FEDERAL REGISTER VOLUME 31 • NUMBER 115

Wednesday, June 15, 1966 • Washington, D.C.

Pages 8333-8397

Agencies in this issue— Agricultural Research Service Agricultural Stabilization and Conservation Service Agriculture Department Air Force Department Atomic Energy Commission Census Bureau Civil Aeronautics Board Coast Guard Commodity Credit Corporation Equal Employment Opportunity Commission Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration Interstate Commerce Commission Land Management Bureau Social Security Administration Detailed list o f Contents appears inside« /

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The Supplements to Title 3 of the Code the President and published in the Federal of Federal Regulations contain the full text Register during the period June 2, 1938- of proclamations, Executive orders, reor­ December 31, 1963. Tabular finding aids ganization plans, trade agreement letters, and subject indexes are included. The in­ and certain administrative orders issued by dividual volumes are priced as follows:

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r r n m i l JIIJIJ# B E 1 C V E O Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, r■ .llr.ilrll T I Ell on the day after an official Federal holiday), by the Office of the Federal Register, Natj0 , 9k ¿9 _ ArchivesA mV» i vac nnrl and P.ppnrdfi Records Sprvl Service, p a fioruvra.l General Services AAdministration rl m Ini ff+.ra/H nn fm (mall a il addrOSS address Nftw® . Area Code 202 one Archives Building, Washington, D.O. 20408), pursuant to the authority contained Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B ), under regulations prescribed by the Adm«^ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution Is made only by the Superinten of Documents, Government Printing Office, Washington, D.C. 20402. ., ¡n T h e Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, Paya ^or advance. The charge for individual copies varies In proportion to the size of the issue (15 cents for the first 80 pages and 5 c_e*LeIltSi each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Docum Government Printing Office, Washington, D.C. 20402. titles pur- The regulatory material appearing herein is keyed to the Code of Federal Regulations, which is published, under 50 title ^ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal Regulations is sold by the Superinten Documents. Prices of books and pocket (supplements are listed in the first Federal R egister issu e o f e a c h m o n t h . «rATioNS- There are no restrictions on the republication of material appearing in the Federal Register o r t h e Code of Federal Regul Contents

AGRICULTURAL RESEARCH COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS SERVICE See Census Bureau. COMMISSION Rules and Regulations Proposed Rule Making Quarantine; importation of elm COMMODITY CREDIT Construction, marking, and light­ plants into California------8337 ing of antenna structures; ex- CORPORATION tension of time for comments__ 8376 AGRICULTURAL STABILIZATION Rules and Regulations Notices AND CONSERVATION SERVICE Loan and purchase programs: Hearings, etc.: Rules and Regulations Cottonseed oil and meal, 1966__ 8348 Boardman Broadcasting Co., Farm marketing quotas and acre­ Rice, 1966 and subsequent crops. 8346 Inc., and Daniel Enterprises, age allotments: In c ______J______8382 Cotton, upland, 1966 and suc­ DEFENSE DEPARTMENT Jupiter Associates, Inc., et al___ 8382 ceeding crops; transfer of RKO General, Inc. (KHJ-TV) acreage affected by natural See Air Force Department. and Fidelity Television, Inc. 8382 disaster______8337 Santa Rosa Broadcasting Co., Wheat, 1967-68______8337 Inc.. ______;______8383 Feed grain program, 1966-1969 8339 EQUAL EMPLOYMENT State Gazette Broadcasting Co. OPPORTUNITY COMMISSION and McQueen and Co., Inc___ 8383 AGRICULTURE DEPARTMENT WDIX, inu^ and Radio Orange­ Rules and Regulations burg, Inc______.______8383 See also Agricultural Research Service; Agricultural Stabiliza- Guidelines on discrimination be­ tion and Conservation Service; cause of religion.______8370 FEDERAL HOME LOAN Commodity Credit Corporation. BANK BOARD Notices FEDERAL AVIATION AGENCY Rules and_ Regulations Meat import limitations ______8379 Federal Savings and Loan Insur­ Texas; extension of designation of Rules and Regulations ance Corporation; definition of areas for emergency loans_____ 8379 Certification of pilots and flight guaranteed loan______8353 instructors, and general opera­ Federal Savings and Loan System; AIR FORCE DEPARTMENT tion and flight; civil aircraft of operations; investments guar­ Rules and Regulations U.S. registry operated outside of anteed under Foreign Assistance U.S______^______8354 Act of 1961______8353 P r o c u r e m e n t ; miscellaneous Control zones: amendments______8370 Alteration ______8358 Notices Designation______8358 FEDERAL MARITIME Buy American Act; secretarial Control zone and transition area; COMMISSION finding of violation______8378 designation______8357 Notices Control zone, control area exten­ Academy Forwarding Corp.; revo- sion, and transition area; alter­ ATOMIC ENERGY COMMISSION cation of license______.______8383 ation, revocation, and designa­ Hong Kong Ceiling Agreement; Notices tion ______:______8358 modification of order______8383 Consumers Power Co.; receipt of Enforcement procedures; warning application f o r construction notice of violation______8353 permit and utilization facility Medical standards and certifica­ FEDERAL POWER COMMISSION license------8381 tion; miscellaneous amend­ Proposed Rule Making ments______8355 CENSUS BUREAU Recreational facilities at licensed Standard instrument approach projects; prohibition of dis­ Notices p r o c e d u r e s ; miscellaneous crimination ______8376 amendments______8359 ^ overnine:nt agencies and Notices their contractors and suppliers, Transition area; designation_____ 8358 Hearings, etc.: 1965; report on shipments and Proposed Rule Making receipts for work done______8380 Cities Service Oil Co. et al_____ 8384 Control zones; alterations (2 doc­ El Paso Natural Gas Co______8387 uments) ______8372 Georgia Power Co______8387 CIVIL AERONAUTICS BOARD Oringderff, Alma, et al______8383 Notices Control zones and transition areas: Texaco, Inc., et al (2 docu­ Hearings, etc.: Alterations:______8373 ments) ------8385, 8386 Delta Air Lines, Inc______8381 Revocation, establishment, and Western Montana service inves­ alteration______8374 FISH AND WILDLIFE SERVICE tigation ------8382 Restricted area and controlled air­ space; alterations and designa­ Notices COAST GUARD tion------8375 Loan applications : Notices Transition areas: Ames, Crosby B ______8378 Alterations (2 documents) ..8374, 8375 Finlay, Lawrence______8379 JaS el RiTer: closure to navigation Designations (2 documents)____ 8373 Todd, Frank D ______8379 Qunng launching of “Ray”_____ 8378 Designation and revocation____ 8372 (C on tin ued on next page) 8335 8336 CONTENTS FOOD AND DRUG INTERSTATE COMMERCE ADMINISTRATION COMMISSION Rules and Regulations Notices Color additives; FD&C Yellow Fourth section applications for re­ No. 5______8369 lief ______8395 Pood additives; inorganic bro­ Motor carrier: ' mides______j_____ 8369 Alternate routé deviation no­ Notices tices______8393 Ciba Pharmaceutical Co.; with­ Applications and certain other drawal of approval of new- proceedings______:______8388 drug application______8380 Temporary authority applica­ Piling of petitions: tions______8388 Food additives: Transfer proceedings___.______8395 Atlas Chemical Industries, Inc ______i____ 8380 LAND MANAGEMENT BUREAU Elanco Products Co.; with­ drawal______8381 Notices Pesticides: New Mexico; opening of lands to Chevron Chemical Co______8380 entry and patenting______8379 PMC Corp______8381 Shell Chemical Co______8381 Upjohn Co______8381 SOCIAL SECURITY HEALTH, EDUCATION, AND ADMINISTRATION WELFARE DEPARTMENT Rules and Regulations See Pood and Drug Administra- „ Federal old-age, survivors, and tion; Social Security Adminis­ disability insurance; miscel­ tration. laneous amendments— ______8367 INTERIOR DEPARTMENT TREASURY DEPARTMENT See Fish and Wildlife Service; Land Management Bureau. See Coast Guard.

List of CFR Parts Affected

(Codification Guide)

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

7 CFR 14 CFR 32 CFR 8337 13____ - ______- ...... - ______8353 1001------8370 319____ 8371 722____ 8337 61______8354 1003------8337 67______1______— ___ 8355 1004------8371 728— 8371 775____ 8339 71 (5 documents)______8357, 8358 1007------8346 91------8354 1013 8371 1421___ 8371 1443— ______— ______8348 97------8359 1014. 1053. 8371 P r o p o s e d R u l e s : 71 (10 documents)______8372-8375 12 CFR 73______8375 47 CFR 545. 8353 P r o p o s e d R u l e s : 561. 8353 18 CFR 17______8376

P r o p o s e d R u l e s : 8______— 8376 20 CFR 404— 8367 21 CFR 8__* _____ 8369 121______8369 29 CFR 1605____ 8370 8337 Rules and Regulations

24; 29 F .R . 16210, as a m en d ed , 30 F .R . 5801, interest and this amendment shall be Title 7— AGRICULTURE as amended) effective upon filing of this document These administrative instructions shall with the Director, Office of the Federal Chapter III— Agricultural Research become effective June 15, 1966. Register. Service, Department of Agriculture The purpose of these administrative Section 722.430(h) of the regulations for Acreage Allotments for 1966 and Suc­ PART 319— FOREIGN QUARANTINE instructions is to cooperate with the State of California by prohibiting the ceeding Crops of Upland Cotton (31 F.R. NOTICES importation, from foreign countries 5300, as amended) is amended by adding Subpart— Nursery Stock, Plants, and where the Dutch elm disease occurs, of the following additional counties to the Seeds host plants of the disease, in furtherance list of designated States and counties: of action already taken by that State to Arkansas A dministrative I nstructions C o n c e r n ­ suppress the disease that might be in­ C ritte n d e n P h illip s i n g I m p o r t a t i o n o f E l m P l a n t s I n t o troduced with sueh plants. Therèfore, Mississippi P o in se tt C a l i f o r n i a the administrative instructions should be M o n ro e Pursuant to § 319.37-24 of the regula­ made effective promptly in order to ac­ K entucky tions relating to the importation of nurs­ complish their purpose in the public in­ F u lt o n H ic k m a n ery stock, plants, and seeds (7 CFR terest. Accordingly, under section 4 of Louisiana 319.37-24), under the authority of sec­ the Administrative Procedure Act (5 C a ld w e U O u a c h ita tions 1, 5, and 9 of the Plant Quarantine U.S.C. 1003), it is found upon good cause Act of 1912, as amended (7 U.S.C. 154, that notice and other public procedure Mississippi 159, 162), administrative instructions with respect to the administrative in­ B o liv a r L a fa y e tt e designated as § 319.37-24c are hereby structions are impracticable and con­ C a lh o u n S u n flo w e r adopted to read as follows: trary to the public interest, and good C o a h o m a T u n ic a cause is found for making the effective D e S o to W a r r e n § 319.37—24c A d m in is t r a t iv e instruc­ G r e n a d a W a s h in g t o n tions concerning nonissuance of per­ date thereof less than 30 days after pub­ Is s a q u e n a Y a lo b u s h a mits for importation o f elm plants lication in the F e d e r a l R e g i s t e r . ; . T ennessee into California. Done at Hyattsville, Md., this 9th day (a) In accordance with § 319.37-24 of of June 1966. G ib s o n S h e lb y L a k e T ip t o n [ s e a l ] J o h n s t o n , the regulations supplemental to the quar­ F. A. L a u d e r d a le antine relating to the importation of Director, nursery stock, plants, and seeds into the Plant Quarantine Division. (Secs. 344(n), 375; 78 Stat. 177, 52 Stat. 66, as amended; 7 U.S.C. 1344(n), 1375) United States, the Director of the Plant [F.R. Doc. 66-6527; giled, June 14, 1966; Quarantine Division has determined that 8 :4 5 a .m .] Effective date. Date of filing this the Chief of the California Bureau of document with the Director, Office of the Plant Quarantine has taken action to Federal Register. suppress the Dutch elm disease caused Chapter VII— Agricultural Stabiliza­ by the fungus Ceratocystis ulmi (Buis- Signed at Washington, D.C., on June tion and Conservation Service 10, 1966. man) C. Moreau and has promulgated (Agricultural Adjustment), Depart­ as Elm Tree Disease Quarantine Proc­ H. D. G o d f r e y , lamation No. 21, as amended April'17, ment of Agriculture Administrator, Agricultural Sta­ 1963, a plant quarantine prohibiting the SUBCHAPTER B— FARM MARKETING QUOTAS bilization and Conservation entry into California in interstate com­ AND ACREAGE ALLOTMENTS Service. merce of propagative material (except [A rn d t. 3 ] [F .R . D oc. 66-6578; F ile d , J u n e 14, 1966; seed) of elm (Ulmus spp.), and of the re­ 8 :4 9 a .m .] lated genera Zelkova and Planera. Fur­ PART 722— COTTON ther, the Chief of the California Bureau Subpart— A creag e Allotments for PART 728— WHEAT of Plant Quarantine has requested that 1966 and Succeeding Crops of Subpart— 1967—68 Marketing Year the U.S. Department of Agriculture co­ Upland Cotton operate in connection with such quar­ Sec. antine by prohibiting the importation T r a n s f e r o f C o t t o n A c r e a g e A f f e c t e d 728.451 Apportionment of the 1967 national uno California, of propagative material b y N a t u r a l D i s a s t e r acreage allotment for wheat of the designated genera, from the for­ among the several States. Basis and purpose. This amendment 728.452 Designation of States outside the eign countries which had been listed in is issued pursuant to the Agricultural commercial wheat-producing area the notice of quarantine concerning the Adjustment Act of 1938, as amended (52 for the 1967-68 marketing year. uutch elm disease (§ 319.70, revoked May Stat. 31, as amended; 7 U.S.C. 1281 et Au th o r ity: §§ 728.451 a n d 728.452 issu ed 15,1966,31 F.R. 5745) . seq.). The purpose of this amendment under secs. 301, 334, 334a, 375, 377, 379b, 52 tl/k) Under authority conferred upon is to designate States and counties that Stat. 38, as amended, 53, as amended, 66, ne Director of the Plant Quarantine have been affected by a natural disaster as amended, 73 Stat. 393, 76 Stat. 621,626, as ^vision § 319.37-24, notice is hereby within the meaning of section 344 (n) of a m e n d e d , 78 S ta t. 178, 79 S ta t. 1199; 7 U S .C . «wen that when destined for importation the act for the 1966 crop. 1301, 1334, 1 3 3 4 b ,1375, 1377, 1379b. to the State of California, import per­ In order that determinations with re­ Basis and purpose, (a) The regula­ ns will be refused for the importation spect to transfers of acreage for the 1966 tions contained in §§ 728.451 and 728.452 . Pr°Pagative material (except seed) crop may be made prior to the end of the. are issued pursuant to and in accordance porfo ^ mus spp.) and of the related cotton planting season, it is essential that with the Agricultural Adjustment Act of p.n,.ra Zelkova and Planera from the this amendment be made effective as soon 1938, as amended, to (1) apportion the ment of Europe and the Dominion as possible. Accordingly, it is hereby national acreage allotment among the an<* other foreign areas determined and found that compliance several States, and (2) to designate the Npmf United States, including with the notice, public procedure, and 30- commercial wheat producing area for the E 5 i Undlaild- . Labrador, St. Pierre, day effective date requirements of sec­ 1967-68 marketing year. (Se l0n’ and islan(ls adjacent thereto. tion 4 of the Administrative Procedure (b) Section 334(a) of the act, as amarti,’ 37 stat- 315, 316, 318, as Act (60 Stat. 238; 5 U.S.C. 1003) is im­ amended, provides that the 1967 na­ nded, 7 U.S.C . 154,159,162; 7 C F R 319.37- practicable and contrary to the public tional acreage allotment for wheat (less

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8338 RULES AND REGULATIONS

(1) a reserve of not to exceed 1 per The national reserve acreage needed (d) The findings and determinations centum thereof for apportionment to for reclamation and other new areas by the Secretary contained in §§ 728.451 counties in addition to the county allot­ coming into the production of wheat is and 728.452 have been made on the basis ments made under section 334(b) of determined to be 5,000 acres. This de­ of the latest available statistics of the the act on the basis of relative needs termination is based upon experience Federal Government as required by sec­ of counties for additional allotment be­ gained during past years and expected tion 301(c) of the act. cause of reclamation and other new needs for the coming year. (e) Since farmers need to know their areas coming into production of wheat, The 1967 national wheat allotment was 1967 farm acreage allotments as soon and less (2) a special reserve not in apportioned among the various States as as possible in order to plan their 1967 excess of 1 million acres for the pur­ follows : seeding operations, and since farm acre­ pose explained in the following para- To each 1966 State wheat allotment age allotments cannot be determined un­ cause of loss of history, and other determined under section 334(a) of the til the national acreage allotment is ap­ graph) shall be apportioned by the Secre­ act, as amended, and published in the portioned among States and counties, it tary among the several States on the F e d e r a l R e g i s t e r of July 9,1965 (30 F.R. is hereby found that the apportionment basis of the preceding year’s allotment 8669) was added (1) the sum of increased and determinations herein shall become for each such State, ' including all acreages allotted to farms in each State effective upon the date of the filing of amounts allotted to the State, and in­ in 1966 under section 335, (2) the sum this document with the Director, Office cluding for 1967 the increased acreages in of 1966 allotment acreage allocated to of the Federal Register. the State allotted for 1966 under section counties in each State from the 1966 na­ § 728.451 Apportionment of the 1967 335, adjusted to the extent deemed nec­ tional reserve for new areas coming into essary by the Secretary to establish a fair national acreage allotment of wheat the wheat production and (3) the sum am ong the several States. and equitable apportionment base for of 1966 allotment acreage allocated to each State, taking into consideration counties in each State from the special The national acreage allotment, less established crop rotation practices, esti­ national acreage reserve to increase al­ a national reserve of 5,000 acres and a mated decrease in farm allotments be­ lotments on eligible farms in designated special acreage reserve of 20,000 a c r e s fo r cause of loss of history, and other counties where wheat is a major income- additional allotments to counties, is relevant factors. producing crop. The resulting prelimi­ hereby apportioned among the several A special reserve acreage of not in ex­ nary apportionment bases for each State cess of 1 million acres is also provided for were (1) adjusted to reflect the net plus States as follows: in addition to the national acreage re­ or minus change in 1966 wheat allot­ A llo tm e n t serve. Such special acreage reserve ment resulting from the transfer of State (acres) shall be made available to the States to farms to other States for administrative A la b a m a ______:______71,824 make additional allotments to counties purposes, and (2) were adjusted down­ A r iz o n a ______45,062 on the basis of relative needs of counties, ward to the extent of the sum of 1966 A rk a n s a s ______;______154,832 as determined by the Secretary, for addi­ wheat allotments removed from farms C a lifo r n ia ______422,889 tional allotments to make adjustments in going out of agricultural production. C o lo ra d o ______2,687,134 Connecticut______i!______364 the allotments on old wheat farms (i.e., Adjustment in State preliminary ap­ farms on which wheat has been seeded D e la w a re ______.. 29,930 portionment bases for established crop F lo r id a ______19,460 or regarded as seeded to one or more of rotation practices were determined to be G e o rg ia ______r______142,284 the three crops immediately preceding necessary only in t&e States of Oregon, Id a h o ______1,242,482 the crop for which the allotment is es­ Colorado, and Washington. The ap­ I ll i n o i s .______1,868,763 tablished) on which the ratio of wheat portionment base for New Hampshire In d ia n a ______•______1,436,851 acreage allotment to cropland on the was adjusted to zero because there are I o w a _____i______159,301 K a n s a s - ______11,118,016 farm is less than one-half the average no wheat farms in such State. Because ratio of wheat acreage allotment to crop­ K e n tu c k y ______235,292 wheat acreage history loss in 1964 and L o u is ia n a ______43,805 land on old wheat farms in the county. prior years is already reflected in each M a i n e .______285 Such adjustments shall not provide an 1966 State allotment and section 334(a) M a r y la n d ___ *______.___ • 180,862 allotment for any farm which would re­ of the act, as amended by the Agriculture M a ss a c h u se tts______225 sult in an allotment-cropland ratio for Act of 1964 provided for full preserva­ Michigan. ______1,242,611 the farm in excess of one-half of such tion of history in 1965, no adjustment of M in n e s o ta ______t______1,061,568 county average ratio and the total of Mississippi______61,447 State preliminary apportionment bases M is s o u r i______1,744,475 such adjustments in any county shall not was made because of wheat acreage his­ exceed the acreage made available there­ M o n t a n a ______4,082,386 tory loss. The national wheat allot­ N e b r a s k a ______3,310,833 for in the county. Such apportionment ment of 59.3 million acres, less the na­ N e v a d a ______17,505 from the special acreage reserve shall be tional reserve and the special reserve, New Hampshire ______- _____ 0 made only to counties where wheat is a wâs distributed pro rata to States on the N e w J ersey ______53,558 major' income-producing crop, only to basis of each State’s apportionment base N e w M e x ic o ______487,219 farms on which there is limited oppor­ determined in accordance with the N e w Y o r k ______- __ ;___ 347,012 North Carolina _____ :______451,815 tunity for the production of an alterna­ foregoing. tive income-producing crop, and only if N o r t h D a k o t a ______.__ 7, 619,201 (c) Section 334a of the act providesO h io ______1,701,708 an efficient farming operation on the that if the acreage allotment for any O k la h o m a ______5,114,213 farm requires the allotment of additional State for any crop of wheat is 25,000 O r e g o n ______886,736 acreage from the special acreage reserve. acres or less, the Secretary may designate Pennsylvania ______6 f6 ,047 For the purpose of making adjustments such State as outside the commercial Rhode Island ______from the special acreage reserve, the South Carolina ______203,555 wheat producing area for the marketing cropland on the farm shall not include S o u t h D a k o t a - ______:______2,877,432 year for such crop in order to promote any land developed as cropland subse­ T e n n e ss ee ______216,694 efficient administration of the act and T e x a s ______- 4, 257,579 quent to the 1963 crop year. In deter­ the Agricultural Act of 1949. From the U t a h ______310,051 mining the amount of the reserve, con­ standpoint of efficient and equitable ad­ V e r m o n t ______“15 sideration was given to the acreage re­ ministration of the marketing allocation V ir g in ia ______quired for making such adjustments for W a s h in g t o n ______2, 061,67o program for the 1967-68 marketing year, the 1965 and 1966 crops. The acreage it is considered desirable that wheat mar­ W e s t V ir g in ia ______31> 33 apportioned to farms for the 1965 pro­ W is c o n s in ______— keting certificates be made available to gram amounted to approximately 46,000 W y o m in g — ______287,08 wheat producers in all States on precisely acres. Fewer additional farms were able the same basis. Therefore, no State for T otal apportioned to- to qualify for the reserve in 1966 and only which a State acreage allotment was States— . - — — — 50,275,000 23,255 acres were used. Accordingly, it determined will be designated outside the Special acreage reserve ------"i* ijw, is determined that 20,000 acres will be National reserve______adequate for the purpose of this special commercial wheat-producing area for the reserve for the 1967 crop. 1967-68 marketing year. Total national allotment— 59,300,000

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8339

§ 728.452 Designation o f States outside § 775.401 General. (b) “Barley acreage” means: the c o m m e r c ia l wheat-producing (1) For 1959 and 1960—Any acreage (a) The regulations in this subpart area for the 1967—68 marketing year. devoted to barley for harvest as grain in provide terms and conditions for the 1959 and 1960 and any acreage of barley No State for which a State acreage feed grain program for the 1966 through used for silage. It does not include allotment was determined is designated 1969 crops of feed grains respectively, barley used for hay, pasture, green as outside the commercial wheat pro­ under which diversion and price support manure, or as protective conservation ducing area for the 1967-68 marketing payments are made to producers who cover, except where the county commit­ year. Accordingly, the commercial wheat divert acreage from the production of tee determines such acreage was seeded producing area for the 1967-68 marketing any such crop of barley, com, grain for harvest as grain, but harvesting was year shall consist of all States in the sorghums and feed wheat (herein called not carried out due to abnormal con­ United States except New Hampshire, “feed grains”) to approved conservation ditions over which the producer had no Alaska, and Hawaii. uses, and increase their average acreage control. of cropland devoted in 1959 and 1960 to Effective date. Upon filing with the (2) For current year— Any acreage of Director, Office of the Federal Register. designated soil conserving crops or prac­ tices, including summer fallow and idle barley harvested as grain and any other Issued at Washington, D.C., this 10th land (herein called “conserving base”), acreage seeded to barley, excluding: day of June 1966. by an equal amount, except to the extent (i) Barley prevented from reaching maturity by being clipped and left on the O r v i l l e L. F r e e m a n , that producers devote the diverted acre­ land, destroyed by mechanical means or Secretary. age to substitute crops in lieu of conser­ vation uses. Payments will be made by natural causes, or used for other than [F.R. Doc. 66-G528; Filed, June 14, 1966; grain not later than the farm disposal 8:45 a .m .] the actual or constructive delivery of negotiable certificates which Commodity date, unless the farm operator requests Credit Corporation (CCC) will redeem that it be classified as barley acreage, (ii) Barley approved as a conservation SUBCHAPTER C— SPECIAL PROGRAMS in feed grains, and cash advances will be made to producers who request the as­ use in Part 792 of this chapter, as PART 775— FEED GRAINS sistance of CCC in marketing certificates amended, earned by them. (iii) Barley within the permitted acre­ Subpart— 1966—69 Feed Grain age destroyed by mechanical means after (b) If the operator of the farm elects Program Regulations farm disposal date and prior to harvest to participate in the program, diversion to the extent that no grain or forage Sec. and price support payments shall be crop remains, provided the operator re­ 775.401 G en e ra l. made available to the producers on such 775.402 Definitions. quests reclassification in writing and the farm only if such producers divert from 775.403 Administration. acreage is used to meet a deficiency in the production of feed grains an acreage 775.404 Requirements for eligibility. designated diverted acreage or conserv­ on the farm equal to the number of acres 775.405 Maximum diversion acres. ing acreage, 775.406 stated on Form ASCS-477, Intention to Designation, use, and care of di­ Civ) Barley within the permitted acre­ verted acreage. Participate and Payment Application 775.407 Farm conserving base. (herein called “Form 477”). age destroyed by natural causes after 775.408 farm disposal date and prior to harvest Permitted acreage of feed grains. (c) The program is applicable 775.409 Farm feed grain base. to the extent that no grain or forage crop throughout the United States, except in 775.410 County projected yields, farm pro­ remains, if the operator requests reclassi­ jected yields, and diversion and areas ^excluded by the Administrator, fication in writing, and price support payment rates. Agricultural Stabilization and Conserva­ (v) Barley within the permitted acre­ 775.411 Notice of base acreages, yields, and tion Service (A S C S ). age which the county committee deter­ payment rates. (d) A Feed Grain Program shall be in 775.412 A p p eals. mines was planted in an unworkmanlike effect for the 1967 through 1969 crops 775.413 Intention to participate in the manner solely for price support payments p ro g ram . of feed grains only if the Secretary de­ and not for harvest. 775.414 Advance diversion payment. termines that the total supply of feed (3) An acreage devoted to a mixture 775.415 Transfer of farm feed grain acre­ grains will, in the absence of such pro­ of crops is considered to be barley acre­ age affected by a natural disaster. gram, likely be excessive, taking into ac­ 775.416 age if the county committee determines Determinations of compliance.. count the need for an adequate carry­ the combined wheat and barley content 775.417 Final diversion payment and price over to maintain reasonable and stable support payment. is 25 percent or more by weight at har­ 775.418 supplies and prices of feed grains and to vest, and such acreage meets the require­ Division of diversion and price meet any national emergèncy. support payments. ments of subparagraph (1) or (2) of this 775.419 Additional provisions relating to § 775.402 Definitions. paragraph as being barley acreage, ex­ tenants and-sharecroppers. cept that an acreage devoted to a mix­ 775.420 Successors-in-ihterest. In the regulations in this subpart and 775.421 ture _ which includes wheat shall not be Scheme or device and fraudulent in all instructions, forms and documents considered as barley acreage if the crop representation. 775.422 in connection therewith, the words and is considered as wheat acreage under the Setoffs and assignments. phrases defined in this section shall have 775.423 Reconstitution of farms. regulations pertaining to farm acreage 775.4:24 the meaning assigned to them herein un­ Performance based upon advice allotments. o r a ctio n of county or S tate less the content or subject matter other­ (c) “Com acreage” means: com m ittee. wise requires. (I) For 1959 and 1960—Any acreage 775.425 Supervisory authority of State (a) The following words or phrasesplanted to field com for harvest and any com m ittee. shall have the meaning assigned to them acreage of sweet corn harvested primar­ 775 457 delegation of authority. in The Regulations Governing Reconsti­ County projected yields and counts ily for silage. It does not include: 775 4 rates. tution of Farms, Allotments and Bases, (1) Close sown com used for pasture • 28 Oats-rye diversion payment; sub­ Part 719 of this chapter, as amended: or green manure, stitution of feed grains for wheai “Acquired farm,” “agency,” “base pe­ (ii) Sweet com harvested primarily an d w h e a t fo r fe e d g ra in s, oat< riod,” “combination,” “county,” “com­ for market even though the forage is used 775 Aon , an d rye. munity committee,” “county committee,” for silage, Malting barley exemption. “county office,” “county office manager,” (iii) Popcorn, irrespective of use, and The Provisions of this subparl “cropland,” “Department,” “Deputy Ad­ (iv) Com not harvested but left on ïï'S C 5 Ï n BeC' 16 (i> - 79 S ta t. 1190 K ministrator,” “displaced owner,” “divi­ the land for wildlife feed on a farm con­ Stat 44 7q 2 ; ?ecs- 105(a) and 105(e), 71 sion,” “farm,” “operator,” “person,” “re­ sisting solely of Federal or State-owned sec. 326’ I l I 188' 7 U .S .C . 1441 note; constitution,” “Representative of State land. 1192, 7 bs6rStiaL 631, 77 Stat* 47> 79 Stat committee,” “Secretary,” “soil bank con­ (2) For current year— Any acreage 1210, 1211 7 TT«H.a: secs* 706* 708* 79 S ta t planted to field com and any acreage of 631 79 s + * 7 ,Y-S.C. 1306; sec. 328, 76 Stat tract,” “State executive director,” “State ' 79 S tat- 1206, 7 U .S .C . 1339c. other com, including sweet com, pop­ committee,” and “subdivision,” corn, and crosses pastured or harvested

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8340 RULES AND REGULATIONS primarily for livestock or poultry feed, (v) Grain sorghums in excess of per­ ator requests reclassification in writing excluding: mitted acreage, destroyed not later than and the acreage is used to meet a defi­ (i) Close sown corn used for green farm disposal date to the extent that no ciency in designated diverted acreage or manure, grain or forage crop remains, conserving acreage, and (ii) Sweet corn or popcorn harvested (vi) Sorghums within permitted acre­ (iv) Oats or rye within the permitted primarily for human consumption, even age, destroyed by mechanical means or acreage destroyed by natural causes though the forage is pastured or har­ natural causes prior to harvest to the after farm disposal date and prior to vested, extent that no grain or forage crop re­ harvest to the extent that no grain or (iii) Sweet com planted for canning mains, provided the operator requests forage crop remains, if the operator re­ or freezing or popcorn planted for human reclassification in writing and the acre­ quests reclassification in writing. consumption, from which no ears have age is used to meet a deficiency in desig­ (3) An acreage devoted to a mixture been or will be harvested for human nated diverted acreage or conserving of crops which includes oats or rye consumption because of adverse weather . acreage, and planted for harvest as grain is considered conditions, even though the forage is (vii) Sorghums within the permitted to be oats and rye acreage except when considered as barley acreage under para­ pastured or harvested, acreage which the county committee de­ (iv) Com approved as a conservation termines was planted in an unworkman­ graph (b) of this section or when con­ use in Part 792 of this chapter as like manner solely for price support pay­ sidered as wheat acreage under the regu­ amended, ment and not for harvest. lations pertaining to farm acreage allot­ (v) Com not harvested but left for (3) An acreage devoted) to a mixturements. , wildlife feed on a farm consisting solely of crops is considered to be grain sor­ (i) “Stated intention” means the total of Federal- or State-owned land, ghum acreage if the county committee number of acres of the established total (vi) Com in excess of the permitted determines the feed grain content is 50 feed grain base for a farm which the acreage, destroyed not later than the percent or more by weight at harvest, operator of the farm intends to divert farm disposal date to the extent that no the predominant feed grain is grain sor­ from the production of feed grains, as grain or forage crop remains, ghums and such acreage meets the re­ stated on Form 477. (vii) Com within the permitted acre­ quirements of subparagraph (1) or (2) (j) “Minimum diversion acres” means age, destroyed by mechanical means or of this paragraph as being grain sorghum the smallest number of acres of the natural causes prior to harvest to the acreage. established total feed grain base for the extent that no grain or forage crop re­ (e) “Feed wheat acreage” means the farm which can be diverted from the mains, provided the operator requests average acreage of wheat produced on production of feed grams as set forth in reclassification in writing and the acre­ the farm during 1959, 1960, and 1961, § 775.404(b) (2), in order for the farm to age is used to meet a deficiency in desig­ pursuant to the exemption provided in be eligible to participate in the program. nated diverted acreage or conserving section 335(f) of the Agricultural Ad­ (k) “Conservation Reserve Program” (herein called CRP) means the program acreage, and justment Act of 1938, in excess of the (viii) Com within the permitted acre­ small farm wheat base established under set forth in regulations issued pursuant age which the county committee deter­ § 728.17 of the Regulations Pertaining to to the Soil Bank Act, Part 750 of this mines was planted in an unworkmanlike Farm Acreage Allotments, Small Farm chapter, as amended. (l) “Cropland Conversion Program” manner solely for price support payment Bases and Normal Yields for 1964 and (herein called CCP) means the program and not for harvest. Subsequent Crop Years (§ 728.17 of this authorized under section 16 of the Soil (3) An acreage devoted to a mixture chapter). Such acreage shall be credited Conservation and ^Domestic Allotment of crops is considered to be com acreage to the commodity (barley, com, or grain Act, as amended, under which farmers if the county committee determines the sorghums) with the largest base for the and ranchers enter into agreements pro­ feed grain content is 50 percent or more farm and shall lose its identity as feed viding for changes in cropping systems by weight at harvest, the predominant wheat acreage. If there is no feed grain feed grain is corn and such acreage base for the farm, the acreage shall be and land uses, Part 751 of this chapter, meets the requirements of subparagraph credited to the predominant feed grain as amended. (1) or (2) of this paragraph as being in the county. (m) “Cropland Adjustment Program” (herein called CAP) means the program corn acreage. j (f) “Feed grain acreage” means the (d) “Grain sorghum acreage” means: sum of the barley, corn, and grain sor­ authorized under Title V I of the Food (1) For 1959 and 1960— Any acreage ghum acreages on the farm. and Agriculture Act of 1965, Part 751 of planted to grain sorghums of a feed grain (g) “Total feed grain base” means the this chapter, as amended. or dual purpose variety for harvest as sum of the feed grain bases established (n) “Great Plains Conservation Pro­ grain, silage or fodder and any acreage for barley, com, and grain sorghums for gram” means the program authorized by of sweet sorghums harvested for silage. the farm, except tha£ the barley base the Act of August 7, 1956, 70 Stat. 1115- It does not include sweet sorghums har­ shall not be included in the total feed 1117 (16 U.S.C. 590p(b)), Part 601 of vested for any purpose other than silage grain base for farms complying with the this title, as amended. and grain sorghums not harvested but provisions of § 775.429. (o) “Wheat Diversion Program” means left on the land for wildlife feed on a (h) “Oats and rye acreage” means: - the program authorized by section 339 farm consisting solely of Federal- or (1) For 1959 and 1960— Any acreage of the Agricultural Adjustment Act of State-owned land. planted to oats or rye for harvest as 1938, as amended, under which producers (2) For current year—Any acreage grain in 1959 and 1960. divert acreage from the production of planted to grain sorghums of a feed (2) For current year—Any acreage of wheat, Part 728 of this chapter, as grain or dual purpose variety, including oats or rye harvested as grain and any amended. any cross involving a feed grain or dual other acreage seeded to oats or rye, ex­ (p) “Upland Cotton Program” means purpose variety, and any acreage of cluding : the program authorized under Title Iv sweet sorghums used for silage, exclud­ (i) Oats or rye prevented from reach­ of the Food and Agriculture Act of 1965. ing maturity by being clipped and left ing: Part 722 of this chapter, as a m e n d e d . on the land, destroyed by mechanical (i) Any sorghum-grass cross which, at (q) “Price support payment” means all stages of growth, has most of the means or natural causes, or used for other than grain not later than the farm that part of the price support for the cur­ characteristics of the grass parent, rent year’s crop of corn, grain s o rg h u m s , (ii) Sweet sorghums harvested for any disposal date, (ii) Oats or rye approved as a con­ and barley made available to produce purpose other than silage, through payments in kind as authorized servation use in Part 792 of this chapter, (iii) Sorghums approved as a conser­ in section 105(e) of the Agricultural a vation use in Part 792 of this chapter, as as amended, of 1949, as amended. amended, (iii) Oats or rye within permitted (r) “Representative of the com\y (iv) Grain sorghums not harvested but acreage, destroyed by mechanical means left on the land for wildlife feed on a after farm disposal date and prior to committee” means a member of farm consisting solely of Federal or harvest to the extent that no grain or county committee or an employee o f[ State-owned land, forage crop remains, provided the oper­ county committee. ,

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8341

(s) “Substitute crop” means any of producers on the farm were in no way of the managerial operations of the other the following crops which may be pro­ responsible for the error, (b) the extent farm, that he has made a reasonable duced on the diverted acreage in lieu of of the error was such that the producers effort to encourage compliance with the conservation uses: Guar, castor beans, would not reasonably be expected to requirements of this subparagraph and sunflower, safflower, plantago ovato, ses­ question it, and (c) the producers in that it was through no fault of his own ame, crambe, and mustard seed. good faith complied with the program on that such farm was not in compliance. (t) “Farm disposal date” means the the basis of the error. In applying the provisions of this sub- disposal date set forth for each com­ (3) The acreage diverted from the paragraph (2),.a landowner or landlord modity in Part 718 of this chapter, as production of feed grains as stated on cannot escape responsibility for any feed amended. Form 477 must be devoted to one or more grain base or wheat allotment being ex­ (u) “Current year” means the calen­ approved conservation uses specified in ceeded by leasing for cash or other con­ dar year in which the feed grain crop Part 792 of this chapter, as amended, or sideration all or part of a farm. For with respect to which payment may be to substitute crops and the operator must purposes of this subparagraph (2), all made under this subpart would normally comply with the limitations on the use persons or entities in each category listed be harvested. of such acreage also specified in such below shall be considered as one pro­ § 775.403 Administration. part. ducer and fully responsible for the ac­ (4) In addition to the acreage re­ tions of any person or entity in that (a) The program will be administered ferred to in subparagraph (3) of this category: (i) A partnership and any under the general supervision of the Ad­ paragraph, an acreage equal to the con­ member of the partnership; (ii) a cor­ ministrator, ASCS (Executive Vice Presi­ serving base established for the farm un­ poration and the majority stockholder of dent, CCC), and shall be carried out in der Part 792 of this chapter, as amended, such corporation; (iii) an estate and an the field by Agricultural Stabilization and must be devoted to one or more of the heir of the estate with over a 50 percent Conservation State and county commit­ conservation uses also specified in such interest in the estate; (iv) a trust and a tees (herein called State and county com­ part. Acreage designated as diverted beneficiary of the trust with over a 50 mittees) and ASCS commodity offices. under any other Federal acreage reduc­ percent interest in the trust; (v) minor Notices of base acreages, yields, and pay­ tion program shall not be counted toward children and the parent, guardian, or ment rates shall be mailed to producers. maintaining the conserving base unless other person legally responsible for the Applications for advance and final pay­ authorized in the regulations governing minor unless the person legally responsi­ ments shall be approved by the county such program or Part 792 of this chapter, ble for the minor does not occupy the committee or by an authorized repre­ as amended. same household as the minor and shares sentative thereof. (5) Land owned by the Federal Gov­ no interest in the fanning operations of (b) State and county committees, ernment which has been leased subject the minor; (vi) husband and wife, except ASCS commodity offices and representa­ to restrictions prohibiting the production that the husband and wife may be con­ tives and employees thereof do not have of feed grains, or requiring the use of sidered as separate producers if the authority to modify or waive any of the land for other purposes, or prohibiting spouse receiving benefits under the pro­ provisions of the regulations in this sub­ the receipt of Federal payments for gram does not share to any degree in part, as amended or supplemented. diversion of such acreage will not be crops or proceeds thereof from the other farm, managerial control of the other § 775.404 Requirements fo r eligibility. eligible for participation in the program. Any other land owned by the Federal farm is not shared by such spouse, and (a) General. A person is eligible for Government which is being occupied there have been no changes in the opera­ the program if he is a producer on a without a lease, permit or other right of tions or managerial control of the other farm which meets the requirements of possession or land In a national wildlife farm which would tend to defeat the paragraph (b) of this section and he refuge shall not be eligible for participa­ purpose of the provisions of this subpar­ fulfills the requirements of paragraph tion in the program. agraph (2). Any executor, trust officer, (c) of this section. (6) Producers on a farm on which a or farm manager responsible for the (b) Farm requirements. (1) A Form new farm feed grain base is established management of a farm shall be consid­ 477 must be filed for the farm by the for the current year shall not be eligible ered as a producer on the farm when he operator in accordance with § 775.413. in that year for diversion payments under receives a percentage of the farm income (2) An acreage equal to at least 20 the program with respect to such farm exceeding 10 percent of the crops or Percent of the total feed grain base must but may earn price support payments by proceeds thereof for such management be diverted from the production of feed diverting the minimum acreage required service. pains. In the case of any farm which in subparagraph (2) of this paragraph (3) A minor will be eligible to partici­ is participating in the CRF, CCP, or CAP, and complying with all other require­ pate in the program only if (i) the right if the number of acres of nonconserving ments of the program. of majority has been conferred on him crops permitted is less than 20 percent (c) Producer eligibility requirements.by court proceedings; or (ii) a guardian of the total feed grain base, participation (1) The producer must be a person who has been appointed to manage his prop­ to the extent of such number of acres as landowner, landlord, tenant or share­ erty and the applicable documents are shall meet the minimum diversion acres cropper shares in the barley, corn, or signed by the guardian; or (iii) a bond is requirement. Notwithstanding the pro­ grain sorghums produced in the current furnished under which a surety guaran­ visions of the foregoing sentence, in the year on a farm meeting the requirements tees to protect ASCS from any loss in­ P85® any farm which is participating of paragraph (b) of this section or would curred for which the minor would be in the CRP, CCP, or CAP, if the number have shared in one or more of these liable had he been an adult. Notwith­ t acres of nonconserving crops per­ commodities if feed grains had been standing the foregoing, payment may be mitted is less than the total feed grain produced on such farm in the current made to a minor after December 31 of case, such number of acres shall, at the year on the acreage diverted under the the current year upon a determination puon of the farm operator filed not program. by the county committee that the minor has met the requirements of the program. . ^nan the final date specified in (2) On each other farm in which the for filing Form 477, be producer has an interest, the acreage of § 775.405 Maximum diversion acres. ha”16? to be the total farm feed grain feed grains shall not exceed the total oase for purposes of determining the The maximum number of acres which feed grain base. The acreage of wheat may be diverted under the program « W M l * acreage requirement shall also not exceed the wheat allotment (herein called maximum diversion acres) Thp J?- .er anticipation requirements. on any farm in which the producer has shall be the larger of (a) 25 acres, but oi?11??11111 diversion acreage require- an interest if there is substitution under not to exceed the total feed grain base with not apply if noncompliance § 775.428 on any farm in which he has for the farm or (b) 50 percent of the bv m50011 pr°visions was caused solely an interest. For the purpose of this total feed grain base for the farm: Pro­ Prodii,.oa'n error made in good faith by subparagraph (2), a producer shall not vided, That in the case of a farm which m l i v i n g data to the county be considered as violating the foregoing is participating in the CRP, CCP, or CAP, Z T v * ' OT,J m ^ eiTor, and the requirements if he satisfies the county the total number of acres which may be y committee determines that (a) committee that he did not have control diverted under this program, the wheat

No. i n -2 FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1965 8342 RULES AND REGULATIONS diversion program, and the upland cot­ farms within the State to the extent (iii) The type of soil and topography ton program, plus the acreage of all non­ necessary to establish fair and equitable of the land on the farm for which a base conserving crops on the farm other than feed grain bases within such State. is requested is suitable for the produc­ approved crops on diverted acreage, shall (c) Final dates for establishing feed tion of the commodity and the produc­ in no event exceed the smallest number grain bases. If the historical acreage tion of the commodity on the farm will of acres of nonconserving crops permitted from which feed grain bases are estab­ not result in an undue erosion hazard under the CRP, CCP, and CAP. lished has not been obtained for a farm under continuous production. and the operator or owner of the farm § 775.406 Designation, use, and care of (iv) The operator has adequate equip­ diverted acreage. expects to participate in the program on ment and other facilities readily avail­ the farm, such historical acreage must able for the successful production of the The regulations governing the desig­ be furnished to the county office not later crop on the farm. nation, use, and care of land diverted than the date for filing Form 477 as pro­ (v) The operator expects to derive 50 from the production of feed grains under vided in § 775.413(c). If after such date this program and approved conservation percent or more of his livelihood in the the establishment of a feed grain base current year from the production of uses thereon are set forth in Part 792 of for any farm is necessary for the purpose agricultural commodities or products this chapter, as amended. of determining cross compliance with from the farm for which the feed grain § 775.407 Farm conserving base. acreage requirements on farms other base application is filed. In making this than the farm with respect to which The regulations governing the estab­ computation, no value will be allowed payment is requested, a base shall be for the estimated return from the pro­ lishment and maintenance of the farm established for cross compliance pur­ conserving base, Part 792 of this chapter, duction of the requested base. However, poses. in addition to the value of agricultural as amended, shall be applicable to the (d ) Farms with no 1959 and 1960 program. products sold from the farm, credit will history. A farm shall not qualify for be allowed for the estimated value of § 775.408 Permitted acreage of feed payments under this program if there home gardens, livestock and livestock grains. was no feed gijain acreage on the farm in products, poultry, or other agricultural 1959 and 1960, unless (1) cropland on products produced for home consump­ The acreage of feed grains on the farm the farm was in the conservation reserve tion or other use on the farm. Where shall not exceed the acreage determined program or the great plains conservation the farm operator is a partnership, each by subtracting the stated intention from program during one or both of the years partner must expect to derive 50 percent the total feed grain base established for 1959 and 1960 and either the conserva­ or more of his livelihood in the current the farm. Notwithstanding the fore­ tion reserve program contract or the year from the production of agricultural going, in the case of any farm participat­ great plains conservation program con­ commodities or products from the farm; ing in the CRP, CCP, or CAP, the acreage tract is no longer in effect for all or part where the farm operator is a corpora­ of feed grains and other nonconserving of such land, (2) one or more feed grains tion, it must have no major purpose crops other than approved crops on acre­ were grown in 1957 or 1958 and a feed other than operation or ownership of age diverted under this program, the grain base was established in accordance such farm, and the officers and general wheat diversion program, and the upland with § 775.212(c) (2) of the 1963 feed manager of the corporation must expect cotton program, plus the designated grain program regulations, or (3) a new to derive 50 percent or more of their diverted acreages under such programs, farm base has been established in ac­ livelihood in the current year, including shall not exceed the smallest number of cordance with paragraph (e) of this dividends and salaries, from the corpo­ acres of nonconserving crops permitted section. ration. under the CRP, CCP, and CAP. (e) New farm base. (1) The State (vi) The applicant has at least 2 years’ § 775.409 Farm feed grain base. committee shall determine a base (herein experience in the last 5 years producing called “new farm base”) for each eligible the commodity for which a base is re­ (a) How obtained. The base acreage farm for which a feed grain base is re­ quested. for each of the commodities— barley, quested in writing before March 1 of the (vii) In the case of a farm which in­ com and grain sorghums— shall be the Current year. Each request shall be cludes land returned to agricultural pro­ average of the 1959 and 1960 acreages of made by the farm operator or owner duction after being acquired by an the commodity produced on the farm, on a form prescribed by the county com­ agency having the right of eminent do­ based upon information available to the mittee which shall contain statements main for which the total feed grain base county committee, as adjusted by the as to location 'and identification of the was pooled pursuant to Part 719 of this county committee to correct for ab­ farm, name and address of the farm chapter, at least 3 years have e la p s e d normal factors affecting production, and operator and other data necessary to from the date the former owner was to give due consideration to tillable acre­ enable the State committee to determine displaced from the acquired farm to the age, crop-rotation practices, types of soil, whether the conditions of eligibility pre­ date the request for a new farm base soil and water conservation measures, scribed by subparagraph (2) of this is considered. and topography, plus any feed wheat paragraph have been met. Farms with acreage credited as provided in § 775.402 a new farm base cannot qualify for a (3) In establishing a new farm base, (e). On farms with recognized history diversion payment under this program the State committee shall take into con­ of irrigated and nonirrigated feed grain in the current year but may qualify for sideration the tillable acres, crop-rota­ acreage in the base period for establish­ diversion and price support payments in tion practices, type of soil, topography ing yields, the base acreage for each ap­ succeeding years, and may qualify for a and the farming system to be followed plicable commodity shall be established price support payment in the current by the operator, including the equipment separately for the irrigated acreage and year by meeting the requirements in and other facilities available for the pro­ for the nonirrigated acreage for the pur­ § 775.404(b). Producers must meet the duction of feed grain under such system, pose of establishing a blended yield in requirements in § 775.404(c) to qualify and shall limit the base to the feed gram accordance with § 775.410(b). Separate on such farms for payments under this acreage planned for the farm for the bases for irrigated acreage and for non­ program. current year. irrigated acreage shall not be established (2) Eligibility., for a new farm base (4) If the feed grain acreage for the for farms where irrigation is used only shall be conditioned upon the following: year a new farm base is established is in drier years. Commodity base acre­ (i) The farm does not otherwise less than 75 percent of the base, the total ages for farms determined as set forth qualify for a feed grain base for any feed grain base for the succeeding year in this paragraph shall be approved by commodity. shall be limited to the prior year’s, feed grain acreage unless the requirements in a representative of the State committee. (ii) Neither the operator nor the (b) Adjustment authorized by Admin­ owner of the farm covered by the appli­ § 775.404(b) were met in t£e prior year. Bases by commodities for the succeeding istrator. The Administrator^ ASCS, may, cation owns or operates any other farm year shall be established in proportion to upon unanimous request of the State in the United States for which a feed committee, authorize the State commit­ grain base will be established for the the acreage devoted to each feed grain in tee to adjust any feed grain base for current year. the prior year.

FEDERAL REGISTER, VOL. 31, NO. 115— -WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8343

(5) The total new farm bases approved (e) Diversion payment rates for land receipt of Form 477-1 or pursuant to in a State in the current year shall not cash rented from governmental units. paragraph (a) of this section, the yields exceed 1 percent of the total feed grain The rate of diversion payment under the so proven shall be used in establishing base acreages for all farms in the State. program with respect to land which is yields: Provided, That the producer leased or rented on a cash-rent basis whose production records are used to § 775.410 County projected yields, farm from the Federal, State, county or local projected yields, and diversion and prove yields on the farm shall be required government, or subdivisions thereof, if price support payment rates. to furnish production data for all other such land is not otherwise ineligible for farms in the county or adjoining coun­ (a) County projected yields. Theparticipation in the program, shall be the ties in which he had an interest in any of county projected yields for barley, com, smaller of (1) the average per acre pay­ the years for which the yields are proven and grain sorghums are found in § 775.- ment rate for which the farm would have (unless there is conclusive evidence that 427. Projected yields will be basèü on qualified if the exception for land cash- the records presented are in fact for the yields per harvested acre during the 3 rented from a governmental unit were specific farm ), and such data shall be consecutive years including and ending not in effect, or (2) one-half the average used in making determinations for such with the second year prior-to the current per acre payment determined in sub- other farms in which the producer has year, adjusted for abnormal weather paragraph (1) of this paragraph plus the an interest in the current year. conditions affecting such, yields, for actual cash rent per acre of the land, § 775.413 Intention to participate in the trends in yields, and for any significant adjusted to take into account the quality program. changes in production practices. of the acres actually diverted when com­ (b) Projected farm yields. Except as pared with the total acres rented and the (a) Who may file. A Form 477 must provided in § 775.412(b)., the per acre services performed and capital improve­ be filed by the operator of an eligible projected farm yield for barley, com, and ments made at the producer’s expense farm if he wishes to participate in the grain sorghums shall be the county pro­ which are in addition to rent. program. jected yield established for the com­ (f) Diversion payment rates for land (b) Where to file. Form 477 shall be modity, adjusted to reflect the farm pro­ devoted to substitute crops. Notwith­ filed with the office of the county com­ ductivity for the commodity. standing any other provision of this sec­ mittee having jurisdiction over the county where the farm is located. (c) Minimum acre diversion payment tion, the diversion payment rate per acre rates. The minimum acre diversion pay­ shall be (1) 50 percent of the payment (c) When to file. Form 477 shall be filed within the period authorized by the ment rate for a farm shall be 20 percent rate otherwise applicable to the farm in Deputy Administrator. Notwithstanding of the result obtained by multiplying the the case of diverted acreage devoted to the foregoing, the closing date may be basic county support rate for the crop castor beans, guar, crambe, or sesame, extended by the county committee if the of the commodity for the year preced­ (2) 30 percent of the payment rate other­ producers on the farm establish to the ing the current year adjusted to reflect wise applicable to the farm in the case satisfaction of the county committee that any change between the national average of diverted acreage devoted to mustard rates for such preceding year’s crop and seed or plantago ovato, and (3) 20 per­ they intended to participate in the pro­ gram and their failure to file by such date the current year’s crop of the commodity cent of the payment rate otherwise ap­ was not due to the fault or negligence (which are found in § 775.427) by the plicable to the farm in the case of di­ of the producers. projected farm yield established for the verted acreage devoted to sunflower. No (d) Contents. The operator or owner commodity as provided in paragraph (b) diversion payment shall be made with shall provide on Form 477 the acreage of this section. Except as otherwise pro­ respect to diverted acreage devoted to which is intended to be diverted from vided in paragraphs (d), (e), and (f) of safflower. the production of barley, corn, and grain this section, the minimum acre diversion (g) Price support payment rates. sorghums for the farm for which the payment rate shall apply to the minimum The per acre farm price support payment form is filed. acreage required to be diverted under rate for barley, com, and grain sorghums (e) Withdrawal and revision. The § 775.404(b) (2) for farms with a total shall be determined by multiplying the operator may withdraw Form 477 by fil­ feed grain base of 25 acres or less. Ex­ projected farm yield established for the ing a written notice of withdrawal of the cept as provided in paragraph (d) of this commodity as provided in paragraph (b) form with the county committee. If section, no diversion payment for mini­ of this section by— Form 477 is withdrawn, the producers on mum diversion shall be made for farms (1) 1966. Barley, 20 cents; com, 30 the farm may, not later than the clos­ with total feed grain bases which exceed cents; and grain sorghums, 29.68 cents. ing date file a new Form 477. If the 25 acres. (2) 1967 through 1969. (To be issued farm is reconstituted or if a revised al­ as an amendment to this subpart.) (d) Additional acre diversion payment lotment or feed grain base notice is fates. The additional acre diversion pay­ § 775.411 Notice of base acreages, yields issued for any reason, the operator shall ment rate for a farm shall be 50 percent and payment rates. have 15 days after the mailing date of of the result obtained by multiplying the such notice of reconstitution or revised basic county support rate for the crop Each operator interested in the feed grain crop on a farm for which a feed allotment or feed grain base to file a new of the commodity for the year preceding Form 477. the current year adjusted to reflect any grain base is established shall be notified change between the national average in writing of the commodity base acreage, § 775.414 Advance diversion payment. rates for such preceding year’s crop and the established yield per acre, and the (a) Requirements. Before any pay­ the current year’s crop of the commodity additional acre diversion payment rate, ment is made to a producer, the producer which are found in § 775.427) by the for barley, com, arid grain sorghums, as must sign Form 477. All producers Projected farm yield established for the Applicable, and the conserving base for eligible to share in the advance or final commodity as provided in paragraph (b) the farm. Such notice will be on Form payment shall execute Form 477 before section. Except as otherwise pro- ASCS-477-1, Notice of Yields, Allot­ advance payments are approved in order «aed in paragraphs (e) and (f) of this ments, Base Acreages, and Rates (herein that proper division of payment may be non, the additional acre diversion called Form 477-1). determined. Producers may apply for B 3 * r&te shall apply to acreage di- § 775.412 ' Appeals. an advance payment when Form 477 is *or P ^ e n t in excess of the min- filed for the farm. acreage required to be diverted (a ) A producer may obtain reconsid­ (b) Amount of advance payment. eration and review of determinations tnto?r ! ~P*404(b)(2>. or shall apply to a The total advance payment to be made „ r r ” 22 acres on farms with total feed made under this subpart in accordance on a farm shall be one-half the estimated bases which are more than 25 but with the appeal regulations, Part 780 of total diversion payment to be earned. j. . an acres when (1) the stated in- this chapter, as amended. Each producer’s share of the advance h ion equals the maximum diversion (b) To the extent that a producer payment for the farm shall be obtained proves the actual yields for the. farm for ^?s’ *2^ no acreage is credited to feed by multiplying his percentage share of each of the three consecutive years in­ the diversion payment as specified on grains for the current year, and (3) there cluding and ending with the second year Form 477 by the total advance payment ^ no substitution under § 775.428. prior to the current year, either prior to for the farm. If the amount of advance

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8344 RULES AND REGULATIONS payment made to any producer with re­ ministrator may cancel such transfer. diverted acreage, and minus acreage spect to any farm is greater than the Action by the county committee to cancel diverted under the wheat diversion pro­ total payment actually earned by such a transfer shall be subject to the approval gram and the upland cotton program. producer under the program with re­ of the State committee or its repre­ (d) For farms with a total feed grain spect to such farm, he shall refund such sentative. base of more than 25 acres, no diversion excess with interest as provided in (f ) Transferred acreage. Transferred payment shall be made with respect to § 775.417( i ) . acreage which is planted shall be deemed the minimum diversion acreage except planted on the farm from which trans­ as provided in § 775.410(d). § 775.415 Transfer of farm feed grain ferred. (e) Except as provided in § 775.410 (d ), acreage affected by a natural disas­ (g) Closing date. The closing date for the acreage at the additional diversion ter. filing application for transfer with 'the payment rate shall be computed in ac­ (a) General authority. Upon a de­county committee shall be June 1 of the cordance with the following applicable termination for any year that because calendar year in which the crop is provisions: of a natural disaster a portion of the harvested. (1) Credit as minimum diversion acres farm feed grain bases in a county can­ § 775.416 Determinations of compli­ to each commodity an acreage deter­ not be timely planted or replanted in ance. mined by multiplying the underplanted such year, a transfer of such acreage may acreage of each commodity by the ratio be authorized in States and counties (a) Determination of the acreage de­of the minimum diversion acres for the designated by the Deputy Administrator. voted to feed grains and of the acreage farm to the total underplanted acreage \ (b) Application for transfer. The designated as diverted acreage shall be of the commodities underplanted. owner or operator of a farm in a county made in accordance with Part 718 of this (2) After deducting the minimum di­ designated for any year under paragraph chapter, as amended. version acres credited in subparagraph (a) of this section may file a written (b> A representative of the county (1) of this paragraph from the under- application for transfer of feed grain committee or the State committee or any planted acreage of each commodity, authorized representative of the Secre­ acreage, within the total feed grain base, credit the total acreage upon which pay­ for such year to another farm in the tary shall have the right at any reason­ ment is based first to the underplanted same county or in an adjoining county in able time to enter a farm, concerning commodity with the highest additional the same or another State if such acreage which representations have been made diversion, payment, rate, then any bal­ on any forms filed under the program, in cannot be timely planted or replanted ance to the. underplanted commodity order to measure the acreage planted to because of the natural disaster deter­ with the next highest additional diver­ mined for such year. The application feed grains and the acreage which the sion payment rate, and then any operator designated as being devoted to shall be filed with the county committee balance to the underplanted commodity approved conservation uses on the farm, for the county in which the farm af­ with the lowest additional diversion pay­ to examine any records pertaining there­ fected by such disaster is located. If the ment rate. to, and otherwise to determine the ac­ application involves a transfer to an ad­ curacy of a producer’s representation (f) The balance of the total earned joining county, the county committee for and the performance of his obligations diversion payment due each eligible pro­ the adjoining county shall be consulted under the program. ducer under the program shall be de­ before action is taken by the county termined by multiplying the total earned committee receiving the application. § 775.417 Final diversion payment and diversion payment for the farm by the (c) Amount of transfer. The acreage price support payment. producer’s share of such payment and to be transferred shall not exceed the (a) Payments of any amounts due the subtracting therefrom the advance pay­ smaller of (1) the total feed grain base producers on a farm shall be made after ment made to such producer. established less such acreage planted to the farm operator certifies that the farm (g) A farm shall be eligible for a price feed grains and not destroyed by the is in compliance with the requirements support payment if producers on the natural disaster, or (2) the smallest per­ of the program by signing Form 477, and farm file a Form 477 for the current mitted acreage of nonconserving crops the county committee determines that year and comply with all of the regula­ under the CRP, CCP, or CAP, or (3) the the producers and the farm are in com­ tions in this subpart. The amount of the acreage requested to be transferred. pliance with such requirements. The price support payment for each com­ (d) County committee approval. The signing of Form 477 by any producer modity shall be determined by multiply­ county committee shall approve the after May 1 of the year following the ing the acreage of the commodity as transfer if it finds that the following current year shall not be approved by defined in paragraphs ( b ) , (c ), and (d) conditions have been met: the county committee unless prior ap­ of § 775.402 by the applicable price sup­ (1) All or part of the total feed grain proval of the State committee is obtained. port payment rate per acre as determined base for the farm from which the (b) Except as otherwise provided .in accordance with § 775.410(g): Fro- acreage is to be transferred could not herein and in Part 791 of this chapter, vided, That the total acreage of feed timely be planted or replanted because of as amended, no diversion payment shall grains upon which price support pay­ the natural disaster and planting was, be made for a farm or to a producer ments are made shall in no event exceed not prohibited by the lease in the case when there is failure to comply fully the smaller o f the permitted acreage or of lands owned by the Federal Gov­ with the regulations in this subpart. 50 percent of the total feed grain base, ernment. (c) The total diverted acreage of feed and if the feed grain acreage" is not less (2) One or more producers of feed grains shall be determined by subtract­ than 90 percent of this maximum acre­ grains on the farm from which the ing the feed grain acreage on the farm age, the farm shall be credited with the acreage is to be transferred will be a bona from the total feed grain base. Except maximum acreage for price support pay­ fide producer engaged in the production as provided in paragraph (d) of this ment. For purposes of the preceding of feed grains on the farm to which the section, the total acreage diverted from sentence, any acreage on the farm which acreage is to be .transferred and will feed grains on which diversion payments the county committee determines was share in the crop or in the proceeds shall be based shall be the smallest of: not planted to feed grains in the current therefrom. Such sharing shall be in (1) The stated intention. year because of flood, drought, or other the manner customary in the area in (2) The total underplanted acreage of natural disaster shall, within the per­ order to establish the status of such feed grains. mitted acreage, be deemed feed grains producer as a bona fide producer on the (3) The increased acreage devoted to in accordance with instructions issuea farm to which the acreage is to be approved conservation uses and substi­ by the Deputy Administrator providea transferred. tute crops. such acreage is not subsequently planted (e) Cancellation of transfer. If a (4) The designated diverted acreage. to any other income-producing crOP M transfer is approved under this section (5) If the farm is participating in the the current year. For purposes of tms and it is later determined that the con­ CRP, CCP, or CAP, the smallest number paragraph, producers may have acre®°_ ditions in paragraph (d) of this section of acres of nonconserving crops per­ devoted to soybeans considered as de­ have not been met, the county commit­ mitted minus the acreage devoted to voted to the production of feed grams- tee, State committee or the Deputy Ad- such crops other than approved crops on The total earned price support payme

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966. RULES AND REGULATIONS 8345 due each eligible producer shall be de­ mittee will determine the sharing of pay­ payment to which he would otherwise be termined by multiplying the total ments among such producers on a fair entitled to receive under this program. earned farm price support payment for and equitable basis, based on the factors (b) The provisions of paragraph (a) the farm by the producer’s share of such provided in this paragraph. Payments (2) of this section shall not apply to a payment. of amounts so determined shall be made cash tenant, standing-rent tenant, or a (h) Notwithstanding any other provi­ to eligible producers upon their request. fixed-rent tenant unless such tenant was sion of the regulations in this subpart, (c) Division of price support payment. living on the farm in the year immedi­ if a producer declines, for personal rea­ Each producer’s share of the farm price ately preceding the current year or re­ sons, to accept all or any part of his support payment for a commodity shall ceived 50 percent or more of his income share of the payment computed for a be based on his share of the current in such year from the farm. farm in accordance with the provisions year’s crop of the -commodity on the of this section, such payment or portion farm, or the proceeds thereof, except § 775.420 Successors-in-interest. thereof shall not become available for fhat the State committee may approve (a) In the case of the death, incom­ any other producer on the farm. a different division which is fair and petency, or, disappearance of any pro­ (i) In the event it is determined that equitable where it is determined that the ducer whose name appears on Form 477, a producer is not entitled to any pay­ distribution of crop plantings is abnor­ the diversion or price support payment ment received, he shall refund such pay­ mal in relation to past history of the due him shall be made to his successor,, ment with interest at the rate of 6 farming operation or is contrary to cus­ as determined in accordance with the percent per annum from the issue date tomary practice, and except as provided regulations in Part 707 of this chapter, of the payment to the date it is refunded. in § 775.420(d). as amended. (d) Refund of payments not properly (b ) When any person who would have § 775.418 Division of diversion and divided. Payments which producers re­ price support payments. had an interest as producer (herein ceive to which they are not entitled, in­ called “predecessor”) in feed grains if (a) General. There shall be listed on cluding diversion payments which the they had been produced on the diverted Form 477 filed for the farm the name of county committee determines are not acreage has been succeeded on the farm each person on the farm who has an fair and equitable based on the factors by another producer (herein called “suc­ interest in the crop of barley, corn, or provided in this section, shall be re­ cessor”) after Form 477 has been filed, grain sorghums or would have had an funded to the county committee. In the the share of the advance and final diver­ interest had such crop(s) been produced event of fraud, the producer shall be sion payment to which they are entitled on-the acreage diverted under the pro­ subject to the provisions of § 775.421. shall be divided between them on such gram together with the share of the basis as the predecessor and successor diversion payment and the share of the § 775.419 Additional provisions relating to tenants and sharecroppers. agree is fair and equitable. If such per­ price support payment which such per­ sons are unable to agree to a division of son is to receive. If such person refuses (a) Form 477 for a farm shall not bethe payments, the county committee or fails to sign Form 477, the share of approved for payment by the county shall determine the division of the pay­ the payment to which he would other­ committee if the county committee de­ ments taking into consideration the fol­ wise be entitled shall be shown on the termines that: lowing, among other factors it deems form. The sum of the percentage shares (1) The landlord or operator has not pertinent: of the diversion payment shall equal afforded his tenants and sharecroppers, (1) The respective interests which the 100 percent and the sum of the per­ if any, an opportunity to participate in predecessor and successor would have centage shares of the price support pay­ the program; had in feed grains if they had been pro­ ment shall also equal 100 percent. (2) The landlord or operator has, in duced on the diverted acreage; (b) Division of diversion payment. anticipation of or because of participat­ (2) The respective contributions to Diversion payments made under this ing in the program, reduced the number the diversion in acreage which have been Program shall be divided in such a way of tenants and sharecroppers on the made by the predecessor and by the suc­ that all eligible producers will share in farm (if a tenant or sharecropper leaves cessor; and the payments o n . a fair and equitable the farm voluntarily or for some reason (3) The respective contributions of the basis. If producers whose names are other than being forced off the farm by predecessor and successor to the estab­ listed on Form 477 agree to their respec­ the landlord or operator in anticipation lishment and maintenance of the con­ tive percentage shares of the diversion of or because of participating in the pro­ servation uses on the designated diverted Payment and it is fair and equitable, the gram, the failure to replace such tenant acreage. division of payment as determined shall or sharecropper shall not be considered (c) Notwithstanding the foregoing, if be approved by a representative of the as a reduction in anticipation of or be­ a tenant or sharecropper who would have county committee subject to the provi­ cause of participating in the program ); had an interest in feed grains if they sions of §§ 775.419 and 775.420. The (3) There exists between the operator had been produced on the diverted acre­ following factors should be considered or landlord and any tenant or sharecrop­ age leaves a farm after Form 477 has m arriving at the division of the diver­ per, any lease, contract, agreement or been filed for the farm, but before the sion payment: understanding unfairly exacted or re­ final diversion payment has been made (1) The basis on which produce quired by the operator or landlord which and is not succeeded on the farm by would have shared in the production < was entered into in anticipation of par­ another person, his name shall be in­ the acreage of barley, com, and grai ticipating in the program, the effect of cluded in Part IV of F’orm 477 and the sorghums diverted; which is: division of payment to which he is en­ (2) The savings or benefits accruir (i) To force the tenant or share­ titled shall be determined as provided to each producer as a result of not pr< cropper "to pay over to the landlord or in § 775.418. ducing a feed grain on the acreage d operator any payment earned by him verted; (d) The price support payment to the under the program; predecessor and successor shall be di­ (3) The respective contributions of (ii) To change the status of any^ ten­ vided on such basis as they agree is fair 8«h producer to the establishment and ant or sharecropper so as to deprive him and equitable. If such persons are un­ maintenance of the conservation use on of any payment or right which he would able to agree to a division of the price eacreage designated as diverted from otherwise have had under the program; support payment, the price support pay­ Production; and (iii) To reduce the size of the tenant’s ment shall be issued to the producer div^ Tile resPe°tive relationship of the or sharecropper’s producer unit; or who has the interest in the crop at the acre®&® and increased conser- (iv) To increase the rent to be paid by time of harvest, and if the crop is com­ acreage to the various ownership the tenant or decrease the share of the pletely destroyed prior to harvest, the facts comprising a farm. crop or its proceeds to be received by the price support payment shall be issued Fn^0(^ ers names are listei sharecropper. to the producer who had the interest at of t+T m cann°t agree on the divi (4) Any other scheme or device has the time of destruction of the crop. pmHn mversion Payment among elij been adopted for the purpose of depriv­ (e) In any case where any diversion Producers on the farm, the county < ing any tenant, or sharecropper of the or price support payment due any suc-

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8346 RULES AND REGULATIONS

cessor producer has previously been paid representative of the Secretary shall be shall, for the purposes of determining to the producer who filed Form 477, such applicable to this subpart. compliance for the current year, be re­ payment shall not be paid to the succes­ duced to the extent the barley acreage sor producer unless it is recovered from § 775.425 Supervisory authority of State for the current year exceeds the barley the producer to whom it has been paid committee. base as permitted by the provisions of or payment is authorized by the Deputy The State committee may take any this section. If the farm is participating Administrator. action required by the regulations in this in the feed grain program for the current § 775.421 Scheme or device and fraud­ subpart which has not been taken by year, the conserving acreage requirement ulent representation. the county committee. The State com­ of § 775.404(b) (4) shall, for purposes of mittee may also (a) correct, or require determining compliance with the feed (a) A producer who is determined by a county committee to correct, any ac­ grain program for the current year, be the State committee, or by the county tion taken by such county committee increased to the extent the barley base committee with the approval of the State which is not in accordance w ith . the. for the current year is underplanted. A committee, to have adopted any scheme regulations of this subpart, or (b) re­ request for a malting barley exemption or device which tends to defeat the pur­ quire a county committee to withhold may not be withdrawn after the (dosing pose of the program shall refund any taking any action which is not in ac­ date for filing Form 477 except as pro­ payment received by him. cordance with the regulations of this vided in instructions issued by the Deputy (b) Themaking of a fraudulent rep­ subpart. Administrator. Producers who have re­ resentation by a person in the payment quested a malting barley exemption §775.426 Delegation o f authority. documents or otherwise for the purpose (which is not withdrawn in accordance of obtaining a payment from the county No delegation herein to a State or with the preceding sentence) shall be committee shall render the person liable, county committee shall preclude the ineligible for feed grain diversion and aside from any additional liability under Administrator, ASCS, or his designee, price support payments on the farm if criminal and civil frauds statutes, for a from determining any question arising they fail to meet all the requirements of refund of the payments received by him under the program or from reversing or this section. The provisions of § 775.428 with respect to which the fraudulent modifying any determination made by shall not be applicable to a farm with a representation was made. a State or county committee. malting barley exemption. (b) Approved malting varieties are: §775.422 Setoffs and assignments. § 775.427 County projected yields and Atlas, Barbless, Detzes, Dickson, Forrest, (a) Producer indebtedness. Setoffs county rates. Hanna;* Haisa II, Hannchen, Heines against diversion and price support pay­ N ote: F o r te x t of th is section , see 31 FJEt. Hanna, Idaho Club, Kindred, Larker, ments which a producer is eligible to 315. Manchuria, Montcalm, Moravian, O.A.C. receive shall be made as provided in the 21, Oderbrucker, Odessa, Parkland, Pero- regulations issued by the Secretary gov­ §775.428^ Oats-rye diversion payment; substitution o f feed grains for wheat line, Traill, Trophy, White Winter, Win­ erning setoffs and withholdings, Part 13 and wheat for feed grains, oats and ter Club, Winter Tennessee, and, in the of this title (29 F.R. 94â5), and any rye. amendments thereto. Klamath Basin of California and Ore­ gon, Firlbecks III. (b) Assignments. Diversion and price Oats-rye diversion payments and sub­ support payments may be assigned only stitution of feed grains for wheat and (c) This section shall be applicable to the Farmers Home Administration wheat for feed grains and oats and'rye only in California, Colorado, Idaho, Illi­ in accordance with instructions issued shall be governed by the provisions of nois, Iowa, Michigan, Minnesota, Mon­ by the Deputy Administrator. § 728.410 of the regulations governing the tana, Nebraska, North Dakota, Oregon, wheat diversion program (§ 728.410 of South Dakota, Washington, Wisconsin, § 775.423 Reconstitution o f farms. this chapter). and Wyoming. Farms shall be reconstituted and feed (The recordkeeping and reporting require­ grain bases established therefor in ac­ § 775.429 Malting barley exemption. ments of these regulations have been ap­ cordance with the regulations govern­ (a) Notwithstanding any other provi­ proved by, and subsequent recordkeeping ing reconstitution of farms, allotments, and reporting requirements wUl be subject sions of this subpart, barley shall not be to the approval of the Bureau of the Budget and bases, Part 719 of this chapter, and included in the feed grain program for in accordance with the Federal Reports Act any amendments thereto. Yields for a farm if (1) the current year’s farm o f 1942.) farms reconstituted for the current year owner or operator planted an approved after current year yields have been malting variety -of barley during 1 or Effective date. Upon publication in established shall be determined as more of the 5 years immediately preced­ the F ederal R egister. follows: ing the current year; (2) the operator Signed at Washington, D.C., on June (a) Combination: Multiply the com­ has requested a malting barley exemption 9, 1966. modity base by the yield for each parent on Form 477 during the period specified H. D. G o d f r e y , farm, and divide the sum of the results in § 775.413(c); (3) barley only of an ap­ Administrator, Agricultural Sta­ for all parent farms by the sum of bases proved malting variety is planted on the bilization and Conservation for the commodity on the parent farms. farm for harvest in the current year; Service. (b) Division: Determine a yield in ac­ (4) an acreage of barley is not knowingly [F.R. Doc. 66-6529; Filed, June 14, 1966; cordance with § 775.410. The weighted produced in excess of 110 per centum of % 8:45 a.m.] average yields for all the farms resulting the barley base for the farm; and (5) an from the division is limited to the yield acreage of other feed grains is not know­ for the parent farm, except for rounding. ingly produced in excess of the total feed Chapter XIV— Commodity Credit Cor­ grain base for the farm (excluding bar­ (c) Any Form 477 filed for a farm poration, Department of Agriculture before it is reconstituted for the current ley) . No diversion or price support pay­ year shall be canceled and the farm ment shall be made for barley on such SUBCHAPTER B— LOANS, PURCHASES, AND operator notified of the cancellation. A a farm. A barley producer on a farm in OTHER OPERATIONS corrected Form(s) 477 may be prepared compliance with the provisions of this for the farm (s) as properly constituted section shall not be eligible for price [C.C.C. Grain Price Support Regs., 1966 even though this action is necessary support loans with respect to barley un­ and Subsequent Drops Rice Supp] after the final date for filing Form 477 less such producer also complies with the PART 1421— GRAINS AND SIMILARLY as specified in § 775.413(c). provisions of § 775.404(c) (2) . If the HANDLED COMMODITIES farm is participating in the feed grain § 775.424 Performance based upon ad­ program for the current year or the Subpart— 1966 and Subsequent vice or action o f county or State com­ mittee. wheat diversion program for the current Crops, Rice Loan and Purchase Pro­ year, the conserving acreage require­ gram The provisions of Part 790 of this ments of § 775.404(b) (4) and of § 728.401 chapter relating to performance based (b) (4) of this chapter of the regulations The General Regulations G o v e rn in g upon action or advice of an authorized governing the wheat diversion program Price Support for the 1964 and S u bse-

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15,. 1966 RULES AND REGULATIONS 8347 quent Crops (31 F.R. 5941) issued by the § 1421.2763 Compliance requirements. (b) On farm. The quantity of rice Commodity Credit Corporation, which An eligible producer shall be a producer placed under a farm-storage loan shall contain regulations of a general nature on whose farm the rice acreage allotment be determined in accordance with § 1421.67 and shall be expressed in whole with respect to price support loan and established for the farm under Part 730 purchase operations, are supplemented of this title has not been knowingly ex­ units of 100 pounds. for the 1966 and subsequent crops of rice ceeded. If the farm is determined to be (c) Bagged or bulk. In determining as follows: in compliance \yith the farm rice acre­ the quantity of bagged rice by weight, Sec. age allotment upder the provisions of the gross weight, including bags, shall be 1421.2760 P u rp o s e. Parts 718 and 730 of this title, the farm used. When necessary to convert bagged 1421.2761 A v a ila b ilit y . rice acreage allotment will not be con­ rice to a bulk basis or bulk rice to a 1421.2762 E lig ib le rice. sidered to have been knowingly exceeded. bagged basis, an adjustment of 0.6 pound 1421.2763 Compliance requirements. for 100 pounds of gross weight shall be 1421.2764 D e te r m in a tio n o f q u a lity . If a producer has an interest in a rice crop produced on more than one farm made as allowance for the weight of the 1421.2765 Determination of quantity. bag. 1421.2766 W a r e h o u s e receipts. in the same county, he must also be en­ 1421.2767 W a r e h o u s e ch arges. titled to receive a marketing certificate § 1421.2766 Warehouse receipts. 1421.2768 F ees a n d ch arges. for each such farm in order to be eligible 1421.2769 Inspection certificates. for price support. If a producer is en­ (a) General. A warehouse receipt 1421.2770 S ettle m e n t. gaged in the production of rice in more representing rice to be placed under a 1421.2771 Maturity of loans. warehouse storage loan, delivered in sat­ 1421.2772 S u p p o r t rates. than one county (in the same State or in two or more States) and the require­ isfaction of a farm storage loan or deliv­ Authority': The provisions of this subpart ments of Rice Marketing Quota Regu­ ered for purchase, must meet the require­ issued u n d e r sec. 4, 62 S ta t. 1070, as a m e n d e d ; lations of Part 730 of this title, and any ments of this section and the General 15 U.S.C. 714b. Interpret or apply sec. 5, Regulations Governing Price Support for 62 Stat. 1072, secs. 101, 401, 62 S ta t. 1051, as amendments thereto, are applied to such 1964 and Subsequent Crops as amended amended, 1054,'sec. 302, 72 S ta t. 988; 15 U .S .C . multiple farming unit, he must be en­ 714c, 7 U .S.C . 1421, 1441. titled to receive a marketing certificate or revised. A separate warehouse re­ for'each such farm, wherever situated, in ceipt must be submitted for each class or § 1421.2760 Purpose. order to be eligible for price support on variety, grade, and milling yield of rice. This supplement contains program his rice. Each warehouse receipt must carry an provisions which, together with (a ) the endorsement by the warehouseman in § 1421.2764 Determination of quality. annual crop year supplement, (b) the substantially the following form: revised general regulations governing (a) Quality. The class or variety, Warehouse charges through (applicable price support for the 1964 and subsequent grade, grading factors, milling yield, and maturity date) including, but not limited crops, (c) the Cooperative Marketing As­ all other quality factors shall be deter­ to, receiving and loading out charges accrued sociation eligibility requirements for mined in accordance with the Official or to accrue, and all other charges incident price support in Part 1425 of this-chapter, Standards of the United States for Rough to the acquisition of the rice by CCC, on the and (d) any amendments to such regu­ Rice, whether or not such determinations rice represented by this warehouse receipt have been paid or otherwise provided for and lations, set forth the requirements with are made on the basis of an official inspection. a lien for such charges will not be claimed respect to price support for the 1966 and by the' warehouseman from CCC or any sub­ subsequent crops of rice. (b) Loans. In the case of rice stored sequent holder of the warehouse receipt. If commingled in an approved warehouse § 1421.2761 Availability. the rice represented by this warehouse receipt loans will be made on the quality shown is to be loaded out in bags, the warehouse­ A producer desiring price support must on the warehouse receipt, or supplemen­ man agrees that any and all right, title and request a loan on or notify the ASCS tal certificate if applicable. In all other interest which he has in such bags shall pass county office of his intention to sell his cases, loans will be made on the basis of with the rice when such rice is acquired quality shown on the Federal or Federal- under the price-support program or shall pass eligible rice no later than the date(s) at the time the rice is loaded out if the rice set forth in the applicable annual crop State sample inspection certificate based is not in bags at the time of acquisition by supplement to the regulations in this on a representative sample of each lot CCC. part. .-r \ ^ of rice taken as authorized by the county (b) Entries. Each warehouse receipt, committee. § 1421.2762 Eligible rice. inspection certificate or warehouseman’s § 1421.2765 Determination of quantity. supplemental certificate properly identi­ (a) General. To be eligible for price fied with the warehouse receipt must be support, rice must meet the requirements (a) In warehouse— (1) Commingled.issued in accordance with the Uniform °* this section in addition to the other The amount of a loan on the quantity of Rice Storage Agreement and must show : eligibility requirements of the program. eligible rice stored commingled in an (1) Eligible producer. The ricé must (1) Whether the rice is stored in bulk approved warehouse shall be based on the or in bags, have been produced by an eligible pro­ weight specified on the warehouse receipt ducer. representing such rice which is pledged (2) Whether the rice is to be delivered in bulk or in bags, (2) Classes. The rice must be one as security for the loan, or on the supple­ of the plasses or varieties specified in (i) mental certificate, if applicable. (3) Gross weight for bagged rice and the applicable annual crop year supple­ (2) Identity preserved or modifiednet weight for bulk rice, ment or (ii) the Official Standards of the commingled. The amount of a loan on (4) Class or variety, United States for Rough Rice other than the quantity Qf eligible rice stored iden­ (5) Grade, Mixed Rough Rice.” tity preserved or modified commingled (6) Grading factors, (3) Contamination and poisonous sub­ in an approved warehouse shall be based (7) Milling yield, stances. Rice must not be contaminated on a percentage, as determined by the (8) Moisture, Py rodents, birds, insects or other vermin State committee, of the weight specified (9) Method of storage (commingled, °r contain mercurial compounds or other on the warehouse receipt representing modified commingled or identity pre­ substances poisonous to man or ani­ such rice which is pledged as security for served) , and mals. the loan, or on the supplemental certifi­ (10) Manner by which rice was re­ ®ra&e requirements for loan. In cate, if applicable. Such percentage ceived (truck or ra il). to the requirements of para- shall not exceed 95 percent of the weight (c) Supplemental certificate. When e apn (a) of this section, rice at the time so specified. The State committee’s de­ required, the supplemental certificate is placed under loan must: termination shall be made on a statewide shall be executed by the warehouseman l) Grade U.S. No. 5 or better (rice basis or for specified areas within the for commingled rice, by the warehouse­ andPmal grades sha11 not be eligible) State. The county committee may lower such percentage on an individual basis man and producer for modified-com- mingled rice and by the producer for moistumntaìn n0^ more than 14 percent when determined to be in the best interest of CCC. identity-preserved rice.

FEDERAL REGISTER, VOL. 31 , NO. 115— WEDNESDAY, JUNE 15, 1966 8348 RULES AND REGULATIONS

§ 1421.2767 Warehouse charges. warehouse issues a commingled ware­ with the rice. CCC shall not otherwise house receipt for loan rice delivered into pay any amount representing the value (a) Farm-stored loans and purchases. the warehouse from farm storage pur­ of the bags. CCC will assume receiving and warehouse suant to instructions of the county office, (2) Warehouse-stored. Rice in ap­ storage charges on rice delivered to an (2) where an approved warehouse issues proved warehouse storage shall be ac­ approved warehouse after loan maturity commingled warehouse receipts in ex­ quired by CCC on a bagged or bulk basis date and acquired by CCC (1) in satis­ change for warehouse receipts represent­ in accordance with the manner in which faction of a farm storage loan or (2) ing rice under identity-preserved or the rice is to be loaded out by the ware­ through purchase, except that warehouse modified-commingled warehouse storage houseman as indicated on the warehouse storage charges will be assumed by CCC loan and (3) where CCC determines that receipt. The quantity for settlement only from and after the date of comple­ a warehouseman failed to maintain the purposes shall be the net weight of the tion of deposit of such rice in the ware­ identity of rice covered by an identity- rice when acquired in bulk and the com­ house. preserved warehouse-storage loan or bined net weight of the rice and the bags (b) Warehouse-stored loans and pur­ modified-commingled warehouse storage when acquired in bags. Where the ware­ chases. CCC will assume warehouse loan. In-the case of purchases, the pro­ house receipt indicates that rice will be storage charges accruing on and after the ducer shall, not later than the day fol­ loaded out in bags, title to the bags shall day following the loan maturity date on lowing the final date for delivery or dur­ pass to CCC at the time of acquisition of rice which is in approved warehouse ing such other period of time thereafter the rice. CCC shall not otherwise pay storage under loan and is acquired by as may be specified by the county office, any amount representing the value of the CCC and on rice which is in approved submit to the county office warehouse bags. In the event any person should warehouse storage on the loan maturity receipts under which an approved ware­ successfully dispute the passing of title date and is purchased by CCC. house guarantees the class or variety, to the bags, the producer shall indemnify (c) Refund of prepaid handling arid the grade, quality and quantity of CCC for any loss sustained by reason charges. The receiving or the receiving rice sold to CCC. thereof. and loading out charges on the rice re­ (b) Modified commingled. Settle­ ferred to in paragraph (a) of this section § 1421.2771 Maturity o f loans. ment for eligible rice stored modified and in § 1421.72 (i) may not exceed 8 commingled in an approved warehouse Loans will mature on demand but not cents per hundredweight. and acquired by CCC under a loan or later than the date specified in the an­ § 1421.2768 Fees and charges. purchase shall be made on the basis of nual crop year supplement to the regula­ tions in this part. The producer shall pay a loan service the class or variety, grade and quality fee and delivery charge as specified in shown on Federal or Federal-State § 1421.2772 Support rates. sample inspection certificates and on the § 1421.60(b). In addition, a charge of The basic support rate, premium and $3.50 for each lot sampled will be made basis of the quantity shown on the ware­ house receipt, or supplemental certifi­ discounts and location differentials for in connection with farm-stored loans and use in making loans and purchases shall for each warehouse receipt for a modi­ cate, if applicable. The producer shall, within 10 days after the maturity date be set forth in the annual crop year fied-commingled and identity-preserved supplement to the regulations iri this warehouse stored loan. in the case of loans and at the time of sale under a purchase, furnish to the part. § 1421.2769 Inspection certificates. county office the applicable Federal or Effective upon publication in the F ed­ Federal-State sample inspection cer­ Except in the case of a loan on rice e r a l R e g i s t e r . tificates. stored commingled in an approved ware­ (c) Other storage. Settlement for eli­ Signed at Washington, D.C., on house, settlement with the producer on gible rice acquired under loan or pur­ June 10,1966. rice acquired by CCC will be based on the chase not covered by paragraph (a) or H. D. G o d f r e y , quality shown on the Federal or Federal- (b) of this section shall be made on the Executive Vice President, State sample inspection certificates. basis of the class or variety, and of the Commodity Credit Corporation. Such inspection certificates shall be grade and quality shown on Federal or dated not earlier than 30 days prior to [F.R. Doc. 66-6579; Filed, June 14, 1966; Federal-State sample inspection certifi­ 8:49 a.m.] the maturity date. The cost of Federal cates and on the basis of the quantity or Federal-State inspections as required shown on official weight certificates. In by this section and § 1421.2770 shall be the case of rice stored identity preserved PART 1443— OILSEEDS for the account of CCC. in approved warehouse storage (1) if the § 1421.2770 Settlement. rice was acquired by CCC under pur­ Subpart— Cottonseed Oil and Meal chase, the producer shall furnish to the Purchase Program Regulations Settlement for eligible rice acquired by county office Federal or Federal-State (1966) CCC under loan or by purchase will be sample inspection certificates at the time made with the producer as provided in of sale, or (2) if the rice was acquired Sec. § 1421.72, the annual crop year supple­ by CCC under a loan, the producer shall 1443.2041 G e n e r a l statem en t. ment and this section. Where rice is •furnish such certificates within 10 days 1443.2042 Administration. placed under a farm storage loan in an after the maturity date. In the case of 1443.2043 C r u s h e r ’s p a rtic ip a tio n in pro* area where a location differential is in gram . rice stored in other than approved ware­ 1443.2044 Purchases of cottonseed by effect and is delivered to CCC in satis­ house storage and acquired by CCC un­ faction of the loan in an area where no cru sh er. der a loan or by purchase, the producer 1443.2045 Cooperative mills. differential is applicable, settlement for shall furnish Federal or Federal-State 1443.2046 Tenders. rice acquired by CCC will be made on sample inspection certificates at the time 1443.2047 Purchases byCCC. the basis of the support rate for the area of delivery or sale. Official weight cer­ 1443.2048 ~ Inform ation release. where the rice is delivered. Deliveries tificates required by this paragraph (c) 1443.2049 Movement of cottonseed oil or of rice shall be in accordance with in­ shall be dated not earlier than 30 days m eal. structions issued by the county office. 1443.2050 Books and records. prior to the applicable maturity date 1443.2051 Certification of independent price (a) Commingled warehouse storage. covering the rice. determination. Settlement for eligible rice stored com­ (d) Bagged or hulk rice— (1) Farm 1443.2052 Parent company. mingled in an approved warehouse and storage. The weight of farm-stored bulk 1443.2053 B e n e fits a n d c o n tin g en t fees. acquired by CCC under a loan or by pur­ rice acquired by CCC on which settle­ 1443.2054 Nondiscrimination in employ* chase shall be made on the basis of the ment will be made shall be the net weight m en t. class or variety, and the grade, quality of the rice. The weight of farm-stored A u thority: The provisions of this subp and quantity as shown on the warehouse bagged rice acquired by CCC on which issu ed u n d e r secs. 4 a n d 5, 62 Stat. W _ receipt or supplemental certificate if ap­ settlement will be made shall be the amended, secs. 301, 401, 63 Stat. $051». plicable. Settlement shall also be made combined weight of the rice and the bags, amended, sec. 601, 70 Stat. 212, 15 y-iJ on such a basis U ) where an approved and title to the bags will pass to CCC 714b a n d 714c, a n d 7 U .S .C . 1447, 1421, 144ou>

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8349

§ 1443.2041 General statement. not accept any tender submitted by a (3) The crusher shall not be obligated crusher after his withdrawal, and cot­ to grade 1966 crop cottonseed in accord­ As a part of the 1966 Cottonseed Price tonseed purchased after his withdrawal ance with the Cottonseed Standards un­ Support Program formulated by Com­ will not be eligible cottonseed as defined til the 20th business day following the modity Credit Corporation (referred to in § 1443.2046(f). date of publication of this subpart in in this subpart as “CCC”) and the Agri­ (b) Assurance. The acceptance formthe F e d e r a l R e g i s t e r . cultural Stabilization and Conservation will contain an assurance by the crusher Service (referred to in this subpart as (c) Weight. Purchases of cotton­ that his participation in the program “ASCS”), CCC will purchase cottonseed seed from ginners by crushers under this will be conducted, and his facilities op­ oil and, on a limited basis, cottonseed subpart shall be based upon weight at erated, in compliance with all of the meal from cottonseed crushers partici­ the crusher’s mill after deduction of the requirements imposed by, or pursuant pating in the program upon the terms weight of all foreign material in excess to, the regulations governing nondis­ and conditions stated in this subpart. of 1 percent. Purchases of cottonseed crimination in federally assisted pro­ Purchases of cottonseed meal on a more from producers by crushers under this grams of the Department of Agriculture, extended basis will not be made unless subpart shall be based upon the gross Part 15 of this title, which effectuate CCC subsequently announces that it will weight of the cottonseed as customarily Title VI of the Civil Rights Act of 1964. receive general tenders of meal under determined by the crusher when making this subpart. No purchases will be made § 1443.2044 Purchases o f cottonseed by purchases of cottonseed from producers. from crushers who do not participate in crusher. The cost of weighing shall be borne by the program. the crusher. . (a) Price. A participating crusher (d) Receipts from certain gins. § 1443.2042 Administration. must pay for all 1966 crop cottonseed Where a gin and crusher are under com­ The program will be carried out by purchased from ginners not less than mon control, direction or management, ASCS under the general supervision and $52 per ton, net weight, basis grade cottonseed received by the crusher from direction of the Executive Vice President, (100), f.o.b. conveyance or carrier at the such gin shall not have been purchased CCC. Except as specifically provided gin, and from producers not less than from producers at less than a season’s otherwise, operations under this subpart a season’s weighted average of $48 per weighted average of $48 per ton, gross will be administered by the New Orleans ton, gross weight, basis grade (100), and, weight, basis grade (160), with premiums ASCS Commodity Office located at Wirth in the case of purchases from both gins and discounts for other grades equal to Building, 120 Marais Street, New Or­ and producers, with premiums and dis­ the same percentage of such price as the leans, La., 70112 (referred to in this sub­ counts for other grades equal to the same percentage by which the grade of cotton­ part as “the New Orleans office”) . CCC percentage of such price as the percent­ seed purchased exceeds or is less than contracting officers in the New Orleans age by which the grade of cottonseed the basis grade (100). office will execute contract documents on purchased exceeds or is less than the behalf of CCC. Officials in the New Or­ basis grade (100). Cottonseed which is § 1443.2045 Cooperative mills. leans office do not have authority to “below grade” or “off quality,” as de­ fined in Service and Regulatory An­ If the crusher is a cooperative oil mill, waive or modify any provisions of this and if the marketing agreements between subpart. nouncement No. A.M.S. 179, as amended,. “Standards for Grades of Cottonseed the crusher and its members provide for § 1443.2043 Crusher’s participation in Sold or Offered for Sale for Crushing advances, the crusher may advance a program. Purposes Within the United States” part of the applicable minimum purchase (hereinafter referred to as “the Cotton­ price determined in accordance with the (a) Eligible crusher. Any crusher provisions of § 1443.2044 at the time each who completes and forwards to the New seed Standards”), may be purchased at a price mutually agreeable to the crusher lot of cottonseed is purchased and pay Orleans office a signed original and copy the balance of the minimum price after of the 1966 Cottonseed Price Support and the seller. (b) Grades. Except as provided incompletion of crushing of the 1966 crop Program Crusher Acceptance (Form cottonseed, but not later than December CCC 912) not later than August 31,1966, subparagraphs (1), (2), and (3) of this paragraph, all 1966 crop cottonseed pur­ 30, 1967. Such balance shall be paid in and complies with the other provisions cash unless the Executive Vice President, of this subpart (such crusher is herein­ chased by the crusher shall be graded CCC has approved deferred payment after referred to as a “participating by federally licensed cottonseed chem­ thereof by issuance of revolving fund crusher”) will be eligible to make ten­ ists in accordance with the Cottonseed certificates or by other methods of reten­ ders hereunder to CCC, except that (1) Standards on the basis of samples drawn tion of funds for capital purposes. The no purchases will be made by CCC from from the cottonseed by federally li­ Executive Vice President will approve any crusher debarred or suspended from censed cottonseed samplers or such other deferred payment only by crushers (a) contracting with CCC or from partici­ persons as are approved by CCC. The which are organized under applicable pating m programs financed by CCC, cost of sampling and grading cotton­ State or Federal laws as an association of and (2), subject to approval of CCC, a seed shall be borne by the crusher. persons who are engaged in the produc­ crusher may file such acceptance form (1) Any crusher located in North tion of agricultural commodities, or as subsequent to August 31, 1966, but in Carolina, South Carolina, Georgia, the such event he may tender only the cot­ south Alabama counties of Montgomery, an association of other associations of such persons, and (b) which he deter­ tonseed oil or meal equivalent of seed Dallas, Houston, and Barbour, or the San Purchased subsequent to the date of fil­ Joaquin Valley of California, may ex­ mines are operating on a financially ing the acceptance form. If a crusher clude the linters factor in determining sound basis. Any such crusher desiring operates more than one cottonseed the grade if such crusher did not have approval to make deferred payment crushing mill, he must file an acceptance cottonseed from the 1965 crop graded shall submit its application for approval orm for each mill which he desires to in accordance with the Cottonseed to the Director, Procurement and Sales par^icipate in the program, and Standards because of the linters factor. Division, ASCS, Washington, D.C., 20250, «Jr1 m*11 shall be treated as a (2) In the San Joaquin Valley of Cali­ not later than the date of submission of for the purpose of deter- fornia and other areas designated by the its acceptance form, or such later date as PT-iilv?8 rights and obligations of the Director, Oils and Peanut Policy Staff, nhcf j respect to cottonseed pur- ASCS, the grade of cottonseed acquired CCC may for good cause approve. The ]?y ant* cottonseed oil or meal by the crusher from gins within one application shall include a certified from each such mill. A par- county may be determined on the basis statement that the crusher meets the re­ jcipatmg crusher may withdraw from of composite samples of such cottonseed. quirements of paragraph (a) of this sec­ pr°gram &t any time upon written Samples constituting such composite tion, and a complete and accurate state­ New Orleans office and will samples shall be drawn and combined ment of its current financial condition. minimi °k^gated to pay the applicable in accordance with methods specified by S ™ ” “ i rlces determined in accord- the Cotton Division, Consumer and The crusher shall also submit to CCC PurehTili. ^ 1443.2044(a) for cottonseed Marketing Service, or the Executive Vice such other information regarding its chased after withdrawl. CCC will President, CCC. financial condition as CCC may request.

No. 115------3 FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8350 RULES AND REGULATIONS

§ 1443.2046 Tenders. received before such time and CCC deter­ which is in excess of the capacity of the (a) Tenders of oil by crusher. A par­ mines that (1) such tender, modification, mill to produce during a 15-day period ticipating crusher may tender to CCC or withdrawal was delayed in transmis­ of normal operation. crude or once-refined cottonseed oil, or sion by mail or telegraph through no § 1443.2047 Purchases by CCC. fault of the crusher, or (2) the modifica­ both, produced at his mill. (a) Consideration of tenders. As soon (b) Announcement of purchase price tion is made for the purpose of correct­ as possible after the final time for sub­ of oil by CCC. CCC may, at its option, ing an error apparent on the face of the mission of tenders on each tender date, at any time prior to 2 p.m., c.s.t., on any original tender or for the purpose of CCC will consider all tenders from par­ Wednesday of any given week, announce clarifying an ambiguity or supplying an ticipating crushers. If CCC determines that it will purchase cottonseed oil at omission therein, or (3) the modification (1) that the price stated in a tender is not more than specified prices within is beneficial to CCC and not prejudicial acceptable, (2) that, with respect to a areas designated by CCC. Such prices to any other crusher. No tenders shall tender of meal the crusher has reason to will be determined by CCC after giving be made later than July 31, 1967. believe is contaminated, the meal is un­ consideration to the criteria specified in (f) Limitation on tenders. Tenders of suitable for feed use because of contami­ § 1443.2047(b). oil and meal by any crusher shall be nation by aflatoxin, and (3) that the ten­ (c) Tenders of meal. A participating made only against eligible cottonseed, der is otherwise acceptable under this crusher may tender to CCC specific lots which for the purposes of this subpart, subpart, CCC will accept the tender. If of cottonseed meal which he has reason is 1966 crop cottonseed produced in the to believe are unsuitable for feed use be­ United States and purchased by the the price stated in any tender is not ac­ cause of contamination by aflatoxin. crusher under the provisions of this sub­ ceptable, CCC may, at its option, make a CCC will not consider tenders of any part, other than below grade or off qual­ counteroffer. CCC will notify the other cottonseed meal unless it an­ ity cottonseed and cottonseed purchased crusher of acceptance or rejection of any nounces that it will consider such tenders by the crusher prior to the date of re­ tender, or make a counteroffer, by a wire from crushers located within localities ceipt of his acceptance form by CCC if filed not later than 4 p.m., c.s.t. on the designated by CCC in order to continue, such date is after August 31, 1966. The next working day following the tender insofar as practicable, the normal move­ quantity of oil or meal which the crusher date. The crusher’s acceptance of any ment of both oil and meal into commer­ tenders and CCC accepts shall not ex­ counteroffer by CCC must be received by cial channels. The price stated in all ceed the quantity thereof which could be the New Orleans office within 2 business tenders of meal shall be on the basis of produced from eligible cottonseed, based days after the date of filing of the wire bulk 41 percent protein meal. upon the 1965 crop outtum'per ton of containing CCC’s counteroffer. (d) Submission of tenders. Each cottonseed in the crusher’s area, as de­ (b) Price consideration. The price tender shall be submitted to the New termined by CCC. Whenever CCC ac­ stated in a tender, other than a tender in Orleans office. The tender may be made cepts a tender of either oil or meal, the. response to an announcement by CCC by letter transmitting a completed 1966 cottonseed equivalent of either the oil or under § 1443.2046(b), will be acceptable Cottonseed Price Support Program the meal covered by the tender (deter­ to CCC if CCC determines that such price Crusher Tender Form (CCC Form 913) mined on the basis of the outturn, as is not in excess of that price necessary or by wire. If a tender is made by wire, provided above) shall be deducted from to enable crushers within the crusher’s a completed Crusher Tender Form shall the quantity of eligible cottonseed generally competitive area to recover, as promptly be mailed to the New Orleans against which the crusher may make fu­ a group average, the minimum price office in confirmation, and the tender ture tenders. Whenever CCC accepts a which participating crushers are required will not be accepted by CCC if it has not single tender combining both oil and to pay to ginners for cottonseed under received the confirmation. Each tender meal, such tender having been submitted this subpart plus such margin above such must be signed by the crusher, by an for consideration on a joint basis, the minimum price as CCC deems to be rea­ employee of the crusher having authority cottonseed equivalent of the product sonable. In making such determination, to sign tenders for the crusher, or by a which represents the greater quantity of and in determining the price at which broker designated in writing to the New cottonseed (determined on the basis of CCC counteroffers, due consideration Orleans office by the crusher. The the outturn, as provided above) shall be will be given to current market prices for designation for a broker shall indicate deducted from the quantity of eligible cottonseed products (oil, meal, linters, that the broker, as an agent of the cottonseed against which the crusher and hulls), average product outturns crusher, is authorized to submit such may make future tenders. Notwith­ within said area, and other relevant fac­ tenders on behalf of the crusher (see standing any other provisions of this tors. The crusher shall cooperate with § 1443.2053 (c )). Each tender shall state paragraph, the crusher shall not tender the Consumer and Marketing Service, the tender date on which it is to be con­ any cottonseed oil or meal which, if ac­ USDA, in furnishing prices at which he sidered; the price at which the crusher cepted by CCC, would cause the total sells cottonseed products in bulk on the tenders oil or meal to CCC; the quantity quantity of oil or meal tendered to and wholesale market. of oil or meal tendered; whether, in the accepted by CCC and not yet delivered to (c) Contract of sale. Each tender by case of oil, the crusher is tendering basis CCC to exceed the smallest of (1) the the crusher and acceptance by CCC, or prime crude or prime bleachable summer quantities of oil or meal which have been tender, as modified by counteroffer by yellow cottonseed oil or making a two­ or can be produced from eligible cotton­ CCC, and acceptance by the crusher, as fold tender; the proposed delivery sched­ seed acquired by the crusher up to the the case may be, shall constitute a sepa­ ule meeting the requirements of time of the tender, less, with respect to rate contract for the sale of the cotton­ § 1443.2047; and such other information oil only, any quantities thereof which the seed oil or meal covered thereby in ac­ as CCC may request for its consideration crusher has sold or contracted to sell to cordance with the terms and conditions of the tender. A supplementary expla­ other persons, or (2) the capacity of the of this subpart and in accordance with nation and justification must accompany mill to produce during a 66-day period the applicable rules of the National Cot­ any tender contemplating delivery after of normal operation if such tender is tonseed Products Association (referred August 31,1967. made prior to December 30,1966, or dur­ to in this subpart as “NCPA”) in effect (e) Time of tenders. All tenders, in­ ing a 45-day period of normal operation on the date of the tender, except to the cluding tenders made pursuant to an if such tender is made thereafter, or (3) extent that such rules are inconsistent announcement by CCC under paragraph the quantity of oil or meal which can be with this subpart, and except as to po- (b) of this section, shall be received produced from the uncrushed eligible riods specified in such rules for presenta­ at the New Orleans office not later than cottonseed which he has on hand as of tion of claims and the rules on arbitra- 4 p.m., c.s.t., on each Thursday (or on the date of tender: Provided, That the tion. the next working day if Thursday is a crusher may make one or more tenders (d ) Delivery. Each lot of cottonseed holiday). No tender, or modification or of oil or meal in excess of the quantity oil or meal purchased by CCC shall be withdrawal thereof, will be considered limits stipulated in subparagraph (2) or delivered by the crusher f.o.b. cars.^ if received after the specified time on a (3) of this paragraph, but in such event trucks (CCC’s option) made a v a ila b i particular tender date, unless received CCC will not accept a total quantity of without cost to the crusher at c r u s h e r before acceptance is made of tenders oil or meal covered by such tender(s) mill. The crusher shall deliver cotton-

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8351 seed oil or meal, as the case may be, the crusher shall be 41 percent protein specified in the tender (or any modifica­ crushed from 1966 crop cottonseed cottonseed meal, ^ prime quality, as de­ tion mutually agreed to by the New O r­ produced in the United States. Delivery fined in the rules of NCPA, except that leans office and the crusher), the crusher shall be in car or truck lots in accord­ (1) less than prime quality meal may be may have an official analysis or quality ance with the delivery schedule specified delivered at the agreed sales price less determination made of the quantity of in the tender or any modification thereof discounts determined in accordance with oil or meal involved and shall not, after mutually agreed to by the crusher and the rules of the NCPA* if, on the basis of giving timely written notice to CCC ac­ the New Orleans office, and in accordance sampling and chemical analysis of cot­ companied by a copy of such official anal­ with shipping instructions issued by the tonseed being crushed at the mill at the ysis or quality determination, be re­ New Orleans office. CCC shall not be time for delivery, or because of other sponsible for any loss or deterioration in obligated to accept the initial delivery of conditions inherent in the cottonseed quality subsequent to the date of such oil under any tender prior to the ex­ which are not reflected in sampling and official analysis or quality determination piration of 15 business days .after the date chemical analysis, it is shown to the except for any loss, deterioration or of CCC’s acceptance of the tender or the satisfaction of the New Orleans office damage due to the fault or negligence crusher’s acceptance of a counteroffer. that prime quality meal cannot be pro­ of the crusher. CCC shall not be obligated to accept the duced, and (2) meal having less than 41 § 1443.2050 Books and records. initial delivery of meal under any tender percent protein content may be delivered Each crusher filing an acceptance prior to the expiration of 30 business days at market discounts agreed upon by the form under this subpart shall keep ac­ after the date of CCC’s acceptance of the crusher and CCC, as applied against the curate books, records, and accounts with tender or the crusher’s acceptance of a sales price for 41 percent protein meal. respect to all purchases of cottonseed counteroffer. At least 10 percent of the Meal having in excess of 41 percent pro­ (including the name of seller, date of re­ quantity of oil shall be delivered within tein content may be delivered to CCC at ceipt, weight, and grade of each lot of 30 days after the date of sale, at least no premium. In any event, however, cottonseed purchased) and all other 30 percent within 60 days after the date meal which has been found or is known transactions under this subpart for a of sale and at least 60 percent within 90 to be unsuitable for normal feed use be­ period of at least 3 years from the last ' days after the date of sale. In any event, cause of residues of chemicals used .as date any cottonseed oil or meal is deliv­ delivery of either oil or meal covered by defoliants, herbicides, or which has be­ ered by the crusher under this subpart, a tender shall be completed not later come contaminated by aflatoxin because and shall furnish CCC such information than 180 days after the date of sale/ of the crusher’s failure to exercise due and reports relating thereto as CCC may Meal shall be delivered in bulk, or, if care with respect to the cottonseed or meal, will be rejected to the crusher by from time to time request, subject to the requested by CCC, in new or used bags approval of the Bureau of the Budget at such adjustment in the sales price to CCC. (g) Provisional payment. When oil pursuant to the Federal Reports Act of reflect the increased cost of delivery in 1942. The crusher shall permit author­ bags as may be mutually agreed upon by or meal is delivered to CCC, the crusher may present, to CCC for provisional pay­ ized employees of the U.S. Department the crusher and the New Orleans office. of Agriculture, and the General Account­ No delivery of oil or meal shall be made ment an invoice, with shipping docu­ ments acceptable to CCC attached, for ing Office, at any time during customary after August 31, 1967, unless the New business hours to inspect, examine, audit Orleans office and the crusher agree upon the value of the oil or meal based on origin weights and the agreed sales price. and make copies of such books, records, a later date for delivery. Title to the and accounts. cottonseed oil or meal shall pass to CCC (h) Final settlement. Pinal settle­ upon delivery. In delivering oil under ment for oil or meal delivered to CCC § 1443.2051 Certification o f independ­ any contract of sale, a variation of one- will be made upon the basis of the official ent price determination. analysis and the certified destination half of 1 percent above or below the con­ (a) Certification of crusher. By sub­ outturn weight of the oil or meal deter­ tract quantity will be accepted as a good mission of a tender under this subpart, mined in accordance with the NCPA delivery as to weight. In delivering meal the crusher certifies that: rules. The analysis and weighing of oil under any contract of sale, a variation of (1) The prices in his tender have been or meal delivered will be arranged for by 5 percent above or below the oontract arrived at independently, without con­ CCC at its expense. quantity will be accepted as good de­ sultation, communication, or agreement, livery as to weight: Provided, That the § 1443.2048 Information release. for the purpose of restricting competi­ variation shall not exceed 2J£ tons. tion, as to any matter relating to such (e) Grade of oil. The cottonseed oil It is understood that CCC will make public the names, quantities, locations, prices with any other crusher or with any delivered by the crusher shall be basis and prices and such other information competitor; prime crude cottonseed oil or prime as it deems advisable with respect to all (2) Unless otherwise required by law, bleachable summer yellow cottonseed oil tenders under this subpart which have the prices which have been quoted in his (as specified in the tender), as defined been accepted by COC and transactions tender have not been knowingly disclosed in the rules of the NCPA: Provided, That developing therefrom. by the crusher and will not knowingly be n, on the basis of sampling and chemical disclosed by the crusher prior to accept­ analysis of cottonseed being crushed by § 1443,2049 Movement o f cottonseed ance, in the case of a tender, directly or the mill at the time for delivery, or be­ oil or meal. indirectly to any other crusher or to any cause of other conditions inherent in the CCC shall not be responsible for any competitor; and cottonseed which are not reflected in loss or injury caused the crusher by fail­ (3) No attempt has been made or will sampling and chemical analysis, it is ure of CCC to move cottonseed ofi or be made by the crusher to induce any shown to the satisfaction of the New meal promptly, and the crusher shall not other crusher to submit or not to submit Orleans office that basis prime crude . be responsible for any failure to deliver a tender for the purpose of restricting ottonseed oil or prime bleachable sum- or delay in delivery, where such failure competition. nicr yellow cottonseed oil cannot be pro- or delay on the part of CCC or the crush­ (b) Certification of person signing. cruslier may deliver crude er is due to any cause without such Each person signing the tender certifies .tf?nsee

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8352 RULES AND REGULATIONS the prices being offered but that he has (b) By submitting a tender under sentative of the crusher’s commitments been authorized in writing to act as agent this subpart the crusher warrants that under this nondiscrimination clause, and for the persons responsible to such de­ no person or selling agency has been em­ shall post copies of the notice in con­ cision in certifying that such persons ployed or retained to solicit or secure spicuous places available to employees have not participated, and will not par­ the contract upon an agreement or and applicants for employment. ticipate, in any action contrary to para­ understanding for a commission, per­ (4) The crusher will comply with all graph (a) (1) through (3) of this sec­ centage, brokerage, or contingent fee provisions of Executive Order No. 11246 tion, and as their agent does hereby so except bona fide employees or bona fide of September 24, 1965, and of the rules, certify; and (ii) he has not participated, established commercial or selling agen­ regulations, and relevant orders of the and will not participate, in any action cies maintained by the crusher for the Secretary of Labor. contrary to paragraph (a) (1) through purpose of securing business. For (5) The crusher will furnish all in­ (3) of this section, breach or violation of this warranty, formation and reports required by Ex­ (c) Deleting or modification. A ten­CCC shall have the right to annul the ecutive Order No. 11246 of September 24, der will not be considered where para­ contract without liability, or in its dis­ 1965, and by the rules, regulations, and graph (a )(1 ), (a )(3 ), or (b) of this cretion to deduct from the contract orders of the Secretary of Labor, or pur­ section has been deleted or modified. price of the cottonseed oil or meal the suant thereto, and will permit access to Where paragraph (a) (2) of this section full amount of such commission, per­ his books, records, and accounts by the has been deleted or modified, the tender centage, brokerage, or contingent fee. contracting agency and the Secretary of will not be considered unless the crusher (c) By submitting a tender under Labor for purposes of investigation to furnishes with the tender a signed state­ this subpart, the crusher further war­ ascertain compliance with such rules; ment which sets forth in detail the cir­ rants that he has not employed or regulations, and orders. cumstances of the disclosure and CCC utilized any person, firm or organization (6) In the event of the crusher’s non- determines that such disclosure was not which (1) furnished any information compliance with the nondiscrimination made for the purpose of restricting or service which might tend to prevent, clause of this contract or with any of competition. limit, or restrict competition in the sub­ such rules, regulations, or, orders, the mission of tenders under this subpart, contract may be canceled, terminated or § 1443.2052 Parent company. or (2) furnished any assistance to the suspended in whole or in part and the crusher may be declared ineligible for Each crusher submitting a tender un­ crusher in the calculation of prices if such person, firm or organization has further Government contracts in accord­ der this subpart shall state whether the ance with procedures authorized in Ex­ crusher is owned or controlled by a assisted or is assisting other persons submitting tenders under this subpart ecutive Order No. 11246 of September 24, parent company and, if so, shall state the 1965, and such other sanctions may be name and principal office address of the in the calculation of prices (other than prices specified in tenders made -pur­ imposed and remedies invoked as pro­ parent company in the spaces provided vided in the said Executive order or by on the tender form. The crujsher shall suant to CCC’s offer to purchase oil under § 1443.2045(b)). rule, regulation, or order of the Secre­ also insert in the space provided the tary of Labor, or as otherwise provided Employer’s Identification Number (E.I. § 1443.2054 Nondiscrimination in em­ by law. No.) (Federal Social Security Number ployment. used on Employee’s Quarterly Federal (7) The crusher will include the pro­ (a) During the performance of any Tax Return, U.S. Treasury Department visions of subparagraphs (1) through (7) contract of sale resulting from accept­ of this paragraph in every subcontract or Form 941) of the crusher and the parent ance by CCC of a crusher’s tender, the company (if an y). For the purposes of purchase order unless exempted by rules, crusher agrees as follows: this subpart, a parent company is de­ regulations, or orders of the Secretary (1) The crusher will not discriminate of Labor issued pursuant to section 204 fined as one which either owns or con­ against any employee or applicant for trols the activities and basic business of Executive Order No. 11246 of Septem­ employment because of race, creed, policies of the participating crusher. ber 24, 1965, so that such provisions, will color, or national origin. The crusher be binding upon each subcontractor or To own another company means the will take affirmative action to ensure parent company must own at least a ma­ vendor. The crusher will take such ac­ that applicants are employed, and that tion with respect to any subcontract or jority (more than 50 percent) of the employees are treated during employ­ voting rights in that company. To con­ purchase order as the contracting agency ment, without regard to their race, trol another company, such ownership is may^ direct as a means of enforcing such creed, color, or national origin. Such not required; if another company is able provisions, including sanctions for non- action shall include, but not be limited to formulate, determine or veto basic compliance: Provided, however, That in to, the following; Employment, upgrad­ the event the crusher becomes involved business policy decisions of the partici­ ing', demotion or transfer; recruitment in, or is threatened with, litigation with pating crusher, such other company is considered the parent company of the or recruitment advertising; layoff or a subcontractor or vendor as a result of termination; rates of pay or other forms such direction by the contracting agency, bidder. This control may be exercised through the use of dominant minority of compensation; and selection for train­ the crusher may request the United voting rights, use of proxy voting, con­ ing, including apprenticeship. The States to enter into such litigation to protect the interests of the United States. tractual arrangements, or otherwise. crusher agrees to post in conspicuous places, available to employees and ap­ (b) The provisions of paragraph (a) § 1443.2053 Benefits and contingent plicants for employment, notices to be of this section are not applicable to any fees. provided by the Contracting Officer such contract of sale having a total sales setting forth the provisions of this non­ price not exceeding $100,000. (a) No Member of or Delegate to the discrimination clause. Congress of the United States or Resi­ (2) The crusher will, in all solicita­ (S ecs. 4 a n d 5, 62 S ta t. 1070, as amended, secs. 301, 401, 63 S ta t. 1051, as amended, sec. dent Commissioner, shall be admitted to tions or advertisements for employees any share or part of any contract result­ 601, 70 S ta t. 212, 15 U .S .C . 7145 an d 714c, ana placed by or on behalf of the crusher, 7 U S .C . 1447, 1421, 1446d) ing from tenders of cottonseed oil or state that all qualified applicants will meal under this subpart or to any bene­ receive consideration for employment Effective date. Upon publication in fit that may arise therefrom, but this without regard to race, creed, color, or the F ederal R egister. provision shall not be construed to ex­ national origin. Signed at Washington, D.C., on June tend to such a contract if made with a (3) The crusher will send to each corporation for'its general benefit and labor union or representative of workers 10, 1966. H. D. G o d f r e y , shall not extend to any benefits that with which he has a collective bargain­ may accrue from such contract to a Executive Vice president, ing agreement or other contract or Commodity Credit Corporation- Member of or Delegate to the Congress understanding, a notice, to be provided or a Resident Commissioner in his ca­ by the agency Contracting Officer, ad­ [F.R. Doc. 66-6580; Filed, June 14, 19 • pacity as a producer of cottonseed. vising the labor union or workers’ repre­ 8 :4 9 a.m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8353

U S. dollars within a specified reason­ Bank Board and section 4(c) of the Title 12— BANKS AND BANKING able time after the date of application Administrative Procedure Act is not for such payment by the investing asso­ required and the Board hereby provides Chapter V— Federal Home Loan Bank ciation. that the above said amendment shall Board (S e c . 5, 48 S ta t. 132, as a m e n d e d ; 12 U .S .C . become effective as hereinbefore set 1464. Reorg. Plan No. 3 of 1947, 12 F.R. forth. SUBCHAPTER C— FEDERAL SAVINGS AND LOAN 4981, 3 C F R , 1947 S u p p .) SYSTEM By the Federal Home Loan Bank Board. [No. 19,947] Resolyed further that, inasmuch as the foregoing amendment relieves restric­ [ s e a l ] H a r r y W . C a u l s e n , PART 545— OPERATIONS tion, the Board hereby finds that post­ Secretary. ponement of the effective date under the Loans and Investments Guaranteed provisions of § 508.14 of the general reg­ [F.R. Doc. 66-6563; Filed, June 14, 1966; Under Foreign Assistance Act of ulations of the Federal Home Loan Bank 8 :4 8 a j n . ] 1961 Board and section 4(c) of the Adminis­ J u n e 9,1966. trative Procedure Act is not required and Resolved that, notice and public pro­ the Board hereby provides that the said Title 14— AERONAUTICS AND cedure having been duly afforded (31 amendment shall become effective as P.R. 6277) and all relevant material hereinbefore set forth. SPACE presented or available having been con­ By the Federal Home Loan Bank Chapter I— Federal Aviation Agency sidered by it, the Federal Home Loan Board. Bank Board, upon the basis of such con­ SUBCHAPTER B— PROCEDURAL RULES [ s e a l ] H a r r y W . C a u l s e n , sideration and of determination by it of [Docket No. 7430,; Arndt. 13-4] the advisability of amendment of Part Secretary. 545 of the rules and regulations for the [F .R . D o c . 66-6562; F ile d , J u n e 14, 1966; PART 13— ENFORCEMENT Federal Savings and Loan System (12 8 :4 8 a.m .] PROCEDURES CFR Part 545) to implement the author­ ity contained in the Housing and Urban Warning Notice of Violation Development Act of 1965 and to authorize SUBCHAPTER D— FEDERAL SAVINGS AND LOAN The purpose of this amendment is to Federal savings and loan associations to INSURANCE CORPORATION replace the references in § 13.11 to “a invest in loans and interests in loans [No. FSLIC—2,631] report * * * for the record” and “a guaranteed by the President under sec­ letter of correction” by a reference to a tion 224 of the Foreign Assistance Act of PART 561— DEFINITIONS “Warning Notice of Violation.” New 1961, as amended, and for the purpose FAA Form 430-6 combines the Warning of effecting such amendment, hereby Guaranteed Loan Notice and the report for the record. amends said Part 545 as hereinafter The conditions of issue, contents and ef­ set forth, effective June 15,1966. J u n e 9, 1966. fect of the Notice are the same as those Part 545, aforesaid, is hereby amended Resolved that, notice and public pro­ of the letter of correction formerly used. by adding, immediately after § 545.6-19, cedure having been duly afforded (31 The Notice is handled or sent to the ad­ a new section, § 545.6-20, as follows: F.R. 6278) and all relevant material dressee as the letter of correction used presented or available having been con­ § 545.6—20 Loans and investments guar­ to be. anteed under the Foreign Assistance sidered by it, the Federal Home Loan Since this amendment does not effect Act of 1961. Bank Board, upon the basis of such con­ a substantive change, notice and public sideration and of determination by it procedure thereon are not required. (a) General provisions. Without re­ of the advisability of amendment of In consideration of the foregoing, gard to any other provision of this part § 561.21 of the Rules and Regulations for § 13.11 of Part 13 of the Federal Aviation except §§ 545.6-8 and 545.8-2, a Federal Insurance of Accounts (12 CFR 561.21) Regulations (14 CFR 13.11) is amended, association may, if permitted by the in order to broaden the definition of effective July 16,1966, to read as follows: terms of its charter, invest in loans, and guaranteed loan to include a loan guar­ interests in loans, payable in U.S. dollars anteed under section 224 of the Foreign § 13.11 W arning notice o f violation. and guaranteed by the President under Assistance Act of 1961, as amended, and section 224 of the Foreign Assistance Act for the purpose of effecting such amend­ If, after his investigation, it appears to a field inspector that a violation of the of 1961, as amended, subject to the pro­ ment, hereby 'amends said § 561.21 to visions of this section. The aggregate read as follows, effective June 15, 1966 : Federal Aviation Act of 1958, or an order Principal amount of such investment or regulation issued under it, was so outstanding at any one time shall not § 561.21V Guaranteed loan. minor and unintentional as not to re­ exceed 1 percent of the assets of such quire disciplinary or remedial action, he association. The term “guaranteed loan” means a may, iri accordance with Agency practice, (b) Loan agreement. Each loan loan that is guaranteed, including a issue a Warning Notice of Violation. A guarantee to repurchase, in whole or in agreement shall specify what constitutes copy of the Warning Notice is given or part, or as to which a commitment to *h ?,ven^ °f default by the borrower and sent to the addressee and suitable copies guarantee has been made under the fail! ,^rovide that upon any such de- are retained for Agency records. The muit the entire amount of the outstand- provisions of the Servicemen’s Readjust­ ment Act of 1944, Chapter 37 of Title Warning Notice terminates the matter e Pnncipai indebtedness thereunder 38, United States Code, or section 224 on which it is issued. The appropriate nhi11 kpcome immediately due and pay- aoie, at the option of the lender. of the Foreign Assistance Act of 1961, Regional or Area Flight Standards Of­ ' Contract of guaranty. A loan as amended. fice reviews each action under this sec­ ,ma(*e under this section only if (Secs. 402, 403, 48 Stat. 1256, 1257, as tion. amended; 12 U.S.C. 1725, 1726. Reorg. Plan dpnfCOn^ c^ of guaranty, by the Presi- (Sec. 313(a), 1001, Federal Aviation Act of N o . 3 Of 1947, 12 F .R . 4981, 3 C F R , 1947 In*. ’ acting through the Agency for 1958 (49 UJS.C. 1354,1481)) inn ^lation,al Development, (1) covers S u p p .)- Issued in Washington, D.C., on June 9, thprwf«^en^ °* any *oss °* investment Resolved further that, inasmuch as the 1966. ~ er’- *rxcept for any portion of foregoing amendment relieves restric­ W i l l i a m F . M c K e e , conducfnf^f out ?f the fraud or mis" tion, the Board hereby finds that post­ Administrator. (2) ^ 5 investing association, and ponement of the effective date under loss ^ a t P a r e n t for any such the provisions of § 508.14 of the general [F.R. Doc. 66-6543; Filed, June 14, 1966; 11 be made by the guarantor in regulations of the Federal Home Loan 8:46 ajtn.j

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8354 RULES AND REGULATIONS

SUBCHAPTER D— AIRMEN specifications of an air carrier, Parts 43 the regulations applicable.” Article 12 [Docket No. 6831; Arndts. 61-22, 91-29] and 60 of the CAR’s, Annex 2 (Rules of also provides that the rules of flight over the Air) to the Chicago Convention, or the high seas shall be those established PART 61— CERTIFICATION; PILOTS air traffic rules of the foreign govern­ under the Convention. Section 91.1(b) AND FLIGHT INSTRUCTORS ment and local airport rules, would be of the Federal Aviation Regulations (for­ merly § 60.1a of the Civil Air Regula­ SUBCHAPTER F— AIR TRAFFIC AND GENERAL complied with, as applicable, except tions) presently requires aircraft of U.S, OPERATING RULES where any rule of the operating part (formerly Parts 40, 41, and 42—now Part registry to comply with these rules (set PART 91— GENERAL OPERATING 121 of the FAR ’s) was more restrictive forth in ICAO Annex 2). These amend­ AND FLIGHT RULES and could be followed without violating ments provide a regulatory requirement Civil Aircraft of U.S. Registry the Annex 2 or foreign rules. It was for these aircraft to comply with local requested that these provisions, formerly flight rules when operating in foreign Operated Outside U.S. in Parts 40, 41, and 42, be incorporated countries. The purpose of these amendments is in Part 121 at the same time that the To accomplish these purposes, the fol­ to prescribe rules applicable to civil air­ proposed changes are made in Part "91. lowing amendments are made: craft of U.S. registry operated outside As stated in the preamble to the amend­ 1. Aircraft operation within foreign of the United States. The amendments ment adding Part 121 to the Federal countries. Section 91.1 is revised to re­ were proposed in Notice 65-19 and pub­ Aviation Regulations, effective April 1, quire each person operating a civil air­ lished in the F e d e r a l R e g i s t e r on August 1965 (29 F.R. 19186, Dec. 31, 1964), craft of U.S. registry in a foreign country 13, 1965 (30 F.R. 10116). § 121.11 was rewritten to delete the refer­ to comply with the rules and regulations Two of the three public comments ence to Part 91 and the requirement that relating to the flight and maneuver of received on the Notice concurred with certain certificate holders must comply aircraft there in force. Section 91.1(b) it. The third comment, made by a with the ICAO rules when over the high (formerly § 60.1a of the Civil Air Regu­ pilots organization, offered no serious seas. The deletion was made since the lations) has required each person operat­ objection but made several observations provisions simply repeated requirements ing an aircraft of U.S. registry in air on difficulties that might be encountered now already contained in Part 91 that commerce over the high seas to comply by general aviation pilots while flying are applicable to all aircraft, including with Annex 2 (Rules of the Air) to the outside the United States. First, it was air carrier aircraft. Section 91.1, as Chicago Convention. Since this coun­ stated, these pilots might not be in a now changed, continues to apply to air try’s obligation in this respect pertains location where they could obtain me­ carrier aircraft, and to adopt the sug­ only to civil aircraft of U.S. registry over chanical help or parts promptly follow­ gestion made in the comment would be the high seas, this requirement is revised ing Agency issuance of an Airworthiness to reintroduce into Part 121 matter that to make it conform with the Convention. Directive, or might not even be aware was intentionally deleted from that part. 2. Airworthiness. Sections 91.27 of its issuance. It must be observed that As stated in the notice, these amend­ through 91.31 of Part 91 prescribe rules § 39.3 of Part 39 (Airworthiness Direc­ ments complete the process of making designed to assure that civil aircraft of tives), which prohibits operation of a the general operating and maintenance U.S. registry are properly certificated and product to which an airworthiness direc­ rules'Of Subparts A (except §§ 91.15(b), in an airworthy condition. Section tive applies, except in accordance with 91.17, 91.38, and 91.43) and C of Part 91 91.163(b) of Subpart C further is in­ the requirements of that airworthiness applicable to civil aircraft of U.S. regis­ tended to assure the continued airworthi­ directive, is not limited to operations in try operated outside of, as well as within, ness of these aircraft by requiring main­ the United States, and compliance with the United States. At the same time, tenance, preventive maintenance, and this provision is necessary to retain the these amendments implement com­ alterations to be performed in accordance ^validity of an airworthiness certificate. pliance with the obligations of the with that subpart and other applicable In view of this provision, it is the air­ United States under section 1102 of the rules, including Part 43 of the Federal craft operator’s responsibility to observe Federal Aviation Act of 1958 and the Aviation Regulations. These Part 91 these directives, that can be brought to Convention on International Civil Avia­ rules in terms have been applicable only the attention of persons affected in no tion (Chicago Convention). to civil aircraft of U.S. registry operating more feasible manner than the cus­ Section 1102 of the Federal Aviation within the United States. However, it tomary publication. To emphasize this Act of 1958 requires the Administrator should be noted that under § 21.181(a) responsibility of the aircraft operator, to exercise his powers and perform his of the Federal Aviation Regulations the the accompanying amendments, by an duties under the Act, “consistently with maintenance, preventive maintenance, addition to § 91.163, call attention to any obligation assumed by the United and alteration requirements of Parts 91 the obligation to comply with Part 39. States in any treaty, convention, or and 43 must be complied with if an air­ Second, this comment asserted that agreement that may be in force between worthiness certificate is to remain effec­ regulations in some foreign countries the United States and any foreign tive. To meet this country’s responsi­ are difficult to obtain or, in a few cases, country or foreign countries, and [to] bility under Articles 29 and 31 of the unrealistic for small aircraft, and as a take into consideration any applicable Chicago Convention, and to assure the result an operator might unwittingly laws and requirements of foreign coun­ continued airworthiness of civil aircraft violate some unknown or unrealistic tries * * of U.S. registry operated in foreign coun­ regulation, until the International Civil As a party to the Chicago Convention, tries, §§ 91.27 through 91.31 and Subpart Aviation Organization (ICAO ) adopts the United States has assumed certain C of Part 91 are now made applicable to uniform standards for general aviation obligations with regard to the airworthi­ these aircraft operated outside of the aircraft. However, as stated in the ness and operations of civil aircraft of United States. notice, this country is obligated under U.S. registry outside of the United States. 3. Other general operating rules. Of the Chicago Convention to require the One purpose of the rules made by these thè other rules of Subpart A of Par* operators of civil aircraft of United amendments is to assure that the opera­ four already have been applicable to States registry in a foreign country to tion of civil aircraft of U.S. registry out­ operation of aircraft of U.S. registry out­ comply with the rules and regulations side of the United States is in conformity side of the United States., All of the relating to flight and maneuver of air­ with this country’s obligations under the rules of this subpart (other than §§ 91*1® craft there in force. Also, compliance Chicago Convention. (b ), 91.17, 91.38, and 91.43) are now with Annex 2 to the Chicago Convention Under Article 12 of the Convention the being made applicable to operations ou - (Rules of the Air) will in most cases United States is obligated to adopt meas­ side of the United States, so as to mas meet the requirements of foreign coun­ ures to insure that “every aircraft carry­ the same standards govern there . tries in this respect. ing its nationality mark, wherever such within the United States. However, One of the comments concurring with aircraft may be, shall comply with the conformance with the obligations uno the proposal pointed out that Parts 40, rules and regulations relating to the the Chicago Convention, all of these 41, and 42 of the Civil Air Regulations flight and maneuver of aircraft there in rules apply only to civil aircraft of provided that, unless otherwise specified force,” as well as to undertake “to insure registry. Excepted from applicability»^ in the air carrier rules or the operations the prosecution of all persons violating § 91.15(b) that requires parachute jump“

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8355 to be made in accordance with Part 105 1. By amending paragraph (a) of § 91.163 General. of the Federal Aviation Regulations § 61.3 of Part 61 to read as follows: which in turn is applicable only within (a) The owner or operator of an air­ the United States, § 91.17 that prohibits § 61.3 Certificates and ratings required. craft is primarily responsible for main­ towing anything by aircraft without a (a) Pilot certificate. No person may taining that aircraft in an airworthy waiver issued by the Administrator, and act as a pilot in command or in any other condition, including compliance with §§ 91.43 and 91.38 that respectively pro­ capacity as a required pilot flight crew­ Part 39 of this chapter. vide special rules for foreign civil aircraft member of a civil aircraft of U.S. registry ***** within the United States and certain air­ unless he has in his personal possession (Secs. 307(c), 313(a), 601-610, 1102, Federal planes operated in Alaska. a current pilot certificate issued to him A v ia t io n A c t o f 1958 (49 U .S .C . 1348, 1354, Two provisions of the general operating under this part. However, when the air­ 1421-1430, 1 50 2); A rtic le s 12, 29, 31, 3 2 (a ), rules of Subpart A are made applicable craft is operated within a foreign coun­ Convention of international Civil Aviation (61 Stat. 1180)) only within the United States because try a current pilot certificate issued by of reference to waivers issued, or oper­ the country in which the aircraft is oper­ Issued in Washington, D.C., on June ating limitations imposed by the Ad­ ated may be used. 7,1966. ministrator. Section 91.17 requires a ***** W i l l i a m F . M c K e e , certificate of waiver issued by the Ad­ 2. By amending § 91.1 of Part 91 to Administrator. ministrator for towing anything with a read as follows: [F.R. Doc. 66-6522; Filed, June 14, 1966; civil aircraft. Section 91.39 concerns 8:45 a .m .] limitations on operation of restricted § 91.1 Applicability. category civil aircraft. Paragraph (d) (a) Except as provided in paragraph of that section prohibits operation over (b) of this section, this part describes [Docket No. 7077; Arndt. 67-5] densely populated areas, in congested rules governing the operation of aircraft airways, and near busy airports where PART 67— MEDICAL STANDARDS (other than moored balloons, kites, un­ AND CERTIFICATION passenger transport operations are con­ manned rockets, and unmanned free ducted, except in accordance with the balloons) within the United States. Miscellaneous Amendments terms and conditions of a certificate of (b) Each person operating a civil air­ waiver or special operating limitations craft of U.S. registry outside of the The purpose of these amendments to issued by the Administrator. These United States shall— Part 67 of the Federal Aviation Regula­ waiver and special limitation provisions (1) When over the high seas, comply tions is (1) to provide authorization for should apply only within the United with Annex 2 (Rules of the Air) to the certain representatives of the Federal States. Operations under these sections Convention on International Civil Air Surgeon within the Agency (the within foreign countries would be sub­ Aviation; Chief, Aeromedicai Certification Branch, ject, of course, to any corresponding (2) When within a foreign country, Civil Aeromedicai Institute, and Regional applicable rules there in force. comply with the regulations relating to Flight Surgeons) to finally reconsider Paragraph (e) of §91.39 (Restricted the flight and maneuver of aircraft there issuances and denials of medical certi­ category civil aircraft; operating limita­ in force; and ficates by aviation medical examiners, in tions) previously has referred to an ap­ (3) Except for §§ 91.15(b), 91.17, 91.38, certain situations; (2) to provide that a plication for a certificate of waiver under and 91.43, comply with Subparts A and denial by such a representative in any of “this section.” This provision, recodified C of this part so far as they are not in­ those situations is considered to be a from § 8.31-1 of Civil Aeronautics Manual consistent with applicable regulations of denial by the Administrator for the pur­ 8, originally referred to waivers from the the foreign country where the aircraft pose of review by the Civil Aeronautics prohibitions in § 8.31 of Part 8 of the is operated or Annex 2 to the Convention Board; (3) to require the surrender, upon Civil Air Regulations, recodified as para­ on International Civil Aviation. request, of a medical certificate whose graph (c) of § 91.39 and subsequently issue is reversed, wholly or in part, upon amended and redesignated paragraph § 91.15 [Am ended] reconsideration by the Federal Air Sur­ (d). This reference in paragraph (e) is 3. By amending paragraph (b) of geon or such a representative; and (4) changed to accurately relate to para- § 91.15 of Part 91 by adding the words graph (d) and not to paragraphs (a ), to state in the regulations that if an ap­ “within the United States” after the plicant for, or holder of, a medical cer­ (d) , and (c) of the section (under which word “aircraft”. waivers may not be sought). tificate refuses to furnish additional 4. Airman competency. Section 61.3 § 91.17 • [Am ended] medical information the Administrator may suspend, modify, or revoke a cer­ in a from acting within 4. By amending paragraph (a) of ® United States as pilot in command tificate, or refuse to issue it. Except for § 91.17 of Part 91 by adding the words the scope of the first and second items fiicrK».any ° ^ er capacity as required pilot “within the United States” after the mentioned, that is now made narrower gnt crewmember of a civil aircraft of words “that aircraft”. •o. registry unless he has in his per­ than originally contemplated, these sonal possession a current pilot certifi- § 91.39 [Am ended] amendments were proposed in Notice 65- 41 issued December 16, 1965 (30 F.R. mSf1^ ed him ^ d e r that Part. To 5. By amending § 91.39 of Part 91 as 16084), for which the comment period on country’s responsibility under follows: was extended to March 23, 1966 by No­ qiofn ,, i tbe Phrase “within the United a. By adding the words “within the tice 65-41A issued February 2, 1966 (31 thn 18 deleted from the rule and thus United States” after the words “civil air­ F R . 1312); Parf-a«7Uan certiflcate requirements of craft” in paragraph (d ). A number of the comments received on oDAra« ^ made applicable to airmen b. By adding the words “paragraph Notice 65-41 concurred in the proposals oS a aircraft of U.S. registry (d) of” after the word “under” in para­ made. One of these comments (as well graph (e). samftimi the ?™ ted Sfcates- At the as several others that did not concur) the provislon is made to allow 6. By amending paragraph (a) of displayed apprehension that delegation sued Kw tu ^ current pilot certificate is- § 91.161, to read as follows: of authority to representatives of the the f°reign country within which Federal Air Surgeon to “finally recon­ e aircraft is operated. § 91.161 Applicability. sider” actions of aviation medical ex­ a n o o S S ^ - ^ f 0118 have been afforded (a ) This subpart prescribes rules gov­ aminers would eliminate an applicant’s ing oFtifn ty to Participate in the mak- erning the maintenance, preventive recourse to petition for exemption from sideStfm? u ^uendments, and due con- maintenance, and alteration of U.S. reg­ the rules. This apprehension is not well ^ateriad presented^ 8lVea to ^ relGVant istered civil aircraft operating within or grounded, for Notice 65-41 is not con­ without the United States. cerned with the exemption procedure in ^ a n d q fdiLrf*;i(m of the foregoing, Parts any respect, either explicitly or im­ lations a L nmhe r e2eral Avlati°n Regu- * * * * • plicitly. Both the notice and these Septemb^S“ ^ ? as follows’ effective 7. By amending paragraph (a) of amendments are concerned only with § 91.163 to read as follows: the administration of the rules in Part

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8356 RULES AND REGULATIONS

67, not with the grant or denial of ex­ is severe enough to have repeatedly man­ Act is not necessary. The position of the emptions issued in accordance with rules ifested itself by overt acts, a psychotic Agency is clarified in these amendments specifically provided in the rule-making disorder, chronic alcoholism, drug addic­ by adding a provision in § 67.25(b) that procedures of Part 11. tion, epilepsy, or a disturbance of con­ any action taken by the Federal Air Sur­ Some comments presented strong ob­ sciousness without satisfactory medical geon or his authorized representative jections to the proposed delegation of explanation of the cause; and (3) dia­ within the Agency under subsection authority to representatives of the Fed- betes mellitus that requires insulin or any 314(b) of the Act that reverses, wholly oral Air Surgeon within the Agency. other hypoglycemic drug for control. In or in part, the issue of a medical certif­ One comment concurred in the proposal 1964, approximately 919 and in 1965 ap­ icate by an aviation medical examiner so far as it would apply to cases where proximately 962 cases were referred to is the denial of a certificate by the Ad­ the Federal Air Surgeon does not have the Federal Air Surgeon for further re­ ministrator under section 602 of the Act. authority in any event to consider spe­ view. O f these, 350 cases in 1964 and The proposal to require surrender, cial issue of medical certificates (cases 316 cases in 1965, or about one-third of upon request, of a medical certificate excluded from § 67.19). It was asserted all of the cases so referred, involved whose issue is reversed or otherwise that the proposed amendments would denials of medical certificates in the changed, upon reconsideration, was gen­ improperly tend to shift the Federal Air areas described, and the Federal Air Sur­ erally supported by the comments re­ Surgeon’s authority to make important geon routinely affirmed the denials, as ceived. Two comments expressed con­ decisions in the medical certification required. The delegation of final Agency cern that this would permit arbitrary de­ area to Regional Flight Surgeons; abro­ denial authority to representatives in privai of a certificate legally issued. gate the denial authority of the Federal these cases will spare the applicants, as However, as stated in Notice 65-41, the Air Surgeon; and result in a lack of uni­ well as the government, great expense obligation is imposed with respect to a formity in the application of medical and useless effort. These amendments certificate that has been found to have standards. The first and second asser­ therefore adopt the proposal made in been issued to an applicant who in fact tions display needless apprehension, Notice 65-41, to the extent indicated, and does not meet the applicable standards, since the proposals would not affect the as a result greater and faster service will and the Agency considers this a reason­ general policy making responsibility of be provided to applicants. After an op­ able requirement in order to protect the Federal Air Surgeon, and the delega­ portunity to evaluate operational experi­ against the use of the certificate. tion to his representatives would not de­ ence under this limited delegation of In each of these reconsideration pro­ prive him of his own authority in the authority, the Administrator may later visions, the action taken by the Federal area. delegate full authority to his representa­ Air Surgeon or his representative within The assertion that a lack of uniformity tive at the Aeromedical Certification the Agency is described as one to “wholly might result, in the application of medi­ Branch, Oklahoma City, to finally recon­ or partly reverse” the issue of the medical cal standards in the certification process, sider all issuances and denials of medical certificate. This language is used in has pointed out an item susceptible of certificates by aviation medical exam­ order to make clear that the provisions controversy, with strong arguments on iners. concern action taken that is adverse to each side. As stated in Notice 65-41, the It should be noted, in connection with the applicant. It would be clearly un­ proposal was in keeping with the this limited delegation of authority, that reasonable to provide that action taken Agency’s policy of decentralization, and the Federal Air Surgeon and his repre­ upon reconsideration that is advanta­ would foster a lessening of the delays sentatives within the Agency not only geous to the applicant is the denial of a incident to geographic distances and retain authority to finally reconsider medical certificate. needless duplication of activity. How­ denials of medical certificates except in Most of the comments received were ever, it is recognized that the assertion the situations listed above, but also have not opposed to the proposal to require may have merit, in this highly special­ authority upon their own initiative to the applicant or certificate holder to fur­ ized field of medicine where various indi­ reconsider issuances of medical certifi­ nish additional medical information. viduals may conceivably have different cates by aviation medical examiners. In Some comments asserted this authority interpretations of a given set of medical this manner, cases involving novel or im­ could be exercised improperly to delve facts. portant features may be inquired into by into irrelevant matters. However, as is After careful consideration of all issues the highest medical authority of the plain from the provision, the purpose is involved, the Agency has concluded that, Agency, even where certificates have been to obtain additional medical information in view of this argument against the pro­ issued, as contemplated by subsection needed to determine whether an appli­ posed change, it is doubtful that the 314(b) of the Federal Aviation Act of cant is eligible to hold a medical action would preserve the maintenance 1958. certificate. of uniformity in the application of medi­ One comment asserted that any at­ ^Interested persons have been afforded cal standards, and its adoption in full is tempt by the Agency to reverse the issue an opportunity to participate in the inappropriate at this time. Therefore, of a medical certificate by an aviation making of these amendments, and due the Agency has dropped this proposed medical examiner, without compliance consideration has been given to all change so far as it pertains to cases in with section 609 of the Federal Aviation relevant matter presented. which the Federal Air Surgeon has au­ Act of 1958, would be invalid, as well as In consideration of the foregoing, and thority under Part 67 to override a denial undesirable. Several other comments for the reasons stated in Notice 65-41, of a medical certificate. However, in also pointed out that the burden of proof Part 67 of the Federal Aviation Regu­ certain areas listed in § 67.19(d), the is the Administrator’s under section 609, lations is amended as follows, effective regulations do not allow the Federal Air whereas this burden is the applicant’s July 16, 1966: . . Surgeon to issue medical certificates under section 602 of the Act. „ Subsection 1. Paragraph (b) of § 67.25 is a m en d ed specially to applicants with established 314(b) of the Act empowers the Adminis­ to read as follows: inability to meet the applicable medical trator to “reconsider” either the denial § 67.25 Delegation o f authority. standards. In these areas the Federal or issuance of a medical certificate by an Air Surgeon has no alternative but to aviation medical examiner. It is the ***** confirm the denial action of his repre­ Agency’s position that when the Admin­ (b) The authority of the Administra­ sentatives, although he of course provides istrator exercises that power to correct tor, under subsection 314(b) of the Fed­ guidelines to aviation medical examiners an error committed by a private person eral Aviation Act of 1958 (49 U.S.u for the application of the medical stand­ in the exercise of delegated authority 1355(b) ), to reconsider the action of an ards in all cases. H ie areas involved (where the aviation medical examiner aviation medical examiner is d e le g a te established medical history or clinical should have taken a different course of to the Federal Air Surgeon, the Chie > diagnosis of: (1) Myocardial infarction, action based upon the information avail­ Aeromedical Certification Branch, cw* or angina pectoris or other evidence of able to him when he issued the medical Aeromedical Institute, and each R®' coronary heart disease that the Federal certificate) the airman must rely upon giona! Flight Surgeon. Except wne Air Surgeon finds may reasonably be ex­ his rights under section 602 of the Act the applicant does not meet the stan ' pected to lead to myocardial infarction; if he is dissatisfied.^ In such a case, a ardsof §§ 67.13 (d) (1), (e) ( 1) . or (2) a character or behavior disorder that “reexamination” under section 609 of the 67.15 (did), (e), or (f)(1). or

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES ÁND REGULATIONS 8357

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1946 No. 115------4 8358 RULES AND REGULATIONS

[Airspace Docket No. 66-AL- 8 ] beyond the VOR. As a result of further Issued in Fort Worth, Tex., on June 8, studies it was determined that an in­ 1966. PART 71— DESIGNATION OF FEDERAL crease of the final instrument approach H e n r y L. N e w m a n , AIRWAYS, CONTROLLED AIRSPACE, altitude to 2,800 feet M SL permitted a Director, Southwest Region. AND REPORTING POINTS termination of the control zone exten­ [F .R . D oc. 66-6548; F ile d , J u n e 14, 1966; sion at the VOR. This amendment to 8 :4 7 a .m .] Alteration of Control Zone, Revoca­ the original notice is minor in nature and tion of Control Area Extension, and notice and public procedure thereon are [A irs p a c e D o c k e t N o . 6 6 -S W -3 1 ] Designation of Transition Area unnecessary. In view of the foregoing, thé proposed PART 71— DESIGNATION OF FED­ On April 20,1966, a notice of proposed regulations are hereby adopted effective ERAL AIRWAYS, CONTROLLED AIR­ rule making was published in the F e d ­ 0001 e.s.t., July 21, 1966 except as fol­ SPACE, AND REPORTING POINTS e r a l R e g i s t e r (31 F.R. 6062) stating that lows: the Federal Aviation Agency proposed Under Item 1 of the proposal in the Alteration of Control Zone to alter the controlled airspace in the description of the control zone, delete The purpose of thisamendment to Part Kenai, Alaska, terminal area by altering the words, “to 7 miles east of the VOR” 71 of the Federal Aviation Regulations is the control zone, revoking the control and insert in lieu thereof, “to the VO R ”. to alter the description of the Enid, area extension, and designating a tran­ Okla., control zone which refers to the sition area. (Sec. 307(a), Federal Aviation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348) ) Vance ILS outer marker compass lo­ Interested persons were afforded an cator. This action is necessary since the opportunity to participate in the rule Issued in Jamaica, N.Y., on June 1, compass locator is to be decommissioned making through the submission of com­ 1966. on July 1, 1966. _ Therefore, action is ments, but no comments were received. W a y n e H e n d e r s h o t , taken herein to substitute “OM” for In consideration of the foregoing, Part Deputy Director, Eastern Region. “LO M ” in the control zone description. 71 of the Federal Aviation Regulations Amend § 71.171 of Part 71 of the Fed­ Since this amendment is editorial in. is amended, effective 0001 e.s.t., August eral Aviation Regulations which would nature and imposes no additional burden 18, 1966, as hereinafter set forth. designate a control zone for Jamestown, on any person, notice and public pro­ 1. In § 71.171 (31 F.R. 2104), theN.Y., described as follows: cedures hereon are unnecessary and the Kenai, Alaska, control zone is amended amendment may be made effective im­ as follows: Within a 5-mlle radius of the center, 42®09'10" N., '79® 15'30" W., of Jamestown mediately. K enai, Alaska Municipal Airport, Jamestown, N Y.; within In consideration of the foregoing, Part Within a 5-mile radius of the Kenai Mu­ 2 miles each side of the Jamestown, N.Y., 71 of the Federal Aviation Regulations nicipal Airport (latitude 60®34'11" N., longi­ V O R 071® a n d 251® ra d ia is e x te n d in g fro m is amended, effective immediately, as tude 151°14'56'' W .); and within 2 miles NW the 5-mile radius zone to the VOR and within herein set forth. a n d 3 m ile s S E o f t h e K e n a i V O R 031® r a d ia l 2 m ile s e a ch sid e o f a 053® b e a r in g fro m th e In §71.171 (31 F.R. 4589, 6264) the extending from the 5-mile radius zone to 8 Jamestown. pr.Y., RBN (42®11'02" N., 79®- Enid., Okla., control zone is amended to miles NE of the VOR. 11'15" W .) extending from the 5-mile radius zone to 7 miles northeast of the RBN. This read: 2. In § 71.165 (31 F.R. 2058), the control zone shall be in effect 0700 to 2200 Enid, Ok la . Kenai, Alaska, control area extension is hours Monday through Friday, 0700 to 1700 That airspace within a 5-mile radius of revoked. hours Saturdays and 0900 to 2200 hours Sun­ Vance AFB (latitude 36°20'20" N., longitude 3. In § 71.181 (31 F.R. 2149), the fol­ d ay s, lo ca l tim e. 97°55'00" W .) ; and within 2 miles W and 5 miles E of the Vance AFB ILS localizer S lowing transition area is added: [F.R. Doc. 66-6547; Filed, June 14, 1966; course extending from the 5 -mile radius 8 :4 6 a .m .] K enai, Alaska zone to the OM; and within 2 miles each side of the Vance AFB TACAN 185* radial, ex­ That airspace extending upward from 1,200 [A irs p a c e D o c k e t N o . 6 6 -S W —19] tending from the 5-mile radius zone to 8 feet above the surface within 12 miles each miles S of the TACAN; and within 2 miles sid e o f t h e 227® b e a rin g fro m th e K e n a i, PART 71— DESIGNATION OF FED­ each side of the Vance VOR 134“ radial, ex­ Alaska, RR extending from the southwest ERAL AIRWAYS, CONTROLLED AIR­ tending from the 5-mile radius zone NW to boundary of the Anchorage, Alaska, 1,200- the VOR; and within 2 miles each side of foot transition area to 29 miles SW of the SPACE, AND REPORTING POINTS t h e V a n c e A F B T A C A N 348® rad ia l, extend­ RR. Designation of Transition Area ing from the 5-mile radius zone to 7 miles (Sec. 307(a), Federal Aviation Act of 1958 N of the TACAN; and within 2 miles W ana (49 U.S.C. 1348)) On April 29,1966, a notice of proposed 3 billes E of the Vance AFB 17R-35L run­ rule making was published in the F e d ­ way centerline, extending from the 5-mile Issued in Anchorage, Alaska, on June e r a l R e g i s t e r (31 F.R. 6514) stating that radius zone to 6 miles N of Vance AFB; and 6,1966. the Federal Aviation Agency proposed to within a 5-mile radius of Woodring Field G e o r g e M . G a r y , designate the La Grange, Tex., transition (la t it u d e 3 6 °2 2 '4 5 " N ., lo n g itu d e 97®47'30 Director, Alaskan Region. W .); and within 2 miles each side of the area. W o o d r in g V O R 355® r a d ia l, ex ten d in g from [F.R. Doc. 66-6546; Filed, June 14, 1966; Interested persons were afforded an op­ the 5-mile radius zone to 8 m ile s N of the 8 :4 6 a .m .] portunity to participate in the rule mak­ VOR; and within 2 miles each side of the ing through submission of comments. Woodring VOR 185® radial, extending from All comments received were favorable. the 5-mlle radius, zone to 8 m iles S of tne [Airspace Docket No. 66-EA- 6 ] In consideration of the foregoing, Part VOR; and within 2 miles each side of tne PART 71— DESIGNATION OF FED­ 71 of the Federal Aviation Regulations is Woodring VOR Oil® radial, extending from amended, effective 0001, e.s.t., July 21, the 5-mile radius zone to 12 miles N of t ERAL AIRWAYS, CONTROLLED AIR­ VOR; and that airspace within 2 miles eacn 1966, as hereinafter set forth. SPACE, AND REPORTING POINTS side of the Woodring VOR 191° radial ex­ In §71.181 (31 F.R. 2149) the La tending from the Woodring Field 5-miler^' Designation of Control Zone Grange, Tex., transition area is desig­ dius zone to 12 miles S of the VOR. 1 . nated as follows: control zone is effective during the dates a On page 3500 of the F e d e r a l R e g i s t e r times published in the Airman’s Informa a range ex for March 8, 1966, the Federal Aviation L G , T . tion Manual. Agency published a proposed regulation That airspace extending upward from 700 : (Sec. 307(a), Federal Aviation Act of 1958 which would designate a Jamestown, feet above the surface within a 5-mile radius (49 U.S.C. 1348) ) N.Y., control zone for Jamestown Muni­ of Rocky Creek Ranch Airport (latitude cipal Airport. 29°55'30" N., longitude 96®48'12" W .) and Issued in Fort Worth, Tex., on June 8, Interested parties were given 45 days within 2 miles each side of the Industry 1966. H e n r y L. N e w m a n , after publication in which to submit VOR 262* radial extending from the 5-mile r a d iu s are a to t h e V O R . Director, Southwest Region- written data or views. The Aircraft Owners and Pilots Association objected (S e c. 3 0 7 (a ), F e d e ra l A v ia tio n A c t o f 1958 (49 [F.R. Doc. 66-6549; Filed, June 14, I 96 ' to the proposed control zone extension U.S.C. 1348)) 8 :4 7 a .m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8359

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES

[B e g . D o c k e t N o . 7406; A m d t. 485] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classifi­ cation now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In yiew of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 C F R Part 97) is amended as follows: 1. By amending the following automatic direction finding procedures prescribed in § 97.11(b) to read: AD F Standard I nstrum ent A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M S B . Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and From— To— altitude Condition 2-engine, distance more than (feet) 65 knots More than or less 65 knots 65 knots

Gordonsville, Va., V O R AOM RBn 3400 T -d n * .. 300-1 300-1 200-14 Wolftown Int______AOM RBn 3400 n-d 700-1 700-1 700-i14 Rockfish Int______A O M R B n 3600 700-2 700-2 700-2’ Sh 1-3...... 700-1 700-1 700-1 S-n-3...... 700-2 700-2 700-2 A-dn . 800-2 800-2 800-2 Minimums if OM received: C -d ...... 500-1 500-1 600-1)4 C - n ______500-1)4 600-1)4 500-2 S-dn-3...... 400-1 400-1 400-1

Procedure turn E side of crs, 207° Outbnd, 027° Inbnd, 3400' within 10 miles. Beyond 10 miles not authorized. Minimum altitude over M H W on final approach crs, 2300'; over OM, 1334'. Crs and distance, M H W to airport, 027°—7.9 miles; OM to airport, 027°—3.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.9 miles after passing A O M RBn, or 2.9 miles after passmg OM, make immediate left-climbing turn to 3400', direct to A O M RBn. Hold SW, 027° Inbnd, 1-minute right turns. Caution: 1164' obstruction, 2.5 miles N E of Runway 21. •Runway 3 takeoffs: Make immediateleft-climbing turn direct to AO M MH W , climb to 3400' in 1-minute right turn. N E shuttle, 207° bearing Inbnd, then proceed as cleared. Runway 21 takeoffs: JClimb direct to A O M M H W , climb to 3400' in 1-minute right turn, N E shuttle, 207° bearing Inbnd, then proceed as cleared. MSA within 25 miles of facility: 040°-220°— 2900'; 220°-040°—4900'. City, Charlottesville; State, Va.; Airport name, Charlottesville-Albemarle; Elev., 634'; Fac. Class., M H W ; Ident., A O M ; Procedure No. 1, Amdt. 2; Eff. date, 2 July 66; Sup. Amdt. No. 1; Dated, 31 July 65 *

Mentor Int. _ 3000 300-1 300-1 200-)4 Fairport Int. Cuyahoga County RBn ______Direct______3000 C-dn 500-1 600-1 600-1)4 S-dn-23______400-1 400-1 400-1 A - d n ___ _ NA NA NA

Procedure turn N W side of crs, 054° Outbnd, 234° Inbnd, 3000' within 10 miles. Minimum altitude over Kirtland Int on final approach crs, 1800'. Crs and distance, facility to airport, 234°—0.4 mile. not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of C U C turn left, climbing to 3000' on crs of U54 i^ th m 10 miles return to C U C RBn. Hold N E 1-minute right turns, 234° Inbnd. MSA within 25 miles of facility: 000°-090°—2500'; 090o-180o—2700'; 180°-270°—3000'; 2708-360°— 1900'. City, Cleveland; State, Ohio; Airport name, Cuyahoga County; Elev., 874'; Fac. Class., M H W ; Ident., C U C ; Procedure No. 1, Amdt. 1; Eff. date, 2 July 66; Sup. Amdt. No. Orig.; Dated, 15 Feb. 64

QJT V O R .... G.TT RBn 8100 300-1 Mack Int 300-1 200-J4 8000 C -d * '" 700-1 lema Int... 700-1 700-1)4 O.TT R B n (fin a l)...... D ire c t...... 8000 C - n # ...... 700-2 700-2 700-2 Sharp In t..... G.TT R B n ..... 8000 1000-2 1000-2 Salt Creek Int. 1000-2 G JT R B n ...... Direct______8000

iu n f^ ure S,side crs, 290° Outbnd, 110° Inbnd, 8000' within 10 miles. PrTo ¡J^.Mt'tude over facility on final approach crs, 7500'. Ifvkii l dlst,ance> facility to airport, 110°—9.4 miles. turn Pot established upon descent to authorized landing minimums or if landing not accomplished within 9.4 miles after passing G JT R Bn, make a right-climbing NnTlr ^ ^ rTeci.to GJT R B n > climb t0 SOOO' ° n 290° bearing from R B n within 10 miles. V IF P h E IL Runways 11 and 29. pariurSs must comply with terrain/obstruction avoidance restrictions included in Grand Junction S ID 's. 4a iiA 3 required for Runway 4. Ms to 8 of airport; high terrain N . wumn 25 miles of facility: 000°-090°— 11,400'; 090°-180°— 12,000'; 180°-360°— 11,000. 7, Grand Junction; State, Colo.; Airport name, Walker Field; Elev., 4857'; Fac. Class., M H W ; Ident., GJT; Procedure No. 1, Am dt. 3; Eff. date, 2 July 66; Sup. A m d t N o . 2; Dated, 2 Apr. 66

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8360 RULES AND REGULATIONS

A D F Standard Instrument A pproach P rocedure— Continued

Transition Ceiling and visibility minimums

2-engine or less More than Course and Minimum altitude 2-englne, From— T o — distance Condition (feet) 65 knots More than more than or less 65 knots 65 knots

L A S R B n ...... Direct...... 8700 T-dn% ._...... 300-1 300-1 200-}4 L A S R B n ...... Direct______5700 C -d ...... 700-1 700-1 700-1)4 Direct...... 5700 C -n ...... 700-2 700-2 700-2 BT/n v o r L A S R B n ______Direct______6000 A -d n ______800-2 800-2 800-2 L A S R B n ______Direct______7100

Radar available. . Procedure turn E side of crs, 029° Outbnd, 209° Inbnd, 5700' within 10 miles. Minimum altitude over facility on final approach crs, 4600'. Crs and distance, facility to airport, 196°—8.5 miles...... J , T la T > T , »» u If visual contact not established upon descent to authorized landmg mmimums or if landmg not accomplished within 8.5 miles after passing L A S RBn, climb to 5700' on 196° crs within 15 miles of LA S R Bn. ‘ . . N o te: Final approach from holding pattern at L A S R B n not authorized. Procedure turn required. %Takeoff all runways: IF R departures must comply with published L A S S ID ’s, or as directed by A T C . M SA within 25 miles of facility: 020°-110°—6500'; 110*-200°—6700'; 200°-290°— 11,600'; 290°-020°— 10,800'. City Las Vegas- State, Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H -S A B -Z ; Ident., L A S ; Procedure No. 1, Arndt. 2; Eff. date, 2 July 66; Sup. Arndt. No. 1; Dated, 4 Apr. 64

North Platte V O R . L B F R B n ...... Direct...... 4700 T -d n ______300-1 300-1 *200-)$ V O R /A D F receivers required: C -dn...... 600-1 500-1 500-1)$ - / ■ S-dn-35...... 400-1 400-1 400-1 A -d n ...... 800-2 800-2 800-2

Procedure turn E side of crs, 175° Outbnd, 355° Inbnd, 4700' within lO miles. Minimum altitude over Moran Int on final approach crs, 3800'; over L B F R Bn, 3230'. Crs and distance, facility to airport, 355°— 1.9 miles...... ,,. . T _ _ _ _ ...... „ If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 1.9 miles after passmg L B F RBn, make right turn «■UmLinp to 4700' on 175° bearing from L B F R B n within 15 miles, make right turn and return to L B F RBn. N o t e : Approach from holding pattern at R B n not authorized. Procedure turn required. Caution: 3627' tower, 4.5 miles N N W of airport. ♦Air Carrier N ote: 300-1 required for takeoff on Runways 26 and 30. MSA within 25 miles of facility: 000°-090°—4600'; 090°-180°—4200'; 180°-270°—4300'; 270°-360°—4700'. V City, North Platte; State, Nebr.; Airport name, Lee Bird Field (Municipal); Elev., 2779'; Fac. Class., H -S A B ; Ident., L B F ; Procedure No. 2, Arndt. Orig.; Eff. date, 2 July 66.

Stonewall Int. T.OM rfinall 1600 T -d n ______300-1 300-1 200-H, C -dn ...... 500-1 500-1 500-1& S -d n -lR ...... 400-1 400-1 400-1 A -d n ...... 800-2 800-2 800-2

Radar available. \ .. Procedure turn W side of era, 186° Outbnd, 006° Inbnd, 1600' within 10 miles. Beyond 10 miles not authorized. Procedure turn must be authorized by A T C . Minimum altitude over facility on final approach crs, 1600'. Crs and distance, facility to airport, 006°—4.6 miles. ... ,, _ _ _ _, . , ¡ ^ , 1. I f visual contact not established upon descent to authorized landmg minimums or if landing not accomplished within 4.6 miles after passmg D I LO M , proceed direct w Poolesville R Bn. Hold N , 186° bearing, 006° Inbnd, 2800', 1-minute right turns. MS A within 25 miles of facility: OOOM)90°—2100'; 090°-180°—1700'; 180°-360°—2500'. City Washington, D .C .; Airport name, Dulles International; Elev., 313'; Fac. Class., LO M ; Ident., D I; Procedure No. 1, Arndt. 3; Eft. date, 2 July 66; Sup. Arndt. No. 2, Dated, 11 May 63 2. By amending the following very high frequency omnirange (VO R ) procedures prescribed in § 97.11(c) to read: V O R Standard I nstrument Approach Procedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M S L . Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. . „ _ , ...... If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approacn proceaure, tmiftss an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approach ■hail be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Celling and visibility minimums

2-engine or less More than Minimum 2-engine, Course and From— __ To— altitude Condition more than distance (feet) 65 knots More than 65 knots or less 65 knots

T -d n ______... 300-1 300-1 200-)$, 700-1 700-1 700-1)$ C -d ...... 800-2 C -n ______700-2 700-2 500-1 S-dn-31R...... 500-1 500-1 A -d n ______NA NA NA

Procedure turn N side of crs, 115° Outbnd, 295° Inbnd, 1800' within 10 miles. Minimum altitude over facility on final approach crs, 1500'. Crs and distance, facility to airport, 295°— 4.2 miles. , . ri„ht turn If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.2 miles after passing M A W V O R , mane ng climbing to 1800'. Return to M A W V O R . N o t e : Use Cape Girardeau, Mo., altimeter setting. M SA within 25 miles of facility: 000°-270°— 1800'; 270°-360»—2100'. City, Malden; State, Mo.; Airport name, Malden Municipal; Elev., 295'; Fac. Class., L -B V O R ; Ident., M A W ; Procedure No. 1, Arndt. 2; Eff. date, 2 July 66; Sup. Amdt. No. Dated, 14 Mar. 64

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8361

VOR Standard I nstrum ent A pproach P rocedure— Continued

Transition Ceiling and visibility minimums

2-enghu or less Minimum More than Course and 2-engine, From— To— altitude Condition distance more than (feet) 65 knots More than 65 knots or less 65 knots

T -d n ...... 300-1 300-1 *200-)3 C -dn ...... 600-1 600-1 600-1)3 • A -d n ______800-2 800-2 800-2 D M E minimum s; D M E equi iment requi red: C -dn ...... 500-1 500-1 500-1)3

Procedure turn E side of crs, 198° Outbnd, 018° Inbnd, 4700' within 10 miles. Mininlum altitude over facility on final approach crs, 4100'; over 2.5-mile D M E Fix (R 018°), 3379'. Crs and distance, facility to airport, 018°—5 miles. If visual contact not estabilished upon descent to authorized landing minimums or if landing not accomplished within 5 miles after passing L B F V O R , climb to 4700' on R 018° within 15 miles, make right turn and return to L B F V O R. Ca u t io n : 3627' tower, 4.5 miles N N W of airport. N otes: (1) Final approach from holding pattern at V O R not authorized. Procedure turn required. (2) When authorized by A T C , L B F V O R T A C D M E may be used via 6-mile D M E Arc at 4700' altitude between L B F V O R , R 050° clockwise to R 270° to position aircraft for straight-in approach with elimination of procedure turn. *Air C arrier N o t e : 300-1 required for takeoff Runways 26 and 30. MSA within 25 miles of facility: 000°-090°—4600'; 090°-180i—4200'; 180°-270°—4300'; 270-360°—4600'. City, North Platte; State, Nebr.; Airport name, Lee Bird Field (Municipal); Elev., 2779'; Fac. Class., L -B V O R T A C ; Ident., L B F ; Procedure No. 1, Arndt. 9; Efl. date, 2 July 66; Sup. Arndt. No. 8; Dated, 14 Oct. 65

SVM V O R ...... ______P T K V O R ______2800 TWIn 300-1 300-1 200-J3 F N T VOR P T K V O R ...... __...... «...... 2800 C-dn 500-1 500-1 500-1)3 Russell In t...... P T K V O R (final)...... 1900 800-2 800-2 800-2

Procedure turn S side final approach crs, 275° Outbnd, 095° Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach crs, 1900'. Crs and distance, facility to airport, 119°— 4.9 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.9 miles after passing P T K V O R , make elimbing left turn to 3000' and proceed to Dennis Int via SVM, R 030°, or when directed by A T C , make left turn to 2200' and return to P T K V O R . N otes: (1) Radar available. (2) When authorized by A T C , D M E may be used to position aircraft on final approach crs via 8-mile arc of P T K V O R T A C between R .155 ° clockwise through R 035° at 2700' with the elimination of procedure turn. •Alternate minimums authorized only during hours of control zone operation or for air carrier with approved weather reportihg service. MSA within 25 miles of facility: 000°-090°—2500'; 090°-180°—2800'; 180°-270°—2600'; 270°-360°—2300'. City Pontiac; State, Mich; Airport name, Pontiac Municipal; Elev., 980'; Fac. Class., L -B V O RT A C ; Ident., P T K ; Procedure No. 1, Arndt. 10; Eff. date. 2 July 66; Sup. Arndt. No. 9; Dated, 12 Feb. 65

SVM VO R . Keego Int______2700 300-1 300-1 200-y¡ PTK VO R Keego In t______2700 C-dn 500—1 500-1 500-1)3 Troy In t..„ Keego Int (final)______2400 S-dn-27 500-1 5 0 0 - 1 600-1 A -d n *______800-2 800-2 800-2

Procedure turn N side of final approach crs, 115° Outbnd, 295° Inbnd, 2700' within 10 miles of Keego Int. Minimum altitude over Keego Int on final approach crs, 2400'. Crs and distance, Keego Int to airport, 295°— 4.3 miles. . W visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 4.3 miles after passing Keego Int, make right turn vnSS. proceed to Dennis Int via SVM, R 030°. When authorized by A T C , D M E may be used to position aircraft on final approach crs via 17-mile D M E arc of P T K VORTAC between R 360° clockwise through R 235° at 2800' with elimination of procedure turn. Alternate minimums authorized during hours of control zone operation or for air carrier with approved weather reporting service. MSA withm 26 miles of facility: 000-090°—2500'; 090°-180°—2800'; 180°-270°— 2600'; 270°-360°—2300\ City, Pontiac; State, Mich.; Airport name, Pontiac Municipal; Elev., 980'; Fac. Class., B V O R ; Ident., P T K ; Procedure No. 2, Arndt. 4; Eff. date, 2 July 66; Sup. Arndt. No. 3; Dated, 12 Feb. 66 3. By amending the following terminal very high frequency omnirange (TerVOR) procedures prescribed in § 97.13 to read: T erm inal V O R Standard I nstrum ent A pproach P rocedure mu™ ®ai^ > headings. courses and radials are magnetic. Elevations and altitudes are in feet M S L . Ceilings are In feet above airport elevation. Distances are in nautical nines unless otherwise indicated, except visibilities which are in statute miles. nniiK*: mstrumeJnt approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure Bhaula aPPr0Sch « conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches u 06 made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and From— T o — 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

PMN V O R T A C 9000 T-dn% 300-1 300-1 300-1 8600 600-1 600-1 600-1)3 8-dn-2 600-1 600-1 600-1 A - d n * . . . 1000-2 1000-2 1000-2

^ side of crs> 211° Outbnd, 031° Inbnd, 9000' within 10 miles of Bondad FM. over Bondad FM on final approach crs, 8500'. If visual ^ rs and ^stance, Bondad FM to airport, 031°— 5.4 miles; 6 miles, Bondad F M to VO R . R 104° within°io mUes** esta*3Us^led uP °n descent to authorized landing minimums or if landing not accomplished over D R O V O R , turn right, climb to 9500' on D R O V O R , weather service is available (normally 1300Z to 0500Z). 1500' soutobni?^ to intercept D R O V O R , R 104°. Climb on R 104° within 10 miles to sufficient altitude to cross D R O V O R at: 13,200' northbound, V421; M 8 A « E m n ’ 8700' eastbound, V211; 9600' westbound, V211: ’ ’ City T> nm “6 miIes of facility; 000°-090°— 15,100'; 090°-270°— 10,400'; 270°-360°— 15,300'. y, Durango, State, Colo.; Airport name, Durango-La Plata County Airport; Elev., 6684'; Fac. Class., L -B V O R ; Ident., D R O ; Procedure No. TerVOR-2, Arndt. Orig. Eff. date, 2 July 66

FEDERAL REGISTER, VOL. 31, NO. 115-—WEDNESDAY, JUNE 15, 1966 8362 RULES AND REGULATIONS

T erminal V O R Standard instrument Approach P rocedure— Continued

Transition Ceiling and visibility minimums % 2-engine or less More than Minimum Course and 2-engine, From— To— altitude Condition more than distance 65 knots More than (feet) 65 knots or less 65 knots

T-dn % ...... 1000-1 1000-1 1000-2 C-dn______1000-1 1000-1 1000-2 A -d n *______1500-3 1500-3 1500-3

Procedure turn S side of crs, 104' Outbnd, 284' Inbnd, 9500' within 10 miles. A ll turns to be made to the S side of crs, high terrain to the N . Minimum altitude over facility on final approach crs, 7700'. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished when over D R O V O R , turn right, climb to 9500' on R 104 within 10 miles. , , , N otes: (1) Final approach from holding patterns at V O R not authorized; procedure turn required. (2) Communications-with Denver center below 7600' unreliable. 'Effective during the hours weather is available—normally 1300Z to 0500Z. M SA: 000°-090'— 15,100'; 090°-270°— 10,400'; 270°-360°— 15,300'. % IF R departures: Turn right to intercept D R O V O R , R 104“, climb on R 104“ within 10 miles to sufficient altitude to cross D R O V O R at: 13,200' northbound, V421; 7500' southbound, V421; 8700' eastbound, V211; 9600' westbound, Y2H. City, Durango; State, Colo.; Airport name, Durango-La Plata County Airport; Elev., 6684'; Fac. Class., L -V O R ; Ident., D R O ; Procedure No. TerV O R, R 104“, Arndt. 8; Efl. date, 2 July 66; Sup. Ajndt. No. 7; Dated, 2 May 66

T -d n ______300-1 300-1 200- C -dn...... 500-1 500-1 500-11$ S-dn-9#...... 500-1 500-1 500-1 A -d n *______800-2 800-2 800-2 With 5 mile D M E Fix: S-dn-9...... 400-1 400-1 400-1

Procedure turn S side of crs, 260° Outbnd, 080“ Inbnd, 2100' within 10 miles. Beyond 10 miles not authorized. • Minimum altitude over 5-mile D M E Fix, 2100'. Minimum altitude over facility on final approach crs, 1140'; with D M E , 1040'. . Crs and distance, breakoff point to end Runway 9, 090°—0.6 mile. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of V O R , climb to 2100' on R 100 within 15 miles, or when directed by A T C , turn left, climb to 2100' on R 260“ within 15 miles. Caution: 1050' tower, 2.5 miles S of VO R . , N ote: When authorized by A T C , D M E may be used within 10 miles at 2100' to position aircraft for a straight-in approach with the elimination of the procedure turn. •Alternate minimums authorized for air carriers only; provided such air carriers have approval of their arrangement for weather service at this airport. Weather service not available to the general public. Lighting available only on Runways 9-27. # Reduction below % mile not authorized. M SA within 25 miles of facility: 000%090“—2000'; 090“-270’—2100'; 270“-360°—2200'. City, Greenwood; State, S.C.,; Airport name, Greenwood County; Elev., 631'; Fac. Class., L -B V O R ; Ident., G R D ; Procedure No. TerVOR-9, Arndt. 4; Eff. date,"2 July 66; Sup. Arndt. No. 3; Dated, 1 May 65

T -d n ...... 300-1 300-1 200— C -dn ...... 500-1 500-1 500-11$ S-dn-27#______500-1 500-1 500-1 A -d n *.— ______800-2 800-2 800-2 With 5-mile D M E Fix: S-dn-27...... 1 400-1 400-1 400-1

Procedure turn N side of crs, 100° Outbnd, 280° Inbnd, 2100' within 10 miles. Beyond 10 miles not authorized. Minimum altitude over 5mile D M E Fix, 2100'. Minimum altitude over facility on final approach crs, 1140', with D M E , 1040'. Crs and distance, breakoff point to end Runway 27, 270°—0.6 mile. 1K If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of VO R, climb to 2100' on R 260 within id miles. * Caution: 1050'tower, 2.5 miles S of VO R . N ote: When authorized by A T C , D M E may be used within 10 miles at 2100' to position aircraft for a straight-in approach with the elimination of the procedure turn. 'Alternate minimums authorized, for air carriers only; provided such air carriers have approval of their arrangement for weather service at this airport. Weather service not available to the general public. Lighting available only on Runways 9-27. # Reduction below % mile not authorized. M SA within 25 miles of facility: 000°-090°—2000'; 090°-270°—2100'; 270°-360°—2200'. City, Greenwood; State, S.C.; Airport name, Greenwood County; Elev., 631'; Fac. Class., L -B V O R ; Ident., G R D ; Procedure No. TerVOR-27, Arndt. 3; Effr date, 2 July 66, Sup. Arndt. No. 2; Dated, 1 May 65

L A S V O R .. 6000 T-dn% ______300-1 300-1 Gypsum Int. Direct______6500 C -d n .!...... 500-1 500-1 500-11$ Mead Int___ 6500 S-dn-25*—...... 400-1 400-1 400-1 800-2 Fort Int____ 5000 800-2 800-2 Hoover Int.. Direct ...... 4300 B L D V O R .. Hoover In t. _____ I______Direct______5000

Radar available. Procedure turn S side of crs, 079“ Outbnd, 259® Inbnd, 5900' within 10 miles of Pittman Int. Minimum altitude over Pittman Int on final approach crs, 4300'. Crs and distance, Pittman Int to airport, 259°—6 miles, V O R on airport. Breakoff point to runway, 1.1 miles—256°. . b If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6miles after passing Pittman Int, turn rigni, emu to 5000'via L A S V O R , R 066° to Kids Int. %Takeoff all runways—IF R departures must comply with published L A S S ID ’s, or as directed by A T C , *400-% authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. * M SA within 25 miles of facility: 030°-120°—6000'; 120°-210°—7300'; 210°-300°— 12,100'; 300°-0306—9700'. City, Las Vegas; State, N ev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H -B V O R T A C ; Ident., LA S ; Procedure No. VOR-25, Arndt. 1; Eff. date, 2 July 66, Sup. Arndt. No. Orig.; Dated, 3 July 65

FEDERAI REGISTER, V O L 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8363

T erminal VOR Standard I nstrument Approach Procedure— C o n t in u e d

Transition Ceiling and visibility minimums

2-engine or less Minimum More than From— T o— Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than 65 knots or less 65 knots

8000 T-dn % 300-1 300-1 200-h Sloan Int._ ____ 8000 H-dn 600-1 500-1 500-1)4 Sloan Int _ ___ _. 6100 800-2 800-2 800-2 3900

Radar available. Procedure turn E side of crs, 166° Outbnd, 346° Inbnd, 8000' within 10 miles of Sloan Int. Minimum altitude over Sloan Int on final approach crs, 6100': over Arden Int, 3900'. V O E o n airport. Crs and distance, Arden Int to V O R , 346°—4 miles. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing L A S V O R , turn right, climb to 8000' on R 066° to Kids Int. %Takeofl allrunways: IF R departures must comply with published L A S .SID ’s, or as directed by A T C . MSA within 25 miles of facility: 030°-120°—6000'; 120-210°—7300'; 210°-300°—12100'; 300°-030°—9700'. City, Las Vegas; State, Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H -B V O R T A C ; Ident., LA S ; Procedure No. V O R , R166°, Arndt. 4- Eff date 2 July 66; Sup. Arndt. No. 3; Dated 6 June 64

Hartsfield Int______M G R V O R 1800 T-fln 200-)4 C -dn ______500-1 600-1 500-1)4 S-tln-4# . 500-1 500-1 600-1 A -dn *. 800-2 800-2 800-2

Radar available. Procedure turn S side of crs, 229° Outbnd, 049° Inbnd, 1800' within 10 miles. Minimum -altitude «ver facility «n final approach -crs, 800'. Crs and distance, breakofl point to Runway, 038°— 0.5 mile. Î* visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of M G R V O R , climb to 1800' on R 049 M G R VOR within 10 miles, return to M G R V O R . Hold SW, 229° Outbnd, 049° Inbnd, 1-minute right turns. ’ N ote: Night operation authorized only on Runways 4-22 and from sunset to 2200. Advance notice required for operation of runway lights after 2200. Authorized only for air carriers. #Reduction below % mile not authorized. MSA within 25 miles of facility: 000°-270°— 1700'; 270°-360°—2600'. City, Moultrie; State, Ga.; Airport name, Sunset; Elev., 294'; Fac. Class., L -B V O R ; Ident., M G R ; Procedure No. TerVOR-4, Arndt. 2; Eff. date, 2 July 66: SUp. Arndt. No. 1: Dated, 2 Apr. 66

Hartsfield Int. M G R V O R ______Dirent, 2000 300-1 300-1 200-J4 C-dn 600-1 500-1 600-1)4 A -dn * _ _ 800-2 800-2 800-2

Radar available. Procedure turn S side of crs, 270° Outbnd, 090° Inbnd, 2000' within 10 miles Minimum altitude over facility on final approach crs, 800'. Crs and distance, breakofl point to end of runway, 098°—0.5 mile. R up01} descent to autlmrized landing minimums or if landing not accomplished within 0 mile of M G R V O R, turn right, climb to 1800' on k 180 of M G R VO R within 10 miles, return to M G R V O R . Hold E, 090° Outbnd, 270° Inbnd, 1-minute right turns. •Authorized not only for Air Carriers. N ote: Night operations authorized only on Runways 4-22 and from sunset to 2200. Advance notice required for operation of runway lights after 2200. MSA withm 25 miles of facility: 000°-270°— 1700'; 270°-360°—2600'. v * 6 ^ J3ity, Moultrie; State, Ga; Airport name, Suqset; Elev., 294'; Fac. Class., L -B V O R ; Ident., M G R ; Procedure No. Ter VOR-10, Arndt. 3; Eff. date, 2 July 66; Sup. Arndt. N o 2: Dated, 27 June 64 r ’

Hartsfield Int. M G R V O R ...... 1800 C -dn______700-1 700-1 700-1H S-dn-22#_ ___ 700-1 700-1 700-1 A -d n *___ . 800-2 800-2 800-2

mouiu a v ana Die. v'£<^ ure W side of crs. 030° Outbnd, 210° Inbnd, 1800' within 10 miles. r 5 mHDJ.a *l u^e over facility on final approach crs, 1000'. ^rs and distance, breakofl point to runway, 218°—0.6 mile. VOR, t o kit, dmb 1 .1 * on R IW •Authorized o ^ y t o r ^ ^ ^ orized only on Runways *~22 and from sunset to 2200. Advance notice required for operation of runway lights after 2200. in du ction not authorized. m s a within 26 miles of facility: 000°-270°— 1700'; 270°-360°—2600'. City, Moultrie; State, Ga.; Airport name, Sunset; Elev., 294'; Fac. Class., L -B V O R ; Ident., M G R ; Procedure No. Ter VOR-22, Arndt. 1; Eff. date, 2 July 66; Sup Arndt. N o. Orig.; Dated, 27 June 64

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8364 RULES AND REGULATIONS 4. By amending the following very high frequency omnirange— distance measuring equipment (VOR/DME) procedures prescribed in § 97.15 to read: V O R / D M E Standard I nstrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M S L . Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engim or less Minimum More than Course and 2-engine, From— T o - altitude. Condition distance (feet) 65 knots More than more than or less 65 knots 65 knots

10-mile D M E Fix, R 017®______5-mile D M E Fix, R 017“ (final)...... Direct______1600 T -d n ...... 300-1 300-1 200-h C -dn...... - 400-1 500-1 500-1)4 S-dn-21*...... 400-1 400-1 400-1 A -d n ______800-2 800-2 800-2

Radar available. Radar Fix may be used in lieu of D M E Fix. Procedure turn W side of crs, 017° Outbnd, 197° Inbnd, 1800' within 10 miles. Minimum altitude over 5-mile Fix on final approach crs, 1600'. Crs and distance, breakoff point to approach end Runway 21, 216°—0.7 mile. 1 If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of H O U V O R , climb to 2500' on R 218 within 20 miles. C a u t io n : 1549' tower, approximately 13 miles SW of H O U V O R ; 1235' tower, approximately 11 miles 8SE of H O U V O R . *400-Ji authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. M SA within 25 miles of facility: 000°-090°— 1600'; 090°-180°—2300'; 180°-270°—2600'; 270°-360“—1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H -B V O R T A C ; Ident., H O U ; Procedure No. VO R /D M E No. 2, Arndt. 9; Efl. date, 2 July 66; Sup. Arndt. No. 8; Dated, 4 June 66

P-mil« t i m e Fix, R 231° (final) Direct______1600 T -d n ...... 300-1 300-1 20044 C -dn...... 400-1 500-1 600-1)4 S-dn-3**...... - 400-1 400-1 400-1 A -d n ______800-2 800-2 800-2

Radar available. Radar Fix may be used in lieu of D M E Fix. Procedure turn S side of crs, 231° Outbnd, 051° Inbnd, 2500' within 10 miles. Minimum altitude over 5-mile D M E Fix on final approach crs, 1600'. Crs and distance, breakoff point to approach end Runway 3, 036°—0.8 mile. .... I f visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of H O U V O R , climb to 1600' on R 036 witmn

C a u t io n : 1549' tower, approximately 13 miles SW of H O U V O R . i235'tower, approximately 11 miles SSE of H O U V O R . - - _ . „ . »Descent below 2000' not authorized until aircraft is Inbnd on final approach within 10 miles and descent below 1600' not authorized until passing 5-ifnle D M E Fix on flnai. * » 4 0 0 authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. 40044 authorized, except for 4-engine turbojet aircraft, with operative A L S . , M SA within 25 miles of facility: 000°-090°— 1600'; 090°-180°— 2300'; 180°-270°— 2600'; 270°-360°— 1800'. City, Houston; State, Tex.; Airport name, William P. Hobby; Elev., 48'; Fac. Class., H -B V O R T A C ; Ident., H O U ; Procedure No. VOR/DM E-3, Arndt. 7; Efl. date, 2 July 66; Sup. Arndt. No. 6; Dated, 4 June 66

2064$ 18.3 mile-DME Fix, LA S, R 166° R 4-milft D M E Fix, T,AS, R 166° 6100 T -d n % ______300-1 300-1 8.4-mile D M E Fix, LA S , R 166°. 4-mile D M E Fix, LA S, R Î66° (fjnal)'.. 3900 C -d n ____ - 600-1 500-1 m-m A -d n ...... 800-2 800-2 800-2

Radar available. A/MnUrmTrf altttude over S m i l e D M E Fix, LA S, R 166“, 9000'; over 8.4-mile D M E Fix, LA S, R 166°, 6100'; over 4-mile D M E Fix, LA S , R 166“, 3900'. V O R on airport. If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile after passing L A S V O R , turn rignt, cumu w

60°° N ote^ Whenauthorized by A T C ^ D M E may be used from 15 to 19 miles at 8000' altitude from LA S , R 211° counterclockwise to LA S, R 166“ and from 15 to 19 miles at 7000' altitude from LA S, R 030“ clockwise to LA S , R 166° to position aircraft for a straight-in approach. %Takeofl all runways: IF R departures must comply with published L A S S ID ’s, or as directed by A T C . M SA within 25 miles of facility: 030°-120°—6000'; 120°-210°—7300'; 210°-300°— 12,100'; 300°-030°—9700'. City, Las Vegas; State, Nev.; Airport name, McCarran Airport; Elev./2171'; Fac' Class., H -B V O R T A C ; Ident., LA S ; Procedure No. V O R /D M E No. 1, Arndt. 5; Efl. date, 2 July 66; Sup. Arndt. No. 4; Dated, 6 June 64 N

PROCEDURE CANCELED, EFFECTIVE 2 JULY 1966. City, Las Vegas; State, Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H -B V O R T A C ; Ident., LA S ; Procedure No. VO R /D M E No. 3, Arndt. Orig., E date, 3 Oct. 64

20044, L A 8 V O R _ ...... 6000 T -d n % ...... 300-1 300-1 500-1 600-1 500-lJi 30-mile D M E Fix, R 079°— 6500 C -dn...... 400-1 22-mile D M E Fix, R 079» 6500 S-dn-25*...... 400-1 400-1 Mead In t.______800-2 800-2 22-mile D M E Fix, R 079°„ 13 fi-mile O M E Fix, R 079® 5000 A -d n ______, 800-2 13.6-mile D M E Fix, R 079° 7 fi-mile r»M E Fix, R 079® (final) 4300 B L D V O R ...... - ...... 13.6miiie D M E Fix, R 079“! ___ 1...... Direct.______5000

Radar available. M^n^rmrm amtude^ver 22-mile D M E Fix, L A S , R 079“, 6500^ over 13.6-mile D M E Fix, LA S, R 079“, 5000'; over 7.6-mile D M E Fix, LA S, R OTO“, 4300'. Facility on airport. Breakoff point to runway, 1.1 miles—256“. to 5000' via If visual contact not established upon descent to authorized landing minimums or if landing not accomplished at 1.6-mile D M E Fix, R 079 , turn rignt, cumu w

L A£N otet’ When5 authnrizedby A T C , D M E may be used at 15 miles at 8000' altitude from LA S, R 030“ clockwise to LA S , R 211° to position aircraft for a straight-in appro80 • %Takeoff all runways—IF R departures must comply with published L A S S ID ’s, or as directed by A T C . * 4 0 0 - authorized, except forJ^ngine turbojet aircraft with operative high-intensity runway lights. M S A within 25 miles of facility: 030°-120°—6000'; 120°-210°—7300'; 210°-300°— 12,100,300°-030°—9700 . A date City, Las Vegas; State, Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., H -B V O R T A C ; Ident., LA S ; Procedure No. V O R /D M E No. 4, Arndt. 1, 2 July 66; Sup. Arndt. No. Orig.; Dated, 3 July 65

PROCEDURE CANCELED, EFFECTIVE 2 JULY 1966. M; City, Yakutat; State, Alaska; Airport name, Yakutat; Elev., 37'; Fac. Class., B V O R T A C ; Ident., Y A K ; Procedure No. V O R /D M E No. 2, Arndt. 2; Eff. date, 28 Sup. Arndt. No. 1; Dated, 28 Aug. 65

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8365

5. By amending the following instrument landing system procedures prescribed in § 97.17 to read: IL S S t a n d a r d in s t r u m e n t A p p r o a c h P r o c e d u r e Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M S L . Ceilings are in feet above airport elevation. Distances are In nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. M inimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and altitude Condition 2-engine, From— To— distance (feet) 65 knots More than more than or less 65 knots 65 knots

A O M R B n ...... — Direct...... 3400 T-dn%._...... 300-1 300-1 200-13 A O M R B n ...... _...... - ...... - Direct______3400 C -d ...... 600-1 500-1 500-1)3 A O M R B n ...... , ...... Direct______3600 C -n ...... 600-1)3 500-1)3 500-2 S-dn-3#...... 400-1 400-1 400-1 A -d n ...... 800-2 800-2 800-2

Procedure turn E side of crs, 207° Outbnd, 027° Inbnd, 3400' within 10 miles of A O M RBn. M in im u m altitude over A O M R B n on final approach crs, 2300'; over OM, 1334'. .. Crs and distance, A O M R B n to airport, 027°—7.9 miles; OM to airport, 027°—3.9 miles.

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 6.9 miles after passing A O M R Bn, or 2.9 miles after passing the OM, make immediate left-climbing turn to 3400' direct to A O M RBn. H old SW, 027° Inbnd, 1-minute right turns. C a u t i o n : 1164' obstruction, 2.5 miles N E of Runway 21. %Runway 3 takeoffs: Make immediate left-climbing turn direct to A O M R Bn, climb to 3400' in 1-minute right turns, N E shuttle, 207° bearing Inbnd, then proceed as cleared. ' - ' ' "" % Runway 21 takeoffs: Climb direct to A O M R Bn, climb to 3400' in 1-minute right turn, N E shuttle, 207° bearing Inbnd, then proceed as cleared. ¿Reduction in visibility base on lighting aids not authorized. City, Charlottesville; State, Va.; Airport name, Charlottesville-Albemarle; Elev., 634'; Fac. Class., IL S ; Ident., I-C H O ; Procedure No. ILS-3, Arndt. 4; Eff. date, 2 July 66; Sup. Arndt. No. 3; Dated, 19 Mar. 66

Willow D M E Fix. Direct — 12000 T -d n % @ ...... 300-1 300-4 200-)3 Mack Int.____ ... 8000 C-dn#...... 600-1)3 600-2 600-2 Loma Inti...... _ GJT RBn (final). 8000 S-dn-U*...... 300-1 300-1 300-1 Sharp Int______G JT R B n 1 Direct. 8000 A -d n ______800-2 800-2 800-2 GJT V O R ...... O.TT RBn Direct______8100 Salt Creek Int___ G JT R B n . Direct______8000

Procedure turn S side of crs, 290° Outbnd, 110° Inbnd, 8000' within 10 miles of GJT R Bn. ' Minimum altitude over GJT R B n on final approach crs, 7700'. Crs and distance, GJT R B n to airport, 110°—9.4 miles. Minimum altitude at glide slope interception Inbnd, 7678'. Minimum altitude and distance to approach end of runway at OM, 5924'—3.6 miles; at MM, 5058'—0.6 mile. _ .... If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0.6 mile of MM, make a right-climbing turn, climb to 8000' on N W crs of IL S within 10 miles N W of G JT RBn. N o t e s : (l) N o approach lights. (2) R E IL Runways 11 and 29. N o t e : Final approach from holding pattern not authorized. Procedure turn required. *600-1 required without glide slope, 400-1 authorized if OM received, 300-J3 authorized, except for 4-engine turbojet aircraft with operative high-intensity runway lights. #A11 maneuvering to S of airport: high terrain N . % IFR departures must comply with terrain/obstruction avoidance restrictions included in Grand Junction SID's. @1000-3 required for Runway 4. City, Grand Junction; State, Colo.; Airport name, Walker Field; Elev., 4857'; Fac. Class., ILS ; Ident., I-G J T ; Procedure No. ILS-11, Arndt. 19; Efi. date, 2 July 66; Sup. Arndt. No. 18; Dated, 2 Apr. 66

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 No. 115------5 8366 RULES AND REGULATIONS

6. By amending the following radar procedures prescribed in § 97.19 to read:

R ad a r St and ar d I n st ru m e nt A pproach P rocedure

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, M SL. Ceilings are in feet above airport elevation. Distances are in nautical

mi'eifT r ^ a r °i^ t r u iM ^

T r a n s itio n Ceiling and visibility minimums

2-engine or less M o re than M in im u m Course and 2-en gin e, F ro m — T o — a ltitu d e C o n d itio n m ore than d ista n ce 65 k n o ts M o re th a n (fe e t) 65 knots o r less 65 k n ots 1 W ith in : M i l e » S ui veillance ap »ro ac h 300-1 350° ...... — 30...... 2600 T - d n ______300-1 200-H 030° ______30...... 2400 C - d n * ______400-1 500-1 500-114 700-1 70O-lj| 2Ï5®...... — ...... 3 0 ...... 2500 C -d n * * . . . _____ 700-1 30...... 2400 S -d n # *______400-1 400-1 400-1 250®______700-1 700-1 360® ...... 10...... 2000 S -d n * * ______700-1 800-2 800-2 800-2

and including the area 4 m iW e and 7 miles W of Runway 18-36 centerline extended 16 miles to the N ; and the area 4 miles W and 7 miles E of Runways 18-36 cento- line extended 16 miles to the 8, minimum altitude 2000'.

1120'- If visual oontac^not established upon descent to authorized’ landing minimums or if landingnot accomplish«^, Runways 4 and 36: Baltimore Int.t. Hold N 1-minute rightturns 186° Inbnd. Runways 9,18, 22, and 27: Climb to 2000' and proceed 8 to Union Int. Hold S, 1-minute right turns, 360 inDna. ‘ Runways 4, 9,18, 36. #4M^MauUiorizSl for Runways 18 and 36, except for 4-englne turbojet aircraft, with operative high-intensity runway lights. #400-)^ authorized for Runways 18 and 36, except for 4-engine turbojet aircraft, with operative A L S . City Covington: State, Ky.; Airport name, Greater Cincinnati; Elev., 890'; Fac. Class., and Ident., Cincinnati Radar; Procedure No. 1, Arndt. 6; Eft. date, 2 July 66; Sup. " ° ' Arndt. No. 5; Dated, 27 Mar. 65 1 1 u Surveillance approach T -d n ______30(1-1 300-1 200-H C -dn...... 500-1 600-1 m-iyi S -d n -R w y 25*. . 400-1 400-1 400-1 S -d n-R w y 19#.. 600-1 500-1 500-1 A -d n ______800-2 800-2 800-2

If visual contact not established upon descent to authorized landing minimums or if landing not accomplished, Runways 19,25: Turn left, climb via LA S, R 066° to 5000'

^400-^/authorized, except for 4-engine turbojet aircraft, with operative high-intensity runway lights. # 5 0 0 - authorized, except for 4-engine turbojet aircraft, witl) operative high-intensity runway lights. City Las Vegas; State, Nev.; Airport name, McCarran Airport; Elev., 2171'; Fac. Class., and Ident., Las Vegas Radar; Procedure No. 1, Arndt. 1; Eft. date, 2 July 66; Sup . Amdt. No. Orig.; Dated, 2 Nov. 63 These procedures shall become effective on the dates specified therein.

(Secs. 307(c), 313 (a), and 601 of the Federal Aviation Act of 1958; 49 U .S.C. 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775)

Issued in Washington, D.C., on May 26,1966. - James P . R u d o l p h , Acting Director, Flight Standards Service.

[F.R. Doc. 66-6465; Filed, June 14,1966; 8:45 a.m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8367

amount of such contribution. If the Title 20— EMPLOYEES’ BENEFITS Percent State collects or causes to be collected Chapter III— Social Security Adminis­ employee’s contributions from any indi­ For the calendar years Old-age, vidual performing services in employ­ tration, Department of Health, Ed­ survivors, Hospital and insur­ Total ment as an employee in a coverage group ucation, and Welfare disability ance included in an agreement, a statement insurance [R eg s. N o . 4, f u r t h e r a m e n d e d ] (Internal Revenue Form W -2 ) furnished by a State or any political subdivision PART 404— FEDERAL OLD-AGE, SUR­ 1966...... 3.85 0.35 4.20 1967 and 1968...... _. 3.9 .50 4.40 thereof in accordance with the provi­ VIVORS, AND DISABILITY INSUR­ 1969 through 1972...:___ 4.4 .50 4.90 sions of section 1633 of the Internal 1973 through 197»...... 4.85 .55 6.40 Revenue Code of 1939 or section 6051 ANCE (1950-__*__) 1976 through 1979...... 4.85 .60 5.45 1980 through 1986______4.85 .70 5.55 of the Internal Revenue Code of 1954 to Miscellaneous Amendments 1987 and subsequent such employee shall constitute the state­ years______4.85 .80 5.65 Subpart M of Regulations No. 4 of the ment required for purposes of this sec­ Social S e c u rity Administration, as tion, if there is included in such state­ (c) Method of computation of con­ amended (20 CPR 404.1201 et seq.), are ment all of the information required by tributions. The contributions are com­ further amended as follows: this section. The statement shall be puted by applying to the wages actually 1. Section 404.1221 is amended to read furnished to the employee not later than or constructively paid to an employee as follows: January 31 of the year following the the rate in effect at the time such wages calendar year covered by the statement, § 404.1221 Rate and computation o f are actually or constructively paid. except that, if the employee leaves the contributions. Exam ple: In 1966, A receives wages of $250 employ of the State or of the political (a) Contributions for calander years from his employer for services which he per­ subdivision, so that he no longer per­ prior to 1966. (1) The rates of taxes formed in 1965. The applicable rate is that forms services in employment as an em­ imposed on employees by section 1400 of for the calendar year 1966 (the year in which ployee in a coverage group included in the Internal Revenue Code of 1939 for the wages were received) rather than the an agreement, the final statement shall the respective calendar years prior to rate for the calendar year 1965 (the year in be furnished on the day on which the which the services were performed). Thus, last payment of wages is made to the 1955, and by section 3101 of the Internal the applicable rate is 4.20 percent (3.85 per­ Revenue Code of 1954 for the respective cent for old-age, survivors, and disability employee. (See § 404.1250(b) relating calendar years 1955 through 1965, are insurance, and 0.35 percent for hospital to the performance of services in more as follows: insurance). than one coverage group.) 3. Section 404.1250(c) is amended to For the calendar years: Percent 2. Section 404.1230 is amended to read 1951 t h r o u g h 1953____'______1 % read as follows: as follows: 1954, 1955, a n d 1956______2 § 404.1250 Wage reports and contribu­ 1957 and 1958-______2 % § 404.1230 Statements for employees. tion returns in general. 1959 ______;______2 y2 * * * . * * 1960 and 1961— ______3 Every State shall furnish or cause to 1962 ------______3 ya be furnished tcreach individual perform­ (c) Contribution returns. The State 1963 through 1965— ______; 3 % ing services in employment as an em­ shall prepare a contribution return (2) The rates of taxes imposed on em­ ployee in a coverage group included in (Form O A R -S I) in duplicate, and at­ ployers by section 1410 of the Internal an agreement, a written statement or tach the original of the return to the Revenue Code of 1939 for the respective statements, in a form suitable for reten­ recapitulation report (Form O A R -S 2 ), calendar years prior to 1955, and by sec­ tion by the employee, showing with re­ which is filed with the Department of tion 3111 of the Internal Revenue Code of spect to wages paid to the employee for Health, Education, and Welfare. At the 1954 for the respective calendar years such services on or after the effective same time the State shall file in quadru­ 1955 through 1965, are as follows: date of the agreement: (a) The name, plicate a certificate of deposit (Form For the calendar years: Percent business address, and identification OAR-S11) with the Federal Reserve 1951 through 1953____ — - iy2 number of the State or political sub­ bank, or any branch thereof, serving the 1954, 1955, a n d 1956. ___ 2 division, as the case may be, in the em­ district in which the State is located, 1957 and 1958______-----2% ploy of which such service was per­ together with payment of the amount 1959 ______---- 2 % formed; (b) the name, address, and of contributions due and payable. 1960 an d 1961______3 1 9 6 9 ______account number of the employee; (c) Checks for such payment shall be made ------3 Va payable to the Treasurer of the United 1963 through 1965— , ------3 % the period covered by the statement; (d) the total amount of wages subject States. It is not necessary that any of (b) Contributions for calendar years to contributions under section 218 of the copies of Form OAR-S11 be signed after 1965. (1) The rates of taxes im­ the Social Security Act, as amended, by the depositing officer of the State. posed on employees by section 3101 of paid during such period; and (e) if the For the purposes of reports and returns the Internal Revenue Code of 1954 for State collects or causes to be collected under the Act, the quarters shall each the respective calendar years are as be 3 calendar months as follows: follows: contributions from individuals perform­ ing services in employment as employees (1) January 1 to March 31, both dates in coverage groups included in the inclusive; Percent agreement, the amount of the employees’ (2) From April 1 to June 30, both contributions with respect to such wages dates inclusive; J?or the calendar years Old-age, not in excess of the amount of the tax (3) From July 1 to September 30, both survivors, Hospital and insur­ Total which would be imposed by the Federal dates inclusive; and disability ance Insurance Contributions Act if the serv­ (4) From October 1 to December 31, insurance ices performed by such employees con­ both dates inclusive. 1966...... stituted employment as defined in such 4. Section 404.1250a is amended to 3.85 0.35 4.20 Act, and, with respect to calendar years jjjfÜ andÏ968."I 3.9 .50 4.40 read as follows: low îi?rougb 1972.... 4.4 .50 4.90 after 1965, the proportion of the total w îk though 1975.... 4.85 .55 5.40 amount of such contributions which is § 404.1250a Wage reports and contribu­ îofinîu '°ugh 1979.... 4.85 .60 5.45 W through 1986... tion returns for employees perform­ 80 4.85 .70 5.55 for financing the cost of hospital insur­ ™ an<1 subsequent ing services in more than one cover­ years.. ance benefits under part A of title X V III 4.85 .80 5.65 of the Act. (See § 404.1221(b) for rates age group. for calendar years after 1965.) If an (a) Employee of State in more than ninvii. ra^es °f taxes imposed on e: adjustment of employees’ contributions one coverage group. Where an individ­ £ 2 2 * secti9n 3111 of the Inten is made in accordance with § 404.1266, ual performs services in employment as calenrfUe Code 1954 for respect: the amount set forth in paragraph (e) an employee of the State in more than calendar years are as follows: of this section shall be the adjusted one coverage group included in an agree-

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8368 RULES AND REGULATIONS ment, the aggregate wages paid to such paid to such employee by each such po­ by the agreement to compute the contri­ employee by the State, not in excess of litical subdivision, not in excess of $3,600 butions in accordance with section 218 $3,600 paid in any calendar year prior paid in any calendar year prior to 1955, (e) (2) of the Act. to 1955, not in excess of $4,200 paid in not in excess of $4,200 paid in any calen­ 5. Section 404.1250b is amended to any calendar year after 1954 and prior dar year after 1954 and prior to 1959, not read as follows: to 1959, not in excess of $4,800 paid in in excess of $4,800 paid in any calendar any calendar year after 1958 and prior year after 1958 and prior to 1966, and § 404.1250b Filing of single wage re­ to 1966, and not in excess of $6,600 paid not in excess of $6,600 paid in any calen­ port where individual is jointly em­ in any calendar year after 1965 by the dar year after 1965 by each political ployed by more than one employer. State, shall be reported in the report subdivision, shall be reported by each Where the State and any of its political filed for only one such coverage group, such political subdivision in accordance subdivisions or any two or more political in such manner as may be specified in with paragraph (b) of this section. subdivisions jointly employ any individ­ the agreement. (e) Employees perforating services foruals to perform services in employment, (b) Employee of political subdivision more than one employer; section 218(e) the aggregate wages paid to such individ­ in more than one coverage group. (2) of the Act applicable— (1) Employee uals by the State and any of its political Where an individual performs services of State and one or more political sub­ subdivisions, or by any two or more po­ in employment as an employee of a divisions. Where an agreement provides litical subdivisions, as the case may be, political subdivision of the State in more for the computation of contributions for may, upon request by the State and with than one coverage group included in an any calendar year in accordance with the approval of such request by the Sec­ agreement, the aggregate wages paid to section 218(e) (2) of the Act with respect retary, be reported by an agent duly ap­ such employee by the political subdivi­ to an individual who performs services in pointed to file such reports if: sion, not in excess of $3,600 paid in any employment as an employee of the State (a) There is included in the agree­ calendar year prior to 1955, not in excess in one or more coverage groups included ment each of the coverage groups of em­ of $4,200 paid in any calendar year after in an agreement and as an employee of ployees of the State and its political 1954 and prior to 1959, not in excess of one or more political subdivisions of such subdivisions, or of two or more political $4,800 paid in any calendar year after State in one or more coverage groups in­ subdivisions, as the case may be, of which 1958 and prior to 1966, and not in excess cluded in an agreement, the aggregate such individuals are members; of $6,600 paid in any calendar year after wages paid to such employee by the State (b) There is uniformity with respect 1965 by the political subdivision, shall and the political subdivisions, not in ex­ to such coverage groups in the effective be reported in the report filed for only cess of $4,200 paid in any such calendar dates of coverage, in the services one such coverage group, in such manner year after 1956 and prior to 1959, not in covered, and in the services excluded as may be specified in the agreement. excess of $4,800 paid in any such calen­ from coverage; (c) Employee of State and of one or dar year after 1958 and prior to 1966, and (c) There is filed by such agent one more political subdivisions-. Where an not in excess of $6,600 paid in any calen­ wage report for each calendar quarter individual performs services in employ­ dar year after 1965, shall be reported. on Form OAR-S3, which includes the ment as an employee of the State in one The wages shall be reported by the State aggregate of the wages paid to such in­ or more coverage groups included in an and each such political subdivision in ac­ dividuals as employees of the State and agreement and as an employee of one cordance with § 404.1255 for the calendar as employees of any of its political sub­ or more political subdivisions of a State quarter in which paid until the maximum divisions, or as employees of any two or in one or more coverage groups included amount for each such calendar year has more political subdivisions, as the case in an agreement and the State agreement been reached. In determining when the may be. In computing the aggregate does not provide for the computation of maximum amount has been reached for wages to be reported, there shall be in­ contributions pursuant to section 218 any such calendar year, the State shall cluded in the wage report the wages (not (e) (2) of the Act, the aggregate wages consider only the wages with respect to in excess of $4,200 paid in any calendar paid to such employee by the State, not which it has been authorized by the year subsequent to 1954 and prior to in excess of $3,600 paid in any calendar agreement to compute the contributions 1959, not in excess of $4,800 paid in any year prior to 1955, not in excess of $4,200 in accordance with section 218(e) (2) of calendar year after 1958 and prior to paid in any calendar year after 1954 and the Act. 1966, and not in excess of $6,600 paid prior to 1959, not in excess of $4,800 paid (2) Employee of more than one politi­ in any calendar year after 1965) paid in any calendar year after 1958 and prior cal subdivision. Where an agreement or caused to be paid by the State and to 1966, and not in excess of $6,600 paid provides for the computation of contri­ the wages (not in excess of $4,200 paid in any calendar year after 1965, shall be butions for any calendar year in accord­ in any calendar year subsequent to 1954 reported by the State in accordance with ance with section 218(e)(2) of the Act and prior to 1959, not in excess of $4,800 paragraph (a) of this section, and the with respect to an individual who per­ paid in any calendar year after 1958 and aggregate wages paid to such employee forms services in employment as an em­ prior to 1966, and not in excess of $6,600 by each political subdivision of the ployee of one political subdivision of the paid in any calendar year after 1965) State, not in excess of $3,600 paid in State in one or more coverage groups in­ paid or caused to be paid by each politi­ any calendar year prior to 1955, not in cluded in an agreement and as an em­ cal subdivision of the State, or, if the excess of $4,200 paid in any calendar ployee of one or more other political sub­ individual is not employed by the State, year after 1954 and prior to 1959, not in divisions of the State in one or more cov­ the wages (not in excess of $4,200 paid excess of $4,800 paid in any calendar year erage groups included in aji agreement, in any calendar year subsequent to 1954 after 1958 and prior to 1966, and not in the aggregate wages paid to such em­ and prior to 1959, not in excess of $4,800 excess of $6,600 paid in any calendar year ployee by such political subdivisions, not paid in any calendar year after 1958 and after 1965 by each political subdivision, in excess of $4,200 paid in any such cal­ prior to 1966, and not in excess of $6,600 shall be reported by each political sub­ endar year after 1956 and prior to 1959, paid in any calendar year after 1965) division, in accordance with paragraph not in excess of $4,800 paid in any such paid or caused to be paid by each (b) of this section. calendar year after 1958 and prior to political subdivision of the State by (d) Employee of more than one politi­ 1966, and not in excess of $6,600 paid in which such individual is employed. (For cal subdivision. Where an individual any calendar year after 1965, shall be re­ provisions relating to the furnishing of performs services in employment as an ported. The wages shall be reported by wage statements to employees see employee of one political subdivision in each such political subdivision in accord­ § 404.1230.) one or more coverage groups included in ance with § 404.1255 for the calendar (d) There is included on the wage an agreement and as an employee of one quarter in which paid until the maxi­ report (Form OAR-S3) the name and or more other political subdivisions in mum amount for each such calendar year identification number of the State and one or more coverage groups included in has been reached. In determining when of each political subdivision of the State an agreement and the State agreement the maximum amount has been reached by which the individual is employed, or, does not provide for the computation of for any such calendar year, the State if the individual is not employed by the contributions pursuant to section 218 shall consider only the wages with re­ State, the name and identification num­ (e) (2) of the Act, the aggregate wages spect to which it has been authorized ber of each such political subdivision,

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS • 8369 and the name and address and the ordered, That the effective date of § 8.275 After evaluating the data in these peti­ identification number of the agent by and § 8.4175 be stayed pending a decision tions and upon consideration of the which the wage reports are filed. in this matter. pharmacology of inorganic bromides, the 6. Section 404.1266 is amended by Until further notice, FD&C Yellow No. Commissioner of Food and Drugs has adding paragraph (c) thereto to read 5 will continue to be provisionally listed concluded (1) that the pesticide toler­ as follows: in § 8.501(a). ances for grains in § 120.123 should not (Sec. 706 (b ), (c) (1), (d ), 74 Stat. 399, 402; be increased but should be maintained § 404.1266 Adjustment o f e m p lo y e e 21 U.S.C. 376 (b), (c)(1 ), (d )) at the established level of 50 parts per contributions. million; (2) that the food additive regu­ Dated: June7,1966. lations should be amended to establish (c) Credit or refund of self-employ­ J . K . K i r k , the additional safe tolerances for resi­ ment tax. An individual who properly Assistant Commissioner dues of inorganic bromides^ petitioned reported self-employment income may, for Operations. for, except that the tolerance requested because of retroactive coverage under a for 325 parts per million on milled frac­ [F .R . D oc. 66-6582; P ile d , J u n e 14, 1966; tions of specified grains should be denied State agreement of his services as an 8:49 a .m .] employee, pay in excess of the taxes due and a tolerance of 125 parts per million for a year or years. If he wishes to should be granted instead; and (3) that claim a refund of such overpayment on SUBCHAPTER B— FOOD AND FOOD PRODUCTS these actions will protect the public his self-employment income, he may do health. so by complying with the provisions of PART 121— FOOD ADDITIVES Therefore, pursuant to the provisions section 6511(d) (5) of the Internal Rev­ of the Federal Food, Drug, and Cosmetic enue Code of 1954, and the regulations Subpart C— Food Additives Permitted Act (sec. 409(c)(1), 72 Stat. 1786; 21 issued pursuant thereto. in Feed and Drinking Wafer of An­ U.S.C. 348(c) (1 )) and under the author­ (Secs. 205, 218, 1102, 53 S ta t. 1368, as imals or for the Treatment of Food- ity delegated to the Commissioner by amended; 64 Stat. 514, as amended, 49 Stat. Producing Animals the Secretary of Health, Education, and 647, as amended; sec. 5, Reorg. Plan, No. 1 of Welfare (21 CFR 2.120; 31 F.R. 3008), 1953, 67 S tat. 18, 631; 42 U .S .S . 405, 418, 1302) Subpart D— Food Additives Permitted Part 121 is amended in the following 7. Effective date. The foregoing in Food for Human Consumption respects: amendments shall become effective on 1. Section 121.270 is revised to read as I n o r g a n i c B r o m i d e s ; D e n i a l o f I n c r e a s e follows: the date of publication in the F e d e r a l o f P e s t i c i d e T o l e r a n c e s ; E s t a b l i s h ­ R e g is t e r . § 121.270 Inorganic bromides. m e n t o f F o o d A d d i t i v e T o l e r a n c e s Dated: May 25, 1966. Tolerances are established for residues A petition (PP 4F0345) was filed with of inorganic bromides (calculated as B r) [ s e a l ] R o b e r t M . B a l l , the Food and Drug Administration by the Commissioner of Social Security. as follows: Dow Chemical Co., Post Office Box 512, Approved: June 7, 1966. Midland, Mich., 48640, on behalf of them­ 400 parts per million for residues in or W i l b u r J . C o h e n , selves; Great Lakes Chemical Corp., New on dog food, resulting from fumigation Acting Secretary of Health, York, N.Y., 10036; Frontier Chemical Co., with methyl bromide. Education, and Welfare. Newark, N.J., 07105; and Michigan 125 parts per million for residues in or [F.R. Doc. 66-6591; P ile d , J u n e 14, 1966; Chemical Co., St. Louis, Mich., 48880, on milled fractions for animal feed 8 :5 0 a .m .] proposing an increase from 50 parts per from barley, corn, grain sorghum million to 125 parts per million in the (m ilo), oats, rice, rye, and wheat, re­ established pesticide tolerances for resi­ sulting directly from fumigation with dues of inorganic bromides resulting. methyl bromide or from carryover and Title 21— FOOD AND DRUGS from methyl bromide fumigation of concentration of residues of inorganic barley, com, grain sorghum (m ilo), oats, bromides from fumigation of the Chapter I— Food and Drug Adminis­ rice, and rye. grains with methyl bromide or ethylene tration, Department of Health, Edu­ Also, a petition (FAP 5H1508) was dibromide. cation, and Welfare jointly filed by the same petitioners pro­ 90 parts per million for residues in or posing that food additive tolerances be on dehydrated citrus pulp for cattle SUBCHAPTER A— GENERAL established at 325 parts per million on feed, resulting from carryover and PART 8— COLOR ADDITIVES milled fractions of barley, com, grain* concentration of residues in this feed sorghum (milo), oats, rice, and rye; and item when present therein as a result Subpart C—-Listing of Color Additives at 125 parts per million on the milled of soil treatment with the nematocide for Food Use Subject to Certification fractions of wheat to cover carryover and l,2-dibromo-3-chloropropane in the concentration of inorganic bromide resi­ production of citrus fruits. Subpart E— Listing of Color Additives dues resulting from fumigation of the 2. Section 121.1020 is amended by re­ for Drug Use Subject to Cerification grains with methyl bromide. vising paragraphs (a ), (b ), and (w ) to F D & C Y e l l o w N o . 5 ; S t a y o f E f f e c t i v e A petition (FAP 1H0435) was also filed read as follows: by the Dow Chemical Co. proposing food D at e o f L i s t i n g f o r F o o d a n d D r u g § 121.1020 Inorganic bromides. additive tolerances for residues of inor­ U s e S u b j e c t t o C ertification ♦ * * * * ganic bromides resulting from fumiga­ In the matter of listing FD&C Yellow tion with methyl bromide in dog food (a) When the food additive is present at 400 parts per million, in parmesan as a result of fumigation of the processed (§8 4175 ^ ^ <§ 8,275 > and drUg Use cheese and roquefort cheese at 325 parts food with methyl bromide or from such WQ^e^ °.ns have been received that per million, and in other processed foods fumigation in addition to the authorized the further consideration to at 125 parts per million. use of methyl bromide, ethylene dibro­ r>nKi?uey above-identified matter The fumigant use of methyl bromide mide, or the nematocide 1,2-dibromo- ln F e d e r a l R e g i s t e r of may result initially in residues of this 3-chloropropane on the source raw agri­ ■TW?17 22> 1966 (31 F.R. 3008). chemical in the food. However, before cultural commodity, as provided for in thA w ^re’ Pursuant to the provisions of the food is marketed, these residues Part 120 of this chapter, the total resi­ Act 2 ? * ? Pood* t>rug, and Cosmetic rapidly convert from the highly toxic dues of inorganic bromides (calculated 399 moC,o7i°T6T(b )’ (c )(1 )* * 74 Stat. organic form of the pesticide to inorganic as B r) shall not exceed the following and inn 376 (b)* (c)(1>« <<*>>. bromide residues which have compara­ levels: Com m it authority delegated to the tively low toxicity but which in high 325 parts per million in or on parmesan s S S 01ie« 0f, Pood and Drues by the concentration in the diet are capable of cheese and roquefort cheese. fare Education, and W el- causing the physiological sedative effects 250 parts per million in or on concen­ re (21 CPR 2.120; 31 F.R. 3008) : It is typical of inorganic bromide drugs. trated tomato products and dried figs.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8370 RULES AND REGULATIONS

125 parts per million in or on processed with substantial uniformity in this re­ foods other than those listed in para­ Title 29— LABOR spect. However, the closing of a business graph (b) of this section. on one religious holiday creates no obli­ Chapter XIV— Equal Employment gation to permit time off from work on (b) When the food additive is present Opportunity Commission another. as the result of the use of a mixture of methyl bromide and ethylene dibromide PART 1605— GUIDELINES ON DIS­ (2) An employer, to the extent he as a fumigant, the residues of inorganic CRIMINATION BECAUSE OF RE­ can do so without serious inconvenience to the conduct of his business, should bromides (calculated as Br) shall not LIGION exceed the following levels: make a reasonable accommodation to the By virtue of its authority under sec­ needs of his employees and applicants 400 parts per million in or on dried eggs tion 713(b) of the Civil Rights Act of for employment in connection with and processed herbs and spices. 1964, 42 U.S.C. 2000e-12(b), the Equal special religious holiday observances. 200 parts per million in or on oat flour. Employment Opportunity Commission (3) The employer may prescribe the ***** hereby amends Chapter X IV of Title 29 normal work week and foreseeable over­ of the Code of Federal Regulations to time requirements, and, absent an intent (w ) Where tolerances are established ad d ' a new Part 1605, entitled “Guide­ on the part of the employer to discrimi­ under sections 408 and 409 of the act lines on Discrimination Because of nate on religious grounds, a job applicant on both the raw agricultural commodi­ Religiqp.” Because the provisions of or employee who accepted the job know­ ties and processed foods made therefrom, the Administrative Procedure Act (5 ing or having reason to believe that-such the total residues of inorganic bromides U.S.C. 1003) requiring notice of proposed requirements would conflict with his in or on the processed food shall not be rule making, opportunity for public par­ religious obligations is not entitled to de­ greater than those designated in para­ ticipation, and delay in effective date, mand any alteration in such require­ graphs (a) and (b) of this section, un­ are inapplicable to this interpretative ments to accommodate his religious less a higher level is established else­ rule it shall become effective immediately needs. where in Part 120 of this chapter or in and shall be applicable with respect to this Part 121. (4) Where an employee has previously bases presently before or hereafter filed been employed on a schedule which does 3. Section 121.1133(c) is revised towith the Commission. not conflict with his religious obligations, read as follows: The new Part 1605 reads as follows: and it becomes necessary to alter his work schedule, the employer should at­ § 121.1133 Fumigants for grain-mill § 1605.1 Observance o f Sabbath and re­ ligious holidays. tempt to achieve an accommodation so as machinery. to avoid a conflict. However, an em­ * * * * * (a) (1) Several complaints filed with ployer is not compelled to make such an the Commission have raised the question (c) Residues of inorganic bromides accommodation at the expense of serious whether it is discrimination on account (calculated as B r) in milled fractions inconvenience to the conduct of his busi­ of religion to discharge or to refuse to derived from cereal grain from all ness or disproportionate allocation of un­ hire a person whose religious observances fumigation sources including fumigation favorable work assignments to other em­ of grain-mill machinery, shall not ex­ require that he take time off during the ployees. employer’s regular workweek. These ceed 125 parts per million, except that complaints arise in a variety of contexts, Signed at Washington, D.C., this 9th residues in oat flour shall not exceed but typically involve employees who day of June 1966. 200 parts per million. regularly observe Saturdays as the L u th e r H olcomb, Any person who will be adversely af­ Sabbath or who observe certain special Acting Chairman. fected by the foregoing order may at any holidays during the year. time within 30 days from the date of its [F.R. Doc. 66-6541; Filed, June 14, 1966; (2) The Commission believes that the 8 :46 a .m .] publication in the F ederal R egister file duty not to discriminate on religious with the Hearing Clerk, Department of grounds includes an obligation on the Health, Education, and Welfare, Room part of the employer to accommodate to 5440, 330 Independence Avenue SW., the reasonable religious needs of em­ Washington, D.C., 20201, written objec­ ployees and, in some cases, prospective Title 32— NATIONAL DEFENSE tions thereto, preferably in quintupli- employees where such accommodation Chapter VII— Department of thé cate. Objections shall show wherein the can be made without serious inconven­ person filing will be adversely affected ience to the conduct of the business. Air Force by the order and specify with particu­ (3) However, the Commission believes SUBCHAPTER W— AIR FORCE PROCUREMENT larity the provisions of the order deemed that an employer is free under Title V H INSTRUCTION objectionable and the grounds for the to establish a normal workweek (includ­ objections. If a hearing is requested, ing paid holidays) generally applicable MISCELLANEOUS AMENDMENTS TO the objections must state the issues for to all employees, notwithstanding that SUBCHAPTER the hearing. A hearing will be granted this schedule may not operate with uni­ Subchapter W is amended as follows: if the objections are supported by formity in its effect upon the religious grounds legally sufficient to justify the observances of his employees. For ex­ PART 1001— GENERAL PROVISIONS relief sought. Objections may be ac­ ample, an employer who is closed for Subpart C— General Policies companied by a memorandum or brief business on Sunday does not discrimi­ in support thereof. nate merely because he requires that all In § 1001.363, the introductory material his employees be available for work on is revised and new paragraphs (f) and Effective date. This order shall be­ Saturday. Likewise, an employer who (g) are added, as follows: come effective on the date of its publi­ closes his business on Christmas or Good § 1001.363 Responsibility o f procure­ cation in the F ederal R egister. Friday is not thereby obligated to give ment personnel to question procure­ time off with pay to Jewish employees for (Secs. 408(d), 409(c)(1), 68 Stat. 512*72 ments. Stat. 1786; 21 U.S.C. 346a(d), 348(c)(1)) Rosh Hashanah or Yom Kippur. (b) While the question of what ac­ All procurement personnel will use the Dated: June 7, 1966. commodation by the employer may rea­ knowledge gained by daily contact wit sonably be required must be decided on industry, commodities, markets, prices, J . K . K i r k , the peculiar facts of each case, the fol­ and normal process of doing busmess^ Assistant Commissioner lowing guidelines may prove helpful: support the overall AF mission. This m; for Operations. (1) An employer may permit absences eludes questioning any contemplât®“ [F.R. Doc. 66-6583; Filed, June 14, 1966; from work on religious holidays, with or procurement action that appears i " 8:49 a.m .] without pay, but must treat all religions consistent with this knowledge or wne

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 RULES AND REGULATIONS 8371 ever else in the judgment of the procur­ (ii) The person placing oral calls will Subpart X— Contract Vehicle ing personnel the Government could be establish a control record at the begin­ Maintenance better served by a change in the require­ ning of each month indicating the call ment. Procurement of items questioned number, name of individual for whom § 1004.2402 [Am ended] will not be made until the matter is re­ services are to be performed, date of In § 1004.2402(e) (1), the two symbols solved by the principal staff officer re­ placement of call, Special Order Number, “B PA ” are changed to read “BDO.” sponsible for the requiring activity and voucher number, date payment was Subpart Y, “Packing and Crating” is the director of procurement and produc­ made, amount and accumulated expendi­ deleted since this material now appears tion of the procuring activity. Question­ tures. In no event will the sequence in Subpart C of this part. ing may include: of call numbers be interrupted. The * * * * * accumulated expenditure will be brought forward to the control record for the (f) Where the approval level of the PART 1007— CONTRACT CLAUSES next month. At the end of each month requirement appears to be inconsistent the amount column should be totalled Subpart D— Clauses for Cost-Reim­ with the sensitivity of the requirement for reporting purposes. bursement Type Research and De­ from a standpoint of national interest. (g) Where negotiations have been pro­ (iii) Calls will be numbered according velopment Contracts longed, or where the description of the to § 1003.605-3 (c). § 1007.403—15 [Am ended] item or delivery schedules have been (iv) Prior to contacting the contrac­ T he h e a d in g of § 1007.403-15 is changed, such that the requirement may tor to place a call, the individual au­ amended to read: Quality program. no longer be valid. thorized to place calls will be furnished a copy of the Special Order indicating Subpart NN— Special Clauses the individual for whom services arejto PART 1003— PROCUREMENT BY be ordered and a form letter in duplicate § 1007.4014 [Deleted] NEGOTIATION indicating date and place of pickup, esti­ Section 1007.4014 is deleted. mated weight of household goods, special Subpart A— Use of Negotiation markings, destination, and any other in­ formation required incident to the serv­ PART 1013— GOVERNMENT § 1003.101-51 [Deleted] ices to be performed. On receipt of the PROPERTY above information, he will contact the Section 1003.101-51 is deleted. contractor, establish a firm pickup date, Subpart C— Special Tooling and issue a call number from control § 1013.350 [Deleted] records. This information will then be PART 1004— SPECIAL TYPES AND placed on a duplicate copy of the form Section 1013.350 is deleted. METHODS OF PROCUREMENT letter and returned to the transportation officer who will use this information PART 1014— INSPECTION AND Subpart C— Contracts for Prepara­ when preparing the Standard Form 1034. tion of Household Goods for Ship­ In addition, the transportation officer ACCEPTANCE ment, Government Storage and will keep the contracting officer informed Subpart A— Inspection Related Services of contractor performance on a daily basis to assure contractor compliance. §§ 1014.105; 1014.106 [Deleted] A new Subpart C is added, as follows: (v) Wherever possible, calls should be Sections 1014.105 and 1014.106 are Sec. placed in the month in which services deleted. 1004.302 P ro c e d u re. are to be performed. Services should be 1004.302—50 B D O p ro ced u re. scheduled no more than 48 hours in ad­ vance if call is placed during the last PART 1053— CONTRACTS; Authority : The provisions of this Sub- GENERAL Part C issued under sec. 8012, 70A Stat. 488, two days of a month. secs. 2301-2314, 70A S ta t. 127-133, 10 U .S .C . (c) Payment for services rendered Subpart D— Administrative 8012, 2301-2314. may be on a consolidated monthly basis Requirements or at more frequent intervals as deter­ § 1004.302 Procedure. mined by the contracting officer. Pay­ In § 1053.404-2, paragraph (i) is re­ § 1004.302—50 B D O procedure. ment vouchers should not reflect services vised to read as follows: performed in more than one month. § 1053.404—2 Definitions. The procedures established in this sec­ (d) The contractor’s invoices for serv­ * * * * * tion provide for placement of blanket ices will be directed to the transportation delivery orders (BDO ’s) against con­ officer who will place upon them a cer­ (i) AFCM D Test Site Office (.AFCMD tracts for Preparation of Household tificate of services rendered. The trans­ TlSO). An AFCMD Test Site Office is Goods for Shipment, Government Stor­ portation officer will then periodically a detachment of the Air Force Contract age, and Related Services and placement (normally at the end of each month) Management Division. The TSO is re­ oi calls against the BDO. prepare Standard Form 1034 setting sponsible for the administration of con­ (a) Blanket Delivery Orders for a forth each call number, individual for tracts being performed by contractors at in an estimated amount whom services were performed, special an AF test site as required by any Gov­ •nn be issued by a contracting officer in order number, the dollar amount, and ernment procurement or contract ad­ me base procurement office. citations of various funds set forth in ministration office. Calls against the BD O ’s may be the special orders with the total amount * * * - * * nfou by: (1) An individual located in chargeable to each and add necessary ^ ."^ P ro c u re m e n t office; (2) an in- (Sec. 8012, 70A Stat. 488, secs. 2301-2314, 70A special orders and vendors invoices and «maual designated in the BDO by title Stat. 127-133, 10 U.S.O. 8012, 2301-2314) forward them to the contracting officer. [APPI Rev. No. 65» April 20, 1966; AFPC No. offina 0u^side the base procurement 10, A p r il 28. 1966] ?r (3> a contracting officer located The contracting officer will then certify m the transportation office. Standard Form 1034 and forward the By order of the Secretary of the Air caiio —j^ d u a ls authorized to place entire package to accounting and finance Force. anfh’J en 111 receiPt of Special Orders for payment. L u c ia n M . F erguson, Colonel, UJS. Air Force, Chief, roS??“?8 movement of household (e) The transportation officer will be funrit £nd

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8372 Proposed Rule Making

designate an Auburn, Maine, 700-foot Aviation Agency, Federal Building, John FEDERAL AVIATION AGENCY floor transition area described as follows: F. Kennedy International Airport, Ja­ [ 14 CFR Part 71 1 “That airspace extending upward from maica, N.Y. 700 feet above the surface within a 5- The Federal Aviation Agency, having [Airspace Docket No. 66-EA-20] mile radius of the center, 44°02'55" N., completed a review of the airspace re­ TRANSITION AREAS 70°17'00" W., of Auburn-Lewiston Mu­ quirements for the terminal area of Cal­ nicipal Airport, Auburn, Maine; within verton, N.Y., proposes the airspace ac­ Proposed Designation and 2 miles each side of the 025° and 205° tion hereinafter set forth: Revocation bearings of the New Gloucester, Maine, 1. Amend § 71.171 of Part 71 of the R BN extending from thè 5-mile radius Federal Aviation Regulations so as to The Federal Aviation Agency Is con­ area to 8 miles southwest of the RBN; change the Calverton, N.Y., control zone sidering amending § 71.181 of Part 71 of and within 2 miles each side of the 049° description by deleting, “This control the Federal Aviation Regulations so as bearing of the New Gloucester RBN ex­ zone is effective 0800-2400 hours, local to designate a 700-foot floor transition tending from the RBN to 12 miles NE of time, Monday through Friday.” and area over Auburn-Lewiston Municipal the RBN.” insert in lieu thereof, “This control zone Airport, Auburn, Maine, and revoke the This amendment is proposed under is effective 0700-2330 hours, local time, Lewiston-Auburn, Maine, transition area section 307(a) of the Federal Aviation Monday through Saturday and 0800- (31 F.R. 2213). Act of 1958 (72 Stat. 749; 49 U.S:C. 1348). 1630 hours, local time, Sunday.” The Lewiston, Maine, radio beacon has Issued in Jamaica, N.Y., on June 1, This amendment is proposed under been relocated to a position 43°59T3" N., 1966. section 307(a) of the Federal Aviation 70°19'29" W. and been renamed the New W a y n e H endershot, Act of 1958 (72 Stat. 749; 49 U.S.C. Gloucester radio beacon. This reloca­ Deputy Director, Eastern Region. 1348). tion has required a revised instrument [F.R. Doc. 66-6550; Filed, June 14, 1966; Issued in Jamaica, N.Y., on June 1, approach procedure to Auburn-Lewiston 8:47 a.m.] 1966. Municipal Airport which in turn requires W a y n e H endershot, alterations to the present LeWiston- Deputy Director, Eastern Region. Aubum, Maine, 700-fobt floor transition [14 CFR ParT 71 ] area. However, this transition area will [F.R. D6c. 66-6551; Filed, June 14, 1966; 8 :4 7 a .m .] be renamed the Auburn, Maine, transi­ [A irs p a c e D o c k e t N o . 66—EA —22] tion area. CONTROL ZONE Interested persons may submit such 114 CFR Part 71 3 written data or views as they may desire. Proposed Alteration Communications should be submitted in The Federal Aviation Agency is con­ [Airspace Docket No. 66-EA-23] triplicate to the Director, Eastern Region, sidering amending § 71.171 of Part 71 of Attention: Chief, Air Traffic Division, the Federal Aviation Regulations so as CONTROL ZONE Federal Aviation Agency, Federal Build­ to alter the Calverton, N.Y., control zone Proposed Alteration ing, John F. Kennedy International Air­ (31 F.R. 2076). port, Jamaica, N.Y., 11430. All com­ The Peconic River , Airport control The Federal Aviation Agency is con­ munications received within 30 days tower’s hours of operation have been sidering amending § 71.171 of Part 71 of after publication in the F ederal R egister changed to 0700-2330 local time, Mon­ the Federal Aviation Regulations so as will be considered before action is taken day through Saturday and 0800-1630 to alter the Philadelphia, Pa., control on the proposed amendment. No hear­ local time on Sundays. The control zone (31 F.R. 2125). ing is contemplated at this time, but zone is altered to meet the revised tower With the establishment of a new in­ arrangements for informal conferences operation. strument approach procedure to Runway with Federal Aviation Agency officials Interested persons may submit such 27 at Philadelphia International Airport, may be made by contacting the Chief, written data or views as they may desire. additional airspace protection will be re­ Airspace Branch, Eastern Region. Communications should be submitted in quired for the procedure. Any data or views presented during triplicate to the Director, Eastern Region, Interested persons may submit such such conferences must also be submitted Attention: Chief, Air Traffic Division, written data or views as they may de­ in writing in accordance with this notice Federal Aviation Agency, Federal Build­ sire. Communications should be sub­ in order to become part of the record ing, John F. Kennedy International Air­ mitted in triplicate to the Director, for consideration. The proposal con­ port, Jamaica, N.Y., 11430. All com­ Eastern Region, Attention: Chief, Air tained in this notice may be changed in munications received within 30 days Traffic Division, Federal Aviation Agency, the light of comments received. after publication in the F ederal R egis­ Federal Building, John F. Kennedy In­ The official docket will be available for ter will be considered before action is ternational Airport, Jamaica, N.Y., 11430. examination by interested persons at the taken on the proposed amendment. No All communications received within 30 Office of the Regional Counsel, Federal hearing is contemplated at this time, but days after publication in the Federal Aviation Agency, Federal Building, arrangements for informal conferences R egister will be considered before action John F. Kennedy International Airport, with Federal Aviation Agency officials is taken on the proposed amendment. Jamaica, N.Y. may be made by contacting the Chief, No hearing is contemplated at this time, The Federal Aviation Agency, having Airspace Branch, Eastern Region. but arrangements for informal confer­ completed a review of the airspace re­ Any data or views presented during ences with Federal Aviation Agency quirements for the terminal area of such conferences must also be submitted officials may be made by contacting the Auburn-Lewiston, Maine, proposes the in writing in accordance with this notice Chief, Airspace Branch, Eastern Reg\01^ airspace actions hereinafter set forth: in order to become part of the record for Any data or views presented dunng 1. Amend § 71.181 of Part 71 of the consideration. The proposal contained such conferences must also be submitte Federal Aviation Regulations so as to in this notice may be changed in the in writing in accordance with this notic delete the Lewiston-Auburn, Maine, light of comments received. in order to become part of the record io transition area. The official docket will be available for consideration. The proposal containea 2. Amend § 71.181 of Part 71 of the examination by interested persons at the in this notice may be changed in the hgn Federal Aviation Regulations so as to Office of the Regional Counsel, Federal of comments received.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 PROPOSED RULE MAKING 8373

The official docket will be available for in this notice may be changed in the light munications received within 30 days examination by interested persons at the of comments received. after publication in the F ederal R egister Office of the Regional Counsel, Federal The official docket will be available for will be considered before action is taken Aviation Agency, Federal Building, John examination by interested persons at the on the proposed amendment. No hear­ F. Kennedy International Airport, Ja­ Office of the Regional Counsel, Federal ing is contemplated at this time, but ar­ maica, N.Y, Aviation Agency, Federal Building, John rangements for informal conferences The Federal Aviation Agency, having F. Kennedy International Airport, with Federal Aviation Agency officials completed a review of the airspace re­ Jamaica, N.Y. may be made by contacting the Chief, quirements for the terminal area of The Federal Aviation Agency, having Airspace Branch, Eastern Region. Philadelphia, Pa., proposes the airspace completed a review of the airspace re­ Any data or views presented during action hereinafter set forth: quirements for the terminal area of Cin­ such conferences must also be submitted 1. Amend § 71.171 of Part 71 of thecinnati, Ohio, proposes the airspace ac­ in writing in accordance with this no­ Federal Aviation Regulations so as to tions hereinafter set forth: tice in order to become part of the record revise the Philadelphia, Pa., control zone 1. Amend § 71.171 of Part 71 of the Fed­ for consideration. The proposal con­ by deleting the phrase, “to the OM ” and eral Aviation Regulations so as to delete tained in this notice may be changed in insert in lieu thereof, “to the OM ; and the description of the Cincinnati, Ohio, the light of comments received. within 2 miles each side of the Philadel­ control zone and insert in lieu thereof: The official docket will be available for phia ILS localizer E course extending “Within a 5-mile radius of the center, examination by interested persons at the from the 5-mile radius zone to 5 miles 39°06'14" N., 84°25'18" W., of Cincin­ Office of the Regional Counsel, Federal east of the localizer.” nati Municipal (Lunken Field) Airport, Aviation Agency, Federal Building, John This amendment is proposed undef Cincinnati, Ohio; and within 2 miles F. Kennedy International Airport, Ja­ section 307(a) of the Federal Aviation each side of the Cincinnati Municipal maica, N.Y. Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). localizer course extending from the 5- The Federal Aviation Agency, having Issued in Jamaica, N.Y., on June 1, mile radius zone to the Madeira, Ohio, completed a review of the airspace re­ 1966. RBN.”. quirements for the terminal area of W a y n e H endershot, 2. Amend § 71.181 of Part 71 of the South Boston, Va., proposes the airspace Deputy Director, Eastern Region. Federal Aviation Regulations so as to action hereinafter set forth: amend the description of the Cincinnati, 1. Amend § 71.181 of Part 71 of the [F R . Doc. 66-6552; F ile d . J u n e 14, 1966; Ohio, transition area by deleting the Federal Aviation Regulations so as to 8 :4 7 a .m .] phrase, “Within a 8-mile radius of the designate a South Boston, Va., 700-foot center 39°06'00" N., 84°25'15" W . of Cin­ floor transition area described as follows: cinnati Municipal Lunken Airport; and “Within a 5-mile radius of the center, [14 CFR Part 71 1 within 2 miles each side of the Cincinnati 36°42'35" N., 78°50'55" W „ of William [Airspace Docket No. 66-EA-28] R R northeast course extending from the M. Tuck Airport, South Boston, Va.; and 8-mile radius area to 8 miles northeast of within 2 miles each side of the South CONTROL ZONE AND TRANSITION the RR.”, and insert in lieu thereof, Boston, Va., VOR 076° radial extending AREA “Within an 8-mile radius of the center, from the 5-mile radius area to the VOR. 39°06'14" N., 84°25'18" W., of Cincin­ This transition area shall be in effect Proposed Alterations nati Municipal (Lunken Field) Airport, sunrise to sunset, daily”. Cincinnati, Ohio.”. The Federal Aviation Agency is con­ This amendment is proposed under This amendment is proposed under sidering amending §§ 71.171 and 71.181 section 307(a) of the Federal Aviation section 307(a) of the Federal Aviation of Part 71 of the Federal Aviation Regu­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). lations so as to alter the Cincinnati, Issued in Jamaica, N.Y., on June 1, Ohio, control zone (31 F.R. 2079) and Issued in Jamaica, N.Y., on June 1, 1966. transition area (31 F.R. 2171). 1966. W a y n e H endershot, A new ELS instrument approach pro­ W a y n e H endershot, , Deputy Director, Eastern Region. cedure for Cincinnati Municipal (Lun- Deputy Director, Eastern Region. [F .R . D o c 66-6554; F ile d , J u n e 14, 1966; ken Field) Airport, Cincinnati, Ohio, has [F .R . D o c. 66-6553; F ile d , J u n e 14, 1966; 8 :4 7 a .m .] been recently authorized. To provide 8 :4 7 a.m.J airspace protection for the new pro- cedure, it will be necessary to alter the [ 14 CFR Part 71 1 lasting control zone and transition area. [ 14 CFR Part 71 1 [A irs p a c e D o c k e t N o . 6 6 -E A -3 5 ] °* the proposed alterations [Airspace Docket No. 66-EA-32] will delete the airspace previously re- TRANSITION AREA 25$“ *?r the LFR approach procedure TRANSITION AREA wmeh will be canceled in the near future, Proposed Designation ^ r e s t e d persons may submit such Proposed Designation The Federal Aviation Agency is con­ ntten data or views as they may desire. The Federal Aviation Agency is con­ sidering amending § 71.181 of Part 71 of ti?n?ini?uca^ ons should be submitted in sidering amending § 71.181 of Part 71 of the Federal Aviation Regulations so as . Pucate to the Director, Eastern Re- the Federal Aviation Regulations so as to alter the Olean, N.Y., 700-foot floor ejon, Attention: Chief, Air Traffic Di- to designate a part-time, 700-foot floor part-time transition area (31 F.R. 2233). f ’e

No. n s ------« FEDERAL REGISTER, V O L 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8374 PROPOSED RULE MAKING publication in the F ederal R egister will is te r will be considered before action is of the Hood VOR 271* radial extending be considered before action is taken on taken on the proposed amendment. No from the 5-mile radius zone to the VOR, the proposed amendment. No hearing is hearing is contemplated at this time, but and within 2 miles each side of the Hood contemplated at this time, but arrange­ arrangements for informal conferences VOR 352° radial extending from the 5- ments for informal conferences with with Federal Aviation Agency officials mile radius zone to the VOR. The por­ Federal Aviation Agency officials may be may be .made by contacting the Chief, tion of this control zone within R-6302A, made by contacting the Chief, Airspace Airspace Branch, Eastern Region. R-6302B, and R-6302C shall be used Branch, Eastern Region. Any data or views presented during only after obtaining prior approval from Any data or views presented during such conferences must also be submitted appropriate authority. This control such conferences must also be submitted in writing in accordance with this notice zone is effective during the dates and in writing in accordance with this notice in order to become part of the record for times established in advance by publi­ in order to become part of the record for consideration. The proposal contained cation of special notices in the Airman’s consideration. The proposal contained in this notice may be changed in the Information Manual. in this notice may be changed in the light of comments received. The Killeen, Tex., transition area is light of comments received. The official docket will be available for designated as that airspace extending The official docket will be available examination by interested persons at the upward from 700 feet above the surface for examination by interested persons Office of the Regional Counsel, Federal within a 6-mile radius of Hood AAF at the Office of the Regional Counsel, Aviation Agency, Federal Building, John (latitude 31°08'15" N., longitude 97°- Federal Aviation Agency, Federal Build­ F. Kennedy International Airport, 42'50" W .), within a 7-mile radius of ing, John F. Kennedy International Air­ Jamaica, N.Y. Robert Gray AAF (latitude 31°04'20" port, Jamaica, N.Y. The Federal Aviation Agency, having N., longitude 97°49'45" W .), within 2 The Federal Aviation Agency, having completed a review of the airspace re­ miles each side of the 339° bearing from completed a review of the airspace re­ quirements for the terminal area of the Gray R BN extending from the Robert quirements for the terminal area of Readington, N.J., proposes the airspace Gray AAF 7-mile radius area to 8 miles Olean, N.Y., proposes the airspace action action hereinafter set forth: N of the RBN, and within 8 miles W and hereinafter set forth: 1. Amend § 71.181 of Part 71 of the 5 miles E of the Hood VOR 352° and 1. Amend § 71.181 of Part 71 of the Federal Aviation Regulation so as to 172° radiais extending from 5 miles N Federal Aviation Regulations so as to revise the description of the Readington, to 12 miles S of the VOR; that airspace revise the description of the Olean, N.Y., N.J., 700-foot floor transition area to extending upward from 1,200 feet above transition area by deleting the words, be described as follows: “That airspace the surface within the area bounded by “from 0800 hours, local time, to sunset extending upward from 700 feet above a line beginning at latitude 30°48'00" daily.”, and insert in lieu thereof, “from the surface within a 6-mile radius of the N., longitude 97°39'00" W .; to latitude 0700 to 2200 hours, local time, daily.”T center, 40°34'55" N., 74°44'20" W., of 30°48'00 N., longitude 98°03'00" W.; to This amendment is proposed under Solberg-Hunterdon Airport, Readington, latitude 30o33'30° N., longitude 98°31'- section 307(a) of the Federal Aviation N.J., and within 5 miles east and 5 miles 30" W .; to latitude 31°13'00" N., longi­ Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). west of Solberg, N.J., VORTAC 227° ra­ tude 98°38'00" W .; to latitude 31°23'31" dial extending from the 6-mile radius N., longitude 97°47'45" W .; to latitude Issued in Jamaica, N.Y., on June 1, area to 14 miles southwest of the 31°22'33" N., longitude 97°42'45" W.; to 1966. VORTAC excluding the portion that co­ latitude 31°20'48" N., longitude 97°40'- W a y n e H endershot, incides with the New York, N.Y., transi­ 32" W .; to latitude 31°19'37" N., longi­ Deputy Director, Eastern Region. tion area.” tude 97°40'32" W .; to latitude 31°13'45" [F.R. Doc. 66-6555; Filed, June 14, 1966; This amendment is proposed under N., longitude 97°32'35" W .; to latitude 8 :4 7 a .m .] section 307(a) of the Federal Aviation 31°06'06" N., longitude 97°32'42" W.; Act of 1958 (72 Stat. 749; 49 U.S.C. to latitude 30°57'00" N„ longitude 97°- 1348). 36'00" W .; to point of beginning. The t 14 CFR Part 71 1 portions of this transition area within Issued in Jamaica, N.Y., on June 1, [A irs p a c e D o c k e t N o . 66—EA -4 9 ] R-6302A, R-6302B, and R-6302C shall 1966. be used only after obtaining prior ap­ W a y n e H endershot, TRANSITION AREA proval from appropriate authority. Deputy Director, Eastern Region. Proposed Alteration The Federal Aviation Agency proposes [F.R. Doc. 66-6556; Filed, June 14, 1966; to revoke the existing Killeen, Tex., The Federal Aviation Agency is con­ 8 :4 7 a j n . ] control zone and establish the Killeen, sidering amending § 71.181 of Part 71 of Tex. (Fort Hood AAF) and (Robert Gray the Federal Aviation Regulations so as A A F ), control zones as follows: to revise the Readington, N.J., 700-foot [ 14 CFR Part 71 1 K illeen, T ex. (F oet Hood AAF) floor transition area (31 F.R. 2245). [Airspace Docket No. 66-SW-21] Additional transition area airspace is Within a 5-mile radius of Fort Hood AAF necessary to preserve an altitude for air­ CONTROL ZONES AND (latitude 31°08T5" N., longitude 97°42'®“ . W .), within 2 miles each side of the Hood craft departing on instrument flight TRANSITION AREA VOR 352° radial (343° magnetic) extending plans from Newark, Morristown, Sol- from the 5-mile radius zone to the VOR. berg-Hunterdon, Somerset, Kupper, and Proposed Revocation, Establishment within a 3-mile radius of Killeen Municipa Mercer County N.J., airports that are and Alteration Airport (latitude 31°05'10” N., longitude cleared via the Solberg, New Jersey VOR 97°41'05" W .), and within 2 miles each side 237° radial. This requirement is predi­ The Federal Aviation Agency is con­ of the Hood VOR 219° (210° magnetic) radiai cated upon rising terrain south of the sidering an amendment to Part 71 of extending from the 3-mile radius zone to Solberg VOR. Additionally, there has the Federal Aviation Regulations which’ miles SW of the VOR. been a refinement of the Solberg- would alter the controlled airspace in K illeen, T ex. (R obert Gray AAF) Hunterdon Airport geographic coordi­ the Killeen, Tex., terminal area. Within a 5-mile radius of Robert Gray nates. The Killeen, Tex., control zone is !LAF (latitude 31°04'20" N„ longitude 9 '- Interested persons may submit such presently designated as that airspace 19'45" W .), within 2 miles each side o n « written data or views as they may desire. within a 5-mile radius of Robert Gray 141° bearing (332° magnetic) from the > Communications should be submitted in AAF, Killeen, Tex. (latitude 31°04'20" RBN extending from the 5-mile radius triplicate to the Director, Eastern Re­ N., longitude 97°49'45" W .), within a to 8 miles N of the RBN, and within 2 mu ;ach side of the Hood VOR 271° radial ( gion, Attention: Chief, Air Traffic Divi­ 5-mile radius of Fort Hood AAF (lati­ magnetic) extending from the 5-m ile r sion, Federal Aviation Agency, Federal tude 31°08T5" N., longitude 97°42'50" sone to the VOR, excluding the po Building, John F. Kennedy International W .), within 2 miles each side of the 339° within the Killeen, Tex. (Fort Hood Airport, Jamaica, N.Y., 11430. All com­ bearing from the Gray RBN extending control zone. This control zone is ® tjje munications received within 30 days from the 5-mile radius zone to 7 miles luring the dates and times published after publication in the F ederal R eg­ N of the RBN, within 2 miles each side Airman’s Information Manual.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 PROPOSED RULE MAKING 8375

The Federal Aviation Agency proposes 114 CFR Part 71 3 R e g i s t e r will be considered before action is taken on the proposed amendment. to alter the Killeen, Tex., transition area [Airspace Docket No. 66-SW-24] as follows: No public hearing is contemplated at this K illeen, T ex. TRANSITION AREAS time, but arrangements for informal con­ That airspace extending upward from 700 ferences with Federal Aviation Agency feet above the surface within a 6-mile radius Proposed Alteration officials may be made by contacting the of Hood AAF (latitude 31°08'15" N., longi­ The Federal Aviation Agency is con­ Chief, Air Traffic Division. Any data, tude 97°42'50" W .), within a 7-mile radius sidering an amendment to Part 71 of the views or arguments presented during of Robert Gray AAP (latitude 31°04'20" N., F e d e ra l Aviation Regulations which such conferences must also be submitted longitude 97°49'45" W .); within 8 miles W in writing in accordance with this notice and 5 miles, E of the Hood VOR 352° and would alter the airspace associated with the El Dorado, Ark., and Shreveport, La., in order .to become part of the record for 172° radiais (343° and 163° magnetic) ex­ consideration. The proposal contained tending from 5 miles N to 12 miles S of the transition areas. VOR; that airspace extending upward from The El Dorado, Ark., transition area in this notice may be changed in the 1,200 feet above the surface within the area is presently designated as that airspace light of comments received. bounded by a line beginning at latitude extending upward from 700- feet above The official docket will be available for 30°48'00" N., longitude 97°39'00" W.; to the surface within 5 miles SE and 8 miles examination by interested persons at the latitude 30°48'00" N., longitude 98° 03'00'' Office of the Regional Counsel, South­ W.; to latitude 30°33'30" N., longitude 98°- NW of the El Dorado VOR 059° radial, extending from the VOR to 12 miles NE; west Region, Federal Aviation Agency, 31'30" W.; to latitude 31°13'00" N., longi­ Fort Worth, Tex. An informal docket tude 98°38'00'' W.; to latitude 31°23'31'' N., that airspace extending upward from longitude 97°47'45'' W.; to latitude 31°22'33" 1,200 feet above the surface within 5 will also be available for examination at N., longitude 97°42'45" W.; to latitude 31°- miles SE and 8 miles N W of the El Dorado the Office of the Chief, Air Traffic Di­ 20'48" N., longitude 97°40'32" W .; to latitude VOR 059° and 239° radials, extending vision. 3ri9'37" N., longitude 97°40'32" W.; to from 7 miles S W to 13 miles NE of the This amendment is proposed under the latitude 31°13'45" N., longitude 97°32'35" VOR, and within 5 miles each side of the authority of section 367(a) of the Fed­ W.; to latitude 31°06'06" N., longitude 97°- eral Aviation Act of 1958 (49 U.S.C. 1348). 32’42" W.; to latitude 30°57'00" N., longi­ El Dorado VOR 233° radial, extending tude 97°36'00'' W.; to point of beginning. from the El Dorado VOR to 23 miles S W Issued in Fort Worth, Tex., on June 8, of Goodwin Airport. 1966. Establishment of the control zones and The description of the Shreveport, La., H e n r y L . N e w m a n , alteration of the transition area pro­ transition area states, in part, “exclud­ Director, Southwest Region. posed herein would provide protection ing the portion within the El Dorado, for aircraft executing prescribed instru­ [F.R^ Doc. 66-6558; Filed, June 14, 1966; Ark., transition area.” 8 :4 7 a .m .] ment approach and departure procedures The Federal Aviation Agency proposes at Fort Hood AAF, Robert Gray AAF, the following airspace actions: and the Killeen, Tex., Municipal Airport. 1. Redesignate the El Dorado, Ark., [ 14 CFR Parts 71, 73 3 Interested persons may submit such transition area as that airspace extend­ [Airspace Docket No. 66-WE-23] written data, views or arguments as they ing upward from 700 feet above the sur­ may desire. Communications should be face within 5 miles SE and 8 miles N W RESTRICTED AREA AND CONTROLLED submitted in triplicate to the Chief, Air of the El Dorado VORTAC 059° radial AIRSPACE Traffic Division, Southwest Region, Fed­ (052° magnetic), extending from the eral Aviation Agency, Post Office Box VORTAC to 12 miles NE, within 5 miles Proposed Alteration and Designation 1689, Forth Worth, Tex., 76101. All SE and 5 miles N W of the 239° radial The Federal Aviation Agency (FAA) communications received within 45 days (232° magnetic) extending from the is considering amendments to Parts 71 after publication of this notice in the VORTAC to 5 miles SW ; and that air­ and 73 of the Federal Aviation Regula­ F ederal R e g i s t e r will be considered space extending upward from 1,200 feet tions which would establish a restricted before action is taken on the proposed above the surface bounded by a line be­ area near Fort Carson, Colo., alter the amendment. No public hearing is con­ ginning at latitude 33°20'30" N., longi­ description of the continental control templated at this time, but arrangements tude 92°51'30" W .; to latitude 33°30'00" area to reflect the establishment of the for informal conferences with Federal N., longitude 92°51'30" W .; to latitude restricted area, and make minor changes Aviation Agency officials may be made 33°30'00" N., longitude 92°30'00" W .; to in the description of the existing Fort by contacting the Chief, Air Traffic Divi­ latitude 32°44'00" N., longitude 92°- Carson, Colo., restricted area R-2601. sion. Any data, views or arguments 20'00" W .; to point of beginning. Interested persons may participate in Presented during such conferences must 2. Delete “excluding the portion with­ the proposed rule making by submitting slso be submitted in writing in accord­ in the El Dorado, Ark., transition area” such written data, views, or arguments ance with this notice in order to become from the description of the Shreveport, as they may desire. Communications P&rt of the record for consideration. La., transition area. The proposal contained in this notice should identify the airspace docket num­ Alteration of the El Dorado, Ark., ber and be submitted in triplicate to the may be changed in the light of com­ transition area would provide airspace ments received. Director, Western Region, Attention: protection for aircraft executing the in­ Chief,'Air Traffic Division, Federal Avia­ The official docket will he available strument approach for Goodwin Airport, tion Agency, 5651 West Manchester Ave­ ior examination by interested persons at El Dorado, Ark., as modified to permit nue, Post Office Box 90007, Airport Sta­ q Office of the Regional Counsel, use of specified DME orbits for final ap­ tion, Los Angeles, Calif., 90009. All outhwest Region, Federal Aviation proach with elimination of procedure communications received within 45 days Fort Worth, Tex. An informal turn. after publication of this notice in the octet will also be available for exami- The change in the Shreveport transi­ F e d e r a l R e g i s t e r will be considered be­ nation at the Office of the Chief, Air tion area description would simplify the fore action is taken on the proposed 1 raffle Division. boundary designation betw een the amendments. The proposals contained .,, amendment is proposed under the Shreveport and El Dorado transition in this notice may be changed in the pÏ i « ^ of section 307(a) of the Fed- areas. light of comments received. 1348) atl° n Act ° f 1958 (49 u s c - Interested persons may submit such An official docket will be available for written data, views or arguments as they examination by interested persons at the 19ggSUe(* *n Fort Worth, Tex., on June 8, may desire. Communications should be Federal Aviation Agency, Office of the submitted Jn triplicate to the Chief, Air General Counsel, Attention: R ules Traffic Division, Southwest Region, Fed­ Docket, 800 Independence Avenue SW., H e n r y L . N e w m a n , Director, Southwest Rçgion. eral Aviation Agency, Post Office Box Washington, D.C. An informal docket 1689, Fort Worth, Tex., 76101. All com­ also will be available for examination at Doc. 66-6557; Filed. June 14, 1966; munications received within 45 days after the Office of the Regional Air Traffic 8:47 a .m .] publication of this notice in the F ederal Division Chief.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8376 PROPOSED RULE MAKING

The Department of the Army has sub­ tion facilities at licensed projects. The mitted a request for the designation of FEDERAL COMMUNICATIONS licensee would be required to post notices additional restricted airspace at Fort to this effect and to instruct its employ­ Carson, Colo., to contain ground firing COMMISSION ees and any persons who lease or manage exercises to be performed by a division, the recreation facilities that such dis­ training to meet operational readiness [ 47 CFR Part 171 crimination is forbidden. and combat efficiency. In addition, dur­ 2. The courts have repeatedly held ing summer periods* Fort Carson sup­ [Docket No. 16474] that a grant of the use of some part of ports training encampments of selected CONSTRUCTION, MARKING AND the public domain to a private operator reserve force units of the National Guard LIGHTING OF ANTENNA STRUC­ carries with it, as a matter of constitu­ and the U.S. Army. The Army has ad­ TURES tional law, an obligation to operate the vised that the influx of additional troop granted premises in a nondiscriminatory units severely limits the training capacity Order Extending Time for Filing manner. This rule logically applies to of Fort Carson. The Army also advises Reply Comments the licensing by the Commission of non- that land-use rights have been obtained Federal hydroelectric projects, and spe­ for the property underlying the proposed 1. On March 22,1966, the Commission cifically to the recreation facilities pro­ restricted area. Under this proposal, the issued an order extending time for filing vided at such projects. The Commission area would be designated on a continuous comments and reply comments in the has already expressed its disapproval of basis from the surface to 35,000 feet M SL above entitled matter. such discrimination in a statement of and would be designated as joint use with 2. On June 6, 1966, the American Tel­ general policy (18 CFR § 2.7(g), order the Denver ARTCC as the controlling ephone & Telegraph Co. filed a request No. 313, Dec. 27, 1965, 30 F.R. 16197) and agency. The FAA has determined that for extension of time until July 5, 1966, intends by the proposed rule to provide the requested airspace does not overlie for filing reply comments in this proceed­ a legally enforceable regulation under any VFR flyways, would not interfere ing. The American Telephone & Tele­ the Power Act to the same effect. with any airways or jet routes, and would graph Co. states that because most of Section 10(a) of the Federal Power Act not affect terminal IFR procedures at the comments were filed on or about May provides: Peterson Field, Colorado Springs, Colo., 25, 1966, and because of the Memorial That the project adopted * * * shall be more than the existing Restricted Area Day holiday, copies of all comments were such as in the Judgment of the Commission R-2601 presently does. not available for study until June 2,1966. w ill be best adapted to a comprehensive plan The Coast and Geodetic Survey, in Since the last day for filing comments for improving or developing a waterway or waterways for the use or benefit of interstate plotting the geographical coordinates of was June 4, 1966, American Telephone & the proposed' restricted area recom­ or foreign commerce, for the improvement Telegraph Co. states sufficient time was and utilization of water-power development, mended minor changes in two of the co­ not available to Study the comments and and for other beneficial public uses, including ordinates to make it abut Colorado High­ file reply comments. recreational purposes * * * . way No. 115. Likewise, a similar change 3. In view of the importance of the The Commission has a responsibility to appears in order in the description of the subject rule making and the showing Fort Carson, Colo., Restricted Area R - insure that the fullest practicable use be made by the petitioner for additional made of the waterways on which projects 2601 by deleting “longitude 104°51'40" time, it appears that an extension to July W .” wherever it appears and substituting are constructed. The national water­ 5, 1966, for filing reply comments would ways are a resource which should be “longitude 104°52'00" W .” therefor. serve the public interest. Accordingly, The Federal Aviation Agency therefore made as serviceable as possible to the it is ordered this 10th day of June 1966, entire public, for recreational purposes proposes the airspace actions as herein­ that the time for filing reply comments after set forth. as well as hydroelectric power and navi­ is extended from June 4,1966, to July 5, gation. The full potential of these rec­ a. R-2602 F o r t C a r s o n , C o l o . 1966. reational opportunities can be realized Boundaries: Beginning at latitude 4. This action is taken pursuant to au­ only if they are made accessible to all 38°39'00" N., longitude 104°52'00" W.; to thority contained in sections 4 (i), 5(d) members of the public desiring to use latitude 38°36'20" N., longitude 104°52'00" (1), and 303 (r) of the Communications them, without racial, religious, or ethnic W.; to latitude 38°32'06'' N., longitude Act of 1934, as amended, and § 0.251(b) discrimination, and if the public is fully 104°49'18" W.; to latitude 38°32'06" N., of the Commission’s rules. longitude 104°45'00" W.; to latitude aware that such discrimination will not 38°26'10" N., longitude 104°45'00'' W.; to Released: June 10,1966. be practiced. Other Federal agencies latitude 38°26'10" N., longitude 104°57'13" have prescribed regulations to the same W.; to latitude 38°32'38" N., longitude F e d e r a l C ommunications effect. For example, the Corps of Engi­ 104°57'13" W.; thence northeast along Colo­ C o m m i s s i o n , neers has issued a rule (36 CFR 311.20) rado Highway No. 115 to point of beginning. [ s e a l ] B e n F . W a p l e , reading: Designated altitudes: Surface to 35,000 Secretary. fe e t M S L . All project land and water areas which Time of designation: Continuous. [F.R. Doc. 66-6571; Filed, June 14, 1966; are open to the public shall be available io ControUing agency: Federal Aviation 8 :4 8 a .m .] u se a n d e n jo y m e n t b y t h e p u b lic vrttMj® Agency, Denver ARTC Center. r e g a r d t o race, creed, c o lo r o r n atio n al origin. Using agency: Commanding General Fort No lessee or licensee of a project area unde, Carson, Colo. lease or license providing for a public quasi-public use, including group camp a " b. Alter the description of the Fort FEDERAL POWER COMMISSION tivities, and no concessionaire of a lesse®. Carson, Colo., restricted area R-2601 by licensee providing a service to the Pu ’ deleting “longitude 104°51'40" W .” [Docket No. R-304] Including facilities and accommodations s wherever it appears and substituting discriminate against any person or P®* . “longitude 104°52'00" W .” therefor. [18 CFR Part 8 1 because of race, creed, color or nat c. Add R-2602 to the list of restricted origin in the conduct of its operations RECREATIONAL FACILITIES AT der the lease, license or concession agr areas included within the continental control area. LICENSED PROJECTS m e n t. These amendments are proposed under Prohibition of Discrimination See also 50 CFR § 80.11(g) and 30 the authority of section 307(a) of the F.R. 7315 (June 3, 1965) Federal Aviation Act of 1958 (49 U.S.C. J u n e 8, 1966. Sport Fisheries and Wildlife, D e p a r t m 1348). Implementation of rules in order No. of the Interior); 36 CFR §§ 1-60, 2-2». Issued in Washington, D.C., on June 8, 313. 3.46, 5.7 (National Park Service). ,1 1966. 1. Pursuant to section 4 of the Admin­ 3. Accordingly, it is proposed to amen T . M c C o r m a c k , istrative Procedure Act, the Commission Part 8 of Subchapter B, Chapter Acting Chief, Airspace and hereby gives notice that it proposes to Title 18 of the Code of Federal Regm Air Traffic Rules Division. adopt a rule prohibiting discrimination [F.R. Doc. 66-6559; Filed, June 14, 1966; on account of race, creed, color, or na­ tions, as follows: 8 :4 7 a .m .] tional origin in connection with recrea­ a. Add a new § 8.3 to read:

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 PROPOSED RULE MAKING 8377

§ 8.3 Discrimination prohibited. (a) * * * In addition, the licensee 5. Any person may submit to the Fed­ shall post at all such locations notice eral Power Commission, Washington, (a) Every licensee maintaining recre­ that the recreation facilities are open to D.C., 20426, not later than July 15, 1966, ation facilities for the use of the public all members of the public without regard data views, comments and suggestions in at a licensed project, or employing or to race, color, religious creed, or national writing concerning the proposed amend­ permitting any other person to maintain origin. ments. An original and nine conformed such facilities, shall permit, or require c. Revise the title of Part 8 to read:copies of any such submission should be such other person to permit, equal and “Part 8— Recreational Opportunities at filed. The Commission will consider any unobstructed use of such facilities to all Licensed Projects”. such written submissions before acting members of the public without regard to 4. This amendment to the Commis­on the proposed amendments. race, color, religious creed, or national sion’s Regulations is proposed to be By direction of the Commission. issued under the authority of the Federal origin. Power Act, as amended, particularly J o s e p h H. G t j t r id e , b. In § 8.2(a) add the following newsections 10(a) and 309 thereof (49 Stat. Secretary. sentence: 842, 858; 16 U.S.C. 803(a), 825h), and [F.R. Doc. 66-6525; Filed, June 14. 1966; § 8.2 Posting of project lands * * * of the U.S. Constitution. 8 :45 a .m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8378 Notices

discretion of the court, be fined not more elgn source of pipe manufacture by DEPARTMENT OF THE TREASURY t h a n $10,000.” representatives of the selling agency. (g) That invoice records presented by Dated: June 7,1966. Coast Guard the General Manager of Roses & Co. dur­ [CGFR 66-38] [ seal] W . J. S m it h , ing the investigation of this case confirm Admiral, U.S. Coast Guard, said purchase of foreign made pipe, and “ RAY (SS(N)653)” Commandant. that the name of the foreign source of Closing of James River to Navigation said pipe was further made available in [F.R. Doc. 66-6526; Filed, June 14, 1966; writing to the Hau & Curran Construc­ During Launching 8 :4 5 a m . ] tion Co,, notwithstanding a verbal state­ By virtue of the authority vested in me ment to the contrary by a partner of as Commandant, U.S. Coast Guard, by the firm. Treasury Department Order 120 dated In consideration of the above, the Sec­ July 31, 1950 (15 F.R. 6521) and Execu­ DEPARTMENT OF DEFENSE retary of the Air Force found that such tive Order 10173, as amended by Execu­ actions reflect a violation of the Buy tive Orders 10277, 10352, and 11249, I Department of the Air Force American Act. hereby affirm for publication in the F ed­ BUY AMERICAN ACT By order of the Secretary of the Air eral R egister the order of O. C. Rohnke, Force. Rear Admiral, U.S. Coast Guard, Com­ Secretarial Finding of Violation mander, Fifth Coast Guard District, who L u c ia n M. F erguson, has exercised authority as District Com­ Pursuant to the authority contained in Colonel, USAF, Chief, Special mander, such order reading as follows: section 3(b) of the Buy American Act Activities Group, Office of Special Notice James River (47 §tat. 1520; 41 U.S.C. 10b(b)), the The Judge Advocate General. Secretary of the Air Force has issued a Under .the authority of Title II of the [F.R. Doc. 66-6533; Filed, June 14, 1966; Espionage Act of June 15, 1917 (40 Stat. finding, as follows: 8 :4 6 a .m .] 220), as amended, and Executive Order 10173 (a) That, a Construction Contract AF as amended, I declare that from 10:30 am ., 66 (600) -1816, was awarded by the Base e.d.t. until 2:30 p.m., e.d.t. Tuesday, June Procurement Office, Ramey Air Force 21, 1966 the following area is a security zone Base, P.R., on a straight fixed price basis DEPARTMENT OF THE INTERIOR and I order that it be closed to any person or to the Hau & Curran Construction Co., Fish and Wildlife Service vessel due to the launching of “RAY (SS(N ) Isabela, P.R., November 15, 1960. Said 6 5 3 )” : [D o c k e t N o . B -3 8 4 ] The water of the James River, Norfolk- contract, as amended in the amount of Newport News Harbor, Va., within the co­ $32,810.10, consisted of such work as nec­ CROSBY B. AMES ordinates of latitude 36°50'34" N., longitude essary to replace water service connec­ 76°26'53" W. at the shoreline of Newport tions, including service stops and service Notice of Loan Application News, thence southwesterly 500 yards to lati­ bases, for 196 buildings at Ramey Air Crosby B. Ames, Matinicus, Maine, tude 36°59'27" N., longitude 76°27'10'' W., Force Base. The contract contained a thence southeasterly to latitude 36° 58'43" "Buy American Act” clause (41 U.S.C. 04851, has applied for a loan from the N., longitude 76°26'41" W. thence easterly Fisheries Loan Fund to aid in financing 10) pursuant to Armed Services Procure­ to Newport News Shipbuilding Co., Pier 8 the construction of a new 30-foot wood ment Regulation, section VI, Part 204.5. Light (USCG Light List No. 2736.5). vessel to engage in the fishery for lobster. (b) That on March 14, 1963, the con­ No person or vessel may remain in or enter Notice is hereby giyen pursuant to the tractor was notified by letter of several t h is se c u rity zone. provisions of Public Law 89-85 and The Captain of the Port, Norfolk-Newport instances where installation of substand­ Fisheries Loan Fund Procedures (50 CFR News Area, Va., shall enforce this order. ard pipe had been noted in connection The Captain of the Port may be assisted with the above numbered contract. Part 250, as revised August 11,1965), that the above entitled application is being by employees and facilities of any State or (c) That the pipe in question was ex­ political subdivision thereof or any Federal considered by the Bureau of Commercial amined by the Federal Bureau of Inves­ A g e n cy . Fisheries, Fish and Wildlife Service, De­ tigation Laboratory and in its report of For violation of this order Title II of partment of the Interior, Washington, March 27, 1964, indicated that said pipe the Espionage Act of June 15, 1917 (40 Stat. D.Ci, 20240. Any person desiring to sub­ failed to conform to the contract specifi­ 2 2 0 ), as a m e n d e d , p ro v id e s: mit evidence that the contemplated op­ “If any owner, agent, master, officer, or cations. (d) That the contractor was further eration of such vessel will cause economic person in charge, or any member of the hardship or injury to efficient vessel op­ notified of the possibility that this pipe crew of any such vessel fails to comply erators already operating in that fishery with any regulation or rule issued or order was not American made. ipust submit such evidence in writing to given under the provisions of this title, or (e) That the pipe purchased for the the Director, Bureau of Commercial obstructs or interferes with the exercise of initial contract work was inspected and Fisheries, within 30 days from the date any power conferred by this title, the vessel, found to be American made, and in com­ together with her tackle, apparel, furniture, of publication of this notice. If such evi­ pliance with the specification and was and equipment shall be subject to seizure dence is received it will be evaluated along used in the performance of the contract and forfeiture to the United States in the with such other evidence as may be avail­ prior to the amendments thereto. same manner as merchandise is forfeited for able before making a determination that violation of the customs revenue laws; and (f) That, however, pipe installed by the contemplated operations of the ves­ the person guilty of such failure, obstruction, the Hau and Curran Construction Co. or interference shall be fined not more than in performance of additional work under sel will or will not cause such economi $10,000 or imprisoned not more than 2 years, subsequent modifications to the contract hardship or injury. o r b o th . was purchased from one Roses & Co., H arold E. C row ther, “If any other person knowingly fails to Inc., Arecibo, P.R., and that said pur­ Acting Director, comply with any regulation or rule issued or chase was made by the contractor with Bureau of Commercial Fisheries. order given under the provisions of this title, or knowingly obstructs or interferes with the the full knowledge that the pipe was of J u n e 10,1966. exercise of any power conferred by this title, foreign make and import and further, he shall be punished by imprisonment for that said purchase occurred even though [FJEl. Doc. 66-6536; Filed, June 14, *96 ' not more than 10 years and may, at the the contractor was advised of such for- 8 :4 6 a j n . ]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8379

[Docket No. A-390] the vessel will or will not cause such eco­ nomic hardship or injury. LAWRENCE FINLAY DEPARTMENT OF AGRICULTURE H arold E. C r o w th e r , Office of the Secretary Notice of Loan Application Acting Director, Bureau of Commercial Fisheries. TEXAS Lawrence Finlay, Box 2296, Kodiak, Alaska, 99615, has applied for a loan . J u n e 10,1966. Extension of Designation of Areas for from the Fisheries Loan Fund to aid in Emergency Loans financing the purchase of a used 61.7-foot [ F R . D o c . 66-6538; F ile d , J u n e 14, 1966; 8 :4 6 a .m .] For the purpose of making emergency registered length wood vessel to engage in loans pursuant to section 321 of the Con­ the fishery for Dungeness crab, king crab, solidated Farmers Home Administration and salmon. Bureau of Land Management Act of 1961 (7 U.S.C. 1961), it has been Notice is hereby given pursuant to the determined that in the hereinafter- provisions of Public Law 89-85 and [NM Misc. No. 14] named counties in the State of Texas, Fisheries Loan Fund Procedures (50 CFR NEW MEXICO natural disasters have caused a con­ Part 250, as revised August 11,1965) that tinuing need for agricultural credit not the above entitled application is being readily available from commercial banks, considered by the Bureau of Commercial Order Opening Lands to Entry and Patenting cooperative lending agencies, or other Fisheries, Fish and Wildlife Service, De­ responsible sources. partment of the Interior, Washington, J u n e 7, 1966. D.C., 20240. Any person desiring to sub­ mit evidence that the contemplated op­ 1. In an exchange of lands made under Texas Original Present designation extension eration of such vessel will cause economic the provisions of section 8 of the Act of hardship or injury to efficient vessel o p -. June 28,1934 (48 Stat. 1269), as amended (43 U.S.C. 315g), the following described Burleson______30 F.R . 8861...... erators already operating in that fishery Cameron...... 30 F.R. 9279-0280.. must submit such evidence in writing to lands have been reconveyed to the United 30 F .R. 1204.. 30 F.R. 8861 States: 30 F R. 8861 the Director, Bureau of Commercial 30 F.R. 8861... Fisheries, within 30 days from the date New Mexico Principal Meridian, New Mexico of publication of this notice. If such evidence is received it will be evaluated T . 5 N ., R . 10 W ., Pursuant to the authority set forth Sec. 6, lo ts 3, 5, 6, 7, S E J 4 N W & a n d above, emergency loans will not be made along with such other evidence as may be Ey2swy4; available before making a determination in the above-named counties after June Sec. 7; 30, 1967, except to applicants who pre­ that the contemplated operations of the Sec. 18, lo ts 1 ,3 ,4 , E y2 a n d E % W & ; vessel will or will not cause such economic Secs. 19 a n d 31. viously received emergency or special hardship or injury. T. 4 N., R. 11 W., livestock loan assistance and who can Sec. 1; qualify under established policies and H arold E. C r o w th er , Sec. 11, W & a n d S E % ; procedures. Acting Director, Sec. 12. Bureau of Commercial Fisheries. T . 5 N ., R . 11 W ., Done at Washington, D.C., this 9th day Secs. 1 ,1 1 ,1 3 , 14, 23, 24, a n d 25; of June 1966. June 10, 1966. Sec. 26, Ni/2, N E 14 SW 1 4 , sy2SW^4 and O r v i l l e L. F r e e m a n , SE%; Secretary. [F.R. Doc. 66-6537; F ile d , J u n e 14, 1966; Sec. 27, E f t ; [F.R. Doc. 66-6531; Filed, June 14, 1966; 8:46 a m . ] Sec. 35. 8:45 a .m .] The areas described aggregate 10,673.85 [Docket No. G-364] acres. Office of the Secretary 2. The lands are located approximately FRANK D. TODD 35 miles south of the town of Grants and FRESH, CHILLED, OR FROZEN MEAT Notice of Loan Application about 35 miles north of the village of Import Limitations Datil in Valencia County, N. Mex. The Frank D. Todd, 950 Broadway, Riviera topography is rolling to mountainous. Public Law 88-482, approved August Beach, Fla., 33404, has applied for a loan The soils are quite variable, from com­ 22, 1964 (hereinafter referred to as the irom the Fisheries Loan Fund to aid in monly deep, sandy loam to shallow and Act), provides for limiting the quantity hnancing the purchase of a used 30-foot rocky. of fresh/ chilled or frozen cattle meat (TSUS 166.10) and fresh, chilled or wood vessel fop engage in the fishery for 3. Subject to valid existing rights, the frozen meat of goats and sheep, except mackerel, snappers, and groupers. provisions of existing withdrawals, and lambs (TSUS 106.20), which may be im­ Notice is hereby given pursuant to the the requirements of applicable law, the ported into the United States in any Provisions of Public Law 89-85 and Fish­ lands are hereby open to application, calendar year. Such limitations are to eries Loan Fund Procedures (50 CFR petition, location and selection. All be imposed when it is estimated by the valid applications received at or prior u 85 revised August 11,1966) that Secretary of Agriculture that imports of me above entitled application is being to 10 a.m. on July 20, 1966, shall be con­ such articles, in the absence of limita­ nsidered by the Bureau of Commercial sidered as simultaneously filed at that tions during such calendar year, would f-isnenes, Fish and Wildlife Service, De- time. Those received thereafter shall equal or exceed 110 percent of the esti­ np ^ °f the Interior, Washington, •u, 20240. Any person desiring to sub- be considered in the order of filing. mated quantity of such articles pre­ scribed by section 2(a) of the Act. ^dence that the contemplated oper- ' Inquiries concerning the lands should be addressed to the Chief, Division of In accordance with the requirements hnJili?- suc.k vessei will cause economic of the Act the following second quarterly or *hjury to efficient vessel oper- Lands and Minerals Program Manage­ estimates are published: . „a uGa^y operating in that fishery ment and Land Office, Post Office Box 1. The estimated aggregate quantity thn Tvsul:>?:ut such evidence in writing to 1449, Santa Fe, N. Mex., 87501. of such articles which would, in the ab­ erino Cuveau of Commercial Fish- sence of limitations under the Act, be M ic h a el T . S o la n , Duhii’fJ'r'lun days from the date of imported during calendar year 1966 is Chief, Division of Lands and d e W ^ 10n of thLs notice. If such evi- 800 million pounds. Minerals, Program Manage­ alorto- Jiuuece*ved It will be evaluated 2. The estimated quantity of such ar­ & with such other evidence as may ment and Land Office. ticles prescribed by section 2(a) of the tion'fh a^ e before making a determina­ [F.R. Doc. 66-6540; Filed, June 14, 1966; Act during the calendar year 1966 is nt the contemplated operations of 8 :4 6 a .m .] 890.1 million pounds.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8380 NOTICES

Since the estimated quantity of im­ [Docket No. FDC-D-90; NDA No. 12-169] ports does not equal or exceed 110 per­ DEPARTMENT OF HEALTH, EDU­ CIBA PHARMACEUTICAL CO. cent of the estimated quantity prescribed by section 2(a) of the Act, no limitations CATION, AND WELFARE Elipten Tablets; Notice of Withdrawal for the calendar year 1966 on the im­ of Approval of New-Drug Application portation of fresh, chilled or frozen Food and Drug Administration cattle meat (TSUS 106.10) and fresh, Ciba Pharmaceutical Co., Summit, N.J., ATLAS CHEMICAL INDUSTRIES, INC. the applicant for and holder of new-drug chilled or frozen meat of goats and sheep application No. 12-169, as amended and (106.20), are authorized to be imposed Notice of Filing of Petition for Food pursuant to Public Law 88-482 at this supplemented, applying to the drug Additive Polysorbate 80 “Elipten (amino-glutethimide),” 125- time. milligram and 250-milligram tablets, Pursuant to the provisions of the Fed­ having elected not to avail itself of the Done at Washington, D.C., this 10th eral Food, Drug, and Cosmetic Act (sec. opportunity for a hearing as provided by day of June 1966. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 section 505(e) of the Federal Food, Drug, (b)(5)), notice is given that a petition Jo h n A. S c h n it t k e r , and Cosmetic Act (21 U.S.C. 355(e) ) and (FAP 6A2033) has been filed by Atlas Under Secretary. the regulations appearing in Title 21, Chemical Industries, Inc., Wilmington, Code of Federal Regulations, Part 130, [F.R. Doc. 66-6581; Filed, June 14, 1966; Del., 19899, proposing an amendment to prior to such withdrawal: 8:49 a .m .] § 121.1009 Polysorbate 80 to provide for The Commissioner of Food and Drugs, the safe use of polysorbate 80 as a dis­ by virtue of the authority vested in the persing agent in gelatin desserts and in Secretary of Health, Education, and Wel­ gelatin dessert mixes in an amount not fare by the provisions of the Federal DEPARTMENT OF COMMERCE to exceed 0.0125 percent of the finished Food, Drug, and Cosmetic Act (sec. food. Bureau of the Census 505(e), 52 Stat. 1053, as amended; 21 Dated: June 8, 1966. U.S.C. 355(e) ) and delegated to the Com­ FEDERAL GOVERNMENT AGENCIES missioner by the Secretary (21 CFR AND THEIR CONTRACTORS AND J . K . K i r k , 2.120; 31 F.R. 3008), finds that: SUPPLIERS IN 1965 Assistant Commissioner 1. New evidence of clinical experience, for Operations. not contained in new-drug application Shipments and Receipts for Work [F.R. Doc. 66-6584; Filed, June 14, 1966; No. 12-169 or not available to the Com­ Done; Notice of Determination 8 :5 0 a .m .] missioner until after such application was permitted to become effective, to­ In conformance with Title 13, United gether with the evidence available to the States Code, sections 181, 224, and 225, CHEVRON CHEMICAL CO. Commissioner when the application was and due notice having been published permitted to become effective, shows that January 22, 1966 (31 F.R. 914), I have Notice of Filing of Petition Regarding such drug is not shown to be safe for use determined that data to be derived from Pesticide Chemical under the conditions of use upon the a survey of manufacturers concerning basis of which the application was per­ their shipments to and/or receipts for Pursuant to the provisions of the Fed­ mitted to become effective. services performed for the Federal Gov­ eral Food, Drug, and Cosmetic Act (sec. 2. New information before the Com­ ernment or its contractors during 1965 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a missioner with respect to such drug, are needed to aid the efficient perform­ (d)(1)), notice is given that a petition together with the evidence available to ance of essential governmental functions (PP 6F0492) has been filed by Chevron the Commissioner when the application and have significant application to the Chemical Co., Ortho División, 940 Hens­ was permitted to become effective, shows needs of the public and industry. ley Street, Richmond, Calif., 94801, pro­ that there is a lack of substantial evi­ The survey will provide important posing the establishment of tolerances dence that the drug will have the effect information on the impact of Federal for residues of the fungicide cis- it purports or is represented to have procurement on various industries and NC(1, 1, 2, 2-tetrachloroethyl)thiol-4- under the conditions of use prescribed, on the economy of States, Standard cyclohexene-l, 2-dicarboximide in or recommended, or suggested in the label­ Metropolitan Statistical Areas, and other on the raw agricultural commodities ing thereof; namely, that it is an anti­ geographic regions. The data requested named: convulsant which alone, or particularly in this survey are not publicly available as an adjunct, controls séizures in most from nongovernmental or other govern­ 50 parts per million in or on cherries forms of epilepsy. mental sources. (sour). - 3. The new-drug application contains 30 parts per million in or on apricots, The survey will be conducted on a untrue statements of material fact. nectarines, and peaches. 4. No finding is made at this time on sample basis, covering selected indus­ 10 parts per million in or on tomatoes. point 4 of the Notice of Opportunity for tries, as a supplement to the Annual 5 parts per million in or on cucumbers, a Hearing published in the F ederal Survey of Manufactures. melons, cherries (sweet), plums, and R egister of February 16, 1966 (31 F-& The report form will be furnished to prunes. 2786), charging deliberate failure to sub­ firms included in this survey and addi­ 0.1 part per million in or on cottonseed. mit reports, since thè company has been offered an opportunity to present its tional copies are available on request to The analytical method proposed in the views as to why the matter should not be petition for determining residues of the the Director, Bureau of the Census, referred to the Justice Department, in fungicide is as follows: The sample is Washington, D.C., 20233. accordance with section 305 of the a®1 extracted with benzene and, after ap­ I have, therefore, directed that this propriate cleanup, is chromatographed (21 U.S.C. 335). Wherefore, on the basis of the fore­ survey be conducted for the purpose of by a thin layer procedure. The plate is going findings of fact, the approval o collecting the data hereinabove de­ sprayed with AUV-dimethyl-p-phenylene- new-drug application No. 12-169 is wit * scribed. diamine to visualize the spots. drawn, effective on the date of signatu Dated: May 26, 1966. Dated: June 8,1966. Of this document.

A. Ross E c kler, J . K . K i r k , Dated: June 7, 1966. Director, Assistant Commissioner James L. Goddard, Bureau of the Census. for Operations. Commissioner of Food and Drugs.

[FJt. Doc. 66-6521; Filed, June 14, 1966; [F.R. Doc. 66-6585; Filed, June 14, 1966; [F.R. Doc. 66-6586; Filed, June 14, l066, 8 :4 5 a .m .] 8 :5 0 a.m .j 8:50 a .m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8381

ELANCO PRODUCTS CO. SHELL CHEMICAL CO. mit and license to construct and operate Notice of Withdrawal of Petitions for Notice of Filing of Petition Regarding a 2200 megawatt (thermal) pressurized Food Additives Arsanilic Acid, water type nuclear power reactor under Pesticide section 104.b. of the Atomic Energy Act Hygromycin B, Tylosin Phosphate Pursuant to the provisions of the Fed­ of 1954, as amended. The proposed lo­ Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. cation for the reactor, designated by the eral Food, Drug, and Cosmetic Act (sec. 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a applicant as the Palisades Plant, is on a 409(b), 72 Stat. 1786; 21 UJ3.C. 348(b)), (d)(1)), notice is given that a petition 487-acre site in Covert Township, Van the following notice is issued: (PP 6F0491) has been filed by Shell Buren County, approximately 4 y2 miles In accordance with § 121.52 With­ Chemical Co., 1700 K Street NW., Wash­ south of South Haven, Mich., on the drawal of petitions without prejudice of ington, D.C., 20006, proposing the estab­ eastern shore of Lake Michigan. A copy the procedural food additive regulations lishment of a tolerance of 0.25 part per of the application is available for public (21 CFR 121.52), Elanco Products Co., a million for residues of the insecticide inspection in the AEC’s Public Document division of Eli Lilly & Co., Indianapolis, dimethyl phosphate of 3-hydroxy-N- Room, 1717 H Street NW., Washington, Ind., 46206, has withdrawn: methyl-cw-crotonamide in or on the rgw D.C. 1. Its petition (FAP 3D1061) proposing agricultural commodity soybeans. Date of issuance: June 9,1966. that a regulation be amended to provide The analytical method proposed in the for the safe use of arsanilic acid with petition for determining residues of the For the Atomic Energy Commission. hygromycin B in chicken feed. The no­ insecticide is an enzyme inhibition-spec- tice of filing was published in the F ed­ trophotometric procedure with measure­ R. L. D o a n , eral R egister of June 5, 1963 (28 F.R. ment of the absorbance at 540 millimi­ Director, 5537). crons. Division of Reactor Licensing. 2. Its petition (FAP 4D1475) propos­ Dated: June 8, 1966. [F J l. D oc. 66-6520; F ile d , J u n e 14, 1966; ing that a regulation be amended to pro­ 8 :4 5 a .m .] J . K . K i r k , vide for the safe use of tylosin phosphate Assistant Commissioner in beef cattle feed for growth promotion for Operations. and feed efficiency. The notice of filing was published in the' F ederal R egister ]F J i . D o c . 66-6589; F ile d , J u n e 14, 1966; of September 11, 1964 (29 FJR. 12852) . 8 :5 0 a .m .] CIVIL AERONAUTICS BOARD The withdrawal of these petitions is [Docket No. 17400; Order E-23801] without prejudice to a future filing. UPJOHN CO. DELTA AIR LINES ET AL. Dated: June 7,1966. J . K . K i r k , Notice of Filing of Petition Regarding Order of Investigation and Suspension Assistant Commissioner Pesticides for Operations. Adopted by the Civil Aeronautics Board Pursuant to the provisions of the Fed­ at its office in Washington, D.C., on the [P.R. Doc. 66-6587; Filed, June 14, 1966; eral Food, Drug, and Cosmetic Act (sec. 9th day of June 1966. 8 :5 0 a .m .] 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Exclusion of travel pursuant to Gov­ (d)(1)), notice is given that a petition ernment transportation requests from FMC CORP. (PP 6F0490) has been filed by The Up­ youth fare plans proposed by: Delta Air john Co., Kalamazoo, Mich., 49001, pro­ Lines, Inc., Trans World Airlines, Inc., Notice of Filing of Petition Regarding posing the establishment of a tolerance American Airlines, Inc., United Air Lines, Pesticides for residues of the fungicide 2,6-dichloro- Inc., Braniff Airways, Inc., Docket 17400. 4-nitroaniline in or on the raw agricul­ By tariff revision1 marked to become Pursuant to the provisions of the Fed- tural commodity cottonseed at 0.05 part effective June 12, 1966, Delta Air Lines, Pood, Drug, and Cosmetic Act (sec. per million. Inc. (Delta), has proposed a revision to iSwd )(1 )’ 68 stat* 512; 21 UJ3.C. 346a The analytical methods proposed in the its reserved-seat youth fare tariff. Sub­ notice is given that a petition petition for determining residues of the sequently Trans World Airlines, Inc. (PP 6F0488) has been filed by FMC fungicide are a colorimetric procedure (Trans W orld), American Airlines, Inc. ^orp., Niagara Chemical Division, 100 based upon measurement at 464 millimi­ (American), United Air Lines, Inc. Niagara Street, Middleport, N.Y., 14105, crons of the color developed by reaction (United), and Braniff Airways, Inc. Proposing the establishment of tolerances of the fungicide With potassium hy­ (B raniff), filed tariff revisions2 by which ior residues of a fungicide which is a droxide, and a gas-liquid chromato­ they seek to revise their respective stand­ mixture of 5.2 parts by weight of am- graphic procedure with a microcoulo- by youth fare plans. All of the proposed oniates of tethylenebis ( dithiocarba- metric detector. revisions would exclude from the opera­ 3 5 nc ***** 1 P art by weight Dated: June 8,1966. tion of these youth fare plans transpor­ einyienebis [dithiocarbamic acid] bimo- tation pursuant to U.S. Government trimolecular cyclic anhydro- J . K . K i r k , transportation requests, and both Braniff umdes and disulfides in or on the raw Assistant Commissioner and United would also exclude transpor­ agricultural commodities named: for Operations. tation pursuant to state or other political 7^ 0^ ^ *)er miUion in or on cherries, [FJR. Doc. 66-6590; Filed, June 14, 1966; subdivision transportation requests. parts per million in or on apples, celery, 8 :5 0 a.m r] No complaints have been filed. In the past the Board has held special tomatoes.*1 erS’ meI Mld reduced fares for the military to be law- npHH^ at^ ]ytical method proposed In tl f u n ïS ÍOf residues of tl ATOMIC ENERGY COMMISSION 1 Delta Air Lines, Inc., Local Youth Tariff P u h £ ä f that of Thomas E. Culli [Docket No. 50-255] N o . 1, C .A .B . N o . 97. 36 ( S ? in ^ alytioal Chemistry, v( 2 Trans W orld Airlines, Inc., Local Standby '*"64), pp. 221-224. CONSUMERS POWER CO. Passenger Tariff No. 3, C.A.B. No. 155; Am eri­ can Airlines, Inc., Local and Joint Standby Dated: Junes, 1966. Notice of Receipt of Application for Tariff No. 6, C.A.B. No. 191. (Delta Air Lines, Construction Permit and Utilization Inc., National Airlines, Inc., United Air Lines, J . K . K i r k , Inc., and Western Air Lines, Inc., partici­ Assistant Commissioner Facility License pated in joint tariffs under American’s C.A.B. No. 191 ) ; United Air Lines, Inc., Local Stand­ . for Operations. The Consumers Power Co., Jackson, by Tariff No. USB-2, C.A.B. No. 226; Braniff hoc. 66-6588; F iled , J u n e 14, 1966; Mich., has submitted an application Airways, Inc., Local Standby Tariff No. 3, 8:50 a .m .] dated June 2, 1966, for construction per- C .A .B . N o . 119.

No. 115------7 FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8382 NOTICES It is ordered, This 9th day of June ful® and has permitted the carriers to order or special permission of the Board; 1966, that the subject petition is granted establish reduced fares for the personal 3. The proceedings ordered herein be travel of servicemen4 and in limited cir­ assigned for hearing before an Examiner and the hearing now scheduled for cumstances for travel pursuant to Gov­ of the Board at a time and place here­ June 13, 1966, is continued to June 20, ernment transportation requests.® after to be designated; and 1966. These special fares were not regarded as 4. Copies of this order be filed with the Released: June 9, 1966. aforesaid tariff and be served upon Delta unlawful because of various justifying F ederal C ommunications Air Lines, Inc., Trans World Airlines, factors such as lower costs, promotion of C o m m is s io n , Inc., American Airlines, Inc., United Air traffic, competition, and the national in­ [ seal] B e n F.W a p le , Lines, Inc., and Braniff Airways, Inc., terest. In the present situation the car­ Secretary. riers have proposed to preclude youths which are hereby made parties to this proceeding. [F.R. Doc. 66-6572; Filed, June 14, 1966; traveling at Government expense from 8 :4 8 a .m .] utilizing reduced fares which are avail­ This order will be published in the able to all other youths between the ages F ederal R egister. [Docket Nos. 14755-14757; FCC 66M-827] of 12 and 22. The allegation that the carriers did not intend to make these By the Civil Aeronautics Board.® JUPITER ASSOCIATES, INC., ET AL. fares available to youths traveling on [ seal] H arold R . S anderson, Order Regarding Hearing Dates Government transportation requests does Secretary. not afford justification for the discrimi­ In re applications of Jupiter Asso­ [F.R. Doc. 66-6569; Filed, June 14, 1966; ciates, Inc., Matawan, N.J., Docket No. nation inherent in such a restriction. 8 :4 8 a .m .] While as noted above there are many ele­ 14755, File No. BP-14178; William S. ments which have been found to justify Halpern and Louis N. Seltzer doing lower fares for Government travel, no [Docket 16987] business as Somerset County Broadcast­ ing Co., Somerville, N.J., Docket No. facts have been alleged, nor are we aware WESTERN MONTANA SERVICE of any, which justify higher charges to 14756, File No. BP-14234; Radio Eliza­ the Government than to other users of INVESTIGATION beth, Inc., Elizabeth, N.J., Docket No. scheduled air transportation? Notice of Prehearing Conference 14757, File No. BP-14812; for construc­ Under these circumstances the Board tion permits. has concluded that the proposed rule Notice is hereby given that a prehear­ Pursuant to an agreement among changes may be unjustly discriminatory, ing conference in the above-entitled counsel at the evidentiary hearing of unduly preferential, unduly prejudicial, matter is assigned to be held on June 30, this date: It is ordered, This 9th day of unjust, and unreasonable and should be 1966, at 10 a.m. (eastern daylight saving June 1966, that the hearing will be re­ investigated. In view of the seriousness time), in Room 911, Universal Building, sumed on July 5, 1966, 10 a.m., in the of the discrimination involved and the Connecticut and Florida Avenues NW., Commission’s offices, Washington, D.C.; absence of any apparent justification for Washington, D.C., before Examiner and, when the hearing recesses on the this proposal, * we have also concluded Richard A. Walslj. latter date, it will be resumed on July 11, that the proposed rules should be sus­ Advance exchange of information re­ 1966,10 a.m. quests are to be filed on or before June pended pending investigation. Released: June 10, 1966. Accordingly, pursuant to the Federal 24, 1966. F ederal C ommunications Aviation Act of 1958, and particularly Dated at Washington, D.C., June 9, C o m m is s io n , sections 204(a), 404, and 1002 thereof, 1966. [ seal] ^ B e n F. W a p le , It is ordered, That: Secretary. 1. An investigation is instituted to de­ [ seal] F rancis W. B r o w n , Chief Examiner. [F .R . D o c. 66-6573; F ile d , J u n e 14, 1966^ termine whether the provisions of the 8:49 a .m .] exception to rule No. 3(A) appearing on [F.R. Doc. 66-6570; Filed, June 14, 1966; 3d Revised Page 5 of American Airlines, 8:48 a .m .] Inc.’s C.A.B. No. 191, rule No. 2(B)(2) [Docket Nos. 16679, 16680; FCC 66M-823] appearing on 2d Revised Page 4 of Bran- RKO GENERAL, INC. (KHJ-TV) AND iff Airways, Inc.’s C.A.B. No. 119, the FEDERAL COMMUNICATIONS FIDELITY TELEVISION, INC. exception to rule No. 2(A) appearing on 2d Revised Page 5 of Delta Air Lines, Order Scheduling Hearing Inc.’s C.A.B. No. 97, the exception to rule COMMISSION No. 2(B) appearing on 2d Revised Page [D o c k e t N o s. 15190, 15191; F C C 6 6 M -8 2 5 ] In re applications of RKO General, Inc. (K H J -T V ), Los Angeles, Calif- 4 of Trans World Airlines, Inc.’s C.A.B. BOARDMAN BROADCASTING CO., No. 155, and rule No. 2(B) (2) appearing Docket No. 16679, File No. BRCT-58, for on 6th Revised Page 5 of United Air Lines, INC., AND DANIEL ENTERPRISES, INC. renewal /of broadcast license; Fidelity Television, Inc., Norwalk, Calif., Docket Inc.’s C.A.B. No. 226 and rules, regula­ Order Continuing Hearing tions, or practices affecting such provi­ No. 16680, File No. BPCT-3655, for con­ sions are, or will be, unjust or unreason­ In re applications of Boardman struction permit for new television able, unjustly discriminatory, unduly Broadcasting Co., Inc., Boardman, Ohio, broadcast station (Channel 9). preferential, unduly prejudicial, or Docket No. 15190, File No. BP-14305; It is ordered, This 6th day of June otherwise unlawful and if found to be Daniel Enterprises, Inc., Warren, Ohio, 1966, that Thomas H. Donahue shall unlawful to determine and prescribe the Docket No. 15191, File No. BP-14886; serve as Presiding Officer in the above- lawful provisions and rules, regulations, for construction permits. entitled proceeding; that the hearing and practices affecting such provisions; Under consideration is Broadcast Bu­ therein shall be convened on September 19, 1966, at 10 a.m.; and that a prehear­ 2. Pending hearing and decision by the reau’s Petition for Continuance of Board, the provisions described in order­ Hearing, filed on June 2, 1966; and ing conference shall be held on July ’ ing paragraph 1 are suspended (so far as It appearing that counsel for Bureau 1966, commencing at 9 a.m.: An°'’ . . . further ordered, That all proceeding applicable to interstate air transporta­ inadvertently consented to the hearing shall be held in the Offices of the com­ tion) to and including September 9,1966, date now scheduled and that that date unless otherwise ordered by the Board is in conflict with another scheduled mission, Washington, D.C. and that no changes be made therein hearing at which he is to participate as Released: June 9,1966. during the period of suspension except by counsel; and F e d e r a l C ommunications It further appearing that the other C o m m is s io n , parties to the proceeding have no objec­ * Military-Tender Investigation, 28 C.A.B. [ se a l] B e n F. W aple , tion to grant of the relief requested; 902,(1959). Secretary. * O rd e r E-19376, M a r. 14, 1963. [F.R. Doc. 66-6574; Filed, June 14, W6 ' “Order E-22929, Nov. 24, 1965; Order E- •Dissenting opinion of Member, John G. 8 :4 9 a .m .] 23194, F e b . 7, 1966. Adams, filed as part of the original document.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8383

[Docket Nos. 16674,16675; FCC 66M-822] ence in the above-styled proceeding held ing. New York Freight Bureau (Hong SANTA ROSA BROADCASTING CO., on this date: It is ordered, This 7th day Kong) has urged that it be permitted to INC. of June 1966, that a further session of file an answering brief herein. such conference will be held on July 18, W e find both positions to be well- Order Scheduling Hearing 1966, at 10 a.m. taken. It is further ordered, That the hearing, In the matter of revocation of license presently scheduled to commence on Accordingly, it is ordered, That the of Santa Rosa Broadcasting Co., Inc., for July 14, 1966, be and it is hereby con­ following changes be made to the order standard broadcasting station WSRA, tinued to a date to be fixed at the further to show cause, served April 28, 1966, as Milton, Fla., Docket No. 16674; in re ap­ prehearing conference. modified by notices served May 16 and plication of Santa Rosa Broadcasting Co., June 2, 1966: Inc., Docket No. 16675, File No. B P H - Released; June 10, 1966. (1) Replies to affidavits of facts and 4640; for construction permit to build a F e d e r a l C ommunications memoranda of law shall be filed by Hear­ new FM broadcast station at Pensacola, C o m m i s s i o n , ing Counsel, States Marine Lines, and Fla. [ s e a l ] B e n F . W a p l e , interveners, if any, no later than close of It is ordered, This 6th day of June Secretary. business June 21, 1966. 1966, that Elizabeth C. Smith will preside (2) Answer of New York Freight Bu­ at the hearing in the above-entitled pro­ [F.R. Doc. 66-6577; Filed, June 14, 1966; 8:49 a.m .j reau (Hong Kong) shall be filed no later ceeding which is hereby scheduled to than close of business June 28, 1966. commence at 10 a.m. on September 14, 1966, in Milton, Fla.: And it is further By the Commission. ordered, That a prehearing conference in the proceeding will be convened by the FEDERAL MARITIME COMMISSION , [ s e a l ] T h o m a s L i s i , Presiding Officer at 9 a.m., on July 11, [Independent Ocean Freight Forwarder Li­ Secretary. 1966, in Washington, D.C. cense 735] [F J t . D o c. 66-6593; H ie d , J u n e 14, 1966; Released: June 9,1966. ACADEMY FORWARDING CORP. 8 :5 0 a .m .]

F e d e r a l C ommunications Revocation of License C o m m i s s i o n , [ s e a l ] B e n F . W a p l e , Whereas, by order to show cause Secretary. served May 26, 1966, the Federal Mari­ FEDERAL POWER COMMISSION time Commission ordered that Academy [Docket Nos. RI66-391 etc.] [F.R. Doc. 66-6575; Filed, June 14, 1966; Forwarding Corp., 15 William Street, 8 :49 a j n . ] New York, N.Y., 10005, on or before June ALMA ORINGDERFF ET AL. 3, 1966, either (1) submit a valid bond [Docket Nos. 16531,16532; FOC 66M-829] effective on or before June 12, 1966, or Order Providing for Hearings on and (2) show cause in writing or request a Suspension of Proposed Changes STATE GAZETTE BROADCASTING CO. hearing to show cause why its license in Rates 1 and McQu een & co ., in c . should not be suspended or revoked pur­ suant to section 44(d), Shipping Act, Ju n e 3,1966. Order Continuing Hearing 1916; and The Respondents named herein have In re applications of State Gazette Whereas, Academy Forwarding Corp. filed proposed increased rates and Broadcasting Co., Dyersburg, Term., has failed within the time allotted to charges of currently effective rate sched­ Docket No. 16531, File No. BPH-4430; comply with the Commission’s order to ules for sales of natural gas under Com­ McQueen & Co., Inc., Dyersburg, Tenn., show cause. mission jurisdiction, as set forth in Ap­ Docket No. 16532, F ie No. BPH-4480; Now, therefore, by virtue of authority pendix A below. for construction permits. vested in me by the Federal Maritime The proposed changed rates and On the Examiner’s own motion, and Commission as set forth in -its order to charges may be unjust, unreasonable, with the consent of all parties con­ show cause served May 26, 1966. unduly discriminatory, or preferential, or cerned: It is ordered, This 9th day of It is ordered, That the independent otherwise unlawful. v16’ that the hearing presently ocean freight forwarder license of Acad­ The Commission finds: It is in the scheduled for June 13, 1966, be, and the emy Forwarding Corp. be and is hereby public interest and consistent with the ®sfne is, hereby continued to June 21, revoked, effective 12:01 a.m., June 12, Natural Gas Act that the Commission i»o6, at the same time and place. 1966. enter upon hearings regarding the law­ It is further ordered, That Academy Released: June 10, 1966. fulness of the proposed changes, and Forwarding Corp. return Independent that the supplements herein be sus­ F e d e r a l C ommunications Ocean Freight Forwarder License No. pended and their use be deferred as C o m m i s s i o n , 735 to the Commission for cancellation. ordered below. " Is e a l ] B e n F . W a p l e , It is further ordered, That a copy of The Commission orders: Secretary. this order be published in the F e d e r a l (A ) Under the Natural Gas Act, par­ R e g i s t e r and served on licensee. [P-R. Doc. 66-6576; Filed, June 14, 1966; ticularly sections 4 and 15, the regula­ 8:49 a .m .j J a m e s E . M a z u r e , tions pertaining thereto (18 CFR Ch. I ) , Director, and the Commission’s rules of practice Bureau of Domestic Regulation. and procedure, public hearings shall be [Docket Nos. 16623,16624; FCC 66M-828] held concerning the lawfulness of the [F.R. Doc. 66-6592; Filed, June 14, 1966; proposed changes. WDIX, INC., AND RADIO 8 :5 0 a .m .] ORANGEBURG, INC. (B) Pending hearings and decisions thereon, the rate supplements herein are Order Continuing Hearing [No. 66-29; Agreement 9431] suspended and their use deferred until date shown in the “Date Suspended Un­ OmnfriLapp3,ications of W DIX, In< HONG KONG CEILING til” column, and thereafter until made No^ P r^ s?-0 '* Docket N o - 16623, F AGREEMENT effective as prescribed by the Natural Gas Oraneew55i ;^Radio Orangeburg, In< Modification of Order Act. N o B P l X k ? ^ ’’ Docket N o - 16624, F Pursnsrl i 2, *or construction permit States Marine Lines has indicated that rived ar T , • agreement of counsel a: it would prefer to be treated as an inter-, during the prehearing confei 1 Does not consolidate for hearing or dis­ vener, not a respondent, in this proceed­ po se o f t h e se v eral m a tte rs h erein .

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8384 NOTICES

(C ) Until otherwise ordered by the Federal Power Commission, Washington, Commission, neither the suspended sup­ D.C., 20426, in accordance with the rules plements, nor the rate schedules sought of practice and procedure (18 CFR 1.8 to be altered, shall be changed until dis­ and 1.37(f)) on or before July 14, 1966. position of these proceedings or expira­ By the Commission. tion of the suspension period. (D ) Notices of intervention or peti­ [ seal] G ordon M. G r an t, tions to intervene may be filed with the Acting Secretary. A ppendix A.

Cents per Mcf Rate in Date Effective effect Rate Supple­ subjèct of annual filing date un­ sus­ sched­ ment Purchaser and producing area to refund Docket Respondent increase tendered less sus­ pended Rate in Proposed No. ule No. pended until— effect increased in docket No. rate Nos.

$4,450 5- 4-66 *6 - 4-66 11- 4-66 » 10.72 * * « 11.61 RI66-391.. Alm a Oringderff Natural Gas Pipeline Co. of Amer­ (Operator), et al., ica (Lips Morrow Field, Ochiltree Post Office Box 926, County, Tex.) (R .R . District No. Perryton, Tex., 10). 79070. 2,692 5- 9-66 «6-9-66 11- 9-66 * * 11.0 r « * « 12.0768 RI66-392... Cities Service Oil Co., Northern Natural Gas Co. (Pan­ Cities Service Bldg., handle Field, Carson and Gray Bartlesville, Okla., Counties, Tex.) (R .R . District No. 10). , „ „ 10 4 5 12.0 74003. 919 5- 9-66 «6-9-66 11- 9-66 *»11.0 ...... do...... 90 12 Kansas-Nebraska Natural Gas Co., Inc. (Hugoton Field, Texas County, Okla.) (Panhandle Area). 73 5- 9-66 «6-9-66 11- 9-66 »12.0 **13.0 .do. 104 3 Panhandle Eastern Pipe Line Co. (Hugoton Field, Morton County, 231 5- 9-66 «6-9-66 11- 9-66 »12.0 »*13.0 RI66-393... Cities Service Oil Co. 123 2 Panhandle Eastern Pipe Line Co. (Operator), et al. (Hugoton Field, Texas County, Okla.) (Panhandle Area). 40,550 5- 9-66 « 6- 9-66 11- 9-66 » 11.0 **12.0 .do. 139 4 Panhandle Eastern Pipe Line Co. (Hugoton Field, Seward, Stevens, Grant, and Morton Counties, Kans.). 68,155 5- 4-66 «6 - 4-66 11- 4-66 « 17.5 H 1* i* 21.1 RI66-394.. Sinclair Oil & Gas Co., 297 » 14 United Fuel Gas Co. (Lake Long (Operator), et al., Field, Lafourche Parish, La.) Post Office Box 521, (South Louisiana). Tulsa, Okla., 74102.

s The stated effective date is the first day after expiration of the statutory notice. »5-step periodic rate increase. « Renegotiated rate increase. * Periodic rate increase. i* Pressure base is 15.025 p.s.i.a. « Pressure base is 14.65 p.s.i.a. u Includes 1.5 cents per Mcf tax reimbursement. n^ket f Subject to a downward B.t.u. adjustment. » Settlement rate approved by Commission order issued Dec. 30, 1963, in oocxei * The stated effective date is the effective date requested by Respondent, i Redetermined rate increase. ^ » i n d Î d l ^ ’lltt e r Agreement dated Mar. 11, 1966, which Provides for the Price * Includes tax reimbursement. . , , , proposed, being the same as the price provided for in the 10th year of the contract. » Settlement rate approved by Commission order issued Dec. 26,1962, in Docket Nos. G-9510, et al.

Alma Oringderff (Operator), et al. (Oring­ The proposed changed rate and charge under its above-designated docket num­ derff), request that their proposed rate in­ may be unjust, unreasonable, unduly dis­ ber with the Secretary of the Commis­ crease be permitted to become'effective as criminatory, or preferential, or otherwise sion its agreement and undertaking to of March 21, 1966, the contractually provided unlawful. comply with the refunding and reporting effective date. Good cause has not been procedure required by the Natural Gas The Commission finds: It is in the pub­ shown for waiving the 30-day notice require­ Act and § 154.102 of the regulations lic interest and consistent with the Nat­ ment provided in section 4(d) of the Natural thereunder, accompanied by a certificate ural Gas Act that the Commission en­ Gas Act to permit an earlier effective date showing service of a copy thereof uP°n for Oringderff’s rate filing and such request ter upon a hearing regarding the lawful­ the purchaser under the rate schedule is d en ied . ness of the proposed change, and-that All of the producers* proposed increased the supplement herein be suspended and involved. Unless Respondent is advised to the contrary within 15 days after the rates and charges exceed the applicable area its use be deferred as ordered below. price levels for increased rates as set forth filing of its agreement and undertaking, in the Commission’s statement of general The Commission orders: such agreement and undertaking shall policy No. 61-1, as amended (18 CFR 2.56). (A ) Under the Natural Gas Act, par­be deemed to have been accepted. ticularly sections 4 and 15, the regula­ [F.R. Doc. 66-6483; Filed, June 14, 1966; (C) Until otherwise ordered by the 8 :4 5 a .m .] tions pertaining thereto (18 CFR Ch. I ), Commission, neither the suspended sup­ and the Commission’s rules of practice plement, nor the rate schedule sought to and procedure, a public hearing shall be be altered, shall be changed until dis­ held concerning the lawfulness of the [Docket No. RI66-395] position of this proceeding or expiratio proposed change. CITIES SERVICE OIL CO. ET AL. (B> Pending hearing and decision of the suspension period. (D ) Notices of intervention or peti­ Order Providing for Hearing on and thereon, the rate supplement herein is Suspension of Proposed Change in suspended and its use deferred until date tions to intervene may be filed with the Federal Power Commission, Washing­ Rate, and Allowing Rate Change To shown in the “Date Suspended Until” column, and thereafter until made effec­ ton, D.C., 20426, in accordance with the Become Effective Subject to Refund tive as prescribed by the Natural Gas rules of practice and procedure (18 CFR Act: Provided, however, That the sup­ J u n e 6,1966. 1.8 and 1.37(f)) on or before July 14- plement -to the rate schedule filed by Respondent named herein has filed a 1966. proposed change in rate and charge of a Respondent shall become effective sub­ currently effective rate schedule for the ject to refund on the date and in the By the Commission. sale of natural gas under Commission manner herein prescribed if within 20 days from the date of the issuance of this [ seal] G ordon M . G rant. jurisdiction, as set forth in Appendix A Acting Secretary. hereof. order Respondent shall execute and file

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8385

A ppendix A

Cents per Mcf Rate in Rate Supple­ Amount Date Effective Date effect Docket Respondent sched­ ment Purchaser and producing area of annual filing date un­ sus­ subject No. ule No. increase tendered less sus­ pended Rate in Proposed to refund No. pended until effect increased in docket rate Nos.

RI66-395... Cities Service Oil Co., 107 9 Phillips Petroleum C o .7 (Hugoton $20,295 5-9-66 36-9-66 3 6-10-66 »11.0 4 3 « 7 11.099 RI65-298 (Operator), et al., Field, Sherman County, Tex.) Cities Service Bldg., (R .R . District No. 10). Bartlesville, Okla., 74003.

i Phillips resells 50 percent of the subject gas to Michigan-Wisconsin Pipe Line Co. 3 The stated effective date is the effective date requested by Respondent. under its F P C Gas Rate Schedule No. 4 (Sherman Plant) at a rate of 15.22 cents plus 3 The suspension period is limited to 1 day. tax reimbursement which is in effect subject to refund in Docket No. RI65-526, and 4 Tax reimbursement increase. * 36 percent of the gas to E l Paso Natural Gas Co. under its F P C Gas Rate Schedule * Pressure base is 14.65 p.s.i.a. No. 32 (Dumas Plant) at a rate of 19.76325 cents which is in effect subject to refund in 3 Includes tax reimbursement. Docket No. G-20403. 14 percent of the gas is used by Phillips at its Cactus Plant, 7 Subject to 0.5-cent per Mcf reduction for sour gas. Moore County, Tex. The proposed rate increase of Cities Service The Commission finds; It is in the pub­ Oil Co. (Operator), et al. (Cities Service), is lic interest and consistent with the Nat­ for a wellhead sale of gas to Phillips Petro­ leum Co. (Phillips) who gathers and proc­ ural Gas Act that the Commission enter esses the gas. It resells the residue gas to upon hearings regarding the lawfulness Michigan Wisconsin Pipe Line Co. and El of the proposed changes, and that the Paso Natural Gas Co. (El Paso) at rates of supplements herein be suspended and 15.22 cents, plus applicable tax reimburse­ their use be deferred as ordered below. ment, and 19.76325 cents, respectively. Both The Commission orders: rates are in effect subject to refund. Cities Service^ proposed increased rate exceeds (A ) Under the Natural Gas Act, par­ the area increased rate ceiling even though ticularly sections 4 and 15, the regula­ such ceiling is applicable to Phillips’ resale tions pertaining thereto (18 CFR Ch. I ), rate, not Cities Service’s rate. Since Phillips’ and the Commission’s rules of practice resale rates are in effect subject to refund, and procedure, public hearings shall be we conclude that Cities Service’s proposed held concerning the lawfulness of the rate should be suspended for one day from proposed changes. June 9, 1966, the proposed effective date. (B) Pending hearings and decisions [F .R . D o c. 66-6484; P ile d , J u n e 14, 1966; 8 :45 a .m .] thereon, the rate supplements herein are suspended and their use deferred until date shown in the “Date Suspended [Docket Nos. RI66-397, etc.] Until” column, and thereafter until TEXACO, INC., ET AL. made effective as prescribed by the Nat­ Order Providing for Hearings on and ural Gas Act. (C) Until otherwise ordered by the Suspension of Proposed Changes Commission, neither the suspended sup­ in Rates 1 plements, nor the rate schedules sought J u n e 7, 1966. to be altered, shall be changed until dis­ The Respondents named herein have position of these proceedings or expira­ filed proposed increased rates and tion of the suspension period. charges of currently effective rate sched­ (D ) Notices of intervention or peti­ ules for sales of natural gas under Com­ tions to intervene may be filed with the mission jurisdiction, as set forth in Ap­ Federal Power Commission, Washington, pendix A hereof. D.C., 20426, in accordance with the rules The proposed changed rates and charges may be unjust, unreasonable, of practice and procedure (18 CFR 1.8 unduly discriminatory, or preferential, and 1.37(f)) on or before July 15, 1966. or otherwise unlawful. By the Commission.

1 Does not consolidate for hearing or dis­ [ s e a l ] J o s e p h H . G u t r i d e , pose of the several matters herein. Secretary.

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8386 NOTICES

A ppendix A

Cents per Mcf Rate in Rate Supple­ Date Effective Date effect filing date un­ sus­ subject Docket Respondeat sched­ ment Purchaser and producing area of annual increase tendered less sus­ pended Rate in Proposed to refund No. ule No. No. pended until— effect increased in docket rate Nos.

5- 9-66 *7-23-66 12-23-66 11.0 » ‘ 12.0 RI66-397..., Texaco Inc., Post 242 4 Panhandle Eastern Pipe Line Co. $540 Office Box 2420, (Hugoton Field, Stevens County, Tulsa, Okla., 74102. Kans.). 167 13 Northern Natural Gas Co. (Inter- 73,900 5- 9-66 *6 - 9-66 11- 9-66 • » 11.0 « ‘ • 14.0 RI65-26. RI66-398— Cities Service Oil Co. 4 8 8 14. 0 (Operator), et at. - mediate Zone, Hugoton Field, « s i 2. o Cities Service Bldg., Finney, Grant, Kearney, Haskell, Bartlesville, Okla., Seward, and Morton Counties, 731QL Kans.). 11- 9-66 « 711.0 « 8 « 16. 0 RI65-26. ____ do...... 168 Northern Natural Gas Co. (Deep 45,600 5- 9-66 *6 - 9-66 13 Zone, Hugoton Field, Finney, « 812.0 * » « 16,0 Grant, Kearney, Haskell, Seward, and Morton Counties, Kans.). 11- 9-66 « « 12.0 4 5 » 14. 0 RI65-26. ____ do...... - ...... 170 13 Northern Natural Gas -Co. (Inter­ 5,580 5- 9-66 *6-9-66 mediate Zone, Hugoton Area, Texas County, Okla.) (Panhandle

171 13 Northern Natural Gas Co. (Deep 111,520 5- 9-66 *6-9-66 11- 9-66 » « 12.0 « 5 « 16.0 R 165-26. Zone, Hugoton Field, Texas County, Okla.) (Panhandle Area). 126 6 Northern Natural Gas Co. (Hugo­ 75,000 5- 9-66 *6 - 9-66 11- 9-66 «12.0 * « * 13.5 ton Field, Haskell County, Kans.). 364 * 6- 9-66 11- 9-66 12.0 » ‘ 13.0 RI66-399... Cities Service Oil C o.. 130 2 E l Paso Natural Gas Co. (Beckham 5- 9-66 and Grew Counties, Okla.) (Oklahoma "Other” Area). . 14,000 5-10-66 *6-11-66 11-11-66 11.0 « 412.0 RI66-400__ Robert P. Wilson, et 2 »4 Panhandle Eastern Pipe Line Co. al., c/o McKee & (Hugoton Field, Grant County, Paris, 1411 National Kans.). Bank of Tulsa Building, Tulsa, Okla. 133 5- 9-66 * 6- 9-66 11- 9-66 1*20.6 * n 22.0 RI66-401... Sun Off Co., 1608 Wal­ 66 1» 11 United Gas Pipe Line Co. (Pistol nut Street, Phila­ Ridge Field, Forrest, Lamar, and delphia, Pa., 19103. Pearl River Counties, Miss). Attn.: Mr. C. E. Webber. 5-13-66 *6-22-66 11-22-66 15.20 » U 16.2160 RI65-364. RI66-402... Amerada Petroleum - 60 4 Transcontinental Gas Pipe Line 3,656 Corp., Post Office Corp. (Tilden Field, McMullen Box 2040, Tulsa, County, Tex.) (R .R . District Okla., 74102. No. 1).

2 The stated effective date is the effective date requested by Respondent. acreage under Rate Schedule Nos. 167 and 168 other than Hoffman A and Smith 3 Periodic rate increase. Units.) ' , • Not applicable to acreage added under Supplement Nos. 1 and 3 (periodic escala­ « Pressure base is 14.66 p.s.i.a. ' ...... « Respondent flung to rate provided for initial pricing period under superseding tion under such supplements not due until May 4, 1969). 10 Pertains only to acreage covered by Supplement No. 5. « Subject to a downward B.t.u. adjustment. 11 Pressure b a s e » 15.025 p.s.i.a. 7 Present effective rate for Hoffman A and Smith K Units. is Price as provided by Opinion No. 445 issued Oct. 26,1964, granting Sun a perma­ » Effective subject to refund in Docket No. RI65-26. (Present effective rate for nent certificate authorizing the subject sale in Docket No. G-8592.

All of the producers’ proposed increased unduly discriminatory, or preferential, each execute and file under its above- rates and charges exceed the applicable area or otherwise unlawful. designated docket number with the Sec­ price levels for increased rates as set forth The. Commission finds: It is in the retary of the Commission its agreement in the Commission's statement of general public interest and consistent with the and undertaking to comply with the re­ policy No. 61-1, as amended (18 CFR 2.56) .„ Natural Gas Act that the Commission funding and reporting procedure re­ [F.R. Doc. 66-6486; Filed, June 14, 1966; enter upon hearings regarding the law­ quired by the Natural Gas Act and 8 :4 5 a .m .] fulness of the proposed changes, and § 154.102 of the regulations thereunder, that the supplements herein be sus­ accomjianied by a certificate showing service of copies thereof upon all pur­ [Docket Nos. RI66-403, etc.] pended and their use be deferred as ordered below. chasers under the rate schedule involved. Unless Respondents are advised to the TEXACO, INC., AND CHAMPLIN The Commission orders: contrary within 15 days after the filing PETROLEUM CO. (A ) Under the Natural Gas Act, par­ of their respective agreements and un­ ticularly sections 4 and 15, the regula­ Order Providing for Hearing on and dertakings, such agreements and under­ tions pertaining thereto (18 CFR Ch. I ) , takings shall be deemed to have been Suspension of Proposed Changes in and the Commission’s rules of practice accepted- . Rates, and Allowing Rate Changes and procedure, public hearings shall be (C ) Until otherwise ordered by the To Become Effective Subject to held concerning the lawfulness of the Commission, neither the suspended sup­ Refund 1 proposed changes. plements, nor the rate schedules sought (B) Pending hearings and decisions J u n e 7,1966. to be altered, shall be changed until dis­ thereon, the rate supplements herein are position of these proceedings or expira­ The Respondents named herein have suspended and their use deferred until filed proposed changes in rates and tion of the suspension period. date shown in the “Date Suspended U n­ (D ) Notices of intervention or peti­ charges of currently effective rate sched­ til” column, and thereafter until made ules for sales of natural gas under Com­ tions to intervene may be filed with the effective as prescribed by the Natural Federal Power Commission, Washington, mission jurisdiction, as set forth in Ap­ Gas Act: Provided, however, That the pendix A hereof. D.C., 20426, in accordance with the rules supplements to the rate schedules filed of practice and procedure (18 CFR l-8 The proposed changed rates and by Respondents, as set forth herein, shall and 1.37(f)) on or before July 15, l»®0- charges may be unjust, unreasonable, become effective subject to refund on the date and in the manner herein prescribed By the Commission.

1 Does not consolidate for hearing or dis- tf within 20 days from the date Of the [ s e a l ] Joseph H. G utride, pose of the several matters herein. issuance of this order Respondents shall Secretary.

FEDERAL REGISTER, VOL. 31, NO. T15— WEDNESDAY, JUNE 15, 1966 NOTICES 8387

A ppendix A

Cents per Mef Rate in Rate Supple- Amount Date Effective Date effect Docket Respondent sched­ ment Purchaser and producing area of annual filing date un­ sus­ subject No. ule No. increase tendered less sus­ pended Rate in Proposed ; to refund No. pended until— effect increased in docket rate Nos.

r Texaco, Inc., Post RI66-403__ 144 8 Phillips Petroleum Co.1 (Hugoton $230 5-13-66 3 6-13-66 <6-14-66 »*10.1811 “ » 11.0182 RI66-82. Office Box 52332, Field, Hansford County, Tex.) Houston, Tex., (R.R. DistrietNo. 10). 77052, Attn.: Mr. R. C. Shields. RI6e-40*i . Champlin Petroleum »•90 1 Panhandle Eastern Pipe Line_Co. 270 5-13-66 »»7- 1-66 <7- 2-66 »16.0 • » >s 17.0 Co., Post Office Box (Carthage Area, Texas. County, 9365, Fort Worth, Okla.) (Panhandle Area). Tex., 76107.

1 Phillips resells the gas under its F P C Gas Rate Schedule N o. 4 to Michigan Wis­ base price of 9.3796 cents times 100). Total rate includes 0.1468 cent tax reimburse­ consin Pipe Line^ Go. at a present effective rate of 15.22 cents plus applicable tax ment. reimbursement, which was made effective subject to refund in Docket No. RI65-526 • Based on 149.937 percent of base rate of 7.1463 cents less 0.4466 cent adjustment for on Dec. 10,1965. sour gas (149.937 percent equals Phillips’ previous rate of 14.0635 cents divided by 3 The stated effective date is the first day after expiration of the statutory notice. Phillips’ base price of 9.3796 cents times 100). Total rate includes 0.1356 cent tax 4 The suspension period is limited to 1 day. reimbursement. * Revenue-sharing rate increase. _ »«■ Contract dated after Sept. 28, 1960, the date of issuance of General Policy State­ ‘ Pressure base is 14.66 p.s.i.a. ment No. 61-1. » Subject.to a downward B.t.u. adjustment. 8 The stated effective date is the effective date requested by Respondent. •Based on 162.267 percent of base rate of 7.1463 cents less 0.4466’cent adjustment for »« Periodic rate increase. sour gas (162.267 percent equals Phillips’ present rate of 15.22 cents divided by Phillips’

Texaco, Inc. (Texaco), requests a retro­ the petition to amend which is on file [Project No. 2413] active effective d a te o f D e ce m b e r 10, 1966, th e with the Commission and open to public date Phillips' related resale rate became ef­ inspection. GEORGIA POWER CO. fective subject to refund. Good cause has not been shown for waiving the 30-day no­ By order issued in the instant docket Notice of Application for License for tice req u irem en t p ro v id e d in sectio n 4 ( d ) o f on March 10, 1965, Petitioner was the Natural Gas Act to permit an earlier granted authorization necessary to im­ Unconstructed Project effective date for Texaco’s rate filing and plement the purchase and receipt of J u n e 7, 1966. such request is denied. natural gas from Colorado Interstate Texaco’s proposed revenue-sharing rate Public notice is hereby given that increase is for the sale of gas to Phillips Gas Co. (Colorado) at two points situ­ ated, respectively, at the existing inter­ application has been filed under the Petroleum Co. (Phillips) from the Hugoton Federal Power Act (16 U.S.C. 791a-825r) Field, Hansford County, Tex. (Railroad Dis­ connection of Colorado’s facilities with trict No. 10)!. Phillips gathers the gas and the facilities of Northern Natural Gas by Georgia Power Go. (correspondence processes it in its Sherman Gasoline Plant Co. (Northern) in Moore County, Tex. to: E. C. Hammond, Vice President and and resells the residue gas to Michigan W is­ (Northern delivery point), and at the Secretary, Georgia Power Co., Post O f­ consin Pipe Line Co. under its FPC Gas Rate intersection of Colorado’s facilities with fice Box 4545, Atlanta, Ga., 30302) for Schedule No. 4 at a rate of 15.22 cents plus the facilities of Petitioner in Moore license for unconstructed Project No. applicable tax reimbursement which is in County, Tex. (Fourway delivery point), 2413, known as the Laurens Shoals Proj­ effect su b ject to r e fu n d in D o c k e t N o . R I6 5 - ect, to be located on the Oconee River, 526. Texaco’s proposed revenue-sharing in­ for a limited term continuing through in Putnam, Morgan, Oconee, Oglethorpe, crease is based o n P h illip s ’ resale rate . T e x ­ February 29, 1968. No additional facili­ aco’s proposed increased rate exceeds the ties were required by either party at the Greene, and Hancock Counties, Ga. area increased- rate ceiling even though such existing Northern delivery point. A t the The proposed Laurens Shoals Project ceiling is applicable to Phillips’ resale rate, Pourway delivery point, interconnecting will consist of: (1) A dam located at not Texaco’s rate. Since Phillips’ resale rate and metering facilities were required and about river mile 173, about 120 feet high is in effect subject to refund, we conclude and approximately 3,700 feet long com­ that Texaco’s rate should be suspended for were authorised by the subject order. one day fro m J u n e 13, 1966, t h e d a te o f ex ­ Petitioner states that Colorado has prised of earth embankment sections, a piration of the statutory notice. made deliveries to Northern for Peti­ concrete intake section and a concrete The contract related to the rate filing pro­ tioner’s account at the Northern delivery spillway section with four radial gates pped by Champlin Petroleum Co. (Cham­ point as authorized by the subject order, each 42 feet wide by 50 feet high; (2) a ps*11) was executed subsequent to September but that deliveries have not been made reservoir that at normal full pool eleva­ 28, 1960, the date of issuance of the Com- tion 435 feet has a gross capacity of nussion’s Statement of General Policy No. at the Fourway delivery point and are not contemplated at such point. Peti­ approximately 470,000 acre-feet and a 6*-l, as amended, the proposed increased surface area of about 21,000 acres, ex­ rate is above the applicable area ceiling for tioner further states that facilities au­ ncreased rates but below the initial service thorized to be constructed and operated tending approximately 29 miles up­ ceiling for the area involved. W e believe, by both Petitioner and Colorado at such stream; (3) an outdoor-type powerhouse “? tbls situation, Champlin’s rate filing point have not been installed since oper­ with a total installed capacity of 324,000 i io be suspended for one day from July ating experience has proved such addi­ kw consisting of two conventional gen­ ’ i966, the prop osed effective d ate. tional delivery point, originally proposed erating units rated at 54,000 kw each, [F.R. D oc. 66-6487; Piled, June 14, 1966; to permit flexibility of operation, to be and four reversible pump-turbine units 8:45 a m . } unnecessary. Accordingly, Petitioner re­ each rated at 75,000 hp as a pump and quests that the subject order be amended 54,000 kw as a generator; (4) an ex­ cavated tailrace to make downstream [Docket No. CP65-153] so as to delete therefrom authorization to construct and operate the Fourway Sinclair Reservoir of Project No. 1951 EL PASO NATURAL GAS CO. delivery point facilities which consist of available as lower reservoir for pumped- storage operation of Project No. 2413; Nbfice of Petition To Amend a tap and side-gate valve. Protests or petitions to intervene may (5) a 230-kv substation with transformer JUNE (, 1» 0 be filed with the Federal Power Com­ capacity of 360,000 kva; and (6) appur­ Pair1 ”otice that on May 27, 1966 mission, Washington, D.C., 20426, in ac­ tenant facilities. S J g ta n a Gas Co. (Petitioner), 1 cordance with the rules of practice and Protests or petitions to intervene may procedure (18 CFR 1.8 or 1.10) and the in 1^92’ E1 Paso> Tex., 79999,1 be filed with the Federal Power Com­ No. CP65-153 a petition regulations under the Natural Gas Act. mission, Washington, D.C., 20426, in onMadrJ?in0rder issued “ said do< (§157.10) on or before July 5, 1966. accordance with the rules of practice f i t 10/.1965 (33 s r c 519)» **** tion tn de*eilon therefrom of author J o s e p h H. G u t r i d e , and procedure of the Commission (18 Wav riPii?,nstruct.and operate the Fc Secretary. CFR 1.8 or 1.10) . The last day upon Countv fiabilities in M< [F.R. Doc. 66-6523; Filed, June 14, 1966; which protests or petitions may be filed y> Tex., all as more fully set fort 8 :4 5 a .m .] is July 25, 1966. . The application is on FEDERAL REGISTER, VOL. 31, NO. TT5— WEDNESDAY, JUNE 15, 1966 8388 NOTICES file with the Commission for public in­ orders, travelers checks and canceled No. MC 119777 (Sub-No. 62 TA), filed spection. \bonds and accounting papers relating June 7, 1966. Applicant: LIG O N SPE­ J oseph H. G u trid e , thereto, including originals and copies of CIALIZED HAULER, INC., Post Office Secretary. cash letters, letters of transmittal, sum­ Box 31, W . S. Highway 41 South, Madi- mary sheets, adding machine tapes, de­ sonville, Ky., 42431. Applicant’s repre­ [ P R . D oc. 66-6524; P ile d , J u n e 14, 1966; posit records, withdrawal slips and debit sentative: Fred F. Bradley, Suite 202- 8 :4 5 a .m .] and credit records (except coin, currency, 204, Court Square Office Building, 213 St. bullion and negotiable securities), (1) Clair Street, Frankfort, Ky., 40601. between Manchester, N.H., on the one Authority sought to operate as a common INTERSTATE COMMERCE hand, and, on the other, New York, N.Y.; carrier, by motor vehicle, over irregular and (2) between Evansville, Ind., on the routes, transporting: Wood fiberboard, COMMISSION one hand, and, on the other, points in wood fiberboard faced or finished with [Notice 195] Crawford, Edwards, Gallatin, Hamilton, decorative or protective materials and Hopkins, Jasper, Marion, McCracken, accessories and supplies used in the in­ MOTOR CARRIER TEMPORARY Richland, Saline, Union, Wabash, stallation thereof when moving with AUTHORITY APPLICATIONS Wayne, and White Counties, Ind.; and shipments of such wood fiberboard, from Crittendon, Daviess, Henderson, Hop­ Chicago, 111., to points in Alabama, Ju n e 10, 1966. kins, Livingston, Union, and Webster Arkansas, Delaware, District of Colum­ The following are notices of filing of Counties, Ky., for 180 days. Supporting bia, Florida, Georgia, Illinois, Indiana, applications for temporary authority shippers: The Manchester N a t io n a l Iowa, Kansas, Kentucky, Louisiana, under section 210a (a) of the Interstate Bank, Manchester, N.H.; Old National Maryland, Michigan, Minnesota, Missis­ Commerce Act provided for under the Bank in Evansville, Evansville, Ind. sippi, Missouri, Nebraska, North Caro­ new rules in Ex Parte No. MC 67 (49 Send protests to: E/ N. Carignan, Dis­ lina, North Dakota, Ohio, Oklahoma, C F R Part 240), published in the F ederal trict Supervisor, Bureau of Operations Pennsylvania, J3outh ’ Carolina, South R egister, issue of April 27,1965, effective and Compliance, Interstate Commerce Dakota, Tennessee, Texas, Virginia, West July 1, 1965. These rules provide that Commission, 346 Broadway, New York, Virginia, jm d Wisconsin, for 180 days. protests to the granting of an applica­ N.Y., 10013. Supporting shipper: Walter Sawicki, tion must be filed with the field official No. MC 114533 (Sub-No. 141 TA), filed traffic manager and sales manager, named in the F ederal R egister publica­ June 7, 1966. Applicant: B. D. C. COR­ Prestile Manufacturing Co., 5850 West tion, within 15 calendar days after the PORATION, 4970 South Archer Avenue, Ogden, Chicago, 111., 60650. Send pro­ date notice of the filing of the applica­ Chicago, 111., 60632. Authority sought tests to: W :ayne L. Merilatt, District tion is published in the F ederal R egis­ to operate as a common carrier, by motor Supervisor, Bureau of Operations and te r . One copy of such protest must be vehicle, over irregular routes, transport­ Compliance, Interstate Commerce Com­ served on the applicant, or its authorized ing: Papers used in the processing of mission, 426 Post Office Building, Louis­ representative, if any, and the protest data by computing machines, punch ville, Ky., 40202. must certify that such service has been cards, magnetic encoded documents, No. MC 119777 (Sub-No. 63 TA), filed made. The protest must be specific as magnetic tape,' punch paper tape, printed June 7, 1966. Applicant: LIG O N SPE­ to the service which such protestant can reports and documents and office records, CIALIZED HAULER, INC., Post Office and will offer, and must consist of a between Chicago, 111., on the one hand, Box 31, W . S. Highway 41 South, Madi- signed original and six (6) copies. and, on the other, Kenosha, Wis., and sonville, Ky., 42431. Applicant’s repre­ A copy of the application is on file, Greenwood, Ind., for 150 days. Support­ sentative: William G. Thomas (same and can be examined, at the Office of ing shipper: Maling Brothers, Inc., 1400 address as above). Authority sought to the Secretary, Interstate Commerce West Wrightwood Avenue, Chicago 14, operate as a common carrier, by motor Commission, Washington, D.C., and also {111. Send protests to: Charles J. vehicle, over irregular routes, transport­ in the field office to which protests are Kudelka, District Supervisor, Bureau of ing: Guard rail, guard rail posts, and to be transmitted. Operations and Compliance, Interstate accessories, from Evansville, Ind., to M otor C arriers of P ro perty Commerce Commission, Room 1086, U.S. points in Alabama, for 180 days. Sup­ Courthouse and Federal Office Building, porting shipper: Barry T. Shapiro, vice No. M C 110525 (Sub-No; 787 TA), 219 South Dearborn Street, Chicago, 111., president, Anderson “Safeway” Guard filed June 7, 1966. Applicant: CHEM I­ 60604. Rail Corp., Box 4499, Station A, Evans­ CAL LEAMAN TANK LINES, INC., 520 No. MC 115826 (Sub-No. 146 TA), filed ville, Ind., 47711. Send protests to: East Lancaster Avenue, Downingtown, June 7, 1966. Applicant: W. J. DIGBY, Wayne L. Merilatt, District Supervisor, Pa., 19335. Applicant’s representative: INC., 1960 31st Street, Post Office Box Bureau of Operations and Compliance, Edwin H. van Deusen (same address as 5088, Terminal Annex, Denver, Colo., Interstate Commerce Commission, 426 above). Authority sought to operate as 80217. Applicant’s representative: John Post Office Building, Louisville, Ky., a common carrier, by motor vehicle, over F. DeCock (same address as above). 40202. irregular routes, transporting: Boron Authority sought to operate as a com­ By the Commission. trifluoride gas, in tube trailers, from mon carrier, by motor vehicle, over irreg­ Marcus Hook, Pa., to Baytown, Tex., for ular routes, transporting: Frozen foods; [ s e a l ] H. N e i l G a r s o n , 150 days. Supporting shipper: Allied and meat and packinghouse products as Secretary. Chemical Corp., 40 Rector Street, New defined by the Commission, from Colo­ [F.R. Doc. 66-6564; Filed, June 14, 1966; York, N.Y., 10006. Send protests to: rado Springs, Colo., and Denver, Colo., 8 :4 8 a .m .] Peter R. Guman, District Supervisor, to points in Arizona, for 180 days. Sup­ Bureau of Operations and Compliance, porting shippers: Mapelli-Lindner-Sig- [Notice 934] Interstate Commerce Commission, 900 man, Ltd., Post Office Box 5103, T. A., U.S. Customhouse, Philadelphia, Pa., Denver, Colo., 80217; Shurtenda Steaks, MOTOR CARRIER APPLICATIONS AND 19106. Inc., 2452 West Second Avenue, Denver, CERTAIN OTHER PROCEEDINGS No. MC 111729 (Sub-No. 158 TA), filed Colo., 80223; Foster Frosty Foods, Inc., Ju n e 10, 1966. June 7, 1966. Applicant: ARMORED 1421 Oneida Street, Denver, Colo., 80220; CARRIER CORPORATION, 222-17 Johnson Food Co., 201 Lee Street, Colo­ The following publications are gov­ Northern Boulevard, DeBevoise Building, rado Springs, Colo., 80907; and Arac erned by Special Rule 1.247 of the Co®" Bayside, N.Y., 11361. Applicant’s repre­ Brand Meats, Inc., 240 Bryant Street, mission’s rules of practice, published in sentative: J. K. Murphy (same address Denver, Colo., 80219. Send protests to: the F ederal R egister issue of April 20, 1966, which became effective May as above). Authority sought to operate Herbert C. Ruoff, District Supervisor, as a common carrier, by motor vehicle, 1966. , .h Bureau of Operations and Compliance, over irregular routes, transporting: Com­ The publications hereinafter set fort mercial papers, documents and written Interstate Commerce Commission, 2022 reflect the scope of the applications instruments, including originals and Federal Office Building, Denver, Colo., filed by applicant, and may delude a " copies of checks, drafts, notes, money 80202. , scriptions, restrictions, or limitatio

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8389 which are not in a form acceptable to groups, in charter operations in roundr- and to conform to the requirements of the Commission. Authority which ulti­ trip, all expense tours, beginning and the Interstate Commerce Act and with mately may be granted as a result of ending in Cherry Hill, N.J., and extend­ the Commission’s rules and regulations the applications here noticed will not ing to points in Pennsylvania, New York, thereunder. Because members of the necessarily reflect the phraseology set and Vermont. An order of the Commis­ public who relied upon notice of the forth in the application as filed, but also sion, Operating Rights Board No. 1, dated application as published in the F ederal will eliminate any restrictions which are May 25, 1966, and served June 2, 1966, R egister may have an interest which has not acceptable to the Commission. finds that operation by applicant at been prejudiced by lack of notice, a notice Cherry Hill, N.J., as a broker in arrang­ of the authority actually granted herein Applications Assigned for O ral H earing ing for transportation by motor vehicle, will be published in the Federal R egister, MOTOR CARRIERS OF PROPERTY in interstate or foreign commerce, of and any proper party in interest may passengers and their baggage, An all ex­ file an appropriate pleading within a No. MC 107002 (Sub-No. 307) , filed pense, round-trip tours, in special and period of 30 days from the date of such May 16, 1966. Applicant: HEARIN- charter operations beginning and ending publication. MILLER TRANSPORTERS, INC., Post in Cherry Hill, N.J., and extending to Office Box 1123, Highway 80 West, Jack- No. MC 78118 (Sub-No. 14) (Republi­ points in Pennsylvania, New York, and son, Miss., 39205. Applicant’s repre­ cation), filed January 27,1966, published Vermont, will be consistent with the pub­ sentative: E. Stephen Heisley, Transpor­ F ederal R egister issue of February 17, lic interest and the national transporta­ tation Building, Washington, D.C., 20006, 1966, and republished, this issue. Appli­ tion policy; that applicant is fit, willing, and H. D. Miller, Jr., Post Office Box cant: W. H. JOHNS, INC., 35 Witmer and able properly to perform such serv­ 1250, Jackson, Miss., 39205. Authority Road, Lancaster, Pa. Applicant’s repre­ ice and to conform to the requirements sought to operate as a common carrier, sentative: Christian V; Graf, 407 North of the Interstate Commerce Act and the by motor vehicle, over irregular routes, Front Street, Harrisburg Pa. By appli­ Commission’s , rules- and regulations transporting: Fertilizer, fertilizer solu­ cation filed January 27, 1966, applicant thereunder. Because it is possible that tions, fertilizer ingredients and mate­ seeks a certificate of public convenience other parties, who have relied upon the rials, and urea, in bulk and in bags, from and necessity authorizing operation, in notice of the application as so published, Lake Charles, La., to points in Texas, interstate or foreign commerce, as a may have an interest in and would be Oklahoma, Arkansas, and Mississippi. common carrier by motor vehicle, over prejudiced by the lack of proper notice of HEARING: July 11, 1966, at the Fed­ irregular routes, of glass containers, not the authority described in the findings eral Office Building, 701 Loyola Avenue, exceeding 1 gallon in capacity, from the herein, a notice of the authority actually New Orleans, La., before Examiner warehouse of Knox Glass, Inc., in Elk granted will be published in the Federal Leo A. Riegel. Township, Clarion County, Pa., to points R egister and issuance of a license herein No. MC 117119 (Sub-No. 377) , filed in Virginia, North Carolina, South Caro­ will be withheld for a period of 30 days May 18, 1966. Applicant: W ILLIS lina, Georgia, and Florida. An order of from the date of such publication, dur­ SHAW FROZEN EXPRESS, INC., Elm the Commission, Operating Rights Board ing which period any proper party in Springs, Ark., 72728. Applicant’s repre­ No. 1, dated May 25, 1966, and served interest may file an appropriate protest sentative: John H. Joyce, 26 North Col­ June 7, 1966, finds that the present and or other pleading. lege, Fayetteville, Ark. Authority sought future public convenience and necessity No. MC 22278 (Sub-No. 26) (Republi­ to operate as a common carrier, by motor require operation by applicant, in inter­ cation), filed July 29, 1965, published vehicle, over irregular routes, transport­ state or foreign commerce, as a common F ederal R egister issue of August 19,1965, ing: Frozen foods, dessert topping; in carrier by motor vehicle, over irregular and republished, this issue. Applicant: cans (aerated or nonaerated)', boxes, or routes, of glass containers, from the TAKEN BROS. FREIGHT LINE, INC., fruit tins, coffee whitener, in cartons, warehouse site of Knox Glass, Inc., in Post Office Box 5000, Waterloo, Iowa. plastic bottles, for use in tea, coffee, cere­ Elk Township, Clarion County, Pa., to Applicant’s representative: Truman A. als, and cooking and in dry form when points in Virginia, North Carolina, South Stockton, Jr., The 1650 Grant Street shipped in small quantities not to exceed Carolina, Georgia, and Florida; that ap­ Building, Denver, Colo. By application 10 percent of the truckload, and bakery plicant is fit, willing, and able properly to filed July 29,1965, applicant seeks a certi­ Soods, such, as eclairs and chocolate rolls, perform such service and to conform to ficate of public convenience and neces­ in boxes, not to exceed 10 percent of the the requirements of the Interstate Com­ sity authorizing operation, in interstate merce Act and the Commission’s rules truckload, from Buffalo, N.Y., to Prince­ or foreign commerce, as a common ton, Charleston, Clarksburg, Huntington, and regulations thereunder. Because it carrier by motor vehicle, over regular is possible that other parties, who have and Parkersburg, W. Va., and Roanoke, routes, transporting dairy products and Lynchburg, Salem, and Bristol, Va., and relied upon the notice of the application bakery goods, serving Deerfield, 111., as an as published, may have an interest in Points in North Carolina, South Carolina, off-route point in connection with Kentucky, Georgia, Tennessee, Alabama, and would be prejudiced by the lack of applicant’s authorized regular-route op­ Florida, Louisiana, Mississippi, and A r­ proper notice of the authority described kansas. erations between Hudson, Iowa, and in the findings in this order, a notice of Chicago, HI. A report of the Commis­ HEARING: June 30, 1966, at the Post the authority actually granted will be sion, Operating Rights Review Board No. published in the F ederal R egister and JJfflce Building, Ellicott and Swan 3, decided May 18, 1966, and served May •Buffalo> N.Y., before Examiner issuance of a certificate in this proceed­ Samuel Horwich. 31,1966, finds that the present and future ing will be withheld for a period of 30 public convenience and necessity require No. MC 12975 (Republication), filed days from the date of such publication, operation by applicant, in interstate or during which period any proper party in ember 20, 1965, published F ederal foreign commerce, as a common carrier interest may file an appropriate protest r e g is t e r issues of January 20, 1966, and by motor vehicle, (1) of butter from or other pleading. respectively, and re- Hudson, Iowa, to Deerfield, 111., over ir­ No. MC 126745 (Sub-No. 15) (Repub­ Published; this issue. Applicant: ROB- regular routes, and (2) serving Deerfield, lication), filed December 27, 1965, pub­ TncM P^lEYBOLD’ doing business as The HI., as an off-route point in connection lished F ederal R egister issue of Jan­ E

No. n s ------8 FEDERAL REGISTER, VOL. 31, NO. 1 IS — WEDNESDAY, JUNE 15, 1966 8390 NOTICES vehicle, over irregular routes, of the com­ MC-78228, and thereafter issue to it a Urich, La Due, Calhoun, Windsor, Green modities and between the points indi­ modified certificate, if any additional au­ Ridge, and Garden City, Mo.; (2) be­ cated in the findings herein except that thority be required, to transport com­ tween Kansas City, Mo., and Clinton, applicant requests that the proposed modities included within the descrip­ Mo.: From Kansas City, over U.S. High­ service be limited to shippers other than tion of: way 50 to junction Missouri Highway banks and banking institutions. An or­ 1. Materials used by steel mills, 2. 13, thence over Missouri Highway 13 to der of thé Commission, Operating Rights Iron and steel and iron and steel articles Clinton, and return over the same route, Board No. 1, dated May 20, 1966, and and products, and 3. (a) dies; (b) die serving no intermediate points, but serv­ served June 1, 1966, finds that the pres­ parts, die checking fixtures, die models, ing the off-route points of Calhoun, ent and future public convenience and hand jigs, tools, patterns, and templates, Creighton, Green Ridge, La Due, White- necessity require operation by applicant when moving in connection with dies. man Air Force Base, Urich, and Wind­ in interstate or foreign commerce, as As modified, petitioner’s certificate would sor, Mo.; (3) between Deepwater, Mo., a common carrier by motor vehicle, over read: (1) Machinery and materials and and Sedalia, Mo.: From Deepwater, over irregular routes, of business patters, rec­ supplies used by steel mills, (2) iron and Missouri Highway 52 to junction U.S. ords, and audit and accounting media, steel and iron and steel articles and Highway 65, thence over U.S. Highway between Nashville, Tenn., on the one products, (3) non ferrous metals, and 65 to Sedalia, and return over the same hand, and, on the other, points in Blount, (4) (a) dies; (b) die parts, die checking route, serving the intermediate points of Colbert, Cullman, Etowah, Franklin, fixtures, die models, hand jigs, tools, pat­ Clinton, Calhoun and Windsor, Mo., and Jackson, Jefferson, Lauderdale, Law­ terns, and templates, when moving in the off-route points of Creighton, Garden rence, Limestone, Madison, Marshall, and connection with dies, over irregular City, Green Ridge, La Due, Whiteman Morgan Counties, Ala. Because it is pos­ routes, between points in Ohio, those in Air Force Base, and Urich, Mo.; (4) be­ sible that other parties, who have relied that part of New York west of a line tween Harrisonville, Mo., and Sedalia, upon the notice of the application as beginning at Lake Ontario and extending Mo.: From Harrisonville, over Missouri published, may have an interest in and along U.S. Highway 15 to Lakeville, N.Y., Highway 2 to junction Missouri High­ would be prejudiced by the lack of proper thence along Alternate U.S. Highway 20 way 13, thence over Missouri Highway notice of the authority described in the to Genesee, N.Y., thence along New York 13 to junction U.S. Highway 50, thence findings in this order, a notice of the Highway 63 to junction New York High­ over U.S. Highway 50 to Sedalia, and authority actually granted will be pub­ way 408, thence along New York High­ return over the same route, serving no intermediate points, but serving the off- lished in the F ederal R egister, and any way 408 to junction New York Highway proper party in interest may file an ap­ 16, thence along New York Highway 16A route points of Calhoun, Clinton, Creigh­ propriate pleading within a period of 30 to the New York-Pennsylvania State line, ton, Deepwater, Green Ridge, L a Due, days from the date of such publication. including points on the indicated por­ Whiteman Air Force Base, Urich, and tions of the highways specified, those in Windsor, Mo. N otice of F iling of P etition Pennsylvania on and west of U.S. High­ (5) Between Montrose, Mo., and Se­ dalia, Mo.: From Montrose, over Missouri No. M C 78228 (Notice of filing of peti­ way 219, and those in West Virginia on Highway 52 to junction U.S. Highway 65, tion for waiver of Rule 1.101(e) and for and north of U.S. Highway 50 from the thence over U.S. Highway 65 to Sedalia, leave to file petition seeking reopening of Maryland-West Virginia State line to and return over the same route, serving grandfather proceeding and for modi­ the West Virginia-Ohio State line. Be­ the intermediate points of Clinton and fication of certain authority), filed May tween Ashland, Ky., on the one hand, Windsor, Mo., and the off-route points 16, 1966. Petitioner: THE J. MILLER and, on the other, points and places in of Calhoun, Creighton, Garden City, COMPANY, McKees Rocks, Pa. Peti­ Ohio, and those in the above-specified Green Ridge, Harrisonville, La Due, tioner’s representative: Henry M. Wick, New York, Pennsylvania, and West Vir­ Whiteman Air Force Base and Urich, Jr., 1515 Park Building, Pittsburgh, Pa., ginia areas. An^ interested person de­ siring to participate may file an original Mo.; and (6) between Springfield, Mo., 15222. Petitioner states that its present and Windsor, Mo.: From Springfield, certificate, issued on August 10, 1949, in and six copies of his written representa­ over U.S. Highway 65 to junction Mis­ No. MC 78228, authorizes the transporta­ tions, views or argument in support of, or against the petition within 30 days souri Highway 52, thence over Missouri tion of: Steel and steel products, non- Highway 52 to Windsor, and return over ferrous metals, machinery, supplies and from the date of publication in the F ed­ eral R egister. the same route, serving no intermediate lumber, used by steel companies, over points, but serving the off-route point of irregular -routes, between points and A pplications for C ertificates or P er­ Calhoun, Mo.; Irregular routes: (1) Be­ places in Ohio, those in that part of m it s W h ic h A re T o B e P rocessed tween Urich, Mo., and points within 12 New York west of a line beginning at Lake C oncurrently W it h A pplications miles of Urich, on the one hand, and, on Ontario and extending along U.S. High­ U nder S e c tio n 5 G overned by S pe c ia l the other, points in Missouri; (2) between way 15 to Lakeville, N.Y., thence along R u le 1.240 to th e E x t e n t A pplic ab le Clinton, Mo., and points within 20 miles alternate U.S. Highway 20 to Genesee, of Clinton, on the one hand, and, on the N.Y., thence along New York Highway No. MC 15473 (Sub-No. 23), filed May 19, 1966. Applicant: BEST TRUCK other, points in Missouri; and (3) be­ 63 to junction New York Highway 408, tween St. Louis and Kansas City, Mo., thence along New York Highway 408 to LINES, INC., 321 North Main, Post Office Box 60, Ottawa, Kans. Applicant’s rep­ on the one hand, and, on the other, junction New York Highway 16, thence points within the Whiteman Air Force along New York Highway 16 to Olean, resentative: Frank W . Taylor, Jr., 1221 Baltimore Avenue, Kansas City, Mo., Base missile complex and all intercon­ N.Y., and thence along New York High­ tinental ballistic missile sites located in way 16A to the New York-Pennsylvania 64105. Authority sought to operate as a common carrier, by motor vehicle, over Vernon, Bates, Cass, Cedar, St. Clam State line, including points on the indi­ Henry, Johnson, Lafayette, Benton, Pet­ cated portions of the highways specified, regular and irregular routes, transport­ ing: General commodities (except those tis, Saline, Morgan, Cooper, and Moni­ those in Pennsylvania on and west of teau Counties, Mo. Restriction: N U.S. Highway 219, and those in West of unusual value, livestock, classes A and B explosives, household goods as defined service shall be authorized betwee Virginia on and north of Ü.S. Highway Kansas City, St. Louis, and Sedalia, Ma, 50 from the Maryland-West Virginia by the Commission, commodities in bulk, commodities requiring special equip­ nor between Kansas City and Harriso - State line to the West Virginia-Ohio ville, Mo. N ote: Application is directly ment, and those injurious or contami­ State line. Between Ashland, Ky., on the related to MC-F-9381, published Marcu nating to other lading). Regular routes: one hand, and, on the other, points and 30, 1966. If a hearing is deemed neces­ (1) Between St. Louis, Mo., and Deep­ places in Ohio, and those in the above- sary, applicant requests it be held specified New York, Pennsylvania, and water, Mo.: From St. Louis, over U.S. Kansas City, Mo. : . West Virginia areas. By the instant peti­ Highway 50 to junction Missouri High­ tion, petitioner prays that the Commis­ way 13, thence over Missouri Highway 13 No. MC 118318 (Sub-No. 13). to Deepwater, and return over the same May 19, 1966. Applicant: sion shall issue orders to take the fol­ FREIGHT LINES, INC., 1798 Fjoral lowing action: 1. Accept this petition for route, serving the intermediate point of Clinton, Mo., and the off-route points Avenue, Post Office Box 422, A. filing, and 2. reopen the grandfather ap­ Falls, Idaho. Applicant’s represents plications in the name of petitioner at of Harrisonville, Creighton, Montrose,

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8391 tive: Marvin Handler, 405 Montgomery and steel eaves troughs, conductor pipe, rights through the purchase. Applicants’ Street, San Francisco, Calif., 94104. Au­ and downspouting, from certain speci­ attorney: Russell H. Wilson, 3839 Merle thority sought to operate as a common fied points in Ohio, to certain specified Hay Road, Des Moines, Iowa, 50310. carrier, by motor vehicle, over regular points in Pennsylvania; brick and other Operating rights sought to be trans­ and irregular routes, transporting: (A ) clay building materials, from certain ferred: Brick and building blocks, as a Explosives and general commodities, not specified points in Ohio, to certain speci­ common carrier, over regular routes, including livestock, household goods, fied points in Pennsylvania; iron, steel, from Ottumwa and What Cheer, Iowa, to articles of unusual value, or bulk petro­ manufactured iron and steel articles, Kirksville, Mo., serving no intermediate leum or other bulk liquids, Regular motors,-machinery, and machinery parts, points; candy, from Ottumwa, Iowa, to routes: (1) Between Buhl and Twin between certain specified points in Ohio, Quincy, 111., serving no intermediate Falls, Idaho over U.S. Highway 30, and on the one hand, and, on the other points; canned goods and vaults, from (2) between Buhl and Castleford, Idaho, Buffalo and Rochester, N.Y., all points Ottumwa, Iowa, to Omaha, Nebr., serv­ over unnumbered highway, and return in Indiana, points in Illinois in the Chi­ ing no intermediate points; roofing and over the same routes, serving all inter­ cago, 111., commercial zone as defined by roofing materials, from Ottumwa, Iowa, mediate points in (1) and (2) above, the Commission, certain specified points to La Salle, 111., serving no intermediate Irregular routes: (1) Between points in Pennsylvania, and West Virginia, and points; boilers and parts thereof, from within a 50-mile radius of Twin Falls, those in Michigan on and south of Mich­ Kewanee, 111., to-Ottumwa, Iowa, serving Idaho, and (2) between points within a igan Highway 46, from the site of the no intermediate points; canned milk, 50-mile radius of Twin Falls, Idaho, on plant of the Timkin Roller Bearing Co., from Amboy, HI., to Ottumwa, Iowa, the one hand, and, on the other, points approximately three-fourths of a mile serving no intermediate points; beer and in Idaho, and (B ) heavy hauling (com­ south of Wooster, Ohio, to points in New beverages, from Milwaukee, Wis., to modities of unusual weight and size re­ York on and west of New York Highway Ottumwa and Oskaloosa, Iowa, serving quiring special equipment to load, unload, 14, all points in Indiana, points in Illi­ no intermediate points, from Peoria, 111., and transport), between points in Idaho. nois in the Chicago, 111., commercial zone to Oskaloosa, Iowa, serving the inter­ N o t e : This application is directly re­ as defined by the Commission, certain mediate point of Ottumwa, Iowa; non­ lated to Docket No. MC-F-9428, pub­ specified points in Pennsylvania, and alcoholic beverages, from Maywood, 111., lished F ederal R egister issue June 2, West Virginia, and those in Michigan on to Ottumwa, Iowa, serving no interme­ 1966. If a hearing is deemed necessary, and south of Michigan Highway 46; and diate points; canned goods, groceries, applicant requests it be held at San Fran­ damaged and rejected shipments of and grocery supplies, candy, clay, targets, cisco, Calif. above-specified commodities, from the nonalcoholic beverages, farm implements above destination points, to the above A pplications U nder S ec tio ns 5 and and parts, farm machinery and parts, designated origin points. OHIO FAST 210a(b) binder twine, plaster of Paris, store fix­ FREIGHT, INC. is authorized to operate tures, and lubricating oil, in containers, The following applications are gov­ as a common carrier in Ohio, West Vir­ from Chicago, 111., to Ottumwa, Iowa, erned by the Interstate Commerce Com­ ginia, Pennsylvania, New Jersey, Vir­ serving intermediate and off-route points mission’s special rules governing notice ginia, Maryland, New York, Illinois, within 30 miles of Ottumwa, restricted to of filing of applications by motor carriers Michigan, Connecticut, Indiana, Massa­ traffic moving from Chicago. of property or passengers under sections chusetts, Delaware, and the District of Dairy products, livestock, empty bot­ 5(a) and 210a(b) of the Interstate Com­ Columbia. Application has been filed tles, empty beverage cases, empty oil con­ merce Act and certain other proceedings for temporary authority under section tainers, canning crates, and agricultural with respect thereto (49 CFR 1.240). 210a(b). commodities, from Ottumwa, Iowa, to No. MC-F-9444. Authority sought for MOTOR CARRIERS OF PROPERTY Chicago, 111., serving intermediate and control and merger by A. F. ROSNIK off-route points within 30 miles of Ot­ No. MC-F-9433 (ADRIAN VAN DAAL­ AND COMPANY, 3601 Wyoming Avenue, EN & JAY M. VAN DAALEN—PUR­ tumwa, restricted to traffic moving to Dearborn, Mich., 48120, of the operating Chicago, Restriction: Service between CHASE—CAPITAL EXPRESS, INC.), rights and property of POSNIK, INC., Chicago and Ottumwa, as described im­ published in the June 1, 1966, issue of 3601 Wyoming Avenue, Dearborn, Mich., mediately above, is restricted against the the F ederal R egister, on page 7859. 48120, and for acquisition by A. F. transportation of fresh meat and pack­ Prior publication supplemented to show POSNIK, also of Dearborn, Mich., of CAPITAL EXPRESS, INC. (A NEW inghouse products; paper and paper ar­ control of such rights and property ticles, from Ottumwa, Iowa, to Peoria, CORPORATION), as assignee from through the transaction. Applicants’ at­ HI., serving no intermediate points; wire, ADRIAN VAN DAALEN & JAY M. VAN torney: Rex Eames, 1800 Buhl Building, DAALEN. from Peoria, HI., to Ottumwa, Iowa, serv­ Detroit, Mich., 48226. Operating rights ing no intermediate points; canned No. MC-F-9442. Authority sought for sought to be controlled and merged: goods, and dried foods, in containers, «mtrol by OHIO FAST FREIGHT, INC., Coal tar, in bulk, in tank vehicles, as a over irregular routes, from certain spec­ Post Office Box 808, 300 Liberty Road, common carrier, over irregular routes, ified points in Wisconsin, to certain spec­ Warren, Ohio, of IR O N & STEEL from Toledo, Ohio, to points in Michi­ ified points in Iowa, from certain TRANSPORT, INC., 2001 Shepler gan, from Detroit, Mich., to points in specified points in Illinois, to certain t-nurch Road SW., Canton, Ohio,""and for Ohio, from Detroit, Mich., to points in specified points in Iowa; steel mine cars, acquisition by ORIN S. NEIMAN, 300 Indiana; coal tar pitch, in dump vehicles, from Ottumwa, Iowa, to mining districts Road, Warren, Ohio, of control from Youngstown, Ohio, to Niagara in Hlinois; wire, sheet steel, and angle Of IRON & STEEL TRANSPORT, INC., Falls, N.Y. Restriction: The operations iron, from Granite City, HI., to Ottumwa, the acquisition by OHIO FAST authorized herein are restricted against Iowa; malt beverages, from St. Paul, a INC. Applicants’ attorney: the transportation of shipments destined Minn., Milwaukee, and La Crosse, Wis., rii, u S Tel*> !00 East Broad Street, to points in Canada. A. F. PO SNIK AND St. Louis and St. Joseph, Mo., South 9 hio’ 43215- Operating rights COM PANY is authorized to operate as a »ougnt to be controlled: Malt bever- Bend, Ind., Chicago, HI., and Omaha, common carrier in Michigan, Indiana, Nebr., to Ottumwa, Iowa, from Peoria, yes, and empty containers, as a com- and Ohio. Application has not been filed HI., to Albia, Iowa, from Milwaukee, Wis., Pnrt ™rner> over irregular routes, from for temporary authority under section to Chariton, Iowa; carbonated beverages, ami T V * 6’ •rnd:> Canton, Ohio; iron 210a(b). in containers, from Ottumwa, Iowa, to whin*, k ’ and iron and steel articles, No. MC-F-9445. Authority sought for points in Arkansas, Hlinois, Kansas, Ne­ remiiro,+v.ause of size’ wei&ht, or nature purchase by INTER CITY EXPRESS, braska, South Dakota, and Missouri; or S i he ^ of flat-bottom vehicles INC., Post Office Box 1055, FVjrt Dodge, new empty containers, from Alton, HI., sides not 111 excess of 36 Iowa, 50501, of the operating rights of to Ottumwa, Iowa. Points from certain specified SOUTHERN IOWA TRANSPORTA­ Restriction: The authority granted to PeiiiL?hl0’.to certain specified points TION, INC., 1301 South Madison Avenue, herein is subject to the right of the Com­ « S S E S ® * * * * those in New York Ottumwa, Iowa, 52501, and for acquisi­ mission, which is hereby expressly re­ S p f ^ w f New York ^ w a y 14, ex- tion by AUSTIN MALLINGER, also of P Rochester and Buffalo, N.Y.; iron served, to impose such terms, conditions, Fort Dodge, Iowa, of control of such or limitations in the future as it may find

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8392 NOTICES necessary in order to insure that carrier’s or boxes, from certain specified points dump vehicles, from points in Lucas operations shall conform to the provi­ in Mississippi, to points in the United County, Ohio, to points in Michigan; sions of section 210 of the Act; and fresh States (except Alaska v and H aw aii); sand, in bulk, from points in Michigan meats and packinghouse products, as a exempt commodities, on return, to points to points in Ohio (with exceptions); contract carrier*, over regular routes, be­ in Mississippi and Louisiana; proprietary and lime and limestone products, from tween Ottumwa, Iowa, and Chicago, HI., antifreeze or engine coolant prepara­ River Rouge, Mich., to points in Indiana, between Ottumwa, Iowa, and Peoria, HI., tions, or proprietary de-icing prepara- ~ Illinois, Iowa, Kentucky, Ohio, Missouri, serving no intermediate points; frozen tions, or antifreezing compound, from New York, Pennsylvania, Wisconsin, and food, for other than human consumption, Mapleton, 111., to points in Mississippi; West Virginia. Restriction: The op­ over irregular routes, from Ottumwa, feed, animal, fish or poultry, prepared or erations authorized herein are restricted Iowa, to points in Wisconsin on and south , feed supplements or feed ingredients against the transportation of lime and of Wisconsin Highway 64; frozen animal without or containing antibiotics or vita­ limestone products in bags, to points food, from Ottumwa, Iowa, to points in mins, in containers in barrels or boxes, in Ohio. PAUL W, WILLS, INC., is Wisconsin north of Wisconsin Highway or in bulk, bags, barrels, boxes or pails, authorized to operate as a common car­ 64, and points in the Upper Peninsula of or in fused or pressed blocks, from rier in Michigan, Ohio, Delaware, Illinois, Michigan; used empty steel drums, from Springfield, Mo., to points in Mississippi; Indiana, Kentucky, Maryland, New North Chicago, 111., to Ottumwa, Iowa, egg cases or carriers, fibreboard, pulp- Jersey, New York, Pennsylvania, Vir­ Restriction: The operations authorized board or strawboard, knockdown or set­ ginia, West Virginia, and the District of in the three paragraphs next above are up, empty or each containing not to Columbia. Application has not been limited to a transportation service to be exceed its equipment of fillers, from filed for temporary authority under sec­ performed under a continuing contract, Memphis, Tenn., to certain specified tion 210a(b). or contracts, with John Morrell & Co., Ot­ points in Mississippi; cartons, egg case No. MC-F-9448. Authority sought for tumwa, Iowa; fresh meats and packing­ or egg carriers, molded pulp, nested, in control and merger by MACHINERY house products, from Ottumwa, Iowa, to boxes or in wrapped packages in boxes, TRANSPORTS, INC., Post Office Box points in Illinois (with exceptions), Re­ fibreboard or paperboard, flat or folded 2115, East Peoria, HI., of the operating striction: The authority granted herein flat in packages, from Dallas, Tex., to rights and property of B-B-S TRANS­ is subject to the right of the Commission, certain specified points in Mississippi; PORTATION, INC., 513 North,Market which is hereby expressly reserved, to feed ingredients, from Chicago Heights, Street, Marion, HI., and for acquisition impose such terms, conditions, or limita­ 111., to certain specified points in Missis­ by ANTHONY T. LaHOOD, also of East tions in the future as it may find neces­ sippi; salt, live stock, medicated in pack­ Peoria, HI., of control of such rights and sary in order to insure that carrier’s op­ ages, or in blocks, from Durant, Okla., property through the transaction. Ap­ erations shall conform to the provisions to points in Mississippi and Louisiana; plicants’ attorney: Max G. Morgan, 450 of section 210 of the Act. Vendee is au­ tires, pneumatic, and tire tubes, from American National Building, Oklahoma thorized to operate as a common carrier Atlanta, Ga., to New Albany and Canton, City, Okla., 73102. Operating rights in Iowa, Minnesota, Nebraska, and W is­ Miss.; and potash, in bags, from points sought to be controlled and merged: consin. Application has been filed for in New Mexico to points in Louisiana Heavy machinery, as a common carrier, temporary authority un der section and Mississippi. H. E. W EST holds over irregular routes, between points in 210a(b). no authority from this Commission. Williamson, Franklin, and Saline Coun­ No. MC-F-9446. Authority sought for However, he also c o n tro ls W EST ties, HI., on the one hand, and, on the continuance in control by H. E. WEST, BROTHERS, INC., 706 East Pine Street, other, points in Kentucky, Indiana, Ohio, 506 Mamie Street, Hattiesburg, Miss., of Hattiesburg, Miss., 39401, which is au­ Missouri, Arkansas, Kansas, and Okla­ PASCAGOULA DRAYAGE CO., 705 thorized to operate as a common carrier, homa. M ACHINERY TRANSPORTS, East Pine Street, Hattiesburg, Miss., in Mississippi, Louisiana, Alabama, A r­ INC., is authorized to operate as a com­ 39401. Applicants’ representative: W. N. kansas, Florida, Georgia, Kentucky, mon carrier in Hlinois, Colorado, Kansas, Innis, 706 East Pine Street, Hatties­ North Carolina, South Carolina, and Missouri, Arkansas, Louisiana, New burg, Miss., 39401. Operating rights Tennessee. Application has not been Mexico, Oklahoma, Texas, Wyoming, sought to be controlled: in pending filed for temporary authority under sec­ and Tennessee. Application has been Docket No. MC-127689, and (Sub-Num­ tion 210a(b). filed for temporary authority under sec­ bers 1 and 2), covering the transporta­ No. MC-F-9447. Authority sought for tion 210a(b). tion of fiberboard and fiberboard prod­ control by PAUL W . W ILLS, INC., 2400 No. M C-F—9449. Authority sought for ucts and accessories and supplies used Ships Channel, Whiskey Island, Cleve­ purchase by RAPID TRANSIT CO., INC., in the installation thereof, as a common land 13, Ohio, of HAROLD W . STE W ­ Route 12, Plainfield, Conn., of a portion carrier, over irregular routes, from the ART, INC., 102 Andrus Road, Toledo, of the operating rights of KAY’S plantsite and warehouse of Masonite 5, Ohio, and for acquisition by PAUL W. TRUCKING, INC., 38 Sisson Avenue, Corp. at Laurel, Miss., to points in Ala­ W ILLS, also of Cleveland 13, Ohio, of Hartford, Conn., and for acquisition by bama, Arkansas, Louisiana, and to Mem­ control of HAROLD W . STEWART, RICHARD J. McCUSKER, DOROTHY phis, Term.; wood sugar molasses, and INC., through the acquisition by PAUL McCUSKER, both of 58 Wayne Street, wood sugar molasses blended with black­ W . W ILLS, INC. Applicant’s attorney Norwich, Conn., ADAM J. ROJESKE, strap molasses, in bulk, from Laurel, and representative: Paul F. Beery, 100 Scenic Drive, Uncasville, Conn., and Miss., to points in Alabama, Arkansas, East Broad Street, Columbus, Ohio, LOUISE ROJESKE, 93 Ashland Street, Louisiana, and to Memphis, Tenn.; wood 43215, and Lyman G. Rupp, 740 Edison Jewett City, Conn., of control of such sugar molasses, and wood sugar molasses Building, Toledo, Ohio, 43604. Operat­ rights through the purchase. Appli­ blended u)ith blackstrap molasses, in ing rights sought to be controlled: Such cants’ attorney and representative: bags, from Laurel, Miss., to points in commodities as are usually transported Thomas W . Murrett, 410 Asylum Street, Alabama and Louisiana; blackstrap in dump trucks, as a common carrier, Hartford, Conn., and Joseph R. Ress,_266 molasses from New Orleans, La., and over irregular routes, between Monroe, Pearl St., Hartford, Conn. Operating Mobile, Ala., to Laurel, Miss.; damaged Mich., and points in Michigan within 40 rights sought to be transferred: Under a or salvaged merchandise, except those miles of Monroe, on the one hand, and, certificate of registration, in Docket No. commodities which because of size or on the other, points in Ohio within 40 MC-120883 (Sub-No. 1), covering the weight require the use of special equip­ miles of Monroe; spent catalyst (clay), in transportation of general commodities ment, between Hattiesburg, Laurel, and bulk, in tank vehicles, from points in (with exceptions), as a common earner, Magee, Miss., and points in Alabama, Lucas County, Ohio, to the international in intrastate commerce, between Glas­ Arkansas, Florida, Georgia, Kentucky, boundary between the United States and tonbury, East Hartford, Hartford, Wesi Louisiana, Maryland, North Carolina, Canada, at Port Huron, Mich.; pig iron, Hartford, Bolton, Manchester, Hebron, Oklahoma, South Carolina, Tennessee, in dump vehicles, from points in Lucas Marlboro, East Hampton, and Portlana, Texas, Virginia, and the District of County, Ohio, to points in Indiana and on the one hand, and, all points in Co:n- Columbia. Michigan; salt, in bulk, from points in necticut on the other hand. Vendee Food, cooked, cured, preserved, pre­ Lucas County, Ohio, to points in Indiana authorized to operate as a common ee ­ pared, or frozen in containers, in barrels, and Michigan; limestone, in bulk, in rier in Connecticut, Massachuset >

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8393

Rhode Island, and Pennsylvania. Ap­ in identification and protests if any certain exceptions, over a deviation route plication has been filed for temporary should refer to such letter-notices by as follows: From Mapleton, Iowa, over authority under section 210a(b). N o te ; number. Iowa Highway 141 to junction U.S. High­ Docket No. MC-30464 (Sub-No. 1) is a way 30, thence over U.S. Highway 30 to M o t o r C a r r i e r s o f P r o p e r t y matter directly related. junction U.S. Highway 65 (at Colo, No. MC-F-9451. Authority sought for No. MC 1733 (Deviation No. 1), LAKE Iowa), thence over U.S. Highway 65 to purchase by PICrW ALSH FREIGHT SHORE MOTOR TRANSIT LINES, Iowa Falls, Iowa, and return over the CO., 731 Campbell Avenue, St. Louis, INC., 230 North State Street, St. Joseph, same route, for operating convenience Mo., of the operating of JAMES CAR­ Mich., filed June 6, 1966. Carrier pro­ only. The notice indicates that the BONE TRUCKING SERVICE, INC., 901 poses to operate as a common carrier, carrier is presently authorized to trans­ North Vermillion Street, Streator, 111., by motor vehicle, of general commodities, port the same commodities over a perti­ and for acquisition by JULIUS B LU M - with certain exceptions, over deviation nent service route as follows: From OFF, also of St. Louis, Mo., of control routes as follows: (1) From Chicago, HI., Mapleton, Iowa, over Iowa Highway 141 of such rights through the purchase. over Interstate Highway 80-90 to junc­ to junction U.S. Highway 75, thence over Applicants' attorneys; Axelrod, Good­ tion Indiana Highway 39, thence over U.S. Highway 75 to Sioux City, Iowa, man & Steiner, 39 South La Salle Street, Indiana Highway 39 to the Indiana- thence over U.S. Highway 20 to Iowa Chicago, 111., 60603. Operating rights Michigan State line, thence over Michi­ Falls, Iowa, and return over the same sought to be transferred: Fertilizer and gan Highway M-239 to junction Inter­ route. fertilizing materials, in bulk, as a com­ state Highway 94 (also from Chicago No. MC 22278 (Deviation No. 9), mon carrier, over irregular routes, from over Interstate Highway 94 to junction TAKIN BROS. FREIGHT LINE, INC., Streator, 111., and points within 2% miles Michigan Highway M-239), thence over 2125 Commercial Street, Waterloo, Iowa, thereof, to points in Iowa, Michigan, Interstate Highway 94 to junction Inter­ 50704, filed May 26, 1966. Carrier pro­ Minnesota, Indiana, Missouri, and Wis­ state Highway 196, thence over Inter­ poses to operate as a common carrier, consin; fertilizer and fertilizing ma­ state Highway 196 to South Haven, by motor vehicle, of general commodi­ terials, in packages, from Streator, 111., Mich., and (2) from Kalamazoo, Mich., ties, with certain exceptions, over a de­ and points within 2% miles thereof, to over Interstate Highway 94 to Benton viation route as follows: From Waterloo, points in Iowa, Michigan, and Minnesota, Harbor, Mich., and return over the same Iowa, over U.S. Highway 218 to Waverly, points in Indiana (with exceptions), routes, for operating convenience only. Iowa, thence over Iowa Highway 3 to points in Missouri (with exceptions), and The notice indicates that the carrier is Hampton, Iowa, and return over the points in Wisconsin (with exceptions); presently authorized to transport the same route, for operating convenience glass containers, caps, covers, tops, rings, same commodities over pertinent service only. The notice indicates that the car­ and stoppers for glass containers, and routes as follows: (1) From Chicago, 111., rier is presently authorized to transport fiberboard boxes, from Streator, 111., to over U.S. Highway 12 to New Buffalo, the same commodities over a pertinent points in Indiana on and south of U.S. Mich., thence over unnumbered highway service route as follows: From Waterloo, Highway 40 through Terre Haute, Indi­ (formerly U.S. Highway 12) to St. Iowa, over U.S. Highway 20 to junction anapolis, and Richmond, Ind., and those Joseph, Mich., thence over U.S. Highway U.S. Highway 65, thence over U.S. High­ in Kentucky and Tennessee ; and cullet, 31 to SouthHaven, Mich., (2) from Chi­ way 65 to Hampton, Iowa, and return from points in Kentucky and Tennessee, cago, ni., over U.S. Highway 20 to junc­ over the same route. to Streator, 111. Vendee is authorized to tion Indiana Highway 212,. thence over No. MC 22278 (Deviation No. 10), operate as a common carrier in Missouri, Indiana Highway 212 to junction U.S. TAKIN BROS. FREIGHT LINE, INC., Illinois, Ohio, Indiana, Arkansas, Ten­ Highway 12, thence over U.S. Highway 2125 Commercial Street, Waterloo, Iowa, nessee, Iowa, Michigan, and Mississippi. 12 to Ne\y Buffalo, Mich., thence over 50704, filed May 26, 1966. Carrier pro­ Application has been filed for temporary unnumbered highway (formerly UJS. poses to operate as a common carrier, authority under section 2l0h(b). Highway 12) to St. Joseph, Mich., thence by motor vehicle, of general commodi­ over U.S. Highway 31 to South Haven, By the Commission. ties, with certain exceptions, over a de­ Mich., and (3) from South Bend, Ind., viation route as follows: From Fairfield, [ s e a l ] H. N e i l G a r s p n , over U.S. Highway 31 to Benton Harbor, Iowa, over U.S. Highway 34 to junction Secretary. Mich., thence over unnumbered high­ Iowa Highway 60, thence over Iowa way (formerly U.S. Highway 12) to [P R . Doc. 66-6565; P ile d , J u n e 14, 1966; Highway 60 to Des Moines, Iowa, thence 8:48 a .m .] Kalamazoo, Mich., and return over the over U.S. Highway 69 to junction U.S. same routes. Highway 20, thence over U.S. Highway No. MC 22278 (Deviation No. 6), [N o tic e 399] 20 to junction U.S. Highway 65, thence TAKIN .BROS. FREIGHT LINE, INC., over U.S. Highway 65 to Mason City, motor c a r r ier a lt e r n a t e r o u te 2125 Commercial Street, Waterloo, Iowa, Iowa, and return over the same route, DEVIATION NOTICES filed May 26, 1966. Carrier proposes to for operating convenience only. The operate as a common carrier, by motor notice indicates that the carrier is pres­ Ju n e 10,1966. vehicle, of general commodities, with ently authorized to transport the same The following letter-notices of pro­ certain exceptions, over a deviation route commodities over a pertinent service posals to operate over deviation routes as follows: From Waterloo, Iowa, over route as follows: From Fairfield, Iowa, for operating convenience only have U.S. Highway 63 to junction Iowa High­ over U.S. Highway 34 to junction U.S. been filed with the Interstate Commerce way 96, thence over Iowa Highway 96 Highway 218, thence over U.S. Highway Commission, under the Commission’s to junction Iowa Highway 14, thence 218 to junction U.S. Highway 18, thence Deviation Rules Revised, 1957 (49 CFR over Iowa Highway 14 to Marshalltown, over U.S. Highway 18 to Mason City, 211.1(c)(8)) and notice thereof to all Iowa, and return over the same route, Iowa, and return over the same route. interested persons is hereby given as pro­ for operating convenience only. The No. M C 26739 (Deviation No. 24), vided in such rules (49 CFR 211.1 (d) (4)). notice indicates that the carrier is pres­ CROUCH BROS., INC., Post Office Box -Protests against the use of any pro­ ently authorized to transport the same 1059, St. Joseph, Mo., 64502, filed May posed deviation route herein described commodities over a pertinent service 31, 1966. Carrier proposes to operate *~ay be filed with the Interstate Com- route as follows: From Waterloo, Iowa, as a common carrier, by motor vehicle, nierce Commission in the manner and over Iowa Highway 57 to junction Iowa of general commodities, with certain ex­ 2°™? provided in such rules (49 CFR Highway 14, thence over Iowa Highway ceptions, over a deviation route as fol­ nio + e* * any time, but will not oper- 14 to Marshalltown, Iowa, and return lows: From Chicago, 111., over U.S. e to stay commencement of the pro- over the same routes. Highway 20 to junction Illinois Highway _ operations unless filed within 30 No. MC 22278 (Deviation No. 8), 64, thence over Illinois Highway 64 to ys from the date of publication. TAKIN BROS. FREIGHT LINE, INC., junction Illinois Highway 84, thence fited letter-notices of the 2125 Commercial Street, Waterloo, Iowa, over Illinois Highway 84 to junction U.S. npJL?arrler ^ d e r the Commission’s filed May 26, 1966. Carrier proposes to Highway 20, thence over U.S. Highway Rules Revised, 1957, will be operate as a common carrier, by motor 20 to junction Iowa Highway 57, thence bered consecutively for convenience vehicle; of general commodities, with over Iowa Highway 57 to junction Iowa

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8394 NOTICES

Highway 14, thence over Iowa Highway State line, thence over Missouri High­ No. MC 108298 (Deviation No. 5), 14 to junction Iowa Highway 64, thence way 27 to junction U.S. Highway 71, ELLIS TRUCKING CO., INC., 1600 over Iowa Highway 64 to junction Inter­ thence over U.S. Highway 71 to Mary­ Oliver Avenue, Indianapolis, Ind., 46207, state Highway 80, thence over Interstate ville, Mo., and return over the same filed May 31, 1966. Carrier proposes to Highway 80 to junction Interstate High­ route. operate as a common carrier, by motor way 35, thence over Interstate Highway No. MC 48958 (Deviation No. 14), vehicle, of general commodities, with 35 to junction U.S. Highway 34, thence ILLINOIS-CALIFORNIA EXPRESS, certain exceptions, over a deviation route over U.S. Highway 34 to junction U.S. INC., 510 East 51st Avenue, Denver 16, as follows: Between Indianapolis, Ind., Highway 169, thence over U.S. Highway Colo., filed June 6, 1966. Carrier pro­ and Cincinnati, Ohio, over Interstate 169 to Mount Ayr, Iowa, and return over poses to operate as a common carrier, by Highway 74, for operating convenience the same route, for operating conven­ motor vehicle, of general commodities, only. The notice indicates that the car­ ience only. The notice indicates that with certain exceptions, over a deviation rier is presently authorized to transport the carrier is presently authorized to route as follows: From junction Alter­ the same commodities over pertinent transport the same commodities over a nate U.S. Highway 285 (formerly U.S. service routes as follows: (1) From pertinent service route as follows: From Highway 285) and new U.S. Highway Osgood, Ind., over U.S. Highway 421 to Chicago, HI., over U.S. Highway 66 to 285, about 5 miles south of Roswell, N. junction U.S. Highway 50, thence over junction U.S. Highway 52, thence over Mex., over new U.S. Highway 285 to U.S. Highway 50 to Cincinnati, Ohio, and U.S. Highway 52 to junction U.S. High­ Artesia, N. Mex., and return over the (2) from Osgood, Ind., over U.S. Highway way 51, thence over U.S. Highway 51 to same route, for operating convenience 421 to Indianapolis, Ind., and return over Mendota, 111., thence over Illinois High­ only. The notice indicates that the the same routes. way 92 to Moline-Rock Island, 111., carrier is presently authorized to trans­ No. MC 108298 (Deviation No. 6), EL­ thence over the Mississippi River to port the same commodities over a perti­ LIS TR UCK ING CO., INC., 1600 Oliver junction U.S. Highway 61, thence over nent service route as follows: From Avenue, Indianapolis, Ind., 46207, filed U.S. Highway 61 to junction Iowa High­ Albuquerque, N. Mex., over U.S. High­ June 3, 1966. Carrier proposes to oper­ way 92, thence over Iowa Highway 92 way 66 to Moriarty, N. Mex., thence over ate as a common carrier, by motor ve­ to Washington, Iowa, thence over Iowa New Mexico Highway 41 to junction U.S. hicle, of general commodities, with cer­ Highway 1 to Fairfield, Iowa, thence over Highway 60, thence over U.S. Highway tain exceptions, over a deviation route U.S. Highway 34 to Ottumwa, Iowa, 60 to Vaughn, N. Mex., thence over U.S. as follows: Between Indianapolis, Ind., thence over U.S. Highway 63 to Bloom­ Highway 285 to junction Alternate U.S. and Marshall, Mich., over Interstate field, Iowa, thence over Iowa Highway 2 Highway 285 (formerly U.S. Highway Highway 69, for operating convenience to Bedford, Iowa, thence over Iowa 285) about 5 miles south of Roswell, N. only. The notice indicates that the car­ Highway 148 to the Iowa-Missouri State Mex., thence over Alternate U.S. High­ rier is presently authorized to transport line, thence over Missouri Highway 27 way 285 to Artesia, N. Mex., thence over the same commodities over a pertinent to junction U.S. Highway 71, thence over U.S. Highway 285 to Carlsbad, N. Mex., service route as follows: From Lansing, U.S. Highway 71 to Maryville, Mo., and thence over U.S. Highway 62 to El Paso, Mich., over U.S. Highway 27 to Fort return over the same route. Tex., and return over the same route. Wayne, Ind., thence over U.S. Highway No. MC 26739 (Deviation No. 25), No. MC 59120 (Deviation No. 6), 24 to Huntington, Ind., thence over In­ CROUCH BROS., INC., Post Office Box EAZOR EXPRESS, INC., Eazor Square, diana Highway 9 via Anderson, Ind., to 1059, St. Joseph, Mo., 64502, filed May 31, Pittsburgh, Pa., 15201, filed June 2, 1966. junction U.S. Highway 36, thence over 1966. Carrier proposes to operate as a Carrier proposes to operate as a common U.S. Highway 36 to Indianapolis, Ind., common carrier, by motor vehicle, of carrier, by motor vehicle, of general and return over the same route. commodities, with certain exceptions, general commodities, with certain ex­ M o t o r C a r r i e r s o f P a s s e n g e r s ceptions, over a deviation route as over a deviation route as follows: From follows: From Chicago, 111., over U.S. Clarksburg, W. Va., over U.S. Highway No. MC 1515 (Deviation No. 316), Highway 30 to junction U.S. Highway 50 to junction West Virginia Highway GREYHOUND LINES, INC. (Western 218, thence over U.S. Highway 218 to 73, thence over West Virginia Highway Division), Market and Fremont Streets, junction Iowa Highway 57, thence over 73 to Fairmont, W . Va., and return over San ^rancisco, Calif., 94106, filed June 2, Iowa Highway 57 to junction Iowa High­ the same route, for operating conven­ 1966. . Carrier’s representative: W. T. way 14, thence over Iowa Highway 14 ience only. The notice indicates that Meinhold, 371 Market Street, San Fran­ to junction Iowa Highway 64, thence the carrier is presently authorized to cisco, Calif., 94105. Carrier proposes to over Iowa Highway 64 to junction Inter­ transport the same commodities over a operate as a common carrier, by motor state Highway 80, thence over Interstate pertinent service route as follows: Be­ vehicle, of passengers and their baggage, Highway 80 to junction Interstate High­ tween Clarksburg, W . Va., and Fairmont, and express and newspapers, in the same way 35, thence over Interstate Highway W . Va., over U.S. Highway 1§. vehicle with passengers, over a deviation 35 to junction U.S. Highway 34, thence No. MC 108298 (Deviation No. 4), route as follows: From junction Business over U.S. Highway 34 to Osceola, thence E T .T .T S TR U C K IN G CO., INC., 1600 Route U.S. Highway 395 and U.S. High­ way 395 (North Connell Junction, over U.S. Highway 69 to Leon, Iowa, and Oliver Avenue, Indianapolis, Ind., 46207, return over the same route, for operat­ filed May 31, 1966. Carrier proposes to W ash .), over U.S. Highway 395 to junc­ ing convenience only. The notice indi­ operate as a common carrier, by motor tion Business Route U.S. Highway 395 cates that the carrier is presently au­ vehicle, of general commodities, with (South Connell Junction, Wash.), and thorized to transport the same com­ certain exceptions, over a deviation route return over the same route, for operating convenience only. The notice indicates modities over a pertinent service route as follows: From Cincinnati, Ohio, over that the carrier is presently authorized as follows: From Chicago, 111., over U.S. Interstate Highway 75 to Saginaw, Mich., Highway 66 to junction U.S. Highway and return over the same route, for to transport passengers and the same 52, thence over U.S. Highway 52 to junc­ operating convenience only. The notice property, over a pertinent service rou as follows: From Ritzville, Wash., over tion U.S. Highway 51, thence over U.S. indicates that the carrier is presently Highway 51 to Mendota, 111., thence over authorized to transport the same com­ unnumbered highway to junction u- • Highway 395 (Ritzville Junction), thence Illinois Highway 92 to Moline-Rock modities oyer pertinent service routes as over U.S. Highway 395 to junction Busi­ Island, HI., thence over the Mississippi follows: (1) From Cincinnati, Ohio, over River to junction U.S. Highway 61, U.S. Highway 25 to Dayton, Ohio, (2) ness Route U.S. Highway 395 (No thence over U.S. Highway 61 to junction from Detroit, Mich., over U.S. Highway Connell Junction), thence over Busin Route U.S. Highway 395 to junction u-o. Iowa Highway 92, thence over Iowa High­ 25 to Findlay, Ohio, thence over U.S. Highway 395 (South Connell Junction;, way 92 to Washington, Iowa, thence over Highway 68 to Springfield, Ohio, thence Iowa Highway 1 to Fairfield, Iowa, over Ohio Highway 440 (formerly U.S. thence over U.S. Highway 395 to ra > Wash., and return over the same to • thence over U.S. Highway 34 to Ottum­ Highway 40) to Brandt, Ohio, thence No. MC 1515 (Deviation No. ¿¿V* wa, Iowa, thence over U.S. Highway 63 over Ohio Highway 201 to Dayton, Ohio, GREYHOUND LINES, INC. (Wester to Bloomfield, Iowa, thence over Iowa and (3) from Saginaw, Mich., over U.S. Division), Market and Fremont St > Highway 2 to Bedford, Iowa, thence over Highway 10 to Detroit, Mich., and re­ Iowa Highway 148 to the Iowa-Missouri turn over the same routes. San Francisco, Calif., 94106, filed

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 NOTICES 8395

6, 1966. Carrier’s representative: W . T. Grounds for relief— Intrastate rates operations in interstate or foreign com­ Meinhold, 371 Market Street, San Fran­ and maintenance of rates from and to merce, in the transportation of : Oilfield cisco, Calif., 94105. Carrier proposes to points in other States not subject to the equipment, materials, and supplies; Irish operate as a common carrier, by motor same competition. and sweet potatoes; household goods, vehicle, of passengers and their baggage, Tariff—S u p p le m e n t 52 to Texas- sugarcane; corn, lumber, potato crates, and express and newspapers in the same Louisiana Freight Bureau, agent, tariff heavy building materials, rice, fresh and vehicle with passengers, over deviation ICC 998. dehydrated vegetables, truck produce, routes, as follows: (1) From junction fertilizers, feed, sacks, cotton, cottonseed, A g g r e g a t e - q f -I ntermediates unnumbered highway and Interstate and syrup, between points in Louisiana. Highway 15 (East Glendale Junction, FSA No. 40535— Commodities between No. MC-FC-68654. By order of June Nev.), over Interstate Highway 15 to points in Texas. Filed by Texas-Lousi- 2,1966, the Transfer Board approved the junction unnumbered highway (West ana Freight Bureau, agent (No. 573), for transfer to Norton Glueck, 7020 Franklin Glendale Junction, Nev.), and (2) from interested rail carriers. Rates on binders Avenue, New Orleans, La., of the cer­ Las Vegas, Nev., over Interstate Highway or covers, cloth or plastic, coal tar or tificate of registration No. MC-99526 15 to junction unnumbered highway coal tar pitch, mattresses, furniture, and (Sub-No. 1), issued May 18,1965, to Loui­ (Jean, Nev.), and return over the same related articles, in carloads, from, to, siana Transportation Co., Inc., Houma, routes, for operating convenience only. and between points in Texas, over inter­ La., evidencing a right to engage in op­ The notice indicates that the carrier is state routes through adjoining States. erations in interstate or foreign com­ presently authorized to transport pas­ Grounds for relief—Maintenance of merce, in the transportation of: Oilfield sengers and the same property over a depressed rates published to meet intra­ equipment, materials, and supplies; Irish pertinent service route as follows: From state competition without use of such and sweet potatoes; household goods; the Arizona-Nevadá State line over In­ rates as factors in constructing combina­ sugarcane; com; lumber; potato crates; terstate Highway 15 to Mesquite, Nev., tion rates. .heavy building materials; rice; fresh thence over U.S. Highway 91 to Glendale, Tariff—S u p p le m e n t 52 to Texas- and dehydrated vegetables, truck prod­ Nev., thence over Interstate Highway 15 Louisiana Freight Bureau, agent, tariff uce, fertilizers, feed, sacks, cotton, cot­ to the Nevada-Califomia State line ICC 998. tonseed and syrup, from, to, and between (connects with Arizona Route 17 and By the Commission. all points in the State of Louisiana. California Route 273), and return over No. MC-FC-68803. By order of June the same route. [ s e a l ] H . N e i l G a r s o n , 10, 1966, the Transfer Board approved By the Commission. Secretary. the transfer to G. J. White Transfer & [F.R. Doc. 66-6567; Filed, June 14, 1966; Storage, Inc., Morgantown, W . Va., of [ s e a l ] H . N e i l G a r s o n , 8 :4 8 a .m .] the operating rights in certificate No. Secretary. MC-285, issued July 20, 1964, to Howard [F.R. Doc. 66-6566; Piled, June 14, 1966; Smyth and Robert E. Smyth, a partner­ 8:48 a .m .] [Notice 1364] ship, doing business as O. J. White Transfer & Storage Co., Morgantown, MOTOR CARRIER TRANSFER W . Va., authorizing the transportation FOURTH SECTION APPLICATIONS PROCEEDINGS of: Household goods, as defined by the FOR RELIEF Commission, between points in Monon­ J u n e 10, 1966. galia Comity, W . Va., on the one hand, June 10,1966. Synopses of orders entered pursuant to and, on the other, points in Indiana, Protests to the granting of an appli­ section 212(b) of the Interstate Com­ Kentucky, Maryland, New York, Penn­ cation must be prepared in accordance merce Act, and rules and regulations pre­ sylvania, Ohio, Michigan, New Jersey, with Rule 1.40 of the general rules of scribed thereunder (49 CFR Part 179), North Carolina, Virginia, and the Dis­ practice (49 CFR 1.40) and filed within appear below: trict of Columbia. Hale J. Preston, 174 15 days from the date of publication of As provided in the Commission’s spe­ Chancery Row, Morgantown, W. Va., this notice in the F e d e r a l R e g i s t e r . cial rules of practice any interested per­ 26505, attorney for applicants. son may file a petition seeking reconsid­ No. MC-FC-68858. By order of June L o n g - a n d -S h o r t H a u l eration of the following numbered 10, 1966, the Transfer Board approved PSA No. 40533— Soda ash from Salt- proceedings within 20 days from the date the transfer to Charles Zambuto, doing ®MZe, Va. Filed by O. W. South, Jr., agent of publication of this notice. Pursuant business as F. & F. Trucking Co.r Brook­ (No. A4900), for interested rail carriers. to section 17(8) of the Interstate Com­ lyn, N.Y., of the operating rights in Rates on soda ash, in bulk, in covered merce Act, the filing of such a petition certificate No. MC-44324, issued April 4, hopper cars, in carloads, from Saltville, will postpone the effective date of the 1960, to Charles Zambuto, Thomas Zam­ va^, to Lakeland and Tampa, Fla. order in that proceeding pending its dis­ buto, and Ralph Nigro, a partnership, Grounds for relief— Carrier competi­ position. The matters relied upon by doing business as F. & F. Trucking Co., tion. petitioners must be specified in their peti­ Brooklyn, N.Y., authorizing the trans­ Tariff—Supplement 53 to Southern tions with particularity. portation, over irregular routes, of gen­ m ight Association, agent, tariff ICC No. M C-FC-35402. By order of June eral commodities, with certain excep­ S-517. 2, 1966, the Transfer. Board approved tions, between points in Union, Passaic, PSA No. 40534— Commodities between the lease to American Moving & Storage Essex, Hudson, and Bergen Counties, Points in Texas. Filed by Texas-Louisi- Co., Inc., 7020 Franklin Avenue, New Or­ N.J., on the one hand, and, on the other, ana Freight Bureau, agent (No. 572), for leans, La., of certificate of registration New York, N.Y. Edward M. Alfano, 2 interested rail carriers. Rates on bind- No. MC-99526 (Sub-No. 1), issued May West 45th Street, New York, N.Y., 10036, nr or c?vers, cloth or plastic, coal ,tar 18,1965, to Louisiana Transportation Co., attorney for applicants. nr»,? , iar P ^ h , mattresses, furniture, Inc., and acquired by Norton Glueck, New [ s e a l ] H . N e i l G a r s o n , smrt ielated ancles, in carloads, from, to, Orleans, La., 7020 Franklin Avenue, New Secretary. «Ant«kw,een Points in Texas, over inter­ Orleans, La., pursuant to No. M C -F C - [F.R. Doc. 66-6568; Filed, Jure 14, 1966; state routes through adjoining States. 68654, evidencing a right to engage in 8 :4 8 a .m .]

FEDERAL REGISTER, VOL. 31, NO. 115— WEDNESDAY, JUNE 15, 1966 8396 FEDERAL REGISTER

CUMULATIVE LIST OF PARTS AFFECTED— JUNE

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

3 CFR Page 7 CFR—Continued Page 14 CFR P a g e P roposed R ules—Continued P roclamation : 13------8353 3728______8277 1043 ______7911 39______7735, 7881, 7882, 8045, 8046 1044 ___ 7831 E x e c u t i v e O r d e r s : 61------8354 11224 (superseded by EO 1045 ______7831 67------8355 11285______8211 1046 ______7911 71— ------7736, 11285______8211 1047 ______7911 7827,8046, 8047, 8117, 8178, 8179, 11286______8279 1048 ______— _ 7911 8357, 8358. 1049 ______7911 73______7736, 7827, 7882 5 CFR 1051______7831 75______7736, 7827, 8047 213______„ _ 7733, 7734, 7959, 8175, 8281 1061 ______7831 91------8354 550______I ______7881 1062 ______7831 95------8281 1063 ______7831 97______7883, 7 CFR 1064 ______7831 15______8175 7893,8010, 8048, 8118, 8217, 8285, 1065 ______7757 8359. 26______8113 1066 ______7757 28______7734 P r o p o s e d R u l e s : 1067 ______7831 21______8075 319______8337 1068 ______7757 47______8Q77 354______8113 1069 ______7757 71______7760-7762, 401______:______8175 1070 ______7831 701______7735, 7814 7836,7975-7977, 8025, 8077, 8078, 1071 ______7831 8182,8183,8242, 8372-8375. 722______8337 1073 ______7831 73______728______7814, 8337 ______7977,8375 1074 ______7831 75______7762,8242 775______8339 1075 ______7757 91...... 8026 778______-7997 1076 ______7757 93,______— 8078 811______7999 1078______7831 845______7815 7079______7831 15 CFR 893______7816 1090______7911 905______8114 230______7737, 7819, 7968 1094______7831 8213 908_____ 7961, 8230 372______1096______7831 8213 910 ______7962, 8045, 8231, 8303 373______1097______7831 - . . 8213 911 ______7962, 8231 374______1098 ______7 9 1 1 IM...... 8213 916 ______- ___ 8176, 8177 375______1099 ______7758,7831 .....I— _____ 8213 917 ______7963, 376______1101 ______7911 8213 8114, 8177, 8231, 8232, 8303-8306 377______1102 ______7831 . J. ' ... .._■■■ — 8213 918 ______7735 379______1103 ______7831 8213 944______8000 382______1104 _ 7831 385______. 8213 970______8178 1106______7831 1038 ______8115 P r o p o s e d R u l e s : 1108______7831 9______I 7833 1039 ____ 8116 1120______7831 1074______8000 1125— ______7757 16 CFR 1099______7963 1126 ______7831 1421______7964, 8000, 8003, 8306, 8346 13______. 7960, 7961, 8058-8060 1127 ___ 7831 15______7737, 7806, 8233 1443______8348 1128 ______7831 1483______7817 P r o p o s e d R u l e s : 1129 ______7831 ______7757 1486______7735 45______1130;______7831 57______8243 P r o p o s e d R u l e s : 1131 ______7757 192______. 8244 51______7757 1132 ______7831 905______- 7971 1133 ______7757, 7831 17 CFR 915______- 8181 1134 ______- 7757211— ______7821 994______8021 1136 ______7757 230______7738 1001 ______- 7911, 8242 1137 ______7757 239______. 7738 1002 ______7911 1138 __ 7757 240______. 7740 1003 ______- ______7911 250______8233 1004 ______7911 8 CFR 276______. 7821 1005 ______7911 212______8045 P r o p o s e d R u l e s : 1008 __r ______7911 214______8045 270— ______. 7913 1009 ______7911 236______8045 1011 _- ______7911 1012 ______7911 9 CFR 1013 ______7829, 7911, 8131 97______8020 141 7897 1015 ______7911, 8242 7897 1016 ______7911 10 CFR 201 260 7897 1031 ______7831 36______7959 40______7959 P roposed R u l e s : 1032 ______7831 s 8376 1033 ______7911 1034 ______7911 12 CFR 1______8060 20 CFR 1035 ___ 7911 AI\A _ 8367 1036-______7911 204______8060 1038 ______7831, 7971545______8353 e ra ------____ 8281 1039 ______7831, 7972561______8353 1040 ______7911 563______8004 P roposed R u l e s : 7864 1041 ______7911 571______8004 405______— FEDERAL REGISTER 8397

21 CFR Page 36 CFR P a g e 43 CFR—Continued Page 8______— ...... — 8216, 8369 221------8180 P ublic L and Orders—Continued 120 ______7741 251------7899 4030 ______8239 121 ______8008,8009,8369 261------7902 4031 ______8239 130______8009 4032 ______8239 22 CFR 38 CFR 4033 ______8293 17------8064 4034 ______8240 41 ______7741 42 ______7741 21— :------8292 4035 ____ 8240 4036 ____ 8240 24 CFR 39 CFR 4037 ______8241 200______7743 13______7752 4038— ______I ______8241 221______7743 22______7752 P roposed R ules: 25 CFR 25______7752 3130______8181 27______8234 3140______8181 41 ______7744 41______8234 3150______8181 42 ______7745 43______7752, 8235 3160______8181 26 CFR 46______8235 3180______8181 1______7789 51______8236 45 CFR 52_'______8236 801------7755 29 CFR 53______8236 0 ______55 _ ____' 8236 46 CFR 1605...... 8370 56 ______8236 146------8295 58______8237 202______* 8065 31 CFR 61______8237 308______7970 128______8179 202______7899,8234 41 CFR 47 CFR 18— ____ : ______7821 203______7899, 8234 1-3______8116 21------7822 500______7745,7899 4-1______7819 73 ______7904, 8067, 8069-8073 4-6______7819 32 CFR 74 ______7822 4-50_____ 7902 l ...... ____ 7807 91______7822 8-1______7820 3______7807 P roposed R ules: 8-2______7820 4______7810 1______7837 9-12_____ 8237 7 ____...... ____ 7811 17______8376 101-15— 7752 8______7812 21______7837 101-17___ 8117 16______7814 23______7837 30 ______7814 42 CFR 73 ______7837, 7838, 8079-8081, 8132 273...... ____ 8007 74 ______7837, 8026 57______7755 502_:_____ 81______7837 ___ 7966 76______7902 1001...... ____ 8370 87------7837 1003 ___ 8311, 8371 43 CFR 89_____ 7837 1004 ______8371 91------7837 1007______8371 3120______7806 93------7837 1013 ______8371 P u b l i c L a n d O r d e r s : 95------7837 1014 ______8371 662 (revoked by PLO 4035)___ 8240 97------7837 1053______8371 829 (revoked in part by PLO 49 CFR 1250______8061 4028)— ______8238 95______7806, 8064 32A CFR 1775 (revoked in part by PLO 170______8312 OIA (Ch. X ) : 4027)______8238 P r o p o s e d R u l e s : 31______01 REG. 1___ 4023 ____ 7969 ____ 8244 7745 170______7841 4024 ______7969 193______— ____ 7911 33 CFR 4025 ______c______7969 203 ____ 7827, 8312 4026 ______8238 50 CFR 204 ______" 32 ______7909, 8065 8129 4027 __ 8238 33 ______208 : : r 7756, 7910, 7970 ____ 7751 4028 ______8238 P r o p o s e d R u l e s : 401...... ____ 8062 4029 ______8238 401______8130

No. 115----- 9

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

Now available Lyndon B. Johnson 1963-64

B o o k I (November 22, 1963 to June 30, 1964) Price $6.75 Book II (July 1, 1964 to December 31, 1964) Price $7.00

Contents • Messages to the Congress • Public speeches and letters • The President’s news conferences • Radio and television reports to the American people • Remarks to informal groups Prior volumes

Published by Prior volumes covering most of the Truman Office of the Federal Register administration and all of the Eisenhower and National Archives and Records Service Kennedy years are available at comparable General Services Administration prices from the Superintendent of Documents, Order from Government Printing Office, Washington, D.C. Superintendent of Documents 20402. U.S. Government Printing Office Washington, D.C. 20402