.Y. that Lorain County Printing reported in the 8 Article IV, section 4.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 NOTICES 12695 of section 310 (b) of the Communications published In Medina, Ohio.11 Elyria, a nighttime RSS interference level of Sta­ Act for which a forfeiture, imposed under city of approximately 43,700, appears to tion WBEN from approximately 1.87 mv/ section 503(b) of the Communications have substantial political, social, and m to approximately 3 mv/m contour. Act, would be a more appropriate sanc­ economic interests distinct from those of The licensee has not disputed these alle­ tion than denial of the renewal applica­ neighboring communities. The appli­ gations, nor has it made an effort to re­ tions, and, consequently, we are advising cants have made a showing which indi­ solve the problems by any of the methods the licensee that this order will serve as cates that Elyria receives circulation suggested in the Commission’s public no­ a notice of apparent liability issued pur­ from the only other daily paper in its tice adopted March 4,1964 (FCC 64-291). suant to section 503 (b) (2) of the act. county (Lorain County) and freon Cleve­ 16. Accordingly we are granting 10. The remaining allegations of the land papers, and receives broadcast sig­ WHEN'S petition. Should we adopt new Lorain Journal concern the propriety of nals from WWIZ, Lorain, the only other rules concerning presunrise operation the operation of Lorain County Printing broadcast station in the county,12 and pursuant to Docket No. 14419 prior to the in view of alleged violations of that com­ from Cleveland stations, but it has not conclusion of this WEOL hearing, which pany’s corporate authorization and of shown that these media pay significant would permit presunrise operation by the trust agreement under which 99 per­ attention to the affairs of Elyria. Station WEOL mi some qualified basis, cent of the stock of Lorain County Print­ 13. With regard to the question of con­ the licensee may, of course, request what­ ing is held in trust. The petitioner al­ centration of control, it will be important ever rights that might be given it by leges that Lorain County Printing has to consider, among other things, the ad­ these new rules. used an unauthorized name; that it vertising practices of the stations and 17. Since the first issue listed below issued a different number of shares newspapers, with particular regard to m a y involve serious misconduct, and with different paj values from that au­ any joint rates of discounts; the present since it is being raised upon a petition thorized by the corporate charter; and and proposed staffs of the stations and to deny, the petitioner will be expected to that a board of managers for which the newspapers, with particular regard to proceed with the initial introduction of corporate bylaws provide has not been any employees, officers, or directors of evidence on this issue. See D and E appointed. In regard to the trust, the the stations who are employees, officers, Broadcasters, Inc., 5 RR 2d 475 (1965). petitioner alleges that certain distribu­ or directors of the newspapers; the ex­ However, in view of the facts that the tions of the corpus were not made when tent to which the stations and news­ principal information concerning con­ the beneficiaries attained a specified age papers rely on the same sources for ma­ trol of the licensee is peculiarly within and certain conditions were met; and terial for broadcast or publication; the the knowledge of the applicants and that that the trustee had not made certain national, state, and local political dis­ the question concerns their use of broad­ required accountings. Also, the peti­ tricts served by the stations and news­ cast facilities, they will have the burden tioner alleges that the fiduciary duties papers; the market areas served respec­ of proof on this issue. In view of the of the trustee to operate for the best in­ tively by the stations and newspapers; fact that the applicants must demon­ terests of those beneficially interested the other broadcast and media services strate that a grant of any of the appli­ “* * • is in direct conflict with the available to the areas in question, with cations would not result in concentration statutory requirement that WEOL and particular regard to (a) the amount of of control of mass media contrary to the WEOL-FM be operated in the public in­ coverage these other services devote to public interest, the applicants will have terest.” local affairs of the communities primarily the burden of proof in regard to the sec­ 11. In view of the facts that Lorain served by the applicant’s stations and ond issue listed below. County Printing has shown that changes newspapers and (b) the extent to which Accqrdingly, it is ordered, That, pur­ in the corporate authorizations allow the these other services compete with the suant to sections 309(e) and 503(b) (2) corporate procedures to which the peti­ applicant’s stations and newspapers for of the Communications Act of 1934, as tioner objected; that Lorain County advertising revenues; and such other amended, the above-captioned applica­ Printing has submitted an opinion from facts as will tend to demonstrate that tions are designated for hearing, at a Ohio counsel which states that the con­ the operation of WEOL AM and PM by time and place to be specified in a sub­ duct of the trustee was proper under the Lorain County Printing will or will not sequent order, upon the following issues; Ohio law which governed the trust; 10 result in concentration of control over 1. To determine whether the Lorain and that the fiduciary duties of the trust­ local media contrary to the public County Printing and Publishing Co. as­ ee are no more inconsistent with the interest. sumed control of the licensee of Stations public interest than the fiduciary duties 14. If, after the hearing, we should WEOL AM and PM, Elyria, Ohio, in vio­ of any director of a corporation, we find find that Lorain County Printing has de lation of section 310(b) of the Communi­ that it is not necessary to examine in a facto control of the licensee, and that cations Act of 1934, as amended. hearing whether Lorain County Printing this common ownership of the commu­ 2. To determine whether a grant of an is operating within its corporate powers, nity’s only newspaper and stations con­ application for consent to the acquisition whether the trustee is operating in ac­ stitutes concentration of control over of control of the licensee of WEOL AM mass media contrary to the public inter­ and FM by the Lorain County Printing cordance with the law of Ohio or whether and Publishing Co. would create a con­ the trustee’s fiduciary duties are Incon­ est, we may find that a grant of the re­ newal applications will be warranted centration of control of the media of sistent with the public interest. only on the condition that the newspaper mass communications in the vicinity of 12. We have also determined that a divest itself of its interest in the licensee. Elyria, Ohio, contrary to the public in­ hearing is necessary to examine another 15. The “pre-sunrise” petition filed by terest. crucial public interest question, viz. the WBEN, Inc., against the renewal of the 3. To determine, in light of the evi­ control of Elyria’s only two local stations license of WEOL, alleges that the opera­ dence adduced pursuant to the first is­ by the publisher of that city’s only daily tion of WEOL between the hours of 4 sue listed above, whether a forfeiture in newspaper, the Elyria Chronicle Tele­ a.m. and local sunrise will raise the the amount of $10,000 or some lesser sum gram, and of the Medina Leader Post, should be ordered; and whether a cease u The Medina Leader Post Is the only daily and desist order should be issued. 10 On July 13, 1965, Elyria-Lorain Broad­ paper published in Medina County which is 4. To determine, in light of the evi­ casting filed a request for permission to file directly south of Lorain County. The only dence adduced pursuant to the first and supplement to opposition, and a supplement broadcast station in Medina County is second issues listed above, whether any to opposition to which were attached copies WDBN(FM), Medina. Medina is within the grant of the renewal applications should of journal entries and a memorandum, cer­ 2 mv/m contour of WEOL. be subject to the condition that the Lo­ tified on July 7. 1065, by Harold S. Ewing, u On Sept. 8, 1965, the U.S. Court of Ap­ rain County Printing & Publishing Co. the judge of the Probate Court of Lorain peals for the District of Columbia affirmed divest itself of any or all its Interest in County which indicated th a t the court found (Case Nos. 18955, 18957) the Commission’s that trusts were not defective. We need not denial of the renewal of the license of WWIZ, the licensee. pass on the timeliness of the filings because WWIZ, Inc., 3 RR2d 316. An application for 5. To determine, in light of the evi­ we find that this additional information is a new UHF station in Lorain is now in a dence adduced pursuant to the foregoing not of decisional importance. hearing (Docket No. 15626). issues, whether a grant of the above-

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12696 NOTICES captioned applications would serve the [Docket Nos. 16209, 16210; FCC 65M-1266] the city attorney of Oakland stated that public interest, convenience, and neces­ 1 week’s monitoring of KABL indicated sity. ELYRIA-LORAIN BROADCASTING CO. that San Francisco had received 59 per­ It is further ordered, That, pending ET AL. cent of broadcast publicity contrasted to final decision in docket No. 14419 with Order Scheduling Hearing only 15 percent for Oakland. respect to presunrise operation with day­ 2. In response to the Commission’s re­ time facilities, the present provisions of In re applications of Elyria-Lorain quest for its comment upon this com­ § 73.87 of the Commission’s rules are not Broadcasting Co., Docket No. 16209, File plaint the licensee replied in part that extended to WEOL, and such operation Nos. BR-2173, BRH-571, for renewal of in its 1962 license renewal application it is precluded. licenses of stations WEOL AM and FM, stated that it intended to “program a It is further ordered, That the peti­ Elyria, Ohio; and Loren M. Berry Foun­ good music service for the entire Bay tion of WBEN, Inc. is granted. dation (Transferor), and the Lorain Area”; that the cities of Oakland, San It is further ordered, That the petition County Printing and Publishing Co. Francisco, and Berkeley are an integral of the Lorain Journal Co. is granted to (Transferee), Docket No. 16210, File No. part of each other and constitute a civic the extent specified above, and denied BTC-4707, for transfer of control of and economic unit; that during January in all other respects. Elyria-Lorain Broadcasting Co.: and February 1965, KABL broadcast It is further ordered, That the Lorain It is ordered, This 29th day of Septem­ 1,065 public service announcements on Journal Co. is made a party to this ber 1965, that Jay A. Kyle shall serve as behalf of Oakland organizations or per­ proceeding. presiding officer in the above-entitled sons, and 1,042 such announcements on It is further ordered, That, to avail proceeding; that the hearings therein behalf of San Francisco persons or or­ themselves of the opportunity to be shall be convened on November 15, 1965, ganizations; that during January 1965, heard, Elyria-Lorain Broadcasting Co, at 10 a m.; and that a prehearing con­ KABL broadcast almost twice as many the Lorain County Printing and Pub­ ference shall be held on October 22,1965, hours of public service programs on be­ lishing Co., the Loren Berry Founda­ commencing at 10 a.m. : And, it is further half of Oakland as on behalf of San tion, and the Lorain Journal Co., pur­ ordered, That all proceedings shall be Francisco; that the licensee has made a suant to § 1.221(c) of the Commission’s held in the offices of the Commission, considerable effort to ascertain the rules, shall, in person or by attorney, Washington, D.C.— ; programing needs of Oakland by inter­ within twenty (20) days of the mailing Released: September 29,1965. viewing educational or civic leaders, and of the order, file with the Commission, in that “at no time have we directly or in­ triplicate, a written appearance stating F ederal Communications directly implied or hinted that we are an intention to appear on the date set Com m ission, licensed as a San Francisco station.” for the hearing and present evidence [seal] B en F . W aple, 3. The city attorney of Oakland, when on the issues specified in this order. Secretary. asked to comment upon the licensee’s It is further ordered, That the appli­ [F.R. Doc. 65-10573; Filed, Oot. 4, 1965; response, repeated the assertion that cants shall, pursuant to section 311(a) (2) 8:48 am .] KABL was attempting to identify itself of the Communications Act of 1934, as with San Francisco, denied th a t. the amended, and § 1.594(a) of the Com­ [Docket No. 16214; POC 65-878] cities of Oakland and San Francisco are mission’s rules, give notice of the hear­ an integral part of each other and as­ ing either individually, or, if feasible, McLe n d o n p a c if ic c o r p . serted that Oakland is separate and dis­ jointly within the time and in the man­ tinct from San Francisco, “with its own ner prescribed in such rule, and shall Memorandum Opinion and Order and cultural, civic and economic interests, advise the Commission of the publication Notice of Apparent Liability which need and deserve radio program­ of such notice as required by §. 1.594(g) In the matter of liability of McLendon ing to promote and advance said cul­ of the rules. Pacific Corp., licensee of Station KABL, tural, civic and economic interests.” He It is further ordered, That this docu­ Oakland, Calif., for forfeiture; Docket further stated that even accèpting ment shall constitute notice of apparent No. 16214. KABL’s statement as to the number of liability for forfeiture in the amount of 1. Since February 8, 1965, the Com­ public service announcements broadcast $10,000 or some lesser amount under mission has received written and oral for Oakland organizations on February the provisions of section 503(b) (2) of complaints from the mayor, the city 17 and 18,1965, the percentage allocated the Communications Act of 1934, as manager and the city attorney of Oak­ to Oakland was 24, “whereas the per­ amended, with respect to any violations land, Calif., all to the general effect that centage of public service announcements of section 310(b) of the Communications although Station KABL is licensed pri­ concerning areas other than Oakland, Act of 1934, as amended, which, on the marily to serve the city of Oakland, most and including Sa»Francisco, was 76 per­ basis of evidence developed in the hear­ of its programs have in fact been de­ cent.” Finally, he stated: ing, are found to have occurred not more signed to publicize and promote the civic The city of Oakland, as a municipal cor­ than 1 year prior to the date of the activities and interests of San Francisco poration, takes the position that KABL’s issuance of this notice. rather than of Oakland and that its pub­ programing should promote the tastes, needs and desires of the city of Oakland, as is re­ Adopted: September 22,1965* lic service programs are predominantly quired by the Commission’s programing directed toward the interests of San policy. It is the consensus, not only among Released: September 29,1965. Francisco. Further, it was stated that the governmental officials in the city of Oak­ the station consistently identifies itself land but among the citizens of the city of F ederal Communications Oakland, that KABL is serving the needs, Com m ission,“ with San Francisco rather than with interests, tastes, and desires of the city of [seal] B en F . W aple, Oakland and that, at the time the com­ San Francisco * * * The officials of the Secretary. plaints were made, the station had city of Oakland would be very happy to dis­ neither studios nor transmitter in Oak­ cuss the programing of Radio Station KABL [F.R. Doc. 65-10572; Filed, Oct. 4, 1965; with its owners or the management staff so 8:48 a.m.] land and listed itself with a San Fran­ that an equitable and fair result can be ob­ cisco address in the telephone book and tained. 13 Commissioners Henry (Chairman) and on its own stationery.1’ In his complaint, Loevlnger concurring in part but dissenting tion had been granted to move both the to inclusion of the issue regarding unauthor­ 1 The Commission has informed the com­ transm itter and main studio to Krow Island, ized transfer of control; Commissioners Lee plainants that, as of the time of the filing which is within the political boundaries of and Wadsworth concurring in part but dis­ of the complaints, the KABL transmitter was Oakland. Since th a t time counsel for licensee senting to inclusion of the issue regarding located ln San Francisco and all programs has notified the Commission that KABL’s concentration of control of mass media; were originating from that city, by author­ transm itter and main studios are now op­ Commissioner Hyde absent. ity of the Commission, but that an applica- erating on Krow Island.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 NOTICES 12697

4. Monitoring of Station KABL from KABL is located and may well negate serve primarily the needs and interests of 7 a.m. to 7 p.m. on February 17 and 18, any mention of the licensed location at San Francisco. This evidence may be 1965, by the Commission’s staff revealed the required times, thus defeating the considered, if appropriate, in mitigation that at the station identification times intent and purpose of § 73.117 of the of a forfeiture amount, or as a basis for sp e c ifie d in § 73.117 of the rules, KABL Commission’s rules. Therefore the nu­ further proceedings by the Commission. was identifying itself as follows: merous station identifications of KABL Accordingly, in light of the above: It is ordered, That the chief hearing exam­ This is Cable—K—A—B-L, Oakland, 960 on broadcast on February 17 and 18, and your dial, in the air everywhere in San Fran­ August 19, 1965, apparently constitute iner shall preside over this proceeding,1 cisco. (Clang-clang of cable-car bell) willful or repeated failure to observe the receive evidence, make a record thereof, provisions of § 73.117 óf the rules, as receive proposed findings and conclu­ Numerous other announcements were well as willful or repeated failure to sions, and prepare an initial decision. heard on KABL at other than the times operate Station KABL substantially as The parties may, thereafter, file excep­ specified for mandatory station identi­ set forth in the station license, which tions and briefs which shall be directed to fication which were in the nature of sta­ document specifies the particular com­ the Commission en banc. A final deci­ tion identifications. Among such an­ munity which the licensee must primarily sion will be issued by the Commission. nouncements were the following: serve in accordance with § 73.30 of the It is further ordered, That the presid­ This is Cable—K—A—B—L music on aisle 96 rules. ing officer shall not accept evidence on from San Francisco. 9. In addition to the above, dining the the programing of the station occurring Serenade in the morning from aisle 96 on monitoring of February 17 and 18, 1965, subsequent to the issuance of this memo­ your San Francisco dial. the Commission observed certain com­ randum opinion and order; and This is KABL in the air everywhere over It is further ordered, That the McLen­ the great Bay area constantly in fashion with mercial announcements which did not beautiful San Francisco. appear to appropriately identify the don Pacific Corp. is directed to appear This is KABL, 960 "on your San Francisco sponsor. Subsequently, the KABL gen­ and give evidence with respect to the dial, with enchanting melody for San Fran­ eral manager acknowledged that be­ matters recited above at the proceeding cisco, the world’s most enchanting city. tween February 1 and 19, 1965, 57 an­ to be held at Oakland, Calif., at a time This is KABL music, the voice of San Fran­ nouncements were broadcast by KABL and place to be specified by subsequent cisco from aisle 96 on your radio dial. which were sponsored by the United order; and A symphony of sound on KABL designed States Steel Corp. but which carried no It is further ordered, That the McLen­ for San Francisco. sponsorship identification. don Pacific Corp., and the chief, Broad­ 5. Subsequent monitoring of KABL 10. In broadcasting such announce­ cast Bureau are made parties to this pro­ from 7 a.m. to 7 p.m. on August 19,1965, ments without sponsorship identifica­ ceeding; and officials of the city of Oak­ revealed numerous station identifications tion, the licensee of KABL appears to land, including the mayor, the city man­ at the times specified by § 73.117 of the have willfully or repeatedly violated sec­ ager and city attorney, will be afforded rules substantially similar to those listed tion 317 of the Communications Act of the opportunity to participate as parties above as well as a number of announce­ 1934, as amended, and § 73.119 of the hi this proceeding if they sc desire; and ments at nonrequired times which also rules. It is further ordered, That the Secre­ are similar to those above. 11. In view of the facts recited in pre­ tary of the Commission shall send a copy 6. In our memorandum opinion and ceding paragraphs we have determined of this memorandum opinion and order order imposing a forfeiture upon the that the licensee of Station KABL is sub­ and notice of apparent liability by certi­ licensee of KISN, Vancouver (FCC 63- ject to a forfeiture pursuant to sections fied mail—return receipt requested to the 63), we stated among other things, that 503(b) (1)(A) ànd (B) of the Communi­ McLendon Pacific Corp. ; and “the evidence indicates that licensee has cations Act for its apparent willful or It is further ordered, That, the par­ willfully attempted to mislead the listen­ repeated failure to observe the provisions ties, pursuant to § 1.221(c) of the Com­ ing public into believing that KISN is of section 317 of the Communications mission’s rules, shall, in person or by licensed solely to Portland * * * anyone Act and §§ 73.117 and 73.119 of the Com­ attorney, within twenty (20) days of the listening to KISN for as little as one hour mission’s rules. Accordingly, this mem­ mailing of this order, file with the Com­ could not help but gain the impression orandum opinion and order shall con­ mission, in triplicate, a written appear­ that KISN is licensed to Portland with stitute a notice of apparent liability for ance stating an intention to appear on perhaps some sort of “radar weather con­ forfeiture, pursuant to section 503(b) (2) the date set for the hearing and present trol’ in Vancouver. This impression is of the Communications Act. evidence on the matters set forth, supra; one which licensee obviously intends to 12. Because of the unusual nature of and convey through its numerous station the complaints and the licensee’s re­ It is further ordered, That the hear­ promotions * * * the mere mention of sponses to preliminary correspondence, ing shall commence with the chief, Vancouver as part of a phrase or sen­ we have determined to hold a hearing in Broadcast Bureau, proceeding with the tence would not of itself satisfy the iden­ Oakland, Calif. Such a hearing, during introduction of evidence developed as a tification requirements, particularly which the licensee will have full opportu­ result of the monitoring of station KABL when a concerted effort is made preced­ nity to address itself to all matters re­ by the Commission’s staff on February ing or following the phrase or sentence, ferred to in this notice of apparent liabil­ 17,18 and August 19,1965; that McLen­ to lead the listener to believe that the ity, will better enable the Commission to don Pacific Corp. may then offer evidence station .is licensed elsewhere.” determine whether there have, in fact, relevant and material to the matters re­ 7. It should be noted that in response been willful or repeated violations of thè act, the rules, and whether, if the licensee ferred to, supra, and that the other par­ to Commission inquiry regarding the ties to the proceeding, including the identification announcements at non­ is found liable, an order of forfeiture in required times, the licensee alleged that the amount of $10,000 or some lesser chief, Broadcast Bureau, may then offer at no time have we directly or indirect­ amount should be issued. The presiding any rebuttal evidence. ly implied or hinted that we are licensed officer shall therefore, be authorized to Adopted: September 29, 1965. admit evidence pertinent to licensee’s lia­ as a San Francisco station,” bility as well as in mitigation of the for­ Released: September 30,1965. 8. It appears to us that the broadcast feiture. In this regard the presiding of­ of the numerous announcements on Feb­ ficer may receive evidence and make F ederal Communications ruary 17,18 and August 19, 1965, identi­ findings and conclusions on whether the Com m ission, fying KABL with San Francisco or im­ [seal] B en F. W aple, licensee has made a continuing effort to Secretary. plying that San Francisco is its licensed determine the needs and interests of location prior to and following identifi­ Oakland and to provide programing to [FJS. Doc. 65-10574; Filed, Oct. 4, 1965; cation of the licensed location at. the re­ meet those needs and interests; or 8:48 axa,] quired times seems intended to mislead whether the licensee, as charged in the * The Commission’s rules on practice and the listeners as to the city in which complaints, has designed its programs to procedure, § 1.201, et seq., shall apply.

No. 192- FEDERAL REGISTER, V O L 30, NO. 192— TUESDAY, OCTOBER 5, 1965 1269$ NOTICES [Docket No. 16214; FCC 65M-1273] requesting further prehearing conference It is ordered, This 29th day of Septem­ McLe n d o n p a c if ic c o r p . in this proceeding; ber 1965, that: It appearing, that good cause exists Exchange of exhibits is scheduled for Order Scheduling Hearing why said motion should be granted and October 29,1965; In the matter of liability of McLendon there is no objection thereto: Exchange of reply exhibits is sched­ Pacific Corp., licensee of Station KABL, Accordingly, it is ordered, This 29th uled for November 5,1965; Oakland, Calif., for forfeiture; Docket day of September 1965, that the motion Notification of witnesses is scheduled No. 16214: is granted and that a prehearing con­ for November 9, 1965; and It is ordered, This 30th day of Septem­ ference will be held on October 6, 1965, Hearing is scheduled for November 16, ber 1965, that the hearing in the above- 9 a.m., in the Commission’s offices, Wash­ 1965, at 10 a.m. in Barbourville, Ky. entitled proceeding will be convened in ington, D.C. Released: September 29, 1965. Oakland, Calif., on November 2, 1965. Released: September 29, 1965. F ederal Communications Released: September 30, 1965. F ederal Communications Com m ission, Com m ission, [seal] B en F. W aple, F ederal Communications [seal] B en F . W aple, Secretary. Com m ission, Secretary. [seal] B en F. W aple, [F.R. Doc. 65-10579; Filed, Oct. 4, 1965; Secretary. [F.R. Doc. 65-10576; Filed, Oct. 4, 1965; 8:48 am .] 8:48 am .] [F.R. Doc. 65-10575; Filed, Oct. 4, 1965; 8:48 am.] ' [Docket No. 16128; FCC 65M-1265] [Docket Nos. 16150-16152; FCC 65M-1270] U LTRO N IC SYSTEM S CORP. AND [Docket No. 14611; FCC 65M-1271] RADIO DISPATCH, INC. WESTERN UNION TELEGRAPH CO. PROGRESS BROADCASTING CORP. Order Continuing Hearing Order Continuing Prehearing (WHOM) In re applications of Radio Dispatch, Conference Order Continuing Hearing Inc.: For renewal of the license for sta­ Ultronic Systems Corp., Complainant, tion KOA268 in the Domestic Public In re application of Progress Broad­ vs. The Western Union Telegraph Co., Land Mobile Radio Service at Seattle, Defendant; Docket No. 16128. casting Corp. (WHOM), New York, N.Y., Wash., Docket No. 16150, File No. 163- Docket No. 14611, File No. BP-13915; for The Hearing Examiner having for C2-R-63; for renewal of the license for consideration the informal request of Construction permit. station KOA270 in the Domestic Public The Hearing Examiner having under Ultronic Systems Corp. for a continuance Land Mobile Radio Service at Tacoma, of the prehearing conference now sched­ consideration motion filed September 22, Wash., Docket No. 16151, File No. 48- 1965, requesting a rescheduling of the uled for September 30, 1965, together C2-R-63; for renewal of the license for with the statement of Ultronic’s counsel date for the exchange of exhibits and station KOA606 in the Domestic Public that counsel for all other parties have the date for the evidentiary hearing; Land Mobile Radio Service at Everett, consented to a grant of the requested It appearing, that the date for the ex­ Wash., Docket No. 16152, File No. 343- relief; change of exhibits now is October 4,1965, C2-R-63. It appearing, that a brief continuance and the evidentiary hearing is scheduled Due to a change in the Hearing Exam­ may, by affording the parties an oppor­ for November 1,1965; iner’s hearing schedule: It is ordered, tunity to narrow or resolve the matters It further appearing, that good cause This 30th day of September 1965, that the to be heard, result in a more expeditious exists why said motion should be granted hearing herein now scheduled for Oc­ disposition of this proceeding: and there is no opposition thereto: tober 19,1965, be and the same is hereby It is ordered, This 29th day of Septem­ Accordingly, it is ordered, This 30th rescheduled for November 2, 1965, 10 ber 1965, that the prehearing conference day of September 1965, that the motion a.m., in the Commission’s Offices, Wash­ now scheduled for^September 30, 1965, is is granted and the date for the exchange ington, D.C. continued to October 11, 1965, com­ of exhibits shall be October 18, 1965 in Released: September 30,1965. mencing at 10 a.m. in the offices of the lieu of October 4, 1965, and the eviden­ Commission at Washington, D.C. tiary hearing now scheduled for Novem­ F ederal Communications ber 1, 1965, be and the same Is hereby Com m ission, Released: September 29, 1965. rescheduled for November 16, 1965, 10 [seal] B en F. W aple, F ederal Communications a.m., in the Commission’s offices, Wash­ jjgp Secretary. Com m ission, ington, D.C. [F.R. Doc. 65-10578; Filed, Oct. 4, 1965; [seal! B en F. W aple, Released: September 30, 1965. 8:48 am .] Secretary. F ederal Communications [F.R. Doc. 65-10580; Filed, Oct. 4, 1965; 8:48 a.m.] Com m ission, [Docket No. 15769 etc.; FCC 65M-1269] [seal] B en F. W aple, Secretary. BROWN RADIO & TELEVISION CO. (WBVL), ET AL. [F.R. Doc. 65-10577; Filed, Oct. 4, 1965; SMALL BUSINESS 8:48 a.m.] Order Regarding Procedural Dates In re applications of Dwight L. Brown ADMINISTRATION [Docket No. 14611; FCC 65M-1264] tr/as Brown Radio & Television Co. [Declaration of Disaster Area 550] (WBVL), Barbourville, Ky., Docket No. PROGRESS BROADCASTING CORP. 15769, File No. BR-3228, for renewal of TEXAS (WHOM) license; and Barbourville-Community Declaration of Disaster Area Broadcasting Co., Barbourville, Ky., Order Scheduling Prehearing Docket No. 15770, File No. BP-16297, and Whereas, it has been reported that Conference luring the month of September 1965, be- Golden East Broadcasting Co., Inc., Bar­ lause of the effects of certain disasters, In re application of Progress Broad­ bourville, Ky., Docket No. 16105, File No. iamage resulted to residences and busi- casting Corp. (WHOM)*, New York, N.Y., BP-15827, for construction permits. less property located in Terrell County Docket No. 14611, File No. BP-13915; for To formalize the agreements and rul­ n the State of Texas; construction permit. ings made on the record at a prehearing Whereas, the Small Business Admmis- The Hearing Examiner having under conference held on September 28,1965 in ;ration has investigated and has received consideration motion filed September 22, the above-entitled matter concerning the >ther reports of investigations of condi- 1965, on behalf of Quality Radio Corp., future conduct of this proceeding: ;ions in the area affected;

FEDERAL REGISTER, VOL. 30, NO. 192-— TUESDAY, OCTOBER 5, 1965 NOTICES 12699 59, O, 62, and 63, produced or manufactured W hereas, after reading and evaluating Customs directing that the amounts of in the Republic of China, in excess of the reports of such conditions, I find that cotton textiles and cotton textile prod­ following corrected levels of restraint: the conditions in such area constitute a ucts in the aforementioned categories, produced or manufactured in the Repub­ catastrophe within the purview of the 12-month Corrected Small Business Act, as amended. lic of China which mriy be entered, or Category level of level of Now, therefore, as Executive Adminis­ withdrawn from warehouse, for con­ restraint restraint trator of the Small Business Administra­ sumption in the United States from tion, I hereby determine that: October 1, 1965 through September 30, Pounds Pounds 651,250 551,250 1. Applications for disaster loans under 1966, be limited to certain designated 86,822 86,822 the provisions of section 7(b) (1) of the levels. The levels set forth in this letter have been adjusted to take account of in­ Square yards Square yards gpm.il Business Act, as amended, may be 994,510 889,823 received and considered by the offices creases and deductions in certain cate­ 630,000 621,909 below indicated from persons or firms gories as provided for in the agreement 16...... 651,250 540,211 18...... 709,313 783,292 whose property, situated in the aforesaid and subsequent arrangements between 19...... 234,281 200,619 county and areas adjacent thereto, suf­ the United States and the Republic of 23...... 661,500 648,157 fered damage or destruction resulting China. 25...... 787,500 787,500 from a tornado, and accompanying con­ S tanley N ehmer, Pieces Pieces ditions occurring on September 21, 1965. Chairman, Interagency Textile 28...... 937,125 937,125 30...... 1,653,750 1,653,750 Offic e Administrative Committee, and Deputy Assistant Secre­ Dozen Dozen Small Business Administration, Regional Of­ 41-42...... 85,664 82,864 fice, 1616 19tli Street, Lubbock, Tex., 79401. tary for Resources. 43...... 11,576 10,176 T h e Secretary of Commerce 44...... 16, 538 16,538 2. The temporary office established in 45...... 9,923 9,623 president's cabinet textile advisory 47...... 27,663 27,563 Sanderson, Tex. 49______3,472 3,472 3. Applications for disaster loans un­ com m ittee 53...... -...... 11,025 11,025 54...... 23,153 23,153 der the authority of this Declaration will Washington 25, D.C., 65...... 3,473 3,473 not be accepted subsequent to March 31, September 29,1965. 67...... 110,250 110,250 59...... 27,563 27,563 1966. C ommissioner o f Cu st o m s, 60...... 20,837 17,337 D epartment o f t h e T reasury, Dated: September 23, 1965. Washington, D.C. Pounds Pounds 62...... 17,365 13,465 Ross D. Davis, Dear Mr. Commissioner : Under the terms 137,813 125,913 Executive Administrator. of the Long Term Arrangement Regarding 63...... International Trade in Cotton Textiles done [PR. Doc. 65-10539; Filed, Oct. 4, 1965; at Geneva on February 9, 1962, and in ac­ and you are directed to prohibit, effective 8:46 a m ] cordance with the procedures outlined in October 1, 1965, and for the period extending Executive Order 11052 of September 28, 1962, through September 30, 1966, entry into the you are directed to prohibit, effective Oc­ United States for consumption, and with­ tober 1, 1965, and for the period extending drawal from warehouse for consumption, of INTERAGENCY TEXTILE through September 30, 1966, entry into the cotton textiles and cotton textile products United States for consumption, and with­ in Categories 9, 22, 26, 46, 50, 51, and 52, ADMINISTRATIVE COMMITTEE drawal from warehouse for consumption, of produced or manufactured in the Republic cotton textiles and cotton textile products of China, in excess of the following quar­ CERTAIN COTTON TEXTILES AND in Categories 1, 2, 5, 6, 15, 18, 19, 23, 25, 28, terly cumulative levels of restraint, as COTTON TEXTILE PRODUCTS PRO­ 30, 41-42, 43, 44, 45, 47, 49, 53 . 54, 55, 57, Corrected: DUCED OR MANUFACTURED IN C orrected Levels of Restraint REPUBLIC OF CHINA Announcement of ITAC Actions and Category Oct. 1,1965- Oct. 1,1965- Oct. 1,1965- Oct. Ï» 1965- Restraint Levels Dee. 31,1965 Mar. 31,1966 June 30,-1966 Sept. 36,1966 S eptember 30, 1965. Square yards Square yards Square yards Square yards 6,060,748 12,121,497 17,080,291 18,365,904 On October 19,1963 the United States 294,108 588,216 828,850 891,237 Government, in furtherance of the ob­ 26...... -...... - 1,090 935 2,181,871 3,074] 454 3,305,865 ♦Duck sub-level in 26______654,885 1,309,770 1,845,585 1,984, 500 jectives of, and under the terms of, the Dozen Dozen Dozen Dozen Long Term Arrangement Regarding In­ 46 122,881 196,610 245,762 245, 762 58,407 93,451 116,814 116,814 ternational Trade in Cotton Textiles 107,945 172, 712 215,890 215; 890 done at Geneva on February 9,1962, con­ 52...... -...... - ...... - 68,907 110,250 137,813 137,813 cluded a bilateral agreement with the Republic of China concerning exports of ♦TJ3.UJ3.A, Nos. covering duck are as follows: 320...01 through 04, 06, 08; 321...01 through 04, 06, 08; 822...01 cotton textiles from the Republic of through 04,06,08; 326.. .01 through 04,06,08; 327_01 through 04,06,08; 328...01 through 04,06, and 08. China to the United States over a four- year period (TIAS 5482), Under this In carrying out this directive, entries of bers was published in the F ederal R egister agreement the Republic of China has un­ cotton textiles and cotton textile products in on October 1, 1963 ( 28 F.R. 10551), and dertaken to limit its exports to the United Categories 1, 2, 5, 6, 9, 15, 18, 19, 22, 23, 25, amendments thereto on March 24, 1964 (29 26, 28, 80, 41-42, 43, 44, 45, 46, 47, 49, 50, FR . 3679). States of certain Cotton textiles and cot­ 51, 52, 53, 54, 55, 57, 60, 62 and 63, produced In carrying out the above directions, entry ton textile products to specified annual or manufactured in the Republic of China, Into the United States for consumption shall amounts. The third year of the agree­ which have been exported to the United be construed to include entry for consump­ ment will commence on October 1, 1965, States from the Republic of China prior to tion into the Commonwealth of Puerto Rico. and extend through September 30, 1966. October 1, 1965, shall, to the extent of any The actions taken with respect to the Gov­ The categories which are subject to spe­ unfilled balances,, be charged against the ernment of the Republic of China and with cific export limitation under the agree­ levels of restraint established for such goods respect to Imports of cotton textiles and during the period October 1, 1964, through cotton textile products from the Republic of ment are as follows: 1,2, 5, 6, 9, 15, 18, September 30, 1965. In the event that the China have been determined by the Presi­ 19, 22, 23, 25, 26, 28, 30, 41-42, 43, 44, 45, level of restraint established for the period dent’s Cabinet Textile Advisory Committee to 46, 47, 49, 50, 51, 52. 53, 54. 55, 57, 59, 60, October 1, 1964, through September 30, 1965, involve foreign affairs functions of the United 62 and 63. has been exhausted by previous entries, such States. Therefore, the directions to the Com­ There is published below a letter of goods shall be subject to the directives set missioner of Customs, being necessary to the Sf?iein^er 2^» 1965, from the Chairman forth in this letter. implementation of such actions, fall within of the President's Cabinet Textile Advis­ A detailed description of the aforemen­ the foreign affairs exception to the notice ory Committee to the Commissioner of tioned categories in terms of T.S.U.S.A. num - provisions of section 4 of the Administra-

FEDERAL REGISTER, V O L 30, NO. 192— TUESDAY, OCTOBER 5, 1965 WOO NOTICES tive Procedure Act, This letter will be pu,b- the 5 percent exemptive provision of sec­ Exchange, pursuant to provisions of the llshed in the F ederal R egister. tion 6(b) of the Act. Securities Exchange Act of 1934 and the Sincerely youre, Gulf has used and proposes to use-the 6 percent cumulative preferred stock and / S / J o h n T. Connor, proceeds of the notes, to the extent not the 6 percent convertible subordinated Secretary of Commerce, and Chair­ applied to the payment at maturity of debentures, series B (due 1975), being man, President’s Cabinet Textile such notes theretofore outstanding, to­ traded over the counter; and - Advisory Committee. ward the construction or acquisition of It appearing to the Securities and [F.R. Doc. 05-10555; Filed, Oct. 4, 1905; permanent Improvements, extensions, Exchange Commission that the sum­ 8:48 a m.} and additions to its utility plant. The mary suspension of trading in such se­ company contemplates expenditures of curities on such Exchange and otherwise approximately $12,500,000 in 1965 and than on a national securities exchange and $20,400,000 in 1966 for the construc­ is required in the public interest and SECURITIES AND EXCHANGE tion or acquisition of property. for the protection of investors; ; The extension of time for the issuance . It is ordered, Pursuant to sections 15 COMMISSION of the notes by Gulf has been authorized

FEDERAL REGISTER, VOL. .30, NO. 192— TUESDAY, OCTOBER 5, 1965 NOTICES 12701 surance company may conduct. Appli­ [File No. 70-4309] 1965; will bear interest not exceeding cant is engaged solely in the sale of the prime rate (presently 4% percent per group retirement annuity contracts in NEW ENGLAND ELECTRIC SYSTEM annum) in effect at the time of issuance; connection with annuity purchase plans ET AL. will mature on or prior to March 31, adopted by public school systems and tax 1966 ; and will be prepayable at any time, exempt organizations enumerated in sec­ Issue and Sale of Promissory Notes in whole or in part, without premium. tion 501(c) of the Internal Revenue Code by Subsidiary Companies to Banks Mass Electric may prepay its notes to (“Code”) which satisfy the require­ and/or to Holding Company banks, in whole or in part, with borrow­ ments of section 403(b) of the Code. ings from NEES, or vice versa. Any note The present group variable annuity S eptember 2 9 ,1965.. issued to NEES for such prepayment of a contracts are to be offered at a price Notice is hereby given that a joint note to a bank will bear interest at the which is equal to the current value of application-declaration has been filed prime rate or the interest rate on the the accumulation units plus a combined with this Commission pursuant to the note being prepaid, whichever is lower, charge of 6 percent, exclusive of any Public Utility Holding Company Act of but at the prime rate after the maturity applicable state premium taxes, for sales 1935 (“Act”) by New England Electric date of the note being prepaid. In the and administrative expenses and the, System (“NEES”), 441 Stuart Street, case of a note issued to a bank for such minimum death benefit before retire­ Boston, Mass., 02116, a registered hold­ prepayment of a note to NEES, if the ment. Applicant represents that it is ing company, and certain of its public- interest rate on the new note being issued unable to state precisely the amount of utility subsidiary companies (“the bor­ exceeds that of the note being prepaid, the combined charge of 6 perdent which rowing companies”) , namely, Massachu­ NEES will credit Mass Electric with an is applicable to sales load. In addition, setts Electric Co. (“Mass Electric”), amount equal to the difference between the group variable annuity contracts also Lawrence Gas Co. (“Lawrence”) , North such interest payments for the period contain provisions for experience rating Shore Gas Co. (“North Shore”), and from the date of the issuance of such new credits, under which the actual sales and Norwood Gas Co. (“Norwood”) . NEES note to the maturity date of the note administrative expenses and the mini­ and the borrowing companies have desig­ being prepaid. mum death benefit before retirement nated sections 6(a), 7, 9(a) , 10, and 12 In the event of any permanent financ­ costs applicable to that contract are de­ of the Act and Rules 42(b) (2)', 45(b) (1), ing by any of the borrowing companies, termined annually and each participant and 50(a) (2) thereunder as applicable the proceeds therefrom, in excess of receives a credit for his share of the ex­ to the proposed transactions. All inter­ amounts used for refunding other securi­ cess, if any, of the amounts deducted for ested persons are referred to the joint ties at par or the principal amount there­ such expenses over such actual costs. No application-declaration for a statement of, will be applied to payment of its additional charge is made to the partici­ of the transactions therein proposed, short-term note indebtedness then out­ pant’s account if the costs exceed the which are summarized as follows: standing, and the maximum of short­ amounts deducted. Applicant has re­ By order dated February 15, 1965, the term note indebtedness to be outstanding served the right to increase the combined Commission, among other things, au­ at any one time proposed herein will be charge to 9 percent, the maximum sales thorized the above-named borrowing reduced by the amount of such payment. load which may be charged under section companies to issue and sell to banks Incidental services in connection with 27 (a) of the Act by applicant on its peri­ and/or to NEES, from time to time the proposed note issues will be per­ odic payment plan certificates. through December 31,1965, an aggregate formed at cost by New England Power Notice is further given that any inter­ principal amount of promissory notes not Service Co., an associate service com­ ested person may, not later than October pany. The cost will not exceed an esti­ to exceed $27,980,000 at any one time mated $200 for each applicant-declarant. 21, 1965, at 5:30 p.m., submit to the outstanding (Holding Company Act Re­ The filing states that no action by any Commission in writing a request for a lease No. 15188). In order to pay for State commission or Federal commis­ hearing on the matter accompanied by a increased construction expenditures or to statement as to the nature of his interest, sion, other than this Commission, is the reason for such request and the issues reimburse their treasuries therefor, the necessary to carry out the proposed of fact or law proposed to be contro­ borrowing companies request that their transactions. verted, or he may request that he be borrowing authority be increased by an Notice is further given that any in­ notified if the Commission should order aggregate amount of $3,325,000 or to terested person may, not later than Octo­ $31,305,000 maximum amount of notes ber 22, 1965, request in writing that a a hearing thereon. Any such communi­ hearing be held on such matter, stating cation should be addressed: Secretary, at any one time outstanding. the nature of his interest, thè reasons for Securities and Exchange Commission, Shown below for each of the borrow­ such request, and the issues of fact or law Washington, D.C., 20549. A copy of such- ing companies is the maximum principal raised by said joint application-declara­ request shall be served personally or by amount of notes to be outstanding at tion which he desires to controvert; or mail (airmail if the person being served any one time, to the designated banks is located more than 500 miles from thé he may request that he be notified if the point of mailing) upon National Vari­ and/or to NEES, after giving effect to Commission should order a hearing able Annuity Co. of Florida Separate the authority sought herein: thereon. Any such request should be ad­ Account, at the address set forth above. dressed: Secretary, Securities and Ex­ Proof of such service (by affidavit, or in Borrowing company Banks Banks oir change Commission, Washington, D.C., case of an attomey-at-laiy, by certifi­ NEES 20549. A copy of such request should be cate) shall be filed contemporaneously served personally or by mail (air mail Mass Electric..______*$20,250,000 with the request. At any time after said *1,000,000 if the person being served is located more date, as provided by Rule 0-5 of the rules *400,000 than 500 miles from the point of mail­ *400,000 and regulations promulgated under the * 450,000 ing) upon the applicants-declarants at Act, an order disposing of the matter 7 500,000 the above-stated address, and proof of Lawrence______* $3,675,000 way be issued by the Commission upon North Shore...... 13,150,000 service (by affidavit or, in case of an at­ the basis of the information stated in •1,480,000 torney at law, by certificate) should be this notice, unless an order for hearing 6,825,000 24,480,000 filed contemporaneously with the re­ upon this matter shall be issued upon quest. At any time after said date, the request or upon the Commission’s own 1 First National City Bank, New York, N.Y. joint application-declaration, as filed or hvotion. * The First National Bank of Boston, Mass. * Worcester County National Bank, Worcester, Mass. as it may be amended, may be granted For the Commission (pursuant to dele­ * Guaranty Bank & Trust Co., Worcester, Mass. and permitted to become effective as pro­ gated authority). * The Mechanics National Bans of Worcester, Mass. * South Shore National Bank, Quincy, Mass. vided in Rule 23 of the general rules and [seal] Orval L. DuBois, 7 Middlesex County National Bank, Everett, Mass. regulations promulgated under the Act, Secretary. * NEES only. or the Commission may grant exemption [F.R. Doc. 65-10537; Filed, Oct. 4, 1965; The notes will be issued by the borrow­ from its rules under the Act as provided 8:45 ajn.] ing companies prior to December 31, in Rules 20(a) and 100 thereof or take

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 12702 NOTlCES' such other action as it may deem ap­ plication must be filed with the field sex, Northumberland, Richmond, and propriate. official named in the F ederal R egister Westmoreland Counties, Va., for 180 For the Commission (pursuant to dele­ publication, within 15 calendar days days. Supporting shipper: Kilmarnock gated authority). after the date notice of the filing of the Feed Supply, Kilmarnock, Va. Send application is published in thè F ederal protests to : Robert W. Waldron, District [seal! Orval L. D tjB ois, R egister. One copy of such protests Supervisor, Bureau of Operations and Secretary. must be served on the applicant, or its Compliance, Interstate Commerce Com­ [F.R. Doc. 65-10533; Filed, *Oct. 4, 1965; authorized representative, if any, and mission, 10-502 Federal Building, Rich­ 8:45 ajn.] , the protests must certify that such serv­ mond, Va., 23340. (Note: The purpose of ice has been made. The protest must be this republication is to show that appli­ specific as the service which such cant has amended the origin territory to Protestant can and will offer, and must show Baltimore County, Md„ in lieu of INTERSTATE COMMERCE consist of a signed original and six (6) Baltimore, Md., as shown in previous copies. publication.) COMMISSION A copy of the application is on file, No. MC 114091 (Sub-No. 72 TA), filed [Sec. 5a Application 52; Amdt. 2] and can be examined, at the office of September 28, 1965. Applicant; HUFF the Secretary, Interstate Commerce TRANSPORT CO., INC., Post Office Box FREIGHT FORWARDERS Commission, Washington, D.C., and also 13116, Fern Valley Road, Louisville, Ky., CONFERENCE in the field office to which protests are 40213. Applicant’s representative: Rudy to be transmitted. Yessin, Sixth Floor, McClure Building, Amendments to Agreement Motor Carriers of P roperty Frankfort, Ky., 40601. Authority sought S eptember 30. 1965. to operate as a common carrier, by motor No. MC 41098 (Sub-No. 17 TA), filed vehicle, over irregular routes, transport­ The Commission is in receipt of an ap­ S ep tem b er 28, 1965. Applicant: ing: Feed ingredients, in bulk and in plication in the above-entitled and num­ GLOBAL VAN LINES, INC., No. 1 Global bags, from Montpelier, Iowa, to points bered proceeding for approval of amend­ Way, Anaheim, Calif., 92803. Appli­ in Arkansas, Mississippi, Kentucky, Ten­ ments to the agreement therein approved cant’s representative: Floyd L. Farano nessee, Ohio, Michigan, and that part of under the provisions of section 5a of the (same address as above) . Authority Pennsylvania on and west of US. High­ Interstate Commerce Act. sought to operate as a common carrier, way 219, for 180 days. Supporting ship­ Filed September 27, 1965, by: S. S. by motor vehicle, over irregular routes, per: Mr. Samuel W. Bard, Traffic Man­ Eisen, 140 Cedar Street, New York, N.Y., transporting: Household goods, as de­ ager, Hooker Chemical Corp., Phosphorus 10006. fined by the Commission, between points Division, Jeffersonville, Ind., 47130. Send Amendments Involved: Change the in Hawaii having a prior or subsequent protests to: Wayne L. Merilatt, District agreement so as to clearly set forth the movement by water or air, for 180' days. Supervisor, Bureau of Operations and purposes and objectives thereunder, and Supporting shippers: None. In lieu of Compliance, Interstate Commerce Com­ specifically provide that consideration of shipper support, applicant submits a re­ mission, 426 Post Office Building, Louis­ matters with respect to section 22 are in­ capitulation of shipments handled in the ville, Ky., 40202. cluded. 6 months preceding the application, No. MC 114194 (Sub-No. 115 TA), filed The application may be inspected at which may be examined here at the Com­ September 28, 1965. Applicant: KREI- the office of the Commission in Wash­ mission in Washington, D.C. Send pro­ DER TRUCK SERVICE, INC., 8003 ington, D.C. tests to; W. J. Huetig, District Super­ Collinsville Road, East St. Louis, 111., Any interested person desiring the visor, Bureau of Operations and 62201. Authority sought to operate as a Commission to hold a hearing upon such Compliance, Interstate Commerce Com­ common carrier, by motor vehicle, over application shall request the Commission mission, Room 7708 Federal Building, 300 Irregular routes, transporting: Liquid in writing so to do within 20 days from North Los Angeles Street, Los Angeles, petroleum wax, in bulk, from Petrolia, the date of this notice. As provided by Calif., 90012. Pa.> to St. Louis, Mo., for 180 days. Sup­ the general rules of practice of the Com­ No. MC 94265 (Sub-No. 160 TA), filed porting shipper: Witco Chemical Co., mission, persons other than applicants September 28, 1965. Applicant: BON- Inc., Sonneborn Avenue, New York, N.Y. should fairly disclose their interest, and NEY MOTOR EXPRESS, INC., Post Of­ Send protests to: Harold Jolliff, Dis­ the position they intend to take at the fice Box 12388, Thomas Comer Station, trict Supervisor, Bureau of Operations hearing with respect to the application. Military Highway, Norfolk, Va. Author­ and Compliance, Interstate Commerce Otherwise the Commission, in its discre­ ity sought to operate as a common car­ Commission, 325 West Adams Street, tion, may proceed to investigate and rier, by motor vehicle, over irregular Room 476, Springfield, 111., 62704. determine the matters involved in such routes, transporting: Frozen pumper­ No. MC 127598 TA, filed September 28, application without further or formal nickel bread, in vehicles equipped with 1965. Applicant: ROBERT L. BREWER, hearing. mechanical refrigeration, from Chicago, Bagdad, Ky., 40003. Authority sought to By the Commission, Division 2. 111., to Washington, D.C., and Baltimore, operate as a contract carrier, by motor Md., for 150 days. Supporting shipper: vehicle, over irregular routes, transport­ (seal! H. Neil Garson, Iverson Baking Co., 1753 North Tripp ing: Dairy products, and dairy plant Secretary. Avenue, Chicago, 111. Send protests to: equipment, materials and supplies, be­ [F.R. Doe. 65-10548; Filed, Oct. 4, 1965; Robert Waldron, District Supervisor, tween the plantsite of Sugar Creek Foods, 8:46 a.m.] Bureau of Operations and Compliance, Division of National Dairy Products Interstate Commerce Commission, 10-502 Corp., at Louisville, Ky., on the one hand, Federal Building, Richmond, Va., 2324Q. and, on the other, points in Indiana on [Notice 58] No. MC 99213 (Sub-No. 7 TA) the south of U.S. Highway 36, points in MOTOR CARRIER TEMPORARY (AMENDMENT), filed September 15, Kentucky, points in Ohio on the south of 1965, published F ederal R egister, issue UJ3. Highway 30, points in Tennessee, AUTHORITY APPLICATIONS of September 23, 1965, and republished and points hi West Virginia on and west S eptember 30, 1965. as amended this issue. Applicant: VIR­ of U.S. Highway 220, for 180 days. Sup­ The following are notices of filing of GINIA FREIGHT LINES, School Street, porting shipper: Mr. C. T. Cline, Man­ applications for temporary authority un­ Kilmarnock, Va. Applicant’s representa­ ager, Sugar Creek Foods Division, Na­ der section 210a (a) of the Interstate tive: J. R. Pittman (same address as tional D airy Products Corp., 2815 Commerce Act provided for under the above). Authority sought to operate as Magazine Street, Louisville, Ky., 40211. new rules in Ex Parte No. MC 67 (49 a common carrier, by motor vehicle, over Send protests to : Wayne L. Merilatt, Dis­ CFR Part 240), published in the F ederal Irregular routes, transporting: Agricul­ trict Supervisor, Bureau of Operations, R egister, issue of April 27, 1965, ef­ tural lime, in bulk from points in Balti­ and Compliance, Interstate Commerce fective July 1,1965. These rules provide more County, Md., to points in Essex, Commission, 426 Post Office Building, that protests to the granting of an ap- Gloucester, Lancaster, Mathews, Middle - Louisville, Ky., 40202.

FEDERAL REGISTER, VOL. 30, NO. 192— TUESDAY, OCTOBER 5, 1965 NOTIGES 12703

No. MC 127572 (Sub-No. 1 TA), filed No. MC-FC-68111. By order of Sep­ No. MC-FC-68153. By order of Sep­ September 28, 1965. Applicant: A. E. tember 28, 1965, the Transfer Board ap­ tember 17, 1965, the Transfer Board SUENRAM, doing business as A. E. proved the transfer to Refrigerated Ex­ approved the transfer to Roy W. Zimmer­ SUENRAM TRUCK SERVICE, 3335 press Lines, Inc.’, Plant City, Fla., of that man, Ephrata, Pa., of the certificate in South Edwards, Wichita, Kans. Appli­ portion of the operating rights of No. MC-73796, issued June 19, 1941, to cant’s representative: Erie W. Francis, Tompkins Motor Lines, Inc., Decatur, Jacob B. Wolgemuth, Elizabethtown, Pa., Suite 719, Capital Fédéral Building, To­ Ga., in certificate No. MC-20783, issued authorizing the transportation of: Fer­ peka, Kans., 66603. Authority sought March 27, 1951, authorizing the trans­ tilizer, from Baltimore, Md., to points in to operate as a common carrier, by motor portation, of frozen foods, and fresh Lancaster, Lebanon, and Dauphin Coun­ vehicle, over irregular routes, transport­ fruits and fresh vegetables, between ties, Pa. Thomas H. Wentz, 118 East ing: General commodities and property Atlanta, Ga., on the one hand, and, on Main Street, New Holland, Pa., attorney being transported incidental to transpor­ the other, Chattanooga, Tenn., and for applicants. tation by aircraft (except those of un­ points in that part of Alabama on and [seal] H . N eil G arson, usual valuê, class A and B explosives, east of U.S. Highway 31, except Mont­ Secretary. household goods as defined by the Com­ gomery, and those in Florida, North mission, commodities in bulk, and com­ Carolina, and South Carolina. Floyd F. [F.R. Doc. 65-10550; FUed, Oct. 4, 1965; modities requiring special equipment)., Shields, 5829 Outlook Avenue, Post Office 8:46 ajn.] restricted to traffic having an immedi­ Box 68, Shawnee Mission, Kans., 66201, ately prior or subsequent movement by attorney for applicants. [Notice 1241—A J air, between Wichita Commercial Air­ No. MC-FC-68143. By order of Sep­ port, on the one hand, and, on the other, tember 28, 1965, the Transfer Board ap­ MOTOR CARRIER TRANSFER points within 50 miles of Wichita, and all proved the transfer to the Denver-North PROCEEDINGS commercial airports in Kansas City, Mo.- Platte Freight Service, Inc., Denver, S eptember 30, 1965. Kans. air terminal area, including Mid- Colo., of a portion of certificate No. Synopses of orders entered pursuant Continent Airport, for 180 days. Sup­ MC-32107 issued April 9, 1959, to Archer to section 212(b) of the Interstate Com­ porting shippers: Emery Air Freight, and Archer, Inc., Julesburg, Colo., au­ merce Act, and rules and regulations pre­ Municipal Airport, Wichita, Kans. ; Gor­ thorizing the transportation, over regu­ scribed thereunder (49 CFR Part 179), don & Piatt, Inc., Strother Field, Win­ lar route, of general commodities, ex­ appear below: field, Kans. Send protests to: M. E. cluding household goods and commodi­ As provided in the Commission’s gen­ Taylor, District Supervisor, Bureau of ties in bulk, between North Platte, Nebr., eral rules of practice any interested Operations and Compliance, Interstate and Julesburg, Colo., serving all inter­ person may file a petition seeking recon­ Commerce Commission, 906 Schweiter mediate points; and over Irregular sideration of the following numbered Building, Wichita, Kans., 87202. routes, between Denver, Colo., and points proceedings within 30 days from the date By the Commission. in Sedgwick County, Colo., on the one hand, and, on the other, Chappell, of service of the order. Pursuant [seal] H . Neil G arson, Ogallala, and North Platte, Nebr. to section 17(8) of the Interstate Com­ Secretary. merce Act, the filing of such a petition Marion F. Jones, 420Denver Club Build­ will postpone the effective date of the [FH. Doc. 65-10549; Filed, Oct. 4, 1965; ing, Denver, Colo., 80202r attorney for order in that proceeding pending its dis- 8:46 am .] applicants. No. MC-FC-68147. By order of Sep­ position. The matters relied upon by tember 28, 1965, the Transfer Board petitioners must be specified in their [Notice 1241J petitions with particularity. approved the transfer to William M. No. MC—FC-67764. By order of Sep­ MOTOR CARRIER TRANSFER Ford, Stewartstown, Pa., of certificate No. MC-73429, issued March 16, 1942, tember 28, 1965, Division 3, acting as an PROCEEDINGS to Harry M. Ford, Stewartstown, Pa., appellate division approved the transfer S eptember 30,1965. authorizing the transportation over ir­ to Bell Transfer C04 Inc., Selma, Ala., Synopses of orders entered pursuant regular routes of feed, from Baltimore, of certificate in No. MC-97310 (Sub-No. to section 212(b) of the Interstate Com­ Md., to New Park and Stewartstown, Pa.; 1) and certificate of registration in No. merce Act, and rules and regulations fertilizer, from Baltimore, Md., to points MC-97310 (Sub-No. 3), issued August 17, prescribed thereunder (49 CFR Part 179), in York County; coal, from Mt. Carmel 1960 and December 31,1963, respectively, appear below: and Six Mile Rim, Pa., and points in to Marie Eiland Bell, doing business as As provided in the Commission’s spe­ Pennsylvania within 10 miles of Mt. Bell Transfer Co., Selma, Ala., author­ cial rules of practice any interested per­ Carmel and Six Mile Run, to Norrisville, izing the transportation of general com­ son may file a petition seeking recon­ Md., and points in Maryland and Penn­ modities and a wide variety of specified sideration of the following numbered sylvania within 20 miles of Norrisville; commodities from to or between specified Proceedings within 20 days from the date return, with no transportation for com­ points in Alabama. W. McLean Pitts, of publication of this notice. Pursuant to pensation except as otherwise authorized, the City National Bank Building, Selma, section 17(8) of the interstate Com­ to the above-specified origin points; and Ala., 36702, and Francis J. Ortman, 1366 merce Act, the filing of such a petition apples and peaches, between points in National Press Building, Washington, York County, Pa.; and between points D.C., 20004, attorneys for applicants. will postpone the effective date of the in Hartford County, Md., on the one order in that proceeding pending its dis­ hand, and, on the other, those in York [ seal] H. N eil G arson, position. The matters relied upon by County, Pa, William J. Little, 1513 . Secretary. Petitioners must be specified in their pe­ Fidelity Building, Baltimore, Md., 21201, [F.R. Doc. 65-10551; Filed, Oct. 4. 1965; titions with particularity. representative for applicants. 8:46 a.m.]

FEDERAL REGISTER, VOL. 30, NO, 192— TUESDAY, OCTOBER 5, 1965 12704 FEDERAL REGISTER

CUMULATIVE LIST OF CFR PARTS AFFECTED— OCTOBER

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

3 CFR p*ee 12 CFR Page 33 CFR Pa*e P roclamations : 8______12535 203______12537 3674______L______12623 3675.:______12625 13 CFR 39 CFR 121______12640 142 ___ I ___:______12641 E xecutive O rders: April 17,1926 (revoked in part 14 CFR 143 ______12641 by PLO 3832)______12641 71______12535,12661 43 CFR 7558 (revoked in part by 95______12662 P ublic Land O rders: PLO 3833)______12642 298______12666 2248 (modified by PLO 3836) __ 12643 P roposed R ules: 5 CFR 3832 ______12641 39______12687 3833 ______— 12642 213______12529,12627 71______12688 3834 ______12642 731______12661 15 CFR 3835 _ 12642 735______— 12529 201______.____ 12535 3836 ______12643 3837 _ 12643 7 CFR 202______12535 29______12627 16 CFR 45 CFR 701______12661 13______12536 801______12680 730______-______12627 19 CFR 46 CFR 831______12628 l______12680 848______1 ______12534 272______12536 905______-______- __ 12635.12636 21 CFR 282______12536 908______12636 121______12637,12670 286______12536 910______.__ 12637 141a______12637 292______12536 926______- ______12534 144______12670 402 ______12680 932______12629 146a______12637 403 ______12680 948______- ______- __ 12534,12635 148e______12537 533______12681 993______:______12535 148x______12537 47 CFR P roposed R u les: 22 CFR P roposed R u les: 730_____'______:_ 12684 61______12639 948______12644 1______12688 982______12539 26 CFR 17______12688 989______12686 P roposed Rules: 73______12688 1008______12539 1______12564 1009-__ :______12539 4 9 CFR 32 CFR 6______.___ _'__ 12669 43______12673 9 CFR P roposed R u les: 58______12639 12543 P roposed R u les: 77____ ;____ 51 ______,______12684 32A CFR 78______12684 NSA (Ch.xvm) 50 CFR 203______12686 AGE-1____ 12640 32______12536,12643,12683