FEDERAL REGISTER VOLUM E 30 NUM BER 80

Tuesday, April 27,1965 Washington, D.C. Pages 5813-5891

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Power Commission Federal Reserve System Food and Drug Administration General Services Administration Health, Education, and Welfare Department Indian Affairs Bureau Interior Department Internal Revenue Service Interstate Commerce Commission Justice Department Land Management Bureau National Bureau of Standards Securities and Exchange Commission Small Business Administration United States Information Agency Detailed list of Contents appears inside. Just Released

CODE OF FEDERAL REGULATIONS

(As of January 1, 1965)

Title 19—Customs Duties (Revised).______$1.75 Title 27—Intoxicating Liquors (Pocket Supplement)__ ___ $0.30 Title 29—Labor (Revised)______$3.00 Title 46—Shipping (Parts 1-145) (Pocket Supplement)__ $0.50

A cumulative checklist of CFR issuances for 1965 appears in the first issue of each month under Title 1.

Order from Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402

Published daily, .Tuesday through Saturday (no publication oh Sundays, Mondays, or on the day after an official Federal holiday), by the Office of the Federal Register, National fedemiM register Archives and Records Service, General Services Administration (mail address National Area Code 202 Phone 963-3261 . owed Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The F ederal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code o p -Federal Regulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register\ Act, as amended. The Code of F ederal Regulations is sold by the Superintendent o Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal Register or the Code op Federal Regulation . Contents

CUSTOMS BUREAU Hearings, etc.: THE PRESIDENT American Colonial Broadcast­ Notices ing Corp------5868 EXECUTIVE ORDERS Perchlorethylene solvent from Caraballo, Sergio Martinez and Amending Executive Order No. France; withholding of ap­ Caribbean Broadcasting Corp_ 5868 11017 so as to make the Chair­ praisement notice______5862 Hicks, Ralph______5868 man of the Tennessee Valley Special customs invoice; delay of Authority a member of the Rec­ form requirement______5862 FEDERAL HOME LOAN reation Advisory Council_____ 5821 BANK BOARD Designation of Vietnam and Proposed Rule Making waters adjacent thereto as a FEDERAL AVIATION AGENCY combat zone for the purposes of Rules and Regulations Federal savings and loan system; lending powers______5861 Section 112 of the Internal Rev­ Airworthiness directives; Boeing enue Code of 1954______5817 Model 707 Series aircraft_____ 5827 FEDERAL POWER COMMISSION Inspection of income, excess- Alterations : profits, estate, and gift tax re­ Control zone______5830 Proposed Rule Making turns by the Committee on Un- Transition area______5830 Independent procedures and inter­ American Activities, House of Restricted areas------__ 5831 state natural gas companies; Representatives______5819 Control zones, transition areas, nonacceptability of contracts- 5861 and control area extensions; al­ Notices terations, designations, and EXECUTIVE AGENCIES D U / LILyOf GUIs.. revocations (3 documents)____ 5827, Bluebonnet Gas Corp______5869 AGRICULTURAL STABILIZATION 5829, 5830 VOR Federal airway and jet route; City of Auburn, Kans______5869 AND CONSERVATION Cushing Gas Transmission Co_ 5870 designation______5831 El Paso Natural Gas Co. (2 SERVICE Standard instrument approach p r o c e d u r e s ; miscellaneous documents)______5870 Rules and Regulations amendments; correction______5831 Kentucky Gas Transmission Sugarbeets; approved local areas Corp. and United Fuel Gas for 1964 crop______5825 ' Proposed Rule Making C o______5871 Control area extensions, control Natural Gas Pipe Line Com­ zones and transition area; revo­ pany of ^America (2 docu­ AGRICULTURE DEPARTMENT cation, alteration and designa- ments)______!______5871 See Agricultural Stabilization and tion______5856 Ohio Fuel Gas Co______5872 Conservation Service; Consumer Control zone, control area, control Tennessee Gas Transmission and Marketing Service. area extension and transition; C o______5872 alteration, revocation, and des­ Tribune Oil Corp. et al______5872 CIVIL AERONAUTICS BOARD ignation______5857 Control zone, transition area and FEDERAL RESERVE SYSTEM Notices control area extension; altera­ Rules and Regulations Hearings, etc.: tion, designation and revoca­ Credit by brokers, dealers and Delta Air Lines, Inc______5864 tion______— 5854 members of national securities Seneca Air Services, Ltd______5865 Control zones and transition exchanges; special accounts__ 5826 areas; alteration and designa­ CIVIL SERVICE COMMISSION tion (2 documents)______5855 FOOD AND DRUG Rules and Regulations Notices ADMINISTRATION Determination of no hazard to Rules and Regulations Navy Department; excepted serv­ air navigation: ice______5825 Diamond Engineering Co_____ 5865 Dressings for foods; optional Evening Star Broadcasting Co., standards______5831 COMMERCE DEPARTMENT Inc______5865 Notices See National Bureau of Standards. Sather, Orville J______5866 Petitions filed regarding food addi­ Washington Post Co______5867 tives : CONSUMER AND MARKETING Elanco Products Co______5863 United States Rubber Co_____ 5863 SERVICE FEDERAL COMMUNICATIONS Rules and Regulations COMMISSION GENERAL SERVICES Lemons grown in California and Rules and Regulations ADMINISTRATION Arizona; handling limitations 5826 Radio broadcast services; table Rules and Regulations Tobacco, Type 62 shade-grown of assignments______j_ 5833 Excess personal property report­ cigar leaf, grown in designated Proposed Rule Making ing requirements______5823 area of Florida and Georgia; expenses and rate of assessment- 5826 FM broadcast stations; table of assignments : HEALTH, EDUCATION, AND Proposed Rule Making Albion and Marshall, Mich____ 5860 WELFARE DEPARTMENT Milk in Rio Grande Valley mar­ Eatonton, N.J., et al------5860 See also Food and Drug Admin­ keting area; recommended de­ Uniform system of accounts and istration. cision ______5851 preservation of records; reten­ Mixed nuts in shell; proposed tion periods and item descrip­ Rules and Regulations standards______- ______5850 tions______5858 Allocation and utilization of sur­ Notices Notices plus personal property for pub­ lic health, educational and de­ Delegations of authority to certain Standard broadcast applications fense purposes______5833 officials in Poultry Division (3 ready and available for proc­ documents)______5862, 5863 essing______5868 (Continued, on next page) 5815 5816 CONTENTS

INDIAN AFFAIRS BUREAU Motor carrier transfer proceed­ SMALL BUSINESS ings______5888 Proposed Rule Making Statements of changes in financial ADMINISTRATION Roadless area on Indian .reserva­ interests:. Notices tions______i ______5849 Koéhler, August W______»__ 5888 Delegations of authority to con­ Wuerker, Alexander W__ 5888 duct program activities in re- INTERIOR DEPARTMENT gional areas: See also Indian Affairs Bureau; JUSTICE DEPARTMENT Albuquerque, N. Mex______5880 Land Management Bureau. Rules and Regulations Atlanta, Ga______5877 Notices Birmingham, Ala___2______5874 O r g a n iz a t io n ; miscellaneous Charlotte, N.C______5881 Statements of changes in finan- amendments. ______.______5832 Columbia, S.C______5883 cial interests: Jackson, Miss______5879 Chamberlain, Alexander. 5862 LAND MANAGEMENT BUREAU Jacksonville, Fla______5875 Witts, Seth N______5862 Notices Little Rock, Ark.,______5875 Louisville, Ky_:______5878 INTERNAL REVENUE SERVICE Colorado; proposed withdrawal Lubbock, Tex______5884 and reservation of lands______5862 Proposed Rule Making Miami, F la._____ I______5876 Income tax; statutory provisions. 5841 Nashville, Tenn______5883 NATIONAL BUREAU OF New Orleans, La______5879 STANDARDS New York, N.Y______5880 INTERSTATE COMMERCE Oklahoma City, Okla______5882 COMMISSION Notices Rules and Regulations Radio Station WWVH, Maui, Ha­ TREASURY DEPARTMENT waii; improved service______5862 Motor carrier temporary authori­ See Customs Bureau; Internal ties ___ 5836 SECURITIES AND EXCHANGE Revenue Service. Notices COMMISSION Fourth section applications for UNITED STATES INFORMATION relief______5887 Notices LTL or AQ traffic, central terri­ Pierce Bröthens; notice of applica­ AGENCY tory; increased rates and tion and opportunity for hear­ Rules and Regulations charges______5885 in g.______5874 Information media guaranties___ 5832

List of CFR Parts Affected

(Codification Guide)

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

3 CFR 14 CFR 26 CFR Executive Orders: gg ______5827 P roposed R ules: 11012 (amended by EO 11218)___ 5821 71 (6 documents)_____ 5827, 5829-5831 ...... 5841 11216 ______5817 73______5831 11217 ______^______5819 75__ 5831 28 CFR 11218 ______5821 97______5831 .. 5832 P roposed R ules: ; ■ X... ■; pMtflÄÄ 5 CFR 71 (5 documents)______5854-5857 41 CFR 213______5825 18 CFR 101-43______5823 7 CFR P roposed Rules: 154_____ 5861 45 CFR 849______5825 5833 910______5826 157_*______5861 13______—___ 1201__ 5826 21 CFR 47 CFR P roposed R ules: 5833 51______5850 25______I___ — 5831 73_!______------^ 5851 P roposed Rules: 1138 22 CFR 3 1 ______— .. 5858 501_____ 5832 42______5858 12 CFR 73 (2 rtnwimpntRl __ 5860 220______5826 25 CFR P roposed R ules: Proposed R ules: 49 CFR 545______+______5861 163______5849 240______5836 Presidential Documents Title 3— THE PRESIDENT Executive Order 11216 DESIGNATION OF VIETNAM AND WATERS ADJACENT THERETO AS A COMBAT ZONE FOR THE PURPOSES OF SECTION 112 OF THE INTER­ NAL REVENUE CODE OF 1954 Pursuant to the authority vested in me by section 112 of the Internal Revenue Code of 1954, I hereby designate, for the purposes of that section, as an area in which Armed Forces of the United States are and have been engaged in combat: Vietnam, including the waters adjacent thereto within the following- described limits: From a point on the East Coast of Vietnam at the juncture of Vietnam with China southeastward to 21° N Lat., 108° 15' E Long.; thencirSouthward to 18° N Lat., 108° 15' E Long.; thence southeastward to 17° 30' N Lat., 111° E Long.; thence southward to 11° N Lat., 111° E Long.; thence southwestward to 7° N Lat., 105° E Long.; thence westward to 7° N Lat., 103° E Long.; thence northward to 9° 30' N Lat., 103° E Long.; thence northeastward to 10° 15' N Lat., 104° 27' E Long.; thence northward to a point on the West Coast of Vietnam at the juncture of Vietnam with Cambodia. The date of the commencing of combatant activities in such area is hereby designated as January 1,1964. L yndon B. J ohnson T he W hite H ouse, April 1965. [F.R. Doc. 65-4490; Filed, Apr. 26,1965; 3 :11 p.m.]

5817

Tuesday, April 27, 1965 FEDERAL REGISTER 5819

Executive Order 11217 INSPECTION OF INCOME, EXCESS-PROFITS, ESTATE, AND GIFT TAX RE­ TURNS BY THE COMMITTEE ON UN-AMERICAN ACTIVITIES, HOUSE OF REPRESENTATIVES By virtue of the authority vested in me by section 55(a) of the Internal Revenue Code of 1939, as amended (53 Stat. 29, 54 Stat. 1008^.26 U.S.C. (1952 Ed.) 55(a)), and by section 6103(a) of the <• Internal Revenue Code of 1954, as amended (68A Stat. 753; 26 U.S.C. 6103(a)), it is hereby ordered that any income, excess-profits, estate, or gift tax return for the years 1947 to 1965, inclusive, shall, during the Eighty-ninth Congress, be open to inspection by the Committee on Un-American Activities, House of Representatives, or any duly authorized subcommittee thereof, for the purpose of carrying on those investigations of subversive and un-American activities and propa­ ganda authorized by clause 18 of Rule X I of the Rules of the House of Representatives, agreed to January 4, 1965. Such inspection shall be in accordance and upon compliance with the rules and regulations prescribed by the Secretary of the Treasury in Treasury Decisions 6132 and 6133, relating to the inspection of returns by committees of the Congress, approved by the President on May 3, 1955. This order shall be effective upon its filing for publication in the F e d e r a l R e g i s t e r . L yndon B. J ohnson T he W hite H ouse, A p ril 24-, 1965. [F.R. Doc. 65-4491 ; Filed, Apr. 26,1965 ; 3:11 pan.]

Tuesday, April 27, 1965 FEDERAL REGISTER

Executive Order 11218 AMENDING EXECUTIVE ORDER NO. 110171 SO AS TO MAKE THE CHAIRMAN OF THE TENNESSEE VALLEY AUTHORITY A MEMBER OF THE RECREATION ADVISORY COUNCIL By virtue of the authority vested in me as President of the United States, it is ordered that Executive Order No. 11017 of April 27,1962, as amended, be, and it is hereby, further amended by substituting for subsection (a) of Section 1 thereof the following: “ ( a) There is hereby established the Recreation Advisory Council (hereinafter referred to as the Council). The Council shall be com­ posed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, the Administrator of the Housing and Home Finance Agency, and the Chairman of the Tennessee Valley Authority. The chairmanship of the Council shall rotate among these officials in the order named and for terms of two years each. Each of the foregoing officers may appoint a delegate to represent him in Council activity. When matters affecting the interests of Federal agencies (including, as used in this Order, executive departments and other executive agencies) the heads of which are not members of the Council are to be considered by the Council, the chairman of the Council shall invite such heads to participate in the deliberations of the Council.” L yndon B. J ohnson T he W hite H ouse, A p ril 2^ 1965. [F.R. Doc. 65-4492 ; Filed, Apr. 26,1965 ; 3:11 p.m.] 3 CFR, 1959-1963 Comp., p. 597 ; 27 F.R. 4141.

Rules and Regulations

General Services Administration, Utilization and Disposal Service, Utilization Divi­ Title 41— PUBLIC CONTRACTS sion, Washington, D.C., 20405, rather than to a General Services Administration regional office. AND PROPERTY MANAGEMENT (d) The table follows: Federal supply classification Chapter 101— Federal Property Not Reportable Minimum reportable to GSA reportable Management Regulations Group ' Group identification Classes to-GSA condition codes No. SUBCHAPTER H— UTILIZATION AND DISPOSAL PART 101-43— UTILIZATION OF 10 All...... 11 A ll...... PERSONAL PROPERTY 12 All...... 13 Ammunition and explosives- All Subpart 101-43.49— Illustrations 14 N4, E4, 04, R4. Revision of Excess P ersonal P roperty 1440 launchers, guided mis­ sile. R eporting R equirements 16 Aircraft; and airframe struc­ tural components. 1510 aircraft, fixed wing, as This amendment to § 101-43.4901 in­ specified by note B above. creases the number of classes of report- 1520 aircraft, rotary wing, as specified by note B able excess personal property, increases above. iN4, E4, 04, R4. the number of reportable conditions, components, as specified changes the minimum acquisition cost by note B above. (or standard price) for the reportability 16 Aircraft components and All, as specified by note B N2, E2. of certain classes, and broadens the types accessories. above, except. 1670 parachutes and aerial N4, E4, 04, R4. of aircraft to be reported. pick up, delivery, and Section 101-43.4901 is amended to read cargo tie down equip­ ment. as follows: 17 Aircraft launching, landing, All...... and ground handling § 101—43.4901 Excess personal prop­ equipment. erty reporting requirem ents. 18 1850 space vehicle handling 1 (a) The table below shows the groups and servicing equipment. 1860 space survival equip­ >N4, E4, 04, R2. and classes reportable to General Serv­ ment. i ices Administration. A line item in a 19 Ships, small craft, pontoons, Vessels over 1500 gross tons— X______and floating docks. Vessels 1500 gross tons or X—______reportable class will be reported when: under, except. (1) It has a condition code the same 1905 combat ships and land­ as or better than any of the condition ing vessels. codes shown in the last column; and 1915 cargo and tanker vessels. (2) It has an acquisition cost (or 1930 barges and lighters, cargo. •N3, E3, 03, R3. standard price) of $300 or more, except 1935 barges and lighters, that a line item reportable to General special purpose. Services Administration in groups 32, 51, 55, 71, 74, 75, or 78 will be reported if it 20 Ship and marine equipment. All ...... has an acquisition cost (or standard 22 price) of $100 or more. | n 4, E4, 04, R4. (b) With respect to aircraft and air­ 2230 right-of-way construc­ 1 tion and maintenance craft components and accessories: equipment, railroad. In 3, E3, 03, R2. (1) The table below states that line 2250 track materials, rail- road. items as specified herein will be reported 23 Motor vehicles, trailers and N4, E4, 04, R4. when in class 1510,1520, 1560, 2810, 2840, cycles. Armored vehicles in 2320 X______trucks and truck tractors. or any class in group 16 except 1670. In 2350 tanks and self-propelled X______Agencies other than the Department of weapons. Defense all line items in these classes 24 All ...... N4, E4, 04, R4. 26 Vehicular equipment com­ All...... will be reported when dollar and con­ ponents. dition criteria are met. In the Depart­ 26 2610 tires and tubes, penu- N3. ment of Defense aircraft in class 1510 matic, except aircraft. which are in the Cargo/Transport, Ob­ 28 Engines, turbines and com­ ponents. 2805 gasoline reciprocating 1 servation, Anti-Sub, Trainer, or Utility engines, except aircraft; series, all aircraft in class 1520, and line and components. In 3, E3. items in the other classes which are 2815 diesel engines and com­ ponents. ) components of these aircraft will be re­ 2810 gasoline reciprocating ported when dollar and condition criteria engines, aircraft; and components, as specified are met. by note B above. (2) Items in classes 1510 and 1520, 2840 gas turbines and jet iN2, E2. - engines, aircraft; and held by the Department of Defense or components, as specified other Agencies, will be reported to the by note B above.' 29 All General, Services Administration, Utili­ 30 Mechanical power trans­ All zation and Disposal Service, Utilization mission equipment. Division, Washington, D.C., 20405, rather 31 All...... X______32 Woodworking machinery A ll N4, E4, 04, R4. than to a General Services Administra­ and equipment. tion regional office. 34 Metalworking machinery__ A ll...... X...... N4, E4, 04, R4. 36 Service and trade equip­ All...... N2, E2, 02, R2. (c) Electronic data processing equip­ ment. ment covered by § 101-43.313-5, whether 36 Special industry machinery— A ll X...... N3, E3, 03, R3. 37 Agricultural machinery A ll X...... N4, E4, 04, R4. such equipment falls within group 74 or and equipment. otherwise, will be reported in the man­ 38 Construction, mining, ex­ A ll...... x__ N4, E4, 04, R4. cavating, and highway ner set forth in § 101-43.313-5 to the maintenance equipment. 5823 5824 5824

Federal supply classification Federal supply classification Not Reportable Minimum Not Reportable Minimum reportable to GSA reportable reportable to GSA reportable to GSA condition codes Group Group identification Classes to GSA condition codes Group Identification Classes No.

All except______N3, E3, 03. 39 Materials handling equip­ All X...... N4, E4, 04, R4. Medical, dental, and vet­ ment. erinary equipment and 6505 drugs, biologicals, and All X...... N3, E3, 03, R2. supplies. official reagents. 40 Rope, cable, chain and fit­ 6510 surgical dressing ma- Nl. tings. All X-...... N4, E4, 04, R4. 41 Refrigeration and air con­ 6530 hospital furniture, N3, E3, 03, R3. ditioning equipment. equipment, utensils, and 42 Fire fighting, rescue, and X...... N4, E4, 04, R4. 4230 decontaminating and supplies. safety equipment. Instruments and laboratory All except------N3, E 3,03, R2. impregnating equipment. 6605 navigational instru­ 4240 safety and rescue X N3, E3, 03, R2. equipment. equipment. ments. 43 X______N4, E4, 04, R4. 6610 flight Instruments____ X _ N2, E2, 02, R2. 6615 automatic pilot mech­ 4330 centrifugals, separators, anisms and airborne gyro and pressure and vacuum components. >N3, E3, 08. filters. 6620 engine instrum ents..... 44 Furnace, steam plant, and All ...... X— _____ N2, E2, 02. drying equipment; and 6é40 laboratory equipment nuclear reactors. and supplies. All X______N3, E3, 03, R2. 6655 geophysical and astro­ 45 Plumbing, heating and sani­ nomical instruments. tation equipment. 6625 electrical and electronic 46 Water purification and A ll ...... X______N3, E3, 03, R2. properties measuring and •N4, E4, 04, R4. sewage treatment equip­ testing instruments. ment. 6650 optical instruments___ 47 Pipe, tubing, hose and All ...... X...... N3, E3, 03, R2. Photographic equipm ent.... All except______— N3, E3, 03, R2. fittings. N4. REGULATIONS AND RULES All ...... _r _ X N3, E2, 02. 6760 photographic supplies .. 48 6770 film, processed— .... 49 Maintenance and repair X_____ ... N3, E3, 03, R3. N3. shop equipment. Chemicals and chemical All...... nance and repair shop products. specialized equipment. Training aids and devices__ All except...... N3, E 3,03, R2. 4931 fire control mainte­ T 6920 armament training nance and repair shop devices, Furniture______— AU...... N4, E4, 04, R4. specialized equipment. N3, E3, 03, R2. 4933 weapons maintenance Household and commercial AU except...____ ...... ------furnishings and appliances. 7210 household furnishings.. N3, E3, 03, R3- and repair shop special­ N3, E3, 03. ized equipment. Foor preparation and serv­ AU except..______— All X...... N3, E3, 03, R2. ing equipment. 7310 food cooking, baking, 61 | n 3, E3, 03, R2. 52 All X______N3, E3, 03, R2. and warming equipment. 53 All , X______N3. 7320 kitchen equipment and appliances. 54 a i i X______— N4, E4, 04, R3. N4, E4, 04, R4. and scaffolding. Office machines, visible AU except______55 Lumber, miUwork, ply­ a i i _ X...... N3. . record equipment, and 7450 office type sound re­ data processing equip­ cording and reproducing wood and veneer. •N3, E3, 03, R2. 56 Construction and building N3. ment (see note C above). machines. materials. Sand, gravel and stone in 7490 misceUaneous office 5610 mineral construction machines. materials, bulk. Office supplies and devices . AU...... — N3. 58 Communication equipment. All N4, E4, 04, R4. Books, maps, and other All except______publications. 7610 books and pamphlets.'.. N2, E2, 02. 59 Electrical and electronic N3. N3, E3, 03, R2. equipment components. 5965 headsets, handsets, Musical instruments, pho­ All except...... nographs, and home-type 7710 mûsical instruments— N4, E4, 04, R4. microphones and 7740 phonograph records___ N3, E3, 08. speakers. N3, E8, 03, R3. radios. 5975 electrical hardware and Recreational and athletic AU...... N3, E3, 03, R2. supplies. equipment. 5999 miscellaneous electrical Cleaning equipment and AU except______....;.. N3, E3, 03, R2. and electronic com­ supplies. 7920 brooms, brushes, mops, N3, E3, 03. ponents. and sponges. 61 Electric wire, and power N3, E3, 03, R2. 7930 cleaning and polishing N3. compounds and prepa­ and distribution equip­ [N4, E4, 04, R4. ment. 6115 generators and gen­ rations. erator sets, electrical. Brushes, paints, sealers, AU...... N3. and adhesives. [NS. Containers, packaging, and AU except...... 62 Lighting fixtures and lamps. packing supplies. 8105 bags and sacks...... N2, E2, 02, R2. 8115 boxes, cartons and electric lighting fixtures. crates. -N3, E3, 03, R2. 6230 electric portable and N4, E4, 04, R4. 8120 commercial and indus­ hand fighting equipment. trial gas cyUnders. 8110 drums and cans______N4, E4, 04, R4. 6250 ballasts, lampholders, ÌN3. 8135 packaging and packing N3. and starters. bulk materials. 63 Alarm and signal systems.. All...... X______Tuesday, April 27, 1965 FEDERAL REGISTER 5825

Federal supply classification Not Reportable Title 7— AGRICULTURE reportable to GSA reportable Group Group identification Classes to GSA condition codes Chapter VIII— Agricultural Stabiliza­ No. tion and Conservation Service (Sugar), Department of Agriculture 83 Textiles, leather, and furs__ All except______N3. 8305 textile fabrics______N3, E3, 03. SUBCHAPTER G— DETERMINATION OF 8340 tents and tarpanlins N4, E4, 04, R4. 8345 flags and pennants____ PROPORTIONATE SHARES 84 Clothing and individual All except...... N3. equipment. 8405 outerwear, men’s...... 1 [Sugar Determination 849.2, Rev. 2, Supp. 1] 8415 clothing, special purpose. In 4, E4, 04, R4. PART 849— DOMESTIC BEET SUGAR 8410 outerwear, women’s___ 8430 footwear, men’s______1 PRODUCING AREA PREVENTED 8436 footwear, women’s 8460 luggage______[n 3, E3, 03, R2. ACREAGE CREDIT; 1964 AND SUB­ 8465 individual equipment.. J SEQUENT CROPS 8455 badges and insignia___ 85 Toiletries______All...... _...... N2. 87 Agricultural supplies______All...... Approved Local Areas for 1964 Crop 88 Live animals . _ _ _ All...... of Sugarbeets 89 Subsistence______All except______8965 beverages, alcoholic___ N3. § 849.8 Approved local areas for the 91 Fuels, lubricants, oils, and All______N3. waxes. 1964 crop of sugarbeets. 93 Nonmetallic fabricated A ll...... N3. materials. For purposes of considering eligibil­ 94 Nonmetallic crude materials. All...... ity for prevented acreage credit, the 95 Metal bars, sheets, and An except—______N4. shapes. 9510 bars and rods, ir o n ___ respective Agricultural Stabilization and and steel. Conservation County Committees have 9515 plate, sheet, and strip: determined with respect to the local pro­ iron and steel. 1N3, E3, 03. 9535 plate, sheet, strip, and X ducing areas listed herein that on 10 foil: nonferrous base percent or more of the sugarbeet farms metal. 96 Ores, minerals, and their All except______in each area, or on an acreage equal to primary products. 9640 iron and steel primary 10 percent or more of the number of and semifinished products. 9650 nonferrous base m etal.. acres planted to sugarbeets on farms in refinery and intermediate N3. each area, the planting of sugarbeets was forms. 9660 precious metals pri­ prevented because of drought, flood, mary forms. storm, freeze, disease, or insects, or the 99 Miscellaneous______, All except. ... N2. planting or harvesting was prevented by 9910 iewelrv. _ N2, E2, 02, Rl. 9999 miscellaneous items N4, E4, 04, R4. other similar abnormal and uncon­ trollable conditions determined by the (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) Deputy Administrator, State and County (e) U.S. Naval Research Laboratory, Operations, in accordance with § 849.2. Effective date. This amendment is Washington, D.C.; U.S. Navy Electronics (a) California: effective July 1,1965. Laboratory, San Diego, Calif.; U.S. Naval Ordnance Laboratory, White Oak, Sil­ County and Areas Dated: April 15,1965. ver Spring, Md.; and U.S. Naval Weapons Butte: Area 1; Area 2. Lawson B . K nott, Jr., Laboratory, Dahlgren, Va. Glenn: Area 1; Area2; Area 3. Acting Administrator (1) Scientific and professional re­ Sacramento: Area 1; Area 2; Area 3; Area 4; of General Services. search associate positions when filled on Area 5; T. 4 N., R. 3 E.; T. 4 N., R. 4 E. a temporary or intermittent basis by Solano: Area 1. [F.R. Doc. 65-4369; Filed, Apr. 26, 1965; Yolo: Area 5; Area 6; Area 7; Area 8. 8:45 a.m.] persons having a doctoral degree in physical science or related fièlds of study, (b) Colorado: for research activities of mutual inter­ est to the appointees and the Laboratory. County and Areas Title 5— ADMINISTRATIVE Appointments under this provision may Bent: Area 1; Area 2. Crowley: Area 1; Area 2; T. 21 S., R. 58 W ; not exceed 20 each calendar year at the T. 19S..R. 56 W. PERSONNEL Naval Research Laboratory, 6 each cal­ Las Animas: Las Animas County. Chapter I— Civil Service Commission endar year at the U.S. Navy Electronics Logan: Area 1. Laboratory, 10 each calendar year at the Otero: Area 1; Area 2; Area 3. PART 213— EXCEPTED SERVICE U.S. Naval Ordnance Laboratory, and 10 Prowers: Area 1; Area 2; Area 3. each calendar year at the U.S. Naval Pueblo: Area 1; T. 22 S., R. 60 W.; T. 21 S., Department of the Navy Weapons Laboratory. Employment un­ R. 61 W.; T. 21 S., R. 62 W.; T 20 S., R. 63 Section 213.3108 is amended to delete der this provision will not exceed 1 year W.; T. 21 S., R. 63 W.; T. 21 S., R. 64 W. the limits on the total employment in in any individual case: Provided, That (c) Idaho: such employment may, with the approval postdoctoral scientific and professional County and Areas research associate positions at the four of the Commission, be extended for not to exceed an additional year. Bannock: Area 3. Naval Laboratories excepted under Caribou: Area l; Area 2. Schedule A, and provide that the num­ (R.S. 1753, sec. 2, 22 Stat. 403, as amended; Franklin: Area 2; Area 3; Area 4; T. 15 S, ber of such appointments that may be 5 U.S.C. 631, 633; E.O. 10577, 19 F.R. 7521, R. 39 E.; T. 16 S., R. 39 E. made yearly at each Laboratory conform 3 CFR, 1954-58 Comp., p. 218) to set limits. The set limit for the Naval (d) Michigan: nited tates ivil erv Research Laboratory is increased from U S C S ­ County and Areas 10 to 20 appointments yearly. Effective ice Commission, [seal] Mary V. W enzel, Genesee: Genesee County. upon publication in the F ederal R egis­ Gratiot: Area 2; Lafayette. ter, subparagraph (1) of paragraph (e) Executive Assistant to Huron: Area 1; Area 2; Area 3; Area 4; Sand of § 213.3108 is amended as set out below. the Commissioners. Beach. St. Clair: Mussey. § 213.3108 Department of the Navy. [F.R. Doc. 65-4390; Filed, Apr. 26, 1965; Sanilac: Area4; Elmer; Lexington. » * * * * 8:49 a.m.] Tuscola: Area 1; Juniata. 5826 RULES AND REGULATIONS

(e) Montana: Order No. 910, as amended (7 CFR Part ment for the fiscal period ending January County and Areas 910), regulating the handling of lemons 31, 1966. The amended marketing grown in California and Arizona, effec­ agreement and amended order are ef­ Big Horn: Area 1; Area 2; Area 3; Area 4; T. 2 S., R. 33 E.; T. 1 N„ R. 33 E. tive under the applicable provisions of fective under the Agricultural Marketing the Agricultural Marketing Agreement Agreement Act of 1937, as amended (7 (f) Nebraska: Act of 1937, as amended (7 U.S.C. 601- U.S.C. 601 et seq.). * County and Areas 674), and upon the basis of the recom­ After consideration of all relevant mat­ mendation and information submitted by ter presented, including the aforesaid Hall: Hall County. the Lemon Administrative Committee, notice, it is hereby found as follows with (g) Ohio: established under the said amended respect to the expenses of the Control marketing agreement and order, and Committee for the fiscal period ending County and Areas upon other available information, it is January 31,1966, and the related assess­ Hardin: Area2. hereby found that the limitation of han­ ment rate: (h) Oregon: dling of such lemons, as hereinafter provided, will tend to effectuate the de­ § 1201.300 Expenses and rate of assess­ County and Areas ment for the fiscal period ending Jan­ clared policy of the act. uary 31, 1966. Malheur: T. 19 S., R. 43 E. (2) It is hereby further found that it is impracticable and contrary to the (a) Expenses. E x p e n s e s in the (i) Utah: public interest to give preliminary no­ amount of $8,500 are reasonable and County and Areas tice, engage in public rule-making pro­ likely to be incurred by the Control Com­ Box Elder: Community H. cedure, and postpone the effective date mittee for its maintenance and func­ Cache: Area 1; Area 2; Community D; Com­ of this amendment until 30 days after tioning during the fiscal period ending munity E. publication hereof in the F ederal R eg­ January 31,1966. Carbon: Carbon County. ister (5 U.S.C. 1001-1011) because the (b) Rate of assessment. The rate of Millard: Community D. time intervening between the date when assessment which each handler shall pay, Sampete: Area 3; Area 4; Community F. information upon which this amendment in accordance with the applicable pro­ Sevier: Sevier County. visions of said amended marketing agree­ Utah: Area 1; Area 2; Community A; Com­ is based became available and the time munity B; Community G; Community H; when this amendment must become ment and amended order, as his pro rata Community I. effective in order to effectuate the de­ share of the aforesaid expenses is hereby Weber: Community B; Community C; Com­ clared policy of the act is insufficient, and fixed at $1.00 per 1,000 pounds of tobacco munity D. this amendment relieves restriction on handled by such handler as the first han­ the handling of lemons grown in Cali­ dler thereof during the fiscal period end­ Statement of bases and considerations. fornia and Arizona. ing January 31,1966. One of the conditions of eligibility of a (b) Order, as amended. The provi­ (c) Terms used in this section shall sugarbeet producer for prevented acre­ sions in paragraph Cb) (1) (ii) of § 910.457 have the same meaning as when used in age credit, as provided in § 849.2, is that (Lemon Reg. 157, 30 F.R. 5504) are here­ said amended marketing agreement and the farm of such producer be located in by amended to read as follows: amended order. a local producing area for which the Agricultural Stabilization and Conserva­ § 910.457 Lemon Regulation 157. It is hereby further found that good tion County Committee determines that * * * * 4e cause exists for not postponing the ef­ the planting or harvesting of sugarbeets (b) Order. * * * fective time of this action until 30 days after publication in the F ederal Regis­ was adversely, seriously and generally (ii) District 2: 274,350 cartons. ter (5 U.S.C. 1001-1011) in that (a) the affected by certain uncontrollable nat­ ♦ ♦ îk sk sk ural conditions on 10 percent or more of relevant provisions of said amended (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. marketing agreement and amended order the sugarbeet farms in the area or on 601-674) an acreage equal to 10 percent or more require that the rate of assessment fixed of the number of acres planted to sugar- Dated: April22,1965. for a particular fiscal period shall be applicable to all assessable tobacco han­ beets on farms in the area. P aul A. Nicholson, The purpose of this supplement is to dled during such fiscal period, and (b) Deputy Director, Fruit and the current fiscal period began February give notice that specific local producing Vegetable Division, Consumer 1, 1965, and the rate of assessment here­ areas have qualified under the require­ and Marketing Service. in fixed will automatically apply to all ments of § 849.2 with respect to the 1964 [F.R. Doc. 65-4364; Filed, Apr. 26, 1965; such assessable tobacco beginning with crop of sugarbeets. 8:47 am.] such date. (Sec. 403, 61 Stat. 932; 7 U.S.C. 1153, Sec. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 302, 61 Stat. 930, as amended; 7 U.S.C. 1132) Chapter XI— Consumer and Market­ 601-674) Effective date: Date of publication. ing Service (Marketing Agreements Dated: April 22, 1965. Signed at Washington, D.C., on April and Orders; Miscellaneous Com­ Stephen E. W rather, 22,1965. modities), Department of Agricul­ Director, Tobacco Division, Con­ R ay F itzgerald, ture sumer and Marketing Service. Deputy Administrator, State [F.R. Doc. 65-4405; Filed, Apr. 26, 1965; and County Operations, Agri­ PART 1201— TYPE 62 SHADE- 8:50 a.m.] cultural Stabilization and GROWN CIGAR-LEAF TOBACCO Conservation Service. GROWN IN DESIGNATED PRODUC­ [FJt. Doc. 65-4407; Filed,' Apr. 26, 1965; TION AREÂ OF FLORIDA AND 8:50 a.m.] Title 12— BANKS AND BANKING GEORGIA Chapter II— Federal Reserve System Chapter IX— Consumer and Market­ Subpart— Expenses and Rate of SUBCHAPTER A— BOARD OF GOVERNORS OF Assessment THE FEDERAL RESERVE SYSTEM ing Service (Marketing Agreements and Orders; Fruits, Vegetables, Tree Notice was published in the F ederal [Reg. T] Nuts), Department of Agriculture R egister on April 2, 1965 (30 F.R. 4321), PART 220— CREDIT BY BROKERS, that there were under consideration DEALERS AND MEMBERS OF NA­ [Lemon Reg. 157, Arndt. 1] proposals regarding expenses of the Con­ TIONAL SECURITIES EXCHANGES PART 910— LEMONS GROWN IN trol Committee (established under the Amended Marketing Agreement and Modification of 7-Day Rule in Special CALIFORNIA AND ARIZONA Amended Order No. 195 (7 CFR Part Cash Account Limitation of Handling 1201)) regulating the handling of Type 62 shade-grown cigar-leaf tobacco grown April 19,1965. (a) Findings. (1) Pursuant to thein designated production area of Florida 1. Effective May 15, 1965, paragraph marketing agreement, as amended, and and Georgia and related rate of assess­ (c) (3) Of § 220.4 reads as follows: Tuesday, April 27, 1965 FEDERAL REGISTER 5827

§ 220.4 Special accounts. Dated at Washington, D.C., this 19th Issued in Washington, D.C., on April

* * * * ' $ day of April 1965. 16, 1965. C. W. Walker, (c) Special cash account. * * * Board of Governors of Acting Director, (3) If the security when so purchased the F ederal R eserve Flight Standards Service. is an unissued security, the period ap­ System, plicable to the transaction under sub- [seal] Merritt S herman, [F.R. Doc. 65-4336; Filed, Apr. 26, 1965; paragraph (2) of this paragraph shall be Secretary. 8:46 a.m.] 7 days after the date on which the se­ [F.R. Doc. 65-4320; Filed, Apr. 26, 1965; curity is made available by the issuer 8:45 a.m.] for delivery to purchasers. If the se­ [Airspace Docket No. 63-SW-82] curity when so purchased is a “when dis­ PART 71— DESIGNATION OF FEDERAL tributed” security which is to be distrib­ AIRWAYS, CONTROLLED AIRSPACE, uted in accordance with a published plan, Title 14— AERONAUTICS AND the period applicable to the transaction AND REPORTING POINTS under subparagraph (2) of this para­ SPACE Designation, Alteration and Revoca­ graph shall be 7 days after the date on tion of Control Zones, Designation Chapter I— Federal Aviation Agency which the security is so distributed. If of Transition Areas, and Revoca­ the security when so purchased is a new [Docket No. 6603; Amdt. 39-58] security issued or to be issued for the tion of Control Area Extension purpose of refunding outstanding securi­ PART 39— AIRWORTHINESS On February 12, 1965, a notice of pro­ ties which mature, or are to be payable DIRECTIVES posed rule making was published in the upon presentation for redemption, with­ F ederal R egister (30 F.R. 1996) stating in 35 days of the date on which the new Boeing Model 707 Series Aircraft 1that the Federal Aviation Agency pro­ security is made available by the issuer Amendment 80 (25 F.R. 336), AD 60- posed to alter the controlled airspace in for delivery to purchasers, the period ap­ 2-1, requires repetitive inspections of the Dallas-Fort Worth, Tex., terminal plicable to the transaction under sub- wing splice plates on certain Boeing area. paragraph (2) of this paragraph shall Model 707 Series aircraft until improved Interested persons were afforded an be 7 days after such maturity or pay­ plates are installed. The Agency has opportunity to participate in the rule ment date, provided, that this sentence been advised by the manufacturer that making through submission of com­ shall apply only to the payment of that cracks which are the subject of the AD ments. portion of the purchase price that does are more likely to appear during the Several comments were received on not exceed 103 percent of the amount early service life of the plates. behalf of the Texas Soaring Association, that will be payable to the purchaser of In view of the foregoing, and based on Inc., and the Soaring Society of America, the new security upon such maturity of the good service experience of high-time Inc., objecting to the TSA Gliderport, or payment for, securities owned by him aircraft, the Agency has determined an south of NAS Dallas, being contained in at the time of the purchase. increase from 750 hours’ time in service the 8-mile radius portion of the proposed * * * * * to 6,000 hours’ time in service may be Dallas, Tex. (NAS Dallas) control zone 2a. The Board has amended § 220.4 granted to operators with respect to their on the grounds that acrobatic flight ma­ (c) (3) so that the maximum time for high-time aircraft. Therefore, AD 60- neuvers essential to student training and payment for a new security issued to ac­ 2-1 is amended to provide a 5,250-hour normal soaring activities would be pro­ complish a total or partial refunding of increase in the repetitive inspection in­ hibited within an acceptable distance of an ’butstanding security shall be 7 days terval for aircraft with 12,000 or more the gliderport. after the maturity, redemption, or pre­ hours’ time in service. An 8-mile radius zone was proposed in payment date of such outstanding se­ Since this amendment relieves a re­ the Notice for NAS Dallas due to active striction and imposes no additional bur­ KC-97 operations being conducted at the curity, provided that the period from the den on any person, notice and public time the new security is actually avail­ NAS. procedure hereon are unnecessary and Subsequent to the issuance of the No­ able for delivery to the purchasers and the amendment may be made effective the maturity, redemption (or, if desired, tice, the Federal Aviation Agency was in less than 30 days. informed by the military that the KC-97 prepayment), does not exceed 35 days. In consideration of the foregoing, and Moreover, this rule applies only to that aircraft based at NAS Dallas will be mod­ pursuant to the authority delegated to ified prior to the effective date of this portion of the purchase price that does me by the Administrator (25 F.R. 6489), not exceed the amount payable upon Rule and that a 5-mile radius control § 39.13 of Part 39 (14 CFR Part 39), is zone will be adequate to protect these maturity, redemption, or prepayment, amended as follows: plus 3 percent of that payment to cover aircraft while executing instrument de­ Amendment 80 (25 F.R. 336), AD 60- parture procedures from the NAS. Ac­ minor increases due to purchase pre­ 2-1, Boeing Model 707 Series aircraft, is miums. The purchaser must own the cordingly, the NAS Dallas control zone amended by: is designated, in part, with a 5-mile ra­ outstanding securities at time of pur­ 1. Amending paragraph (b) to read: chase and at the time of maturity, re­ dius in lieu of the proposed 8-mile radius. demption, or prepayment. The reason (b) For aircraft with less than 12,000 In consideration of the foregoing, Part for this departure from the ordinary hours’ time in service, repeat the inspections 71 of the Federal Aviation Regulations is rules of payment is to allow investors the of original plates as described in paragraph amended, effective 0001 e.s.t. July 22, (a) at intervals not to exceed 750 hours’ 1965, as hereinafter set forth. opportunity to continue the same invest­ time in service from the last inspection. ment, without the hardship of advanc­ 1. In § 71.171 (30FJR. 3814) the Dallas, ing new funds, by allowing the applica- 2. Adding a new paragraph (c) to read: Tex., (Love Field) control zone is tion of the proceeds of the redemption to (c) For aircraft with 12,000 or more hours’ amended to read: the purchase. time in service, repeat the inspections of Dallas, Tex. (Love F ield) b. The amendment set forth herein original plates as described in paragraph (a) Tbat airspace bounded by a line begin­ was the subject of notice of proposed rule at intervals not to exceed 6,000 hours’ time ning at latitude 32°53'15'' N., longitude making published in the F ederal R egis­ in service from the last inspection. 96°59'35” W.; thence NE to latitude 32°56' ter (28 F.R. 9155, Aug. 20,1963), and was This amendment shall become effective 30” N. and the arc of a 5-mile radius circle adopted by the Board after consideration April 27, 1965. centered at Addison Airport (latitude 32°58' of all relevant views and arguments re­ 05” N., longitude 96*50'05” W.), W of Addi­ (Sec. 313(a), 601, and 603 of the Federal son Airport; thence clockwise along the arc ceived from interested persons. Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, of a 5-mile radius circle centered at Addison (15 U.S.C. 78g) 1423) Airport to and clockwise along the arc of a 5828 RULES AND REGULATIONS

6-mile radius circle centered at Love Field Love Field; thence NW to latitude 32° 53'15" tude 97°26’30" W.}; within a 5-mile radius (latitude 32°51'00" N.f longitude 96°50'50" N„ longitude 96°59'35" W.; thence W along of Meacham Field (latitude 32°49'00" N„ W.) to longitude 96°49'30" W.; thence S latitude 32°53'15" N. to and counterclockwise longitude 97°21'35" W.) ; within 2 miles each along longitude 96° 49'30" W. to and clock­ along the arc of a 5-mile radius circle cen­ side of the Eagle Mountain Lake VOR 180° wise along the arc of a 5-mile radius circle tered on Greater Southwest International radial, extending from Carswell AFB to 1- centered at Redbird Airport (latitude 32°40' Dallas-Fort Worth Field (latitude 32°49'35" mile S of the VOR; within 2 miles each side 50" N., longitude 96°52'QQ" W.) to the arc N„ longitude 97°02'45" W.); to longitude of the Carswell AFB TACAN 191° radial, ex­ of an 8-mile radius circle centered at NAS 96°59'00" W., SE of Greater Southwest Inter­ tending from the TACAN to 9.5 miles S; with­ Dallas (latitude 32°44'00" N., longitude national Dallas-Fort Worth Field; thence N in 2 miles each side of the Carswell AFB TA­ 96°58'05" W.), SW of Redbird Airport; along longtitude 96°59'00" W. to point of CAN 357° radial, extending from the TACAN thence NE to latitude 32°39'35" N„ longitude beginning; within 2 miles each side of the to 9.5 miles N; and within 2 miles each side 96°54'15" W.; to longitude 96°53'30" W. and Greater Southwest International Dallas- of the Benbrook VOR 360° radial, extending the arc of a 5-mile radius circle centered at Fort Worth Field ILS localizer NW course, from Carswell AFB to 1.5 miles N of the VOR; Love Field, SW of Love Field; thence clock­ extending from the arc of a 5-mile radius excluding the portion E of longitude 97°24'- wise along the arc of a 5-mile radius circle circle centered on Greater Southwest Inter­ 00" W. centered at Love Field to latitude 32°49'40" national Dallas-Fort Worth Field to 1-mile N., W of Love Field; tO point of beginning; NW of the OM, within 2 miles each side of 9. In § 71.171 (29 F.R. 17617) the Min­ within 2 miles each side of the Addison VOR the Greater Southwest International Dallas- eral Wells, Tex., control zone is amended 334° radial, extending from the arc of a 5- Fort Worth Field VORTAC 201 ° radial, ex­ to read: mile radius circle centered at Addison Air­ tending from the arc of a 5-mile radius circle Mineral Wells, Tex. port to 6 miles NW of the VOR; and within 2 centered on Greater Southwest International That airspace within a 5-mile radius of miles each side of the 159° bearing from the Dallas-Fort Worth Field to 6 miles S of the Mineral Wells Airport (latitude 32°46'55" N., Duncanville RBN, extending from the arc of VORTAC, and within 2 miles each side of longitude 98°03'35" W.) S of latitude 32°- a 5-mile radius circle centered at Redbird Greater Southwest Intejrnational Dallas-Fort 48'00" N.; within a 3-mile radius of Mineral Airport to 6 miles S of the RBN; excluding Worth Field VORTAC 322° radial, extending Wells Airport N of latitude 32°48'Ô0" N.; the portions within the Dallas, Tex., (Addi­ from the arc of a 5-mile radius circle centered within 2 miles each side of the 140° bearing son Airport) and Dallas, Tex., (Redbird Air­ on Greater Southwest International Dallas- from the Mineral Wells RBN, extending from port) control zones during the hours that Fort Worth Field to 7 miles NW of the the 5-mile radius zone to 7 miles SE of the the Addison and Redbird Airport control VORTAC. RBN; within 2 miles each side of the Mineral zones are effective; and excluding the por­ tion within a 1-mile radius of Highland 5. In § 71.171 (29 F.R. 17602) the Wells VORTAC 137° and 317° radiais, extend­ Grand Prairie, Tex., control zone is ing from the 5-mile radius zone to 7 miles Park Airport (latitude 32°55'15" N„ longi­ SE of the VORTAC, and within 2 miles each tude 96° 46'17" W.). revoked. side of the extended centerline of Runways 2. In §71.171 (29 F.R. 17581) the fol­ 6. In § 71.171 (29 F.R. 17581) the fol­ 13-31 extending from the airport to 3.5 miles lowing control zone is added: lowing control zone is added: NW. Dallas, T ex. (NAS Dallas) Dallas, T ex. (Addison Airport) 10 In § 71.165 (29 F.R., 17578) the That airspace bounded on the N by the Tyler, Tex., control area extension is That airspace within a 5-mile radius of Fort Worth, Tex. (Greater Southwest Inter­ revoked. Addison Airport (latitude 32°58'05" N„ longi­ national Dallas-Fort Worth Field) control tude 96°50'05" W.j ; and within 2 miles each 11. In § 71.181 (29 F.R. 17643) the fol­ zone, on the E by the Dallas, Tex. (Love Meld) lowing transition area is added: side of the Addison VOR 334° radial, extend­ and (Redbird Airport) control zones; within ing from the 5-mile radius zone to 6 miles 2 miles each side of the Greater Southwest Dallas-F ort Worth, T ex. NW of the VOR; excluding the portion S of a International Dallas-Fort Worth Field line from latitude 32°59'30" N., longitude That airspace extending upward from 700 VORTAC 201° radial, extending from 6 feet above the surface within an area bounded 96°55'30" W., through latitude 32°56'30" N„ to 9.5 miles of the VORTAC; thence E longitude 96°51'30" W., to latitude 32°54'00" by a line beginning at latitude 33°11'00" N., via latitude 32°41'20" N„ extending from longitude 97°27'00" W.; to latitude 33°11'00" N., longitude 96°46'30" W.; and excluding a line 2 miles E of and parallel to the the portion within a 1-mile radius of High­ N., longitude 97°19'00" W.; to latitude 33°- Greater Southwest International Dallas- 08'00" N., longitude 97°15'00" W.; to latitude land Park Airport (latitude 32°55'15" N., Fort Worth Field VORTAC 201° radial, longitude 96°46'17" W.). This control zone 33°10'30" N., longitude 97°06'00" W.; to lati­ to the arc of a 5-mile radius circle cen­ tude 33°19'00" N., longitude 97°06'00" W,; is effective from 0600 to 2200 hours, local tered on Dallas NAS (latitude 32°44'0Ò" N., time, daily. to latitude 33°19'00" N., longitude 96°57'00" longitude 96°58'05" W.), SW of Dallas W.; to latitude 33°08'30" N., longitude 96 °- 3. In § 71.171 (29 F.R. 17581) the fol­ NAS; thence counterclockwise along this 36'00" W.; to latitude 33°08'30" N., longitude lowing control zone is added: arc to longitude 97°00'15" W., SW of 96°25'00" W.; to latitude 32°44'00" N., longi­ Dallas NAS; thence S via longitude 97°00'15" tude 96°26'00" W.; to latitude 32°32'00" N., Dallas, Tex. (Redbird Airport) Wr, to latitude 32°39'19" N.; thence E via longitude 96°40'00" W.; to latitude 32°25'00" That airspace within a 5-mile radius of latitude 32°39'19" N. to the intersection of a N., longitude 97°29'00" W.; thence N along Redbird Airport (latitude 32°40'50" N.-, longi­ 5-mile radius circle centered on Redbird Air­ longitude 97°29'00" W. to and clockwise tude 96°52'Û0" W.) ; and within 2 miles each port (latitude 32°40'50" N., longitude 96°- along the arc of a 23-mile radius circle cen­ side of the 159° bearing from the Duncanville 52'00" W.), SW of Redbird Airport, thence tered at latitude 32°46'20" N., longitude 97°- RBN, extending from the 5-mile radius zone counterclockwise along the arc of the 5-mile 26'30" W.; to longitude 97°28'00" W.; thence to 6 miles S of the RBN; excluding the por­ radius circle centered on Redbird Airport to N to point of beginning; and that airspace tion W of a line from the intersection of the its intersection with the arc of an 8-mile extending upward from 1,200 feet above the Redbird Airport 5-mile radius zone and the radius circle centered at Dallas NAS, SW of surface within an area bounded by a line arc of an 8-mile radius circle centered at Redbird Airport. beginning at latitude 31°47'00" N., longitude NAS Dallas (latitude 32°44'00" N., longitude 7. In § 71.171 (29 F.R. 17581) the fol­ 96°22'00" W.; to latitude 32°12'00" N., longi­ 96°58'05" W.), SW of Redbird Airport, lowing control zone is added: tude 96°50'00" W.; to latitude 32°18'00" N., through latitude 32°39'35" N., longitude 96°- longitude 97°25'00" W.; to latitude 32°07'00" 54'15" W., to longitude 96°53'30" W. and the F ort Worth, Tex. (Meacham F ield) N., longitude 97°46'00" W.; to latitude 32°00'- arc of a 5-mile radius circle centered at Love That airspace within a 5-mile radius of 00" N., longitude 98°15'00" W.; to latitude Field (latitude 32°51'00" N„ longitude 96°- Meacham Field (latitude 32°49'00" N., longi­ 32°52'00" N., longitude 99°02'00" W.; to lati­ 50'50" W.), SW of Love Field. This control tude 97°21'35" W.) ; within a 5-mile radius of tude 33°02'00" N., longitude 98°51'00" W.; to zone is effective from 0600 to 2200 hours, lo­ Carswell AFB (latitude 32°46'20" N., longi­ latitude 33°16'00" N., longitude 98°51'00" cal time, daily. tude 97°26'30" W.); within 2 miles each side W.; to latitude 33°16'00" N.,. longitude 98°- of the 003 ° bearing from the Fort Worth RBN 30'00" W.; to latitude 33°22'00" N., 4. In § 71.171 (30 F.R. 3814) the Fort extending from the 5-mile radius zone to longitude 97°55'00" W.; to latitude 33°- Worth, Tex. (Greater Southwest Inter­ 7.5 miles N of the RBN and within 2 miles 34'00" N., longitude 97°44'00" W.; to national Dallas-Fort Worth Field) con­ each side of the Meacham Field ILS localizer latitude 33°37’00" N., longitude 96°50'- trol zone is amended to read: S course extending from Meacham Meld to 6 00" W.; to latitude 33° 09'00" N., longi­ miles S; excluding the portion W of longitude tude 96°01'00" W.; to latitude 33°09'00" N., ort orth ex reater outhwest longitude 95°54'00" W.; to latitude 33°00'00" F W , T . (G S 97°24'00" W. I nternational Dallas-F ort Worth Field) N., longitude 95°45'00 W.; to latitude 32°- That airspace within an area bounded by a 8. In § 71.171 (29 F.R. 17600) the Fort 43'00" N., longitude 95°39'00" W.; to latitude line beginning at latitude 32°48'00" N., Worth, Tex., (Carswell AFB) control 32°30'00" N., longitude 95°53'00" W,; to lati­ longitude 96°59'00" W.; thence E along lati­ zone is amended to read: tude 31°47'00" N„ longitude 95°55'00" W.; to tude 32°48'00" N. to and clockwise along the point of beginning. arc of a 5-mile radius circle centered at Love F ort Worth, T ex. (Carswell AFB) Field (latitude 32°51'00" N., longitude 96°- That airspace within a 5-mile radius of 12. In § 71.181 (29 F.R. 17643) the fol­ 50'50" W.) to latitude 32°49'40" N., W of Carswell AFB (latitude 32°46'20" N., longi­ lowing transition area is added: Tuesday, April 27, 1965 FEDERAL REGISTER 5829

Mineral Wells, T ex. changes to criteria now being studied. Little Rock, Ar k . That airspace within a 6-mile radius of Therefore, action is taken herein in ac­ That airspace extending upward from 700 Mineral Wells Airport (latitude 32°46'55" cordance with the proposals stated in feet above the surface within an area be­ N., longitude 98°03'35" W.); within 2 miles the Notice. ginning at latitude 34°28'00" N., longitude each side of the 140° bearing from the Min­ Subsequent to the issuance of the No­ 92°22'00" W., to latitude 34°28'00" N., longi­ eral Wells RBN, extending from the 6-mile tude 92°32'00" W„ to latitude 34°37'00" N„ radius area to 8 miles SE of the RBN and tice, minor changes were made to the longitude 92°33'00" W., to latitude 35°06'00" within 2 miles each side of the Mineral Wells TACAN approach radiais utilized for N., longitude 92°18'00" W., to latitude 35°- VORTAC 137° radial, extending from the JAL-738-TACAN-1 and TACAN-2 in­ 06'00" N., longitude 91°58'00" W., to latitude 6-mile radius area to 8 miles SE of the strument approach procedures. This will 34°47'00" N., longitude 91°56'00" W., to lati­ VORTAC. necessitate minor changes to the pro­ tude 34°31'00" N., longitude 92°01'00" W„ posed Little Rock AFB control zone ex­ to point of beginning, and within 2 miles 13. In § 71.181 (29 F.R. 17643) the fol­ each side of the Little Rock VORTAC 137° lowing transition area is added: tensions required for these procedures. Since these changes to the Little Rock radial, extending from the VORTAC to the Greenville, T ex. north boundary of the Pine Bluff, Ark., tran­ AFB control zone impose no additional sition area; and that airspace extending up­ That airspace extending upward from 700 burden on any person, additional notice ward from 1,200 feet above the surface within feet above the surface within a 7-mile radius and public procedures thereon are un­ an area bounded by a line beginning at lati­ of Majors Airport (latitude 33°04'00'' N., necessary. tude 34°26'00” N., longitude 93°31'00" W., longitude 96°03'45" W.); and within 2 miles In consideration of the foregoing, Part to latitude 35°00'00" N., longitude 93°13'00” each side of the Majors VOR 188° radial, ex­ 71 of the Federal Aviation Regulations W„ to latitude 35°28'00" N., longitude 92 °- tending from the 7-mile radius area to 8 25'00" W., to latitude 35°23'00” N., longitude miles S of the VOR. is amended, effective 0001 e.s.t., June 24, 91°34'00" W., to latitude 34°46'00" N., longi­ 1965, as hereinafter set forth. tude 91°15'00" W., to latitude 33°53'00" N„ 14. In §71.181 (29 F.R. 17643) the longitude 91°56'00" W., to latitude 34°17'00" following transition area is added: 1. In § 71.171 (29 F.R. 17612) the Little Rock, Ark. (Adams Field), control zone N„ longitude 93°26'00" W., to point of be­ Bridgeport, Tex. ginning; and that airspace extending upward is amended to read : from 5,000 feet m.s.l. within an area bound­ That airspace extending upward from 700 Little R ock, Ark. (Adams F ield) ed by a line beginning at latitude 35°00'00" feet above the surface within a 5-mile radius N., longitude 93° 13'00" W., to latitude 35 °- of the Bridgeport Airport (latitude 33°15'42'' That airspace within a 5-mile radius of - 44'00" N., longitude 92°57'00" W., to latitude N., longitude 97°47'48" W.); and within 2 Adams Field (latitude 34°43'45" N., longitude 35°59'00" N., longitude 92°00'00" W., to lati­ miles each side of the Bridgeport VORTAC 92°13'45'' W.); within 2 miles each side of tude 35°33'00" N., longitude 91°32'00" W., to 135° radial, extending from the 5-mile radius the Adams Field ILS localizer SW course, ex­ latitude 35°23'00" N., longitude 91°34'00" area to 8 miles SE of the VORTAC. tending from the 5-mile radius zone to 0.5 of a mile NE of the OM, and within 2 miles each W., to latitude 35°28'00" N., longitude 92°- (Sec. 307(a) of the Federal Aviation Act of side of the Adams Field ILS localizer NE 25'00" W., to point of beginning; excluding 1958; 49 U.S.C. 1348) course, extending from the 5-mile radius zone the portion extending upward from 5,000 to 10.5 miles NE of the airport, excluding the feet m.s.l. that lies within federal airways. Issued in Fort Worth, Tex., on April portion within the Little Rock AFB control 16, 1965. t in § 71.181 (29 F.R. 17643) the fol­ zone. lowing transition area is added: A. L. Coulter, 2. In § 71.171 (29 F.R. 17612) the Acting Director, Little Rock, Ark. (Little Rock AFB), con­ Pin e Bluff, Ar k . Southwest Region. trol zone is amended to read: That airspace extending upward from 700 feet above the surface within a 6-mile radius [F.R. Doc. 65-4337; Filed, Apr. 26, 1965; Little Rock, Ark . (Little R ock AFB) 8:46 a.m.] of Grider Field (latitude 34°10'35" N„ That airspace within a 5-mile radius of longitude 91°55'55" W.); and within 5 miles Little Rock AFB (latitude 34°55'05'' N„ lon­ E and 8 miles W of the Pine Bluff VOR 006° [Airspace Docket No. 63-SW-96] gitude 92°08'45" W.) ; within 2 miles each radial extending from the VOR to 12 miles N. side of the Cabot VOR 251 ° radial, extending from the 5-mile radius zone to 1 mile SW of 8. In § 71.181 (29 F.R. 17643) the fol­ PART 71— DESIGNATION OF FEDERAL lowing transition area is added : AIRWAYS, CONTROLLED AIRSPACE, the VOR, within 2 miles each side of the Littîë Rock AFB ILS localizer NE course, ex­ Hot Springs, Ark . AND REPORTING POINTS tending from the 5-mile radius zone to 1 mile SW of the OM, within 2 miles each side of the That airspace extending upward from 700 Alteration of Control Zones, Designa­ Jacksonville TACAN 077° radial, extending feet above the surface within a 12-mile tion of Transition Areas and Revo­ from the 5-mile radius zone to 7 miles E of radius of Memorial Field (latitude 34°28'40" the TACAN, and within 2 miles each side of N., longitude 93°05'45" W.); and within 8 cation of Control Area Extension the Jacksonville TACAN 242° radial, extend­ miles S and 5 miles N of the 248° bearing On February 2, 1965, a notice of pro­ ing from the 5-mile radius zone to 7.5 miles from latitude 34°26'57" N., longitude 93°- posed rule making was published in the SW of the TACAN. 10'43" W., extending from the 12-mlle radius area to 12 miles W of latitude 34°26'57" N„ Federal R egister (30 F.R. 1054) stating 3. In § 71.171 (29 F.R. 17625) the Pine longitude 93°10'43" W. that the Federal Aviation Agency pro­ Bluff, Ark., control zone is amended to posed to alter the controlled airspace in read: 9. In § 71.181 (29 F.R. 17643) the fol­ the Little Rock, Ark., terminal area. Pine Bluff, Ark . lowing transition area is added : Interested persons were afforded an That airspace within a 5-mile radius of Stuttgart, Ark. opportunity to participate in the rule Grider Field (latitude 34°10'35" N., longi­ making through submission of comments. tude 91 °55'55" W.). That airspace extending upward from 700 The Air Transport Association of Amer­ feet above the surface within a 5-mile radius 4. In § 71.171 (29 F.R. 17605) the Hot of the Stuttgart Municipal Airport (latitude ica (ATA) recommended that the portion 34°36'15" N., longitude 91°34'30" W.) ; and of the transition area proposed with a Springs, Ark., control zone is amended to within 2 miles each side of the Little Rock floor of 5,000 feet m.s.l. be lowered to read: VORTAC 098° radial extending from the 5- 2,500 feet m.s.l. to be compatible with the Hot Springs, Ark . mile radius area to 20 miles E of the Little 3,000 foot minimum en route altitude of That airspace within a 5-mile radius of Rock VORTAC. an approved off-airway route between Memorial Field (latitude 34°28(40" N., longi­ tude 93°05'45" W.) ; and within 2 miles each (Sec. 307(a) of the Federal Aviation Act of Little Rock, Ark. and Springfield and side of the Hot Springs VOR 247° radial, ex­ 1958; 49 U.S.C. 1348) Kansas City, Mo. tending from the 5-mile radius zone to 8 Present criteria specifies that transi­ miles SW of the VOR. Issued in Fort Worth, Tex., on April tion areas are not to be established to 16,1965. provide controlled airspace for off-air- 5. In § 71.165 (29 F.R 17567) the Little A. L. Coulter, way air carrier routes. However, con­ Rock, Ark., control area extension is » Acting Director, sideration will be given at a later date revoked. Southwest Region. to the designation of controlled airspace 6. In § 71.181 (29 F.R. 17643) the fol­ [F.R. Doc. 65-4338; Filed, Apr. 26, 1965; for this off-airway route under proposed lowing transition area is added : 8:46 a.m.] No. 80----- 3

/ 5830 RULES AND REGULATIONS [Airspace Docket No. 63-SW-98] above the surface within the area bounded tion within a 1-mile radius of the River­ by a line beginning at latitude 31*13*00" N., side, Fla.-Bob Airport (latitude 83°59'20" PART 71— DESIGNATION OF FED­ longitude 98*38 00" W.; to latitude 31* 12'20" N., longitude 117°24’35" W.), and the por­ ERAL AIRWAYS, CONTROLLED AIR­ N., longitude 99*41'15" W.; to latitude 31°- tion that coincides with the Riverside, Calif. 33'40” N., longitude 100°11'45" W.; to lati­ (March AFB), control zone. This control SPACE, AND REPORTING POINTS tude 31*53'15" N., longitude 100*05'30" W.; zone is effective from 0500 to 2130 hours, local to latitude 31"59'30" N., longitude 100°- time, daily. Alteration and Designation of Control 13'20" W.; to latitude 33*12'00" N., longi­ Zones, Designation of Transition tude 100°35'00" W.; to latitude 33’08'30" (Sec. 307(a) of the Federal Aviation Act of N., longitude 99*33'00" W.; to latitude 32*- 1958, as amended; 72 Stat. 749; 49 U.S.C. Areas and Revocation of Control 1348) Area Extensions 52'00" N., longitude 99*14'00" W.; to lati­ tude 32*52'00" N., longitude 99*02'00" W.; Issued in Los Angeles, Calif., on April On February 12, 1965, a notice of pro­ to latitude 32*00'00" N., longitude 98°15'00" W.; to point of beginning; and that airspace 16,1965. posed rule making was published in the extending upward from 7,500 feet m.s.l. Lee E. W arren, F ederal R egister (30 F.R. 1999) stating within the area bounded by a line beginning Acting Director, that the Federal Aviation Agency pro­ at latitude 33°12'00" N., longitude 100°- Western Region. posed to alter the controlled airspace in 35'00" W.; to latitude 33*08'30" N., longitude [FJt. Doc. 65-4340; Filed, Apr. 26, 1965; the Abilene, Tex., terminal area. 99°33'00" W.; to latitude 32°52'00" N„ longi­ 8:47 aon.] Interested persons were afforded an tude 99°14'00" W.; to latitude 33°31'00" N., longitude 99°14'0Q" W.; to latitude 33°31'00" opportunity to participate in the rule N., longitude 99°49'00" W.; to latitude 33*- making through submission of com­ 56'00” N., longitude 99°42’30" W.; to point [Airspace Docket No. 64-CE-73] ments. All comments received were of beginning excluding the portion extending favorable. upward from 7,500 feet m aJ. that lies within PART 71— DESIGNATION OF FEDERAL In consideration of the foregoing, Part Federal airways. AIRWAYS, CONTROLLED AIRSPACE, 71 of the Federal Aviation Regulations AND REPORTING POINTS is amended, effective 0001 e.s.t., June 24, 7. In § 71.181 (29 F.R. 17643) the fol­ 1965, as hereinafter set forth. lowing transition area is added: Alteration of Transition Area 1. In § 71.171 (29 F.R. 17581), the Brownwood, T ex. On February 6, 1965, a notice of pro­ Abilene, Tex. (Municipal Airport), con­ That airspace extending upward from 700 posed rule making was published in the trol zone is amended to read as follows: feet above the surface within a 6-mile radius F ederal R egister (30 F.R. 1301) stating of Brownwood Municipal Airport (latitude Abilene, Tex. (Municipal Airport) 31°47'40" N., longitude 98®57'25" W.); and that the Federal Aviation Agency was That airspace within a 5-mile radius of within 2 miles each side of the Brownwood considering an amendment to Part 71 of Abilene Municipal Airport (latitude 32°25'- VOR 360* and 180* radiais, extending from the Federal Aviation Regulations that 10" N., longitude 99°41'20" W.); within 2 the 6-mile radius area to 8 miles N. of the would alter the transition area at Bible miles each side of the Abilene ILS localizer VOR. Grove, 111. _ S course, extending from the 5-mile radius (Sec. 307(a) of the Federal Aviation Act of Interested persons were afforded an zone to 1 mile N of the OM; and within 2 1958; 49 U.S.C. 1348) opportunity to participate in the pro­ miles each side of the Abilene VORTAC 112* posed rule making through the sub­ radial, extending from the 5-mile radius Issued in Fort Worth, Tex., on April 16, zone to the VORTAC, excluding the portion mission of comments. All comments re­ 1965. ceived were favorable. within the Abilene, Tex. (Dyess AFB), con­ A. L. Coulter, trol zone. In a continuing review of airspace re­ Acting Director, quirements, it was determined that there 2. In § 71.171 (29 F.R. 17581) the fol­ Southwest Region. no longer is any occasion to hold aircraft lowing control zone is added: [F.R. Doc. 65-4339; Filed, Apr. 26, 1965; at the Bible Grove VOR. Therefore, Abilene, T ex. (Dyess AFB) 8:45 a.m.[ action has been taken to cancel the Bible That airspace within a 5-mile radius of Grove holding pattern and the transition Dyess AFB (latitude 32°25'10" N., longitude [Airspace Docket No. 65—WE—19] area that presently encompasses the 99°51'15" W.); within 2 miles each side of holding pattern is no longer needed. the Dyess ILS localizer S course, extending PART 71— DESIGNATION OF FEDERAL For this reason action is taken herein to from the 5-mile radius zone to 7.5 miles S of AIRWAYS, CONTROLLED AIRSPACE, delete from the description of the tran­ the OM; within 2 miles each side of the Dyess AND REPORTING POINTS sition area that portion designated to VOR 350* radial, extending from the 5-mile protect the holding pattern. Since this radius zone to 2 miles N of the VOR; within 2 miles each side of the Dyess TACAN 353* Alteration of Control Zone change is less restrictive in nature than the proposal and the reason for the per­ radial, extending from the 5-mile radius zone On February 19, 1965, a notice of pro­ to'7.5 miles N of the TACAN; within 2 miles tinent portion of the transition area no each side of the Dyess TACAN 165* radial, posed rule making was published in the longer exists, notice and public procedure extending from the 5-mile radius zone to 6 F ederal R egister (30 FJt. 2285) stating thereon are unnecessary. miles S of the TACAN; and within 2 miles that the Federal Aviation Agency pro­ In consideration of the foregoing Part each side of the Abilene VORTAC 353* radial, posed to alter the Riverside, Calif., con­ 71 of the Federal Aviation Regulations extending from the 5-mile radius zone to 8 trol zone. miles N of the VORTAC. is amended, effective 0001 e.s.t., June 24, Interested persons were afforded an 1965, as hereinafter set forth. 3. In § 71.165 (29 F.R. 17557) the Abi­ opportunity to participate in the rule In § 71-181 (29 F.R. 17643), the Bible lene, Tex., control area extension is making through submission of com­ Grove, 111. transition area is amended to revoked. ments. All comments received were fa­ read as follows: 4. In § 71.165 (29 F.R. 17564) the Fort vorable. In consideration of the foregoing, Part That airspace extending upward from 1,200 Worth, Tex., control area extension is feet above the surface within 4 n.m.i. each revoked. 71 of the Federal Aviation Regulations is side of the Bible Grove VOR 015° and 207° 5. In § 71.165 (29 F.R. 17558) the Al- amended, effective 0001 e.s.t., June 24, radials, extending from the arc of a 12-mile tus, Okla., control area extension is 1965, as hereinafter set forth. radius circle centered on the Coles County revoked. In § 71.171 (29 F.R. 17628), the River­ Airport, Mattoon, 111., to V—446. 6. In § 71.181 (29 F.R. 17643) the fol­ side, Calif. (Municipal Airport), control (Sec. 307(a) of the Federal Aviation Act of lowing transition area is added: zone is amended to read: _ 1958; 49 U.S.C. 1348) Within a 3-mile radius of Riverside Mu­ Abilene, Tex. nicipal Airport (latitude 33°57'05" N., longi­ Issued in Washington, D.C., on April tude 117°26'30" W.), within 2 miles each 16, 1965. That airspace extending upward from 700 H. H elstrom, feet above the surface within a 23-mile ra­ side of the Riverside VOR 292* radial, ex­ B. dius of latitude 32*25'10" N., longitude 99 *- tending from the 3-mile radius zone to 4.5 Acting Chief, Airspace Regulations 51'15" W.; and within 8 miles E and 5 miles miles NW of the VOR; and within 2 miles and Procedures Division. W of the Abilene ILS localizer S course, ex­ each side of the Riverside VOR 103° radial, tending from the OM to 12 miles S; and that extending from the 3-mile radius zone to [F.R. Doc. 65-4342; Filed, Apr. 26, 1965; airspace extending upward from 1,200 feet 7.5 miles E of the VOR, excluding the por­ 8:47 ajn.] Tuesday, April 27, 1965 FEDERAL REGISTER 5831 [Airspace Docket No. 64-WE-75] tions is to change the controlling agency 1. On page 5461, following the first for several restricted areas. table, in the 4th paragraph the reference PART 71— DESIGNATION OF FEDERAL The FAA plans to commission the new to “R-14” should Read “R-124”. AIRWAYS, CONTROLLED AIRSPACE, Houston ARTC Center in June 1965. 2. On page 5461, in the last table, 5th AND REPORTING POINTS Concurrent with this commissioning column, last entry “S-dn-9L” should date, all joint-use restricted areas of read “S-dn^9L%”. PART 75— ESTABLISHMENT OF JET which the New Orleans and San Antonio ROUTES ARTC Centers are listed as controlling Designation of VOR Federal Airway agencies will be amended so that the con­ trolling agencies are listed as the Hous­ Title 21— FOOD AND DRUGS and Jet Route ton ARTC Center. Since the precise time Chapter I— Food and Drug Adminis­ On February 26, 1965, a notice of pro­ the Houston Center will be commissioned posed rule making was published in the is subject to varying factors, it must re­ tration, Department of Health, Edu­ F ederal R egister (30 F.R. 2558) stating main relatively flexible. Therefore, the cation, and Welfare that the Federal Aviation Agency was exact day and hour in the month of June SUBCHAPTER B— FOOD AND FOOD PRODUCTS considering amendments to Parts 71 and 1965, will be published in advance by 75 of the Federal Aviation Regulations Notices to Airmen. PART 25— DRESSINGS FOR FOODS that would designate a jet route and a Since these amendments effect edi­ Order Amending French Dressing north alternate segment to VOR Federal torial changes only, notice and public airway No. 8 from the Bryce Canyon, procedure hereon are unnecessary. Standard To Permit Calcium Car­ Utah, VORTAC to the Grand Junction, In consideration of the foregoing, Part bonate and Sodium Hexameta- Colo., VORTAC. 73 of the Federal Aviation Regulations is phosphate as Optional Ingredients Interested persons were afforded an op­ amended as hereinafter set forth, and portunity to participate in the proposed shall become effective in June 1965, at a In the matter of amending the identity rule making through the submission of day and hour to be specified by Notices to standard for french dressing (21 CFR comments. All comments received were Airmen. 25.2) by listing calcium carbonate and favorable. 1. In § 73.38 (29 F.R. 17747), the fol­ sodium hexametaphosphate as ingredi­ It was stated in the notice of proposed lowing restricted areas are amended: ents that may be used in combination rule making that airway floors would a. R-3801 is amended by deleting with the optional emulsifying ingredients be designated for the north alternate to “Controlling agency. Federal Aviation now permitted: V-8. This action is deferred until a Agency, New Orleans ARTC Center.” and A notice of proposed rulemaking in the comprehensive study of the requirements substituting therefor “Controlling agen­ above-identified matter was published in for the entire area, including the main cy. Federal Aviation Agency, Houston, the Federal R egister of January 23,1965 airway and the south alternates, is com­ Tex. ARTC Center.” (30 FJ£. 757), on the basis of a petition pleted. Therefore, action is taken herein b. R-3803 and R-3804A are amended submitted by the Kraft Foods Division to reflect the change in the proposed by deleting, respectively, “Controlling of the National Dairy Products Corp., floors of the airway. Since this change agency. Federal Aviation Agency, New 500 Peshtigo Court, Chicago, 111. The involves only an insignificant amount Orleans, La., ARTC Center.” and sub­ notice granted 60 days for filing com­ of additional airspace, it is minor in stituting therefor “Controlling agency. ments, and comments for and against nature and notice and public procedure Federal Aviation Agency, Houston, Tex. the proposed amendment were received. hereon are unnecessary. ARTC Center.” On the basis of the relevant informa­ Ih consideration of the foregoing, 2. In § 73.44 (29 F.R. 17752), Re­ tion available, taking into consideration Parts 71 and 75 of the Federal Aviation stricted Area R-4402 is amended by de­ the comments filed and the information Regulations are amended, effective 0001 leting “Controlling agency. Federal submitted by the petitioner, it is con­ e.s.t., May 27, 1965, as hereinafter set Aviation Agency, New Orleans ARTC cluded that it will promote honesty and forth. Center.” and substituting therefor “Con­ fair dealing in the interest of consumers 1. In § 71.123 (29 FJt. 17509), V-8 is trolling agency. Federal Aviation to adopt the amendment as proposed. amended by deleting “Grand Junction, Agency, Houston, Tex. ARTC Center.” Therefore, pursuant to the authority Colo., including an S alternate;” and 3. In § 73.63 (29 F.R. 17766), Re­ vested in the Secretary of Health, Edu­ substituting "Grand Junction, Colo., in­ stricted Areas R-6302A, R-6302B, cation, and Welfare by the Federal Food, cluding an S alternate, and a north alter­ R-6302C, and R-6303 are amended, re­ Drug, and Cosmetic Act (secs. 401, 701, nate from Bryce Canyon to Grand Junc­ spectively, by deleting from the texts 52 Stat. 1046, 1055, as amended 70 Stat. tion via the INT of Bryce Canyon 048° “Controlling agency. Federal Aviation 919, 72 Stat. 948; 21 U.S.C. 341, 371) and and Grand Junction 259° radials;” Agency, San Antonio ARTC Center.” and delegated by him to the Commissioner therefor. substituting therefor “Controlling agen­ of Food and Drugs (21 CFR 2.90); It is 2. In § 75.100 (29 F.R. 17776), the fol­ cy. Federal Aviation Agency, Houston, ordered, That the identity standard for lowing is added: Tex. ARTC Center.” french dressing be amended by changing paragraph (c) (1) of § 25.2 to read as Jet Route No. 100 (Bryce Canyon, Utah, (Sec. 307(a) of the Federal Aviation Act of to Grand. Junction, Colo.). From Bryce Can­ 1958; 49 U.S.C. 1348) follows: yon, Utah, via INT of the Bryce Canyon 048°' §25.2 French dressing; identity; label and the Grand Junction, Colo., 259° radials Issued in Washington, D.C., on March statement of optional ingredients. to Grand Junction. 19,1965. ***** (Sec. 307(a) of the Federal Aviation Act of Charles W. Carmody, (C) * * * 1958; 49 US.C. 1348) Acting Director, Air Traffic Service. (1) Gum acacia (also called gum Issued in Washington, D.C., on April [F.R. Doc. 65-4343; Filed, Apr. 26, 1965; arable), carob bean gum (also called 16,1965. 8:47 ajn.] locust bean gum), guar gum, gum karaya, H. B. H elstrom, gum tragacanto, extract of Irish moss, Acting Chief, Airspace Regulations pectin, propylene glycol ester of alginic and Procedures Division. [Reg. Docket No. 6538; Amdt. 422] acid, sodium carboxymethylcellulose (cellulose gum), methylcellulose U.S.P. [F.R. Doc. 65-4341; Filed, Apr. 26, 1965; PART 97— STANDARD INSTRUMENT 8:47 a.m.] (methoxy content not less than 27.5 per­ APPROACH PROCEDURES cent and not more than 31.5 percent on a dry-weight basis), hydroxypropyl meth­ [Airspace Docket No. 65-SW-3] Miscellaneous Amendments ylcellulose, or any mixture of two or more Correction of these, or any of the foregoing with PART 73— SPECIAL USE AIRSPACE calcium carbonate or sodium hexameta­ phosphate, or both. Alterations of Restricted Areas In F.R. Doc. 65-3084 appearing in the issue for Friday, April 16, 1965, at page * * * * * The purpose of these amendments to 5455, the following corrections should be Because labeling provisions of § 25.2 Part 73 of the Federal Aviation Regula­ made: (e) (1) require toe optional emulsifying 5832 RULES AND REGULATIONS ingredients listed in paragraph (c)(1) Sec. to be declared on labels, calcium carbon­ 501.5 Eligibility. Title 28— JUDICIAL ate and sodium hexametaphosphate, 501.6 Saving clause. when used, will be named on the french Authority : The provisions of this Part 501 ADMINISTRATION dressing labels. issued under sec. 1011, P.L. 402, 80th Congress, Any person who will be adversely af­ as amended (22 USC 1439). Chapter I— Department of Justice fected by the foregoing order may at any § 501.1 Scope of this part. [ Order No. 335-65 ] time within 30 days following the date of its publication in the F ederal R eg­ This part shall cover Informational pa rt 0— ORGANIZATION OF THE ister file with the Hearing Clerk, De­ Media Guaranties. DEPARTMENT OF JUSTICE partment of Health, Education, and § 501.2 Applications for guaranties and General Functions, Civil Rights and Welfare, Room 5440, 330 Independence place o f filing. Avenue SW., Washington, D.C., 20201, Applications for informational media Criminal Divisions written objections thereto, preferably in guaranties shall be made in writing to Amendments to the departmental or­ quintuplicate. Objections shall show the Informational Media Guaranty Divi­ ganization regulations reassigning the wherein the person filing will be ad­ sion, Information Center Service, U.S. responsibility for the enforcement of versely affected by the order and specify Information Agency, Washington, D.C., certain criminal provisions relating to with particularity the provisions of the 20547. There is no prescribed form of elections and political activities from order deemed objectionable and the application, but detailed information on the Civil Rights Division to the Crim­ grounds for the objections. If a hear­ current requirements of the Informa­ inal Division. ing is requested, the objections must tional Media Guaranty Program, in­ Under and by virtue of the authority state the issues for the hearing, and cluding the contents of applications, may vested in me by section 161 of the Re­ such objections must be supported by be obtained on request from the U.S. In­ vised Statutes (5 U.S.C. 22) and section grounds legally sufficient to justify the formation Agency at the address indi­ 2 of Reorganization Plan No. 2 of 1950, relief sought. Objections - may be ac­ cated above. Each applicant will be no­ Part 0 of Title 28 of the Code of Federal companied by a, memorandum or brief in tified in writing when his application Regulations is hereby amended as support thereof. has been accepted, at which time he will follows: Effective date. This, order shall be­ be given the effective date of the 1. Section 0.50(a) (relating to the come effective 60 days from the date of guaranty. functions of the Civil Rights Division) its publication in the F ederal R egister, § 501.3 Delegation of authority. is amended to read as follows: except as to any provisions that may be § 0.50 General functions. stayed by the filing of proper objections. Delegation of Authority No. 2C, signed Notice of the filing of objections or lack by the Director, U.S. Information Agency, * * * * * thereof will be announced by publica­ dated April 15, 1959, delegated to the (a) Enforcement of all Federal stat­ tion in the F ederal R egister. following officials of the Information utes affecting civil rights, including Center Service, U.S. Information Agency, (Secs. 401, 701, 52 Stat. 1046, 1055, as amend­ those pertaining to elections and voting, ed; 70 Stat. 948; 21 U.S.C. 341,371) authority to make and administer infor­ and authorization of litigation in such mational media guaranties: enforcement, including criminal prose­ Dated: April 20, 1965. Director, cutions and civil actions and proceed­ . G eo. P. Larrick, Deputy Director, ings on behalf of the Government; and Commissioner of Food and Drugs. Chief, Operations Staff. appellate proceedings in all such cases. Notwithstanding the provisions of the [F.R. Doc. 65-4392; Filed, Apr. 26, 1965; § 501.4 Fees for guaranties. foregoing sentence, the responsibility for 8:49 a.m.] The recipient of a guaranty shall pay the enforcement of the following- in advance to the U.S. Information described provisions of the United States Agency (by check, draft or money order Code is assigned to the Assistant At­ Title 22— FOREIGN RELATIONS payable to the Treasurer of the United torney General in charge of the Crim­ States) a fee of 1 percent per annum on inal Division— Chapter V— United States Information the face amount of such guaranty, pro­ (1) Sections 591 through 593 and sec­ Agency vided that the minimum fee for any tions 595 through 612 of Title 18, relat­ guaranty or extension or amendment ing to elections and political activities; PART 501— INFORMATIONAL MEDIA thereto shall be $10, except that no fee (2) Sections 241, 242, and 594 of Title GUARANTIES UNDER THE U.S. IN­ shall be charged for any amendment ini­ 18 insofar as they relate to voting and FORMATION AND EDUCATIONAL tiated by or for the convenience of the election matters not involving discrimi­ EXCH A N G E ACT OF 1948, AS U.S. Information Agency. nation or intimidation on grounds of race AMENDED § 501.5 Eligibility. or color; and (3) Sections 241 through 256 of Title Preamble. Part 501 of Chapter V, No informational media materials will 2 (Federal Corrupt Practices Act). Title 22 of the Code of Federal Regula­ be covered by guaranties referred to in tions is revised to read as follows: To this part unless the U.S. Information * * * * * achieve the objective of sec. 1011 of the Agency has determined in advance that 2. Section 0.55 (n) (relating to the U.S. Information and Educational Ex­ their commercial distribution in a par­ functions of the Criminal Division) is change Act of 1948, as amended, and to ticular foreign country is consistent with amended to read as follows: make maximum use of the services and the national interest of the United States facilities of private agencies as required and that their distribution will: (a) § 0.55x General functions. by sec. 1005 of that Act, the following Make a positive contribution to United $ $ ♦ * * rules and regulations are prescribed for States policy objectives; and (b) reflect (n) Enforcement of the following- making guaranties of investments in en­ favorably upon the United States. described provisions of the United States terprises producing or distributing in­ § 501.6 Saving clause. Code— formal media (hereinafter caller “Infor­ (1) Sections 591 through 593 and sec­ mational Media Guaranties”), the pur­ The U.S. Information Agency may tions 595 through 612 of Title 18, relating pose of making such guaranties being the waive, withdraw or amend at any time or to elections and political activities; achievement of the foreign policy objec­ from time to time any or all of the pro­ (2) Sections 241, 242, and 594 of Title tives of the United States. visions of this part. 18 insofar as they relate to voting and election matters not involving discrimi­ Sec. Issued: April 20, 1965. 501.1 Scope of this part. nation or intimidation on grounds of race 502.2 Application for guaranties and place Carl T. R owan, or color; and of filing. Director. (3) Sections 241 through 256 of Title 501.3 Delegation of authority. [F.R. Doc. 65-4355; Filed, Apr. 26, 1965; 2 (Federal Corrupt Practices Act). (See 501.4 Fee for guaranties. 8:47 a.m.] § 0.50(a).) Tuesday, April 27, 1965 FEDERAL REGISTER 5833 3. Order No. 318-64 of July 30, 1964, assigned Channel 237A. In its petition is hereby superseded. Title 47— TELECOMMUNICATION for rule making, Old South Broadcasting The amendments made by this order Co., Inc., requested the assignment of Chapter I— Federal Communications Channel 236 instead of Channel 237A. shall be effective upon the date of the Commission publication of this order in the F ederal Old South points out that the present Register. [Docket No. 15716; PCC 65-325] assignment is short-spaced to Channel 238 at Jackson and urges the substitution (R.S. 161; 5 U.S.C. 22; sec. 2, Reorg. Plan PART 73— RADIO BROADCAST No. 2 of 1950; 3 CPR, 1949-53 Comp.; 64 Stat. of a Class C assignment, Channel 236. It 1261) SERVICES urges that Natchez is the county seat of Adams County (population 37,730), that Dated: April 22,1965. FM Broadcast Stations; Table of it is an important business and trade Nicholas deB. K atzenbach, Assignments center and the natural focus for com­ Attorney General. In the matter of amendment of § 73.- munity life and activity in the surround­ [P.R. Doc. 65-4383; Piled, Apr. 26, 1965; 202, Table of Assignments, FM Broadcast ing area, and that it is far removed from 8:48 a.m.] Stations, Lyons, Kans.; Creston, Iowa; large cities and metropolitan areas. Fi­ Ellwood City, Pa.; Scottsburg, Ind.; nally, it urges that in the event the as­ Natchez, Miss.; Oshkosh, Wis.; Wilming­ signment is made as requested it will file ton, N.C.; McKenzie, Term.; Yankton, an application for a new FM station as Title 45— PUBLIC WELFARE S. Dak.; Ebensburg, Pa.; Philipsburg, soon as possible. Subtitle A— Department of Health, Pa.; Gouverneur, and Watertown, N.Y.; 3. We have in the past attempted to Dalton, Ga.; Merkel, Tex.; Docket No. assign Class A assignments to the smaller Education, and Welfare, General 15716, RM-654, RM-635, RM-657, RM- cities and Class B or C assignments to the Administration 637, RM-658, RM-639, RM-669, RM-655, larger cities and metropolitan areas. We PART 13— ALLOCATION AND UTILI­ RM-648, RM-660, RM-671. believe that because of its own size and 1. The Commission has before it for importance and its relatively great dis­ ZATION OF SURPLUS PERSONAL consideration its notice of proposed rule tance from larger centers, Natchez is the PROPERTY FOR EDUCATIONAL, making, FCC 64-098, issued on Novem­ type of community which warrants a PUBLIC HEALTH, AND CIVIL DE­ ber 27, 1964, and published in the F ed­ Class C assignment, and that the assign­ FENSE PURPOSES eral R egister on December 3, 1964 (29 ment of Channel 236 to replace Channel F.R. 16205), inviting comments on a 237A would serve the public interest. We Terms and Conditions Applicable to number of proposals to amend the FM are therefore finalizing the assignment of Transfers or Retransfers of Donable Table of Assignments, § 73.202 of the Channel 236 to this community. Property rules and regulations. The time for fil­ 4. RM-635, Wilmington, N.C. Dunlea ing comments and reply comments has Broadcasting Industries, Inc., filed a pe­ Part 13 of Title 45 CFR is hereby expired. Except where noted below no tition requesting the addition of Channel amended as follows: oppositions were filed to the proposal, and 265A to Wilmington. This community 1. Section 13.9 is amended by deleting the channels proposed to be deleted or has been assigned two Class C channels, from the beginning of the last sentence changed are not occupied or applied for. 247 and 260. A construction permit has of paragraph (f) the following, “When been issued for a new station on Channel the application Form HEW 135 has also RM-654, Lyons, Kans. (Ly-Kan Broadcasting Oo.). 260 at Burgaw, N.C. (under the 25-mile been executed by a donee,”. As amended, RM-657, Creston, Iowa (Southwest Iowa rule), and an application has been filed paragraph (f) will read as follows: Broadcasting Co.). for Channel 247. Wilmington has a § 13.9 Terms and conditions applicable RM-658, Ellwood City, Pa. (B.B.P.S. Broad­ population of 44,013. It has four stand­ to transfers or retransfers of donable casting Co.). ard broadcast stations, one of which is a property. RM-669, Scottsburg, Ind. (Howell B. Phil­ daytime-only station. Dunlea urges that lips). a modest investment on a Class A chan­ (f) Butler-type storage warehouses, In each of these cases a petition was nel will be more economically feasible house trailers (without undercarriages), and appropriate in the Wilmington mar­ and quonset huts, located on nonexcess filed for the assignment of a Class A land, donated under this section, shall be channel to a community not having any ket. It states that it has available low- FM assignment and without requiring power equipment formerly used in FM subject to the terms and conditions ap­ operation and that it is willing to serve plicable to the transfer or retransfer of any other changes in the Table of As­ signments. All of the communities are Wilmington and the neighboring areas donable property for public health, edu­ with a station built and operated on a cational or civil defense purposes. The of sufficient size and importance to war­ State Agency and/or the donee, as ap­ rant the assignment of a Class A channel modest cost basis. Finally, Dunlea sub­ and all the assignments meet the require­ mits that Channel 265A may be assigned plicable, shall comply with all conditions without adversely affecting any other which may be required by the holding ments of the rules. The assignment pro­ posed for Scottsburg, Ind. would require station or assignment. Dunlea recog­ agency for the removal of such property. nizes that in the past, in order to avoid Whenever the holding agency requires a transmitter site about 5 miles south the site upon which such property is lo­ of the city in order to meet the spacing competitive inequality, the Commission cated to be cleared after removal of such rules. No oppositions were filed to any has tried not to mix Class A and Class B of these proposals; however, since the or C assignments in the same commu­ property, the State Agency shall post nity; but urges that in this case mixing performance bonds, or make performance request for Creston, Iowa was in the al­ guaranty deposits, or give whatever as­ ternative (either Channel 269A or 296A) such assignments would fulfill the re­ Palmer Broadcasting Co. urges that quirements of section 307(b) of the Act, surances may be required by the Depart­ that it is willing to take the economic ment or the holding agency that the site Channel 269A be assigned to this city in will be cleared. The State Agency in lieu order to avoid the possibility of second risk involved and that it would serve the of posting such performance bonds, or harmonic interference to its television public interest. Dunlea further states station WHO-TV, Channel 13, Des that it will file an application for Chan­ making such performance guaranty de­ nel 265A as soon as it becomes available. posits, or giving such other assurances Moines. We are adopting this proposal that the site will be cleared, may require and the others as follows: 5. We are of the view that the assign­ these actions to be taken by the donee. City Channel No. ment of Channel 265A to Wilmington * * * * * Lyons, Kans______288A would serve the public interest and that Creston, Iowa______269A in the circumstances presented here the Dated: April 20, 1965. Ellwood City, Pa______. 221A mixing of Class A and C assignments is [seal] Anthony J. Celebrezze, Scottsburg, Ind -____ .______265A warranted. We are accordingly adopt­ Secretary. 2. RM-648, Natchez, Miss. (Old South ing the proposal made by Dunlea. I P R. Doc. 65-4391; Filed, Apr. 26, 1965; Broadcasting Co., Inc.). Natchez, Miss., 6. RM-639, Yankton, S. Dak. Bi- 8:49 a.m.] has a population of 23,791 and has been States Co. filed a petition requesting the 5834 RULES AND REGULATIONS substitution of Channel 281 for 255 at communities, so that applications may be ance with our rules and the working Yankton, S. Dak. The purpose of the filed for either community. arrangement of 1963. However, Channel proposal is to remove a short spacing be­ 11. Jones T. Sudbury, licensee of Sta­ 224A may be shifted from Watertown, tween a proposed site for KRNY-FM on tion WCMT, Martin, Tenn., submits that N.Y., provided the Canadian authorities Channel 255 and the co-channel assign­ McKenzie already has been assigned an are disposed to make changes in Cana­ ment at Yankton, in order to permit a FM channel, that Martin, with a popula­ dian cities to accommodate this change. change in location for KRNY-FM and tion of 4,750, is the largest community The Canadian Government has indicated an improvement in its coverage. There in Weakley County, and that Martin has a willingness to make the necessary is no application on file for Channel 255 only one local aural service while Mc­ changes. Watertown has a population at Yankton. Bi-States submits that it Kenzie has two. Mr. Sudbury states that of 33,306 persons. It has a Class C FM presently operates KRNY-FM from a site he intends to file an application for the assignment in addition to three stand­ near Axtell, Nebr., but that it proposes to channel and that this notice is a “de­ ard broadcast stations, two of which are move its site to that of its TV station mand” for the assignment under section unlimited t im e stations. Comments near Lowell, Nebr., in order to improve 307(b) of the Act. In reply Tri-County therefore were invited on the following service to the large rural and sparsely contends that it would be wrong for~The proposal: populated areas which it serves and to Commission to prejudge the 307(b) issue save the expense of two operating loca­ as between McKenzie and Martin Channel No. tions., It points out that there would re­ through an allocation to Martin alone, City sult a shortage of about 9 miles with the and that the public woud be served by an Present Proposed co-channel Yankton assignment. It allocation to both communities. suggests, therefore, that Channel 281 be 12. The issue in this case is simply 224A substituted for 255 and shows that this whether the public interest would be 224A, 248 248 new assignment is technically feasible. better served by an assignment of Chan­ No oppositions were filed to this request. nel 269A to McKenzie or Martin. We do 15. No oppositions to the proposal were 7. We are of the view that substituting not agree with Tri-County that such a filed. Wé are of the view that the pro­ Channel 281 for 255 at Yankton would decision can only be made upon the al­ posed changes would serve the public serve the public interest and we are location of the channel to both com­ interest since it would make available adopting the Bi-States proposal. This munities and upon consideration of com­ the first FM assignment for Gouverneur change will permit an existing station to peting applications. Nor do we agree while retaining a Class C assignment in improve its service without any adverse that 307(b) of the Act requires us to Watertown. While it would be desirable effect on other stations or assignments. consider “demand” only upon the basis to retain two assignments in Watertown, 8. RM-637, McKenzie, Tenn. (The of requests tendered. A Table of As­ the proposed amendments may well be Tri-County Broadcasting Co., Inc.). The signments is a valid method for obtain­ the only manner in which Gouverneur Tri-County Broadcasting Co., Inc., li­ ing a fair and equitable distribution of can obtain an FM assignment. We are censee of radio Station WHDM, McKen­ facilities, and the courts have so held. therefore adopting the proposal. zie, Tenn, filed a petition requesting the Logansport Broadcasting Corp. v. F.C.C. 16. RM-671, Oshkosh, Wis. (Value assignment of Channel 269A to McKen­ 210 F. 2d 24, 10 R.R. 2008 (1954). Nor Radio Corp.). In its petition, Value zie. McKenzie is a community of 3,780 does it follow that in all cases a better Radio Corp., licensee of Station WOSH and has one FM assignment, Channel distribution of facilities can be obtained (AM), Oshkosh, requested the assign­ 295 on which Station WKTA operates: from a proceeding involving competing ment of Channel 296A to that com­ The sole AM station, WHDM, is a day­ applications. In the instant case we are munity in addition to the assignment al­ time-only station. Tri-County recites faced with a choice between two com­ ready there (Channel 244A). Value its past unsuccessful efforts to obtain an munities. Martin, which is larger than points out that Oshkosh has a population FM license in McKenzie. It urges that McKenzie, has no FM assignment and of 45,110 persons, that the county in McKenzie needs the proposed FM as­ only one daytime-only radio station. which it is located has a population of signment and that the proposal con­ On the other hand, McKenzie, the smaller 107,928, that there áre on file two com­ forms to all the rules and policies of the community, has a' Class C FM station peting applications for channel 244A, Commission in operation as well as a daytime-only and that the addition of Channel 296A 9. In the notice, we questioned the ad­ radio station. There are no other FM would preclude the necessity for a com­ visability of making a second FM assign­ assignments or AM stations in either parative hearing and facilitate the early ment available to McKenzie, especially county. In the circumstances here pre­ institution of FM service to the area. since it appeared that larger communi­ sented, we are of the view that the as­ 17. In comments, KFIZ Broadcasting ties such as Martin, to which Channel signment of the available Class A chan­ Co. urged that Channel 296A, proposed 269A could be assigned, did not have nel to Martin would better serve the for Oshkosh, be assigned instead to Fond any FM assignments. We accordingly, public interest and are finalizing this du Lac, Wise., KFIZ, licensee of Station invited comments on the alternative pro­ proposal. KFIZ in Fond du Lac, submits that the posal to assign this channel to Martin, 13. RM-660, Gouverneur, N.Y. (Gen- community has a population of 32,719, a community with a population of 4,750 kar, Inc.). Genkar, Inc., licensee of that it is' the largest town and county persons and with a daytime-only AM sta­ radio station WIGS, Gouverneur, N.Y., seat of the county and its commercial tion. We stated further that we would filed a petition requesting the assign­ and industrial hub. It urges that the not necessarily be governed by the ex­ ment of one of a number of Class C FM assignment of a first FM channel to pression of immediate interest in the assignments to Gouverneur. Gouver­ Fond du Lac is to be preferred to the channel at McKenzie. neur is a community of 4,946 persons assignment of-a second FM assignment 10. Tri-County submits that the ap­ located in northern New York about 20 to Oshkosh especially since Oshkosh has proach of the Commission is unjustifiable miles from the Canadian-United States one FM assignment, an AM station, and in view of the requirement of section border. It has a local (Class IV), radio the possibility of a second AM station 307(b) which states that the Commis­ station licensed to petitioner but to FM in the event one of two competing appli­ sion is to make a fair and equitable dis­ assignment. Petitioner recognized that cants for such a station is granted in tribution of radio service “when and in any assignment in this region must con­ Oshkosh. In order to remove the ^con­ so far as there is a demand for the same.” form to the separation requirements in flict with Fond du Lac, Value, in a reply It urges that there is no basis for re­ the working arrangement of 1963 which comment, proposes that Channel 296A fusing an assignment upon the theo­ has been concluded between the United be assigned to Fond du Lac but that retical need for an assignment which may States and Canada under the terms of Channel 280A be assigned to Oshkosh as never be realized and that the Commis­ the Canadian-United States FM Agree­ a second FM assignment. This can be ment of 1947. While petitioner shows sion’s approach may actually result in that all of its alternative proposals meet done, it urges, by substituting Channel stifling competition. It suggests that the the domestic rules, no such information 221A for Channel 280A at Manitowoc, channel be assigned to McKenzie, in is given with respect to the Canadian Wise. Value suggests that this can be which case the assignment would be border stations and assignments. done at this time without further rule available to Martin under the “25 mile 14. There are no assignments which making since it does not involve any rule”, or to assign the channel to both can be made to Gouverneur in conform­ existing stations or applications and this Tuesday, April 27, 1965 FEDERAL REGISTER 5835 suggestion was filed well in advance of at Ebensburg, both on Channel 280A, by 23. On February 5,1965, Cambria filed the extended tim e1 for filing reply com­ making the following changes: Connells­ a “Motion to Strike Reply Comments of ments. In a further reply comment, ville, delete Channel 280A and assign WCRO, Johnstown, Pennsylvania”. KFIZ urges the assignment of Channel Channel 252A; Uniontown, Pa., delete Cambria states that the reply comments 296A to Fond du Lac in light of the recog­ Channel 252A and assign Channel 280A; of WCRO were filed on January 6, 1965, nition that Value gives to the merits of a and New Martinsville, W. Va., delete long after it was on notice of the pro­ first FM assignment to Fond du Lac. It Channel 280A. Cambria urges that its posal requested by Cambria, and that its further suggests that the counterpro­ proposal would obviate the need for the pleading does not constitute reply com­ posal made by Value would be more proposal outstanding in Docket No. ments but, rather, is a petition for rule properly considered in a new rule 15542, since Channel 280 could be re­ making which is filed too late for con­ making. tained in Connellsville if it is deleted sideration in this proceeding. It urges 18. Upon consideration of all the com­ from Ebensburg as proposed by Cambria, that the pleading is in violation of our ments and data submitted by the par­ and this would permit the retention of a rules and that orderly procedure requires ties to this proceeding, we are of the view Class A assignment in New Martinsville. that administrative processes must come that assignment of Channel 296A as a Cambria also requests that the Commis­ to an end at an appropriate time. It is first FM assignment to Fond du Lac and sion modify its license for WEND-FM to further contended that the Century pro­ the assignment of Channel 280A to Osh­ specify operation on Channel 256 in lieu posal on its merits does not have sub­ kosh as a second assignment would be a of 280A in the event the proposal is stance. Cambria states that it intends fair and equitable distribution of avail­ adopted. to direct its programming to those areas able frequencies and would serve the We, accordingly, invited comments on outside the Johnstown area which do not public interest. In view of the fact that the following : have the abundant services available to these proposals can be adopted in full Johnstown residents (3 AM stations, 2 conformance with our rules by simply Channel No. FM stations and 2 television stations). substituting Channel 221A for 280A at City Cambria adds that this area comprises Manitowoc, for which there is no pend­ Present : Proposed one-half of the population of Cambria ing application, we believe that finalizing County and that the assignment of a this proposal at this time would serve the Ebensburg, Pa...... 280A 256 Class B channel to Ebensburg rather public interest and would permit the Philipsburg, Pa______257A 280A than Johnstown would represent a more early establisment of FM service in the fair and equitable distribution of facil­ two areas. Accordingly, we are adopting 21. In its comments Cambria points ities. It contends that while Ebensburg the following assignments: out that Ebensburg is the county seat of is a small community there would be 14 Channel Cambria county and that it is centrally towns within its 3.16 mv/m contour and City No. located in that county (population that 89,892 persons reside within that Pond du Lac, Wis______r_*.____ 296A 203,283); that 76 percent of the people proposed contour, none of whom are Oshkosh, Wis______244A, 280A within the Johnstown urbanized area. Manitowoc, Wis_.______221 A, 272A in the county live outside of Johnstown, which is located near the southern border Finally, Cambria suggests that there are 19. RM-655, Ebensburg, Pa. (Cam­ of the county; that Ebensburg is an im­ other available means for Johnstown to bria County Broadcasting Co., Inc.). portant center for the numerous small receive another FM assignment.* Cambria County Broadcasting Co., Inc., towns which dot this former coal mining 24. On the basis of all the facts before licensee of Station WEND-FM, on Chan­ region; and that its location and im­ us, we are of the view that the Cambria nel 280A at Ebensburg, Pa., filed a peti­ portance to the area warrant a departure motion to strike the reply comments of tion requesting rule making looking to­ of the Commission's policy of assigning Century should be granted, and do so or­ ward the substitution of Class B Channel Class A channels to small communities der. The reply comments were filed the 256 for 280A at Ebensburg and the sub­ and Class B or C channels to large cities day before the last date for filing such stitution of Channel 280A for 257A at and metropolitan areas. In addition to comments in this proceeding. They are Philipsburg, Pa. Petitioner submits that the one present Class A assignment, not in reply to any other comments or to Ebensburg has a population of 4,111 and Ebensburg has one daytime-only AM the proposal in the Notice but constitute Cambria County, in which it is located, station (WEND). rather a last minute counterproposal. has a population of 203,283; that this 22. On January 6,1965, the next to the Orderly procedure requires that com­ county has only one Class B assignment, last day for filing reply comments, Cen­ ments and reply pleadings be terminated at Johnstown, the largest city in the tury Broadcasting Corp., licensee of radio at some point in the proceeding after county; and that, from the point of view Station WCRO, Johnstown, Pa. (which adequate time has been given to all in­ of business activity, the area deserves had not filed initial comments), filed re­ terested parties to participate and pre­ two Class B facilities. Cambria also as­ ply comments and counterproposals sent their proposals and counterpropos­ serts that such a facility might very well seeking the assignment of Channel 256 als. We do not regard a conflicting serve as a vital link in the Pennsylvania to Johnstown instead of Ebensburg. counterproposal, advanced at such a late State Defense Network. There is an Century submits that Johnstown is a city stage in the proceeding, as normally ap­ application on file for Channel 257A at of 53,949 persons, that it is the center of propriate for consideration therein. See Bellwood, Pa., which is within 25 miles business activity for Somerset and our report and order in Docket No. 15256 of Philipsburg and so is eligible to file Cambria Counties, and that a Class B (San Diego, Calif., et al.), FCC 64-515, 29 for this assignment. In the event the assignment at Johnstown could provide F.R. 7463, paragraph 25. We believe instant proposal is adopted, this appli­ a comitywide service to other localities that in this instance, in maintaining cation would have to be amended to spe­ including Ebensburg. Johnstown has a some semblance of order in our proce­ cify Channel 280A. Class A and one Class B FM station in dures, Century’s reply comments should 20. In a rule making proceeding pro­ operation as well as three full-time AM be stricken. In any event, considering posing various changes in the FM Table the Century proposal on its merits, we of Assignments, Docket No. 15542, it Was stations (one is Class IV). Century in­ proposed to remove a short spacing be­ cludes with its comments a number of tween Connellsville, Pa., and WEND-FM statistics concerning the population and above), except that Century would leave industrial importance of the market.2 Channel 280A in New Martinsville, at a slight short spacing to Uniontown. 1 The time for filing comments in this pro­ sOne method Cambria suggests would be ceeding was originally specified as Dec. 28, 2 As to the present short spacing existing the assignment of Channel 243 to Johnstown 1964, with reply comments due Jan. 7, 1965. between the Ebensburg station and the co- by the substitution of Channel 228A for 244A KFig’s counterproposal was filed in its com­ channel assignment at ConneHsville, men­ at State College, 232A for 228A at Clearfield, ments on Dec. 28. On request of Value the tioned in paragraph 21 above and discussed and 237A for 232A at St. Marys, all in Penn­ time for reply comments was extended (in­ in Docket 15542, Century suggests two alter­ sylvania. A construction permit was recently sofar as RM-671 only is concerned) to Feb. natives for relieving this, other than the granted for Channel 244A at State College 5, 1965. Value’s reply comments and Ebensburg Class B assignment proposed here. and an application is pending for Channel counterproposal were filed on Jan. 18, 1965, One is to substitute Channel 285A for 280A 228A at Clearfield. The second proposal for and KFIZ’s reply comments, filed Feb. 5, in at Ebensburg: the other is the changes pro­ Johnstown, Channel 285A, is not technically effect were a reply to the Value reply. posed in Docket 15542 (see paragraph 21, feasible. 5836 RULES AND REGULATIONS

come to the same conclusion as on tion on Channel 256 in lieu of Channel ested parties was given through publica­ the Cambria proposal standing alone, 280A, subject to the following conditions: tion of the notice and order and the pro­ namely, that the assignment of Channel (a) The licensee shall inform the posed rules in the F ederal R egister of 256 to Ebensburg to replace the Class A Commission by May 20, 1965, of its ac­ November 18, 1964 (29 F.R. 15446); assignment would serve the public in­ ceptance of this modification. It further appearing, that representa­ terest and is to be preferred over the (b) The licensee shall submit to the tions have been received from those per­ assignment of this channel to Johnstown. Commission by May 20, 1965, all the sons named in the appendix to this order While Ebensburg is a much smaller com­ technical information normally required and that due consideration has been munity, it is much more centrally located for the issuance of a construction permit given the contentions and suggestions with respect to the county in which both for operation on Channel 256, including made in these representations and that are situated. Johnstown already has any changes in antenna and transmis­ the proposed rules have been modified three AM stations and two FM stations. sion line. where appropriate; The proposal to assign Channel 256 to (c) The licensee may continue to op­ And it further appearing, that the Ebensburg would also eliminate the need erate on Channel 280A under its out­ Contract Carrier Conference of the for the deletion of a Class A assignment standing authorization until, Upon re­ American Trucking Associations, Inc., in New Martinsville, W. Va., as proposed quest by the licensee, the Commission requests that oral hearing be held and in Docket 15542. authorizes interim operation on Chan­ that the Manufacturing Chemist Associ­ 25. Accordingly, we believe the public nel 256; following which the licensee ation, Inc., requests the opportunity interest requires that we adopt the pro­ shall submit (within 30 days) the meas­ for oral argument; and good cause posal made in the Notice as follows: urement data normally required of an appearing; City Channel No. applicant for an FM broadcast station It is ordered, That the requests for oral Ebensburg, Pa______256 license. hearing and oral argument be, and they Philipsburg, Pa______280A 30. It is further ordered, That thisare hereby, denied; proceeding is terminated. It is further ordered, That Title 49 In view of the fact that WEND-FM op­ (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. CFR be, and it is hereby, amended by erates on Channel 280A and the change 154. Interpret or apply secs. 303, 307, 48 adding to Chapter I and Subchapter B will require its operation on Channel 256, Stat. 1082, 1083; 47 U.S.C. 303, 307) thereof Part 240, entitled “Temporary its authorization will be modified accord­ Adopted: April 21,1965. Authority Applications under Section ingly. 210a(a) of the Interstate Commerce 26. The Commission on its own motion Released: April 22,1965. Act,” as follows: proposed to delete Channel 252A at Dal­ F ederal Communications Sec. ton, Ga., and to substitute Channel 272A 240.1 Controlling legislation and defini­ for 240A at Merkel, Tex., because they Commission, Cseal] Ben F. W aple, tions. were erroneously made at short spacings. 240.2 Filing of applications. No objections were filed to these propos­ Secretary. 240.3 Processing of applications. als and they will be adopted. [F.R. Doc. 65-4397; Filed, Apr. 26, 1965; 240.4 Determination of applications. 27. Authority for the adoption of the 8:49 a.m.] 240.5 Rates, charges, and special permis­ amendments contained herein is con­ sion applications. tained in sections 4(i), 303, and 307(b) of 240.6 Petitions for reconsideration. the Communications Act of 1934, as Authority : The provisions of this Part 244 amended. Title 49— TRANSPORTATION issued under 52 Stat. 1237, 49 U.S.C. 304(a) 6; 28. In view of the foregoing: It is or­ 52 Stat. 1238, 49 U.S.C. 310a(a); 49 Stat. 560, Chapter I-—Interstate Commerce 49 U.S.C. 317; 49 Stat. 561, 49 U.S.C. 318; 60 dered, That effective May 31, 1965, the Stat. 237, 5 U.S.C. 1003 and 1008. FM Table of Assignments contained in Commission § 73.202 of the Commission’s rules and SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE § 240.1 Controlling legislation and def­ regulations is amended, insofar as the [Ex Parte No. MC-67] initions. communities named are concerned, as (a) Controlling legislation. Section follows: PART 240— TEMPORARY AUTHORITY 210a(a) of the Interstate Commerce Act, (a) The following entries are added: APPLICATIONS UNDER SECTION as amended, 49 U.S.C. 310a(a), which the City Channel No. 210ct(a) OF THE INTERSTATE COM­ rules and regulations in this part are Scottsburg, Ind______265A MERCE ACT designed to implement, provides as fol­ Creston, Iowa______,__ _ 269A lows: Lyons, Kans______288A Motor Carrier Temporary Authorities To enable the provision of service for which Gouverneur, N.Y______;_____ 224A there is an immediate and urgent need to a Ellwood City, Pa______221A At a general session of the Interstate point or points or within a territory having Martin, Tenn______269A Commerce Commission, held at its office no carrier service capable of meeting such Fond du Lac, Wis______296A in Washington, D.C., on the 7th day of need, the Commission may, in its discretion (b) The following entries are amendedApril A.D. 1965. and without hearings or other proceedings, to read as follows: It appearing, that the Commission by grant temporary authority for such service notice and order entered November 5, hy a common carrier or a contract carrier by City Channel No. 1964, instituted the above-entitled pro­ motor vehicle, as the case may be. Such Wilmington, N.C. 247, 260, 265A ceeding under sections 204(a)(6), temporary authority, unless suspended or Watertown, N.Y______248 210a(a), 217, and 218, of the Interstate revoked for good cause, shall be valid for Natchez, Miss______236 such time as the Commission shall specify Ebensburg, Pa______256 Commerce Act and sections 4 and 9(b) but for not more than an aggregate of one Philipsburg, Pa______280A of the Administrative Procedure Act for hundred and eighty days, and shall create no Yankton, S. Dak. ____ 262, 281 the purpose of determining whether cer­ presumption that corresponding permanent Merkel, Tex______272A tain proposed rules, or any other rules, authority will be granted thereafter. Manitowoc, Wis_. 221A, 272A should be prescribed to govern the filing, Oshkosh, Wis__ _ 244A, 280A Extensions of temporary authority be­ processing, and determination of ap­ yond 180 days are governed by the special (c) Delete the following entry: plications by motor common and con­ tract carriers for temporary operating, rules, contained in Part 2 of this chapter, City Channel No. promulgated pursuant to section 9(b) of authority; the Administrative Procedure Act, 5 Dalton, Ga_ 252A It further appearing, that the said notice and order entered November 5, U.S.C. 1008(b). 29. It is further ordered, That effec­1964, invited the participation of all in­ By the Commission. tive May 31, 1965, and pursuant to sec­ terested parties and provided that they (b) Definitions. As used in this part, tion 316(a) of the Communications Act might submit representations, state­ the following words and terms are con­ of 1934, as amended, the outstanding ments of fact, or argument in support of strued as follows: license held by Cambria County Broad­ or in opposition to the proposed rules or (1) ~Temporary au th ority Limited- casting Co., Inc., for radio Station suggest modifications or additions to term motor carrier operating authority WEND-FM is modified to specify opera­ such rules; and that notice to all inter­ issued for periods up to 180 days (TA) Tuesday, April 27, 1965 FEDERAL REGISTER 5837 pursuant to section 210a (a) of the Inter­ signed by the person (or an authorized more fully described in paragraph (c) state Commerce Act to authorize trans­ representative thereof) having such im­ of this section. The telegram must be portation service for which there is an mediate and urgent need for motor car­ sent to the Bureau of Motor Carriers’ immediate and urgent need and which rier service. Any such supporting state­ field staff member who is handling the cannot be met by existing carrier service. ment must contain at least the follow­ application. This term includes "emergency tempo­ ing information: (4) In processing emergency tempo­ rary authority” issued for periods of 30 (1) Description of the specific com­ rary authority applications, it often be­ days or less (ETA) to meet an immediate modity or commodities to be transported comes necessary to use telephone and and urgent need for service due to emer­ (where the transportation of property telegraph service to verify rate levels and gencies, in which time or circumstances is involved). the absence of existing carriers’ service, do not reasonably permit the filing and (2) Points or areas to, from, or be­ and to submit the Bureau of Motor Car­ processing of an application for tempo­ tween which such commodities or pas­ riers’ field report to the Temporary Au­ rary authority (TA). sengers are to be transported. (If serv­ thorities Board in Washington, D.C. As (2) "Common carrier by motor ve­ ice is needed to or from a territory or Government funds are not available to hicle”. Same as defined in section 203 area rather than a specific point or pay such communication expenses, the (a) (14) of the Interstate Commerce Act points, clearly describe such territory or applicant must have or make arrange­ (49 U.S.C. 303(a) (14)). area and furnish evidence of a broad need ments with the telephone and telegraph (3) “Contract carrier by motor vehi­ to justify the territorial grant of au­ companies so that such costs can be cle”. Same as defined in section 203(a) thority requested.) charged to its account. (15) of the Interstate Commerce Act (49 (3) Volume of traffic involved, fre­ (e) Insurance and service of process. U.S.C. 303(a)(15)). quency of movement, and how trans­ (1) Where the applicant is an authorized (4) “Aggregate of 180 days”. The total ported now and in the past. carrier, a statement must accompany the number of days of temporary authority (4) How soon the service must be pro­ application indicating whether evidence which may be granted to a motor carrier vided and the reasons for such time of effective insurance is on file with the under the provisions of section 210a (a) limit. Commission and whether agents for of the Interstate Commerce Act to meet (5) How long the need for such service service of process have been designated a continuing need for a particular service. likely will continue, and whether the for each State in which operations are (5) “Person”. Same as defined in sec­ persons supporting the temporary ap­ conducted or proposed. If applicant is tion 203(a)(1) of the Interstate Com­ plication will support a permanent serv­ not an authorized carrier, it should fur­ merce Act (49 U.S.C. 303(a) (1>). ice application. nish a statement containing the name § 240.2 Filing of applications. (6) Recital of the consequences if of its insurance company, its policy num­ service is not made available.' ber, the effective and expiration dates of (a) General. All temporary authority (7) The circumstances which created such policy, the limits contained therein, applications are filed at and initially an immediate and urgent need for the and a copy of the Commission’s Form processed by the Commission’s field requested service. BMC 3 (§7.3 of this chapter) designat­ offices. The field staff of the Commis­ (8) Whether efforts have been made ing an agent for service of process in sion’s Bureau of Motor Carriers conducts to obtain the service from eriisting motor, each State where operations are proposed preliminary investigations into applica­ rail, or water carriers, and the dates and to be conducted. If such carrier does not tions for temporary authority and trans­ results of such efforts. have appropriate insurance it may sub­ mits the applications, with recommenda­ (9) Names and addresses of existing mit a statement, which includes the name tions as to their disposition, to the Com­ earners who have either failed or refused of its insurance company and of its in­ mission’s Temporary Authorities Board to provide the service, and the reasons tent to effect compliance before com­ in Washington, D.C. The Bureau’s field given for any such failure or refusal. mencing operations if the authority is offices maintain records of authorized (10) Name and address of motor car­ granted. carriers and their operating authorities, rier who will provide service and is filing (2) On emergency temporary authori­ and its staff members are available for application for temporary authority. ties where time does not permit the sub­ consultation and to give assistance in the (11) If the person supporting the ap­ mission of the required written state­ obtaining of motor carrier service, and plication has supported any prior appli­ ment by applicant, a telegraphic state­ guidance in the preparation of temporary cation for permanent or temporary au­ ment may be accepted. authority applications and related sup­ thority covering all or'any part of the porting material, and in making rate, desired service, give the carrier’s name, § 240.3 Processing of applications. insurance, and other required filings. address, and motor carrier docket num­ (a) Notice to interested persons—(1) The field offices will furnish copies of ber, if known, and state whether such Service. Notice of the filing of tempo­ necessary forms upon request. application was granted or denied and rary authority applications tendered shall (b) How and where filed. A separate the date of such action, if known. be given by the publication of a summary application for each temporary authority (d) Special procedures for filing ap­of the authority sought in the F ederal sought must be filed on Form BOR-95 plications for emergency temporary au­ R egister, except that no such summary (§ 7.95 of this chapter)-. The signed orig­ thority. (1) Emergency temporary au­ will be published in the case of emer­ inal and six copies of each application thority should be applied for only where gency temporary authority applications. and all supporting documents must be emergency conditions exist which do not Such summaries will be prepared by the filed with the Bureau of Motor Carriers’ permit sufficient time to afford the notice Bureau of Motor Carriers district super­ field office 'which has jurisdiction over specified in § 240.3(a). Applications for visor and forwarded to the Bureau of the point at which applicant is domiciled, emergency temporary authority must be Operating Rights, Washington, D.C. or such other field office as the Commis­ filed on Form BOR-95 (§ 7.95 of this (.2) Filing of protests. Any inter­ sion may designate in special circum­ chapter). ested persons who can and will provide stances. (2) Where the emergency is found to all or any part of the proposed service (c) Supporting statements. Each ap­ continue beyond the period of the initial may file a protest against the applica­ plication for temporary authority must grant, the emergency temporary author­ tion. Such protest must be specific as to be accompanied by a supporting state­ ity may be extended only upon written the service which such protestant can )' ment (s) designed to establish an immedi­ request until disposition is made of the and will offer and must consist of a ate and urgent need for service which longer term temporary authority appli­ signed original and six (6) copies which cannot be met by existing carriers, except must be filed with the district supervisor that when the Department of Defense cation. (3) In the cases where the urgency of named in the F ederal R egister publica­ is the shipper such support may be fur­ tion within 15 calendar days after the nished directly to the Temporary Au­ the situatioo^warrants, the supporting date notice of the filing of the applica­ thorities Board by the Washington office statements of those having the immedi­ tion is published In the F ederal R egister. of that Department. Each such shipper’s ate and urgent need for carrier service One copy of such protest must be served statement, except those submitted by the may be furnished by telegram. However, on the applicant or its authorized rep­ Department of Defense must contain a such telegram must contain substan­ resentative, if any, by U.S. mail or in per­ certification of its accuracy and must be tially the federal information which is son. No. 80- 4 5838 RULES AND REGULATIONS (b) Publication of ratçs and charges. or the provision of a transportation serv­ is revoked, and a new or separate need A carrier may not lawfully perform ice designed to meet the distinct needs arises subsequent to such expiration or transportation under a grant of .tempo­ of that shipper. No “dual operation” revocation, additional temporary author­ rary authority unless and until compli­ finding is necessary, however, where a ity for the 180-day aggregate, or for a ance has been made with the rate and grant of temporary authority to operate shorter period, may be granted to the other requirements of section 217 of the as a contract carrier is made to an exist­ same carrier for the service, notwith­ Interstate Commerce Act in the case of ing common carrier and vice versa. standing the prior grant or grants. common carriers and of section 218 of the (3) Since a grant of temporary au­ However, an application filed after an act in the case of contract carriers, as thority is not a permit or certificate, none aggregate of 180 days temporary author­ provided in § 240.5. of the related rights, under the Inter­ ity has expired or been revoked will be (c) Revocation for noncompliance, state Commerce Act, such as the inciden­ denied unless the facts clearly show that and reinstatement and extension of time tal charter rights of passenger carriers the application is in reality based on a for making compliance. ( 1 ) Tempo­ and the implied authority to perform new need and not a continuation of the rary authority is approved subject to terminal services at points within the need on which the prior grant of author­ compliance within 30 days, or within commercial zone but beyond the corpo­ ity was based. such additional time as the Commission rate limits of named municipalities, is (2) Immediate and urgent need. An may approve, with the applicable provi­ applicable. Temporary authority may immediate and urgent need justifying a sions of the statute and the require­ not be tacked or joined with permanent grant of temporary authority will be de­ ments, rules, and regulations prescribed authority held by the carrier for the pur­ termined to exist only where it is estab­ by the Commission thereunder govern­ pose of performing through transporta­ lished that there is or soon will be an ing the filing of rate and contract pub­ tion, nor can through, joint-line service immediate transportation need which lications, the filing of acceptable evi­ be performed thereunder. Where there reasonably cannot be met by existing car­ dence of security for the protection of the is a need for such services which are not rier service. Such a showing may in­ public and designation of agents for serv­ implicit in grants of temporary operating volve a new or relocated plant, different ice of process. authority this fact should be stated spe­ method of distribution, new or unusual (2) If compliance is not made withincifically so that an appropriate author­ commodities, an origin or destination not the 30-day period, or within the time ity description may be issued. presently served by carriers, a discon­ allowed in any extension thereof appli­ (4) For administrative convenience, tinuance of existing service, failure of cant will be notified that the temporary temporary authority to transport prop­ existing carriers to provide service, or authority order is of no further force and erty will be considered to authorize the comparable situations which require new effect. Where this occurs, applicant may return transportation of shipper-owned motor carrier service before an applica­ make written request for reinstatement of trailers and of empty crates, barrels, bot­ tion for permanent authority can be filed the granting order if it so desires, pro­ tles, hangers, pallets, bracing, dunnage, and processed. vided (i) that such request is made with­ and other similar containers and ship­ (3) Emergency temporary authority. in 20 days from the date of the notice, ping devices used in the outbound trans­ An immediate and urgent need justifying (ii) that good cause can be shown as to portation covered by the temporary a grant of emergency temporary author­ why compliance was not made within authority. ity will be determined to exist only where the time allowed, and (iii) that the re­ (b) Standards for determination.it is established that existing carrier serv­ quest for reinstatement contains positive The following standards shall be used by ice is not capable of providing transpor­ assurance that applicant is now able to the Temporary Authorities Board, and tation service to meet immediate and and will comply immediately with all by Division 1 of the Commission acting actual emergencies, such as, for example, applicable requirements, if the order is initially or in an appellate capacity, in to prevent a plant shutdown, to move reinstated. the absence of special or unusual circum­ particular shipments in the interest of § 240.4 Determination of applications. stances, in the determination under sec­ tjie national defense, to meet needs re­ tion 210a(a) of the Interstate Commerce sulting from fires, floods, storms, or other (a) General. (1) Initial determina­ Act (49 U.S.C. 310a(a)) of applications disasters which affect the public health, tion of temporary authority applications for temporary authority. safety, and welfare, disruption in existing will be made by the Commission’s Tem­ (1) General, (i) Grants of tempo­carrier services by work stoppages, unex­ porary Authorities Board or by Division rary authority shall only be made upon pected cessation of existing transporta­ 1 of the Commission, acting initially. the establishment of an immediate and tion service, lack of equipment capable of For purposes of administration, distinc­ urgent need for the transportation of transporting the involved commodity, tions in the applicable grounds of ap­ passengers, or of particular commodities failure or lack of storage facilities and proval and rate filings will be maintained or classes of commodities, from specified imminent, spoilage of perishable com­ as between temporary authority of not origin points or areas to specified destina­ modities, or comparable situations which more than 30 days (ETA), and tempo­ tion points or areas, having no carrier make it impracticable to afford the notice rary authority of up to 180 days (TA). service capable of meeting such needs. specified in § 240.3(a). No successive grants of temporary au­ Requests for temporary authority involv­ (4y Single-line service. Generally, the thority shall exceed a total of 180 days, ing service to or from entire States, coun­ desire of a shipper for single-line service and, if a grant of an emergency authority ties, or other defined areas will warrant in lieu of existing interchange or con­ results in a total of aggregate temporary approval only when supported by evi­ necting-carrier service will not warrant authority grants of more than 180 con­ dence that there is a compelling need for a grant of temporary authority. A grant secutive days, such total, to the extent service to or from a representative num­ of temporary authority to effectuate that it exceeds 180 days, will be reduced ber of points in each such State, county, single-line service will be authorized only accordingly. or area, that there is a reasonable cer­ when.it is clearly established that the (2) While a grant of temporary au­tainty that such service will be utilized, carriers providing multiple-line _ service thority is neither a permit nor a certifi­ and that there is no carrier service avail­ are not capable of, or have failed in, cate under the Interstate Commercé Act able capable of meeting such need. meeting the reasonable immediate and it nevertheless enablés the applicant to urgent needs of shippers or receivers be­ provide service either as a common or a Otherwise, such grants will be limited in accordance with the evidence to point- tween the points or territories and in contract carrier, as the case may be. respect of the commodity or commodities Consequently, an applicant for tempo­ to-point authorizations covering the im­ mediate and urgent need for service. involved. rary authority to operate as a motor (5) Complete service. Requests^ - for contract carrier must show that the oper­ (ii) Any need which is the basis of an operation authorized by a temporary au­ temporary authority on the basis of “pro­ ation proposed is that of a contract car­ viding a complete service to a shipper, rier by motor vehicle as defined in sec­ thority to be conducted for a period of less than an aggregate of 180 days is pre­ even though existing carriers are par­ tion 203(a) (15) of the Interstate Com­ ticipating in the traffic and in many in­ merce Act; that is, that the applicant sumed not to be of a “continuing nature” unless the Commission otherwise ex­ stances can provide a substantial part of serves one or a limited number of ship­ the service, require special justification. pers, and that the service proposed in­ pressly determines. If the need for a volves either the assignment of vehicles particular service ceases and a temporary Generally, in such instances, the appli­ to the supporting shipper’s exclusive use authority covering such need expires or cant must establish with reasonable Tuesday, April 27, 1965 FEDERAL REGISTER 5839 certainty that the existing carriers can­ served by a contract carrier transport­ cial Permission M-60160 and M-60161, not adequately serve the shipper in their ing the same commodities, the rates and for use in the event the authority sought authorized territories, or that the sup­ charges may be made on the same or is granted. Such statement shall con­ porting shipper has revised its distribu­ higher basis as those of such contract tain the names of competing motor car­ tion methods to such an extent that there carrier, or those maintained by applicant riers transporting the same commodities actually is an immediate and urgent between other points in the same area. and the rates of such carriers between need for the complete service proposed. (3) Notice of rate publication re­ the same points or from or to nearby (6) Failure to provide equipment. quired. In most cases there is outstand­ points for similar distances and the ap­ Temporary authority may be granted ing special permission authority to pub­ plication will not be acted upon until where existing authorized carriers are lish rates on less than statutory notice such statement shall have been fur­ unable or refuse to furnish equipment covering transportation service by and nished by the applicant to the district necessary to move passengers or the traf­ for the Railway Express Agency and supervisor. fic of shippers in order to meet an im­ the substitution of motor for rail service. (2) Existing rates. If the statement mediate and urgent transportation need. Most tariff publishing agents also have of the proposed rates submitted with the (7) Alternate routes. Except in un­ outstanding special permission authority emergency temporary authority applica­ usual circumstances, temporary author­ to publish on-short-notice scope of op­ tion contains rates or charges lower than ity to operate over an alternate route erating rights to be granted pursuant to existing rates described under para­ will not be granted, even though the a temporary authority application and graphs (a) (1) or (2) of this section by service route may be circuitous, since to add new participating carriers to their the named or other carriers, approval will the carrier-applicant may now operate tariffs. The temporary authority appli­ not be recommended or authority between the points involved. cation must state who will make the granted. All emergency temporary au­ (8) General bases for disapproval. tariff publication, and whether it is to thority will be expressly conditioned on Applications for temporary authority be made on thirty days’ notice or upon establishing rates or charges no lower may be denied for the following reasons : less than thirty days’ notice. than those set forth in the application, (i) Failure to meet statutory stand­ (4) Special permission applications. and a “W” tariff naming rates lower than ards. (i) If publication is to be made on short those set forth in the application will be (ii) Unfitness of the applicant. notice by the carrier filing the temporary rejected. Emergency temporary author­ authority application and it is not cov­ ity will be revoked for failure to season­ § 240.5 Rates, charges, and special per­ ered by the outstanding special permis­ ably file a proper “W” tariff. mission applications. sion authority referred to in paragraph (3) Suspended or special permission (a) Rates requirements generally. (b) (1) of this section, such temporary au­ rates, (i) In every case the carrier shall (1) Motor common carriers. A motor thority application must be accompanied state in its emergency authority applica­ common carrier may not lawfully per­ by a special permission application (four tion whether there is under suspension form transportation until effective rates copies with original signed and nota­ at the time any rates published for its and provisions are published, posted, and rized), setting forth the proposed rates account, or whether an application for filed with the Commission as required clearly and completely. An accompany­ special permission authority to file its by section 217 of the Interstate Com­ ing exhibit may be used if identified by rates on less than 30 days’ notice has merce Act and the Commission’s rules letter, such as Exhibit “A”, and so re­ been granted or denied, covering the and regulations issued thereunder. ferred to in the application. If the pro­ same traffic from and to the same points Rates to be established upon less than posed provisions consist of rates, all in connection with another temporary thirty days’ notice must not be less than points of origin and destination must be or permanent authority application. If existing motor common carrier commod­ shown or definitely indicated. If per­ the applicant has rates or other tariff ity rates on the same commodities in mission is sought to establish a rule, the matter under suspension, or has received like quantities from and to the same exact wording of the proposed rule must or been denied special permission to file points, or in absence thereof not less than be shown. If relief from tariff circular on less than 30 days’ notice any rates the motor common carrier commodity rules is sought, the exact form of publi­ not yet effective, covering the same rates on the same commodities in like cation must be shown. traffic, the district supervisor will not quantities from and to-nearby points for (ii) The special permission applica­ recommend approval of the request nor similar distances. In the absence of ex­ tion must contain the names of motor will a grant be made of the emergency isting motor common carrier commod­ carriers known to maintain competitive temporary authority. ity rates, the rates to be established on rates; charges, or rules between the same (ii) If applicant carrier has rates less than thirty days’ notice shall not be points or points related thereto, together under suspension covering the same less than the applicable motor common with adequate identification of tariffs traffic, it should file a special permission carrier class rates from and to the same containing such rates, charges, or rules. application as set forth in paragraph points except as otherwise authorized It must also state whether such carriers (a) (4) "of this section, stating a copy in paragraph (b) of this section. De­ have been advised of the proposed rates, was served upon protestant (s) and re­ tailed instructions on rate filings may charges, or rules and whether they have questing short notice authority to cancel be obtained from any Bureau of Motor been advised that it is proposed to estab­ the suspended matter and to file rates Carriers’ field office. lish such provisions on less than thirty according to paragraphs (a) (1) or (2) (2) Motor contract carriers. A motor days’ notice. The rates, charges, or of this section or, in the alternative, state contract carrier may not lawfully pro­ rules proposed to be established should that the suspended rates will be defended vide transportation until executed trans­ conform to the competitive rate level and request short notice authority to file portation contracts, when required, and standards of subparagraph (1) of this rates conforming with paragraphs (a) schedules of rates and charges are on paragraph for motor common carriers or (1) or (2) of this section to apply during file with the Commission as required by subparagraph (2) of this paragraph for the suspension period, such rates to ex­ section 218 of the Interstate Commerce motor contract carriers. In the absence pire at the end of the suspension period. Act and the Commission’s rules and reg­ of effective commodity rates via com­ (4) Passenger carriers, (i) Each ap­ ulations issued thereunder. The filing peting carriers on the commodity or com­ plication for emergency temporary au­ of contracts covering transportation of modities to be transported, the Special thority must be accompanied by an ap­ passengers, currency, bullion, and cer­ Permission Board, upon a proper show­ plication for special permission to pub­ tain other valuable articles is not re­ ing, may authorize the establishment of lish fares and charges in connection quired. Except as otherwise authorized rates on a different level. therewith if they are proposed to be in paragraph (b) of this section, the (b) Emergency temporary authority. made effective on less than 30 days’ stat­ rates proposed to be established upon less (1) Property carrier. Each application utory notice. Such application shall be than thirty days’ notice shall not be accompanied by a statement of the fares, for emergency temporary authority for charges, and rules to be filed if the au­ lower than permitted under subpara­ 30 days or less, except those involving the thority is granted. Authority to file graph (1) of this paragraph if applicant Railway Express Agency or substitution fares and charges on less-than-statutory were a common carrier, except that if of motor for rail service, shall be accom­ notice will be granted only when the any of the points of origin, destination, panied by a statement of the rates, proposed fares and charges are on a level or territory to be served is at the time charges, and rules to be filed under Spe­ which does not undercut or disrupt the 5840 RULES AND REGULATIONS existing level of the fares and charges but if the facts stated in any such peti­ state Commerce Commission, Washing­ between the points involved maintained tion disclose a need for accelerated ton, D.C., and by filing a copy with the by competing motor carriers generally action, such action, in the discretion of Director, Office of the Federal Register. in the same territory. the Commission, may be taken before (ii) The special permission application expiration of the time allowea for reply. [seal] Bertha F. Armes, must contain the names of motor car­ Replies received after accelerated action Acting Secretary. riers known to maintain competitive on petition will be treated as petitions Appendix fares, charges, or rules between the same for reconsideration of the accelerated PARTIES PILING REPRESENTATIONS or related points, together with accu­ action and given corresponding acceler­ rate identification of the tariffs, by I.C.C. ated action. Carolina Freight Carriers Corp. Akers Motor Lines, Inc. numbers, containing such fares, charges, (c) Petitions for reconsideration.Mercury Motor Express, Inc. and rules. It must also state whether The filing of a petition for reconsidera­ Pilot Freight Carriers, Inc. such competing carriers have been ad­ tion of an order of Division 1 or the The Johnson Motor Lines System. vised of the fares and charges proposed Temporary Authorities Board does not R.C. Motor Lines, Inc. to be established upon less-than-statu- have the effect of automatically staying Frank J. Weiner. tory notice. such order, and the grantee carrier may Gordons Transports, Inc. conduct the operations authorized by Twenty-five Western Railroads. § 240.6 Petitions. Twelve Eastern Railroads. such order upon compliance with its Railway Express Agency, Inc. (a) Petitions for reconsideration. tariff, insurance, and other requirements Groendyke Transport, Inc. Pursuant to and in accordance with the for the duration of the temporary au­ Western Gillette, Inc. Commission’s General and Special Rules thority, or until otherwise ordered. Middle Atlantic Conference. of Practice, petitions for reconsideration Contract Carrier Conference of American of orders of (1) the Temporary Authori­ It is further ordered, That this order Trucking Associations, Inc. ties Board, and (2) Division 1 initially shall become effective on July 1, 1965, Connectieut Limousine Service, Inc. and shall remain in effect until modified Boston & Taunton Transportation Co. and granting or denying temporary author­ five other New .England motor carriers. ity in proceedings not subject to prior or revoked, in whole or in part, by fur­ The Administrator of General Services. determination by the Temporay Author­ ther order by the Commission; The Motor Carrier Lawyers’ Association. ities Board, may be filed by any inter­ And it is further ordered, That notice National Industrial Traffic League. ested person. of this order shall be given to the general Manufacturing Chemists’ Association, Inc, (b) Replies. Replies may be filed by public by depositing a copy thereof in [F.R. Doc. 65-4384; Filed, Apr. 20, 1965; any interested person to such petitions; the Office of the Secretary of the Inter­ 8:48 a.m.]

\ Proposed Rule Making

this part, a “contract with reserves based (B) With respect to reserves based on on a segregated asset account” is a contract— segregated asset accounts other than life DEPARTMENT OF THE TREASURY (1) Which provides for the allocation of insurance reserves, an amount equal to the Internal Revenue Service all or part of the amounts received under the product of— contract to an account which, pursuant to (i) The rate of interest assumed as de­ [ 26 CFR Part T 1 State law or regulation, is segregated from fined in subparagraph (A), and the general asset accounts of the company. (ii) The means of such reserves, INCOME TAX (ii) Which provides for the payment of annuities, and shall be Included as Interest paid within the Notice of Proposed Rule Making (iii) Under which the amounts paid in, meaning of section 805(e)(1). or the amount paid as annuities, reflect the (6) Increases and decreases in reserves. Notice is hereby given, pursuant to the investment return and the market value For purposes of subsections (a) and (b) of Administrative Procedure Act, approved of the segregated asset account. section 810, the sum of the items described June 11, 1946, that the regulations set in section 810(c) taken into account as of forth in tentative form below are pro­ If a contract ceases to reflect current in­ the close of the taxable year shall, under reg­ vestment return and current market value, ulations prescribed by the Secretary or his posed to be prescribed by the Commis­ such contract shall not be considered as delegate, be adjusted— sioner of Internal Revenue, with the ap­ meeting the requirements of clause (iii) (A) By subtracting therefrom an amount proval of the Secretary of Treasury or his after such cessation. equal to the sum of the amounts added from delegate. Prior to the final adoption of (2) Life insurance reserves. For purposes time to time (for the taxable year) to the such regulations, consideration will be of subsection (b) (1) (A) of this section, the reserves separately accounted for in accord­ given to any comments or suggestions reflection of the investment return and the ance with paragraph (3) by reason of appre­ market value of the segregated asset ac­ ciation in value, of assets (whether or not the pertaining thereto which are submitted assets have been disposed of), and in writing, in duplicate, to the Commis­ count shall be considered an ''assumed rate of interest. (B) By adding thereto an amount equal to sioner of Internal Revenue, Attention: (8) Separate accounting. For purposes of the sum of the amounts subtracted from CC:LR:T, Washington, D.C., 20224, with­ this part, a life insurance company which time to time (for the taxable year) from in the period of 30 days from the date issues contracts with reserves based on seg­ such reserves by reason of depreciation in of publication of this notice in the F ed­ regated asset accounts shall separately acr value of assets (whether or not the assets eral R egister. Any person submitting count for the various income, exclusion, de­ have been disposed of). written comments or suggestions who de­ duction, asset, reserve, and other liability The deduction allowable for items described sires an opportunity to comment orally items properly attributable to such segre­ in paragraphs (1) and (7) of section 809(d) at a public hearing on these proposed gated asset accounts. For such items as with respect to segregated asset accounts regulations should submit his request, in are not accounted for directly, separate ac­ shall be reduced to the extent that the counting shall be made— amount of such items is increased for the writing, to the Commissioner within the (A) In accordance with the method reg­ taxable year by appreciation (or increased to 30-day period. In such case, a public ularly employed by such company, if such the extent that the amount of such items hearing will be held, and notice of the method is reasonable, and is decreased for the ^taxable year by depre­ time, place, and date will be published in (B) In all other cases, in accordance with ciation) not reflected in adjustments under a subsequent issue of the F ederal R egis­ regulations prescribed by the Secretary or the preceding sentence. ter. The proposed regulations are to be his delegate. (7) Basis of assets held for qualified pen­ issued under the authority contained in (4) Investment yield—(A) In general. sion plan contracts. In the case of contracts For purposes of this part, the policy and described in subparagraph (A), (B), (C), section 7805 of the Internal Revenue Code other contract liability requirements, and or (D) of section 805(d) (1), the basis of each of 1954 (68A Stat. 917; 26 U.S.C. 7805). the life insurance company’s share of in­ asset in a segregated asset account shall (in [seal] Sheldon S. Cohen, vestment yield, shall be separately com­ addition to all other adjustments to basis) Commissioner of Internal Revenue. puted— be— (i) With respect to the items separately (A) Increased by the amount of any ap­ In order to conform the Income Tax accounted for in accordance with paragraph preciation in value, and Regulations (26 CFR Part 1) under sec­ (3), and (B) Decreased by the amount of any de­ (ii) Excluding the items taken into ac­ preciation in value, tions 801, 802, 804, 805, 809, 812, and 815 count under clause (i). of the Internal Revenue Code of 1954 to (B) Capital gains and losses. If, without to the extent that such appreciation and section 3 of the Act of October 10, 1962 regard to subparagraph (A), the net short­ depreciation are from time to time reflected (Public Law 87-790, 76 Stat. 808), sec­ term capital gain exceeds the net long-term in the increases and decreases in reserves or tion 3 of the Act of October 23, 1962 capital loss, such excess shall be allocated other items in paragraph (6) with respect to (Public Law 87-858, 76 Stat. 1134), and between clauses (i) and (ii) of subparagraph such contracts. (A) in proportion to the respective contri­ (8) Additional separate computations. section 7(g) of the Self-Employed In­ Under regulations prescribed by the Secre­ dividuals Tax Retirement Act of 1962 butions to such excess of the items taken into account under each such clause. tary or his delegate, such additional separate (76 Stat. 829), such regulations are (5) Policy and other contract liability re­ computations shall be made, with respect to amended as follows: quirements. For purposes *of this part— the items separately accounted for in ac­ P aragraph 1. Section 1.801 is amended .(A) With respect to life insurance reserves cordance with paragraph (3), as may be by revising section 801(g) and the his­ based on segregated asset accounts, the ad­ necessary to carry out the purposes of this torical note. This amended provision justed reserves rate and the current earn­ subsection and this part. and historical note read as follows: ings rate for purposes of section 805(b), and [Sec. 801 as amended by sec. 2, Life Insur­ the rate of interest assumed by the taxpayer ance Company Tax Act 1955 (70 Stat. 36); § 1.801 Statutory provisions; life insur­ for purposes of sections 805(c) and 809(a) sec. 2, Life Insurance Company Income Tax ance companies; definition of life (2) , shall be a rate equal to the current Act 1959 ( 73 Stat. 112); sec. 3, Act of Oc­ insurance company. earnings rate determined under section 805 tober 23, 1962 (Public Law 87-858, 76 Stat. Sec. 801. Definition of life insurance com­ (b) (2) with respect to the items separately 1134)] pany. * * * accounted for in accordance with paragraph (g) Contracts with reserves based on seg­ (3) reduced by the percentage obtained by Par. 2. Section 1.801-2 is amended to regated asset accounts—(1) Definitions. dividing-— read as follows: (A) Annuity contracts include variable (i) Any amount retained with respect§ 1.801—2 Taxable years affected. annuity contracts. For purposes of this part, to such reserves by the life insurance com­ an “auunity contract” includes a contract Section 1.801-1 is applicable only to which provides for the payment of a variable pany from gross investment income (as de­ annuity computed on the basis of recog­ fined in section 804(b)) on segregated assets, taxable years beginning after Decem­ nized mortality tables and the investment to the extent such retained amount exceeds ber 31, 1953, and before January 1, 1955, experience of the company issuing the the deductions allowable under section 804 and all references to sections of part I, contract. (c) which are attributable to such reserves, subchapter L, chapter 1 of the Code are (B) Contracts with reserves based on a by to the Internal Revenue Code of 1954, be­ segregated asset account. For purposes of * (ii) The means of such reserves; and fore amendments. Sections 1.801-3 5841 5842 PROPOSED RULE MAKING

through 1.801-7 are applicable only to does not include those contracts which dent contingencies. Accordingly, a com­ taxable years beginning after Decem­ during the taxable year contain a right pany issuing contracts with reserves ber 31,1957, and'all references to sections to participate in the divisible surplus of based on segregated asset accounts shall of part I, subchapter L, chapter 1 of the the company where such right merely qualify as a life insurance company for Code are to the Internal Revenue Code reflects the company’s investment return. Federal income tax purposes if it satisfies of 1954, as amended by the Life Insur­ (iii) If at any time during the taxable the requirements of section 801(a) (re­ ance Company Income Tax Act of 1959 year a contrapt otherwise satisfying the lating to the definition of a life insurance (73 Stat. 112). Section 1.801-8 is ap­ requirements of section 801(g)(1)(B) company) and paragraph (b) of § 1.801- plicable only to taxable years beginning and subdivision (i) of this subparagraph 3. after December 31, 1961, and all refer­ ceases to reflect current investment re­ (c) Separate accounting. (1) For pur­ ences to sections of part I, subchapter L, turn and current market value, such poses of part I, section 801(g)(3) pro­ chapter 1 of the Code are to the Internal contract shall hot be considered as meet­ vides that a life insurance company (as Revenue Code of 1954, as amended by ing the requirements of section 801(g) defined in section 801(a) and paragraph the Life Insurance Company Income Tax (1) (B) (iii) and subdivision (i) (c) of this (b) of § 1.801-3) which issues contracts Act of 1959 (73 Stat. 112) and section 3 subparagraph after such cessation. with reserves based on segregated as­ of the Act of October 23, 1962 (76 Stat. Thus, a contract with reserves based on set accounts (as defined in section 801 1134). a segregated asset account includes a (g) (1) (B) and paragraph (a) (2) of this Par. 3. There is inserted immediately contract under which the reflection of section) shall separately account for after § 1.801-7 the following new section: investment return and market value each and every income, exclusion, de­ terminates at the beginning of the an­ duction, asset, reserve, and other liability § 1.801—8 Contracts with reserves based nuity payments, but only for the period item which is properly attributable to on segregated asset accounts. prior to such termination. For example, such segregated asset accounts. In those (a) Definitions—-(1) Annuity contractsif the purchaser of a variable annuity cases where such items are not directly include variable annuity contracts. Sec­ contract which meets such requirements accounted for, separate accounting shall tion 801(g) (1) (A) provides that for pur­ elects an pption which provides for the be made— poses of part I, subchapter L, chapter 1 payment of a fixed dollar annuity, then (1) According to the method regularly of the Code, an annuity contract includes such contract shall be considered as sat­ employed by the company, if such meth­ a contract which provides for the pay­ isfying such requirements only for the od is reasonable, and ment of a variable annuity computed on period prior to the time such contract (ii) In all other cases in a manner the basis of recognized mortality tables ceases to reflect current investment re­ which, in the opinion of the district di­ and the investment experience of the turn and current market value. Fur­ rector, is reasonable. company issuing such a contract. A thermore, a group annuity contract A method of separate accounting for such variable annuity differs from the ordi­ which satisfies the requirements of sec­ items as are not accounted for directly nary or fixed dollar annuity in that the tion 801(g)(1)(B) and subdivision (i) will be deemed “regularly employed” by annuity benefits payable under a variable of this subparagraph shall be considered a life insurance company if the method annuity contract vary with the insurance as continuing to meet such requirements was consistently followed in prior tax­ company’s investment experience with even though a certificate holder under able years, or if, in the case of a com­ respect to such contracts while the an­ the group contract elects an option which pany which has never before issued con­ nuity benefits paid under a fixed dollar provides for the payment of a fixed dol­ tracts with reserves based on segregated annuity contract are guaranteed irrei- lar annuity. However, the annuity at­ asset accounts, the company initiates spectiye of the company’s actual invest­ tributable to such certificate holder shall in the first taxable year for which it is­ ment earnings. not be considered as satisfying^ such re­ sues such contracts a reasonable method (2) Contracts with reserves based onquirements as of the time such annuity of separate accounting for such items a segregated asset account, (i) For pur­ ceases to reflect current investment re­ and consistently follows such method poses of part I, section 801(g) (1) (B) de­ turn and current market value. On the thereafter. Ordinarily, a company regu­ fines the term “contract with reserves other hand, a group annuity contract larly employs a method of accounting in based on a segregated asset account” as which does not reflect current market accordance with the statute of the State, a contract (individual or group) — value shall not be considered as satisfy­ Territory, or the District of Columbia, in § 1.801-8(a) (2) (i) ing such requirements even though a which it operates. (a) Which provides for the allocation certificate holder under the group con­ (2) Every life insurance company is­ of all or part of the amounts received tract elects an option which provides for suing contracts with reserves based on under the contract to an account which, the payment of a variable annuity. segregated asset accounts shall keep such pursuant to State law or regulation, is However, the variable annuity attribut­ permanent records and other data relat­ segregated from the general asset ac­ able to such certificate holder shall be ing to such contracts as is necessary to counts of the company. considered as satisfying such require­ enable the district director to determine (b) Which provides forXhe payment of ments as of the time such variable an­ the correctness of the application of the annuities, and nuity commences to reflect current in­ rules prescribed in section 801(g) and (c) Under which the amounts paid in, vestment return and current market this section and to ascertain the accuracy or the amount paid as annuities, reflect value. of the computations involved. the investment return and the market (b) Life insurance reserves. Section (d) Investment yield. (1) For pur­ value of the segregated asset account. 801(g) (2) provides that for purposes of poses of part I, section 801(g)(4)(A) (ii) The term “contract with reserves section 801(b)(1)(A), the reflection of provides that the policy and other con­ based on a segregated asset account” the investment return and the market tract liability requirements (as deter­ includes a contract such as a variable value of the segregated asset account mined under section 805), and the life annuity contract, which reflects the in­ shall be considered an assumed rate of insurance company’s share of invest­ vestment return and the market value of interest. Thus, the reserves held with ment yield (as determined under sections the segregated asset account, even respect to contracts described in section 804(a) or 809(b)), shall be separately though such contract provides for the 801(g) (1)—and paragraph (a) of this computed— payment of an annuity computed on the section shall qualify as life insurance (i) With respect to the items sepa­ basis of recognized mortality tables, but reserves within the meaning of section rately accounted for in accordance with the term includes such contract only for 801(b) (1) and paragraph (a) of § 1.801-4 section 801(g)(3) and paragraph (c) of the period during which it satisfies the provided such reserves are required by this section, and requirements of section 801(g)(1)(B) law (as defined in paragraph (b) of (ii) Excluding the items taken into and subdivision (iKof this subparagraph. § 1.801-5) and are set aside to mature or account under subdivision (i) of this However, such term does not include a liquidate, either by payment or reinsur­ subparagraph. pension contract written on the basis of ance, future unaccrued claims arising Thus, for purposes of determining both the so-called new money concept, i.e., from such contracts with reserves based taxable investment income and gain or whereby reserves are credited on the on segregated asset accounts involving, loss from operations, a life insurance basis of the company’s new high yield at the time with respect to which the company shall separately compute the investments. Furthermore, such term reserve is computed, life, health, or acci­ life insurance company’s share of the in- Tuesday, April 27, 1965 FEDERAL REGISTER 5843 vestment yield on the assets in its segre­ $16,000 and long-term capital losses of $15,000 tain changes in reserves) or section 810 gated asset account without regard to the attributable to its general asset accounts, (d) (1) (relating to adjustment for policy and other contract liability re­ long-term capital gains of $12,000 and short­ term capital losses of $6,000 attributable to change in computing reserves). quirements of, and the investment in­ Separate Account C and long-term capital (4) The provisions of section 801(g) come attributable to, contracts with gains of $7,000 and short-term capital losses (3) through (5) may be illustrated by reserves that are not based on the segre­ of $5,000 attributable to Separate Account the following example. For purposes of gated asset account. Such separate D. For the taxable year 1962, the excess of this example, it is assumed that all com­ computations shall be made after any al­ the net short-term capital gain ($16,000— putations have been carried out to a location required under section 801(g) $6,000—$5,000) over the net long-term capi­ sufficient number of decimal places to (4) (B) and subparagraph (2) of this tal loss (0) was $5,000. Of the $5,000 excess, insure substantial accuracy and to elim­ paragraph. 20 percent ($16,000—$15,000) -=-$5,000) was contributed by the general asset accounts, inate any significant error in the result­ (2) (i) Section 801(g) (4) (B) providesleaving 80 percent as the amount contributed ing tax liability* _ that if the net short-term capital gain by the segregated asset accounts. Applying Example. The books of R, a life Insurance (as defined in section 1222(5)) exceeds the provisions o t section 801(g) (4)(B) W company, discloses the following facts with the net long-term capital loss (as defined would allocate $1,000 (20 percent of $5,000) respect to Items of Investment yield, deduc­ in section 1222(8)), determined without to the general asset accounts, leaving $4,000 tions, assets, and reserves for the taxable regard to any separate computations un­ (80 percent of $5,000) to be allocated among year 1962: der section 801(g) (4) (A) and subpara­ the segregated a§set accounts, Separate Ac­ (a) Excerpts from Company Financial count C and Separate Account D. W would Statements. graph (1) of this paragraph, then such allocate $3,000 of the $4,000 to Separate Ac­ excess shall be allocated between section count C computed as follows: 801(g)(4)(A) (i) and (ii) and subpara­ Company Separate Separate M 0Q0_ ($4,000) X ($12,000—$6,000) (1) Investment yield regular account account graph (1) (i) and (ii) of this paragraph. account A B Such allocation shall be in proportion to 9 ’ ($12,000—$6,000) + ($7,000—$5,000) the respective contributions to such ex­ W would allocate $1,000 of the $4,000 to Sepa­ Interest wholly cess of the items taken into account un­ rate Account D computed as follows: $100,000 $3,000 $1,000 der each such section and subparagraph. Interest—other___ 10,000,000 8,000 15.000 ft nnn- ($4,000) X ($7,000-$5,000) Dividends received. 200,000 25,000 27.000 The allocation under this subparagraph Otber items of in­ shall be made before the separate compu­ ’ ($12,000—$6,000) + ($7,000—$5,000) vestment yield__ 100,000 2,000 1,000 tations prescribed by section 801 (g) (4) (e) Policy and other contract liability Gross invest­ (A) and subparagraph (1) of this ment income. 10,400,000 38,000 44,000 requirements. (1) For purposes of part Less deductions paragraph. I, section 801(g)(5) (A) provides that (sec. 804(c))___ 1,000,000 4,000 4,400 (ii) The operation of the allocation re­ with respect to life insurance reserves Investment yield. quired under section 801(g)(4)(B) and based on segregated asset accounts (as 9,400,000 34,000 39,600 subdivision (i) of this subparagraph may (2) Assets and defined in section 801(g) (1> (B) and par­ reserves: be illustrated by the following examples: agraph (a)(2) of this section), the ad­ (1) Assets: l'Example (I). For the taxable year 1962, justed reserves rate and the current Jan. 1, 1962.. . . . 190.000. 000 Dec. 31,1962...... 210.000. 0001,600,000 1,800,000 T, a life insurance company which issues earnings rate for purposes of section Mean______200,000,000 800,000 900,000 regular life insurance and annuity contracts 805(b), and the rate of interest as­ and contracts with reserves based on segre­ sumed by the taxpayer for purposes (ii) Life insurance gated asset accounts, had (without regard reserves: to section 801(g) (4) (A)) realized short-term of sections 805(c) and 809 (a)(2), shall Jan. 1,1962...... 152.000. 000 be a rate equal to the current earn­ Dec. 31, 1962...... 168.000. 0001,600,000 1,640,000 capital gains of $10,000 and short-term capi­ 160,000,000 800,000 820,000 tal losses of $10,000 attributable to its general ings rate determined under section 805(b) (2) and paragraph (a) (2) of (iii) Reserves based asset accounts and realized short-term cap­ on segregated ital gains of $12,000 attributable to its seg­ § 1.805-5 with respect to the items sepa­ asset accounts regated asset accounts. For the taxable year rately accounted for in accordance with other than life 1962, the excess of the net short-term capital insurance re­ section 801(g)(3), reduced by the per­ serves: gain ($10,000+$12,000—$10,000, or $12,000) centage obtained by dividing— Jan. 1, 1962.. __ over the net long-term capital loss (0) was (1) Any amount retained with respect Dec. 31, 1962...... 120,000 $12,000. Of the excess of $12,000,100 percent Mean______60,000 was contributed by the segregated asset ac­ to all of the reserves based on a segre­ gated asset account by the life insurance counts. ^Applying the provisions of section (b) Additional facts. In addition to the 801(g)(4)(B), T would allocate the entire company from gross investment income facts assumed in (a) above, assume the fol­ $12,000 to its segregated asset accounts for (as defined in section 804(b) and para­ lowing: The company retained with respect 6uch taxable year. graph (a) of § 1.804-3) on segregated to reserves based upon segregated asset ac­ Example (2). The facts are the same as in assets, to the extent such retained counts a total of $4,720 from gross invest­ example (1), except that for the taxable amount exceeds the deductions allow­ ment income on Separate Account A and year 1962, T had (without regard to section able under section 804(c) which are at­ $5,720 from gross investment income on Sep­ 801(g)(4)(A)) realized short-term capital tributable to such reserves, by arate Account B. With respect to the Com­ losses of $8,000 attributable to its general pany Regular Account computed without re­ asset accounts and realized long-term cap­ (ii) The means of such reserves. gard to the items in either of the separate ital gains of $1,000 and long-term capital (2) For purposes of part I, section 801 accounts, the policy and other contract li­ losses of $5,000 attributable to its segregated (g) (5) (B) provides that with respect to ability requirement is $6,580,000 and the re­ asset accounts. For the taxable year 1962, reserves based on segregated asset ac­ quired interest is $5,640,000. There are no the excess of the net short-term capital gain counts other than life insurance reserves, items of interest paid with respect to the ($10,000+$12,000—$8,000, or $14,000) over there shall be included as interest paid separate accounts other than those computed the net long-term capital loss ($5,000—$1,000, Within the meaning of section 805(e) (1) under section 801(g) (5) (B) . or $4,000) was $10,000. Of the excess of $10,000, the general asset accounts con­ and paragraph (b) (1) of § 1.805-8, an Based, on these facts, the current earnings tributed 20 percent ($2,000 ($10,000—$8,000) amount equal to the product of the means rate (sec. 805(b)); adjusted reserves rate -f- $10,000) and the segregated asset accounts of such reserves multiplied by the rate of (sec. 805(b)); and rate of interest assumed contributed 80 percent ($8,000 ($12,000 interest assumed as defined in section (secs. 805(c) and 809(a) (2)).; and the policy —$4,000) -t-$10,000) . Applying the provisions 801(g)(5) (A) and subparagraph (1) of and other contract liability requirements are of section 801(g) (4)(B), T would allocate this paragraph. determined for each of the Separate Accounts $2,000 ($10,000X20 percent) to its general A and B (and the policy and other contract (3) For purposes of this paragraph, liability requirements for the Company Reg­ asset accounts and $8,000 ($10,000X80 per­ any change in the rate of interest as­ cent) to its segregated asset accounts far ular Account) as set forth in items (c) such taxable year. sumed by the taxpayer in calculating the through (1) below. Example (3). W is a life insurance com­ reserve on a contract with reserves based (c) Separate Account A. The current pany which issues regular life insurance on a segregated asset account for any earnings rate determined under section 805 and annuity contracts and contracts with taxable year beginning after December (b) (2) with respect to the items separately reserves based on either of two segregated 31, 1961, which is attributable to an in­ accounted for under Separate Account A, asset accounts, Separate Account C or Sepa­ prior to the reduction provided for under crease or decrease in the current earn­ section 801(g)(5)(A), is 4.25 percent (the rate Account D, For the taxable year 1962, ings rate, shall not be treated as a change investment yield, $34,000, divided by the W had (without regard to section 801(g) (4) of basis in computing reserves for pur­ mean of the assets, $800,000) l The company (A)) realized short-term capital gains of poses of section 806(b) (relating to cer­ retained with respect to such reserves from 5844 PROPOSED RULE MAKING gross Investment Income on Separate- Ac­ the meaning-bf section 805(e). If there was (3) Separate Account B: count A a total of $4,720. The company had other interest paid with respect to Separate Policyholders’ share of 94.444% ($37,400 deductions allowable under section 804(c) Account B that met the requirements of sec­ investment yield. -4-$39,600). with respect to such account of $4,000. Ac­ tion 805(e), however, then such interest Company’s share of in- 5.556%. cordingly, for purposes of section 801(g)(5) would be included under section 805(a)(3) . vestment yield (100% (A) (1), the amount retained by the company Thus, the policy and other contract liability less 94.444%). was $720 (the total amount retained of $4,720 requirement for Separate Account B is $37,400 (g) Thp company’s share of investment less the deductions allowable under section ($34,850+$2,550). ++ yield under section 804 is determined as 804(c) of $4,000). The reduction percentage (e) Company Regular Account. The pol­ follows: for purposes of section 801(g) (5) (A) is 0.09 icy and other contract liability requirement percent (the amount retained of $720 divided with respect to the Company Regular Ac­ count is $6,580,000 (this amount is deter­ Separate Separate by the mean of the life insurance reserves of Company account account $800,000). Therefore, the adjusted reserves mined by the company in the manner pro­ regular A (2.1176 B (5.566 rate and the current earnings rate for pur­ vided by section 805 (and the regulations Investment yield account (30 percent percent poses of section 805(b), and the rate of inter­ thereunder) without regard to either Sepa­ (from item (a)(1)) percent times times rate Account A or Separate Account B). times each each each est assumed for purposes of sections 805(c) amount in amount amount and 809(a)(2) is equal to 4.16 percent (the (f) Policyholders’ share and company’s item (a) (1)) in item in item current earnings rate of 4.25 percent less the share of investment yield—section 804. The (a)(1)) (a)(1)) reduction percentage of 0.09 percent). policyholders’ and company’s sharejs ! in­ The policy and other contract liability re­ vestment yield and taxable investment in­ Interest wholly tax- quirements with respect to Separate Account come are computed as follows: exempt______$30,000 $63.63 $55.56 A is determined as follows: For purposes of Interest—other...... 3,000,000 169.41 833.40 section 805(a) (1) and (2), the amount is (1) Company Regular Account: Dividends received—. 60,000 629.40 1,500.12 Other items of gross $33,280 (the mean of the life insurance re­ Policyholders’ share of 70% ($6,580,000-!- investment income. 30,000 42.36 55.56 serves, $800,000, multiplied by the current investment yield. $9,400,000). earnings rate, as determined under section 3,120,000 804.69 2,444.64 Company’s share of in­ 30%. 244.46 801(g)(5)(A), 4.16 percent). Thus, the vestment yield (100% Less deductions ~ 300,000 84.70 policy and other contract liability require­ Investment yield----- 2,820,000 719.99 2,200.18 ment for Separate Account A is $33,280. less 70%) (d) Separate Account Bi The current (2) Separate Account A: earnings rate determined under section 805 Policyholders’ share of 97.8824% ($33,280 (h) Taxable investment income. The (b) (2) with respect to the items separately investment yield. -7-$34,000). company’s taxable investment income (with­ accounted for under Separate Account B, Company’s share of in­ 2.1176%. out regard to any excess of net long-term prior to the reduction provided for tinder vestment yield (100% capital gain over net short-term capital loss) section 801(g)(5)(A), is 4.40 percent (the less 97.8824%). is determined as follows: investment yield. $39,600 divided by the mean of the assets, $900,000). The company re­ Life insurance company’s share of investment yield ($2,820,000+$719.99 + tained with respect to such reserves from $2,200.18) ------—------$2> 822, 920.17 gross investment income on Separate Ac­ count B a total of $5,720. The company had Company’s share of interest wholly tax-exempt ($30,000+ deductions allowable tinder section 804(c) with respect to such account of $4,400. Ac­ $63.53+ $55.56) ______$30, 119.09 cordingly, for purposes of section 801 (g) (5) 85 percent of company’s share of dividends received (but not to (A) (i) the amount retained by the company exceed 85% of taxable investment income computed without was $1,320 (the total amount retained of regard to this deduction) (85% X $62,029.52) ($60,000+ $5,720 less the deductions allowable under $ 529 .4 0 + $ 1 ,500 .12 ) ------— 52 , 725.09 section 804(c) of $4,400). The reduction cirri nil business deduction (10% of investment yield, $9,473,600, percentage for purposes of section 801(g) (5) not to exceed $25,000)------ft------— 25,000.00 107,844.18 (A) is 0.15 percent (the amount retained of $1,320 divided by the mean of the reserves Taxable investment income. 2, 715,075. 99 based on Separate Account B of $880,000 ($820,000 plus $60,000). Therefore, the ad­ (1) Required interest—section 809(a) (2)— (ii) Other section 810(c) re­ justed reserves rate and the current earnings (1) Separate Account A. The rate of inter­ serves: 4.25% (rate assumed) rate for purposes of section 805(b) , and the est assumed by the company, with respect times $60,000 (mean of reserves rate of interest assumed for purposes of sec­ to Separate Account A is 4.16 percent (see other than life insurance re­ tion 805(c) and 809(a) (2) is equal to 4.25 (c) above). The required interest for pur­ serves) ______— $2, 550. 00 percent (the current earnings rate of 4.40 poses of section 809(a) (2) is determined as percent less the reduction percentage of 0.15 follows: 37, 400. 00 percent). With respect to reserves based on segre­ Life insurance reserves: 4.16% (3) Company Regular Account. The re­ gated asset accounts other than lif e insur­ (rate assumed) times $800,000 quired interest with respect to the Com­ ance reserves, Separate Account B had such (mean of life insurance re­ serves) ______—----$33,280. 00 pany Regular Account is $5,640,000 (this reserves at December 31, 1962, of $120,000. amount is assumed for purposes of this ex­ The mean of such reserves was $60,000. The (2) Separate Account B. The rate of in­ ample but it would be determined by the rate of interest assumed with respect to such terest assumed by the company with respect company in the manner provided by section reserves is 4.25 percent, as computed above. to Separate Account B is 4.25 percent (see 809 without regard to either Separate Ac­ Accordingly, there shall be included as in­ (d) above). The required interest for pur­ terest paid within the meaning of section poses of section 809(a) (2) is determined as count A or Separate Account B). 805(e)(1) the amount of $2,550 (the mean follows: (j) Policyholders’ share and company s of such reserves, $60,000 multiplied by the share of investment yield—section 809. The (i) Life insurance reserves: policyholders’ share and the company’s share rate of interest assumed of 4.25 percent). 4.25% (rate assumed) times The policy and other contract liability re­ $820,000 (mean of life insur­ of investment yield for purposes of section quirements with respect to Separate Account 809 is determined as follows: ___ B is determined as follows: ance reserves)______$34,850.00 (1) For purposes of section 805(a) (1) and (1) Company Regular Account: (2), the amount is $34,850 (the mean of the Policyholders’ share of investment yield------60% ($5,640,000-r-$9,400,000). life insurance reserves, $820,000, multiplied 40%.- by the current earnings rate, as determined Company’s share of investment yield (100 percent— under section 801(g)(5)(A), 4.25 percent). 60%). (2) For purposes of section 805(a) (3), the (2) Separate Account A: Policyholders’ share of investment yield—------97.8824% ($33,280-r-$34,000). amount is $2,550 (the mean of the reserves 2.1176%. based on Separate Account B other than life Company’s share of investment yield (100%—97.8824 insurance reserves $60,000, multiplied by the / percent). (3) Separate Account B: rate of interest assumed, as determined un­ Policyholders’ share of investment yield— . —— ----- 94.444% ($37,400-i-$39,600). der section 801(g) (5) (A), 4.25 percent). It Company’s share of investment yield (100% — 5.556%. has been assumed that there was no other interest paid on Separate Account B within 94.444%). Tuesday, April 27, 1965 FEDERAL REGISTER 5845 (k) The company’s share of investmentas of the close of the taxable year 1962 under tion 805(d) (1) (A ), ( B ) , or (C), and pen­ yield under section 809 is determined as section 810(c) is $1,150,000 ($1,275,000 less sion plan contracts described in section follows: $125,000). However, for purposes of section 805(d) (1) (D ), based on segregated asset 810 (a) and (b), the amount of these re­ serves which is to be taken into account as accounts. Company Separate Separate of the beginning of the taxable year 1963 (h) Additional separate computations. regular account account [Reserved for regulations to be issued account A (2.1176 B (5.556 under section 810(c) is $1,275,000 (the Investment yield (40 percent percent percent amount as of the close of the taxable year under section 801(g) (8).] (from item (a)(1)) times each times times 1962 before reduction of $125,000 for un­ amount each each realized appreciation and realized capital P ar. 4. Section 1.802 is amended by re­ in item amount amount vising section 802(a) (2) and the histori­ (a)(1)) in item in item gains). (a)(1)) (a)(1)) cal note. This amended provision and (3) *(i) Under section 801(g) (6), thehistorical note read as follows: Interest wholly tax- deduction allowable for items described exempt______$40,000 $63.53 $55.56 § 1.802 Statutory provisions; life insur­ Interest—other_____ 4,000,000 169.41 833.40 in section 809(d) (1) and (7) (relating to Dividends received... 80,000 529.40 1,500.12 death benefits and assumption reinsur­ ance companies; tax imposed; life Other items of gross insurance company taxable income investment income. 40,000 42.35 55.56 ance, respectively) with respect to segre­ gated asset accounts shall be reduced to defined.' 4,160,000 804,69 2,444.64 Sec. 802. Tax imposed—(a) Tax imposed— Less deductions.. 400,000 84.70 244.46 the extent* that the amount of such items is increased for the taxable year (1) In general. * * * Investment yield___ 3,760,000 719.99 2,200.18 (2) Alternative tax in case of capital gains. by appreciation (or shall be increased to If for any taxable year beginning after De­ the extent that the amount of such items cember 31, 1961, the net long-term capital (1) Deductions under section 809(d)(8).is decreased for the taxable year by de­ gain of any life insurance company exceeds For purposes of section 809(d)(8), the life preciation) not reflected in adjustments the net short-term capital loss, then, in lieu insurance company’s share of each of such required to be made under subparagraph of the tax imposed by paragraph (1), there items is determined as follows: (1) of this paragraph. is hereby imposed a tax (if such tax is less (1) Wholly tax-exempt interest (ii) The provisions of this subpara­ than the tax imposed by such paragraph) ($40,000+ $63.53+ $55.56)_____ $40,119.09 which shall consist of the sum of— (2) Dividends received 85% x graph may be illustrated by the follow­ (A) A partial tax, computed as provided $82,029.52 ($80,000+$529.40 + ing example :~ by paragraph (1), on the life insurance com­ $1,500.12) (it is assumed for Example: On June 30, 1962, X, a life insur­ pany taxable income determined by reducing purposes of this example that ance company, reinsured a portion' of its in­ the taxable investment income, and the gain this amount does not exceed surance contracts with reserves based on seg­ from operations, by the amount of such ex­ 85% of the gain from opera­ regated asset accounts with Y, a life in­ cess, and tions as computed under sec. surance company, under an agreement where­ (B) An amount equal to 25 percent of 809 (d) (8) (B))------— 69, 725. 09 by Y agreed to assume and become solely such excess. (f) Increases and decreases in re­liable under the contracts reinsured. The ***** serves. (1) Section 801(g) (6) provides reserves on the contracts reinsured by X were [Sec. 802 is amended by sec. 2, Life Insurance $90,000, of which $10,000 was attributable to Company Tax Act 1955 (70 Stat. 38); sec. 2, that for purposes of section 810 (a) and unrealized appreciation in the value of the (b) (relating to adjustments for in­ Life Insurance Company Income Tax Act assets held in relation to such reserves. How­ 1959 (73 Stat. 115); sec. 3, Act of October 23, creases or decreases in certain reserves), ever, no amounts had been added to the re­ 1962 (Public Law 87-858, 76 Stat. 1134) ] the sum of the items described in section serves by reason of the unrealized appreci­ 810(c) and paragraph (b) of § 1.810-2 ation of $10,000 and consequently, the P ar. 5. Section 1.802-2 is amended to taken into account as of the close of the $10,000 was not reflected in adjustments to read as follows: reserves under section 809(g)(6) or sub- taxable year shall be adjusted— paragraph (1) of this paragraph. Under the § 1.802—2 Taxable years affected. (1) By subtracting therefrom the sum reinsurance agreement, X made a payment of of any amounts added from time to time $90,000 in cash to Y for assuming such con­ Section 1.802 (b )-l is applicable only (for the taxable year) to the reserves tracts. Applying the provisions of section to taxable years beginning after Decem­ separately accounted for in accordance 809(d)(7), and assuming no other such re­ ber 31, 1953, and before January 1, with section 801(g)(3) and paragraph insurance transactions by X during the 1955, and all references to sections of (c) of this section by reason of realized taxable year, X would have an allowable de­ part I, subchapter L, chapter 1 of the or unrealized appreciation in value of duction of $90,000 as a result of this pay­ Code are to the Internal Revenue Code the assets held in relation thereto, and ment on June 30, 1962. However, applying of 1954, before amendments. Sections the provisions of section 801(g) (6) and this 1.802-3 through 1.802-5 (other than par­ (ii) By adding thereto the sum of any subparagraph, the actual deduction allowed amounts subtracted from time to time would be $80,000 ($90,000 less $10,000). See agraph (f) (2) of § 1.802-3) are appli­ (for the taxable year) from such reserves section 806(a) and § 1.806-3 for the adjust­ cable only to taxable years beginning by reason of realized or unrealized de­ ments in reserves and assets to be made by after December 31, 1957, and all refer­ preciation in the value of such assets. X and Y as a result of this transaction. For ences to sections of part I, subchapter L, (2) The provisions of subparagraph the treatment by Y of this $90,000 payment, chapter 1 of the Code are to the Internal (1) of this paragraph may be illustrated see section 809(c) (1) and paragraph (a)(1) Revenue Code of 1954, as amended by by the following example: (i) of § 1.809-4. the Life Insurance Company Income Tax Example. Company M, a life insurance (g) Basis of assets held for certainAct of 1959 (73 Stat. 112). Paragraph company issuing only contracts with reserves pension plan contracts. Section 801(g) (f) (2) of § 1.802-3 is applicable only to based on segregated asset accounts as de­ (7) provides that in the case of contracts taxable years beginning after December fined in section 801(g) (1) (B) and paragraph described in section 805(d) (1) (A), (B ), 31, 1961, and all references to sections (a) (2) of this section (other than contracts of part I, subchapter L, chapter 1 of the described in section 805(d) (1) (A), (B), (C), (C), or (D) (relating to the definition of pension plan reserves), the basis of each Code are to the Internal Revenue Code of or (D)), increased its life insurance reserves 1954, as amended by the Life Insurance held with respect to such contracts during asset in a segregated asset account shall the taxable year 1962 by $275,000. Of the (in addition to all other adjustments to Company Income Tax Act of 1959 (73 total increase in the reserves, $100,000 was basis) be (i) increased by the amount of Stat. 112) and section 3 of the Act of attributable to premium receipts, $50,000 to any appreciation in value, and (ii) de­ October 23,1962 (76 Stat. 1134). dividends and interest, $100,000 to unrealized Par. 6. Paragraph (f) of § 1.802-3 is appreciation in the value of the assets held creased by the amount of any deprecia­ in relation to such reserves, and $25,000 to tion in value; but only to the extent that amended to read as follows: such appreciation and depreciation are realized capital gains on the sale of such as­ § 1.802—3 Tax imposed on life insur­ sets. As of the close of the taxable year reflected in the increases and decreases 1962, the reserves held by-company M with in reserves, or other items described in ance companies. respect to all such contracts amounted to section 801(g)(6), with respect to such * * * * ■ * $1,275,000. However, under section 801 (g) (6) contracts. Thus, there shall be no capi­ (f) Tax imposed in case of certain and this subparagraph, this amount must be tal gains tax payable by a life insurance capital gains— (1) Taxable years begin­ reduced by the $100,000 unrealized asset ning after December 31, 1958, and before value appreciation and the $25,000 of realized company on appreciation realized on as­ capital gains. Accordingly, for purposes of sets to the extent sucli appreciation has January 1, 1962. For taxable years be­ section 810 (a) and (b), the amount of these been reflected in reserves for qualified ginning after December 31, 1958, and reserves which is to be taken into account pension plan contracts described in sec­ before January 1, 1962, if the net long- No. 80----- 5 5846 PROPOSED RULE MAKING

term capital gam (as defined in section the amount (If any) by which the net long­ (b> The deduction for partially tax- 1222(7)) of any life insurance company term capital gain exceeds the net short-term exempt interest provided by section 242 exceeds its net short-term capital loss capital loss plus the sum of the life insurance company's share of each and every item of (as modified by section 804(a)(3) and (as defined in section 1222(6)), section investment yield (including tax-exempt In­ subparagraph (2) (I) of this paragraph) 802(a) (2) imposes a separate tax equal terest, partially tax-exempt interest, and computed with respect to the life insur­ to 25 percent of such excess. This dividends received), reduced by— ance company’s share of such interest, separate 25 percent tax rate applies (A) The sum of— (c) The deductions for dividends re­ whether or not there is life insurance (i) The life insurance company’s share of ceived provided by sections 243, 244, and company taxable income, taxable invest­ interest which under section 103 is excluded 245 (as modified by section 804(a) (5) ment income, or a gain or loss from op­ from gross income, and subparagraph (2) (ii) of this para­ erations for the taxable year. For tax­ (ii) The deduction for partially tax- exempt interest provided by section 242 (as graph) computed with respect to the life able years beginning after December 31, modified by paragraph (3)) computed with insurance company’s share of the div­ 1958, and before January 1,1962, only the respect to the life Insurance company’s share idends received, and excess (if any) of net short-term capital of such interest, and ( The small business deduction pro­ gain (as defined in section 1222(5)) over (iii) The deductions for dividends re­ vided by section 804 (aK4). For pur­ net long-term capital loss (as defined in ceived provided by sections 243, 244, 245 (as poses of part I, such small business de­ section 1222(8)) shall be taken into ac­ modified by paragraph (5) ) computed with duction shall be an amount equal to 10 count in computing taxable Investment respect to the life insurance company’s share percent of the investment yield for the income and gain or loss from operations. of the dividends received; and (B) The small business deduction pro­ taxable year (but not to exceed $25,000). See sections 804(b) and 809(b). Exeept vided by paragraph (4). (ii) Taxable years beginning after as modified by section 817 (rules relating December 31, 1961. For taxable years to certain gains and losses), the general For purposes of the preceding sentence; the beginning after December 31, 1961, sec­ rules of the Code relating to gains and life insurance company’s share of any item shall be that percentage which, when added tion 804(a) (2) defines the term “taxable losses (such as the rules for determining to the percentage obtained under the second investment income”, for purposes of part the amount, characterization, and treat­ sentence of paragraph (1), equals 100 I, as an amount (not less than zero) ment thereof) shall apply with respect percent. equal to the amount (if any) by which to life insurance companies. ***** the net long-term capital gain exceeds (2) Alternative tax in case of capital[Sec. 804 as added by sec. 2, Life Insurance the net short-term capital loss, plus the gains for taxable years beginning after Company Tax Act 1955 (70 Stat. 41) ; amend­ sum of the life insurance company’s December 31, 1961. For taxable years ed by sec. 2, Life Insurance Company In­ share (as determined under paragraph beginning after December 31, 1961, if come Tax Act 1959 (73 Stat. 115); sec. 3, (c) of this section) of each and every the net long-term capital gain (as. de­ Act of October 23, 1962 (Public Law 87-858, 76 Stat. 1134)] item of investment yield (including tax- fined in section 1222(7)) of any life in­ exempt interest, partially tax-exempt in­ surance company exceeds its net short­ P ar. 8. Section 1.804-1 is amended to terest, and dividends received), reduced term capital loss (as defined in section read as follows: by the sum of the items specified in sub­ 1222(6)), section 802(a)(2) imposes an division (i) (a) through (d) of this alternative tax in lieu of the tax imposed § 1.804—1 Taxable years affected. subparagraph. by section 802(a) (1), if and only if such Sections 1.804-2 through 1.804-4 (other alternative tax is less than the tax im­ P ar. 10. Section 1.805 is amended by than paragraph (d)(1) of § 1.804-2) revising section 805(d)(1) and the his­ posed by section 802(a)(1) . The alter­ are applicable only to taxable years be­ native tax is the sum of (i) a partial tax, torical note. This amended provision ginning after December 31, 1957, and all and historical note read as follows: computed as provided by section 802(a) references to sections of part I, sub­ (1), on the life insurance company tax­ chapter L, chapter 1 of the Code are § 17805 Statutory provisions; life insur­ able income determined by reducing the to the Internal Revenue Code of 1954, as ance companies; policy and other taxable investment income, and the gain amended by the Life Insurance Com­ contract liability requirements. from operations, by the amount of the pany Income Tax Act of 1959 (73 Stat. Sec. 805. Policy and other contract liabil­ excess of its net long-term capital gain 112) . Paragraph (d)(1) (ii) of § 1.804-2 ity requirements. over its net short-term capital loss, and is applicable only to taxable years be­ • * * * * (ii) an amount equal to 25 percent of ginning after December 31, 1961, and all (d> Pension plan reserves—(1) Pension such excess. In the computation of the references to sections of part I, subchap­ plan reserves defined, f * * partial tax, the deductions provided by ter L, chapter 1 of the Code are to the (A) * * * sections 170 (as modified by section 809 Internal Revenue Code of 1954, as (B) Purchased under contracts entered (e)(3 )), 243, 244, 245 (as modified by amended by the Life Insurance Company into under plans which (as of the time the sections 804(a) (5) and 809(d)(8)(B)), contracts were entered into) were deemed Income Tax Act of 1959 (73 Stat. 112) to be plans described in section 403(a), or and the limitation provided by section and section 3 of the Act of October 23, plans meeting the requirements of section 809(f), shall not be recomputed as a 1962 (Public Law 87-858, 76 Stat. 1134). 265(a) (3), (4), (5), and (6) of the Internal result of the reduction of taxable in­ P ar. 9. Paragraph (d) (1) of § 1.804-2 Revenue Code of 1939; vestment income, and gain from oper­ (C) Provided for employees of the life ations, by the amount of such excess. is amended to read as follows; insurance company under a plan which, for Except as modified by section 817 (rules § 1.804—2 Taxable investment income. the taxable year, meets the requirements of section 401(a) (3), (4), (5), (6), (7), and relating to certain gains and losses), the * * * “ * * ■ general rules of the Code relating to (8 )); gains and losses (such as the rules for (d) Taxable investment income of a * * * * * V. determining the amount, characteriza­ life insurance company—(1) Definition. [Sec. 805 as amended by sec. 2, L i f e Insurance tion, and treatment thereof) shall apply (i) Taxable years beginning after Decem­ Company Tax Act 1955 (70 Stat. 43); see. 2, with respect to life insurance companies. ber 31,1957, and before January 1, 1962, Life Insurance Company Income Tax Act For taxable years beginning after De­ 1959 ( 73 Stat. 118) ; sec. 7, Self-Employed In­ P ar. 7. Section 1.804 is amended by re­ cember 31, 1957, and before January 1, dividuals Tax Retirement Act 1962 (76 Stat^ vising section 804(a) (2) and the histor­ 1962, section 804(a) (2) defines the term 828)J ical note. This amended provision and “taxable investment income”, for pur­ P ar. II. Section 1.805-3 is amended to historical note read as follows: poses of part I, subchapter L, chapter 1 read as follows: of the Code, as an amount (not less than § 1.804 Statutory provisions; life insur­ zero) equal to the sum of the life insur­ § 1.805—3 Taxable years affected. ance companies; taxable investment ance company’s share (as determined in Sections 1.805-1 and 1.805-2 are ap­ incom e. paragraph (c) of this section) of each plicable only to taxable years beginning Sec. 804. Taxable investment income.— {a.) and every item of investment yield (in­ after December 31,1953, and before Jan­ In general—(1) Exclusion of policyholders’ cluding tax-exempt interest, partially uary 1, 1955, and all references to sec­ share of investment yield. * * * , tax-exempt interest, and dividends re­ tions of part I, subchapter L, chapter 1 (2) Taxable investment income defined. ceived) , reduced by the sum, of— of the Code are to the Internal Revenue For purposes of this part, the taxable invest­ (a) The life insurance company’sCode of 1954, before amendments. Sec­ ment income for any taxable year shall be share of interest which under section 103 tions 1.805-4 through 1.805-8, except as an amount (not less than zero) equal to is excluded from gross income, otherwise provided therein, are applica- Tuesday, April 27, 1965 FEDERAL REGISTER 5847 ble only to taxable years beginning after (A) The life insurance company’s share of and paragraphs (a) and (b) of § 1.809-3, December 31, 1957, and all references to each and every item of investment yield respectively). The life insurance com­ (including tax-exempt interest, partially sections of part I, subchapter L, chapter tax-exempt interest, and dividends received); pany shall then add its share of each 1 of the Code are to the Internal Revenue (B) The amount (if any) by which the net and every item of its investment yield Code of 1954, as amended by the Life long-term capital gain exceeds the net short­ to the sum of the items comprising gross Insurance Company Income Tax Act of term capital loss; and amount (as described in section 8Q9(c) 1959 (73 Stat. 112) and the, Sell-Em­ (C) The sum of the items referred to in and paragraph (a) of § 1.809-4). In ad­ ployed Individuals Tax Retirement Act subsection (c). dition, the life insurance company shall, of 1962 (76 Stat. 809). ***** for taxable years beginning after Decem­ ber 31, 1961, add the amount (if any) P ar. 12. Paragraph (b) of § 1.805-7 is (d) Deductions. For purposes of subsec­ tions (b) (1) and (2), there shall be allowed by which its net long-term capital gain amended by revising subparagraphs (2) the following deductions: and (3). These amended provisions exceeds its net short-term loss. From read as follows: * * * * * the sum so computed (which includes the (6) Certain accident and health insurance capital gains item only for taxable years § 1.805—7 Pension plan reserves. and group life insurance. An amount equal beginning after December 31,1961) there ♦ * * * * to 2 percent of the premiums for the taxable shall then be subtracted the deductions year attributable to accident and health in­ provided in section 809(d) and para­ (b) Pension plan reserves de­surance contracts (other than those to graph (a) of § 1.809-5 of this chapter. fined. * * * which paragraph (5) applies) and group life insurance contracts. The deduction under The amount thus obtained is the gain or (2) Purchased under contracts en­ loss from operations for the taxable year. tered into under plans which (as of the this paragraph for the taxable year and all preceding taxable years shall not exceed an P ar. 16. Paragraphs (a) and (b) of time the contracts were entered into) amount equal to 50 percent of the premiums were deemed to be plans— for the taxable year attributable to such § 1.809-3 are amended to read as follows: (i) Meeting the requirements of sec­ contracts. § 1.809—3 Cain and loss from opera­ tion 165(a) (3),X (4), (5), and (6) of $ * * $ * tions defined. the Internal Revenue Code of 1939, for (f) Limitation on certain deductions. * * * (a) Gain from operations. For pur­ taxable years beginning before January (2) Application of limitation. The limita­ 1, 1954, and ending before August 17, poses of part I, subchapter L, chapter 1 tion provided by paragraph (1) shall apply of the Code, section 809(b) (1) defines 1954, or first to the amount of the deduction under (ii) Described in section 403(a) of the subsection (d)(3), then to the amount of the term “gain from operations” as the Internal Revenue Code of 1954; the deduction under subsection (d)(6), and excess of the sum of (1) the life insur­ (3) Provided for employees of the life finally to the amount of the deduction under ance company’s share of each and every insurance company under a plan which subsection (d) (5). item of investment yield (including tax- for the taxable year— * * * * * exempt interest, partially tax-exempt in­ (1) Meets the requirements of section [Sec. 809 as added by sec. 2, Life Insur­ terest, and dividends received), (2) the 401(a) (3), (4), (5), and (6), of the In­ ance Company Income Tax Act 1959 (73 items of gross amount taken into ac­ ternal Revenue Code of 1954 before Stat. 121); amended by sec. 2, Act of June count under section 809(c) and para­ amendment, if such taxable year begins 27, 1961 (Public Law 87-59, 75 Stat. 120); graph (a) of § 1.809-4, and (3) for tax­ before January 1, 1963, and sec. 3, Act of October 10, 1962 (Public Law able years beginning after December 31, 87-790, 76 Stat. 808); sec. 3, Act of October 1961, the amount (if any) by which the (ii) Meets the requirements of section 23, 1962 (Public Law 87-858, 76 Stat. 1134) ] 401(a) (3), (4), (5), (6), (7), and (8) of net long-term capital gain exceeds the the Internal Revenue 'Code of 1954 as P ar. 14. Section 1.809-1 is amended to net short-term capital loss, over the sum amended by section 2 of the Self-Em­ read as follows: of the deductions provided by section 809(d) and § 1.809-5. ployed Individuals Tax Retirement Act § 1.809—1 Taxable years affected. of 1962 (76 Stat. 809), if such taxable (b) Loss from operations. For pur­ year begins after December 31, 1962. Sections 1.809-2 through 1.809-8, ex­ poses of part I, section 809(b) (2) defines (For purposes of subparagraph (3) of cept as otherwise provided therein, are the term “loss from operations” as the this paragraph, the term “employees” in­ applicable only to taxable years begin­ excess of the sum of the deductions pro­ cludes full-time life insurance salesmen ning after December 31, 1957, and all vided by section 809(d) and § 1.809-5 treated as employees under section 7701 references to sections of part I, subchap­ over the sum of (1) the life insurance (a)(20)); or ter L, chapter 1 of the Code are to the company’s share of each and every item Internal Revenue Code of 1954, as of investment yield (including tax-ex­ P ar. 13. Section 1.809 is amended by amended by the Life Insurance Com­ empt interest, partially tax-exempt in­ revising section 809(b) (1) and (2), by pany Income Tax Act of 1959 (73 Stat. terest, and dividends received), (2) the revising the heading and first sentence of 112), the Act of June 27, 1961 (75 Stat. items of gross amount taken into account section 809(d)(6), by revising section 120), the Act of O6tober 10, 1962 (76 under section 809(c) and paragraph (a) 809(f) (2), and by revising the historical Stat. 808), and the Act of October 23, of § 1.809-4, and (3) for taxable years note. These amended provisions and 1962 (76 Stat. 1134). beginning after December 31, 1961, the historical note read as follows: amount (if any) by which the net long­ P ar. 15. Paragraph (a) of § 1.809-2 is term capital gain exceeds the net short­ § 1.809 Statutory provisions; life insur­ amended to read as follows: ance companies; in general. term capital loss. § 1.809—2 Exclusion of share of invest­ Sec. 809. In general. * * * ment yield set aside for policy­ Par. 17. Section 1.809-4 is amended by (b) Gain and loss from operations— (1) holders. revising paragraph (a), and by revising Gain from operations defined. For purposes paragraph (b) and the heading thereof. of this part, the term “gain from operations’’ (a) In general. Section 809 provides These amended provisions read as fol­ means the amount by which the sum of the the rules for determining the gain or loss lows: following exceeds the deductions provided by from operations of a life insurance com­ subsection (d); pany, which amount is necessary to de­ § 1.809—4 Cross amount. (A) The life insurance company’s share of each and every item of investment yield termine life insurance company taxable (a) Items taken into account. For (including tax-exempt interest, partially income. In order to determine gain or purposes of determining gain or loss tax-exempt interest, and dividends received); loss from operations, a life insurance from operations under section 809(b) (B) The amount (if any) by which the net company must first determine the share (1) and (2), respectively, section 809(c) long-term capital gain exceeds the net of each and every item o t its investment specifies three categories of items which short-term capital loss; and yield (as defined in section 804(c) and shall be taken into account. Such items (C) The sum of the items referred to in paragraph (a) of § 1.804-4) set aside for are in addition to the life insurance com­ subsection (c). (2) Loss from operations defined. For policyholders (as computed under sec­ pany’s share of the investment yield (as purposes of this part, the term “loss from tion 809(a)(1) and paragraph (b) of determined under section 809(a) (1) and operations’^ means the amount by which this section), as this share is excluded paragraph (c) of § 1.809-2), and the the sum of the deductions provided by sub­ from gain or loss from operations (as amount (if any) by which the net long­ section (d) exceeds the sum of— defined in section 809(b) (1) and (2) term capital gain exceeds the net short- 5848 PROPOSED RULE MAKING term capital loss (such capital gains tributable to such contracts for the tax­ (2) For taxable years beginning after item is included in determining gain or able year. For example, assume that December 31,1961, the limitation shall be loss from operations only for taxable premiums attributable to group life in­ applied in the following order: years beginning after December 31,1961). surance and group accident and health (i) First to the amount of the deduc­ The additional three categories of items insurance contracts are $103,000 for the tion under section 809(d) (3); taken into account are: taxable year 1962. Assume further that (ii) Then to the amount of the deduc­ * * *► * * there are $3,000 of return premiums at­ tion under section 809(d)(6); and (b) Treatment of net long-term capi­ tributable to such contracts for the tax­ (iii) Finally to the amount of the de­ tal gains. For taxable years beginning able year. Under the provisions of sec­ duction under section 809(d) (5). before January 1, 1962, any net long­ tion 809(d) (6) and this subparagraph, a Thus, for taxable years beginning after term capital gains (as defined in section deduction (determined without regard to December 31, 1961, the limitation and 1222(7)) from the sale or exchange of a section 809(f) of $2,000 (2 percent of priority system would operate first to dis­ capital asset (or any gain considered to $100,000 ($103,000—$3,000) ) is allowed. allow a deduction under section 809(d) be from the sale or exchange of a capital Assuming that the company continues (5), then a deduction under section 809 asset under applicable law) shall be ex­ to receive net premiums of $100,000 at­ (d) (6), and finally a deduction under cluded from the determination of gain tributable to such contracts for 15 years, section 809(d) (3). For purposes of ap­ or loss from operations of a life insurance the cumulative amount of these deduc­ plying the 50 percent limitation con­ company. On the other hand, with re­ tions is $30,000 ($2,000 for 15 years). If, tained in section 809(d) (6) with respect spect to taxable years beginning after in the sixteenth year, net premiums at­ to a taxable year beginning after De­ December 31, 1961, the amount (if any) tributable to such contracts amount to cember 31, 1961, the amount of the de­ by which the net long-term capital gain $60,000, no deduction shall be allowed ductions for taxable years beginning be­ exceeds the net short-term capital loss under section 809(d) (6) and this sub- fore January 1,1962, shall be determined (as defined in section 1222(6)) shall be paragraph since the cumulative amount by applying the priority system con­ taken into account determining gain or of these deductions ($30,000) equals 50 tained in subparagraph (1) of this loss from operations under section 809. percent of the current year’s premiums paragraph. However, for any taxable year beginning - ($60,000) from such contracts. (c) Illustration of principles.. The after December 31, 1958, the excess of P ar. 19. Paragraphs (b) and (c) of operation of the limitation and priority net short-term capital gain (as defined § 1.809-7 are amended to read as follows: system provided by section 809(f) and In section 1222(5)) over net long-term this section may be illustrated by the capital loss (as defined in section 1222 § 1.809—7 Limitation on certain deduc­ following examples: tions. (8)) is included in computing investment E x a m p le (1 ). Assume the following facts yield (as defined in section 804(c)) and, * * * * * with respect to M, a life insurance company, to that extent, is taken into account in (b) Application of limitation. Sec­ for the taxable year 1958: determining gain or loss from operations tion 809(f) (2) provides a priority sys­ Gain from operations computed under section 809. tem for applying the limitation contained without regard to the deduc­ Par. 18. Section 1.809-5 is amended by in section 809(f) (1) and paragraph (a) tions under sec. 809(d) (3), revising the heading of paragraph (a) (6) of this section. Under this priority sys­ (5 ) , and (6 )______$100,000,000 and by revising paragraph (a) (6) (i). tem, the limitation shall be applied in the Taxable investment income__ 83, 000, 000 These amended provisions read as fol­ following order— Tentative deduction for group ( 1 ) For taxable years beginning before life, accident, and health in­ lows: surance under sec. 809(d) January 1,1962: (6) ______4,000,000 § 1.809—5 Deduction. (i) First to the amount of the deduc­ Tentative deduction for certain (а) Deductions allowed. Section 809 tion under section 809(d) (6) (relating to nonparticipating, contracts (d) provides the following deductions for group life, accident, and health insur­ under sec. 809(d) (5 )______6,000,000 purposes of determining gain or loss from ance) ; Tentative deduction for div­ (ii) Then to the amount of the deduc­ idends to policyholders un­ operations under section 809(b) (1) and der sec. 809(d)(3)------10,000,000 (2), respectively: tion under section 809(d) (5) (relating to ♦ * * * certain nonparticipating contracts) ; and In order to determine the limitation on the (iii) Finally to the amount of the de­ deductions under section 809(d) (3), (5), and (б) Certain accident and health in­ duction under section 809(d)(3) (relat­ (6), M would make up the following sched­ surance and group life insurance, (i) ing to dividends to policyholders). ule: For taxable years beginning before Jan­ uary 1, 1963, an amount equal to two percent of the premiums for the taxable (1) Statutory amount provided Under sec. 809(f) (1)______$250,000 year attributable to group life insurance (2) Gain from operations computed without regard to the deduc­ contracts, gfoup accident and health in­ tions under sec. 809(d) (3), (5), and (6)______$100,000,000 surance contracts, or group accident and (3) Taxable investment income______83,000,000 health insurance contracts with a life feature. For taxable years beginning (4) Excess of item (2) over item (3)___.______— ------^------17,000,000 after December 31, 1962, the deduction shall be an amount equal to two percent (5) Limitation on deductions under sec. 809(d) (3), (5), and (6) (item (1) of the premiums for the taxable year at­ plus item (4))------17,250,000 tributable to group life insurance con­ Since the total tentative deductions under section 809(d) (3), (5), and (6) ($20,000,000) tracts, accident and health insurance exceeds the limitation on such deductions ($17,250,000) , M would make up the following contracts (other than those to which sec­ schedule to determine the application of the priority system: tion 809(d) (5) applies), or accident and (6) Aia-srinrmm possible deduction under sec. 809(d) (3), (5), and (6) (item health insurance contracts with a life (5) ) ______$17,250,000 feature (other than those to which sec­ (7) Deduction for group life, accident, and health insurance under sec. 809(d) tion 809(d) (5) applies). For purposes (6) (not in excess of item (6))______4, 000,000 of section 809(d) (6) and this subpara­ graph, the term “premiums” means the (8) Maximum possible deduction under sec. 809(d) (5) (item (6) less item net amount of the premiums and other > 13,250,000 consideration attributable to such con­ (9) Deduction for certain non participating contracts under sec. 809(d) (5) tracts taken into account under section (not in excess of item (8))------1------6,000,00 809(c)(1). The deduction allowed by section 809(d) (6) and this subparagraph (10) Maximum possible deduction under sec. 809(d)(3) (item (8) less item for the taxable year and all preceding (9))_ 7,250,000 taxable years shall not exceed 50 percent (11) Deduction for dividends to policyholders under sec. 809(d)(3) (not in of the net amount of the premiums at­ excess of item (10) ) - — ------~ ------7, 250,000 Tuesday, April 27, 1965 FEDERAL REGISTER 5849 Thus, as a result of the application of the applicable only to taxable years begin­ Par. 24. Section 1.815-1 is amended to limitation and priority system for the tax­ ning after December 31, 1957, and all read as follows: able year 1958, M shall be allowed a deduction references to sections of part I, subchap­ § 1.815—1 Taxable years affected. of $4,000,000 under section 809(d)(6), ter L, chapter 1 of the Code are to the $6,000,000 under section 809(d), (5)., and only Internal Revenue Code of 1954, as Sections 1.815-2 through 1.815-6, ex­ $7,250,000 of the $10,000,000 tentative deduc­ cept as otherwise provided therein, are tion under section 809(d) (3). amended by the Life Insurance Com­ Example (2). The facts are the same as in pany Income Tax Act of 1959: (73 Stat. applicable only to taxable years begin­ example (1), except that the taxable year is 112) and the Act of October 23, 1962 (76 ning after December 31,1957, and all ref­ 1962, Since the total tentative deductions Stat. 1134). erences to sections of part I, subchapter under section 809(d) (3), (5), and (6) L, chapter 1 of the Code are to the Inter­ ($20,000,000) exceeds the limitation on such P ar. 22. Paragraph (b) (2) of § 1.812-6 nal Revenue Code of 1954, as amended by deductions ($17,250,000), M would make up is amended to read as follows : the Life Insurance Company Income Tax the following schedule to determine the ap­ Act of 1959 (73 Stat. 112), the Act of plication of the priority system: § 1.812—6 Rules relating to new com­ panies. October 10, 1962 (76 Stat. 808), and the (1) Maximum possible deduc­ * * * * * Act of October 23, 1962 (76 Stat. 11341. tions under sec. 809(d) (3), (5), and (6) (item (5) in (b) Limitations on 8-year carry­ Par. 25. Paragraphs (b) (3) and (c) example (1))_-______$17,250,000 over. * * * Cl) (ii) of § 1.815-4 are amended to read (2) Deduction for dividends to (2) Section 812(e) (2) (B) defines theas follows: policyholders under sec. 809 term “nonqualified corporation” for pur­ §1.815—4 Policyholders surplus ac­ (d) (3)' (not in excess of item poses of section 812(e) (2) (A) as any i t )) ______10, 000,000 count. / corporation connected through stock * * ♦ ♦ * (3) Maximum possible deduc­ ownership with any other corporation tion under sec. 809(d)(6) (except a corporation taxable under part (b) Additions to policyholders surplus (item (1) less item (2))____ 7,250,000 II or part in, subchapter L, chapter 1 account. * * * (4) Deduction for certain acci­ of the Code) where either of such cor­ (3) The deduction allowed or allow­ dent, health, and group life porations possesses at least 50 percent of able under section 809(d) (6) (as limited insurance under sec. 809(d) the total combined voting power of all by section 809(f)) for taxable years be­ (6) (not in excess of item classes of stock entitled to vote of the ginning before January 1,1963, for group ( 3 j ) ______4, 000,000 other corporation. Such definition shall life and group accident and health insur­ ance contracts, and for taxable years be­ (5) M a x im u m possible deduc­ apply with respect to all taxable years tion under sec. 809(d)(5) beginning after December 31, 1954, ex­ ginning after December 31, 1962, for (item (4) less item (5))___ 3,250, 000 cept that in the case of a nonqualified accident and health insurance and group (6) Deduction for certain non­ corporation, as defined in section 812 life insurance contracts. participating contracts under (e) (2) (B) prior to its amendment by (c) Subtractions from policyholders sec. 809(d)(5) (not in excess section 3(d) of the Act of October 23, surplus account. (1) * * * of item (5))______3,250,000 1962 (76 Stat. 1137), a loss from opera­ (ii) The amount (determined without Thus, as a result of the application of the tions for a taxable year beginning in 1955 regard to section 802(a) (3)) by which limitation and priority system for the tax­ shall not be an operations loss carryover the tax imposed for taxable years begin­ able year 1962, M shall be allowed a deduc­ to the taxable year 1961, and there shall ning before January 1, 1962, by section tion of $10,000,000 under section 809(d) (3), be no reduction in the portion of such 802(a) (1), and for taxable years begin­ $4,000,000 under section 809(d) (6), and only ning after December 31, 1961, by section $3,250,000 of the tentative $6,000,000 tenta­ loss from operations which may be car­ tive deduction under section 809(d) (5). ried to the taxable year 1962 or 1963 by 802(a), is increased by reason of section reason of an offset (as defined in section 802(h)(3). P ar. 20. Section 1.812 is amended by 812(d) and paragraph (a) of § 1.812-5) [F.R. Doc. 65-4261; Filed, Apr. 26, 1965; revising section 812(e) (2) (B) and the with respeet to the taxable year 1961. 1 8:45 a.m.] historical note. This amended provision For purposes of the first sentence of this and historical note read as follows: subparagraph, a corporation shall be § 1.812 Statutory provisions; life insur­ treated as becoming a nonqualified cor­ ance companies; operations loss de­ poration at any time it becomes a party DEPARTMENT OF THE INTERIOR duction. to a reorganization other than a reor­ Bureau of Indian Affairs S e c . 812. Operations loss deduction. * * * ganization described in section 368(a) (1) (e) Rules relating to new companies. * * * (E) or (F ). [25 CFR Part 1671 (2) Limitations on 8-year carryover. * * * P ar. 23. Section 1.815 is amended by (B) Nonqualified corporation defined. For ROADLESS AREA ON INDIAN purposes of subparagraph (A), the term, revising sections 815(c) (2) (C) and “nonqualified corporation” means any corpo­ (3) (B) and by revising the historical RESERVATIONS ration connected through stock ownership note. These amended provisions and his­ with any other corporation (except a corpo­ torical note read as follows: Notice of Proposed Rule Making ration taxable under part II or part III of this subchapter), if either of such corpora­ § 1.815 Statutory provisions; life insur­ Basis and purpose. Notice is hereby tions possesses at least 50 percent of the vot­ ance companies; distributions to given that pursuant; to the authority ing power of all classes of stock of the other shareholders. vested in the Secretary of the Interior by such corporation. For purposes of subpara­ Sec.- 815. Distribution to shareholders— section 161 of the Revised Statutes (5 graph (A), a corporation shall be treated as U.S.C. 22), it is proposed to amend 25 becoming a nonqualified corporation at any * * * * * CFR Part 163 as Set forth below. The time at which it becomes a party to a re­ (c) Policyholders surplus account. * * * purpose of the amendment is to exclude organization (other than a reorganization (2) Additions to account. * * * which is not described in any subparagraph (C) The deduction for accident and healththe 115,000 acres on the Ute Mountain of section 368(a) (1) other than subpara­ insurance and group life insurance contracts Reservation known as the Mesa Verde graphs (E) and (F) thereof). provided by section 809(d) (6) (as limited by Roadless Area from the list of roadless ***** section 809(f)). areas heretofore set forth in § 163.1 of (3) Subtractions from account. * * * Title 25, CFR. The tribe has requested [Sec. 812 as added by sec. 2, Life Insurance (B) The amount (determined without re­ Company Tax Act 1955 (70 Stat. 45) ; the elimination of the area to facilitate gard to section 802(a) (3)) by which the tax the economic development of the area. amended by sec. 2, Life Insurance Company imposed for the taxable year by section 802 Income Tax Act 1959 ( 73 Stat. 127) ; sec. 3, It is the policy of the Department of Act of October 23, 1962 (Public Law 87-858, (a) is increased by reason of section 802 the Interior, whenever practicable, to af­ 76 Stat. 1134)1 (h)(3). * * * * * ford the public an opportunity to partici­ pate in the rulemaking process. Accord­ P ar. 21. Section 1.812-1 is amended [Sec. 815 as added by sec. 2, Life Insurance to read as follows: ingly, interested persons may submit Company Income Tax Act of 1959 (73 Stat. written comments, suggestions, or objec­ § 1.812—1 Taxable years affected. 129); amended by sec. 3, Act of October 10, 1962 (Public Law 87-790, 76 Stat. 808); sec. tions with, respect to the proposed Sections 1.812-2 through 1.812-8, ex­ 3(b), Act of October 23, 1962 (Public Law amendments to the Bureau of Indian Af­ cept as otherwise provided therein, are 87-858, 76 Stat. 1136)] fairs, Washington, 20240, within 30 days 5850 PROPOSED RULE MAKING of the date of publication of this notice ments of fire protection, commercial use ifications and tolerances are fully set in the F ederal R e g is t e r . for the Indians’ benefit or actual needs forth in the individual standards for (R.S. 161; 5 U.S.C. 22) of the Indians clearly demand otherwise. each kind of nut. (b) Foot trails and horse trails are Among the comments received from JonfN A. Carver, Jr., not barred. The Superintendent of the industry members were requests that the Under Secretary Wind River Reservation on which this maximum percentages of filberts and of the Interior. roadless area has been established will walnuts in the U.S. No. 1 Large and U.S. April 20, Î965. be held strictly accountable for seeing No. 1 Medium grades be increased. Ob­ that the area is maintained in a roadless jections were raised to permitting a 1. Section 163.1 is amended to providecondition. Elimination of this area or larger percentage of Brazil nuts than of for the elimination of the Mesa Verde any part thereof from the restriction of other nuts in the mixture. There were roadless area and to read as follows; this order will be made only upon a writ­ also objections to the proposed minimum § 163.1 Definition of roadless area. ten showing of an actual and controlling and maximum percentages for different A roadless area has been defined as one need. kinds of nuts because of varying regional which contains no provision for the pas­ Cross R eference:- For rights-of-way for preferences and the possibility of sea­ sage of motorized transportation and highways over Indian lands, see Part 161 of sonal shortages which might necessitate which is at least 100,000 acres in extent. this chapter. changing the proportions in the mixture. Under this definition the Secretary of the [F. R. Doc. 65-4356; Filed, Apr. 26, 1965; It was recommended that the same mini­ Interior ordered (3 F.R. 609, Mar. 22, 8:47 a.m.) mum and maximum percentages apply 1938) certain roadless areas established to each kind of nut for the same grade. on Indian reservations. The following is Also, upon study of the proposal, it was the only presently existing roadless area: found that changes should be made in DEPARTMENT OF AGRICULTURE certain of the minimum sizes which would be specified for filberts and pecans. Approxi- Consumer and Marketing Service Name of area Reservation State mate acre­ In addition to the changes recom­ age [ 7 CFR Part 51 ] mended by the industry, the name U.S. Select Mixed would be changed to U.S. Wind River Re- Shoe- Wyom- 180,387 MIXED NUTS IN THE SHELL1 Commercial Mixed. Industry represent­ serve. shone. ing. Proposed Standards for Grades atives have shown a preference for the term “Select”.- However, it is the view (a) The boundaries of the Wind River Notice is hereby given that the U.S. of the Department that the term “Se­ Reserve roadless area are as follows: Department of Agriculture is considering lect” as used for this grade would be the issuance of- United States Stand­ Wind R iver Meridian, Wyo. misleading to the consumer in relation ards for Mixed Nuts in the Shell pur­ to the other grades. It is believed that Starting at the SW corner of sec. 22, T. 2 S., suant to the Agricultural Marketing Act its use in these grade standards would R. 3 W., on the south boundary of the Wind of 1946 (60 Stat. 1087, as amended; 7 River Indian Reservation, thence north six be undesirable. (6) miles to the NE corner of sec. 28, T. 1 S., U.S.C. 1621-1627). In view of the recommendations re­ R. 3 W., thence west three (3) miles to the All persons^who desire to submit writ­ ceived, the following other changes are SW corner of sec. 19, T. 1 S., R. 3 W„ thence ten data, views or arguments for con­ made in the proposal: north four (4) miles along range line to the sideration in connection with the pro­ (1) In the U.S. No. 1 Large Mixed and Wind River Base Line, thence west one (1) posed standards should file the same in U.S. No. 1 Medium Mixed grades a mini­ mile along Wind River Base Line to the SW duplicate, not later than June 1, 1965, mum of 10 percent and a maximum of corner of sec. 36, T. 1 N., R. 4 W., thence north with the Hearing Clerk, U.S. Depart­ six (6) miles to the NW corner of sec. 1, T. 1 40 percent would be allowed for each N., R. 4 W., thence west five (5) miles along ment of Agriculture, Room 112, Admin­ kind of nut in the mixture. township line to the NE corner of sec. 1, istration Building, Washington, D.C., (2) Minimum size for pecans in U.S. T. 1 N., R. 5 W., thence north four and one- 20250, where they will be available for No. 1 Large Mixed would be extra large half (4%) miles along range line to the NE public inspection during official hours of instead of large. corner of the SE% of sec. 12, T. 2 N., R. 5 W., business (Paragraph (b) of 7 CFR 1.27, (3) Minimum size for filberts and pe­ thence west one and one-half (1 y2) miles to as amended at 29 F.R. 7311). cans in U.S. No. 1 Medium Mixed would the center of sec. 11, T. 2 N., R. 5 W., thence Statement of considerations leading to on a straight line in a northwesterly direction be large instead of medium. to the top of Bold Mountain, thence on a the proposed issuance of the grade stand­ (4) Minimum size for filberts and pe­ straight line to the SE corner of sec. 35, T. 4 ards. The Consumer and Marketing cans in U.S. Commercial Mixed would be N., R. 6 W., thence west one (1) mile along Service made preliminary studies in the medium instead of small. township line to the SW corner of sec. 35, development of these proposed stand­ It is believed that these standards T. 4 N„ R. 6 W., thence north two (2) miles ards at the request of packers of mixed would serve as a useful basis for trans­ to the NW corner of sec. 26, T. 4 N., R. 6 W., nuts. actions between buyers and sellers, and thence on a straight line in a northwesterly The industry, as well as the consumer, direction to the point where the north line that the mixed nut industry would benefit of sec. 15, T. 4 N., R. 6 W. intersects the west has long been confused by the various from their use. The consumer would boundary of the reservation, thence south, terms used in describing packages of also be aided in selective buying if the southeasterly and east along the reservation mixed nuts. Their main interest is in grade markings are placed on the indi­ boundary to point of beginning. the development of standard terminology vidual packages. for describing quality, size and percent­ 2. Section 163.3 is amended to make All interested persons are urged to give ages of the different kinds of nuts in the careful consideration to these proposed the section applicable only to the Wind mixture. U.S. Standards for Mixed River Reserve roadless area and reads Nuts would also serve as a point of refer­ standards, and to make recommenda­ as follows: ence for Federal Specifications for Mixed tions concerning them within the period § 163.3 Roads prohibited. Nuts in.the Shell. provided for the submission of comments. The proposed standards are as follows: (a) Within the boundaries of this of­ These standards specify quality, size ficially designated roadless area it will and minimum and maximum mixture General be the policy of the Interior Department requirements of species of nuts within Sec. the mixture. Detailed quality and size 51.3520 General. to refuse consent to the construction or Grades establishment of any routes passable to requirements are not necessary in these motor transportation, including in this standards because quality and size spec- 51.3521 U.S. No. 1 Large Mixed. restriction highways, roads, truck trails, 51.3522 U.S. No. 1 Medium Mixed. 1 Packing of the product in conformity 51.3523 U.S. Commercial Mixed. work roads, and all other types of ways with the requirements of these standards constructed to make possible the passage shall not excuse failure to comply with the Authority: The provisions of this subpart of motor vehicles either for transporta­ provisions of the Federal Food, Drug, and issued under secs. 203, 205, 60 Stat. 1087, tion of people or for the hauling of sup­ Cosmetic Act or with applicable State laws as amended; 1090 as amended; 7 U.S.C. 1622, plies and equipment, unless the require­ and regulations. 1624. Tuesday, April 27, 1965 FEDIRAI REGISTER 5851

G énérai. of weight, and each species must conform suant to notice: thereof which was issued to the mTnimnm and maximum per­ March 23, 1965 (30 F.R. 3781). § 51.3 5 2 0 General, centages specified in the mixture as set The material issues on the record of (a) Any lot of mixed nuts in the shell forth in §§ 51.3521-51.3523. the hearing relate tor which is classified as meeting the re­ (b) A composite sample shall be 1. Pricing of diverted milk; quirements of a U.S. Mixed Nut grade drawn to determine mixture, size and 2. A cooperative association as a han­ must conform to the mixture, size and grade. When any species in the lot fails dler of milk delivered in farm bulk tanks grade as set forth in one of the following to meet the requirements as to mixture, to pool plants ; grades. Each species of nut shall he size or grade, the entire lot will fail to 3. The Class I price and location differ­ graded individually in accordance with meet the U.S. Mixed Nut grade require­ entials;: U.S. Standards currently in effect for ments. 4. A fall incentive or “Louisville” plan G rades of payments to producers; that species. The percentages in the 5. Payments to producers on a base and mixture shall be determined on the basis § 51.3521 U.S. No. 1 Large Mixed. excess plan; and 6. Miscellaneous and c o n f o r m i n g Allowable- mixture ■ changes. Species of nut Minimum size Grade This decision is concerned only with Minimum Maximum issues No. I and No. 2, which are of im­ percent percent mediate concern to interested parties. No evidence was received pertaining to Almonds.. 10 40 inch______U.S. N o.l. Brazils___ 10 40 Large______IT.S. No. 1. proposals in the hearing notice to revise Filberts... 10 40 Large______—. U.S; No. 1. the producer butterfat differentials and Pecans.__ 10 40 Extra large______.__ At least 80 percent U.S. No. 1 quality, restricted to 6 percent serious dam­ modify the method of classifying inven­ age. tory. Therefore no further action on Walnuts:_ 10 40 Large______U.S. No. 1. these matters will he taken. The re­ maining issues will be considered in a § 51.3522 U.S. No. 1 Medium Mixed.. separate decision at a later date. Findings and conclusions. The follow­ Allowable mixture ing findings and conclusions are con­ fined to material issues No. 1 and No. 2 Species of nut Minimum size Grade Minimum Maximum and are based on evidence presented at percent percent the hearing and the record thereof: 1 r Z . " ''' . ■ ■ . .. • . 1. Pricing of diverted milk. Milk di­ 10 40 U.S. No. 1. verted to a nonpool plant should be 10 40 Medium______U.S. No. 1, priced at the location of the pool plant 10 40 Large____ — U.S. No. 1. 10 40 Large...... At least 80 percent U.S. No. 1 quality, from which diverted when the farm, on restricted to 6 percent serious damage. which, the milk is produced, is located ÎÛ 40 Medium...... U.S. No. l., within the marketing area; and at the location of the nonpool plant where re­ § 51.3523 U.S . C om m ercial M ixed. ceived when the farm, on which the milk is produced, is located outside the mar­ Allowable mixture keting area. All of the provisions of the Rio Grande Species.of nut M in im u m size Grade M in im u m Maximum Valley order became effective for the first percent percent time on July 1, 1962. The provisions of the order at that time were such that 5 40 inch______: U.S. No. 1. milk diverted from a pool plant to a non­ e 40 Medium______U.S. N o.L 40 Medium...... U.S. No. 1. pool plant was priced at the location of 5 40 U.S. commercial or better. the pool plant. On the basis of the & 40 Baby______U.S. No..2 or better. promulgation record it was expected that this provision would accommodate the Dated: April 22,1965. relatively small quantities of milk that G. R. G range, might be diverted under the then current Deputy Administrator, Marketing Services. marketing conditions. The order was amended effective Au­ [F.R. Doc. 65-4363; Filed, Apr. 26,1965; 8:47 a.m.] gust L, 1963, to provide that milk, diverted to a nonpool plant be priced at the loca­ [ 7 CFR Part 1138 T tentative marketing agreement and order tion of such plant rather than at the pool regulating the handling of milk in the plant from which diverted. A supply of [Docket No. AO-335-A4] Rio Grande Valley marketing area. In­ milk in the State of Kansas, more than MILK IN RIO GRANDE VALLEY terested parties may file written excep­ 600 miles away, had by then become associated with pool plants in the mar­ MARKETING AREA tions to this decision with the Hearing Clerk, U.S. Department of Agriculture, keting area. Location adjustments of Notice of Recommended Decision and Washington, DC., 20250, by the fifth day 60-75 cents per hundredweight applied to this milk when it was -received at pool Opportunity To File Written Excep­ after publication of this decision in the F ederal R egister. The exceptions plants located in Kansas. However, tions on Proposed Amendments to should be filed in quadruplicate. AH when milk, moved directly from farms Tentative Marketing Agreement written submissions made pursuant to in Kansas to pool plants located in the and to Order this notice will be made available for marketing area, producers received the public inspection at the office of the blend price at the location of such pool Pursuant to the provisions of the Agri­ Hearing Clerk during regular business plant. Milk diverted from such a pool cultural Marketing Agreement Act of hours (7 CFR 1.27 (b>). plant was priced as if moved from the 1937, as amended (7 U.S.G. 601 et seq.>, Preliminary statement. The hearing farms in Kansas to the pool plant In the and the applicable rules of practice and marketing area. Milk thus diverted pro­ procedure governing the formulation of on the record of which the proposed vided a “windfall” hauling allowance at marketing agreements and marketing amendments, as hereinafter set forth, to the expense of the pool. The change in orders (7 CFR Part 900), notice is hereby the tentative marketing agreement and the point of pricing diverted milk was given of the filing with the- Hearing Clerk to the order as amended, were formu­ made to remove any incentive for asso­ of this recommended decision with re­ lated, was conducted at Albuquerque, ciating this m ilk. directly with a pool spect to proposed amendments to the N. Mex., on March 31-April 1, 1965, pur­ plant in the marketing area solely for 5852 PROPOSED RULE MAKING the purpose of pricing and then diverting located in the marketing area, must be should be permitted to be a handler with such milk to local manufacturing plants diverted from pool plants to nonpool respect to milk delivered from a farm to in Kansas. plants where the milk can be manufac­ a pool plant in a tank truck owned and On the basis of this record, it was tured into powder and condensed milk, operated by or under contract to such shown that during the years 1963 and it must be shipped for the most part 400 association. 1964 milk was received at pool plants in to 800 miles. On the other hand, milk Under the current arrangements for the marketing area directly from farms is received at pool plants located in the marketing the milk of producers using located in the States of Arizona, Colo­ marketing area directly from farms lo­ farm bulk tanks, the amount of milk de­ rado, Kansas, and Utah. These farms cated in the general vicinity of Erie, livered by any such producer and the were located 300 to 700 miles from the Kans., Pueblo, Colo., and Richfield, Utah. butterfat tests thereof, can be deter­ pool plants where such milk was received. These farms are approximately 300 to 700 mined only by measurement at the On occasion, some of the milk produced miles from the pool plants where the farm and from butterfat samples taken on farms located a long distance from the milk is received. When the milk from at the farm. After milk has been pumped pool plant where normally received has these farms needs to be diverted, it is into the tank truck and commingled been diverted to manufacturing plants received at nonpool manufacturing with the milk, of other producers there located within relatively short distances plants within the vicinity of the farm is no further opportunity to measure, from the location of such farms. locations. While most of the producer sample, or reject the milk of an individ­ Milk produced on farms located within milk for the Rio Grande Valley market ual producer except as the operator of the marketing area, however, has been is produced within the marketing area, the pool plant measures, samples, and diverted from pool plants to nonpool twenty percent or more of such milk accepts or rejects the entire load of milk. manufacturing plants located 400 to 800 comes from areas 300 to 700 miles away, When bulk tank assembly routes are op­ miles from the location of the farms with no substantial quantities of milk erated by or under the control of a co­ where produced. With the exception of available on a regular supply basis in the operative association, the association de­ a few ice cream plants located within intervening area. termines the quantity of milk received the marketing area, there are no manu­ Under the present diverse marketing from each producer, and takes the sam­ facturing facilities to which producer conditions some producers located a long ples used to determine the butterfat test milk may be diverted. For example, dur­ distance from the marketing area are in of each producer’s milk. Since a coop­ ing 1964 one cooperative association, with a position to have their milk diverted to erative controls the determination of producer members located in the Rio manufacturing plants near to them with the weight and butterfat of such milk, Grande Valley marketing area, diverted little or no extra transportation cost. it should be held responsible for account­ more than 27 million pounds of producer For these producers, the present provi­ ing to the pool for the quantities and but­ milk to nonpool plants located in Arkan­ sion of pricing diverted milk at the lo­ terfat content of such milk. A coopera­ sas City, Kans., Chickasha, Okla., and cation of the nonpool manufacturing tive association should be required to give Johnstown, Colo. These manufacturing plant is appropriate. On the other hand, prior notification to the market admin­ plants are located approximately 400 to producers located within the marketing istrator and the receiving handler when 800 miles from the farms where the milk area incur hauling costs from the farm the association intends to be the re­ was produced. This cooperative diverted to nonpool manufacturing plants greater sponsible handler for these functions. nearly all the excess milk. Only minor than those to the pool plant. If the handler receiving bulk tank quantities were diverted by other'han­ The Rio Grande Valley market is per­ milk for which a cooperative association dlers. The cooperative association stated haps unique with respect to the geo­ is the handler accepts the farm weights that the extra cost of hauling milk to the graphical location of its milk supply. As and individual producer tests as the basis nonpool plants, as compared to deliver­ pointed out above, a major proportion of for determining the quantity and test of ing to the pool plant at which normally the milk supply is produced within the milk received, he should be allowed the received, amounted to nearly $129,000 marketing area and the remainder is pro­ full two percent Class n shrinkage allow­ for the year 1964. At the same time, be­ duced at distances of 300 to 700 miles ance provided for receipts of producer cause of location differentials, producers from the marketing area. Producer milk milk. If, on the other hand, the quantity received $47,000 less than the uniform at the distant locations may be diverted and test of milk delivered by a coopera­ price applicable at the pool plants at to nohpool plants relatively close to the tive association is determined by tank which their milk was normally delivered. farms where it is produced. The order load lots, the shrinkage allowance should It was under these circumstances that now provides that with respect to this be the same as on bulk tank lots from the proponent cooperative proposed a milk it will be priced at the location of other handlers (1.5 percent), and the co­ change in pricing milk diverted from pool the nonpool manufacturing plant when it operative association as the receiving plants to nonpool plants located long dis­ is diverted. There was no proposal to handler should have the remaining one- tances from the farms where the milk change this. half percent as a shrinkage allowance. was produced. It was thèir proposal The problem which needs to be dealt The operator of the pool plant to which that milk should be priced at the pool with is the location price to be applicable the milk is delivered, continues, however, plant from which diverted, unless the to milk produced within the marketing to be the handler upon whose utilization location of the nonpool plant to which area when it is diverted. Because of the the classification of such milk depends. the milk is diverted is at least 200 miles extraordinary distances which this milk In settling for milk it receives in bulk nearer to thè county seat of the county must be transported in order to find a tanks from a cooperative association in which the farm is located than is the market as surplus milk, a modification handler, the pool plant handler should plant from which the milk was diverted. should be adopted in the point of pricing pay the uniform producer price to the co­ In the latter case, the present policy of so that the economic losses to producers operative association and make settle­ pricing diverted milk at the location of will be somewhat reduced when such ment for pool equalization with the mar­ the nonpool plant would be retained. milk is diverted to the distant plants. ket administrator. A cooperative asso­ This proposal was supported by an­ Accordingly, it is provided that with re­ ciation, however, is responsible for pool other cooperative association with pro­ spect to milk produced within the mar­ equalization with the market administra­ ducer members located in the Rio Grande keting area and diverted to nonpool tor for any milk diverted for its account plants it will be priced at the location of to a nonpool plant and for any differences Valley marketing area. No opposition between quantity of milk as determined testimony was received concerning this the plant from which diverted. Milk produced outside the marketing area at the farm and the quantity delivered to proposal. each pool plant of another handler. This Marketing conditions in the Rio (and which may be marketed at nonpool manufacturing plants at relatively near­ system has the merit that any adjust­ Grande Valley marketing area are by locations) will continue to be priced ments found on audit of a handler s rec­ unique. There are approximately 215 on the basis of the location of the plant ords will be made directly with such producers with their farms located within to which it is diverted. This procedure handler. - the marketing area. These producers simplifies and accommodates the revi­ For the purpose of location adjust­ in December 1964 represented 50 percent sion proposed by producers. ments to producers, milk for which a co­ of the total number of producers and de­ 2. Cooperative association as a han­operative association is the handler livered over 81 percent of the producer dler of milk delivered in farm hulk tanks should be considered to have been re­ milk. When the milk from these farms, to pool plants. A cooperative association ceived from producers by the cooperative Tuesday, April 27, 1985 FEDERAL REGISTER 5853 association at the location of the pool order, as hereby proposed to be amended: (c) Each cooperative association shall plant to which it is delivered. 1. Section 1138.7(b)(4) is revised to report with respect to milk for which it Enabling a cooperative to be a handler read as follows: is a handler pursuant to either § 1138.9 on its member-producers’ bulk tank milk (b) or (c) as follows: will afford a more satisfactory basis of § 1138.7 Producer. (1) Receipts of skim milk and butter­ accounting for such milk and will pro­ * * * * * fat from producers; vide added flexibility to a cooperative as­ (b) * * * (2) Utilization of skim milk and but­ sociation in allocating its members’ bulk (4) For the purposes of location ad­terfat for which it is the handler pur­ tank milk among handlers at any time justments pursuant to §§ 1138.52 and suant to § 1138.9(b); such flexibility is needed. The pool 1138.81, milk diverted to a nonpool plant (3) The quantities delivered to each plant operator, however, would continue shall be considered to have been received pool plant of another handler pursuant to be responsible to the producer-settle­ at the location of the pool plant from to § 1138.9(c); ment fund and for the administrative which diverted when the farm on which (4) The name and number of days of assessment on such milk. the milk is produced is located within the delivery, with the address of any pro­ Rulings on proposed findings and con­ marketing area and at the location of ducer not previously reported, the total clusions. Briefs and proposed findings the nonpool plant where received when pounds of milk and the pounds of butter­ and conclusions were filed on behalf of the farm on which the milk is produced fat received from each producer; and certain interested parties. These briefs, is located outside the marketing area. (5) Such other information as the market administrator may require. proposed findings and conclusions and 2. In § 1138.9, a new paragraph (c) is the evidence in the record were consid­ added to read as follows: 4. In § 1138.41, paragraph (b) (7) is ered in making the findings and conclu­ revised to read as follows: sions set forth above. To the extent that § 1138.9 Handler. § 1138.41 Classes of utilization. the suggested findings and conclusions * * * * * * * * * * filed by interested parties are inconsistent (c) A cooperative association with with the findings and conclusions set respect to the milk of its member pro­ (b) * * * forth herein, the requests to make such ducers which is received from the farm (7) In shrinkage allocated to receipts findings or reach such conclusions are for delivery to the pool plant of another of skim milk and butterfat pursuant to denied for the reasons previously stated handler in a tank truck owned and oper­ § 1138.42(b) (1) but not in excess of: in this decision. ated by or under contract to such cooper­ (i) 2 percent of receipts of milk re­ General findings. The findings and ative association, if the cooperative asso­ ceived directly from producers; plus determinations hereinafter set forth are ciation notified the market administrator (ii) 1.5 percent of receipts from a co­ supplementary and in addition to the and the operator of the pool plant to operative association in its capacity as a findings and determinations previously whom the milk is delivered, in writing handler pursuant to § 1138.9(c), except made in connection with thè issuance of prior to the first day of the month in that -if the handler operating the pool the aforesaid order and of the previously which the milk is delivered, that it elects plant notifies the market administrator issued amendments thereto; and all of to be a handler for such milk. For pur­ that he is purchasing such milk on the said previous findings and determina­ poses of location adjustments to pro­ basis of farm weights determined from tions are hereby ratified and affirmed, ducers such milk is considered to have farm bulk tank calibrations and individ­ except insofar as such findings and de­ been received from producers by the co­ ual producer tests, the applicable per­ terminations may be inconflict with the operative association at the location of centage shall be 2 percent; plus findings and determinations set forth the pool plant to which it is delivered. (iii) 1.5 percent of receipts of milk herein. received in bulk tank lots from other (a) The tentative marketing agree­ 3. Section 1138.30 is revised ta read pool plants; plus ment and the order, as hereby proposed as follows: (iv) 1.5 percent of receipts of fluid milk products in bulk tank lots from an to be amended, and all of the terms and § 1138.30 Reports of receipts and utili­ conditions thereof, will tend to effectu­ zation. other order plant, exclusive of the quan­ ate the declared policy of the Act; tity for which Class II utilization was (b) The parity prices of milk as de­ On or before the eighth day after the requested by the operator of such plant termined pursuant to section 2 of the end of each month, the following han­ and the handler; plus Act are not reasonable in view of the dlers shall report to the market adminis­ (v) 1.5 percent of receipts of fluid milk price of feeds, available supplies of feeds, trator in the detail and on forms pre­ products in bulk tank lots from unregu­ and other economic conditions which scribed by the market administrator for lated supply plants, exclusive of the affect market supply and demand for each plant as follows: . quantity for which Class n utilization milk in the marketing area, and the min­ (a) Each handler who operates pool was requested by the handler; less imum prices specified in the proposed plant(s) shall report: (vi) 1.5 percent of milk disposed of in marketing agreement and the order, as (1) The receipts of producer milk, the bulk tank lots to pool plants (when the hereby proposed to be amended, are average butterfat test, and thé pounds of exceptions specified in subdivision (ii) such prices as will reflect the aforesaid butterfat contained therein; of this subparagraph applies, the appli­ factors, insure a sufficient quantity of (2) The quantities of skim milk and cable percentage shall be two percent). pure and wholesome milk, and be in the butterfat contained in fluid milk prod­ * * * * * public interest; and ucts received from other handlers; 5. In § 1138.43, a new paragraph (c) is (c) The tentative marketing agree­ (3) The quantities of skim milk and added to read as follows: ment and the order, as hereby proposed butterfat contained in receipts of other to be amended, will regulate the handling source milk; § 1138.43 Responsibility of handlers of milk in the. same manner as, and (4) The pounds of skim milk and but­ ~ and reclassification of milk. will be applicable only to persons in the terfat contained in all fluid milk products * * * * * respective classes of industrial and com­ on hand at the beginning and at the end (c) For the purposes of §§ 1138.41 mercial activity specified in, a market­ of the month; through 1138.46,1138.50 through 1138.54, ing agreement upon which a hearing has (5) The utilization of all skim milk and 1138.70 through 1138.72, milk deliv­ been held. and butterfat required to be reported ered by a cooperative association in its Recommended marketing agreement pursuant to this section; capacity as a handler pursuant to and order amending the order. The fol­ (6) The disposition of fluid milk prod­ § 1138.9(c) shall be classified and allo­ lowing order amending the order, as ucts in the marketing area on routes; and cated as producer milk according to the amended, regulating the handling of (7) Such other information with re­ use or disposition by the receiving han­ milk in the Rio Grande Valley marketing spect to receipts and utilization as the dler and the value thereof at class prices area is recommended as the detailed and market administrator may prescribe; shall be included in the receiving han­ appropriate means by which the fore­ (b) Each handler who operates a par­ dler’s net pool obligation pursuant to going conclusions may be carried out. tially regulated distributing plant shall § 1138.70. For purposes of location ad­ The recommended marketing agreement report as required in paragraph (a) of justments pursuant to § 1138.52 and ad­ is not included in this decision because this section, except that receipts in Grade ministrative e x p e n s e pursuant to the regulatory provisions thereof would A milk shall be reported in lieu of those § 1138.88, such milk shall be treated as be the same as those contained in the in producer milk; and producer milk of the Receiving handler. 5854 PROPOSED RULE MAKING 6. In § 1138.70, the introductory text is alter the Nome, Alaska, control zone, re­ the office of the Regional Air Traffic Di­ revised to read as follows: voke the Nome control area extension vision Chief. and designate a transition area at Nome. The following controlled airspace is § 1138.70 Computation of the net pool As parts of these proposals relate to presently designated in the vicinity of obligation of each pool handler. the navigable airspace outside the United Nome: The net pool obligation of each pool States, this notice is submitted in con­ 1. The Nome Control Zone is desig­ handler for each pool plant and of each sonance with the ICAO international nated as that airspace within a 5-mile cooperative association in its capacity as standards and recommended practices. radius of Nome FAA Airport (latitude a handler pursuant to § 1138.9 (b) or (c) Applicability of international stand­ 64°31' N., longitude 165°26' W.), and during each month shall be a sum of ards and recommended practices, by the within 2 miles each side of the Nome money computed by the market admin­ Air Traffic Service, FAA; in areas outside radio range east course, extending from istrator as follows: domestic airspace of the U.S. is governed the 5-mile radius zone to 12 miles east * * * * ' * by Article 12 and Annex 11 to the Con­ of the radio range. 7. In § 1138.80, the introductory text is vention on International Civil Aviation 2. The Nome control area extension revised and a new paragraph (e) is added (ICAO), which pertains to the establish­ is designated as that airspace within a to read as follows: ment of air navigation facilities and 30-mile radius of the Nome radio range. services necessary to promoting the safe, The Federal Aviation Agency, having §1138.80 Payment to producers. orderly and expeditious flow of civil air completed a comprehensive review of Except as provided in paragraphs (c) traffic. Its purpose is to insure that civil the terminal airspace structure require­ and (e) of this section, each handler, flying on international air routes is car­ ments in the Nome, Alaska, terminal except a cooperative association, shall ried out under uniform conditions de­ area, including studies attendant to the make payment to each producer from signed to improve the safety and effi­ implementation of the provisions of CAR whom milk is received as specified in ciency of air operations. Amendments 60-21/60-29, proposes the paragraphs (a) and (b) of this section: The international standards and rec­ airspace actions hereinafter set forth. ***** ommended practices in Annex 11 apply 1. The Nome control zone would be in those parts of the airspace under the altered by redesignating it as that air­ (e) Each handler who receives milk for jurisdiction of a contracting state, de­ space within a 5-mile radius of Nome which a cooperative association is the rived from ICAO, wherein air traffic FAA Airport (latitude 64°31' N., longi­ handler pursuant to § 1138.9(c), shall, services are provided and also whenever tude 165° 27' W.); within 2 miles each on or before the second day prior to the a contracting state accepts the respon­ side of the Nome radio range east course, date payments are due individual pro­ sibility of providing air traffic services extending from the 5-mile radius zone ducers, pay such cooperative association over high seas or in airspace of unde­ to 10 miles east of the radio range; within for such milk as follows: termined sovereignty. A contracting 2 miles each side of the Nome VOR 107° (1) An advance payment for milk re­ state accepting such responsibility may and 287° True radiais, extending from ceived during the first 15 days of the apply the international standards and the 5-mile radius zone to 8 miles east month at the rate specified in paragraph recommended practices to civil aircraft of the VOR. (a) of this section; and in a manner consistent with that adopted 2. The Nome control area extension (2) In making final settlement, the for airspace under its domestic jurisdic­ would be revoked and the Nome transi­ value of such milk at the applicable uni­ tion. tion area would be designated as that form price, less the amount of advance In accordance with Article 3 of the airspace extending upward from 700 feet payment made on such milk. Convention on International Civil Avi­ above the surface within a 9-mile radius 8. In § 1138.84, paragraph (a) is re­ ation, Chicago, 1944, state aircraft are of the Nome VOR, extending clockwise vised to read as follows: exempt from the provisions of Annex 11 from the 319° True radial to the 125* and its standards arid recommended True radial; and that airspace extend­ § 1138.84 Payments to the producer- practices. As a contracting state, the ing upward from 1,200 feet above the settlement fund. U.S. agreed by Article 3(d) that its state surface within a 25-mile radius of the ***** aircraft will be operated in international Nome VOR. (a) The sum of: airspace with due regard for the safety The action proposed herein would (1) The total of the net pool obligation of civil aircraft. shorten the existing control zone ex­ computed pursuant to § 1138.70 for such Since this action involves, in part, the tension from 12 to 10 miles. It would handler; and designation of navigable airspace outside add an 8-mile extension to the east for (2) In the case of a cooperative associ­ the United States, the Administrator has the recently developed VOR approach. ation which is a handler, the minimum consulted with the Secretary of State This reduction and the addition of an amount due from other handlers pursu­ and the Secretary of Defense in accord­ extension east of Nome would provide ant to § 1138.80(e); ance with the provisions of Executive protection for aircraft executing pre­ ***** Order 10854. scribed instrument approach and de­ Interested persons may participate hi parture procedures at the Nome FAA Signed at Washington, D.C., on April the proposed rule making by submitting Airport. 22, 1965. such written data, views, or arguments Revocation of the Nome Control Area Clarence H. G irard, as they may désiré. Communications extension and designation of the Nome Deputy Administrator, should identify the airspace docket num­ transition area would reduce the size of Regulatory Programs. ber and be submitted in triplicate to the the present control area from within a Director, Alaskan Region, Attention: 30-mile radius to a 25-mile radius of [F.R. Doc. 65-4406; Filed, Apr. 26, 1965; Chief, Air Traffic Division, Federal Avi­ Nome and would raise, in part, the floor 8:50 a.m.] ation Agency, 632 Sixth Avenue, Anchor­ of controlled airspace beyond the control age, Alaska, 99501. All communications zone from 700 to 1,200 feet. The pro­ received within 45 days after publication posed transition area would provide pro­ FEDERAL AVIATION AGENCY of this notice in the F ederal R egister tection for aircraft executing prescribed will be ^considered before action is taken instrument holding, arrival, and de­ [1 4 CFR Part 71 1 on the proposed amendments. The pro­ parture procedures. [Airspace Docket No. 64—AL—3] posals contained in this notice may be Certain minor revisions to prescribed changed in the light of comments instrument procedures would be effected CONTROL ZONE, TRANSITION AREA received. in conjunction with the actions pro­ AND CONTROL AREA EXTENSION An official docket will be available for posed herein, but operational complex­ examination by interested persons at the ities would not be increased rior would Proposed Alteration, Designation, Federal Aviation Agency, Office of the aircraft performance characteristics or and Revocation General Counsel, Attention: Rules Dock­ present landing minimums be affected The Federal Aviation Agency is con­ et, 800 Independence Avenue SW., Wash­ adversely. ington, D.C., 20553. An informal docket Specific details of the changes to pro­ sidering amendments to Part 71 of the cedures and minimum instrument flight Federal Aviation Regulations that would also will be available for examination at Tuesday, April 27, 1965 FEDERAL REGISTER 5855 would coincide with the floors of the 2 miles bach side of the Salisbury VOR 207° rules altitudes that would be required radial extending from the 5-mile radius zone may be examined by contacting the transition areas. to 6 miles SW of the VOR; within % miles Chief, Airspace and Rules Branch, Air Certain minor revisions to minimum each side of the Salisbury VOR 050* radial Trafile Division, Alaskan Region, PAA, flight rules altitude would be effected extending from the 5-mile radius zone to 6 632 Sixth Avenue, Anchorage, Alaska, in conjunction with the actions proposed miles NE of the VOR; within 2 miles each 99501. herein, but operational complexity would side of the Salisbury VOR 134° radial extend­ These amendments are proposed un­ not be increased nor would aircraft per­ ing from the 5-mile radius zone to 6 miles der section 307(a) and 1110 of the Fed­ formance or present landing minimums SEof the VOR. eral Aviation Act of 1958 (49 U.S.C. 1348, be adversely affected. Specific details of 3. Amend § 71.181 of Part 71 of the 1510), and Executive Order 10854 (24 the changes to minimum flight rules al­ Federal Aviation Regulations so as to P.R. 9565). titudes that would be required may be designate a 700- and 1,200-foot above examined by contacting the Chief, Air­ Issued in Washington, D.C., on April ground Dover, Del., transition area de­ space Branch, Air Traffic Division, Fed­ scribed as follows: 16,1965. eral Aviation Agency, Federal Building, H. B. H elstrom, John F. Kennedy International Airport, Doves, Del. Acting Chief, Airspace Regulations Jamaica, N.Y., 11430. That airspace extending upward from 700 and Procedures Division. Interested persons may submit such feet above the surface within a 9-mile radius [P.R. Doc. 65-4344; Piled, Apr. 26, 1965; written data or views as they may de­ of the center, 39°07'45" N., 75°27'50" W. of 8:47 am.] Dover AFB, Dover, Del-, and within 2 miles sire. Communications should be sub­ each side of the Dover AFB ILS localizer mitted in triplicate to the Director, East­ S course extending from the 9-mile radius ern Region, Attention: Chief, Air Traffic to 8 miles S of the LOM. [ 14 CFR Part 71 1 Division, Federal Aviation Agency, Fed­ That airspace extending upward from 1,200 [Airspace Docket Ifo. 65-EA-7] eral Building, John F. Kennedy Inter­ feet above the surface bounded by a line national Airport, Jamaica, N.Y., 11430. beginning at: 39°26'20'' N., 75°19'58" W. to CONTROL ZONES, TRANSITION All communications received within 45 38°57'30" N., 74°59'20" W. to 38°06'40" N., AREAS 75°31 W ' W. to 38“10'58" N., 75°42'50" W. to days after publication in the F ederal 38°15'20" N., 75°40'05" W. to 38°16'10" N., Proposed Alteration, Designation R egister will be considered before action 75°42'20" W. to 38°23'00"N., 75°38'00" W. to is taken on the proposed amendment. No 38°57'00" N„ 75°53'00" W. to 39°10'00" N., The Federal Aviation Agency is con­ hearing is contemplated at this time, but 75°53'00" W. to point of beginning. sidering amending §§ 71.171 and 71.181 arrangements for informal conferences 4. Amend § 71.181 of Part 71 of the of Part 71 of the Federal Aviation Reg­ with Federal Aviation Agency officials ulations which would alter the Dover, Federal Aviation Regulations so as to may be made by contacting the Chief, designate a 700-foot above ground Salis­ Del. (29 F.R. 17595), and Salisbury, Md. Airspace Branch, Eastern Region. (29 F.R. 17630), control zones and Salis­ Any data or views presented during bury, Md., transition area described as bury, Md. transition area (29 F.R. 17696) follows: such conferences must also be submitted Salisbury, Mb. and designate a 700-foot above ground in writing in accordance with this notice transition area over Dover Air Force in order to become part of the record for That airspace extending upward from 700 Base, Dover, Del. A 1,200-foot above feet above the surface within a 7-mile radius consideration. The proposal contained of the center, 38°20'25" N., 75“30'40" W. of ground Dover, Del., transition area would in this notice may be changed in the Salisbury-Wicomico Airport, Salisbury, Md., also be designated. light of comments received. and within 2 miles each side of the Salisbury The controlled airspace in the afore­ The official docket will be available for VOR 207® radial extending from the 7-mile mentioned terminal area is presently examination by interested persons at the radius area to 8 miles SW of the VOR; within composed of a portion of the New York, Office of the Regional Counsel, Federal 2 miles each side of the Salisbury VOR 050° N.Y., control area extension (29 F.R. Aviation Agency, Federal Building, John radial extending from the 7-mile radius area 17572), the Dover, Del., control area ex­ to 8 miles NE of the VOR; within 2 miles F. Kennedy International Airport, each side of the Salisbury VOR 134* radial tension (29 FR. 17563), the Dover, Del., Jamaica, N.Y. extending from the 7-mile radius area to 8 and Salisbury, Md., control zones and The Federal Aviation Agency, having miles SE of the VOR. That portion within Salisbury, Md., transition area. The completed a comprehensive review of the R-4006 is excluded. Dover AFB military climb corridor airspace requirements for the terminal R-28Q3 has been revoked. The Dover, areas of Dover, Del., and Salisbury, Md., This amendment is proposed under Del., control zone is described as being attendant to the implementation of the section 307(a) of the Federal Aviation within a 6-mile radius of Dovelr AFB and provisions of Civil Air Regulation Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). within 2 miles either side of the Dover amendments 60-21 and 60-29 (26 F.R. Issued in Jamaica, N.Y., on April 12, ILS localizer S course extended from the 570, 27 F.R. 4012), proposes the airspace 1965. 6-mile radius zone to 10 miles S of the actions hereinafter set forth: Oscar Bakke, OM and within 2 miles either side of the 1. Amend § 71.171 of Part 71 of the Director, Eastern Region. centerline of Runway 13 extended from Federal Aviation Regulations so as to the 6-mile radius zone to 12 miles SE [F.R. Doc. 65-4345; Filed, Apr. 26, 1965; delete the description of the Dover, Del., 8:47 am.] of the end of the runway. The Salisbury, control zone and insert in lieu thereof: Md., control zone is described as being within a 5-mile radius of Salisbury- Within a 5-mile radius of the center, 39°- 07'45" N., 75°28'04" W. of Dover AFB, Dover, [ 14 CFR Part 71 1 Wicomico County Airport. Del., including a 1-mile radius of the center, The proposed alteration of the Dover, 39°07'02" N., 75°35'06" W. of Jenkins Air­ [Airspace Docket No. 64-EA-76] Del., control zone would provide protec­ port, Wyoming, Del., and within 2 miles each tion for aircraft executing prescribed side of the Dover TACAN 176° radial ex­ CONTROL ZONE, TRANSITION AREAS instrument approach and departure pro­ tending from the 5-mile radius zone to 7 Proposed Alteration, Designation cedures. Jenkins Airport, located 5 miles miles S of the TACAN; within 2 miles each W of Dover AFB, is included in the side of the Dover TACAN 130° radial extend­ The Federal Aviation Agency is con­ ing from the 5-mile radius zone to 7 miles sidering amending §§ 71.171 and 71.181 control zone because of its distance from SE of the TACAN; within 2 miles each the primary airport which is utilized by side of the Dover TACAN 008° radial extend­ of Part 71 of the Federal Aviation Regu­ jet aircraft. The extensions on the ing from the 5-mile radius zone to 7 miles lations which would alter the Millville, Salisbury, Md., control zone are required N of the TACAN. N.J., control zone (29 F.R. 17616) and for the instrument approach procedures. designate 700-foot above ground transi­ The 700- and 1,200-foot transition 2. Amend § 71.171 of Part 71 of the tion areas over Atlantic City Municipal areas would provide protection for air­ Federal Aviation Regulations so as to (Pomona) Airport, Atlantic City, N.J., craft executing prescribed instrument delete the description of the Salisbury, Millville Municipal Airport, Millville, holding, arrival, departure and radar Md., control zone and insert in lieu N.J., Vineland-Downtown and Rudy’s vectoring procedures in the Dover, Del., thereof: Airports, Vineland, N.J., and Cape May area. Within a 5-mile radius of the center, County Airport, Wildwood, N.J. A 1,200- The floors of airways which traverse 38°20'25" N., 75“30'40" W. of Salisbury- foot above ground Atlantic City, N.J., the transition areas proposed herein Wicomlco Airport, Salisbury, Md., and within transition area would also be designated. 5856 PROPOSED RULE MAKING

The controlled airspace in the afore­ may be made by contacting the Chief, Millville, N.J. mentioned terminal areas is presently Airspace Branch, Eastern Region. That airspace extending upward from 700 composed of a portion of the New York, Any data, or views presented during feet above the surface within the area N.Y., control area extension (29 F.R. such conferences must also be submitted bounded by a line beginning at: 39°37'00” 17572), the Atlantic City, N.J., control in writing in accordance with this notice N., 75°05'00” W., to 39°35'00” N., 74°52'00'' zone (29 F.R. 17584), which is within a in order to become part of the record for W. to 39°16'30” N., 74°59'00” W. to 39o16'30” 12-mile radius of the NAFEC Airport and consideration. The proposal contained N., 75°10'00” W. to 39°30'00” N., 75°15'00” airspace between the Atlantic City in this notice may be changed in the W. to point of beginning, excluding the por­ tion that coincides with the Atlantic City, VORTAC 176° and 112° radials extend­ light of comments received. ..N.J., 700-foot transition area. ing from the 12-mile radius zone to 3 The official docket will be available for nautical miles off shore excluding that examination by interested persons at the This amendment is proposed under airspace within a 2-mile radius of Ocean Office of the Regional Counsel, Federal section 307(a) of the Federal Aviation City Airport and the Millville, N.J., con­ Aviation Agency, Federal Building, John Act of 1958 (72 Stat. 749; 49 U.S.G. 1348). trol zone described as being within a F. Kennedy International Airport, Ja­ Issued in Jamaica, N.Y., on April 1, 5-mile radius of Millville Airport exclud­ maica, N.Y. 1965. ing that area NE of a line within 2 miles The Federal Aviation Agency, having Wayne Hendershot, NE of and parallel to the 135° bearing completed a comprehensive review of the Acting Director, Eastern Region. from the Millville RR. airspace requirements for the terminal The proposed alteration of the Mill­ areas of Atlantic' City, Wildwood, and [F.R. Doc. 65-4346; Piled, Apr. 26, 1965; ville, N.J., control zone would provide Millville, N.J., attendant to the imple­ 9:47 a.m.] protection for aircraft executing pre­ mentation of the provisions of Civil Air scribed instrument approach and depar­ Regulation amendments 60-21 and 60-29 ture procedures at the Millville, N.J., (26 F.R. 570, 27 F.R. 4012), proposes the £ 14 CFR Part 71 ] Airport. There is no change in the pres­ airspace actions hereinafter set forth: [Airspace Docket No. 64-SO-47] ent designation of the Atlantic City, N.J., 1. Amend § 71.171 of Part 71 of the control zone. The 700-foot transition Federal Aviation Regulations so as to de­ CONTROL AREA EXTENSIONS, CON­ area requirements of Millville, Rudy’s lete the description of the Millville, N.J., TROL ZONES AND TRANSITION and Vineland-Downtown Airports have control zone and insert in lieu thereof: AREA been consolidated into one full-time Within a 5-mile radius of the center, 39° transition area even though night opera­ 22'00” N., 75°04'45” W. of MiUville Munici­ Proposed Revocation, Alteration, and tions are not authorized at two of these pal Airport, Millville, N.J., excluding the Designation airports. Separating thè transition areas portion within a 1-mile radius of the center, for these airports would be impractical 39°25'45'' N., 75°02'45" W. of Vineland Air­ The Federal Aviation Agency is con­ because of the numerous exclusions re­ port, Vineland, N.J. sidering amendments to Part 71 of the quired due to overlapping airspace. 2. Amend § 71.181 of Part 71 of the Federal Aviation Regulations which The 700- and 1,200-foot transition Federal Aviation Regulations so as to would revoke the control area exten­ areas would provide protection for air­ designate a 700-foot above ground Wild­ sions at Mobile Ala., and New Orleans, craft executing prescribed instrument wood, N.J., transition area described as La., alter the control zones and designate holding, arrival, departure transitions follows: a transition area at Mobile, Ala. and radar vectoring procedures in the The Mobile, Ala., control area exten­ Atlantic City, Millville, and Wildwood Wildwood, N.J. sion is presently designated within a 25- terminal areas with the 700-foot above That airspace extending upward from 700 mile radius of Brookley AFB, Mobile, ex­ ground Wildwood transition area pro­ feet above the surface within a 5-mile radius cluding the portion E of a line extending tecting aircraft making instrument ap­ of the center, 39°00'32'' N., 74°54'32" W. of from latitude 30°21'45” N., longitude proach procedures into Cape May Air­ Cape May County Airport, Wildwood, N.J., 87°47'15” W., thence NW to latitude and within 2 miles each side of the Sea Isle, 30°31'00'' N., longitude 87°55'00” W., port down to 700 feet above ground and N.J., VORTAC 225° radial extending from the departure procedures above 700 feet 5-mile radius area to the VORTAC. thence along the E shore of Mobile Bay above ground. to latitude 30°41'30” N., longitude 87°- The floors of airways which traverse 3. Amend § 71.181 of Part 71 of the 59'30” W., NE to latitude 30°50'00” N., the transition areas proposed herein Federal Aviation Regulations so as to longitude 87°48'00” W., thence NE to would coincide with the floors of the designate 700- and 1,200-foot above latitude 30°52'30” N., longitude 87°45'- transition areas. ground Atlantic City, N.J., transition 45” W.; including the airspace S of Mo­ Certain minor revisions to prescribed areas described as follows: bile bounded on the W by longitude 88 °- instrument procedures would be effected Atlantic City, N.J. 30'00” W., on the NW by V-22, on the in conjunction with the actions proposed N by the Mobile 25-mile radius area, on herein, but operational complexity would That airspace extending upward from 700 the E by a line extending from latitude not be increased nor would aircraft per­ feet above the surface within a 12-mile ra­ 30°21'45” N., longitude 87°47'15” W., to dius of the center, 39°27'25'' N., 74°34'45" latitude 30°15’00” N., longitude 87°41'- formance or present landing minimums W. of Atlantic City Municipal (Pomona) be adversely affected. Specific details Airport, Atlantic City, N.J., and the airspace 00” W., and on the S by R-2908 and a of the changes to procedures and mini­ bounded on the SW by the Atlantic City line extending from latitude 30° 13'30” mum flight rules altitudes that would be VORTAC 176° radial to 3 NM offshore; on N., longitude 88°01'30” W., to latitude required may be examined by contacting the SE by a line 3 NM offshore; and on the 30°09'00” N., longitude 88°30'00” W. the Chief, Airspace Branch, Air Traffic NE by the Atlantic City VORTAC 112° ra­ The Mobile, Ala. (Bates Field), control Division, Federal Aviation Agency, Fed­ dial, within 8 miles SW and 5 miles NE of zone is presently designated within a 5- eral Building, John F. Kennedy Inter­ the Atlantic City ILS localizer NW course mile radius of Bates Field (latitude 30 °- extending from the 12-mile radius area to 41'15” N., longitude 88°14'25” W.) £Jid national Airport, Jamaica, N.Y., 11430. 12 miles NW of the OM. Interested persons may submit such That airspace extending upward from within 2 miles either side of the Mobile written data or views as they may desire. 1,200 feet above the surface within the area VORTAC 112° and 292° radials extend­ Communications should be submitted in bounded by a line beginning at: 39°43'00” ing from the 5-mile radius zone to 10 triplicate to the Director, Eastern Re­ N., 74°48'00" W. to 39°37'31” N., 74°20'02” miles NW of the VORTAC. gion, Attention:. Chief, Air Traffic Divi­ W. to 39°32'00" N., 74°16'00” W. to 39°08'- The Mobile, Ala. (Brookley AFB), con­ sion, Federal Aviation Agency, Federal 00” N., 74°51'00” W. to 38°57'30” N., 74°- trol zone is presently designated with­ Building, John F. Kennedy International 59'20” W. to 39°26'20” N., 75°19'58” W. to in a 5-mile radius of Brookley AFB 39°30'30” N., 75°23'00” W. to 39°37'00” N., (latitude 30°73'40” N., longitude 88°04'- Airport, Jamaica, N.Y., 11430. All com­ 75°10'00” W. to 39°33'00” N., 75°07'00” W. munications received within 45 days to point of beginning. 15” W.), and within 2 miles either side after publication in the F ederal R egister of the Brookley VORTAC 150“ radial ex­ will be considered before action is taken 4. Amend §71.181 of Part 71 of the tending from the 5-mile radius zone to on the proposed amendment. No hear­ Federal Aviation Regulations so as to 8 miles SE of the VORTAC. ing is contemplated at this time, but designate a 700-foot above ground Mill­ The Federal Aviation Agency, having arrangements for informal conferences ville, N.J., transition area described as completed a comprehensive review of the with Federal Aviation Agency officials follows: terminal airspace structure require- Tuesday, April 27, 1965 FEDERAL REGISTER 5857 ments in the Mobile, Ala., terminal area, radial, thence W along this line to its [ 14 CFR Part 71 1 including studies attendant to the imple­ intersection with a 15-nautical-mile arc [Airspace Docket No. 63-WE-1211 mentation of the provisions of CAR centered at the Brookley AFB, thence Amendments 60-21/60-29 (26 FR. 570 clockwise along the 15-nautical-mile arc CONTROL ZONE, CONTROL AREA, and 27 F.R. 4012), proposes the airspace to and clockwise along a 10-mile radius CONTROL AREA EXTENSION, AND actions hereinafter set forth. arc centered at latitude 30°23'30" N., TRANSITION AREA 1. The Mobile, Ala., control area ex­ longitude 87“57'00" W. to a line between tension would be revoked. latitude 30°31'00" N„ longitude 87°55'- Proposed Alteration, Revocation and 2. The New Orleans, La., control area 00" W. and latitude 30°15'00" N., longi­ Designation extension would be revoked. tude 87°41'20" W., thence SE along this 3. The Mobile, Ala. (Bates Field), con­ line to latitude 30°15'00" N., longitude The Federal Aviation Agency is con­ trol zone would be redesignated within 87°41'20" W., thence W along the Ala- sidering amendments to Part 71 of the a 5-mile radius of Bates Field (latitude bama-Florida shoreline to longitude 88 “- Federal Aviation Regulations that 30°41'17.7" N., longitude 88°14'26.6" 01'30" W., thence to point of beginning. would alter the control zone at North W.) ; within 2 miles each side of the Mo­ The proposed control zones are neces­ Bend, Oreg., revoke the North Bend con­ bile VORTAC 113° radial extending from sary to protect prescribed instrument ap­ trol area extension, designate a transi­ the 5-mile radius zone to 6.5 miles NW of proach and departure procedures at tion area at North Bend, and that would the airport; within 2 miles each side of Bates Field and Brookley AFB. alter Control Area 1420. the Mobile ILS NW course extending The proposed transition area is neces­ As parts of these proposals relate to from the 5-mile radius zone to 5.5 miles sary to protect prescribed instrument ap­ navigable airspace outside the United NW of the airport. proach and departure procedures, hold­ States, this notice is submitted in con­ 4. The Mobile, Ala. (Brookley AFB), ing patterns, radar and nonradar transi­ sonance with the ICAO International control zone would be redesignated with­ tion routes and missed approach pro­ Standards and Recommended Practices. in a 5-mile radius of Brookley AFB. (lati­ cedures for Bates Field and Brookley Applicability of international standards tude 30°37'39" N., longitude 88°04'10" AFB. The portion of the transition area and recommended practices, by the Air W.) ; within 2 miles each side of the north of Mobile is required to provide Traffic Service, FAA, in areas outside Brookley VORTAC 150° radial extending continuity of airspace for random radar domestic airspace of the United States from the 5-mile radius zone to 12 miles vectoring of aircraft arriving, departing is governed by Article 12 and Annex 11 SE of the VORTAC; within 2 miles each and traversing the Mobile terminal to the Convention on International Civil side of the Brookley VORTAC 140° ra­ area. Aviation (ICAO), which pertains to the dial extending from the 5-mile radius Thè Mobile control area extension will establishment of air navigation facilities zone to 4.5 miles SE of the VORTAC; no longer be required with the designa­ and services necessary to promoting the within 2 miles each side of a 140° bear­ tion of this transition area. Mobile is safe, orderly and expeditious flow of civil ing from the Brookley RBN extending the last terminal area encompassed by air traffic. Its purpose is to insure that from the 5-mile radius zone to 12 mil the New Orleans, La., control area ex­ civil flying on international air routes SE of the RBN. tension; therefore, with the designation is carried out under uniform conditions 5. A Mobile, Ala., transition area of the Mobile transition area that con­ designed to improve the safety and effi­ would be designated as that airspace ex­ trol area extension will no longer be ciency of air operations. tending upward from 700 feet above the required. The international standards and rec­ surface within 8 miles SW and 5 miles The floors of airways which traverse ommended practices in Annex 11 apply in NE of the Bates Field localizer NW the transition areas proposed herein those parts of the airspace under the course extending from 5 miles SE to 12 would automatically coincide with the jurisdiction of a contracting state, de­ miles NW of the OM, within 2 miles each floors of the transition areas. rived from ICAO, wherein air traffic serv­ side of a 145° bearing from Bates Field Interested persons may submit such ices are provided, and also whenever a extending from 5 miles to 6 miles SE of written data, views or arguments as contracting state accepts the responsi­ the airport, within a 7-mile radius of they may desire. Communications should bility of providing air traffic services over Brookley AFB (latitude 30°37'39" N., be submitted in duplicate to the Direc­ high seas or in airspace of undetermined longitude 88°04'10" W.), and within 2 tor, Southern Region, Attention; Chief, sovereignty. A contracting state accept­ miles each side of the Brookley VORTAC Air Traffic Division, Federal Aviation ing such responsibility may apply the 140“ radial extending from the VORTAC Agency, Post Office Box 20636, Atlanta, international standards and recom­ to 12 miles SE; including that airspace Ga., 30320. All communications received mended practices to civil aircraft in a extending upward-from 1,200 feet above within 30 days after publication of this manner consistent with that adopted for the surface within the area bounded by notice in the F ederal R egister will be airspace under its domestic jurisdiction. a line beginning at latitude 30°14'00" N., considered before action is taken on the In accordance with Article 3 of the longitude 88°01'30" W. extending to proposed amendment. No hearing is Convention on International Civil Avia­ latitude 30°32'00" N., longitude 88°15'- contemplated at this time, but arrange­ tion, Chicago, 1944, state aircraft are 00" W., thence to latitude 30°32'00" N., ments for informal conferences with exempt from the provisions of Annex 11 longitude 88°37'00" W., thence N along Federal Aviation Agency officials may be and its standards and recommended longitude 88°37'00" W. to the S edge of made by contacting the Chief, Air Traf­ practices. As a contracting state, the V-222, thence E along the S edge of fic Division. Any data, views or argu­ United States agreed by Article 3(d) that V-222 to the W edge of V-209, thence S ments presented during such conferences its state aircraft will be operated in in­ along the W edge of V-209 to latitude must also be submitted in writing in ac­ ternational airspace with due regard for 31°15'00" N., thence to latitude 31°15'- cordance with this notice in order to be­ the safety of civil aircraft. 00" N., longitude 87°55'00" W., thence come part of the record for consideration. Since this action involves, in part, the to the intersection of the E boundary of The proposal contained in this notice designation of navigable airspace out­ V-20S and latitude 31°00'00" N., thence may be changed in the light of comments side the United States, the Administrator to latitude 30°50'00" N., longitude 87°- received. has consulted with the Secretary of State 48'00" W., thence along a line to lati­ The official Docket will be available and the Secretary of Defense in accord­ tude 30°41'30" N., longitude 87°59'30" for examination by interested persons at ance with the provisions of Executive W. to its intersection with a 15-nautical- the Southern Regional Office, Federal Order 10854. mile radius arc centered at Brookley Aviation Agency, Room 724, 3400 Whip­ Interested persons may participate in AFB (latitude 30°37'39" N., longitude ple Street, East Point, Ga. the proposed rule making by submitting 88°04'10" W.), thence clockwise along This amendment is proposed under such written data, views, or arguments as the 15-nautical-mile arc to a line 6 miles section 307(a) of the Federal Aviation they may desire. Communications Act of 1958 (49 U.S.C. 1348(a) ). should identify the airspace docket N of and parallel to the Brookley VOR­ number and be submitted in triplicate TAC 102° radial, thence eastward along Issued in East Point, Ga., on April 16, to the Director, Western Region, Atten­ this line to its intersection with a 25-mile 1965. tion; Chief, Air Traffic Division, Federal arc centered on NAAS Saufley Field, P aul H. Boatman, Aviation Agency, 5651 West Manchester Pensacola, Fla., thence counterclockwise Acting Director, Southern Region. Avenue, Post Office Box 90007, Airport along this arc to a line 4 miles S of and [F.R. Doc. 65-4347; Filed, Apr. 26, 1965; Station, Lps Angeles, Calif., 90009. All parallel to the Brookley VORTAC 102° 8:47 a.m.] communications received within 45 days 5858 PROPOSED RULE MAKING

after publication of this notice in the extending upward from 1,200 feet above the use of 8mm film for microfilming F ederal R egister will be considered be­ the surface centered on the North Bend, certain records. The United States In­ fore action is taken on the proposed Oreg., VOR 239° True radial, 10 miles in dependent Telephone Association, in a amendments. The proposals contained width at the VOR with each boundary letter to the Commission dated March 5, in this notice may be changed in the diverging at an angle of 5 degrees with 1965, supports AT&T’s proposal and light of comments received. the centerline and extending to the east states that its Accounting Committee is An official docket will be available for boundary of the Oakland Oceanic con­ in full agreement with AT&T’s proposed examination by interested persons at the trol area, excluding the portion at 2,000 changes and the reasons therefor. Federal Aviation Agency, Office of the feet m.s.l. and below southwest of a 3. AT&T states in its request that General Counsel, Attention: Rules Doc­ point 20 miles southwest of the North there has been a growing concern in the ket, 800 Independence Avenue SW., Bend VOR. This action would be nec­ Bell System over the volume of records Washington, D.C. An informal docket essary to provide continuity in the con­ being retained in compliance with the also will be available for examination at figurations of the proposed controlled current requirements of Part 42 of the the office of the Regional Air Traffic terminal airspace. Finally, the North Commission’s rules and that most of the Division Chief. Bend control area extension would be associated companies have reached the The Federal Aviation Agency has com­ revoked. stage where they will have to obtain pleted a comprehensive review of the Specific details of the changes for pro­ additional quarters for record storage. terminal airspace structure requirements cedures and minimum instrument flight AT&T states that the main area of its in the North Bend, Oreg., terminal area, rules that would be required may be ex­ concern is the volume of detailed rec­ including studies attendant to the im­ amined by contacting the Chief, Air­ ords relating to plant constructed during plementation of the provisions of CAR space Utilization Branch, Air Traffic Di­ the expanding construction programs Amendments 60-21/60-29. As a result, vision; Western Region, FAA, 5651 West following World War I. These records, the FAA proposes to redescribe the North Manchester Avenue, Post Office Box which are now over 40 years old, include Bend control zone as that airspace within 90007, Airport Station, Los Angeles, Calif., details of summarization and distribu­ a 5-mile radius of North Bend Municipal 90009. tion supporting journal entries, certain Airport (latitude 43°25'00" N., longitude These amendments are proposed un­ vouchers, summaries of payroll distribu­ 124°14'45" W .); within 2 miles each side der the authority of sections 307 (a) and tion and related work sheets, supporting of the North Bend VOR 044° True radial, 1110 of the Federal Aviation Act of 1958 details and summaries of continuing extending from the 5-mile radius zone (49 U.S.C. 1348 and 1510), and Executive property record items, work sheets and to 9.5 miles northeast of the VOR; and Order 10854 (24 F.R. 9565). records of periodic reconciliations of within 2 miles each side of the North Issued in Washington, D.C., on April continuing property records, cost records Bend VOR 111° True radial, extending 16, 1965. of estimates or other work authoriza­ from the 5-mile radius zone to 9 miles H . B. H elstrom , tions, lists of retirement unit costs, un­ east of the VOR. The control zone, as Acting Chief, Airspace Regulations derlying records of inventories, apprais­ proposed, is necessary to protect aircraft and Procedures Division. als and separations, detailed invoices for executing instrument approach and de­ material and supplies, disbursement rec­ parture procedures at North Bend Mu­ [F.R. Doc. 65-4348; Filed, Apr. 26, 1965; ords of material and supplies and other nicipal Airport. Because of rising ter­ 8:47 a.m.] detailed records of material and supplies rain, the control zone extensions based stock. AT&T further states that the on the North Bend VOR 044° and 111° foregoing detailed records support sum­ True radials are required to provide pro­ mary records which will be “perma­ tection for aircraft departing the North FEDERAL COMMUNICATIONS nently” retained and which include such Bend Airport until these departures items as journal entries, plant account reach 700 feet above the surface. COMMISSION ledgers, reserve account ledgers, mortal­ A transition area is proposed at North [ 47 CFR Parts 31, 42 ] ity records and depreciation and amorti­ Bend as that airspace" extending upward zation ledgers. Of the present plant from 700 feet above the surface within [Docket No. 15963; FCC 65-314] investment of the Bell System, AT&T 2 miles each side of the North Bend VOR UNIFORM SYSTEM OF ACCOUNTS states that less than 2 percent is more than 40 years old and it sees no justifica­ 004° True radial, extending from the VOR AND PRESERVATION OF RECORDS to 6.5 miles north of the VOR; within 2 tion for retaining such detailed records, miles each side of the North Bend VOR Proposed Retention Periods and Item particularly in view of the substantial 023° True radial, extending from the Descriptions expense involved in their retention. VOR to 7 miles northeast of the VOR; 4. To establish a scheduled period for within 2 miles each side of the North In the matter of amendment of Part retention during which AT&T believes Bend VOR 044° True radial, extending 42 (Preservation of Records of Commu­ detailed records might reasonably be ex­ from 9.5 miles to 13.5 miles northeast nication Common Carriers) of the Com­ pected to be useful and one which it of the VOR; within 2 miles each side of mission’s rules and regulations to revise believes would span the expected average the North Bend VOR 090° True radial, certain retention periods and item de­ life of most plant, it suggests a 40-year extending from the arc of a 5-mile radius scriptions and to permit the use of 8mm maximum retention period for all items circle centered on the North Bend Air­ film for microfilming certain records; pertaining to original detailed records of port to 8 miles east of the VOR; within and related amendment of Part 31 (Uni­ plant. For other categories of records 2 miles each side of the North Bend VOR form System of Accounts for Class A and presently required to be retained per­ 111° True radial, extending from 9 miles Class B Telephone Companies) of the manently, such as cash books, certain to 13 miles east of the VOR, and within rules; Docket No. 15963 (RM-730). vouchers, and reports to securities ex­ 2 miles each side of the North Bend VOR 1. Notice is hereby given of proposed changes and the Securities and Exchange 182° True radial extending from 2 miles rule making in the above-entitled mat­ Commission, it suggests shorter periods to 5 miles south of the VOR; and that ter. for retention since its experience indir airspace extending upward from 1,200 2. The American Telephone & Tele­ cates that virtually no reference is made feet above the surface within 5 miles graph Co. (AT&T), on behalf of itself to the filed records. Revision of some north and 8 miles south of the North and its associated operating companies, other items regarding securities to make Bend VOR 090° and 270° True radials, by letter dated February 16, 1965, re­ them consistent with similar items and extending from 17 miles west to 12 miles quested that the Commission amend some additional minor and clarifying east of the VOR. The transition area is Part 42 (Preservation of Records of Com­ revisions are also included in AT&T’s necessary to protect aircraft executing munication Common Carriers) of its request. approach, missed approach, and depar­ rules and regulations (a) to reduce the 5. AT&T is of the opinion that none of ture procedures at the North Bend Air­ present permanent retention period to the detailed records under consideration port, as well as holding patterns in the 40 years for certain items involving sub­ are vital to the operations of the com­ vicinity of North Bend. sidiary records, (b) to revise the reten­ panies or to comprehensive regulatory In consonance with the designation tion period of some other items, (c) to review of the companies’ operations since of the transition area, Control 1420 clarify or otherwise revise the descrip­ the information contained in these would be redescribed as that airspace tion of certain items, and (d) to permit records is summarized on the permanent Tuesday, April 27, 1965 FEDERAL REGISTER 5859 ledger records and that it has not pro­ these records are not considered to be porting these statements shall be re­ posed a change for any record that is engineering records. tained permanently by the company.” necessary to the proper determination of (j) Retain the present description of If AT&T’s proposal is adopted this sen­ the original cost of plant retired. item 41 relating to periodic reconcilia­ tence should be deleted to remove the 6. If the proposed amendments are tions of continuing property records and conflict with item 45 of Part 42 as pro­ adopted, AT&T estimates that based on mortality summaries but add two sub­ posed for amendment. Furthermore, if the cost of space which would become divisions with separate retention periods the proposal is adopted, minor changes available through the destruction of for these records as follows: appear desirable in the language pro­ records older than the proposed schedule, a. Summary and control sheets used as a posed by AT&T for items 20-b-(l) and an annual savings in excess of a quarter basis of accounting entries or price develop­ 50-b-(2) outlined in paragraphs 8(c) of a million dollars would be realized ment—40 years. and 8(m) , above. The retention period immediately by Bell System companies b. Detailed records and working papers of proposed for item 20-b-(l) is “Per­ and greater savings will be realized each the units (or items) from which the sum­ manently, except optional 3 years after maries are prepared—Until completion of the securities are redeemed, canceled or subsequent year because of the substan­ second following verification and adjustment. tial increase in the volume of such rec­ otherwise retired.” Since the records ords destroyed. In addition, AT&T be­ (k) Revise the description of item referred to are those relating to retire­ lieves that the vacant space which will 49-a by adding the words “and summary ment of stock and long-term debt, there become available as a result of destroying sheets and other data included in would be no occasion for permanent re­ certain records will defer the need for the * official filing submitted to the tention and it is believed that if the additional quarters for storage in the Commission.” proposal is adopted the words “Perman­ future at progressively higher costs. (l) Revise the wording of item 49-b ently, except optional” should be deleted. 7. In addition to its proposals with re­ relating to depreciation and amortization The subaccounts referred to by AT&T spect to retention periods, AT&T pro­ and the retention period to read as under the retention period for item 50- poses amendment of J 42.5 of Part 42 to follows: b-(2) are maintained by Bell System permit the use of 8mm film for micro­ b. Detailed studies supporting deprecia­ companies to facilitate the determination filming records that are required to be tion rates, memoranda, and work sheets sup­ of disposition unit costs for station ap­ retained for periods not exceeding 1 porting computations of depreciation and paratus and it is believed that reference year. amortization rates or expenses, including de­ in Part 42 to subaccounts which are not 8. A summary of AT&T’s proposed velopment of estimated service lives and sal­ prescribed might be confusing to other amendments to § 42.9 of Part 42 relating vage values—Until 40 years after supersedure. companies. If the words “unit valua­ to retention periods follows: (m) Revise item 50-b-(2) relating to tions” were to be substituted for the (a) Revise the retention period from inventories, appraisals and separations words “units subaccounts,” it would “permanently” to “40 years” for the fol­ by adding at the end of the description avoid the inference that subaccounts of lowing items relating to plant: 8-b(l), “and item 58-a” and by amending the account 231 were required. 20-b(5)-(c), 21-e-(3)-(a), 38,45-b-(2)- retention period to read as follows : 10. Since it is not expected that any rule amendments which may be adopted (b), 45-e, 45-f, 45-j, and 56-b-(2). Forty years, except that those used in veri­ (b) Revise the portion of the retention fying and adjusting the disposition units as a result of this proceeding will involve period reading “affecting plant, perma­ subaccounts of account 231 may be destroyed alterations in the “required” manner or nently” to read “affecting plant, 40 years” upon completion of the second following veri­ form of keeping accounts, the six months for the following items: 12-d, 14-d, 21- fication and adjustment. notice provision of section 220(g) of the Communications Act will not apply and m-(2), 21-m-(3), 58-d-(l), and 58-d- (n) Revise the description of item 50- (2). any resulting amendments will conse­ (c) Revise the retention period for b-(3) by including inventories of field quently be made effective the first day items 4-a, 4-b, 4-c, 4-d, 4-f, and 20-b- stocks of station apparatus for consist­ of the month immediately following their (1) which relate to securities to read as ency and by deleting inventories of ma­ adoption. follows: Permanently, except optional terial and supplies since inventories of 11. This notice of proposed rule mak­ 3 years after securities are redeemed, material and supplies are included under ing is issued under authority of sections canceled or otherwise retired. item 5 8-a. 4(i) and 220 of the Communications Act (o) Revise the retention period from of 1934, as amended. (d) Divide item 4-k relating to securi­ “permanently” to “40 years” for item ties issued or assumed into two subdivi­ 55—j—(2) regarding detailed invoices and 12. Pursuant to applicable procedures sions with separate retention periods as credits and supporting records for ma­ set forth in § 1.415 of the Commission’s follows: terial and supplies. rules, interested persons may file com­ k. Security registers and related records: (p) Revise item 76-a relating to cus­ ments on or before June 7, 1965, and (1) Security subscription registers—Per­ tomers’ billing and other accounts re­ reply comments on or before June 28, manently, except optional 3 years aft«: secu­ 1965,. All relevant and timely comments rities are redeemed, canceled or otherwise ceivable by separating it into two sub­ and reply comments will be considered retired. divisions with separate retention periods by the Commission before final action (2) Security transfer, correction, and ex­ as follows: is taken in this proceeding. In reach­ change sheets or registers; and related rec­ a. Record of service and equipment or ing its decision in this proceeding, the ords—6 years after sale, transfer or exchange other continuing record of services or. facili­ Commission may also take into account is completed. ties furnished : (1) Used as a basis for billing only—For other relevant information before it, in (e) Clarify item 8 by deleting item 8-c active accounts, 3 years after record is super­ addition to the specific comments in­ and including the records covered there­ seded; for discontinued accounts, 1 year. vited by this notice. in in item 8-a. (2) Used as a record of location and physi­ 13. In accordance with the provisions (f) Revise the retention period from cal characteristics of plant. (See item 39.) — of § 1.419 of the Commission’s rules and For active accounts, 3 years after record is regulations, an original and fourteen “permanently” to “10 years” for item 15, superseded; for discontinued services, 6 years Cash books. after service is disconnected. copies of all statements or briefs shall be (g) Revise the retention period from furnished to the Commission. “permanently” to “40 years” for item (q) Revise the retention period from Adopted: April 21,1965. “permanently” to “25 years” for item 20-a-(2), Voucher registers and general Released: April 22,1965. voucher distribution summaries. 106-a relating to reports to securities (h) Revise the description of item 39 exchanges. F ederal Communications 9. If AT&T's proposal is adopted, a Commission,1 by deleting the word “engineering” since related change in Part 31, Uniform Sys­ [seal] Ben F. Waple, these records are hot considered to be tem of Accounts for Class A and Class B Secretary. engineering records, and by including Telephone Companies, of the Commis­ [F.R. Doc. 65-4400; Filed, Apr. 26, 1965; tabulating cards in the description. sion’s Rules should also be made. The 8:49 a jn.] (i) Revise the description of item 40 last sentence of paragraph (b) of § 31.- by deleting the word “engineering” since 100:4 reads “The detailed records sup- 1 Commissioners Lee and Cox absent. 5860 PROPOSED RULE MAKING

[ 47 CFR Part 73 ] (a) Assignment of 240A or 292A to Channel No. [Docket No. 15970; FCC 65-327} City Eatontown, for use by Station WHTG- FM, now on Channel 288A and seriously FM BROADCAST STATIONS Present Proposed short-spaced to a co-channel station at Dover, N.J. (the Dover licensee, Drexel Proposed Table of Assignments; Albion, Mich ...... 285A 244A, 285A Hill Associates, Inc., proposes 240A for Albion and Marshall, Mich. this use; the Eatontown licensee, Harold In the matter of amendment of § 73.- Since Channel 244A is technically feasi­ Gade, prefers 292A). 202, Table of Assignments, FM Broad­ ble in a rather large area in southern (b) Assignment of 240A at Point cast Stations (Albion and Marshall, Michigan and northern Indiana and Pleasant (requested by Dorothy Fielder Mich.) ; Docket No. 15970, RM-719. Ohio, comments are also invited on the Brown, d/b as Pleasant Broadcasters, ap­ 1. Notice is hereby given of proposed possible use of this assignment elsewhere. plicant for Channel 292A at Point Pleas­ rule making in the above-entitled matter. 6. The assignments proposed herein ant under the “25-mile rule”). Mrs. are within 250 miles of the United States- Brown also supports use of 292A at 2. The Commission has under con­ Eatontown. sideration the petition filed by Triad Canadian border and require coordina­ tion with the Canadian Government un­ (c) Retention of Channel 292 at Red Stations, Inc., licensee of Station WALM Bank, urged by Jupiter Associates, Inc., (AM), Albion, Mich., on February 2,1965, der the terms of the Canadian-United and amended on March 5, 1965, request­ States FM Agreement of 1947 and the potential applicant for that assignment Working Arrangement of 1963. (Jupiter Associates is a Matawan group, ing the addition of Channels 244A and and is interested in establishing a radio 285A to Marshall, Mich., by deleting 7. Authority for the adoption of the amendments proposed herein is con­ station in or near that community, some Channel 285A from Albion, Mich., as 8 miles from Red Bank). This request follows: tained in sections 4(i), 303 and 307(b) of the Communications Act of 1934, as is made in oppositions to the petitions amended. requesting Channel 292A for Eatontown.1 Channel No. City 8. Pursua'fit to applicable procedures 3. The serious co-channel short spac­ set out in § 1.415 of the Commission’s ing between the Eatontown and Dover Present Proposed rules, interested persons may file com­ stations (46.5 miles compared to 65 miles ments on or before May 21, 1965, and standard minimum separation) has led 285A reply comments on or before May 31, to controversy between the licensees of Marshall, Mich______244A, 285A 1965. All submissions by parties to these stations (see memorandum opin­ this proceeding or persons acting: in be­ ion and order in File Nos. BLH-2260 and 3. Albion, a community of 12,749 per­ half of such parties must be made in BUI-2359, FCC 63-986 and FCC 64-129). sons, is located in Calhoun County, which written comments, reply comments or This serious shortage would of course be has a population of 138,858 persons. It other appropriate pleadings. removed by either of the proposed sub­ has an unlimited time AM station 9. In accordance with the provisions stitutes. The short separations involved (WALM) and one Class A FM assign­ of § 1.419 of the rules, an original and 14 in the proposals, the present Eatontown ment, Channel 285A. Marshall, a com­ copies of all comments, replies, pleadings, operation and the former Red Bank munity of 6,736 is also in Calhoun County briefs, and other documents shall be operation on 292A are as shown in the and is its county seat.1 It has a daytime- furnished the Commission. Attention is Appendix hereto.* (Figures are the only AM station (WMBR) and no FM directed to the provisions of paragraph amount of shortage in miles; all are to assignment. The licensees of the two (c) of § 1.419 which required that any existing stations). AM stations mentioned have filed appli­ person desiring to file identical docu­ 4. Gade and Drexel Hill in their peti­ cations for Channel 285A, BPH-4131, ments in more than one docketed rule tions both call attention to the serious Docket 15548 and BFH-4327, Docket making proceeding shall furnish the short-separation and interference situ­ 15614, both specifying Marshall as the Commission two additional copies of any ation existing with their stations operat­ station location. These applications such document for each additional dock­ ing co-channel, and urge a shift in the have been designated for a comparative et unless the proceedings have been con­ Eatontown assignment, also asserting hearing. They both seek a Marshall sta­ solidated. that the general short-spacing situation tion under the “25 mile rule”, which is will be improved (the details of these applicable here since Marshall is within Adopted: April 21,1965. assertions have been incorporated into 25 miles of Albion, where Channel 285A Released: April 22,1965. the Appendix table). Gade prefers is assigned. Channel 292A because, unlike 240A it 4. Triad submits that the parties have F ederal Communications would not involve a new co-channel short Commission,* separation. It is pointed out that a Class not been able to reach an agreement [seal] Ben F. Waple, whereby the hearing and a delay in the A channel at Eatontown would provide a institution of FM service in the area Secretary. principal-city. signal over all of Red could be avoided and that a final decision [PH. Doc. 65-4398; Filed, Apr. 26, 1965; Bank, some 4 miles away, and Gade pro­ in the hearing is estimated to be about 8:49 am.] poses to provide service to meet that 1 y2 years away. It urges that the as­ community’s needs. Mrs. Brown urges signment of two channels to the Mar­ the assignment of Channel 240A to Point shall area will provide a choice of local [ 47 CFR Part 73 1 Pleasant as a means of affording a prin­ service during nighttime hours and that [Docket No. 15969; FCC 65-326] cipal-city service to that community and Channel 244A can be assigned to Mar­ nearby places, which do not now re­ shall without violating any of the spac­ FM BROADCAST STATIONS ceive such a service. Jupiter Associates, ing rules provided a site is selected south­ in opposing the Gade and Brown peti­ east of the city. Proposed Table of Assignments tions, calls attention to its long interest 5. The Commission is of the view that in getting a station in or near Matawan rule making should be instituted on the In the matter of amendment of (an outstanding Initial Decision would subject request to add a second FM as­ § 73.202, Table of Assignments, FM deny its application for AM facilities signment to the area. However, we be­ Broadcast Stations (Eatontown, Point there on 1530 kc/s; see FCC 63C-140), It lieve that the assignments, in the event Pleasant, and Red Bank, N.J.); Docket No. 15969, RM-574, RM-700, RM-718. 1 The pleadings involved are: “Answer to they are adopted, would be more appro­ 1. Notice is hereby given of proposed priately made to Albion, the much larger Petition for Reconsideration and Petition to community, rather than to Marshall. rule making in the above-entitled matter. change frequency of WHTG-FM” (RM-574) 2. The above-entitled petitions present filed by Drexel Hill (Dover); Petitions for Since the communities are less than 25 the question of the use of two Class A Rule Making filed by Harold Gade (Eaton­ miles from each other, the assignments FM channels in eastern New Jersey—240 town) and Mrs. Brown (Point Pleasant) and would be available to each under the “25 A, not now assigned in the area, and an amendment to the latter filed March 24, mile rule”. We therefore invite com­ 1965 (RM-700 and 718 respectively); opposi­ ments on the following: 292A, assigned to Red Bank but recently tions by Jupiter Associates to these two peti­ vacated. The various uses proposed are: tions; and a reply by Mrs. Brown. _1The largest city in the county, Battle 3 Appendix filed as part of original docu­ Creek, has 1 Class B assignment. 3 Commissioners Lee and Cox'absent. ment. Tuesday, April 27, 1965 FEDERAL REGISTER 5861 calls attention to previous cases in which such parties must be made in written we have expressed reluctance to disturb comments, reply comments or other FEDERAL POWER COMMISSION existing service, and asserts that the re­ appropriate pleadings. sult of the Gade and Brown proposals 9. In accordance with the provisions [18 CFR Parts 154, 157 ] would be to reduce the number of serv­ of § 1.419 of the rules, an original and ices, and competition, in the Eatontown- 14 copies of all comments, replies, plead­ [Docket No. R-199] Red Bank area. ings, briefs, and other documents shall INDEPENDENT PRODUCERS AND IN­ 5. Matawan (population 5,097), Eaton- be furnished the Commission. Atten­ town (population 10,334), and Red Bank tion is directed to the provisions of para­ TERSTATE NATURAL GAS COM­ (population 12,482) are all in Monmouth graph (c) of § 1.419 which require that PANIES County, N.J., which has a population of any person desiring to file identical doc­ 334,401. Point Pleasant (population uments in more than one docketed rule Order Granting Extension of Time and 10,182) is located just below Monmouth making proceeding shall furnish the Denying Petition for Hearing County in Ocean County. There are at Commission two additional copies of any April 20, 1965. present four Class A FM assignments in such document for each additional docket Monmouth County at Asbury Park, Ea- unless the proceedings have been con­ Nonacceptability of contracts be­ tontown, Red Bank, and Long Branch. solidated. tween independent producers and inter­ In Ocean County (population 108,241) state natural gas companies contain­ there is one Class A assignment at Toms Adopted: April 21, 1965. ing certain provisions in daily-contract- quantity and take-or-pay-for clauses. River. Released: April 22, 1965. 6. In the fourth report and order in the An amended notice of proposed rule- overall FM allocation proceeding (Docket F ederal Communications making herein was issued on March 16, No. 14185, FCC 64-919, released October Commission,4 1965, and published in the F’ederal R eg­ 9, 1964, paragraph 37) we stated that, [seal] Ben F. Waple, ister March 20,1965 (30 F.R. 3715). The when a short-spaced channel previously Secretaryv notice invited the submittal of data, occupied becomes vacant, we would give views and comments by April 21, 1965. consideration to the question of whether [FR. Doc. 65-4399; Filed, Apr. 26, 1965; Pan American Petroleum Corp. filed or not it should be deleted from the com­ 8:49 am.] on March 30, 1965, its petition for hear­ munity, taking into account the amount ing and in the alternative request for ex­ of the separation shortage(s), the need tension of time. It requests us to insti­ for assignments elsewhere, the other FEDERAL HOME LOAN BANK BOARD tute an investigatory hearing so as to service available, and other relevant fac­ permit the taking of factual testimony tors. In our view, use of Channel 292A [12 CFR Part 545 1 as a solution to the serious Eatontown- and the filing of briefs upon the issues Dover situation may well be in the public [No. 19,080] raised by the amended notice. The Commission recognizes that a pro­ interest. As shown above, 292A at Ea- FEDERAL SAVINGS AND LOAN tontown would represent an improvement ceeding of the type requested by Pan in over-all spacings, both as compared SYSTEM American may in some circumstances be to continuation of its use at Red Bank Lending Powers; Determination Not a desirable adjunct to a rulemaking pro­ and as compared to the present 288A To Adopt Proposed Amendment ceeding. Since, however, interested per­ assignment at Eatontown. It also ap­ sons may submit, in response to the no­ pears preferable to using 240A for this April 17,1965. tice, whatever factual data they believe substitution, especially since that chan­ necessary in support of their views and nel can be used at Point Pleasant, in an Whereas by Resolution No. 18,818 dated area having generally less service than January 25, 1965, and duly published in comments on the particular proposal un­ the Monmouth County area to the north. the F ederal R egister on January 28, der consideration, orderly procedure sug­ Jupiter Associates’ opposition to the in­ 1965 (30 F.R. 893), this Board proposed, gests that a determination of the need stitution of rule-making on the Gade pursuant to Part 508 of the general reg­ for or desirability of an evidentiary hear­ and Brown proposals must therefore be ulations of the Federal Home Loan Bank ing should be made after and in the light denied. Accordingly, we are proposing Board (12 CFR Part 508) and § 542.1 of of all the submittals made in response to the following amendments to the Table the rules and regulations for the Federal the notice. We are therefore denying of FM Assignments, § 73.202.3 Savings and Loan System (12 CFR 542.1), that § 545.6-1 of the rules and Pan American’s petition at this time regulations for the Federal Savings and without prejudice to the future filing of . Channel No. any such request it may then desire to City (all New Jersey) Loan System be amended by amend­ ments the substance of which was set make. We are, however, granting the re­ Present Proposed out in said publication, and quest for an extension of time to May Whereas all relevant material pre­ 24, 1965. 288A 292A Point Pleasant______240A sented or available having been consid­ The Commission orders: Red Bank. ______... 292A , ered by it; (A) The petition of Pan American, It is resolved that this Board hereby referred to above, is hereby denied. 7. Authority for the adoption of the determines not to adopt the amendment (B) The time within which interested amendments proposed herein is con­ proposed by said Resolution No. 18,818. persons may file data, views and com­ tained in sections 4(i), 303, and 307(b) (Sec. 5, 48 Stat. 132, as amended; 12 U.S.C. ments, set out in paragraph 6 of the of the Communications Act of 1934, as 1464. Reorg. Plan No. 3 of 1947, 12 F.R. 4981, amended notice herein, is enlarged from amended. 3 CFR, 1947 Supp.) April 21 to May 24, 1965. 8. Pursuant to applicable procedures (C) The Secretary shall cause prompt set out in § 1.415 of the Commission’s By the Federal Home Loan Bank rules, interested persons may file com­ Board. publication of this order to be made in the F ederal R egister. ments on or before May 21, 1965, and [seal! H arry W. Caulsen, reply comments on or before May 31, Secretary. By the Commission. 1965. All submissions by parties to this proceeding or persons acting in behalf of [F.R. Doc. 65-4410; Filed, Apr. 26, 1965; [seal! J oseph H. G utride, 8:50 a.m.] a Secretary. 3 If the proposal is adopted, appropriate steps will be taken, to modify the authoriza­ [FR. Doc. 65-4370; Filed, Apr. 26, 1965 tion of WHTG-FM. * Commissioners Lee and Cox absent. 8:47 am.]

No. 80- ■7 Notices

valid claims, certain public lands in the duction Act of 1950, as amended, and DEPARTMENT O H H E TREASURY Gunnison National Forest in the sections Executive Order 10647 of November 28, Bureau of Customs and townships described below. 1955, the following changes have taken The applicant desires the land for place in my financial interests during the [Antidumping—AA 643.3—b] use in connection with Fruitland Mesa past 6 months: PERCHLORETHYLENE SOLVENT FROM Project. (1) No change. For a period of 30 days from the date FRANCE (2) No change. of publication of this notice, all persons (3) No change. Withholding of Appraisement Notice who wish to submit comments, sugges­ (4) No change. tions, or objections in connection with April 21,1965. the proposed withdrawal may present This statement is made as of April 12, The F ederal R egister noticé dated their views in writing to the Land Office 1965. March 8, 1965, is hereby corrected as Manager, Bureau of Land Management, Dated: April 12,1965. follows: Wherever the words “perchlor- Department of the Interior, Colorado Seth N. Witts. ethylene solvent IP-420” appear, they Land Office, Insurance Exchange Build­ should be amended to read “perchlor- ing, 910 15th Street, Denver, Colo., 80202. [F.R. Doc. 65-4359; Filed, Apr. 26, 1965; ethylene solvent.” » If circumstances warrant it, a public 8:47 a.m.] hearing will be held at a convenient time This amendment shall take effect as and place, which will be announced. of its date of issuance. The determination of the Secretary DEPARTMENT OF COMMERCE [seal! Lester D. J ohnson, on the application will be published in Acting Commissioner of Customs. the F ederal R egister. A separate no­ National Bureau of Standards tice will be sent to each interested party [F.R. Doc. 65-4408; Filed, Apr. 26, 1965; RADIO STATION WWVHr MAUI, 8:50 a.m.] of record. The lands affected are: HAWAII New Mexico Principal Meridian, Colo. Notice of Improved Service SPECIAL CUSTOMS INVOICE T. 50 N., R. 4 W., Notice is hereby given of an improved In sections 5 and 6. Notice of Intention To Delay Require­ T. 50 N., R. 5 W., service to be provided by radio station ment of Revised Customs Form 5515 In sections 13, 14, 23, and 24. WWVH effective June I, 1965. T. 51 N., R. 4 W., Broadcasts using the same modulation April 19,1965. ' In sections 20, 21, 28, 29, 30, 31, and 32. format as on other frequencies will be On February 27, 1965, the Bureau of commenced on 2.5 MHz. This service is Customs published a notice of a public Lands proposed to be withdrawn in the designed to improve the accuracy with hearing regarding revisions in customs above designated areas aggregate ap­ which WWVH broadcasts may be re­ Form 5515, Special Customs Invoice proximately 2,160 acres. ceived in the Hawaiian Island area. Form, which is employed pursuant to W. F. Meek, A. V. Astin, § 8.15 of the Customs Regulations (19 Land Office Manager. Director. CFR 8.15). [F.R. Doc. 65-4357; Filed, Apr. 26, 1965; [F.R. Doc. 65-4353; Filed, Apr. 26, 1965; As a result of comments and submis­ 8:47 a.m.] sions received at that hearing, the Bu­ 8:47 a.m.[ reau of Customs has determined that further revision of the form is desirable. Office of the Secretary Pending this revision, collectors of cus­ DEPARTMENT OF AGRICULTURE toms wjll accept either the previous edi­ ALEXANDER S. CHAMBERLAIN tion of customs Form 5515 (without ques­ Consumer and Marketing Service tions 8 and 9 under section V), or the Statement of Changes in Financial NATIONAL TECHNICAL SUPERVISOR current edition of customs Form 5515, Interests Delegation of Authority but shall not require that either ques­ In accordance with the requirements of tions 8 or 9 in section V be completed. section 710(b) (6) of the Defense Pro­ Pursuant to authority delegated to me J ames A. R eed, duction Act of 1950, as amended, and by order of the Director, Poultry Divi­ Assistant Secretary Executive Order 10647 of November 28, sion, Consumer and Marketing Service, of the Treasury. 1955, the following changes have taken dated April 20, 1965, the following func­ place in my financial interests during the tions vested in me by said order are [F.R. Doc. 65-4409; Filed, Apr. 26, 196.5; 8:50 ajn.] past 6 months: hereby redelegated as follows: (1) None. To the National Technical Super­ (2) None. visor—Shell Eggs, the approval and dis­ (3) None. approval of labels and performance of DEPARTMENT OF THE INTERIOR (4) None. related functions under the regulations This statement is made as of April 15, in 7 CFR Part 56. Bureau of Land Management 1965. To the National Technical Super­ visor—Egg Products, the approval and COLORADO Dated: April 15,1965. disapproval of labels and performance Notice of Proposed Withdrawal and Alex S. Chamberlain. of related functions and the approval and disapproval of plant facilities and Reservation of Lands [F.R. Doc. 65-4358; Filed, Apr. 26, 1965; 8:47 a.m.] equipment under the regulations in 7 April 20, 1965. CFR Part 55. The Bureau of Reclamation of the To the National Technical Super­ Department of the Interior has filed an SETH N. WITTS visor—Poultry, the approval and disap­ application, Serial Number Colorado proval of labels and performance of re­ Statement of Changes in Financial lated functions under the regulations in C-0125201, for the withdrawal from lo­ Interests cation and entry under the general min­ 7 CFR Parts 54 and 70 insofar as such ing laws, and the mineral leasing laws In accordance with the requirements Parts concern performance of grading except oil and gas, subject to existing of section 710(b) (6) of the Defense Pro­ service. 5862 Tuesday, April 27, 1965 FEDERAL REGISTER 5863

No delegation made herein shall pre­ determination with respect to denial of No delegation made herein shall pre­ clude the Chief, Grading Branch, Poul­ service under the Agricultural Marketing clude the Chief, Inspection Branch, try Division or the Director, Poultry Act. Poultry Division or the Director, Poultry Division from performing any of the This supersedes all previous delega­ Division from performing any of the functions or exercising any of the powers tions of authority issued by the Director functions or exercising any of the pow­ delegated hereby. The delegations made of the Poultry Division, Consumer and ers delegated hereby. The delegations hereby are subject at all time to with­ Marketing Service, with respect to the made hereby are subject at all times to drawal or amendment and are subject grading and inspection of the aforesaid withdrawal or amendment, and are sub­ to reservations made in the order of the products. ject to reservations made in the order of the Director dated April 20, 1965. Director dated April 20, 1965. Done at Washington, D.C., this 20th day of April 1965. Done at Washington, D.C., this 20th Done at Washington, D.C., this 20th day of April 1965. H ermon I. M iller, day of April 1965. L. V. Sanders, Director, Poultry Division, Chief, Inspection Branch, Poul­ Bernard W. K empers, Consumer and Marketing Service. Chief, Grading Branch Poultry try Division, Consumer and Division, Consumer and Mar­ [FJR. Doc. 65-4366; Filed, Apr. 26, 1965; Marketing Service. 8:47 am .] keting Service. [F.R. Doc. 65-4367; Filed, Apr. 26, 1965; 8:47 am.] {F.R. Doc. 65—4365; Piled, Apr. 26, 1965; 8:47 a.m.] HEADS, FACILITIES SECTION AND POULTRY PRODUCTS SECTION DEPARTMENT OF HEALTH, EDU­ GRADING AND INSPECTION Delegation of Authority Pursuant to authority delegated to me CATION, AND WELFARE Delegation of Authority by order of the Director, Poultry Divi­ Food and Drug Administration (a) Pursuant to the authority vested sion, Consumer and Marketing Service, in me by the Administrator, Consumer dated April 20,1965, the following func­ ELANCO PRODUCTS CO. and Marketing Service' (30 P.R. 1260), tions vested in me by said order are here­ there is hereby delegated to the Chief, by redelegated as follows; Notice of Filing of Petition for Food Inspection Branch and to the Chief, To the Head, Facilities Section, the Additives Tylosin, Sulfamethazine, Grading Branch, Poultry Division, Con­ approval and disapproval of plant fa­ and Streptomycin sumer and Marketing Service, as pro­ cilities and equipment under the regula­ vided hereinafter, the authority to carry tions in 7 CFR Parts 54, 70, and 81 inso­ Pursuant to the provisions of the Fed­ out all functions of the Secretary or the far as such Parts concern performance eral Food, Drug, and Cosmetic Act (sec. Administrator under the rules and regu­ of inspection service. 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 lations contained in 7 CFR Parts 54, 55, To the Head, Poultry Products Section, (b) (5)), notice is given that a petition 56, 70, and 81, governing the grading the approval and disapproval of labels (FAP 5C1605) has been filed by Elanco and Inspection of domestic rabbits and and performance of related functions Products Co., a division of Eli Lilly & edible products thereof ; the grading and under the regulations in 7 CFR Parts Co., Indianapolis, Ind., 46206, proposing inspection of egg products; the grading 54, 70, and 81 except functions in con­ an amendment to § 121.217 Tylosin to of shell eggs; the grading and inspection nection with any hearing and final de­ provide for the safe use of tylosin, sulfa­ of poultry and edible products thereof; termination under section 8 of the Poul­ methazine, and streptomycin in swine and the inspection of poultry and poultry try Products Inspection Act. feed, as follows: products, respectively, except for func­ Principal Grams Grams tions reserved in paragraph (e). The ingredient per Combined with— per Tifm1t.ftt.inns Indications for use _ Chief of the Inspection Branch and the ton ton Chief of the Grading Branch may re­ delegate the functions so delegated to 100 Sulfamethazine 100 For swine; as tylosin For maintaining weight gains them to appropriate officials within their 4-streptomycin. 50phosphate and and feed efficiency in the pres­ streptomycin sul­ ence of atrophic rhinitis and respective Branches. fate; withdraw 5 lowering the incidence and (b) The delegation to the Chief of days before severity of bordetella and tur­ slaughter. binate atrophy; prevention of the Grading Branch shall relate to func­ bacterial swine enteritis (Sal­ tions under the regulations in Parts 54, monella or necrotic enteritis 55, 56, and 70 pertaining to the grading caused by Salmonella eholerae- of poultry, poultry products, rabbits and suis and vibrionic dysentery). shell eggs, and both the grading and inspection of egg products. Dated; April 21,1965. (c) The delegation to the Chief of the J. K. K irk, Inspection Branch shall relate to func­ Assistant Commissioner for Operations. tions under the regulations in Parts 54, ]FJB. Doc. 65-4393; Filed, Apr. 26,1965; 8:49 am.] 70, and 81 pertaining to the inspection of poultry, poultry products and rabbits. (d) No delegation made herein shall UNITED STATES RUBBER CO. hesives” the item “Ethylene-propylene- dicydopentadiene copolymer rubber.” It preclude the Director, Poultry Division, Notice of Filing of Petition for Food Consumer and Marketing Service, from is further proposed that paragraph (c) performing any of the duties or exercis­ Additives Adhesives and Rubber (4) (i) of § 121.2562 Rubber articles in­ ing any of the functions or powers dele­ Articles Intended for Repeated Use tended for repeated vee be amended by inserting in the list of elastomers the gated hereby. The delegations made Pursuant to the provisions of the Fed­ hereby are subject at all times to with­ item * ‘Ethylene-propylene - dicy clopenta - eral Food, Drug, and Cosmetic Act

V. 5864 NOTICES

participate in the traffic.2 As an alterna­ service mail rates applicable to mail car­ CIVIL AERONAUTICS BOARD tive to such a comprehensive solution, ried by Delta Air Lines, Inc., are: however, it requests that specific equal­ [Docket No. 15954; Order E-22069] Per pound ized rates be established for it between emplaned DELTA AIR LINES, INC. San Juan, on the one hand, and Los An­ San Juan-Los Angeles______$0.5779324 geles, Dallas, Houston, San Francisco, San Juan-Dallas______.3917835 Order To Show Cause and Memphis, on the other. San Juan-Houston______.37i5696 National has filed an answer taking San Juan-San Francisco______.6204721 Adopted by the Civil Aeronautics San Jüan-Memphis______.3643288 Board at its office in Washington, D.C., the position that the issue of whether on the 22d day of April 1965. Delta Air Delta’s New Orleans-San Juan service 3. Such temporary service mail rates Lines, Inc., has filed a petition seeking an should be made subject to the domestic shall be effective commencing on the equalization of its service mail rates ap­ rate is before the Board in Dockets 15381, date of the final order herein, and shall plying between interior points and San and 15726, and should not be decided un­ be paid in their entirety by the Postmas­ Juan via the New Orleans gateway with til the evidence in these proceedings has ter General pursuant to section 406(c) the rates applying over the routes of been weighed. National thus opposes of the Federal Aviation Act of 1958, and other carriers using the Miami gateway. any change in Delta's rate and its partic­ no part of such amounts shall be paid Delta’s problem arises out of the fact ularly opposes any grant of authority to by the Board. that its foreign and overseas services out Delta to reduce its raté in markets other Accordingly, pursuant to the Federal of New Orleans are subject to the Latin than those specifically mentioned in its Aviation Act of 1958, and particularly American Service Mail Rate (E-9695, petition. sections 204(a) and 406 thereof, and pur­ October 27, 1955, 21 C.A.B. 961) while Delta provides the only single carrier suant to the regulations promulgated in the entire system of Eastern Air Lines, service in the markets mentioned above, 14 CFR Part 302, It is ordered that: Inc., including its route between Miami and it appears that the Postmaster Gen­ 1. All interested persons, and parti­ and San Juan is subject to the domestic eral desires to use its service. It is the cularly Delta Air Lines, Inc., Eastern Air multielement rate (E-9284, June 7, 1955, Postmaster General’s policy to dispatch Lines, Inc., National Airlines, Inc., Pan 21 C.A.B. 8) } mail on the carrier having the lowest rate American World Airways, Inc., and the Thus, until recently, Delta’s direct except where service considerations dic­ Postmaster General, are directed to show routing between San Juan and New Or­ tate otherwise. It has therefore been cause why the Board should not adopt leans took a substantially higher mail the policy of the Board to construct mail the foregoing proposed findings and con­ rate resulting in a higher delivered cost rates so that the mail may be routed on clusions and fix, determine and publish to the post office than the routing via the basis of service rather than price con­ the rates stated in numbered paragraph Miami. However, by Order E-20839, May siderations. Thus, equalizations similar two of the foregoing proposed findings 20, 1964, pursuant to a petition by Delta to those sought by Delta have been and conclusions as the fair and reason­ supported by the Postmaster General, effected in a number of recent actions.® able temporary rates of compensation to Delta’s New Orleans-San Juan route was For the reasons noted above, the Board be paid to Delta for the transportation assigned a ton-mile rate producing a has decided that it should propose an of mail by aircraft, the facilities used yield equal with that produced by the equalization of Delta’s mail rates in the and useful therefor, and the services con­ rate applying to the New Orleans-San five mentioned markets. However, it nected therewith, between the points Juan routing via Miami. .The rate via does not believe that the broader relief stated in numbered paragraph two, to be Miami consisted of the domestic multi­ sought by Delta should be granted at this effective on and after the date of the element line-haul charge plus a termi­ time. Both , the domestic and Latin final order herein. nal charge at Miami where Eastern’s do­ American rates are now open. Proce­ 2. Further procedures herein shall be mestic and international systems meet. dural dates have been set in the domestic in accordance with 14 CFR Part 302, and Thus, Delta’s New Orleans-San Juan rate case, Docket 15726, and it is excepted if there is any objection-io the rate or was constructed to include the Miami that this proceeding will move ahead to the other findings and conclusions pro­ terminal charge despite the fact that it expeditiously. Because of this overall posed herein, notice Of objection shall be used nonstop routing out of New Orleans. review, it appears appropriate for us to filed within 7 days, and written answer While Order E-20839 placed Delta on deal only with the specific problem areas and supporting documents shall be filed a competitive footing with respect to at this time. Broad policy questions, within 15 days, after the date of service mail originating at New Orleans and des­ such as those relating to rate structure of this Order. tined to San Juan, it has remained at should await a thorough evaluation of 3. If notice of objection or answer is a disadvantage in the case of mail dis­ all relevant facts and circumstances. not filed, as specified in 14 CFR Part 302 patched between San Juan and interior Upon consideration of the foregoing and this order, all persons shall be U.S. points which would ordinary transit petition of Delta, the answers of Na­ deemed to have waived further proce­ New Orleans. In addition to the termi­ tional, the Postmaster General, and mat­ dural steps herein before an order fixing nal charge at points of origin which ap­ ters officially noted, the Board proposes the temporary rate,- and the Board may plies to all carriers, Delta’s single ele­ to issue an order to include the following enter an order incorporating the findings ment New Orleans-San Juan rate is con­ findings and conclusions: and conclusions proposed herein and fix­ structed to reflect the two additional 1. The current service mail rates of ing and determining the temporary rate terminal charges that would apply on Delta Air Lines, Inc., between San Juan, herein specified. local New Orleans-San Juan mail tran­ P.R., on the one hand, and Los Angeles, 4. If any answer is filed presenting is­ siting Miami, i.e:, one at New Orleans, Calif., San Francisco, Calif., Dallas, Tex., sues for hearing, the issues involved and one at Miami. Thus, Delta’s rate Houston, Tex., and Memphis, Tenn., are thereafter in determining the fair and over the routing between San Juan and open pursuant to the petition of the reasonable temporary rate shall be lim­ interior points via New Orleans actually Postmaster General in Dockets 15381 ited to those specifically raised by the includes a total of three terminal charges and 15726. answer, except insofar as other issues are while mail from the same interior points 2. For the respective markets listed be­ raised in accordance with 14 CFR 302.307. traveling over connective service through low, the fair and reasonable temporary 5. This order shall be served upon Delta Air Lines, Inc., Eastern Air Lines, Inc., Miami only pays two terminal charges National Airlines, Inc., Pan American (one at point of origin and one at Miami). 2 The Postmaster General has filed an an­ World Airways, Inc., and the Postmaster Delta, in effect, requests authority to swer supporting Delta’s petition but suggest­ ing that the New Orleans-San Juan system be General. equalize its rate between San Juan with made subject to the domestic multielement the lowest rate applicable on other , car­ This order will be published in the rate. Delta, however, seeks only authority to F ederal R egister. riers in any case where it may be able to reduce its New Orleans-San Juan rate so that in combination with the rate from New Or­ By the Civil Aeronautics Board. leans to the interior point a charge equal to 1For its Miami-San Juan services, Pan that applying over the routes of other car­ [seal] Harold R. Sanderson, American World Airways, Inc., was assigned riers is produced. v, Secretary. a rate equal with that of Eastern in the Latin American Order. 3 See, eg, E-20744, Apr. 27, 1964, E-21553, [F.R. Doc. 65-4395; Filed, Apr. 26, 1965; Dec. 3,1964. 8:49 a.m.] Tuesday, April 27, 1965 FEDERAL REGISTER 5865 [Docket No. 16077] a determination was issued that the The existing structure is located within structure would not exceed the criteria. the District of Columbia, 6.5 miles north­ SENECA AIR SERVICES LIMITED On August 10, 1964, the Agency was ad­ west of the airport reference point of Notice of Hearing vised of the construction of the tower off Washington National Airport. The the end of the runway as previously structure would penetrate the outer hori­ Application for a foreign air carrier described. . zontal surface, § 77.25(c) (1) of the Fed­ permit, issued pursuant to section 402 of When asked for an explanation, the eral Aviation Regulations, for the Wash­ the Federal Aviation Act of 1958, as proponent advised that the site of con­ ington National Airport by 834 feet; amended, to perform operations of a struction was as planned, the coordinates § 77.27(a) as applied to Runway 15, by casual, occasional or infrequent nature, had not been checked out but were taken 834 feet; § 77.23(a)(1) by 482 feet and in common carriage, from Canada into from a previous license and apparently § 77.23(a) (2), as applied to VOR Federal the United States. were inaccurate. Airways Nos. V-3 and V-8, by 782 feet. Notice is hereby given, pursuant to the Upon receipt of this information the The aeronautical study disclosed that provisions of the Federal Aviation Act of Central Region issued a preliminary de­ the proposed increase in height to the 1958, as amended, that a hearing on the termination that the structure would be existing- television antenna structure above-entitled application is assigned to a hazard to aeronautical operation at would have the following effects upon be held on May 6,1965, at 10 am., e.d.s.t. Westport Airport. The complete aero­ instrument flight rules, aeronautical op­ in Room 701, Universal Building, nautical study was conducted at the erations, procedures and minimum flight Connecticut and Florida Avenues NW., request of the proponent. altitudes: Washington, D.C., before Examiner The study disclosed that aircraft land­ 1. Federal airways. A. Increase the Joseph L. Fitzmaurice. ing on or taking off from the north/south minimum en route altitude from 2,000 Dated at Washington, D.C., April 21, runway are required to pass in dangerous feet to 2,300 feet on V-3 between the 1965. lateral and vertical proximity to the Bethesda and Burke Intersections. structure, or to take diversionary action B. Increase the minimum en route al­ I sealI F rancis W. Brown, to avoid it at a time when the pilot’s titude from 2,200 feet to 2,300 feet on Chief Examiner. attention is directed towards extremely V—8 between the Ashbum Intersection [FJl. Doc. 65-4396; FUed, Apr. 26, 1965; critical phases of flight at low altitudes. and Washington VOR. 8:49 a.m.] Based upon the aeronautical study, it 2. Holding procedures. Increase from is the finding of the Agency that this 2.000 feet to 2,300 feet the minimum structure has a substantial adverse effect holding pattern altitude at the following upon aeronautical operations and proce­ fixes FEDERAL AVIATION AGENCY dures at the Westport Airport. A. Washington VOR. {OE Docket No. 65-CE-8J Therefore, pursuant to the authority B. Georgetown Radio Beacon (RBN). delegated to me by the Administrator 3. Transition procedures. Increase DIAMOND ENGINEERING CO. (§ 77.37), it is found that this structure from 2,000 feet to 2,300 feet the transi­ has a substantial adverse effect upon the tion altitude for the following route seg­ Determination of Hazard to Air safe and efficient utilization of navigable ments: Navigation airspace; and it is hereby determined A. Herndon VORTAC to the Washing­ The Federal Aviation Agency has cir­ that the structure is a hazard to air ton VOR. cularized the following proposal for aero­ navigation. B. Potomac Intersection to the Wash­ nautical comment and has conducted a This determination is effective and will ington VOR. study (CE-OE—5544) to determine its ef­ become final 30 days after the date of C. Andrews 1FR to the Washington fect upon the safe and efficient utilization issuance unless an appeal is filed under VOR. of the navigable airspace. § 77.39 (27 F.R. 10352). If the appeal is D. Nottingham VOR to the Washing­ Diamond Engineering, Inc., Wichita, denied, the determination will then be­ ton VOR. Kans., has constructed a radio antenna come final as of the date of the denial or E. Unity Intersection to the George­ structure at latitude 37°39'03'' N., longi­ 30 days after the issuance of the deter­ town RBN. tude 97°22'55" W., near Wichita, Kans. mination, whichever is later. F. Andrews LFR to the Georgetown The overall height of the structure is Issued in Washington, D.C., on April RBN. 1,439 feet above mean sea level (MSL) G. Herndon VORTAC to the George­ 16,1965. town RBN. (149 feet above ground). J oseph Vivari, The structure is located approximately Acting Chief, H. Georgetown RBN to the ILS outer/ 250 feet north of the north end and just Obstruction Evaluation Branch. marker/locator; 9 off the extended centerline of the north/ j. Potomac Intersection to the ILS south runway of the Westport Airport, [F.R. Doc. 65-4349; Filed, Apr. 26, 1965; outer/marker/locator. Wichita, Kans. It exceeds the non­ 8:47 a.m.] 4. Missed approach procedures. In­ instrument approach area surface as de­ crease the missed approach altitude from scribed in § 77.27(b) (2) of the Federal 2.000 to 2,300 feet at: Aviation Regulations (FAR) by its entire [OE Docket No. 65-EA-4] A. Georgetown RBN. height. B. Potomac Intersection. EVENING STAR BROADCASTING CO., 5. Straight-in minimums. The The original Form FAA-117, Notice of INC. Proposed Construction or Alteration, changes required under Item 4 would specified geographical coordinates as fol­ result in the following increases to Determination of Hazard to Air straight-in m inimum s: lows: Latitude 37D39'03" N., longitude Navigation 97°22'36" W., and a height of 100 feet A. AL-443-ILS, Runway 36, increase above ground. Upon being advised that The Federal Aviation Agency has cir­ from 200 feet and Vz mile to 400 feet the structure would not appear to exceed cularized the following proposal for aero­ and 1 mile. the criteria contained in Part 77, FAR, nautical comment and has conducted a B. AL-443-VOR, Runway 36, increase thè proponent advised he would file an study (EA-OE-5592), to determine its from 500 feet and 1 mile to 600 feet and amended notice requesting height of effect upon the safe afrid efficient utiliza­ 1 mile. 149 feet above ground. tion of navigable airspace. 6. Circling minimum. The changes re­ The aeronautical study was conducted The Evening Star Broadcasting Co., quired under Item 4 would also necessi­ on the basis of the coordinates submitted Inc. (WMAL-TV), Washington, D.C., tate the increase in the circling minimum in the original notice. At this location proposes to increase the height of its to Runway 33 from 500 feet and 1 mile the structure would be approximately existing antenna tower located within to 600 feet and 1 mile under AL-443- 2,300 feet east of the runway centerline Washington, D.C., at latitude 38°56'09.4" VOR, Runway 36 instrument procedure. of the Westport Airport. A structure 149 N., longitude 77°05'33.4" W. The over­ 7. Standard instrument departure feet above ground would not violate any all height of the structure would be 1,349 (.SID) procedures. Aircraft departing of the imaginary surfaces described in feet above mean sea level (982 feet above Washington National Airport via the Part 77, consequently, on April 9, 1964, ground). SID-Shenandoah One Departure, pro- 5866 NOTICES

ceed via the Washington VOR 331 radial. Washington National Airport generat­ an aeronautical study (EA-OE-5726) to The proposed structure would result in ed 259,802 instrument operations during determine its effect upon the safe and a slope greater than the prescribed 40:1 Fiscal Year 1964, establishing its ap­ efficient utilization of the navigable air­ for departures. proach control facility as the third- space. 8. Landing minimums. Increase ranked facility in the nation in this cate­ Orville J. Sather, New York, N.Y., from 900 feet to 1,600 feet the minimums gory. Andrews AFB, which is under the proposes to construct an array of three required for aircraft utilizing the AL- Washington tower’s approach control radio antenna structures at latitude 40 °- 443-ADF-2 approach procedure for jurisdiction, generated 88,817 instru­ 47'30" N., longitude 74°05'38" W., near Runway 15. ment operations. Both radar and non­ Secaucus, N.J. The overall height of the 9. PAR Approach to Runway 36. In­ radar operations are conducted. In the structures would be 695 feet above mean crease the minimums required for the event of radar outage, a significant ef­ sea leVel (689 feet above ground). Runway 36 PAR Approach from 200 feet fect would be felt in the resultant slow­ The structures would be within the and V2 mile to 400 feet and 1 mile. down of air traffic in the approach con­ boundaries of VOR Federal airways Nos. 10. Radar procedures. A. The cardi­ trol area. 153 and 226 and within the Teterboro nal altitude on radar vectors within The volume of instrument operations control zone. They would exceed the three miles of the proposed antenna in the Washington area dictates that standards for determining hazards to tower would be lost. none of the existing useable navigable air navigation, as defined in § 77.23(a) B. In the event of radar outage, the airspace be irrevocably conceded though (2) by 489 feet, as applied to these areas. loss of a cardinal altitude would result it is currently required only a minimum The study disclosed that the structures in the slowdown of traffic at Washington amount of time. would not require an increase in instru­ National Airport. The aeronautical study disclosed that ment flight rule (IFR) procedures or C. The above slowdown could also af­ the proposed tower increase would have minimum flight altitudes and would have fect traffic en route to Andrews AFB. no substantial adverse effect on VFR op­ no adverse effect upon IFR operations in The changes listed under Items 1 erations in the area. the area. through 9 above would affect the follow­ Based upon the aeronautical study, it The study further disclosed that the ing established IFR approach proce­ is the finding of the Agency that the pro­ structures would not be located in*the dures: posed structure would have a substantial vicinity of a generally recognized visual 1. AL-443-VOR-Runway 15. adverse effect upon aeronautical pro­ flight rule (VFR) route or in an area 2. AL-443-ADF-2-Runway 15. cedures and minimum altitudes in the where extensive VFR flight is conducted 3. AL-443-ILiS-Runway 36. Washington area to the extent that sub­ at lower altitudes. The site is near the 4: AL-443-VOR-Runway 36. stantial changes would be required to a outer marker for the Newark, N.J., air­ ' 5. AL-443-VOR-Radial 203. large number of the instrument flight port runway 22 instrument landing sys­ S. AL-443-ADF-l-Runway 36. rule procedures, altitudes and air traffic tem. In order to avoid the Newark IFR The changes required in the instru­ control procedures. The required traffic, VFR aircraft generally remain ment approach procedures to accommo­ changes could not be made without pro­ clear of this area. date the structure as proposed would ducing an increase in air traffic delays Aircraft traffic patterns at Teterboro have a substantial adverse effect upon and lessening the flexibility of air traffic Airport are normally flown within 3 miles the safe and efficient utilization of navi­ control procedures, thereby reducing sys­ of the airport. The pattern altitude for gable airspace due to: tem capacity. The proposed increase in light aircraft is 1,000 feet and for heavy 1. The loss of an instrument approach height to the tower located in the busy aircraft is 1,200 feet. The structures, procedure (ADF approach to Runway Washington terminal area would sub­ 15, Washington National Airport). located approximately 4.3 statute miles stantially derogate the safety of IFR south, would be at least 300 feet below 2. The loss of instrument approach operations in the area and constitute a procedures (ILS and PAR approach to the traffic patterns in the event the pat­ hazard to operations. terns were ever extended to that great a Runway 36; TERVOR approach to Run­ Therefore, pursuant to the authority way 36) at a time when they are most distance from the airport. delegated to me by the Administrator The area in the immediate vicinity of needed, i.e., during periods of reduced (§ 77.37), it is found that the proposed visibility and ceiling minimums, by in­ the tower site is not heavily populated structure would have a substantial ad­ and not -considered to be a congested creasing the current minimums by as verse effect upon the safe and efficient much as 200 feet and V2 mile. area; however, it is on the fringe of a utilization of navigable airspace; and it congested area and by this location it is 3. The accumulative delay to many is hereby determined that the proposed thousands of IFR aeronautical opera­ considered that most aircraft would be structure would be a hazard to air navi­ at least 1,000 feet or higher over the site. tions annually caused by a requirement gation. for aircraft using the affected airways, Based on the aeronautical study, it is This determination is effective and will the finding of the Agency that the pro­ routes, and procedures to fly at higher become final 30 days after the date of altitudes than at present. posed structures would have no sub­ issuance unless an appeal is filed under stantial adverse effect upon aeronautical 4. The increased complexity and re­ § 77.39 (27 F.R. 10352). If the appeal duced capacity and flexibility of the air operations, procedures or minimum traffic control system resulting from is denied, the determination will then altitudes. such changes. become final as of the date of the denial Therefore, pursuant to the authority or 30 days after the issuance of the de­ delegated to me by the Administrator The aeronautical study also disclosed termination, whichever is later. that alterations to airway and route (§ 77.37), it is found that the proposed structures for the purpose of accommo­ Issued in Washington, D.C., on April structures would have no substantial ad­ 16,1965. verse effect upon the safe and efficient dating the proposed increased height utilization of navigable airspace and it is would not be practical. The relocation J oseph Vivari, of the Georgetown RBN could derogate Acting Chief, hereby determined that the proposed Obstruction Evaluation Branch. structures would not be hazards to air the approach procedure to Runway 14 navigation provided that they are ob­ and culminate in many changes to op­ [F.R. Doc. 65-4350; Filed, Apr. 26, 1965; struction marked and lighted in accord­ erational procedures in the area. The 8;47 a.m.] ance with Agency standards. Washington terminal area is a very com­ This determination is effective and plex system of airways, transition routes, will become final 30 days after the date departure routes and radar vectoring [OE Docket No. 65-EA-3] areas. To alter the affected airways, of issuance unless an appeal is filed un­ routes, navigational aids, operational ORVILLE J. SATHER der § 77.39 (27 F.R. 10352). If the ap­ peal is denied, the determination will procedures, etc., would require a major Determination of No Hazard to Air revision to the whole system since each then become final as of the date of the change would have an associated effect Navigation denial or 30 days after the issuance of upon adjacent airways, routes, etc., thus The Federal Aviation Agency has cir­ the determination, whichever is later. setting in motion a chain reaction of cularized the following proposal for aero­ Unless otherwise revised or terminated, changes. nautical comment and has conducted a final determination hereunder will ex- Tuesday, April 27, 1965 FEDERAL REGISTER 5867 pire 18 months after its effective date or E. Unity Intersection to the George­ for aircraft using the affected airways, upon earlier abandonment of the con­ town RBN. routes and procedures to fly at higher struction proposal (§77.41). F. Andrews LFR to the Georgetown altitudes than at present. RBN. 3. The increased complexity and re­ Issued in Washington, D.C., on April G. Herndon VORTAC to the George­ duced capacity and flexibility of the air- 16,1965. town RBN. traffic control system resulting from such J oseph Vivari, H. Georgetown RBN to the ILS outer/ changes. Acting Chief, marker/locator. The aeronautical study also disclosed Obstruction Evaluation Branch. I. Potomac Intersection to the ILS that alterations to airway and route [F.R. Doc. 65-4351; Filed, Apr. 26, 1965; outer/marker/locator. structures for the purpose of accommo­ 8:47 am.] 4. Missed approach procedures. In­ dating the proposed increased height crease the missed approach altitude from would not be practical. The Washing­ 2,000 to 2,300 feet at: ton terminal area is a very complex sys­ [OE Docket No. 65-EA-5] A. Georgetown RBN. tem of airways, transition routes, depar­ B. Potomac Intersection. ture routes and radar vectoring areas. WASHINGTON POST CO. 5. Straight-in minimum s . The To alter the affected airways, routes, Determination of Hazard to Air changes required under Item 4 would re­ navigational aids, operational pro­ Navigation sult in the following increases to cedures, etc., would require a major revi­ straight-in minimums: sion to the whole system since each The Federal Aviation Agency has cir­ A. AL-443-ILS, Runway 36, increase change would have an associated effect cularized the following proposal for from 200 feet* and Vz mile to 400 feet and upon adjacent airways, routes, etc., thus aeronautical comment and has con­ 1 mile. setting in motion a chain reaction of ducted a study (EA-OE-5716) to deter­ B. AL-443-VOR, Runway 36, increase changes. mine its effect upon the safe and efficient from 500 feet and 1 mile to 600 feet and Washington National Airport gen­ utilization of navigable airspace. 1 mile. erated 259,802 instrument operations The Washington Post Co. (WTOP- 6. Circling minimum. The changes during fiscal year 1964, establishing its TV), Washington, D.C., proposes to con­ required under Item 4 would also neces­ approach control facility as the third- struct a self-supporting antenna tower sitate the increase in the circling min­ ranked facility in the nation in this in Washington, D.C., at latitude 38°57'- imum to Runway 33 from 500 feet and 1 category. Andrews AFB, which is under 00" N., longitude 77°04'45" W. The mile to 600 feet and 1 mile under AL-443- the Washington towers approach con­ structure would be located immediately VOR, Runway 36 instrument procedure. trol jurisdiction, generated 88,817 in­ adjacent to its existing 783 feet above 7. Standard instrument departure strument operations. Both radar and mean sea level (AMSL) structure. The (SID) procedures. Aircraft departing nonradar operations are conducted. In overall height of the proposed structure Washington National Airport via the the event of radar outage a significant would be 1,349 feet AMSL (939 feet above SID-Shenandoah One Departure, pro­ effect would be felt in the resultant slow­ ground). ceed via the Washington VOR 331° down of air traffic in the approach con­ The structure would be located ap­ radial. The proposed structure would trol area. proximately 7.3 miles northwest of the result in a slope greater than the pre­ The volume of instrument operations airport reference point of Washington scribed 40:1 for departures. in the Washington area dictates that National Airport. The structure would 8. PAR Approach to Runway 36. In­ none of the existing useable navigable penetrate the outer horizontal surface, crease the minimums required for the airspace be irrevocably conceded though § 77.25(c)(1) of the Federal Aviation Runway 36 PAR approach from 200 feet it may be required only a minimum Regulations, for Washington National and % mile to 400 feet and 1 mile. amount of time. Airport by 834 feet; and, § 77.23(a) (2) 9. Radar procedures. A. The cardi­ The aeronautical study disclosed that as applied to VOR Federal airways Nos. nal altitude on radar vectors within the proposed tower increase would have V-3 and V-8 by 739 feet; three miles of the proposed antenna no substantial adverse effect on VFR The aeronautical study disclbsed that tower would be lost. operations in the area. the proposed structure would have the B. In the event of radar outage the Based upon the aeronautical study, it following effects upon instrument flight loss of a cardinal altitude would result is the finding of the Agency that the pro­ rules, aeronautical operations, proce­ in the slowdown of traffic at Washing­ posed structure would have a substantial dures and minimum flight altitudes: ton National Airport. adverse effect upon aeronautical opera­ 1. Federal airways. A. Increase the C. The above slowdown could also tions in that it would derogate the use minimum en route altitude from 2,000 effect traffic en route to Andrews AFB. of many existing aeronautical procedures feet to 2,300 feet on V-3 between Bethes- The changes listed under Items 1 and minim um altitudes in the Washing­ da and Burke Intersections. through 8 above would affect the follow­ ton area to the extent that substantial B. Increase the minimum en route al­ ing established IFR approach pro­ changes would be required to a large titude from 2,200 feet to 2,300 feet on cedures: number of the instrument flight rule V-8 between the Ashburn Intersection 1. AL-443-VOR-Runway 15. procedures, altitudes and air traffic con­ and Washington VOR. 2. AL-443-ADF-2-Runway 15. trol procedures. The required changes C. Increase the minimum obstruction 3. AL-443-ILS-Runway 36. could be made without producing an in­ clearance altitude (MOCA) from 2,000 to 4. AL-443-VOR-Runway 36. crease in air traffic delays and lessen­ 2,300 feet on V-8 between the Ashburn 5. AL-443-VOR-Radial 203. ing the flexibility of air traffic control Intersection and Washington VOR. 6. AL-443-ADF-l-Runway 36. procedures, thereby reducing system ca­ 2. Holding procedures. Increase from The changes required in the instru­ pacity. The proposed increase in height 2,000 feet to 2,300 feet the minimum ment approach procedures to accommo­ to the tower located in the busy Wash­ holding pattern altitude at the following date the structure as proposed would ington terminal area would substantially fixes: have a substantial adverse effect upon derogate the safety of IFR operations in A. Washington VOR. the safe and efficient utilization of navi­ the area and constitute a hazard to B. Georgetown Radio Beacon (RBN). gable airspace due to: operations. 3. Transition procedures. In crease 1. The loss of instrument approach . Therefore, pursuant to the authority from 2,000 feet to 2,300 feet the transi­ procedures (ILS and PAR approach to delegated to me by the Administrator tion altitude for the following route seg­ Runway 36; TERVOR approach to Run­ (§ 77.37), it is found that the proposed ments : way 36) at a time when they are most structure would have a substantial ad­ A. Herndon VORTAC to the Washing­ verse effect upon the safe and efficient ton VOR. needed, i.e., during periods of reduced utilization of navigable airspace; and it B. Potomac Intersection to the Wash­ visibility and ceiling minimums, by in­ is hereby determined that the proposed ington VOR. creasing the current minimums by as structure would be a hazard to air C. Andrews LFR to the Washington much as 200 feet and % mile. navigation. VOR. 2. The accumulative delay to many This determination is effective and will D. Nottingham VOR to the Washing­ thousands * of IFR aeronautical opera­ become final 30 days after the date of ton VOR. tions annually caused by a requirement issuance unless an appeal is filed under 5868 NOTICES

§ 77.39 (27 F.R. 10352). If the appeal Adopted: April 21, 1965. that the parties have entered into an is denied, the determination will then agreement which, if approved by the Re­ become final as of the date of the denial F ederal Communications Commission,1 view Board, will render a hearing un­ or 30 days after the issuance of the de­ necessary, termination, whichever is later. [seal] Ben F. Waple, Secretary. It is ordered, This 21st day of April 1965, that the hearing now scheduled for Issued in Washington, D.C., on April [F.R. Doc. 65-4401; Piled, Apr. 26, 1965; 16,1965. 8:49 a.m.] May 19, 1965, is continued indefinitely, J oseph Vivari, and Acting Chief, It is further ordered, That if the pro­ Obstruction Evaluation Branch. [Docket Nos. 15271,15451; FCC 65M-490] ceeding has not been terminated by June 14,1965, a further prehearing conference [F.R. Iioc. 65-4352; Piled, Apr. 26, 1965; AMERICAN COLONIAL BROAD­ 8:47 a.m.] to determine future steps shall be held CASTING CORP. at 9 a.m. on that date in the Commis­ Order Continuing Hearing sion’s offices in Washington, D.C. Released: April 22, 1965. FEDERAL COMMUNICATIONS In re applications of American Colonial Broadcasting Corp., Ponce, P.R., Docket F ederal Communications COMMISSION No. 15271, File No. BPCT-3104; for con­ Commission, struction permit to change transmitter [seal] Ben F. Waple, [FCC 65-322] site and antenna height above average Secretary. STANDARD BROADCAST APPLICA­ terrain of Station WSUR-TV, Channel 9, [P.R. Doc. 65-4404; Piled, Apr. 26, 1965; TION READY AND AVAILABLE FOR Ponce, P.R.; American Colonial Broad­ 8:50 a.m.] casting Corp., Caguas, P.R., Docket No. PROCESSING 15451, File No. BPCT-3300; for con­ April 22, 1965. struction permit to increase power of [Docket No. 15957; PCX? 65-312] The application listed below is mutu­ Station WKBM-TV, Channel 11, Caguas, RALPH HICKS AND SOUTHWESTERN ally exclusive with the application, File P.R. BELL TELEPHONE CO. No. BR-3097, of the licensee of Station The Hearing Examiner having under WMGS, Bowling Green, Ohio, for re­ consideration a motion for continuance Order newal of license. The proposal requests filed on April 19,1965, by El Mundo, Inc., the same frequency and power of this respondent in the above-captioned pro­ In the matter of Ralph Hicks, Com­ Class n station; however, a different ceeding; plainant v. Southwestern Bell Telephone antenna site and antenna system is pro­ It appearing, that a continuance of the Co., Defendant, Docket No. 15957. posed. Since the data submitted indi­ hearing date will afford the parties an At a session of the Federal Communi­ cates compliance with the note to § 1.571 adequate opportunity to prepare for the cations Commission held at its offices in of our rules we have this date accepted hearing or take such other action as may Washington, D.C., on the 21st day of the application for filing. Similarly, we seem appropriate following action by the April 1965; will accept any other applications for Commission announced April 16, 1965, The Commission having under consid­ consolidation which meet the require­ on the applicant’s petition for leave to eration: ments of our rules which govern the amend and waiver of rule; and (1) “Complaint^ of Ralph Hicks acceptance of applications. It further appearing, that counsel for (Complainant) filed on December 17, all parties consent to immediate con­ 1964, requesting that the Commission, in New, Bowling Green, Ohio, accordance with section 201(a) of the Ohio Radio, Inc., Req: sideration and grant of the instant Communications Act of 1934, as amend­ 730 kc, 1 kw, DA, Day. motion; It is ordered, This 20th day of April ed, order the Defendant, Southwestern Accordingly, notice is hereby given 1965, that the motion for continuance is Bell Telephone Co. (SW Bell), to estab­ that the above application is accepted granted and the date for further hear­ lish and maintain physical connections for filing and that on June 1, 1965, the ing is continued from April 22, 1965, to at Fort Smith, Ark., with facilities of the application will be considered as ready June 1,1965. Complainant used to provide Domestic and available for processing, and pur­ Public Land Mobile Radio Service suant to § 1.227(b)(1) and § 1.591(b) of Released; April 22, 1965. through a radio station on Cavanal the Commission’s rules, an application, Mountain, 1.8 miles southwest of Witte- F ederal Communications ville, Leflore County, Okla. in order to be considered with this appli­ Commission, cation, or with any other application on [seal] Ben F. Waple, C2) “Motion to Suspend Proceedings” file by the close of business on May 31, Secretary. filed on January 13,1965, by SW Bell; 1965, which involves a conflict necessi­ (3) “Request for Interim Relief” filed [P.R. Doc. 65-4402; Piled, Apr. 26, 1965; on January 19, 1965, by the Complain­ tating a hearing with this application, 8:49 a.m.] must be substantially complete and ant; tendered for filing at the offices of the (4) “Opposition to Motion to Suspend Proceedings” filed on January 25, 1965, Commission in Washington, D.C., by [Docket Nos. 15930,15931; FCC 65M-492] whichever date is earlier: (a) The close by the Complainant; of business on May 31, 1965, or (b) the SERGIO MARTINEZ CARABALLO AND (5) “Opposition to Request for In­ terim Relief” filed on January 28, 1965, earlier effective cutoff date which this CARIBBEAN BROADCASTING CORP. application or any other conflicting ap­ by SW Bell; plication may have by virtue of conflicts Order Continuing Hearing (6) “Request for Permission to File Pleadings; Notice of Interest as Amicus necessitating a hearing with applications In re applications of Sergio Martinez appearing on previous lists. Curiae” filed on January 29,1965, by Na­ Caraballo, Arecibo, P.R., Docket No. tional Mobile Radio System; The attention of any party in interest 15930, File No. BPH-3783; Caribbean (7) “Answer” filed on February 3, desiring to file pleadings concerning the Broadcasting Corp., Arecibo, P.R., Docket 1965, by SW Bell; above application pursuant to section No. 15931, File No. BPH-4724; for con­ (8) “Reply to Opposition to Request 309(d) (1) of the Communications Act of struction permits. for Interim Relief” filed on February 4, 1934, as amended, is directed to § 1.580(i) As a result of disclosure made on the 1965, by the Complainant; of the Commission’s rules for the pro­ record of a prehearing conference held (9) “Reply” filed February 11, 1965, visions governing the time of filing and this date in the above-entitled matter by the Complainant; other requirements relating to such It appearing, that the Complainant pleadings. 1 Commissioner Lee absent. and SW Bell have been unable to reach Tuesday, April 27, 1965 FEDERAL REGISTER 5869 a satisfactory agreement regarding in­ Released: April22,1965. filed in Docket No. CP65-326 an applica­ terconnection of their facilities for the tion pursuant to section 7(c) of the Nat­ furnishing of interstate communication F ederal Communications ural Gas Act for a certificate of public service and that the pleadings raise sub­ Commission,1 convenience and necessity authorizing stantial issues and questions of fact re­ I seal] Ben P. W aple, the construction and operation of facili­ garding such interconnection; and Secretary. ties and the sale for resale of natural gas It further appearing, that it is appro­ [F.R. Doc. 65-4403; Filed, Apr. 26, 1965; in interstate commerce, all as more fully priate for the Commission to proceed 8:40 am.] set forth in the application which is on without suspension or delay and desig­ file with, the Commission and open to nate the matter herein for public hear­ public inspection. ing and investigation; and Applicant is a wholly owned subsidiary It further appearing, that the Com­ of Lumar Gas Corp. of Houston, Tex., mission cannot require the establish­ FEDERAL POWER COMMISSION and presently owns no properties other ment of physical connections without an [Docket No. CP65-326] than those necessarily incident to orga­ opportunity for hearing and requisite BLUEBONNET GAS CORP. nizing a Texas corporation. public interest findings, and, therefore, Applicant proposes to construct and is unable to grant the complainant’s re­ Notice of Application operate approximately 4.5 miles of nat­ quest for interim relief; and ural gas pipeline and three meter sta­ It further appearing, that the National April 20,1965. tions required to transport gas which will Mobile Radio System has requested that Take notice that on April 12, 1965, be purchased by Applicant in the State the Commission make it a party amicus Bluebonnet Gas Corp. (Applicant), 1400 of Louisiana from the following pro­ to the proceedings at the time the parties Hermann Drive, Houston,* Tex., 77004, ducers: herein are brought to hearing; It is ordered, That pursuant to sec­ Estimated tion 201(a) of the Communications Act Producer Field Parish daily produc­ of 1934, as amended, a hearing on the tion (Mcf) issues raised by the pleadings shall be held at a time and place to be hereafter North Edna__ ... 2,000 Lottie____ 600 specified; and Sklar Producing Co., Inc______.. South Bayou Mallet.. Acadia___ "______2,000 It is further ordered, That without in any way limiting the scope of the pro­ ceeding, it shall include inquiry into the The gas is to be sold to Florida Gas hearing is required, further notice of following: Transmission Co. (Florida Gas) at points such hearing will be duly given. Whether it is necessary or desirable in those parishes where Florida Gas’ Under the procedure herein provided in the public interest to establish phys­ transmission line traverses the State of for, unless otherwise advised, it will be ical connections between the Complain­ Louisiana. unnecessary for Applicant to appear or The estimated cost of the proposed fa­ be represented at the hearing. ant and the Defendant at Port Smith, cilities is $110,000, which will be financed Ark., to establish through routes and by the issuance of common stock and J oseph H. Gutride, charges applicable thereto and the di­ Secretary. vision of such charges, and to establish notes. and provide facilities and regulations for Applicant states that the reserves ded­ [F.R. Doc. 65-4371; Filed, Apr. 26, 1965; operating such through routes within icated under this project are individu­ 8:47 a.m.] the meaning of section 201(a) of the ally small and have heretofore been un­ able to command the attention or Communications Act of 1934, as amend­ [Docket No. CP65-327] ed; and if so, what connections, through Interest of an interstate pipeline com­ pany. As a consequence, wells on the routes, charges, divisions, facilities and CITY OF AUBURN, KANS. regulations should be established; dedicated acreage have been shut in to It is further ordered, That the “Motion the detriment of producers, land owners, Notice of Application To Suspend Proceedings” filed on Jan­ and consumers. uary 13, 1965, by SW Bell and the "Re­ Protests or petitions to intervene may April 20, 1965. quest for Interim Relief” filed on Janu­ be filed with the Federal Power Commis­ Take notice that on April 12,1965, City ary 19, 1965, by the Complainant are sion, Washington, D.C., 20426, In accord­ of Auburn, Kans. (Applicant), filed in denied; and ance with the rules of practice and pro­ Docket No. CP65-327 an applicatfoirpur- It is further ordered, That the National cedure (18 CFR 1.8 or 1.10) and the reg­ suant to section 7 (a) of the Natural Gas Mobile Radio Systran is granted leave to ulations under the Natural Gas Act Act for an order of the Commission di­ intervene as a party amicus to the pro­ (157.10) on or before May 14, 1965. recting Cities Service Gas Co. (Cities ceedings; and Take further notice that, pursuant to Service) to establish physical connection It is further ordered, That a copy of the authority contained in and subject of its natural gas transmission facilities this Order shall be served on the parties to the jurisdiction conferred upon the with the facilities proposed to be con­ herein; and Federal Power Commission by sections structed by Applicant, and to sell and It is further ordered, That, under the 7 and 15 of the Natural Gas Act and the deliver natural gas to Applicant, all as provisions of section 410(b) of the Com­ Commission’s rules of practice and pro­ more fully set forth in the application munications Act of 1934, as amended, cedure, a hearing will be held without on file with the Commission and open to and in accordance with the “Plan of Co­ further notice before the Commission public inspection. operative Procedure” set forth in Ap­ on this application if no protest or peti­ Applicant proposes to construct and pendix A, Part 1 of the Commission’s tion to intervene is filed within the time operate a municipal gas distribution sys­ rules and regulations, the General So­ required herein, and the Commission on tem within its own borders, and 12 miles licitor of the National Association of its own review of the matter finds that of 4 ^-inch OJD. and 3 &-inch O.D. lat­ Railroad and Utilities Commissioners be a grant of the certificate is required by eral pipeline facilities extending west­ notified that the Arkansas Public Serv­ the public convenience and necessity. II ward from a point of interconnection ice Commission and the Oklahoma Cor­ a protest or petition for leave to inter­ with the Cities Service main transmission poration Commission are invited to des­ vene is timely filed, or if the Commission line south of Topeka, Kans., to Appli­ ignate a member of each of their respec­ on its own motion believes that a formal cant’s town border. Applicant also pro­ tive Commissions to sit with the poses to render natural gas service to Examiner herein as Cooperating Com­ customers situated along the route of and missioners. 1 Commissioners Lee and Cox absent. in close proximity to the proposed lateral

No. 80- g 5870 NOTICES transmission line, and will construct the mission, Washington, D.C., 20426, in ac­ cordance with the rules of practice and facilities which will enable it to render cordance with the rules of practice and procedure (18 CFR 1.8 or 1.10) and the such service. procedure (18 CFR 1.8 or 1.10) and the regulations under the Natural Gas Act Total volumes of natural gas involved regulations under the Natural Gas Act (157.10) on or before May 15, 1965. (157.10) on or before May 19,1965. to meet Applicant’s anticipated annual J oseph H. Ghtride, and peak day requirements are stated Take further notice that, pursuant to Secretary. to be: the authority contained in and subject to the jurisdiction conferred upon the Fed­ [F.R. Doc. 65-4374; Filed, Apr. 26, 1965; First Second Third eral Power Commission by sections 7 8:47 a.m.] year year year and 15 of the Natural Gas Act and the Commission’s rules of practice and pro­ [Docket No. CP64—99] Annual (Mcf)______28,800 33,500 38,500 cedure, a hearing will be held without Peak day (Mcf)_____ 370 430 493 further notice before the Commission EL PASO NATURAL GAS CO. on this application if no protest or peti­ The total estimated cost of Applicant’s tion to intervene is filed within the time Notice of Petition To Amend proposed construction, including the de­ required herein, and the Commission on April 20,1965. scribed lateral, is estimated to be its own review of the matter finds that $170,000, which will be financed by gen­ permission and approval for the pro­ Take notice that on April 12, 1965, El eral obligation bonds and gas revenue posed abandonment are required by the Paso Natural Gas Co. (Petitioner), Post bonds issued by Applicant. public convenience and necessity. If a Office Box 1492, El Paso, Tex., 79999, filed Protests or petitions to intervene may protest or petition for leave to intervene in Docket No. CP64-99 a petition to be filed with the Federal Power Commis­ is timely filed, or if the Commission on amend the order of the Commission is­ sion, Washington, D.C., 20426, in accord­ its own motion believes that a formal sued in said docket February 18, 1964, ance with the rules of practice and pro­ hearing is required, further notice of as amended August 7, 1964, October 21, cedure (18 CFR 1.8 or 1.10) on or before such hearing will be duly given. 1964, and December 15,1964, which order, Under the procedure herein provided as amended, authorized Petitioner to May 15,1965. construct and operate certain facilities, J oseph Hr G tjtride, for, unless otherwise advised, it will be Secretary. unnecessary for Applicant to appear or to sell and deliver natural gas to Wash­ be represented at the hearing. ington Natural Gas Company (Washing­ [F.R. Doc. 65-4372; Filed, Apr. 26, 1965; ton Natural) and the Washington Water 8:47 a.m.] J oseph H. G htride, Power Co. (Water Power) and, as to Pe­ Secretary. titioner’s one-third interest, to construct [Docket No. CP65-328] [F.R. Doc. 65-4373; Filed, Apr. 26, 1965; and operate certain other facilities, all 8:47 a.m.] for the purpose of testing underground CUSHING GAS TRANSMISSION CO. natural gas storage in the Jackson Prai­ rie area of Lewis County, Wash., at an Notice of Application [Docket No. CP61-92] estimated cost of $2,100,000. April 20, 1965. Under the order of February 18, 1964, EL PASO NATURAL GAS CO. as amended, the inventory of gas in the Take notice that on April 9, 1965, Notice of Petition To Amend storage unit is limited to 1,400,000 Mcf, Cushing Gas Transmission Co. (Appli­ the testing activities are to cease on June cant), Post Office Box 182, Cushing, April 20,1965. 30, 1965, or upon divestiture of Petition­ Okla., filed in Docket No. CP65-328 an application pursuant to section 7(b) of Take notice that on April 13, 1965, El er’s Northwest Division system, which­ the Natural Gas Act for permission and Paso Natural Gas Co. (Petitioner), Post ever first occurs, and Petitioner’s approval to abandon certain natural gas Office Box 1492, El Paso, Tex., 79999, one-third commitment in the testing filed in Docket No. CP61-92 a petition activities is limited to $700,000. facilities and the sale of gas to Cities By the instant filing, Petitioner seeks Service Gas Co. (Cities Service), all to amend the order of the Commission issued in said docket January 11, 1965, the extension of the period of testing as more fully set forth in the applica­ activities through the date of divestiture tion on file with the Commission and which order authorized Petitioner to open to public inspection. construct and operate certain facilities of Petitioner’s Northwest Division sys­ Specifically, Applicant seeks permis­ and to deliver natural gas to Northern tem, but not beyond June 30, 1966, and sion and approval to abandon the sale of Natural Gas Co. (Northern), on an ex­ an increase in the volumetric limitation natural gas to Cities Service, which sale change basis, at points in Ochiltree on the inventory of gas in the storage was heretofore authorized by the Com­ County, Tex., as a part of the previously unit from 1,400,000 Mcf to 2,000,000 Mcf. mission in Docket No. CI63-38, and to authorized exchange under Petitioner’s Petitioner, Washington Natural, and abandon facilities consisting of approxi­ Rate Schedule Z-l, FPC Gas Tariff, Water Power entered into an agreement mately 10 miles of 2-inch gathering line Third Revised Volume No. 2. dated March 25, 1965, in which they and one mile of 3-inch transmission line The petition states that the J. W. Dan­ propose to drill one structural test well, from Applicant’s gathering system to the iel “C” Unit No. 1, from which gas was one stratigraphic well and two produc­ inlet side of Cities Service’s interstate to have been delivered to Northern, is tion-injection wells. They also propose pipeline system. a dry hole, and the W. B. Barnes No. 1 to replace the present water disposal line, The stated reason for the proposed well, which was also the subject of the approximately 6 miles in length, extend­ abandonment is that Inland States Gas order issued January 11, 1965, was com­ ing from the storage unit to the Cowlitz Co. (Inland) from whom Applicant has pleted as an oil well and no gas has been River. Gas injection and water disposal purchased the gas sold to Cities Service delivered therefrom to Northern. operations, when resumed, are proposed is filing an application for permission and Petitioner therefore seeks to have the to continue until the 1965-66 winter approval to abandon service from its order of January 11, 1965, amended to heating season at which time gas with­ leases in the South Cushing Gas Field in delete therefrom the authorization for drawal operations are proposed to be Lincoln County, Okla. Inland’s applica­ the construction and operation of ap­ commenced. In order to accomplish gas tion states that the gas wells affected proximately 0.3 mile of 3% -inch O.D. withdrawal, 600 compressor horsepower, by its application have reached such a pipeline and appurtenances and approx­ approximately two miles of 14-inch O.D. depleted state as to be uneconomical to imately 1.4 miles of 4 ^-inch O.D. pipe­ pipeline extending from the storage unit continue to produce, and that the field line and appurtenances,, which were to a point of connection with Petitioner’s reservoir pressure has depleted to such authorized for the respective wells, at an existing storage unit meter station and an extent that it is economically impos­ aggregate cost estimated to be $9,377, other related facilities are proposed to be sible to continue to sell to Applicant. and to delete therefrom the authoriza­ installed. Petitioner seeks authority to The natural gas purchased by Applicant tion for the delivery of gas to Northern continue its one-third interest in the from Inland is the only gas which Appli­ from such wells. , construction of these proposed facilities. cant gathers. Protests or petitions to intervene may The petition further states that gas Protests or petitions to intervene may be filed with the Federal Power Com­ withdrawn from the storage unit will be be filed with the Federal Power Com­ mission, Washington, D.C., 20426, jn ac­ received into Petitioner’s mainline and Tuesday, April 27, 1965 FEDERAL REGISTER 5871 Petitioner shall, for test purposes only, Clark Counties, <6) to sell 16.4 miles of [Docket No. CP65-318] concurrently deliver to Washington Nat­ 10-inch pipeline in Clark and Fayette NATURAL GAS PIPELINE CO. OF Counties to Columbia Gas of Kentucky, ural and Water Power one-third each of AMERICA the gas so withdrawn on any day. In Inc. (Columbia-Kentucky), an affiliate, V so doing, however, Petitioner states it for the net book cost at the date of trans­ Notice of Application will not curtail deliveries made to any fer, (7) to abandon its Winchester com­ customer for any type service at any pressor station in Clark County, and (8) April 20, 1965. point on its system. In consideration of to construct for an estimated $595,000 Take notice that on April 6, 1965, the experimental nature of the with­ and operate 11.1 miles of 12-inch pipe­ Natural Gas Pipeline Co. of America drawals to he undertaken and the pres­ line in Fayette County, to replace a seg­ (Applicant), 122 South Michigan Ave­ ent inability of the parties to determine ment of existing 8-inch transmission line nue, Chicago, 331., 60603, filed an applica­ the withdrawal capabilities of the stor­ because of its physical condition and at tion pursuant to section 7(b) of the age unit, no charge will be made for gas the same time to provide for anticipated Natural Gas Act for an order permitting delivered by Petitioner to Washington growth in the Lexington market area. and approving the Abandonment of two Natural and Water Power in support of The application states that the pur­ side taps on its 26-inch pipeline and two withdrawals from the storage unit. pose for the requests is to eliminate gas purchase meter stations located in The estimated cost for the entire pro­ duplication in the transmission system Nueces and San Patricio Counties, Tex., gram is now1- $3,579,000, including the of Kentucky Gas lying in Eastern Ken­ all as more fully set forth in the appli­ amount of $1,796,400 which has been tucky, generally between the Town of cation on file with the Commission and expended to March 1, 1965. Inez, Marion County, on the east, and open to public inspection. Protests or petitions to intervene may the City of Lexington, Fayette County, The application states that the facili­ be filed with the Federal Power Commis­ on tiie west. Pursuant to the authoriza­ ties to be abandoned are currently used sion, Washington, D.C-., 20426, in ac­ tion granted by the Commission in its to receive and transport in interstate cordance with the rules of practice and order issued October 10, 1962, in Docket commerce natural gas received from Ben procedure (18 CFR 1.8 or 1.10) and the Nos. CP62-238 and CP62-239, Kentucky Bolt Gathering Co. (Ben Bolt) pursuant regulations under the Natural Gas Act Gas acquired a 12-inch pipeline substan­ to a gas sales contract of April 20, 1959, (157.101 on or before May 15, 1965. tially parallel to an existing 10-inch pipe­ between Applicant and Ben Bolt. line, and Kentucky Gras then advised the Ben Bolt has filed an application in J oseph H. G utride, Commission that it would make complete Docket No. CP65-313 for permission and Secretary. operational and engineering studies of approval to abandon the sale of natural [F.R. Doc. 65-4375; Filed, Apr. 26, 1965; the two pipelines and the areas served gas to Applicant under the said contract. 8:47 a.m.] thereby, and thereafter make an appro­ If such permission and approval to priate request to the Commission for abandon is granted by the Commission, approval to abandon duplicate facilities. Applicant will have no further use for {Docket No. CP65-324] Applicants further state that the pro­ the facilities herein described. KENTUCKY GAS TRANSMISSION posals now made are the result of the Protests or petitions to intervene may operational and engineering studies. be filed with the Federal Power Commis­ CORP. AND UNITED FUEL GAS CO. The application indicates that the net sion, Washington, D.C., 20426, in accord­ Notice of Application debit to retirement resulting from the ance with the rules of practice and pro­ entire proposal is estimated at approxi­ cedure (18 CFR 1.8 or 1.10) and the reg­ A pril 20, 1965. mately $1,975,000, with an associated re­ ulations under the Natural Gas Act Take notice that on April 9, 1965, Ken­ duction in annual operating expense of <157.10) on or before May 9, 1965. tucky Gas Transmission Corp. (Ken­ $105,500. Take further notice that, pursuant to tucky Gas) and United Fuel Gas Co. Protests or petitions to intervene may the authority contained in and subject to (United), both of 1700 MacCorkle Ave­ be filed with thé Federal Power Commis­ the jurisdiction conferred upon the Fed­ nue SE., Charleston, W. Va., and both sion, Washington, D.C., 20426, in ac­ eral Power Commission by sections 7 and wholly owned subsidiary companies of cordance with the rules of practice and 15 of the Natural Gas Act and the Com­ the Columbia Gas System, Inc., filed in procedure (18 CFR 1.8 or 1.10) and the mission’s rules of practice and procedure, Docket No."CP65-324 a joint application regulations under the Natural Gas Act a hearing will be held without further pursuant to sections 7(b) and 7(c) of (157.10) on or before May 13, 1965. notice before the Commission on this the Natural Gas Act for permission and Take further notice that, pursuant to application if no protest or petition to approval to abandon certain facilities the authority contained in and subject intervene is filed within the time re­ within the State of Kentucky and for a to the jurisdiction conferred upon the quired herein, and the Commission on certificate of public convenience and Federal Power Commission by sections 7 its own review of the matter finds that necessity authorizing the acquisition, and 15 of the Natural Gas Act and the permission and approval for the proposed construction and operation of certain Commission’s rules of practice and pro­ abandonment are required by the public other facilities in Kentucky, all as more cedure, a hearing will be held without convenience and necessity. If a protest fully set forth in the application on file further notice before the Commission on or petition for leave to intervene is timely with the Commission and open to public this application if no protest or petition filed, or if the Commission on its own inspection. to intervene is filed within the time re­ motion believes that a formal hearing is Specifically, Kentucky Gas proposes quired herein, and the Commission on Its required, further notice of such hearing (1) to abandon 3.2 miles of 12-inch pipe­ own review of the matter finds that a will be duly given. line in Martin County, (2) to sell 6.7 grant of the certificate and permission Under the procedure herein provided miles of 10-inch pipeline in Martin and and approval for the proposed abandon­ for, unless otherwise advised, it will be Johnson Counties to United (which ment are required by the public conven­ unnecessary for Applicant to appear or United seeks authorization to acquire) ience and necessity. If a protest or peti­ be represented at the hearing. for the net book cost on the date of tion for leave to intervene is timely filed, Joseph H. G utride, transfer, (3) to sell 35.1 miles of 10-inch or if the Commission on its own motion Secretary. pipeline and 34.8 miles of 12-inch pipe­ believes that a foimal hearing is re­ [F.R. Doc. 65-4377; Filed, Apr. 26, 1965; line in Martin and Morgan Counties to quired, further notice of such hearing 8:48 ajn.] Midcontinent Gas Production Corp. will be duly given. (Midcontinent), a nonaffiliated com­ Under the procedure herein provided {Docket No. CP65-322] pany, for $53,800, and (4) to construct for, unless otherwise advised, it will be for an estimated $6,500 and operate unnecessary for Applicant to appear or NATURAL GAS PIPELINE CO. OF measuring and regulating facilities to be represented at the hearing. AMERICA sell gas at wholesale for resale to Mid­ continent, which would' become a new Joseph H. Gutride, Notice of Application customer of Kentucky Gas, (5) to aban­ Secretary. April 20,1965. don 50.9 miles of 10-inch pipeline In {F.R. Doc. 65-4376; Piled, Apr. 26, 1965; Take notice that on April 8, 1965, Morgan, Menifee, Montgomery, and 8:48 a.m.] Natural Gas Pipeline Co. of America (Ap- 5872 NOTICES plicant), 122 South Michigan Avenue, all as set forth in the application, as normal operating efficiency. The addi­ Chicago, 111., 60603, filed an application in amended. tional lake crossing will enable Appli­ Docket No. CP65-322 pursuant to sec­ Five delivery points were placed in op­ cant to take the existing crossing out of tion 7(c) of the Natural Gas Act for a eration by December 30, 1964, under the service and physically remove the accu­ certificate of public convenience and authority of temporary certificates of mulation of foreign material. When this necessity authorizing the construction public convenience and necessity issued is accomplished, Applicant will then have and operation of two meter stations, side by the Commission by letter orders dated a dual submerged pipeline crossing of tap connections and 3-inch laterals of September 25 and November 19, 1964. Lake Borgne. 200 feet each on Applicant’s existing The remaining two delivery points were The proposed additional lake crossing transmission facilities in Clinton and authorized by the Commission in its order will consist of 29.83 miles of 36-inch OD. Perry Counties, 111., to sell and deliver of January 25,1965, and were required to pipe. The project is estimated to cost natural gas to Illinois Power Co., an ex­ be placed in operation within 3 months of approximately $10,252,000, which will be isting customer of Applicant, for resale the date of the order. financed from general funds or from re­ and local distribution by Illinois Power By the instant filing, Petitioner re­ volving credit. Co. in the villages of Tamaroa and St. quests that the order be amended to allow Protests or petitions to intervene may Johns, 111., and in the unincorporated 9 months from January 25, 1965, for the be filed with the Federal Power Commis­ communities of Shattuc, Sunfield, and following facilities to become opera­ sion, Washington, D.C., 20426, in accord­ Holden, 111., all as more fully set forth in tional: (1) Tap on Line V-100 ip Harri­ ance with the rules of practice and pro­ the application on file with the Commis­ son County, Ohio, for delivery and sale cedure (18 CFR 1.8 or 1.10) and the sion and open to public inspection. of gas to Columbia Gas of Ohio, Inc. regulations under the Natural Gas Act The application states that Illinois (Columbia), for resale to Snow Bowl, (157.10) on or before May 13, 1965. Power Co. proposes to provide natural Inc., and in vicinity, and (2) Tap on Take further notice that, pursuant to gas service for the above communities Line Z-8 in Clark County, Ohio, for de­ the authority contained in and subject to from the quantities of natural gas which livery and sale of gas to Columbia for the jurisdiction conferred upon the Fed­ Applicant has heretofore been authorized resale'to International Harvester Co. and eral Power Commission by sections 7 to sell and deliver to Illinois Power Co. in vicinity. and 15 of the Natural Gas Act and the The estimated cost of Applicant’s pro­ The petition states that the reason Commission’s rules of practice and pro­ posed construction is $19,160, which will for the requested delay is that it is in­ cedure, a hearing will be held without be financed with funds on hand. formed that the delivery by Columbia to further notice before the Commission on Protests or petitions to intervene may these customers will not begin until the this application if no protest or petition be filed with the Federal Power Commis­ fall of 1965. Since the gas will not be to intervene is filed within the time re­ sion, Washington, D.C., 20426, in accord­ needed before then, Petitioner states that quired herein, and the Commission on ance with the rules of practice and pro­ it would serve no useful purpose to con­ its own review of the matter finds that cedure (18 CFR 1.8 or 1.10) and the regu­ struct the facilities until they are needed a grant of the certificate is required by lations under the Natural Gas Act and that they could not be placed in op­ the public convenience and necessity. If (157.10) on or before May 13,1965. eration until Columbia begins deliveries a protest or petition for leave to inter­ Take further notice that, pursuant to to these customers. vene is timely filed, or if the Commis­ the authority contained in and subject to Protests or petitions to intervene may sion on its own motion believes that a the jurisdiction conferred upon the Fed­ be filed with the Federal Power Commis­ formal hearing is required, further no­ eral Power Commission by sections 7 and sion, Washington, D.C., 20426, in accord­ tice of such hearing will be duly given. 15 of the Natural Gas Act and the Com­ ance with the rules of practice and pro­ Under the procedure herein provided mission’s rules of practice and procedure, cedure (18 CFR 1.8 or 1.10) and the regu­ for, unless otherwise advised, it will be a hearing will be held without further lations under the Natural Gas Act unnecessary for Applicant to appear or notice before the Commission on this (157.10) on or before May 13,1965. be represented at the hearing. application if no protest or petition to J oseph H. Gutride, J oseph H. Gutride, intervene is filed within the time required 'Secretary. herein, and the Commission on its own Secretary. review of the matter finds that a grant [F.R. Doc. 65-4379; Filed, Apr. 26, 1965; [F.R. Doc. 65-4381; Filed, Apr. 26, 1965; of the certificate is required by the public 8:48 a.m.] 8:48 ajm.] convenience and necessity. If a protest or petition for leave to intervene is timely [Docket No. CP65-321 ] [Docket No. G-4335, etc.] filed, or if the Commission on its own motion believes that a formal hearing TENNESSEE GAS TRANSMISSION CO. TRIBUNE OIL CORP. ET AL. is required, further notice of such hear­ Order Conditionally Accepting Offer ing will be duly given. Notice of Application of Settlement, Requiring Filing of Under the procedure herein provided April 20,1965. for, unless otherwise advised, it will be Notices of Change, Terminating unnecessary for Applicant to appear or Take notice that on April 8,1965, Ten­ Proceedings, and Requiring Re­ be represented at the hearing. nessee Gas Transmission Co. (Appli­ cant), Post Office Box 2511, Houston, funds J oseph H. G utride, Tex., 77001, filed in Docket No. CP65-321 April 20,1965. Secretary. an application pursuant to section 7(c) On February 15, 1965,. Tribune Oil Corp., et al. (Tribune), filed an offer of [PH. Doc. 65-4378; Piled, Apr. 26, 1965; of the Natural Gas Act for a certificate of 8:48 a.m.] public convenience and necessity author­ settlement in these proceedings pursuant izing the construction and operation of to § 1.18(e) of the Commission’s rules of an additional submerged pipeline cross­ practice and procedure, and in conform­ [Docket No. CP65-24] ing of Lake Borgne, St. Bernard Parish, ity with the policy set forth in our order issued August 6, 1964, in Jack W. Grigs­ OHIO FUEL GAS CO. La., all as more fully set forth in the ap­ plication which is on file with the Com­ by (Operator), et al., Docket Nos. RI61- Notice of Petition To Amend mission and open to public inspection. 96 and RI62-536. The offer involves pro­ Applicant states that its existing 30- posed increased rates for the sale of nat­ April 20,1965. inch O.D. single line crossing of Lake ural gas to Transcontinental Gas Pipe Take notice that on April 9, 1965, The Borgne, which constitutes a portion of Line Corp. (Transco) in the Egan Field, Ohio Fuel Gas Co. (Petitioner), 99 North its Delta-Portland Line, has an accumu­ Acadia Parish, La., under Tribune’s FPC Front Street, Columbus, Ohio, filed-in lation or buildup of foreign material Gas Rate Schedule No. I.1 Each of the Docket No. CP65-24 a petition to amend within it thereby causing a construction proposed increased rates were suspended the order of the Commission issued in in pipeline cross sectional area which has by order of the Commission for the stat- said docket January 25,1965, which order resulted in excessive pressure drops authorized Petitioner to construct and across the lake. Applicant further states 1 Tribune’s two other sales are being ren­ operate a total of seven additional de­ that it is necessary to remove such for­ dered under permanent certificates at ap­ livery points to three existing customers, eign matter to restore the line to its proved rates. 5873 Tuesday, April 27, 1965 FEDERAL REGISTER utory period, were made effective by companies not subject to the Commis­ cial escrow account, subject to such Tribune, or its predecessors, and have sion’s jurisdiction, the Commission will agreement, and such bank or trust com­ authorize the release of such refund sums pany shall be bound to pay over to such been charged and collected subject to person or persons as may be identified refund. by Tribune (unless a State regulatory au­ Under the terms of the settlement thority after notification of the sum to and designated by final order of the Com­ offer, Tribune proposes to reduce its rate be made available to a company subject mission and in such manner as may be for the subject sale from the 23.55 cents to its regulatory jurisdiction asks us to therein specified, all or any portion of rate now in effect subject to refund to defer releasing the funds until it can de­ such deposits and the interest thereon. 15.75 cents per Mcf of gas at 15.025 psia, termine their ultimate disposition). (2) The bank or trust company may and to make refunds of the monies col­ In the event a pipeline purchaser from invest and reinvest such deposits in any lected subject to refund consistent with Transco (or a pipeline customer of such short-term indebtedness of the United the procedure set forth in Grigsby, supra, a pipeline) Indicates that it is asserting States or any agency thereof or in any with applicable interest thereon. Ap­ a claim to retain substantial refund form of obligation guaranteed by the proval of the proposed settlement will sums the Commission will by further United States which is, respectively, pay­ result in Tribune refunding approxi­ order prescribe the procedure for deter­ able within 120 days as the said bank or mately $167,520, exclusive of interest, and mining the relative rights to such funds trust company in the exercise of its sound a decrease in its annual revenues of ap­ of such pipeline or its customers. discretion may select. proximately $59,420 below that which it We find that approval of the proposed (3) Such bank or trust company shall currently charges and collects. settlement, as conditioned herein would be liable only for such interest as the in­ On March 1 and 9, 1965, Consolidated serve the public interest. vested funds described in paragraph (2) Edison, Co. of New York, Inc., and the The Commission finds : The proposed above will earn and no other interest United Gas Improvement Co. filed their settlement of the above-designated pro­ may be collected from it, respective comments to the settlement ceeding, on the basis described herein, (4) Such bank or trust company shall proposal. Each agreed to the proposal, as more fully set forth in the offer of be entitled to such compensation as is but urged that the moratorium, which settlement filed with the Commission by fair, reasonable and customary for its Tribune had proposed to extend to Jan­ Tribune on February 15, 1965, and as services as such, which compensation uary 1,1968, be extended by order of the herein conditioned is in the public inter­ shall be paid out of the escrow account Commission to run 36 months from the est and is appropriate to carry out the to such bank or trust company. Said first day of the month in which the order provisions of the Natural Gas Act and bank or trust company shall likewise be of the Commission approving the settle­ should be approved and made effective as entitled to reimbursement for its reason­ ment be issued. However, in Grigsby, hereinafter ordered. able expenses necessarily incurred in the supra, we specifically provided that the The Commission orders: administration of this escrow account, filing moratorium of 36 months imposed (A) The offer of settlement filed with which reimbursement shall be made out therein run from the first day of the the Commission by Tribune on February of the escrow account. month in which Grigsby filed its settle­ 15, 1965, is hereby approved in accord­ (5) Such bank or trust company shall ment proposal. Accordingly, we shall ance with the provisions of this order. report to the Secretary quarterly, certi­ condition our approval of Tribune’s pro­ (B) Tribune shall compute the differ­ fying the amount deposited in the bank posal to impose a filing moratorium of 36 ence between the rate collected subject to or trust company for the quarterly months commencing February 1,1965. refund and the related settlement rate period. We note that Tribune, in its offer, pro­ for the period such rate was collected (E) Tribune shall, over the signature poses that it be dismissed as a respondent subject to refund, to the date of this of a responsible officer, file with the Com­ in the area rate proceeding AR61-2. order, together with interest as specified mission, within 30 days from the date of However, as we stated in Southwest Gas in the above dockets to the date of this the issuance of this order, an original Producing Co., Inc. (Operator), et al., order, in accordance with the percentages and one copy of its acceptance or rejec­ Docket No. CM.6714, et al., 31 F.P.C. 192, set forth in Tribune’s offer. Tribune tion of the terms and conditions of this 193: shall within 45 days from the date of this order, including specifically the require­ All of our orders approving settlement order submit a report to the Commission, ment that it agree to a 36 month filing proposals or agreements are unquali­ and serve a copy on Transco setting out moratorium upon each of its presently fiedly subject to final determination in the amount of refund related to the sub­ filed rate schedules commencing Feb­ area proceedings, or proceedings of a ject rate schedule (showing separately ruary 1,1965. similar nature, and we will make no ex­ the principal and applicable interest), (F) Any party to the proceedings hav­ ception here. the basis used for such determination and ing objection to the terms of this order the period covered. shall within 30 days from the date of is­ That unchanged policy appertains here. (C) Tribune shall retain the refund suance of this order set forth such ob­ For all of the reasons set forth in our amounts shown in the report required jections in writing to the Commission order issued July 8,1964, in Humble Oil under paragraph (B) above, subject to (original and one copy) and by serving & Refining Co., Docket Nos. G-9287, et al., further order of the Commission direct­ copies on the other parties. ___ FPC __ , we shall require Tribune ing the disposition of those amounts. (G) If as a result of any objections to retain the amount of refunds, with (DO Tribune shall tender for filing on filed pursuant to paragraph (F) hereof, interest, ordered herein in trust until or before June 4, 1965, an executed Es­ the Commission by subsequent order further order directing the nature of crow Agreement, conditioned as set out ■changes Tribune’s duties and obliga­ their disposition and also to submit below, accompanied by certificate show­ tion hereunder, Tribune’s acceptance of within 45 days of this order to the Com­ ing service of a copy thereof upon this settlement order shall not be binding mission and to Transco a detailed report Transco. Unless notified to the con­ on it without its express agreement. setting out the amount of refund related trary by the Secretary within 30 days (H) Upon compliance by Tribune with to the instant rate schedule, the volume from the date of filing thereof, the Es­ all the terms and provisions of this order, of gas sold thereunder and the period crow Agreement shall be deemed to be the section 4(e) proceedings in Docket covered. We shall also by separate ac­ satisfactory and to have been accepted Nos. G-4335, GW5279, G-13032, G-17660, tion direct Transco within 10 days from for filing. The Escrow Agreement shall and RI60-138 shall terminate. the receipt of such report to submit a be entered into between Tribune and any (I) Upon termination of the section report of its own setting forth whether bank or trust company used as a de­ 4(e) proceedings set forth in paragraph it intends to pass on all or part of such positor for funds of the U.S. Government (H) above, the proceedings in Docket refund amounts to its customers and and the agreement shall be conditioned Nos. G-6279, G-13032, and RI6D-138 shall the names of such customers and as follows: be severed from the area rate proceeding amounts of refund each would receive, (1) Tribune, the bank or trust com­ AR61-2 without further order of the or, if it claims the right to retain any pany, and the successors and assigns of Commission, and RI60-138 shall be portion of the refunds, a brief statement each, shall be held and formally bound severed from the consolidated proceed­ as to the legal or equitable basis for such unto the Federal Power Commission for ings, G-17613, et al., Texaco Inc., et al. claim. In the event such reports indi­ the use and benefit of those entitled (K) This order is without prejudice cate that the refunds will flow through thereto, with respect to all amounts and to any findings or orders which have been to ultimate consumers or distribution thè interest thereon deposited in a spe- or may be made hereafter by the Com- 5874 NOTICES mission, and is without prejudice to nia corporation. It also has outstanding 2884, the following authority is hereby claims or contentions which may be 4,565 shares of its 6 percent Preferred redelegated to the specific positions as made by Tribune, the Commission staff, Stock and 34,446 shares of its 3 percent indicated herein: or any affected party hereto, in any pro­ Preferred B Stock, par value $25.00 held A. Size determinations (Delegated to ceedings now pending, including area of record by 1,271 shareholders. These the positions as indicated below). To rate or similar proceedings, or hereafter shares are not listed on a national se­ make initial size determinations in all instituted by or against Tribune or any curities exchange and the company has cases within the meaning of the Small other companies, person or parties af- never been required to file reports pur­ Business Size Standards Regulations, as fécted by this order. suant to section 13 or 15(d) of the Act. amended, and further, to make product By the Commission. 2. The purpose underlying the sale of classification decisions for financial as­ the preferred shares was to afford persons sistance purposes only. Product classi­ [seal] G ordon M. G rant, desiring to prearrange funeral services fication decisions for procurement pur­ Acting Secretary. with a method of so doing while retain­ poses are made by contracting officers. [F.R. Doc. 65-4382; Filed, Apr. 26, 1965; ing to themselves some earning power for B. Eligibility determinations (Dele­ 8:48 a.m.] the funds invested, and a substantial ma­ gated to the positions as indicated be­ jority (89.77 percent) of such shares has low). To determine eligibility of appli­ been pledged by the purchasers thereof cants for assistance under any program for future funeral services. The re­ of the Agency in accordance with Small SECURITIES AND EXCHANGE mainder of the shares are held by 128 Business Administration standards and persons for investment. policies. COMMISSION 3. Shares that have been pledged for C. Chief, Financial Assistance Divi­ [File No. 01-2] funeral services are not removable from sion. 1. Item I.A. (Size Determinations the pledge although the company cus­ for Financial Assistance Only.) PIERCE BROS. tomarily repurchases such shares in re­ 2. Item I.B. (Eligibility Determina­ turn for cancellation of the obligation by tions for Financial Assistance Only.) Notice of Application and Opportunity it to furnish future funeral services. 3. To approve the following: for Hearing 4. There is no over-the-counter market a. Direct loans not exceeding $100,000. April 21, 1965. o f trading in the preferred shares, nor b. Participation loans not exceeding is there any other public market therefor. $250,000 (SBA share). Notice is hereby given that the Pierce 5. The company waives notice of hear­ c. Simplified bank participation loans Bros. (“company”), North Holly­ ing and the hearing itself in connection not exceeding $350,000 (SBA share). wood, Calif., has filed an applica­ d. Simplified early maturities partici­ tion pursuant to section 12(h) of the with this matter. For a more detailed statement of the pation loans not exceeding $350,000 Securities Exchange Act of 1934, as information presented, all persons are re­ (SBA share). amended (“Act”), for a finding that by ferred to said application which is on file e. Direct disaster loans not exceeding reason of the limited amount of trading in the offices of the Commission at 425 $350,000. interest in its securities and the nature Second Street NW., Washington, D.C. f. Participation disaster loans not ex­ and extent of its activities, an exemption Notice is further given that any in­ ceeding $350,000 (SBA share). from the registration provisions of sec­ terested person may, not later than May 4. To decline as follows: tion 12(g) of the Act would not be in­ 7, 1965, submit to the Commission in a. Business loans not exceeding $250,- consistent with the public interest or the writing his views or any additional facts 000 (SBA share). protection of investors. Exemption bearing upon this application or the de­ b. Disaster loans not exceeding $350,000 from section 12(g) will have the addi­ (SBA share). tional effect of exempting the company sirability of a hearing thereon. Any such communication or request should be 5. To disburse unsecured disaster loans. from sections 13 and 14 of the Act and addressed: Secretary, Securities and Ex­ 6. To enter into business and disaster any officer, director or beneficial owner change Commission, 425 Second Street loan participation agreements with of more than 10 percent of the company’s NW., Washington, D.C., 20549, and should banks. securities from section 16 thereof. state briefly the nature of the interest of 7. To execute loan authorizations for Section 12(g) of the Act requires the the person submitting such information Washington approved loans and for loans registration of the equity securities of or requesting a hearing, the reason for approved under delegated authority, said every issuer which is engaged in or in execution to read as follows: a business affecting interstate commerce, such request, and the issues of fact and or whose securities are traded by use of law raised by the application which he (Name) Administrator, the mails or any means or instrumental­ desires to controvert. At any time after B y ------said date, an order granting the appli­ (Name) / ity of interstate commerce and, on the cation may be issued by the Commission (Title of person signing) last day of its fiscal year, has total assets unless an order for hearing upon said exceeding $1,000,000, and a class of equity application be issued upon request or 8. To cancel, reinstate, modify and security held of record initially by 750 or upon the Commission’s own motion. amend authorizations for business or more persons, and after July 1, 1966, by disaster loans. 500 or more persons. By the Commission. 9. To extend the disbursement period Section 12(h) empowers the Commis­ [seal] Orval L. DuBois, on all loan authorizations or undisbursed sion to exempt, in whole or in part, any Secretary. portions of loans. issuer or class of issuers from the regis­ 10. To approve, when requested, in tration, periodic reporting and proxy so­ [F.R. Doc. 65-4354; Filed, Apr. 26, 1965; advance of disbursement, conformed licitation provisions and to grant ex­ 8:47 a.m.] copies of notes and other closing docu­ emptions from the insider reporting and ments; and to certify to the participating trading provisions of the Act if the Com­ bank that such documents are in com­ mission finds, by reason of the number of pliance with the participation authoriza­ public investors, amount of trading in­ SMALL BUSINESS ADMINISTRA­ tion. terest in the securities, the nature and 11. To approve service charges by par­ extent of the activities of the issuer, or TION ticipating bank not to exceed 2 percent otherwise, that such exemption is not in­ [Delegation of Authority 30; Birmingham, per annum on the outstanding principal consistent with the public interest or the Ala. Region] balance on construction loans and loans protection of investors. involving account receivable and inven­ The company’s application states, in BIRMINGHAM REGIONAL AREA tory financing. part: Delegation of Authority To Conduct 12. To take all necessary actions in 1. The company, a California corpo­ Program Activities connection with the administration, ration, had total assets of $4,000,000 at servicing, and collection of all loans and August 31,1964. It has outstanding 1,800 I. Pursuant to the authority delegatedother obligations or assets, and to do and shares of Common Stock without par to the Regional Director by Delegation perform and to assent to the doing and value, held by Valhalla Corp., a Califor­ of Authority No. 30 (Atlanta), 30 F.R. performance of, all and every act and Tuesday, April 27, 1965 FEDERAL REGISTER 5875 thing requisite and proper to effectuate 3. To rent motor vehicles from thepliance with the partication authoriza­ the granted powers, including without General Services Administration and to tion. limiting the generality of the foregoing: rent garage space for the storage of such 11. To approve service charges by par­ a. The assignment, endorsement, vehicles when not furnished by this ad­ ticipating bank not to exceed 2 percent transfer and delivery (but in all cases ministration. per annum on the outstanding principal without representation, recourse or war­ II. The authority delegated hereinbalance of construction loans and loans ranty) of notes, claims, bonds, deben­ cannot be redelegated. involving accounts receivable and inven­ tures, mortgages, deeds of trust, con­ 3H. The authority delegated herein to tory financing. tracts, patents and applications therefor, a specific position may be exercised by 12. To take all necessary actions in licenses, certificates of stock and of de­ any SBA employee designated as acting connection with the administration, serv­ posit, and any other liens, powers, rights, in that position. icing, collection and liquidation of all charges oh and interest in or to property IV. All previously delegated authority loans and other obligations or assets, of any kind, legal and equitable, now or is hereby rescinded without prejudice to including collateral purchased; and to do hereafter held by the Small Business actions taken under such Delegations of and perform and to assent to the doing Administration or its Administrator; Authority prior to the date hereof. and performance of, all and every act b. The execution and delivery of con­ and thing requisite and proper to effec­ tracts of sale or of lease or sublease, quit­ Effective date; February 1,1965. tuate the granted powers, including with­ claim, bargain and sale or special war­ P aul R. B runson, out limiting the generality of the fore­ ranty deeds, bills of sale, leases, subleases, Acting Regional Director, going: assignments, subordinations, leases (in Birmingham, Ala. a. The assignment, endorsement, whole or in part) of liens, satisfaction transfer and delivery (but in all cases JF.R. Doc. 65-4521; Piled, Apr. 26, 1965; without representation, recourse or war­ pieces, affidavits, proofs of claim In bank­ 8:45 a.m.] ruptcy or other estates and such other ranty) of notes, claims, bonds, deben­ instruments in writing as may be appro­ tures, mortgages, deeds of trust, con­ priate and necessary to effectuate the [Delegation of Authority 30; Little Rock, tracts, patents and applications therefor, foregoing- Ark., Region] licenses, certificates of stock and of de­ c. The approval of bank applications posit, and any other liens, powers, rights, for use of liquidity privilege" under the LITTLE ROCK REGIONAL OFFICE charges on and interest in or to property loan guaranty plan. of any kind, legal and equitable, now or D. Chief, Loan Processing and Admin­ Delegation of Authority To Conduct hereafter held by the Small Business istration Section. 1. To approve amend­ Program Activities Administration or its Administrator; ments and modifications of loan condi­ 1. Pursuant to the authority delegated b. The execution and delivery of con­ tions for loans that have been fully to the Regional Director by Delegation iff tracts of sale or of lease or sublease, quit­ disbursed. Authority No. 30 (Southwestern Area, claim, bargain and sale or special war­ 2. Items I.C.3. and 4. Dallas, Tex.), 30 F.R. 3253, the following ranty deeds, bills of sale, leases, sub­ 3. Items I.C.6. through 10. authority is hereby redelegated to the leases, assignments, subordinations, re­ 4. Item.XC.12.—Only the authority for Chief, Financial Assistance Division; leases (in whole or part) of liens, satis­ servicing, administration, and collection, A . Financial assistance. 1. To ap­ faction pieces, affidavits, proofs of claim including subitems a. and b. prove business and disaster loans not In bankruptcy or other estates and such 5. Item I.A. (Size Determinations for exceeding $350,000 (SEA’s share) when other instruments in writing as may be Financial Assistance Only.) in concurrence with the specialist’s appropriate and necessary to effectuate 6. Item J.B. (Eligibility Determina­ recommendation. the foregoing. tions for Financial Assistance Only.) 2. To decline business and disaster c. The approval of bank applications E. Reserved. loans of any amount when in concur­ for use of liquidity privilege under the F. Reserved. rence with the specialist’s recommenda­ loan guaranty plan. G. Reserved. tion. B. Eligibility determinations. To de­ H. Chief, Procurement and Manage­ 3. To disburse approved loans. termine eligibility of applicants for fi­ ment Assistance Division. 1. Item I.A. 4. To enter into business loan and nancial assistance in accordance' with (Size Determinations on PMA Activities disaster loan participation agreements Small Business Administration stand­ Only.) with banks. ards and policies. 2. Item IB . (Eligibility Determina­ 5. To approve section 502 loans as C. Size determinations. To make ini­ tions on PMA Activities Only.) follows: tial size determinations in all fin an rial I. Regional Counsel. To disburse ap­ a. Direct loans mot exceeding $50,000. assistance cases within the meaning of proved loans. b. Participation loans when the bank’s the Small Business Size Standards Reg­ J. Administrative Assistant. 1. To (a) share is 10 percent or more—not to ex­ ulations, as amended^ and further, to make emergency purchases chargeable to ceed $100,000. make product classification decisions for the administrative expense fund, not in 6. To decline loan applications In the financial assistance purposes only. excess of $25 In any one object class in categories described in Item I.A.5 above. n . The above authority cannot be re­ any one instance but not more than $50 7. To execute loan authorizations fear ddlegated. in any one month for total purchases in Washington approved loans, loans ap­ m . All authority delegated herein may all object classes; (b) make purchases proved in the area office and for loans be exercised by any Small Business Ad­ not In excess of $10 in any one instance approved under delegated authority, said ministration employee designated as Act­ for “one-time use items” not carried in execution to read as follows: ing Chief, Financial Assistance Division. stock subject to the total limitations set Effective date: April 7, 1965. forth in (a) of this paragraph; (c) to (Name), Administrator, By------— C. W. F erguson, contract for the repair and maintenance (Name) of equipment and furnishings in an Chief, Financial Assist­ Acting Regional Director, SBA, amount not to exceed $25 in any one in­ ance Division, Little Southwestern Area, Little stance; and (d) purchase printing from Rock, Ark. Rock, Ark. the General Services Administration [F.R. Doc. 65-4322; Filed, Apr. 26, 1965; where centralized reproduction facilities 8. To cancel, reinstate, modify and 8:45 a.m.] have been established by GSA. amend authorizations for business or dis­ 2. In connection with the establish­aster loans. (Delegation of Authority 30; Jacksonville, ment of Disaster Loan Offices, to (a) 9. To extend the disbursement period Fla., Region] on all loan authorizations or undisbursed obligate Small Business Administration portions of loans. JACKSONVILLE REGIONAL AREA to reimburse General Services Adminis­ 10. To approve, when requested, in Delegation of Authority To Conduct tration for rental of office space; (b) advance of disbursement, conformed rent office equipment; (c) procure copies of notes and other closing docu­ Program Activities (without dollar limitation) emergency ments; and certify to the participating X Pursuant to the authority delegated supplies and materials. bank that such documents are in com­ to the Regional Director by Delegation of 5876 NOTICES

Authority No. 30 (Atlanta, Ga.), 30 F.R. and performance of, all and every act and IV. All previously delegated authority 972, the following authority is hereby thing requisite and proper to effectuate is hereby rescinded without prejudice to redelegated to the specific positions as the granted powers, including without actions taken under such delegations of indicated herein : limiting the generality of the foregoing: authority prior to the date hereof. A. Size determinations (Delegated to a. The assignment, endorsement, the positions as indicated below) . To transfer and delivery (but in all cases Effective date: February 1, 1965. make initial size determinations in all without representation, recourse or war­ K ennon H. T urner, cases within the meaning of the Small ranty) of notes, claims, bonds, deben­ Acting Regional Director, Business Size Standards Regulations, as tures, mortgages, deeds of trust, con­ Jacksonville, Fla. amended, and further, to make product tracts, patents and applications therefor, [FJR. Doc. 65-4323; Filed, Apr. 26, 1965; classification decisions for financial as­ licenses, certificates of stock and of de­ 8:45 a.m.] sistance purposes only. Product classi­ posit, and any other liens, powers,, rights, fication decisions for procurement pur­ charges on and interest in or to property poses are made by contracting officers. of any kind, legal and equitable, now or [Delegation of Authority 30; Miami, Fla. B. Eligibility determinations (Dele­ hereafter held by the Small Business Ad­ Region] gated to the positions as indicated be­ ministration or its Administrator; MIAMI REGIONAL AREA low) . To determine eligibility of appli­ b. The execution and delivery of con­ cants for assistance under any program tracts of sale or of lease or sublease, Delegation of Authority To Conduct of the Agency in accordance with Small quit-claim, bargain and sale or special Program Activities Business Administration standards and warranty deeds, bills of sale, leases, sub­ policies. leases, assignments, subordinations, re­ 1. Pursuant to the authority delegated C. Chief, Financial Assistance Division. leases (in whole or in part) of Mens, to the Regional Director by Delegation 1. Item I.A. (Size Determinations for Fi­ satisfaction pieces, affidavits, proofs of of Authority No. 30—(Atlanta), 30 F.R. nancial assistance only). claim in bankruptcy or other estates, 2884, the following authority is hereby 2.Item I.B. (Eligibility Determinations and such other instruments in writing redelegated to the specific positions as for Financial Assistance only). ' as may be appropriate and necessary to indicated herein: 3. To approve the following : effecutate the foregoing. A. Size determinations (Delegated to the positions as indicated below) . To a. Direct loans not exceeding $100,000. c. The approval of bank applications make initial size determinations in all b. Participation loans not exceeding for use of liquidity privilege under the cases within the meaning of the Small $250,000 (SBA share). loan guaranty plan. Business Size Standards Regulations, as c. Simplified bank participation loans D. Chief, Loan Administration Unit. amended, and further, to make product not exceeding $350,000 (SBA share). 1. To approve amendments and modifica­ classification decisions for financial as­ d. Simplified early maturities partici­ tions of loan conditions for loans that sistance purposes only. Product classi­ pation loans not exceeding $350,000 (SBA have been fully disbursed. fication decisions for procurement pur­ share). 2. Item I.C.12.—Only the authorityposes are made by contracting officers. e. Direct disaster loans not exceeding for servicing, administration, and collec­ B. Eligibility determinations (Dele­ $350,000. tion, including subitems a. and b. gated to the positions as indicated be­ f. Participation disaster loans not ex­ E. Reserved. low). To determine eligibility of appli­ ceeding $350,000 (SBA share). F. Reserved. cants for assistance under any program 4. To decline as follows: G. Reserved. of the Agency in accordance with Small a. Business loans not exceeding $250,- H. Reserved. Business Administration standards and 000 (SBA share). I. Regional Counsel. To disburse ap­ policies. b. Disaster loans not exceeding $350,- proved loans. C. Chief, Financial Assistance Divi­ 000 (SBA share). J. Administrative Assistant. 1. To (a) sion. 1. Item I.A. (Size Determinations 5. To disburse unsecured disaster make emergency purchases chargeable for Financial Assistance only.) loans. to the administrative expense fund, not 2. Item I.B. (EligibiUty Determina­ 6. To enter into business and disaster in excess of $25 in any one object class tions for Financial Assistance only.) loan participation agreements with in any one instance but not more than 3. To approve the following: banks. $50 in any one month for total purchases a. Business and disaster loans not ex­ 7. To execute loan authorizations for in all object classes; (b) make purchases ceeding $350,000 (SBA share). Washington approved loans and for loans not in excess of $10 in any one instance b. Section 502 loans—direct $50,000 approved under delegated authority, said for “one-time use items” not carried in and participation loans where the bank’s execution to read as follows : stock subject to the total limitations set share is 10 percent or more—$100,000. (Name), Administrator forth in (a) of this paragraph; (c) to 4. Decline loan appMcations in the B y ------«.------contract for the repair and maintenance Categories described in Item I.C.3.b. (Name) of equipment and furnishings in an above. (Title of person signing) amount not to exceed $25 in any one 5. To decline business and disaster instance; and (d) purchase printing 8. To cancel, reinstate, modify, and loans of any amount. from the General Services Administra­ 6. To disburse unsecured disaster amend authorizations for business or dis­ tion where centralized reproduction fa­ aster loans. loans. cilities have been established by GSA. 7. To enter into business and disaster 9. To extend the disbursement period 2. In connection with the estabhsh- on all loan authorizations or undisbursed loan participation agreements with ment of Disaster Loan Offices, to (a) banks.. portions of loans. obligate Small Business Administration 10. To approve, when requested, in ad­ 8. To execute loan authorizations for to reimburse General Services Adminis­ Washington approved loans and loans vance of disbursement, conformed copies tration for rental of office space; (b) rent of notes and other closing documents; approved under delegated authority, said office equipment; and (c) procure (with­ execution to read as follows: and to certify to the participating bank out dollar limitation) emergency sup­ that such documents are in compliance plies and materials. (Name), Administrator, with the participation authorization. B y ------3. To rent motor vehicles from the (Name) 11. To approve service charges by par­ General Services Administration and to (Title of person signing) ticipating bank not to exceed 2 percent rent garage space for the storage of such per annum on the outstanding principal 9. To cancel, reinstate, modify and balance on construction loans and loans vehicles when not furnished by this amend authorizations for business or dis­ involving account receivable and inven­ administration. aster loans.s tory financing. n . The authority delegated herein 10. To extend the disbursement period 12. To take all necessary actions in cannot be redelegated. on all loan authorizations or undisbursed connection with the administration, serv­ III. The authority delegated herein toportions of loans. icing, and collection of all loans and a specific position may be exercised by 11. To approve, when requested, in ad­ other obligations or assets, and to do any SBA employee designated as Acting vance of disbursement, conformed copies and perform and to assent to the doing in that position. of notes and other closing documents; Tuesday, April 27, 1965 FEDERAL REGISTER 5877 and certify to the participating bank 2. To (a) purchase all office supplies bisection 502 loans—direct $50,000 that such documents are in compliance and expendable equipment, including all and participation loans where the bank's with the participation authorization. desk-top items, and rent regular office share is 10 percent or more—$100,000. 12. To approve service charges by equipment; (b) contract for repair, and 4. Decline loan applications in the participating bank not to exceed 2 per­ maintenance of equipment and furnish­ categories described in Item I.C.3.b., cent per annum on the outstanding prin­ ings; (c) contract for services required above. cipal balance on construction loans and in setting up and dismantling and mov­ 5. To decline business and disaster loans involving accounts receivable and ing SBA exhibits and (d) issue Govern­ loans of any amount. inventory financing. ment bills of lading. 6. To disburse unsecured disaster 13. To take, all necessary actions in 3. In connection with the establish­ loans. connection with the administration, ment of Disaster Loan Offices, to (a) 7. To enter into business and disaster servicing, collection and liquidation of obligate Small Business Administration loan participation agreements with all loans and other obligations or assets, to reimburse General Services Adminis­ banks. including collateral purchased; and to tration for the rental of office space; (b) 8. To execute loan authorizations for do and to perform and to assent to the rent office equipment; and (c) procure Washington approved loans and loans doing and performance of, all and every (without dollar limitation) emergency approved under delegated authority, said act and thing requisite and proper to ef­ supplies and materials. - execution to read as follows: fectuate the granted powers, including 4. To rent motor vehicles from the (Name), Administrator, without limiting the generality of the General Services Administration and to By foregoing: rent garage space for the storage of such (Name) a. The assignment, endorsement, vehicles when not furnished by this Ad­ (Title of person signing) -transfer, and delivery (but in all cases ministration.’ without representation, recourse or war­ II. The authority delegated herein 9. To cancel, reinstate, modify and ranty) of notes, claims, bonds, deben­ cannot be redelegated. amend authorizations for business or dis­ tures, mortgages, deeds of trust, con­ III. The authority delegated herein to aster loans. tracts, patents and applications there­ a specific position may be exercised by 10. To extend the disbursement period for, licenses, certificates of stock and of any SBA employee designated as Acting on all loan authorizations or undisbursed deposit, and any other liens, powers, in that position. portions of loans. rights, charges on and interest in or to IV. All previously delegated authority 11. To approve, when requested, in ad­ property of any kind, legal and equi­ is hereby rescinded without prejudice to vance of disbursement, conformed copies table, now or hereafter held by the Small actions taken under such Delegations of of notes and other closing documents; Business Administration or its Admin­ Authority prior to the date hereof. and certify to the participating bank that istrator; such documents are in compliance with b. The execution and delivery of con­ Effective date: February 1,1965. the participation authorization. tracts of sale or of lease or sublease, T homas A. Butler, 12. To approve services charges by quit-claim, bargain and sale or special Acting Regional Director, participating bank not to exceed 2 per­ warranty deeds, bills of sale, leases, sub­ Miami, Fla. cent per annum on the outstanding prin­ leases, assignments, subordinations, re­ cipal balance on construction loans and leases (in whole or in part) of liens, sat­ [F.R. Doc. 65-4324; Filed, Apr. 26, 1965; loans involving accounts receivable and isfaction pieces, affidavits, proofs of 8j45 a.m.] inventory financing. claim in bankruptcy or other estates and 13. To take all necessary actions in connection with the administration, such other instruments in writing as may [Delegation of Authority 30; Atlanta, Ga. be appropriate and necessary to effectu­ Region] servicing, collection and liquidation of all ate the foregoing. loans and other obligations or assets, in­ c. The approval of bank applications ATLANTA REGIONAL AREA cluding collateral purchased; and to do for use of liquidity privilege under the and to perform and to assent to the loan guaranty plan. Delegation of Authority To Conduct doing and performance of, all and every D. Chief, Loan Processing and Admin­ Program Activities act and thing requisite and proper to istration Section. 1. To approve effectuate the granted powers, including amendments and modifications of loan 3T. Pursuant to the authority delegated without limiting the generality of the conditions for loans that have been fully to the Regional Director by Delegation of foregoing: disbursed. Authority No. 30—Atlanta, 30 F.R. 2884, a. The assignment, endorsement, 2. Items I.C. 3. and 4. ? the following authority is hereby redele­ transfer and delivery (but in all cases 3. To decline business and disaster gated to the specific positions as indi­ without representation, recourse or war­ loans of any amount. cated herein; ranty) of notes, claims, bonds, deben­ 4. Items I.C.7. through 11. A. Size determinations (Delegated to tures, mortgages, deeds of trust, con­ 5. Item I.C.13.—Only the authority for the positions as indicated below). To tracts, patents and applications therefor, servicing, administration, and collection, make initial size determinations in all licenses, certificates of stock and of de­ including subitems a. and b. cases within the meaning of the Small posit, and any other liens, powers, rights, 6. Item I.A. (Size Determinations for Business Size Standards Regulations, as charges on and interest in or to property Financial Assistance only.) amended, and further, to make product of any kind, legal and equitable, now or 7. Item I.B. (Eligibility Determinations classification decisions for financial as­ hereafter held by the Small Business Ad­ for Financial Assistance only.) sistance purposes only. Product classi­ ministration or its Administrator; E. Chief, Loan Liquidation Section. fication decisions for procurement pur­ b. The execution and delivery of con­ Item I.C.13.—Only the authority for poses are made by contracting officers. tracts of sale or of lease or sublease, liquidation, including collateral pur­ B. Eligibility determinations (Dele­ quit-claim, bargain and sale or special chased, and subitems a. and b. gated to the positions as indicated be­ warranty deeds, bills of sale, leases, sub­ F. Reserved. N low). To determine eligibility of leases, assignments, subordinations, re­ G. Reserved. applicants for assistance under any pro­ leases (in whole or in part) of liens, H. Chief, Procurement and Manage­ gram of the Agency in accordance with satisfaction pieces, affidavits, proofs of ment Assistance. 1. Item I.A. (Size De­ Small Business Administration standards claim in bankruptcy or other estates and terminations on PMA Activities only.) and policies. such other instruments in writing as 2. Item I.B. (Eligibility Determina­ C. Chief, Financial Assistance Division may be appropriate and necessary to tions on PMA Activities only.) (and Assistant Chief, if assigned). 1. effectuate the foregoing. I. Regional Counsel. To disburse ap­ Item I.A. (Size Determinations for Fi­ proved loans. nancial Assistance only.) c. The approval of bank applications J. Administrative Assistant. 1. To 2. Item I.B. (Eligibility Determina­ for use of liquidity privilege under the purchase reproductions of loan docu­ tions for Financial Assistance only.) loan guaranty plan. ments, chargeable to the revolving fund, 3. To approve the following: D. Chief, Loan Processing and Admin­ requested by United States Attorney in a. Business and disaster loans not ex­istration Section. 1. To approve amend­ foreclosure cases. ceeding $350,000 (SBA share). ments and modifications of loan condi- No. 80----- 9 5878 NOTICES

tions for loans that have been fully of Authority No. 30—Atlanta, 30 F.R. perform and to assent to the doing and disbursed. 2884, the following authority is hereby performance of, all and every act and 2. Items I.C.3. and 4. redelegated to the specific positions as thing requisite and proper to effectuate 3. To decline business and disaster indicated herein: the granted powers, including without loans of any amount. A. Size determinations (Delegated to limiting the generality of the foregoing: 4. Items I.C. 7. through 11. the positions as indicated below). To a. The assignment, endorsement, 5. Item I.C. 13.—Only the authority make initial size determinations in all transfer and delivery {but in all cases for servicing, administration, and collec­ cases within the meaning of the Small without representation, recourse or war­ tion, including subitems a. and b. Business Size Standards Regulations, as ranty) ^©f notes, claims, bonds, deben­ 6. Item I .A. (Size Determinations for amended, and further, to make product tures, mortgages, deeds of trust, con­ Financial Assistance only.) classification decisions for financial as­ tracts, patents and applications therefor, 7. Item I.B. {Eligibility Determina­ sistance purposes only. Product classifi­ licenses, certificates of stock and of de­ tions for Financial Assistance only.) cation decisions for procurement pur­ posit, and any other liens, powers, rights, E. Chief, Loan Liquidation Section. poses are made by contracting officers. charges on and interest in or to property Item I.C. 13.—Only the authority for B. Eligibility determinations (Delegat­ of any kind, legal and equitable, now or liquidation, including collateral pur­ ed to the positions as indicated be­ hereafter held by the Small Business Ad­ chased, and subitems a. and b. low) . To determine eligibility of appli­ ministration or its Administrator; F. Reserved. cants for assistance under any program b. The execution and delivery of con­ G. Reserved. of the Agency in accordance with Small tracts of sale or of lease or sublease, quit­ H. Chief, Procurement and Manage­ Business Administration standards and claim, bargain and sale or special war­ ment Assistance. 1. Item I.A. (Size De­ policies. ranty deeds, bills of sale, leases, subleases, terminations on PMA Activities only.) C. Chief, Financial Assistance Division assignments, subordinations, releases (in 2. Item I.B. (Eligibility Determinations(and Assistant Chief, if assigned). 1. whole or in part) of liens, satisfaction on PMA Activities only.) Item l.A. (Size Determinations for Fi­ pieces, affidavits, proofs of claim in bank­ I. Regional Counsel. To disburse ap­ nancial Assistance only.) ruptcy or other estates and such other proved loans. 2. Item l.B. (Eligibility Determina­ instruments in writing as may be ap­ J. Administrative Assistant. 1. To tions for Financial Assistance only.) propriate and necessary to effectuate the purchase reproductions of loan docu­ 3. To approve the following: foregoing. ments, chargeable to the revolving fund, a. Direct loans not exceeding $100,000. c. The approval of bank applications requested by United States Attorney in b. Participation loans not exceeding for use of liquidity privilege under the foreclosure cases. $250,000 (SBA share). loan guaranty plan. 2. To (a) purchase all office supplies c. Simplified bank participation loans D. Chief, Loan Processing and Admin­ and expendable equipment, including all not exceeding $350,000 {SBA share) , istration Section. 1. To approve amend­ desk-top items, and rent regular office d. Simplified early maturities partici­ ments and modifications of loan condi­ equipment; (b) contract for repair and pation loans not exceeding $350,000 (SBA tions for loans that have been fully maintenance of equipment and furnish­ share). disbursed. ings; (c) contract for services required e. Direct disaster loans not exceeding 2. Items I.C. 3 and 4. in setting up and dismantling and mov­ $350,000. 3. Items I.C. 6through 10. ing SBA exhibits and id) issue Govern­ f. Participation disaster loans not ex­ 4. Item I.C. 12.—Only the authority ment bills of lading. ceeding $350,000 (SBA share). for servicing, administration, and collec­ 3. In connection with the establish­ 4. To decline as follows: tion, including subitems a. and b. ment of Disaster Loan Offices, to

a. The assignment, endorsement, vehicles when not furnished by this Ad­ per annum on the outstanding princi­ transfer and delivery (but in all cases ministration. pal balance of construction loans and without represèntation, recourse or war­ II. The authority delegated herein loans involving accounts receivable and ranty) of notes, claims, bonds, deben­ cannot be redelegated. inventory financing. tures, mortgages, deeds of. trust, con­ HL The authority delegated herein 12. To take all necessary actions in tracts, patents and applications therefor, to a specific position may be exercised connection with the administration, licenses, certificates of stock and of de­ by any SBA employee designated as servicing, collection and liquidation of posit, and any other liens, powers, rights, acting in that position. all loans and other obligations or assets, charges on and interest in or to property IV. All previously delegated authority including - collateral purchased; and to of any kind, legal and equitable, now or is hereby rescinded without prejudice to do and perform and to assent to the doing hereafter held by the Small Business Ad­ actions taken under such Delegations of and performance of, all and every act and ministration or its Administrator ; Authority prior to the date hereof. thing requisite and proper to effectuate b. The execution and delivery of con­ Effective date: February 1, 1965. the granted powers, including without tracts of sale or of lease or sublease, quit­ limiting the generality of the foregoing: claim, bargain and sales or special G eorge A. F eild, a. The assignment, endorsement, warranty deeds, bills of sale, leases, sub­ Regional Director, transfer and delivery (but in all cases leases, assignments, subordinations, re­ Jackson, Miss. without representation, recourse or war­ leases (in whole or in part) of liens, sat­ [F.R. Doc. 65—4328; Filed, Apr. 26, 1965; ranty) of notes, claims, bonds, deben­ isfaction pieces, affidavits, proofs of claim 8:45 ajn.] tures, mortgages, deeds of trust, con­ in bankruptcy or other estates and such tracts, patents and applications there­ other instruments in writing as may be for licenses, certificates of stock and of appropriate and necessary to effectuate [Delegation of Authority 30; Albuquerque, deposit, and any other liens, powers, the foregoing. N. Mex., Region] rights, charges on and interest in or to c. The approval of bank applications ALBUQUERQUE REGIONAL OFFICE property of any kind, legal and equitable, for use in liquidity privilege under the now or hereafter held by the Small Busi­ loan guaranty plan. Delegation of Authority To Conduct ness Administration or its Administrator; D. Chief, Loan Processing and Admin­ Program Activities b. The execution and delivery of con­ istration Section. 1. To approve amend­ 1. Pursuant to the authority delegated tracts of sale or of lease or sublease, ments and modifications of loan condi­ to the Regional Director by Delegation quitclaim, bargain, and sale or special tions for loans that have been fully dis­ of Authority No. 30 (Southwestern Area, warranty deeds, bills of sale, leases, sub­ bursed. Dallas, Tex.), 30 F.R. 3253, the following leases, assignments, subordinations, re­ 2. Items I.C. 3. and 4. authority is hereby redelegated to the leases (in whole or part) or liens, satis­ 3. To decline business and disaster Chief, Financial Assistance Division: faction pieces, affidavits, proofs of claim loans of any amount. A. Financial assistance. 1. To ap­in bankruptcy or other estates and such 4. Items I.C. 7 through 11. prove business and disaster loans not ex­ other instruments in writing as may be 5. Item I.C.13.—Only the authority ceeding" $350,000 (SBA’s share) when in appropriate and necessary to effectuate for servicing, administration, and collec­ the foregoing. tion, including subitems a. and b. concurrence with the specialist’s recom­ c. The approval of bank applications 6. Item I.A. (Size Determinations for mendation. for use of liquidity privilege under the Financial Assitsance only.) 2. To decline business and disaster loan guarranty plan. 7. Item I.B. (Eligibility Determina­ loans of any amount, when in concur­ B. Eligibility determinations. To de­ tions for Financial Assistance only.) rence with the specialist's recommenda­ termine elibility of applicants for finan­ E. Chief, Loan Liquidation Section. tion. cial assistance in accordance with Small Item I.C.13.—Only the authority for li­ 3. To disburse approved loans. Business Administration standards and quidation, including collateral pur­ 4. To enter into business loan and dis­ policies. chased, and subitems a. and b. aster loan participation agreement with C. Size determinations. To make ini­ F. Reserved. banks. tial size determinations in all financial G. Reserved. 5. To approve section 502 loans as assistance cases within the meaning of H. Chief, Procurement and Manage­ follows: the Small Business Size Standards Reg­ ment Assistance. 1. Item I.A. (Size De­ a. Direct loans not exceeding $50,000. ulations, as amended, and further, to terminations on PMA Activities only.) b. Participation loans when the bank’s make product classification decisions for 2. Item I.B. (Eligibility Determinationsshare is 10 percent or more—not to ex­ financial assistance purposes only. on PMA Activities only.) ceed $100,000. II. The above authority cannot be re­ I. Regional Counsel. To disburse ap­ 6. To decline loan applications in the delegated. % proved loans. categories described in Item I.A.5 above. in. All authority delegated herein J. Administrative Assistant. 1. To 7. To execute Loan Authorizations for may be exercised by any Small Business purchase reproductions of loan docu­ Washington approved loans and for Administration employee designated as ments, chargeable to the revolving fund, loans approved ‘ in the area office and Acting Chief, Financial Assistance Divi­ requested by United States Attorney in under delegated authority, said execu­ sion. foreclosure cases. tion to read as follows: 2. To (a) purchase all office supplies (Nam e), Administrator, Effective date: March 26, 1965. and expendable equipment, including all B y ...... Dick A. Valdez, desk-top items, and rent regular office (Name) Acting Regional Director, SBA, equipment; (b) contract for repair and Chief, Financial Assist­ Southwestern Area, Albuquer­ maintenance of equipment and furnish­ ance Division, Albu­ que, N. Mex. querque, N. Mex. ings; (c) contract for services required [F.R. Doc. 65-4329; Filed, Apr. 26, 1965; in setting up and dismantling and mov­ 8. To cancel, reinstate, modify and 8:46 a.m.] ing SBA exhibits and (d) issue Govern­ amend authorizations for business or ment bills of lading. disaster loans. 3. In connection with the establish­ 9. To extend the disbursement period [Delegation of Authority 30; New York, N.Y., ment of disaster loan offices, to (a) ob­ on all loan authorizations or undisbursed Region] ligate Small Business Administration to portions of loans. NEW YORK REGIONAL AREA reimburse General Services Administra­ 10. To approve, when requested, in ad­ tion for the rental of office space; (b) vance of disbursement, conformed copies Delegation of Authority To Conduct rent office equipment; and (c) procure of notes and other closing documents; Program Activities (without dollar limitation) emergency and certify to the participating bank that supplies and materials. such documents are in compliance with I. Pursuant to the authority delegated 4. To rent motor vehicles from the the participation authorization. to the Regional Director by Delegation of General Services Administration and to 11. To approve service charges by par­ Authority No. 30—New York, 30 F.R. rent garage space for the storage of such ticipating bank not to exceed 2 percent 2885, the following authority is hereby Tuesday, April 27, 1935 FEDERAL REGISTER 5881 redelegated to the specific positions as a. The assignment, endorsement, vehicles when not furnished by this Ad­ indicated herein: transfer and delivery (but in all cases ministration. A. Size determinations (Delegated to without representation, recourse or war­ n . The authority delegated herein the positions as indicated below). To ranty) of notes, claims, bonds, deben­ cannot be redelegated. make initial size determinations in all tures, mortgages, deeds of-trust, con­ III. The authority delegated herein to cases within the meaning of the Small tracts, patents and applications therefor, a specific position may be exercised by Business Size Standards Regulations, as licenses, certificates of stock and of de­ any SBA employee designated as Acting amended, and further, to make product posit, and any other liens, powers, rights, in that position. classification decisions for financial as­ charges on and interest in or to property IV. All previously delegated authority sistance purposes only. Product classifi­ of any kind, legal and equitable, now or is hereby rescinded without prejudice to cation decisions for procurement pur­ hereafter held by the Small Business actions taken under such Delegations of poses are made by contracting officers. Administration or its Administrator; Authority prior to the date hereof. B. Eligibility determinations (Dele­ b. The execution and delivery of con­ Effective date: February 1,1965. gated to the positions as indicated be­ tracts of sale or of lease or sublease, low). To determine eligibility of appli­ quit-claim, bargain and sale or special Anthony S. S tasio, cants for assistance under any program warranty deeds, bills of sale, leases, sub­ Acting Regional Director, of the Agency in accordance with Small leases, assignments, subordinations, re­ New York, N.Y. Business Administration standards and leases (in whole or in part) of liens, sat­ [F.R. Doc. 65-4330; Filed, Apr. 26, 1965; policies. isfaction pieces, affidavits, proofs of 8:46 a.m.] C. Chief, Financial Assistance Division claim in bankruptcy or other estates and (and Assistant Chief, if assigned). 1. such other instruments in writing as may [Delegation of Authority 30; Charlotte, N.C., Item I.A. (Size Determinations for Fi­ be appropriate and necessary to effectu­ Region] nancial Assistance only.) ate the foregoing. 2. Item I.B. (Eligibility Determina­ c. The approval of bank applications CHARLOTTE REGIONAL AREA tions for Financial Assistance only.) for use of liquidity privilege under the Delegation of Authority To Conduct 3. To approve the following: loan guaranty plan. Program Activities a. Business and disaster loans not ex­ D. Chief, Loan Processing and Admin­ ceeding $350,000 (SBA share). istration Section. 1. To approve amend­ 1. Pursuant to the authority delegated b. Section 502 loans—direct $50,000 ments and modifications of loan condi­ to the Regional Director by Delegation and participation loans where the bank’s tions for loans that have been fully dis­ of Authority No. 30—Atlanta, 30 F.R. share is 10 percent or more—$100,000. bursed. 2884, the following authority is hereby 4. Decline loan applications in the 2. Items I.C.3. and 4. redelegated to the specific positions as categories described in Item I.C.3.b., 3. To decline business and disaster indicated herein: above. loans of any amount. A. Size determinations (Delegated to 5. To decline business and disaster 4. Items I.C.7. through 11 the positions as indicated below). To loans of any amount. 5. Item I.C.13.—Only the authority for make initial size determinations in all 6. To disburse unsecured disaster servicing, administration, and collection, cases within the meaning of the Small loans. including subitems a. and b. Business Size Standards Regulations, as 7. To enter into business and disaster 6. Item I.À. (Size Determinations for amended, and further, to make product loan participation agreements with Financial Assistance only.) classification decisions for financial as­ banks. 7. Item I.B. (Eligibility Determinations sistance purposes only. Product classi­ 8. To execute loan authorizations for for Financial Assistance only.) fication decisionsvfor procurement pur­ Washington approved loans and loans E. Chief, Loan Liquidation Section. poses are made by contracting officers. approved under delegated authority, said Item I.C.13.—Only the authority for B. Eligibility determinations (Delegat­ execution to read as follows: liquidation, including collateral pur­ ed to the positions as indicated below). chased, and subitems a. and b. To determine eligibility of applicants for (Nam e), Administrator, assistance under any program of the B y------F. Reserved. (Name) G. Reserved. Agency in accordance with Small Busi­ (Title of Person signing) H. Chief, Procurement and Manage­ ness Administration standards and ment Assistance. 1. Item I.A. (Size De­ policies. 9. To cancel, reinstate, modify and terminations on PMA Activities only.) C. Chief, Financial Assistance Divi­ amend authorizations for business or 2. Item I.B. (Eligibility Determinationssion (and Assistant Chief, if assigned). disaster loans. on PMA Activities only.) 1. Item I.A. (Size Determinations for Fi­ 10. To extend the disbursement period I. Regional Counsel. To disburse ap­ nancial Assistance only.) on all loan authorizations or undisbursed proved loans. 2. Item I.B. (Eligibility Determina­ portions of loans. J. Administrative Assistant. 1. To tions for Financial Assistance only.) 11. To approve, when requested, in purchase reproductions of loan docu­ 3. To approve the following: advance of disbursements, conformed ments, chargeable to the revolving fund, a. Direct loans not exceeding $100,000. copies of notes and other closing docu­ requested by United States Attorney in b. Participation loans not exceeding ments; and certify to the participating foreclosure cases. $250,000 (SBAshare). bank that such documents are in compli­ 2. To (a) purchase all office supplies c. Simplified bank participation loans ance with the participation authoriza­ and expendable equipment, including all not exceeding $350,000 (SBA share). tion. desk-top items, and regular office equip­ d. Simplified early maturities partici­ 12. To approve service charges by par­ ment; (b) contract for repair and main­ pation loans not exceeding $350,000 (SBA ticipating bank not to exceed 2 percent tenance of equipment and furnishings; share). per annum on the outstanding balance (c) contract for services required in set­ e. Direct disaster loans not exceeding on construction loans and loans involv­ ting up and dismantling and moving $350,000. ing apcounts receivable and inventory SBA exhibits and (d) issue Government f. Participation disaster loans not ex­ financing. bills of lading. ceeding $350,000 (SBA share). 13. To take all necessary actions in 3. In connection with the establish-- 4. To decline as follows: connection with the administration, ment of disaster loan offices, to (a) ob­ a. Business loans not exceeding $250,- Servicing, collection and liquidation of ligate Small Business Administration to 000 (SBA share). all loans and other obligations or assets, reimburse General Services Administra­ b. Disaster loans not exceeding $350,- including collateral purchased; and to tion for the rental of office space; (b) 000 (SBA share). rent office equipment; and (c) procure 5. To disburse unsecured disaster do and to perform and to assent to the loans. doing and performance of, all and every (without dollar limitation) emergency 6. To enter into business and disaster act and thing requisite and proper to supplies and materials. loan participation agreements with effectuate the granted powers, including 4. To rent motor vehicles from the banks. without limiting the generality of the General Services Administration and to 7. To execute loan authorizations foregoing: rent garage space for the storage of such for Washington approved loans and for 5882 NOTICES

loans approved under delegated au­ 2. Item I.B. (Eligibility Determina­ rence with the specialist’s recommenda­ thority, said execution to read as follows: tions on PMA Activities only.) tion. (Name), Administrator, 1. Regional Counsel. 1. To approve, 3. To disburse approved loans. B y ------when requested, in advance of disburse­ 4. To enter into business loan and dis­ (Name) ment, conformed copies of notes and aster loan participation agreement with (Title of person signing) other closing documents; and to certify banks. to the participating bank that such 5. To approve section 502 loans as 8. To cancel, reinstate, modify and documents are in compliance with the follows: amend authorizations for business or participation authorization. a. Direct loans not exceeding $50,000. disaster loans. 2. To disburse approved loans. b. Participation loans when the bank’s 9. To extend the disbursement period J. Administrative Assistant. 1. Toshare is 10 percent or more—not to ex­ on all loan authorizations or undisbursed (a) make emergency purchases charge­ ceed $100,000. portions of loans. able to the administrative expense fund, 6. To decline loan applications in the 10. To approve, when requested, in ad­ not in excess of $25 in any one object categories described in Item I.A.5 above. vance of disbursement, conformed copies class in any one instance but not more 7. To execute Loan Authorizations of notes and other closing documents; than $50 in any one month for total pur­ for Washington approved loans and for and to certify to the participating bank chased in all object classes; (b) make loans approved in the Area Office and that such documents are in compliance purchases not in excess of $10 in any under delegated authority, said execution with the participation authorization. one instance for “one-time use items” to read as follows : 11. To approve service charges by par­ not carried in stock subject to the total (Nam e), Administrator, ticipating bank not to exceed 2 percent limitations set forth in (a) of this para­ B y ------per annum on the outstanding principal graph; (c) to contract for the repair and (Name) balance on construction loans and loans maintenance of equipment and furnish­ Chief, Financial Assist­ involving account receivable and inven­ ings in an amount not to exceed $25 in ance Division, Okla­ tory financing. any one instance; and (d) purchase homa City, Okla. 12. To take all necessary actions in printing from the General Services Ad­ 8. To cancel, reinstate, modify and connection with the administration, ministration where centralized repro­ amend authorizations for business or servicing, and collection of all loanâ and duction facilities have been established disaster loans. other obligations or assets, and to do and by General Services Administration. 9. To extend the disbursement period perform and to assent to the doing and 2. In connection with the establish­ on all loan authorizations or undisbursed performance of, all and every act and ment of disaster loan offices, to (a) portions of loans. thing requisite and proper to effectuate obligate Small Business Administration 10. To approve, when requested, in the granted powers, including without to reimburse General Services Adminis­ advance of disbursement, conformed limiting the generality of the foregoing: tration for rental of office space; (b) rent copies of notes and other closing docu­ a. The assignment, endorsement, office equipment; (c) procure (without ments; and certify to the participating transfer, and delivery (but in all cases dollar limitation) emergency supplies bank that such documents are in com­ without representation, recourse or and materials. pliance with the participation author­ warranty) of notes, claims, bonds, de­ 3. To rent motor vehicles from the ization. bentures, mortgages, deeds of trust, con­ General Services Administration and to 11. To approve service charges by par­ tracts, patents and applications there­ rent garage space for the storage of such ticipating bank not to exceed 2 percent fore, licenses, certificates of stock and of vehicles when not furnished by this per annum on the outstanding principal deposit, and any other liens, powers, administration. balance of construction loans and loans rights, charges on and interest in or to n. The authority delegated herein involving accounts receivable and inven­ property of any kind, legal and equitable, cannot be redelegated. tory financing. now or hereafter held by the Small Busi­ m . The authority delegated herein to 12. To take all necessary actions in ness Administration or its Administrator; a specific position may be exercised by connection with the administration, b. The execution and delivery of con­ any SBA employee designated as acting servicing, collection and liquidation of tracts of sale or of lease or sublease, quit­ in that position. all loans and other obligations or assets, claim, bargain and sale or special war­ IV. All previously delegated authority including collateral purchased; and to ranty deeds, bills of sale, leases, subleases, is hereby rescinded without prejudice to do and perform and to assent to the do­ assignments, subordinations, releases (in actions taken under such Delegations of ing and performance of, all and every act whole or in part) of liens, satisfaction Authority prior to the date hereof. and thing requisite and proper to ef­ pieces, affidavits, proofs of claim in bank­ Effective date: February 1, 1965. fectuate the granted powers, including ruptcy or other estates and such other without limiting the generality of the instruments in writing as may be appro­ * F red A. Dow, foregoing: priate and necessary to effectuate the Acting Regional Director, a. T h e assignment, endorsement, foregoing. Charlotte, N.C. transfer and delivery (but in all cases c. The approval of bank applications [F.R. Doc. 65-4331; Filed, Apr. 26, 1965; without representation, recourse or war­ for use of liquidity privilege under the 8:46 a.m.] ranty) of notes, claims, bonds, deben­ loan guaranty plan. tures, mortgages, deeds of trust, con­ D. Chief, Loan Processing and Admin­ tracts, patents and applications there­ istration Section. 1. To approve amend­ [Delegation of Authority 30; Oklahoma City, for, licenses, certificates of stock and of ments and modifications of loan condi­ Okla., Region] deposit, and any other liens, powers, tions for loans that have been fully dis­ OKLAHOMA CITY REGIONAL OFFICE rights, charges on and interest in or to bursed. property of any kind, legal and equitable, 2. Items I.C.3. and 4. Delegation of Authority To Conduct now or hereafter held by the Small Busi­ 3. Items I.C.6. through 10. Program Activities ness Administration or its Administrator; 4. Item I.C.12.—Only the authority b. The execution and delivery of con­ for servicing, administration, and collec­ 1. Pursuant to the authority delegated tracts of sale or of lease or sublease, tion, including subitems a. and b. to the Regional Director by Delegation of quit-claim, bargain and sale or special 5. Item I.A. (Size Determinations for Authority No. 30 (Southwestern Area, warranty deeds, bills of sale, leases, sub­ Financial Assistance only.) Dallas, Tex.), FJR. 3253, the following leases, assignments, subordinations, re­ 6. Item I.B. (Eligibility Determina­ authority is hereby redelegated to the leases (in whole or part) of liens, satis­ tions for Financial Assistance only.) Chief, Financial Assistance Division: faction pieces, affidavits, proofs of claim E. Reserved. A. Financial assistance. 1. To ap­in bankruptcy or other estates and such F. Reserved. prove business and disaster loans not other instruments in writing as may be G. Reserved. exceeding $350,000 (SBA’s share) when appropriate and necessary to effectuate H. Chief, Procurement and Manage­ in concurrence with the specialist’s the foregoing. ment Assistance Division. 1. Item I.A. recommendation. c. The approval of bank applications (Size Determination^ on PMA Activities 2. To decline business and disaster for use of liquidity privilege under the only.) loans of any amount, when in concur­ loan guaranty plan. Tuesday, April 27, 1965 FEDERAL REGISTER 5883 m i, B. Eligibility determinations. To de­ b. Disaster loans not exceeding $350,- 6. Item I.B. (Eligibility Determinations termine eligibility of applicants for fi­ 000 (SBA share). for Financial Assistance only.) nancial assistance in accordance with 5. To disburse unsecured disaster E. Reserved. Small Business Administration standards loans. F. Reserved. and policies. 6. To enter into business and disaster G. Reserved. C. Size determinations. To make ini­ loan participation agreements with H. Chief, Procurement and Manage­ tial size determinations in all financial banks. ment Assistance Division. 1. Item I.A. assistance cases' within the meaning of 7. To execute loan authorizations for (Size Determinations on PMA Activities the Small Business Size Standards Reg­ Washington approved loans and for only.) ulations, as amended, and further, to loans approved under delegated author­ 2. Item I.B. (Eligibility Determina­ make product classification decisions for ity, said execution to read as follows: tions on PMA Activities only.) financial assistance purposes only. (Name), Administrator, I. Regional Counsel. To disburse ap­ II. The above authority cannot be re­ By — ------proved loans. delegated. (Name) J. Administrative Assistant. 1. To (a) III. All authority delegated herein may (Title of person signing). make emergency purchases chargeable to the administrative expense fund, not be exercised by any Small Business Ad­ 8. To cancel, reinstate, modify and ministration employee designated as in excess of $25 in any one object class amend authorizations for business or in any one instance but not more than Acting Chief, Financial Assistance Di­ disaster loans. vision. $50 in any one month for total purchased 9. To extend the disbursement period in all object classes; (b) make purchases Effective date: March 26, 1965. on all loan authorizations or undisbursed not in excess of $10 in any one instance portions of loans. for “one-time use items” not carried in E. Bruce Cafky, 10. To approve, when requested, in ad­ Acting Regional Director, SBA, stock subject to the total limitations set vance of disbursement, conformed copies forth in (a) of this paragraph; (c) to Southwestern Area, Oklahoma of notes and other closing documents; City, Okla. contract for the repair and maintenance and to certify to the participating bank of equipment and furnishings in an [F.R. Doc. 65-4332; Filed, Apr. 26, 1965; that such documents are in compliance amount not to exceed $25 in any one in­ 8:46 a.m.] with the participation authorization. stance; (d) purchase printing from the 11. To approve service charges by par­ General Services Administration where [Delegation of Authority 30; Columbia, S.C. ticipating bank not to exceed two percent centralized reproduction facilities have Region] per annum on the outstanding principal been established by GSA. balance on construction loans and loans 2. In connection with the establish­ COLUMBIA REGIONAL AREA involving accounts receivable and inven­ ment of Disaster Loan Offices, to (a) ob­ tory financing. ligate Small Business Administration to Delegation of Authority To Conduct 12. To take all necessary actions in Program Activities reimburse General Services Administra­ connection -with the administration, tion for rental of office space; (b) rent 1. Pursuant to the authority delegated servicing, and collection of all loans and office equipment; (c) procure (without to the Regional Director by Delegation other obligations or assets, and to do and dollar limitation) emergency supplies of Authority No. 30—Atlanta, 30 F.R. perform and to assent to the doing and and materials. 2884, the following authority is hereby performance of, all and every act and 3. To rent motor vehicles from the redelegated to the specific positions as thing requisite and proper to effectuate General Services Administration and to indicated herein: the granted powers, including without rent garage space for the storage of such A. Size determinations (Delegated to limiting the generality of the foregoing: vehicles when not furnished by this the positions as indicated below). To a. The assignment, endorsement, administration. make initial size determinations in all transfer and delivery (but in all cases II. The authority delegated herein cases within the meaning of the Small without representation, recourse or war­ cannot be redelegated. Business Size Standards Regulations, as ranty) of notes, claims, bonds, deben­ in. The authority delegated herein to amended, and further, to make product tures, mortgages, deeds of trust, con­ a specific position may be exercised by classification decisions for financial as­ tracts, patents and applications therefor, an SBA employee designated as Acting sistance purposes only. Product classi­ licenses, certificates of stock and of de­ in that position. fication decisions for procurement pur­ posit, and any other liens, powers, rights, IV. All previously delegated authority poses are made by contracting officers. charges on and interest in or to property is hereby rescinded without prejudice to B. Eligibility determinations (Dele­ of any kind, legal and equitable, now or actions taken under such Delegation of gated to the positions as indicated be­ hereafter held by the Small Business Ad­ Authority prior to the date hereof. low)» To determine eligibility of appli­ ministration or its Administfator : cants for assistance under any program b. The execution and delivery of con­ Effective date: February 1,1965. of the Agency in accordance with Small tracts of sale or of lease or sublease, quit- H. M. M cK enzie, Business Administration standards and . claim, bargain and sale or special war­ Acting Regional Director, policies. ranty deeds, bills of sale, leases, subleases, Columbia, S.C. C. Chief, Financial Assistance Division assignments, subordinations, releases (in whole or in part) of liens, satisfaction [F.R. Doc. 65-4333; Filed, Apr. 26, 1965; (and Assistant Chief, if assigned). 1. 8:46 a.m.] Item I.A. (Size Determinations for Fi­ pieces, affidavits, proofs of claim in bank­ nancial Assistance only.) ruptcy or other estates and such other 2. Item I.B. (Eligibility Determina­ instruments in writing as may be appro­ [Delegation of Authority 30; Nashville, Tenn. tions for Financial Assistance only.) priate and necessary to effectuate the Region] _ foregoing. 3. To approve the following: NASHVILLE REGIONAL AREA a. Direct loans not exceeding $100,000. c. The approval of bank applications b. Participation loans not exceeding for use of liquidity privilege under the Delegation of Authority To Conduct loan guaranty plan. $250,000 (SBA share). Program Activities c. Simplified bank participation loans D. Chief, Loan Processing and Ad­ not exceeding $350,000 (SBA share). ministration Section. 1. To approve I. Pursuant to the authority delegated d. Simplified early maturities partici­ amendments and modifications of loan to the Regional Director by Delegation pation loans not exoeeding $350,000 (SBA conditions for loans that have been fully of Authority No. 30—Atlanta, 30 F.R. share). disbursed. 2884, the following authority is hereby e. Direct disaster loans not exceeding 2. Items I.C.3. and 4. redelegated to the specific positions as $350,000. 3. Items I.C.6. through 10. indicated herein: f. Participation disaster loans not ex­ 4. Item I.C.12.—Only the authority for A. Size determinations (Delegated to ceeding $350,000 (SBA share). servicing, administration, and collection, the positions as indicated below). To 4. To decline as follows: including subitems a. and b. make initial size determinations in all a. Business loans not exceeding $250,- 5. Item I.A. (Size Determinations for cases within the meaning of the Small 000 (SBA share). Financial Assistance only.) Business Size Standards Regulations, as 5884 NOTICES amended, and further, to make product tures, mortgages, deeds of trust, con­ in. The authority delegated herein to classification decisions for financial as­ tracts, patents and applications therefor, a specific position may be exercised by sistance purposes only. Product classi­ licenses, certificates of stock and of de­ any SBA employee designated as acting fication decisions for procurement pur­ posit, and any other liens, powers, rights, in that position. poses are made by contracting officers. charges on and interest in or to property IV. All previously delegated authority B. Eligibility determinations (Dele­ of any kind, legal and equitable, now or is hereby rescinded without prejudice to gated to the positions as indicated hereafter held by the Small Business Ad­ actions taken under such Delegations of below). To determine eligibility of ap­ ministration or its Administrator; Authority prior to the date hereof. plicants for assistance under any pro­ b. The execution and delivery of con­ gram of the Agency in accordance with tracts of sale or of lease or sublease, Effective date: February 1,1965. Small Business Administration stand­ quitclaim, bargain and sale or special Curry K. White, ards and policies. warranty deeds, bills of sale, leases, sub­ Regional Director, C. Chief, Financial Assistance Divi­ leases, assignments, subordinations, re­ Nashville, Tenn. sion (and Assistant Chief, if assigned). leases (in whole or in part) of liens, satis­ [F.R. Doc. 65-4334; Filed, Apr. 26, 1965; 1. Item I.A. (Size Determinations for faction pieces, affidavits, proofs of claim 8:46 a.m.} Financial Assistance only) in bankruptcy or other estates and such 2. Item I.B. (Eligibility Determina­ other instruments in writing as may be tions for Financial Assistance only) appropirate and necessary to effectuate [Delegation of Authority 30; Lubbock, Tex., 3. To approve the following: the foregoing. Region] a. Direct loans not exceeding $100,000. c. The approval of bank applications LUBBOCK REGIONAL OFFICE b. Participation loans not exceeding for use of liquidity privilege under the $250,000 (SBA share). loan guaranty plan. Delegation of Authority To Conduct c. Simplified bank participation loans D. Chief, Loan Processing and Admin­ Program Activities not exceeding $350,000 (SBA share). istration Section. 1. To approve amend­ d. Simplified early maturities partici­ ments and modifications of loan condi­ 1. Pursuant to the authority delegated pation loans noit exceeding $350,000 tions for loans that have been fully dis­ to the Regional Director by Delegation of (SBA share), bursed. Authority No. 30 (Southwestern Area, e. Direct disaster loans not exceeding 2. Items I.C.3. and 4. Dallas, Tex.), F.R. 3253, the following $350,000. 3. Items I.C.6. through 10. authority is hereby redelegated to the f. Participation disaster loans not ex­ 4. Item I.C.12.—Only the authority for Chief, Financial Assistance Division: ceeding $350,000 (SBA share). servicing, administration, and collection, A. Financial assistance. 1. To ap­ 4. To decline as follows: including subitems a. and b. prove business and disaster loans not ex­ a. Business loans not exceeding $250,- 5. Item I.A. (Size Determinations for ceeding $350,000 (SBA’s share) when in 000 (SBA share). Financial Assistance only.) concurrence with the specialist’s recom­ b. Disaster loans not exceeding $350,- 6. Item I.B. (Eligibility Determinations mendation. 000 (SBA share). for Financial Assistance only.) 2. To decline business and disaster 5. To disburse unsecured disaster E. Reserved. loans of any amount, when in concur­ loans. F. Reserved. rence with the specialist’s recommenda­ 6. To enter into business and disaster G. Reserved. tion. loan participation agreements with H. Chief, Procurement and Manage­ 3. To disburse approved loans. banks. ment Assistance Division. 1. Item I.A. 4. To enter into business loan and 7. To execute loan authorizations for (Size Determinations on PMA Activities disaster loan participation agreement Washington approved loans and for loans only.) with banks. approved under delegated authority, said 2. Item I.B. (Eligibility Determinations 5. To approve section 502 loans as execution to read as follows: on PMA Activities only.) follows: a. Direct loans not exceeding $50,000. (Name), Administrator, I. Regional Counsel. To disburse ap­ By------proved loans. b. Participation loans when the bank’s (Name) J. Administrative Assistant. 1. To (a) share is 10 percent or more—not to ex­ (Title of person signing), make emergency purchases chargeable to ceed $100,000. 6. To decline loan applications in the 8. To cancel, reinstate, modify and the administrative expense fund, not in excess of $25 in any one object class In categories described in Item IA. 5 above. amend authorizations for business or dis­ 7. To execute loan authorizations for aster loans. any one instance but not more than $50 in any one month for total purchased in Washington approved loans and for 9. To extend the disbursement period loans approved in the area office and on all loan authorizations or undisbursed all object classes; (b) make purchases not in excess of $10 in any one instance under delegated authority, said execu­ portions of loans. tion to read as follows: 10. To approve, when requested, in ad­ for “one-time use items” not carried in vance of disbursement, conformed copies stock subject to the total limitations set (Name), Administrator forth in (a) of this paragraph; (c) to By ------of notes and other closing documents; (Name) and to certify to the participating bank ^contract for the repair and maintenance Chief, Financial Assist­ that such documents are in compliance of equipment and furnishings in an ance Division, Lubbock, with the participation authorization. amount not to exceed $25 in any one in­ Tex. 11. To approve service charges by par­ stance; and (d) purchase printing from ticipating bank not to exceed two percent the General Services Administration 8. To cancel, reinstate, modify, and per annum on the outstanding principal where centralized reproduction facilities amend authorizations for business or balance on construction loans and loans have been established by GSA. disaster loans. involving account receivable and inven­ 2. In connection with the establish­ 9. To extend the disbursement period tory financing. ment of disaster loan offices, to (a) obli­ on all loan authorizations or undisbursed 12. To take all necessary actions in gate Small Business Administration to portions of loans. connection with the administration, serv­ reimburse General Services Administra­ 10. To approve, when requested, in icing, and collection of all loans and other tion for rental of office space; (b) rent advance of disbursement, conformed obligations or assets, and to do and per­ office equipment; (c) procure (without copies of notes and other closing docu­ form and to assent tor the doing and per­ dollar limitation) emergency supplies ments; and certify to the participating formance of, all and every act and thing and materials. bank that such documents are in com­ requisite and proper to effectuate the pliance with the participation authoriza­ 3. To rent motor vehicles from the tion. granted powers, including without limit­ General Services Administration and to 11. To approve service charges by ing the generality of the foregoing: rent garage space for the storage of such participating bank not to exceed 2 per­ a. The assignment, endorsement, vehicles when not furnished by this ad­ cent per annum on the outstanding prin­ transfer and delivery (but in all cases ministration. cipal balance of construction loans and without representation, recourse or war­ II. The authority delegated herein can­ loans involving accounts receivable and ranty) of notes, claims, bonds, deben­ not be redelegated. inventory financing. Tuesday, April 27, 1965 FEDERAL REGISTER 5885 12. To take all necessary actions instituted an investigation into and con­ 1. Name of each affiliate from which connection with the administration, cerning the lawfulness of the rates, respondent, during the year 1963, ac­ servicing, collection and liquidation of charges, and regulations contained in quired, leased, or purchased lands, build­ all loans and other obligations or assets, certain schedules described therein; ings, equipment, materials, supplies, including collateral purchased; and to It further appearing, that under sec­ parts, tires, tubes, gasoline, oil, or other do and perform and to assent to the tion 216(g) of the Interstate Commerce property or services used by respondent doing and performance of, all and every Act respondents have the burden of in its operations as a motor common act and thing requisite and proper to proof to show that the proposed changed carrier. effectuate the granted powers, including rates, charges, and regulations are just 2. Kinds of property or service which without limiting the generality of the and reasonable; each affiliate supplied to respondent. foregoing: And it further appearing, that in order 3. Basis of charges for property or a. The assignment, endorsement, that consideration be given to all factors services supplied by affiliate to respond­ transfer and delivery (but in all cases which may bear upon a proper deter­ ent, including the base and rate for without representation, recourse or war­ mination of the issues, including the rental charges. ranty) of notes, claims, bonds, deben­ question whether the resulting revenues 4. Total charges by each affiliate to tures, mortgages, deeds of trust, con­ would be just and reasonable, it is respondent during year 1963 for: tracts, patents and applications therefor, deemed appropriate in the public inter­ a. Lease of vehicles. licenses, certificates of stock and of est and pursuant to section 216 (i) of the b. Lease of terminals. deposit, and any other liens, powers, act that the information specified below c. Lease of other property. rights, charges on and interest in or to be included in the record to be developed d. Pickup and delivery of shipments. property of any kind, legal and equitable, in this proceeding; e. Repair and servicing of vehicles. now or hereafter held by the Small Busi­ And good cause appearing therefor: f. Management, accounting, financial, ness Administration or its Administra­ It is ordered, That respondents be, and legal, purchasing, or traffic solicitation tor; they are hereby, notified and required services. b. The execution and delivery of con­ to submit information and supporting g. Property sold by affiliate to re­ tracts of sale or of lease or sublease, data which shall include, among other spondent. quit-claim, bargain and sale or special things, actual cost and revenue data (in­ 5. If the affiliate derives revenue from warranty deeds, bills of sale, leases, sub­ cluding anticipated revenue to show the the sale or lease of property or from leases, assignments, subordinations, re­ effect of the proposed increase) and op­ services through transactions with per­ leases (in whole or part) of liens, satis­ erating ratios specifically related to the sons other than respondent, indicate the faction pieces, affidavits, proofs of claim traffic and territories involved, overall percentage of the revenue of such busi­ in bankruptcy or other estates and such operating ratios, detailed data to estab­ ness to the total revenue of the affiliate other instruments in writing as may be lish the representative nature of the car­ in the year 1963. appropriate and necessary to effectuate riers used, and detailed data to disclose 6. A copy of the income statements the foregoing. carrier-affiliate financial and operating of each affiliate for the year 1963 and the c. The approval of bank applications relationships and transactions, as gen­ latest period of 1964 for which an income for use of liquidity privilege under the erally indicated by the admonitions in statement is available. loan guaranty plan. General Increase—Middle Atlantic and 7. A statement listing the amounts of B. Eligibility determinations. To de­ New England Territories, 319 I.C.C. 168, wages, salaries, bonuses, and other com­ termine eligibility of applicants for fi­ and in General Increases—Transconti­ pensation paid by the affiliate in 1963 to nancial assistance in accordance with nental, 319 I.C.C. 792, and in addition any individual who is also a respondent Small Business Administration stand­ all pertinent evidence and supporting or an officer, director, or substantial ards and policies. data for the individual representative stockholder of a respondent; or the wife C. Size determinations. To make ini­ carriers regarding, but not limited to, or close relative of a respondent or offi­ tial size determinations in all financial the following as they relate to their over­ cer, director, or substantial stockholder assistance cases within the meaning of all operations and to those specifically of a respondent. the Small Business Size Standards Regu­ relating to the traffic and territories 8. The term “affiliate” as used in this lations, as amended, and further, to make involved: order means : product classification decisions for finan­ (1) Ratios of net income before and a. Any individual who is also a re­ cial assistance purposes only. after income taxes to net worth (assets spondent; an officer, director, or substan­ II. The above authority cannot he re­ minus liabilities), tial stockholder of a respondent; or the delegated. (2) Ratio of net carrier operating in­ wife or close relative either Of a respond­ III. All authority delegated herein come to total carrier operating revenues, ent, or of an officer, director, or substan­ may be exercised by any Small Business (3) Ratios of net income before and tial stockholder of a respondent. Administration employee designated as after income taxes to total carrier op­ b. Any partnership in which one of A ctin g Chief, Financial Assistance erating revenues, the partners is a respondent; an officer, Division. (4) Ratio of net carrier operating in­ director, or substantial stockholder of a come to net book value of carrier operat­ respondent; or the wife or close relative Effective date: March 2,1965. ing property plus net working capital either of a respondent or of an officer, J ack T edklie, (current assets minus current liabili­ director, or substantial stockholder of a Action Regional Director, SBA, ties) , respondent. Southwestern Area, Lubbock, (5) Ratios of net* income before and c. Any corporation whose stock is Tex. after income taxes to net book value of wholly or partly owned by a respondent; carrier operating property plus net work­ [FJR. Doc. 65-4335; Filed, Apr. 26, 1965; by an officer, director, or substantial 8:46 a.m.j ing capital (current assets minus current stockholder of a respondent; or by the liabilities); wife or close relative either of a respond­ It is further ordered, That the detailed ent or of an officer, director, or substan­ data required to be submitted by those tial stockholder of a respondent. INTERSTATE COMMERCE respondents named in Appendix A to d. Any corporation which exercises this order regarding carrier-affiliate control over the operations or finances COMMISSION financial and operating relationships of respondent. and transactions, where such respond­ It is further ordered, That the traffic [No. 34576] ents individually had transactions with studies to be submitted shall be based INCREASED RATES AND CHARGES ON their respective subsidiaries or affiliates upon actual operations conducted during which separately or in the aggregate identical periods of time for each carrier, LTL OR AQ TRAFFIC, CENTRAL TER­ amounted to $2,500 or more during 1963, RITORY and the actual cost studies shall be based shall include, with respect to any and all upon the operations of the same car­ It appearing, that by order dated individuals, partnerships, and corpora­ riers as used in the traffic studies; and March 29, 1965, in the above-entitled tions affiliated with respondents, the fol­ that the periods of time selected for, proceeding, the Board of Suspension in- lowing information: as well as the motor carriers used in, No. 80-— 10 5886 NOTICES such cost and traffic studies shall be in writing and required by any party for Carstensen Freight Lines, Inc., Highway 30, shown to be representative and their se­ the purpose of cross-examination; Post Office Box 878, Clinton, Iowa. lection statistically sound; (6) Anyone desiring to become a party Centralia Cartage Co., 650 West Noleman It is further ordered, That all of the Street, Centralia, I1L of record and to participate in the hear­ Checker Express Co., 9«) West Montana, Mil­ required data specified in this order ing, and receive and/or serve copies of waukee 15, Wis. shall be based upon and reflect at least the evidence to be filed in accordance Chicago-Kansas City Freight Lines, Inc., 1048 the most recent annual reporting period; with the procedure set forth above, must North Monroe Avenue, Kansas City, Mo. It is further ordered, That the de­ notify the Commission and all the then Chicago Tri-Cities Motor Freight, Inc., Sixth tailed information called for by this or­ known parties of record, in writing, on and River Streets, Post Office Box 367, Rock der with respect to carrier-affiliates or before April 30,1965. Set forth below Island, HI. - Clemans Truck Lines, Inc., 815 East Pennsyl­ shall be in writing and shall be verified as Appendix B is a list of the presently vania Avenue, South Bend 23, Ind. by a person or persons having knowledge known interested persons. Cleveland & Buffalo Transit Co., Inc., 3621 thereof, and a verified original and two (7) Evidence presented which fails to Lakeside Avenue, Cleveland 14, Ohio. additional copies, shall be mailed to the conform to the above outlined procedure Cleveland, Columbus & Cincinnati Highway, Secretary, Interstate Commerce Com­ will not become a part of the record in lnc. , 215 Euclid Avenue., Cleveland 14, mission, Washington, D.C., 20423, in suf­ this proceeding. Ohio. ficient time to reach the Commission on It is further ordered, That a copy of Cleveland Freight Lines, Ine., 1440 East 39th Street, Cleveland, Ohio. or before May 14,1965; and, in addition, this order be delivered to the Director, Cleveland Pittsburgh Freight Line, Inc., 3515 that this information is to be introduced Division of Federal Register, for publica­ Lakeside Avenue, Cleveland 14, Ohio. into evidence by respondents but may be tion in the F ederal R egister as notice to Columbus Chicago Motor Freight, Inc., 1053 In summary form, if so desired, cf. Sur­ all interested persons. East Fifth Avenue, Post Office Box 4628, charge on Small Shipments Within Cen­ And it is further ordered, That, to Mount Vernon Station, Columbus 3, Ohio. tral States, 63 M.C.C. 157; avoid future unnecessary service upon Commercial Motor Freight, Inc. of Indiana, It is further ordered, That: those respondents who, although partici­ 111 East McCarty Street, Indianapolis 25, lnd. (.1) The respondents and interveners in pating carriers in the tariff schedules Commercial Motor Freight, Inc., 525 Cleve­ support thereof shall serve on the parties which are the subject of investigation land Avenue, Columbus 3, Ohio. of record on or before May 14, 1965, herein, are not actively interested in the Commercial Truckers, 1515 16th Street, their direct evidence in the form of veri­ outcome of such investigation, subse­ Racine, Wis. fied statements (with appendices, if quent service on respondents herein of Consolidated Forwarding Co., Inc., 1300 North any); and that they also, at the same notices and orders of the Commission will 10th Street, St. Louis 6, Mo. time, shall mail two copies to this Com­ be limited to those respondents who: Cook Motor lanes, Inc., 408 Wellington, Post Office Box 1391, Akron 9, Ohio. mission, together with certificates of (1) Have been identified by name in Corey & Evans, Inc., Post Office Box 307, De service in accordance with § 1.22(a) of the order or orders of investigation Kalb, HI. the general rules of practice; and the herein, Courier Express, Inc., 710 Burlington Avenue, original shall be tendered at the hearing; (2) Specifically make written request Post Office Box 358, Logansport, Ind. (2) The protestants and interveners in to the Secretary of the Commission to be Cushman Motor Delivery Co., 1480 West support thereof shall serve on the parties included on the service list, or Kinzie Street, Chicago 22, HI. (3) Have appeared at a hearing. D.T. & C., Inc., 892 Higgs Avenue, Colum­ of record on or before June 14, 1965, bus 12, Ohio. their evidence in the form of verified Dated at Washington, D.C., this 7th Darling Freight, Inc., 4000 Division Avenue, statements (with appendices, if any); day of April A.D. 1965. Grand Rapids 9, Mich. and that they shall comply also with Damn Over-Night Express, Inc., 1011 Cham­ the provisions in the preceding para­ By the Commission, Commissioner ber of Commerce Building, Indianapolis 4, graph regarding the mailing and service Freas. Ind. of statements; [seal] B ertha F. Armes, Dearman Transportation Co., Inc., Fifth Ave­ (3) This proceeding be, and it is here­ Acting Secretary, nue and Expressway, Post Office Box 203, Mansfield, Ohio. by, referred to Examiner T. Naftalin for A. & B. Transfer, Inc., Post Office Box 2120, Decatur Seaway Motor Express, Inc., 3557 hearing on July 12, 1965, at 9:30 o’clock Marshall Mattoon, 111. Broadway, Kansas City, Mo. a.m. U.S. standard time (9:30 o’clock A. & H. Truck Line, Inc., 1277 Maxwell Ave­ Dennis Truck Line, Inc., 4622 South Bishop, a.m. local daylight saving time, if that nue, Evansville 7, Ind. Chicago 9, HI. time is observed), at the Palmer House, Advance Transportation Co., 2115 South First Dohrn Transfer Co., Robinson Building, Post Chicago, HI;, for recommendation of an Street, Milwaukee 7, Wis. Office Box 156, Rock Island, HI. All Ohio Express, Inc., 1806 East Market Duff Truck Line, Inc., Broadway and Vine appropriate order thereon, accompanied Street, Akron 5, Ohio. Streets, Post Office Box 359, Lima, Ohio. by the reasons therefor, and for the pur­ American Transit Lines, Inc., 221 North La Dundee Truck Line, Inc., Post Office Box 4067, pose of receipt in evidence of the verified Salle, Suite 548, Chicago 1, 111. 660 Sterling Street, Toledo 9, Ohio. statements, cross-examination thereon if Anderson Motor Service, Inc., 1516 North 14th Egyptian Lines, Inc., 721 North 30th Street, requested, and the introduction of rebut­ Street, St. Louis 6, Mo. Post Office Box 478, Herrin, HI. tal evidence, and to permit the examiner Arrow Motor Transit, Inc., 4600 West 34th Elgin Storage & Transfer Co., 300 Brook to close the record; Street, Chicago 50, Iff. Street, Elgin, 111. (4) Parties desiring to cross-examine Associated Truck Lines, Inc., 15 Andre Street Ellis Trucking Co., Inc., 1600 Oliver Avenue, S.E., Grand Rapids, Mich. Indianapolis 7, Ind. witnesses who have submitted verified Bellm Freight Lines, Inc., 1819 North 17th Express Freight lines, Inc, 4600 West Burn­ statements must give notice, in writing, Street, St. Louis, Mo. ham Street, Milwaukee 46, Wis. of such request to affiant and his counsel, Be-Mac Transport Co., Inc., 7400 North Federal Express, Inc, 4930 North Pennsyl­ if any, on or before June 30,1965, a copy Broadway, St. Louis, Mo., 63147. vania Street, Post Office Box 55122, In­ of such notice to be filed simultaneously Bender & Loudon Motor freight, Inc., 3024 dianapolis 5, Ind. with this Commission. Failure of any North Cleveland-Massillon Road, Post Office Freeport Fast Freight, Inc, 1415 West Fulton witness whose attendance is requested to Box 618, West Richfield, Ohio, Street, Chicago 7, 111. Best Way of Indiana, Inc., 10 Cherry Street, Grand Rapids Motor Express, Inc, 1520 Steele appear at the hearing for cross-examina­ Post Office Box 328, Terre Haute, Ind. Avenue SW, Grand Rapids 2, Mich. tion shall be considered good cause for Blue Arrow-Douglas lines, Inc., 525 Burton Grant & Sons, Inc, J. A, Highway 53, North, the rejection of his verified statement Street SW, Grand Rapids 7, Mich. Post Office Box 240, Rensselaer, Ind. (with appendices, if any); Brinker Truck Line, Inc., 210 Poplar Street, Great Lakes Express Co, 172 JDavenport (5) All underlying data used in the St. Louis 2, Mo. Street, Saginaw, Mich. preparation of evidence set forth in the Bonifield Bros. Truck lines, Inc., 1200 East Haeckl’s Express, Inc, 2345 South 13th Street, verified statements (with appendices, if Second Street, Post Office Box 533, Metrop­ Post Office Box 2057, Terre Haute, Ind. olis, HI. Hall Freight Lines, Inc, 12-18 College Street, any) shall be made available in the office Danville, 111. of the party serving such verified matter Burlington Chicago Cartage Co., Inc., 604 Herriott Trucking Co, Inc, Post Office Box during usual office hours for inspection North Tremont Street, Kewanee, HI. 191, Alice and Sumner Streets, East Pal­ Burnside Motor Freight Lines, Inc., 1121 estine, Ohio. by any party of record desiring to do so; North Main Street, Post Office Box 110, Highway Express, Inc, 2416 West Superior and that underlying data shall be made Urbana, Ohio. Avenue, Cleveland 13, Ohio. available also at the hearing, but only Burren Transfer Co., 156 South Melrose Ave­ Hinchcliff Motor Service, Inc, 3400 South if and to the extent specifically requested nue, Elgin, 111. Pulaski Road, Chicago 23, HL Tuesday, April 27, 1965 FEDERAL REGISTER 5887 Holland Motor Express, Inc., 1 West Fifth Ogden & Moffett Co., 3565 24th Street, Port Yellow Transit Freight Lines, Inc., 92d at Street, Holland, Mich. Huron, Mich. State Line, Post Office Box 8462, Kansas Hooker Motor Freight, Inc., 326 Pleasant Olson Motor Service Co., Fred, Post Office City 14, Mo. Avenue SW., Grand Rapids 2, Mich. Box 7195, 6022 West State Street, Mil­ Appendix B I.R.C. & D. Motor Freight, Inc., 128 South waukee 13, Wis. Second Street, Post Office Box 305, Rich­ Parker Motor Freight, Inc., 1505 Steel Ave­ Morris D. Acree, Mississippi Valley Motor mond, Ind. nue NW., Grand Rapids, Mich. Freight Bureau, Inc., 415 Buder Building, Illini Reefer Transit, Inc., 906 West Bradley Pic-Walsh Freight Co., 731 Campbell Ave­ St. Louis 1, Mo. Street, Post Office Box 106, Champaign, HI. nue, St. Louis 15, Mo. Walter C. Adler, Continental Transportation Indianapolis Kansas City Motor Express Co., R. D. Motor Express, Inc., 613 North Madison Lines, Inc., Continental Square, Graham 3537 Broadway, Kansas City 11, Mo. Street, Post Office Box 210, Muncie, Ind. Street; McKees Rocks, Pa., 15136. Indianapolis & Southern Motor Express, Inc., Renner’s Express, Inc., 1350 South West John F. Bohman, American Gear Manufac­ 1410 South Capitol Avenue, Indianapolis, Street, Post Office Box 613, Indianapolis turers Association, et al., 335 East Broad­ Ind. 6, Ind. way, Gardner, Mass. Inter City Trucking Service, Inc., 14333 God­ Rimes Trucking Co., George, Washington The Borden Chemical Co., 350 Madison Ave­ dard Street, Detroit 12, Mich. Street, Chardon, Ohio. nue, New York, N.Y. Johnson Cartage, Inc., W. Ford, 3755 Cen­ Rooks Transfer Lines, Inc., 650 East 16th John M. Cleary, Attorney, Pope, Ballard & tral Avenue, Detroit, Mich. Street, Holland, Mich. Loos, 888 17th Street NW., 709 Brawner Jones Transfer Co. (Michigan), 927 Wash­ Rudolf Express Co., 395 South Forrest Ave­ Building, Washington, D.C., 20006. ington Street, Post Office Box 717, Monroe, nue, Post Office Box 386, Bradley, 111. George Drummey Cartage Corp., R. S. Weber, Mich. Rumpf & Sons Truck Line, Inc., C. H., 1130 Oak and Harrison Streets, Michigan City, Keeshin Transport System, Inc., 3131 Doug­ Treat Road, Adrian, Mich. Ind. las Road, Toledo 6, Ohio. Rumpf Truck Line, Inc., 424 South Maumee James P. Haynes, Manager, Louisville Cham­ Knox Motor Service, Tnc., 1325 10th Street, Street, Post Office Box 527, Tecumseh, ber of Commerce, 300 West Liberty Street, East JJoline, HI. Mich. Louisville 2, Ky. Lake Shore Motor Transit Lines, Inc., 230 Saginaw Transfer Co., Inc., 2130 Midland James Hewitt, Attorney, Montgomery Ward North State, Post Office Box 189, St. Joseph, Road, Saginaw, Mich. & Co., Inc., 619 West Chicago Avenue, Mich., 49035. Scherer Freight Lines, Inc., 424 West Madi­ Chicago, HI. Lee-American Freight System, Inc., 418 Olive son Street, Ottawa, 111. J. G. Ihnet, Diana Manufacturing Co., Post Street, St. Louis 2, Mo. Schlairet Transfer Co., E. A., 701 Harcourt Office Box 70, Green Bay, Wis., 54305. Liberty Trucking Co., 1401 West Fulton Road, Post Office Box 271, Mount Vernon, L. O. Kimberly, Jr., Manager, The Southern Street, Chicago 7, HI. Ohio. Traffic League, Inc., 22 Marietta Street, Lime City Trucking Co., Post Office Box 254, Schroder’s Express, Inc., 1550 Perin, Cincin­ Atlanta, Ga., 30303. 1455 Swan Street, Huntington, Ind. nati 4, Ohio. Frank B. Klimek, T. M., South Bend Freight Lovelace Truck Service, Inc., 425 North Sec­ Shippers Dispatch, Inc., 1216 West Sampel Line, Inc., 1200 South Olive Street, South ond Street, Post Office Box 1019, Terre Street, Post Office Box 298, South Bend 24, Bend 24, Ind. Haute, Ind. Ind. W. H. Kreckman, Albemarle Paper Manu­ Lyons Transportation Lines, Inc., 1701 Parade Short Freight Lines, Inc., 220 Saginaw Street, facturing Co., Richmond, Va. Street, Erie, Pa. Post Office Box 357, Bay City, Mich., 48709. John W. McFadden, Jr., Central States Motor Maiers & Sons Motor Freight, George P. Slater, Inc., M. C., Post Office Box 469, Gran­ Freight Bureau, Inc., 316 East Ohio Street, Maiers and Claire E. Maiers, doing business ite City, in. Chicago, HI., 60611. as, 875 East Huron, Vassar, Mich. Smith, Inc., Earl C., 1720 Dove Street, Port Philip H. Porter, Porter and Porter, 708 First McBride’s Express, Inc., 1505 Papin Street, St. Huron, Mich. National Bank Building, Madison, Wis., Louis 3, Mo. South Bend Freight Line, Inc., Post Office 53703. McClain Dray Line, Inc., 404 Railroad Ave­ Box 545, 1200 South Olive Street, South H. I. Power, T. M., Atlanta Freight Bureau, nue, Marion, Ind. Bend, Ind. Walco Building, 41 Pryor Street NE., At­ McDaniel Freight Lines, Inc., 414 North Wal­ Southern Express Co., 3333 South Cicero Ave­ lanta 1, Ga. nut Street, Crawfordsville, Ind. nue, Cicero 50, 111. Clarence D. Smith, American Home Products Meinhardt Cartage Co., 1900 North 24th Suburban Motor Freight, Inc., Post Office Corp., 685 Third Avenue, New York 17, N.Y. Street, Post Office Box 767, Quincy, 111., Box 1739, Columbus, Ohio, 43216. E. F. Stadelman, T. M., J. C. Penney Co., Inc., 62302. Suwak Trucking Co., 1105 Fayette Street, 330 West 34th Street, New York, NY, 10001. Merchants Freight System, Inc., 1401 North Post Office Box 282, Washington, Pa. R. T. Vanderbilt Co., Inc., John Henkel, 230 13th Street, Post Office Box 58, Terre Haute, Taylor Transfer Co., Inc., 260 East Brookmont Park Avenue, New York, N.Y., 10017. Ind. Street, Post Office Box 169, Kankakee, HI. C. E. Walker, G. T. M., Royal Crown Cola Co. Miami Transportation Co., Inc., of Indiana, Transport Motor Express, Inc., Meyer Road, Post Office Drawer 1440, Columbus, Ga., 1220 Harrison Avenue, Cincinnati, Ohio, Post Office Box 958, Fort Wayne, Ind." 31902. 45214. Transportation Service, Inc., 1946 Bagley Reihard A. Whitty, Transportation Director, Michigan Express, Inc., 1122 Freeman Avenue Avenue, Detroit 16, Mich. Belknap Hardware and Manufacturing Co., SW., Grand Rapids, Mich., 49502. Trojan Freight Lines, I n c .‘, 909 Keowee Street, I ll East Main Street, Louisville, Ky., 40201. Middle States Motor Freight, Inc., 5723 Este Dayton 4, Ohio. R. C. Wintle, Superintendent, Transportation Avenue, Cincinnati 32, Ohio. Ziffrin Truck Lines, Inc., 1120 South Division Analysis, American Cyanamid Co., Berdan Midland Truck Lines, Inc., 806 South Broad­ Street, Post Office Box 21164, Indianapolis Avenue, Wayne, N.J. way, St. Louis 2, Mo. 6, Ind. Mohawk Motor, Inc., 40 Harrison Street, Tif­ Tucker Freight Lines, Inc., 1415 South Olive [F.R. Doc. 65-4385; Filed, Apr. 26, 1965; fin 7, Ohio. Street, South Bend 21, Ind. 8:48 a.m.] Morrison Motor Freight, Inc. (an Indiana U.S. Truck Co., Inc., 2290 24th Street, Detroit corporation), 1100 East Jenkins Boulevard, 16, Mich. Post Office Box 7008, Akron 20, Ohio. United Trucking Service, Inc., 3047 Lonyo FOURTH SECTION APPLICATIONS FOR Motor Express, Inc., 410 Lincoln Building, Road, Detroit, Mich., 48209. RELIEF Cleveland 14, Ohio. Viking Freight Co., 614 South Sixth Street, Motor Express, Inc. of Indiana, 730 South St. Louis 2, Mo. April 22,1965. Keystone Avenue, Post Office Box 33112, Warner & Smith Motor Freight, Inc., 50 Protests to the granting of an appli­ Indianapolis 3, Ind. Shenango Street, Post Office Box 136, Motor Freight Corp., 2345 South 13th Street, Sharpsville, Pa. cation must be prepared in accordance Post Office Box 2025, Terre Haute, Ind., Western Transportation Co., 1300 West 35th with Rule 1.40 of the general rules of 48702. Street, Chicago 9, HI. practice (49 CPR 1.40) and filed within Mulvena Truck Line, Inc., 400 West Chisholm Western Trucking Co., 4560 North Second 15 days from the date of publication of Street, Alpena, Mich. Street, St. Louis 7, Mo. this notice in the F ederal R egister. National Transit Corp., The, 4401 Stecker White Owl Express, Inc., 212 Osmun Street, Pontiac 20, Mich. Long-and-S hort Haul Avenue, Dearborn 2, Mich. White Star Trucking, Inc., 1750 Southfield Nighthawk Freight Service, Inc., 1800 South Road, Lincoln Park, Mich. FSA No. 39715—Fresh meats and pack­ Canal Street, Chicago 16, HI. White Transportation Co., The, Post Office inghouse products from points in Utah. Minz Transportation, Inc., West Walnut Box 437, West Lafayette, Ohio. Filed by Western Trunk Line Commit­ Street, Box 71, Watseka, HI. Wilson’s Motor Transit, Harry B. Wilson, tee, agent (No. A-2398), for interested Norwalk Truck Lines, Inc., 180 Milan Avenue, doing business as, Box 169, 2500 South rail carriers. Rates on fresh meats and Post Office Box 320, Norwalk, Ohio. Main, Middletown, Ohio. O.I.M. Transit Corp., Commerce Drive, Fort Wolverine Express, Inc., 701 Erie Avenue, packinghouse products, in carloads, from Wayne, Ipd. Muskegon, Mich. Ogden, Provo, and Salt Lake City, Utah, O.K. Trucking Co., The, 1810 South Street, Y.E.L.P. Service, Inc., Post Office Box 778, to points in official (excluding Illinois) Cincinnati, Ohio. East Liverpool, Ohio. territory. 5888 NOTICES Grounds for relief—Market competi­ Only change is selUng my Massachusetts No. MC-FC-67498. By order of April tion. Investors Trust stock and purchase of 100 20, 1965, the Transfer Board, on recon­ Tariff—Supplement 181 to Western shares of common stock of Elpaso Natural sideration, approved the transfer to Alex­ Trunk Line Committee, agent, tariff Gas. ander Truck Lines, Inc., Pearland, Tex., I.C.C. A-4396. Dated: April 17,1965, of the operating rights in Certificates PSA No. 39716—Perlite rock from An- August W. K oehler. Nos. MC-119615 (Sub-No. 2) and MC- tonito, Colo. Filed by Western Trunk 119615 (Sub-No. 3) issued December 21, [F.R. Doc. 65-4387; Filed, Apr. 26, 1965; Line Committee, agent (No. A-2400), for 8:48 a.m.] 1960 and January 4, 1961, to Bloom- interested rail carriers. Rates on perlite Meyers Co., Inc., Houston, Tex., authoriz­ rock, broken, crushed or ground, dried ing the transportation, over irregular or not dried, not expanded, in carloads, ALEXANDER W. WUERKER routes, of: Bananas, from Galveston, from Antonito, Colo., to specified points Tex., to Phoenix and Tucson, Ariz., Los in official (excluding Illinois) and south­ Statement of Changes in Financial Angeles, Calif., and El Paso, Tex,, with no ern territories. Interests transportation for compensation on re­ Grounds lor relief—Market competi­ turn except as otherwise authorized, and tion. Pursuant to subsection 302(c), Part from Galveston and Brownsville, Tex., Tariff—Supplement 181 to Western III, Executive Order 10647 (20 FR . 8769), and New Orleans,' La., to Houston, Tex., Trunk Line Committee, agent, tariff “Providing for the Appointment of Cer­ with no transportation for compensation I.C.C. A-4396. tain Persons Under the Defense Produc­ on return except as otherwise authorized. FSA No. 39717—Petroleum and petro­ tion Act of 1950, as amended,” I hereby Dan Felts, 904 Lavaca Street, Post Office leum products to points in southern ter­ furnish for filing with the Division of the Box 1117, Austin, Tex., 78766, attorney ritory. Filed by O. W. South, Jr„ agent Federal Register for publication in the for applicants. (No. A-4667), for interested rail car­ F ederal R egister the following infor­ No. MC—FC-67569. By order of April riers. Rates on petroleum and petroleum mation showing any changes in my fi­ 20, 1965, the Transfer Board approved products, in packages, in carloads, from nancial interests and business connec­ the transfer to Ted J. Toon and Kenneth Tenark and West Memphis, Ark., to tions as heretofore reported and pub­ A. Toon, a partnership, doing business points in southern territory, including lished (26 F.R. 8958, 27 FR. 3829, 27 FR . as El Dorado Motor Freight Co., Wichita, Ohio and Mississippi River crossings, 9469, 28 F.R. 4269, 28 F.R. 10468, 29 F.R. Kans., of Certificate No. MG-96521 is­ Washington, T).C., and points in Vir­ 5579, and 29 FR. 12992) during the 6 sued May 26, 1949, to R. Bruce Church, ginia and West Virginia. months’ period ended March 14,1965. doing business as El Dorado Motor Grounds for relief—Market competi­ No change. Freight, Wichita, Kans., authorizing the tion. transportation of general commodities, Tariff—Supplement 190 to Southern Dated: March 14,1965. excluding household goods and commod­ Freight Association, agent, tariff LC.C. Alexander W. Wuerker. ities in bulk, over regular routes, between S-85. [FR. Doc. 65-4388; Filed, Apr. 26, 1965; Wichita, Kans., and Potwin, Kans., with FSA No. 39718—Iron and steel articles 8:49 am . J service authorized to and from all inter­ to LeTourneau, Miss. Filed by Illinois mediate points and the off-route point of Freight Association, agent (No. 277), for [Notice 1161] Oil H ill, Kans. William C. Farmer, 729 interested rail carriers. Rates on iron Beacon Building, Wichita, Kans., 67202, and steel articles, viz.: bars or rods, MOTOR CARRIER TRANSFER attorney for applicants. noibn, plates or sheets, noibn and strip PROCEEDINGS No. MC-FC-67639. By order of April steel, noibn, in carloads, from Chicago, A pril 22, 1965. 20, 1965, the Transfer Board approved 111., and points taking same rates, includ­ the transfer to Turco’s Refrigerated De­ ing adjacent points in Indiana, also Al­ Synopses of orders entered pursuant to livery Service, Inc., Amawalk, N.Y., of ton, East St. Louis, Federal and Granite section 212(b) of the Interstate Com­ the operating rights in Certificate of City, HI., to LeTourneau' Miss. merce Act, and rules and regulations Registration No. MG-121434 (Sub-No. 1), Grounds for relief—Barge-truck and prescribed thereunder (49 CFR, Part issued December 12, 1963, to Paul M. market competition. 179), appear below: Turco, George Turco, Salvatore Turco, Tariffs—Supplement 34 to Illinois As provided in the Commission’s spe­ Rudolph Turco, and Anthony Turco, a Freight Association, agent, tariff I:C.C. cial rules of practice any interested per­ partnership, doing business as Refriger­ 1033 and supplement 3 to Southern son may file a petition seeking recon­ ated Delivery Service, Amawalk, N.Y., as Freight Association, agent, tariff I.C.C. sideration of the following numbered amended by the final order approving S-502. proceedings within 20 days from the date the transfer of Certificate No. 3307, as of publication of this notice. Pursuant to By the Commission. finally issued by the Public Service Com­ section 17(8) of the Interstate Commerce mission of the State of New York, au­ [ seal] B ertha F. Armes, Act, the filing of such a petition will thorizing the transportation of: (A) Acting Secretary. postpone the effective date of the order Butter, cheese, meats, méat products, in that proceeding pending its disposi­ and dressed poultry, from -the tity of [F.R. Doc. 65-4386; Filed, Apr. 26, 1965; tion. The matters relied upon by peti­ 8:48 a.m.] New York to the cities of Beacon, Kings­ tioners must be specified in their peti­ ton, Newburgh, Peekskill, Poughkeepsie, tions with particularity. the villages of Fishkill, Haverstraw, Os­ No. MC-FC-67367. By order of April AUGUST W. KOEHLER sining, Warwick, and the hamlets of 20, 1965, the Transfer Board approved Bedford Hills, Castle Point, East View, Statement of Changes in Financial the transfer to Pauline E. Richardson, Hawthorne, Iona Island, Orangeburg, doing business as Rich’s South Shore Ex­ interests Thiells, Wallkill, Wassaic, West Point, press, Hull, Mass., of the operating rights and Wingdale; (B) meat products, in Pursuant to subsection 302(c)., Part in Certificate of Registration No. MC- vehicles equipped with mechanical re­ ttt Executive Order 10647 (20 FR . 8769) 121065 (Sub-No. 1), issued January 28, frigerating devices or with mechanical “Providing for the Appointment of Cer­ 1964, to Joseph B. Thornton doing busi­ temperature controlling devices, from tain Persons under the Defense Produc­ ness as Service Motor Lines, Scituate, the city of New York to the city of tion Act of 1950, as amended,” I hereby Mass., corresponding to the grant of in­ Middletown, the village of Ellenville, the furnish for filing with the Division of the trastate authority to transferor issued by hamlet of Napanoch, and all points in Federal Register for publication in the the Massachusetts Department of Public the county of Sullivan; (C) butter, in F ederal R egister the following informa­ Utilities in Irregular Routes Common vehicles equipped with mechanical re­ tion showing any changes in my finan­ Carrier Certificate No. 2935 dated Au­ frigerating devices or with mechanical cial interests and business connections gust 29, 1961. Francis P. Barrett, 25 temperature controlling devices, only, as heretofore reported and published (26 Bryant Avenue, East Milton, Mass., 02186, representative for transferee and from the city of New York to the city FR. 8958, 27 F.R. 3829, 27 FR. 9468, 28 of Middletown; and (D) milk powder, FR . 4117, 28 FR . 10936,29 F.R. 9813 and Joseph A. Kline, 185 Devonshire Street, 29 F.R. 12992) during the 6 months’ pe­ Boston, Mass., representative for trans­ from the city of New York to Kingston, riod ended March 14,1965. feror. Newburgh, Peekskill, and Poughkeepsie. Tuesday, April 27, 1955 FEDERAL REGISTER 5889 Morris Honig, 150 Broadway, New York general commodities, excluding house­ alcohol, acetates, chemicals, alkalies, 38, N.Y., attorney for applicants. hold goods and commodities in bulk, caustics, pine oil, pine tar, listerine prod­ No. MC-FC-67680. By order of April "from, to, and between points and areas ucts, drugs, and empty drums and bar­ 20, 1965, the Transfer Board approved in Delaware, Maryland, Massachusetts, rels, lumber, laths, boxes and shooks, car­ the transfer to William Mirrer, doing New Jersey, New York, Pennsylvania, nival and amusement equipment, oil and business as Mirrer’s Trucking Co., Glen and the District of Columbia. George A. grease, iron and steel tanks, and steel Rock, N.J., the entire certificates in Nos. Olsen, 69 Tonnele Avenue, Jersey City, products, and general commodities, ex­ MC-60572, MC-60572 (Sub-No. 8), MC- N.J., 07306, representative for applicants. cluding household goods and commodi­ 60572 (Sub-No. 9), and a portion of Cer­ No. MC-FC-67681. By order of April ties in bulk, from, to, and between points tificate No. MC-60572 (Sub-No. 11), 20, 1965, the Transfer Board approved in Connecticut, New Jersey, New York, issued May 9,1960, January 2,1952, Jan­ the transfer to Louis Mauro, Port Newark, and Pennsylvania. George A. Olsen, 69 uary 30, 1964, and October 21, 1964, to N-J-. of the remaining portion of Certifi­ Ram Freight Lines, Inc., Lodi, N.J., au­ cate No. MC-60572 (Sub-No. 11), issued Tonnelle Avenue, Jersey City, N.J., 07306, thorizing the transportation of lumber, October 21, 1964, to Ram Freight Lines, representative for applicants. cast iron pipe, insecticides and paints, Inc., Lodi, N.J., authorizing the transpor­ [seal] B ertha F. Armes, soaps and oils, rustic furniture, glass tation over irregular routes of wooden Acting Secretary. containers, malt beverages and empty tanks, steel rods, and hoops, lumber, tar containers therefor, brass holloware, paper, sheet lead, Pitch, and tar, tur­ [F.R. Doc. 65-4389; Filed, Apr. 26, 1965; sheets, coils, and tubing and marble, and pentine, motor oil, paint oil, linseed oil, 8:49 a.m.]

CUMULATIVE LIST OF CFR PARTS AFFECTED— APRIL

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 April.

3 CFR Page 3 CFR— Continued Page 7 CFR—Continued Page P roclamations : Executive Orders—Continued 915______4666 3423 (corrected by PLO 3576) _ 4476 11176 (superseded by EO 917______4711 3649 ______—______4307 11213)______4389 944______5359, 5621 3650 ______4309 11211______— 4385 965______4350 3651 ______4525 11212______* ______1— 4387 980______5505 3652 ______5415 11213 ______4389 1030 ____^______4241 3653 _i. ______5417 11214 ______4527 1031 ______4314 11215 ______;__ 4661 1032 ______4314 Executive Orders: 11216 ______5817 1038 ______4314 Mar. 3, 1854 (revoked in part 11217 ______5819 1039 ______4314 by PLO 3630)______5481 11218______^__ 5821 1 0 48 ______5789 May 4, 1907 (revoked in part 1051______- ______4314 by PLO 3594)____ ,______4502 5 CFR 1062 ______4314 July 2, 1910 (revoked in part 213______4311, 1063 ______4314 by PLO 3616)______5378 4410, 4663, 4711, 4745, 5471, 5503, 1070______4314 Dec. 19, 1910 (modified by 5619, 5701, 5787, 5825. 1078 ______4314 PLO 3596) ______4542 316______— __ 4349 1079 _ 4314 Jan. 24, 1914 (revoked in part 410______:______5503 1131______4250 by PLO 3569) ______4253 511______- ______4410, 5619 1201______5826 May 4, 1914 (revoked in part 534______4410, 5619 1421______4529, by PLO 3599)______4678 550______—_ 4609, 4663, 4745 May 17, 1917 (modified by 4606, 4068, 4666, 4667, 4750, 5702, PLO 3596)______4542 7 CFR 5762. Apr. 17,1926: 7______5759, 5787 1427______— 4410 Revoked in part by PLO 11______4240 1430______4351 3591:______^______4541 26______4605, 57601 4 3 8 -______— - 5573 Revoked in part by PLO M - 44 KQ 1483______— 4531 3oî:__::::::: i :::::::::"43 î î , 5760,5761 1485 ___ — ______4314 3599______4678 1486 ______4532 Revoked in part by PLO 318 ______5619 319 ______4745 1600 ______4315 3604____ 4717 1601 ______- ______— 4315 June 17, 1935 (revoked by 354______4745 PLO 3623)______5480 401______4240 P roposed R ules: 2347 (revoked by PLO 3572) __ 4254 719______5701 29_____ .______4361 3406 (revoked in part by PLO 722 ______4606 5 1 L ______5382, 5850 3590) 4541 723 ______4313 5 2 ______4486 4719 (revoked'by PLO 3602)11 4679 724 _1_;______4313 718______5708 5182 (revoked in part by PLO 728_____ 5467 724______5641 3601)______4679 730______5503, 5619 908______4635 5289 (revoked by PLO 3571) __ 4253 775___ 2______5334 930______— 5514 5327 (see PLO 3573)______4254 777______5358 965______4761 5352 (revoked by PLO 3602) __ 4679 811______4314 980______4416 6039 (revoked in part by PLO 814______4746 989______4361 3592)______4541 849______5825 1005______4761 905______4663, 5358 1048______4764 6143 (revoked in part by PLO 907 __ 4349, 4664, 4749, 5503, 5620, 5787 1063______5603 3589)______4541 908 ______,______4349, 1070______5603 8977 (revoked by EO 11215) __ 4661 4665, 4750, 5504, 5620, 5787, 5788 1 0 7 8 _„______5603 11012 (amended by EO 11218) _ 5821 909______5788 1079______5603 11052 (am ended by EO 910 __ 4350, 4665, 5504, 5573, 5789, 5826 1138____ i______5851 11214)___ r______4527 911 ___ ,______5620 1201______4321 5890 FEDERAL REGISTER

8 CFR Page 15 CFR—Continued Page 29 CFR Page 103______5471 385------;______:______i______4467 545______5468 212______4411 399______I______5102 214______4 3 5 1 ,4 5 3 2 P roposed R ules: 31 CFR 237______4411 9------_ ------5795 306. 4716 341____ _ 5471, 5621 316. 4716 16 CFR 332. 4716 9 CFR 1 3 ______4252, 4711-4714 74 ______4750 74______1 ____■ 5331 32 CFR 75 ______5790 3 0 0 ______5742 no______5792 97______4609 P roposed R ules: 220_____ — 4753 564______114______4751 214______5532 _____ 5704 317 ______1______5702 725______5704 318 ______5702 17 CFR 823______— _____ 4353 P roposed R ules: 240______4319,4752, 5629 889______4353 101______. _ _ _ 5514 P r o po se d R u l e s : 900______4353 103______5514 249______4 6 8 8 ,4 6 9 0 902______4353 201______4 4 86 ,4 8 4 7 1016______. _ _ _ 4353 18 CFR 1456______4672 316 ______5708 2______4670 317 ______5708 1458______5475 141______5703 1 4 70 -______5476, 5631 318 ______5708 P r o po se d R u l e s : 1811______.___ 5372 10 CFR 10_„ ______4769 11___ _ 4259 32A CFR 30______4352 154______5861 OIA (Ch. X) : 150______4352 157______5861 Reg. 1__. '4 4 1 5 P roposed R ules: 30______4764 19 CFR 33 CFR 12 CFR 1______4411 8 ______. - — 4415 2 ______5419 202______4756 8 ______4462, 5742 11-______5580 203______4253,4756,57£2 217______5574 19____ 5580 207 ______4756,5631 2 2 0 ______5826 24 ______4671,5580 211______4475 545______5472-5474 P roposed R u l es: 563______:______4251 21 CFR 401 4557 P roposed R ules : 1______5507 545______5861 3__ 5790 86 CFR 13 CFR 8—____ 4534 l ______. _ „ 4757 121______4252,5703 19______—____ 5508 212 5476, 5762 25 ______;______2 5______1 ______. 58315631,5707 14 CFR 27 ______311 ______4535 _____ - 4475 39___ 4240, 120 ______L 4411, 5508 313______4610 4318, 4533, 4609, 5506, 5621, 5622, 121 4535 5827. 4536~4672~ 47~14~ 5474, 5475, 5508- 39 CFR v 61______*______4668 5510, 5629, 5631, 5791. 92______4353 71______4319, 144______4536,5792 168—______— 4537 4391, 4462, 4463, 4533, 4534, 4610, 146b______5629 4669, 4670, 4751, 4752, 5359, 5506, 147______41 5792 CFR 5575, 5622-5624, 5703, 5731, 5790, 191______8-1______5507 ______. 4672 5627, 5829-5831. P roposed R ules: 8 - 2 ______4674 8______57978-3______- 4674 73______4391, 4464, 4534,4752, 5624,5831 4675 75______— _ 4464,5790,5831 15______8-6______5643 ____ 27______57988 - 7 ______5376 91______- 5507 4676 93______1______5575 8 1T)______22 CFR 8-11______4676 9 5 ______- 5576 72______R_16 4412 ______. 4677 97______4392, 5360, 5 4 5 5 ,5 7 3 2 , 5831 501______5832 4677 135— ______4352 8-18______- P roposed R ules: 8-3Ò __ . - 4677 399______—— ______5625 Ch. H______4321 _ 4677 P roposed Rules: 8 52_ ------9-16 __ 4357 2 5 — ______£ ______5798 24 CFR 39-1 _ _ . 5793 39 ______5532, 5643 3______4715' 101 5 _ 4358 71______4321, 203______5371 4359 4489-4491,4553,4554, 4638, 4680, 101 10 ______- 25 CFR 101 11------. 4757 4681, 4723, 4766-4768, 5383, 5384, 4757, 5479 5604^5606, 5643, 5854-5857. 88______5742 101-25______P roposed R ules: 101 26 ______4758.5480 2 0 7 ______5483 __ 5823 298______4636163_____ 5849 101-43— ------221______— 5708 101-44_____ + ------______4716 15 CFR P roposed R u l e s: 202______5686 26 CFR 50 204______5483 206______— 4237 1______4412, 4472,4537, 5372, 5580 230______5552 147______4413 43 CFR 1R ______5632 368______4465 301______- __ 4414 ____ _ 4538 370 ___ - 4465 P roposed Rules: 4.1 R ___ 1______4256, 2030 ____ 4759 371 _L______4466 ____ 5707 372 ______4466, 5627 4482, 4548, 4619,4635, 4718, 5584, 2230 2240 ___ 5707 373 ______4466, 5627 5595, 5841. ___ 4759 374 _ 4466 3100 377______— 4466 28 CFR P ublic Land O rders: 802 (revoked in part by PLO 379 ___ 4466 0 ______5703, 5832 __ 4476 380 __ 1______4467 3 „ ______— 5510 384______4467 5 0 ______- ______5510 891 (revoked by PLO 3578)— 4476 Tuesday, April 27, 1965 FEDERAL REGISTER 5891

43 CFR—Continued Page 43 CFR— Continued Page 45 CFR— Continued Public Land Orders—Continued P ublic L and O rders—Co n tinued 180______4359 1009 (revoked in part by PLO 3599 ______4678 301...... 5794 3582) ______4478 3600 ______4678 1233 (revoked in part by 3601 ______4679 46 CFR PLO 3623)______5480 3602 ______4679 244______5794 1254 (revoked byPLO 3628)__ 5380 3603 ______4716 402______5512 1301 (revoked by PLO 3572) __ 4254 3604 ______4717 510______4360 1457 (revoked in part by PLO 3605 ______5376 P roposed R ules: 3617)______5379 3606 ______5376 53______5607 1546 (revoked in part by PLO 3607 ______5376 221____ ;______4416 3642______5636 3608 ______5377 537______4557 1632 (revoked by PLO 3593) __ 4542 3609 ______5377 1695 (modified by PLO 3570) _ 4253 3610 ______5377 47 CFR 1726 (modified by PLO 3596). 4542 3611 ______5377 0 ______4543, 4612 1843 (revoked in part by PLO 3612 ______5377 1 ______4478,4479,4543 3587)______4540 3613 ______5378 2 ______4479, 5513 1993 (revoked byPLO 3613) __ 5378 3614 ______5378 73______4479, 4480, 4543, 5513, 5833 2932 (revoked byPLO 3593) _ 4542 3615 ______5378 89______4612 3152 (amended by PLO 3584) _ 4478 3616 ______5378 91______4612 3349 (vacated in part by PLO 3617 ______5379 93______4612 3583) ______4478 3618 ______5379 97______*______4618 3406 (revoked in part by PLO 3619 ______5480 P roposed R ules: 3587) ______4540 3620-______5379 2______4322, 4492 3407 (revoked byPLO 3625) __ 5481 3621 ______5380 21______4322 3480 (amended by PLO 3631) _ 5482 3622 ______;______5480 31__r______5858 3500 (amended and revoked in 3623 ______5480 42______5858 part by PLO 3581).______4477 3624 ______5481 73 ______4493, 4495,4554, 5798, 5860 3501 (revoked in part by PLO 3625 ______5481 74 ______4322 3574) ______4254 3626 ______5481 87______4492 * 3569______4253 3627 ______. 5380 91______4322 3570_____ !______4253 3628 ______5380 97______4496 3571 ______——_ 4253 3629 ______5481 3572 _ 4254 3630-______5481 49 CFR 3573 ______4254 3631 ______5482 72 ______5743 3574______4254 3632 ______5482 73 ______5743 3575______£ ______4475 3633 ______5380 74 ______5747 3576 ______4476 3634 ______-Ï ___ 5632 77 ______5748 3577 ______4476 3635 _— ______5635 78 ______5748 3578 ______4476 3636 ______5635 95______4254, 5419 3579-______4477 3637 ______5635 182______5420 3580 ______4477 3638 ______5635 193______4481 3581 ______4477 3639 ______5635 240______5836 3582 ______4478 3640 ______5636 P roposed R ules: 3583 ______4478 3641 ______5636 72 ______4682 3584 ______.______4478 3642 ______5636 73 __ 4682 3585 ______4539 3643 ______5636 74 ______4685 3586______:______4540 3644 ______5637 77 ______4685 3587 ______- ___ 4540 3645 ______5637 78 ______:______4685 3588______— 4540 3646 ______5637 79 ______4687 3589 ______4541 3647 ______5637 188______5709 3590 ______4541 3648 ______5638 211______5384 3591 ______4541 3649 ______t______5638 3592 ______4541 3650 ______5638 50 CFR 3651 ______5639 3593 ______4542 33______5380, 5381, 5707 3594 ______4542 44 CFR P roposed R ules: 3595 ______4542 5511 10______...... 5640 3596 ______4542 13______4721 3597 ______1______4678 45 CFR 253______5382 3598 _ 4678 5833 256______4761 Latest Edition in the sériés of . . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F, Kennedy, 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate­ rials released by the White House during the period January 1— November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nation’s senior citizens, and on improving the Nation’s health; radio and tele­ vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreigu governments,; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson’s proc­ lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs 1007 Pages Price:'$9.00 and the events of history, historians, librarians, and Government officials.

VOLUMES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents:__ HARRY S. TRUMAN • Messages to the Congress 1945 _ $5.50 1047 $5.25 1946____ $ 6.00 1948 $9.75 • Public speeches 1949 — ------$6.75 • The President’s news conferences DWIGHT D. EISENHOWER: • Radio and television reports to the 1953------$6.75 1957 ______.— $6.75 American people 1954____------$7.25 1958______$8.25 1955____------$6.75 1959______$7.00 • Remarks to informal groups 1956------$7.25 1960-61______$7.75 • Public letters JOHN F. KENNEDY: 1961______$9.00 1962______$9.00 1963------_____$9.00 Order from the: Superintendent of Documents . Volumes are published annually, soon after the close of each year. Government Printing Office Earlier volumes are being issued periodically, beginning with 1945. Washington, D.C. 20402