FEDERAL REGISTER VOLUME 31 • NUMBER 239

Saturday, December 10,1966 • Washington, D.C. Pages 15563-15623

Agencies in this issue— The President Agency for International Development Agricultural Stabilization and Conservation Service Atomic Energy Commission Civil Aeronautics Board Coast Guard Commerce Department Consumer and Marketing Service Customs Bureau Federal Aviation Agency Federal Communications Commission Federal Home Loan Bank Board Federal Maritime Commission Federal Power Commission Fish and Wildlife Service Food and Drug Administration General Services Administration Internal Revenue Service Interstate Commerce Commission Land Management Bureau National Bureau of Standards National Park Service Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside» Current White House Releases

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r r n r n ■ ¥ l&utW h r r iC T m Published daily, Tuesday through Saturday (no publication on Sundays Monday , FFHFKAI ill«nrmN I Hi on the day after an official Federal holiday), by the Office of the Federal Register, National ■ 1*1 Archives and Records Serviced General Services Administration (mail address Na Area Code 202 ¿ r phone 963-3261 Archives Building, Washington, D.C. 20408), pursuant to the authority contained Federal Register Act "approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B), under regulations prescribed by . istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by t e up of Documents, U.S. Government Printing Office, Washington, D.C. 20402. . . . Vear payable in The F ederal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per m onth or$15 P | cYents for advance. The charge for individual copies varies in proportion to the size of the issue (15 cents ^ 2 2 r S t5 n £ to fD o c u m e n ts , each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent oi U.S. Government Printing Office, Washington, D.C. 20402. under 50 titles, pur- The regulatory material appearing herein is keyed to the Code of F ederal R egulations, which is “ gu^intendent of suant to section 11 of the Federal Register Act, as amended. The Code o f F ederal R egulations is sold y pe Documents. Prices of books and pocket supplements are listed in the first F ederal R egister issue of each mo • regulations. There are no restrictions on the republication of material appearing in the F ederal R egister or the Code o f F ederal Contents

THE PRESIDENT CONSUMER AND MARKETING FEDERAL MARITIME SERVICE COMMISSION PROCLAMATION Rules and Regulations Notices Bill of Rights Day—Human Rights Fruit: Alaska Steamship Co.; general in­ Day—Human Rights Week___ 15567 California and Arizona; han­ crease in rates; investigation dling limitations: (2 documents)______15613, 15614 EXECUTIVE AGENCIES Lemons______15585 Atlantic Passenger Steamship Oranges, Navel______,_____ 15585 Conference; agreement filed for Florida; shipments limitation; approval______15613 AGENCY FOR INTERNATIONAL oranges------15584 DEVELOPMENT Milk in New York-New Jersey FEDERAL POWER COMMISSION marketing area; order suspend­ Rules and Regulations ing certain provisions______15585 Notices Johnson Oil & Gas Co. et al.; Suppliers of commodities and Proposed Rule Making commodity-related services in­ findings and order______... 15615 eligible for A.I.D. financing; cri­ Milk in certain marketing areas: teria for determining affiliation. 15571 Oklahoma Metropolitan and FISH AND WILDLIFE SERVICE North Texas; recommended decision______!_____ 15598 Rules and Regulations AGRICULTURAL STABILIZATION Southern Illinois; termination Sport fishing at Lake Ilo National AND CONSERVATION SERVICE of certain provision______15598 Wildlife Refuge, North Dakota. 15581 Orange juice, frozen concentrated, Notices Rules and Regulations produced in Florida; hearing on Hall, Leon D.; loan application 15608 Sugar, continental; requirements proposed marketing agreement. 15594 and area quotas, 1967___ .____ 15581 Notices FOOD AND DRUG Stockyards: ADMINISTRATION AGRICULTURE DEPARTMENT El Paso Livestock Auction Mar­ Rules and Regulations See Agricultural Stabilization and ket et al.; changes in names_ 15609 Conservation Service; Consumer Eureka Springs Sale Co. et al.; Food additives; miscellaneous and Marketing Service. deposting______15609 amendments______15570 Notices ATOMIC ENERGY COMMISSION CUSTOMS BUREAU Food additives; petitions: Proposed Rule Making Chemagro; filing______15609 Notices Houlton Municipal Airport, Houl- Hazleton-Nuclear Science Corp.; Isochem, Inc.; hearing on applica­ ton, Maine; designation as in­ filing------15610 tion for provisional construc­ ternational airport of entry___ 15587 International Vermouth Insti­ tion permit______15610 tute, Inc., et al.; withdrawal_15610 FEDERAL AVIATION AGENCY Smith Kline & French Labora­ tories; filing______15610 CIVIL AERONAUTICS BOARD Rules and Regulations Geigy Chemical Corp.; filing of Notices Control zones: petition regarding pesticides__ 15610 Alterations (2 documents)____ 15569 Hearings, etc.: Revocation______15569 GENERAL SERVICES Railway Express Agency, Inc., Control zone and transition area; et al.; proposed air express alteration______15569 ADMINISTRATION rates and charges______15611 Proposed Rule Making Rules and Regulations San Francisco & Oakland Heli­ Motor equipment management; copter Airlines, Inc., et al__ 15611 Transition area; alteration___ 15600 miscellaneous amendments___ 15571 Procurement sources and pro­ COAST GUARD FEDERAL COMMUNICATIONS grams; U.S. Government Na­ Rules and Regulations COMMISSION tional Credit Card______15571 Rules and Regulations HEALTH, EDUCATION, AND Dangerous cargoes; shipping or Public safety, industrial, land storage on board vessels; mis­ transportation, and citizens WELFARE DEPARTMENT cellaneous amendments______15573 radio services; miscellaneous See Food and Drug Administra­ Notices amendments______15577 tion. Proposed Rule Making James River; closure to navigation Domestic public radio services, INTERIOR DEPARTMENT during launching of “Lapon”_ 15606 other than maritime mobile, JSee Fish and Wildlife Service; separation between assignable Land Management Bureau; Na­ COMMERCE DEPARTMENT frequencies______... 15600 tional Park Service. See also National Bureau of Standards. FEDERAL HOME LOAN BANK INTERNAL REVENUE SERVICE BOARD Proposed Rule Making Proposed Rule Making Rules and Regulations Withholding of tax on nonresident Initial Federal motor vehicle Federal Savings and Loan System ; aliens and foreign corporations. 15587 safety standards; correction__ 15600 mergers; correction______15569 (Continued on next page) 15565 15566 CONTENTS SECURITIES AND EXCHANGE INTERSTATE COMMERCE NATIONAL BUREAU OF COMMISSION COMMISSION STANDARDS Notices Rules and Regulations Notices NBS radio stations; standard fre­ Hearings, etc.: Illinois Central Railroad Co. ; au­ quency and time broadcasts----- 15608 B.S.F. Co______:------15619 thority to operate over trackage Nuveen T ax -E x em p t Bond of Jefferson County, 111------15581 NATIONAL PARK SERVICE Fund, Series 13------15620 Westec Corp______15621 Notices Notices Motor carrier: Pinnacles National Monument, SMALL BUSINESS Temporary authority applica­ California; proposed wilderness tions______15621 establishment; hearing------15608 ADMINISTRATION Transfer proceedings------15621 Proposed Rule Making Small business investment com­ LAND MANAGEMENT BUREAU panies; licensing standards----- 15603 Notices Colorado: redelegations of au­ STATE DEPARTMENT thority to area managers in See Agency for International De­ certain districts: velopment. Canon City______15606 Craig ------15607 TREASURY DEPARTMENT Glenwood Springs------15607 See Coast Guard; Customs Bu­ Grand Junction------— — -- 15607 reau; Internal Revenue Service. M ontrose------— 15606 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 documents published in today's issue. A cumulative list of parts affected, covering the current month to da aooears at the end of each issue beginning with the second issue of the month. , , j « « P A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1966, and specifies how they are affected. 26 CFR 3 CFR 14 CFR P roposed R u l es: Proclamation : 71 (4 documents)------— 15569 P roposed R ules : ___ 15587 37SR _ _ 15567 71______15600 ____ 15587 7 CFR 19 CFR 41 CFR 811 ______15581 101 28 - -- ___ 15571 P roposed R ules: 101 28 __ _15571 905 __ _ _ 15584 6______v______15587 Q07 15585 46 CFR Q1 n 15585 4.R ______15573 10091 _____- __ __ 15585 21 CFR 1 121______-______15570 Proposed Rules : 47 CFR _____ 15578 m T5C _—- ____ 15594 22 CFR RQ _ ]f)39! ______15598 Q1 ______15579 11 OR ______15598 208______------—----- 15571 QR . ______15579 1126 _ ------15598 QR ___ 15580 23 CFR P roposed Rules : _ 15600 12 CFR P roposed R ules : 91 ______R4fi ______15569 245______15600 49 CFR 95 _ 15581 13 CFR 50 CFR P roposed Rules : ___ 15581 107______15603 33______Presidential Documents

Title 3— THE PRESIDENT Proclamation 3758 BILL OF RIGHTS DAY— HUMAN RIGHTS DAY— HUMAN RIGHTS WEEK By the President of the United States of America A Proclamation One hundred and seventy-five years ago, on December 15, 1791, our Bill of Rights—the first ten amendments of the United States Constitution became^ effective. The Bill of Rights guarantees to every American the rights which are the foundation of democracy— freedom of speech and religion, the right to peaceable assembly and petition, and. the right to fair trial and protection against cruel and unusual punishments. The Bill of Rights thus affirms the words of the Declaration of Independence: —That all men are created equal, That they are endowed by their Creator with certain unalienable nghts, That among these are life, liberty, and the pursuit of happiness, —That to secure these rights, governments are instituted among men, and —That governments derive their just powers from the consent of the governed. Any denial of these rights diminishes our stature as a nation. Yet, for too many, the ideals of freedom, justice,, and equality are words only, with no real place or meaning in their daily lives. Our successes in the struggle for human rights must not content us. Bet them, rather, encourage us to move forward in this noblest of work of man. It must never be said that injustice and inequality lived on in this era of unparalleled opportunity with our permission or our encouragement. On December 10,1948 the General Assembly of the United Nations adopted the Universal Declaration of Human Rights as a standard for all people and all nations. It recognizes that equal and inalienable rights for all mankind are essential to freedom, justice, and peace in the world. It calls for an international order in which these rights and freedoms can be fully realized. We must oppose any force—whether at home or abroad—which would deny these rights or take them away by threats or violence. We can take no other course. This is our heritage and our choice. ■NTVW, THEREFORE, I, LYNDON B. JOHNSON, President of the Umted States of America, do hereby proclaim December 10, 1966, as Human Rights Day and December 15, 1966, as Bill of Rights Day, and call upon the people of the United States to observe the week of December 10—17 as Human Rights Week, with appropriate ceremonies and activities.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15568 THE PRESIDENT IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this fifth day of December in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninety-first.

By the President:

Acting Secretary of State. [F.R. Doc. 66-13347; Filed, Dec. 8,1966; 4: 03 p.m.]

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15569 Rules and Regulations

Issued in Los Angeles, California, on Department of the Air Force plans to Title 12— BANKS AND BANKING December 2,1966. decommission the facility. Since the Chapter V— Federal Home Loan Bank Joseph H. Tippets, control zone extension SE of Hamilton Board Director, Western Region. AFB is based upon the VOR, action is taken herein to redescribe this portion SUBCHAPTER C— FEDERAL SAVINGS AND LOAN [F.R. Doc. 66-13264; Filed, Dec. 9, 1966; 8:45 a.m.] of the control zone. SYSTEM Since this amendment is minor in [No. 20,308] nature and imposes no additional burden [Airspace Docket No. 66-WE-80] on any person, notice and public proce­ PART 546— MERGER, DISSOLUTION, PART 71— DESIGNATION OF FED­ dure hereon are unnecessary. REORGANIZATION AND CONVER­ In consideration of the foregoing, Part SION ERAL AIRWAYS, CONTROLLED AIR­ 71 of the Federal Aviation Regulations SPACE, AND REPORTING POINTS is amended, effective 0001 e.s.t., Febru­ Mergers; Correction Alteration of Control Zone ary 2, 1967, as follows: December 6, 1966. In § 71.171 (31 F.R. 2717) the San The purpose of this amendment to Rafael (Hamilton AFB) control zone is Resolved that in F.R. Doc. No. 66-13111 Part 71 of the Federal Aviation Regula­ amending Part 546 of Subchapter C of amended by deleting, “* * *, within 2 tions is to alter the San Diego, Calif. miles each side of the Hamilton AFB Chapter V of Title 12 of the Code of Fed­ (Lindbergh Field), control zone. eral Regulations, published at 31 F.R. VOR 137° radial, extending from the 5- The San Diego, Calif. (Lindbergh mile radius zone to 8 miles SE of the 15235, the stated effective date of January Field), control zone is designated, in 2, 1967, is corrected to read January 6, VOR, * * *” and substituting “* * ♦.with­ 1967. part, with reference to the Lindbergh in 2 miles SW and 2.5 miles NE of the VOR which is scheduled for decommis­ Hamilton AFB TACAN 140° radial, ex­ (Sec. 5, 48 Stat. 132, a s amended; 12 U.S.C. sioning. Therefore, action is taken tending from the 5-mile radius area to 9 1464. Reorg. Plan No. 3 of 1947, 12 PR. 4981, herein to redescribe that part of the con­ miles SE of the TACAN, ♦ ♦ ♦,” therefor. 3 CFR, 1947 Supp.) trol zone based on the Lindbergh VOR. (Sec. 307(a), Federal Aviation Act of 1958, as By the Federal Home Loan Bank Since this change is editorial in na­ amended; 72 Stat. 749; 49 U.S.C. 1348) Board. ture, public notice and procedure here­ on are unnecessary. Issued in Los Angeles, Calif., on De­ [seal] Grenville L. Millard, Jr., In consideration of the foregoing, cember 2,1960. Assistant Secretary. Part 71 of the Federal Aviation Regula­ Joseph H. Tippets, [F.R. Doc. 66-13285; Filed, Dec. 9, 1966; tions is amended effective 0001 e.s.t., Director, Western Region. 8:46 a.m.] February 2,1967, as hereinafter set forth: [F.R. Doc. 66-13266; Filed, Dec. 9, 1966; In §71.171 (31 F.R. 2133) the San 8:45 a.m.] Diego, Calif. (Lindbergh Field), control zone is amended as follows: Title 14— AERONAUTICS AND Delete, “* * * within 2 miles each (Airspace Docket No. 66-WE-82] side of the Lindbergh VOR 106° radial, PART 71— DESIGNATION OF FED­ SPACE extending from the 5-mile radius zone ERAL AIRWAYS, CONTROLLED AIR­ Chapter I— Federal Aviation Agency to 7 miles E of the VOR, * * and substitute therefor, “* * * and within SPACE, AND REPORTING POINTS [Airspace Docket No. 66-WE-85] 2 miles each side of the Lindbergh ILS Alteration of Control Zone and localizer E course, extending from the Transition Area PART 7T— DESIGNATION OF FED­ 5-mile radius zone to 7 miles east of the ERAL AIRWAYS, CONTROLLED AIR­ airport, * * ♦”. The purpose of these amendments to SPACE, AND REPORTING POINTS (Sec. 307(a), Federal Aviation Act of 1958, Part 71 of the Federal Aviation Regula­ as amended; 72 Stat. 749; 49 U.S.C. 1348) tions is to alter the Merced, Calif., con­ Revocation of Control Zone trol zone and transition area. The Federal Aviation Agency has been Issued in Los Angeles, Calif., on De­ The Merced, Calif., control zone and advised that Naval Air Facility Litch­ cember 2, 1966. transition area are designated, in part, field Park, Phoenix, Ariz., will be formally Joseph H. Tippets, with reference to the Castle Air Force closed on December 1,1966. Director, Western Region. Base, Calif., ILS Outer Compass Locator, The purpose of this amendment to which is scheduled for decommissioning. Part 71 of the Federal Aviation Regula­ [FJt. Doc. 66-13265; Filed, Dec. 9, 1966; Therefore, action is taken herein to re­ tions is to revoke the Phoenix, Ariz. 8:45 a.m.] designate the control zone and transition (NAF Litchfield Park), control zone. area. Since this amendment imposes no addi­ [Airspace Docket No. 66-WE-78] Since this amendment is minor in tional burden on any person, notice and nature, notice and public procedure public procedure hereon are unnecessary PART 71— DESIGNATION OF FED­ hereon are unnecessary. and it may be made effective immediately. ERAL AIRWAYS, CONTROLLED AIR­ In consideration of the foregoing, Part In consideration of the foregoing, Part SPACE, AND REPORTING POINTS 71 of the Federal Aviation Regulations is "1 of the Federal Aviation Regulations amended, effective 0001 e.s.t., February 2, is amended, effective upon publication in Alteration of Control Zone 1967, as hereinafter set forth: the Federal Register, as hereinafter set In § 71.171 (31 F.R. 2113) the Merced, forth: The purpose of this amendment to Calif., control zone is amended as . *n § 71.171 (31 F.R. 2126) the Phoenix, Part 71 of the Federal Aviation Regula­ follows: Ariz. (NAF Litchfield Park), control zone tions is to alter the San Rafael, Calif. Delete, “* * ♦ within 2 miles each side is revoked. (Hamilton AFB), control zone. of the 017° bearing from the Castle AFB It has been determined that the Hamil­ (Sec. 307(a), Federal Aviation Act of 1958, as ILS OM, extending from the Merced 5- ton AFB, Calif., VOR is no longer re­ mile radius circle to 6 miles N of the »mended; 72 Stat. 749; 49 U.S.C. 1348) quired for navigational purposes and the OM, * ♦ ♦.”

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15570 RULES AND REGULATIONS § 121.2525 [Amended] § 121.2545 Textryls. In § 71.181 (31 F.R. 2221) the Merced, ***** Calif., transition area is amended as 5. Section 121.2525 Acrylate ester follows: . - , copolymer coating is amended by delet­ (b) Textryls are prepared from the Delete, “* * * and within 2 miles each ing the last sentence of paragraph (b). fibers, fibryls, and adjuvants identified side of the Castle ILS localizer SE course, 6. Section 121.2530(c) is revised to in paragraph (c) of this section, and sub­ extending from the Merced 7-mile radius read as follows: ject to limitations prescribed in that area to 12 miles SE of the OM; * * paragraph, provided that any substance and substitute therefor,“* * * and within § 121.2530 Reinforced wax. that is the subject of a regulation in this 2 miles each side of the Castle VOR 141° ***** Subpart F conforms with any specifica­ and 321° radiais, extending from the (c) Any substance employed in the tions in such regulation for' that sub­ Merced 7-mile radius area to 3 miles SE production of reinforced wax, including stance as a component of polymeric res­ of the Castle VOR; * * any optional substance, that is the sub­ ins used as food contact surfaces. (Sec. 307(a), Federal Aviation Act of 1958, as ject of a regulation in Subpart F of this * * i * * amended; 72 Stat. 749; 49 U.S.C. 1348) part, conforms with any specification in § 121.2550 [Amended] Issued in Los Angeles, Calif., on De­ such regulation. 13. Section 121.2550 Closures with cember 2, 1966. * , * * * * sealing gaskets for food containers is J oseph H. T ippets, 7. Section 121.2533(c) is revised to amended by deleting from paragraph (b) Director, Western Region. read as follows: (4) the phrase “or of an extension of the effective date relating to substances used (F.R. Doc. 66-13267; Fil#d, Dec. 9, 1966; § 121.2533 Copolymer of 1,4-cyclohex­ 8:45 a.m.] in such food-packaging'material”. ylene dimethylene terephthalate and 14. Section 121.2553(c) is revised to 1,4-cyclohexylene dimethylene isoph- read as follows: thalate. § 121.2553 Lubricants with incidental Title 21— FOOD AND DRUGS * * * * * (c) Any substance employed in the food contact. Chapter I— Food and Drug Admin­ production of the copolymer that is the * * * * * istration, Department of Health, subject of a regulation in this Subpart F (c) Any substance employed in the Education, and Welfare conforms with any specification in such production of the lubricants described in regulation. this section that is the subject of a reg­ SUBCHAPTER B— FOOD AND FOOD PRODUCTS ulation in this Subpart F confonns with * * * * * any specification in such regulation. PART 121— FOOD ADDITIVES 8. Section 121.2534(c) is revised to Subpart F— Food Additives Resulting read as follows: 15. Section 121.2557(c) is revised to read as follows: From Contact With Containers or § 121.2534 Animal glue.

Equipment and Food Additives * * * * * § 121.2557 Defoaming agents used in Otherwise Affecting Food (c) Any substance employed in the coatings* ***** Miscellaneous Amendments production of animal glue and which is the subject of a regulation in this Sub­ (c) Any substance employed in the Effective upon publication of this order part F conforms with any specification production of defoaming agents and in the F ederal R egister, Subpart F of in such regulation. Part 121 is amended as follows to delete which is the subject of a regulation in * > * * * * this Subpart F conforms with any specifi­ obsolete material: 9. Section 121.2535(c) is revised to cation in such regulation. § 121.2507 [Amended] read as follows: 1. Section 121.2507 Cellophane is § 121.2535 Textiles and textile fibers. 16. Section 121.2562(c) is amended by amended by deleting the last sentence ***** revising the introduction to subpara­ of paragraph (d). graph (4) to read as follows: 2. Section 121.2514(b) (3) is revised to (c) Any substance employed in the read as follows: production of textiles or textile fibers § 121.2562 Rubber articles intended for that is the subject of a regulation in this repeated use. § 121.2514 Resinous and polymeric Subpart F conforms with any specifica­ * * * * * coatings. tion in such regulation. (c) * * * ***** ***** (4) Substances identified in this sub- (b) * * * 10. Section 121.2536(c) is revised to paragraph, provided that any substance (3) Any substance employed in the read as follows : that is the subject of a regulation in this production of resinous and polymeric Subpart F conforms with any specifica­ coatings that is the subject of a regula­ § 121.2536 Filters, resin-bonded. tion in such regulation. * * * tion in this Subpart F and conforms * * * * * with any specification in such regulation. 17. Section 121.2567(c) is revised to (c) .Any substance employed in the read as follows: Substances named in this subparagraph production of resin-bonded filters that is and further identified as required: the subject of a. regulation in this Sub­ § 121.2567 Water-insoluble , hydroxy- ***** part F conforms with any specification ethyl cellulose film. § 121.2520 [Amended] in such regulation. * * * * 3. Section 121.2520 Adhesives is * * * * * (c) Any substance employed in the 11. Section 121.2540(c) is revised to production of the water-insoluble hy- amended by deleting the last sentence droxyethyl cellulose film described m tins of paragraph (c) (5). read as follows: section that is the subject of a regulation 4. Section 121.2524(c) is amended to § 121.2540 Copolymer of vinyl acetate in this Subpart F conforms with any read as follows: and crotonic acid. specification in such regulation. § 121.2524 Polyethylene terephthalate * * * * * L21.2569 [Amended] film. * (c) Any optional substance that is the ***** 18. Section 121.2569 Resinous and subject of a regulation in this Subpart F lymeric coatings for polyolefin (c) Any substance employed in the conforms with any specifications in such tended by deleting from the item ee- production of polyethylene terephthalate >leum waxes * * *” listed under para- film that is the subject of a regulation regulation. * * * * * aph (b> (3) (iii) the portion that reaas in Subpart F of this part conforms with r in an order extending the effective any specification in such regulation. 12. Section 121.2545(b) is revised to to of trip food additives amendment ior read as follows:

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15571

use of petroleum waxes as an indirect § 101—26.406—6 Notice to GSA of assign­ additive to food.” Title 41— PUBLIC CONTRACTS ment of billing codes and billing (Secs. 409, 701(a), 52 Stat. 1055, 72 Stat. addresses. 1785; 21 U.S.C. 348, 371 (a) ) AND PROPERTY MANAGEMENT Dated: December 6,1966. Chapter 101— Federal Property (b) Once GSA has been officially noti­ W inton B. R ankin, Management Regulations fied of the assignment of billing codes Deputy Commissioner and billing addresses, the agency may of Food and Drugs. SUBCHAPTER E— SUPPLY AND PROCUREMENT order additional Standard Form 149’s [P.R. Doc. 66-13296; Piled, Dec. 9, 1966; PART 101-26— PROCUREMENT using the same billing code and billing 8:47 a.m.] SOURCES AND PROGRAMS address without reporting such use. Changes in billing codes and billing U.S. Government National Credit addresses must be furnished GSA so that Title 22— FOREIGN RELATIONS Card the contractors furnishing supplies and Subpart 101-26.4 is amended to re­ services may be informed. This is es­ Chapter II— Agency for International move the requirement for embossing the sential for proper control of billing Development, Department of State vehicle tag or registration number on procedures. [AID Reg. 8] Standard Form 149, U.S. Government National Credit Card, thus permitting its Subpart 101-26.49— Illustrations of PART 208— SUPPLIERS OF COMMODI­ use with more than one U.S. Government Forms TIES AND COMMODITY-RELATED vehicle, boat, or small aircraft. SERVICES INELIGIBLE FOR AID The table of contents for Part 101-26 is Subpart 101-26.49 is revised to illus­ FINANCING amended to provide a new entry for new trate, in new § 101-26.4901-149, Standard § 101-26.4901-149, as follows: Form 149, U.S. Government National Criteria for Determining Affiliation Sec. Credit Card. Part 208 of Chapter II, Title 22 of the 101-26.4901-149 Standard Form 149, U.S. § 101—26.4901—149 Standard Form 149, Code of Federal Regulations is revised Government N a t i o n a l Ih.S. Government National Credit by amending § 208.11 as follows: Credit Card. Card. Paragraph 1. Subparagraph (3) of No t e : The form in § 101-26.4901-149 is filed paragraph (a) is revised. Subpart 101—26.4— Purchase of Items as part of the original document. Par. 2. A new subparagraph (4) is From Federal Supply Schedule Con­ added to paragraph (a ). tracts (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) Par. 3. In subparagraph (1) of para­ Effective date. This regulation is graph (b) the word “dominant” is in­ Sections 101-26.406-4,101-26.406-5 (b), serted between the words “or” and and 101-26.406-6 (b) are revised as effective upon publication in the Federal “stockholder.” After the semicolon the follows: Register. word “or” is added. Dated: December 5, 1966. As revised, § 208.11 reads as follows: § 101—26.406—4 Tag or registration number. Lawson B. Knott, Jr., § 208.11 Criteria for determining af­ filiation. The fifth embossed line of the Stand­ Administrator of General Services. ard Form 149, U.S. Government National [F.R. Doc. 66-13302; Filed, Dec. 9, 1966; An “affiliate” of a supplier whom AID 8:49 a.m.] proposes to debar or has already de­ Credit Card, is always reserved for the barred shall mean: tag or registration number of the vehicle and may be used when it is determined (a) As between firms. (1) Any subsid­ by Federal agencies that the embossing SUBCHAPTER G— TRANSPORTATION AND iary finn in which the supplier holds a MOTOR VEHICLES beneficial interest which exceeds 49 per­ of such tag or registration number is cent; or essential for administrative control of PART 101—38—MOTOR EQUIPMENT (2) Any parent firm which holds a the credit card and/or for other justifi­ MANAGEMENT beneficial interest in the supplier which able reasons. A credit card may be used exceeds 49 percent; or only for supplies or services for the ve­ Code Designations; Exemptions; and (3) Any subsidiary of the parent firm hicle bearing the tag or registration Standard Form 149, U.S. Govern­ of the supplier if the parent firm holds a number embossed thereon or, if no num­ ment National Credit Card beneficial interest which exceeds 49 per­ ber is shown, for any properly identified cent both in the supplier and in the sub­ U.S. Government vehicle, boat, or small This amendment deletes the agency sidiary; or aircraft. code designation for the Housing and (4) Any other firm in which a director, § 101—26.406—5 Methods of obtaining Home Finance Agency; amends the Policymaking officer, dominant owner, or Standard Form 149: U.S. Govern­ exemptions for motor vehicles of the De­ dominant stockholder is also a director, ment National Credit Card. partment of the Interior and the Depart­ Policymaking officer, dominant owner, * * * * * ment of the Treasury; and amends or dominant stockholder of the supplier. (b) Requisition for 49 or less. (1) Subpart 101-38.8 to permit Federal • between a supplier who is an individual and a business firm. Any firm Agency requisitions for 49 or less of em­ agencies the option of embossing the in which: bossed Standard Form 149 shall be for­ vehicle tag or registration number on (1) The supplier is the doming warded to the Transportation and Com­ Standard Form 149. The revised Stand­ owner or dominant stockholder; or munications Service, Motor Equipment ard Form 149 may be used to obtain (2) The supplier is a director or polic Division, of the nearest GSA regional services or supplies for boats and small making officer; or office. aircraft. (3) a firm described in subparagra] (2) Each agency shall furnish the bill­ a) or (2) of this paragraph holds ing code and billing address and, where Subpart 101-38.3— Official oenencial interest which exceeds appropriate, the vehicle tag or registra­ Government Tags Percent. tion number for each Standard Form 149 Section 101-38.304-1 is amended by the Dated: December 3,1966. requisitioned. Such information shall deletion of the following agency code William S. Gaud, accompany the requisition and shall be designation: Administrator, Agency for limited to 5 lines with no more than 22 International Development. § 101—38.304—1 Code designations. characters (including spaces) per line. * * * * * [PR. Doc. 66-13277; Filed, Dec. 9, 1966; (3) GSA will bill requisitioning agen­ Housing and Home Finance Agency____ HH 8:46 a.m.] cies or will accept cash payment.

No. 239----- 2 FEDERAL REGISTER, VOL. 3T, NO. 239— SATURDAY, DECEMBER 10, 1966 15572 RULES AND REGULATIONS § 101-38.806-2 Notice of changes. prescribed in this Part 101-38. The Subpart 101-38.6— Exemptions From forms and reports are illustrated to show Use of Official U.S. Government Once GSA has been officially notified the format, text, and arrangement and Tags and Other Identification of the assignment of billing codes arid to provide a ready source of reference. billing addresses, the agency may order Instructions for preparing some of the Sections 101-38.602 (e) and (h), and additional Standard Forms 149, using 101-38.603 (a) (2) are revised to read as forms and reports are shown in the the same billing code and billing address illustrations. follows: without reporting such use. Changes in (b) GSA forms illustrated in this § 101-38.602 Unlimited exemptions. billing codes and billing addresses must § 101-38.4900 may be obtained by Federal be furnished GSA so that the contractors * * * * * agencies from General Services Admin­ may be informed. This is essential for istration Region 3, Office of Regional (e) Department of the Interior. Thoseproper control of billing procedures. motor vehicles operated by the Fish and Manpower and Administration, OFA, Wildlife Service in the enforcement of § 101—38.808 License tag changes. Printing and Publications Division— Federal game laws. Whenever a Standard Form 149 is em­ 3BRD, Washington, D.C. 20407, unless ***** bossed with a tag number and the license otherwise provided in the section pre­ tag is destroyed or expires, the Standard scribing the forms. Standard forms il­ (h) Department of the Treasury. All lustrated in this § 101-38.4900 may be motor vehicles operated by the Bureau Form 149 shall be destroyed. obtained from the nearest GSA supply of Narcotics; the U.S. Secret Service; Subpart 101-38.49— Forms and the Intelligence Division, the Alcohol depot, unless otherwise provided in the and Tobacco Tax Division, and Internal Reports section prescribing the forms. Security Division of the Internal Rev­ 1. Section 101-38.4900 is revised to 2. Section 101-38.4906 is revised to enue Service; the Office of Investigations read as follows: illustrate the September 1966 edition of of the Bureau of Customs; and the In­ telligence Division Of the U.S. Coast § 101-38.4900 Scope of suhpart. Standard Form 149. Guard. • (a) Sections 101-38.4901 through 101- § 101—38.4906 Standard Form 149: U.S. ***** 38.4909 contain illustrations, forms, and Government National Credit Card. § 101—38.603 Limited exemptions. reports used in connection with the regu­ No t e : Standard Form 149 filed as p a rt of lations on motor equipment management original document. (a) * * * (2) Department of the Treasury. The 3. Section 101-38.4907 is revised to read as follows: Offices of Regional Commissioners and § 101-38.4907 Billing data format for transmittal to the embossing contractor. District Directors of the Bureau of Customs. * * * * * Subpart 101-38.8— Obtaining Service Station Deliveries of Gasoline, Lu­ bricants, Fuel Oil (Diesel), Kero­ sene, and Related Services Under Federal Supply Schedule Contract Sections 101-38.803(0, 101-38.806-2, and 101-38.808 are revised to read as follows: 000 147 201^ GSA DIR ORDFM MP 0201 § 101-38.803 Billing data to be shown 30 CHURCH STREET on Standard Form 149. NEW YORK, N.Y. 10007 * * * * * TAG NO. Gl 1-59011 (c) Tag or registration number. The fifth embossed line on Standard Form 149 is always reserved for the tag or registration number of the vehicle and may be used when it is determined by Federal agencies that the embossing of such tag or registration number is es­ sential for administrative control of the credit card and/or for other justifiable reasons. A credit card may be used only 1 Optional—see § 101—38.803. for supplies or services for the vehicle bearing the tag or registration number The11purchase order, or a separate transmittal, shall contain substantially the embossed thereon or, if no number is following statement: shown, for any properly identified U.S. You are requested to furnish — ------embossed Standard Form 149, U.S. govern Government vehicle, boat, or small ment National Credit Card. Billing data for each Standard Form 149 are on separate 3 x o aircraft. cards attached.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15573 4. Section 101-38.4908 is revised to read as follows: containers, packing, marking, labeling, § 101-38.4908 Billing data format for transmittal to the Chief, Motor Equipment and certification for certain dangerous Division, at the selected GSA Regional Office. cargoes, which are now in effect for land 000 147 201 000 147 201 transportation. Various amendments to GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 the Dangerous Cargo Regulations in 46 30 CHURCH STREET 30 CHURCH STREET CFR Part 146 have been included in this NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 document in order that these regulations TAG NO. G11-59011 TAG NO. G il—5907 1 governing water transportation of cer­ 000 147 201 000 147 201 tain dangerous cargoes will be as nearly GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 parallel as particable with the regula­ 30 CHURCH STREET 30 CHURCH STREET tions of the Interstate Commerce Com­ NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 mission which govern the land transpor­ TAG NO. G11-5902 * TAG NO. G11—5908 1 tation of the same commodities. The major editorial amendments are 000 147 201 000 147 201 to 46 CFR 146.22-100. This table for­ GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 merly included entries for both inflam­ 30 CHURCH STREET 30 CHURCH STREET NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 mable solids and oxidizing materials. TAG NO. G11-5903 1 These editorial changes will separate the TAG NO. G il—5909 1 classes into two tables, § 146.22-100 for 000 147 201 000 147 201 inflammable solids and § 146.22-200 for GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 oxidizing materials. 30 CHURCH STREET 30 CHURCH STREET The amendments to 46 CFR Part 146 NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 are considered to be interpretations of TAG NO. G11-5904 1 TAG NO. G il—59101 law, or revised requirements to agree 000 147 201 000 147 201 with existing ICC regulations, or edito­ GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 rial in nature, and it is hereby found that 30 CHURCH STREET 30 CHURCH STREET compliance with the Administrative Pro­ NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 cedure Act (respecting notice of proposed TAG NO. G11-5905 1 TAG NO. G ll-59111 rule making, public rule making proced­ 000 147 201 000 147 201 ure thereon, and effective date require­ GSA DIR ORDFM MP 0201 GSA DIR ORDFM MP 0201 ments thereof) is unnecessary with re­ 30 CHURCH STREET 30 CHURCH STREET spect to such changes. NEW YORK, N.Y. 10007 NEW YORK, N.Y. 10007 By virtue of the authority vested in me TAG NO. G il—5906 1 TAG NO. Gll-5912 1 as Commandant, U.S. Coast Guard by 1 Optional—See § 101-38.803. section 632 of Title 14, U.S. Code, and Treasury Department Orders 120, dated The requisition, or a separate trans­ Dated: Decembers, 1966. July 31, 1950 (15 F.R. 6521), and 167-14, mittal, shall contain substantially the dated November 26, 1954 (19 F.R. 8026), following statement: Lawson B. K nott, Jr. to promulgate regulations in accordance Administrator of General Services. You are requested to fu rn ish _____ em­ with the laws cited with the regulations bossed Standard Form 149, U.S. Government [F.R. Doc. 66-13303; Filed, Dec. 9, 1966; below, the following amendments are National Credit Card. Billing data for each 8:49 a.m.] prescribed and shall be effective January Standard Form 149 are attached. 1, 1967; however, the regulations in this document may be complied with in lieu 5. Section 101-38.4909 is revised to of existing requirements prior to that read as follows: Title 46— SHIPPING date. § 101—38.4909 Notice to GSA of assign­ Chapter 1— Coast Guard, Department Subparf 146.02— General Regulations ment of billing codes and billing of the Treasury addresses for U.S. Government Na­ 1. Section 146.02-19 is amended by tional Credit Card. SUBCHAPTER N— DANGEROUS CARGOES changing paragraph (a) to read as To: General Services Administration [CGFR 66-65] follows : Federal Supply Service Procurement Operations Division—FPN PART 146— TRANSPORTATION OR § 146.02—19 Shipments via vessels other Washington, D.C. 20406 STORAGE OF EXPLOSIVES OR than common carriers. (Agency, bureau, service, or other purchasing OTHER DANGEROUS ARTICLES OR (a) Explosives or other dangerous ar­ activity) SUBSTANCES, AND COMBUSTIBLE ticles or substances packed in barrels, has assigned the billing code(s) and billing LIQUIDS ON BOARD VESSELS drums, boxes, cylinders, carboys, or bags address(es) as listed below, or attached here­ and offered for transportation or storage to. to Standard Forms 149. Miscellaneous Amendments on board vessels that are not common 000 147 201 earner vessels shall with respect to defi­ GSA DIR ORDFM MP 0201 The provisions of R.S. 4472, as amend­ nitions, descriptions, descriptive names 30 CHURCH STREET ed (46 U.S.C. 170), require that the land and classifications of explosives, inflam­ 1NEW YORK, N.Y. 10007 and water regulations governing the mable liquids, oxidizing materials, cor­ transportation of dangerous articles or rosive liquids, compressed gases and (Contracting officer) substances shall be as nearly parallel as poisonous articles, and with respect to practical. The provisions in 46 CFR specifications of containers for such ar­ (Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c)) 146.02-18 and 146.02-19 make the Dan­ ticles or substances, and with respect to Effective date. These regulations are gerous Cargo Regulations applicable to the packing, marking, labeling, and cer­ all shipments of dangerous cargoes by effective upon publication in the F e d ­ tification of such articles or substances eral R egister. vessels. The Interstate Commerce Com­ conform to the requirements of the regu­ mission in Change Order Nos. 71 and 72 lations in effect at the time of shipment has made changes in the ICC regulations * Tag or registration number is not re­ as promulgated by the Interstate Com­ quired. with respect to definitions, descriptive merce Commission under the title of names, classifications, specifications of “Explosives and Other Dangerous Arti-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15574 RULES AND REGULATIONS cles” (49 CFR Parts 71-79) except as Commission for “Explosives and Other (1) In column 1, delete: may be otherwise required by the regu­ Dangerous Articles” (49 CFR Parts 71- Ammunition for small arms with explosive lations herein. Import or export ship­ 79) in effect at the time a shipment is bullets. ments of such articles or substances shall moving and subject to the regulations in (2) In column 1, add the following : this part. comply with the provisions of f § 146.02- Ammunition for small arms with incendiary 10 and 146.02-11. Subpart 146.04— List of Explosives or projectiles. * ♦* * f * * Other Dangerous Articles Contain­ (3) In column 2, delete “Fixed ammu­ Subpart 146.03— Definitions of Words ing the Shipping Name or Descrip­ nition, etc.” and insert in lieu thereof: and Terms Contained Within the tion of Articles Subject to the Reg­ Fixed ammunition of caliber 20 millimeter Regulations in This Subchapter ulations in This Subchapter to be used in machine guns or cannons, and consists of a metallic cartridge case, 2. Section 146.03-18 is amended to § 146.04—5 [Amended] the primer and the propelling charge, with read as follows: explosive or incendiary projectile, with 3. Section 146.04-5 List of explosives or without detonating fuze, the component § 146.03-18 ICC regulations. and other dangerous articles and com­ parts necessary for one firing being all in The term “ICC regulations” when used bustible liquids, is amended by adding, one assembly. in the regulations in this part refers to changing or canceling certain items as follows: (4) In column 2, delete “ICC packing regulations of the Interstate Commerce regulations, etc.” and insert in lieu thereof: Article Classed as— Label required1 Detonating fuzes, tracer fuzes, explosive, or ignition devices or fuze parts with explo­ Items added * * * sives contained therein must not be assem­ Aerosol products (see “Compressed^gases, N.O.S.")------* * * bled in ammunition or included in the same outside package unless shipped by, Expl. A. Ammunition for small arms with incendiary projectiles. * * * for or to the Departments of the Army, Navy, and Air Force of the U.S. Government Exothermic ferrochrome----- Haz. Exothermic ferromanganese. Haz. or unless of a type approved by the Inter­ Exothermic silicon-chrome.. Haz. state Commerce CQmmission. Ferrochrome, exothermic (see “Exothermic ferrochrome”)...... --- (5) In column 2, delete “Each outside Ferromanganese, exothermic (see “Exothermic ferromanganese )- * * * package, etc.” and insert in lieu thereof: Rocket engines (liquid), class explosives...... Expl. B . * * * Each outside package must be plainly marked

Silicon-chrome, exothermic (see “Exothermic silicon-chrome ). * * * “Ammunition for Small Arms With Explo­ sive Projectiles” or “Ammunition for Small Items canceled * * Arms With Incendiary Projectiles.” Ammunition for small arms with explosive bullets...... - Expl. A. (D) Amend “Blasting caps—more Rocket engines (liquid), Class B explosives...... —...... - Expl. B. than 1,000, etc.” as follows: (1) In column 4, delete “Fiberboard Unless otherwise exempt by the provisions of the detailed regulations. boxes, etc.” and insert in lieu thereof: tiles; gas projectiles, smoke projectiles, Fiberboard boxes: Subpart 146.20— Detailed Regula­ incendiary projectiles, illuminating projec­ (IOC—23F, 23H) WIC, not over 75 lb. gr. wt. tions Governing Explosives tiles; 1 boosters (explosives); bursters (ex­ (ICC—12H) WIC, not over 103 lb. gr. wt. plosive): and supplementary charges 4. Section 146.20-3 is amended by (explosive) without detonators.2 § 146.20—200 [Amended] changing paragraph (q) to read as B. Amend entry 9 by deleting the 6a. Section 146.20-200 Table B—Clas­ follows: present text and insert in lieu thereof: sification: Class B; less dangerous ex­ § 146.20-3 Prohibited or not permitted Propellant explosives, class B, jet thrust plosives is amended as follows: explosives. units (jato), class B; igniters, jet thrust, A. After “Fireworks, special (flash ***** class B; rocket motors, class B; rocket sheets)" insert the following: (q) New explosives and explosive de­ engines (liquid),'class B; igniters, rocket (1) In column 1, insert: vices except samples for laboratory ex­ motor, class B; starter cartridges, jet en­ amination and military explosives of a gine, class B. Fireworks, special (exceeding 90 pounds in wt. ea.). security classification approved by the § 146.20—100 [Amended] Illuminating projectiles. U.S. Army Materiel Command; Com­ 6. Section 146.20-100 Table A—Clas­ Incendiary projectiles. mander, Naval Ordnance Systems Com­ sification: Class A; dangerous explosives Smoke projectiles. mand, Department of the Navy; or Com­ is amended as follows: (2) In column 2, insert: mander, Air Force Systems Command A. Amend “Ammunition for cannon May be shipped without being boxed only and Commander, Air Force Logistics with explosive projectiles, etc.” as by, for, or to the Departments of the Army, Command, Department of the Air Force. follows: Navy, and Air Force of the US. Govern­ (1) In column 4, delete “Polyethylene ment when securely stowed in accordance All other new explosives, must be ap­ containers, etc.” and insert in lieu with methods prescribed by Subpart 146.29 proved for transportation by the Inter­ thereof: of this Subchapter. state Commerce Commission. Plastic containers as specified by ICC. ***** § 146.20—300 [Amended] B. Amend “Ammunition—Projectiles, § 146.20—90 [Amended] 7. Section 146.20-300 Table C—Classi­ grenades, bombs, mines and torpedoes, fication: Class C, relatively safe explo­ 5. Section 146.20-90 is amended by etc." as follows: changing the stowage and storage chart (1) In column 4, under “Outside con­ sives is amended as follows: tainers” add the following: A. Amend “Blasting C a p s — 1,000 or as follows: less, etc.” as follows: A. Amend entry 5 by deleting the Explosive bombs packed more than one per shipping container having gross weights (1) In column 4, delete “Fiberboard present text and insert in lieu thereof: not in excess of 1,400 pounds may be boxes: (ICC-12H, 23F, 23H) WIC, not Ammunition for cannon with, explosive pro­ shipped by, for, or to the Departments of over lb. insert lieu jectiles, gas projectiles, smoke projectiles, the Army, Vavy, and Air Force of the 75 gr. wt.” and in incendiary projectiles, illuminating projec­ U.S. Government. thereof: tiles, or shells, ammunition for small arms C. Amend “Ammunition for small Fiberboard boxes: t with incendiary projectiles: ammunition (ICC-23F, 23H) WIC, not over 75 lb. gr. wi. for small arms with explosive projectiles: arms with explosive bullets”, etc. as (ICC—12H) WIC, not over 103 lb. gr. wt. rocket ammunition with explosive projec- follows:

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15575 B. Amend “Small arms ammunition,Fiber drum (ICC-21P) WIC ICC-2S, ICC-2SL, etc.” as follows: not over 55 gal. cap. (1) In column 1 add: (1) In column 2, delete “Small arms Drugs, chemicals, medicines, or cosmetics, ammunition, etc.” and insert in lieu B. Amend “Ethylene imine, inhibited, N.O.S. When packed in accordance with thereof : etc.” as follows: ICC requirements for the particular sub­ (1) In column 4, add the following: stance, and separated and cushioned by Small arms ammunition is fixed ammunition incombustible absorbent material when consisting of a metallic, plastic compo­ Authorized only for propylene imine, in­ the characteristics of the substance so re­ sition, or paper cartridge case, a primer hibited : quire. (See § 146.22-25 for exemptions.) and a propelling charge, with or without Metal barrels or drums (ICC-5A), not over bullet, projectile, shot, tear gas material, 55 gal. cap. (2) In column 2 add: tracer components, or incendiary compo­ A unit substance or a compound classified sitions or mixtures, and is further limited C. Amend “Inflammable li q u id s , as an oxidizing material in accordance to the following: N.O.S., etc.” as follows: with the definition contained herein, when Ammunition of caliber less than 20 milli­ (1) In column 4, under “Fiber or ply­ prepared, packed and offered to the meters with incendiary, solid, inert, or wood drums” delete “(ICC-21C) WIC trade as drugs, chemicals, medicines, or empty projectiles (with or without tracers), ICC-2S, 2SL not over 30 gal. cap.” and cosmetics. designed to be fired from machine guns or cannons. insert in lieu thereof: (3) In column 3 add: 20 millimeter ammunition other than am­ Fiber drum (ICC-21P) WIC ICC-2S, ICC- Yellow______munition for small arms with explosive or 2SL, not over 55 gal. cap. incendiary projectiles. (4) In column 4 add: Blank cartridges, including canopy remover Subpart 146.22— Detailed Regula­ Stowage: cartridges, starter cartridges, and seat tions Governing Inflammable “On deck protected.” ejector cartridges, containing not more “On deck under cover.” than 500 grains of propellant powder: Solids and Oxidizing Materials “Tween decks readily accessible.” Provided, That such cartridges shall be in­ Outside containers: capable of functioning en masse as a re­ 9. Section 146.22-100 is amended as Steel barrels or drums: sult of the functioning of any single follows: (ICC-6A) not over 55 gal. cap. and not cartridge in the container or as a result of A. Delete the present heading and in­ exposure to external flame. exceeding 880 lb. gr. wt. sert in lieu thereof: (ICC—6B, 6C) not over 110 gal. cap. and Subpart 146.21— Detailed Regula­ not exceeding 1,760 lb. gr. wt. § 146.22—100 Table E— Classification: (ICC-17C, 17E, 17H, 37A, 37B) STC, not tions Governing Inflammable Inflammable solids. over 55 gal. cap. Liquids Wooden barrels or kegs: B. Amend the following items as indi­ (ICC—10A, 10B, IOC) not over 50 gal. cap. § 146.21—100 [Amended] cated: and not exceeding 600 lb. net wt. 8. Section 146.21-100 Table D—Classi­ (ICC—11A, 11B) WIC, not over 50 gal. cap. fication: Inflammable liquids is amended 1. Barium peroxide, etc. and not exceeding 600 lb. net wt. as follows : 2. Calcium chlorite. Wooden boxes (ICC-15A, 15B, 15C, 16A, 3. Calcium hypochlorite compounds, dry, 19A> WIC not over 250 lb. gr. wt. A. Amend the following items as Fiberboard boxes (ICC-12A, 12B) WIC, not indicated: 4. Calcium peroxide. over 65 lb. gr. wt. 1. Alcohol, N.O.S., etc. 5. Chlorates, etc. Fiber drums (ICC-21C) not over 250 lb. 2. Allyi bromide, etc. 6. Chlorates, wet, etc. gr. wt. 3. Amyl nitrite. 7. Chlorate and borate mixtures, etc. Plywood drums: 4. Antifreeze compounds, liquid, etc. 8. Chlorine dioxide hydrate, frozen. (ICC-22A) not over 220 lb. gr. wt. 5. Box toe gum, etc. 9. Chromic acid, etc. (ICC-22B) WIMC, not over 220 lb. gr. 6. Butyl acetate. 10. Compounds, tree or weed killing, solid. wt. 7. Butyraldéhyde. 11. Dichloroisocyanuric acid, dry, etc. 8. Cement, leather, etc. 12. Lithium peroxide. (5) In column 5, add: 9. Cigar and cigarette lighter fluid. 13. Magnesium peroxide, solid. Stowage : 10. Coal tar distillate, etc. 14. Nitrates, etc. “On deck under cover.” 11. Compounds cleaning liquid, etc. 15. Organic peroxides, etc. “Tween decks readily accessible.” 12. Compounds, lacquer, paint, or varnish, 16. Oxidizing materials, N.O.S. Outside containers: etc. 17. Perchlorates, etc. 18. Permanganates, etc. Steel barrels or drums: 13. Compounds, tree or weed killing, liquid. (ICC-6A) not over 55 gal. cap. and not 14. Crotonaldehyde. 19. Potassium bromate. exceeding 880 lb. gr. wt. 15. Crude oil, petroleum, etc. 20. Potassium' dichloroisocyanurate, dry, etc. (ICC—6B, 6C) not over 110 gal. cap. and 16. Dimethylamine aqueous solution, etc. 21. Potassium nitrate mixed (fused) ' with sodium nitrite. not exceeding 1,760 lb. gr. wt. 17. Drugs, chemicals, medicines, or cosmetics, (ICC—17C, 17E, 17H, 37A, 37B) STC, not N.O.S. 22. Potassium nitrite. over 55 gal. cap. 18. Ethyl acetate. 23. Potassium peroxide. 24. Sodium bromate. Wooden barrels or kegs: 19. Ethyl methyl ketone, etc. (ICC-10A, 10B, 10C) not over 50 gal. cap. 20. Ethylene dichloride. 25. Sodium chlorite. 26. Sodium nitrite, etc. and not exceeding 600 lb. net wt. 21. Heptane. (ICC-11A, 11B) WIC, not over 50 gal. cap. 22. Ink, etc. 27. Sodium peroxide. 28. Strontium peroxide. and not exceeding 600 lb. net wt. 23. Insecticide, liquid, etc. Wooden boxes (ICC-15A, 15B, 15C, 16A, 24. Isopropyl acetate. 29. Tetranitromethane. 30. Zinc ammonium nitrite. 19A) WIC, not over 250 lb. gr. wt. 25. Methyl iso-propenyl ketone, inhibited. Fiberboard boxes (ICC-12A, 12B) WIC, not 26. Methyl methacrylate monomer. 31. Zinc peroxide. 32. Zirconium picramate, wet,, etc., over 651 lb. gr. wt. 27. Oil, etc. Fiber drums (ICC-21C) not over 250 lb. gr. 28. Paint, enamel, lacquer, etc. wt. 29. Polishes, metal, stove, etc. (1) Delete all text from § 146.22-100 Plywood drums: 30. Pyridine, etc. and insert it in a new section as follows: (ICO-22A) not over 220 lb. gr. wt. 31. Resin solution, etc. (ICC—22B) WIMC, not over 220 lb. gr. wt. 32. Road asphalt or tar, liquid, etc. § 146.22—200 Table E—Glassification: 3. Sodium methylate, alcohol mixture, etc. Oxidizing materials. (6) In column 6, add: 34. Solvents, N.O.S. 35. Toluol, etc. C. Amend Table 146.22-100, “Drugs, Ferry stowage (A A )______36. Turpentine substitutes, etc. chemicals, etc.,” as follows: Outside containers: 37. Xylol, etc. (1) In column 2, delete: “Or an oxidiz­ Steel barrels or drums: (ICC—6A) not over 55 gal. cap. and not (1) In columns 4, 5, 6, and 7, wher­ ing material”. exceeding 880 lb. gr. wt. ever applicable delete “Fiber drum (ICC- D. Add the following entry to Table (ICC—6B, 6C) not over 110 gal. cap. and 1?, WIC ICC-2S, ICC-2SL, not over 55 146.22-200, after “Dichloroisocyanuric not exceeding 1,760 lb. gr. wt. gal.” and insert in lieu thereof: (ICC-17C, 17E, 17E, 17H, 37A, 37B) STC, acid, dry etc.” not over 55 gal. cap.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15576 RULES AND REGULATIONS Wooden barrels or kegs: 210 WIC (ICC-2S, 2SL, 2U) not over (1) Capacity must not exceed 50 cubic (ICC-10A, 10B, IOC) not over 50 gal. cap. 30 gal. cap.” and insert in lieu thereof: inches (27.7 fluid ounces). Compressed gases contained in nonrefillable inside and not exceeding 600 lb. net wt. Fiber drums (ICC-21P) WIC ICC-2S, 2SL, or (ICC—11A, 113) WIC, not over 50 gal. cap. metal containers exceeding 35 cubic and not exceeding 600 lb. net wt. 2U not over 30 gal. cap. inches (19.3 fluid ounces) but not ex­ Wooden boxes (ICC-15A, 15B, 15C, 16A, B. Amend “Compounds, cleaning, liq­ ceeding 50 cubic inches (27.7 fluid 19A) WIC, not over 250 lb. gr. wt. uid, etc.” as follows: ounces) packaged and tested in accord­ Fiberboard boxes (ICC-12A, 12B) WIC, not (1) In columns 4,5, 6, and 7, delete ance with this paragraph shall be over­ over 65 lb. gr. wt. Fiber drums (ICC-21C) not over 250 lb. gr. “Fiber drums (ICC-21C), etc.” and insert packed in outside containers marked wt. in lieu thereof: with the name of contents and labeled Plywood drums: Fiber drums (ICC-21P) WIC ICC-2S, 2SL, or as prescribed in §§ 146.05—15 and 146.05- (ICC—22A) not over 220 lb. gr. wt. 2U, not over 30 gal. cap. 17 respectively of this Subchapter. (ICC-22B) WIMC, not over 220 lb. gr. wt. Each outside shipping container shall C. Amend “Compounds, cleaning liq­ (7) In column 7, add: also be plainly marked: “Inside Con­ uid (containing hydrofluoric acid), etc.” tainers Comply With Prescribed Specifi­ Ferry stowage (BB). (1) In column 4, delete “Fiber drum cations.” Outside containers: (ICC—21 0 , etc.” and insert in lieu Steel barrels or drums: thereof: (2) Pressure in the container must not (ICC-6A) not over 55 gal. cap. and not exceed 180 p.s.i.g. at 130° F. If the exceeding 880 lb. gr. wt. Fiber drums (ICC-21P) WIC ICC-2U, not pressure exceeds 140 p.s.i.g. at 130° F., (ICC-6B, 6C) not over 110 gal. cap. and over 15 gal. cap. but does not exceed 160 p.s.i.g. at 130° F., not exceeding 1,780 lb. gr. wt. D. Amend “Hydrochloric (muriatic) a specification ICC-2P inside metal con­ (ICC—17C, 17E, 17H, 37A, 37B) STC, not tainer must be used; if the pressure ex­ over 55 gal. cap. acid, etc.” as follows: Wooden barrels or kegs: (1) In columns 4, 5, 6, and 7, delete ceeds 160 p.s.i.g. at 130° F., a specifica­ (ICC—10A, 10B, 10C) not over 50 gal. cap. “Fiber drum (ICC-21C), etc.” and insert tion ICC-2Q inside metal container must and not exceeding 600 lb. net wt. in lieu thereof: be used. In any event, the metal con­ (ICC—11A, 11B) WIC, not over 50 gal. Fiber drums (ICC—21P) WIC IOC-2T, 2S, tainer must be capable of withstanding cap. and not exceeding 600 lb. net wt. 2SL, or 2U, not over 225 lb. gr. wt. without bursting a pressure of 1 Yz times Wooden boxes (ICC—15A, 15B, 15C, 16A, the equilibrium pressure of the content 19A) WIC, not over 250 lb. gr. wt. E. Amend “Hydrofluosilicic acid” as at 130° F. Fiberboard boxes (ICC-12A, 12B) WIC, not follows: over 65 lb. gr. wt. (1) In column 4, delete “Fiber drum Fiber drums (ICC-21C) not over 250 lb. gr. (ICC-21C), etc.” and insert in lieu (4) If any content is flammable, the wt. flash point must not be less than 20° F. Plywood drums: thereof: (ICO-22A) not over 220 lb. gr. wt. Fiber drums (ICC-21P) WIC ICC-2S, 2SL, (5) Each completed container filled (ICC—22B) WIMC, not over 220 lb. gr. wt. or 2U, not over 225 lb. gr. wt. for shipment must have been heated un­ til the pressure in the container is equiv­ E. Amend “Chromic acid, etc.” as F. Amend “Hydrogen peroxide, etc.” alent to the equilibrium pressure of the follows: as follows: content at 130° F. without evidence of (1) In columns 4, 6 and 7, add the (1) In column 4, after “Fiberboard leakage, distortion, or other defect. following: box (ICC-12B), etc.” insert the (d) In inside nonrefillable metal con­ Fiber drums (ICC-21C) WIL plastic, not over following: tainers charged with a solution of non- 1151b.net wt. Fiber drums (ICC-21P) WIC ICC-2SL with poisonous and nonflammable materials F. Under “Organic peroxides” amend vented closure, drums marked “Keep this and nonliquified compressed gas, pro­ end up”, not over 30 gal. cap. vided all the following conditions are “Benzoyl peroxide, wet, etc.” as follows: Fiber drums (ICC-21P) WIC ICC-2U with' (1) In columns 4,5,6, and 7, delete the vented closure, drums marked “Keep this met: following: this end up”, not over 15 gal. cap. (1) Capacity must not exceed 50 cubic inches (27.7 fl. oz.). Compressed gases Steel barrels or drums (ICC-5, 5B, 6A, 6B, 6C) G. Amend “Sodium chlorite solution WIL, not over 350 lb. gr. wt. contained in nonrefillable inside metal (not exceeding 42% sodium chlorite)” containers exceeding 35 cubic inches G. Amend “Peracetic acid, etc.” as fol­ as follows: (19.3 fl. oz.) but not exceeding 50 cubic lows : (1) In columns 4, 5, 6, and 7, delete inches (27.7 fl. oz.) packaged and tested (1) Relocate all present text, under “Fiber drum (ICC-21C) WIC (ICC-2T, in accordance with this paragraph shall “Organic peroxides,” after “Lauroyl per­ etc.)” and insert in lieu thereof: be overpacked in outside containers oxide, wet, etc.” Fiber drums (ICC-21P) WIC ICC-2T, 2S, marked with the name of contents and 2SL, or 2U, not over 30 gal. cap. labeled as prescribed in §§ 146.05-15 and Subpart 146.23— Detailed Regula­ 146.05-17 respectively of this subchap­ tions Governing Corrosive Liquids H. Amend “Sulfuric acid (oil of vitriol), etc.” as follows: ter. Each outside shipping container 10. Section 146.23-100 Table F—Clas­ (1) In columns 4, 6, and 7, delete shall also be plainly marked: “Inside “Fiber drum (ICC-21C) etc.” and insert Containers Comply With Prescribed sification: Corrosive liquids is amended Specifications.” as follows: in lieu thereof: (2) Pressure in container does not ex­ A. Amend the following items as indi­ Fiber drums (ICC-21P) WIC ICC-2T or 2U, cated: ceed 125 p.s.i.g. at 130° F. not over 15 gal. cap. (3) The metal container must be cap­ 1. Acids, liquid, N.O.S. Subpart 146.24— Detailed Regula­ able of withstanding without bursting 2. Alkaline corrosive battery fluid, etc. a pressure of 2 times the pressure of the 3. Antimony pentacbloride solution. tions Governing Compressed Gases 4. Boiler compound, liquid. content at 70° F. or Wz times the pres­ 5. Caustic potash, liquid, etc. 11. Amend § 146.24-20 by changingsure of the content at 130° F., whichever 6. Chromic acid solution* paragraph (c), except (3); and para­ is greater. 7. Corrosive liquid, N.O.S. graph (d) as follows: 8. Cupriethylene-diamine solution. § 146.24—20 Exemptions for compressed 9. Drugs, chemicals, medicines, or cos­ 12. Section 146.24-21 is amended by metics, N.O.S., etc. gases. changing paragraphs (b), (c), and (e) as 10. Formic acid, etc. ***** follows: 11. Hexamethylene diamine solution. (c) In inside nonrefillable metal con­ 12. Hydriodic acid. tainers charged with a solution of ma­ § 146.24.21 Exemptions for foodstuffs, 13. Sodium aluminate, liquid. terials and compressed gas or gases soap, cosmetics, beverages, biologic 14. Water treatment compound, liquid. which are nonpoisonous, provided all of cals, electronic tubes, and audible (1) In columns 4, 5, 6, and 7 wherever the following conditions are met as fire alarm systems. applicable, delete “liber drum (ICC-r follows: * * * - * *

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15577

(b) Foodstuffs or soaps in nonrefill- B. Amend “Organic phosphates, N.O.S. § 146.27—50 Phosphoric acid in bulk. able metal containers not exceeding 50 mixed with compressed gas, etc.” as fol­ cubic inch capacity (27.7 fl. oz.), with sol­ lows: Phosphoric acid may be carried in bulk uble or emulsified compressed gas, pro­ (1) In column 1, delete the present only in inspected and certificated cargo vided the pressure in the container does text and insert in lieu thereof: barges, tank barges, or cargo vessels. not exceed 140 p.s.i.g. at 130° F. The For applicable requirements, see Part 98 metal container must be capable of with­ Organic phosphates, N.O.S. mixed with com­ of Subchapter I (Cargo and Miscellane­ pressed gas (must contain not more than ous Vessels) of this chapter. standing without bursting a pressure of 30 percent by weight of organic phos­ IV2 times the equilibrium pressure of phate) . Dated: December 6,1966. the contents at 130° F. Compressed gases contained in nonrefillable inside C. Amend “Parathion and compressed [seal] W. J. S mith, metal containers exceeding 35 cubic gas mixture, etc.” as follows: Admiral, U.S. Coast Guard inches (19.3 fl. oz.) but not exceeding 50 (1) In column 1, delete the present Commandant. cubic inches (27.7 fl. oz.) packaged in text and insert in lieu thereof: [F.R. Doc. 66-13244; Filed, Dec. 9, 1966; accordance with this paragraph shall be Parathion and compressed gas mixture (must 8:45 a.m.] overpacked in outside containers marked not contain more than 20 percent para­ with the name of contents and labeled thion by weight). as prescribed in §§ 146.05-15 and 146.05- D. Amend “Tetraethyl pyrophosphate 17, respectively, of this subchapter. Each and compressed gas mixture, etc.” as Title 47— TELECOMMUNICATION outside shipping container shall also be follows: Chapter I— Federal Communications plainly marked: “Inside Containers (1) In column 1, delete the present Commission Comply With Prescribed Specifications”. text and insert in lieu thereof: [Docket No. 13847; FCC 66-1084] (c) Inside nonrefillable metal con­ Tetraethyl pyrophosphate and compressed tainers charged with a solution contain­ gas mixture (must not contain more than PUBLIC SAFETY, INDUSTRIAL, LAND ing biological products or medical prepa­ 20 percent tetraethyl pyrophosphate by TRANSPORTATION, AND CITIZENS weight). rations which will be deteriorated by RADIO SERVICES heat, and compressed gas or gases which E. Amend “Tetraethyl dithio pyro­ are nonpoisonous and nonflammable, and phosphate and compressed gas mixture, Miscellaneous Amendments of capacity not to exceed 35 cubic inches etc.” as follows: (19.3 fl. oz.). Pressure in the container In the matter of amendment of Parts (1) In column 1, delete the present 89, 91, 93, and 95 (formerly 10, 11, 16, shall not exceed 140 p.s.i.g. at 130° F., text and insert in lieu thereof: and the liquid content of the product and and 19) of the Commission’s rules to re­ gas must not completely fill the con­ Tetraethyl dithio pyrophosphate and com­ duce the separation between the assign­ tainer at 130° F. One completed con­ pressed gas mixture (must not contain able frequencies in the 450-470 Mc/s more than 20 percent tetraethyl dithio band; amendment of Parts 2, 87, tainer out of each lot of 500 or less, pyrophosphate by weight). filled for shipment, must be heated, until (formerly 9), 89, 91, 93, 95, and 21 of the the pressure in the container is equiva­ F. Amend the following items as indi­ Commission’s rules to reallocate fre­ lent to the equilibrium pressure of the cated: quencies in the 460-470 Mc/s band and contents at 130° F., without evidence of 1. Hexaethyl tetraphosphate and compressed to make additional frequencies available leakage, distortion, or other defect. ' gas mixture, etc. for assignment in the 450-470 Mc/s * * * * * 2. Organic phosphates, N.O.S. mixed with band ; amendment of Parts 89, 91, and 93 compressed gas, etc. of the Commission’s rules to prohibit the (e) Inside metal containers of a ca­3. Parathion and compressed gas mixture, use of frequencies in the 450-470 Mc/s pacity not to exceed 35 cubic inches (19.3 etc. band by fixed stations other than control fl. oz.), charged with nonflammable, 4. Tetraethyl pyrophosphate and compressed stations used for the secondary control nonpoisonous liquefied compressed gas gas mixture, etc. of mobile relay stations. to be used in conjunction with audible 5. Tetraethyl dithio pyrophosphate and com­ pressed gas mixture, etc. 1. On November 14, 1960, the Commis­ fire alarm systems. Pressure in the con­ sion issued a notice of proposed rule tainer must not ^exceed 70 p.s.i.g. at 70° (1) In column 4, delete “Outside con­ making in this proceeding which was F. The completely assembled container tainers, etc.” and insert in lieu thereof: published in the F ederal R egister on must be capable of withstanding without November 18, 1960 (25 F.R. 11010). In bursting a pressure of 1,000 p.s.i.g. The Outside containers: Cylinders, boxed (IOC- 3 A300, 3AA300, 3B300, 4A300, 4B240, that notice, the Commission proposed to liquid portion of the gas must not com­ 4BA240) charged with not more than 10 amend its rules governing the Public pletely fill the container at 130° F. lbs. of the mixture and to a maximum fill­ Safety, Industrial, Land Transportation, §146.24—100 [Amended] ing density of 80 percent of the water ca­ and Citizens Radio Services to require pacity. Not more than 12 cylinders in one reduction in the modulation frequency 13. Section 146.24-100 Table G—Clas­ outside wooden box, nor more than 4 cylin­ deviation of all frequency modulated sification: Compressed gases is amended ders in one outside fiberboard box. transmitters operated in the 450-470 as follows: Mc/s band (except Class B Citizens sta­ A. Amend “Liquefied petroleum gas” Subpart 146.27— Detailed Regula­ tions) from 15 kc/s to 5 kc/s; to reduce as follows: tions Governing Hazardous Ar­ the emission bandwidth to 20 kc/s; to (1) In column 2, add the following: ticles reduce the separation between assign­ All liquefied petroleum gas shall be effec­ able frequencies from 50 kc/s to 25 kc/s; tively odorized to indicate positively, by a § 146.27—100 [Amended] to make the additional frequencies thus distinctive odor, the presence of gas down to a concentration in air of not over one- 15. Section 146.27-100 Table K—Clas­ derived in the 450-460 Mc/s band avail­ fifth the lower limit of combustibility, as sification: Hazardous articles is amended able for assignment in the same services; prescribed by ICC regulations. as follows: to create two new services, i.e., the Avia­ A. Amend “Phosphoric acid” as fol­ tion Terminal Radio Service and the 14. Section 146.25-100 Table H—Clas­ lows: Industrial Protection Radio Service; to sification: Class A; extremely dangerous (1) In column 1, add: reallocate certain portions of the 460-470 poisons is amended as follows: Mc/s band, including the additional fre­ A. Amend “Hexaethyl tetraphosphate N o t e : For bull; shipments, see Subchapter quencies made available for assignment; and compressed gas mixture, etc.” as fol­ I (Cargo and Miscellaneous Vessels) of this chapter. and to prohibit the use of frequencies in lows: the 450-470 Mc/s band by fixed stations (1) In column 1, delete the present (2) In column 4, delete: (with certain exceptions) and certain text and insert in lieu thereof: other proposals. Bulk as specifically approved by Comman­ Hexaethyl tetraphosphate and compressed dant. 2. More than 75 comments and reply gas mixture (must not contain more than comments were filed in this docket. In 20 percent hexaethyl tetraphosphate by 16. Add a new § 146.27-50 to read as addition, there are pending petitions for w eight). follows: severance and several petitions for re- FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15578 RULES AND REGULATIONS to all new technical standards.1 These consideration filed on the other proceed­ For example, an ad hoc committee, known as Working Group 8 of the Tech­ technical standards and their effective ings which we have said would be dates will apply to existing Class A sta­ considered in the context of this pro­ nical Standing Committee, formed under the auspices of the Land Mobile Advisory tions in the Citizens Radio Service, but ceeding. The information and com­ not to Class B stations in that Service. ments filed are nearly 6 years old, Committee (LMAC), conducted field demonstrations in the area of Hew Or­ The changes in the technical standards conditions have changed, and some of herein adopted will necessitate with­ the issues raised in this docket are being leans, La., in June of 1966. Based on those tests, and on laboratory experi­ drawal of type acceptance as of Novem­ considered by the Land Mobile Advisory ber 1, 1971, for a number of transmitter Committee (LMAC). However, we have ments, this group concluded that with good frequency maintenance, split chan­ types now listed in the Commission’s obtained up-to-date information on the Radio Equipment List, Part C. A list of question of splitting channels in the nel operation in the 450-470 Mc/s band by means of reduced deviation, increased transmitter types so affected will be is­ 450-470 Mc/s band and we have a rea­ sued in the near future. sonably good picture concerning the effectiveness of audiorolloff filters and narrow frequency tolerance for base 8. The technical standards and their requirements of the industrial protec­ effective dates are specified in the rules tion industry and the aviation industry transmitters, can provide communica­ tions of almost the same quality arid contained in the appendix below. These for land mobile communications. Thus, rules have also been changed editorially, these matters can be disposed of now. service range as are now available with 50 kc/s systems under the same operat­ for uniformity, and to eliminate grand­ The remaining issues will be considered father provisions no longer in effect, but and possibly disposed of in the near ing conditions. Tests conducted by the airline industry in 1965 indicated similar no other substantive changes have been future. results. Working Group 8 of the LMAC, made. 3. Most of those who filed comments which consisted of representatives of 9. The notice in this proceeding pro­ on our proposal to split the channels the major equipment manufacturers, posed to establish two new radio services, contended that the state of the art had user groups, and employees of the Com­ the Industrial Protection Radio Service not been advanced to the point where mission, submitted the following recom­ and the Aviation Terminal Radio Serv­ operations with 25 kc/s spacing in the mendation to the Executive Committee ice. Many comments addressed them­ 450-470 Mc/s band were possible. The of LMAC. selves to these proposals. We have land mobile section of the Electronic considered these comments and find con­ Industry Association (EIA) in a detailed It is recommended that the channels in siderable merit in the concept of making study showed that the equipment then the 450-470 Mc/s band be split on a two-for- frequencies available for such uses. available could easily be adapted to a one basis, with the following changes from present specifications: However, we are presently reexamining 5 kc/s deviation, but that the currently Channel separation: 25 kc/s the allocation structure in the 450-470 required 0.0005 percent tolerances under Modulation: PM, ± 5 kc/s peak deviation Mc/s band, and therefore, the foregoing normal operating conditions could result Postlimiter audiorolloff filter: As required matter is one which will be dealt with in in excessive degradation of the system by present PCC rules, except change the the context of that reexamination in a because of drifts and impulse noise. characteristic describing the required atten­ subsequent document. EIA claimed that in order to realize the uation from 40 log (f/3) to 60 log (f/3), and 10. In view of the foregoing: It is or­ full benefit of 25 kc/s spacing in this require attenuation at all audiofrequencies dered, Effective, January 9, 1967, that band, and to avoid undesirable degrada­ above 20 kc/s to be 50 dB greater than that at 1 kc/s. Parts 89, 91, 93, and 95 of the Commis­ tion, frequency stabilities in the order Transmitter frequency tolerances: sion’s rules are amended as shown in the of 0.0002 percent were required, but that Nonmobile stations: 0.00025 percent. appendix below. Authority for the equipment with such tolerance was not Mobile stations: 0.0005 percent. amendments is contained in sections 4(i) commercially available. and 303 of the Communications Act of 4. When this proceeding was initiated, The Executive Committee of LMAC 1934, as amended. has approved these recommendations. nearly 6 years ago, the 450-470 Mc/s (Sec. 4, 48 Stat. 1066, as amended; 47 U.S.C. band was not heavily used. It is still the 6. The recommended technical stand­ 154. Interprets or applies sec. 303, 48 Stat. remaining major region of the spectrum ards for deviation, bandwidth, and chan­ 1082, as amended; 47 U.S.C. 303) allocated to the land mobile services nel spacing are the same as those pro­ where the expansion of existing services posed by the Commission. The recom­ Adopted: November 30, 1966. and new services can now be accommo­ mended tolerances for base and fixed Released: December 2, 1966. dated. Our purpose was to provide a stations and the standards for audio-roll­ off filter are not. We agree, however, F ederal Communications technical framework for the fuller utili­ Commission,* zation of this frequency spectrum. We with Working Group 8 that the stand­ ards it has recommended are required for [seal] B en F. W aple, had anticipated difficulties in the full Secretary. implementation of the proposed techni­ more reliable operations with 25. kc/s cal standards, but our proposal was look­ spacing in the 450-470 Mc/s band. Ac­ ing more towards the future and to an­ cordingly, these technical standards are hereby adopted and are incorporated in PART 89— PUBLIC SAFETY RADIO ticipated technological developments SERVICES rather than the situation then obtain­ the pertinent sections of the rules. ing. Since then, the land mobile service 7. We need now set the effective dates 1. Section 89.103(a) of the Commis­ Vi os grown considerably and its needs for by which these standards are to be met. sion’s rules is amended to read : additional frequency space is of major To insure availability of equipment, the concern to the Commission. It is clear new standards for bandwidth, tolerance, § 89.103 Frequency stability. that we must provide for the fuller utili­ and rolloff filter will not be required for (a) A' permittee or licensee in these zation of this frequency space now. The new systems until November 1, 1967. services shall maintain the carrier fre- information that has come to our atten­ Applications for new systems, and for iThe foregoing time table pertains to the tion in the last 2 years indicates clearly additional base and mobile facilities in technical standards governing equipment in that splitting the channels in the 450-470 existing systems to be operated on a fre­ the 450 to 470 Mc/s band. If efficient maxi­ Mc/s band is now feasible. Also, it is quency other than that of the existing mum utilization of that portion of the spec­ clear that equipment capable of tighter system, filed on or after November 1, trum should necessitate that existing li­ 1967, will be required to meet the new censees conform to a new reallocation of fre­ tolerances than those proposed has been quencies, the action taken herein should not developed and is commercially available. technical standards. All systems, exist­ be regarded as precluding a future require­ 5. Field tests have been conducted un­ ing or new, will be required to be oper­ ment that licensees conform to the new allo­ der developmental grants by the airline ated with deviation reduced to ±5 kc/s cation at a date earlier than that indicated for the technical standards. industry and by the Land Mobile Ad­ within 6 months after the effective date a Commissioners Bartley and Wadswortn visory Committee and have shown that of this order. However, all systems au­ absent; statement of Commissioner Johnson, adequate communications can be con­ thorized prior to November 1, 1967, will concurring in part and dissenting in par , issued as part of original document. ducted with 25 kc/s spacing in this band. have until November 1, 1971, to conform

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15579 quency of each authorized transmitter 60 log10 (f/3) decibels within the following percentage of the Authorized Frequency assigned frequency: where “f” is the audiofrequency in kc/s. Frequency band (Mc/s) bandwidth deviation At audiofrequencies above 20 kc/s, the (kc/s) (kc/s) attenuation shall be at least 50 decibels All mobile stations All fixed greater than the attenuation at 1 kc/s. 25 to 50...... 20 5 Frequency range and base Transmitters authorized in the 450-470 50 to 150...... 8 20 i 5 stations Over 3 3 watts or 150 to 450...... 20 5 watts less Mc/s band before November 1, 1967, will 450 to 470— 2 20 3 5 be required to comply with the provision 470 to 950...... 40 15 Mc/s Percent Percent of this paragraph by November 1,1971. Below 25______0.01 0.01 0.02 * Stations authorized for operation on or before Dec. 1, 25 to 50...... 002 .002 .005 1961, In the frequency band 73.0-74.6 Mc/s may continue 50 to 450— ...... 1.0005 .0005 .005 to operate with a bandwidth of 40 kc/s arid a deviation of 450 to 470— ...... 8.00025 .0005 8.0005 PART 91— INDUSTRIAL RADIO ±15 kc/s. 470 to 950-...... 0005 .0005 .005 2 Effective Nov. 1, 1967. Stations authorized before Above 950 0 SERVICES Nov. 1,1967, may continue to operate with a maximum (2) 0 of 40 kc/s bandwidth until Nov. 1,1971. 4. Section 91.102 is amended to read: 8 Effective June 1, 1967. 1 Stations authorized for operation on or before Dec. 1, 1961, in the frequency band 73.0-74.6 Mc/s may operate with a frequency tolerance of .005 percent. §91.102 Frequency stability. 6. In Section 91.105, paragraphs (f) 2 To be specified in the station authorization. See also § 89.121. (a) A permittee or licensee in theseand (g) are amended and paragraph (h) 8 Effective Nov. 1, 1967. Stations authorized before is added to read: Nov. 1,1967, may continue to operate with a ftequency services shall maintain the carrier fre­ tolerance of 0.0005 percent, or .005 percent for stations quency of each authorized transmitter -§ 91.105 Modulation requirements. with power of 3 watts or less, until Nov. 1,1971. within the following percentage of the * * * * * assigned frequency: 2. Section 89.107 paragraph (b) (2)is (f) Each transmitter which is operated amended to read : on a frequency in the range 450 to 470 Transmitter (input) power Mc/s and which is provided with a modu­ § 89.107 Emission limitations. lation limiter in accordance with the pro­ Frequency Fixed and base Mobile stations visions of paragraph (c) of this section (b) * * * range stations shall also be equipped with an audio (2) For all F3 emission, the maximum low-pass filter in accordance with the Over 300 300 watts Over 3 3 watts provisions of paragraph (g) or (h) of authorized bandwidth and maximum au­ watts thorized frequency deviation shall be as or less watts or less this section. follows: (g) Except as provided in paragraph Mc/s Percent Percent Percent (h) of this section, the audio low-pass Below 25...... 0.005 0.01 0.01 0.02 25 to 50...... 002 .002 .002 .005 filter required by the provisions of the Authorized Frequency 50 to 450____ 8.0005 .0005 .0005 .005 Frequency band (Mc/s) bandwidth deviation 450 to 470___ 2. 00025 preceding paragraphs of this section (kc/s) 2.00025 .0005 2.0005 (kc/s) 470 to 950___ .0005 .0005 .0005 .005 shall be installed between the modulation Above 950__ 0 0 (?) 0 limiter and the modulated stage and, 25 to 50...... 20 5 at audiofrequencies between 3 kc/s and 50 to 150...... 8 20 l 5 150 to 450-...... 20 1 Stations authorized for operation on or before Dec. 1, 15 kc/s, shall have an attenuation greater 450 to 470—...... 2 20 1961, in the frequency band 73.0-74.6 Mc/s may operate than the attenuation at 1 kc/s by at 470 to 950...... with a frequency tolerance of .005 percent. 40 15 2 Effective Nov. 1, 1967, Stations authorized before least: Nov. 1, 1967, may continue to operate with a frequency 40 log^ (f/3) decibels i Stations authorized for operation on or before Dec 1 tolerance of .0005 percent, or .005 percent for mobile 1961, in the frequency band 73.0-74.6 Mc/s may continue stations with 3 watts or less power, until Nov. 1,1971. where “f” is the audiofrequency in kc/s. to operate with a bandwidth of 40 kc/s and a deviation of 8 For microwave fixed equipment, see 5 91.111. For ± 15 kc/s. other equipment, tolerances will be specified in the sta­ At audiofrequencies above 15 kc/s the 8 Effective Nov. 1, 1967. Station authorized before tion authorization. attenuation shall be at least 28 decibels V1’ ,1967, may continue to operate with a m a iim n m greater than the attenuation at 1 kc/s. of 40 kc/s bandwidth until Nov. 1,1971 (b) For the purpose of determining the 8 Effective June 1,1967. (h) For stations authorized in the frequency tolerance applicable to a par­ 450-470 Mc/s band on or after November ticular transmitter in accordance with 1,1967, the audio low-pass filter required 3. In § 89.109 paragraph (h)is the foregoing provisions of this section, by the provisions of the preceding para­ amended and paragraph (i) added: the power of a transmitter shall be the maximum rated plate power input to its graphs of this section shall be installed § 89.109 Modulation requirements. between the modulation limiter and the final radio frequency stage, as specified modulated stage and, at audiofrequen­ by the manufacturer. cies between 3 kc/s and 20 kc/s, shall (h) Except as provided in paragraph 5. Section 91.104(b) is amended tohave an attenuation greater than the (i) of this section, at audiofrequencies read: attenuation at 1 kc/s by at least: between 3 kc/s and 15 kc/s, the low-pass filter required by the provisions of para­ §91.104 Emission limitations. 60 log 10 (f/3) decibels graph (d) of this section shall have an ***** where “f” is the audiofrequency in kc/s. attenuation greater than the attenuation (b) The maximum authorized band­At audiofrequencies above 20 kc/s the at 1 kc/s by at least: attenuation shall be at least 50 decibels width of emission corresponding to the greater than the attenuation at 1 kc/s. 401°gio (f/3) decibels types of emission specified in § 91.103(a) Stations authorized before November where **f” is the audiofrequency in kc/s. and the maximum authorized frequency 1, 1967, will be required to comply with At audiofrequencies above 15 kc/s, the deviation in the case of frequency or the provisions of this paragraph by attenuation shall be at least 28 decibels phase modulated emission, shall be as November 1,1971. greater than the attenuation at 1 kc/s. follows: J p Por stations authorized in the 450- (1) For all type A3 emission, the maxi­ PART 93— LAND TRANSPORTATION ioc ^ C//s band on or after November 1, mum authorized bandwidth shall be 8 RADIO SERVICES 1967, at audiofrequencies between 3 kc/s kc/s. k11 * kC//s> the low-pass filter required 7. Section 93.102 is amended to read: *i.provisions of Par»graphs (d) and (2) For all F3 emission, the maximum §93.102 Frequency stability. u) of this section shall have an attenua­ authorized bandwidth and m aximum au­ tion greater than the attenuation at 1 thorized frequency deviation shall be as (a) A permittee or licensee in these fcc/s by at least: services shall maintain the carrier fre­ follows: quency of each authorized transmitter

No. 239----- 3 FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15580 RULES AND REGULATIONS the provisions of paragraph (g) or (h) 465.00 Mc/s (see § 95.41(b)), the maxi­ within the following percentage of the mum authorized bandwidth of the emis­ assigned frequency: of this section. (g) Except as provided in paragraph sion of any station employing amplitude (h) of this section, the audio low-pass modulation (Type A2 or A3 emission) All mobile stations filter required by the provisions of the shall be 8 kc/s and the maximum au­ Frequency range and base preceding paragraphs of this section thorized bandwidth of the emission of stations Over 3 3 watts or watts less shall be installed between the modula­ any station employing frequency or tion limiter and the modulated stage phase modulation (Type F2 or F3 emis­ sion) shall be 40 kc/s. The use of Type Mc/s Percent Percent Percent and, at audiofrequencies between 3 kc/s 0.01 0.01 0.02 and 15 kc/s, shall have an attenuation F2 or F3 emission in the frequency band 25 to 5 0 ...... - .002 .002 .005 greater than the attenuation at 1 kc/s 26.96-27.28 Mc/s is not authorized. 1.0005 .0005 . 005 (2) Effective November 1, 1967, the 450 to 470 ...... 2.00025 .0005 2.0005 by at least: 470 to 950 ______.0005 .0005 .005 mayimnm authorized bandwidth of Class 0 (*) (8) 40 log10 (f/3) decibels A stations employing frequency or phase where “f” is the audiofrequency in kc/s. modulation (Type F2 or F3 emission) J Stations authorized for operation on or before Dec. 1, At audiofrequencies above 15 kc/s the will be 20 kc/s. Class A stations au­ 1961, in the frequency band 73.0-74.6 Mc/s may operate with a frequency tolerance of .006 percent. attenuation shall be a t least 28 decibels thorized before November 1, 1967, may i Effective Nov. 1, 1967. Stations authorized before greater than the attenuation at 1 kc/s. continue to operate with maximum 40 Nov 1 1967, may continue to operate with a frequency tolerance of .0005 percent, or .005 percent for stations of (h) For stations authorized in the kc/s bandwidth until November 1, 1971. 3 watts or less, until Nov. 1,1971. 450-470 Mc/s band on or after Novem­ * * * * * * As specified in §93.111. ber 1, 1967, the audio low-pass filter re­ 12. In § 95.51 the headnote and para­ (b) For the purpose of determiningquired by the provisions of the preceding graph (b) are amended and paragraphs the frequency tolerance applicable to a paragraphs of this section shall be in­ .(c),'(d), and (e) are'added to read: particular transmitter in accordance stalled between the modulation limiter with the foregoing provisions of this sec­ and the modulated stage and, at audio­ § 95.51 Modulation requirements. tion, the power of a transmitter shall be frequencies between 3 kc/s and 20 kc/s ***** the maximum rated plate power input shall have an attenuation greater than (b) Except as provided in paragraph to its final radio frequency stage, as spec­ the attenuation at 1 kc/s by at least: (c) of this section and except in the ified by the manufacturer. 60 log10 (f/3) decibels case of Class B citizens radio stations 8. Section 93.104(b) is amended to operating only on the frequency 465.00 where “f” is the audiofrequency in kc/s. Mc/s (see § 95.41(b)), the frequency de­ read: At audiofrequencies above 20 kc/s the viation of any frequency modulated § 93.104 Emission limitations.. attenuation shall be at least 50 decibels transmitter operated in this service shall * * * * * greater than the attenuation at 1 kc/s. not exceed ±15 kc/s and the simultane- (b) The maximum authorized band­Stations authorized in the 450-470 Mc/s out amplitude modulation and frequency width of emission corresponding to the bands before November 1, 1967, will be or phase modulation of a transmitter is types of emission specified in § 93.103(a), required to comply with the provisions of not authorized. and the maximum authorized frequency this paragraph by November 1, 1971. (c) Effective June 1, 1967, the maxi­ deviation in the case of frequency or mum frequency deviation for all class A stations employing F2 or F3 emission phase modulated emission, shall be as PART 95— CITIZENS RADIO SERVICES follows: will be ±5 kc/s. (1) For all type A3 emission, the 10. Section 95.45 is amended to read: (d) Class A stations authorized on or after November 1,1967, shall be provided maximum authorized bandwidth shall § 95.45 Frequency tolerance. be 8 kc/s with a device which automatically will (2) For all F3 emission, the maximum The carrier frequency of a station in prevent modulation in excess of that authorized bandwidth and maximum au­ this service shall be maintained within specified in this subpart which may be thorized frequency deviation shall be as the following percentage of the au­ caused by greater than normal audio thorized frequency: level. Class A stations authorized be­ follows: fore November 1, 1967, will be required to comply with the provisions of this Authorized Frequency Frequency Frequency band bandwidth deviation tolerance paragraph by November 1, 1971: Pro­ (lc/s) (kc/s) Class of Maximum authorized vided, however, That the requirements station power input Fixed and of this paragraph shall not apply to Mc/s base Mobile transmitters authorized to operate as 20 5 i 20 »5 mobile stations with a maximum plate 20 5 10.00025 10.0005 power input to the final radio frequency 2 20 3 5 1.00025 1.0005 stage of 3 watts or less. 470 to 950 ...... 40 15 B .5 B .3 (e) Each transmitter of a Class A sta­ o .005 1 stations authorized for operation on or before Dec. 1, Over 5 watte (27.255 Mc/s .005 tion which is equipped with a modula­ 1961, in the frequency band 73,0-74.6 Mc/s may continue only). tion limiter in accordance with the pro­ to operate with a bandwidth of 40 kc/s and a deviation of D .005 visions of paragraph (d) of this section i l 5 kc/s * Effective Nov. 1, 1967. Stations authorized before shall also be equipped with an audio low- Nov. 1, 1967, may continue to operate with a maximum i Effective Nov. 1, 1967. Stations authorized before pass filter. This audio low-pass filter of 40 kc/s bandwith until Nov. 1,1971. Nov 1 1967, may continue to operate with tolerance of shall be installed between the modula­ 2 Effective June 1,1967. 0.001 percent, or .005 for stations, with 3 watts or less power until Nov. 1,1971...... tion limiter and the modulated stage » Class C stations operating on authorized frequencies * * * * * between 26.99 and 27.26 Mc/s with 3 watts or less power and, at audio frequencies between 3 kc/s 9. In § 93.105, paragraphs (f) and (g) input which are used solely for the control of remote and 20 kc/s, shall have an attenuation objects or devices by radio (other than devices used are amended and paragraph (h) is added solely as a means of attracting attention) are permitted greater than the attenuation at 1 kc/s to read: a frequency tolerance of 0.01 percent. by at least: § 93.105 Modulation requirements. 11. Section 95.49(c) is amended to 60 log10 (f/3) decibels ***** read: (f) Each transmitter which is oper­ where “f” is the audiofrequency in kc/s. § 95.49 Emission limitations. At audio frequencies above 20 kc/s, the ated on a frequency in the range 450 to ***** 470 Mc/s and which is provided with a attenuation shall be at least 50 decibels modulation limiter in accordance with (c)(1) Except as provided in subpara­ greater than the attenuation at 1 kc/s. the provisions of paragraph (c) of this graph (2) of this paragraph and except in the case of Class B citizens radio sta­ [F.R. Doc. 66-13206; Filed, Dec. 9, 1966; section shall also be equipped with an 8:45 a.m .] audio low-pass filter, in accordance with tions operating only on the frequency

fEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15581 (e) Expiration date. The provisions 33, and are effective through March 26, Title 49— TRANSPORTATION of this order shall expire at 11:59 p.m., 1967. March 31, 1967, unless otherwise modi­ Homer L. B radley, Chapter I-—Interstate Commerce fied, changed, or suspended by order of Commission Refuge Manager, Lake llo Na­ this Commission. tional Wildlife Refuge, Dunn SUBCHAPTER A— GENERAL RULES AND (Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, Center, N. Dak. REGULATIONS 384, as amended: 49 UJS.C. 1, 12, 15, and D ecember 5, 1966.. [S.O. No. 989] ‘ 17(2). Interprets or applies jsec. 1(10-17), 15(4), and 17(2), 40 Stat. 101, as amended, [F.R. Doc. 66-13269; Filed, Dec. 9, 1966; PART 95— CAR SERVICE 54 Stat. 911; 49 U.S.C. 1(10-17), 15(4), and 8:45 a.m.] 17(2)) Illinois Central Railroad Co. Author­ It is further ordered, That copies of ized To Operate Over Trackage in this order and direction shall be served Jefferson County, III. upon the Association of American Rail­ Title 7— AGRICULTURE At a session of the Interstate Com­ roads, Car Service Division, as agent of Chapter VIII— Agricultural Stabiliza­ merce Commission, Railroad Safety and the railroads subscribing to the car serv­ tion and Conservation Service ice and per diem agreement under the Service Board, held in Washington, D.C., (Sugar), Department of Agriculture on the 7th day of December A.D. 1966. terms of that agreement; and that no­ It appearing, that the Illinois Central tice of this order shall be given to the SUBCHAPTER B— SUGAR REQUIREMENTS AND Railroad Co. has filed an application with general public by depositing a copy in QUOTAS the Commission, Finance Docket No. the Office of the Secretary of the Com­ PART 811— CONTINENTAL SUGAR 24392, for a certificate of'public conven­ mission at Washington, D.C., and by ience and necessity authorizing the oper­ filing it with the Director, Office of the REQUIREMENTS AND AREA QUOTAS ation over approximately 3 x/2 miles of Federal Register. Requirements and Quotas for 1967 track beginning at the point of switch By the Commission, Railroad Safety Basis and purpose and bases and con­ where it connects with the present Orient and Service Board. Mine No. 3 lead track of the Illinois Cen­ siderations. This regulation is issued tral Railroad Company, near Waltonville, [seal] H. N eil Garson, pursuant to the authority vested in the 111., and extending southward 3Y2 miles Secretary. Secretary of Agriculture by the Sugar to a coal mine now being constructed by [F.R. Doc. 66-13344; Filed, Dec. 9, 1966; Act of 1948, as amended (61 Stat. 922, the Inland Steel Corp., all in Jefferson 8:49 a.m.] as amended), hereinafter referred to as County, 111., and which track is the ohly the “Act”. The purpose of Sugar Reg­ source of rail service to the aforemen­ ulation 811 is to determine pursuant to tioned mine. section 201 of the Act the amount of The Commission is of the opinion that Title 50— WILDLIFE AND sugar needed to meet the requirements there is need for service over this line of of consumers in the continental United railroad pending decision in Finance FISHERIES States for the calendar year 1967, and Docket No. 24392 and that operation of to establish sugar quotas for the supply­ this line will best promote the service in Chapter I— Bureau of Sport Fisheries ing areas in terms of short tons of sugar, the interest of the public and the com­ and Wildlife, Fish and Wildlife raw value, equal to the amount deter­ merce of the people. Accordingly, the Service, Department of the Interior mined by the Secretary of Agriculture Commission finds that notice and public to be needed in 1967. Further, this regu­ PART 33— SPORT FISHING lation establishes quantities of certain procedure are impracticable and con­ quotas that may be filled by direct- trary to the public interest, and that Lake llo National Wildlife Refuge, good cause exists for making this order consumption sugar and establishes a effective upon less than thirty days’ N. Dak. liquid sugar quota. notice. The following special regulation is In accordance with the rule making It is ordered, That: issued and is effective on date of pub­ requirements in 5 U.S.C. 553 there was Federal Register (31 lication in the F ederal R egister. published in the § 95.989 Service Order No. 989. F.R. 14745) a notice of proposed rule (a) Illinois Central Railroad Co. au­ § 33.5 Speciàl regulations; sport fish­ making for the issuance of a regulation thorised to operate over trackage in Jef­ ing; for individual wildlife refuge determining sugar requirements for the areas. continental United States and establish­ ferson County, III. The Illinois Central N orth D akota Railroad Co. be, and is hereby authorized ing quotas for the calendar year 1967. to operate and perform service over ap­ LAKE ILO NATIONAL WILDLIFE REFUGE Written data, views, or arguments for proximately 3 y2 miles of track beginning consideration in connection with the pro­ Sport fishing on the Lake Ho National posed regulation were to be submitted by at the point of switch where it connects Wildlife Refuge, Dunn Center, N. Dak., with the present Orient Mine No. 3 lead interested persons prior to December 5, is permitted only on the area designated 1966. All data, views, and comments re­ track of the Illinois Central Railroad Co. by signs as open to fishing. This open near Waltonville, HI., and extending ceived relative to the proposed regula­ area comprising 1,300 acres is delineated tion were thoroughly considered. southward a distance of 3V2 miles, to a on maps available at refuge headquar­ coal mine now being constructed by the ters and from the office of the Regional Section 201 of the Act directs the Sec­ Inland Steel Corp., all in Jefferson Coun­ retary to determine for each calendar ty, m., pending final disposition of the Director, Bureau of Sport Fisheries and year the amount of sugar needed to meet application filed under section 1 (181 to Wildlife, 1006 West Lake Street, Min­ the requirements of consumers in the (20), Finance Docket No. 24392. neapolis, Minn. 55408. Sport fishing continental United States and to revise (b) Application. The provisions of shall be in accordance with applicable such determination during the calendar this order shall apply to intrastate and State regulations subject to the follow­ year whenever he deems it necessary. foreign traffic as well as to interstate The section sets forth criteria to guide traffic. ing special conditions: the Secretary in his determination and (O Rules and regulations suspended. (1) The open season for Sport Fishingstates that such determination shall be The operation of all rules and regula­ on the refuge extends from December 15, made so as to protect the welfare of con­ tions insofar as they conflict with the 1966 through March 26, 1967, daylight sumers and of those engaged in the do­ provisions of this order is hereby sus­ hours only. mestic sugar industry by providing such pended. The provisions of this special regula­ supply of sugar as will be consumed at (d> Effective date. This order shall prices which will not be excessive to con­ tion supplement the regulations which sumers and which will fairly and equi­ become effective at 12:01 a.m., December govern fishing on wildlife refuge areas tably maintain and protect the welfare of 12, 1966. generally are set forth in Title 50, Part the domestic sugar industry.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15582 RULES AND REGULATIONS To give recognition to the seasonality Distribution of refined sugar for con­ are based on the assumption that each country will fill its 1966 quota within a of production and movement of sugar sumption in the United States amounted from the foreign countries, allocations to approximately 10,350,000 short tons, reasonable tolerance, except for the Re­ public of the Philippines, Nicaragua, during the first quarter and first half of raw value, during the 12-month period 1967 will primarily be based on their which ended September 30, 1966. This Panama, and Bolivia. A finding has been made by the Secretary of Agricul­ average imports during those periods was 370,000 tons more than in the previ­ during 1963, 1964, 1965, and 1966. ous 12-month period, or between two and ture that the failure of the Republic of three times the usual year-to-year mar­ the Philippines, Nicaragua, and Panama Sec. ket growth. The unusually hot summer to fill their respective 1966 quotas was 811.50 Sugar requirements, 1967. determined to have resulted from crop 811.51 Quotas for domestic areas. and the rising trend of consumer pur­ 811.52 [Reserved] chasing power almost surely had a favor­ disaster or other force majeure. Bolivia 811.53 Quotas for foreign countries. able impact on sugar consumption. has notified the Secretary that it will 811.54 Applicability of quotas. However, it is also likely that inventories have a small shortfall (approximately 811.55 Restrictions on importations and in the hands of merchants and users in­ 958 tons) in its 1966 quota and that evi­ marketings within quotas. creased somewhat, in which case actual dence would be furnished to support a Au t h o r it y : §§811.50 to 811.55 issued un­ consumption may more nearly have been claim of force majeure. The quota der sec. 403, 61 Stat. 932; 7 TJ.S.C. 1153; In­ of the order of 10,250,000 tons. shown for Bolivia in the table in § 811.53 terprets Or applies to secs. 201, 202, 208, 209, Demand conditions, other than (c) is subject to reduction effective Jan­ 210; 61 Stat. 923, as amended, 924, as amend­ weather, are expected to be as favorable uary 1, 1967 under the provisions of sec­ ed, 925 as amended, 927, as amended, and in 1967 as during the base period. A tion 202(d) (4) of the Act unless evidence 928, as amended; 7 U.S.C. 1111, 1112, 1117, repetition of weather as conducive to is furnished without delay to the Secre­ 1118, and 1119. ‘ sugar consumption as that in the base tary on the basis of which he finds that §811.50 Sugar requirements, 1967. period, while possible is not probable. the failure to fill the quota for Bolivia The amount of sugar needed to meet Assuming normal weather and after for 1966 was due to crop disaster or other the requirements of consumers in the allowance for the increase in population, force majeure. Honduras notified the continental United States for the calen­ consumption of sugar during the calen­ Secretary prior to December 31, 1965 of dar year 1967 would amount to about its inability to export any sugar to the dar year 1967 is hereby determined to be 10,325,000 tons in accordance with long United States during 1967, therefore, 10,200,000 short tons, raw value. term experience or to about 10,375,000 pursuant to section 202(d) (6) and sec­ § 811.51 Quotas for domestic areas. tons based on the more recent experience. tion 204(a) of the Act the quota which (a) For the calendar year 1967 do­ Users may elect to carry inventories at otherwise would be allocated to Hon­ mestic area quotas limiting the quanti­ the higher level of September 30, 1966, duras is prorated to other Central Amer­ ties of sugar which may be brought into increase them further, or they may re­ ican Common Market Countries. The or marketed for consumption in the con­ duce them more than seasonally during quota which otherwise irould be allo­ tinental United States are established, the last quarter of 1966 or carry out a cated to Southern Rhodesia has been pursuant to section 202(a) of the Act, reduction during calendar year 1967. shown as reserved for possible disposi­ in Column (1) and the amounts of such Any change during the last quarter of tion by the President pursuant to section quotas for offshore areas that may be this year would have the opposite effect 202(d) (1) (B) of the Act. filled by direct-consumption sugar are upon the inventories of refiners. Aside In view of the wide differential be­ established, pursuant to section 207 of from this factor, it presently appears tween the price of domestic raw sugar the Act, in Column (2) as follows: that quota stocks held by refiners and and the world price, there would be a importers may be larger at the end of strong tendency for an excessive quan­ Direct- 1966 than at the beginning. The level tity of foreign sugar to be shipped to this Quotas consump­ of quota sugar inventories in all hands country early in 1967. This would likely ' Area tion limits at the end of 1967 cannot be foreseen at preclude the meeting of the objectives of (1) (2) present. the Act. Accordingly, it is necessary Sugar requirements for the year 1967 that provision be made for quantitative (Short tons raw value) will amount to actual consumption plus limitations on the total importation of 3.025.000 no limit a refining loss of about 50,000 tons as raw sugar from foreign countries for the 1.100.000 no limit modified by any change which users, re­ first and second quarters of the year. 1,240,392 34,884 1,140,000 153,000 finers, and importers decide to make in The limitation for the first half of the 0 their sugar inventories during the year. year is established at 1,900,000 tons of 15,000 Based on the current rather high level which 900,000 tons may be imported dur­ of initial inventories, a reduction during ing the first quarter. During the last (b) Of the quantity established in the year appears more likely than an 4 years, importations of foreign sugar paragraph (a) of this section for Puerto increase. during the first half of the year have Rico which may be filled by direct- The domestic price of raw sugar was averaged about 1,725,000 tons with about consumption sugar, 126,033 short tons, generally stable during the first 10 690.000 tons being imported during the raw value, may be filled only by sugar months of 1966 although trending mod­ first quarter. The first quarter and first principally of crystalline structure. erately upward. The average for the half importations permitted herein are § 811.52 '' [Reserved] period was 6.97 cents per pound. In the 150.000 tons higher than in the proposed development of this determination, con­ determination. The current Louisiana §811.53 Quotas for foreign countries. sideration has been given to the desir­ crop was subjected to freeze on Novem­ (a) The quotas or prorations for for­ ability of attaining generally stable ber 3, 1966. Although harvesting condi­ eign countries limiting the quantities of sugar prices that will carry out over the tions since then have been relatively sugar which may be imported into the long term, the price objectives set forth favorable, it is now clear that produc­ continental United States during the in section 201 of the Act. tion of sugar from the crop has been calendar year 1967 for consumption In recognition of possible inventory adversely affected. Accordingly, the therein and the amounts of such Quotas variations during 1967 of quota sugar in amount of Louisiana raw sugar available and prorations that may be filled by the hands of refiners, importers, and for marketing to refiners in early 1967 direct-consumption sugar are hereby users, the amount of sugar needed to will be less than originally estimated. It established as set forth in the following also appears doubtful whether several paragraphs (b), (c), (d), and (e) of this meet the requirements of consumers in section. .. the continental United States is herein cargoes of 1966 quota sugar afloat will (b) For the calendar year 1967 tne determined at 10,200,000 tons or about arrive in time for importation before quota for the Republic of the Philippines 150,000 tons less than the probable level January 1, 1967. If one or more do not is 1,104,300 short tons, raw value, ana of anticipated consumption. arrive, initial quota stocks will be re­ the quantity of such quota that may be The quotas for foreign countries estab­ duced and early 1967 requirements in­ filled by direct-consumption sugar is lished in the regulations issued herewith creased accordingly. 59,920 short tons, raw value.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15583 (c) For the calendar year 1967, the pines pursuant to subparagraphs (3) and imported during the second quarter is prorations or allocations to individual (4) of this paragraph be supplemented less than the quantity needed to approve foreign countries other than the Repub­ by certification from the Sugar Quota all applications for importation in the lic of the Philippines pursuant to section Administrator for the Government of the second quarter, the quantity of sugar 202(c) (3) and (4) and section 202(d) Philippines granting the applicant the which may be imported during the sec­ of the Act are as follows: permission to export sugar to the U.S. ond quarter shall be prorated among market. countries on the basis of first half im­ Tempo- (ii) Applications for the importation portations from countries as set forth in rar y Total Basic quotas quotas of sugar during the first quarter received subparagraph (5) of this paragraph. Production Area quotas and pro- and on or before 10 days after the effective (iii) Second priority shall be given to rations prora- date of this order will be considered as pursuant tions countries by making an initial allocation to sec. having been received at the same time. under this priority to countries in order 202(d) Applications for the importation of of size of quota, smallest first, limiting sugar during the second quarter received such initial allocation to any country to (Short tons, raw value) on or before January 13, 1967, will be the smaller of 10,000 short tons, raw Mexico______198,667 203,843 402, 500 considered as having been received at the value, or the quantity which would per­ Dominican Republic.. 194.289 199, 359 393.648 same time. mit the country to import in total during Brazil______194.289 199, 359 393.648 (3) (i) Allocations of first quarter Peru______154,968 159,014 313,982 the first half up to- 50 percent of the British West Indies.... 77,612 72,229 149,841 importations among countries will be country’s annual quota. Additional al­ Ecuador______28,270 29,007 57,277 made in the following manner within locations under this priority shall be French West Indies__ 24,415 22,721 47,136 Argentina______23,900 24,525 48,425 the limits of applications received. made to those countries receiving an Costa R ica..______22.873 24.824 47.697 (ii) First priority shall be given to initial allocation under this priority of Nicaragua______22.873 24.824 47.697 Colombia______.___ 20,560 21,096 41,656 countries from which sugar was imported 10,000 short tons, raw value, which ad­ Guatemala.______19,274 20,919 40,193 during the first quarter of 1963, 1964, ditional allocation to any such country Panama______14,392 14,767 29,159 El Salvado______.... 14,135 15,341 29,476 1965, or 1966 but not to exceed the aver­ shall be so limited that the total alloca­ Haiti____ I______10, 794 11,076 21,870 age of the country’s first quarter impor­ tion under subparagraphs (3) and (4) of Venezuela______9,766 10,020 19,786 tations as set forth in subparagraph (5) this paragraph during the first half for British Honduras_____ 6,654 5,262 10,916 Bolivia______.....__ 2,313 2,374 «4,687 of this paragraph. such country as a percentage of its an­ Honduras______0 0 0 (iii) Second priority shall be given to nual quota will not exceed the percentage Australia______92,518 86,100 178,618 Republic of China____ 38,549 36,875 74,424 countries by making an initial allocation similiarly calculated for any other such India______37,007 34,440 71,447 under this priority to countries in order country; and shall be further limited so South Africa______27,242 25,362 52,594 Fiji Islands______20,303 18,894 39,197 of size of quota, smallest first, limiting that the total quantity which such coun­ Thailand.. ___^ 8.481 7.893 16.374 such initial allocation to any country to try may import during the first half shall Mauritius.______8.481 7.893 16.374 the smaller of 10,000 short tons, raw Malagasy Republic___ 4,369 4,066 8,435 not exceed 50 percent of the country’s Swaziland______3.341 3.109 6,450 value., or the quantity which would per­ annual quota. Reserved______3.341 3.109 a6 ,450 Ireland______mit the country to import in total dur­ (iv) Any quantity not prorated under 5,351 5,351 ing the first quarter up to 20 percent of subdivisions (ii) and (iii) of this sub- the country’s annual quota. Additional paragraph shall be prorated among Total. 1,288,017 1,287, 291 2,575,308 allocations under this priority shall be countries having priority under subdivi­ made to those countries receiving an sion (ii) of this subparagraph that re­ Note : The above quotas for 1967 contain adjustments pursuant to section 202(d)(6) of initial allocation under this priority of ceived allocations less than the full the Act on the basis of information that has 10,000 short tons, raw value, which ad­ amount applied for, and such proration become part of the official records of the De­ partment prior to December 2, 1966. ditional allocation to any such country shall be made on the basis of the average 1 The quota for Bolivia is subject to reduction shall be so limited that the total allo­ imports of sugar from the countries dur­ under section 202(d) (4) of the Act as set forth ing the first half as set forth in subpara­ in the bases and considerations. cation under priorities in subdivisions a This quantity which otherwise would be (ii) and (iii) of this subparagraph dur­ graph (5) of this paragraph. allocated to Southern Rhodesia has been re­ ing the first quarter for such country as (5) Average importations into the served for possible disposition pursuant to section 202(d) (1) (B) of the Act. a percentage of its annual quota will not continental United States within quotas, exceed the percentage similarly calcu­ during the first quarter and first half of (d)(1) Of the total quotas and pro­ lated for any other such country and the years 1963, 1964, 1965, and 1966 are rations for foreign countries established shall be further limited so that the total as follows: in paragraphs (b) and (c) of this section, quantity which such country may import only 1,900,000 short tons, raw value, of during the first quarter shall not exceed Country First First raw sugar may be authorized for impor­ 20 percent of the country’s annual quota. quarter half tation from all such foreign countries in (iv) Any quantity not prorated under accordance with Part 817 of this chapter subdivisions (ii) and (iii) of this sub- (Short tons raw value) during the first 6 months of 1967, and paragraph shall be prorated among Philippines...... 215,462 513,679 of such 1,900,000 short tons, raw value, countries having priority under subdivi­ Mexico______114,906 299,208 900,000 short tons, raw value, may be sion (ii) of this subparagraph that re­ Dominican Republic_____ 83,745 254,136 Brazil_____ ... 72,721 100,773 authorized for importation during the ceived allocations less than the full Peru______68,402 118,886 first quarter of the year. amount applied for, and such additional British West In d ie s._____ 17,825 73,254 Ecuador______8,908 13,762 (2) (i) The importation of raw sugar proration shall be made on the basis of French West Indies___ 6,696 38,702 within the above specified quarterly limi­ the average imports of sugar from the Argentina______7,158 28,607 tations will be authorized on the basis Costa Rica______6,374 24,900 countries during the first quarter as set Nicaragua______6,181 20,292 of applications for “Set Aside of Quota” forth in subparagraph (5) of this para­ Colombia.. .. 1,868 13,227 on Form SU-8A or “Sugar Quota graph. Guatemala______14,049 Panama______4,136 Clearance” on Form SU-3 in accordance (4) (i) Allocations of second quarter El Salvador___ l______5,224 13,319 with the provisions of Part 817 of this importations among countries will be Haiti______8,086 Venezuela______34 3,722 chapter subject to the priorities for made in the following manner within the British Honduras___ 0 1,304 countries as provided in subparagraph limits of applications received. Bolivia______0 0 Honduras______0 0 (3) of this paragraph for first quarter (ii) First priority shall be given to Australia______10, 670 10,670 importations and in subparagraph (4) of countries from which sugar was import­ Republic of China...... 6,976 69,719 this paragraph for second quarter im­ India______5,875 ed during the first half of 1963, 1964, South Africa______24,450 24,450 portations and limitations as provided in 1965, and 1966 but not to permit importa­ Fiji Islands______390 390 subdivision (ii) of this subparagraph. Thailand______0 0 tion of sugar during the first half to ex­ Mauritius______0 0 Applications to import raw sugar from ceed the average of such country’s im­ Malagasv Republic__ 0 0 Swaziland____ _. 1,585 1,585 the Republic of the Philippines must, be­ portations as set forth in subparagraph Southern Rhodesia...... 0 0 fore final approval within the quantity (5) of this paragraph: Provided, That Total______690,621 1,727,024 reserved for the Republic of the Philip­ if the quantity of sugar which may be

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15584 RULES AND REGULATIONS quotas for the continental United States are currently regulated pursuant to (6) The remaining portion of a single Orange Regulation 55 (31 F.R. 15189) shipment of raw sugar, of which a por­ for the calendar year 1967. The regula­ tions determining 1967 sugar require­ and, unless sooner terminated, will con­ tion is authorized for importation pur­ tinue to be so regulated until August 1, suant to § 817.6 as the final quantity to ments and quotas apply not only to sugar imported or marketed beginning 1967, determinations as to the need for, fill the applicable quarterly limitation, and extent of, regulation of Florida Mur­ but not to exceed the smaller of 10 per­ January 1, 1967, but also to any sugar imported prior thereto for refining, stor­ cott Honey orange shipments must await cent of the applicable quarterly limita­ the development of the crop and the tion or 5,000 short tons, raw value, may age, and subsequent release within 1967 quotas as may be provided for by regu­ availability of information on the de­ be authorized for release for importation mand for such fruit; the recommenda­ by or delivery to a refiner who is a prin­ lation. Accordingly, it is hereby found to be impracticable and not in the pub­ tions and supporting information for cipal on a bond accepted pursuant to regulation of Murcott Honey orange § 817.9 under which the principal is obli­ lic interest to comply with the 30-day effective date requirements in 5 U.S.C. shipments subsequent to December 12, gated to hold the sugar so imported or an 1966, and in the manner herein provided, equivalent quantity at the refinery at 553. The aspects of § 811.53 relating to the submission and approval or accep­ were promptly submitted to the Depart­ which such sugar was received until ment after an assembled meeting of the release within the applicable limitation tance of applications shall be effective when filed with the F ederal R egister Growers Administrative Committee on or quota is authorized by the Secretary. December 6,1966, held to consider recom­ (e) For the calendar year 1967, the and all other provisions of this regula­ tion shall become effective January 1, mendations for regulation; the provi­ quantity of each proration established in sions of this amendment are identical paragraph (c) of this section that may be 1967. with the aforesaid recommendations of filled by direct-consumption sugar pur­ Signed at Washington, D.C., this 7th the committee, and information concern­ suant to section 207(e) of the Act is day of December 1966. ing such provisions has been dissemi­ as follows: Short tons, J ohn A. S chnittker, nated among handlers of Florida Murcott Country raw value Acting Secretary. Honey oranges; it is necessary, in order Ireland ______5,351 [F.R. Doc. 66-13304; Filed, Dec. 9, 1966; to effectuate the declared policy of the Panam a______3, 817 8:48 a.m.] act, to make this amendment effective as hereinafter set forth; and compliance (f) For the calendar year 1967 the with this amendment will not require any quota for liquid sugar for foreign coun­ special preparation on the part of the tries as a group is 2 million gallons of Chapter IX— Consumer and Market­ ing Service (Marketing Agreements persons subject thereto which cannot be sirup of cane juice of the type of Bar­ completed by the effective time hereof. bados molasses, limited to liquid sugar and Orders; Fruits, Vegetables, Order. The provisions of paragraph containing soluble non-sugar solids (ex­ Nuts), Department of Agriculture (a) (2) in § 905.490 (Orange Regulation cluding any foreign substance that may [Orange Reg. 55, Amdt. 1] 55; 31 F.R. 15189) are hereby amended have been added or developed in the by amending the introductory text and product) of more than 5 percent of the PART 905— ORANGES, GRAPEFRUIT, adding subdivisions (v) and (vi), as total soluble solids, which is not to be TANGERINES, AND TANGELOS used as a component of any direct- follows: consumption sugar but is to be used GROWN IN FLORIDA § 905.490 Orange Regulation 55. as molasses without substantial modifi­ - Limitation of Shipments (a) Order. (1) * * * cation of its characteristics after im­ Findings. (1) Pursuant to the mar­ (2) During the period beginning at portation. keting agreement, as amended, and 12:01 a.m. e.s.t., December 12, 1966, and § 811.54 Applicability of quotas. Order No. 905, as amended (7 CFR Part ending at 12:01 a.m., e.s.t., December 22, 905, 31 F.R. 15059), regulating the han­ 1966, and beginning at 12:01 a.m., e.s.t., (a) All sugar and liquid sugar mar­ December 29, 1966, and ending at 12:01 keted or imported into the continental dling of oranges, grapefruit, tangerines, and tángelos grown in Florida, effective a.m., e.s.t., August 1, 1967, no handler United States is subject to the provi­ shall ship between the production area sions of Part 816 or Part 817 of this under the applicable provisions of the Agricultural Marketing Agreement Act and any point outside thereof in the con­ chapter which prescribe the time, man­ tinental United States, Canada, or ner and conditions under which quotas of 1937, as amended (7 U.S.C. 601-674), and prorations are filled by the market­ and upon the basis of the recommenda­ Mexico : ing and importation of sugar or liquid tions of the committees established under ***** sugar. the aforesaid amended marketing agree­ (v) Any Murcott Honey oranges, (b) The quantitative limitations estab­ ment and order, and upon other avail­ grown in the production area, which do lished by §§ 811.51 to 811.53, inclusive, able information, it is hereby found that not grade at least U.S. No. 1 Russet; or do not apply to sugar or liquid sugar the limitation of shipments of Murcott (vi) Any Murcott Honey oranges, marketed or imported pursuant to sec­ Honey oranges, as hereinafter provided, grown in the production area, which are tions 211 and 212 of the Act in accord­ will tend to effectuate the declared policy of a size smaller than 2tÎ6 inches in di­ ance with the provisions of Part 816 of the act. ameter, except that a tolerance of 10 per­ or Part 817 of this chapter. (2) It is hereby further found that it cent, by count, of Murcott Honey oranges is impracticable and contrary to the pub­ smaller than such minimum diameter § 811.55 Restrictions on importations lic interest to give preliminary notice, shall be permitted, which tolerance shall and marketings within quotas. engage in public rule-making procedure, be applied in accordance with the provi­ Subject to the provisions of Part 816 and postpone the effective date of this sions for the application of tolerances and Part 817 of this Chapter all persons amendment until 30 days after publica­ specified in the U.S. Standards for Flor­ are prohibited from bringing or import­ tion in the Federal Register (5 U.S.C. ida Oranges and Tangelos. ing into or marketing in the continental 553 ( 1966) ) because the time intervening * * * * * United States any sugar or liquid sugar between the date when information upon (Secs. 1-19, 48 S ta t. 31, as am ended; 7 U.S.C. in excess of or after the applicable quota which this amendment is based became 601-674) or quantity set forth in §§811.51 to available and the time when this amend­ 811.53, inclusive, has been filled or any ment must become effective in order to Dated December 9, 1966, to become sugar or liquid sugar as direct-consump­ effectuate the declared policy of the act effective at 12:01 a.m., e.s.t., December 12, tion sugar after the direct-consumption 1966. is insufficient; a reasonable time is per­ P aul A. N icholson, portion of the applicable quota has been mitted, under the circumstances, for Deputy Director, Fruit and Veg­ filled. preparation for such effective time; and etable Division, Consumer and Effective date. The Act provides that good cause exists for making the pro­ Marketing Service. the Secretary of Agriculture shall, dur­ visions hereof effective not later than ing the last 3 months of 1966, determine December 12,1966. Shipments of Florida [F.R. Doc. 66-13382; Filed, Dec. 9, 1966; sugar requirements and establish sugar oranges, except Murcott Honey oranges, 11:26 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 RULES AND REGULATIONS 15585 [Navel Orange Reg. 116] cember 18, 1966, a re , hereby fixed as with the aforesaid recommendation of follows: the committee, and information concern­ PART 907— NAVEL ORANGES (1) District 1: 1,000,000 cartons; GROWN IN ARIZONA AND DESIG­ ing such provisions and effective time (ii) District 2: Unlimited movement; has been disseminated among handlers NATED PART OF CALIFORNIA (iii) District 3: 175,000 cartons; of such lemons; it is necessary, in order (iv) District 4: 40,000 cartons. to effectuate the declared policy of the Limitation of Handling (2) As used in this section, “handled,” act, to make this section effective during § 907.416 Navel Orange Regulation 116. “District 1,” “District 2,” “District 3,” the period herein specified; and com­ “District 4,” and “carton” have the same pliance with this section will not require (a) Findings. (1) Pursuant to themeaning as when used in said amended any special preparation on the part of marketing agreement, as amended* and marketing agreement and order. persons subject hereto which cannot be Order No. 907, as amended (7 CFR Part (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. completed on or before the effective date 907), regulating the handling of Navel 601-674) hereof. Such committee meeting was oranges grown in Arizona and designated Dated: December 9,1966. held on December 6, 1966. part of California, effective under the ap­ (b) Order. (1) The respective quan­ plicable provisions of the Agricultural P aul A. Nicholson, tities of lemons grown in California and Marketing Agreement Act of 1937, as Deputy Director, Fruit and Vege­ Arizona which may be handled during amended (7 U.S.C. 601-674), and upon table Division, Consumer and the period beginning at 12:01 a.m., P.s.t., the basis of the recommendations and Marketing Service. December 11, 1966, and ending at 12:01 information submitted by the Navel [F.R. Doc. 66-13383; Filed, Dec. 9, 1966; a.m„ P.s.t., December 18,1966, are hereby Orange Administrative Committee, es­ 11:26 a.m.] fixed as follows: tablished under the said amended (1) District 1: 27,900 cartons; marketing agreement and order, and (ii) District 2: 69,750 cartons; upon other available information, it is [Lemon Reg. 245] (iii) District 3: 116,250 cartons. hereby found that the limitation of (2) As used in this section, “handled,” handling of such Navel oranges, as here­ PART 910— LEMONS GROWN IN “District 1,” “District 2,” “District 3,” and inafter provided, will tend to effectuate CALIFORNIA AND ARIZONA “Carton” have the same meaning as when the declared policy of the act. Limitation of Handling used in the said amended marketing (2) It is hereby further found that it agreement and order. is impracticable and contrary to the pub­ § 910.545 Lemon Regulation 245. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.O. lic interest to give preliminary notice, 601-674) engage in public rule-making procedure, (a) Findings. (1) Pursuant to the marketing agreement, as amended, and Dated: December 8,1966. and postpone the effective date of this Order No. 910, as amended (7 CFR Part section until 30 days after publication 910), regulating the handling of lemons P aul A. N icholson, hereof in the F ederal R egister (5 U.S.C. grown in California and Arizona, effec­ Deputy Director, Fruit and 553 (1966)) because the time intervening tive under the applicable provisions of the Vegetable Division, Consumer between the date when information upon Agricultural Marketing Agreement Act and Marketing Service. which this section is based became avail­ of 1937, as amended (7 U.S.C. 601-674), [F.R. Doc. 66-13329; Filed, Dec. 9, 1966; able and the time when this section must and upon the basis of the recommenda­ 8:49 a.m.] become effective in order to effectuate the tions and information submitted by the declared policy of the act is insufficient, Lemon Administrative Committee, es­ and a reasonable time is permitted, under tablished under the said amended mar­ Chapter X— Consumer and Marketing the circumstances, for preparation for Service (Marketing Agreements and such effective time; and good cause exists keting agreement and order, and upon for making the provisions hereof effective other available information, it is hereby Orders; Milk), Department of Agri­ as hereinafter set forth. The committee found that the limitation of handling of culture held an open meeting during the current such lemons, as hereinafter provided, [Milk Order 2] will tend to effectuate the declared policy week, after giving due notice thereof, to PART 1002— MILK IN NEW YORK- consider supply and market conditions of the act. for Navel oranges and the need for regu­ (2) It is hereby further found that it NEW JERSEY MARKETING AREA lation; interested persons were afforded is impracticable and contrary to the Order Suspending Certain an opportunity to submit information public interest to give preliminary notice, Provisions and views at this meeting; the recom­ engage in public rule-making procedure, mendation and supporting information and postpone the effective date of this Pursuant to the provisions of the Ag­ for regulation during the period specified section until 30 days after publication ricultural Marketing Agreement Act of herein were promptly submitted to the hereof in the F ederal R egister (5 U.S.C. 1937, as amended (7 U.S.C. 601 et seq.), Department after such meeting was held; 553 (1966) ) because the time intervening and of the order regulating the handling the provisions of this section, including between the date when information upon of milk in the New York-New Jersey mar­ its effective time, are identical with the which this section is based pecame avail­ keting area (7 CFR Part 1002), it is here­ aforesaid recommendation of the com­ able and the time when this section must by found and determined th at: mittee, and information concerning such become effective in order to effectuate (a) The following provisions of the provisions and effective time has been the declared policy of the act is insuffi­ order no longer tend to effectuate the de­ disseminated among handlers of such cient, and a reasonable time is permitted, clared policy of the Act: Navel oranges; it is necessary, in order to under the circumstances, for preparation 1. In paragraph (e) of § 1002.65 the effectuate the declared policy of the act, for such effective time; and good cause provision set forth in the first sentence to make this section effective during the exists for making the provisions hereof thereof; and period herein specified; and compliance effective as hereinafter set forth. The 2. The provisions of § 1002.70 insofar with this section will not require any committee held an open meeting during as they require payment to individual special preparation on the part of per­ the current week, after giving due notice producers of the nearby differentials pro­ sons subject hereto which cannot be com­ thereof, to consider supply and market vided in § 1002.71(b). pleted on or before the effective date conditions for lemons and the need for (b) Thirty days notice of the effective hereof. Such committee meeting was regulation; interested persons were af­ date hereof is impractical, unnecessary, held on December 8,1966. forded an opportunity to submit informa­ and contrary to the public interest in (b) Order. (1) The respective quan­tion and views at this meeting; the that: tities of Navel oranges grown in Arizona recommendation and supporting infor­ 1. A decision of the U.S. Court of Ap­ and designated part of California which mation for regulation during the period peals for the District of Coulmbia Circuit may be handled during the period begin- spec'fled herein were promptly submitted on November 18, 1966, declared invalid to the Department after such meeting the scheme of nearby differentials set Ring at 12:01 a.m., P.s.t., December 11, was held; the provisions of this section forth in § 1002.71(b). Under the terms 1966, and ending at 12:01 a.m., P.s.t., De­ including its effective time, are identical of the order the nearby differentials are

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15586 RULES AND REGULATIONS monies directly to his own producers. ment is due on and after that date, in­ paid from the total pool proceeds. This cluding all producer milk delivered on is accomplished by reducing each han­ Pending the outcome of possible appeals dler’s pool obligation by the amount of of the Court’s decision the market ad­ or after November 1,1966. the nearby differential due his producers ministrator will hold money so paid in an It is therefore ordered, That the afore­ under the provisions of § 1002.70 and escrow fund subject to order of the Court. said provisions of the order are hereby § 1002.71(b) and such monies due each 3. This suspension order does not re­ suspended effective December 1, 1966. producer are paid directly by the handler quire of persons affected substantial or (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. to such producer as an additional obli­ extensive preparation prior to the effec­ 601-674) gation over the uniform price. tive date. Effective date: December 1, 1966. 2. Since the payment of the nearby 4. This suspension order is necessary to differentials from pool proceeds has been reflect current marketing conditions and Signed at Washington, D.C., on De­ declared invalid provision must be made * to maintain orderly marketing conditions cember 7,1966. in the marketing area. George L. Mehren, to require each handler to pay such Assistant Secretary. monies into the producer-settlement Therefore, good cause exists for mak­ ing this order effective December 1,1966, [F.R. Doc. 66-13306; Filed, Dec. 9, 1966; fund and to remove the provisions which 8:48 a.m.] would otherwise require him to pay such with respect to all milk for which pay­

4

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15587 Proposed Rule Making

ternal Revenue, Attention: CC: LR: T, extent that any of such items constitutes DEPARTMENT OF THE TREASURY Washington, D.C. 20224, and which are gross income from sources within the United received prior to December 23, 1966. States), of any nonresident alien individual Bureau of Customs The proposed regulations are to be issued or of any foreign partnership shall (except in [ 19 CFR Part 6 ] under the authority contained in section the cases provided for in section 1451 and 7805 of the Internal Revenue Code of except as otherwise provided in regulations HOULTON MUNICIPAL AIRPORT, prescribed by the Secretary or his delegate 1954 (68A Stat. 917; 26 U.S.C. 7805). under section 874) deduct and withhold from HOULTON, MAINE such items a tax equal to 30 percent thereof, [seal] Sheldon S. Cohen, except that in the case of any item of income Proposed Designation as Inter­ Commissioner of Internal Revenue. specified in the second sentence of sub­ national Airport of Entry In order to conform the Income Tax section (b), the tax shall be equal to 14 Regulations (26 CFR Part 1) to amend­ percent of such item. Notice is given that under the author­ (b) Income items. The items of income ity of section 1109(b) of the Federal ments of the Internal Revenue Code referred to in subsection (a) are interest, Aviation Act of. 1958, as amended (49 made by section 302(c) of the Revenue dividends, rent, salaries, wages, premiums, U.S.C. 1509(b)), it is proposed to desig­ Act of 1964 (78 Stat. 146) and by sec­ annuities, compensations, remunerations, nate Houlton Municipal Airport, Houl­ tion 103(h) and section 104(c) of the emoluments, or other fixed or determinable ton, Maine, as an international airport Foreign Investors Tax Act of 1966 (80 annual or periodical gains, profits, and in­ (airport of entry) for civil aircraft and Stat. 1553, 1557); to conform the Em­ come, gains described in section 402(a)(2), ployment Tax Regulations (26 CFR 403(a)(2), or 631 (b) or (c), amounts sub­ for merchandise carried thereon arriv­ ject to tax under section 871(a) (1) (C), gains ing from places outside the United Part 31) to amendments of the Internal subject to tax under section 871(a)(1)(D), States, as defined in section 101(35) of Revenue Code made by section 103 (k) and gains on transfers described in section said Act as amended (49 U.S.C. 1301 of the Foreign Investors Tax Act of 1966 1235 made on or before October 4, 1966. The (35) ), and it is further proposed to (80 Stat. 1554); and to make certain items of income referred to in subsection (a) amend section 6.13 of the Customs Reg­ technical changes in such regulations, from which tax shall be deducted and with­ ulations by adding thereto the location they are amended as set forth below. held at the rate of 14 percent are— and name of this airport at the appro­ Unless otherwise expressly provided, the (1) That portion of any scholarship or amendments required by sections 103(h) fellowship grant which is received by a non­ priate place. resident alien individual who is temporarily Data, views, or arguments with re­ and 104(c) of the Foreign Investors Tax present in the United States as a nonim­ spect to the proposed designation of Act of 1966 are effective with respect to migrant under subparagraph (F) or (J) of Houlton Municipal Airport as an inter­ payments made in taxable years of recip­ section 101(a) (15) of the Immigration and national airport may be addressed to the ients beginning after December 31, 1966, Nationality Act, as amended, and which is Commissioner of Customs, Washington, and the amendments required by section not excluded from gross income under sec­ 103 (k) of such Act are effective with tion 117(a)(1) solely by reason of section D.C. 20226. To assure consideration of 117(b)(2)(B); and such communications, they must be re­ respect to payments occurring after December 31, 1966. (2) Amounts described in subparagraphs ceived by the Commissioner of Customs (A), (B), (C), and (D) of section 117(a)(2) not later than 20 days from the date of Paragraph 1. Section 1.943-1 is which are received by any such nonresident publication of this notice in the Federal amended to read as follows: alien individual and which are incident to Register. § 1.943—1 Withholding by a China Trade a scholarship or fellowship grant to which Act corporation. section 117(a) (1) applies, but only to the [seal] Lester D. Johnson, extent such amounts are includible in gross Commissioner of Customs. Dividends paid by a China Trade Act income. Approved: November 29,1966. corporation to a nonresident alien indi­ In the case of a nonresident alien individual vidual, foreign partnership, or foreign who is a member of a domestic partnership, True Davis, corporation are subject to withholding the items of income referred to in subsec­ Assistant Secretary of tax at source under § 1.1441-1. How­ tion (a) shall be treated as referring to items of the Treasury. ever, see paragraph (c) of § 1.1441-4 for specified in this subsection included in his distributive share of the income of such [F.R. Doc. 66-13295; Filed, Dec. 9, 1966; exemption applicable to dividends paid partnership. 8:47 a.m.] to residents of Formosa or Hong Kong. (c) Exceptions—(1) income connected Par. 2. Section 1.1441 is amended by with U.S. business. No deduction or with­ revising sections 1441 (a) and (b), by holding under subsection (a) shall be re­ Internal Revenue Service striking out paragraph (1) of section quired in the case of any item of income 1441(c) and inserting a new paragraph (other than compensation for personal serv­ I 26 CFR Parts 1, 31 ] ices) which is effectively connected with the (1) in lieu thereof, by revising sections conduct of a trade or business within the WITHHOLDING OF TAX ON NON­ 1441(c) (4) and (5), by adding a para­ United States and which is included in the RESIDENT ALIENS AND FOREIGN graph (7) to section 1441(c), by re­ gross income of the recipient under section CORPORATIONS designating section 1441(d) as section 871(b) (2) for the taxable year. 1441 (e), by adding a riew section 1441(d), (2) Owner unknown. The Secretary or his Notice of Proposed Rule Making and by adding a historical note. These delegate may authorize the tax under sub­ amended and added provisions read as section (a) to be deducted and withheld Notice is hereby given, pursuant to the follows: from the interest upon any securities the Administrative Procedure Act, approved owners of which are not known to the with­ June 11, 1946, that the regulations set § 1.1441 Sta tutory provisions; with­ holding agent. forth in tentative form in the attached holding of tax on nonresident aliens. (3) Bonds with extended maturity dates. appendix are proposed to be prescribed The deduction and withholding in the case Sec. 1441. Withholding of tax on non­ of interest on bonds, mortgages, or deeds of by the Commissioner of Internal Reve­ resident aliens—(a) General rule. Except trust or other similar obligations of a cor­ nue, with the approval of the Secretary as otherwise provided in subsection (c), all poration, within subsections (a), (b), nnij of the Treasury or his delegate. Prior persons, in whatever capacity acting (in­ (c) of section 1451 were it not for the fact to the final adoption of such regulations, cluding lessees or mortgagors of real or that thé maturity date of such obligations consideration will be given to any com­ personal property, fiduciaries, employers, and has been extended on or after January 1, ments or suggestions pertaining thereto all officers and employees of the United 1934, and the liability assumed by the debtor which are submitted in writing, in States) having the control, receipt, custody, exceeds 27% percent of the interest, shall disposal, or payment of any of the items of not exceed the rate of 27% percent per duplicate, to the Commissioner of In­ income specified in subsection (b) (to the annum.

No. 239— 4 FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15588 PROPOSED RULE MAKING (4) Compensation of certain aliens. Un­ is required in the case of items of income cent is also required on the gross amount der regulations prescribed by the Secretary specified in paragraph (c) of § 1.1441-2. of the following items: or his delegate, compensation for personal The rate of 30 percent or 14 percent (1) Gains described in section 402(a) services may be exempted from deduction shall be reduced as may be provided by (2), relating to the treatment of total and withholding under subsection (a). a treaty with any country. See section distributions from certain employees’ (5) Special items. In the case of gains trusts; section 403(a)(2), relating to described in section 402(a)(2), 403(a) (2), 894, relating to income affected by or 631 (b) or (c), gains subject to tax under treaty. For purposes of this section, the treatment of payments under certain section 871(a)(1)(D), and gains on trans­ term “nonresident alien individual” in­ employee annuities; and section 631 (b) fers described in section 1235 made on or cludes an alien resident of Puerto Rico. or (c), relating to treatment of gain on before October 4, 1966, the amount required Par. 4. Section 1.1441-2 is amended disposal of timber, coal, or domestic iron to be deducted and withheld shall, if the by revising paragraph (a)(1) by strik­ ore with a retained economic interest; amount of such gain is not known to the ing out the last sentence of paragraph (ii) Amounts subject to the 30-per­ withholding agent, be such amount,, not ex­ (a)(3), by revising paragraph (b), and cent tax under section 871(a) (1) (C), or ceeding 30 percent of the amount payable, section 881(a)(3), relating to amounts as may be necessary to assure that the tax by revising paragraphs (c) (1) and (2), deducted and withheld shall not be less than These amended provisions read as considered under section 1232 as gains 30 percent of such gain. follows: from the sale or exchange of property (6) Per diem of certain aliens. No de­ which is not a capital asset, but only duction or withholding under subsection (a) § 1.1441—2 Income subject to withhold­ in the case of bonds or other evidences shall be Required in the case of amounts of ing. of indebtedness issued after September per diem for subsistence paid by the U.S. (a) Fixed or determinable annual or 28, 1965; Government (directly or by contract) to periodical income. ,(1) The gross (iii) Gains subject to the 30-percent any nonresident alien individual who is en­ gaged in any program of training in the amount of fixed or determinable an­ tax under section 871(a)(1)(D) or sec­ United States under the Mutual Security nual or periodical income is subject to tion 881(a)(4), relating to contingent Act of 1954, as amended. withholding. Section 1441(b) specif­ payments received from the sale or ex­ (7) Certain annuities received under ically includes in such income interest, change after October 4, 1966, of patents, qualified plans. No deduction or withhold­ dividends, rent, salaries, wages, premi­ copyrights, and similar intangible prop­ ing under subsection (a) shall be required in ums, annuities, compensations, re­ erty; and the case of any amount received as an annu­ munerations, and emoluments; but ity if such amount is, under section 871(f) , (iv) Gains on transfers described in exempt from the tax imposed by section other kinds of income are included, section 1235, relating to treatment of 871(a). as, for instance, royalties. For purposes gain on sale or exchange of patents, if (d) Exemption of certain foreign partner­ of the preceding sentence, the term “in­ the transfers are made on or before Oc­ ships.. Subject to such terms and conditions terest” includes interest on certain de­ tober 4,1966. as may be provided by regulations prescribed ferred payments, as provided in section (c) Amounts received by participants by the Secretary or his delegate, subsection 483 and the regulations thereunder. in certain exchange or training pro­ (a) shall not apply in the case of a foreign The term “fixed or determinable annual partnership engaged in trade or business grams—(1) Scholarship or fellowship within the United States if the Secretary'or or periodical” income is merely descrip­ grants. Withholding of tax shall be at his delegate determines that the require­ tive of the character of a class of in­ the rate of 14 percent (rather than 30 ments of subsection (a) imposé an undue come. If an item of income falls within percent) on that portion of a scholarship administrative burden and that the collec­ the class of income contemplated by the or fellowship grant paid after March 4, tion of the tax imposed by section 871(a) statute, it is immaterial whether pay­ 1964, to a nonresident alien individual on the members of such partnership who ment of that item is made in a series of who is temporarily presént in the United are nonresident alien individuals will not repeated payments or in a single lump be jeopardized by the exemption. States as a nonimmigrant under subpar­ (e) Alien resident of Puerto Rico. For sum. Thus, $5,000 In royalty income agraph (F) or (J> of section 101(a) (15) purposes of this section, the term “non- would come within the meaning of the of the Immigration and Nationality Act, r resident alien individual” includes an alien term, whether paid in 10 payments of as amended, which is not excludable resident of Puerto Rico. $500 each or in one payment of $5,000. from such nonresident alien’s gross in­ [Sec. 1441 as amended by sec. 544(f), Mutual ***** come under section 117(a) (1) and para­ Security Act 1954 (added by sec. 11(a), (3) Income derived from the sale in graph (a) of § 1.117-1 because it exceeds Mutual Security Act 1956 (70 Stat. 563)); the United States of property, whether the limitations set forth in section 117(b) sec. 40(b), Technical Amendments Act real or personal, is not fixed or deter­ (2) (B) and paragraph (b)(2) of 1958 (72 Stat. 1638); sec. 110(d), Mutual § 1.117-2. Thus, if a nonresident alien Educational and Cultural Exchange Act 1961 minable annual or periodical income. (75 Stat. 536); sec. 302(c), Revenue Act (b) Other income subject to with­ scientist who was admitted to the United 1964 (78 Stat. 146); sec. 103(h ), Foreign holding—(1) Payments in taxable years States under subparagraph (J) of section Investors Tax Act 1966 (80 Stat. 1553). (Sec. of recipients beginning before January 101(a) (15) of the Immigration and Na­ 544(f), Mutual Security Act 1954, was re­ 1, 1967. For payments made in taxable tionality Act, as amended, to engage in pealed by sec. 11(b)(1), Mutual Security years of recipients beginning before Jan­ post-doctoral scientific studies received Act 1957 (71 Stat. 365), with thé proviso a fellowship grant from a grantor speci­ that sec. 1441 was not affected by the uary 1, 1907, withholding at 30 percent is also required on the gross amount of fied in section 117(b)(2)(A) which repeal.) ] the items described in section 402(a) (2), exceeded the $300-per-month-for-36- P ar. 3. Section 1.1441-1 is amended relating to treatment of total distribu-' months limitation determined under to read as follows: tions from certain-employees’ trusts; in paragraph (b) (2) and (3) of § 1.117-2, § 1.1441—1 Requirement for withhold­ sections 631 (b) and (c), relating to a tax at the rate of 14 percent rather ing of tax on nonresident aliens, for­ treatment of gain on disposal of timber, than 30 percent must be withheld from eign partnerships, and foreign cor­ coal, or domestic iron ore with a re­ the amount of the grant includible in the porations. tained economic interest, in section 1235, scientist’s gross income. relating to treatment of gain on sale or (2) Expenses for travel, research, etc. Except as otherwise provided in exchange of patents; and, after Sep­ Withholding shall also be at the rate of §§ 1.1441-3 and 1.1441-4, to the extent tember 2, 1958, in section 403(a) (2), re­ 14 percent on amounts paid after March that the items specified in § 1.1441-2 lating to treatment of payments under 4, 1964, to nonresident alien individuals constitute gross income from sources certain employee annuities, each of described in subparagraph (1) of this within the United States, withholding of which items is considered to be gain paragraph to cover expenses for travel, a tax of 30 percent is reduired in the from the sale or exchange of capital research, clerical help, or equipmen case of items of income specified in para­ assets. which are incident to a scholarship or graphs (a) and (b) of § 1.1441-2 when fellowship grant to which section such income is paid to a nonresident (2) Payments in taxable years of re­ cipients beginning after December 31, 117(a) (1) applies, but only to the extent alien individual, a foreign partnership, that such amounts are not excludable or a foreign corporation, except that with 1966. For payments made in taxable years of recipients beginning after De­ from gross income under paragrapn respect to payments made after March 4, (b) (1) of § 1.117-1 because they pertain 1964, withholding of a tax of 14 percent cember 31, 1966, withholding at 30 per-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15589 to a portion of scholarship or fellowship or resident of the United States; and, in other than amounts described in sub- grant which is not excludable, or because the case of a partnership or corporation, paragraph (2) (ii) of such paragraph, the amount received is not specifically the shareholder is a domestic partner­ the withholding agent does not know designated to cover such expenses under ship or a domestic corporation, as the paragraph (b) (2) (i) of § 1.117-1. the amount of recognized gain, he is re­ case may be. Unless the facts and cir­ quired to deduct and withhold such * * * * * cumstances indicate clearly that the amount under § 1.1441-1 as may be Par. 5. Section 1.1441-3 is amended shareholder is a nonresident alien in­ necessary to assure that the tax with­ by revising subparagraphs (1) and (2) dividual, foreign partnership, or foreign held will not be less than 30 percent of of paragraph (b), by striking out sub- corporation, an address in care of an­ the recognized gain. For this purpose, paragraphs (3) and (4) of paragraph other person in the United States does the recognized gain shall be determined (b) , and inserting a new subparagraph not of itself warrant treating the share­ without regard to the deduction allowed (3) in lieu thereof, by revising paragraph holder as a person who is subject to by section 1202 with respect to capital (c) (1), by adding a new paragraph withholding upon dividends under gains. The amount so withheld shall not (c)(6), by revising paragraph (d), by § 1.1441-1. If a shareholder changes his exceed 30 percent of the amount payable revising paragraph (e) (2), and by revis­ address from a place outside the United by reason of the transaction giving rise ing paragraph (f). These amended and States to a place within the United to the recognized gain, except that the added provisions read as follows: States, the tax shall be withheld on divi­ amount payable may be determined by dends unless (1) proof is furnished show­ § 1.1441—3 Exceptions and rules of spe­ excluding the net unrealized apprecia­ ing that, in the case of an individual, he tion described in section 402(a) (2). Ap­ cial application. is a citizen or resident of the United ***** propriate adjustment, if any, will be States or, in the case of a partnership made by the payee’s filing of a claim for (b) Corporate distributions—(,1) Non- or corporation, it is a domestic partner­ refund, together with appropriate sup­ taxable portion. The tax shall be with­ ship or corporation, or (ii) the withhold­ porting evidencè, in accordance with held at the source under § 1.1441-1 on ing agent is otherwise satisfied that the paragraph (h) of this section. the gross amount of any distribution shareholder is not a person who is sub­ (2) Statement showing recognized made by a corporation other than— ject to withholding under § 1.1441-1, gain. The withholding agent may, un­ (1) A nontaxable distribution payable For general provisions for claiming to be less he has reason to believe to the con­ in stock or stock rights, and a person not subject to withholding trary, rely on the statement of the (ii) A distribution which is treated as under § 1.1441-1, see § 1.1441-5. person entitled to the gain described in a distribution in part or full payment in (c) Interest—(1) Government obli­ subparagraph (1) of this paragraph as exchange for stock. gations. Withholding is required under to the amount of gain which is recog­ This rule shall apply without regard to § 1.1441-1 in case of interest paid on nized on the transaction involved and any claim that all or a portion of the obligations issued on or after March 1, subject to withholding under § 1.1441-1. distribution is not taxable under section 1941, by the United States or any agency This statement shall be filed with the 871 or 881. The tax shall be withheld on or instrumentality thereof. See section withholding agent in duplicate. It shall the gross amount of the distribution even 103 and the regulations thereunder, re­ show the computation of the amount of though the payee may be entitled to the lating to the taxation of such interest, gain subject to withholding, shall be benefits of section 116, relating to partial and § 1.1461-1, relating to ownership dated, shall be signed by the person en­ exclusion of dividends received by indi­ certificates. See also section 895 and the titled to the income, shall contain the viduals. Appropriate adjustment, if regulations thereunder, relating to the taxpayer’s identifying number, if any, any, will be made upon the payee’s filing exemption from tax with respect to in­ and shall contain, or be verified by, a of a claim for refund, together with ap­ terest received by a foreign central bank written declaration that it is made under propriate supporting evidence, in accord­ of issue or the Bank for International the penalties of perjury. No particular Settlements on obligations of the United form is prescribed for this statement. ance with paragraph (h) of this section. States. (2) Dividends paid by a foreign corpo­ The duplicate copy of each statement ration. No withholding under § 1.1441-1 filed during any calendar year pursuant is required in the case of dividends paid (6) Gains on sale or exchange of to this subparagraph shall be forwarded by a foreign corporation unless (i) the certain evidences of indebtedness. In by the withholding agent with, and at­ corporation is engaged in trade or busi­ the case of an amount described in para­ tached to, the Form 1042S required by ness within the United States, and (ii) graph (b) (2) (ii) of § 1.1441-2, the paragraph (c) of § 1.1461-2 with respect more than 85 percent of the gross income withholding agent may, unless he has to such gain for such calendar year. of the corporation for the 3-year period reason to believe to the contrary, rely on (e) Personal exemption. * * * ending with the close of its taxable year the statement of the person entitled to (2) In the determination of the tax to preceding the declaration of the divi­ the income as to the amount of gain be withheld at the source under dends (or for such part of such period as recognized on the transaction and sub­ § 1.1441-1 from remuneration paid for-" the corporation has been in existence) ject to withholding under § 1.1441- 1, labor or personal services performed was derived from sources within the The statement shall be filed with the within the United States by a nonresident United States as determined under the withholding agent in duplicate. It shall alien individual, the benefit of the de­ provisions of part I (section 861 and contain a computation, in accordance duction for personal exemptions pro­ following), subchapter N, chapter 1 of with § 1.1232-3, showing the amount of vided in section 151, to the extent allow­ ttie Code, and the regulations thereunder. gain recognized on the transaction, shall able under section 873(b)(3) and the This subparagraph shall not apply to be dated, shall be signed by the person regulations thereunder, shall be allowed, dividends paid in taxable years of recip­ entitled to the income, shall contain the prorated upon a daily basis for the period ients begimiing after December 31, 1966. taxpayer’s identifying number, if any, during which labor or personal services (3) Dividends paid to shareholder and shall contain, or be verified by, a are performed within the United States whose status is not definite. When a written declaration that it is made under by the alien individual. The benefit of Payer corporation or any other person, the penalties of perjury. No particular the deduction for such personal ex­ including a nominee, having the control, form is prescribed for this statement. emptions shall also be allowed in the receipt, custody, disposal, or payment The duplicate copy of each statement determination of the tax of 14 per­ of dividends has no definite knowledge filed during any calendar year pursuant cent to be withheld at the source un­ « status of a shareholder, the tax to this subparagraph shall be forwarded der § 1.1441-1 and paragraph (c) of snail be withheld under § 1.1441-1 if the by the withholding agent with and at­ § 1.1441-2 from amounts paid after shareholder’s address is outside the tached to, the Forms 1042S required by March 4, 1964, to nonresident alien in­ united States. If the shareholder’s ad­ paragraph (c) of § 1.1461-2 with respect dividuals who are temporarily present in less is within the United States, it may to such amount for such calendar year. the United States as nonimmigrants . assumed for the purpose of withhold­ (d) Special, rules applicable to certain under subparagraph (F) or (J) of the income—ii) Determination of amount Immigration and Nationality Act, as ing of dividends that, in the case of an to be withheld. If in the case of amounts individual, the shareholder is a citizen amended, and such personal exemptions described in paragraph (b) of § 1.1441-2, shall be prorated upon a daily basis for

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15590 PROPOSED RULE MAKING statement or form filed during any the period during which the described § 1.1441—4 Exemptions from withhold­ ing. calendar year pursuant to this subpara­ nonresident alien student or scholar re­ graph shall be forwarded by the with­ ceives the payments. The proration is (a) Income connected with a U.S. holding agent with, and attached to, any on a basis of $1.70 per day for each ex­ 1business—(1) In general. No withhold­ Form 1042S required by paragraph (c) emption to which the nonresident alien ing is required under § 1.1441-1 in the of § 1.1461-2 with respect to such income individual is entitled. Thus, if A,, a case of any item of income if such in­ for such calendar year. married nonresident alien individual come is effectively connected with the (b) Compensation for personal serv­ without dependents is paid remuneration conduct of a trade or business within the ices of an individual—(1) Exemption subject to withholding under § 1.1441-1 United States by the person entitled to from withholding. Withholding is not for performing personal services during such income and is includible in his required under § 1.1441-1 from salaries, a stay of 100 days in the United States, gross income under section 871(b)(2), wages, remuneration, or any other com­ the amount of $170 will be allocated as section 842, or section 882(a) (2) for the pensation for personal services of a non­ the portion of the deduction to be al­ taxable year and if he has filed the resident alien individual if— lowed against the remuneration for per­ statement prescribed by subparagraph (1) Such compensation is subject to sonal services performed within the (2) of this paragraph. This subpara­ withholding under section 3402, relating United States during that period; and graph shall apply to income for services to withholding of tax at source of wages, withholding at 30 percent shall be ap­ performed by a foreign partnership or and the regulations thereunder, plied against the balance, if any, of the a foreign corporation (other than a (ii) Such compensation would be sub­ remuneration. If, for example, the total foreign corporation which has income to ject to withholding under section 3402 remuneration paid to A for that period which section 543(a)(7) applies for the but for the provisions of section 3401(a) is $2,000, a total tax in the amount of taxable year) but shall not apply to com­ (other than paragraph (6) thereof) and $549 [ ($2,000—$170) X0.301 is required pensation for personal services per­ the regulations thereunder, to be withheld under § 1.1441-1. How­ formed by an individual. In deter­ (iii) Such compensation is for services ever, if A is a resident of Canada or mining whether an item of income from performed by a nonresident alien in­ Mexico, and his spouse has no gross in­ sources within the United States is, or come from sources within the United dividual who is a resident of Canada or is deemed to be, effectively connected Mexico and who enters and leaves the States, which is subject to income tax with the conduct of a trade or business United States at frequent intervals, or under chapter 1 of the Code, and is not within the United States by the person the dependent of another taxpayer entitled to the income, see section 864 (iv) Such compensation is, or will be, subject to such tax, an amount of $340 (c) (2), section 871(d), and sections exempt882 from the income tax imposed by will be allocated as the portion of the (d) and (e), and the regulations there­ chapter 1 of the Code by reason of a deduction to be allowed against the provision of the Internal Revenue Code remuneration for personal services per­ under. or a tax convention to which the United formed within the United States. Thus, (2) Statement claiming exemption. States is a party. in such case, a total tax in the amount In order for the exemption provided by (2) Statement claiming exemption. In of $498 t ($2,000—$340) X 0.301 is re­ subparagraph (1) of this paragraph to order for the exemption provided by sub- quired to be withheld under § 1.1441-1. apply for any taxable year, the person paragraph (1) (iv) of this paragraph to As to what constitutes remuneration for entitled to the income must file with the apply for any taxable year, the person labor or personal services performed withholding agent a statement in dupli­ entitled to such compensation must file within the United States see section cate that the income described in the with the withholding agent a statement statement is, or is expected to be, .effec­ in duplicate setting forth his name, ad­ 861(a)(3) and the regulations there­ tively connected with the conduct of a under. dress, and taxpayer identifying number, trade or business within the United and certifying (i) that he is not a citizen (f) Partnerships and fiduciaries. States and that such income is includible Domestic partnerships are required to or resident of the United States, (ii) that in his gross income for the taxable year. the compensation to be paid to him din­ withhold the tax at source under This statement shall show (i) the name § 1.1441-1 on items of income described ing the taxable year is, or will be, ex­ and address of the withholding agent empt from the tax imposed by chapter 1 in paragraphs (a) and (b) of § 1.1441-2 and of the person entitled to the income, which are included in the distributive of the Code, and (iii) the reason why (ii) the taxpayer’s identifying number, such compensation is so exempt from share of a member of such partnership (iii) the nature of the item or items of who is a nonresident alien individual or tax. The statement shall be dated, shall income with respect to which the state­ identify the taxable year and compen­ foreign corporation. Resident or domes­ ment is filed, (iv) the trade or business tic fiduciaries are required to withhold sation to which it relates, shall be signed with which such income is, or is expected by the person entitled to such compensa­ the tax at source under § 1.1441-1 on all to be, effectively connected, and (V) the items of income described in paragraphs tion, and shall contain, or be verified by, taxable year in respect of which the a written declaration that it is made (a) and (b) of § 1.1441-2 of beneficiaries statement is made. This statement shall who are nonresident alien individuals, be filed with the withholding agent for under the penalties of perjury. No par­ foreign partnerships, or foreign corpora­ ticular form is prescribed for this state­ each taxable year of the person en­ ment. The duplicate copy of each state­ tions, to the extent that such items con­ titled to the income, and before pay­ stitute gross income from sources within ment filed during a calendar year pur­ ment of the income in respect of which suant to this subparagraph shall be for­ the United States. Income described in it applies. Any statement so filed shall paragraphs (a) and (b) of § 1.1441-2 warded by the withholding agent witn, be effective only with respect to the item and attached to, the Form 1042S required which is paid to a foreign partnership or or items of income specified therein and nonresident alien fiduciary is subject to by paragraph (c) of § 1.1461-2 with re­ shall constitute authorization to the spect to such compensation for sucn withholding under § 1.1441-1 even withholding agent to pay such income though the members of the partnership, during the taxable year without deduc­ calendar year. or the beneficiaries of the estate or trust, tion of the tax at source under § 1.1441-1. are individuals who are citizens or resi­ The statement shall be amended by the (f) Exemption of certain foreign part­ dents of the United States or are domes­ person entitled to the income if sub­ nerships and foreign corporations— tic corporations. sequent circumstances' arising during In general. No withholding is required the taxable year indicated that the under § 1.1441-1 upon any item of income is not, or is not expected to be, paid to a foreign partnership, or foreign P ar. 6. Section 1.1441-4 is amended effectively connected with the conduct corporation, engaged in trade or business by striking out paragraph (a) and in­ of a trade or business within the United in the United States at any time during serting a new paragraph (a) in lieu States. Any statement required by this the taxable year, if it is established^ thereof, by revising paragraph (b), and subparagraph may be made on a prop­ the satisfaction of the Director of In■ _ national Operations that m e require by adding new paragraphs (f ), (g), and erly executed Form 4224, which shall be filed in duplicate with the withholding ments of section 1441(a) and § *• (h). These amended and added provi­ impose an undue administrative buraen sions read as follows: agent. The duplicate copy of each

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15591

for such taxable year and that the col­ come involved and such further condi­ out paragraph (e). These amended lection of the tax imposed by section tions as the Director of International provisions read as follows: 871(a) of section 881 on the members of Operations may require. This bond ouch partnership, or by section 881 on shall be executed by the .foreign partner­ § 1.1441—5 Claiming to be a person not such corporation, as the case may be, ship or foreign corporation and shall subject to withholding. will not be jeopardized by the exemption conform to the requirements of § 301.- * * * * * from withholding. As a general rule, the 7101-1 as to form of bond and surety re­ (b) Partnerships and corporations. : equipments of section 1441(a) and quired. If the exemption from with­ For purposes of chapter 3 of the Code a § 1.1441-1 will be considered to impose an holding is granted, the duplicate copy of written statement from a partnership undue administrative burden only in a the notice from the Director of Inter­ or corporation claiming that it is not a case where (i) the person entitled to the national Operations shall be filed with foreign partnership or foreign corpora­ income, such as a foreign insurance com­ the withholding agent and shall consti­ tion may be relied upon by the with­ pany, receives from the withholding tute authorization to pay the specified holding agent as proof that such part­ agent income on securities issued by a class or classes of income during the nership or corporation is domestic. single corporation, some of which is, and specified taxable year without deduction This statement shall be furnished to the some of which is not, effectively con­ of the tax at source under § 1.1441-1. No withholding agent in duplicate. It shall nected with the conduct of a trade or bond shall be required pursuant to this contain the address of the taxpayer’s business within the United States and subparagraph from a foreign corpora­ office or place of business in the United (ii) the criteria for determining the tion which is required to file a declara­ States and shall be signed by a member effective connection are unduly difficult tion of estimated income tax under sec­ of the partnership or by an officer of the to apply because of the circumstances tion 6016 for the taxable year in respect corporation. The official title of the under which such securities are held. of which the exemption from withhold­ corporate officer shall also be given. Thus, for example, if a foreign corpora­ ing applies. * * * * * tion carrying on a life insurance business (g) Annuities received under qualified in the United States finds that, because plans. Withholding is not required un­ (d) Definitions. For determining of the requirements of State law which der § 1.1441-1 in the case of any amount whether an alien individual is a resident cause its U.S. reserves to fluctuate fre­ of the United States see § 1.871-2. For quently, it is unduly difficult with respect received as an annuity if such amount is definition of the terms “foreign partner­ to any class of income to identify the exempt under section 871(f) and the ship” and “foreign corporation” see income which is, and the income which regulations thereunder from the tax im­ sections 7701(a) (4) and (5) and posed by section 871 (a). In order for the § 301.7701-5. is not, effectively connected with its con­ exemption provided by this paragraph to duct of business in the United States apply for any taxable year in those cases P ar. 8. Section 1.1442 is amended by during the taxable year, the corporation where the withholding agent is not the revising section 1442 and by adding a will be considered to have satisfied the employer by whom the annuity plan or historical note. These amended and requirements of subdivision (ii) of this added provisions read as follows: subparagraph. No exemption from with­ qualified trust under or from which such holding shall be granted under this para­ annuity is paid was established, the per­ § 1.1442 Statutory provisions ; withhold­ graph unless the person entitled to the son entitled to the annuity must file with ing of tax on foreign corporations. income complies with such other require­ the withholding agent a statement in Sec. 1442. Withholding of‘tax on foreign ments as may be imposed by the Director duplicate setting forth his name, address, corporations— (a) General rule. In the case and taxpayer identifying number, if any, of foreign corporations subject to taxation of International Operations and unless and certifying that he is not a citizen or under this subtitle, there shall be deducted the Director of International Operations resident of the United States and that and withheld at the source in the same man­ is satisfied that the collection of the tax the annuity in respect of which the state­ ner and on the same items of income as is on the income involved will not be jeop­ ment is filed is excluded from gross in­ provided in section 1441 or section 1451 a ardized by the exemption fi'om with­ tax equal to 30 percent thereof; except that, holding. come by reason of section 871(f). This in the case of interest described in section (2) Claiming exemption. In order for statement shall be dated, shall identify 1451 (relating to tax-free covenant bonds), the taxable year to which it relates, shall the deduction and withholding shall be at the exemption provided by subparagraph be signed by the person entitled to the the rate specified therein. For purposes of (1) of this paragraph to apply for any annuity, and shall contain, or be veri­ the preceding sentence, the references in sec­ taxable year the foreign partnership or. fied by, a written declaration that it is tion 1441(b) to sections 871(a)(1) (C) and the foreign corporation must file with the made under the penalties of perjury. No (D) shall be treated as referring to sections Director of International Operations, In­ 881(a) (3) and (4), the reference in section ternal Revenue Service, Washington, particular form is prescribed for the 1441(c)(1) to section 871(b)(2) shall be D.C. 20225, a statement indicating the statement. The duplicate copy of each treated as referring to section 842 or section statement filed during any calendar year 882(a) (2), as the case may be, and the refer­ reasons why specific classes of income pursuant to this paragraph shall be for­ ence in section 1441(c)(5) to section should be exempted from the withhold­ warded by the withholding agent with, 871(a) (1) (D) shall be treated as referring to ing requirements of § 1.1441-1 for such and attached to, the Form 1042S required section 881(a)(4). year. This statement shall show the by paragraph (c) of § 1.1461-2 with re­ (b) Exemption. Subject to such terms name and address of the withholding spect to such annuity for such calendar and conditions as may be provided by regu­ agent and of the person entitled to the year. lations prescribed by the Secretary or his income, the taxpayer’s identifying num­ delegate, subsection (a) shall not apply in ber, the class or classes of income to be . (h) Interest on bonds sold between in­ the case of a foreign corporation engaged in exempted from withholding, thé tradè or terest dates. Except as provided by par­ trade or business within the United States if agraph (b) (2) (ii) of § 1.1441-2, the tax the Secretary or his delegate determines that business with which such income is in the requirements of subsection (a) impose Part effectively connected, the identity of is not required to be withheld under an undue administrative burden and that the securities or other underlying prop­ § 1.1441-1 on accrued interest paid by the the collection of the tax imposed by section erty involved, and the taxable year dur­ buyer in connection with the sale of 881 on such corporation Will not be jeopard­ ing which such exemption is to apply. bonds between interest dates, even ized by the exemption. The Director of International Operations though the interest is subject to tax [Sec. 1442 as amended by sec. 104(c), Foreign shall notify the partnership or corpora­ under section 871 or section 881. The Investors Tax Act 1966 (80 Stat. 1557) ] tion by letter in duplicate of his deter­ exemption from withholding granted by mination in respect of the application for this paragraph is not a determination P ar. 9. Section 1.1442-1 is amended to exemption. The Director of Interna­ that the accrued interest is not fixed or read as follows: tional Operations may, as a condition determinable annual or periodical in­ § 1.1442—1 Withholding of tax on for­ Precedent to the allowance of the exemp­ come. eign corporations. tion from withholding for the taxable year, require a bond in such sum as the P ar. 7. Section 1.1441-5 is amended by For regulations respecting the with­ Commissioner may prescribe, conditioned revising the heading thereof, by revising holding of tax at source under section upon the payment of the tax on the in­ 1442 in the case of foreign corporations, paragraphs (b) and (d), and by striking see §§ 1.1441-1 and 1.1451-1.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10 1966 15592 PROPOSED RULE MAKING

Par. 10. The following new section is without regard to the date on which the Internal Revenue Service, Washington, inserted immediately after § 1.1442-1: obligations were issued. D.C. 20225, with the annual return on (2) Ownership certificates shall also Form 1042. § 1.1442—2 Exemption from withhold­ be filed in the case of interest paid on ***** ing of tax on foreign corporations. obligations of the United States or of (i) Form of ownership certificate for For regulations exempting certain for­ any agency or instrumentality thereof, nonresident aliens and foreign corpora­ eign corporations from the withholding irrespective of the date on which the ob­ tions. Form 1001 shall be used in pre­ requirements of section 1442 in a case ligations are issued or of the amount paring ownership certificates of nonresi­ where an undue administrative burden of the interest, if the obligations are dent alien individuals, foreign partner­ is imposed, see paragraph (f) of owned by a nonresident alien individual, ships, foreign corporations, and unknown § 1.1441-4. foreign partnership, foreign corporation, owners. A special variation of Form or an unknown owner. 1001 (designated by a letter or letters Par. 11. Section 1.1443-1 is amended (3) Notwithstanding subparagraphs to read as follows: following the number 1001) shall be (1) and (2) of this paragraph, owner­ used, however, in preparing ownership § 1.1443-1 Rents paid to foreign tax- ship certificates are not required to be certificates of persons claiming the bene­ exempt organizations. filed by— fit of an exemption from tax, or reduced In the case of a foreign tax-exempt or­ (i) A nonresident alien individual, rate of tax, granted by an applicable in­ ganization which is subject to the tax foreign partnership, or foreign corpora­ come tax convention in respect of inter­ imposed by section 511, any rents paid tion, engaged in a trade or business in est payments on coupon bonds. See the to such organization in a taxable year the United States during the taxable applicable tax treaty regulation and beginning after December 31,1966, which year, if the interest is effectively con­ paragraph (d) of this section. Form are includible under section 512 in de­ nected with the conduct of a trade or 1001, and the special variations of such termining its unrelated business taxable business within the United States by such form, shall be filed in duplicate. income, shall not be subject to with­ person and is exempted from with­ ***** holding under § 1.1441-1. See para­ holding under section 1441 or section graph (a) (2) of § 1.1441-4 for rules for 1442 by reason of paragraph (a) of Par. 14. Section 1.1465-1 is amended claiming the exemption from withhold­ § 1.1441-4, by revising paragraph (b) (1) to read as ing in the case of such rents. (ii) A nonresident alien individual, follows: foreign partnership, or foreign corpora­ §1.1465—1 'General provisions relating Par. 12. Section 1.1451-2 is amended by tion if the interest is treated under sec­ revising paragraph (c) to read as fol­ to withholding agents. tion 861(a)(1) and the regulations ***** lows: thereunder as income not from sources § 1.1451-2 Exemptions from withhold­ within the United States, or (b) Person designated to act for with­ (iii) A foreign partnership or foreign holding agent. (1)A debtor corporation ing under section 1451. having an issue of bonds or other similar ***** corporation engaged in trade or business in the United States during the taxable obligations which appoints a duly au­ (c) Other exemptions. The exemp­ thorized agent to act on its behalf under tions allowed by paragraphs (d) and (h) year, with respect to interest which is exempted from withholding under sec­ the withholding provisions of chapter of § 1.1441-4 shall also apply for pur­ 3 of the Code is required to file -a notice poses of section 1451. tion 1441 or 1442 by reason of paragraph (f) of § 1.1441-4. of such appointment with the Director Par. 13. Section 1.1461-1 is amended of International Operations, Internal by revising paragraphs (a), Cb), (d), (e), Revenue Service, Washington, D.C. (f)(3), and (i). These amended provi­ (d) Information shown on ownership 20225. certificate. The ownership certificate sions read as follows: shall show the name and address of the § 1.1461—1 Ownership certificates for obligor, the name and address of the Par. 15. Section 1.6042-3 is amended bond interest. owner of the obligations, a description by revising subparagraphs (2) and (3) of paragraph (b) to read as follows: (a) Tax-free covenant bond interest of the obligations, the amount of inter­ of citizens and residents of the United est and its due date, the rate at which § 1.6042—3 Dividends subject to report­ States. Citizens, resident individuals, tax is to be withheld, and the date upon ing. fiduciaries, and partnerships, and non­ which the interest coupons were pre­ sented for payment. The certificate ***** resident partnerships all of the members (b) Exceptions. * * * of which are citizens or residents, own­ shall also show the amount of tax if any (2) Any distribution or payment which ing bonds, mortgages, or deeds of trust, withheld; or if the certificate has been used under a tax treaty regulation to is subject to withholding under section or other similar obligations issued by a 1441 or 1442 (relating to withholding of domestic corporation, a resident foreign claim a release of tax withheld, then it shall show both the amount of tax with­ tax on nonresident aliens and foreign corporation, or a nonresident foreign corporations, respectively) by the person corporation having a fiscal or paying held and also the amount of tax released. This paragraph shall apply to all special making the distribution or payment, or agent in the United States, shall, when which would be so subject to withhold­ presenting interest coupons for payment, variations of Form 1001 referred to in paragraph (i) of this section. ing but for the provisions of a treaty, or file ownership certificates for each issue for the fact that it is attributable to in­ of such obligations issued befpre Jan­ (e) Ownership certificates not re­ quired. Ownership certificates are not come from sources outside the United uary 1, 1934, and containing a tax-free States, or for the fact that withholding covenant. This rule shall apply with­ required to be filed in the case of interest payments on— is not required by reason of paragraph out regard to the amount of the interest (a) or (f) of § 1.1441-4. coupons. (1) Obligations of a State, Territory, (b) Nonresident aliens and foreign or possession of the United States, or any (3) In the case of a nominee, any dis­ political subdivision of any of the fore­ tribution or payment which he receives corporations. (1) Nonresident alien and with respect to which he is required, individuals, foreign partnerships, for­ going, or of the District of Columbia; (2) Bonds, mortgages, or deeds of to withhold under section 1441 or 1442, eign corporations, and unknown owners, or would be so required to withhold ou owning bonds, mortgages, or deeds of trust, or other similar obligations issued by an individual or a partnership; and for the provisions of a treaty, or for the trust, or other similar obligations of a fact that the distribution or pay­ corporation, shall, when presenting in­ (3) Obligations owned by a domestic corporation or foreign government. ment is attributable to income from terest coupons for payment, file owner­ sources outside the United States, or o ship certificates for each issue of all (f) Interest coupons unaccompanied by ownership certificates. * * * the fact that withholding is not required such obligations whether or not the ob­ by reason of paragraph (a) or u) OI ligation contains a tax-free covenant. (3) The statement furnished pursuant This rule shall apply without regard to to this paragraph shall be forwarded to § 1.1441-4. the amount of the interest coupons and the Director of International Operations,

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15593 Par. 16. Section 1.6049-2 is amended § 31.3401 (a)-l Wages. by revising subparagraphs (3) and (4) of under section 3402 unless excepted from paragraph (b) to read as follows: ***** wages under this section. (b) Certain specific items. * * * (b) Remuneration for services per- § 1.6049—2 Interest subject to reporting. (13) Federal employees resident in formed outside the United States. * * * * * Puerto Rico. Except as provided in Remuneration paid to a nonresident (b) Exceptions. * * * paragraph (d) of § 31.3406(a) (6)-l, the alien individual (other than a resident (3) Any interest which is subject to term “wages” includes remuneration for of Puerto Rico) for services performed withholding under section 1441 or 1442 services performed by a nonresident alien outside the United States is excepted (relating to withholding of tax on non­ individual who is a resident of Puerto from wages and hence is not subject to resident aliens and foreign corporations, Rico if such services are performed as an withholding. respectively) by the person making the employee of the United States or any (c) Remuneration for services of resi­ payment, or which would be so subject agency thereof. The place where the dents of Canada or Mexico who enter and to withholding but for the provisions of a services are performed is immaterial for leave the United States at frequent in­ treaty, or for the fact that under section purposes of this subparagraph. tervals—(l) Transportation service. 861(a)(1) it is not from sources within Remuneration paid to a nonresident the United States, or for the fact that Par. 20. Section 31.3401(a)(6) is alien individual who is a resident of withholding is not required by reason of amended by revising its heading and by Canada or Mexico and who, in the per­ paragraph (a) or (f) of § 1.1441-4. revising the historical note. These formance of his duties in transportation (4) In the case of a nominee, any amended provisions read as follows: service between points in the United interest which he receives and with re­ § 31.3401(a) (6) A Statutory provisions; States and points in such foreign country, spect to which he is required to with­ definitions; wages; remuneration for enters and leaves the United States at hold under section 1441 or 1442, or would services of certain nonresident alien frequent intervals, is excepted from be so required to withhold but for the individuals. wages and hence is not subject to with­ provisions of a treaty, or for the fact that * * * * * holding. This exception applies to per­ under section 861(a)(1) it is not from [Sec. 3401(a) (6) as amended by sec. 110(g) sonnel engaged in railroad, bus, truck, sources within the United States, or for (1), Mutual Educational and Cultural Ex­ ferry, steamboat, and aircraft services the fact that withholding is not required change Act 1961 (75 Stat. 537); as in effect and applies whether the employer is a by reason of paragraph (a) or (f) of before amendment by sec. 103(k), Foreign domestic or foreign entity. Thus, the § 1.1441-4. Investors Tax Act 1966 (80 Stat. 1554) ] remuneration of a nonresident alien in­ dividual who is a resident of Canada and * * * * Par. 21. Section 31.3401(a) (6)-1 is an employee of a domestic railroad, for Par. 17. Section 1.6071-1 is amended te n d e d by revising the heading and by by adding new subparagraphs (15) and adding a new paragraph (e). These services as a member of the crew of a (16) to paragraph (c). These added amended and added provisions read as train operating between points in Canada follows: and points in the United States, is not provisions read as follows: subject to withholding under section 3402. § 1.6071—1 Time for filing returns and § 31.3401 (a ) (6)—1A Remuneration for (2) Service on international projects. other documents. services of certain nonresident alien Remuneration paid to a nonresident * * * '■* * individuals paid before January 1, alien individual who is a resident of Can­ 1967. 7 ’ (c) Time for filing certain information ada or Mexico and who, in the perform­ returns. * * * ***** ance of his duties in connection with the (15) For provisions relating to the (e) This section shall not apply withconstruction, maintenance, or opera­ time for filing ownership certificates with respect to remuneration paid after De­ tion of a waterway, viaduct, dam, or respect to interest payments on certain cember 31, 1966. For rules with respect bridge traversed by, or traversing, the bonds, mortgages, deeds of trust, and to such remuneration see § 31.3401(a) boundary between the United States and ( 6 ) — 1. Canada or the boundary between the other similar obligations, see § 1.1461-1. United States and Mexico, as the case (16) For provisions relating to the Par. 22. The following new sections are may be, enters and leaves the United time for filing annual information inserted immediately after § 31.3401(a) States at frequent intervals, is excepted return on Form 1042S of the tax with­ (5) —1: from wages and hence is not subject held under chapter 3 of the Code § 31.3401 (a) (6) Statutory provisions; to withholdings. Thus, the remunera­ (relating to withholding of tax on non­ tion of a nonresident alien individual resident aliens and foreign corporations' definitions; wages; remuneration for services of certain nonresident alien who is a resident of Canada, for services and tax-free covenant bonds), see para­ individuals. as an employee in connection with the graph (b) of § 1.1461-2. construction, maintenance, or operation Sec. 3401. Definitions—(a) Wages. For - Par. 18. Section 1.6072-4 is amended purposes of this chapter, the term “wages” of the Saint Lawrence Seaway and who, to read as follows: means all remuneration * * * for services in the performance of such services’ performed by an employee for his em­ enters and leaves the United States at § 1.6072—4 Time for filing other returns ployer * * *; except that such term shall not frequent intervals, is not subject to with­ of income. include remuneration paid— holding under section 3402. (a) Reports for recovery of excessive * * * * * (3) Limitation. The exceptions pro­ profits on Government contracts. For (6) For such services, performed by a non­ vided by this paragraph do not apply to the tune for filing annual reports by per­ resident alien individual, as may be desig­ the remuneration of a resident of Can­ sons completing Government contracts, nated by regulations prescribed by the Sec­ ada or of Mexico who is employed wholly see 26 CFR (1939) 17.16 (Treasury Deci­ retary or his delegate; or within the United States as, for example, sion 4906, approved June 23, 1939), and [Sec. 3401(a) (6) as amended by sec. 110(g) where such a resident is employed to per­ (1939) 16.15 (Treasury Decision (1), Mutual Educational and Cultural Ex­ form seroce at a fixed point or points in 4909, approved June 28, 1939), as made change Act 1961 (75 Stat. 537); sec. 103(k), the United States, such as a factory, applicable to section 1471 of the Internal Foreign Investors Tax Act 1966 (80 Stat’ store, office, or designated area or areas Revenue Code of 1954 by Treasury Deci­ 1554)J within the United States, and who com­ sion 6091, approved August 16, 1954 (19 mutes from his home in Canada or Mex­ F.R. 5167, C.B. 1954-2, 47). § 31.3401(a) (6)—1 Remuneration for servicesof nonresident alien individ­ ico, in the pursuit of his employment . (b) Returns of tax on transfers to avoid within the United States. income tax. For the time for filing re­ uals paid after December 31, 1966. turns of tax under chapter 5 of the Code, (a) In general. All remuneration (4) Certificate required. In order for see § 1.1494-1. paid after December 31,1966, for services an exception provided by this paragraph performed by a nonresident alien individ­ to apply for any taxable year, the non­ Par. 19. Section 31.3401 (a)-l is amend- ual, if such remuneration otherwise con­ Dy adding a new paragraph (b) (13) resident alien employee must furnish his t° read as follows: stitutes wages within the meaning of employer a statement setting forth the § 31.3401(a)-!, is subject to withholding employee’s name and address and certi- FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15594 PROPOSED RULE MAKING fying (i) that he Is not a citizen or shall be dated, shall identify the taxable resident of the United States,

FEDERAL REGISTER, VOL, 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15595 exists and that the period of notice, With respect to the percentage of the a member or alternate member to qualify, under the circumstances, is reasonable. handler’s concentrate required to be dis­ may be filled pursuant to section 22. Marketing agreement. The parties posed of in fulfillment of his secondary hereto, in order to effectuate the declared market obligation “handle” means to Sec. 26. Compensation and expenses. policy of the Agricultural Marketing sell, to contract to sell, or to deliver con­ The members of the Board, and the Agreement Act of 1937, as amended (48 centrate to a market designated as a alternate members when acting as mem­ Stat. 31, as amended; 7 U.S.C. 601-674), secondary market pursuant to section 7. bers, shall serve without compensation, and in accordance with the applicable but shall be allowed^ their necessary rules of practice and procedure govern­ Sec. 9. Handler or concentrator. expenses, actual or per cliem, as approved ing proceedings to formulate marketing “Handler” or “concentrator” means by the Board. agreements and marketing orders (7 CFR any person who handles concentrate and Part 900), desire to enter into this mar­ is a signatory hereto. Sec. 27. Procedure. keting agreement regulating handling of (a) Seventy-five percent of the Board frozen concentrated orange juice pro­ Sec. 10. Gallon of concentrate. shall constitute a quorum. duced in Florida, hereinafter referred to “Gallon of concentrate” means a unit (b) Any recommendation for (1) sec­ as “agreement,” and each party hereto of measure equal to 1 U.S. gallon of 44.8 ondary market percentage, (2) designa­ agrees that, during the effective time of degrees Brix concentrate. tion of secondary markets, (3) grades, this agreement, its handling of frozen Sec. 11. Fiscal period. containers, labeling, or storage require­ concentrated orange juice shall be in ments, (4) expenses or rate of assess­ conformity^to, and in compliance with, “Fiscal period” is synonymous with ment, or (5) other regulatory actions the provisions hereof, which are as “the effective period of this agreement” shall require concurrence of 75 percent follows: and shall begin with the effective date of the Board. D efinitions hereof and continuing for 24 months. (c) Actions other than those specified Sec. 12. Crop year. in (b) shall require a quorum and con­ Section 1. Secretary. currence of a majority of those present. “Secretary” means the Secretary of “Crop year” means the 12-month (d) Each member shall vote in person Agriculture of the United States, or any period beginning with August 1, 1966, and each vote shall be duly recorded. officer or employee of the U.S. Depart­ and ending July 31, 1967, both dates ment of Agriculture to whom authority inclusive. Sec. 28. Powers. has heretofore been delegated, or to Concentrate Marketing B oard The Board shall have the following whom authority may hereafter be dele­ powers : gated, to act in his stead. Sec. 20. Establishment and member­ ship. (a) To administer the agreement in Sec. 2. Act. / accordance with its terms and provisions ; A Concentrate Marketing Board is (b) ' To receive, investigate, and report “Act” means Public Act No. 10, 73d -hereby established to administer the to the Secretary, complaints of violations Congress (May 12, 1933), as amended terms and provisions of this agreement. of this agreement; and as reenacted and amended by the The Board shall consist of a member and (c) To recommend to the Secretary Agricultural Marketing Agreement Act alternate member from each of the amendments to this agreement; and of 1937, as amended (48 Stat. 31 as signatory concentrators who shall sub­ _(d) To the extent specifically per­ amended; 7 U.S.C. 601-674). mit nominations to the Secretary for mitted by the provisions contained in Sec. 3. Person. selection. this agreement, make. administrative “Person” means an individual, part­ Sec. 21. Eligibility. rules and regulations. nership, corporation, association, or any Each member and alternate member Sec. 2?. Duties. other business unit. shall be, at the time of his selection and The Board shall have the following Sec. 4. Board. during his term of office, an officer or em­ duties: ployee of a signatory concentrator. “Board” means the Concentrate Mar­ (a) To act as intermediary between keting Board established pursuant to sec­ Sec. 22. Selection. the Secretary and any concentrator; tion 20. The Secretary shall select members (b) To keep minutes, books, and other records which will clearly reflect all of Sec. 5. Concentrate. and alternate members of the Board in the numbers, and with the qualifications, its acts and transactions and these shall “Concentrate” means frozen concen­ specified in this agreement. Such selec­ be subject to examination by the Secre­ trated orange juice as defined in the tions may be made from nominations tary at any time. standards of identity (21 CFR 27.109) submitted by the signatories or from (c) .To investigate and assemble data issued pursuant to the Federal Food, other eligible persons. on the production, quality, yield, and Drug, and Cosmetic Act, as modified by marketing of concentrate. Regulation 105-1.19(e) January 20,1966, Sec. 23. Acceptance. (d) To submit to the Secretary such of the Florida Citrus Commission. Each person selected by the Secretary available information with respect to Sec. 6. Primary market. as a member or as an alternate member concentrate as he may request, and such shall, prior to serving, qualify by filing other information as the Board may “Primary market” means all markets with the Secretary a written acceptance deem desirable and pertinent; not designated as “secondary markets.” as soon as practicable after being notified (e) To select from among its members Sec. 7 .' Secondary markets. of such selection. a chairman and other officers; to estab­ lish subcommittees; and to adopt such “Secondary markets” means sales un- Sec. 24. Alternate members. ,.er Fublic Law 480, sales for use in pub- bylaws for the conduct of its business as uc or private schools, or in charitable in­ An alternate for a member shall act it may deem advisable; stitutions, and shall include such un­ in the place and stead of such member (f ) To appoint or employ such persons developed export market areas and other during his absence. In the event of a as it may deem necessary, including but secondary markets including nonnormal member’s removal, resignation, disquali­ not limited to consultants, and to deter­ outiets, specifically designated as such by fication, or death his alternate shall act mine the salaries and define the duties for him until a successor for such of each such person; taryBOard and approved by the Secre- member is selected and has qualified. (g) To cause the books of the Board to be audited by a certified public ac­ Sec. 8. Handle. Sec. 25. Vacancies. countant at least once during the fiscal period, and at such other times as the Handle” means to produce concen- Any vacancy occasioned by the re­ w7v~Lby manufacturing concentrate in Board may deem necessary, or as the vioncla or by acquiring concentrate from moval, resignation, disqualification, or Secretary may request, to submit two » person other than a handler in Florida. death of any member or alternate, or copies of each report of such audit report through failure of any person selected as to the Secretary, and to make available

No. 239---- 5 FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10 1966 15596 PROPOSED RULE MAKING does not enter into any primary market. by the Board during the remainder of the a copy which docs not contain confiden­ fiscal period to purchase concentrate tial data for inspection at the offices of Such rules, regulations, and safeguards may include a certification by the in­ eligible for disposal in primary markets the Board by concentrators; for distribution in secondary markets. (h) To prepare and submit to the tended purchaser or receiver that such concentrate will not be used for unau­ Any sum left over from such liquidated Secretary monthly statements of the damages shall be prorated among all con­ financial operations of the Board, and thorized purposes. (c) Nothing contained herein shall be centrators in the ratio of their respective to make such statements together with secondary market obligations. the minutes of the meetings of said construed to give the Board or the Sec­ retary the right to regulate in any man­ The remedies provided for in this sec­ Board available to concentrators for tion shall be in addition to, and not ex­ inspection at the offices of the Board; ner whatsoever that portion of a han­ dler’s concentrate which is permitted to clusive of, any of the remedies or penal­ (i) To give the Secretary the same ties provided in the act. notice of meetings of the Board as is be disposed of in primary markets, other given to members. than, as expressly provided in this agree­ Sec. 45, Designation of secondary (j) To investigate compliance with ment. markets. and to use such means as may be avail­ Sec. 42. Handler’s secondary market ob­ Upon recommendation of the Board, able to the Board to prevent violation of ligation. or other available information, the Sec­ the provisions of this agreement; Handler’s secondary market obligation retary may designate “secondary mar­ (k) To establish with the approval of means the obligation of a handler to dis­ kets” applying to the operation of this the Secretary such rules and regulations pose of in secondary markets a quantity agreement. Such designation may in­ as may be necessary or incidental to of concentrate equal to that obtained by clude market outlets not presently being administration of this agreement; and multiplying the secondary market per­ supplied by concentrators in substantial (l) To perform such duties as may be centage fixed by the Secretary to the volume. assigned to it from time to time by the handler’s production of concentrate dur­ The Secretary, after receiving a rec­ Secretary. ing the crop year. Each handler shall ommendation from the Board, may des­ R egulations meet his secondary market obligation not ignate additional secondary markets. Sec. 39. Marketing policy. later than December 1, 1968: Provided, R esearch That each handler shall meet at least 50 Prior to any recommendation pursuant percent of his secondary market obliga­ Sec. 46. Research and development. to section 40 of the Board shall prepare tion by December 1, 1967. Concentrate and submit to the Secretary a report The Board, with approval of the Sec­ disposed of in secondary markets shall retary may establish, or provide for the setting forth its recommended marketing meet such grade, container, labeling, and policy. In developing the marketing establishment of marketing research and storage requirements as may be estab­ development projects designed to assist, policy, the Board shall give consideration lished by the Board with the approval of to the production, harvesting, probable improve, or promote the marketing, dis­ the Secretary. tribution, and consumption of concen­ quality, and yield of the crop, demand Each handler shall, at his own expense, for concentrate in the various domestic trate in secondary markets. prior to shipping or disposal of any con­ The expense of such projects shall be and foreign markets, the probable as­ centrate in secondary markets, cause an sessable volume of concentrate for the paid from funds collected pursuant to inspection of such concentrate to be section 48, and shall not exceed 25 per­ purposes of assessment and such other made by the Federal or Federal-State In­ factors as may have a bearing on the cent of the total expenses authorized spection Service. A certificate of such pursuant to section 47. percentage of concentrate for disposal inspection shall be issued which shall in secondary markets. Notice of the contain, among other things, a certifica­ Expenses and Assessments' Board’s marketing policy shall be given tion as to whether such concentrate Sec. 47t Expenses. promptly by reasonable publicity to meets prescribed standards. Promptly handlers. The Board is authorized to incur such after inspection and certification, each expenses as the Secretary finds are rea­ Sec. 40. Recommendation for regula­ such handler shall submit, or cause to be sonable and likely to be incurred by it tions. submitted, to the Board at its office a during the fiscal period for the mainte­ Whenever the Board deems it advis­ copy of the certificate of inspection is­ nance and functioning of the Board, and able to regulate the handling of concen­ sued with respect to such concentrate. for such other purposes as the Secretary trate in the manner provided in section Sec. 43. Interhandler transfer. may, pursuant to the provisions of this 41, it shall so recommend to the Secre­ With prior approval of the Board, and agreement, determine to be appropriate. tary. pursuant to rules and regulations estab­ Sec. 48. Assessments. Sec. 41. Issuance of regulations. lished by the Board with the approval of the Secretary, any handler may transfer (a) Each handler shall pay to the (a) The Secretary shall upon the rec­ any or all of his secondary market obliga­ Board, upon demand, with respect to ommendation of the Board regulate, in tions to another handler who agrees to concentrate'first handled by him during the manner specified in this section, the comply with such obligation in addition the crop year his pro rata share of such handling of concentrate whenever he to his own. Such agreement shall be on expenses as the Secretary finds are rea­ finds, from the recommendations and in­ a form furnished by the Board, and shall sonable and likely to be incurred by the formation submitted by the Board, or be signed by the parties to the transfer. Board during the fiscal period. Each from other available information, that handler’s pro rata share shall be at the the regulation so recommended will tend Sec. 44. Liquidated damages. rate of assessment fixed by the Secretary to effectuate the declared policy of the In order to effectuate the provisions of per gallon of concentrate or its equiv­ act. Such regulation shall fix the per­ this agreement and the declared policy alent. The assessment rate may be in­ centage which handlers shall dispose of of the act, and since it will cause serious creased during the fiscal period to cover in the secondary markets and the per­ and substantial damage to the Board and a deficit. Such increase shall be appli­ centage of concentrate which handlers to handlers of concentrate, and it will be cable to all concentrate handled during may dispose of in the primary market: difficult if not impossible to prove the the crop year. Provided, That the percentage fixed for extent of such damage, each handler (b) In order to provide funds to carry secondary markets shall not exceed 15 who has failed to comply with his sec­ out the functions of the Board, the Board percent. The total of the percentages ondary market obligation as prescribed may borrow money or accept advance established for primary markets and in section 42 shall pay to the Board as payments from any handler to be secondary markets shall be 100 percent. liquidated damages $0.50 for each gallon credited toward such assessments as may (b) The Board shall, with the approval of concentrate by which he failed to meet be levied pursuant to this section such handler. of the Secretary, prescribe such rules, as specified the applicable part of such (c) The Board may use excess funds as regulations, and safeguards as it may obligation. Such sum is considered a deem necessary to ensure that concen­ fair measure of damages and not a pen­ are necessary to liquidate the affairs of trate for disposal in secondary markets alty. All such payments shall be used the Board upon termination of the agree-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15597 ment, and any excess remaining shall be Sec. 70. Rights of the Secretary. paid to each concentrator entitled there­ Sec. 77. Suspension or termination. to. A concentrator’s share of the excess The members of the Board (including (a) The Secretary may at any time funds shall be the amount of assessments successors or alternates) and any agent terminate the provisions of this agree­ he paid in excess of his actual pro rata or employee appointed or employed by ment by giving at least one day’s notice share of expenses of the Board during the the Board shall be subject to removal or by means of a press release or in any fiscal period. suspension by the Secretary at any time. other manner which he may determine. Each and every decision, determination, (b) The Secretary shall terminate or R eports, B ooks, and R ecords or other act of the Board shall be subject suspend the operation of any or all of the Sec. 50. Confidential information. to the continuing right of the Secretary provisions of this agreement whenever he to disapprove of the same at any time. All reports and information furnished finds that such provisions do not tend Upon such disapproval, the disapproved to egectuate the declared policy of the or submitted by handlers to the Board action of the Board shall be deemed null act. which include data or information con­ and void, except as to acts done in reli­ (c) The provisions of this agreement stituting a trade secret or disclosing the ance thereon or in accordance therewith shall terminate whenever the provisions trade position, financial condition, or prior to such disapproval by the of the act authorizing them cease to be business operations of the particular Secretary. in effect. handlers or their customs shall be re­ ceived by, and at all times be kept in the Sec. 71. Personal liability. Sec. 78. Procedure after termination. custody and under the control of, one No member or alternate member of the Upon the termination of this agree­ or more employees of the Board, who Board, nor any employee, represenative, ment, the members of the Board then shall disclose such information to no or agent of the Board shall be held functioning shall continue as joint trust­ person except the Secretary. Notwith­ personally responsible, either individually ees, for the purpose of liquidating the standing the above provisions of this or jointly with others, in any way what­ affairs of the Board. Action by such section, information may be disclosed to soever, to any person for errors in trustees shall require the concurrence of the Board when reasonably necessary to judgment, mistakes, or other acts, either a majority of said trustees. Such enable the Board to carry out its func­ of commission or omission, as such trusteees shall continue in such capacity tions under this agreement. member, alternate, employee, representa­ until discharged by the Secretary, and Sec. 51. Reports of acquisitions and ship­ tive, or agent, except for acts of shall account for all receipts and dis­ ments. dishonesty. bursements and deliver all property on Sec. 72. Separability. hand, together with all books and records Each handler shall file such reports of of the Board and the joint trustees, to his acquisitions, manufacture, and dis­ If any provision of this agreement is such person as the Secretary may direct; position of concentrate as may be re­ declared invalid, or the applicability and shall, upon the request of the Secre­ quired by the Board. thereof to any person, circumstance, or tary, execute such assignments or other Sec. 52. Other reports. thing is held invalid, the validity of the remainder, or the applicability thereof instruments necessary or appropriate to Upon the request of the Board with to any other person, circumstance, or vest in such person full title and right to the approval of the Secretary, each thing, shall not be affected thereby. all the funds, properties, and claims vest­ handler shall furnish such other reports ed in the Board or the joint trustees, and information as are needed to enable Sec. 73. Decoration. pursuant to this agreement. Any person the Board to perform its functions under Nothing contained in this agreement to whom funds, property, or claims have this agreement. is, or shall be construed to be, in deroga­ been transferred or delivered by the Board or the joint trustees, pursuant to Sec. 53. Records. tion or in modification of the rights of the Secretary or of the United States to this section, shall be subject to the same Each handler shall maintain such rec­ exercise any powers granted by the act or obligations imposed upon the members ords of concentrate acquired, manufac­ otherwise, or, in accordance with such of said Board and upon said joint tured, held, and disposed of by him, as powers, to act in the premises whenever trustees. will substantiate any required reports such action is deemed advisable. Sec. 79. Effect of termination. and will show performance under this agreement. Such records shall bé re­ Sec. 74. Duration of immunities. Unless otherwise expressly provided by tained for at least two years beyond the The benefits, privileges, and immunities the Secretary, the termination of this fiscal period. conferred upon any person by virtue of agreement or of any regulation issued this agreement shall cease upon its ter­ pursuant thereto, or the issuance of any Sec. 54. Verification of reports. mination, except with respect to acts amendment to either thereof, shall not For the purpose of checking and veri­ done under and during the existence (a) affect or waive any right, duty, obli­ fying reports filed by handlers or the thereof. gation, or liability which shall have operations of handlers under the pro­ arisen or which may thereafter arise in visions of this agreement the Secretary Sec. 75. Agents. connection with any provision of this and the Board, through duly authorized The Secretary may, by designation in agreement or any regulation issued agents, shall have access to any premises writing, name any person, including any thereunder or (b) release or extinguish where concentrate is manufactured or officer or employee of the U.S. Govern­ any violation of this agreement or any held by any handler, and at any time ment or name any service, division, or regulation issued thereunder, or (c) af­ during business hours, shall be permitted branch in the United States Department fect or impair any rights or remedies of to inspect any concentrate so held by of Agriculture, to act as his agent or rep­ the Secretary, or of any other person, such handler, and any and all records resentative in connection with any of with respect to such violation. of such handler with respect to the ac­ the provisions of this agreement. Sec. 80. Counterparts. quisition, manufacture, holding, or dis­ position of all concentrate which may be Sec. 76. Effective time. This agreement may be executed in held or which may have been disposed of The provisions of this agreement shall multiple counterparts and, when one by such handler. counterpart is signed by the Secretary, become effective at such time as the Sec­ all such counterparts shall constitute, M iscellaneous P rovisions retary may declare, and shall continue when taken together, one and the same Sec. 69. Compliance. in effect for one year: Provided, That instrument as if all signatures were con­ this agreement shall not become effective tained in one original. Excëpt as provided in this agreement, each handler shall dispose of concentrate unless handlers who produced not less Sec. 81. Additional parties. than 80 percent of the Florida produc­ m toe manner prescribed in this agree­ After the effective date of this agree­ ment and no handler shall dispose of tion of concentrate during the period ment, any handler may become a party concentrate except in conformance with August 1, 1965, through July 31, 1966, hereto if a counterpart is executed by toe provisions of this agreement. have signed this agreement. him and delivered to the Secretary.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15598 PROPOSED RULE MAKING This agreement shall take effect as to a pool plant during the months of Sep­ tentative marketing agreements and or­ such new contracting party at the time tember through January may automati­ ders regulating the handling of milk in such counterpart is delivered to the Sec­ cally continue to be a pool plant during the Oklahoma Metropolitan and North the following months of February Texas marketing areas. Interested retary. The benefits, privileges, and im­ parties may file written exceptions to munities conferred by this agreement through August. However, as shown in the final decision of the Acting Secretary this decision with the Hearing Clerk, shall be then effective as to such new U.S. Department of Agriculture, Wash­ contracting party. issued October 27, 1966 (31 F.R. 14028), . the intent was to continue the present ington, D.C. 20250, by the third day Emergency procedure. Consideration after publication of this decision in the also will be given at the hearing to the automatic pool supply plant standards of the Suburban St. Louis order whereby F ederal R egister. The exceptions question of whether the due and timely should be filed in quadruplicate. All execution of the functions of the Secre­ only supply plants qualifying as pool plants during the months of September written submissions made pursuant to tary of Agriculture under the act im­ this notice will be made available for peratively and unavoidably will require through January may maintain pool plant status during the following months' public inspection at the office of the the omission of a recommended decision Hearing Clerk during regular business and exceptions thereto. of February through August without Copies of this notice may be obtained making shipments of milk to pool distrib­ hours (7 CFR 1.27(b)). uting plants. The provision inadvert­ Preliminary statement. The hearing from the Director, Fruit and-Vegetable on the record of which the proposed Division, Consumer and Marketing Serv­ ently inserted in the order does not affect any existing pool supply plant but could amendments, as hereinafter set forth, to ice, U.S. Department of Agriculture, the tentative marketing agreements and Washington, D.C. 20250, or from Minard provide a means for supply plants not now associated with the market to qualify to the orders as amended, were formu­ F. Miller, Fruit and Vegetable Division, as pool supply plants in January 1967 lated, was conducted at Dallas, Tex., on Consumer and Marketing Service, .U.S. and then maintain pool plant status dur­ November 9, 1966, pursuant to notice Department of Agriculture, Post Office ing the following months February thereof which was issued October 17, Box 9, Lakeland, Fla. 33802. through August without further ship­ 1966 (31 F.R. 13607). Dated: December 8, 1966. ments of milk to the market. The material issue on the record of the Clarence H. Girard, The proposed action would continue hearing relates to temporary elimination Deputy Administrator, the present pooling requirements and of the supply-demand adjustors of Regulatory Programs. maintain orderly marketing of milk in orders. the area. Findings and conclusions. The follow­ [P.R. Doc. 66-13330; Piled, Dec. 9, 1966; All persons who desire to submit ing findings and conclusions on the ma­ 8:49 a.m..] written data, views, or arguments in con­ terial issue are based on evidence pre­ nection with the proposed tremination sented at the hearing and the record should file the same with the Hearing thereof: [ 7 CFR Part 1032 ] Clerk, Room 112-A, Administration Temporary elimination of the supply- Building, U.S. Department of Agricul­ demand adjustors of both orders. The MILK IN SOUTHERN ILLINOIS ture, Washington, D.C. 20250, not later effect of the supply-demand adjustments MARKETING AREA than 3 days from the date of publication on the Class I prices of the Oklahoma of this notice in the F ederal R egister. Metropolitan and North Texas milk or­ Notice of Proposed Termination of All documents filed should be in quad­ ders should be negated for the months Certain Provision of Order ruplicate of January through March 1967. All written submissions made pursuant This action will affect the Class I price Notice is hereby given that, pursuant to this notice will be made available for of the Red River Valley order because to the provisions of the Agricultural public inspection at the office of the it is established at a fixed differential Marketing Agreement Act of 1937, as Hearing Clerk during regular business above the Class I price of the Oklahoma amended (7 U.S.C. 601 et seq.), the ter­ hours (7 CFR 1.27 (b)). Metropolitan order although Red River mination of a certain provision of the milk supplies and sales are not included order regulating the handling of milk in Signed at Washington, D.C., on in computing the supply-demand ad­ the Southern Illinois marketing area is December 7, 1966. justment. The receipts and sales of being considered. Clarence H. G irard, Austin-Waco, Corpus Christi, Central The provision proposed to be termi­ Deputy Administrator, West Texas, and San Antonio are com­ nated is the last sentence in § 1032.12(c) Regulatory Programs. bined with those of the North Texas which reads “For the months of February [P.R. Doc. 66-13307; Filed, Dec. 9, 1966; market in computing the North Texas through August 1967, a supply plant may 8:48 a.m.] supply-demand adjustor which is re­ be a pool plant pursuant to this para­ flected in the Class I prices of the five graph if it was a pool plant in each orders. The Lubbock-Plainview Class I month from the effective date of this [ 7 CFR Parts 1106, 1126 ] price is established at a fixed differen­ order through January 1967’- and relates [Docket Nos. AO 210-A21, AO 231-A27] tial above the North Texas Class I price to the standards which apply to supply so that amendment of the North Texas plants for qualification as pool plants MILK IN OKLAHOMA METROPOLI­ supply-demand adjustor would be re­ during the period of February through TAN AND NORTH TEXAS MAR­ flected in the Class I price of that order. August of any year. KETING AREAS Proponents, including both handler Certain amendments to this order were and producer groups requested suspen­ issued November 28, 1966, to become Notice of Recommended Decision and sion, from December 1966 through effective January 1,1967. In their draft­ March 1967, of the supply-demand ad­ ing the above specified provision was Opportunity To File Written Excep­ tions on Proposed Amendments to justor to the Class I prices under these included inadvertently in the amend­ Texas and Oklahoma orders to provide ments which relate the pooling standards Tentative Marketing Agreements time in which a review, in depth, of such of supply plants. This provision as and to Orders adjustors could be made by a group com­ erroneously issued permits a supply plant Pursuant to the provisions of the Agri­ posed of industry representatives and a qualifying as a pool plant during January further hearing held to consider appro­ 1967 to continue as a pool plant during cultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601 et seq.), priate amendment of the orders. They the following months of February also requested that emergency action through August. and the applicable rules of practice and The Suburban St. Louis order, as procedure governing the formulation of be taken to suspend the December 1966 marketing agreements and marketing supply-demand adjustors. amended effective January 1, 1967, is a Since incorporation of the supply-de­ “continuing” order and is newly desig­ orders (7 CFR Part 900), notice is hereby nated the Southern Illinois order. The given of the filing with the Hearing Clerk mand adjustment to the Class I present order (Suburban St. Louis) re­ of this recommended decision with re­ in the North Texas order in 1951 and the quires that a supply plant qualifying as spect to proposed amendments to the Oklahoma Metropolitan order in 1952

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15599 (formerly Oklahoma City and Tulsa) resulted in frequent changes in the Class there have been significant changes in minations are hereby ratified and af­ I price levels of the Oklahoma markets. firmed, except insofar as such findings milk marketing in this region. Addi­ The North Texas supply-demand adjus­ tional orders have been issued to cover and determinations may be in conflict tor is not as sensitive as the Oklahoma with the findings and determinations set territory intervening between these mar­ adjustor to short time changes in the forth herein. kets. Fewer plants now distribute miib- supply and demand relationship. over wider areas with a consequent com­ (a) The tentative marketing agree­ Both producer and handler repre­ ments and the orders, as hereby proposed petition for fluid milk sales among the sentatives requested that for an interim to be amended, and all of the terms and various Texas and Oklahoma markets. period the supply-demand adjustor not conditions thereof, will tend to effectu­ Milksheds of the intervening orders have be used in determining Class I pricey in ate the declared policy of the Act; tended to overlap those of the North the Oklahoma and Texas markets. (b) The parity prices of milk as de­ Texas and Oklahoma Metropolitan They stated that it is impossible to fore­ markets. termined pursuant to section 2 of the cast precisely what effect the adjustors Act are not reasonable in view of the There is a considerable competition would have on Class I prices through price of feeds, available supplies of for Class I sales between the North March 1967. An industry group con­ feeds, and other economic conditions Texas, Red River Valley, and Central sisting of handlers and producers has which affect market supply and demand West Texas markets.- Also there is ex­ been formed to consider objectively what for milk in the specified marketing areas, tensive overlapping of procurement and improvements could be made in the op­ and the minimum prices specified in the Class I sales areas between Central West eration of supply-demand adjustors in proposed marketing agreements and the Texas, Lubbock-Plainview, and the Texas this region. This industry group has orders, as hereby proposed to be Panhandle markets. Class I milk is dis­ met twice and had scheduled another amended, are such prices as will reflect tributed from plants of handlers under meeting to evaluate supply-demand ad­ the aforesaid factors, insure a sufficient the Oklahoma Metropolitan order on justments at the time of the hearing. quantity of pure and wholesome milk, routes in the Texas Panhandle, Red River Eliminating the effect of the supply- and be in the public interest; and Valley, and North Texas marketing demand ^adjustors on the Class I prices (c) The tentative marketing agree­ areas. Industry witnesses claim that of the North Texas and Oklahoma ments and the orders, as hereby pro­ there is a problem of Class I price" align­ Metropolitan orders from January posed to be amended, will regulate the ment among these markets because two through March 1967 will facilitate the handling of milk in the same manner separate and disparate supply-demand development and adoption of any im­ as, and will be applicable only to per­ adjustors apply to some receipts and provements that the industry group may sons in the respective classes of indus­ sales in this area while no supply-de­ be able to present at a later hearing. trial and commercial activity specified mand adjustor applies to receipts and Currently, the supply-demand adjust­ in, marketing agreements upon which sales under the Texas Panhandle order. ments under both orders are having little a hearing has been held. While each of these supply-demand effect either upward or downward on Recommended marketing agreement adjustors has been amended at various Class I prices. There is currently no and order amending the order. The times since first included in the respec­ reason to expect any substantial adjust­ following order amending the order as tive orders, there has been no common ment under either order during the next amended regulating the handling of mill? consideration of the relationship between few months. Continuation of this rela­ in the Oklahoma Metropolitan market­ the two orders. The adjustors in their tionship for the ensuing three-month ing area is recommended as the detailed present form each became effective as of period of January through March will and appropriate means by which the December 1, 1961. remove a possibility of extraneous fac­ foregoing conclusions may be carried The North Texas shpply-demand ad­ tors interfering with the in-depth re­ out. The recommended marketing justor does not reflect the receipts and view of the supply-demand relationships agreement is not included in this de­ sales data for the Texas Panhandle and in the Texas and Oklahoma region. cision because the regulatory provisions Lubbock-Plainview order markets. It There is no need for amendatory thereof would be the same as those con­ does, however, include sales and receipts action or suspension of the supply- tained in the order, as hereby proposed of the individual-handler pool markets demand adjustments for December 1966, to be amended: of Austin-Waco and Corpus Christi. as requested. Official notice is hereby Section 1106.51(a) of the Oklahoma Performance standards for pool plants taken that the adjustments did not Metropolitan order is revised as follows: under individual-handler pool orders are change from November to December low in relation to those of marketwide 1966 in either the North Texas order § 1106.51 Class prices. pool orders. These relatively low pooling (—2 cents) or the Oklahoma Metro­ * * * * * requirements are conducive to allowing politan order (0). Therefore, requests (a) Class I milk. The basic formula month-to-month shifts in the quantity for suspension of the adjustments on an price for the preceding month plus $1.48 of receipts and Class I sales that are emergency basis for December 1966 is during the months of April, May and pooled under these orders. This can denied. June and $1.88 during all other months, result in substantial fluctuation in the Rulings on proposed findings and con­ except that for each of the months of data used in computing the supply-de­ clusions. Briefs and proposed findings September through December, such price mand adjustor and change the Class I and conclusions were filed on behalf of shall not be less than that for the pre­ price for a considerable period of time certain interested parties. These briefs, ceding month, and that for each of the even though the milk might have been proposed findings and conclusions and months of April through June such price under the individual-handler pool order the evidence in the record were con­ shall not be more than that for the pre­ for only 1 month. sidered in making the findings and con­ ceding month. To this price add or sub­ Gross Class I sales are used in compu­ clusions set forth above. To the extent tract a supply-demand adjustment of tation of both supply-demand adjustors, that the suggested findings and conclu­ not more than 50 cents (no supply-de­ but only receipts of producer milk. One sions filed by interested parties are mand adjustment shall apply for each of large handler has substantial sales in­ inconsistent with the findings and con­ the months of January through March cluded in the adjustor, but only a rela­ clusions set forth herein, the requests 1967) computed as follows: tively small portion of his receipts. to make such findings or reach such ***** Proponents pointed out that much of conclusions are denied for the reasons Recommended marketing agreement the difficulty experienced in attaining previously stated in this decision. and order amending the order. The Class I price alinement throughout this General findings. The findings and following order amending the order as area may be attributed to the different determinations hereinafter set forth are amended regulating the handling of supply-demand adjustors used in the supplementary and in addition to the milk in the North Texas marketing area North Texas and Oklahoma Metropolitan findings and determinations previously is recommended as the detailed and ap­ markets. The Oklahoma Metropolitan made in connection with the issuance propriate means by which the foregoing adjustor changes the Class I price rela­ of the aforesaid orders and of the pre­ tively quickly as short time changes oc­ conclusions may be carried out. The viously issued amendments thereto; and recommended marketing agreement is cur in the supply-sales situation. It has all of said previous findings and deter- not included in this decision because the

FEDERAL REGISTER, V O L 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15600 PROPOSED RULE MAKING regulatory provisions thereof would be Chief, Air Traffic Division, Federal Avia­ Issued in Los Angeles, Calif., on De­ the same as those contained in the or­ tion Agency, 5651 West Manchester Ave­ cember 2,1966. der, as hereby proposed to be amended: nue, Post Office Box 90007, Airport Sta­ J oseph H. Tippets, tion, Los Angeles, Calif. 90009. All com­ Director, Western Region. Section 1126:51 (a) of the North Texas munications received within 30 days after order is revised as follows: [P.R. Doc. 66-13268; Piled, Dec. 9, 1966; publication of this notice in the F ederal 8:45 a.m.] §1126.51 Class prices. R egister will be considered before action * * * * * is taken on the proposed amendment. No public hearing is contemplated at this (a) Class I price. The Class I price time, but arrangements for informal con­ shall be the basic formula price for the ferences with Federal Aviation Agency DEPARTMENT OF COMMERCE preceding month (rounded to the nearest officials may be made by contacting the Office of the Secretary one-tenth cent) plus $1.85 for the Regional Air Traffic Division Chief. Any months of March through June, and data, views, or arguments presented dur­ [ 23 CFR Part 245 3 plus $2.25 for all other months; and ing such conferences must also be sub­ [Docket No. 3; Notice No. 1] subject to a supply-demand adjustment mitted in writing in accordance with this of not more than 50 cents (no supply- notice in order to become part of the rec­ INITIAL FEDERAL MOTOR VEHICLE demand adjustment shall apply for each ord for consideration. The proposal con­ SAFETY STANDARDS of the months of January through March tained in this notice may be changed in 1967) computed as follows: Notice of Proposed Rule Making • # ♦ * * the light of comments received. A public Docket will be available for Correction Signed at Washington, D.C., on De­ examination by interested persons in the In F.R. Doc. 66-13067, appearing at cember 7,1966. office of the Regional Counsel, Federal page 15212 of the issue for Saturday, Clarence H. Girard, Aviation Agency, 5651 West Manchester December 3, 1966, the entries in the Deputy Administrator, “Item” column of Table I of Motor Vehi­ Regulatory Programs. Avenue, Los Angeles, Calif. 90045. cle Safety Standard No. 108 are not This amendment is proposed under the [F.R. Doc. 66-13305; Piled, Dec. 9, 1966; properly aligned with entries in the other 8:48 a.m.] authority of section 307(a) of the Fed­ columns. As corrected, Table I of Motor eral Aviation Act of 1958, as amended Vehicle Safety Standard No. 108 reads (72 Stat. 749; 49 U.S.C. 1348). as follows: FEDERAL AVIATION AGENCY T a b l e I [ 14 CFR Part 71 ] Number and color in accordance with Society of Automotive Engineers Standard J678a, April 1965, required on— In accordance with SAE standard or [Airspace Docket No. 66—WE—74] Item recommended TRANSITION AREA Passenger cars, trucks, Trailers Motorcycles practice and buses Proposed Alteration J580a, June 1966, Headlamps.. 2 white, 7-inch, Type 2 The Federal Aviation Agency is con­ headlamp units; or 2 and J679a, sidering an amendment to Part 71 of the white, 5%-inch, Type 1 August 1965. headlamp units and 2 Federal Aviation Regulations. It is pro­ white, 5?i-inch, Type 2 posed to amend the Idaho Falls, Idaho, headlamp units. 1 white______J584, April 1964. transition area in § 71.181 (31 F.R. 2202) J585c, June 1966. Taillamps______2 red______red------1 fed______red to amber__ 1 red to amber.. J586b, June 1966. as follows: Stoplamps...... 2 red to amber______J587b, April 1964. License plate lamp.. 1 white______white...... 1 white______I daho P alls, I daho amber______1 amber------J592b, April 1964. Parking lamps____ 2 amber______J594c, February Reflex reflectors___ 4 Class A red; 2 Class A Class A red; 2 3 Class B red; 2 That airspace extending upward from 700 amber. Class A amber, Class B amber. 1965. feet above the surface within miles NW red; 2 amber__ J592b, April 1964. 8 Side-marker lamps. 2 red; 2 amber.______... J593b, May 1966. and 5 miles SE of the Idaho Palls VOR 030° Backup lamp_____ 1 white______J588d, June 1966. Turn-signal lamps.. 2 Class A red to amber; 2 1 Class A red to and 223° radials, extending from 12 miles amber. Class A amber. J589, April 1964. SW to 12 miles NE of the VOR; and that Turn-signal operat­ 1...... -...... airspace extending upward from 1,200 feet ing unit. J590b, July 1965. above the surface bounded on the N and E Turn-signal flasher . J910, January 1965. by the arc of a 23-mile radius circle cen­ Vehicular hazard tered on the Idaho Palls VOR, extending warning signal operating unit. J945, February 1966. clockwise from the E edge of V—257 to the S Vehicular hazard edge of V—330, on the S by the S edge of warning signal V—330 and latitude 43°27'00" N., on the W by flasher. the E edge of V-257; that airspace SW of Idaho Falls bounded on the N by latitude 1. Notice is hereby given of proposed 43°27'00" N., and the S edge of V-330, on the FEDERAL COMMUNICATIONS rule-making in the above-e n t i 1 1 e d SE by a line 9 miles SE of and parallel to matter. the Idaho Falls VOR 213° radial, on the S by 2. The Commission issued a notice oi latitude 43°14'30” N., on the W by the E edge COMMISSION proposed rule making in Docket No. 13847 of V-257; and that airspace extending up­ [ 47 CFR Part 21 3 ward from 9,700 feet MSL within a 23-mile (adopted Nov. 8, 1960 and released Nov. radius of the Idaho Palls VOR, extending [Docket No. 17023; PCC 66-1086] 14, 1960) wherein it was proposed to clockwise from the S edge of V-330 to the E amend Parts 10, 11, 16, and 19 (now 89, edge of V—21. DOMESTIC PUBLIC RADIO SERVICES 91, 93, and 95) of its rules to reduce the OTHER THAN MARITIME MOBILE separation (from 50 kc/s to 25 kc/s) be­ The proposed transition areas are re­ tween assignable frequencies in the 450- quired to permit maximum utilization of Notice of Proposed Rule Making 470 Mc/s band. Upon consideration oi radar vector service in the Idaho Falls the comments filed in that proceeding terminal area. In the matter of amendments of Sub­ and other relevant information, the Interested persons may participate in parts C, G, H, and I of Part 21 of the Commission issued a first report and or­ the proposed rule making by submitting Commission’s rules to reduce the separa­ tion between assignable frequencies in der in Docket No. 13847 wherein tech­ such written data, views, or arguments nical standards were adopted to permit as they may desire. Communications the 450-470 Mc/s band for Domestic Pub­ lic Radio Services (other than Maritime operation of radio facilities upon fre­ should be submitted in triplicate to the quencies separated by 25 kc/s ih ^ Director, Western Region, Attention: Mobile) ; Docket No. 17023.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15601 band. Certain mandatory dates for im­ shall be deemed to be the assigned fre­ order of the Commission, frequencies in the plementation of such standards were also quency) : 454.675-455.000 Mc/s and 459.675-460.000 prescribed therein. Mc/s bands are not available for operation of 3. The Commission believes that these new radio facilities in the Domestic Public same technical standards and time limits • Frequency tolerance (percent) Land Mobile Radio Service. In the interim, should be applied to common carrier ra­ the authorizations of stations using such fre­ Frequency range All fixed Mobile Mobile . quencies may be renewed, subject to Com­ dio services in the 450-470 Mc/s band (Mc/s) and base stations stations 3 mission determination relative to use of such and that the public interest, convenience, stations over 3 watts or watts 1 less 1 frequencies by the public air-ground radio­ and necessity would be served thereby. telephone service. Accordingly, it is proposed to amend Sub- 25 to 50...... 0. 002 0.002 0.005 (c) Far assignment to stations of com- parts C, G, H, and I of Part 21 of the 50 to 450____ _ .0005 . 0005 .005 Commission’s rules as set forth below. 450 to 470____ .00025 .0005 .0005 munciation common carriers not also The changes proposed require tightening 470 to 1,000... .0005 .0005 .005 engaged in the business of providing a 2,110 to 2,200... .001 public landline message telephone serv­ of frequency tolerance limits to 0.00025 2,200 to 10,000.. .05 . 05 .05 percent for fixed and base stations and to 10,000 to 40,000. .75 • .7 5 .75 ice for General and Dispatch Communi­ 0. 0005 percent for all mobile stations, re­ cations (provided that Signaling Com­ duction of frequency deviation due to 1 Below 470 Mc/s, transmitter plate power input to the munications may also be furnished by final radio frequency stage, as specified in the Com­ any facility rendered such General or modulation to 5 kc/s in lieu of 15 kc/s, mission’s Radio Equipment List, Part C. Above 470 and the use of a postlimiter rolloff filter Mc/s, transmitter power output, as specified in the Dispatch service) : with characteristics recommended by Commission’s. Radio Equipment List, Part C. M obile, Working Group 8 of the Land Mobile (b) In the frequency band 450 to 470 disp a tch , an d aux­ Advisory Committee. All systems, exist­ Mc/s, radio facilities authorized prior iliary test ing and new, will be required to operate to November 1, 1967, shall be permitted sta tio n with deviation reduced to ± 5-kc/s within to operate within the following fre­ 6 months after the effective date of the quency tolerance (percent) of the ref­ Base station fre- qu en cies report and order adopting these stand­ erence frequency until November 1. quencies (Mc/s) : (Mc/s) ards in this proceeding. All systems au­ 1971: 152.03 ------158. 49 152.06 158. 52 thorized prior to November 1, 1967, will (1) All fixed and base stations: 0.0005 152.09 ------158. 55 have to conform to all of the proposed percent. new technical standards (viz bandwidth, * (2) All mobile stations (over 3 watts) : 152152.15 îa ------158.61 tolerance, and rolloff filter) by November 0.0005 percent. 152.18 158.64 1. 1971. (3) All mobile stations (3 watts or 152.21 ______------_____ 158, 67 4. Authority for the rule amendments less) : 0.005 percent. 48f-925 ------1 | ------459.025 proposed herein is contained in sections 4f 4'989 — ------459.050 2. Section 21.501 (b), (c), and (i) is f®f-978 — ;------—— ------459.075 4(i) and 303 (r) and 307(d) of the Com­ amended to read as follows: 484499 ------— 459. 100 munications Act of 1934, as amended. 4 8 4 4 ?8 ------459. 125 5. Pursuant to the applicable proce­ § 21.501 Frequencies. 484489 ------459. 150 dures set forth in § 1.415 of the Commis- * * * % * ------— ------,------459. 175 454.200 ------______459. 200 sion’s rules, interested persons may file (b) For assignment, to stations of comments on or before January 9, 1967, iff* ? ? ? ------—------459. 225 communication common carrier engaged 454.250 459.250 and reply comments on or bef ore January also in the business of affording public ------459.275 19, 1967. All relevant and timely com­ landline message telephone service, for 4£4-f9? 459.300 ments and reply comments will be con­ General and Dispatch Communications sidered by the Commission before final (provided that Signaling Communica­ 454.350 ------459.350 action is taken in this proceeding. . In tions may also be furnished by any fa­ * * * * * reaching its decision in this proceeding, cility rendering such General or Dis­ (i) In lieu of a wireline circuit for the Commission may also take into ac­ patch Service) : control of. a specific base station trans­ count other relevant information before Mobile, dispatch, mitter from its required control point it, in addition to specific comments in­ an d au xiliary te s t or in lieu of wirelines for an audiocircuit vited by this notice. Base station fre- station frequencies quencies (Mc/s) : (M c/s) to a base station control point from a re­ 6. In accordance with the provisions of 152.51 ------157, 77 motely located fixed receiver used for § 1.419 of the rules, an original and 14 152.54 157. 80 reception of mobile station transmissions, copies of all comments, replies, pleadings, 152.57 ------1.57. 83 and upon an affirmative showing that the briefs, and other documents shall be fur­ 152.60 157. 86 conditions set forth in subparagraphs (1) nished the Commission. 152.63 ------»------157. Qg through (5) of this paragraph are satis­ 152.66 157. 92 fied, a single control and repeater station Adopted: November 30,1966. Î 82-8? ------157.95 152.72 may be authorized to miscellaneous com­ Released: December 2,1966. 157. 98 mon carriers upon the frequencies in­ ÎÜo'™------158-01 dicated below: F ederal Communications R epeater Commission,1 sta tio n a Î a 'aIS . ------459. 375 [Seal] B en F. Waple, fV6------— :■------459. 400 Control station quencies Secretary. 4j?4'42® ------459.425 f®4/48? ------459. 450 J l S £ enCieS (MC/S): (^c/s) 1. Section 21.101 is amended to read as follows: t®4'4^ ------459. 475 4 8 4 8 9 9 ------459.500 S ?5 I:::::::;;::;::;;;: S SS 4“4’8 2 8 ------——— ------459. 525 § 21.101 Frequency stability. 454.550 ------__ 459. 550 S t i S - - - - - ...... - JK S S 454.575 (a) 'Hie carrier frequency of each 459. 575 £ SS: ilg transmitter authorized in these services ------459.600 454.175 _____ shall be maintained within the following cra "------— 459. 625 454.200 ------_____ ' 459 2J0 454.700aka'*™ 1------i 459 459. 799658 454.225 ------I : : : " " " 459 22? Percentage of the reference frequency 454.250 ------"4 5 9 2 5 0 except as otherwise provided in para­ graph (b) of this section (unless other- 4.84-899 1 ------1459. 800 454.300 ______4 5 9 3 0 0 Wise specified in the instrument of station S t o o S i------1459. 850 authorization the reference frequency StSS!::::::::::::::::::::::: H R S 454.350 ...... (1) The control station, and the base 1 Pending promulgation of rules and regu­ 1 Commissioners Bartley and W adsworth station controlled thereby, are located absent. lations to govern the public air-ground radio­ over 50 airline miles from the nearest telephone service, and subject to further geographical boundary of the nearest FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15602 PROPOSED RULE MAKING pairs of 152-162 Mc/s band frequencies listed Central office and Rural subscriber and urbanized area having a population over in paragraph (c) of this section are not interoffice station interoffice station 300,000 (as determined and defined in assigned or applied for within interference frequencies (Mc/s) : frequencies (Mc/s) the most recent census reports of the U.S. range of existing or possible station assign­ 152.03 2 ______;______2 158.49 Bureau of the Census). ments within the urbanized area having a 152.06 2 ______* 158- 52 (2) The repeater station, and the point population of over 300,000 and, upon a satis­ 152.09 2 ______- ______2 158. 55 to which its transmissions are directed, factory showing, that in such area over a 152.12 2 ______2 158. 58 are located over 50 airline miles from the substantial period of years the growth of 152.15 2 ______2 158. 61 the public land mobile radio service has not 152.18 2 ___- ______— 2 158. 64 nearest geographical boundary of the been hampered and is not likely to be ham­ 152.21 2 ______2 158. 67 nearest urbanized area having a pop­ pered by a shortage of frequencies allocated 152.511 ______1 157. 77 ulation over 300,000 (as determined and to such service in the 152 to 162 Mc/S band. 152.541 ______1 157. 80 defined in the most recent census reports Facilities authorized under the provisions of 152.571 ______^ ------1 157. 83 of the U.S. Bureau of the Census). such waivers shall be on a secondary basis 152.601 ______1 ------1 157. 86 (3) The effective radiated power of the and subject to the condition that, in the 152.63 1 ______:______1 157. 89 control or repeater station does not ex­ event the frequencies are required for assign­ 152.661 ______1 157. 92 ment to base and mobile stations in the area, 152.69 1 ______1 157. 95 ceed 150 watts. operation thereon shall be terminated within 152.72 1 ------1 157. 98 (4) The use of the frequencies by a 60 days after notice is received from the 152.75 1______1 158. 01 control or repeater station will not cause Commission. 152.78 1 ______- ______1 158. 04 harmful interference to any other station 152.811 ______1 158. 07 authorized to use such frequencies and (3) Section 21.507(b) is amended to 2 459. 025 shall be on a secondary basis to the pro­ read as follows: 454.05 2 ______2 459. 05 vision of mobile and rural radio service 2 459.075 § 21-507 Bandwidth and emission limi­ 454.10 2 ______2 459. 10 by other classes of stations. tations. 2 459.125 (5) . Series operation of more than one 4c 4t ' * * * 454.15 2 ______2 459.15 control or repeater station is not involved. (b) The maximum authorized band­ 2 459.175 No t e : The provisions of subparagraphs (1) width of emission and, for the cases of 454.20 2 ______2 459.20 and (2) of this paragraph may be waived by frequency or phase modulated emissions, 2 459.225 the Commission upon a factual showing, sup­ 454.25 2 ______2 459. 25 ported by such engineering proof as may be the maximum authorized frequency de­ 2 459.275 necessary, that all of the currently assignable viation shall be as follows: 454.30 2 ______2 459. 30 2 459. 326 150-500 Mc/s 454.35 2 ______2 459.35 25-50 Mc/s 50-150 Mc/s 454.3751 ______1459. 375 454.401 ______1 459. 40 Type of emission Frequency Authorized Frequency Authorized Frequency Authorized deviation 454.425 1 ______- ______1 459. 425 bandwidth deviation bandwidth deviation bandwidth 454.45 1 ______1 459. 45 (kc/s) (kc/s) (kc/s) (kc/s) (kc/s) (kc/s) 454.475 1 ______1459. 475 454.501 ______- 1459. 50 1 454.525 1 ______1 459. 525 A l. 3 A2. 8 454.55 1 ______1459. 55 A3. 3 454.575 1 ______1 459. 575 FI. .15 454.601 ______— 1 459.60 F 2 . i 20 F 3 . 454.625 1 ______1 459. 625 454.65 1 ___L______1459. 65 i In the frequency band 450 to 470 Mc/s, radio facilities using frequency modulated or phase 454.7013 ______1 3 459. 70 Authorized Drior to Nov. 1,1967, shall be permitted to operate with bandwidth.of 40 kc/s or lessand 454.75 1 3 ______1 8 459. 75 frequency devtotion^f 15 kc/s or less until (date to be specified wifi be 6 months after the effective date of rules being 454.8013 ______- ______1 3 459. 80 promulgated herein). 454.85 1 3 ______13 459. 85 ***** emission, shall be equipped with a modu­ 454.901 3 ______.______13 459. 90 4. Section 21.508(f) is amended and a lation limiter in accordance with the 454.9513 ______13 459. 95 new paragraph (g) is added to read as provisions of paragraph (e) of this sec­ 1 This frequency is available for assignment tion and also shall be equipped with a only to stations of communication common follows: low-pass audio filter installed between carriers not also engaged in the business of § 21.508 Modulation requirements. the modulation limiter and the modu­ providing a public landline message tele­ phone service. ***** lated stage. At audiofrequencies be­ tween 3 kc/s and 20 kc/s, the filter shall 2 This frequency is available for assignment (f) Each transmitter, which operates only to stations of communication common on frequencies below 450 Mc/s and em­ have an attenuation greater than the carriers not also engaged in the business of ploys type A3 or F3 emission, shall be attenuation at 1 kc/s by at least: providing a public landline message tele­ equipped with a modulation limiter in 60 log10 (f/3) decibels phone service. (N o t e : There is pending in Docket 13847, a proposal to delete frequencies accordance with the provisions of para­ where “f” is the audiofrequency in kilo­ available for central office and interoffice graph (e) of this section and also shall cycles per second. At audiofrequencies stations for miscellaneous common earners be equipped with a low-pass audio filter above 20 kc/s, the attenuation shall be and to retain the frequencies for rural sub­ installed between the modulation limiter at least 50 decibels greater than the scriber stations as designated by this foot­ and the modulated stage. At audio­ 1 note designator 2.) frequencies between 3 kc/s and 15 kc/s, attenuation at kc/s. 3 Pending promulgation of rules and regu­ the filter shall have an attenuation 5. Section 21.601(a) is amended to lations to govern the public air-ground greater than the attenuation of 1 kc/s read as follows: radiotelephone service, and subject to fur­ by at least: ther order of the Commission, frequencies in § 21.601 Frequencies. 40 log10 (f/3) decibels the 454.675-455.000 M c/s and 459.675-460.000 where “f” is the audiofrequency in (a) The following frequencies are Mc/s bands are not available for operation of kilocycles per second. At audiofrequen­ available primarily to the Domestic new radio facilities in the Rural Radio Serv­ cies above 15 kc/s, the attenuation shall Public Land Mobile Radio Service and ice. In the interim, the authorizations of be at least 28 decibels greater than the on a secondary basis, to stations in the stations using such frequencies may be re­ attenuation at 1 kc/s. Rural Radio Service, provided no harm­ newed, subject to Commission determination (g) Each transmitter which operates ful interference is caused to stations in relative to use of such frequencies by the on frequencies between 450 Mc/s and the Domestic Public Land Mobile Radio public air-ground radiotelephone service. 470 Mc/s and employs type A3 or F3 Service: *****

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PROPOSED RULE MAKING 15603 6. Section 21.604 is amended to read at least 28 decibels greater than the as follows: attenuation at 1 kc/s. SMALL BUSINESS § 2 1 .6 0 4 Emission limitations. (f) Each transmitter, which operates on frequencies between 450 Mc/s and 470 (a) The maximum authorized band­ ADMINISTRATION width of emission and, for the cases of Mc/s and employs type A3 or F3 emis­ sion, shall be equipped with a modulation [ 13 CFR Part 107 1 frequency or phase modulated emissions, limiter in accordance with the provisions the maximum authorized frequency of paragraph (e) of this section and also INVESTMENT COMPANIES deviation shall be as follows: shall be equipped with a low-pass audio filter installed between the modulation Notice of Proposed Rule Making 50-15P Mc/s 150-500 Mc/s limiter and the modulated stage. At Notice is hereby given that pursuant audiofrequencies between 3 kc/s and 20 to authority contained in section 308 of Type of Fre- Fre- kc/s, the filter shall have an attenuation emission Authorized quency Authorized quency the Small Business Investment Act of bandwidth devia- bandwidth devia- greater than the attenuation at 1 kc/s 1958, Public Law 85-699, 72 Stat. 694, as (kc/s) tion (kc/s) tion by at least: (kc/s) (kc/s) amended, it is proposed to amend, as set 60 log10 (f/3) decibels forth below, Part 107 of Subchapter B, A l_____ 1 1 where “f” is the audiofrequency in kilo­ Chapter I, of Title 13 of the Code of Fed­ A2_____ 3 3 eral Regulations, as revised in 29 F.R. A3_____ 8 8 cycles per second. At audiofrequencies A4_____ 12 12 above 40 Kc/s, the attenuation shall be 16946-16961, and amended in 30 F.R. 534, FI_____ 3 3 at least 50 decibels greater than the 1187, 2652, 2653, 2654, 3635, 3856, 7597, F2_____ 3 *3 7651, 8775, 8900, 11960, 13005, 14095, F3_____ 40 15 20 5 attenuation at 1 kc/s. F4...... _J 40 15 i 20 1 5 14850, 14851,and 31F.R. 2815, 4954, 4954- 8. Section 21.701(e) is amended to4955, 9720, 10114, and 13532, by amend­ 1 In the frequency hand 450-470 Mc/s, radio facilities split the assignable frequencies (chan­ ing §§ 107.102, 107.104, 107.201, 107.301, using frequency modulated or phase modulated emission, nels) two for one. The table of fre­ 107.302, and 107.402, and deleting which were authorized prior to Nov. i, 1967, shall be per­ quencies following (e) (4) as amended mitted to operate with bandwidth of 40 kc/s or less and § 107.709. Prior to final adoption of such frequency deviation of 15 kc/s or less until (date to be reads as follows: amendment, consideration will be given specified will be 6 months after the effective date of rules being promulgated herein). § 21.701 Frequencies. to any comments or suggestions pertain­ ing thereto which are submitted in writ­ (b) Bandwidths of emission greater ing, in triplicate, to the Investment Divi­ than shown in paragraph (a) of this (e) sion, Small Business Administration, section may be authorized for multichan­ Mc/s Mc/s Washington, D.C. 20416, within a period nel operation upon an adequate showing 454.025______454.050______of thirty (30) days of the date of this of need therefor and provided a showing 454.075______notice in the F ederal R egister. is made that the efficiency of frequency 454.100______Information. The proposed amend­ utilization per derived communication 454.125______ment would accomplish the following channel is equivalent to or greater than 454.150- _ on a single channel basis. Radio facili­ 454.175______changes in the licensing standards set ties using frequency modulated or phase 454.200______forth in § 107.102(d): clarification of modulated emission shall not exceed a 454.225______subparagraph (4) to make it certain that frequency deviation of 5 kc/s due to 454.250___ diversity of ownership must exist with 454.275___ respect to voting stock; elimination from modulation of the carrier frequency. An 454.300. _ subparagraph (9) of any provision relat­ application requesting such authoriza­ 454.325_____ ing to possible private capitalization of tion shall fully describe the modulation, 454.350. __ emission, and bandwidth desired and less than $300,000; and incorporation by shall specify the bandwidth to be reference into subparagraph (10) of the occupied. 9. Section 21.703(e) is amended to capitalization and related requirements read as follows: of § 107.302, Licensee’s stock, governing No t e : Radio facilities using frequency the issuance of capital stock by all modulated or phase modulated emission § 21.703 Bandwidth and emission limi­ Licensees. which were authorized prior to Nov. 1, 1967, tations. to use a frequency deviation of 15 kc/s or Proposed changes in § 107.301 would less, may continue to use such deviation un­ require new Licensees, without exception, til (date to be specified will be 6 m onths after (e) The maximum authorized band­ to have a minimum private capitalization the effective date of rules being promulgated width of emission and, for the cases of of not less than $300,000. Issuance of h e re in ). frequency or phase modulated emission, SBA commitments for the purchase of 7. Section 21.605(e) is amended andthe maximum authorized frequency subdebentures under section 302 of the new paragraph (f) is added to read as deviation shall be as follows: Act would be eliminated. As a matter of follows: procedure, SBA would disburse section 50-150 Mc/s 302 funds simultaneously with its ap­ §2 1 .6 0 5 Modulation requirements. 150-500 Mc/s proving the purchase of such subde­ * * * * * bentures. The present restriction in Type of Fre­ Fre­ (e) Each transmitter, which operatesemission Authorized quency Authorized quency § 107.301(c), requiring Licensees with on frequencies below 450 Mc/s and em­ bandwidth devia­ bandwidth devia-' private capitalization of more than (kc/s) tion (kc/s) tion ploys type A3 or F3 emission, shall be (kc/s) $2,000,000 to obtain funds available under equipped with a modulation limiter in (kc/s) section 303 of the Act before being eli­ accordance with the provisions of para­ A1 1 1 gible for maximum section 302 subde­ graph (d) of this section and also shall A2___ 3 3 benture funds, would be repealed. The A3____ 8 8 be equipped with a low-pass audiofilter FI___ 3 3 provision in § 107.301(g), permitting.pre- installed between the modulation limiter F2__ 15 15151 ■( I payment of section 302 debentures with­ and the modulated stage. At audio­ F3___ 40 15 1 20 i 5 out penalty, would also be deleted in frequencies between 3 kc/s and 15 kc/s, order to afford SBA a greater degree of the filter shall have an attenuation 1 In frequency band 450 to 470 Mc/s, radio facilities administrative flexibility. After final using frequency modulated or phase modulated emis- greater than the attenuation at 1 kc/s sion, which were authorized prior to Nov. 1, 1967 shall adoption of these proposed amendments by at least: be permitted to operate with bandwidth of 40 kc/s or necessary textual changes will be made less and frequency deviation of 15 kc/s or less until 40 log io (f/3) decibels (date to be specified will be 6 months after the effective in the interpretation set forth in date of rules being promulgated herein). § 107.1001, relating to the possible effect where “f” is the audiofrequency in kilo­ of repayment of section 302 debentures cycles per second. At audiofrequencies [P.R . Doc. above 15 kc/s, the attenuation shall be 66-13208; Filed, Dec. 9, 1966; on minimum paid-in capital and paid-in 8:45 a.m .] surplus.

No. 239------6 FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15604 PROPOSED RULE MAKING volved, it must apply for prior SBA (f) Application for issuance of sub­ Under the proposed amendment of ordinated debentures. Application for § 107.402(d), existing provisions condi­ approval of the proposed change in Op­ erating Area as a proposed postlicensing the issuance of subordinated debentures tioning the disbursement of loans under to SBA shall be in such form as may be section 303 of the Act on Licensee’s amendment under § 107.726. After re­ ceiving such approval, it shall be incum­ prescribed by SBA. It shall include an presentation of a certificate in the form investment plan setting forth for SBA’s prescribed by § 107.709, would be elimi­ bent upon the Licensee to obtain, con­ sistent with the provisions of its charter, review Licensee’s proposed use of the nated in favor of its submitting an ap­ proceeds received from the debenture plication form and investment plan. the Act and SBA regulations thereunder, Section 107.709 would also be repealed as the issuance of all necessary permits, issue. part of this procedural change. franchises or other legal authority from 5. By amending paragraph (a) of As set forth below, the proposed such other State or States in order to § 107.302 and adding a new paragraph amendment would also correct and bring effectuate said purpose. (c) to § 107.302, which would read as up to date the section-numbering used 3. By amending § 107.201(b) (3) to follows: in three cross-references appearing in read as follows: §§ 107.104 and 107.302(a). § 107.302 Licensee’s stock. It is proposed to amend the Regula­ § 107.201 License application. (a) Consideration. A Licensee may tions Governing Small Business Invest­ ***** issue any of its securities for (1) cash, ment Companies as follows: (b) Prerequisites. Prior to the issu­ (2) direct obligations of, or obligations 1. By amending subparagraphs (4), ance of a license, the Proposed Operator guaranteed as to principal and interest (9), and (10), and adding subparagraph shall have: by, the United States, (3) securities of (11) of § 107.102(d) to read as follows: which it is the issuer, in connection with ***** a reclassification approved by SBA, (4) § 107.102 Filing and processing of pro­ (3) Submitted satisfactory evidence services previously rendered to the Li­ posal. that, exclusive of funds required for or­ censee, (5) physical assets to be cur­ * * * * * ganizational expenses, it has paid-in rently employed in the operation of the (d) Standards for licensing. The capital and paid-in surplus equal to at Licensee, (6) as a dividend, and (7) in proposal shall be accompanied by sup­ least $300,000 in cash or funds invested connection with a statutory or other type porting data of sufficient scope, partic­ in accordance with the last sentence of of merger or consolidation with another ularly and relevance to establish that it section 308(b) of the Act or § 107.710, Licensee or non-Licensee company ap­ meets the following criteria for the is­ and that such cash or invested funds are proved by SBA pursuant to § 107.702(c): suance of new licenses by SBA: not encumbered in any way. Provided, however, That any shares of ***** * * * * * stock issued as part of the initial mini­ (4) Diversity of ownership. At least 4. By amending § 107.301 to read as mum capital required by § 107.201(b) 3 stockholders who are not close rela­ follows: (3) may be issued only in consideration tives of each other, as defined in of the simultaneous payment of cash or § 107.301 Subordinated debentures ; upon the simultaneous transfer to the § 107.716(b) (5), shall each own 10 or minimum capital. more percent of the Proposed Operator’s Licensee of securities permitted by voting stock: Provided, however, That (a) Maximum investment of private § 107.201(b) (3). A Licensee may issue this requirement will not apply if the funds. In considering whether to issue its stock for Equity Securities of a port­ existence of reasonable diversity of own­ a license to a Proposed Operator, SBA folio small business concern which elects ership is demonstrated in other ways, or will, in addition to all other requirements to exercise the option provided for in the Proposed Operator is a subsidiary of and criteria, give preference to those § 107.507 pursuant to section 304(c) of a commercial bank, or other corpora­ Proposals which contemplate the maxi­ the Act. tion having diversity of ownership to an mum investment of private funds. ***** extent acceptable to SBA. (b) Minimum capital. A Proposed (c) Stock available to portfolio small * * * * * Operator must have a paid-in capital business concerns. Licensee’s capitali­ and paid-in surplus from private sources zation shall include authorized capital (9) Operations. A projection of in­ of at least $300,000 (exclusive of orga­ come and expense by calendar quarters stock in excess of the amount proposed nizational expenses), in cash or eligible for immediate issuance, so that stock shall be furnished for the first 2 years Government securities. of operation, to indicate whether the will be available for portfolio small busi­ Proposed Operator will be able adequate­ " (c) Subordinated Debentures issued ness concerns pursuant to the option ly to support its projected operating after licensing. On or before November 30, provided for in § 107.507 in accordance 1968, or 4% years after the issuance of with section 304(c) of the Act. expenses. its license, whichever is later, a Licensee (10) Capital. The provisions of may request SBA to purchase its Sub­ 6. By adding a new paragraph (a—1> § 107.302, Licensee’s stock, shall apply to ordinated Debentures in an amount immediately after paragraph (a) of and govern the Proposed Operator’s which, when added to any Subordinated § 107.402, and amending paragraphs (c) capitalization. Debentures previously issued to SBA, will and (d) of § 107.402, which would read (11) Borrowed funds. The Proposed as follows: Operator must certify in writing that not exceed the lesser of: (1) $700,000 or none of the original shareholders that (2) its paid-in capital and paid-in sur­ § 107.402 Operating loans. will own 10 or more percent of its stock plus from private sources. * * * * * will use borrowed funds in purchasing (d) Availability of private funds. In (a-1) To the extent practicable, op­ said stock, unless such shareholder’s net connection with any request for such erating loans shall be granted in multi­ worth is equal to at least twice the funds, the Licensee shall submit evidence ples of $50,000. amount borrowed. SBA may require the satisfactory to SBA that such funds are not available on reasonable terms from ***** submission of balance sheets from share­ (c) Types of loans—(1) Guaranteed holders so using borrowed funds. private sources. (e) Terms of Subordinated Deben­ loans. In the event that such loans are 2. By amending § 107.104 to read astures. Such Subordinated Debentures not available to the Licensee from pri­ follows: shall contain such terms, conditions and vate sources on a nonguaranteed basis, the Licensee shall then endeavor to od- § 107.104 Postlicensing operations be­ interest rate as shall be determined by tain such funds from a private source yond State of incorporation. SBA. Maturities shall not exceed 20 subject to SBA guaranty of principal In the event that a licensee desires, years. Amortization of the debentures and accrued interest. These loans shall after the issuance of its license, to con­ .shall commence not later than the sec­ be made upon such terms and conditions, duct operations beyond the jurisdiction ond half of their term, at a rate set by SBA. Debentures purchased by SBA and shafi bear such rate of interest, as of its State of incorporation to an extent may be prescribed by SBA. They may requiring registration or other compli­ shall, to the extent practicable, be issued subject to agreements of nonhypotheca- ance with the laws of other States in- in multiples of $50,000.

FEDERAL REGISTER, VOL. 31. NO. 239— SATURDAY. DECEMBER 10. 1966 PROPOSED RULE MAKING 15603 tion or be secured by such collateral as interest, as may be prescribed by SBA. may be determined by SBA. . ting forth for SBA’s review Licensee’s (2) Direct loans. In the event that They may be subject to agreements of proposed use of the proceeds of such loan. the Licensee is unable to obtain such nonhypothecation or be secured by such § 107.709 [Deleted] funds either exclusively from private collateral as may be determined by SBA. 7. By deleting § 107.709. sources or from private sources subject (d) Application for loans. Applica­ Dated: December5,1966. to SBA guaranty, SBA may then approve tion for an operating loan from SBA on a direct loan to the Licensee. These B ernard L. B outin, a direct or guaranteed basis shall be in Administrator. loans shall be made upon such terms and such form as may be prescribed by SBA. conditions, and shall bear such rate of [F.R. Doc. 66-13276; Filed, Dec. 9, 1966; It shall include an investment plan set­ 8:46 a.m.]

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15606 Notices

. . , r T n r • niinM by imprisonment for not more than 10 years The District Manager may at any time temporarily reserve, restrict, or withhold DEPARTMENT OF THE TREASURY the any portion of the above delegated au­ thority through use of Form 1213-1— Coast Guard Dated: December 2,1966. District Office Authority and Responsi­ [OGFR 66- 68] [seal] p. E. T rimble, bility Guide. JAMES RIVER Vice Admiral, U.S. Coast Guard, This order will become effective upon Acting Commandant. date of publication in the F ederal Notice of Closure to Navigation Dur­ [F.R. Doc. 66-13294; Filed, Dec. 9, 1966; R egister. ing Launching of the “Lapon” 8:47 a.m.] Dated: December 1,1966. By virtue of the authority vested in me R owland G. T hompson, as Commandant, U.S. Coast Guard, by District Manager. Treasury Department Order 120 dated DEPARTMENT OF THE INTERIOR Approved: July 31, 1950 (15 F.R. 6521) and Execu­ E. I. R owland, tive Order 10173, as amended by Execu­ Bureau of Land Management State Director. tive Orders 10277, 10352, and 11249, I COLORADO hereby affirm for publication in the F ed­ [F.R. Doc. 66-13270; Filed, Dec. 9, 1966; 8:45 a.m.] eral R egister the order of O. C. Rohnke, Canon City District; Redelegation of Rear Admiral, U.S. Coast Guard, Com­ Authority to Area Managers mander, Fifth Coast Guard District, who COLORADO has exercised authority as District Com­ Under authority of Bureau Order 701, mander, such order reading as follows: dated July 23, 1964, and as amended Montrose District; Redelegation of April 26, 1966, the Area Managers ad­ Authority to Area Managers Special N otice J ames R iver ministering the Royal Gorge and San Under authority of Bureau Order 701, Under the authority of Title II of the Luis Resource Areas of the Canon City dated July 23, 1964, and as amended Espionage Act of June 15, 1917, 40 ST AT 220, District, Colo., are authorized to act on April 26, 1966, the Area Managers ad­ 50 USC 191 and Executive Order 10173 as the following matters: ministering the Delta, Gunnison, Mont­ amended, I declare that from 11 a.m., e.s.t. Within their respective areas of re­ rose, San Juan, and San Miguel Resource until 3 p.m., e.s.t. Friday, December 16, 1966, sponsibility in accordance with existing the following area is a security zone and I Areas of the Montrose District, Colo., are order that it be closed to any person or ves­ policies and regulations of the Depart­ authorized to act on the following sel due to the launching of LAPON (SS(N) ment, and under direct supervision of the matters: 661): Canon City District Manager, they may Within their respective areas of re­ The water of the James River, Norfolk- exercise the functions of the Bureau Di­ sponsibility in accordance with existing Newport News Harbor, Va„ within the coordi­ rector on the matters specified below policies and regulations of the Depart­ nates of latitude 36°59'34" N., longitude subject to the limitations of Bureau 76°26'53'' W. at the shoreline of Newport ment, and under direct supervision of the News, thence southwesterly 500 yards to lat­ Order 701, Part III. Montrose District Manager, they may itude 36°59'27” N., longitude 76°27'10” W., AUTHORITY IN SPECIFIC MATTERS exercise the functions of the Bureau thence southeasterly to latitude 36°58'43" N., Director on the matters specified below longitude 76026,41,i W., thence easterly to S ec. 3.3 Fiscal affairs. The Area subject to the limitations of Bureau Newport News Shipbuilding Co. Pier 8 Light Manager may take action on: Order 701, Part III. (USCG Light List No. 2736.5). (d) Trespass: Determine liability and No person or vessel may remain in or enter issue notice of grazing trespass; recom­ Authority in S pecific Matters this security zone. mend as to acceptance of settlement Sec. 3.3 Fiscal affairs. The Area Man­ The Captain of the Port, Norfolk-Newport offer made. ager may take action on: News Area, Va., shall enforce this order. S ec. 3.7 Range management. The (d) Trespass: Determine liability ana The Captain of the Port may be assisted Area Manager may take all action on: issue notice of grazing trespass; recom­ by employees and facilities of any state or (a) Within grazing districts, the is­ mend as to acceptance of settlement political subdivision thereof or any Federal suance of licenses and permits to graze Agency. offer made. or trail livestock. Sec. 3.7 Range management, me For violation of this order Title II of the (3) Permits or cooperative agreements Espionage Act of June 15, 1917 (40 Stat. Area Manager may take all action on: to construct and maintain range im­ (a) Within grazing districts, the is­ 220 as amended, 50 USC 192) provides: provements and determine the value of “If any owner, agent, master, officer, or suance of licenses and permits to graze person in charge, or any member of the crew such improvements. or trail livestock. of any such vessel fails to comply with any (4) Expenditure of funds appropri­ (3) Permits or cooperative agreements regulation or rule issued or order given under ated by Congress or contributed by indi­ to construct and maintain range im­ the provisions of this chapter, or obstructs viduals, associations, advisory boards, or provements and determine the value or interferes with the exercise of any power others for the construction, purchase or such improvements. .Qtpf1 conferred by this chapter, the vessel, together maintenance of range improvements. (4) Expenditure of funds appropriate«! with her tackle, apparel, furniture, and (b) Outside grazing districts, the issu­ equipment, shall be subject to seizure and by Congress or contributed by - ance of grazing leases. dividuals, associations, advisory boaras, forfeiture to the United States in the same (d) Soil and moisture conservation; manner as merchandise is forfeited for or others for the construction, purchase violation of the customs revenue laws; and control of halogeton glomeratus. __ or maintenance of range improvements. the person guilty of such failure, obstruction, S ec. 3.8 Forest management. The (b) Outside grazing districts, tne is­ or interference shall be punished by im­ Area Manager may take all action on: suance of grazing leases. . prisonment for not more than 10 years and (a) Disposition of forest products in­ (d) Soil and moisture conservation, may, in the discretion of the court, be fined cluding sales of timber not exceeding control of halogeton glomeratus. not more than $10,000. $100.00 in value. S ec. 3.8 Forest management, m e “If any other person knowingly fails to S ec. 3.9 Land use. The Area Manager Area Manager may take all action on: comply with any regulation or rule issued may take all action on: or order given under the provisions of this (a) Disposition of forest products in- (g) Disposition of materials other than cluding sales of timber not exceeding chapter, or knowingly obstructs or inter­ forest products, not exceeding $100.00 in feres with the exercise of any power con­ $100.00 in value. ferred by this chapter, he shall be punished value.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTICES 15607 S ec. 3.9 Land use. The Area Manager (g) Disposition of materials other may take all action on: (g) Disposition of materials other than forest products, not exceeding $100 than forest products, not exceeding $100 (g) Disposition of materials other in value. in value. than forest products, not exceeding The District Manager may at any time $100.00 in value. The District Manager may at any time temporarily reserve, restrict, or withhold temporarily reserve, restrict, or withhold The District Manager may at any time any portion of the above delegated au­ temporarily reserve, restrict, or withhold any portion of the above delegated au­ thority through use of Form 1213-1— thority through use of Form 1213-1_ any portion of the above delegated au­ District Office Authority and Responsi­ thority through use of Form 1213-1— bility Guide. District Office Authority and Responsi­ District Office Authority and Respon­ bility Guide. sibility Guide. This order will become effective upon This order will become effective upon date of publication in the F ederal R eg­ This order will become effective upon date of publication in the F ederal R eg­ ister. ister. date of publication in the F ederal R egister. Dated: December 1,1966. Dated: December 1,1966. Dated: December 1,1966. K eith E. N orris, J ohn C. Clark, District Manager. Arthur W. Zimmerman, Approved: District Manager. District Manager. Approved : Approved: E. I. R owland, E. I. R owland, State Director. E. I. R owland, State Director. State Director. [F.R. Doc. 66-13272; Filed, Dec. 9, 1966; [F.R. Doc. 66-13273; Filed, Dec. 9, 1966; 8:45 a.m.] [F.R. Doc. 66-13271; Filed, Dec. 9, 1966; 8:45 a.m.] 8:45 a.m.] COLORADO COLORADO COLORADO Glenwood Springs District; Redele­ Grand Junction District; Redelega­ Craig District; Redelegation of gation of Authority to Area Mana- tion of Authority to Area Man­ Authority to Area Managers gers agers Under authority of Bureau Order 701, Under authority of Bureau Order 701, Under authority of Bureau Order 701, dated July 23, 1964, and as amended dated July 23,1964, and as amended April dated July 23, 1964, and as amended April 26, 1966, the Area Managers ad­ 26, 1966, the Area Managers administer­ April 26, 1966, the Area Managers ad­ ministering the Yampa, Little Snake, ing the Glenwood Springs, Eagle, Middle ministering the Pinon Mesa, Bookcliff, and White River Resource Areas of the Park, North Park, and Northeastern Plateau, and Garfield Resource Areas Craig District, Colo., are authorized to Colorado Resource Areas of the Glen­ of the Grand Junction District, Colo., act on the following matters: wood Springs District, Colo, are author­ are authorized to act on the following Within their respective areas of re­ ized to act on the following matters: matters: sponsibility, in accordance with existing Within their respective areas of re­ Within their respective areas of re­ policies and regulations of the Depart­ sponsibility in accordance with existing sponsibility, in accordance with exist­ ment, and under direct supervision of policies and regulations of the Depart­ ing policies and regulations of the De­ the Craig District Manager, they may ment, and under direct supervision of the partment, and under direct supervision exercise the functions of the Bureau Di­ Glenwood Springs District Manager, they of the Grand Junction District Man­ rector on the matters specified below may exercise the functions of the Bu­ ager, they may exercise the functions of subject to the limitations of Bureau Or­ reau Director on the matters specified the Bureau Director on the matters spec­ der 701, Part III. below subject to the limitations of Bu­ ified below subject to the limitations of reau Order 701, Part III. Bureau Order 701, Part III. Authority in S pecific Matters Authority in S pecific; Matters Authority in S pecific Matters Sec. 3.3 Fiscal affairs. The Area S ec. 3.3 Fiscal affairs. The Area S ec. 3.3 Fiscal Affairs. The Area Man­ Manager may take action on: Manager may take action on: (d) Trespass: Determine liability and ager may take action on : (d) Trespass: Determine liability and (d) Trespass: Determine liability and issue notice of grazing trespass; recom­ issue notice of grazing trespass; recom­ mend as to acceptance of settlement of­ issue notice of grazing trespass; recom­ fer made. mend as to acceptance of settlement offer mend as to acceptance of settlement made. offer made. Sec. 3.7 Range management. The S ec. 3.7 Range management. The S ec. 3.7 Range management. The Area Manager may take all action on: Area Manager may take all action on: (a) Within grazing districts, the is­ Area Manager may take all action on: suance of licenses and permits to graze (a) Within grazing districts, the is­ (a) Within grazing districts, the is­ or trail livestock. suance of licenses and permits to graze suance of licenses and permits to graze or trail livestock. or trail livestock. (3) Permits or cooperative agreements (3) Permits or cooperative agreements to construct and maintain range im­ to construct and maintain range im­ (3) Permits or cooperative agree­ provements and determine the value of provements and determine the value of ments to construct and maintain range such improvements. such improvements. improvements and determine the value (4) Expenditure of funds appropriatec (4) Expenditure of funds appropriated of such improvements. by Congress or contributed by individ­ by Congress or contributed by individ­ (4) Expenditure of funds appropri­ uals, associations, advisory boards, oi uals, associations, advisory boards, or ated by Congress or contributed by in­ others for the construction, purchase, oi others for the construction, purchase or dividuals, associations, advisory boards, maintenance of range improvements. maintenance of range improvements. or others for the construction, purchase (b) Outside grazing districts, the is­ (b) Outside grazing districts, the is­ or maintenance of range improvements. suance of grazing leases. suance of grazing leases. (d) Soil and moisture conservation; (d) Soil and moisture conservation; (d) Soil and moisture conservation; control of halogeton glomeratus. control of halogeton glomeratus. control of halogeton glomeratus. Sec. 3.8 Forest management. The S ec. 3.8 Forest management. The S ec. 3.8 Forest management. The Area Manager may take all action on: Area Manager may take all action on: Area Manager may take all action on: (a) Disposition of forest products ln- (a) Disposition of forest products in­ (a) Disposition of forest products in­ ^uding sales of timber not exceeding cluding sales of timber not exceeding cluding sales of timber not exceeding $100 in value. $100 in value. $100 in value. Sec. 3.9 Land use. The Area Man­ ager may take all action on: S ec. 3.9 Land use. The Area Man­ S ec. 3.9 Land use. The Area Man­ ager may take all action on: ager may take all action on:

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15608 NOTICES 2. Members of Congress. (g) Disposition of materials otherheld for Pinnacles National Monument 3. Members of tbe State Legislature. beginning at 9 am. on February 10,1967, 4. Official representatives of the counties than forest products, not exceeding $100 in the Board of Supervisors’ Chambers, in v a lu e . in which the proposed wilderness area is The District Manager may at any time Monterey County Courthouse, Alisal and located. temporarily reserve, restrict, or withhold Church Streets, Salinas, Calif., for the 5. Officials of other Federal agencies or any portion of the above delegated au­ purpose of receiving comments and sug­ public bodies. gestions as to the appropriateness of a 6. Organizations in alphabetical order. thority through use of Form 1213—1— proposal for the establishment of a 7. Individuals in alphabetical order. District Office Authority and Responsi­ wilderness area comprising about 3,720 8. Others not giving advance notice, to bility Guide. the extent there is remaining time. This order will become effective upon acres within the Pinnacles National Mon­ ument. The proposed wilderness area A. C. S tratton, date of publication in the F ederal is located in San Benito and Monterey Acting Director, R egister. National Park Service. R. K eith Miller, Counties, Calif. District Manager. A packet containing a map depicting N ovember 30,1966. the preliminary boundaries of the pro­ Approved: December 1, 1966. [F.R. Doc. 66-13275; Filed, Dec. 9, 1966; posed wilderness area and providing ad­ 8:46 a.m.] E. I. R owland, ditional information about the proposal State Director. may be obtained from the Superintend­ ent, Pinnacles National Monument, Pai- [F.R. Doc. 66-13274; Filed, Dec. 9, 1966; cines, Calif. 95043, or the Regional Di­ 8:46 a.m.] rector, National Park Service, 450 Golden DEPARTMENT OF COMMERCE Gate Avenue, Post Office Box 36063, San National Bureau of Standards Fish and Wildlife Service Francisco, Calif. 94102. A description of the preliminary NBS RADIO STATIONS [Docket No. G-381] boundaries and larger maps of the area Standard Frequency and Time LEON D. HALL proposed for establishment as wilderness are available for review in the above Broadcasts; Changes Notice of Loan Application offices, and in Room 1013 of the Depart­ The carrier frequencies of broadcasts D ecember 6,1966. ment of the Interior Building at 18th by NBS stations which are coordinated and C Streets NW., Washington, D.C. by the Bureau International de l’Heure Leon D. Hall, DeJean Packing Co., East The master plan for this monument, Beach at Pine Street, Biloxi, Miss. 39533, (BIH) under the coordinated universal has applied for a loan from the Fisheries likewise, may be inspected at these three time (UTC) system will be offset from Loan Fund to aid in financing the pur­ locations. their nominal values referred to the NBS chase of a new 78-foot length overall Interested individuals, representatives frequency standard during 1967 by —300 steel vessel to engage in the fishery for of organizations, and public officials are parts in 1010. shrimp and fish for industrial uses. invited to express their views in person This represents no change from tne Notice is hereby given pursuant to the at the aforementioned public hearing, 1966 value. The offset value for 1967 was provisions of Public Law 89—85 and Fish­ provided they notify the hearing officer announced by the BIH on October 31, eries Loan Fund Procedures (50 CFR in care of the Superintendent, Pinnacles 1966. At the present time these stations Part 250, as revised Aug. 11, 1965) that National Monument, Paicines, Calif. include NBS stations WWV and WWVL, the above-entitled application is being 95043, by February 8, 1967. Those not Fort Collins, Colo., and station WWVH, considered by the Bureau of Commercial wishing to appear in person may submit Maui, Hawaii. As a result of this offset Fisheries, Fish arid Wildlife Service, De­ written statements on the wilderness pro­ the interval between timing pulses for partment of the Interior, Washington, posal to the hearing officer at that ad­ the UTC system will be longer than a D.C. 20240. Any person desiring to sub­ dress for inclusion in the official record second by 300 parts in 1010. mit evidence that the contemplated oper­ concerning the proposal which will be The standard carrier , frequency of ation of such vessel will cause economic held open for 10 days following conclu­ broadcasts by NBS station WWVB, Fort hardship or injury to efficient vessel sion of the hearings. Collins, Colo., will not be offset from its operators already operating in that fish­ Time limitations may make it neces­ nominal value of 60 kHz, referred to the ery must submit such evidence in writing sary to limit the length of oral presenta­ NBS frequency standard. The time in­ to the Director, Bureau of Commercial tions and to restrict to one person the tervals between pulses broadcast from Fisheries, within 30 days from the date of presentation made in behalf of an or­ this station will continue to be 1 second publication of this notice. If such evi­ ganization. An abbreviated oral state­ in length as referred to the standard scale dence is received it will be evaluated along ment may, however, be supplemented by of time, NBS-A, which is based on the with such other evidence as may be avail­ a more complete written statement NBS frequency standard in accordance able before making a determination that which should be submitted to the hear­ with the definition of the unit of time the contemplated operations of the ves­ ing officer at the time of presentation of agreed upon internationally. sel will or will not cause such economic the oral statement. Written statements In accordance with National Bureau hardship or irijury. presented in person at the hearing will of Standard policy of giving monthly be considered for inclusion in the tran­ notices regarding changes of H. E. Crowther, scribed hearing record. However, all in seconds pulses, notice is hereby giv Acting Director, materials so presented at the hearing that there will be no change in the phase Bureau of Commercial Fisheries. shall be subject to determinations that of seconds pulses emitted from radio sta­ [F.R. Doc. 66-13282; Filed, Dec. 9, 1966; they are appropriate for inclusion in the tion WWVB, Fort Collins, Colo., on Jan­ 8:46 a.m.] transcribed record. To the extent that uary 1, 1967...... time is available after presentation of Notice is also hereby given that tnere oral statements by those who have given will be no change in the phase of time National Park Service the required advance notice, the hearing pulses emitted from radio station W W , officer will give others present an op­ Fort Collins,' Colo., and station WWVH, PINNACLES NATIONAL MONUMENT, portunity to be heard. Maui, Hawaii, on January 1,1967. inese CALIF. After an explanation of the proposals pulses at present occur at intervals which by a representative of the National Park are longer than 1 second by 300 parts Proposed Wilderness Establishment; Service, the hearing officer, insofar as 101#. This is due to the offset maintained Hearing possible, will adhere to the following or­ in frequency, as coordinated by the Bu­ der in calling for the presentation of oral reau International de l’Heure (BIH;. Notice is hereby given in accordance statements: Stepped atomic time. After January x, with the provisions of the Act of Septem­ 1. Governor of the State or his representa­1967, step adjustments in the phase o ber 3, 1964 (78 Stat. 890, 892; 16 U.S.C. seconds pulses from radio station 1131, 1132), that a public hearing will be tive. /

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTICES 15609 WWVB, Port Collins, Colo., will be made Atomic Time emissions include West in accordance with an international Germany (station DCF77 only) and the EUREKA SPRINGS SALE CO., ET AL. agreement to follow a recommendation United States (station WWVB only). Deposting of Stockyards approved by the CCIR (International Beginning on January 2,1967, the trans­ Radio Consultative Committee). Ac­ missions on 77.5 kHz from the Phvsika- It has been ascertained, and notice cording to this recommendation the lische Technische Bundesanstalt (PTB) is hereby given, that the livestock mar­ times of emission of Stepped Atomic station DCF77, Mainflingen, West Ger­ kets named herein, originally posted on Time (SAT) pulses from all coordinated many, will be made according to this the respective dates specified below as stations following this system are syn­ system. A step adjustment in phase of being subject to the Packers and Stock- chronized within 1 ms, and are main­ time pulses will be made to synchronize yards Act, 1921, as amended (7 U.S.C. tained within about 100 ms of the UT2 emission times with those of the Na­ 181 et seq.), no longer come within the scale by making step adjustments of 200 tional Bureau of Standards (NBS) sta­ definition of a stockyard under said Act ms in the phase of the pulses, when nec­ and are, therefore no longer subject to tion WWVB. No adjustment is required the provisions of the Act. essary, on the first of the month. The for station WWVB at this time. Times carrier frequencies of such coordinated Name, location of stockyard, and date emissions are not offset from their nomi­ of emission of stepped atomic time pulses of posting will differ by an integral multiple of 200 nal values. Eureka Springs Sale Company, Eureka Announcement of the necessity to ms from the occurrence times of markers Springs, Ark., May 4, 1963. make step adjustments, their dates and on the atomic time scale, maintained by Elkton Auction, Inc., Elkton, Ohio, Julv 4 values, will be made by the Bureau In­ the National Bureau of Standards. 1959. * ’ ternational de l’Heure (BIH) 6 weeks Cookeville Live Stock Co., Inc., Cookeville prior to the required adjustment. NBS Dated: December 6,1966. Tenn., May 6,1959. Spur Livestock Commission Company Spur will continue its policy of giving notice of A. V. Astin, adjustments. Tex., July 22, 1963. Director. Chehalis Livestock Market, Chehalis Wash The countries presently participating Oct. 1,1959. actively in the coordination of Stepped [F.R. Doc. 66-13337; Filed, Dec. 9, 1966; 9:59 a.m.] Notice or other public procedure has not preceded promulgation of the fore­ going rule since it is found that the giv­ DEPARTMENT OF AGRICULTURE ing of such notice would prevent the due and timely administration of the Pack­ Consumer and Marketing Service ers and Stockyards Act and would, there­ fore, be impracticable and contrary to EL PASO LIVESTOCK AUCTION MARKET ET AL. the public interest. There is no legal warrant or justification for not depost­ Notice of Changes in Names of Posted Stockyards ing promptly a stockyard which is no ®rtailled; ai}d notice is hereby given, that the names of the live­ longer within the definition of that term stock nmrkets referred to herein, which were posted on the respective date«? contained in the Act. The foregoing is in the nature of a AcT ^ I bas0amend^ m(7 u s c ^ if ii S'* ^visions ot the Packers and Stockyards a c i , lw i, as amended (7 U.S.C. 181 et seq.), have been changed as indicated below rule granting an exemption or relieving a restriction and, therefore, may be made Original name of stockyard, location, and Current name of stockyard and date of posting effective in less than 30 days after pub­ date of change in name lication in the F ederal R egister. This I l l in o is notice shall become effective upon publi­ El Paso Livestock Auction Market, El Paso cation in the F ederal R egister. Nov. 20,1959. Art Feller Livestock Auction, Nov 4 1966. (42 Stat. 159, as amended and supplemented- I ndiana 7U.S.C. 181 etseq.) EaSeptn iOIni9i63na LiVestOCk Auction> Ridgeville, Ridgeville Sale Barn, Oct. 1, 1966. ^Done at Washington, D.C., this 1st day of December 1966. K ansas Giger Sale Co., Emporia, June 24, 1959------Lyon County Livestock Auction, Oct 26 Charles G. Cleveland, 1966. Chief, Registrations, Bonds and Missouri Reports Branch, Packers and Drexel Community Sale, Drexel, May 26, 1959------Drexel Community Sales Barn Sept 1 Stockyards Division, Con­ 1966. ' ’ sumer and Marketing Serv­ e Oregon ice. ™ i a»m?9S VeSt°C,t AUitl0n’ IDC- I - , [F.R. Doc. 66-13281; Filed, Dec. 9, 1966; 8:46 a.m.] Douglas Livestock Market, Wilbur, Sept. 20, I960.. Douglas Livestock Market, Inc Oct 4 1966. ' ’ T exas Tyi 957LiVeSt°Ck Commission Co * ^ n . 11, Tyler Livestock Marketing Company DEPARTMENT OF HEALTH, EDUCA­ , Sept. 1, 1966. Verm ont , TION, AND WELFARE ° D ^ i r m «?1111111881011 Sal6S’ InC-’ Westminster> Westminster Commission Sale, Oct 25 Food and Drug Administration ' laD1- 1963. CHEMAGRO CORP. Done at Washington, D.C., this 5th day of December 1966. Notice of Filing of Petition for Food Charles G. Cleveland, Additives . Chief, Registrations, Bonds and Reports Branch Packers and Stockyards Division, Consumer and Marketing Service. Pursuant to the provisions of the Fed­ eral Food, Drug, and Cosmetic Act (sec. [F.R. Doc. 66-13280; Filed, Dec. 9, 1966; 8:46 a.m.] 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348(b) (5) ), notice is given that a petition has

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15610 NOTICES 409(b), 72 Stat. 1786; 21 U.S.C. 348(b) ) f Isochem, Inc., for a provisional construc­ been filed by Chemagro Corp., Post Office tion permit for its fission products con­ Box 4913, Hawthorn Road, Kansas City, the following notice is issued: version and encapsulation plant to be lo­ Mo. 64120, proposing the establishment In accordance with § 121.52 With­ drawal of petitions without prejudice of cated in the 200—East Area of the of a food additive regulation to provide the procedural food additive regulations Atomic Energy Commission’s Hanford for the safe use of 0,0 -dimethyl 0-C4- Works, Benton County, Wash., about 20 (methylthio) -m-tolyll phosphorothioate (21 CFR 121.52), International Ver­ mouth Institute, Inc., 10 East 40th Street, miles northwest of Richland, Wash. in the feed of beef cattle for control of New York, N.Y. 10016; Federazione The hearing will be conducted by the cattle grubs. Italiana Industrie, Vini E. Liquori, c/o Atomic Safety and Licensing Board des­ Dated: December 5,1966. Buchman & Buchman, 10 East 40th ignated by the Atomic Energy Commis­ Street, New York, N.Y. 10016; and Wine sion consisting of Dr. John C. Geyer, R. E. D uggan, Baltimore, Md.; Mr. Hood Worthington, Acting Associate Commissioner Institute, National Press Building, Wash­ for Compliance. ington, D.C. 20004, have withdrawn their Wilmington, Del.; and Samuel W. petition (FAP 6A1904), notice of which Jensch, Esquire, Chairman, Washington, [F.R. Doc. 66-13297; Filed, Dec. 9, 1966; was published in the F ederal R egister D.C. Mr. R. B. Briggs, Oak Ridge, 8:48 a.m.] of December 18, 1965 (30 F.R. 15674), , Tenn., has been designated as a tech­ proposing that § 121.1163 Natural flavor­ nically qualified alternate. GEIGY CHEMICAL CORP. ing substances * * * be amended to A prehearing conference will be held by the Board at 10 a.m., local time, on Notice of Filing of Petition Regarding provide for the safe use of white agaric (Polyporus officinalis Fries) as a flavor­ December 14, 1966, in the Courtroom, Pesticides ing agent in alcoholic beverages. U.S. Courthouse and Federal Building, 825 Jadwin Avenue, Richland, Wash., to Pursuant to the provisions of the Fed­ Dated: December 5,1966. eral Food, Drug, and Cosmetic Act (sec. consider the matters provided for con­ 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a R. E. D uggan, sideration by § 2.752 of 10 CFR Part 2 (d)(1)), notice is given that a petition Acting Associate Commissioner and Section II of Appendix “A” to 10 (PP 7F0543) has been filed by Geigy for Compliance. CFR Part 2. The Director of Regulation proposes Chemical Corp., Ardsley, N.Y. 10502, pro­ [F.R. Doc. 66-13300; Filed, Dec. 9, 1966; posing the establishment of a tolerance 8:48 a.m.] to make affirmative findings on Item of 5 parts per million for residues of the Numbers 1-3 and a negative finding on insecticide isopropyl 4,4'-dichlorobenzil- Item 4 specified below as the basis for ate in or on the raw agricultural com­ SMITH KLINE & FRENCH the issuance of a provisional construc­ modities apples and pears. LABORATORIES tion permit to the applicant substantially The analytical method proposed in the in the form proposed in Appendix “A” petition for determining residues of the Notice of Filing of Petition for Food hereto. insecticide is that of gas-liquid chroma­ Additive; Poloxalene 1. Whether in accordance with the provisions of 10 CFR 50.35(a) tography using a microcoulometric Pursuant to the provisions of the Fed­ detector. (a) The applicant has described the eral Food, Drug, and Cosmetic Act (sec. proposed design of the facility, including, Dated: December 5,1966. 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 but not limited to, the principal archi­ R. E. D uggan, (b) (5) ), notice is given that a petition tectural and engineering criteria for the Acting Associate Commissioner has been filed by Smith Kline & French design, and has identified the major for Compliance. Laboratories, 1500 Spring Garden Street, features or components incorporated Philadelphia, Pa. 19101, proposing the therein for the protection of the health [F.R. Doc. 66-13298; Filed, Dec. 9, 1966; issuance of a regulation to provide for 8:48 a.m.] and safety of the public; the safe use of poloxalene in the feed of (b) Such further technical or design HAZLETON-NUCLEAR SCIENCE CORP. cattle for the prevention of legume information as may be required to com­ (alfalfa, clover) bloat. plete the safety analysis and which can Notice of Filing of Petition for Food Dated: December5rl966. reasonably be left for later considera­ Additives; Defoaming Agents tion, will be supplied in the final safety R. E. D uggan, analysis report; Pursuant to the provisions of the Fed­ Acting Associate Commissioner (c) Safety features or components, if eral Food, Drug, and Cosmetic Act (sec. for Compliance. any, which require research and develop­ 409(b)(5), 72 Stat. 1786; 21 U.S.C. [F.R. "Doc. 66-13301; Filed, Dec. 9, 1966; ment have been described by the appli­ 348(b) (5)), notice is given that a peti­ 8:48 a.m.] cant and the applicant has identified, tion (FAP 1A0430) has been filed by and there will be conducted, a research Hazleton-Nuclear Science Corp., 4062 and development program reasonably de­ Fabian Way, Palo Alto, Calif. 94303, signed to resolve any safety questions proposing an amendment to § 121.1099 Defoaming agents to provide for the safe ATOMIC ENERGY COMMISSION associated with such features or com­ [Docket No. 50-258] ponents; and use of butoxy polyoxyethylene poly- (d) On the basis of the foregoing, oxypropylene glycol (mol. wt. 3,900— ISOCHEM, INC. there is reasonable assurance that (i) 4,100) as a component of defoaming such safety questions will be satisfac­ agents used in processing beet sugar. Notice of Hearing on Application for torily resolved at or before the latest Dated: December 5,1966. Provisional Construction Permit date stated in the application for com­ pletion of construction of the proposed R. E. D uggan, In the matter of Isochem, Inc. (fission Acting Associate Commissioner products conversion and encapsulation facility and (ii) taking into considera­ for Compliance. plant). tion the site criteria contained in 10 Pursuant to the Atomic Energy Act CFR Part 100, the proposed facility can [F.R. Doc. 66-13299; Filed, Dec. 9, 1966; be constructed and operated at the pro­ 8:48 a.m.] of 1954, as amended, and the regulations in Title 10, Code of Federal Regulations, posed location without undue risk to the Part 50, “Licensing of Production and health and safety of the public; INTERNATIONAL VERMOUTH Utilization Facilities,” and Part 2, “Rules 2. Whether the applicant is technically INSTITUTE, INC., ET AL. of Practice,” notice is hereby given that qualified to design- and construct the a hearing will be held at 10 a.m., local proposed facility; . ,. Notice of Withdrawal of Petition for time, on January 10, 1967, in the Court­ 3. Whether the applicant is financially Food Additives; Natural Flavoring room, U.S. Courthouse and Federal qualified to design and construct the Substances Building, 825 Jadwin Avenue, Richland, proposed facility; and . Wash., to consider the application filed 4. Whether the issuance of a permit Pursuant to the provisions of the Fed­ for the construction of the facility win eral Food, Drug, and Cosmetic Act (sec. under Section 104b. of the Act by

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTICES 15611 be inimical to the common defense and “Rules of Practice,” must be filed by the accordance with procedures approved by it security or to the health and safety of applicant on or before December 14,1966 in connection with the issuance of said the public. Papers required to be filed in this pro­ •license, (c) the applicant submits proof of In the event that this proceeding is ceeding may be filed by mail or telegram financial protection and the execution of an not a contested proceeding, as defined addressed to the Secretary, U.S. Atomic indemnity agreement as required bv § 170 by § 2.4 of the Commission’s “Rules of Energy Commission, Washington, D.C. of the Act. Practice,” 10 CFR Part 2, the Board 20545, or may be filed by delivery to the For the Atomic Energy Commission. will, without conducting a de novo Office of the Secretary, U.S. Atomic En­ [F.R. Doc. 66-13332; Filed, Dec. 9, 1966; evaluation of the application, consider ergy Commission, Germantown, Md., or 8:49 a.m.] the issues of whether the application and the Commission’s Public Document the record of the proceeding contain Room, 1717 H Street NW., Washington, sufficient information, and the review by D.C. 20545. the Commission’s regulatory staff has Pending further order of the Board, CIVIL AERONAUTICS BOARD been adequate, to support the findings parties are required tojile pursuant to [Docket No. 18011] proposed to be made and the^ provisional the provisions of § 2.708 of the Commis­ construction permit proposed to be issued sion’s “Rules of Practice,” an original SAN FRANCISCO & OAKLAND HELI­ by the Director of Regulation. and 20 conformed copies of each such COPTER AIRLINES, INC., ET AL. In the event that this proceeding be­ paper with the Commission. Notice of Prehearing Conference comes a contested proceeding, the Board Dated at Germantown, Md., this 7th will consider and initially decide, as the day of December 1966. San Franciso & Oakland Helicopter issues in this proceeding, Item Nos. 1 Airlines, Inc., Trans World Airlines, Inc., through 4 above as the basis for deter­ United S tates Atomic and American Airlines, Inc. mining whether a provisional construc­ Energy Commission, Application for disclaimer of jurisdic­ tion permit should be issued to the W. B. McCool, tion, approval or exemption. applicant. Secretary Notice is hereby given that a prehear­ As they become available, the applica­ to the Commission. ing conference in the above-entitled tion, the report of the Commission’s A p p e n d i x “ A ” matter is assigned to be held on Decem­ Advisory Committee on Reactor Safe­ PROVISIONAL CONSTRUCTION PERMIT ber 14, 1966, at 10 a.m., e.s.t., in Room guards (ACRS) and the Safety Analysis 211, Universal Building, 1825 Connecti­ by the Commission’s regulatory staff will Construction Permit No______cut Avenue NW., Washington, D.C., be placed in the Commission’s Public 1. Pursuant to § 104b. of the Atomic En­ before Examiner Herbert K. Bryan. Document Room, 1717 H Street NW., ergy Act of 1954, as amended (the Act), and Washington, D.C., where they will be Title 10, Chapter 1, Code of Federal Regula­ Dated at Washington, D.C., Decem­ available for inspection by members of tions, Part 50, “Licensing of Production and ber 7, 1966. Utilization Facilities,” and pursuant to the the public. The aforementioned docu­ order of the Atomic Safety and Licensing [seal] F rancis W. B rown, ments will also be available for inspec­ Board, the Atomic Energy Commission (the Chief Examiner. tion by members of the public at the Commission) hereby issues a provisional con­ [F.R. Doc. 66-13283; Filed, Dec. 9, 1966; office of the Information Division, Rich­ struction permit to Isochem, Inc. (the ap­ 8:46 a.m.] land Operations Office, U.S. Atomic plicant) , for a utilization facility (the facil­ Energy Commission, U.S. Courthouse ity), described in the application and and Federal Building, 825 Jadwin Ave­ amendments thereto filed in this matter by [Docket No. 18014; Order E-24491] nue, Richland, Wash. Copies of the the applicant and as more fully described in the evidence received at the public hearing RAILWAY EXPRESS AGENCY, INC., ACRS report and the regulatory staff’s upon that application. The facility, known Safety Analysis may be obtained by re­ as the Fission Products Conversion and En­ ET AL. quest to the Director of the Division of capsulation Plant (FPCE), will be located in Materials Licensing, U.S. Atomic Energy the 200—East Area of the Atomic Energy Revised Air Express Rates and Commission, Washington, D.C. 20545. Commission’s Hanford Works, about 20 miles Charges; Order Petitions for leave to intervene, pursu­ northwest of Richland, Wash. 2. This permit shall be deemed to contain Adopted by the Civil Aeronautics Board ant to the provisions of § 2.714 of the and be subject to the conditions specified in at its office in Washington, D.C., on the Commission’s “Rules of Practice,” must §§ 60.54 and 50.55 of said regulations; is sub­ 7th day of December 1966. be received in the Office of the Secretary, ject to all applicable provisions of the Act, By tariff revisions filed November 4, U.S. Atomic Energy Commission, Ger­ and rules, regulations, and orders of the mantown, Md., or the Commission’s Commission now or hereafter in effect; and 1966, and marked to become effective De­ Public Document Room, 1717 H Street is subject to the conditions specified or incor­ cember 9, 1966, the Railway Express NW., Washington, D.C., not later than porated below: Agency, Inc. (REA) and air carriers par­ December 30, 1966, or in the event of a A. The earliest date for the completion of ticipating in the tariffs with REA pro­ the facility is February 1, 1908, and the latest pose changes in numerous air express postponement of the specific hearing date for completion of the facility is Octo­ rates and charges, involving both in­ date, at such time as the Board may ber 1, 1969. specify. creases and decreases between all air ex­ B. The facility shall be constructed and press stations in the United States. Any person who wishes to make an oral located at the site as described in the appli­ or written statement setting forth his cation, as amended, in the 200—East Area of By tariff revisions marked to become position on the issues specified, but who the Atomic Energy Commission’s Hanford effective March 7, 1966, REA and the air Works, about 20 miles northwest of Richland carriers proposed increases in numerous does not wish to file a petition to inter­ Wash. vene, may request permission to make a air express rates and charges. By Order C. This construction permit authorizes the E-23315, adopted March 3, 1966, the limited appearance pursuant to the pro­ applicant to construct the facility described visions of § 2.715 of the Commission’s in the application and the hearing record in Board instituted an investigation and “Rules of Practice.” Limited appear­ accordance with the principal architectural suspended pending investigation the pro­ ances will be permitted at the time of the and engineering criteria set forth therein. posed rates to the extent that they ap­ nearing in the discretion of the Board, 3. This permit is provisional to the extentplied to shipments with the charges within such limits and on such conditions that a license authorizing operation of the above the minimum charges between faculty will not be issued by the Commis­ points in the United States. Increases as may be fixed by the Board. Persons sion unless (a) the applicant submits to the of 50 cents per shipment applicable to desiring to make a limited appearance Commission, by amendment to the applica­ minimum charges were permitted to be­ are requested to inform the Secretary, tion, the complete final safety analysis re­ port, portions of which may be submitted come effective, with an expiry date of y s. Atomic Energy Commission, Wash­ and evaluated from time to time; (b) the March 7,1967. ington, D.C. 20545, by December 30,1966. Commission finds that the final design pro­ On April 20, 1966, REA filed a motion Answers to this notice, pursuant to the vides reasonable assurance that the health to vacate the foregoing suspension. It Provisions of § 2.705 of the Commission’s and safety of the public wUl not be en­ stated that it would be willing to discuss dangered by the operation of the facility in the issue of rates for larger shipments

No. 239----- 7 FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15612 NOTICE* percent of the general commodity rates face express rates;' that^ air express with the airlines and the Board to deter­ with an airport-to-airport minimum charges for a 5-pound shipment (con­ mine if a satisfactory revision could be sidered by the complainant as most typ­ made in the rate structure. In Order charge of about $10.50, as compared with the lower rate proposed for door-to-door ical) are less than for air freight, in­ E-23668, adopted May 12, 1966, denying cluding pickup and delivery. REA also the foregoing motion, the Board stated service. states that air freight forwarders will that it would be desirable if REA and the A complaint requesting investigation not accept live birds; that it is a serious airlines could resolve this problem arid and suspension was submitted by the question whether direct air carriers propose reduced rates for larger ship­ Allied-American Bird Co. (Allied) .* transport live birds; that certain rate ments that would be more in accord with This complaint claims that the proposed comparisons and other statements of the statutory test of lawfulness. increase in the minimum charge on live complainant are inaccurate; that live The current proposal is the result of creatures, especially birds, is not justified birds are of relatively low density and discussions between REA and the car­ by costs and would have an extremely fragile, and involve special handling riers. The proposal would result in gen­ detrimental effect upon the volume of (sometimes feeding and watering en. erally increasing the minimum charge sales and returns to the entire pet in­ route), resulting an high line-haul costs; another 30 cents, from $5.20 to $5.50, rep­ dustry. It also alleges that REA’s earn­ that they must be handled in specially resenting an increase of about 17 percent ings are in excess of the majority of assigned cartage vehicles, and not in above the rates in effect prior to the in­ motor carriers; that certain airlines do REA’s regular operations; that they crease on March 7,1966. One significant not have premium rates for live animals often require special deliveries on week­ exception is the minimum charge for live and that others have reduced rates on ends and holidays; that claims are much animals and birds, which would be raised certain live animals, i.e., frogs; and that higher than for average air express to $8, representing an increase of 70 per­ the $8 minimum charge for surface ex­ shipments; and that direct air carriers cent above the pre-March 1966 rates. press movements is not an appropriate require REA to make advance arrange­ The proposed rates for above-minimum standard because the surface charge is ments prior to shipment of birds; REA shipments would result in either reduc­ unduly high in comparison with surface further states that the increase in rates tions or increases depending upon the costs. It states that air express ship­ proposed will amount to only 6.94 cents size of shipment and the length of haul. ment of birds involve relatively large per bird, which constitutes from 0.77 to For 10-pound shipments, the proposal volumes of pickups and lower unit pickup 3.4 percent of the retail price of a would result in increases for essentially costs than for other commodities; that bird, the variation being due to the all markets. For 25-pound shipments, a data processing air express form has type of bird considered. REA requests the rates would be higher for markets in­ been developed by the complainant to that even if the Board should decide on volving hauls of approximately 1,100 eliminate the manual writing of waybills, suspension or investigation, this deci­ miles, but lower for longer haul markets. and that the marketing of live birds in­ sion should be applied to live birds only For shipments of 100 pounds, the pro­ volves two air express movements, thus (to which the complaint applies), with posals would result in increases for mar­ increasing the impact of the proposed the rates on other live creatures being kets involving distances up to about 600 increase. Allied further alleges that the permitted to become effective without in­ miles, in no changes for markets of ap­ effect of the proposal will be felt not only vestigation in view of the REA’s revenue proximately 700 miles, and in reductions by breeders and retailers of birds, but also by accessorial companies, distribu­ needs. for longer haul markets. tors, box manufactures, jar manufac­ Subsequent to its complaint, Allied REA justifies its proposal, in part, upon turers, grain growers, and other concerns, filed a motion for leave to submit a sup­ its alleged need for additional revenues to and that the current rates have been plemental petition requesting that the cover its operating costs plus an “appro­ instrumental in developing the consider­ proposed tariff revisions on live animals priate” return upon its investment. It able volume of traffic now moving, which and birds be rejected on the ground that asserts that its proposal would yield to REA did not post such revisions at' cer­ REA alone (with no increase to the par­ will be seriously affected by the proposed increase. tain airports. The petition also contains ticipating airlines) the $1.8 million in REA filed an answer to the complaint. statements supplementary to its original additional revenues temporarily denied It asserted that air express rates on live complaint. The Board has concluded to by the Board when it suspended all the birds have risen since 1955 less than sur- deny Allied’s motion. The motion does increases previously proposed above the not indicate any valid reason why the m inim um charges; that its costs have supplementary material could not have i Protests requesting suspension and in­ Continued to rise during 1966 and are vestigation were also filed by the W. T. Grant been included with Allied’s original scheduled to rise during 1967 because of Co. and F. W. Woolworth Co. These pro­ complaint. wage increases already negotiated; that tests were not filed in conformance with our Upon consideration of the tariff and its return on investment would not ex­ rules, 14 CFR 302, however, and will not be all relevant matters, the Board finds that ceed that obtained by some other indirect considered as requests for suspension. Ac­ the proposed minimum charges for live air carriers; that the fact that some of cording to our rules, the complaints were animals and birds may be unjust, un­ its rates would continue to be higher than due to be filed on Nov. 21, 1966 (18 days be­ reasonable, or unjustly discriminatory, air freight rates is justified by the better fore the effective day of the tariff), but both complaints were filed subsequent to that or unduly preferential, or unduly preju­ quality of air express service, since (1) air date. The complaint filed by the F. W. Wool- dicial, or otherwise unlawful, and should express has priority over air freight for worth Co. confirmed a timely telegraphic be investigated. While REA bases its aircraft space; (2) it does not involve protest. Our rules 14 CFR 302.505(c) per­ proposed minimum charge of $8 for live consolidation (as forwarders’ operations mit this: “In an emergency satisfactorily animals and birds, as compared with do); (3) it makes,use of a superior pickup shown by complainant, and within the time $5.50 for most other traffic movements, and delivery service; and (4) it is avail­ limits herein provided, a telegraphic com­ on higher costs, it does not present any able, in conjunction with REA’s surface plaint may be sent to the Board and to the publishing carrier or agent stating the specific data as to the air express operations, to numerous off-line stations grounds relied upon, but such a telegraphic costs of transporting the traffic in ques­ on a single bill of lading; and that air complaint must immediately be confirmed tion by both REA and the airlines. Tne express charges are only a fraction of by complaint filed and served in accordance proposal amounts to a rise in the minl" their level of 40 years ago. with this section,” F. W. Woolworth Co.’s mum charge of about 54 percent abov REA claims that its proposed increase complaint does not indicate that an emer­ the current charge of $5.20, of 70 percen in the minimum charge on live animals gency existed explaining its untimeliness as a request for suspension. It will, however, above the charge of $4.70 that had been and birds to $8, as compared to the pro­ be considered as a request for investigation. in effect prior to March 7, 1966, and ot posed increase for most other traffic to The protest filed by the W. T. Grant Co. does 100 percent above the $4 charge effective $5.50, is justified by particularly high not contain the certificate of service and prior to February 4,1965, only 22 montns costs for such commodities, that the will not be considered as a request for either ago. current minimum for surface express suspension or investigation. In addition, While we agree that rates must cover movements of birds is $8, and that air several hundred telegraphic protests were costs, including a reasonable profit,'we freight rates of the direct air carriers received from persons connected with the believe that only complete and reason- for live animals range from 175 to 250 pet industry.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTIGES 15613 ably detailed cost evidence can justify Board at a time and place hereafter to be an increase of the magnitude proposed. designated; and before an examiner of the Commission’s Comparisons with the charges by direct Office of Hearing Examiners and that 6. Copies of this order shall be filed the hearing be held at a date and a place air carriers for air freight and for sur­ with the tariffs and served upon Railway face express services are not persuasive to be determined and announced by the Express Agency, Inc., the air carriers presiding examiner; because they assume, without proof, that listed in Appendix B, Allied-American the foregoing charges are reasonable. It is further ordered, That (I) a copy Bird Co., and F. W. Woolworth Co., whicl of this order shall forthwith be served While it is true that the complaint is are hereby made parties to this proceed directed chiefly to live birds, we are in­ ing. all respondents, protestants, and inter­ cluding the rates for live animals in the veners herein; (II) the said respondents, investigation since they involve increases This order will be published in the F ed­ protestants, and interveners be duly noti­ of the same magnitude. eral R egister. fied of the time and place of the hearing; The Board has concluded, furthermore, By the Civil Aeronautics Board. and (m) this order be published in the to suspend the foregoing proposals pend­ F ederal R egister and notice of said hear­ ing investigation.2“ The sharp increases [ seal] Harold R. S anderson, ing be served upon all parties to this proposed may have a significant impact Secretary. proceeding. upon various facets of the pet industry. [F.R. Doc. 66-13284; Filed, Dec. 9, 1966; All persons (including individuals, cor­ On the other hand, the increase in rev­ 8:48 ami.] porations, associations, firms, partner­ enue to be obtained from both live ani­ ships, and public bodies) having an in­ mals and birds is estimated by REA as terest in this proceeding and desiring to about $450,000, approximately 25 percent intervene therein, should notify the Sec­ of the total increase in revenues request­ FEDERAL MARITIME COMMISSION retary of the Commission promptly and ed by REA of about $1.8 million. It file petitions for leave to intervene in ac­ [Docket Nos. 66-22, Fifth Supp. Order; 66-23, cordance with Rule 5(1) (46 CFR 502J72) should be noted that the $1.8 million is in Second Supp. Order] addition to the approximately $3 million with a copy to all parties to this proceed­ additional annual revenues expected to ALASKA STEAMSHIP CO. ing. flow from the increases in m inim um By the Commission. charges that REA put into effect on General Increase in Rates; Notice March 7, 1966. Thus, REA will obtain of Expansion of investigation [seal] T homas Lisi, Secretary. additional annual revenues of about $4.4 Alaska Steamship Co., general increase million as a result of increased rates per­ in rates, Peninsula and Bering Sea areas [F.R. Doc. 66-13286; Filed, Dec. 9, 1966- mitted to become effective since March and southeastern area of Alaska (1966). 8:47 a.m.] 1966. There has been filed with the Federal Accordingly, pursuant to the Federal Maritime Commission by Alaska Rivers ATLANTIC PASSENGER STEAMSHIP Aviation Act of 1958, and particularly Navigation Co. (Alaska Rivers) tariffs sections 204(a) and 1002 thereof, FMC-F Nos_23, 24, 25, 26, and 27 to be­ CONFERENCE It is ordered, That: come effective December 12, 1966, which 1. An investigation is instituted to de­ Notice of Agreement Filed for will generally increase its interstate Alas­ Approval termine whether the rates, charges, and ka rates and charges; provisions described in Appendix A 2b at­ Upon consideration of the said tariff Notice is hereby given that the follow­ tached hereto, and rules, regulations, and filings, there is reason to believe that the ing agreement has been filed with the practices affecting such rates, charges, said general increase may be Unjust, un­ Commission for approval pursuant to and provisions, are or will be unjust or reasonable, or otherwise unlawful under section 15 of the Shipping Act, 1916, as unreasonable, unjustly discriminatory, sections 18(a) and 22 of the Shipping amended (39 Stat. 733, 75 Stat. 763, 46 unduly preferential, unduly prejudicial, Act, 1916, and/or sections 3 and 4 of the U.S.C. 814). or otherwise unlawful, and if found to be Intercoastal Shipping Act, 1933 and good Interested parties may inspect and ob­ unlawful, to determine and prescribe the cause appearing tain a copy of the agreement at the lawful rates, charges, and provisions, and It is ordered, That pursuant to the au­ Washington office of the Federal Mari­ rules.regulations, or practices affecting thority of section 22, Shipping Act, 1916 time Commission, 1321 H Street NW., such rates, charges, and provisions; and section 3 of the Intercoastal Ship­ Room 609; or may inspect agreements at 2. Pending hearing and decision by the ping Act, 1933 the investigation in this the office of the District Managers, New Board, the rates, charges, and provisions consolidated proceeding is hereby ex­ York, N.Y., New Orleans, La., and San described in Appendix A hereto are sus­ panded to include an investigation into Francisco, Calif. Comments with refer­ pended and their use deferred to and in­ the lawfulness of the increased rates and ence to an agreement including a request cluding March 8, 1967, unless otherwise charges contained in the aforementioned for hearing, if desired, may be submitted ordered by the Board, and that no tariff filings insofar as they may have to the Secretary, Federal Maritime Com­ changes be made therein during the application on movement of interstate mission, Washington, D.C. 20573, within period of suspension except by order or cargo, including the rules and regulations 20 days after publication of this notice in special permission of the Board; affecting such rates and charges, with the F ederal R egister. A copy of any 3. The complaint of Allied-American a view to making such findings and or­ such statement should also be forwarded Bird Co. in Docket 17964 and of F. W. ders in the premises as the facts and cir­ to the party filing the agreement (as in­ Woolworth Co. in Docket 17949 are dis­ cumstances warrant. In the event the dicated hereinafter) and the comments missed, except to the extent granted should indicate that this has been done. herein; matter hereby placed under investiga­ tion is changed, amended, or reissued be­ Notice of agreement filed for approval 4. The motion to file a supplemental fore the investigation has been conclud­ by: Petition of the Allied-American Bird Co. is denied; ed, such changed, amended, or reissued Mr. R. M. L. Duffy, Secretary, 65, Sandgate matter will be included in this investiga­ Road, Folkestone, Kent, England. , \ T h e proceeding herein be assigned tion. ior hearing before an examiner of the Agreement 7840-68 between the mem­ It is further ordered, That the investi­ ber lines of the Atlantic Passenger gation in this proceeding shall not be . This will result in a minimum charge of Steamship Conference (1) modifies Arti­ $5.20 on live animals and birds for the sus­ confined to the matters and issues here­ cle 5 of the basic agreement to provide pension period, subject to an expiry date of inbefore stated as the reason for institut­ that free or reduced-rate passages shall Mar. 7, 1967. The Board is permitting in­ ing this investigation, but shall include not be accorded to shippers or brokers creases in minimum charges to $5.50 appli­ all matters and issues with respect to nor to anyone except as set forth in the cable to practically all other traffic and would the lawfulness of the said schedules un­ Administrative Rules and Regulations of consider a request to adjust the minimum der the Shipping Act, 1916, or the Inter- the Conference; and (2) provides for the cnarges for live animals and birds to this coastal Shipping Act, 1933; deletion of Annex 1 to the basic agree­ amount. It is further ordered, That this pro­ Filed as part of the original document. ment which is entitled "Free or Reduced ceeding be assigned for public hearing Rates Authorized Under Atlantic Pas-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15614 NOTICES tice of said hearing be served upon all senger Steamship Conference Agree- ments, or revised pages is suspended to the extent indicated in the appendix be­ parties to this proceeding. merit.” low and the use thereof be deferred to All persons (including individuals, cor­ Dated: December 7,1966. and including April 8,1967, unless other­ porations, associations, firms, partner­ wise ordered by this Commission; ships, and public bodies) having an in­ By order of the Federal Maritime terest in this proceeding and desiring to Commission. It is further ordered, That the investi­ intervene therein, should notify the Sec­ T homas Lis i, gation in this proceeding shall not be retary of the Commission promptly and Secretary. confined to the matters and issues here file petitions for leave to intervene in [F.R. Doc. 66-13287; Filed, Dec. 9, 1966; and before stated as a reason for insti­ accordance with Rule 5(1) (46 CFR 8:47 a.m.] tuting this investigation but shall in­ clude all matters and issues with respect 502.72) with a copy to all parties to this to the lawfulness of the said schedules proceeding. [Docket Nos. 66-22, Fourth Supp. Order; under the Shipping Act, 1916, or the In­ By the Commission, December 6, 1966. 66-23, First Supp. Order] tercoastal Shipping Act, 1933. The in­ [seal] ' Thomas Lisi, ALASKA STEAMSHIP CO. vestigation, among other things, shall Secretary. determine (1) whether the four Alaska A p p e n d i x General Increase in Rates; Order of operating regions, i.e., the northwest, FMC-F No. 114: Suspension and Expansion of In­ southwest, southcentral, and southeast, The following pages are placed under in­ vestigation shall be considered as separate trades vestigation and suspended only insofar as for accounting and reporting purposes they apply northbound: Alaska Steamship Company, general under General Order 11 and whether increase in rates, Peninsula and Bering Alaska Steam maintains adequate cost 10th revised page 1. Sea Areas and southeastern area of 1st revised page 14-A. of transportation accounting procedures Original page 14-B. Alaska (1966). which accurately reflect cost of service Original page 14-C. There have been filed with the Federal to the carrier from and to each of the Original page 14-D. Maritime Commission by Alaska Steam­ four operating regions; (2) whether Original page 14—E. ship Co. (Alaska Steam) certain tariffs, Alaska Steam’s operations to the south­ Original page 14-F. supplements, and revised pages to be­ east and southcentral regions are rea­ Original page 14-G. come effective December 9, 1966, which sonably efficient and do not unduly 1st revised page 24 (Rule 80). will generally increase rates and charges burden rate structures applicable to the 3d revised page 29 (Rule 110). 2d revised page 32 (Rule 157). from, to, and/or between U.S. Pacific northwest and southwest regions; and 3d revised page 36. Coast ports and ports in Alaska (see (3) whether Alaska Steam’s rates on 5th revised page 37. appendix). southbound canned salmon from all 6th revised page 38. Upon consideration of the said tariff regions are unduly burdening the car­ 1st revised page 38-A. filings, there is reason to believe that riers northbound rate structures; 6th revised page 39. proposed increases on rates applicable to It is further ordered, That there shall 6th revised page 40. northbound movements of commodities 4th revised page 40-A. be filed immediately with the Commis­ 7th revised page 41. to the southeast, southwest and north­ sion by Alaska Steamship Co. a consecu­ 2d revised page 41-A. west regions of Alaska,1 if permitted to tively numbered supplement to each of 5th revised page 42. become effective, may be unjust, unrea­ the involved tariffs which supplement 7 th revised page 43. sonable or otherwise unlawful under sec­ shall bear no effective date, shall repro­ 1st revised page 43-A. tions 18(a) and 22 of the Shipping Act, duce the portion of this order wherein 6th revised page 44. 1916, and/or sections 3 and 4 of the In­ the suspended matter is described and 2d revised page 44—A. tercoastal Shipping Act, 1933. Since shall state that the aforesaid matter is 7th revised page 45. the Commission is mindful of the fact suspended and may not be used until 7th revised page 46. 7th revised page 47. that this is the third general rate increase April 9,1967, unless otherwise authorized 8th revised page 48. filed by Alaska Steam within the last 8 by the Commission; and the rates and 7th revised page 49. months; since it appears that the said charges heretofore in effect, and which 4th revised page 49-A. increases are not justified; and since the were to be changed by the suspended 8th revised page 50. Commission, in the exercise of its respon­ matter shall remain in effect during the 6th revised page 51. sibility to protect the public interest, period of suspension, and neither the 7th revised page 52. must determine whether Alaska Steam’s matter suspended, nor the matter which FMC-F No. 127: operations are reasonably efficient, is continued in effect as a result of such The following pages are placed under in­ It is ordered, That pursuant to the suspension, may be changed until this vestigation and suspended only insofar as authority of section 22, Shipping Act, proceeding has been disposed of or until they apply northbound to Kodiak or ports the period of suspension has expired, taking a Kodiak rate basis except Homer, 1916, and section 3 of the Intercoastal Kenai, Port Chatham, Portlock, Seldovia, and Shipping Act, 1933, the investigation in unless otherwise ordered by the Com­ this consolidated proceeding is hereby mission; Snug Harbor: expanded to include an investigation It is further ordered, That copies of 1st revised page 14-A. into the lawfulness of the increased Original page 14—B. this order shall be filed with the said Original page 14-C. rates and charges contained in the afore­ tariff schedules in the Bureau of Domes­ Original page 14-D. mentioned tariff filings, including the tic Regulation of the Federal Maritime 1st revised page 25 (Rule 80). rules and regulations affecting such Commission; 2d revised page 30 (Rule 110). rates and charges, with a view to making It is further ordered, That this pro­ 1st revised page 33 (Rule 157). such findings and orders in the premises ceeding be assigned for public hearing 2d revised page 38. as the facts and circumstances warrant. before an examiner of the Commission’s 3d revised page 39. In the event the matter hereby placed Office of Hearing Examiners and that 4th revised page 40. under investigation is changed, amended 4th revised page 40-A. the hearing be held at a date and a place 6th revised page 41. or reissued either upon termination of to be determined and announced by. the 5 th revised page 42. the suspension period or before the in­ presiding examiner; 5 th revised page 43. vestigation has been concluded, such It is further ordered, That (I) a copy 3d revised page 44. changed, amended, or reissued matter of this order shall forthwith be served 5th revised page 45. will be included in this investigation; all respondents, protestants, and inter­ 7th revised page 45-A. It is further ordered, That pursuant 2d revised page 46. veners herein; (II) the said respondents, 3d revised page 46-A. to section 3, Intercoastal Shipping Act, protestants, and interveners be duly 1933, the operation of all tariffs, supple- 3d revised page 47. notified of the time and place of the 5th revised page 48. hearing; and (HI) this order be pub­ 1st revised page 46-A. 1 See appendix for tariff matter placed un­ 6th revised page 49. der investigation and/or suspension. lished in the F ederal R egister and no-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTICES 15615 2d revised page 49-A. 4th revised page 50. previously issued; except that the sale sion, and such sales by the respective 4th revised page 50-A. from the Permian Basin area of New Applicants, together with the construc­ 4th revised page 51. Mexico is authorized to be made at or tion and operation of any facilities sub­ 3d revised page 52. below the applicable area base rate and ject to the jurisdiction of the Commission 4 th revised page 53. under the conditions prescribed in opin­ necessary therefor, are subject to the 4th revised page 53-A. ion Nos. 468 and 468-A. 2d revised page 54. requirements of subsections (c) and (e) Anadarko Production Co., Applicant in of section 7 of the Natural Gas Act. FMC-F No. 136: Docket No. G—12721, proposes to continue (3) The sales of natural gas by the Supplement No. 4 to FMC-F No. 136 is the sale of natural gas heretofore author­ respective Applicants, together with the placed under investigation and suspended ized in said docket to be made pursuant construction and operation of any facili­ only insofar as it applies northbound. to Petroleum Property Management, ties subject to the jurisdiction of the FMC-F No. 137: Inc., Agent for Ambassador Oil Corp. et Commission necessary therefor, are re­ Supplement No. 2 to FMC-F No. 137 is al., FPC Gas Rate Schedule No. 2. Said quired by the public convenience and placed under investigation and suspended rate schedule will be redesignated as necessity and certificates therefore only insofar as it applies northbound. that of Anadarko. The presently effec­ should be issued as hereinafter ordered FMC-F No. 138: tive rate under said rate schedule is in and conditioned. Supplement No. 6 to FMC-F No. 138 is effect subject to refund in Docket No. (4) The respective Applicants are able placed under investigation and suspended RI65-242. Applicant has requested to and willing properly to do the acts and only insofar as it applies northbound. be substituted as responderte in said pro­ to perform the services proposed and to FMC-F No. 144: ceeding and has filed an agreement and conform to the provisions of the Natural 1st revised page No. 1 to FMC-F No. 144 is undertaking, to assure the refund of all Gas Act and the requirements, rules, and placed under investigation only. amounts collected in excess of the regulations of the Commission there­ FMC-F No. 145: amount determined to be just and rea­ under. Tariff FMC—F No. 145 is placed under in­ sonable in said proceeding. As a con­ (5) It is necessary and appropriate in vestigation only insofar as it may have ap­ dition to its acceptance of responsibility carrying out the provisions of the plication on movement of interstate cargo. for refunding any amounts collected by Natural Gas Act and the public conven­ FMC-F No. 146: Petroleum Property Management, Appli­ ience and necessity require that the cer­ Tariff FMC—F No. 146 is placed under in­ cant states that it will require that such tificate authorizations heretofore issued vestigation and suspended only insofar as amounts be accounted for and paid over by the Commission in Docket Nos. G- it applies northbound. to it by Petroleum Property Management. 5441, G-5766, G-6210, G-6378, G-6658, FMC-F No. 147: Therefore, Applicant will be made co­ G-12721, G-12724, CI61-1469, CI63-489, Tariff FMC—F No. 147 is placed under in­ respondent in the proceeding pending in CI63-1492, CI64-836, CI66-470, CI66-952, vestigation only. Docket No. RI65—242, the proceeding will and CI66-988 should be amended as [F.R. Doc. 66-13288; Filed, Dec. 9, 1966; be redesignated accordingly, and the hereinafter ordered and conditioned. 8:49 a.m.] agreement and undertaking will be ac­ (6) The sales of natural gas proposed cepted for filing. If and when Petroleum to be abandoned by the respective Ap­ Property Management shall account for plicants, as hereinbefore described, all and pay over to Applicant those amounts as more fully described in the tabula­ FEDERAL POWER COMMISSION collected subject to refund and shall sub­ tion herein and in the respective applica­ mit to the Commission satisfactory evi­ tions, are subject to the requirements of [Docket Nos. G-5441, etc.] dence of such payment, then Petroleum subsection (b) of section 7 of the Natural JOHNSON OIL & GAS CO. ET AL. Property Management shall be relieved Gas Act, and such abandonments should from further obligation in said proceed­ be permitted and approved as herein­ Findings and Order ing and Applicant shall be the sole after ordered. D ecember 1,1966. respondent. (7) It is necessary and appropriate in Findings and order after statutory After due notice, no petitions to inter­ carrying out the provisions of the hearing issuing certificates of public vene, notices of intervention, or protests Natural Gas Act that the certificates of certificates, permitting and approving to the granting of any of the respective public convenience and necessity hereto­ abandonment of service, terminating applications or petitions in this order fore issued to the respective Applicants certificates, making successor co-re­ have been received. relating to the abandonments here in- spondent, redesignating proceeding, ac­ At a hearing held on November 23, after permitted and approved should be cepting agreement and undertaking for 1966, the Commission on its own motion terminated. filing, and accepting related rate sched­ received and made a part of the record (8) It is necessary and appropriate in ules and supplements for filing. in these proceedings all evidence, includ­ carrying out the provisions of the Nat­ Each of the Applicants listed herein ing the applications, amendments and ural Gas Act that Anadarko Production has filed an application pursuant to sec­ exhibits thereto, submitted in support of Co. should be made a co-respondent in tion 7 of the Natural Gas Act for a cer­ the respective authorizations sought the proceeding pending in Docket No. tificate of public convenience and neces­ herein, and upon consideration of the RI65-242, that said proceeding should be record. redesignated accordingly, and that the sity authorizing the sale and delivery of The Commission finds: natural gas in interstate commerce, for agreement and undertaking submitted permission and approval to abandon (1) Each Applicant herein is a by Anadarko in said proceeding should service, or a petition to amend an existing “natural-gas company” within the be accepted for filing. certificate authorization, all as more fully meaning of the Natural Gas Act as here­ (9) It is necessary and appropriate in tofore found by the Commission or will carrying out the provisions of the Nat­ described in the respective applications be engaged in the sale of natural gas in and petitions (and any supplements or ural Gas Act that the respective related amendments thereto) which are on file interstate commerce for resale for ulti­ rate schedules and supplements as desig­ with the Commission. mate public consumption, subject to the nated or redesignated in the tabulation jurisdiction of the Commission, and will herein should be accepted for filing as The Applicants herein have filed re­ therefore, be a “natural-gas company” hereinafter ordered. lated FPC Gas Rate Schedules and pro­ within the meaning of said Act upon the pose to initiate or abandon, add or delete The Commission orders: commencement of the service under the (A) Certificates of public convenience natural gas service in interstate com­ respective authorizations granted here­ merce as indicated by the tabulation inafter. and necessity are issued upon the terms nerem. All sales certificated herein are and conditions of this order, authorizing at rates either equal to or below the ceil­ (2) The sales of natural gas hereinbe­ the sales by the respective Applicants ing prices established by the Commis­ fore described, as more fully described in herein of natural gas in interstate com­ sion’s Statement of General Policy No. the respective applications, amend­ merce for resale together with the con­ ments, and/or supplements herein, will struction and operation of any facilities as amended, or involve sales for be made in interstate commerce, sub­ which permanent certificates have been subject to the jurisdiction of the Com­ ject to the jurisdiction of the Commis- mission necessary for such sales, all as

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15616 NOTICES scribed, all as more fully described in the hereinbefore described and as more gas shall be computed by the applicable fonnula and charged without the filing tabulation herein and in the respective fully described in the respective applica­ applications are granted. tions, amendments, supplements, and of a notice of change in rate. (R) Permission- and approval of the exhibits in this proceeding. (G) Within 90 days from the date of initial delivery Applicant in Docket No. abandonment of service by Applicant in (B) The certificates granted in para­ Docket No. CI67-312 is granted and the graph (A) above are not transferable G-5766 shall file a rate schedule quality statement in the form prescribed in related certificate in Docket No. G-6210 and shall be effective only so long as Ap­ is terminated only insofar as it relates to plicants continue the acts or operations Opinion No. 468-A. (H) Certificates are issued herein in sales covered by Supplement No. 1 to hereby authorized in accordance with FPC Gas Rate Schedule No. 9. the provisions of the Natural Gas Act Docket Nos. CI66-1231 and CI67-455, authorizing Applicants to continue the (S) Permission and approval of the and the applicable rules, regulations, and abandonment of service by Applicant in orders of the Commission. sales of natural gas being rendered on June 7,1954. Docket No. CI67-388 is granted and the (C) The grant of the certificates is­ (I) A certificate is issued herein in related certificate in Docket No. G-13633 sued in paragraph (A) above shall not Docket No. CI67-351, subject to the con­ is terminated only insofar as it relates to be construed as a waiver of the require­ ditions set forth in paragraphs (E), (F), sales covered by Supplement No. 13 to ments of section 4 of the Natural Gas and (G) of the order accompanying FPC Gas Rate Schedule 116. Act or of Part 154 or Part 157 of the Opinion No. 350 (27 FPC 35), except that (T) The abandonment herein per­ Commission’s regulations thereunder, said certificate shall not be subject to the mitted and approved in Docket No. CI67- and is without prejudice to any findings Commission’s ultimate determination in 375 does not relieve Applicant of any re­ or orders which have been or may here­ Docket No. R-200. fund obligation which may be imposed in after be made by the Commission in any (J) The certificates heretofore issued the related rate suspension proceeding proceeding now pending or hereafter in­ in Docket Nos. G-5766, G-6378, G-12724, pending in Docket No. G-19261. stituted by or against the respective Ap­ CI63-1492, CI64-836, CI66-470, and (U) The certificates heretofore issued plicants. Further, our action in this CI66-988 are amended by adding thereto in Docket Nos. G-7447, G—11449, CI63- proceeding shall not foreclose nor preju­ or deleting therefrom authorization to 782, CI64-747, CI64-764, and CI64-1171 dice any future proceedings or objections sell natural gas to the same purchasers are terminated. relating to the operation of any price or and in the same areas as covered by the (V) Anadarko Production Co. shall be related provisions in the gas purchase original authorizations, pursuant to the co-respondent in the proceeding pending contracts herein involved. Nor shall rate schedule supplements as indicated in Docket No. RI65-242, said proceeding the grant of the certificates aforesaid for in the tabulation herein. is redesignated accordingly,1 and the service to the particular customers in­ (K) The authorization granted in agreement and undertaking submitted volved imply approval of all of the terms Docket No. G-6378, in paragraph (J) by Anadarko in said proceeding is ac­ of the respective contracts particularly above, does not relieve Applicant of any cepted for filing. If and when Petroleum as to the cessation of service upon ter­ refund obligations which may be ordered Property Management, Inc., Agent for mination of said contracts, as provided in the rate suspension proceedings in Ambassador Oil .Corp. et al., shall ac­ by section 7(b) of the Natural Gas Act. Docket Nos. G-17326 and RI64-412. count to and pay over to Anadarko those Nor shall the grant of the certificates (L) The certificate heretofore issued amounts which it has collected subject to aforesaid be construed to preclude the in Docket No. CI66-952 is amended to refund in said proceeding and shall sub­ imposition of any sanctions pursuant to include the sale of natural gas from the mit to the Commission satisfactory evi­ the provisions of the Natural Gas Act additional acreage; to include the inter­ dence of such accounting and payment for the unauthorized commencement of ests of the coowners, and the related together with Anadarko’s concurrence any sales of natural gas subject to said rate schedule is redesignated as Joseph thereto, then Petroleum Property Man­ certificates. S. Gruss (Operator) et al. agement shall be relieved of any further (D) The grant of the certificates is­ (M) The certificate heretofore issued obligation in Docket No. RI65—242 and sued herein on all applications filed after in Docket No. CI63-489 is amended to Anadarko shall be sole respondent in said April 15, 1965, is upon the condition that include the sale of natural gas from the proceeding. no increase in rate which would exceed additional acreage subject to the condi­ (W) Anadarko Production Co. snail the ceiling prescribed for the given area tions set forth in paragraphs (C), (D), comply with the refunding and reporting by paragraph (d) of the Commission’s and (E) of the order accompanying procedure required by the Natural Gas statement of general policy No. 61-1, as Opinion No. 353 (27 FPC 449). Act and § 154.102 of the regulations amended, shall be filed prior to the ap­ thereunder, and the agreement and un­ (N) The certificates heretofore issued dertaking submitted by Anadarko m plicable dates, as indicated by footnotes in Docket Nos. G—6658 and CI61—1469 are 14 and 19 in the attached tabulation. amended by deleting therefrom authori­ Docket No. RI65-242 shall remain in full (E) The initial rate for the sale au­ zation to sell natural gas from acreage force and effect until discharged by the thorized in Docket No. G—5766 shall be assigned to Applicants in Docket Nos. Commission. the applicable base area rate prescribed CI67-399 and CI67-137, respectively. (X) The respective related rate sched­ in Opinion No. 468, as modified by Opin­ ules and supplements as indicated in the (O) The certificates heretofore issued tabulation herein are accepted for filmé > ion No. 468-A, as adjusted for quality, in Docket Nos. G-5441 and G-12721 are or the contract rate, whichever is lower; further, the rate schedules relating to the amended by changing the certificate successions herein are accepted and re­ and no increase in rate in excess of said holders to the respective successors in initial rate shall be filed before. January designated, subject to the applicable interest as indicated in the tabulation Commission regulations under the Natu­ 1,1968. herein. ral Gas Act to be effective on the dates as (F) If the quality of the gas delivered (P) The certificate heretofore issued indicated in the tabulation herein. by Applicant in Docket No. G-5766 devi­ in Docket No. G-6210 is further amend­ ates at any time from the quality stand­ ed to authorize Burk Gas Corp. et al. to By the Commission. ards set forth in Opinion No. 468, as continue the sales of natural gas hereto­ [seal] J oseph H. Gtjtride, modified by Opinion No. 468-A, so as fore rendered pursuant to the Estate of Secretary. to require • a downward adjustment of M. G. Hansbro, deceased, FPC Gas Rate the existing rate, a notice of change in Schedule Nos. 3, 4, 5, 7, and 8. i Petroleum Property Management, In -, rate shall be filed pursuant to the provi­ (Q) Permission for and approval of Agent for Ambassador Oil Corp. et al., ana sions of section 4 of the Natural Gas Act; Anadarko Production Co. provided, however, that adjustments re­ the abandonment of service by the re­ flecting changes in Btu content of the spective Applicants, as hereinbefore de-

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 PPC rate schedule to be accepted Docket No. FPC rate schedule to be accepted and date filed Applicant Purchaser, field, and Docket No. and date filed Applicant location Description and date No. Supp. Purchaser, field, and " of document location Description and date No. Supp. of document G-5441 ____ Johnson Oil & Gas Co. Consolidated Gas Supply E 9-21-66 (successor to Marian Marian F. Johnson, G-12721___ Anadarko Production Corp., Ten Mile Dis­ FPC GRS No. 2. Texas Gas Transmission Petroleum Property 125 F. Johnson). trict, Harrison County, E 9-23-66 Go. (successor to Pe­ Corp., South Elton Supplement Nos. 1-8__ 1-8 Management,ìnc.*, W. Va. Notice of succession troleum M anagement, Field, Jefferson Davis agent for Ambassador 9-20-66.1 Inc., agent for Am­ Parish, La. bassador Oil Corp. et Oil Corp. et al., Effective date: 7-14-66.. FPC GRS No. 2. G-5766...... Continental Oil Co. El Paso Natural Gas Co., al.). C 8-19-66 3 Supplemental agreement; Supplement Nos. 1- 4. 125 1-4 (Operator), et al.3 Langlie-Mattix and 7-11-66.4 Notice of succession Cooper Jal Fields, Lea 9-23-66. County, N. Mex. Assignment 8-2-65 G-6210_____ Burk Gas Corp., et al. United Gas Pipe Line 125 5 E 6-14-66 * (successor to Estate of Estate of M, G. Hans­ G-12724____ Bradley H. Keyes. Effective date: 4-1-66. Co., Bethany Field, bro, deceased, FPC C 9-14-66 I3 i* El Paso Natural Gas Co., Supplemental agree­ 3 4 M. G. Hansbro, Panola County, Tex., Fulcher-Kutz Pictured deceased). G R S No. 4. ment 6- 10-6 6 .18 Cavin Unit. Supplement Nos. 1-3___ 1-3 Cliffs Field, San Juan Letter agreement 3 1-4 County, N. Mex. Notice of succession CI63-489-. Ashland Oil & Refining 9-2-66.4 1« 6- 11- 66 . C 7-1-63 Co. Michigan Wisconsin Pipe Supplemental agree­ 81 3 Assignment 10-1-65«... Line Co., Northwest ment 4-24-63. Assignment 10-1-65 7___ Oakdale Area, Woods Assignment 10-1-65 >... CI63-1492.. Kingwood Oil Co. County, Okla. Effective date: 10-1-65.. D 10-7-65 Arkansas Louisiana Gas Amendment 7-31-651017. 15 4 Roberson Unit. Estate of M . G. H ans­ Co., North Cooper bro, decesaed, FPC Field, Blaine County, Okla. G R S No. 3. C164-836_ The Superior Oil C o .... Supplement Nos. 1-3___ 1-3 D 9-6-66 Kansas-Nebraska Natural Supplement 9-2-66 1018__ 111 5 Notice of succession 6- Gas Co., Inc,, Brad­ 11- 66. shaw Field, Syracuse Assignment 10-i-65 Area, Hamilton Assignment 10-1-657___ County, Kans. C166-470____ Sunray DX Oil Co. Arkansas Louisiana Gas Assignment 10-1-65 8_ __ C 9-22-66 i» Amendment 8-1-664...... 259 1 Effective date: 10-1-65 Co., acreage in LeFlore Sharp Unit. Estate of M. G, Hans­ and Latimer Counties, bro, deceased, FPC C166-952__ Okla. G R S No. 5. Joseph S. Grass (Oper­ El Paso Natural Gas Co;, C 9—29-i66 » ator), et al. Supplement agree­ : 10 1 NOTICES Supplement Nos. 1-3___ 1-3 Ignacio-Bianco Mesa ment 8-19-66.4 2* Notice of succession Verde Field, La Plata 6- 11- 66. County, Colo. C166-988...... Shell Oil Co. Panhandle Eastern Pipe Assignment 10-1-658___ C 10-6-661» Amendatory agree­ 332 2 Assignment 10-1-657___ Line Co., acreage in ment S-4-66.4 Ellis County, Okla. Assignment 10-1-658___ • C166-1231___ Forest Chemical Co. Effective date: 10-1-65. . A 5-31-66 a Pennsylvania Gas Co., Contract 3-15-54...... 1 Lowless Unit. Estate of M; G. Hans­ Cherry Grove Town­ bro, deceased, FPC ship, Warren County, G R S No. 7. Pa. A C167-137... St. Helens Petroleum Transcontinental Gas Supplement Nos. 1-3___ 1-3 (CÏ61-1469) Corp. (successor to Ratified 4-29-66 22 3 Notice of succession F 8-8-66 Pipe Line Corp., Block Contract 9-18-57 23...... 3 6- 11- 66. Ocean Drilling and 113 Unit, Ship Shoal Exploration Co. Amendment 1-1-69 3 Assignment 10-1-65 8___ Area, Offshore Louisi­ Assignment 3-24H54 4 Z4_._ 3 (Operator) et al.). ana. 3 Assignment 10-1-65 7__._ C167-184...... Big Chief Drilling Co... Assignment 10-1-65 8___ A 8-17-66 1« Oklahoma Natural Gas Contract 6-1-66... 14 Effective date: 10-1-65. Gathering Corp.,38 Compliance 10-10-664... 14 1 Wallace “A” Unit. Estate of M. G. Hans­ North Ringwood Field, Major County, Okla. bro, deceased, F P C CI67-248./. ... Blackburn Gasoline G R S No. 8. A 8-25-66 48 Plant. Bossier and Webster Par­ Gas processing contract 1 Supplement Nos. l-3_: 1-3 ishes, Northern Loui- 2-8-66. Notice of succession siana.44 Compression agreement r 1 6-1P -66. 2-8-66. Assignment 10-1-658___ (W. R . Hughey Opera­ Assignment 10-1-65 7___ ting Co. (Operator) Assignment 10-1-65 8_ et al., producer. ) 4 Effective date: 10-1-65.. Gas processing contract G-6378. Á ...... Kerr-Mc Gee Corp. (par­ Colorado Interstate Gas 2 D 9-19-66 tial abandonment). Notice of partial can­ »28 3-19-59. Co., Keyes Field, Cim­ cellation 9-14-66.* w Compression agreement arron County, Okla. 2 1 Filing code: A- -Initial service. 3-19-59. B- -Abandonment. Letter agreement 2 2 C- -Amendment to add acreage. 10-1-65.48 D- -Amendment to delete acreage. (Phillips Petroleum Co., E- -Succession. Producer. ) 4 F- Gas processing contract 3 -Partial succession. 5-8-64. See footnotes at end of table. Compression agreement 3 1 5-8-64. Letter agreement 3 2 10-1-65.48 1 15ß}7

FEDERAL REGISTER, VOL. 31, NO. >—SATURDAY, DECEMBER 10, 1966 Or FPC rate schedule to be accepted cv FPC rate schedule to be accepted Docket No. Purchaser, field, and Docket No. and date filed Applicant Description and date No. Supp. Applicant Purchaser, field, and location and date filed location Description and date Supp. of document oi document Ratified 6-21-63...... — 13 1 (David Crow, et al., CI-67-248— (M. L. Coyle, pro­ CI-67-248— Continued Producer.) ducer.) 2 Continued Ratified 6-1-64______Ratified 6-21-63------13 Compression agreement (Harvey Broyles et al., producer.) 6-1-64. 3 Letter agreement Ratified 6-24-63------13 10-1-65.« (Walter S. Grant, producer.) (Sam Y. Dorfman, Jr., 4 Producer.)4 Ratified 7-9-63------13 Gas processing contract (Milton Crow, Inc., 3-9-59. producer.) Compression agreement Ratified 7-12-63------13 5 3- 9-59. (R. R. and C. C. Robinson, producers.. Letter agreement 6 10- 1-65.« Ratified 8-7-63— ----— 13 (Hunt Oil Co., et al., (Central Oil Co., producer.) producer.) Gas processing contract Ratified 8-8-63------13 7 11- 4-63. (C. H. Lyons, Jr., (Hunt Oil Co. and agent et al., pro­ Hassie Hunt Trust, ducer.) producers.) R atified 8-9-63------— 13 8 Gas processing contract (Highland Oil Co., producer.) 12- 6-63. 9 (Hunt Oil Co., et al., Ratified 8-28-63------13 Producer.)4 (W. P. Prentiss, pro­ ducer.) Gas processing contract 10 4- 3-59. Ratified 9-30-63------13 Letter agreement (George L. Logan, 10-1-65.« producer.) (Placid Oil Co., Pro­ Amendment 10-31-6347~ NOTICES ducer.) 4 Amendment 12-3-6347— Gas processing contract Amendment 12-16-63 47_ 4- 11-59. Ratified 1-13-64------(Nebo Oil Co., Inc., (Skelly Oil Co., pro­ producer.)4 ducer.) 4 Gas processing contract Gas processing contract 9-1-59. 7- 23-58. (Shell Oil Co., pro­ Compression agreement ducer.)4 2-11-59. Gas processing contract Letter agreement 9- 26-60. 10-1-65 « Letter agreement (Carter Oil Co., now 10- 1-65.« Humble Oil & Ke- (Mobil Oil Corp., pro­ ftning Co., pro­ ducer.)4 ducer.) 4 Gas processing contract Notice of cancellation C167-299...... Oil Industries Asso­ Equitable Gas Co., Clay 3-11-59. ciates. District, Ritchie 9-6-66.»10 Letter agreement (CI64-747) County, W. Va. 10-1-65.« B 9-9-66 Notice of cancellation CI67-312__ — Burk Gas Corp. et al. United Gas Pipe Line (Sunray DX Oil Co., (successor to M. G. Co., Bethany Field, 8- 30-66.«» producer.)4 (G-6210)23 Panola County, Tex. Gas processing contract B 9-6-66 Hansbro, deceased). Contract 6-28-66------(») CI67-343...... Odessa Natural Gaso­ Panhandle Eastern Pipe 5- 10-58. line Co. Line Co., South Peek Letter agreement A 9-26-66 » Field, Ellis County, 12-14-65.« Okla. 139 (Pan American Petro­ Amerada Petroleum Panhandle Eastern Pipe Contract 8-5-664 M------leum Corp.. pro­ CI67-351...... A 9-26-66 « Corp., (Operator) et Line Co., Northeast ducer.)4 al. Waynoka Area, Woods Gas processing contract County, Okla. 10-30-63. Montlar Oil & Gas Equitable Gas Co., De- Contract 8-25-664. ------(G. H. Vaughn, Jr. and CI67-354...... Kalb District, Gilmer A 9-27-6614 Development Co., Jack C. Vaughn, Inc. (Operator) et al. County, W. Va. 3 producers.)4 James.W. Hershberger. Cities Service Gas Co., Contract 9-12-664------Gas processing contract 12 CI67-355------acreage in Barber 2-6-64. A 9-27-66 44 County, Kans. (Bodcaw Co., pro­ Contract 9-14-664— ---- 4 CI67-358------United States Natural Colorado Interstate Gas ducer.)4 Gas Corp. Co., Desert Springs, Gas processing con­ A 9-27-66 14 Area, Sweetwater tract 5-29-63. County, Wyo. Contract 8-31-664------1 (John Franks et al., CI67-360____ Prenalta Corp. (Oper­ ...... do...... producer.) A 9-28-66 « ator) et al. See footnotes at end of table.

FEDERAL REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 Docket No. FPC rate schedule to be accepted renderedPpursuant ^M ^G ^H m sbro, d eck ed 8FpStar Gas Co., East (CI64-764) (Operator) et al. Notice of cancellation 3 B 10-4-66 Hewitt Field, Carter 9-30-66.1» 3i County, Okla. CI67-383.. Texaco, Inc. — .do______(CI64-1171) Notice of cancellation 329 B 10-8-66 (undated).»» si 3i Well ceased producing in 1957. CI67-386...... Humble Oil & Refining Natural Gas Pipeline Co. Contract 4-20-66...... A 10-6-66 1» Co. (Operator) et al. of America, Camrick 407 the filing date.edUle WaS n0t filed Slnce Applicant anticipated that deliveries would not begin prior to 90 days from Field, Beaver and Supplement agreement 407 6-10-66.4 lS.Ocents™01 provides ior 17-° cents rate- Applicant has agreed to accept a permanent certificate conditioned to CI67-387__ Texas Counties, Okla. Jack E. Webber et al. Pennzoil Oil Co., Grant 3» Acreage dedication limited to the Morrow Formation A 10-S-66 (successor to Na­ Contract 10-22-64 35___ 61 bource of gas depleted. tional Producers, District, Doddridge Assignment 6-30-66"»¡T. Inc.) .3* County, W. Va. Amendatory agree­ ment 8-29-66.3? t M s p f f efle0tiVe Subject t0 refund 111 Docket No- a-«»261. Applicant has filed an offer of settlement in C 167-388__ Union Producing Co___ Effective date: 6-30-66. 33 Certificate issued to predecessor, McRae Oil and Gas Coro et al (0-13633)38 United Gas Pipe Line Notice of termination 35 Sr ,decessi i bad uot filed for authorization to render sale B 10-3-66 Co., Monroe Field, 9- 28-66/1» 3i 3» Frn^Ni.Hnri1^ 1 Produce£s> Inc. et al. and Pennzoil Co. Union Parish, La. C 167-395...... Pan American Petro- (C 163-782) : leum Corp. Consolidated Gas Supply Notice of cancellation 353 » “•Webba-e* B 10-7-66 Corp., Union District, 10- 5-66.1« si Tyler County, W. Va. latesto acreage covered by Supp.°N o)m o F P C ^ R S N o ^ n i / ^ docket wi,! !je terminated only insofar as it re- S3DI10N C 167-396___ Humble Oil & Refining A 10-10-66 » Valley Gas Transmission, Contract 10-3-66 4 3»__ ” Pro7ides for a depth limitation of 10,523 feet. Co. Inc., East Scott and 404 Hopper Field Area, N o . I ? COntract between Sun Oil Co., as seller and Southern Natural, as buyer; on file as Sun Oil Co. FPC GRS A C167-399. Brooks County, Tex. Provides for a price of 15.0256 cents ner Mcf and eliminates periodic escalation«; James W. Harris (suc­ Southern Natural Gas (0-6658) cessor to Sun Oil Contract 8-1-57 4»_.... F 10-3-66 Co.). Co., Gwinville Field, Amendment 4-15-60.*.' feet or T h e'pX xy F ^ m S f whiche^r ASSig“S intereSt t0’a depth °f 100 feet b elw 12.800 Jefferson Davis Letter agreement 44 ,.muaflon °f service previously unauthorized. . - County, Miss. 8-22-61. Letter agreement Blackburn GasolX^lan^and,delivered to'vaxiou^ Bu^ers^mder rate^h vf3) Ti1r wdl be processed in the 5-26-61. « 4 mends compression agreement with respect to o S S S 3chedules of hsted Producers already on file. Amendment 11-27-64 « 7 : i S ’SSSe“ ““ "8 C“ ttaM w prOTlf*M o f f« cempression by A p p ita t. C167-401...... Pan American Petro­ Assignment 6-8-654 ’ 7 A 10-10-66 « Northern Natural Gas Contract 5-16-664___ leum Corp. Co., acreage in Haskell 451 [F.R. Doc. 66-13164; Filed, Dec. 9,1966; 8:45 a.m.] County* Kans. C 167-453...... \ Edwin G. Bradley A 10-10-66 » (Operator) et al. Panhandle Eastern Pipe Contract 9-2-66 . Line Co., acreage in mington, Del., a registered closed-end C 16 7 -4 5 5 .__ Meade County, Ha.™« Burning Creek-Marrow­ United Fuel Gas Co., SECURITIES AND EXCHANGE A 1 0-6-66 w 2i bone Land Co. Contract 12-24-40. investment company, has filed an appli­ Hermit Field, Mingo Letter agreement cation pursuant to section 17(b) of the County, W. Va. 1-19-51. Letter agreement COMMISSION Investment Company Act of 1940 12-15-52. [812-2027] ( Act”). Applicant seeks an order ex­ empting from the provisions of section previously filed a s ^ if p ^ N a T ’ deceased’ continue sale under name of Johnson Oil & Gas Co. Copy of wi B.S.F. CO. 17(a) of the Act the proposed purchase s a r ’ nioratorium provided by Opinion No. 468. by Victor Carter from applicant of Notice of Filing of Application for 293,845 shares of the common stock t° those imposed in O p fifio n N o ^ .1'0 accept authorization for the additional acreage containing conditions simili Order Exempting Transaction ffective date: Date of initial delivery (Applicant to advise the Commission as to such date). ($0.50 par value) of Republic Corp. D ecember 5, 1966. ( ‘Republic”) for $2,644,605 to be evi­ , „Notice is hereby given that B.S.F. Co. denced by a series of Carter’s nonnego- ( applicant”), 818 Market Street, Wil- tiable and noninterest bearing notes payable as described below. All inter- No. 239- -8 FEDERAL REGISTER, VOL. 31, NO. 19— SATURDAY, DECEMBER 10, 1966 6l9STf 6l9STf NOTICES 15620 to unit holders. Units may be redeemed ested persons are referred to the appli­ Securities and Exchange Commission, Washington, D.C. 20549. A copy of such by the holders at their current net asset cation on file with the Commission for value. The Trust may be terminated a statement of the representations there­ request shall be served personally or by man (air mail if the person being served by 100 percent agreement of the unit in, which are summarized below. holders of the applicant, or, in the event Carter is an officer and director of Re­ is located more than 500 miles from the point of mailing) upon applicant at the that the value of the bonds shall fall public and holds more than 5 percent of below 20 percent of the aggregate prin­ Republic’s outstanding common stock. address stated above. Proof of such serv­ ice (by affidavit or in case of an attorney cipal amount of bonds initially deposited The 293,845 shares of Republic stock in­ therein, upon direction of the Sponsor volved here, which constitute applicant’s at law by certificate) shall be filed con­ temporaneously with the request. At any to the Trustee. entire holdings of Republic securities, In connection with the requested represent approximately 12' percent of timp after said date, as provided by Rule 0-5 of the rules and regulations promul­ exemption the Sponsor has agreed to Republic’s outstanding common stock. refund the original price including sales Under the Act, therefore, Republic is an gated under the Act, an order disposing of the application herein may be issued load paid by purchasers for units, if affiliated person of applicant and Carter by the Commission upon the basis of the within 90 days after the registration is an affiliated person of Republic. Ac­ information stated in said application, becomes effective, the net worth of the cordingly, section 17(a) of the Act, as unless an order for hearing upon said Trust shall be reduced to less than here pertinent, makes it unlawful for application shall be issued upon request $100,000 or if the Trust is terminated. Carter to purchase the Republic com­ or upon the Commission’s own motion. Applicant further represents that at the mon stock from applicant unless the present time the Sponsor maintains a Commission grants an exemption from For the Commission (pursuant to dele­ market for the units of the Nuveen Tax- the provisions of section 17(a) after gated authority). Exempt Bond Funds with which it is finding that the terms of the proposed [ seal] Orval L. D uB ois, similarly connected, and continually transaction, including the consideration Secretary. to be paid or received, are reasonable and offers to purchase such units at prices fair and do not involve overreaching on [FJR. Doc. 66-13291; Filed, Dec. 9, 1966; which exceed the redemption price for 8:47 a.m.] such units by amounts which depend the part of any person concerned, that upon general market conditions and that the proposed transaction is consistent as of the date of this application, partly with the policy of each registered invest­ [812-2034] ment company concerned and that it is as a result of these activities, no unit of NUVEEN TAX-EXEMPT BOND FUND, any of the previous Nuveen Tax-Exempt consistent with the general purposes of Bond Funds has ever been redeemed. Act SERIES 13 The common stock of Republic is listed It is the Sponsor’s intention to maintain on the New York Stock Exchange. On Notice of Application for Order of a market for the units of the applicant Exemption and to continuously offer to purchase October 17, 1966, the closing price of such units at prices in excess of the Republic common stock on such ex­ D ecember 6, 1966. change was $4 a share. On the basis of redemption price as set forth in the Trust that quotation, the 293,845 shares of Re­ Notice is hereby given that Nuveen Agreement, although the Sponsor is not public common stock proposed to be Tax-Exempt Bond Fund, Series 13 (“ap­ obligated to do so. acquired by Carter would have had an plicant”) , 209 South La Salle Street, Notice is further given that any in­ aggregate market price of $1,175,380. Chicago, 111. 60604, a unit investment terested person may, not later than The notes to be issued by Carter, which trust registered under the Investment December 19, 1966, at 5:30 p.m., submit as stated hereinabove, will aggregate Company Act of 1940 (“Act”) , has filed to the Commission in writing a request $2,644,605 in principal amount and will an application pursuant to section 6(c) for a hearing on the matter accompanied be noninterest bearing and nonnegoti- of the Act for an order of the Commis­ by a statement as to the nature of his able, will be due in 54 monthly install­ sion exempting applicant from compli­ interest, the reason for such request and ments of $35,000 each commencing on ance with the provisions of section 14(a) the issues of fact or law proposed to be July 15, 1967, and in one additional in­ of the Act. In substance, section 14(a) controverted, or he may request that he stallment of $754,605 which will be due of the Act provides that no registered be notified if the Commission shall order on February 15, 1973 (13 months follow­ investment company shall make a public a hearing thereon. Any such commu­ ing the due date of the 54th monthly offering of securities of which it is the nication should be addressed: Secretary, installment). The Republic shares to be issuer unless it has a net worth of at Securities and Exchange Commission, purchased by Carter will be held in least $100,000. All interested persons are Washington, D.C. 20549. A copy of such escrow by Union Bank, Los Angeles, referred to the application on file with request shall be served personally or by Calif., as security for payment of the the Commission for a statement of ap­ mail (airmail if the person being served notes. Republic shares will be released plicant’s representations which are sum­ is located more than 500 miles from the from escrow and delivered to Carter on marized below. point of mailing) upon applicant at the the basis of one share for each 9 dollars Applicant is one of a series of 13 simi­ address stated above. Proof of such paid on the notes. During the period lar funds, named “Nuveen Tax-Exempt service (by affidavit or in case of an that the Republic shares are held in Bond Fund,” organized pursuant to a attorney at law by certificate) shall be escrow, Carter will be entitled to all dis­ Trust Indenture and Agreement between filed contemporaneously with the re­ tributions on those shares, but such dis­ John Nuveen & Co. as Sponsor and quest. At any time after such date, as tributions will be delivered to and held United States Trust Company of New provided by Rule 0-5 of the rules and by the escrow agent. Carter will have York as Trustee. Under the Trust Agree­ regulations promulgated under the Act, the power to exercise all voting rights ment the Sponsor will deposit with the an order disposing of the application with respect to the Republic shares to be Trustee a minimum of $5 million prin­ herein may be issued by the Commission purchased by him while they are held cipal amount of municipal bonds and will upon the basis of the information stated under the escrow agreement. receive in exchange therefor certificates in said application, unless an order for Notice is further given that any inter­ for 50,000 units of undivided interest in hearing upon said application shall he the trust. I t is proposed to offer such issued upon request or upon the Com­ ested person may, not later than Decem­ units for sale to the public and for this ber 20, 1966, at 12:30 p.m. submit to the mission’s own motion. Commission in writing a request for a purpose a registration statement under hearing on the matter accompanied by the Securities Act of 1933 has been filed For the Commission (pursuant to dele­ a statement as to the nature of his in­ and has not yet become effective. The gated authority). terest, the reason for such request and Trust Agreement provides in substance that no additional bonds will be de­ [ seal] Orval L. DuBois, the issues of fact or law proposed to be posited during the life of the Trust and Secretary. controverted, or he may request that he no additional units will be issued. The be notified if the Commission shall order proceeds of bonds which may be sold, [F.R. Doc. 66-13292; Filed, Dec. 9, 1966, a hearing thereon. Any such communi­ 8 :47 a.m.l cation should be addressed: Secretary, redeemed, or matured will be distributed

FEDERAL REGISTER, V O L 31, NO. 239— SATURDAY, DECEMBER 10, 1966 NOTICES 15621 [Pile No. 1-4371] East Point, Ga. 30044. Applicant’s rep­ WESTEC CORP. proved the transfer to Turner Motor resentative: Monty Schumacher, 1375 Coach, Inc., Fitchburg, Mass., of the Order Suspending Trading Peachtree Street NE., Atlanta 9, Ga. operating rights of John W. Turner Authority sought to operate as a com­ doing business as Turner Motor Coach D ecember 6,1966. mon carrier, by motor vehicle, over ir­ The common stock, 10 cents par value, regular routes, as follows; Glass con­ Service, Fitchburg, Mass., in certificates of Wes tec Oorp., being listed and regis­ tainers and closures, palletized, on flat­ Nos. MC-6344, MC-6344 (Sub-No. 1) tered on the American Stock Exchange bed trailers only, from Montgomery, Ala., MC-6344 (Sub-No. 2), MC-6344 (Sub- pursuant to provisions of the Securities to points in North Carolina, South Caro­ No. 3), MC-6344 (Sub-No. 4), MC-6344 Exchange Act of 1934 and all other lina, Tennessee, Georgia, Florida, Missis­ (Sub-No. 5), and MC-6344 (Sub-No. 6) securities of Westec Corp., being traded sippi, Louisiana, and Kentucky, for 180 issued May 2, 1952, December 11, 1952' otherwise than on a national securities days. Supporting shipper: Brockway June 7, 1957, August 19, 1958, February exchange; and Glass Co., Inc., Brockway, Pa. 15824. 26,1959, May 17,1963, and November 17, It appearing to the Securities and Send protests to: ^Villiam L. Seroggs, 1966, respectively, authorizing the trans­ Exchange Commisison that the summary District Supervisor, Bureau of Operations portation, over irregular routes of pas­ suspension of trading in such securities and Compliance, Interstate Commerce sengers and their baggage, varying as to on such Exchange and otherwise than Commission, Room 300, 680 West Peach­ the particular type of passenger service, tree Street NW., Atlanta, Ga. 30308. from and to specified points in every on a national securities exchange is re­ State, except Hawaii; and over regular quired in the public interest and for the By the Commission. routes, of passengers, between Fitchburg protection of investors; Mass., and Nashua, N.H., and all inter­ It is ordered, Pursuant to sections [seal] h . N eil Garson, 15(c) (5) and 19(a) (4) of the Securities Secretary. mediate points between Fitchburg and Exchange Act of 1934, that trading in [F.R. Doc. 66-13289; Piled, Dec. 9,1966; the Massachusetts-New Hampshire State 8:47 a.m.] line. Edwin E. Kaarela, 56 Elm Street such securities on the American Stock Fitchburg, Mass. 01420, attorney for Exchange and otherwise than on a na­ [Notice 1449] applicants. tional securities exchange be summarily No. MC-FC-69208. - By order of De­ suspended, this order to be effective for MOTOR CARRIER TRANSFER cember 6, 1966, the Transfer Board ap­ the period December 7, 1966, through PROCEEDINGS proved the transfer to James R. Mitchell December 16, 1966, both dates inclusive. and Maynard W. Hadley, Jr., a partner- By the Commission. D ecember 7, 1966. ship, Medford, Oreg., of the operating Synopses of orders entered pursuant to [seal] O rval L. D uB ois, rights in certificate No. MC-124462 is­ section 212(b) of the Interstate Com­ sued September 11, 1963, to Richard M. Secretary. merce Act, and rules and regulations pre­ Komer, Medford, Oreg., authorizing the [F.R. Doc. 66-13293; Piled, Dec. 9, 1966; scribed thereunder (49 CFR Part 179), 8:47 a.m.] transportation, over irregular routes o f. appear below: wrecked and disabled motor vehicles, As provided in the Commission’s spe­ by use of wrecker-type equipment, from cial rules of practice any interested per­ points in Siskiyou and Del Norte Coun­ son may file a petition seeking recon­ ties, Calif., to points in Oregon, and from INTERSTATE COMMERCE sideration of the following numbered points in Jackson, Josephine, and Doug­ COMMISSION proceedings within 20 days from the las Counties, Oreg., to points in Cali- date of publication of this notice. Pur­ A Earle v - White, 2130 Southwest [Notice 300] suant to section 17(8) of the Interstate Fifth Avenue, Portland, Oreg. 97201 MOTOR CARRIER TEMPORARY Commerce Act, the filing of such a peti­ attorney for applicants. tion will postpone the effective date of AUTHORITY APPLICATIONS No. MC-FC-69227. By order of No­ the order in that proceeding pending its vember 30, 1966, the Transfer Board ap­ D ecember 7,1966. disposition. The matters relied upon by proved the transfer to Butler Trucking The following are notices of filing of petitioners must be specified in their Co., Inc., Endicott, N.Y., of certificates applications for temporary authority petitions with particularity. Nos. MC-37416 and MC-37416 (Sub-No under section 210a(a) of the Interstate No. MC-FC-69183. By order of No­ 1), issued January 21, 1941, and March Commerce Act provided for under the vember 30, 1966, the Transfer Board ap­ 23,1948, to Edward J. Butler, doing busi­ new rules in Ex Parte No. MC 67 (49 CFR proved the transfer to Robert W. Biscoe, ness as Butler Trucking Co., Endicott, Part 240) published in the F ederal R eg­ doing business as Biscoe Transfer, Cot­ N.Y., the former authorizing the trans­ ister, issue of April 27,1965, effective July tage Grove, Minn., of Permit in No. MC- portation of household goods, over ir­ J* J965- These rules provide that pro­ 117073, issued October 19,1959, to Robert regular routes, between Binghamton, tests to the granting of an application W. Biscoe and William H. Biscoe, a Endicott, Johnson City, Union, and must be filed with the field official named partnership, doing business as Biscoe Vestal, N.Y., on the one hand, and, on « th e F ederal R egister publication, Transfer, Cottage Grove, Minn., author­ the other, points and places in Connecti­ within 15 calendar days after the date izing the transportation of: Coal, from cut, Delaware, Maryland, New Jersey, n°h 1966. Applicant: J. N. [seal] h . N eil Garson, extending to points in New yorir Secretary. p S ER & SON TRANSFER COM- No. MC—FC—69205. By order of De­ AJN5r>a corporation, Post Office Box 818 [P.R. Doc. 66-13290; Piled, Dec. 9, 1966; cember 6, 1966, the Transfer Board ap- 8:47 a.m.] FEDERAl REGISTER, VOL. 31, NO. 239— SATURDAY, DECEMBER 10, 1966 15622 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— DECEMBER

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 December.

I 7 era— CFR—Continued p“88 14 CFR— Continued 3 CFR 1076---- J506! 91______15317 P roclamations : „ 1078 ______15061 97______15134 0 7CC 15227 121______15191 oricß 15229 1079 15061 1090----- 15061 P roposed R ules: til 15231 1094 15061 67 15324 1096 ______15061 71~______15096, Executive Orders: 1097 ______15061 15097, 15242, 15243, 15545, 15600 10214 ( s e e EO 11317)----- 15305 1098 ______15061 101______15490 11 <11 7 ___ 15305 1101 ______15061 «11318 15307 1 1102 ______15061 15 CFR 1103— ______15061 230______15309 5 CFR 1106______l 506! 017 15133 1108______15061 16 CFR 110K 15061 13 15192 iill:::::::::::::::::_____ woei 15—II I —______15238 6 CFR 1134______15061 73 _ 15233 1132______15061 18 CFR 11 qq 15061 154______15485 1136— ______15061 7 CFR 1137 ______15061,15087 260______15309 1 « ____ 15483 1138 ______15061 P roposed R ules: 722______15142,15316 I 1404______15485 154______15325 730 __ 15529 1468___ — ______15234 260______15325 811 15581 1 1472 15234 813 ___ 15483 I 19 CFR 15189, 15584 I P roposed R oles: 905------15059, Ch. IX______15594 1 ______15193 QOS _ _ 15233 2— 1— I I I ______15349 _ 15190, 15316, 15585 52______— 15149,15151 907______812______15323 P roposed R ules: '910______15190,15585 ! 15484 817______15147 6 ______15587. Q11 __ giO______15544 944 15484 24 _ " ______15544 949 15234 971______*______15153 Q£Q _____ 15530 992______15153 20 CFR 15145 1032______15598 oca __ _ 15238 QRQ 1064______: ------15544 1002 15585 345:::::::::::::::::--. ______15233 1 oos 15060 1101______------15154 1106______15598 P roposed R ules: 1903 15061 15198 _15061 1126______15598 404______i o n s 602______15490 1 0 0 8 15061 1009 15061 8 CFR 10 11 _____ 15061 904 ______15322 21 CFR 15061 ___ 15235 15088 1 0 1 2 ______15088 1013______15062 __ 15235 1016______15063 252 ______15322 121______1031 ______15061 299______15235,15322 15090, 15193, 15239, 15309, 15570. 1032 ______15061,15064 15091 1033—______15061 10 CFR 191______- 1034 ______15061 ______15145 P roposed R ules: 1035 ______15061 20 ______15145 17 ______15095 1036 ______15061 32— ______15145 130 ______15096 1038 ______15061 40 ______15145 1039 ______15061 SO ______15145 22 CFR 1040 ______15061 150 _____ 15145 191 ______15174 1041——______15061,15074 122 ------15174 1043 ______15061 12 CFR 123 ------15174 1044 ______15061 546______15235r15569 15174 1045 ------15061 15174 P roposed R ules: 125 ______1046 _ 15061 525______15158 15174 1047 ______15061 126 ______15174 1049 _ 15061 127. 15195 1050 ______15061,15076 13 CFR 201- 15571 1051 ______15061 121______- — 15145 208- 1062 ______15061 Proposed R ules: 23 CFR 1063 ______15061 107______15603 15197 1064 ______15061 215______1065 ______15061 P roposed R ules: 15212,15600 1066 ______15061 14 CFR 245______1068 ______— 15061,1508639 ______15191,15317 1069 ______15061 4 7 15349 26 CFR 49 " ______15349 1070 ______15061 P roposed R ules: . 1071______15061 7 l ” : -15087, 15236, 15237, 15531, 15569 _____ 15587 1073______15061 73 ______15087,15088,15531 1______15095,15587 1075______15061 75______15088,15237 31______fe d er a l r eg ist er 15623 29 CFR Page 42 CFR Page Proposed R ules: 73...... 46 CFR— Continued Page 15092 % $ ------15284 95 ------15285 32 CFR 43 CFR 96 ------152g5 1820 __ 97 ------15286 717 lOOOl 15541 98 ------1528g 718 ------15318----- 15318 44 CFR i l l ------15288 1 5 2 8 g 801 _ 15312 oc?a------15318 802. - ~ 15312 HI------15296 803 ““ ---- 15312 157------15573 804 15312 16?------15297 32A CFR 46 CFR 176------15298 BDSA (Ch. I): 2 1ft?------M-11A, Schedule A___ 16riq 15266 3 ” 15266 182------15299 Dir‘ 1------15320 10. _ _ M-11A, Dir. 2----- ______15321 15266 1R7------25___ 15267 1 0 ------15300 33 CFR 30 15267 31 15267 47 CFR 23_. 32. 73___------15239 33. . 15267 203. 15310 . 15268 ------15313, 15486 207. 34. 15310 36. . 15268 f 7 ------— 15315 38 CFR 35. . 15269 89------1557g 38. . 15268 ai___------15579 l ______15091,15092 . 15269 93__------— ------15579 40_ . 15276 39 CFR 43_ . 15280 95------15580 1_ 97------15543 Ch. I___ 15350 52. . 15280 54. . 15280 P roposed R ules: 41 CFR . 15280 2------15491 70. 15280 1-10___ _ ------15092 71_ 18------15158 1-16_____ .15281 ------15092 72. 15281 21------15600 8-1_____ ------15311 73. 73 - 15Q97 8-7____ 15281 ------15312 75. 15281 74 - 15491 8-14____ ------15312 76.. 11-50____ 15282 ------15239 77_. 15283 49 CFR 101-26___ —...... 15571 78.. 101—38__ _ ------15571 90 15283 95__------15488, .15581 101-45____ 15284 91_. 15284 50 CFR 1U1101-47 47 ---- 1509415541 92_. 15284 33------15133, 15197, 15241, 15489, 15581

UNITED STATES GOVERNMENT ORGANIZATION

7| MANUAL 1966-67 KNOW ___ YOUR GOVERNMENT U.S. GOVERNMENT ORGANIZATION MANUAL 1966-67 EDITION

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