Federal Register Volume 30 • Number 39
FEDERAL REGISTER VOLUME 30 • NUMBER 39
Saturday, February 27,1965 • Washington, D.C. Pages 2575-2633 Subscriptions Now Being Accepted SLIP LAWS 89th Congress, 1st Session 1965
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jS" I~1 t7>-- Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEHERAL»REGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (m ail address National Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8 B ), Under regulations prescribed by the Admin istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I). Distribution is made only by the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The Federal Register will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, payable in advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit check or money order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of Federal R egulations, which is published, under 50 titles, pur suant to section 11 of the Federal Register Act, as amended. The Code of Federal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. There are ho restrictions on the republication of material appearing in the Federal Register or the Code of Federal regulations. Contents CONSUMER AND MARKETING May Broadcasting Co. (KMTV) et al______2621 THE PRESIDENT SERVICE EXECUTIVE ORDER Rules and Regulations FEDERAL COMMUNICATIONS Discontinuing the defensive sea Fruit: COMMISSION area off the coast of North California and Arizona: Carolina______.1------2579 Handling limitations: Notices Grapefruit______2592 Hearings, etc.: Lemons______2591 Chapman Radio and Television Oranges: Co. and Anniston Broadcast EXECUTIVE AGENCIES Navel______2590 ing Co______2622 Valencia ______2590 Chicagoland TV Co. et al_____ 2622 AGRICULTURAL STABILIZATION Shipments limitation; grape Chronicle P u b lis h in g Co. fruit______2591 (KRON-TV)______2623 AND CONSERVATION Florida; grapefruit; shipments United Broadcasting Co., Inc— 2624 SERVICE limitation______2589 Western California Telephone Poultry soups; postponement of Rules and Regulations Co. and Pacific Telephone and effective date of amendment— 2588 Telegraph Co______2623 Peanuts; allotment and market Proposed Rule Making 5 KW , Inc., and Marietta Broad ing quota, 1963 and subsequent casting Co__------2623 crops______2589 Milk in certain marketing areas: Referendum on marketing quotas St. Joseph, Mo., and Greater for burley tobacco; special pro Kansas City; extension of FEDERAL MARITIME visions______2588 time for comments______2604 COMMISSION San Antonio, Tex.; termination Proposed Rule Making of suspension proceedings— 2604 Notices Peanuts, Valencia; supply, 1965- Prunes, dried, produced in Cali Agreements filed for approval: 66 marketing year______2601 fornia; hearing______— ------2601 City of Oakland and Sea-Land Notices of California, Inc______2624 Japan-Atlantic and G u lf AGRICULTURE DEPARTMENT Stockyards: Freight Conference______2624 Daytona Horse Sales, Inc., et al.; See Agricultural Stabilization and Pacific Far East Line, Inc., and deposting_— — ------2617 Kawasaki Kisen Kaisha, Ltd- 2624 Conservation Service; Commod Shantz & Rodman Livestock Trans-Pacific 'Freight Confer ity Credit Corporation; Con Commission Co., Inc., et al— 2616 sumer and Marketing Service. ence of Japan______2625 CUSTOMS BUREAU FEDERAL POWER COMMISSION AIR FORCE DEPARTMENT Notices Notices Rules and Regulations Special Customs invoice; hear ing______2616 Hearings, etc.: Decorations and awards______2581 Harper Oil Co. et al______2625 R & G Drilling Co., Inc., et al— 2627 DEFENSE DEPARTMENT ATOMIC ENERGY COMMISSION See Air Force Department. FOOD AND DRUG Notices ADMINISTRATION Issuance of facility license amend- FEDERAL AVIATION AGENCY ments: Rules and Regulations Rules and Regulations General Dynamics Corp______2619 Drugs: University of Michigan ____ 2619 Transition areas: Penicillin; change in expiration Designation______.___— ------2597 date______:______2600 Redesignation------2596 Sodium cloxacillin monohy CIVIL AERONAUTICS BOARD Transition areas and con trol drate------2597 Notices zones, designation; and revoca Pesticide chemicals in or on raw tion of control area extension— 2596 agricultural commodities; status Hearings, etc.: Proposed Rule Making of citric acid et al______2597 American Airlines, Inc., et al___ 2620 Compañía Peruana Interna Control zones and transition Proposed Rule Making cional de Aviación, S.A______2621 areas: Pesticide chemicals in or on raw Piedmont Aviation, Inc______2619 Alterations (3 documents) _ 2606-2608 agricultural commodities; lico Alterations and designations rice root; exemption______2605 (2 documents)-—______2608,2609 Salt; anticaking agents and cer CIVIL SERVICE COMMISSION Designation; withdrawal______2610 tain other incidental additives; Control zones, transition areas, exemption___— ------.— 2604 Rules and Regulations and control area extensions: Technical white mineral oil; uni Pay systems; rate determination, Alteration, designation, and rev formity of nomenclature-—___ 2605 and rate of basic compensation ocation— ______— ------— — 2611 in conversion actions 2588 Designation and revocation (2 Notices documents)___— ______2606,2610 Food additives; filing of petitions: Transition areas: Blatchford Calf Meal C o „ _____ 2617 COMMODITY CREDIT Alteration______— - 2612 Firestone Synthetic Rubber and Designation__I ------— ------— 2612 Latex Co______- ___ i — — 2618 CORPORATION Notices Morton Chemical Co_— — ___ 2618 Rules and Regulations Reichhold Chemicals, I n c „ „ „ 2618 Air navigation; determinations of West Chemical Products——_— 2618 Cotton domestic allotment pro-* no hazard: gram, 1965— ;— 2592 Atlantic Telecasting Corp— — . 2621 (Continued on next page) 2577 2578 CONTENTS
HEALTH, EDUCATION, AND Motor carrier transfer proceed SMALL BUSINESS ings— ______2629 WELFARE DEPARTMENT Specification of types of cases with ADMINISTRATION See Food and Drug Administra respect to which determinations Proposed Rule Making tion. may be made by Finance Review Definition of small business man Board______2628 HOUSING AND HOME ufacturer for purpose of bidding on certain items______2614 FINANCE AGENCY JUSTICE DEPARTMENT Investment companies; examina Notices Rules and Regulations tions and reports______2613 Regional Administrator, San Organization; assignment of func Notices Francisco; redelegation of au tions to Executive Assistant to Alabama; disaster area declara thority______2628 the Attorney General_____ -____ 2588 tion..— ______2628 INTERIOR DEPARTMENT SECURITIES AND EXCHANGE Notices COMMISSION Mitchell, Charles S.; statement of TREASURY DEPARTMENT changes in financial interests. _ 2617 Notices Securities Corporation General; See also Customs Bureau. INTERSTATE COMMERCE application.__ i... _ ____ ..... __ 2625 Notices COMMISSION Northwestern National Casualty Notices Co.; surety on Federal bonds; Fourth section applications for authorization and termination relief______2628 of authorization______2616
List of CFR Parts Affected (Codification Guide) The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1965, and specifies how they are affected.
3 CFR 13 CFR E x e c u t iv e O r ders: P roposed R u l e s : 5786 (revoked by EO 11199)______2579 107______2613 11199______2579 121______4______2614 5 CFR 14 CFR 71 (3 documents)______2596,2597 531______2588 539_____ 2588 P roposed R u l e s : 71 (11 documents)______2606-2612 7 CFR 21 CFR 81______2588 120______2597 717______2588 141a______2597 729______— ______2589 145______2597 905______2589 146a (2 documents) ______2597,2600 907 ______2590 908 ______£______2590 P roposed R u l e s : 909 ___ 2591 5______.______2604 910...______2591 10______2604 912______2592 120 ______2605 1427______2592 121 ______2605 P roposed R u l e s : 28 CFR 729______2601 993______,-s*______2601 0______2588 1061______— 2604 1064______. . . ____ 2604 32 CFR 1127— . . ______2604 882 2581 Presidential Documents
Title 3— THE PRESIDENT Executive Order 11199 DISCONTINUING THE DEFENSIVE SEA AREA OFF THE COAST OF NORTH CAROLINA By virtue of the authority vested in me by Section 2152 of Title 18 o f the United States Code, and as President of the United States, it is ordered as fo llo w s :
S e c t io n 1. The defensive sea area off the coast of North Carolina, heretofore existing under the provisions of Executive Order No. 5786 o f January 30,1932, is hereby discontinued.
S ec. 2. Executive Order No. 5786 of January 30, 1932, is hereby revoked. L y n d o n B . J o h n s o n T h e W h i t e H o u s e , F e b ru a ry 1965. [F.R. Doc. 65-2184; Filed, Feb. 26,1965; 12: 35 p.m.]
Rules and Regulations
explain who is eligible to receive them, presented an award for service prior to Title 32— NATIONAL DEFENSE and how and by whom they are awarded. his dishonorable behavior, the award will They include information on service not be revoked unless specifically directed Chapter VII— Department of the Air awards conferred by other United States by Headquarters USAF. Force agencies and foreign countries. These § 882.103 Number of awards a person SUBCHAPTER I— MILITARY PERSONNEL subparts apply to Air Force Reserve and may receive. Air National Guard personnel. PART 882— DECORATIONS AND Only one award of a specific United AWARDS § 882.101 Authorized service medals States service medal or Philippine serv and ribbons. ice ribbon will be made to the same per Revision of Subparts B—E The service medals and ribbons de son. Devices will be awarded to denote Present Subparts B through E of Part scribed in Subparts B through E of this additional awards in those instances 882 are deleted and the following substi part are listed in the following para specified in Subparts B through E of this tuted therefor. graphs. The order of precedence for part. these medals and ribbons is prescribed § 882.104 Posthumous awards. Subpart B— Service Awards in AFM 35-10 (Service and Dress Uni Sec. The service awards and devices listed 882.100 Purpose. forms for Air Force Personnel). 882.101 Authorized service medals and (a) Good Conduct Medal or Air Force in Subparts B through E of this part ribbons. Good Conduct Medal. may be awarded posthumously. In ad 882.102 EligibUity. (b) American Defense Service Medal. dition, the next of kin is entitled to 882.103 Number of awards a person may (c) Women’s Army Corps Service receive a complete set of the service receive. Medal. awards earned by the deceased mem 882.104 Posthumous awards. (d) American Campaign Medal. ber of the Air Force whether or not they 882.105 Awards by foreign countries. were previously presented to him. If 882.106 Furnishing awards to personnel not (e) Asiatic-Pacific Campaign Medal. on active duty.
USAP Mil Pers Cen (AFPMPPE), Ran the Secretary of the Air Force, sample (b) Air Force Good Conduct Medal. ] dolph APB, Tex., 78148. These will be service awards may be furnished with Established by the Secretary of the Air ] sent by letter of transmittal including out charge for public display to United Force, effective June 1, 1963, under au full name and service number of the States Government agencies not under thority delegated in Executive Order j member, name of the award and the military jurisdiction. 10444, April 10,1953, to provide a distinc- j country making it, citizenship status at (c) Where to send requests. All retive medal for award by the Air Force. time of the award, and inclusive dates quests for service awards for exhibit or (c) Requirements for award— (1) i of service recognized by the award. display will be submitted to USAP Mil Quality of service. The Good Conduct 1 Headquarters USAP will forward the Pers Cen (AFPMPPE), Randolph AFB, Medal or the Air Force Good Conduct j award to the Department of State, where Tex., 78148, for approval by the Secre Medal is awarded for exemplary be- j it will be held pending authorization by tary of the Air Force. havior, efficiency, and fidelity in an en Congress for the member to wear it. listed status while in the active Federal ■ (2) Notification 1to member when§ 882.109 Manufacture, sale, and pos military service of the United States. \ session of awards. Congress authorizes wear on uniform. During the period considered for the When Congress authorizes official wear, By law (18 U.S.C. 701 and 704), the award, there must be no conviction by a Headquarters USAP will withdraw the manufacture, sale, or possession of any civil court (other than for a minor traffic award from the Department of State and Air Force service award, or the pictorial violation) or by court martial, or rec forward it to the member. This section representation in regulation size of such ord of punishment under Article 15. j does not apply to thè Philippine service award, is prohibited unless authorized Where such conviction or record of awards described in Subparts B through by the Department of the Air Force. punishment exists, creditable service E of this part. toward the Good Conduct Medal or the N o t e : Pursuant to a White House in Subpart C— Service Medals and Lon Air Force Good Conduct Medal begins ’ struction, the Department of State prepares gevity Service Award Ribbon the day following any time lost under an omnibus authorizing bill on all foreign 10 U.S.C. 8638 and/or the day following awards held for retired persons, for trans § 882.200 Good Conduct Medal and the completion of any punishment im mittal to Congress one full month before Air Force Good Conduct Medal posed by a court martial, including the beginning of the Second Session of each (AFGCM) alternate Congress, or every fourth year, i.e., punishment under Article 15. Any pe 1962, 1966, etc. At the present time, such (a) Good Conduct Medal. Estabriod of service covered by a “referral” legislation may not be introduced for other lished by Executive Order 8809, June 28, Airman Performance Report, AF Form than retired personnel. Since the seeking 1941, as amended by Executive Order 75, is disqualifying for the award of the of authority to wear a foreign service award 9323, March 31, 1943, and Executive medal. Table 1 explains the basis for is at the option of the individual concerned, commanders should thoroughly explain the Order 10444, April 10, 1953. award. procedures stated in this section so that the individual will be fully aware of the legis T able 1 lative requirements before he elects to seek BASIS FOE AWARD OF GOOD CONDUCT MEDAL OE AIR FORCE GOOD CONDUCT MEDAL Congressional authorization to wear the award. For service from— Basis for award August 27, 1937, to Sep All “character” and “efficiency” ratings must have been recorded § 882.106 Furnishing awards to person tember 30, 1957. as “excellent” or higher, except that the following ratings are nel not on active duty. not disqualifying: ratings of “unknown”; service school effi (a) Retired Air Force personnel. Re ciency ratings below “excellent” awarded prior to March 3, 1946. tired Air Force personnel normally will October 1, 1957, to April Specific recommendation of the unit commander must have been have been furnished all awards prior to 14,1960. recorded in section X o f AF Form 75, “Airman Performance retirement or at the time of retirement. Report.” If, for any reason, awards are not fur April 15, 1960, to pres Specific recommendation of the unit commander, who will con nished prior to or at time of retirement, ent. sider carefully the prerequisite requirements for the award— exemplary behavior, efficiency, and fidelity; the chronological retired personnel will obtain awards listing of past service creditable for award of the medal (Note); from the air base at which the individual information contained in AF Form 75, “Airman Performance retired. Report”; and all other information available within the unit (b) Persons not on active duty and not reflecting the quality of service of the airman concerned. members of a Reserve component. Au thorized awards may be obtained from: N o t e : Information contained in “Remarks,” AF Form 7; see paragraph 8-18, AFM 35-12 (Airman Military Personnel Records System). General Services Administration, Air Force Branch, Military Personnel Records Center, 9700 Page Boulevard, St. Louis, Mo., 63132. (2) Length of service. Provided theters are issued in two sizes— large and above quality requirements are met, the small— and in two colors— bronze and § 882.107 Engraving. basic Good Conduct Medal or Air Force. silver. The large size is worn on the Service medals will not be engraved at Good Conduct Medal may be awarded suspension ribbon of the Air Force Good Government expense. Recipient may for periods of continuous service given in Conduct Medal, and the small size on the have the medal engraved with his name Table 2. ribbon bar. A bronze oak leaf cluster at his own expense. (d) Type of medal to be awarded. Anis used for the second through fifth, airman who qualified for award of the seventh through tenth, etc., awards of § 882.108 Use of awards in exhibitions. basic Good Conduct Medal or a succes the Air Force Good Conduct Medal. A (a) By public institutions and pa sive award of the Good Conduct Medal silver oak leaf cluster is used for the triotic societies. Upon approval by the on or before May 31,1963, will be awarded sixth,, eleventh, etc., award, or in lieu Secretary of the Air Force, sample serv the Good Conduct Medal, or the ap of five bronze oak leaf clusters. (See ice awards for exhibit purposes may be propriate clasp. An airman who com AFM 35-10 for the proper placement of furnished at cost price, including charges pletes the qualifying service on or after oak leaf clusters on the suspension rib for packing, transportation, and engrav June 1, 1963, will be awarded the Air bon and ribbon bar.) ing each medal with the words “Exhi Force Good Conduct Medal. When both (e) Computation of total service. Pe bition Only.” Samples will be furnished medals have been awarded, they must riods of service as a commissioned officer only to museums; libraries; and histori be worn with the Air Force Good Con or warrant officer, other than Regular cal, numismatic, and military societies duct Medal taking precedence over the Air Force, will not be considered as an and institutions of such public nature Good Conduct Medal. After award of interruption of continuous service, al as to assure an opportunity for the public the first Air Force Good Conduct Medal, though such periods will not be included to view them under circumstances bene successive awards will be denoted by oak in computation of total service accumu ficial to the Air Force. leaf clusters, which are identical to the lated. A period in excess of 24 hours (b) By U.S. agencies outside the De clusters used to denote additional awards between enlistments or between periods partment of Defense. Upon approval by of military decorations. Oak leaf clus- of commissioned and enlisted service will Saturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2583 be considered a break in continuous ac Air Force Good Conduct Medal under § 882.205 European-African-Middle tive service. Time spent in either avia Subparts B through E of this part. Eastern Campaign Medal. tion cadet or officer candidate status is (g) Time period required after basic (a) Authorization. Established by creditable provided it meets the require award. After the basic award of the Executive Order 9265, November 6, 1942, ments of paragraph (c) (1) of this sec Good Conduct Medal or Air Force Good as amended by Executive Order 9706, tion. Conduct Medal, a 3-year period of con March 15, 1946. (f) Service in the Navy, Marine Corps, tinuous active service is always required (b) Requirements for award. or Coast Guard. Service performed in for additional awards of these, medals. Awarded for service within the EAME the United States Navy, Marine Corps, Service must always meet the require (European - African - Middle Eastern) or Coast Guard may not be credited for ments of paragraph (c )(1 ) of this sec Theater between December 7, 1941, and award of the Good Conduct Medal or tion. November 8, 1945, under the same con
T able 2. Length of service requirements for basic award of Good Conduct Medal or Air Force Good Conduct Meda ditions described in § 882.204(b), (1), (2), and (3). Upon separation (c) Service stars. A service star is awarded to denote participation in a Upon completion battle campaign. of continuous Completion of 1 For physical dis Basic award will For service during— active Federal year but less than ability incurred be the— service for a 3 continuous in the line of § 882.206 World War II Victory Medal. period of— years active Fed duty for less than eral military 1 continuous (a) Authorization. Established by service 1 year Public Law 135, 79th Congress (59 Stat. 461). Y ea rs (b) Requirements for award. Aiig 27, 1937 Dec fi, 1941 3 Good Conduct Medal. Awarded for any period of service be Dec. 7,1941-Mar. 2, 1946 (W W li).. 1 8 . Do. Mar. 3 ,1946-June 26,1950 3. - X 2...... X 2. ______Do. tween December 7, 1941, and Decem June 27,1950-July 27,1954 (Korean 1 » x - •...... X ______Do. ber 31, 1946. Operation). .Tnlv 28, 1954-May 31, 1963 3 X ...... X ...... Do. § 882.207 Army of Occupation Medal. 3___ X ...... - ...... - X ______Air Force Good . Con duct Medal. (a) Authorization. Established by During any future period while l 8 X ...... - ...... X ...... Do. United States is at war. War Department General Orders 32, 1946. includes termination of active Federal military service in an enlisted status in order to accept a commission. (b) Requirements for award. 2 Applicable only if some portion of the service is performed after June 27,1960. Awarded for 30 consecutive days at a 3 The entire year must have been served during the period indicated in column one. normal post of duty (as contrasted to § 882.201 American Defense Service period of 30 consecutive days or 60 days inspector,, visitor, courier, escort, pas Medal. not consecutive. senger status, temporary duty, or de (a) Authorization. Established by Ex (3) Outside the continental United tached service) while assigned to the States in a passenger status or on tem ecutive Order 8808, June 28, 1941. United States occupation forces during (b) Requirements for award. Award porary duty for 30 consecutive days or the prescribed time limits in any of the ed for any period of active duty 60 days not consecutive. following areas: service completed between September 8, (4) In active - combat against the (1) Germany (exclusive of Berlin) : 1939, and December 7, 1941, provided enemy, provided that the individual was Between May 9, 1945, and March 5, 1955. awarded a combat decoration or. fur that the active duty orders specified Service between May 9, 1945, and No service for a period of 12 months or nished a certificate by the commander of vember 8, 1945, may be counted only if longer. his unit stating that he actually partic the European-African-Middle Eastern (c) Foreign Service Clasp. The re ipated in combat. Campaign Medal was awarded for serv quirements for the Foreign Service (5) Within the continental United ice prior to May 9, 1945. Clasp are the same as for the medal it States for an aggregate period of 1 year. (2) Berlin, Germany: Between May 9, self, except that the service must have (c) Antisubmarine Campaign Service1945, and a terminal date to be an been performed outside the continental Star. A person assigned or attached to nounced later. Service between May 9, United States. and present for duty with a unit which 1945, and November 8, 1945, will be was accorded battle credit for the “Anti counted only if the European-African- § 882.202 Women’s Army Corps Service submarine” campaign is entitled to wear Middle Eastern Campaign Medal was Medal. a bronze service star. awarded for service prior to May 9, 1945. (a) Authorization. Established by Ex § 882.204 Asiatic-Pacific Campaign (3) Austria: Between May 9, 1945, ecutive Order 9365, July 29, 1943. Medal. and July 27, 1955. Service between (b) Requirements for award. Award (a) Authorization. Established by Ex May 9, 1945, and November 8, 1945, may be counted only if the European-African- ed for service performed in both the ecutive Order 9265, November 6, 1942, as Women’s Army Auxiliary Corps between amended by Executive Order 9706, March Middle Eastern Campaign Medal was awarded for service prior to May 9,1945. July 20, 1942, and August 31, 1943, and 15,1946. the Women’s Army Corps between Sep (b) Requirements for award. Award (4) Italy: Between May 9, 1945, and tember 1,1943, and September 2, 1945. ed for service within the Asiatic-Pacific September 15, 1947, in the compartment Theater between December 7, 1941, and of Venezia Giulia E Zara or Province of § 882.203 American Campaign Medal. March 2, 1946, under any of the follow Udine, or with a unit specifically desig (a) Authorization. Established by Ex ing conditions: nated in Department of the Army Gen ecutive Order 9265, November 6, 1942, as (1) Permanent assignment. eral Orders 4, 1947. Service between amended by Executive Order 9706, March (2) Passenger status or on temporary May 9, 1945, and November 8, 1945, may 15,1946. duty for 30 consecutive days or 60 non- be counted only if the European-Afri (b) Requirements for award. Award consecutive days. can-Middle Eastern Campaign Medal ed for service within the American (3) In active combat against the en was awarded for service prior to May 9, tneater between December 7, 1941, and emy, provided that the individual was 1945. March 2, 1946, under any of the follow awarded a combat decoration or fur (5) Japan: Between September 3, ing conditions: nished a certificate by the commander 1945, and April 27,1952, in the four main (1) Permanent assignment outside the of his unit stating that he actually par islands of Hokkaido, Honshu, Shikoku, continental United States. ticipated in combat. and Kyushu; the surrounding smaller (2) Permanent assignment as an air- (c) - Service stars. A service star islands is of the Japanese homeland; the rew member of an airplane making fre awarded to denote participation in a Ryukyu islands; and the Bonin-Volcano quent flights over ocean waters for a battle campaign. Islands. Service between September 3, No. 39------2 , 2584 RULES AND REGULATIONS
1945, and March 2,1946, may be counted (1) Inactive Reserve personnel or (1) If the person was a member as only if the Asiatic-Pacific Campaign dered to active duty for short periods of signed or attached to and present for Medal was awarded for service prior to training under the Inactive Reserve duty with a designated combat or service September 3, 1945. By the same token,. Training program. unit during the period which the unit service which meets the requirements for (2) Reserve component personnel on participated in combat. the Korean Service Medal (§ 882.210), temporary active duty to attend service (2) If the person was under orders in may not be counted in determining schools or serve on boards, courts, com the combat zone and, in addition, was eligibility for this award. missions, etc. awarded a combat decoration, or was (6) Korea: Between September 3, (3) Any person on active duty for the furnished a certificate by a commander 1945, and June 29, 1949. Service be sole purpose of undergoing a physical ex of a division, comparable or higher unit; ' tween September 3, 1945, and March 3, amination. commander of a ship, comparable or 1946, may be counted only if the Asiatic- (4) Any person on active duty for pur higher unit; commander of an Air Force ] Pacific Campaign Medal was awarded poses other than for extended active group, comparable or higher unit, or in- j for service prior to September 3,1945. duty. dependent force, stating that he actu- ; (c) Berlin Airlift Device. Service for ally participated in combat or served at § 882.210 Korean Service Medal. 90 or more consecutive days between a normal post of duty (as contrasted to j June 26, 1948, and September 30, 1949, (a) Authorization. Established by occupying the status of an inspector, ob while assigned or attached to a unit Executive Order 10179, November 8,1950, server, or visitor) or aboard a vessel ] designated in general orders of the De as amended by Executive Order 10429, other than in a passenger status. A partment of the Air Force for partici January 17,1953. certificate must be furnished by the home \ pation in the Berlin Airlift, qualifies a (b) Requirements for award. Award port commander of the vessel for actual person for award of the Army of Occu ed to persons assigned or attached to service in the combat zone of the Korean j pation Medal with Berlin Airlift Device. combat or service units designated by the Theater. Commander, Far East Air Forces,' in (3) If the person was an evadee or es § 882.208 Medal for Humane Action. general orders for service within the Ko capee in the combat zone or recovered from a prisoner-of-war status in the (a) Authorization. Established by rean Theater or adjacent areas between combat zone during the time limitations Public Law 178, 81st Congress. June 27, 1950, and July 27, 1954. The of the campaign. Prisoners of war will (b) Requirements for award. term “Korean Theater” as used herein is not be given credit for the time spent in Awarded to personnel who were assigned defined as those areas which encompass confinement or while otherwise in re or attached to and present for duty for North and South Korea, Korean waters, straint under enemy control. at least 120 days during the period and the air over North and South Ko (e) Award of arrowhead. An arrow June 26, 1948, and September 30, 1949, rea, and over Korean waters. head is awarded to members of desig inclusive, with any of the units cited in (c) Conditions for award. (1) The Korean Service Medal is awarded for nated combat or service units in combat, general orders of the Department of the units assigned to the command of the Air Force for participation in the Berlin participation in any engagement against the enemy in North or South Korean Far East Air Forces, or units on tempo airlift or for direct support thereof. The territory, in Korean waters, or in the air rary duty with the Army Ground forces geographical boundaries of the Berlin over North or South Korea or over Ko who have participated in an airborne or airlift operations are as follows: rean waters. A person will also be con amphibious assault within the territorial (1) Northern Boundary: 54th parallel sidered as having participated in an en limits of Korea. north latitude. gagement if that person: (2) Eastern Boundary: 14th meridian § 882.211 Antarctica Service Medal. (1) Was a member of a designated east longitude. combat or service unit in the Korean (a) Authorization. Established by (3) Southern Boundary: 48th parallel Theater. Public Law 86-600, 86th Congress, July north latitude. (ii) Was a member of a combat or 7, 1960. (4) Western Boundary: 5th meridian service unit, other than one within the (b) Requirements for award. Award west longitude. Korean Theater, which has been desig ed to the following for service during the (c) Award to members of foreign nated by the Commander, Far East Air period January 1, 1946, to a date to be armed forces and civilians. The Medal Forces, as having directly supported the subsequently established by the Secre for Humane Action may be awarded to military operations in the Korean tary of Defense: members of foreign armed forces and Theater. (1) Any member of the U.S. Armed civilians (United States and foreign) (iii) Was a member of a designated Forces or civilian citizen, national, or for meritorious participation in the headquarters of the Far East Air Forces resident alien of the U.S. who, as a mem- j Berlin airlift. In each instance, however, who exerted a distinct and contributory ber of a U.S. expedition, participates in an individual recommendation indicat effort to the military operations in the or has participated in scientific, direct ing meritorious participation is required. Korean Theater. support, or exploratory operations on (d) Award to persons whose lives were (2) The service prescribed must have the Antarctic continent. lost participating in the Berlin airlift. been performed while: (2) Any member of the U.S. Armed Persons whose lives were lost while par (i) On permanent assignment; Forces or civilian citizen, national, or ticipating in the Berlin airlift, or as a (ii) On temporary duty with a desig resident alien of the U.S. who partici direct result of participating therein, nated unit or headquarters for 30 con- pates in or who has participated in a for may be awarded the Medal of Humane sécutive days or 60 nonconsecutiye days; eign Antarctic expedition on that conti Action without regard to the length of or nent in coordination with a U.S. Antarc such service, provided that all other re (iii) In actual combat against the tic expedition and who is or was under quirements are met. enemy. In this case, the individual must the sponsorship and approval of compe N ote: The Berlin Airlift Device is not have been awarded a combat decoration tent U.S. Government authority. awarded or worn with the Medal for Humane or furnished a certificate by the com (3) Any member of the U.S. Armed Action. v mander of a division, comparable or Forces who participates in or who has higher unit; commander of a ship, com participated in flights as a member oi § 882.209 N a t io n a l Defense Service parable or higher unit; or commander of the crew of an aircraft flying to or from Medal. an Air Force group, comparable or higher the Antarctic or within the Antarctic (a) Authorization. Established by unit, stating that he actually partici continent in support of operations on Executive Order 10448, April 22,1953. pated in combat. that continent. (b) Requirements for award. Award (d) Award of service stars. Service (4) Any member of the U.S. Armed ed for any period of honorable active duty stars are awarded to members of desig Forces who serves or has served in a service between June 27, 1950, and July nated combat or service units in combat, U.S. ship operating south of latitude 60 27, 1954. For the purpose of this award, or units assigned to the command of the south in support of U.S. operations m the following persons shall not be con Far East Air Forces, or on temporary Antarctica. sidered as performing active duty serv duty with Army Ground Forces under N ote : Any person, Including a citizen of a ice: any of the following conditions: foreign nation, who does not meet the re Saturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2585 quirements in subparagraphs (1 ), (2 ), (3), (iv) Be engaged in actual combat, or (3) Award criteria— (i) Basic award. or (4) of this paragraph, but who partic duty which is equally as hazardous as An aggregate of 4 years of honorable ipated in or participates in a U.S. Antarctic combat duty, during the operation, with active Federal military service with any expedition on that continent at the invita tion of a participating U.S. agency, may be armed opposition, regardless of time in branch of the United States Armed awarded the medal by the Secretary of the the area. Forces. Department under whose cognizance the ex (v) Participate as a regularly assigned (ii) Subsequent aumrds. A bronze pedition falls, provided the commander of the crew member of an aircraft flying into, oakleaf cluster for each additional 4 military support force as senior tJ.S. repre out of, within, or over the area in sup years of honorable active Federal mili sentative in Antarctica considers that he has port of the military operation. tary service. A silver oakleaf cluster is performed outstanding and exceptional serv (vi) Be recommended, or attached to worn in lieu of five bronze clusters. The ice and shared the hardship and hazards of a unit recommended, by the Chief of a the expedition. oak-leaf clusters mentioned herein are No minimum time limits of participation Service or the commander of a unified or identical to the clusters used to denote are prescribed under the foregoing qualifica specified command for award of the additional awards of the same military tions. No person Is authorized to receive medal, although the criteria in this sub decoration (see Subpart A of this p art). more than one award of the medal. paragraph have not been fulfilled. Such Although oak-leaf clusters are issued in recommendation may be made to the two sizes (large and sm all), only the (c) Wintering over. Personnel who Joint Chiefs of Staff for duty of such small clusters will be worn on the Air stay on the Antarctic continent during value to the operation as to warrant par Force Longevity Service Award Ribbon. the winter months shall be eligible to ticular recognition. wear a bronze clasp with the words N o t e : The Air Force Longevity Service (c) Explanation of terms. (1) “Bona “Wintered Over” on the suspension rib Award Ribbon replaces the Federal Service fide member of a unit” means an as bon of the medal. This eligibility will Stripes optionally worn by enlisted per signed or attached member who is or was also be denoted by a bronze disk of sonnel. present with the unit during the opera %6-inch diameter, with an outline of the tion. § 882.214 Armed Forces Reserve Medal. Antarctic continent inscribed thereon, (2) “A unit engaged in the operation” fastened on the bar ribbon representing (a) Authorization. Established by Ex means a completé unit (not elements or the medal. A gold clasp or disk is au ecutive Order 10163, September 25, 1950, aircraft of a unit) which is or was physi thorized in lieu of the second clasp or as amended by Executive Order 10439, cally present in the area of operations disk, and a silver clasp is authorized for March 19,1953. during the specified period. personnel who winter over three times or (b) Requirements for award. (3) “Area of operations” means the more. Not more than one clasp or disk Awarded to members or former mem foreign territory specifically designated shall be worn on the ribbon. bers of the Reserve components of the by Subparts B through E of this part Armed Forces of the United States who § 882.212 Armed Forces Expeditionary upon which troops have actually landed complete or have completed a total of Medal (AFEM). or are present and specifically deployed 10 years of honorable and satisfactory (a) Authorization. Established by for the direct support of the designated service as defined in Public Law 810, 80th Executive Order 10977, December 4,1961. military operations; the adjacent water Congress, Army and Air Force Vitaliza- (b) Requirements for award. Awarded areas in which ships are operating, pa tion and Retirement Equalization Act of to any member of the Armed Forces of trolling, or providing direct support of 1948. The 10 years of service need not the United States, who after July 1, operations; the air space above and be consecutive, provided that such serv 1958, participates or has participated in adjacent to the area in which operations ice was performed within a period of 12 the following operations to the degree are being conducted. consecutive years. For the purpose of and during the periods indicated: (4) “Direct support” means service this award, service as a member of a (1) United States military operations being supplied the combat forces in the Reserve component will include those and inclusive dates. area of operations by ground units, ships, Reserve components which are enumer and aircraft providing supplies and ated in title IH, section 306(c) Public Berlin. _------Aug. 14, 1961, to equipment to the forces concerned, pro June 1, 1963. Law 810, 80th Congress, as follows: Lebanon...... ______July 1, 1958, to vided it involves actually entering the (1) The National Guard of the United Nov. 1, 1958. designated area; and ships and aircraft States. Quemoy and Matsu providing fire, patrol, guard, reconnais (2) The National Guard while in the Islands------Aug. 23, 1958, to sance, or other military support. service of the United States. _ June 1, 1963. (d) Subsequent awards. Not more (3) The federally recognized National ialwan Straits------Aug. 23, 1958, to than one medal shall be awarded to any _ Jan. 1, 1959. Guard prior to 1933. person, but for each succeeding opera (4) A federally recognized status in C'Uba...... ___ Oct. 24, 1962, to tion justifying such an award, a bronze June 1, 1963. the National Guard. service star will be awarded. (5) The Officers’ Reserve Corps and (2) U.S. operations in direct support (e) Limitations. The medal shall be the Enlisted Reserve Corps prior to en of the United Nations and inclusive awarded only for operations for which no dates. actment of Public Law 460, 80th Congress other United States campaign medal is approved March 25, 1948. Congo------j uiy 14j 1960 to Sept j 1962 approved. The service qualifying the (6) The Organized Reserve Corps. person for the award shall have been (7) The Army of the United States (3) U.S. operations of assistance for honorable. Jriendly foreign nations and inclusive without component. (Normally, all en dates. § 882.213 Air Force Longevity Service listed service prior to July 1940 was with Award Ribbon. the Regular component and not credit Laos...... Apr. 19, 1961, to Oct. able. Conversely, service subsequent to 7 1962 Vietnam...... July 1 1958> to a date (a) Authorization. Established by July 1940 was Army of the United States Department of the Air Force General and is creditable for this award.) to be announced. Orders No. 60, November 25, 1957. (8) The Naval Reserve and the Naval ^ l * \ Degree of participation. Inc (b) Requirements for award— (1) Reserve Force, excluding those members vidual must be a bona fide member of Basis of eligibility. Eligibility is based of the Fleet Reserve and the Fleet Naval engaged in the operation, or me upon honorable active Federal military Reserve transferred thereto after com ? m?,re °f the following criteri service with any branch of the United pletion of 16 or more years of active * Sh*U serve not less than 30 co: States Armed Forces. naval service. ^ays ^n the area of operatioi (2) Who is eligible, (i) All members (9) The Marine Corps Reserve, and 1 ®n£aSed in direct support of the Air Force on active duty. the Marine Corps Reserve Forces, ex fin6 ° peratlon for 30 consecutive days (ii) All members of the Reserve com cluding those members of the Fleet si i nn ^ C°nsecutive days Provided tl ponents not on active duty with the Air Marine Corps Reserve transferred there Force who meet the criteria in subpara o S o o n r TeS ent6ring the area to after completion of 16 or more years graph (3) of this paragraph. of service. onlriti ®ef ve *or the full period when i (iii) All retired personnel who are car (10) The Limited Service Marine operation is of less than 30 days duratic ried on the Air Force retired lists. Corps Reserve. 2586 RULES AND REGULATIONS
(11) The Naval Militia who have con service in a Regular component of the (i) Attendance at 90% of all sched formed to the standards prescribed by Armed Forces will not be considered a uled training periods each year for 4 the Secretary of the Navy. break in the necessary service period of consecutive years. (Appropriate duty (12) The National Naval Volunteers. 12 consecutive years (see paragraph (b) may be credited in lieu of attendance at (13) The Air National Guard. of this section). scheduled training.) (14) The Air Force Reserve (officer or (3) Attendance at aviation cadet (ii) Completion each year for 4 con enlisted sections). training schools considered regular serv secutive years of active duty requirement (15) The Air Force of the United ice,: For the purpose of Subparts B for the training category to which as States without component. through E of this part, periods of attend signed. (Major air commanders may (16) The Coast Guard Reserve. ance at aviation cadet training schools waive the yearly tour of active duty for (c) Creditable service. Each year of (for those persons appointed “Aviation training when budgetary limitations pre active or inactive honorable service as Cadets”) are considered Regular service. vent the performance of such tour.) a member of any of the Reserve com (e) Determining eligibility. Eligibility (5) General. When an airman of the ponents listed in paragraph (b) of this may be determined from data contained Air Reserve Forces is called to active section may be credited toward award of in items 5 and 19 of AF Form 11, “Officer duty, such active duty will be credited the Armed Forces Reserve Medal until Military Record”; AF Form 190, “USAF toward the 4-year requirement under the July 1, 1949. For service performed on Reserve Personnel Record Card”; or a following conditions: or after July 1, 1949, members must statement from the person concerned (i) The individual must, continue to accumulate during each anniversary year certifying that his service in a Reserve serve as a member of a Reserve compo a minimum of 50 retirement points as component meets the requirements o f nent until such time as the requirements prescribed in section 302(b), Army and satisfactory Federal service as defined for the award have been completed. Air Force Vitalization and Retirement in section 306(b), Army and Air Force (ii) Active duty time credited toward Equalization Act, 1948 (62 Stat. 1087; Vitalization and Retirement Equaliza the Air Force Good. Conduct Medal may 10 UJS.C. 1332) , except that those per tion Act, 1948 (62 Stat. 1089; 10 U.S.C. not be credited toward this award. sons in the Army of the United States or 1332). (iii) Periods of service as a commis Air Force of the United States must com (f ) Hour-glass device. One hour-glass sioned officer or warrant officer will be pute time as follows: device, with a Roman numeral “X” excluded from the computation of service (1) Active or inactive service prior to superimposed, may be worn on the sus for this award. July % 1948, is creditable for those Army pension and service ribbon of the Armed N ote: A period in excess of 24 hours be of the United States or Air Force of the Forces Reserve Medal to denote service tween Reserve enlistments will be considered United States officers appointed under for each additional 10-year period of a break in service. Credit toward earning the Act of September 22, 1941 (55 Stat. service under the same conditions as the award must begin anew after the break 728). After July 1,1948, only active duty prescribed for award of the basic medal. in service. Service performed in the Reserve ■under such Army of the United States or components of the United States Army, Navy, § 882.215 Air Reserve Forces Meritori Marine Corps, or Coast Guard may not be Air Force of the United States appoint ous Service Ribbon (A R F M SR ). ments will be creditable. credited for award of the Air Reserve Forces (a) Authorization. Established by the Meritorious Service Ribbon under this reg (2) Active or inactive service prior to ulation. July 1, 1949, will be creditable for those Department of the Air Force on April 7, Army of the United States or Air Force 1964. (c) Effective date. The basic ribbon of the United States officers appointed (b) Requirements for award.— (1) may be awarded at any time after one under section 127a, National Defense Act, Quality of service. The Air Reserve year from the effective date of the estab or section 515(e), Officer Personnel Act Forces Meritorious Service Ribbon is lishment of this award (April 7, 1964), of 1947 (61 Stat. 906; 10 U.S.C. 8444). awarded for exemplary behavior, effi based on the preceding 4 years of service (3) For the purpose of computing ciency, and fidelity while serving in an which meets the established criteria. eligibility for the Armed Forces Reserve enlisted status in the Air Reserve Forces. (d) Subsequent awards. A bronze Medal, all Army of the United States or During the period considered for the oak-leaf cluster for each additional 4 Air Force of the United States appoint award, there must be no convictions by years of qualifying service. A silver oak- ments will be considered as having been courts martial and no record of punish leaf cluster is worn in lieu x>f five bronze made under the Act of September 22, ment under Article 15. Where such con oak-leaf clusters. 1941, unless otherwise indicated in the viction or record of punishment exists, (e) Precedence. The ribbon will take official records. creditable service toward the Air Re precedence next after the Armed Forces (d) Service not creditable— (1) Gen serve Forces Meritorious Service Ribbon Reserve Medal. eral. Service in the following may not will begin the day following the comple §882.216 USAF NCO Academy grad be credited: tion of any punishment imposed by a uate ribbon (AFNCOAR). court martial, including punishment (1) Inactive National Guard. (a) Authorization. Established by the under Article 15. (ii) Inactive Air National Guard. Department of the Air Force on August (iii) Nonfederally recognized status in (2) Basis for award. The Air Reserve Forces Meritorious Service Ribbon may 28,1962. the National Guard or Air National (b) Requirement for award. Awarded be awarded only upon the specific rec Guard, to graduates of accredited Air Force ommendation of the individual’s unit (iv) Inactive Reserve Section or Hon 'Noncommissioned Officer Academies as commander. In making recommenda orary Reserve Guard of the Officers’ defined in AFR 50-39 (Noncommissioned Reserve Corps. . tion for an award, the unit commander must carefully consider: Officer Training) and the annual Hq (v) Inactive Section or Honorary Sec USAF NCO Academy accrediting letter. (i) The three prerequisite require tion of the Air Force Reserve. Graduates of USAF NCO Academy (vi) Honorary Retired List of the ments for the award— exemplary behav ior^ efficiency, and fidelity. classes conducted prior to original pub Naval and Marine Corps Reserve. lication of AFR 50-39 are authorized to (ii) All other information available (vii) Inactive Status List of the wear the ribbon only if the major air Standby Reserve. within the unit reflecting the quality of command which supervised the training service of the airman concerned. (viii) Retired Reserve. determines that course standards were Xix) Women’s Army Auxiliary Corps. (3) Length of service. Provided the sufficiently high to merit award of the (2) Regular service. Service as a above “quality” requirements are met, ribbon. Graduation from NCO leader the basic ribbon may be awarded for a Regular officer, warrant officer, or Regu ship courses and similar training con lar enlisted person in the Armed Forces, period of 4 continuous years of service ducted by other military services does computed from the date of assignment including the Coast Guard, and service not qualify an individual for this award. for which the Naval Reserve Medal, to a training category which has a re Organized Marine Corps Reserve Medal, quirement of a minimum of 24 inactive § 8 8 2 .2 1 7 Small Arms Expert Marks- or the Marine Corps Reserve Ribbon has duty training periods and a 15-day tour manship Ribbon (SAEMR). been or may be awarded, will not be of active duty for training each year. (a) Authorization. Established by the credited toward the award of the Armed (Service performed while assigned to Department of the Air Force on August Forces Reserve Medal, except that serv MOARS PART III positions is excluded.) 28,1962. ice in a Reserve component which is (4) Training requirements. These in (b ) Requirement for award. Awarded concurrent, in whole or in part, with clude : to Air Force personnel, including Reserve S aturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2587 component members whether or not on N ote: Personnel who were awarded the (b) Requirements for award. Mili active duty, who, after January 1, 1963, Philippine Independence Ribbon in accord tary personnel who have been or are ance with the criteria formerly announced specifically identified by the United N a qualify as “expert” in small arms marks in AFR 35-50 (now obsolete) may continue to manship on the weapons specified and in wear the award notwithstanding the change tions as having performed qualifying accordance with APR 50-8 (Small Arms in requirement stated in paragraph (b) of service with one of the following orga Marksmanship Training). By issuance this section. nizations are eligible for an award of the of appropriate special orders, the ribbon medal: is awarded only once, regardless of the Subpart D— Non-United States Service (1) United Nations Observation Group number of times an individual may qual Medals in Lebanon. ify, and it may be permanently retained (2) United Nations Truce Supervision and worn by the qualifying individual. § 882.300 United Nations Service Medal. Organization in Palestine. (a) Authorization. Established by the (3) United Nations Military Observer § 882.218 Philippine Defense Ribbon. Group in India and Pakistan. (a) Authorization. Established by United Nations General Assembly Reso lution 483 (V ) , December 12, 1950. The (4) United Nations Security Forces, General Orders 8, Army Headquarters, Hollandra. President accepted for the United States Commonwealth of the Philippines, 1944. (c) Policy and procedures. (1) Mili Armed Forces. (b) Requirements for award. Award tary personnel presently serving with (b) Requirements for award— (1) ed for combat service in the defense of any of the specified groups and those Qualifications. Personnel must be: the Philippines from December 8, 1941, subsequently assigned will be awarded (1) Members of the Armed Forces of to June 15, 1942, if the individual: the United Nations Medal in the field the United States dispatched to Korea (1) Was a member of the Bataan or by the Senior Representative of the Sec or adjacent areas of military operations Manila Bay forces, or of a unit, ship, or retary General. specifically for service on behalf of the airplane under enemy attack; or (2) A minimum period of 6 months United Nations in the Korean Theater; (2) Was assigned or stationed in Phil has been established by the Secretary or ippine territory or in Philippine waters General of the United Nations as the pe (ii) Other personnel dispatched to for at least 30 days during the period riod of service required for eligibility to cited above. Korea or adjacent areas as members of receive the award. para-military and quasi-military units (c) Bronze service star. A person who (3) Individuals with previous United meets both conditions set forth in para designated by the United States Govern Nations service with the specified groups graph (b) of this section is authorized ment for service in support of the United who believe themselves eligible for the to wear a bronze service star on the Nations action in Korea and certified United Nations Medal may submit ap ribbon. by the United Nations Commander-in- plications to USAF Mil Pers Cen Chief as having directly supported the § 882.219 Philippine Liberation Ribbon. (AFPM PPE). Randolph AFB, Tex., military operations in that area. 78148. Each application should include (a) Authorization. Established by complete details related to United N a General Orders 8, Army Headquarters, N ote: Personnel awarded the Korean Serv ice Medal automatically establish eligibility tions duty including geographical loca Commonwealth of the Philippines, 1944. for the United Nations Service Medal. tion and inclusive dates of service. Such (b) Requirements for award. Award applications will be referred to the United ed for participation in the liberation of (2) Service. The service must have Nations for consideration and determi the Philippines from October 17, 1944, to been performed between June 27, 1950, nation of eligibility. September 3, 1945, if the individual: and July 27, 1954, inclusive, under any (1) Participated in the initial landing of the following conditions: Subpart E— Lapel Buttons operations on Leyte or adjoining islands (1) While on permanent assignment from October 17, 1944, to October 20, to any designated combat or service § 882.400 Lapel buttons. 1944. A person will be considered as unit; The authorized lapel buttons are listed having participated in such operations (ii) While attached to any designated below. They may be worn only with if he landed on Leyte or adjoining is combat or service unit for a period of civilian clothes. lands, was on a ship in Philippine waters, 30 days, consecutive or nonconsecutive; (a) Good Conduct Medal, American or was a crew member of an airplane or Defense Service Medal, and Womep’s which flew over Philippine territory dur (iii) While in active combat against ing the period. Army Corps Service Medal lapel buttons. the enemy under conditions other than These lapel buttons are 2%2 inch wide (2) Participated in any engagement those prescribed in subdivisions (i) and and Vs inch long and are in colored en against the enemy during the campaign (ii) of this subparagraph, provided that amel, being a reproduction of the service on Leyte and adjoining islands. A per the individual was awarded a combat ribbon. son will be considered as having par decoration or furnished a certificate by (b) World War II Honorable Service ticipated in such operations if he was the commander of a division, compara lapel button. This,button is of gold- a member of and present with a unit ble or higher unit; commander of a actually under enemy fire or air attack, colored metal, bearing an eagle on a ring ship, comparable or higher unit; or com around 13 stripes. It is awarded for hon served on a ship which was under enemy mander of an Air Force group, com nre or air attack, or was a crew member orable Federal military service between parable or higher unit, stating that he September 8, 1939, and December 31, m an airplane which was under enemy actually participated in combat. aerial or ground fire. 1946. (c) Persons ineligible for award. Per Served in the Philippine Islands (c) Air Force Lapel Button. The Air sonnel of the United Nations, its special Force Lapel Button consists of the ?? S *n Philippine waters for not less ized agencies, or of any government serv tnan 30 days during the period cited winged Air . Force star in gold- and sil above. ice other than as prescribed in para ver-colored metal. All members of the graph (b) of this section, and Interna Air Force on active duty; members of the (c) Bronze Service Star. Persons whc tional Red Cross personnel engaged for ®pre than one of the conditions Reserve components, including members service under the United Nations Com- of the Air Force Reserve Officers’ Train set forth m paragraph (b) of this section mander-in-Chief with any United Na „, e authorized to wear a bronze service ing Corps; and personnel carried on Air tions relief team in Korea, will not be Force retired lists are entitled to wear the ribbon for each additional eligible for the award of the United Na condition under which they qualify. the lapel button. tions Service Medal. § 882.220 Philippine Independence Rib By order of the Secretary of the Air bon* § 882.301 United Nations Medal (U N M ). Force. (a) Authorization. Established (a) Authorization. Established by F red er ick A. R y k e r , Generai Orders 383, Army Headqua: the Secretary General of the United Lt. Colonel, U.S. Air Force, commonweaith of the Philippines, Nations by Dispatch 109, July 30, 1959, Chief, Special Activities Requirements for award. Av and Regulations for the United Nations Group, Office of the Judge to personnel who are recipients of Medal, July 1959. The President ac Advocate General. the Philippine Defense and |------cepted for the United States Armed [F.R. Doc. 65-2043; Filed, Feb. 26, 1965; Liberation ribbons. Forces. 8:45 a.m.] 2588 RULES AND REGULATIONS
under the Poultry Products Inspection Title 5— ADMINISTRATIVE Title 28— JUDICIAL Act, as amended (21 U.S.C. 451 et seq.), as set forth in the amendments of the PERSONNEL ADMINISTRATION regulations published on July 7, 1964 (29 F R . 8456), insofar as such provisions Chapter I— Civil Service Commission Chapter I— Department of Justice relate to soups (whether dehydrated, PART 531— PAY UNDER THE CLASSI [Order No. 332-65] canned or otherwise prepared) contain FICATION ACT SYSTEM PART 0— ORGANIZATION OF THE ing poultry ingredients, is hereby post poned until April 1, 1965, pursuant to DEPARTMENT OF JUSTICE PART 539— CONVERSIONS BETWEEN the authority of said Act. During such PAY SYSTEMS Subpart B— Office of the Attorney period of postponement, the provisions of General § 81.208 (a) and (b) of the regulations, as Rate of Basic Compensation published August 15, 1962 (27 F R . 8098, A s s ig n in g F u n c t io n s to E x e c u t iv e As Paragraph (a) of § 531.512 and para 7 CFR 81.208 (Supp. 1963)), shall be in s is t a n t to t h e A t t o r n e y G en er al effect with respect to such soups. graph (d) of § 539.203 are amended to W it h R e spec t to P r e s id e n t ’s C o m This action is necessary in order to correct the references therein from m it t e e o n E q u a l E m p l o y m e n t O p p o r afford equitable treatment to all poultry § 531.203(b) to § 531.203(c). As amend t u n it y and P r e s id e n t ’s C o u n c il o n soup processors in view of the issuance of ed, §§ 531.512(a) and 539.203(d) read as E q u a l O p p o r t u n it y follows: a preliminary injunction on behalf of one Under and by virtue of the authority processor of dehydrated soups in an ac § 531.512 Rate determination. vested in me by section 161 of the Re tion which is pending in the U.S. District (a) At the time of an employee’s devised Statutes (5 U.S.C. 22) and section 2 Court for the District of New Jersey. In motion, the department shall select a of Reorganization Plan No. 2 of 1950 (64 order to accomplish its purpose, this ac rate in the grade to which he is demoted Stat. 1261), and in conformity with sec tion must be made effective on March 1, which would have , been the employee’s tion 102(c) of Executive Order No. 10925 1965, when a prior order (30 FR. 981) rate of basic compensation if he were and section 2(2) and section 8 of Execu of postponement of effective date expires. not entitled to a retained rate. When tive Order No. 11197, it is hereby ordered Therefore, under section 4 of the Ad the department does not select a higher as follows— ministrative Procedure Act (5 U.S.C. rate under § 531.203(c) , it shalL deter 1. Section 0.6 of Part 0 of Title 28 of 1003), it is found for good cause that mine the rate, subject to the provisions the Code of Federal Regulations (relating notice of rule-making and other public of paragraph (b) of this section, as to the duties of the Executive Assistant procedure with respect to this action are follows: to the Attorney General) (Order No. impracticable and good cause is found (1) When the employee’s retained rate 271-62) is hereby amended by inserting for making it effective less than 30 days is equal to a rate in the grade to which a new paragraph (b-1) immediately after after publication hereof in the F ederal he is demoted, that rate shall be selected. paragraph (b) thereof as follows: R egister. (2) When the employee’s retained rate § 0.6 Executive Assistant. (Sec. 14, 71 Stat. 447, 21 U.S.C. 463; 29 F.R. falls between two rates of the grade to * * * * * ' 16210; 30 FJt. 1260; 30 F.R. 2160) which he is demoted, the lower of the (b-1) Serve as— This action shall become effective on two rates shall be selected. (1) The alternate of the Attorney March 1,1965. (3) When the employee’s retained rate General on the President’s Committee is above the maximum rate of the grade on Equal Employment Opportunity pur Done at Washington, D.C., this 24th to which he is demoted, the maximum suant to section 102(c) of Executive day of February 1965. rate shall be selected. Order No. 10925; G . R . G range, * * * * * (2) The alternate of the Attorney Deputy Administrator, (Sec. 1101, 63 Stat. 971; 5 U.S.C. 1072; sec. General on the Council on Equal Oppor Marketing Services. 507 as added by 70 Stat. 291, as amended; tunity pursuant to section 2(2) of Ex [F.R. Doc. 65-2079; Filed, Feb. 26, 1965; 5 U.S.C. 1107) ecutive Order No. 11197; and 8:47 a.m.] § 539.203 Rate o f basic compensation in (3) The designee of the Attorney Gen conversion actions. eral to oversee and coordinate equal op portunity activities within the Depart Chapter VII— Agricultural Stabiliza ***** ment and to serve as liaison with the tion and Conservation Service (Ag (d) When the employee is receiving aCouncil pursuant to section 8 of Execu Department rate of basic compensation above the tive Order No. 11197. ricultural Adjustment), maximum rate of the grade in which his 2. Paragraph 1 of Order No. 299-63 of Agriculture position is placed, he is entitled to re of July 19, 1963, is hereby superseded. SUBCHAPTER B— FARM ACREAGE ALLOTMENTS tain his former rate as long as he re 3. The amendment made by this Order AND MARKETING QUOTAS mains continuously in the same position shall be effective upon the publication [A m d t.3 ] or in a position of higher grade in the of this Order in the F ederal R e g ister . same department, or until he receives a PART 717— HOLDING OF REFERENDA higher rate of basic compensation by N ic h o l a s deB . K a tze n b a c h , Attorney General. ON MARKETING QUOTAS operation of the act and Part 531 of this chapter. The employee may retain his F e b r u a r y 23,1965. Subpart— Regulations Governing the former rate on subsequent reassignment [F.R. Doc. 65-2042; Filed, Feb. 26, 1965; Holding of Referenda on Marketing as defined in § 531.202 (m) of this chap 8:45 a.m.] Quotas ter. If the employee is subsequently de moted to a position under the act, the S p e c ia l P r o v isio n s for B u r l e y T obacco department shall determine his rate of Title 7— AGRICULTURE R e f e r e n d u m basic compensation in accordance with 1. Basis and purpose. This amend Chapter I— Consumer and Marketing § 531.203(c) or Subpart E of Part 531 ment is issued pursuant to and in ac of this chapter, as appropriate. Service (Standards, Inspection, Mar cordance with the Agricultural Adjust keting Practices), Department of (Sec. .1101, 63 Stat. 971, sec. 802(d) as added ment Act of 1938, as amended, to by sec. 604(b), 76 Stat. 848; 5 U.S.C. 1072, Agriculture authorize the extension for 1 day, to 1132(d)) certain designated States, of the burley PART 81— INSPECTION OF POULTRY tobacco marketing quota referendum for U n it e d S tates C iv il S er v AND POULTRY PRODUCTS the 1965-66, 1966-67, and 1967-68 mar ic e C o m m is s io n , keting years, the date for which was [ s e a l ] M a r y V . W e n z e l , Poultry Soups; Further Postponement originally established as February 25, Executive Assistant to of Effective Date of Certain Amend 1965 (30 F.R. 1013). Because of heavy the Commissioners. ments snow and other extreme weather condi [F.R. Doc. 65-2074; Filed, Feb. 26, 1965; The effective date of the provisions o f. tions prevailing in the States of Indiana, 8:47 a.m.] §§81.134 and 81.208 of the regulations Kentucky, Ohio, and Tennessee on Feb- Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2589 ruary 25, 1965, it has been virtually im suant to the Agricultural Adjustment Seventh Floor, Federal Office Building, 901 possible to open the polls throughout Act of 1938, as amended (7 U.S.C. 1281 Sumter Street, Post Office Box 660, Columbia, these States at the appointed time and et seq.), to make changes in the release S.C., 29202. Room 579, U.S. Courthouse, Nashville, for many eligible voters to appear for and reapportionment provisions of the Tenn., 37203. voting on such date. This amendment Allotment and Marketing Quota Regula UB.D.A. Building, College Station, Tex., extends for 1 day the holding of the ref tions for Peanuts of the 1963 and Sub 77841. erendum in these States in order that sequent Crops (27 F.R. 11920, 28 F.R. New Federal Building, 400 North Eighth eligible voters therein may have ade 11811, 29 F.R. 7801, 7983, 13027, 16185). Street, Richmond, Va., 23240. quate opportunity to vote. The amendments contain (1) the current § 729.1435 [Amended] In view of the emergency conditions addresses of the ASCS State offices for and the necessity for the immediate is the peanut-producing States, and (2) 2.a. Section 729.1435(a) is amended to suance of this amendment, it is hereby changes in closing dates for all counties establish March 3 for all counties in Ala found and determined that compliance in the States of Alabama, Oklahoma, and bama, May 1 for all counties in Okla with the notice, procedure, and effective South Carolina for voluntarily releasing homa and April 15 for all counties in date provisions of section 4 of the Ad peanut acreage which will not be used South Carolina as the closing dates for ministrative Procedure Act are imprac on the farm to which allotted, and (3) voluntarily surrendering in writing to ticable and contrary to the public in changes in the dates by which a written the county committee peanut acreage terest, and this amendment shall become request must be filed for reapportion which will not be used on the farm to effective upon filing with the Director, ment of peanut acreage released in all which allotted. Office of the Federal Register. counties in the States of Alabama, Okla 2.b. Section 729.1435(b) is amended to 2. A new § 717.15 is added to read ashoma, and South Carolina. establish March 3 for all counties in Ala follows: b. Public notices of intention to issue bama, May 1 for all counties in Oklahoma these amendments were given with re and April 15 for all counties in South § 717.15 Emergency provisions appli spect to the State of Alabama (30 F.R. Carolina as the dates by which a written cable to burley tobacco referendum 757) and with respect to the States of request must be filed by the farm owner for 1965-66, 1966-67, and 1967-68 marketing years. Oklahoma and South Carolina (30 F.R. or operator at the office of the county 224), in accordance with the provisions committee for a farm to be eligible to Notwithstanding any other provision of the Administrative Procedure Act (5 receive a reapportionment of released of the regulations in this part and in the U.S.C. 1003). No data or views and rec peanut acreage. notice of referendum on burley tobacco ommendations were received in response for the 1965-66, 1966-67, and 1967-68 (Secs. 358, 375, 55 Stat. 88, as amended, 52 to these notices. Stat. 66, as amended; 7 U.S.C. 1358, 1375) marketing years published in the Jan c. Since peanut producers need to uary 30, 1965, daily issue of the F ederal know as soon as possible whether addi Effective date: Upon filing with the R egister (30 F.R. 1013), because of the tional peanut acreage will be available Director, Office of the Federal Register. extreme weather conditions which have under the release and reapportionment Signed at Washington, D.C., on Feb made it virtually impossible to open the provisions of the regulations in order to ruary 24, 1965. polls throughout the States of Indiana, complete their plans for the 1965 peanut H. D. G o d f r e y , Kentucky, Ohio, and Tennessee at ,the production, it is hereby determined that Administrator, Agricultural Sta appointed time on February 25, 1965, the compliance with the 30-day effective date bilization and Conservation Service. date set for the referendum in said no- provisions of the Administrative Proce tice, and for many eligible voters to ap [F.R. Doc. 65-2075; Filed, Feb. 25, 1965; dure Act is impracticable and contrary 12:40 p m .] ' pear for voting on such date, the polls to the public interest. Therefore, this for the referendum shall also be open on docket shall become effective upon the February 26, 1965, in the States of In date of filing with the Director, Office of Chapter IX— Consumer and Market diana, Kentucky, Ohio, and Tennessee, the Federal Register. and persons eligible to vote may cast 1. Section 729.1415 is amended to read ing Service (Marketing Agreements their votes either on February 25 or Feb as follows: and Orders; Fruits, Vegetables, Tree ruary 26, 1965, in accordance with the Nuts), Department of Agriculture regulations in this part. For the pur § 729.1415 ASCS offices. pose of applying time limits to the can [ Grapefruit Reg. 51 ] “ASCS county office” and “ASCS State vassing of ballots, reporting the results office” means the offices of the Agricul PART 905— ORANGES, GRAPEFRUIT, of the voting, handling of disputes and tural Stabilization and Conservation TANGERINES, AND TANGELOS challenges, the date of February 26,1965, county committee and State committee, shall be used in the above-designated GROWN IN FLORIDA States. respectively. The addresses of the ASCS State offices for peanut-producing States Limitation of Shipments (Secs. 312, 375, 52 Stat. 46, as amended, 65; are: 7 U.S.C. 1312,1375) § 905.458 Grapefruit Regulation 51. Room 714, 474 South Court Street, Mont (a) Findings. (1) Pursuant to the Effective date: Date of filing with the gomery, Ala., 36104. marketing agreement, as amended, and Director, Office of the Federal Register. Room 6008, Federal Building, 230 North Order No. 905r as amended (7 CFR Part First Avenue, Phoenix, Ariz., 85025. Signed at Washington, D.C., on Feb 905), regulating the handling of oranges, ruary 25,1965. Room 5416, New Federal Building, 700 West Capitol Avenue, Post Office Box 2781, Little grapefruit, tangerines, and -tangelos H. D. G o d f r e y , Rock, Ark., 72201. grown in Florida, effective under the ap Administrator, Agricultural Sta 2020 Milvia Street, Berkeley, Calif., 94704. plicable provisions of the Agricultural bilization and Conservation U.S. Post Office and Courthouse, 400 South Marketing Agreement Act of 1937, as Service. east First Avenue, Post Office Drawer 670, amended (7 U.S.C. 601-674), and upon Gainesville, Fla., 32601. the basis of the recommendations of the [F.R. Doc. 65-2127; Piled, Feb. 25, 1965; Old Post Office Building, Post Office Box 2:36 p.m.] 1552, Athens, Ga„ 30601. committees established under the afore 3737 Government Street, Alexandria, La., said amended marketing agreement and 71303. order, and upon other available informa [Amdt. 5] 420 Milner Building, 200 South Lamar tion, it is hereby found and determined, PART 729— PEANUTS Street, Post Office Box 1251, Jackson, Miss., in accordance with paragraph (5) of sec 39205. tion 602 of the act, that the continuation Subpart Allotment and Marketi I.O.O.F. Building, 10th and Walnut Streets, of regulation of shipments of grapefruit, Quota Regulations for Peanuts Columbia, Mo., 65201. as hereinafter provided, is necessary and Room 4406, Federal Building, 517 Gold Ave ne 1963 and Subsequent Crops nue SW., Post Office Box 1706, Albuquerque, will tend to avoid a disruption of the orderly marketing of the remainder of M iscellaneous A m e n d m e n t s N. Mex., 87103. 1330 St. Mary’s Street, Raleigh, N.C., 27605. the current crop of such grapefruit; and puJpose- a. The amei Agriculture Center Office Building, Still such continuation of regulation will be contained herein are issued pi water, Okla., 74074. in the public interest. 2590 RULES AND REGULATIONS
(2) It is hereby further found that it (iii) Any seedless grapefruit, grown intive time, are identical with the afore is impracticable and contrary to the pub the production area, which are smaller said recommendation of the committee, lic interest to give preliminary notice, than 3%6 inches in diameter, except that and information concerning such pro engage in public rule-making procedure, a tolerance of 10 percent, by count, of visions and effective time has been dis and postpone the effective date of this seedless grapefruit smaller than such seminated among handlers of such navel section until 30 days after publication minimum size shall be permitted, which oranges; it is necessary, in order to ef thereof in the F ederal R egister (5 U.S.C. tolerance shall be applied in accordance fectuate the declared policy of the act, 1001-1011) because the time intervening with the provisions for the application to make this section effective during the between the date when information upon of tolerances, specified in said United period herein specified; and compliance which this section is based became avail States Standards for Florida Grapefruit. with this section will not require any able and the time when this section must special preparation on the part of per (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. become effective in order to effectuate 601-674) sons subject hereto which cannot be the declared policy of the act is in completed on or before the effective date sufficient; a reasonable timéis permitted Dated: February 24,1965. hereof. Such committee meeting was under the circumstances, for prepara P a u l A . N ic h o l s o n , held on February 25,1965. tion for such effective time; and good Deputy Director, Fruit and Veg (b) Order. (1) The respective quan cause exists for making the provisions etable Division, Consumer and tities of navel oranges grown in Arizona hereof effective as hereinafter set forth. Marketing Service. and designated part of California which Shipments of all grapefruit, grown in may be handled during the period be the production area, are presently sub [P.R. Doc. 65-2080; Piled, Peb. 26, 1965; ginning at 12:01 a.m., P.s.t., February 28, ject to regulation by grades and sizes, 8:48 a.m.] 1965, and ending at 12:01 a.m, P.s.t., pursuant to the amended marketing March 7, 1965-, are hereby fixed as agreement and order; the recommenda [Navel Orange Reg. 75] follows: tion and supporting information for (1) District 1: 850,000 cartons ; regulation during the period specified PART 907— NAVEL ORANGES (ii) District 2 : 550,000 cartons; herein were promptly submitted to the GROWN IN ARIZONA AND DESIG (iii) District 3: Unlimited movement; Department after an open meeting of the NATED PART OF CALIFORNIA (iv) District 4: Unlimited movement. Growers Administrative Committee on (2) As used in this section, “han February 23, 1965, such meeting was Limitation of Handling dled,” “District 1,” “District 2,” “District held to consider recommendations for § 907.375 Navel Orange Regulation 75. 3,” “District 4,” and “carton” have the regulation, after giving due notice of such same meaning as when used in said meeting, and interested persons were (a) Findings. (1) Pursuant to theamended marketing agreement and afforded an opportunity to submit their marketing agreement, as amended, and order, views at this meeting; the provisions of Order No. 907, as amended (7 CFR Part 907), regulating the handling of navel (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. this section, including the effective time 601-674) hereof, are identical with the aforesaid oranges grown in Arizona and desig nated part of California, effective under Dated: February 26,1965. recommendation of the committee, and the applicable provisions of the Agri information concerning such provisions P a u l A . N ic h o l s o n , cultural Marketing Agreement Act of and effective time has been disseminated Deputy Director, Fruit and Vege 1937, as amended (7 U.S.C. 601-674), among handlers of such grapefruit; it table Division, Consumer and and upon the basis of the recommenda is necessary, in order to effectuate the Marketing Service. tions and information submitted by the declared policy of the act, to make this Navel Orange Administrative Commit [F.R. Doc. 65-2181; Filed, Feb. 26, 1965; section effective during the period here tee, established under the said amended 11:37 a.m.] inafter set forth so as to provide for the marketing agreement and order, and continued regulation of the handling of upon other available information, it is grapefruit, and compliance with this sec [Valencia Orange Reg. 107] hereby found that the limitation of han tion will not require any special prepara dling of such navel oranges, as herein PART 908-—VALENCIA ORANGES tion on the part of the persons subject after provided, will tend to effectuate the thereto which cannot be completed by > GROWN IN ARIZONA AND DESIG declared policy of the act. the effective time hereof. NATED PART OF CALIFORNIA (2) It is hereby further found that it (b ) Order. (1) Terms used in the is impracticable and contrary to the pub Limitation of Handling amended marketing agreement and order lic interest to give preliminary notice, shall, when used herein, hâve the same engage in public rule-making procedure, § 908.407 Valencia Orange Regulation meaning as is given to the respective and postpone the effective date of this 107. term in said amended marketing agree section until 30 days after publication (a) Findings. (1) Pursuant to the ment and order; and terms relating to hereof in the F ederal R egister (5 U.S.C. marketing agreement, as amended, and grade, diameter, standard pack, and 1001-1011) because the time intervening Order No. 908, as amended (7 CFR Part standard box, as used herein, shall have between the date when information up 908), regulating the handling of Valen the same meaning as is given to the on which this section is based became cia oranges grown in Arizona and des respective term in the United States available and the time when this section ignated part of California, effective Standards for Florida Grapefruit must become effective in order to effec under the applicable provisions of the <§§ 51.750-51.783 of this title). tuate the" declared policy of the act is Agricultural Marketing Agreement Act (2) During the period beginning at insufficient, and a reasonable time is of 1937, as amended (7 UJS.C. 601-674), 12:01 a.m., e.s.t., March 1, 1965, and permitted, under the circumstances, for and upon,the basis of the recommenda ending at 12:01 a.m., e.s.t., March 15, preparation for such effective time; and tions and information submitted by the 1965, no handler shall ship between the good cause exists for making the provi Valencia Orange Administrative Coin- production area and any point Outside sions hereof effective as hereinafter set mittee, established under the said thereof in the continental United States, forth. The committee held an cpen meet amended marketing agreement and Canada, or Mexico:. ing during the current week, after giv order, and upon other available infor (i) Any seedless grapefruit, grown in ing due notice thereof, to consider supply mation, it is hereby found that the lim Regulation Area I, which do not grade and market conditions for navel oranges itation of handling of such Valencia at least U.S. No. 1; and the need for regulation; interested oranges, as hereinafter provided, will (ii) Any seedless grapefruit, grown in persons were afforded an opportunity to tend to effectuate the declared policy of Regulation Area H, which do not grade submit information and views at this the act. at least U.S. No. 1 Russet: Provided, That meeting; the recommendation and sup (2) It is hereby further found that it such grapefruit which grade U.S. No. 2 porting information for regulation dur is impracticable and contrary to the pub or U.S. No. 2 Bright may be shipped if ing the period specified herein were lic interest to give preliminary notice, such grapefruit meet the requirements promptly submitted to the Department engage in public rule making procedure, as to form (shape) and color specified in after such meeting was held; the provi and postpone the effective date of this the U.S. No. 1 grade; or sions of this section, including, its effec section until 30 days after publication Saturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2591 hereof in the F ederal R egister (5 U.S.C. Order No. 909, as amended (7 CFR Part the highest point of the peel): Provided, 1001-1011) because the time interven 909), regulating the handling of grape That the tolerance prescribed for the ing between the date when information fruit grown in the State of Arizona; in U.S. No. 2 grade shall be the tolerances upon which this section is based be Imperial County, California; and in that applicable to the requirements of this came available and the time when this part of Riverside County, California, subparagraph except that not more than section must become effective in order situated south and east of White Water, 5 percent shall be allowed for grapefruit to effectuate the declared policy of the California, effective under the applicable having peel more than one inch in act is insufficient, and a reasonable time provisions of the Agricultural Marketing thickness at the stem end; or is permitted, under the circumstances, Agreement Act of 1937, as amended (7 (ii) Any grapefruit which measure for preparation for such effective time; U.S.C. 601-674), and upon the basis of less than inches in diameter, ex and good cause exists for making the the recommendations of the Administra cept that a tolerance of 5 percent,-by provisions hereof effective as hereinafter tive Committee (established under the count, for grapefruit smaller than 31%s set forth. The committee held an open aforesaid amended marketing agree inches shall be permitted, which toler meeting during the current week, after ment and order), and upon other avail ance shall be applied in accordance with giving due notice thereof, to consider able information, it is hereby found that the provisions for the application of tol supply and market conditions for Valen the limitation of shipments of grape erance specified in the revised United cia oranges and the need for regulation; fruit, as hereinafter provided, will tend States Standards for Grapefruit (Cali interested persons were afforded an op to effectuate the declared policy of the fornia and Arizona), §§ 51.925-51.955 of portunity to submit information and act. this title: Provided, That in determining views at this meeting; the recommenda (2) It is hereby further found that itthe percentage of grapefruit in any lot tion and supporting information for reg is impracticable and contrary to the which are smaller than 3 ^ 6 inches in ulation during the period specified herein public interest to give preliminary notice, diameter, such percentage shall be based were promptly submitted to the Depart engage in public rule-making procedure, only on tiie grapefruit in such lot which ment after such meeting was held; the and postpone the effective date of this are of a size 4%c inches in diameter and provisions of this section, including section until 30 days after publication smaller. its effective time, are identical with the thereof in the F ederal R egister (5 U.S.C. (2) Subject to the requirements of sub- aforesaid recommendation of the com 1001-1011) because the time interven paragraph (1) (i) of this paragraph, any mittee, and information concerning such ing between the date when information handler may, but only as the initial han provisions and effective time has been upon which this section is based become dler thereof, handle grapefruit smaller disseminated .among handlers of such available and the time when this sec than inches in diameter directly Valencia oranges; it is necessary, in tion must become effective in order to to a destination in Zone 4, Zone 3 or order to effectuate the declared policy of effectuate the declared policy of the act Zone 2; and if the grapefruit is so han the act, to make this section effective is Insufficient, and a reasonable time is dled directly to Zone 2 the grapefruit during the period herein specified; and permitted, under the circumstances, for does not measure less than 3%« inches compliance with this section will not preparation for such effective date. The in diameter: Provided, That a tolerance require any special preparation on the Administrative Committee held an open of 5 percent, by count, of grapefruit part of persons subject hereto which meeting on February 18,1965, to consider smaller than 3%c inches in diameter shall cannot be completed on or before the recommendations for regulation, after be permitted, which tolerance shall be effective date hereof- Such committee giving due notice of such meeting, and applied in accordance with the aforesaid meeting was held on February 25, 1965. interested persons were afforded an op provisions for the application of toler (b) Order. (1) The respective quanti portunity to submit their views at this ances and, in determining the percentage ties of Valencia oranges grown in Ari meeting; the recommendation and sup of grapefruit in any lot which are smaller zona and designated part of California porting information for regulation dur than 3%6 inches in diameter, such per which may be handled during the period ing the period specified herein were centage shall be based only on the grape beginning at 12:01 a.m., P.s.t., Febru promptly submitted to the Department fruit in such lot which are 3!%6 inches ary 28, 1965, and ending at 12:01 ajn., after such open meeting; necessary sup in diameter and smaller. P.s.t., March 1, 1965, are hereby fixed (3) As used herein, “handler,” “vari as follows: * plemental economic and statistical in formation upon which this recommended ety,” “grapefruit,” “handle,” “Zone 1,” (i) District 1: Unlimited movement; regulation is based were received by the “Zone 2,” “Zone 3,” and “Zone 4” shall (ii) District 2: Unlimited movement; Fruit Branch on February 23, 1965; in have the same meaning as when used (iii) District3: 55,100 cartons. formation regarding the provisions of the in said amended marketing agreement '*2) As used in this section, “handled,” regulation recommended by the com and order; the term “U.S. No. 2” shall ^handler,” “District 1,” “District 2,” and have the same meaning as when used in District 3,” and “carton” have the same mittee has been disseminated to shippers of grapefruit, grown as aforesaid, and the aforesaid revised United States meaning as when used in said amended Standards for Grapefruit; and “diam marketing agreement and order.- this section, including the effective time thereof, is identical with the recommen eter” shall mean the greatest dimension 601^674^19’ 48 stat> 85 amended; 7 U.S.C. dation of the committee; it is necessary, measured at right angles to a line from in order to effectuate the declared policy the stem to blossom end of the fruit. Dated: February 26,1965. of the act, to make this section effec (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. tive bn the date hereinafter set forth so 601-674) P a u l A. N ic h o l s o n , as to provide for the continued regula Deputy Director, Fruit and Vege Dated: February 25,1965. tion of the handling of grapefruit; and table Division, Consumer and compliance with this section will not P a u l A. N ic h o l s o n , Marketing Service. require any special preparation on the Deputy Director, Fruit and Veg IPR- Doc. 65-2182; Piled, Feb. 26, 1965; part of persons subject thereto which etable Division, Consumer and 11:37 a.m.J cannot be completed on or before the Marketing Service. effective date hereof. [FJR. Doc. 65-2149; Filed, Feb. 26, 1965; [Grapefruit Reg. 24] (b) Order. (1) Except as otherwise 8:49 a.m.] PART 909— GRAPEFRUIT GROWN IN provided in subparagraph (2) of this paragraph, during the period beginning [Lemon Reg. 150] ARIZONA; IN IMPERIAL COUNTY, at 12:01 a.m., P.s.t., February 28, 1965, CALIF.; AND IN THAT PART OF and ending at 12:01 a.m., P.s.t., March PART 910—LEMONS GROWN IN RIVERSIDE COUNTY, CALIF., SITU 28, 1965, no handler shall handle from CALIFORNIA AND ARIZONA ATED SOUTH AND EAST OF WHITE the State of California or the State of Limitation of Handling WATER, CALIF. Arizona to any point outside thereof: § 910.450 Lemon Regulation 150. Limitation of Shipments (i) Any grapefruit which do not meet the requirements of the U.S. No. 2 grade (a ) Findings. (1) Pursuant to the § 909.324 Grapefruit Regulation 24. and which are not free from peel that is marketing agreement, as amended, and miviL+findtnfl,s' Pursuant to the more than one inch in thickness at the Order No. 910, as amended (7 CFR Part marketing agreement, as amended, and stem end (measured from the flesh to 910), regulating the handling of lemons No. 39------3 2592 RULES AND REGULATIONS grown in California and Arizona, effec Dated: February 25, 1965. held; the provisions of this section, in cluding its effective time, are identical tive under the applicable provisions of P a u l A . N ic h o l s o n , with the aforesaid recommendation of the Agricultural Marketing Agreement Deputy Director, Fruit and Vege the committee, and information con Act of 1937, as amended (7 U.S.C. 601- table Division, Consumer and cerning such provisions and effective 674), çnd upon the basis of the recom Marketing Service. mendations and information submitted time has been disseminated among han by the Lemon Administrative Committee, JF.R. Doc. 65-2150; Filed, Feb. 26, 1965; dlers of such Indian River grapefruit; it established under the said amended mar 8:49 a.m.] is necessary, in order to effectuate the keting agreement and order, and upon declared policy of the act, to make this other available information, it is hereby [ Grapefruit Reg. 26.] section effective during the period herein found that the limitation of handling of specified; and compliance with this sec such lemons as hereinafter provided, will PART 912— GRAPEFRUIT GROWN IN tion will not require any special prepara tend to effectuate the declared policy of THE INDIAN RIVER DISTRICT IN tion on the part of persons subject hereto the act. FLORIDA which cannot be completed on or before (2) It is hereby further found that it the effective date hereof. Such commit is impracticable and contrary to the pub Limitation of Handling tee meeting was held on February 25, lic interest to give preliminary notice, § 912.326 Grapefruit Regulation 26. 1965. engage in public rule-making procedure, (b) Order. (1) The quan tity of and postpone the effective date of this (a) Findings. Sec. the various upland cotton-producing determinations for such other farms in 1427.2020 Successors-in-lnterest. counties of the United States have been which the producer has an interest in 1427.2021 Scheme or device and fraudulent determined and are published in § 722.- the current year. representation. 1427.2022 Reconstitution of farms. 260 of this title. § 1427.2008 Requirements for eligibil (b) Appraisal of farm normal yields. 1427.2023 Provision for handling excep ity* tional cases. Where a producer has not proven the 1427.2024 Supervisory authority of State actual yields of cotton for a farm for each (a) General. A producer will be eligi committee. of the years 1961, 1962, and 1963, as pro ble to receive payments under the pro 1427.2025 Delegation of authority. vided in § 1427.2007, the normal yield gram if he is a producer on a farm which is determined by CCC to meet the re Authority: The provisions of this subpart for the farm for the 1965 crop of cotton quirements of paragraph (b) of this sec issued under secs. 4 and 5, 62 Stat. 1070, as shall be appraised by the county com amended, secs. 103, 105, and 106, 78 Stat. 173, mittee by multiplying the normal yield tion and he fulfills the requirements of secs. 101, 401, 63 Stat. 1051; 15 T7.S.C. 714 h for the county for the 1965 crop of cotton paragraph (c) of this section and all of and c; 7 U.S.C. 1421, 1441. by the productivity index for cotton on the other requirements of this subpart. (b) Farm requirements. (1) A Form §1427.2001 General. the farm. (c) Farm productivity indexes. The ASCS-378, Agreement to Participate and (a) The regulations in this subpart productivity index for cotton on the farm Application for Payment must be filed provide terms and conditions for the shall be a productivity index determined for the farm. 1965 domestic allotment program for up for the farm by the county committee <2) The final planted cotton acreage land cotton (referred to in this subpart on the basis of an index of 100 as the in 1965 on the farm must not exceed the as “the program”) . Under the program, average for all cotton farms in the coun 1965 farm domestic allotment for cotton additional price support payments will ty. The productivity index for cotton on for the farm: Provided, That such allot be made by Commodity Credit Corpora the farm shall represent, as nearly as it ment shall not be considered as having tion (referred to in this subpart as is practicable to establish, the farm’s re been exceeded in any case determined “CCC”) to producers of upland cotton lationship in productivity to the average by CCC to fall in one of the following (referred to in this subpart as “cotton” ) of the farms in the county. In arriving cases: of the 1965 crop based on the planted at such productivity index, the county (i) In any case where (a) through acreage of cotton on participating farms committee shall take into consideration error in a county or State office the farm if such cotton acreage is not in excess the relative production capabilities of the operator was officially notified in writing of the 1965 farm domestic allotments farm for cotton in a normal crop year un of a 1965 farm domestic allotment for and other program requirements are met. der usual production practices. The cotton which was larger than the correct (b) The program is applicable in all county committee shall make such ad allotment; (b) the farm operator or other of the upland cotton producing counties justment as it considers necessary to producer on the farm acting solely in of the United States. provide equitable treatment for each reliance on the information contained in farm. the erroneous notice planted an acreage § 1427.2002 Administration. (d) Farm payment rates. The farm of cotton in excess of the correct allot (a) The program will be administered payment rate per acre shall be the result ment; and (c) the farm operator or other under the general supervision of the obtained by multiplying the farm normal producer oh thè farm is not notified that Administrator, ASCS (Executive Vice yield established under this subpart by the correct allotment has been exceeded President, CCC), and shall be carried the 1965 additional price support pay in time to adjust the acreage of cotton on out in the field by Agricultural Stabiliza ment rate of 4,35 cents per pound. the farm to the allotment within the time tion and Conservation State and county limit, for such adjustments. Before the § 1427.2006 Notice o f farm domestic al committees, i farm operator or any producer on the lotment, normal yield, and payment farm can be said to have relied upon the (b) State and county committeeis and rates. representatives and employees thereof erroneous notice, the circumstances must do not have authority to modify or waive Each operator of a farm which has a have been such that he had no cause to any of the provisions of the regulations 1965 farm acreage allotment for cotton believe that the allotment notice was in in this subpart, as amended or supple shall be notified by the county committee error. To determine this fact, the date mented. of the farm normal yield on Form M Q - of any corrected notice in relation to the 24-1, Notice of Farm Acreage Allotment time of harvest, the size of the farm, the § 1427.2003 Definitions. .. and Marketing Quota, and the farm amount of cotton customarily planted, In the regulations in this subpart and domestic allotment and payment rate es and all other pertinent facts shall be in all instructions, forms and documents tablished for his farm on Form MQ-24- taken into consideration.- in connection therewith, words and Upland Cotton, 1965 Upland Cotton No (ii) In any case where (a) the lack òf phrases shall have the meanings as tice, Farm Domestic Allotment, Normal compliance was caused by reliance in signed to them in the Regulations Gov Yield and Payment Rate. good faith by the farm operator on an erroneous notice of measured acreage is erning Reconstitution of Farms, Farm § 1427.2007 Appeals, Allotments and Farm History and Soil sued in accordance with applicable regu vu™ Acreages, as amended, Part (a ) A producer may obtain reconsid lations; (b) neither the farm operator • 19 of this title, and the Acreage Allot eration and review of determinations nor any producer on the farm had actual ment and Marketing Quota Regulations made under this subpart in accordance knowledge of the error in time to adjust lor the 1964 and Succeeding Crops of with the Appeal Regulations, Part 780 the acreage planted to cotton on the farm Upland Cotton, as amended, of Part 722 of this title (29 F.R. 8200), as amended. in accordance with this subpart; (c) the of this title. (b ) I f a producer proves the actual incorrect notice was/the result of an yieldsjjf cotton for a farm for each of the error made by the performance reporter § 1427.2004 Farm domestic allotments or by another employee of the county or for 1965. years 1961, 1962, and 1963, a revised normal yield for the farm for the 1965 State office in reporting, computing, or The county committee will establish a crop of cotton shall be determined which recording the cotton acreage for the iarm domestic allotment for cotton for shall be the 3-year weighted averaige farm; (d) neither the farm operator nor 7 * 0farni for 1965 as provided in harvested yield for the farm: Provided, any producer on the farm was in any f U 2.229 of the Acreage Allotment Regu- That the producer whose production rec way responsible for the error; and (e) tions for the 1964 and Succeeding Crops ords are used to prove yields on the farm the extent of the error in the erroneous Cotton of this title, as shall be required to furnish production notice was such that the farm operator amended. data for all other farms in the county would not reasonably be expected to question the acreage of which he was § 1427.2005 County normal yields, farm or nearby counties in which he had an erroneously notified. normal yields, farm productivity in- interest in any of the years for which aexes, and farm payment rates. tiie yields are proven (unless there is (iii) In any case where (a) through conclusive evidence that the records pre no fault of the farm operator or any mo? \ c ° unty normal yields. The nor sented are in fact for the specific farm ), producer on the farm the cotton acreage mal yields for the 1965 crop of cotton for and such data shall be used in making was not measured or the farm operator 2594 RULES AND REGULATIONS was not notified of the measured acreage M abion, I n d . Issued in Kansas City, Mo., on Febru (Sec. 408, 68 Stat. 511, as amended; 21 TJ.S.C. 346a) That airspace extending upward from 700 ary 12,1965. feet above the surface within a 12-mile radius H e n r y L . N e w m a n , Dated: February 23,1965. of Marion Municipal Airport, Marion, Ind. Acting Director, Central Region. (latitude 40°29'25'' N., longitude 85*40'40" J o h n L. H a r v e y , W .), and within 8 miles S and 5 miles N of the [F R . Doc. 65-2023; Filed, Feb. 26, 1965; Deputy Commissioner Marion VOR 042° radial extending from the 8:45 am .] of Food and Drugs. 12-mile radius area to 14 miles NE of the [F R . Doc. 65-2084; Filed, Feb. 26, 1965; airport. 8:48 a.m.] M tjncie, I n d . That airspace extending upward from 700 Title 21— FOOD AND DRUGS feet above the surface within a 5-mile radius SUBCHAPTER C— DRUGS of Delaware County Airport, Muncie, Ind., Chapter I— Food and Drug Adminis and within 2 miles each side of the 125° tration, Department of Health, Edu PART 141a— PENICILLIN AND PENI bearing from Delaware County Airport ex cation, and Welfare CILLIN-CONTAINING DRUGS; TESTS tending from the 5-mile radius area to 13 AND METHODS OF ASSAY miles SE of the airport; and that airspace SUBCHAPTER B— FOOD AND FOOD PRODUCTS extending upward from 1,200 feet above the PART 120— TOLERANCES AND EX PART 145— ANTIBIOTIC DRUGS; DEFI surface within the area bounded by the line NITIONS AND IN T ER P R ET A T IV E beginning at latitude 40°40'00" N., longitude EMPTIONS FROM TOLERANCES FOR 85«30'00" W.; to latitude 40°30'00" N., longi PESTICIDE CHEMICALS IN OR ON REGULATIONS tude 85°22'00" W.; to latitude 40°30'00" N., longitude 84«49'00" W.; to latitude 40«10'00" RAW AGRICULTURAL COMMODI PART 146a— CERTIFICATION OF PEN N., longitude 85°00'00" W.; to latitude TIES ICILLIN AND PENICILLIN-CONTAIN 40*10’00'' N., longitude 85°05'45" W.; to ING DRUGS latitude 40®00-00"' N., longitude 84°58'00" Pesticide Chemicals Considered Safe W.; to latitude 40°00'00" N., longitude 86°- Sodium Cloxacillin Monohydrate OO'OO'' W.; to latitude 40°07'00” N., longitude Citriq. acid, sodium benzoate in an 86«00'00” W.; to latitude 40°30'00" N., longi amount up to 0.1 percent, and sodium Under thè authority vested in the Sec tude 85 «50'00" W.; to latitude 40«40'00" N., propionate are generally recognized as retary of Health, Education, and Welfare longitude 85°50'00" W.; to the point of be safe as food additives (§ 121.101(d)). by the Federal Food, Drug, and Cosmetic ginning and within a 12-mile radius of Similarly recognized are oil of lemon Act (sec." 507, 59 Stat. 463 as amended; Marion Municipal Airport. and oil of orange (§ 121.101(e)). 21 U.S.C. 357) and delegated to the Com (Sec. 307(a), Federal Aviation Act of 1958; Fumaric acid may be safely used in food missioner of Food and Drugs by the Sec 49 U.S.Ç. 1348) in accordance with prescribed conditions retary (21 CFR 2.90; 29 P R . 471) , the (§121.1130). Issued in Kansas City, Mo., on Feb regulations for penicillin and penicillin- The Commissioner of Food and Drugs ruary 12,1965. containing drugs (21 CFR Parts 141a, has received an inquiry regarding the 145, 146a) are amended as hereinafter H e n r y L. N e w m a n , status of these chemicals when used set forth to provide for tests and methods Acting Director, Central Region. postharvest as fungicides on hay. The of assay and certification of sodium IFH. Doc. 65-2024; Filed, Feb. 26, 1965; U.S. Department of Agriculture reports cloxacillin monohydrate. 8:45 a.m.] that these chemicals are useful for the 1. Part 141a is amended by adding control of mold or mildew on hay. It. thereto the following new sections: is concluded that Part 120 should be [Airspace Docket No. 64-CE-78] amended to clarify the status of these § 141a.ll8 Sodium cloxacillin monohy chemicals for the specified use. There drate. PART 71— DESIGNATION OF FEDERAL fore, under the authority provided- in (a) Potency. Use either of the follow AIRWAYS, CONTROLLED AIRSPACE, the Federal Food, Drug, and Cosmetic ing methods; however, the results ob AND REPORTING POINTS Act (sec. 408, 68 Stat. 511, as amended; tained from the method described in sub 21 U.S.C. 346a) and delegated to the paragraph (1) of this paragraph shall be Designation of Transition Area Commissioner by the Secretary of conclusive. Health, Education, and Welfare (21 CFR (1) Bioassay. Dissolve a suitable On December 19,1964, a notice Of pro 2.90), § 120.2(a) is amended to read as posed rule making was published in the quantity of the sample in sufficient O.lAf follows: F ederal R egister (29 F.R. 18097) stat potassium phosphate buffer, pH 6.0, to ing that the Federal Aviation Agency § 120.2 Pesticide chemicals considered make a convenient stock solution. Fur Proposed to designate controlled air safe. ther dilute the stock solution with O.lJkf space in the Auburn, Ind., terminal area. (a) As a general rule, pesticide chemi potassium phosphate buffer, pH 6.0, to the reference concentration of 5 micro Interested persons were afforded an cals other than benzaldehyde (when grams of cloxacillin per milliliter (esti opportunity to participate in the rule used as a bee repellant in the harvesting mated). Proceed as directed in § 141a.l, making through submission of com of honey), ferrous sulfate, lime, lime- ments. All comments received were sulfur, potassium polysulfide, sodium except prepare the standard curve as favorable. follows: Accurately weigh a suitable carbonate, sodium chloride, sodium poly quantity of the cloxacillin working „1 consideration of the foregoing, Part sulfide, and sulfur, ancT, when used post standard and dissolve in sufficient 0.1 M ‘i of p® Federal Aviation Regulations is harvest as a fungicide on hay, citric acid, potassium phosphate buffer, pH 6.0, to amended, effective 0001 e.s.t., May 27, fumaric acid, oil of lemon, oil of orange, iyo5, as hereinafter set forth. make a stock solution containing 1 milli sodium benzoate, and sodium propionate gram of cloxacillin per milliliter. The w * § l 1:181 (29 F R- 17643) the follow are not for the purposes of section 408(a) ing is added: stock solution may be used for no longer of the act generally recognized as safe for A uburn, I n d . than 1 week when stored at refrigera use. tion temperature. Further dilute the f^ at airspace extending upward from 7 * * * * * ieet above the surface within a 5-mile r stock solution with O.lAf potassium Notice and public procedure and de n«v.S*Tf th® Auburn Airport (latitude 41°1£ phosphate buffer, pH 6.0, to the standard 9 ** longitude 85°04'00" W .) and with layed effective date are not necessary curve concentrations of 3.2, 4.0, 5.0, 6.25, prerequisites to the promulgation of this and 7.81 micrograms of cloxacillin per v ™ L eaCh side of tbe Port Wayne, In 0150 radial extending from t: order, and I so find, since the amend milliliter. -mile radius area to 7 miles S of the Aubu ment is interpretative in nature. (2) Chemical assay. In lieu of the Airport. Effective date. This order shaU be bioassay method described in subpara effective on the date of its publication in graph (1) of this paragraph, the sample ^ . s 3? m 8^ederal Aviation Act of issa; the F ederal R e g ister . may be assayed for potency by the io- 2598 RULES AND REGULATIONS dometric assay described in § 141a.5(d) (f) Sodium cloxacillin content. Ac (6) It exhibits absorption maxima at using an aqueous solution containing 1.0 curately toeigh approximately 100 milli the wavelengths of 2.84, 2.98, 5.68, 6.02, milligram of cloxacillin per milliliter and grams of the sample and dissolve in suf 6.25, 7.11, 7.52, 9.52, 13.2, and 13.3/1. the cloxacillin working standard as the ficient 5N sodium hydroxide to give a to (b) Packaging. In all cases the im standard of comparison. tal volume of 25 milliliters. Place in a mediate container shall be a tight con (b) Toxicity. Proceed as directed in boiling water bath for 30 minutes. Cool, tainer as defined by the U.S.P., and shall § 141a.4, except administer a test dose of acidify 1 milliliter with 1 milliliter of be of such composition as will not cause 0.5 milliliter containing 16 milligrams of dilute sulfuric acid (1 in 2), add 8 milli any change in the strength, quality, or cloxacillin per milliliter in sterile dis- liters of water, and extract with two 25- purity of the contents beyond any limit stilled water. milliliter portions of ethyl ether. Com therefor in applicable standards, except (c) Moisture content. Proceed as di bine the ether extractives and extract that minor changes so caused that are rected in § 141a.26(e). with two 25-milliliter portions of 0.1N normal and unavoidable in good packag (d) pH. Using a solution of 500 milli sodium hydroxide. Combine the alkaline ing, storage, and distribution practice grams in 50 milliliters of carbon dioxide- extractives and dilute to 100 milliliters shall be disregarded. free distilled water, proceed as directed with carbon dioxide-free water. Using a (c) Labeling. Each package shall in § 141a.5(b). suitable spectrophotometer, determine bear on its outside wrapper or container (e) Crystallinity. Mount a few par the absorbance of the solution in a 1-cen- and the immediate container as herein ticles of the sample in mineral oil and timeter cell at the absorption peaks at after indicated, the following: examine by means of a polarizing micro 257 n ± 3 n and at 282 ¡j. ± 3 p compared (1) The batch mark. scope. The particles reveal the pheno with a reagent blank. Determine the (2) The number of micrograms of mena of birefringence and extinction po percent sodium cloxacillin in the sample cloxacillin per milligram and the number sitions on revolving the microscope stage. by means of the following calculation: of grams in the immediate container. (3) The statement “Expiration date (A}) mg. of standard, on an as is basis xpercent sodium ______,” the blank being filled in cloxacillin in the standard with the date that is 12 months after the Percent sodium cloxacillin==-----:------. . ------~—z— — —;— ------—=-— r—;— ------XlOO (A 2) X (mg. of sample, on an as is basis) month during which the batch was cer tified, except that thè blank may be filled in with the date that is 18 months, 24 where: § 145.3 Definitions of master and work A ^Difference in absorbance for the ing standards. months, or 30 months after the month sample between 257 m/i and 282 mu. during which the batch was certified if A2=Difference in absorbance for the clox (a) Master standards. (1) * * * the person who requests certification has acillin working standard similarly (x) The term “cloxacillin master submitted to the Commissioner results treated. standard” means a specific lot of cloxa of tests and assays showing that after (g) Identity. Using a suitable incillin that is designated as the standard having been stored for such period of frared spectrophotometer, scan the in of comparison in determining the po time such drug as prepared by him com frared absorption spectrum from 2p to tency of the cloxacillin working stand plies with the standards prescribed by 16/i of a 0.5 percent mixture in a potas ard. paragraph (a ) of this section. sium bromide pellet. ♦ * * * * (4) The statement “For manufactur (b) * * * ing use.” § 141a. 119 Sodium cloxacillin monohy (5) The statement “Caution: Federal drate capsules. (D * * * (ix) The term “cloxacillin working law prohibits dispensing without pre (a) Potency. Blend a representative standard” means a specific lot of a scription.” number of capsules in a high-speed glass homogeneous preparation of cloxacillin. (d) Request for certification; samples. (1) In addition to complying with the blender (usually 5 to 12) with 500 milli * * * * * liters of 1 percent potassium phosphate requirements of § 146.2 of this chapter, a buffer, pH 6.0. Proceed as described in 3. Section 145.4(b) is amended by add person who requests certification shall § 141a.118(a). The potency of sodium ing thereto the following new subpara submit with his request a statement cloxacillin monohydrate capsules is sat graph: showing the batch mark, the number of isfactory if they contain not less than § 145.4 Definition o f the terms “unit” packages of each size in the batch, and 90 percent and not morè than 120 per and “microgram” as applied to anti the date on which the latest assay on the cent of the cloxacillin that they are rep biotic substances. drug comprising such batch was com resented to contain. * * * * * pleted. Such request shall be accom panied or followed by the results of tests (b) Moisture. Proceed as directed in (b) * * * and assays made by him of the batch for § 141a.26(e). (36) The term “microgram” applied to potency, toxicity, moisture, pH, sodium cloxacillin means the cloxacillin activity § 141a.l20 Sodium cloxacillin monohy cloxacillin content, crystallinity, and drate for oral solution. (potency) contained in 1.135 micrograitfs identity. of the cloxacillin master standard. (a) Potency. Reconstitute the sam (2) Such person shall submit with his ple as directed in the labeling, and by 4. Part 146a is amended by adding request an accurately representative means of a needle and syringe transfer thereto the following new sections: sample of the batch, consisting of 10 a single-dose aliquot to a 200-milliliter packages, each containing approxi § 146a.114 Sodium cloxacillin monohy volumetric flask. Dilute to volume with drate. mately 300 milligrams taken from a dif 1 percent potassium phosphate buffer, ferent part of the batch, packaged in pH 6.0. Proceed as directed in § 141a. 118 (a) Standards of identity, strength, accordance with the requirements of (a). The potency of sodium cloxacillin quality, and purity. Sodium cloxacillin paragraph (b) of this section. monohydrate for oral solution is satis monohydrate is the crystalline monohy- (e) Fees. The fees for the services factory if it contains not less than 90 drated sodium salt of 5-methyl-3-(o- rendered with respect to each batch percent and not more than 120 percent chlorophenyl) -4-isoxazolyl penicillin. It under the regulations in this section shall of the cloxacillin that it is represented to is so purified and dried that: be: contain. (1) Its potency is not less than 825 (1) $5.00 for each immediate con (b ) Moisture. Proceed as directed in micrograms of cloxacillin per milligram. tainer in the sample submitted in ac § 141a.26(e). (2) It passes the toxicity test. cordance with paragraph (d) (2) of this (c) pH. Proceed as dirècted in (3) Its moisture content is not less section. § 141a.5(b), except use the solution ob than 3 percent nor more than 5 percent. (2) If the Commissioner considers tained after reconstituting the drug as (4) Its pH in an aqueous solution con that investigations other than examina directed in its labeling. taining 10 milligrams per milliliter is not tion of such immediate containers are 2. Section 145.3 (a) (1) and (b )(1 ) isless than 4.5 nor more than 7.5. necessary to determine whether or not amended by adding the following new (5) Its sodium cloxacillin content is such batch complies with the require subdivisions thereto: not less than 90.0 percent. ments of § 146.3 of this chapter for is- Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2599 suance of a certificate, the cost of such making the batch conforms to the re if such result and sample have been pre investigations. quirements prescribed therefor, if any, viously submitted. by this section. (e) Fees. The fees for the services The fee prescribed by this paragraph (2) Except as otherwise provided in rendered with respect to each batch of shall accompany the request for certifi subparagraph (4) of this paragraph, capsules under the regulations in this cation, unless such fee is covered by an such person shall submit in connection section shall be: advance deposit maintained in accord with his request results of tests and (1) $0.75 for each capsule in the sam ance with § 146.8(d) of this chapter. assays listed after each of the following, ples submitted in accordance with para § 146a.ll5 Sodium cloxacillin monohy made by him on an accurately repre graph (d) (3) (i) (a) and (c) of this sec drate capsules. sentative sample of: tion; $3.00 for the sample submitted in accordance with paragraph (d) (3) (i) (b) (a) Standards of identity, strength, (i) The batch: of this section; $5.00 for each package quality, and purity. Sodium cloxacillin (q ) If the person who requests certifi in the sample submitted in accordance monohydrate capsules are composed of cation is the manufacturer of the batch: with paragraph (d) (3) (ii) of this sec sodium cloxacillin monohydrate and one Average potency, average^ moisture, and tion; $4.00 for each package in the sam or more suitable diluents and lubricants. unless the capsules are packaged into ple submitted in accordance with para Each capsule contains sodium cloxacillin dispensing-sized containers immediately graph (d) (3) (iii) of this section. monohydrate equivalent to 250 milli after they are capsulated, average mois (2) If the Commissioner considers grams of cloxacillin or 500 milligrams of ture of capsules collected during each that investigations, other than examina cloxacillin. The moisture content is not day of packaging of the batch. tion of such capsules and packages, are more than 5 percent. The sodium clox (b) If the person who requests cer necessary to determine whether or not acillin monohydrate conforms to the re tification is not the manufacturer of the such batch complies with the require quirements of § 146a. 114 (a ). Each batch: Average potency and average ments of § 146.3 of this chapter for the other ingredient used, if its name is moisture of capsules collected during issuance of a certificate, the cost of such recognized in the U.S.P. or N.F., con each day the capsules are being packaged forms to the standards prescribed there into dispensing-sized containers. investigations. for by such official compendium. (ii) The sodium cloxacillin monohy The fees prescribed by subparagraph (b ) Packaging. Unless each sodium drate used in making the batch: Potency, (1) of this paragraph shall accompany cloxacillin monohydrate capsule is en toxicity, moisture, pH, sodium cloxacil the request for certification unless such closed in a foil or plastic film and such lin content, crystallinity, and identity. fees are covered by an advance deposit enclosure is a tight container as defined (3) Except as otherwise provided by maintained in accordance with § 146.8 by the U.S.P., except the provision that subparagraph (4) of this paragraph, such (d) of this chapter. it shall be capable of tight reclosure, the person shall submit in connection with § 146a. 116 Sodium cloxacillin monohy immediate container shall be a tight con his request, in the quantities hereinafter drate for oral solution. tainer as so defined. The immediate indicated, accurately representative sam container may contain a desiccant sep ples of the following: (a ) Standards of identity, strength, arated from the capsules by a plug of (i) The batch: quality, and purity. Sodium cloxacillin cotton or other like material. The com (a) If the person who requests cer monohydrate for oral solution is a mix position of the immediate container or tification is the manufacturer of the ture of sodium cloxacillin. monohydrate of the foil or film enclosure shall be such batch: One capsule for each 5,000 cap with one or more suitable colorings, as will not cause any change in the sules in the batch, but in no case less flavorings, buffer substances, and pre strength, quality, or purity of the con than 30 capsules, collected by taking servatives. When reconstituted as di tents beyond any limit therefor in ap single capsules at such intervals through rected in the labeling, it contains the plicable standards, except that minor out the entire time of capsulating the equivalent of 25 milligrams of cloxacillin changes so caused that are normal and batch that the quantities capsulated dur or 50 milligrams of cloxacillin per milli unavoidable in good packaging, storage, ing the intervals are approximately liter. Its moisture content is not more and distribution practice shall be dis equal; than 1 percent. The pH of the solution, regarded. (b) If, after capsulating, such person when reconstituted as directed in its (c) Labeling. In addition to the packages the batch into dispensing-sized labeling, is not less than 5.0 nor more labeling requirements prescribed by containers: 20 capsules, collected at than 7.5. The sodium cloxacillin mono § 1.106(b) of this chapter (regulations equal intervals during each day the cap hydrate used conforms to the require issued under section 502(f) of the act) sules are being packaged, except that this ments of § 146a.l 14(a). Each other in each package shall bear on the outside sample is not required if the capsules gredient used, if its name is recognized wrapper or container and the immediate are packaged immediately after cap in the U.S.P. or N.P., conforms to the container the statement “Expiration sulation; or standards prescribed therefor by such date-----:------the blank being filled (c) If the person who requests cer official compendium. in with the date that is 12 months after tification is not the manufacturer of the (b) Packaging. The immediate con the month during which the batch was batch (for the purposes of certification, tainer shall be a tight container as de certified. a batch shall be that number of cap fined by the U.S.P. and shall be of such (d) Request for certification; samples. sules filled by such persons into dis composition as will not cause any change (1) In addition to complying with the pensing-sized containers during each in the strength, quality, or purity of the requirements of § 146.2 of this chapter, day’s packaging operation): 1 capsule contents beyond any limit therefor in a person who requests certification of a for each 5,000 capsules, but in no case applicable standards, except that minor batch of sodium cloxacillin monohy less than 30 capsules collected by taking changes so caused that are normal and drate capsules shall submit with his re single capsules at such intervals through unavoidable in good packaging, storage, quest a statement showing the batch out each day of packaging the capsules and distribution practice shall be dis naark, the number of capsules in such that the quantities packaged during the regarded. intervals are approximately equal. h t u number of capsules of the (c) Labeling. In addition to the label batch packaged into dispensing-sized (ii) The sodium cloxacillin used in ing requirements prescribed by § 1.106(b) containers during each day’s packaging making the batch: 10 packages, each of this chapter (regulations issued under operations, the batch mark, and (unless containing not less than 300 milligrams, section 502(f) of the act) each package t was previously submitted) the date on packaged in accordance with the re shall bear on the outside wrapper or con which the latest assay of the sodium quirements of § 146a.ll4(b). tainer and the immediate container the cloxacillin monohydrate used in making (iii) in case of an initial request for statement “Expiration d a te ------— certification, each other substance used w as completed, the number the blank being filled in with the date in making the batch: One package of sni *i?rarns cloxacillin in each cap- that is 12 months after the month during . j e quantity of each ingredient each, containing approximately 5 grams. which the batch was certified. wVvi ltt^lcihg the batch, the date on (4) The result referred to in subpara (d) Request for certification; samples. ni-ici . e l ^ s t assay of the drug com- graph (2) (ii) of this paragraph and the (1) In addition to complying with the _ such batch was completed, and sample referred to in subparagraph (3) requirements of § 146.2 of this chapter, atement that each ingredient used in (ii) of this paragraph are not required a person who requests certification of a No. 39------4 2600 RULES AND REGULATIONS batch of sodium cloxacillin monohy solution under the regulations in this fare (21 CFR 2.90), the regulation for drate for oral solution shall submit with section shall be: the certification of benzathine penicillin his request a statement showing the (1) $4.00 for each immediate con G and procaine penicillin for aqueous in batch mark, the number of packages of tainer in the samples submitted in ac jection is amended to provide for an each size in such batch, the batch mark cordance with paragraph (d) (3) (i) and expiration date of 48 months or 60 and (unless it was previously submitted! (iii) of this section. $5.00 for each pack months, under certain specified condi the date on which the latest assay of the age in the sample submitted in accord tions, for the drug in powder form. The drug comprising such batch was com ance with paragraph (d) (3) (ii) of this amendment is effected by changing pleted, the number of milligrams of section. § 146a.86(c) to read as follows: cloxacillin in each immediate container, (2) If the Commissioner considers § 146a.86 Benzathine penicillin C and the quantity of each ingredient used in that investigations, other than examina procaine penicillin for aqueous in making the batch, the date on which tion of such immediate containers, are jection. the latest assay of the drug comprising necessary to determine whether or not * * * * * such batch was completed, and a state such batch complies with the require ment that each ingredient used in mak ments of § 146.3 of this chapter for the (c) In lieu of the directions for label ing the batch conforms to the require issuance of a certificate, the cost of such ing prescribed by § 146a.77(c) (1) (i) (a), ments prescribed therefor, if any, by this investigations. each package shall bear on the outside section. wrapper or container and the immedi The fees prescribed by subparagraph (1) (2) Except as otherwise provided in ate container the statement, “Expira of this paragraph shall accompany the subparagraph (4) of this paragraph, tion d a t e ______,” the blank being request for certification unless such fees such person shall submit in connection filled in, if it is the aqueous suspension are covered by an advance deposit main with his request results of the tests and of the drug, with the date that is 18 tained in accordance with § 146.8 of this months after the month during which assays listed after each of the follow chapter. ing, made by him on an accurately the batch was certified, except that the representative sample of : This order provides for tests and meth blank may be filled in with the date that (i) The batch: Average potency per ods of assay and certification of three is 24 months if the person requesting milliliter of the reconstituted solution, antibiotic products which have been certification has submitted to the Com moisture, and pH. found to be safe and efficacious for use, missioner results of tests and assays (ii) The sodium cloxacillin monohy conditions pertinent to their certification. showing that after having been stored drate used in making the batch: Potency, Since the basic requirements of section for such period of time such drug as toxicity, moisture, pH, sodium cloxa 507 of the Federal Food, Drug, and Cos prepared by him complies with the stand cillin content, crystallinity, and identity. metic Act have been complied with and ards prescribed for it, or if it is the dry (3) Except as otherwise provided by since the interests of the public health mixture of the drug, with the date that subparagraph (4) of this paragraph, will be served by making these new anti is 36 months after the month during such person shall submit in connection biotic drugs available for use, the re which the batch was certified, except with his request in the quantities here quirements for notice and public proce that the blank may be filled in with the inafter indicated, accurately representa dure are not deemed necessary in this date that is 48 months or 60 months if tive samples of the following: instance. the person requesting certification has submitted to the Commissioner results (i) The batch: One immediate con Effective date. This order shall be tainer for each 5,000 immediate con of tests and assays showing that after come effective 30 days from the date of tainers in the batch, but in no case less having been stored for such period of its publication in the F ederal R eg ist e r . than 5 immediate containers, collected time such drug as prepared by him com by taking single immediate containers (Sec. 507, 59 Stat. 463 as amended; 21 U.S.C. plies with the standards prescribed for it. at such intervals throughout the entire 357) • * * * * time of packaging the batch that the Dated: February 19, 1965. Notice and public procedure and de quantities packaged during the intervals layed effective date are unnecessary pre are approximately equal. G e o . P . L a r r ic k , Commissioner of Food and Drugs. requisites to the promulgation of this (ii) The sodium cloxacillin monohy order, and I so find, since the nature of drate used in making the batch : 10 pack [F.R. Doc. 65-2085; FUed, Feb. 26, 1965; the change is such that it cannot be ap 8:48 am .] ages containing not less than 300 milli plied to a specific product until its man grams packaged in accordance with the ufacturer has supplied adequate data requirements of § 146a. 114(b). regarding that article. (iii) In case of an initial request for PART 146a— CERTIFICATION OF PEN certification each other ingredient used ICILLIN AND PENICILLIN-CONTAIN Effective date. This order shall be in making the batch: One package of ING DRUGS effective on the date of its publication each containing approximately 5 grams. in the F ederal R eg ister . Berikathine Penicillin G and Procaine (4) The result referred to in subpara (Sec. 507, 59 Stat. 463 as amended; 21 U.S.C. graph (2) (ii) of this paragraph and the Penicillin for A q u e o u s Injection; 357) sample referred to in subparagraph (3) Change in Expiration Date Dated: February 23, 1965. (ii) of this paragraph are not required Pursuant to the authority provided in if such result and sample have been pre the Federal Food, Drug, and Cosmetic J o h n L . H a r v e y , Deputy Commissioner viously submitted. Act (sec. 507, 59 Stat. 463 as amended; (e) Fees. The fees for the services21 U.S.C. 357) and delegated to the of Food and Drugs. rendered with respect to each batch of Commissioner of Food and Drugs by the [F.R. Doc. 65-2086; Filed, Feb. 26, 1965; sodium cloxacillin monohydrate for oral Secretary of Health, Education, and Wel 8:48 am .] All written submissions made pursuant § 993.21b Trade demand. DEPARTMENT OF AGRICULTURE to this notice will be made available for (a) Domestic trade demand. The public inspection at such times and quantity of prunes which the commercial Agricultural Stabilization and places and in a manner convenient to the Conservation Service trade will acquire from all handlers dur public business (7 CFR 1.27(b)). ing a crop year for distribution in domes [ 7 CFR Part 729 1 Signed at Washington, D.C., on Feb tic markets for human consumption as ruary 24,1965. prunes and prune products. PEANUTS H. D. G o d f r e y , (b) Foreign trade demand. The Proposed Determinations To Be Made Administrator, Agricultural Sta quantity of prunes which the commercial Regarding Supply of Valencia Type bilization and Conservation trade will acquire from all handlers dur Service. ing a crop year for distribution in other Peanuts for 1965-66 Marketing [F.R. Doc. 65-2078; Filed, Feb. 26, 1965; than domestic markets for human con Year 8:47 am .] sumption as prunes and prune products. Pursuant to section 358(c) of the Agri 4. Add a new § 993.21c as follows: cultural Adjustment Act’ of 1938, as amended (7 U.S.C. 1358(c)), the Secre Consumer and Marketing Service § 993.21c Salable prunes. tary of Agriculture is preparing to deter “Salable prunes” means those prunes mine whether the supply of Valencia type [ 7 CFR Part 993 1 which are free to be handled pursuant peanuts for the 1965-66 marketing year [Docket No. AO 201-A5] to any salable percentage established by will be insufficient to meet the estimated the Secretary pursuant to § 993.54, or, if demand for cleaning and shelling pur DRIED PRUNES PRODUCED IN no salable percentage is established for poses. Section 358(c) of the Act, as CALIFORNIA a crop year, all prunes received by han amended, reads in part as follows: dlers during that year. Notwithstanding any other provision of Notice of Hearing With Respect to 5. Add a new § 993.21d as follows: law, if the Secretary of Agriculture deter Proposed Amendment of Marketing mines, on the basis of the average yield per § 993.21d Reserve prunes. acre of peanuts by types during the preced Agreement and Order “Reserve prunes” means those prunes ing 5 years, adjusted for trends in yields and Pursuant to the Agricultural Market abnormal conditions of production affecting which must be withheld in satisfaction yields in such 5 years, that the supply of ing Agreement Act of 1937, as amended of a reserve obligation arising from ap any type or types of peanuts for any market (Secs. 1-19, 48 Stat. 31, as amended; 7 plication of a reserve percentage estab ing year, beginning with the 1951-52 market U.S.C. 601-674), and in accordance with lished by the Secretary pursuant to ing year, will be insufficient to meet the esti the applicable rules of practice and pro § 993.54. mated demand for cleaning and shelling pur cedure governing proceedings to formu poses at prices at which the Commodity late marketing agreements and market Prune Administrative Committee. 6. Credit Corporation may sell for such purposes Revise the first sentence of § 993.33 to peanuts owned or controlled by it, the State ing orders (7 CFR Part 900), notice is hereby given of a public hearing to be read as follows: “Decisions of the com allotments for those States producing such mittee shall be by majority vote of the type or types of peanuts shall be increased held at Kendrick Hall, University of San to the extent determined by the Secretary to Francisco, Corner of Shrader and Ful members present and voting and a quo be required to meet such demand but the ton Streets, San Francisco, Calif., begin rum must be present: Provided, That de allotment for any State may not be increased ning at 10 a.m., P.s.t., March 15, 1965, cisions on marketing policy, grade or size under this provision above the 1947 harvested with respect to proposed further amend regulations, pack specifications, salable acreage of peanuts for such State. The total and reserve percentages, or permitting increase so determined shall be apportioned ment of the marketing agreement and Order No. 993 (7 CFR Part 993), regu producer diversion pursuant to § 993.62 among such States for distribution among shall require at least 14 affirmative farms producing peanuts of such type or lating the handling of dried prunes pro types on the basis of the average acreage of duced in California: The proposed votes.” peanuts of such type or types in the 3 amendment has not received the ap 7. Revise § 993.34 as follows: years immediately preceding the year for proval of the Secretary of Agriculture. § 993.34 Expenses. which the allotments are being determined. The public hearing is for the purpose The additional acreage so required shall be The members of the committee, and of receiving evidence with respect to the m addition to the national acreage allotment, alternates when acting as members, or economic, marketing, and other condi the production from such acreage shall be when alternates’ expenses are authorized tions which relate to the proposed n addition to the national marketing quota, by the committee, shall serve without and the increase in acreage allotted under amendment, hereinafter set forth, and compensation, but shall be allowed their , ifi-^'0vision skall n°t be considered in es to any appropriate modifications thereof. expenses. tablishing future State, county, or farm The Prune Administrative Committee, acreage allotments. the administrative agency established 8. Revise § 993.36(h) as follows: pursuant to the marketing agreement - to determining whether the sup ' (h) To prepare and submit to the Sec Piy of Valencia type peanuts for the 1965 and order, proposed the following retary monthly statements of the finan marketing year will be insufficien amendment and requested a hearing cial operations of the committee, exclu under section 358(c) of the Act to mee thereon: sive of reserve prune operations, and to Definitions. 1. Consider any-need to ev,en- imated demand for cleaning am make such statements, together with the revise § 993.13 Handler in view of the In consideration will be given t minutes of the meetings of said commit r .y,. ata. views and recommendation proposed addition of volume regulatory tee, available for inspection at the offices reiaipig thereto which are submitted ii provisions to the order. of the committee by producers, dehydra the Director, Policy and Pro 2. Add a new § 993.21a as follows: tors, and handlers; Somv A?.Praisal Division, Agriculture § 993.21a Proper storage. abili^tion and Conservation Servic< 9. In § 993.36 reletter present para . ' • -Department of Agriculture, Wash “Proper storage” means storage of such graphs (i), (j), (k), (1), and (m) as (j), nm °n’ 20250- To be considered character as will maintain prunes in the (k), (1), (m ), and (n ), respectively, and any such submissions must be post same condition as when received by a insert a new paragraph (i) as follows: handler, except for normal and natural marked not later than 15 days after pub (i) To prepare and submit to the Sec deterioration and shrinkage. Register0* no^ Ce *n the Federa retary annually, as soon as practicable 3. Add a new § 993.21b as follows: after the end of each crop year and at 2601 2602 PROPOSED RULE MAKING such other times as the committee may (13) Any recommended change in such percentages are established for the deem appropriate or the Secretary may regulations pursuant to § § 993.49 to subsequent crop year, all reserve obliga request, a statement of the financial op 993.53, inclusive; tions theretofore accrued during such erations of the committee with respect to (14) The probable assessable tonnage year on the basis of the previously effec reserve prunes for such crop year and for the purposes of § 993.81; and tive percentages shall be adjusted to the to make such statement available at the (15) The current prices for prunes, newly established percentages. offices of the committee for inspection the trend and level of consumer income, § 993.56 Reserve obligation. by producers, dehydrators, and handlers; whether producer prices are likely to exceed parity, and such other factors Whenever salable and reserve percent Marketing policy. 10. Revise § 993.41 as may have a bearing on the marketing ages are in effect for a crop year, each as follows: of prunes or the administration of this handler shall withhold from handling a § 993.41 Marketing policy. part. quantity of natural condition prunes equal to the reserve percentage applied (a) On or before the fourth Tuesday Grade and size regulations. 11. Re to the prunes such handler receives dur of each July, the committee shall prepare vise § 993.50(d) as follows: ing the crop year from producers and and submit to the Secretary a report set dehydrators including that diverted ton- ting forth its recommended marketing (d) French prunes: No handler shall ship or otherwise make final disposition age on diversion certificates issued pur policy for the ensuing crop year. If it suant to § 993.62 and credited to, or held becomes advisable to modify such policy, of any lot of standard prunes or stand ard processed prunes of French prunes by, him. The quantity of prunes hereby because of changed demand, supply, or required to be withheld shall be the “re other conditions, the committee shall unless the average count of such prunes is 100 or less per pound. However, serve obligation” of a handler. The formulate a new policy and shall submit prunes permitted to be handled by any a report thereon to the Secretary. No under safeguards to be established by the committee, such primes of smaller handler in accordance with the pro tice of the committee’s marketing policy, visions of this part shall be deemed to be and of any modifications thereof, shall sizes may be shipped to or disposed of in prune product outlets in which they that handler’s quota fixed by the Secre be given promptly by reasonable pub tary within the meaning of section 8a(5) licity to producers, dehydrators, and Jose their form and character as prunes of the act. handlers. by conversion prior to consumption. In (b) In formulating its marketing pol determining whether such lot of primes § 993.57 Holding and delivery. icy for the ensuing crop year, the com conforms to this minimum size require ment, the following tolerance shall Each handler shall, at all times, hold, mittee shall consider and shall include in in his possession or under his control, in its report to the Secretary, the following apply: In a sample of 100 ounces, the count per pound of 10 ounces of the proper storage for the account of the estimates (natural condition basis) and committee, free and clear of all liens, recommendations: smallest prunes shall not vary from the count per pound of 10 ounces of the the quantity of prunes necessary to meet (1) The carryover of salable prunes as his reserve obligation, less any quantity: of August 1; largest primes by more than 45 points. This tolerance as to the permitted devi (a) Disposed of by him in non-human (2) The carryover of reserve prunes as consumption outlets whether or not pur of August 1; ation of sizes about the average count for each size rangé and type of pack suant to § 993.49(c) and credited by the (3) The composition of the salable and committee against his requirement to reserve carryovers; may be modified by the Secretary, upon recommendation of the committee. hold reserve prunes; (b) for which he (4) The quantity of prune plums, dried has a temporary deferment pursuant to weight basis, likely to be diverted when Reserve control. 12. Add new sections § 993.58(a) ; (c) represented by trans authorized pursuant to § 993.62; on reserve control as follows : fers to him of reserve credits; (d) di (5) The quantity of prunes to be verted pursuant to § 993.62 and credited § 993.54 Establishment of salable and produced; by the committee against his require reserve percentages. (6) The probable quality and prune ment to hold reserve prunes; (e) dis sizes in the crop; Whenever the Secretary finds, from posed of by him as authorized agent or (7) The domestic trade demand in the recommendations and supporting under a sales contract or release of the cluding its components by uses of prunes; information supplied by the committee, committee; (f) delivered by him to the (8) ' The foreign trade demand byor from any other available information, committee, or to a person designated by countries or groups of countries; that to establish the percentages of it, pursuant to its instructions; and (g) (9) The desirable Carryover of salable prunes for any crop year which shall be for which he is otherwise relieved by the prunes at the end of the ensuing crop salable prunes and reserve prunes, re committee of such responsibility to so year; spectively, or to modify the previously hold prunes. No handler may transfer (10) The quantity of reserve prunes established percentages, would tend to a reserve obligation but any handler to be released as salable so as to protect effectuate the declared policy of the may, upon notification to the committee, against errors of estimation and permit act, he shall establish or modify such arrange to hold reserve prunes, on the orderly marketing of the supply; percentages. At the time of establish premises of another handler or in ap (11) The recommended salable and ment he shall specify whether reserve proved commercial storage, under con reserve percentages; prunes shall be controlled by a producer ditions of proper storage. The commit (12) A recommendation as to whether or handler pool. The salable and re tee may, after giving reasonable notice, reserve prunes shall be controlled by a serve percentages shall each apply to the require a handler to deliver to it, or w producer pool wherein the reserve per natural condition weight of prunes re a person designated by it, f.o.b. handlers centage is applied to each lot received ceived during the crop year by a han warehouse or point of storage, reserve by handlers, the committee sells the re dler from producers and dehydrators, prunes hëld by him. The committee serve prunes and collects the proceeds, including that diverted tonnage on di may require that such delivery consist and the committee distributes the pro version certificates issued pursuant to of natural condition prunes or it may ceeds to equity holders, or a handler pool § 993.62 and credited to, or held by, him. arrange for such delivery to consist o wherein the reserve percentage is ap The total of the salable and reserve per processed prunes. plied to total receipts of each handler, centages shall equal 100 percent. §993.58 Deferment of time fo r with the handler is permitted to dispose of § 993.55 Application of salable and re holding. reserve prunes pursuant to an agency serve percentages after end o f crop (a) Compliance by any handler with arrangement with the committee and year. the requirement of § 993.56 for withhoi - the handler distributes the proceeds to The salable and reserve percentages ing reserve may be temporarily defen, those beneficially interested; if a pro established for any crop year shall also to any date desired by the handler, b ducer pool is recommended, it shall be apply to all prunes received by handlers not later than November 15 of the cr p accompanied by recommended adminis in the subsequent crop year and before year, upon the voluntary execution a trative rules and procedures for operat salable and reserve percentages are delivery by such handler to the comm ing such pool; established for that crop year. After tee of a written undertaking that on Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2603 prior to the desired date he will have and conditions established by the Secre to the terms and conditions of the re fully satisfied his withholding require tary after recommendation by the lease, including the basis for determin ment. Such undertaking shall be se committee. ing the handler agents’ shares of the release: Provided, That at any time prior cured by a bond or bonds to be filed with Producer diversion. 13. Add a new to the expiration of the 5-day period the and acceptable to the committee in the i 993.62 as follows: amount or amounts specified, conditioned release may be made to such agents upon upon full compliance with such under § 993.62 Diversion privileges. the committee receiving from the Secre taking. (a) The word “prunes” as used in this tary notice that he does not disapprove (b) (1) Such bond shall be provided section includes plums of a variety used the making of .the release. The com at the handler’s expense, with a surety in the production of prunes exclusive of mittee may terminate the agency if the or sureties acceptable to the committee, such plums damaged by rain. handler violates the terms and conditions and shall be in an amount computed by (b) No producer shall be required to specified by the committee or other pro multiplying the pounds of natural con divert all or any portion of the prunes visions of this part, Any handler who dition prunes for which deferment is de produced by him. is authorized to dispose of reserve prunes sired by the bonding rate. Such bonding (c) If, on the basis of a committee may, through arrangement with another rate shall be established by the commit recommendation for diversion opera agent handler, dispose of such reserve tee at a level sufficient to achieve the tions, the availability of governing rules prunes through such other handler. Any objectives of this part. and procedures established by the Secre handler may acquire those credits for (2) In case a handler defaults in meet tary after recommendation of the com reserve prune disposition from another ing his deferred reserve obligation, any mittee, and other information, the handler which are in excess of said han funds collected by the committee from Secretary concurs that such should be dler’s reserve obligation. It shall be the the bonding company through such de permitted, he shall authorize diversion obligation of any handler to dispose of fault shall be used by the committee to operations. reserve prunes in accordance with all purchase from handlers a quantity of (d) After diversion operations are au applicable requirements and conditions. natural condition prunes, up to but not thorized, and subject to the applicable The proceeds of such disposition shall be exceeding the quantity on which the de rules and procedures, any producer may retained by the handler making the dis fault occurred. Purchases shall be made divert prunes of his own production for position, except that, in case he disposes from prunes with respect to which the eligible purposes and receive from the of the reserve prunes of another handler, reserve obligation has been met, and committee a diversion certificate there the proceeds from that disposition shall shall be of grades, varieties, or sizes and for. To the extent permitted by the rules be divided between the two handlers on in such containers as the committee and procedures, the producer may submit the basis of mutual agreement. specifies in consideration of available re the certificate to any handler in lieu of (2) Disposition by the committee. serve prime outlets. Purchases shall be reserve and the certificate shall entitle When reserve prunes are being controlled at prices determined to be appropriate the handler to satisfy his reserve obliga by a handler pool, such prunes, other by the committee and if more prunes are tion. than those disposed of by handlers as offered than required by the committee, (e) Within such restrictions as may agents of the committee as authorized it shall make the purchases from various be prescribed by rules and procedures, in subparagraph (1) of this paragraph, handlers as nearly as practicable in pro eligible diversions may include: (1) Dis those freed by diversion pursuant to portion to the quantity of their respective posal of dried prunes for non-human § 993.62, and those not needed for stabili offerings at the same price. The com uses; (2) disposal of fresh prunes in out zation (reserve carryover) purposes, may mittee shall dispose of the prunes ac lets other ' than drying; (3) leaving be sold or disposed of by the committee quired as soon as practicable in the most prunes unharvested; and (4) disposal of for any of the purposes specified in par favorable reserve prune outlets and shall prunes for such other uses as may be agraph (a) of this section. No offer to deposit the proceeds from such sales, less authorized. sell reserve prunes shall be made by the committee expenses in connection with committee until five days (exclusive of such transaction, with reserve pool funds Disposition of reserve prunes. 14. Add Saturdays, Sundays, and holidays) have for distribution to equity holders if re a new § 993.65 as follows: elapsed from the time it files with the serve prunes are being controlled by a § 993.65 Disposition o f reserve prunes. Secretary complete information as to the producer pool or shall pay any remaining terms and conditions of the proposed net proceeds to the defaulting handler (a) Committee’s right of disposition. offer, including the basis for withdrawal if reserve prunes are being controlled by The committee shall have the power and from handlers of the reserve prunes to a handler pool. authority to sell or dispose of any and be offered for sale: Provided, That at ^ ^ for any reason the committee is all reserve prunes (1) to meet any de any time prior to the expiration of the 5- unable to purchase a quantity of prunes ficiency either in (i) domestic trade de day period the offer may be made upon f S iailge 85 Quantity of reserve prunes mand, or (ii) foreign trade demand, or the committee receiving from the Secre jn default by the handler, any remaining (2) for use in any outlet, defined in rules tary notice that he does not disapprove Balance of funds received because of the and procedures established by the Secre of the making of the offer. More than ^ iiu less expenses of the committee, tary after recommendation of the com one pool may be established by the com nan be deposited with reserve pool funds mittee, noncompetitive with normal out mittee. Direct expenses incurred by the “ 8 PJ°^ucer Pool is operative or shall be lets for salable prunes. committee in connection with each re remitted, if a handler pool is in effect, to (b) Handler pool— (1) Disposition "by spective pool shall be charged against °tker than the defaulting handlers as agents. When reserve prunes the proceeds of sales of prunes in that r Pr°P °rtion to the ratio of each are being controlled by a handler pool pool. Net proceeds from the sale of re handler’s reserve obligation to the and upon the request of a handler made serve prunes in each respective pool shall u. 8,J)1reserve obligation of all such other prior to such time as the committee may be distributed by the committee to each handlers for the crop year. specify, the committee shall authorize handler having an interest in that pool hii wiW! Gaudier who has defaulted on such handler to act as agent of the com in proportion to his relative contribution nhi ^ shall be credited on his reserve mittee, upon such reasonable terms and thereto. conditions as the committee may specify rem S!^iLWi h that Quantity of prunes (c) Producer pool. (1) Disposition Presented by the sums collected. in disposing of reserve prunes held or through handlers. When reserve prunes acquired by him. The committee may, 93.59 Payment to handlers for serv are being controlled by a producer pool, ices. for any of the purposes of paragraph (a) the committee may, for any of the pur of this ^section, release to its handler poses of paragraph (a) of this section, When6 q C°mi?ittee shall pay handlers agents, from time to time, a quantity offer to sell reserve prunes to handlers necessArT7Pr0dU-Cer pot)1 is operative for of reserve prunes for disposition or sale for disposition or sale by them in speci c o n S ? Services rendered by them in by them. No such release shall be made fied outlets. Sale of reserve prunes by but wit ^ lth reserve prunes including, by the committee until 5 days (exclusive the committee to any handler for resale s tori no- to, inspection, receiving, of Saturdays, Sundays, and holidays) in export outlets or fpr resale to export cordaneiP^v1®’ and fumigation, in ac- have elapsed from the time it files with ers for sale in such outlets shall be gov with a schedule of payments the Secretary complete information as erned by the provisions of a sales agree- 2604 PROPOSED RULE MAKING ment, executed by the handler with the Dated: February 24,1965. or arguments in connection with the committee. The committee may refuse proposed suspension. C la r e n c e H. G irard, to sell reserve prunes to any handler for Deputy Administratorf The views, data and arguments sub export if the handler violates the terms Regulatory Programs. mitted do not provide a basis for de and conditions of the agreement or other termining with sufficient certainty the provisions of this part. [F.R. Doc. 65-2081; Filed, Feb. 26, 1965; factual situation concerning marketing (2) Disposition by the committee. 8:48 a.m.] conditions which bear on the question of When reserve prunes are being controlled diversion privileges. Hence, they do not by a producer pool, such prunes, other [ 7 CFR Parts 1061, 1064 ] provide a sufficient factual basis upon than disposed of through handlers, as which to base a determination that the authorized in subparagraph (1) of this [Docket Nos. AO 327-A6-7, AO 23-A27] present provisions do not tend to effectu paragraph, those freed by diversion pur MILK IN ST. JO SEP H , M O., AND ate the declared purposes of the Act. suant to § 993.62, and those not needed It is thereby found and determined for stabilization (reserve carryover) pur GREATER KANSAS CITY MARKET that the proposed suspension of the poses, may be disposed of by the com ING AREAS aforesaid provision of the order relating mittee directly in any non-competitive Notice of Extension of Time for Filing to the limitation on diversions of pro outlet defined pursuant to paragraph (a) ducer milk should not be effectuated. (2) of this section. Exceptions to Recommended Deci The proceeding begun in this matter on (3) Offering reserve prunes. No offer sion on Proposed Amendments to January 29, 1965, is thereby terminated. to sell reserve prunes, either to handlers . Tentative Marketing Agreements Signed at Washington, D.C., on Feb or other persons, shall be made by the and Orders ruary 24, 1965. committee until five days (exclusive of G eorge L. M e h r e n , Saturdays, Sundays, and holidays) have Pursuant to the provisions of the Ag Assistant Secretary. elapsed from the time it files with the ricultural Marketing Agreement Act of Secretary complete information as to the 1937, as amended (7 U.S.C., 601 et seq.), [P R . Doc. 65-2083; Filed, Feb. 26, 1965; terms and conditions of the proposed and the applicable rules of practice and 8:48 a.m.] offer, including the basis for determin procedure governing the formulation of ing the handlers’ shares of the offer: marketing agreements ànd marketing Provided, That at any time prior to the orders (7 CFR Part 900), notice is hereby expiration of the five-day period the offer given that the time for filing exceptions DEPARTMENT OF HEALTH, EDU may be made to handlers upon the com to the recommended decision with re spect to the proposed amendments to the mittee receiving from the Secretary no CATION, AND WELFARE tentative marketing agreements and tice that he does not disapprove the mak orders regulating the handling of milk Food and Drug Administration ing of the offer. in the St. Joseph, Mo., and Greater Kan (4) Distribution of proceeds. Ex [21 CFR Parts 5, 10 1 sas City marketing areas, which was penses incurred by the committee for the issued February 17, 1965 (30 F.R. 2317), ANTICAKING AGENTS AND CERTAIN receiving, handling, holding, or dispos is hereby extended to March 10, 1965. OTHER INCIDENTAL ADDITIVES IN ing of any quantity of reserve prunes shall be charged against the proceeds Signed at Washington, D.C., on Feb SALT of sales of such primes. Net proceeds ruary 24,1965. Proposal To Exempt Declaration of from the disposition of reserve prunes C lar en c e H . G irard, Presence in Fabricated Foods shall be distributed by the committee Deputy Administrator, either directly, or through handlers as Regulatory Programs. The Salt Institute, 33 North LaSalle agents of the committee, under safe Street, Chicago 2, 111., a trade associa guards to be established by the commit [F.R. Doc. 65-2082; Filed, Feb. 26, 1965; tion, which states that it represents tee, to persons in proportion to their con 8:48 a.m.] manufacturers of 90 percent of the dry tributions thereto, or to their successors salt produced in the United States, has in interest, with appropriate grade and [ 7 CFR Part 1127 1 submitted a petition proposing the is size differentials as established by the suance of regulations to provide for ex committee. Progress payments may be MILK IN SAN ANTONIO, TEXAS, emption from labeling declaration in made by the committee in the same man MARKETING AREA fabricated foods of negligible and insig ner as sufficient funds accumulate. Dis nificant amounts of certain substances tribution of the proceeds in connection Termination of Proceeding To Suspend that have been added to salt to prevent with the reserve prunes contributed by Certain Provision of Order caking or for otherwise improving its a nonprofit cooperative agricultural mar physical properties and present in the Pursuant to the provisions of the Ag keting association which has authority fabricated food through the use of such ricultural Marketing Agreement Act of to market prunes of its members and to salt in their fabrication. allocate the proceeds therefrom to such 1937, as amended (7 U.S.C. 601 et seq.), notice was issued by the Acting Deputy The exemption sought would be ap members shall be made to such associa plicable to proprietary foods subject to tion, if it so requests. Administrator, Regulatory Programs, Agricultural Marketing Service, on Jan the requirements of section 403 (i) of the Federal Food, Drug, and Cosmetic Act Expenses and assessments. 15. Con uary 29, 1965, that the suspension of a and to standardized foods subject to the sider any need to revise the provisions certain provisions of the order regulat of §§ 993.80 and 993.81 in view of the ing the handling of milk in the San An requirements of sections 401 and 403(g) of the act. proposal to include volume regulation in tonio, Tex., marketing area was being Briefly summarized, the petition points this part. considered. out in the case of proprietary foods sub General. 16. Make such other changes The provision proposed to be suspend ject to the provisions of section 403 (i) in the marketing agreement and order ed is the portion of the proviso in § 1127.- the hardships the fabricated food indus as may be necessary to make the entire 11 which reads: “That if the days of try is encountering in purchasing salt marketing agreement and order conform production of such person for which to any amendments which may result containing a specified additive of the milk is diverted exceed one-third of the various additives that are permitted: from the hearing. days of production that milk is delivered Copies of this notice may be obtained difficulty of food manufacturers in to a pool plant during the month, such from the San Francisco Marketing Field changing labeling each time a salt con Office, Fruit and Vegetable Division, milk shall cease to be producer milk for taining a different incidental additive is Consumer and Marketing Service, U.S. the entire period of such diversion.” purchased and used; deception of the Department of Agriculture, 630 Sansome The suspension was proposed for the consumer arising out of the addition of Street, Room 836, San Francisco, Calif., period March 1, 1965, through July 31, permitted ingredients to salt and which 94111, or from the Prune Administrative 1965. Interested persons were invited to ingredients serve only to enhance the Committee, Room 334, World Trade Cen submit to the Department not later than physical properties of the salt and are ter, San Francisco, Calif., 94111. February 13, 1965, written data, views, incidental and do not affect the proper- v S aturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2605 ties of the finished foods to which such gated to the Commissioner of Food and Health, Education, and Welfare, Room s:,lt is added and consequently the label Drugs by the Secretary of Health, Educa 5440, 330 Independence Avenue SW., ing of their presence is misleading; and tion, and Welfare (21 CFR 2.90), all in Washington, D.C., 20201, written com other reasons, including data showing terested persons are hereby invited to ments on the proposal, preferably in that the anticaking agents so added will submit written comments regarding this quintuplicate. Comments may be ac be present in the finished foods only from proposal within 30 days from the date of companied by a memorandum or brief 0.000026 percent to 0.04 percent of the publication of this notice in the F ederal in support thereof. weight of the food. R eg ister . Such views and comments (Sec. 408(e), 68 Stat. 514; 21 U.S.C. 346a(e) ) The petition further points out in the should be submitted, preferably in quin Dated: February 23, 1965. case of foods subject to sections 401 and tuplicate, (to the Hearing Clerk, Depart 403(g) of the act an inconsistency in the ment of Health, Education, and Welfare, J o h n L. H a r v e y , current situation it believes exists inas Room 5440, 330 Independence Avenue Deputy Commissioner much as there are no food standards that SW., Washington, D.C., 20201, and may of Food and Drugs. recognize the current commercial prac be accompanied by a memorandum or [F.R. Doc. 65-2088; Filed, Feb. 26, 1965; tice of using anticaking agents in salt brief in support thereof. 8:48 a.m.] that is used in the production of stand Dated: February 19, 1965. ardized foods. The petitioner believes it would be impracticable to amend all G e o . P. L ar r ic k , [ 21 CFR Part 121 1 definitions and standards of identity pro Commissioner of Food and Drugs. TECHNICAL WHITE MINERAL OIL viding for the use of salt to recognize the [F.R. Doc. 65-2087; Filed, Feb. 26, 1965; presence of insignificant and nonfunc 8:48 am .] Uniformity of Nomenclature tional levels of such anticaking agents in the finished standardized foods; further, Subsequent to the issuance of § 121. that to require labeling would result in [ 21 CFR Part 120 1 2589 Mineral oil, which defined the speci fications of technical white mineral oil, deception of consumers and in unfair PESTICIDE CHEMICALS IN OR ON RAW competition, for the reasons advanced for comment was received proposing that exempting proprietary foods from the AGRICULTURAL COMMODITIES § 121.246, which prescribes the use of declaration of such incidental additives. Licorice Root; Notice of Proposal To technical white mineral oil in animal feed, be amended to reflect a desired uni The petitioner proposed that exempt Exempt From Requirement of Tol ing regulations.be issued pursuant to the formity with § 121.2589 in the definition proviso of section 403 (i) of the act in erance of technical white mineral oil. Addi the case of proprietary foods and under The Commissioner of Food and Drugs tionally, it was suggested that § 121.246 Part 10 of this title in the case of foods has received a request to exempt licorice expressly provide for the use of the more subject to regulations establishing defini root from the requirement of a tolerance refined white mineral oil as well as the tions and standards of identity. when used in accordance with good ag technical white mineral oil. The Com The proposal of the petitioner is as ricultural practice as an inert ingredient missioner of Food and Drugs considers follows: in pesticide formulations applied to that the comment has merit. .There 1. “It is proposed that a regulation begrowing crops or to raw agricultural fore, pursuant to the provisions of the issued pursuant to the proviso of section commodities after harvest. Licorice is Federal Food, Drug, and Cosmetic Act 403 (i) of the Federal Food, Drug, and generally recognized as safe as a food (sec. 409(d), 72 Stat. 1786; 21 U.S.C. Cosmetic Act establishing exemption additive in § 121.101(e). 348(d)) and under the authority dele from compliance with clause (2) of said Accordingly, the Commissioner, on his gated to the Commisisoner by the Secre section insofar as it applies to substances own initiative, pursuant to the authority tary of Health, Education, and Welfare which are added to prevent caking or to vested in the Secretary of Health, Edu (21 CFR 2.90), the Commissioner pro improve otherwise the physical properties cation, and Welfare by the Federal Food, poses to amend § 121.246 as follows: • of the salt and which in and of them Drug, and Cosmetic Act (sec. 408(e), 68 1. It is proposed to amend the head selves will have no effect on the food Stat. 514; 21 U.S.C. 346a(e)) and dele ing of § 121.246 and the introduction to products in which the salt is used and are gated to him by the Secretary (21 CFR the section; not food additives as defined in section 2.90), proposes that § 120.1001 be amend 2. It is proposed to amend paragraph 201 (s) of the act, or if they are food addi ed by inserting alphabetically in the table (a) ; tives as so defined, are used in conformity in paragraph (c) a new item, as follows: 3. It is proposed to amend paragraph with regulations established pursuant to (c) of the section by deleting the words section 409 of the act.” § 120.1001 Exemptions from the re “technical white,”. 2^ It is proposed that § 10.3(a) (21 quirement o f a tolerance. The heading, introductory text, and CFR 10.3(a)) be amended to read as * * * * * paragraphs (a) and (c) of § 121.246, as follows: (C) * * * amended, read as follows: § 10.3 Conformity to definitions an § 121.246 Mineral oil. Inert ingredients Limits Uses standards o f identity. Mineral oil may be safely used in * * * * ~* * * * * * * * # * animal feed, subject to the provisions (a) If it contains an ingredient f< of this section. (a) Mineral oil, for the purpose of this which no provision is made in such defin * * * * * * * * * tion and standard, unless such ingrediei section, is that complying with the defi is an incidental additive introduced at nition and specifications contained in nonfunctional and insignificant lev Any person who has registered or who § 121.1146 (a) and (b) or in § 121.2589 nrougb another ingredient authorize has submitted an application for the reg (b) (1) (i) and (ii). 7 .the terms of the applicable standai istration of an economic poison under (c) The quantity of mineral oil used ana such incidental additive in con the Federal Insecticide, Fungicide, and in animal feed shall not exceed 3.0 per parable nonstandardized foods has bee Rodenticide Act containing the ingredi cent in mineral supplements, nor shall exempted as provided in Part 5 of th ent listed in this document may request, it exceed 0.06 percent of the total ra chapter. within 30 days from publication of this tion when present in feed or feed con proposal in the F ederal R eg ister , that centrates. Potion in its entirety as presente the proposal be referred to an advisory rJvio 6 Institute is on file for publ Any interested person may, within 30 committee in accordance with section days from the date of publication of this i S t a e L t Hearlng C1' rk'S 0fBce 0 1 0 408(e) of the Federal Food, Drug, and notice in the F ederal R eg ist e r , file with to the provisions of the Fee Cosmetic Act. the Hearing Clerk, Department of Health, 401 dnoi\Drug> and Cosmetic Act (sec Any interested person may, within 30 Education, and Welfare, Room 5440, 330 days from the date of publication of this Independence Avenue SW., Washington, lSsk « 7^ a) ’ 52 Stat- 1046> 104 R . ™ \ F - S C- 341> 343 (i)* 371(a)), ar notice in the F ederal R eg iste r , file with D.C., 20201, written comments, prefer ui accordance with the authority del the Hearing Clerk, Department of ably in quintuplicate, on this proposal. 2606 PROPOSED RULE MAKING Comments may be accompanied by a VOR-1 approach procedure when de the Federal Aviation Regulations which memorandum or brief in support thereof. scending below an altitude of 1,000 feet would alter controlled airspace in the Dated: February 23, 1965. above the surface. The proposed con International Falls, Minn., terminal area. trol zone extension will protect Central The International Falls, Minn., control J o h n L. H a r v e y , Airlines aircraft while executing the Spe zone is presently designated as that air Deputy Commissioner cial VOR approach procedures when space within a 5-mile radius of Falls of Food and Drugs. descending below an altitude of 1,500 International Airport, International [F.R. Doc. 65-2092; Filed, Feb. 26, 1965; feet above the surface. The proposed Falls, Minn, (latitude 48°33'58" N., 8:48 a.m.] transition area will protect the holding, longitude 93°24'07" W .) and within 2 transitioning, and final approach course miles either side of the International jOf the AL-684-VOR-1 procedure. Falls VOR 133° radial extending from The floors of the airways which tra the 5-mile radius zone to 8 miles SE of FEDERAL AVIATION AGENCY verse the transition area proposed herein the VOR excluding the portion outside E 14 CFR Part 71 ] would automatically coincide with the the United States. floors of the transition area. The International Falls, Minn., transi [Airspace Docket No. 65-CE-4] Certain minor revisions to prescribed tion area is presently designated as that CONTROL ZONE, TRANSITION AREA, instrument procedures would be effected airspace within the United States ex AND CONTROL AREA EXTENSION in conjunction with the actions proposed tending upward from 1,200 feet above herein, but operational complexity would the surface within an 8-mile radius of Proposed Designation and Revocation not be increased nor would aircraft per Falls International Airport, Interna The Federal Aviation Agency is con formance or landing minimums be ad tional Falls, Minn.; and within 8 miles sidering an amendment to Part 71 of the versely affected. NE and 5 miles S W of the International Federal Aviation Regulations which Specific details of the changes to pro Falls VOR 133° radial extending from would alter the controlled airspace in cedures which would be required may be the 8-mile radius area to 14 miles SE of the Goodland, Kans., terminal area. examined by contacting the Chief, Air the VOR; and within 8 miles SW of the The Goodland, Kans., control area ex space Branch, Air Traffic Division, Cen International Falls VOR 317° radial ex tension is presently designated as that tral Region, Federal Aviation Agency, tending from the 8-mile radius area to airspace within 5 miles either side of the 4825 Troost Avenue, Kansas City, Mo., the United States/Canadian border. Goodland VORTAC 022° radial extend 64110, The Federal Aviation Agency, having ing from the VORTAC to 12 miles N and Interested persons may submit such completed a comprehensive review of within 10 miles S and 7 miles N of the written data, views or arguments as they the terminal airspace structural require Goodland VORTAC 281° and 101° radials may desire. Communications should be ments in the International Falls, Minn., extending from 20 miles W to 9 miles submitted in triplicate to the Director, terminal area, including studies attend E of the VORTAC. Central Region, A T T N : Chief, Air Traffic ant to the implementation of the pro The Federal Aviation Agency, having Division, Federal Aviation Agency, 4825 visions of Amendments 60-21 (26 F.R. completed a comprehensive review of the Troost Avenue, Kansas City, Mo., 64110. 570) and 60-29 (27 F.R. 4012) proposes terminal airspace structural require All communications received within to take the following airspace actions: ments in the Goodland, Kan«-, terminal forty-five days after publication of this (1) Redesignate the International Falls, Minn., control zone as that air area, including studies attendant to the notice in the F e d e r a l 'R eg ister will be implementation of the provisions of the considered before action is taken on the space within a 5-mile radius of Falls In ternational Airport, International Falls, Civil Air Regulations Amendments 60- proposed amendment. No public hear Minn, (latitude 48°33'58" N., longitude 21/60-29, proposes the following air ing is contemplated at this time, but ar 93°24'07" W.); and within 2 miles each space actions: rangements for informal conferences side of the International Falls VOR 129* 1. Revoke the Goodland, Kans., con with Federal Aviation Agency officials radial extending from the 5-mile radius trol area extension. may be made by contacting the Regional zone to 8 miles SE of the VOR; and 2. Designate the Goodland, Kans., Air Traffic Division Chief. Any data, within 2 miles each side of the Interna control zone to comprise that airspace views or arguments presented during tional Falls VOR 320° radial extending within a 5-mile radius of the Goodland, such conferences must also be submitted from the 5-mile radius zone to 8 miles Kans., Municipal Airport (latitude 30 in writing in accordance with this notice N W of the VOR; and within 2 miles each 21'45" N., longitude 101°42'00" W .), in order to become part of the record for side of the 325° bearing from radio sta and within 2 miles each side of the Good- consideration. The proposal contained tion CFOB extending from the 5-mile land VORTAC 352° radial, extending in this notice may be changed in the radius zone to 8 miles N W of the radio from the 5-mile radius zone to 8 miles N light of comments received. station excluding the portion outside of of the VORTAC. The public docket will be available the United States. 3. Designate the Goodland, Kans., for examination by interested persons (2) Redesignate the International transition area to comprise that airspace in the office of the Regional Counsel, Falls, Minn., transition area as that air extending upward from 700 feet above Federal Aviation Agency, 4825 Troost space extending upward from 700 feet the surface within a 6-mile radius of the Avenue, Kansas City, Mo., 64110. above the surface within 8 miles NE and Goodland, Kans., Municipal Airport (lat This amendment is proposed under the 5 miles S W of the International Falls itude 39°21'45" N., longitude 101°42'00" authority of section 307(a) of the Fed VOR 129° and 309° radials extending W .) ; and within 2 miles each side of the eral Aviation Act of 1958 (49 U.S.C. from 4 miles N W to 14 miles SE of the Goodland VORTAC 022° radial, extend 1348). VOR; and within 8 miles S W and 5 miles ing from the 6-mile radius to 8 miles N NE of the International Falls VOR 320° of the VO R TAC; and that airspace ex Issued at Kansas City, Mo., on Feb ruary 17,1965. radial extending from the VOR to 12 tending upward from 1,200 feet above the miles N W of the VOR; and that airspace surface within 5 miles E and 8 miles E d w ar d C. M ar sh , Director, Central Region. extending upward from 1,200 feet above W of the Goodland VORTAC 022° radial the surface within 8 miles SW and 5 extending from the VORTAC to 13 miles [F.R. Doc. 65-2027; Filed, Feb. 26, 1965; miles NE of the 325° bearing from radio N of the VORTAC, and within 5 miles 8:45 a.m.] station CFOB extending from the radio E and 8 miles W of the Goodland station to 12 miles N W of the radio sta VORTAC 352° radial, extending from 2 tion excluding the portions outside of miles S of the VORTAC to 12 miles N I 14 CFR Part 71 1 the United States. of the VORTAC. [Airspace Docket No. 65-CE-9] Relocation of the VOR and a con The proposed 5-mile radius control tinuing requirement for the restricted zone will provide protection for aircraft CONTROL ZONE AND TRANSITION approach procedure at International executing departures and missed ap AREA Falls, Minn., require the modifications proach procedures until reaching an of the controlled airspace designations. The floors of the airway that traverse altitude of 700 feet above the surface, and Proposed Alteration the transition area proposed herein will also protect the final approach The Federal Aviation Agency is con would automatically coincide with the course of aircraft executing the AL-684- sidering an amendment to Part 71 of floor of the transition area. Saturday, February 27, 1965 FEDERAL REGISTER 2607 The proposed control zone modification [ 14 CFR Part 71 ] Airport extending from the airport to 12 miles N W of the airport; and that air would realign the extensions to provide [Airspace Docket No. 65-CE-13] control zone protection for aircraft exe space extending upward from 1,200 feet cuting the revised approach procedures CONTROL ZONE AND TRANSITION above the surface within 5 miles SW and during their descent below 1,000 feet AREA 8 miles NE of the Brainerd VOR 117° above the surface. and 297° radials, extending from 5 miles The proposed transition area modifi Proposed Alteration N W to 13 miles SE of the VOR; within cation would realign the extensions to 8 miles E and 5 miles W of the 195* The Federal Aviation Agency is con bearing from the Brainerd-Crow Wing conform to the controlled airspace re sidering an amendment to Part 71 of the quirements for the revised approach County Municipal Airport extending Federal Aviation Regulations to alter from the airport to 15 miles S of the procedures and holding pattern. It controlled airspace in the Brainerd, would also revoke the 8-mile radius area airport. Minn., terminal area. At the present time, three special ap which is no longer needed. The base of The following controlled airspace is the transition area within the United proach procedures are prescribed for presently designated in the Brainerd, Brainerd, Minn. Following a request by States would be lowered to 700 feet above Minn., area: the surface to allow lowering of the pro the Federal Aviation Agency, North Cen (1) The Brainerd control zone is des tral Airlines reviewed their requirements cedure turn altitudes of the approach ignated as that airspace within a 5-mile procedures which is required to permit for these procedures. As a result of this radius of the Brainerd-Crow Wing review, they have requested the cancel approaches from the holding pattern. County Municipal Airport (latitude Coordination with the Canadian De lation of Procedure No. 3. 46°23'25" N., longitude 94°08'20" W .) The proposed alteration of the Brain partment of Transport is being con and within 2 miles each side of the ducted regarding the designation of a erd control zone will provide protection Brainerd VOR 297° radial, extending for aircraft executing special instrument portion of the control zone and the des from the 5-mile radius zone to the VOR— ignation of control area within Canada approach procedure No. 1 which provides see Airman’s Guide for hours of desig for straight in approach to runway 12 comparable to the actions proposed here nation. in. at Brainerd-Crow Wing County Airport. (2) The Brainerd transition area is The control zone, presently effective from Certain minor revisions to the pre designated as that airspace extending scribed instrument approach procedures 0800 to 1900 hours local time, daily, is upward from 700 feet above the surface predicated on the weather reporting would be effected in conjunction with the within a 7-mile radius of the Crow Wing actions proposed herein, but operational service being provided by duly certifi County Airport, Brainerd, Minn, (lati cated personnel of North Central Air complexity would not be increased nor tude 46°23'25" N., longitude 94°08'20" would aircraft performance or present lines. In the event of airline schedule W .), and extending upward from 1,200 change the effective hours of the control landing minimums be adversely affected. feet above the surface within 5 miles SW Specific details of the changes to pro zone may vary. Normally, 30 days notice and 8 miles NE of the Brainerd VOR 117° will be given prior to any change by a cedures that would be required may be and 297° radials, extending from 5 miles examined by contacting the Chief, Air Notice to Airmen and continuously pub N W to 13 miles SE of the VOR. lished in the Airman’s Information space Branch, Air Traffic Division, Cen The study relative to the implementa tral Region, Federal Aviation Agency, Manual. tion of the provisions of Amendments The proposed alteration of the portion 4825 Troost Avenue, Kansas City, Mo., 60-21 (26 F.R. 570) and 60-29 (27 F.R. 64110. of the Brainerd transition area which 4012) of Part 60 of the Civil Air Regula extends upward from 700 feet above the Interested persons may submit such tions was completed in 1963. This study written data, views, or arguments as they surface will provide protection for air did not make any provision for con craft executing special instrument ap may desire. Communications should be trolled airspace to encompass special in submitted in triplicate to the Director, proach procedures Nos. 1 and 2 during strument approach procedures. The that portion of the approach procedure Central Region, Attn: Chief, Air Traffic Federal Aviation Agency, having com Division, Federal Aviation Agency, 4825 conducted between 1,000 feet and 1,500 pleted a comprehensive review of the feet above the surface. The transition Troost Avenue, Kansas City, Mo., 64110. terminal airspace structural require All communications received within 45 area extension to the northwest protects ments in the Brainerd, Minnesota, ter special approach procedure No. 1 and days after publication of this notice in minal area, proposes the following air the F ederal R egister will be considered the extension to the south protects spe space actions: cial procedure No. 2. The proposed al before action is taken on the proposed (1) Designate the Brainerd control amendment. No public hearing is con teration of the portion of the Brainerd zone to comprise that airspace within a transition area which extends upward templated at this time, but arrangements 5-mile radius of the Brainerd-Crow for informal conferences with Federal from 1,200 feet above the surface will Wing County Municipal Airport (lati provide protection for aircraft executing Aviation Agency officials may be made by tude 46°23'25" N„ longitude 94°08'20" contacting the Regional Air Traffic Divi the procedure turn portion of special W . ); and within 2 miles each side of the instrument approach procedure No. 2. sion Chief. Any data, views, or argu Brainerd VOR 297° radial, extending ments presented during such conferences Certain minor revisions to prescribed from the 5-mile radius zone to the VOR; instrument procedures would be effected must also be submitted in writing in ac and within 2 miles each side of 313° cordance with this notice in order to be in conjunction with the actions proposed bearing from the Brainerd-Crow Wing v herein but operational complexity would come part of the record for consideration. County Municipal Airport, extending The proposal contained in this notice not be increased nor would aircraft per from the 5-mile radius zone to 7 miles formance or landing minimums be ad may be changed in the light of comments N W of the airport. This control zone received. versely affected. shall be effective dining the times es The public Docket will be available for Specific details of the changes to pro tablished by a Notice to Airmen and pub cedures that would be required may be examination by interested persons in the lished continuously in the Airman’s In omce of the Regional Counsel, Federal examined by contacting the Chief, Air formation Manual. space Branch, Air Traffic Division, Cen Aviation Agency, 4825 Troost Avenue, (2) Designate the Brainerd transition tral Region, Federal Aviation Agency, Kansas City, Mo., 64110. area as that airspace extending upward 4825 Troost Avenue, Kansas City, Mo., This amendment is proposed under from 700 feet above the surface within a 64110. the authority of section 307(a) of the 7-mile radius of the Brainerd-Crow Interested persons may submit such ¿ederai Aviation Act of 1958 (49 U.S.C. Wing County Airport (latitude 46°23'25" written data, views or arguments as they 1348). N., longitude 94°08'20" W . ) ; and within may desire. Communications should be 2 miles each side of the 195° bearing submitted in triplicate to the Director, at Kansas City, Mo., on Feb from the Brainerd-Crow Wing County ruary 17,1965. Central Region, Attn; Chief, Air Traffic Municipal Airport extending from the Division, Federal Aviation Agency, 4825 E dw ard C. M a r sh , 7-mile radius area to 11 miles S of the Troost Avenue, Kansas City, Mo., 64110. Director, Central Region. airport; and within 5 miles NE and 8 All communications received within 45 lpR. Doc. 65-2028; Filed, Feb. 26,, 1965; miles SW of the 313° bearing from the days after publication of this notice in 8:45 a.m.] Brainerd-Crow Wing County Municipal the F ederal R e g ister will be considered No. 39——5. 2608 PROPOSED RULE MAKING before action is taken on the proposed N W to 14 miles N W of the Detroit City in order to become part of the record amendment. No public hearing is con Airport. for consideration. The proposal con templated at this time, but arrangements Berz Airport lies beneath the Detroit tained in this notice may be changed in for informal conferences with Federal City transition area, but outside of the the light of comments received. Aviation Agency officials may be made by Detroit City control zone. In order to The public Docket will be available for contacting the Regional Air Traffic Divi provide protection to aircraft executing examination by interested persons in the sion Chief. Any data, views, or argu prescribed instrument approach proce office of the Regional Counsel, Federal ments presented during such conferences dures into Berz Airport, the Federal Aviation Agency, 4825 Troost Avenue, must also be submitted in writing in Aviation Agency proposes the following Kansas City, Mo., 64110. accordance with this notice in order to airspace actions: This amendment is proposed under become part of the record for considera 1. Redesignate the Detroit City control the authority of section 307(a) of the tion. The proposal contained in this zone as that airspace within a 5-mile Federal Aviation Act of 1958 (49 U.S.C. notice may be changed in the light of radius of the Detroit City Airport (lati 1348). comments received. tude 42°24'35" N., longitude 83°00'35" Issued at Kansas City, Mo., on Febru The public Docket will be available for W .), within 2 miles each side of the 143° examination by interested persons in the ary 12, 1965. bearing from the Madison Heights, office of the Regional Counsel, Federal H e n r y L. N e w m a n , Mich., R BN and Windsor, Ontario, Acting Director, Central Region. Aviation Agency, 4825 Troost Avenue, Canada VOR 320° radial, extending from [F.R. Doc. 65-2030; Filed, Feb. 26, 1965; Kansas City, Mo., 64110. the 5-mile radius zòne to 6 miles N W of This amendment is proposed under the 8:45 a.m.] the approach end of the Detroit City authority of section 307 (a) of the Federal Airport Runway 15 and within 2 miles Aviation Act of 1958 (49 U.S.C. 1348). each side of the Windsor, Ontario, I 14 CFR Part 71 ] Issued at Kansas City, Mo., on Feb Canada, RR N W course, extending from [Airspace Docket No. 65-CE-15] ruary 17, 1965. the 5-mile radius zone to the United E dw ard C. M ar sh , States/Canadian border, and within 2 CONTROL ZONE AND TRANSITION Director, Central Region. miles each side of the Windsor, Ontario, AREAS [F.R. Doc. 65-2029; Filed, Feb. 26, 1965; Canada VOR 320° radial extending from 8:45 a.m.] the 5-mile radius zone to the United Proposed Designation and Alteration States/Canadian border, The Federal Aviation Agency is con 2. Redesignate the Detroit City tran sidering an amendment to Part 71 of the sition area as that airspace extending [ 14 CFR Part 71 1 Federal Aviation Regulations to alter upward from 700 feet above the surface [Airspace Docket No. 65-CE-14] controlled airspace in the Jefferson City, within a 5-mile radius of Berz Airport, Mo., and Columbia, Mo., terminal areas. CONTROL ZONE AND TRANSITION Birmingham, Mich, (latitude 42°32'40" The following controlled airspace is N., longitude 83°10'25" W .) and within AREA presently designated in the Jefferson 2 miles each side of the 129° and 309° Proposed Alteration bearings from the Madison Heights, City and Columbia terminal areas: Mich., RBN, extending from the 5-mile 1. The Columbia, Mo., control zone is The Federal Aviation Agency is con presently designated as that airspace radius area to 8 miles SE of the RBN. sidering amendments to Part 71 of the within a 5-mile radius of the Columbia Federal Aviation Regulations which The proposed alteration of the Detroit City control zone to establish a control Municipal Airport (latitude 38°58'25" N., would alter the controlled airspace in longitude 92°21'50" W . ) ; and within 2 the Detroit City, Mich., terminal area in zone extension within 2 miles each side of the Windsor VOR 320° radial will pro miles each side of the Columbia VOR order to establish a public-use instru 003° radial, extending from the 5-mile ment approach procedure for Berz Air vide protection for aircraft executing VOR No. 2 instrument approach pro radius zone to 8 miles N of the VOR. port, Birmingham, Mich., and to pro 2. The Columbia, Mo., transition area vide necessary additional controlled air cedure for Detroit City Airport. The proposed alteration of the Detroit is presently designated as that airspace space for an existing instrument ap extending upward from 700 feet above proach into the Detroit City Airport. City transition area will provide protec tion for aircraft executing prescribed ar the surface, bounded on the N by latitude The following controlled airspace is 39°09'00" N., on the W by longitude presently designated in the Detroit City rival and departure procedures at Berz Airport and the holding procedure at 92°31'00" W., on the S by latitude 38°- terminal area: 53'30" N.j on the E by longitude 92°- 1. The Detroit City, Mich., control zone Madison Heights RBN for operations into Detroit City Airport. 14'00" W .; within 2 miles each side of is designated within a 5-mile radius of the Columbia VOR 176° radial, extend the Detroit City Airport (latitude 42°24'- Specific details of the proposed in strument approach procedures for Berz ing from the VOR to 13 miles S of the 35" N., longitude 83°00'35" W .), within VOR; and that airspace extending up 2 miles each side of the 143° bearing Airport may be examined by contacting the Chief, Airspace Branch, Air Traffic ward from 1,200 feet above the surface from the Madison Heights, Mich., RBN, bounded by a line beginning at latitude extending from the 5-mile radius zone Division, Central Region, Federal Avia tion Agency, 4825 Troost Avenue, Kansas 38°39'00" N., longitude 92°31'00" W., to 6 miles N W of the approach end of thence N along longitude 92°31'00" W., the Detroit City Airport Runway 15 and City, Mo., 64110. Interested persons may submit such to latitude 38°53'30" N., thence E along within 2 miles each side of the Windsor, latitude 38°53'30" N., to longitude 92°- Ontario, Canada, R.R. N W course, ex written data, views or arguments as they may desirev Communications should be 14'00" W., thence S along longitude tending from the 5-mile radius zone to 92°14'00" W., to latitude 38°43'30" N., the United States/Canadian border, and submitted in triplicate to the Director, Central Region, Attn: Chief, Air Traffic longitude 92°14'00" W., thence SE to within 2 miles each side of the Windsor, latitude 38°32'40" N., longitude 91°55'35 Ontario, Canada, VOR 320° radial ex Division, Federal Aviation Agency, 4825 Troost Avenue, Kansas City, Mo., 64110. W., thence SW to latitude 38°23'35" N-, tending from the 5-mile radius zone to longitude 92°03'40" W., thence NW to the United States/Canadian border. All communications received within forty-five days after publication of this the point of beginning. 2. The Detroit City, Mich., transition 3. The Jefferson City, Mo., transition area is designated as that airspace ex notice in the F ederal R egister will be considered before action is taken on the area is presently designated as that air tending upward from 700 feet above the space extending upward from 700 feet surface within 2 miles each side of the proposed amendment. No public hear ing is contemplated at this time, but above the surface, within a 6-mile radius 143° and 323° bearings from the Madison arrangements for informal conferences of the Jefferson City Memorial Airport Heights, Mich., RBN, extending from 6 with Federal Aviation Agency officials (latitude 38°35'30" N., longitude 92°09 - miles N W of the approach end of the may be made by contacting the Regional 30" W .), and within 2 miles each side Detroit City Airport Runway 15 to 8 miles Air Traffic Division Chief. Any data, of the 307° bearing from Jefferson City N W of the RBN, and within 2 miles each views, or arguments presented during Memorial Airport, extending from the 6- side of the Windsor, Ontario, Canada, such conferences must also be submitted mile radius area to 8 miles N W of the VOR 320° radial, extending from 4 miles in writing in accordance with this notice airport. Saturday, February 27, 1965 FEDERAL REGISTER 2609 The Federal Aviation Agency, having prior to any change by a Notice to Air miles NE; within 2 miles each side of the completed a comprehensive review of the men and continuously published in the Fort Riley VOR 222° radial extending airspace structural requirements in the Airman’s Information Manual. The from the VOR to 8 miles SW ; and that Jefferson City, Mo., and Columbia, Mo., proposed control zone will become effec airspace extending upward from 1,200 terminal areas, proposes to take the tive concurrently with the commission feet above the surface within a 23-mile following airspace actions: ing of the VOR on the Jefferson City radius of the Marshall AAF (latitude (1) Designate the Jefferson City, Mo., Memorial Airport. 39°03'15" N., longitude 96°45'50" W .). control zone to comprise that airspace The proposed control zone will provide The portion of this transition area within within a 5-mile radius of Jefferson City protection for aircraft executing ap R-3602 shall be used only after obtain Memorial Airport (latitude 38°35'33" N., proach, missed approach, and departure ing prior approval from appropriate longitude 92°09'39" W .), within 2 miles procedures. The proposed alterations to authority. each side of the Jefferson City VOR 308° the Columbia and Jefferson City transi The Federal Aviation Agency, having radial, extending from the 5-mile radius tion areas will provide protection for air completed a comprehensive review of the zone to 8 miles N W of tlie V O R .an d craft transitioning from enroute alti terminal airspace structural require within 2 miles each side of the Jefferson tudes and for aircraft in prescribed ments in the Manhattan, Kans., termi City VOR 119° radial, extending from the holding patterns. nal area, proposes the following airspace 5-mile radius zone to 8 miles SE of the Interested persons may submit such actions: VOR. This control zone shall be effec written data, views or arguments as they 1. Designate the Manhattan, Kans., tive during the times established by a may desire. Communications should be control zone as that airspace within a Notice to Airmen and continuously pub submitted in triplicate^ to the Director, 5-mile radius of the Manhattan, Kans., lished in the Airman’s Information Central Region, Attn: Chief, Air Traffic Municipal Airport (latitude 39° 08'35" Manual. Division, Federal Aviation Agency, 4825 N., longitude 96°40'05" W .), and within (2) Designate the Jefferson City, Mo., Troost Avenue, Kansas City, Mo., 64110. 2 miles each side of the Manhattan VOR transition area as that airspace extend All communications received within 45 046° radial, extending from the 5-mile ing upward from 700 feet above the sur days after publication of this notice in radius zone to 8 miles NE of the VOR, face within an 8-mile radius of the Jef the F ederal R egister will be considered and within 2 miles each side of the Man ferson City Memorial Airport (latitude before action is taken on the proposed hattan VOR 147° radial, extending from 38°35'33" N., longitude 92°09'39" W .), amendment. No public hearing is con the 5-mile radius zone to 11 miles SE of within 2 miles each side of the Jefferson templated at this time, but arrangements the VOR, and within 2 miles NE and 3 City VOR 308° radial, extending from the for informal conferences with Federal miles SW of the 127° bearing from the 8-mile radius area to 8 miles N W of the Aviation Agency officials may be made by Manhattan RBN, extending from the 5- VOR; and within 2 miles each side of the contacting the Regional Air Traffic Di mile radius zone to 10 miles SE of the Jefferson City VOR 119° radial, extend vision Chief. Any data, views or argu RBN, excluding the Fort Riley, Kans., ing from the 8-mile radius area to 8 ments presented during such conferences control zone and the portion within R - miles SE of the VOTI. must also be submitted in writing in ac 3602. The control zone shall be effective (3) Designate the Columbia, Mo., cordance with this notice in order to be during the times established by a Notice transition area as that airspace extend come part of the record for considera to Airmen and published continuously in ing upward from 700 feet above the sur tion. The proposal contained in this the Airman’s Information Manual. face bounded on the N by latitude 39 °- notice may be changed in the light of 2. Redesignate the Manhattan, Kans., 09'00" N., on the W by longitude 92°3T- comments received. transition area as that airspace extend 00" W., on the S by latitude 38°53'30" N., The public docket will be available for ing upward from 700 feet above the sur on the E by longitude 92°14'00" W., and examination by interested persons in the face within a 7-mile radius of the Man within 2 miles each side of the Columbia office of the Regional Counsel, Federal hattan Airport (latitude 39°08'35" N., VOR 176° radial, extending from the Aviation Agency, 4825 Troost Avenue, longitude 96° 40'05" W .), within 2 miles VOR to 13 miles S of the VOR; and that Kansas City, Mo., 64110. each side of the Manhattan VOR 046° airspace extending upward from 1200 feet This amendment is proposed under radial, extending from the 7-mile radius above the surface bounded by a line be the authority of section 307(a) of the area to 8 miles NE of the VOR; within ginning at latitude 38°38'40" N., longi Federal Aviation Act of 1958 (49 U.S.C. 2 miles NE and 3 miles S W of the 127° tude 92°31'00" W., thence N along longi 1348). bearing from the Manhattan RBN, ex tending from the RBN to 10 miles SE; tude 92°31'00" W. to latitude 38°53'30" Issued at Kansas City, Mo., on Febru within 6 miles S and 9 miles N of the Fort N., thence E along latitude 38°53'30" N., ary 17, 1965. Riley VOR 059° radial extending from to longitude 92°14'00" W., thence S E dw ard C. M arsh , the VOR to 21 miles NE; within 2 miles along longitude 92°14’00" W., to latitude Director, Central Region. 38°43'30" N., thence SE to latitude 38°- each side of the Fort Riley VOR 222° [F R . Doc. 65-2031; Filed, Feb. 26, 1965; radial extending from the VOR to 8 miles 34 40" N., longitude 91°55'00" W., SW 8:45 a.m.] to latitude 38°24'20" N., longitude 92°- S W ; and that airspace extending upward 21,50" W., thence N W to latitude 38°- from 1,200 feet above the surface with 29 20" N., longitude 92°14'00" W., [ 14 CFR Part 71 1 in a 23-mile radius of the Marshall AAF thence NW to the point of beginnings (latitude 39°03'15" N., longitude 96°45'- [Airspace Docket No. 65-CE-16] A Federal Aviation Agency VOR fa 50" W .). The portion of this transition area within R-3602 shall be used only af ti! t k E^anned for commissioning on CONTROL ZONE AND TRANSITION \ e Jefferson City Memorial Airport dur AREA ter obtaining prior approval from ap ing May of 1965. Public-use VOR in propriate authority. strument approach procédures will be Proposed Designation and Alteration A new VOR facility is planned to be commissioned at Manhattan, Kans., in available utilizing this new VOR upon The Federal Aviation Agency is con- its commissioning. All requirements for August of 1965. When the VOR is com . sidering amendments to Part 71 of the missioned, three new instrument ap tne establishing of a control zone at' Jef- Federal Aviation Regulations which pro ierson City will then be met. Communi- proach procedures will be made effective. pose to alter controlled airspace in the The proposed control zone and altera be handled by the Columbia, Manhattan, Kans., terminal area: Mo-» Flight Service Station. This con tion to the transition area are required The following controlled airspace is to provide adequate controlled airspace timi Zorle be effective during the presently designated in the Manhattan, nours of operation of the weather re- to protect aircraft executing the new Kans., terminal area: instrument approach procedures. A rprttRS to be provided by duly The Manhattan, Kans., transition area planned extension of the Salina, Kans., T^t-,^ated Personnel of Ozark Airlines. is designated as that airspace extending Flight Service Station transmission ca i ™ . y- weather observations and the upward from 700 feet above the surface Wjii ennnation of weather information within a 7-mile radius of the Man pability will enable it to transmit on the 2300 hours, local new Manhattan VOR frequency and thus time, daily. ______^ hattan Airport (latitude 39°08'35" N., In the event of an airline longitude 96°40'05" W .), within 6 miles satisfy the communications require ebange, these hours may vary. S and 9 miles N of the Fort Riley VOR ment for the establishment of a control Normally, 30 days notice will be given 059° radial extending from the VOR to 21 zone. 2610 PROPOSED RULE MAKING The hours of operation of the control The Federal Aviation Agency, having Interested persons may submit such zone will be determined by the avail completed a comprehensive review of the written data, views, or arguments as they ability of weather reporting services, terminal airspace structural require may desire. Communications should be which may change from time to time. ments in the Bartlesville, Okla., terminal submitted in triplicate to the Director, The hours of operation of the control area, has determined that the Phillips Central Region, Attn: Chief, Air Traffic zone will be established by a Notice to Airport meets the criteria for the estab Division, Federal Aviation Agency, 4825 Airmen and published continually in the lishment of a control zone. As a result, Troost Avenue, Kansas City, Mo., 64110. Airman’s Information Manual. It is the following airspace actions are pro All communications received within 45 initially planned to designate the control posed: days after publication of this notice in zone from 0500 to 0100 hours, local time 1. Designate the Bartlesville, Okla., the F ederal R egister will be considered daily. control zone as that airspace within a before action is taken on the proposed Specific details of the changes to pro 5-mile radius of the Phillips Airport amendment. No public hearing is con cedures that would be required may be (latitude 36°45'45" N., longitude 96°00'- templated at this time, but arrangements examined by contacting the Chief, Air 30" W .), and within 2 miles each side for informal conferences with Federal space Branch, Air Traffic Division, Cen of the Bartlesville VOR 355° radial, ex Aviation Agency officials may be made tral Region, Federal Aviation Agency, tending from the 5-mile radius zone to by contacting the Regional Air Traffic 4825 Troost Avenue, Kansas City, Mo., 8 miles N of the VOR. This control zone Division Chief. Any data, views, or 64110. shall be effective during the times estab arguments presented during such con Interested persons may submit such lished by a Notice to Airmen and con ferences must also be submitted in writ written data, views, or arguments as they tinuously published in the Airman’s In ing in accordance with this notice in may desire. Communications should be formation Manual. order to become part of the record for submitted in triplicate to the Director, 2. Designate the Bartlesville, Okla., consideration. The proposal contained Central Region, Attn: Chief, Air Traffic transition area as that airspace extend in this notiee may be changed in the light Division, Federal Aviation Agency, 4825 ing upward from 700 feet above the sur of comments received. Troost Avenue, Kansas City, Mo., 64110. face within an 8-mile radius of the Phil The public docket will be available for All communications received within 45 lips Airport (latitude 36°45'45" N., lon examination by interested persons in the days after publication of this notice in gitude 96°00'30" W . ); and within 2 miles office of the Regional Counsel, Federal the F ederal R egister will be considered each side of the Bartlesville VOR 355° Aviation Agency, 4825 Troost Avenue, before action is taken on the proposed radial, extending from the 8-mile radius Kansas City, Mo., 64110. amendment. No public hearing is con area to 8 miles N of the VOR; and, that This amendment is proposed under templated at this time, but arrangements airspace extending upward from 1,200 the authority of section 307(a) of the for informal conferences with Federal feet above the surface within 5 miles E Federal Aviation Act of 1958 (49 U.S.C. Aviation Agency officials may be made and 8 miles W of the Bartlesville VOR 1348). by contacting the Regional Air Traffic 355° radial extending from the VOR to Issued at Kansas City, Mo., on Feb Division Chief. Any data, views, or argu 13 miles N of the VOR. ruary 15, 1965. ments presented during such conferences 3. Revoke the Bartlesville, Okla., con H e n r y L. N e w m a n , must also be submitted in writing in ac trol area extension. Acting Director, Central Region. cordance with this notice in order to be The proposed 5-mile radius control come part of the record for consideration. zone will provide protection for aircraft [F.R. Doc. 65-2033; Filed, Feb. 26, 1965; 8:45 a.m.] The proposal contained in this notice executing departure and missed ap may be changed in the light of comments proach procedures until reaching an al received. titude of 700 feet above the surface. [ 14 CFR Part 71 ] The public Docket will be available for The extension to the north of the VOR examination by interested persons in the will provide protection for the final ap [Airspace Docket No. 64-CE-47] office of the Regional Counsel, Federal proach phase of the AL-867-VOR-1 CONTROL ZONE AND TRANSITION procedures. The proposed transition Aviation Agency, 4825 Troost Avenue, AREA Kansas City, Mo., 64110. area with a floor of 700 feet above the This amendment is proposed under the surface will complement the control zone Withdrawal of Proposed Designation authority of section 307(a) of the Federal and provide sufficient controlled air Aviation Act of 1958 (49 U.S.C. 1348). space for departures to reach 1,200 feet In a notice of proposed rule making above the surface. The extension to the published in the F ederal R egister on Issuëd at Kansas City, Mo., on Febru north is necessary during periods when September 23, 1964 (29 F.R. 13207), it ary 17, 1965. the control zone is not in effect. The was stated that the Federal Aviation E dw ard C. M ar sh , 1,200-feet-above-the-surface transition Agency proposed to designate a control Director, Central Region. area provides controlled airspace for air zone and a transition area at Dillon, [F.R. Doc. 65-2032; Filed, Feb. 26, 1965; craft holding and transitioning for the Mont. Subsequent to publication of the 8:45 a.m.] AL-867-VORr-l procedure when operat notice, it has been determined by the ing at or above 1,500 feet above the sur Federal Aviation Agency that the pre scribed instrument approach procedures, [1 4 CFR Part 71 1 face. The proposed control zone will be in which this proposed, controlled airspace [Airspace Docket No. 65-CE-17] effect during the hours of operation of was designed to protect, have not been the weather reporting service to be pro utilized and there is little likelihood of CONTROL ZONE, TRANSITION AREA, vided by duly certificated personnel of their utilization in the future. There AND CONTROL AREA EXTENSION Bartlesville Radio and Central Airlines. fore, the designation of the proposed con The normal hours for the taking of these trolled airspace does not appear war Proposed Designation and Revocation weather observations will be from 0600 ranted. Accordingly, the notice is being to 2000 hours, local time, Sunday through withdrawn. The Federal Aviation Agency is con Friday, except holidays, and 0600 to 1800 In consideration of the foregoing, no sidering amendments to Part 71 of the hours, local time, Saturdays and holi tice is hereby given that the proposal Federal Aviation Regulations which days. In the event of airline schedule contained in Airspace Docket No. 64-CE- would alter the controlled airspace in changes, these hours may be varied. 47 is withdrawn. the Bartlesville, Okla., terminal area. (Sec. 307(a) of the Federal Aviation Act of The following controlled airspace is Normally, 30 days notice will be given 1958 (49 U.S.C. 1348)) presently designated in the Bartlesville, prior to any change by a Notice to Air Okla., terminal area: men and published in the Airman’s In Issued at Kansas City, Mo., on Feb The Bartlesville, Okla., control area formation Manual. ruary 17, 1965. extension is designated as that airspace The floors of the airways that would E dw ard C. M arsh, within a 20-mile radius of the Phillips traverse the transition area proposed Director, Central Region. Airport, Bartlesville, Okla. (latitude herein would automatically coincide with [F.R. Doc. 65-2034; Filed, Feb, 26, 1965> 36°45'46" N., longitude 96°00'30" W .) the floors of the transition area. 8:45 am .] Saturday, February 27, 1965 FEDERAL REGISTER 2611 [ 14 CFR Part 71 I 5-mile radius zone to thè McCoy LOM; proach and departure procedures at O r and within 2 miles each side of the Mc lando Municipal Airport, McCoy AFB, [Airspace Docket No. 63-SO-74] Coy TACAN 184° radial extending from and NAS Sanford. McCoy AFB would be CONTROL ZONES, TRANSITION the 5-mile radius zone to 7 miles S of the provided a control zone separate from AREAS, AND CONTROL AREA EX TACAN; excluding that portion which Orlando so that operations within each coincides with the Orlando, Fla. (Hern zone can be conducted in accordance TENSION don Municipal Airport) control zone. with weather conditions existing within Proposed Alteration, Designation, 3. The Sanford, Fla., control zone the respective zones. The proposed San and Revocation would be redesignated within a 5-mile ford transition area is required for the radius of NAS Sanford (latitude 28°- protection of instrument departures un The Federal Aviation Agency is con 46'30" N., longitude 81°14'20" W .) ; til they reach 1,200 feet above the surface sidering amendments to Part 71 of the within 2 miles each side of the NAS Sap- and instrument arrivals descending be Federal Aviation Regulation^ which ford TACAN 085° radial extending from low 1,500 feet above the surface. The would alter the Sanford and Orlando, the 5-mile radius zone to 7 miles E of the proposed Orlando transition area is re Fla., control zones, designate a McCoy TACAN; within 2 miles each side of the quired for the protection of prescribed AFB control zone separate from the Or 271° bearing from the NAS Sanford RBN instrument approach and departure pro lando zone, designate transition areas at (LF and UHF) extending from the 5- cedures at Orlando Municipal Airport, both Orlando and Sanford, and revoke mile radius zone to 12 miles W of the NAS Sanford, and McCoy AFB, for radar the Sanford, Fla., control area extension. RBN; and within 2 miles each side of vectoring within the area, prescribed The Orlando, Fla., control zone is pres the extended centerline of runway 36 ex holding patterns and standard instru ently designated within a 5-mile radius tending from the 5-mile radius zone to ment departure routes emanating from of Orlando Municipal Airport (latitude 4.5 miles south of runway 36. McCoy AFB and NAS Sanford. 28°32'40" N., longitude 81°19'55" W .) ; 4. An Orlando, Fla., transition area The Orlando control area extension within a 5-mile radius of McCoy ÂFB, would be designated as that airspace ex would remain as presently designated. It Orlando, Fla. (latitude 28°25'55" N., tending upward from 700 feet above the would be revoked, however, when ad longitude 81°19'15" W .), and within 2 surface within a 6-mile radius of O r jacent transition areas are designated to miles either side of a 001° bearing from lando (Herndon) Municipal Airport, provide sufficient protected airspace. the McCoy AFB extending from the 5- Orlando, Fla. (latitude 28°32'40" N., The floors of airways traversing the mile radius zone to 10 miles S of the AFB. longitude 81°19'55" W .) ; within a 7-mile proposed transition areas would auto The Sanford, Fla., control zone is pres radius of McCoy AFB, Orlando, Fla. (lati matically coincide with the floors of the ently designated within a 5-mile radius tude 28°25'55" N., longitude 81°19'15" transition areas. of NAS Sanford (latitude 28°46'25" N., W .) ; within 5 miles E and 8 miles W of Certain minor revisions to instrument longitude 81°14'20" W .) and within 2 thè McCoy ILS localizer S course extend approach procedures and to minimum miles either side of a 270° bearing from ing from McCoy AFB to 12 miles S of the instrument flight rules altitudes would NAS Sanford RBN extending from LOM; that airspace extending upward be effected in conjunction with the ac the 5-mile radius zone to 12 miles W of from 1,200 feet above the surface en tions proposed herein, but operational the RBN. compassed by a line beginning on the complexities would not be increased nor The Sanford, Fla., control area exten NE boundary of V-159 at latitude 29 °- would aircraft performance characteris sion is presently^ designated as that air 00'00" N„ extending E along latitude tics or present landing minimums be space bounded on the N by latitude 29 °- 29°00'00" N., to the W boundary of V - adversely affected. OO'OO" N., on the E by longitude 81°- 267, thence S along the W boundary of Specific details of these changes may 15'00" W., on the S by latitude 38°30'00" V-267 to latitude 28°58'00" N., thence be examined by contacting the Chief, N., on the W by longitude 82°00'00" W. E along latitude 28°58'00" N., to the Airspace Utilization Branch, Air Traf Having completed a comprehensive re limits of the territorial waters of the fic Division, Southern Region, Federal view of the terminal airspace structure United States, thence SE along the limits Aviation Agency, Post Office Box 20636, requirements in the Orlando and San of the territorial waters of the United Atlanta, Ga., 30320. ford, Fla., terminal areas, including States to a 25-mile radius arc centered Interested persons may submit such studies attendant to the implementation at Patrick AFB, Cocoa, Fla. (latitude written data, views, or arguments as of the provisions of CAR Amendments 28°14'15" N., longitude 80°36'35" W .), they may desire. Communications 60-21/60-29 (26 F.R. 570, 27 F.R. 4012), thence counterclockwise along this arc should be submitted in duplicate to the the Federal Aviation Agency proposes the to a 35-mile radius arc centered on Or Director, Southern Region, Attn: Chief, airspace actions hereinafter set forth. lando (Herndon) Municipal Airport, Air Traffic Division, Federal Aviation 1. The Orlando, Fla., control zone thence clockwise along this 35-mile ra Agency, Post Office Box 20636, Atlanta, wmild be redesignated within a 5-mile dius arc to the NE boundary of V-159 Ga., 30320. All communications received radius of Orlando (Herndon) Municipal and N W along the NE boundary of V-159 within 30 days after publication of this Airport (latitude 28°32'40" N., longitude to the point of beginning; including the notice in the F ederal R eg ister will be ™ ^5" W .), excluding that portion S area S of Orlando bounded on the E by considered before action is taken on the of a line connecting the two points of in the W boundary of V-267/295, on the S proposed amendment. No hearing is tersection with a 5-mile radius circle by latitude 27°45'00" N., on the W by contemplated at this time, but arrange ^ntered on McCoy AFB (latitude 28°- the NE boundary of V-157, and a 42-mile ments for informal conferences with •tv5'' N.. longitude 81°19'15" W .) ; radius arc centered on MacDill AFB, Federal Aviation Agency officials may J ™ * 2 miles each side of thé Orlando Tampa, Fla. (latitude 27°51'00" N., lon be made by contacting the Chief, Air vo r 122° radial extending from the 5- gitude 82°30'41" W .), on the N W by the mue radius zone to 7 miles SE of the Traffic Division. Any data, views, or SE boundary of V-152S; and including arguments presented during such con o .r4, w*thin 2 miles each side of the that airspace W of Orlando bounded on ferences must also be. submitted in writ uriando ILS localizer W course extending the S by the N boundary of VT152N, on ing in accordance with this notice in the 5-mile radius zone to the Or- the W by the E boundary of V-157 and ;r™ ° ?OM; within 2 miles each side of on the N by the S boundary of V-295. order to become part of the record for f r L ° i and0 VOR 317° radial extending 5. A Sanford, Fla., transition area consideration. The proposal contained msT Jr,e 5_miie radius zone to 7 miles would be designated as that airspace ex in this notice may be changed in the light «îiriû ÎÎF ^ R ; arid within 2 miles each tending upward from 700 feet above the of comments received. . °t the Orlando ILS localizer E course surface within a 7-mile radius of NAS The official docket will be available for 7 f the 5-mile radius zone to Sanford, Fla. (latitude 28°46'30" N., lon examination by interested persons at the 0 * *S the localizer antenna, gitude 81°14'20" W .). Southern Regional Office, Federal Avia ho •Mc0oy control zone would within a 5-mile radius of 6. The Sanford, Fla., control area ex tion Agency, Room 724, 3400 Whipple Î J S S ARB> Orlando, Fla. (latitude 28°- tension would be revoked. Street, East Point, Ga. withL _N- a longitude 81°19'15" W .) ; The proposed control zone alterations This amendment is proposed under ILsi^„2vmil?.s each side of the McCoy and designations are required for the section 307(a) of the Federal Aviation calizer S course extending from the protection of prescribed instrument ap Act of 1958 (49 U.S.G. 1348(a)>. 2612 PROPOSED RULE MAKING Issued in East Point, Ga., on February may desire. Communications should be A public instrument approach proce 18, 1965. submitted in triplicate to the Director, dure will be established at Baudette, P a u l H . B o a t m a n , Central Region, Attn; Chief, Air Trafic Minn., concurrently with the designa Acting Director, Southern Region. Division, Federal Aviation Agency, 4825 tion of the proposed transition area. [F.R. Doc. 65-2035; Filed, Feb. 26, 1965; Troost Avenue, Kansas City, Mo., 64110. The proposed 700-foot floor transition 8:45 a.m.] All communications received within 45 area will provide protection for aircraft days after publication of this notice in executing the proposed, prescribed in the F ederal R eg ister will be considered strument approach procedure during , [ 14 CPR Part 71 1 before action is taken on the proposed their descent from 1,500 to 1,000 feet above the surface and for departing air [Airspace Docket No. 65-CE-8] amendment. No public hearing is con templated at this time, but arrangements craft during their climb from 700 to TRANSITION AREA for informal conferences with Federal 1,200 feet above the surface. The pro Aviation Agency officials may be made posed 1,200-foot floor transition area will Proposed Alteration by contacting the Regional Air Traffic provide protection for aircraft while The Federal Aviation Agency is con Division Chief. Any data, views, or argu they are in the procedure turn area of sidering amendments to Part 71 of the ments presented during such conferences the proposed, prescribed instrument ap Federal Aviation Regulations which must also be submitted in writing in ac proach procedure and while in the hold would alter the controlled airspace in the cordance with this notice in order to ing pattern at Baudette, Minn. Com Malden, Mo., terminal area. become part of the record for considera munications will be available through The following controlled airspace is tion. The proposal contained in this the Federal Aviation Agency Flight Serv presently designated in the Malden, Mo., notice may be changed in the light of ice Station at Hibbing, Minn. Coordina terminal area; comments received. tion with the Canadian Department of The Malden, Mo., transition area is The public docket will be available for Transport is being conducted regarding designated as that airspace extending examination by interested persons in the the designation of control area within upward from 700 feet above the surface office of the Regional Counsel, Federal Canada comparable to the actions pro within 5 miles either side of the Malden Aviation Agency, 4825 Troost Avenue, posed herein. VOR 300° radial, extending from the Kansas City, Mo., 64110. A low-altitude airway is being pro VOR to 11 miles N W ; within 8 miles NE This amendment is proposed under posed in a separate airspace action for and 5 miles SW of the Malden VOR the authority of section 307(a) of the the route between Baudette and Bemidji, 120° radial, extending from the VOR to Federal Aviation Act of 1958 (49 U.S.C. Minn. The floor of this airway will au 17 miles SE, and within 10 miles W and 1348). tomatically coincide with the floors of the transition area. 7 miles E of the Malden VOR 167° and Issued at Kansas City, Mo., on Febru 347° radials, extending from 9 miles S Specific details of procedures and ary 17,1965. minimum instrument flight rule altitudes to 20 miles N of the VOR. E dw ard C. M a r s h , that would be required may be examined The Federal Aviation Agency, having Director, Central Region. completed a comprehensive review of the by contacting the Chief, Airspace (F.R. Doc. 65-2036; Filed, Feb. 26, 1965; Branch Air Traffic Division, Central Re terminal airspace structural require 8:45 a.m.] ments in the Malden, Mo., terminal area, gion, Federal Aviation Agency, 4825 including studies attendant to the imple Troost Avenue, Kansas City, Mo., 64110. mentation of the provisions of the Civil Interested persons may submit such written data, views, or arguments as they Air Regulations Amendments 60-21/60- [ 14 CFR Part 71 1 may desire. Communications should be 29, proposes the following airspace [Airspace Docket No. 65—CE-10] submitted in triplicate to the Director, actions: Central Region, Attn: Chief, Air Traffic Redesignate the Malden, Mo., transi TRANSITION AREA Division, Federal Aviation Agency, 4825 tion area as that airspace extending up Troost Avenue, Kansas City, Mo., 64110. ward from 700 feet above the surface Proposed Designation All communications received within 45 within a 6-mile radius of the Malden The Federal Aviation Agency is consid days after publication of _this notice in Municipal Airport (latitude 36°36'30" ering an amendment to Part 71 of the the F ederal R eg ister will be considered N., longitude 89°59'00" W .), and within Federal AViation Regulations to desig before action is taken on the proposed 2 miles each side of the Malden VOR 120° nate controlled airspace at Baudette, amendment. No public hearing is con radial, extending from the 6-mile radius Minnesota. templated at this time, but arrangements to 8 miles SE of the VOR; and that air Having completed a comprehensive re for informal conferences with Federal space extending upward from 1,200, feet view of^ airspace requirements at Bau- Aviation Agency officials may be made by above the surface within 5 miles SW and dette, Minn., including studies attendant contacting the Regional Air Traffic Di 8 miles NE of the Malden VOR 120° ra to the implementation of the provisions vision Chief. Any data, views, or argu dial, extending from 2 miles N W to 12 of Amendments 60-21 and 60-29 of Part ments presented during such conferences miles SE of the VOR. 60 of the Civil Air Regulations, the Fed must also be submitted in writing in ac The proposed alteration of the Malden eral Aviation Agency proposes to estab cordance with this notice in order to be transition area extending upward from lish a transition area at Baudette, Minn. come part of the record for considera 700 feet above the surface will provide The proposed Baudette transition area tion. The proposal contained in this protection for aircraft executing de would be designated to comprise that air notice may be changed in the light of parture and missed approach procedures. space extending upward from 700 feet comments received. The extension to the SE of the VOR will above the surface within a 5-mile radius The public docket will be available for provide protection for aircraft executing of Baudette International Airport, Bau- examination by interested persons in the 'the final approach phase of the AL-878- dette, Minn, (latitude 48°43'25" N., lon office of the Regional Counsel, Federal VOR-1 instrument approach. The por gitude 94°36'24" W .) and within 2 miles Aviation Agency, 4825 Troost Avenue, tion of the transition area with a floor each side of the 1110 bearing from Bau- Kansas City, Mo., 64110. of 1,200 feet above the surface will pro dette International Airport extending This amendment is proposed under the vide protection for aircraft in prescribed from the 5-mile radius area to 8 miles authority of section 307(a) of the Fed holding patterns and for aircraft tran E of the airport; and that airspace ex eral Aviation Act of 1958 (49 U.S.C. sitioning to the final approach for the tending upward from 1,200 feet above 1348). AL-878-VOR-1 procedure. The floors of the airways that would the surface within 5 miles S and 8 miles Issued at Kansas City, Mo., on Febru traverse the transition areas proposed N of the 111° and 291° bearings from ary 17, 1965. herein would automatically coincide with Baudette International Airport extend E dw ard C. M arsh, the floors of the transition area. ing from 7 miles W to 13 miles E of the Director, Central Region- Interested persons may submit such airport, excluding the portion outside of ru n n«/» RK-onav* FMerf Feb. 26, 1965, written data, views, or arguments as they the United States. S aturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2613 to SBA between that portion maturing losses has been reversed against current SMALL BUSINESS ADMINISTRA within one year and that portion matur expenses. ing after one year has been eliminated, 10. An additional schedule of portfolio TION with all such obligations being shown as securities (Schedule No. 8) has been pro long-term liabilities. vided for reflecting the description, pre [ 13 CFR Part 107 I 5. In the Statement of Financial Con vious balances, additions, deductions, SMALL BUSINESS INVESTMENT dition the section providing for showing and current balances of warrants, op COMPANIES the long-term debt now presents a more tions, and other stock rights acquired detailed breakdown than previously in from small business concerns for which Examinations and Reports order to show separately loans directly a separate cost has been determined. from SBA; loans from other than SBA, Grant and expiration dates, exercise Notice is hereby given that pursuant to guaranteed by SBA; and guaranteed prices, allowance for losses, and market, authority contained in section 308 of the loans purchased by SBA; as well as sub or fair values as determined by the board Small Business Investment Act of 1958, ordinated debentures issued to SBA. of directors are also to be shown. Public Law 85-699, 72 Stat. 694, as 6. In the Statement of Statutory Cap 11. Schedules 3, 4, 7, and 8 showing amended, it is proposed to amend, as set ital and Surplus the distinction between details of portfolio securities have been forth below, §§ 107.801 and 107.802 of minimum capital and surplus and total amended to eliminate the necessity for Part 107 of Subchapter B, Chapter I of capital and surplus has been eliminated repeating in every report information as Title 13 of the Code of Federal Regula to conform to amended § 107.301 of the to date, maturity date, original princi tions, as revised in 29 F.R. 16946-16961, regulations. pal amount, amortization plan, and ac and amended in 30 F.R. 534 and 30 F.R. 7. The Statement of Realized Gain or companying stock rights relating to any 1187. Prior to the final adoption of such Loss on Investments has been amended financing instrument. Such data are amendment, consideration will be given to any comments or suggestions per to show “aggregate cost less allowance to be shown only with reference to new or additional financing, or existing fi taining thereto which are submitted in for losses” rather than merely “aggre nancing for which the terms have been writing, in triplicate, to’the Investment gate cost” of securities sold or disposed amended. Division, Small Business Administration, of otherwise. This is to conform with the Washington, D.C., 20416, within a period change in accounting for allowances for 12. Schedule 9 for Participations Sold to Other Lenders or Investors has been of 10 days of the date of this notice in losses on debt securities and on capital modified to include provision for show the F ederal R egister. stock as hereinafter explained. ing participations in warrants, options, Information. The amendments under 8. The Statement of Income and Ex consideration embody (1) the addition pense as amended, provides for netting and other stock rights of small business concerns. of a new paragraph ( f ) to § 107.801 per the income and expense in relation to taining to Examinations, to call atten assets acquired in liquidation of loans 13. Schedule 10 for Cash on Hand and tion to the Audit and Examination Guide and debt securities, in order to avoid Funds on Deposit now provides a section to show amounts deposited in savings for Small Business Investment Com distortion of either the total income or panies, (2) corrections of and additions the total expense figure in published institutions to conform to amended § 107.710 of the regulations. to certain paragraphs of § 107.802 per summaries of SBIC financial data for all taining to Reports, to effect minor tech Licensees because of unusual situations 14. The arrangement of the Financial nical changes and conform such para obtaining with respect to a few Licensees. Report, SBA Form 468, has been changed so that Part I now embraces the State graphs to the current administrative The amended Statement of Income and ment of Financial Condition, Statement titles and addresses, and (3) the sub Expense shows net operating income be of Statutory Capital and Surplus, State stitution of an amendment Financial fore provision for probable losses and ment of Realized Gain or Loss on In Report, SBA Form 468, and instructions income taxes; shows the separate cate Pertaining thereto in lieu of similar gories of the provision for probable vestments, Statement of Income and Ex pense, and Schedules 1 and 2; Part II items referred to in the present para losses; shows net operating income be graph (h) of § 107.802. fore provision for income taxes; and Includes Schedules 3 through 10; and shows the tax provision and net income Part i n includes Schedules 11 through The amended Financial Report, SBA 20. Fonn 468, and Instructions for Prepa or loss from operations. ration of the Financial Report (SBA 9. The Statement of Operating Ex The changes in the Instructions for Preparation of the Financial Report Form 468) will replace the Financial penses no longer reflects expenses for Report, SBA Form 468 (2-62) and In uncollectible receivables and estimated (SBA Form 468) principally involve the instructions with respect to the state structions for Preparation of the Finan losses on portfolio assets, inasmuch as ments and schedules which have been cial Report, SBA Form 468 (2-63). The these items now appear in the Statement added to the report or amended in such Principal changes in the Financial Re- of Income and Expense. Previously, any report. Of particular interest is the in i ’rS?A Form 468> are as follows: allowances for losses which had been l. The breakdown of portfolio securi struction relating to item 57 in the State established with respect to debt secu ment of Financial Condition wherein ties in the Statement of Financial Con rities or capital stock of small business ation between current and long-term there is to be shown the net asset value concerns held by the Licensees were to of each share of common stock. This P rtions thereof has been eliminated in be reversed against current expenses iavor of showing total outstanding instruction is very specific with regard when the debt securities or the capital to the. method of computing unrealized ances of such securities as long-term. stock in question was disposed of, and appreciation of portfolio securities. An An Rem has been provided in the any gains or losses on such disposition other feature of interest is the paragraph financial Condition for were to be credited or charged to gain or opening the instructions with respect to ^ warrants, options, and other loss accounts and reflected in the State Part II wherein it is explained that the „ rights acquired from small busi- ment of Realized Gain or Loss on Invest percentage of actual and potential own cu„„Qonc 1. Adding a new paragraph (f) to submitted to SBA covering the entire fis offices may be obtained from the office § 107.801. New paragraph (f) of cal year. With the exception of the of the Deputy Administrator for Invest § 107.801 will read as follows: annual report, the Financial Report shall ment, Small Business Administration, § 107.801 Examinations. be submitted in triplicate to the Invest 811 Vermont Avenue NW., Washington, ment Division, Small Business Adminis D.C., 20416. ***** tration, Washington, D.C., 20416, on or * * * * * (f) Audit and Examination Guide. before the last day of the month imme (i) Other reports. In addition to the Reference should be made to the Audit diately following the close of the period and Examination Guide for Small Busi reports required elsewhere in this sec covered by the report. Such annual re tion, each Licensee shall, upon request by ness Investment Companies, as amended, port shall be submitted in triplicate to SBA, submit to the Investment Divi filed with the Office of the Federal Reg the Investment Division, Small Business sion, Small Business Administration, 811 ister as part of the original document. Administration, Washington, D.C., 20416, Vermont Avenue NW., Washington, The Audit and Examination Guide for on or before the last day of the third D.C., 20416, such other reports at such Small Business Investment Companies, month following the close of the fiscal which is incorporated in and expressly times and in such forms as SBA shall year for SBA purposes to which such an require. made a part of this section, has been nual report relates. prepared by SBA to inform Licensees (2) When the Licensee has one or 3. Deleting the Financial Report, SBA and independent public accountants more branch offices, the data contained Form 468, and instructions for prepara engaged by them as to SBA’s require in the basic financial statements and all tion thereof referred to in § 107.802(h) ments concerning audits and examina supporting schedules shall comprise a and substituting in lieu thereof the fol tions of SBICs. Copies of such Audit consolidation of the figures for the prin lowing amended Financial Report, SBA and Examination Guide are made avail cipal office and all branches. All money Form 468, and Instructions for Prepara able to Licensees and their independent amounts required to be shown in the fi tion of the Financial Report (SBA Form public accountants through the Office of nancial statements and schedules may 468)1 which will henceforth be referred Chief Accountant, Small Business Ad be expressed in even dollars, at the op to in paragraph (h) of § 107.802. ministration, 811 Vermont Avenue, NW., tion of the Licensee. If the financial data By direction of Eugene P. Foley, Ad Washington, D.C., 20416, and at all Area are expressed in even dollars, appropri ministrator, Small Business Administra Offices of the Small Business Adminis ate adjustments of individual amounts tion. tration, the addresses of which offices shall be made for the fractional part of may be obtained from the office of the a dollar so that the items will add to the Dated: February 19,1965. Deputy Administrator for Investment, totals shown. The Financial Report pre Ross D . D a v is, Small Business Administration, 811 Ver pared by each Licensee shall present Executive Administrator, mont Avenue, NW., Washington, D.C., fairly the financial position of the Li Small Business Administration. 20416. censee as of the close of the period cov 2. Deleting paragraphs (b), (d), (f), ered by the report and the results of the [F.R. Doc. 65-2073; Filed, Feb. 26, 1965; ( g ) , and (i) of § 107.802 and substitut Licensee’s operations for such period, and 8:47 a.m.] ing in lieu thereof new paragraphs (b ) , shall be prepared in accordance with the (d ), (f), (g ), and (i). As amended detailed instructions accompanying SBA [ 13 CFR Part 121 1 paragraphs (b), (d ), (f), (g ), and (i) of Form 468. § 107.802 will read as follows: (3) Licensees required to file reports SMALL BUSINESS MANUFACTURER under the Investment Company Act of § 107.802 Reports. Proposed Definition * * * * * 1940 should refer to the rules and forms promulgated by the Securities and Ex Notice of proposal to amend the defi (b) Reports to stockholders. At the change Commission, 425 2d Street NW., nition of a small business manufacturer time any financial report (including any Washington, D.C., 20549, concerning the for the purpose of bidding on Govern prospectus, letter, or other publication applicability of this report in fulfilling ment procurements for products classi with respect to the financial affairs or the Commission’s requirements for fi fied in SIC Industry 2295, Artificial operations of the Licensee or any of nancial reports. leather, oilcloth, and other impregnated its portfolio small business concerns) is ♦ * * * * and coated fabrics, except rubberized. furnished to investors and shareholders (f) Designations. Whenever any as Notice is hereby given that the Ad of a Licensee, such Licensee shall submit ministrator of the Small Business Ad to the Investment Division, Small Busi sets are pledged as collateral or are ear ministration proposes to amend the ness Administration, Washington, D.C., marked for segregation under a negative pledge or similar agreement, the identity Small Business Size Standards Regula 20416, three (3) copies of such report. tion (Revision 5) by establishing a new * * * * * of the assets pledged or earmarked shall be indicated in the portfolio schedules definition for a small business manufac (d) Forms for financial reports. Thesupporting the statement of financial turer for the purpose of bidding on Gov financial reports required by this section condition. Whenever amounts are clas ernment procurements for products to be submitted to SBA by Licensees sified as “current” and “noncurrent,” classified in SIC Industry J2295, Artificial shall be on the prescribed form con “current” shall refer to the amount ma leather, oilcloth, and other impregnated stituting the Financial Report, SBA turing within 1 year and “noncurrent” and coated fabrics except rubberized. Form 468, which is designed for submis shall refer to the amount maturing after The present definition of a small busi sion in part or in its entirety. Part I 1 year. If, however, an amount will ness manufacturer for the purpose of requires statement of financial condi mature within 1 year but is not reason bidding on Government procurements for tion, statement of statutory capital and ably expected to be paid when due, it products classified in SIC Industry 2295, surplus, statement of realized gain or shall be classified as “noncurrent.” Artificial leather, oilcloth, and other im loss on investments, statement of income (g) Obtaining forms for report. The pregnated and coated fabrics, except and expense, and Schedules 1 and 2. Financial Report, SBA Form 468, as rubberized, is a concern which is inde Part II requires supporting Schedules 3 amended, and the Instructions for Prep pendently owned and operated, is not through 10, and Part i n requires sup aration of the Financial Report (SBA dominant in its field of operation, and, porting Schedules 11 through 20. Form 468) are filed with the Federal together with its affiliates, employs no (1) Part I, together with any sched Register Office as part of the original more than 500 persons. ule (s) of Parts n and n i that may be document. Copies of the Financial Re It has come to the attention of the specified, comprises the interim report port, SBA Form 468, as amended, to Small Business Administration that the required to be submitted, upon request gether with amended instructions for 500-employee size standard for manu by SBA, for any period of 1 month or preparation of such report, are available facturing concerns in SIC Industry 2295, more. Parts I and II comprise the re at the Investment Division, Small Busi Artificial leather, oilcloth, and other im port required to be submitted to SBA ness Administration, 811 Vermont Ave pregnated and coated fabrics, except covering the first 6 months’ period of nue NW., Washington, D.C., 20416, and rubberized, does not permit sufficient each fiscal year. Parts I, n , and i n com at all Area Offices of the Small Business prise the annual report required to be Administration, the addresses of which 1 Filed as part of the original document. — Saturda y, February 27, 1965 FEDERAL REGISTER 2615 competition between the smaller firms in Office of Economic Analysis, Small Business Administration, the industry and the larger concerns. Census Employment Therefore, it is proposed to establish a Washington 25, D.C. classification Industry size standard code (number of size standard of 1,000 employees for It is proposed to change the definition employees) manufacturing concerns in SIC Industry of a small business manufacturer for the 2295, Artificial leather, oilcloth, and purpose of bidding on Government pro 220K Artificial leather, oilcloth, 1,000 other impregnated and coated fabrics, curements for products classified in SIC and other impregnated and coated fabrics, except rubberized. Industry 2295, Artificial leather, oilcloth, except rubberized. Interested persons may file with the and other impregnated and coated fab Small Business Administration within 30 rics, except rubberized, as follows: days after publication in the F e d e r a l The Small Business Size Standards Dated: February 19,1965. R e g is t e r written statements of facts, opinions, or arguments concerning the Regulation (Revision 5), is hereby fur Ross D. DAVIS; new definition. ther amended by adding to Schedule B of Executive Administrator. § 121.3-8 the following industry size [P.R. Doc. 65-2051; Piled, Peb. 26, 1965; standard. 8:46 a.m.] I All correspondence shall be addressed [ to: No. 39-----6 Notices 5515. The hearing will be held in Room sioner of Insurance of the State of Wis DEPARTMENT OF THE TREASURY 4121 of the Main Treasury Building, 15th consin on December 28, 1964, effective Street and Pennsylvania Avenue NW., December 31, 1964, Northwestern Na Bureau of Customs Washington, D.C, tional Casualty Co., a Delaware corpo SPECIAL CUSTOMS INVOICE Any person desiring to be heard should ration, and Northwestern National notify the undersigned, in writing, as Casualty Corp., a Wisconsin corporation, Notice of Hearing Regarding soon as possible. Any such person both with executive offices located in Revisions in Customs Form should prepare his statement in writing Milwaukee, Wis., were consolidated so and three copies of it should be supplied as to form a new insurance company F e b r u a r y 19,1965. at the time of the hearing. known as Northwestern National Casu On July 30, 1964, the Bureau of Cus Any person desiring to submit a state alty Co. (a Wisconsin corporation). toms announced that a revised edition of ment without appearing or testifying The new corporation acquired all the the Special Customs Invoice Form, Cus orally may do so. assets and assumed all the liabilities of toms Form 5515, which is employed pur [ s e a l ] J am e s P o m e r o y H e n d r ic k , the constituent corporations. A copy of suant to § 8.15 of the Customs Regula the Amènded Agreement for Consolida tions (19 CFR 8.15) , would soon be avail Acting Assistant Secretary of the Treasury. tion is on file in the Treasury Depart able and that use of the revised edition ment, Bureau of Accounts, Surety Bonds would become mandatory on July 1, 1965. [FJEl. Doc. 65-2052; Filed, Feb. 26, 1965; Branch, Washington, D.C., 20226. The principal change made by the new 8:46 a.m.] In view of the foregoing, no action edition of the form is the addition of need be taken by bond-approving offi two new questions under section V. Office of the Secretary cers, by reason of the consolidation, with The two new questions are as follows: respect to any bond or other obligations 8. (A ) Did production of goods involve [Dept. Circ. 570,1964 Rev. Supp. No. 18] in favor of the United States, or in which costs for “assists” (i.e.— dies, molds, tooling, NORTHWESTERN NATIONAL the United States has an interest, direct printing plates, patterns, drawings, blue CASUALTY CO. or indirect, issued on or before Decem prints, artwork, engineering work, design ber 31, 1964, by Northwestern National and development, financial assistance) not Casualty Co., a Delaware corporation, Included ih the invoice price? Surety on Federal Bonds; Authority □ Yes. □ No. (If yes, identify nature of and Termination of Authority pursuant to the Certificate of Authority assist involved _____ i ____ _ and complete Part issued to the Company by the Secretary F e b r u a r y 23,1565. B.) of the Treasury. (B )(1 ) Assists valued at ^— — — ------— Certificate of authority as an accept (“Unknown.” if applicable) [ s e a l ! J o h n K . C arlock, able surety on Federal bonds issued to Fiscal Assistant Secretary. were supplied by: Northwestern National Casualty Co., □ Manufacturer □ Importer □ Other Milwaukee, Wis. (a Wisconsin corpora [F.R. Doc. 65-2056; Filed, Feb. 26, 1965; (identify). 8:46 a.m.] (2) Assists were: tion) ; termination of the authority of □ (a) Supplied without cost. Northwestern National Casualty Co., □ (b ) Supplied on rental basis. Milwaukee, Wis. (a Delaware corpora □ (c ) Invoiced separately. tion), to qualify as surety on Federal DEPARTMENT OF AGRICULTURE If ( c ) , attach copy of invoice. bonds: 9. If the price(s) shown in column 6 is. A certificate of Authority as an accept Consumer and Marketing Service (are) higher than those shown in column 7, able surety on Federal bonds, dated Jan there is an indication of possible sales at SHANTZ & RODMAN LIVESTOCK less than fair value within the meaning of uary 1, 1965, has been issued by the Sec the U.S. antidumping statutes. If this retary of the Treasury to the following COMMISSION CO., INC., ET AL. differential exists, please select one of the company under the Act of Congress ap Proposed Posting of Stockyards following alternatives: proved July 30, 1947 (6 U.S.C. 6-13). (A) □ To the best of my knowledge and An underwriting limitation of $731,000 The Acting Chief, Rates and Registra belief the differential between the column 6 has been established for the company. tions Branch, Packers and Stockyards and column 7 prices is the result of condi Further details as to the : extent and Division, Consumer and Marketing Serv tions of sale which would not result in sales localities with respect to which the com ice, U.S. Department of Agriculture, has at less than fair value within the meaning of the U.S. antidumping laws. pany is acceptable as surety on Federal information that the livestock markets or bonds will appear in the next revision of named below are stockyards as defined (B) □ There is attached hereto an ex Department Circular 570, to be issued as in section 302 of the Packers and Stock- planation of the differences between the of June 1, 1965. Copies of the Circular, yards Act, 1921, as amended (7 U.S.C. column 6 and column 7 prices. when issued, may be obtained from the 202), and should be made subject to the Note. In his discretion the appraiser may Treasury Department, Bureau of Ac provisions of the Act. nonetheless require submission of the in counts, Surety Bonds Branch, Washing Shantz & Rodman Livestock Commission formation called for under item 9(B) ton, D C., 20226. Co., Inc., North Little Rock, Ark. Rensselaer, Prior to issuing the new edition of State in Which Incorporated, Name of Com Rensselaer Livestock Auction, Form 5515, the Bureau of Customs had pany and Location of Principal Executive Ind. . Office Flint Hills Livestock Auction, Eskridge, Kans. sought and obtained the approval of the Wisconsin Concordia Livestock Auction, Concordia, M . Bureau of the Budget thereon. Sitting Bull Auction Co., Williston, N. Da • An association of importers has now Northwestern National Casualty Co. Randolph Horse Sale, Cooper, Tex. requested the Treasury Department to Milwaukee, Wis. ■ Century Sales Service, Sedro Woolley, Was hold a public hearing at which interested The Certificate of Authority issued by Notice is hereby given, therefore, that parties may present their views with re the Secretary of the Treasury to North the said Acting Chief, pursuant to au spect to the appropriateness of the two western National Casualty Co., Milwau thority delegated under the Packers and questions set forth above which have kee, Wis., a Delaware corporation, under Stockyards Act, 1921 as amended ( been added to Form 5515. the provisions of the Act of Congress ap U.S.C. 181 et seq.), proposes to issue a Notice is hereby given that the proved July 30, 1947 (6 U.S.C. 6-13) is rule designating the stockyards Treasury Department will afford all hereby terminated effective as of Decem interested parties an opportunity to be ber 31, 1964. above as posted stockyards subject heard on March 30, 1965, at 10:00 ajn., Pursuant to Amended Agreement for the provisions of the Act, as provided with regard to revised Customs Form Consolidation approved by the Commis section 302 thereof. 2616 S aturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2617 Any person who wishes to submit writ Done at Washington, D.C., this 23d This statement is made as of Feb ten data, views, or arguments concern day of February 1965. ruary 15, 1965. ing the proposed rule may do so by filing K . A . P otter, Dated: February 15, 1965. them with the Acting Chief, Rates and Acting Chief, Rates and Regis C. S. M it c h e l l . Registrations Branch, Packers and trations Branch, Packers and Stockyards Division, Consumer and Stockyards Division, Con [F.R. Doc. 65-2044; Filed, Feb. 26, 1965; 8:46 a.m.] Marketing Service, United States De sumer and Marketing Service. partment of Agriculture, Washington 25, D.C., within 15 days after publication [F.R. Doc. 65-2045; Filed, Feb. 26, 1965; 8:46 am .] hereof in the F ederal R eg ister . All written submissions made pursuant DEPARTMENT OF HEALTH, EDU to this notice will be made available for public inspection at such times and CATION, AND WELFARE places in a manner convenient to the DEPARTMENT OF THE INTERIOR Food and Drug Administration public business (7 CFR 1.27(b)). Office of the Secretary BLATCHFORD CALF MEAL CO. Done at Washington, D.C., this 23d CHARLES S. MITCHELL day of February 1965. Notice of Filing of Petition for Food Statement of Changes in Financial Additives Erythromycin, Zoalene, K . A . P o tter , Interests Acting Chief, Rates and Regis and Arsanilic Acid tration Branch, Packers and In accordance with the requirements Pursuant to the provisions of the Fed Stockyards Division, Con of section 710(b) (6) of the Defense Pro eral Food, Drug, and Cosmetic Act (sec. sumer and Marketing Service. duction Act of 1950, as amended, and 409(b)(5), 72 Stat. 1786; 21 U.S.C. 348 Executive Order 10647 of November 28, (b )(5 )), notice is given that petitions [P.R. Doc. 65-2046; Filed, Feb. 26, 1965; 8:46 .a,m.] 1955, the following changes have taken (FAPs 5D1599, 5D1600, 5D1611) have place in my financial interests during been filed by Blatchford Calf Meal Com the past 6 months: pany, 2 East Madison Street, Waukegan, 111., proposing the issuance of a regua- DAYTONA HORSE SALES, INC. ET AL. (1) None. (2) None. tion to provide for the safe use of eryth Deposting of Stockyards (3) None. romycin with or without zoalene and/or (4) None. arsanilic acid, as follows: It has been ascertained, and notice is T able 1—Erythromycin in Complete Feed fob Chickens, T tjbkeys, and Swine hereby given, that the livestock markets named herein, originally posted on the respective dates specified below as being Principal Crams per Combined Crams per Limitations Indications for use ton with— ton subject to the Packers and Stockyards ingredient Act, 1921, as amended (7 U.S.C. 181 et Erythromycin.. 3.7- 20 For chickens and swine; as Growth promotion and seq.), no longer come within the defini erythromycin thiocyanate. feed efficiency. tion of a stockyard under said Act and D o ...... 3.7- 50 For turkeys; as erythromy Growth promotion and cin thiocyanate. feed efficiency. are, therefore, no longer subject to the D o ...... 3.7- 20 For laying chickens; as Maintaining or increas provisions of the Act. erythromycin thiocya ing egg production and nate. improving feed effi Name and Location of Stockyard and Date of ciency. Posting D o. 92.5- 100 For chickens and turkeys; As an aid in prevention as erythromycin thio of respiratory diseases Daytona Horse Sales, Inc., Daytona Beach, cyanate; feed for 2 days resulting from stress. Fla.; November 20,1964. before stress and 3 to 6 days after stress. Hart County Livestock Market, Munfordville, D o. 92.5- 100 For chickens as erythro Treatment of infectious Ky.; December 12,1959. mycin thiocyanate; feed coryza. Hammond Livestock Sales, Exeter, Maine; for 7 to 14 days, then August 10,1960. feed 18.5-20 grams per ton of feed continuously to Menahga Sale Pavilion, Menahga, Minn.; prevent further outbreaks. October 27,1959. D o. 185-200 For chickens and turkeys; Treatment of chronic Mayville Livestock Auction, Mayville, as erythromycin thio respiratory disease. N. Dak.; August 5,1963. cyanate; feed for 5 to 8 days; do not use eggs Whitford Sales Oo., Whitford, Pa.; November produced during tne treat 20,1959. * ment period for food purposes. Notice or other public procedure has Do. 185-200 For chickens and turkeys; A s an aid in prevention as erythromycin thio of chronic respiratory not preceded promulgation of the fore cyanate; feed 2 days before disease during time of going rule since it is found that the giv exposure, continue 3 to 6 stress. ing of such notice would prevent the due days after stress. D o not use eggs during the treat and timely administration of the Pack ment period for food pur ers and Stockyards Act and would, poses. D o. 3.7- 20 Zoalene plus 36.3-113.5 For broiler and replacement § 121.207(c) j items 2 and therefore, be impracticable and contrary arsanilic 90 chickens; as erythromycin 3; growth promotion to the public interest. There is no legal acid. thiocyanate; § 121.207(c), and feed efficiency and items 2 and 3; withdraw 5 improving pigmenta warrant or justification for not depost- days before slaughter. tion. As an aid in prevention of ing promptly a stockyard which is no D o. 92.5- 100_____do______36.3-113.5 For broiler and replacement longer within the definition of that term 90 chickens; as erythromycin respiratory disease re thiocyanate; feed 2 days sulting from stress and contained in the Act. before stress and 3 to 6 improving pigmenta days after stress; § 121.207 tion; § 121.207(c), items The foregoing is in the nature of a (c), items 2 and 3; with 2 and 3. ^le granting an exemption of relieving draw 5 days before a restriction and, therefore, may be made slaughter. Do. 92.5- 100 36.3-113.5 For broiler and replacement Treatment of infectious effective in less than 30 days after pub 90 chickens; as erythromycin coryza and improving thiocyanate; feed for 7 to pigmentation; §121.207 lication in the F ederal R eg ister . This 14 days, then feed 18.5-20 (c), items 2 and 3. notice shall become effective upon pub \ grams per ton of feed con tinuously to prevent fur lication in the F ederal R e g ister . ther outbreaks, § 121.207 (c), items 2 and 3; with ilf? * * * • 38 amended and supplemented; draw 5 days before • 7U.S.C. 181 et seq.) slaughter. 2618 NOTICES T able 1—E rythromycin in Complete Feed por Chickens, T urkeys, and Swine—Continued Morton Chemical Co., a division of Mor ton Salt Co., 110 North Wacker Drive, Principal Grams per Combined Grams per Limitations ' Indications for use Chicago, 111., 60606, proposing the is ingredient ton with— ton suance of a regulation to provide for the safe use of a vinylidene chloride copoly ythromycin.. 185-200 Zoalene plus 36.3-113.5 For broiler and replacement Treatment of chronic arsanilic 90 chickens; as erythromycin respiratory disease; mer food-contact coating on substrates acid. thiocyanate; feed for 5 to $ 121.207(c) items 2 of nylon complying with § 121.2502. 8 days; § 121.207(c), items and 3; improving 2 and 3; withdraw 6 days pigmentation. Dated: February 23,1965. before slaughter. Do...... 185-200 ...... do...... 36.3-113.5 For broiler and replacement As an aid in prevention M a lc o lm R. S t e p h e n s , 90 chickens; as erythromycin of chronic respiratory thiocyanate; feed 2 days disease during times o( Assistant Commissioner before exposure, continue stress; § 121.207(c), for Regulations. 3 to 6 days after stress; items 2 and 3; improv S 121.207(c), items 2 and 3; ing pigmentation. [F.R. Doc. 65-2090; Filed, Feb. 26, 1965; withdraw 5 days before 8:48 a.m.] slaughter. Do______3.7-20 Zoalene...... 36.3-113.5 For broiler and replacement § 121.207(c), items 2 and chickens; as erythromycin 3; growth promotion thiocyanate; § 121.207(c), and feed efficiency. REICHHOLD CHEMICALS, INC. items 2 and 3. Do______92.5-100 Zoalene______36.3-113.5 For broiler and replacement As an aid in prevent ion chickens; as erythromycin of respiratory disease Notice of Filing of Petition for Food thiocyanate; feed for 2 resulting (Tom stress; Additives days before stress and 3 5 121.207(c), items 2 to 6 days after stress; and 3. Pursuant to the provisions of the Fed 5 121.207(c), items 2 and 3. Do______92.5-100 Zoalene_____ 36.3-113.5 For broiler and replace Treatment of infectious eral Food, Drug, and Cosmetic Act (sec. ment chickens; as coryza; § 121.207(c), 409(b) (5), 72 Stat. 1786; 21 U.S.C. 348 erythromycin thio items 2 and 3. cyanate; feed tor 7 to 14 (b) (5 )), notice is given that a petition days then feed 18.5-20 (FAP 5B1598) has been filed by Reich- grams per ton of feed continuously to prevent hold Chemicals, Inc., RCI Building, further outbreaks; § 121.- White Plains, N.Y., proposing that para 207(c),Items 2 and 3. graph (b) (2) of § 121.2526 be amended Do______92.5-100 Zoalene______36.3-113.5 For chickens; as erythro As an aid in prevention mycin thiocyanate; feed of respiratory disease by inserting in the list of substances the for 2 days before stress resulting from stress; item “Cyclized rubber,” subject to the and 3 to 6 days after § 121.207(c), items 2 stress; § 121.207(c), items and 3. limitation “For use only in coatings for 2 and 3. paper and paperboard intended for use Do______185-200 Zoalene______36.3-113.5 For broiler and replacement Treatment of chronic Chickens; as erythro respiratory disease; in contact with food only of the type mycin thiocyanate; feed $ 121.207(c), items 2 identified in paragraph (c) of this sec for 5 to 8 days; § 121.207 and 3. (c), items 2 and 3. tion, table 1, under types V M and IX." Do...... 185-200 Zo alene______36.3-113.5 For broiler and replacement A s an aid in prevention chickens; as erythro of chronic respiratory Dated: February 23,1965. mycin thiocyanate; feed disease during time of 2 days before exposure, stress; § 121.207(c), M a lc o lm R . S t e p h e n s , continue 3 to 6. days after ' Items 2 and 3. Assistant Commissioner stress; § 121.207(c), items for Regulations. 2 and 3. [F.R. Doc. 65-2091; Filed, Feb. 26, 1965; T able 2—Erythromycin in Complete Cattle Feed 8:48 a jn .l Principal Milligrams Combined Milligrams Ingredient per head with— per head Limitations Indications for use WEST CHEMICAL PRODUCTS per day per day Notice of Filing of Petition Regarding Erythromycin.. 37.0-80.0 For growing cattle; as Growth promotion and Food Additiyes Sanitizing Solutions erythromycin thiocya feed efficiency. nate. Pursuant to the provisions of the Federal Food, Drug, and Cosmetic Act Dated: February 18,1965. (sec. 409(b) (5), 72 Stat. 1786; 21 U.S.C. M a lc o lm R . S t e p h e n s , 348(b) (5 )), notice is given that a peti Assistant Commissioner for Regulations. tion (FAP 5H1665) has been filed by [F.R. Doc. 65-1935; Filed, Feb. 26,1965; 8:45 ajn .] West Chemical Products, 42-16 West Street, Long Island City, N.Y., 11101, pro posing that § 121.2547 Sanitizing solu FIRESTONE SYNTHETIC RUBBER Dated: February 23, 1965. tions be amended by adding to the solu & LATEX CO. tions in paragraph (b) a new subpara M a lc o lm R . S t e p h e n s , graph (5) as follows: Notice of Filing of Petition for Food Assistant Commissioner (5) An aqueous solution containing for Regulations. Additives iodine, hydroiodic acid, isopropyl alcohol, [F.R. Doc. 65-2089; Filed, Feb. 26, 1965; and ethylene oxide-alkyl (C8 to Cu) Pursuant to the provisions of the Fed 8:48 a.m.] phenol-condensates (containing 4 to w eral Food, Drug, and Cosmetic Act (sec. moles of ethylene oxide) and/or poly* 409(b)(5), 72 Stat. 1786; 21 UJS.C. oxyethylene - polyoxypropylene blocs 3 4 8 (b)(5 )), notice is given that a peti MORTON CHEMICAL CO. polymers (having a minimum average tion (FAP 3B1162) has been filed by molecular weight of 1900), together with Firestone Synthetic Rubber & Latex Co., Notice of Filing of Petition for Food components generally recognized as safe. Division of Firestone Tire & Rubber Co., . Additives 381 West Wilbeth Road, Akron, Ohio, Dated: February 18,1965. 44301, proposing that paragraph (b) (5) Pursuant to the provisions of the Fed M a lc o lm R . S t e p a n s , of § 121.2550 Closures with sealing gas eral Food, Drug, and Cosmetic Act (sec. Assistant Commissioner kets for food containers be amended by 409(b)(5), 72 Stat. 1786; 21 U.S.C. fo r Regulations. inserting in the list of substances the 348(b)(5)) , notice is given that a peti [F.R. Doc. 65-2093; Filed, Feb. 26, 1965; item “polybutadiene.” tion (FAP 5B1571) has been filed by 8:48 a.m.] Saturda y, F e b r u a r y 27, 1965 FEDERAL REGISTER 2619 [License No. R—67, Arndt. No. 13] For further details with respect to this ATOMIC ENERGY COMMISSION License No. R-67, as amended, issued to amendment, see the application for ex [Docket No. 50-163] General Dynamics Corp. is hereby amended tension and supplement thereto, copies in the following respects: of which are available for public inspec GENERAL DYNAMICS CORP. In addition to the activities previously au tion at the Commission’s Public Docu thorized by the Commission in License No. ment Room, 1717 H Street NW., W ash Notice of Issuance of Facility License R-67, as amended, General Dynamics Corp. ington, D.C. Amendment is authorized: 1. to operate the reactor with thermionic Dated at Bethesda, Md., this 15th day Please take notice that the Atomic or thermoelectric devices for as long as of February 1965. Energy Commission has issued, effective 10,000 hours each at 1.5 megawatts (thermal) as of the date of issuance, Amendment of reactor power, with or without purging For the Atomic Energy Commission. of the devices, as described in the licensee’s No. 13, set forth below, to Facility Li application for license amendment dated R oger S. B o y d , cense No. R-71, as amended. • The license, January 21, 1965. Chief, Research and Power Re as amended, authorizes General Dynam This amendment is effective as of the date actor Safety Branch, Division ics Corp. to operate its TR IG A Mark F of issuance. of Reactor Licensing. nuclear reactor located at Torrey Pines Date of issuance: [License No. R-28, Amdt. No. 15] Mesa, Calif. The amendment authorizes operation of the reactor with thermionic For the Atomic Energy Commission. 1« Facility License No. R-28, as amended, which authorizes the Regents of the Uni or thermoelectric devices for as long as Saijl Levine, 10,000 hours each at 1.5 megawatts Chief, Test and Power Reactor Safety versity of Michigan to operate the Ford Nu clear Reactor located on the University’s (thermal) of reactor power, with or Branch, Division of Reactor Li censing. campus in Ann Arbor, Mich., is hereby fu r without purging of the devices, as de ther amended in accordance with the appli scribed in the licensee’s application for [F.R. Doc. 65-1964; Filed, Feb. 26, 1965; cation dated January 12, 1965, and supple license amendment dated January 21, 8:45 a.m.] ment thereto dated January 29, 1965. 1965. A. The final paragraph of License No. R-28, The Commission has found that:' as originally issued September 13, 1957, is [Docket No. 50-2] (1) The application for amendment designated paragraph No. 6 and is amended complies with the requirements of the to read as follows: : UNIVERSITY OF MICHIGAN “6. This amended license is effective as Atomic Energy Act of 1954, as amended, of the date of issuance and shall expire Feb and the Commission’s regulations set Notice of Issuance of Facility License ruary 17, 1975, unless sooner terminated.” forth in Title 10, Chapter 1, CFR; Amendment 2. This amendment is effective as of the (2) The issuance of this amendment date of issuance. Please take notice that the Atomic will not be inimical to the common de Energy Commission has issued, effective Date of issuance: February 15, 1965. fense and security or to the health and safety of the public; as of the date of issuance, Amendment For the Atomic Energy Commission. No. 15, set forth below, to Facility License (3) Prior public notice of proposed is No. R-28, authorizing operation ¡until Roger S. Boyd, suance of this amendment is not required Chief; Research and Power Redctor February 17, 1975, of the University of since the amendment .does not involve Safety Branch, Division of Reactor Michigan’s Ford Nuclear Reactor located significant hazards considerations dif Licensing. on the University’s campus in Ann Arbor, ferent from those previously evaluated. Mich. [F.R. Doc. 65-2048; Filed, Feb. 26, 1965; Within fifteen (15) days from the date 8:46 a.m.] The expiration date specified in Fa of publication of this notice in the F ed cility License No. R-28 as originally is eral R egister, the applicant may file a request for a hearing, and any person sued was February 17, 1965. In an whose interest may be affected by this application dated January 12, 1965, as CIVIL AERONAUTICS BOARD supplemented January 29,1965, the Uni proceeding may file a petition for leave [Docket No. 15556; Order No. E-21824] to intervene. Requests for a hearing and versity of Michigan requested an exten petitions to intervene shall be filed in sion of the license for a 10-year period. PIEDMONT AVIATION, INC. accordance with the Commission’s reg No change in operating conditions is ulation (10 CFR 2). If a request for a involved. Authorization To Discuss Baggage hearing or a petition to intervene is filed The Commission has found that: Rates within the time prescribed in this notice, 1. The application for amendment complies with the requirements of the Adopted by the Civil Aeronautics the Commission will issue a notice of Board at its office in Washington, D.C. hearing on an appropriate order. Atomic Energy Act of 1954, as amended, and the Commission’s regulations set on the 23d day of February 1965. For further details with respect to this On September 22* 1964, the Board au amendment, see (1) the licensee’s appli forth in Title 10, Chapter 1, CFR; 2. Prior public notice of proposed is thorized the members of the Air Traffic cation for license amendment dated Jan Conference of America (ATC) to dis uary 21,1965, and (2) a related Hazards suance of this amendment is not required since the amendment does not involve cuss a proposal of American Airlines, Analysis prepared by the Test and Power Inc., for certain fundamental changes in Reactor Safety Branch of the Division significant hazards considerations differ ent from those previously evaluated; the free baggage allowance and the or Reactor Licensing, both of which are charges for excess baggage in domestic available for public inspection at the 3. The issuance of this amendment will not be inimical to the common defense airline service.1 Since that time, the ii7>i^m^SS^ons Document Room, and security or to the health and safety Board has authorized further discus 1717 H Street NW., Washington, D.C. A of the public. sions among ATC members with a view nfP+v,°* ^ em ^ ak°ve may be obtained Within fifteen (15) days from the date to resolving the issues raised by Ameri at the Commission’s Public Document can’s proposal and, ultimately, reaching of publication of this notice in the F ed Room or upon request addressed to the eral R egister, the licensee may file a an agreement to be submitted for Board Atomic Energy Commission, Washing- request for a hearing, and any person approval or disapproval.2 J??1’. .P*®*» 20545, Attention: Director, whose interest may be affected by this By letter dated February 4, 1965,3 Division of Reactor Licensing. proceeding may file a petition for leave Piedmont Aviation, Inc., requests au to intervene. A request for a hearing thority to discuss, with carrier members at ^ ^ d a , Md., this 18th day of the Association of Local Transport of February 1965. and petitions to intervene shall be filed in accordance with the provisions of the 1 Order E-21310. For the Atomic Energy Commission. Commission’s rules of practice, 10 CFR 2 Orders E-21564, Dec. 7, 1964, and E-21666, Part 2. If a request for a hearing or a Jan. 12,1965. m ,. . j . S a u l L e v in e , petition to intervene is filed within the ef, Test and Power Reactor 3 On Feb. 5, 1965, Piedmont sent a letter of time prescribed in this notice, the Com technical correction of its letter of Feb. 4, ¡safety Branch, Division of mission will issue a notice of hearing or Reactor Licensing, 1965, which changed the reference from an appropriate order. Docket 14274 to Docket 15556. 2620 NOTICES Airlines and nonmember Mohawk Air [Docket No. 15883; Order No. E-21832] complainants have claimed no diversion because they do not participate in the lines, Inc., the proposed baggage revi AMERICAN AIRLINES, INC., ET AL. sions. Piedmont states that there is ho carriage of magnetic tape. intention to set up a working group in Proposed Reduced Rates on Magnetic American declares that its proposed opposition to the ATC committee deal Recording Tape; Order of Investiga extension of United’s proposal to addi tional markets is intended to retain a ing with this problem, but that the dis tion and Suspension cussion could crystalize the local service uniform description in all sectors. carrier problem and develop a solution Adopted by the Civil Aeronautics The Flying Tiger Line Inc. (Tiger) and acceptable to both trunkline and local Board at its office in Washington, D.C., The Slick Corp. have protested United’s service carriers. One meeting is contem on the 24th day of February 1965. proposal, requesting investigation and plated to be held in February 1965 and By tariff revision bearing a posting suspension, primarily on the ground that another prior to March 15, 1965. date of January 26, 1965, and marked to the amendment of the present descrip W e have already authorized inter become effective March 12, 1965, United tion is an attempt to do by subterfuge carrier discussions of the domestic free Air Lines, Inc. (United) proposes to what the Board refused to permit it to baggage allowance and excess baggage amend its currently published specific do directly in its recent order suspending charges, within the framework of the commodity description on electronic ma reduced rates proposed on magnetic tape. Air Traffic Conference of America (Order chines and parts specifically to include Upon consideration of the complaint E-21310, Sept. 22,1964), and for the rea magnetic recording tape. The proposed and other relevant matters, the Board sons stated in that order we have con change will result in reduced rates from finds that the proposed tariff revisions cluded that the instant discussions of San Francisco to Chicago, New York, may be unjust, unreasonable, or unduly the local service carrier aspects of this and Philadelphia. American Airlines, discriminatory, or unduly preferential, domestic baggage problem appear to be Inc. (American), and Trans World Air or unduly prejudicial, or otherwise un in the public interest. lines, Inc. (T W A ), have subsequently lawful, and should be investigated. Ap Under these circumstances the Board filed, for effectiveness March 13, 1965, to proximately 4 months ago, the Board will authorize such discussions, provided meet United in these markets; in addi suspended and set for investigation tariff that personnel from the Board’s staff tion, American has extended the amend revisions proposing reduced specific com may attend as observers if their presence ed commodity description to apply also modity rates on certain transcontinental should appear necessary or appropriate. from San Francisco to Boston and De movements of magnetic recording tape Accordingly, pursuant to the Federal troit, and from Los Angeles to Boston. eastbound to several major midwest and Aviation Act of 1958 and particularly In its justification and its answer to eastern cities (Order E-21485, adopted sections 204(a), 412 and 414 thereof, the complaints, United declares that its Nov. 5, 1964). The foregoing proposals It is ordered,That: proposal is warranted on the ground that were first filed by United, and subse 1. The carrier members of the Associ magnetic recording tapes are necessary quently met by American, Tiger, and ation of Local Transport Airlines and for the operation of certain electronic TWA. American protested United’s fil Mohawk Airlines, Inc., are authorized machines and are therefore “embraced ing, requesting investigation and suspen to engage in discussions to be held in by reference” in the present description sion. In the foregoing order, the Board February and March 1965 looking toward to “parts of such electronic machines;” 1 declared that the proposals would have possible industrywide revisions of the that it is desirable specifically to include effected significant reductions Which had currently effective baggage allowances such tapes “for the convenience of tariff not been adequately justified by consid and charges; provided, that if the Board users;” that its proposal would not effect eration either of costs or of traffic pro deems it appropriate or necessary, ob a reduction in rates actually charged motion. Subsequently, the carriers can servers from the Board’s staff shall at because magnetic recording tape has for celed their suspended rates, and the in tend such discussions. some time been transported by various vestigation was found moot and dis 2. The Board be given adequate notice carriers in thè same commodity group missed by Order E-21647, adopted Janu of the time and place of any discussions and at the Same rates as electronic ma ary 6,1965. authorized herein by the filing of written chines; that the filing is therefore merely In their current filings, three of the notices with the Board’s Docket Section. an action formalizing current carrier four foregoing carriers (American, TWA 3. Complete and accurate minutes practice; that the magnetic recording and United) propose tariff revisions from shall be kept of all such discussions and tape involved in the instant proposal is San Francisco to Chicago, New York a true copy thereof Shall be filed with a different commodity from the mag and Philadelphia that would result ip the Board’s Docket Section not later than netic recording tape referred to in the rates on magnetic recording tape for 30 days after conclusion of the discus complaints; that it is logical to group shipments under 3,000 pounds either sions. magnetic tape with electronic machines equal to or actually lower than those we suspended. Z W e are concerned by 4. Any agreement or agreements of which it is “a necessary and integral part;” that the density of magnetic tape United’s allegation that the proposals reached as a result of such discussions is approximately 30 pounds per cubic do not in fact involve reductions on the (together with the minutes of such dis foot (four times the average density of ground that it has actually been carrier cussions) shall be filed with the Board air freight shipments), and consequently practice to include tape in the same com in accordance with section 412 of the involves lower costs and deserves lower modity group as electronic machines, as Federal Aviation Act of 1958 and ap rates; the current low rates for magnetic herein proposed. We do not construe proved by the Board prior to being placed tapes have resulted in increasing traffic; the commodity group description of elec in effect. that any increase in rates required by tronic machines and parts to embrace 5. This order shall be served upon all regulatory action creates the likelihood magnetic tape and any such rating prac domestic certificated local service and that air shippers will divert to surface tice would appear to be a violation of the trunkline carriers.' transport (one shipper has already di tariff. . verted his air shipments) ; and that the W e recognize that, with respect This order will be published in the shipments of 3,000 pounds and over m F ederal R eg ist e r , 1 The present description reads “Electronic the foregoing markets, the carriers’ pro machines, n.e.s. (not elsewhere specified), posals would result in rates that are By the Civil Aeronautics Board. namely, machines dependent upon electronic somewhat above those previously sus tubes for their operation when such tubes [ s e a l] H arold R . S a n d e r s o n , pended by the Board. However, the pro Secretary. are an integral part thereof, also parts of posed rates would effect significant re* Such electronic machines.” (Group No. 276 [F.R. Doc. 65-2040; Piled, Feb. 26, 1965; in Airline Tariff Publishers, Inc. CJV.B. No. ductions below the rates now in effec 8:45 a.m.] 12 .) and which are currently in effect fo Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2621 competing carriers on recording tape. On 106th, 107th, and 108th Revised Pages The aeronautical study disclosed that In other markets (from San Francisco to 103, from San Francisco, Calif!, to Boston, the structure would have no adverse ef Boston and Detroit and from Los Angeles Mass. fect upon IFR operations. On 88th, 90th, and 91st Revised Pages 104, to Boston) the proposals, would also ef from San Francisco, Calif., to Chicago, HI. The study also disclosed that the site fect significant reductions below rates On 62d and 63d Revised Pages 104-B, from would be located in a minimum activity now in effect for the foregoing carriers San Francisco, Calif., to Detroit, Mich. area for VFR flying and would have a and which are currently in effect for On 89th, 91st, and 92d Revised Pages 106, minimum effect upon aeronautical opera competing carriers at all weight breaks. from San Francisco, Calif., to New York, N.Y. tions. Preferred VFR navigational aids The Board had not suspended?^the rates On 144th, 145th, and 146th Revised Pages such as main highways and railroads are on magnetic tapes in these markets inas 107, from San Francisco, Calif., to Philadel located approximately 10 miles from the much as no proposals were before it. phia, Pa. proposed site. The Board has carefully considered [F.R. Doc. 65-2071; Filed, Feb. 26, 1965; Further, the proponent has advised the statements presented on behalf of 8:47 am .] that if this structure is constructed, the the proposals and finds that they do not existing tower located near Delco, N.C., constitute adequate justification. In [Docket No. 15861] on a much used VFR route, would be view of the significant dilution of carrier removed. revenues that might ensue from the fil COMPAÑIA PERUANA INTERNA Based upon the aeronautical study, it ings, the Board, has further concluded to CIONAL DE AVIACION S.A. is the finding of the Agency that the suspend them pending investigation. proposed structure would have no sub Accordingly, pursuant to the Federal Notice of Prehearing Conference stantial adverse effect upon aeronautical Aviation Act of 1958 and particularly Application for a foreign air carrier operations, procedures or minimum flight sections 204(a) and 1002 thereof, permit on behalf of Compania Peruana altitudes. It is ordered, That: Internacional de Aviación S.A. (COP- Therefore, pursuant to the authority 1. An investigation is instituted to de ISA) for the carriage of passengers, delegated to me by the Administrator termine whether the rates and other pro cargo, and mail between Iquitos, Peru- (§ 77.37), iti is found that the proposed visions described in Appendix A below Maracaibo, Venezuela-M i a m i , Fla., structure would have no substantial ad and rules, regulations or practices affect U.S.A. verse effect upon the safe and efficient ing such rates and other provisions, are, Notice is hereby given that a prehear utilization of navigable airspace and it or will be, unjust or unreasonable, un ing conference on the above-entitled ap is hereby determined that the proposed justly discriminatory, unduly preferen plication is assigned to be held on March structure would not be a hazard to air tial, unduly prejudicial, or otherwise un 4, 1965, at 10 a.m., e.s.t., in Room 911, navigation provided that it is obstruction lawful, and if found to be unlawful to Universal Building, Connecticut and marked and lighted in accordance with determine and prescribe the lawful rates Florida Avenues NW., Washington, D.C., Agency standards, and provided further and other provisions and rules, regula before Examiner Herbert K. Bryan. that the existing structure at Delco, tions, or practices affecting such rates now in use by the proponent, will be and other provisions; Dated at Washington, D.C., February removed. 2. Pending hearing and decision by 24,1965. This determination is effective and the Board, the rates and other provisions [ s e a l ] F r a n c is W . B r o w n , will become final 30 days after the date described in Appendix A below are sus Chief Examiner. of issuance unless an appeal is filed under pended and their use deferred to and in § 77.39 (27 F.R. 10352). If the appeal [F.R. Doc. 65-2072; Filed, Feb. 26, 1965; cluding June 9, 1965, unless otherwise 8:47 a.m.] is denied, the determination will then ordered by the Board and that no become final as of the date of the denial changes be made therein during the or 30 days after the issuance of the de Period of suspension except by order or termination, whichever is later. Unless special permission of the Board; FEDERAL AVIATION AGENCY otherwise revised or terminated, a final 3. The complaints of The Flying Tiger determination hereunder will expire 18 Line Inc. in Docket 15841 and The Slick [OE Docket No. 6 5 -SO -l] months after its effective date or upon Corp. in Docket 15843 are dismissed, ex ATLANTIC TELECASTING CORP. earlier abandonment of the construction cept to the extent granted herein; proposal C§ 77.41). 4. The proceeding herein be assigned Determination of No Hazard to Air Issued in Washington, D.C., on Feb lor hearing before an Examiner of the Navigation ruary 23, 1965. Board at a time and place hereafter to be The Federal Aviation Agency has cir designated; and G eorge R . B o r sar i, cularized the following proposal for aero ^°Pies of this order shall be filed Chief, nautical comment and has conducted a Obstruction Evaluation Branch. with the tariff and served upon Ameri study (SO-rOE-4923) to determine its can Airlines, Inc., The Flying Tiger Line effect upon the safe and efficient utiliza [F.R. Doc. 65-2038; Filed, Feb. 26, 1965; ???•» Trans World Airlines, Inc., The tion of navigable airspace. 8:45 aon.] Shck Corp., and United Air Lines,. Inc., Atlantic Telecasting Corp., Wilming winch are hereby made parties to this ton, N.C., proposes to construct a televi [OE Docket No. 65-CE-3] Proceeding. sion antenna structure near White Lake, N.C., at latitude 34°34'32" N„ longitude MAY BROADCASTING CO. (KMTV) ^ der will be published in t 78°26'13" W. The overall height of the ET AL. Federal R egister. structure would be 2,049 feet above mean Determination of No Hazard to Air By the Civil Aeronautics Board. sea level (AM SL) [1,994 feet above ground (A G L) ]. The proposal as orig Navigation ( seal] H arold R . S a n d e r s o n , inally circularized and discussed in FAA’s The Federal Aviation Agency has cir Secretary. Southern Regional Airspace Meeting No. cularized the following proposal for aero A p p e n d ix A 48 specified a height of 2,125 feet AMSL nautical comment and has conducted a (2,070 feet A G L ). Subsequent to the study (CE-OE-6116) to determine its AIRLINE tariff PUBLISHERS, INC., AGE* airspace meeting, the proponent amended N ° . 12 (AGENT J. ANIELLO SERIES effect upon the safe and efficient utiliza the structure height to that stated above. tion of the navigable airspace. On 4th Revised Page 72-K, the po The structure would exceed the stand May Broadcasting Co. (K M TV), Her mar r * Group n°- 561 readin ards for determining hazards to air nav ald Corp. (K E T V ), and Meredith W OW , m^ etic recording tape". . igation in § 77.23(a)(1) of the Federal Inc., Omaha, Nebr., propose to construct Aviation Regulations by 1,494 feet. Grmm XT&te! and Provisions on Con t h r e e television antenna structures to “rÜ ° ' insofar as they are ap Since the airspace meeting, an off-air spaced approximately 700 feet apart at 3 etlC rec° Mtoe tope- „ „ J way route which the structure may have On on PaBes shown affected has been cancelled. The re locations as follow: 88 fmm4Îh’ 135th’ and 136th Revise duced height preserves the 3,000-foot 1. At latitude 41018'-39" N., longitude ’ m Los Angeles, Calif., to Bosto cardinal altitude. 96°01'37" W.; 2622 NOTICES 2. At latitude 41*18'32" N., longitude congested area, would be expected to fly ness as Chapman Radio & Television Co., 96°01'32" W .; at least 1,000 feet above the highest Anniston, Ala., Docket No. 15856, File 3. At latitude 41°18'25" N., longitude obstacle within a horizontal radius of No. BPCT-3317; Anniston Broadcasting 96°01'37" W., all at Omaha, Nebr. The 2,000 feet of the aircraft. Under re Co., Anniston, Ala., Docket No. 15857, overall heights! the structures would be stricted ceiling and visibility conditions, File No. BPCT-3320; for construction 2,549 feet above mean sea level (approxi this route may be unusable. A better permit for new television broadcast sta mately 1,399 feet above ground). VFR route is provided by the new inter tion (channel 70). A previous proposal by the proponents state highway now under construction. It is ordered, This 23d day of February for a site near Millard, Nebr., was con This highway circumnavigates the con 1965, that Herbert Sharfman shall serve sidered in Study No. 3-OE-2305. A de gested area of the city to the west and as the presiding officer in the above- termination of hazard was issued in this north and passes approximately 1 mile entitled proceeding; that the hearings case in OE Docket No. 63-CE-9 on Octo from the airports north of town and therein shall commence at 10 a.m. on ber 16,1963. approximately 2 miles from the pro April 28, 1965; and that a prehearing The structures would be located ap posed site. It provides a more appro conference shall be convened at 10 am. proximately 6.1 miles west of Eppley priate route for aircraft in this area. on March 19, 1965; And it is further or Field and would exceed the outer hori The collocation of the three structures dered,, That all proceedings shall be held zontal surface, as defined in § 77.25(c) (1) in this proposal is consistent with this in the Offices of the Commission, Wash of the Federal Aviation Regulations, as Agency’s policy of encouraging the ington, D.C. grouping of tall antennas wherever pos applied to this airport, by 1,066 feet. Released: February 24,1965. The study disclosed that the construc sible to reduce the overall effects of such tion of these towers would require the structures upon the navigable airspace. F ederal C ommunications following increases: Although there is no proposal before the C o m m is s io n , 1. From 3,000 feet to 3,500 feet in the Agency to establish an antenna farm [ s e a l ] B e n F . W a p l e , minimum en route altitude (M EA) for encompassing the sites of the three an Secretary. the segment of VOR Federal airway No. tennas in this proposal, it appears the [FJl. Doc. 65-2063; Filed, Feb. 26, 1965; (V ) 181 between Omaha VORTAC and area selected would meet the require 8:47 a.m.] the intersection of V181 and V138 north ments of an antenna farm area. west of Omaha. Based upon the aeronautical study, it 2. From 2,900 feet to 3,500 feet in the is the finding of the Agency that the [Docket No. 15668 etc.; FCC 65M-202] M EA and from 2,700 feet to 3,500 feet proposed structures would have no sub CHICAGOLAND TV CO. ET AL. in the minimum obstruction clearance stantial adverse effect upon aeronautical altitude (MOCA) on V138 between Neola operations, procedures, or minimum Order Granting Petition flight altitudes in the Omaha area. VORTAC and Washington Intersection. In re applications of Frederick B. Therefore, pursuant to the authority A minor realignment of the airway west Livingston and Thomas L. Davis, doing delegated to me by the Administrator ward from Neola VORTAC to provide - business as Chicagoland TV Co., Chicago, (§ 77.37), it is found that the proposed proper spacing and maintain the MEA HI., Docket No. 15668, File No. BPCT- structures would have no substantial ad and MOCA at 3,000 feet could be accom 3116; Warner Bros. Pictures, Inc., Chi verse effect upon the safe and efficient plished. cago, 111., Docket No. 15669, File No. utilization of navigable airspace and it 3. From 2,700 feet to 2,800 feet in the BPCT-3271; Chicago Federation of Labor is hereby determined that the proposed MOCA on the segment of V205W between and Industrial Union Council, Chicago, structures would not be hazards to air Omaha VORTAC and Blair Intersection. HI., Docket No. 15708, File No. BPCT- navigation provided that they are ob 4. From 2,700 feet to 2,900 feet in the 3439; for construction permit for new struction marked and lighted in accord holding pattern altitude at the outer television broadcast station. ance with Agency standards. marker compass locater (LOM ) of the The Chief Hearing Examiner having This determination is effective and instrument landing system (ILS) for under consideration a petition in behali will become final 30 days after the date Eppley Field. of the Chief of the Commission’s Broad of issuance unless an appeal is filed 5. From 2,600 feet to 2,900 feet in the cast Bureau, filed February 12,1965, that under § 77.39 (27 F.R. 10352). If the procedure turn altitude for the AL-304- portions of the hearings in the above- appeal is denied, the determination will ILS-RW Y14 and ADF-1 instrument ap entitled proceeding be held in Chicago, then become final as of the date of the proach procedures. HI., in lieu of Washington, D.C.; 6. From 2,700 feet to 2,900 feet in the denial or 30 days after the issuance of It appearing, that the petition is not the determination, whichever is later. transition altitude between the LOM opposed by any of the parties to the pro and Keg Intersection for the IL S - Unless otherwise revised or terminated, ceeding and that all consent to the im- a final determination hereunder will ex RW Y32(BC) procedure and between the mediate consideration thereof; Omaha VORTAC and LOM for the ILS- pire 18 months after its effective date or It appearing further, that, by order RWY14 and ADF-1 procedures. upon earlier abandonment of the con of January 22, 1965, the Commissions 7. The departure procedure shown in struction proposal (§ 77.41). Review Board added an issue to the pro the AL-304 instrument approach plates Issued in Washington, D.C., on Feb ceeding which involves a determination would require an increase from 2,200 feet ruary 23,1965. of whether the program proposal of Chi to 3,000 feet before proceeding in a west G eorge R. B o rsari, cagoland TV Co. “is specifically designed erly direction. Chief, and would be expected to serve a special 8. From 2,700 feet to 3,500 feet in the Obstruction Evaluation Branch. ized programming need and/or int®r" minimum safe altitude for the north est which is not being met by an existing west quadrant from the Omaha VORTAC [FJt. Doc. 65-2039; Filed, Feb. 26, 1965; 8:45 am .] non"; ' . . § and the southwest quadrant from the appearing further, according to w» LOM. •eau Chief’s allegations, that evidenc All of these increases or the altera ,ting to the programming issue afore- tion specified in item 2 could be accom plished without having a substantial ad FEDERAL COMMUNICATIONS itioned can be more effectively an verse effect upon IFR aeronautical op iiently adduced by convening sessions erations in the Omaha area. COMMISSION ;he hearings in Chicago rather tna ceeding by depositions there; and tna The study further disclosed that some [Docket Nos. 15856,15857; FCC 65M-225] degree of adverse influence upon visual ublic hearing in the area of Clucag flight rule (VFR) aeronautical opera CHAPMAN RADIO & TELEVISION CO. determine its specialized program' tions, by structures in this vicinity, AND ANNISTON BROADCASTING lg needs and/or interests and whetn would be unavoidable. An objection was CO. y are being met at the present tun > made to the proposal on behalf of traffic irds the residents of the area invoiv utilizing one of the main north-south Order Scheduling Hearing and opportunity to express themselves o streets through the city as a VFR route Prehearing Conference se important questions; when proceeding to the airports north In re applications of William A. Chap k appearing further, that good ca of town. Such aircraft, flying over the man and George K. Chapman doing busi Saturday, February 27, 1965 FEDERAL REGISTER 2623 ing and that field hearings in the above- proceeding; that the hearings therein 5. Bureau’s opposition points to the ab entitled proceeding are appropriate; shall commence at 10 a.m. on April 19, sence of showing of good cause as re It is ordered, This 17th day of Febru 1965; and that a prehearing conference quired by § 21.23(b) and to the absence ary 1965, that the petition is granted and shall be convened at 9 am . on March of engineering data (electrical inter that sessions of the hearings in the 17, 1965; And it is further ordered, That ference study) as to the feasibility of the above-entitled proceeding shall be held all proceedings shall be held in the Offices changes sought and compliance with the in Chicago, 111., with reference to the of the Commission, Washington, D.C. Commission’s rules as it appears that sta tions KMA612 and KMD984, both li following issue: “To determine whether Released: February 24,1965. the program proposal of Frederick B. censed to The Pacific Telephone & Tele Livingston and Thomas T j. Davis, d/b F ederal C ommunications graph Co., are operating cochannel as Chicagoland TV Co., is specifically C o m m is s io n , (152.57 mc/s) within interference range designed and would be expected to serve [ s e a l ] B e n F . W a p le , of Western’s proposed facilities. Bureau a specialized programming need and/or Secretary. furthermore points out that: (a) Amend interest which is not being met by an [F.R. Doc. 65-2066; Filed, Feb. 26, 1965; ments seeking changes in location and existing station.” 8:47 a.m.] changes in frequency, being major in nature, are subject to the provisions of Released: February 17, 1965. section 309(b) of the Communications F ederal C ommunications [Docket Nos. 15677, 15678; FCC 65M-205] Act of 1934, as amended, and § 21.27 of C o m m is s io n , WESTERN CALIFORNIA TELEPHONE the Commission’s rules; (b ) disposition [ seal] B e n F. W a p l e , CO. AND PACIFIC TELEPHONE & of applications in hearing, if amended so Secretary. as to require Public Notice, will be de TELEGRAPH CO. [F.R. Doc. 65-2064; Filed, Feb. 26, 1965; layed; and (c) if the applicants “are 8:47 a.m.] Memorandum Opinion and Order satisfied that the proposed amendment Continuing Prehearing Conference will eliminate the need for a comparative hearing”, return of the applications to [Docket No. 12865; FCC 65M-221] In re applications of Western Cali the processing line for appropriate con CHRONICLE PUBLISHING CO. fornia Telephone Co., Docket No. 15677, sideration should be requested. It is the (KRON-TV) File No. 4411-C2-P-64; for a construction further view of Bureau that close prox permit to establish new facilities in the imity to another station on the newly Order Scheduling Hearing Conference Domestic Public Land Mobile Radio proposed frequency may involve long de Service at Novato, Calif.; The Pacific lays in obtaining necessary terrain data In re application of Chronicle Publish Telephone & Telegraph Co., Docket No. (see § 21.15(1) of the Commission’s ing Co. (K R O N -TV), San Francisco, 15678, File No. 5775-C2-P-64; for a con rules), if not on file, from existing car Calif., Docket No. 12865, File No. B PC T - struction permit to modify the facilities riers (within 75 miles) and thus keep 2168; for construction permit to increase of station KMA745 in the Domestic Public solution of the comparative problem un antenna height. Land Mobile Radio Service at San duly in abeyance. Delays in hearing so The Commission upon reconsideration Francisco, Calif. engendered raise, in Bureau’s opinion, by Memorandum Opinion and Order 1. On February 8, 1965, the applicants “a substantial question of propriety” as (FCC 65-98) released February 11, 1965, filed a joint petition for leave to amend they deny “other potential applicants granted without hearing the application the application of Western California and the public the use of the subject of American Broadcasting-Paramount Telephone Co. (Western). No amend frequencies.” In view of the foregoing, Theatres, Inc. (K G O -T V ). Through this ment was tendered with the petition. On Bureau urges denial of the joint petition Commission action there remains only February 17, 1965, the Commission’s “without prejudice to a recasting of the one applicant in this proceeding, namely, Common Carrier Bureau (Bureau), the motion to overcome the [stated] Chronicle Publishing Co. (K R O N -T V ), only other party to the proceeding, filed objections." and therefore it is appropriate that a an opposition thereto. 6. The Hearing Examiner shares hearing conference should be held 2. At applicants’ requests prehearing herein: Bureau’s views as set forth hereinabove. conference herein was continued twice The fact alone that no amendment was Accordingly, ft is ordered, This 23d day because of negotiations carried on in an tendered with the joint petition requires of February 1965, that there will be a attempt to settle the conflict of the ap its denial. The denial will, however, be on March 31, 1965, hearing conference plications without hearing (see Hearing without prejudice to resubmission to 10 a.m., in the Commission’s Offices, Examiner’s Orders released December 17, gether with the tender of an appropriate Washington, D.C. 1964 (FCC 64M-1258), and January 18, amendment. If to be resubmitted with Released: February 23,1965. 1965 (FCC 65M-63)). February 26, in the period to be set forth hereinafter, 1965, is the presently scheduled date for Western should take into consideration F ederal C ommunications prehearing conference. the nature of the objections properly ad Co m m is s io n , 3. Western seeks amendment of its ap [ seal] B e n F. W a ple , plication “by changing the requested base vanced by Bureau. Secretary. station frequency * * * from 152.54 Accordingly, it is ordered, This 17th [F.R. Doc. 65-2065; Filed, Feb. 26, 1965; MC/s to 152.57 MC/s, and in other day of February 1965, that the subject 8 :47 a.m.] respects.” joint petition is denied without prejudice 4. The joint petition, submitted pur to applicants’ rights to resubmit said joint petition, together with the proffer [Docket Nos. 15854,15855; FCC 65M-224] suant to § 21.23(b)1 of the Commission’s rules, states in support that the requested of an appropriate amendment by West 5 KW INC. AND MARIETTA amendment “will eliminate harmful in ern, not later than 30 days after the re BROADCASTING CO. terference that would result from simul lease of this Memorandum Opinion and taneous operations on the common base Grder Scheduling Hearing and Order. station frequency 152.54 mc/s” and that It is further ordered, That the pre- such elimination “will permit the con Prehearing Conference hearing conference, presently scheduled sideration of the amended [application] MS otr,e applications of 5 KW , Inc by the Commission without hearing.” for 11 a.m., February 26, 1965, is con No f t Docket No. 15854, Fi] As previously noted, no amendment was tinued to 11 a.m., April 2,1965. R William G- Wells an tendered with the subject joint petition. Released: February 18, 1965. M ariiÏÏ0r£ Guyer doing business a Ohio ^ broadcasting Co., Marietti F ederal C ommunications i This subsection reads as follows: 4561- ^?Cket No’ 15.855’ File No, BPH C o m m is s io n , it io constrdction permits. (b) Requests to amend an application after [ s e a l ] B e n F. W a p le , it has been designated for hearing will be Secretary. 1965 fv, f Th*s 23d day of Februar considered only upon written petition prop the nro c iBaSi P - Cooper shall serve a erly served upon the parties of record, and [F.R. Doc. 65-2067; Filed, Feb. 26, 1965; ding officer in the above-entitle will be granted only for good cause shown. 8:47 a.m.] No. 39____ 7 2624 NOTICES [Docket No. 15795; FCC 65M-223] located in the Port area of the City of Interested parties may inspect and ob UNITED BROADCASTING CO., INC. Oakland, Calif., the improvement of said tain a copy of the agreement(s) at the property and the construction of two Washington office of the Federal Mari Order Continuing Hearing and Sched cranes on said property. The agreement time Commission, 1321 H Street NW„ uling Prehearing Conference provides that Sea-Land shall use said Room 301; or may inspect agreements at premises for receiving and delivering the offices of the District Managers, New In re application of United Broadcast freight and parking its vehicles while York, N.Y., New Orleans, La., and San ing Co., Inc., Docket No. 15795, File No. awaiting shipment. The Port reserves Francisco, Calif. Comments with refer BR-1104; for renewal of license of Sta the right to use the premises for berthing ence to an agreement including a request tion W OOK, Washington, D.C. vessels, loading or discharging cargoes, for hearing, if desired, may be submitted Agreements having tentatively been and incidental operations provided such to the Secretary, Federal Maritime Com reached as reflected in the record of the use does not unreasonably interfere with mission, Washington, D.C., 20573, within prehearing conference held today in this Sea-Land’s operation. In the event of 20 days after publication of this notice proceeding: It is ordered, This 23d day of such secondary use by the Port, all ter in the F ederal R eg ister . A copy of any February 1965, that the hearing sched minal charges therefore shall accrue to such statement should also be forwarded uled to commence on March 22, 1965 is the Port. Sea-Land agrees to pay to the to the party filing the agreement (as in hereby rescheduled for 10 a.m. on April Port all dockage, wharfage, rental of dicated hereinafter) and the comments 30, 1965 and that a further prehearing Port-owned cranes, wharf demurrage, should indicate that this has been done, conference will be held at 10 a.m. on wharf storage and all other charges Notice of agreement filed for approval March 23, 1965 to consider such matters which accrue under the Port’s tariff, sub by: as have developed from an informal ex ject to a minimum annual payment of Mr. Howard C. Adams, Vice President, Pa change of material between the parties $450,000 and a maximum annual pay cific Far East Line, Inc., 918 16th Street and to make further procedural arrange ment of $550,000. Sea-Land agrees that NW., Washington, D.C., 20006. ments. if it should publish a schedule of ter Agreement 9425 between Pacific Par minal charges for services it performs, Released: February 24,1965. East Line, Inc. (initial carrier), and Ka all such charges shall be identical to the wasaki Kisen Kaisha, Ltd. (delivering F ederal C ommunications charges published in the Port’s tariff. carrier), covers a through billing ar C o m m is s io n , The Port reserves the right to adjust the rangement on general cargo from ports [ s e a l ] B e n F. W a p l e , minimum and maximum compensations of the initial carrier on the West Coast of Secretary. prior to the beginning of the 5th, 10th, the United States, with transhipment [F.R. Doc. 65-2068; Filed,.Feb. 26, 1965; and 15th year of the term of the agree 8:47 a.m.]- at Yokohama, Kobe, or Nagoya, Japan, ment. Certain of the property covered to the delivering carrier for discharge at by this agreement is the subject matter Fremantle and/or other ports in Western of Federal Maritime Commission Agree Australia. This agreement provides for ment No. T-5, between the same parties, the apportionment of transhipment ex FEDERAL MARITIME COMMISSION currently under litigation in Federal penses stated in percentages in accord Maritime Commission Docket No. 1129. ance with the terms and conditions set CITY OF OAKLAND AND SEA-LAND Agreement No. T-1768 provides that in forth therein. OF CALIFORNIA, INC. the event the Commission approves Agreement No. T-5, or determines that Dated: February 24rl965. Notice of Agreement Filed for it is not subject to its jurisdiction, the By order of the Federal Maritime Com Approval property covered by Agreement No. T-5, mission. ~ shall be withdrawn from the present Notice is hereby given that the follow T h o m as L isi, agreement and the annual minimum and Secretary. ing Agreements have been filed with the maximum payments under the present Commission for approval pursuant to agreement shall be reduced by $147,000 [F.R. Doc. 65-2062; Filed, Feb. 26, 1965; section 15 of the Shipping Act, 1916, as per annum for each year Agreement No. 8:46 a.m.] amended (39 Stat. 733, 75 Stat. 763, 46 T-5 remains in effect. The minimum U.S.C. 814). and maximum payments in the present Interested parties may inspect and ob agreement are based upon total esti JAPAN-ATLANTIC AND GULF tain a copy of the agreement(s) at the mated costs of the proposed improve FREIGHT CONFERENCE Washington office of the Federal Mari ments and construction of the cranes. time Commission, 1321 H Street NW., In the event that such estimated costs Notice of Agreeement Filed for Room 301; or may inspect agreements exceed or are less than the total esti Approval at the offices of the District Managers, mated cost, the minimum and m axim um Notice is hereby given that the follow New York, N.Y., New Orleans, La., and annual payments shall be adjusted in San Francisco, Calif. Comments with ing Agreements have been filed with the accordance with a formula set forth in Commission for approval pursuant to reference to an agreemeht including a the agreemeht. request for hearing, if desired, may be section 15 of the Shipping Act, 1916, as submitted to the Secretary,. Federal Dated: February 24,1965. amended (39 Stat. 733, 75 Stat. 763, 46 U.S.C. 814). Maritime Commission, Washington, D.C., By order of the Federal Maritime 20573, within 20 days after publication Interested parties may inspect and ob Commission. tain a copy of the agreement (s) at the of this notice in the F ederal R eg ist e r . T h o m a s L i s i , Washington office of the Federal Mari A copy of any such statement should also Secretary. time Commission, 1321 H Street NW., be forwarded to the party filing the Room 391; or may inspect agreements at agreement (as indicated hereinafter), [F.R. Doc. 65-2061; Filed, Feb. 26, 1965; 8:46 a.m.] the offices of the District M anagers, New and the comments should indicate that York, N.Y., New Orleans, La., and San this has been done. Francisco, Calif. Comments with refer Notice of agreement filed for approval PACIFIC FAR EAST LINE, INC. AND ence to an agreement including a request by: KAWASAKI KISEN KAISHA, LTD. for hearing, if desired, may be sub C. H. Wheeler, Attorney for Sea-Land of Cali mitted to the Secretary, Federal Mari" fornia, Inc., Post Office Box 1050, Elizabeth, Notice of Agreement Filed for time Commission, Washington, N.J. Approval 29573, within 29 days after publication Agreement No. T-1768, between the Notice is hereby given that the follow of this notice in the F ederal R egister. City of Oakland (Port) and Sea-Land of ing Agreements have been filed with the A copy of any such statement should als California, Inc. (Sea-Land) provides for Commission for approval pursuant to be forwarded to the party filing t a twenty (20) year nonexclusive prefer section 15 of the Shipping Act, 1916, as agreement (as indicated hereinafter ential assignment to Sea-Land of Berths amended (39 Stat. 733, 75 Stat. 763, 46 and the comments should indicate tn 8 and 9 and certain adjacent property, U.S.C. 814). this has been done. Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2625 Notice of agreement filed for approval (a); 25(a) (2), (3), and (4); 25(b) (1) mon Stock, had been tendered to appli by: and (3); 25(f) (1), (3), (4), and (5) as cant pursuant to the approved Plan. Mr, c. A. Dole, Jr., Chairman, Japan-Atlantlc set forth therein. By letter dated January 22, 1965, the State Corporation Commission of the and Gulf Freight Conference, Kindai Bldg., Dated: February 26,1965. 11, 3-Chome Kÿobashi, Chuo-Ku, Tokyo, Commonwealth of Virginia advised the Japan. By order of the Federal Maritime Commission that the applicant had been Commission. Agreement 3103-26 between the mem dissolved on August 5, 1963, having rep ber lines of the Japan-Atlantic and Gulf T h o m a s L i s i , resented that all debts, taxes, obligations Secretary. Freight Conference modifies Articles 10 and liabilities had been paid and dis and 25 of the basic conference agree [F.R. Doc. 65-2180; Filed, Feb. 26, 1965; charged (or adequate provision made ment. The affected articles govern the 11:01 am .] therefor) and all remaining assets had method by which the conference polices been distributed to shareholders in ac the obligations of its member lines. The cordance with their respective rights and stated purpose of the modification is to interests. achieve optimum clarity, effectiveness SECURITIES AND EXCHANGE Notice is further given that any in and fairness by making certain additions terested person may, not later than to and changes in the language of Arti March 12, 1965, at 5:30 p.m. submit to COMMISSION the Commission in writing a request for cles 10(a); 25(a) (2), (3) and (4 ); [File No. 811-233] 25(b) (1) and (3 ); and 25(f) (1), (3), a hearing on the matter accompanied (4), and (5) as set forth therein. SECURITIES CORPORATION GENERAL by a statement as to the nature of his interest, the reason for such request and Dated: February 26, 1965. Notice of Application for Order De the issues of fact or law proposed to be By order of the Federal Maritime claring Company Has Ceased To Be controverted, or he may request that he Commission. an Investment Company be notified if the Commission shall order T h o m a s L i s i , a hearing thereon. Any such communi Secretary. F e b r u a r y 23,1965. cation should be addressed: Secretary, Notice is hereby given that an applica Securities and Exchange Commission, [P.R. Doc. 65-2179; Filed, Feb. 26, 1965; 11:01 a n .] tion has been filed pursuant to section Washington, D.C., 20549. A copy of such 8(f) of the investment Company Act of request shall be served personally or by 1940 (“Act”) for an order of the Commis mail (airmail if the person being served TRANS-PACIFIC FREIGHT CONFER sion declaring that Securities Corpora is located more than 500 miles from the ENCE OF JAPAN tion General, Suite 2912, 70 Pine Street, point of mailing) upon applicant at the New York 5, N.Y. (“applicant”), a Vir address stated above. Proof of such Notice of Agreement Filed for ginia corporation and a closed-end, non- service (by affidavit or in case of an at- Approval diversified, management investment tomey-at-law by certificate) shall be company registered under the Act, has filed contemporaneously with the re Notice is hereby given that the follow ceased to be an investment company. quest. At any time after said date, as ing Agreements have been filed with the All interested persons are referred to the provided by Rule 0-5 of the rules and Commission for approval pursuant to sec application on file with the Commission regulations promulgated under the Act, tion 15 of the Shipping Act, 1916, as for a full statement of the representa an order disposing of the application amended (39 Stat. 733, 75 Stat. 763, 46 tions therein which are summarized herein may be issued by the Commission U.S.C.814). . . : — below. upon the basis of the information stated Interested parties may inspect and ob Applicant filed a notification of regis in said application, unless an order for tain a copy of the agreement (s) at the tration on Form N-8A pursuant to sec hearing upon said application shall be Washington office of the Federal Mari tion 8(a) of the Act on November 1, issued upon request or upon the Com time Commission, 1321 H Street NW., 1940. Applicant was organized on Feb mission’s own motion. Room 301; or may inspect agreements at ruary 21, 1912 under the laws of the For the Commission (pursuant to the offices of the District Managers, New Commonwealth of Virginia. On Sep delegated authority). York, N.Y., New Orleans, La., and San tember 13, 1962 at a special meeting of Francisco, Calif. Comments with ref stockholders, a Plan of Complete Disso [ s e a l ] O rval L . D u B o is , erence to an agreement including a re lution and Liquidation (“Plan”) was ap Secretary. quest for hearing, if desired, may be sub proved by more than a two-thirds vote. mitted to the Secretary, Federal M ari- [F.R. Doc. 65-2041; Filed, Feb. 26, 1965; The Plan provided that (i) all creditors 8:45 a.m.] J“ ® Commission, Washington, D.C., were to be paid in full; (ii) the liquida ¿0573, within 20 days after publication of tion preference of the Preferred Stock, wiis notice in the F ederal R e g ist e r . „ A amounting to par plus dividends accrued copy of any such statement should also to September 30, 1962 (the date of the FEDERAL POWER COMMISSION oe forwarded to the party filing the final dividend accrual) were to be paid in ^eement (as indicated hereinafter) full, and (ill) the holders of Common [Docket No. RI65-506, etc.] comments should indicate that Stock were to receive an initial liquidat HARPER OIL CO. ET AL. mis has been done. ing dividend of four-tenths of a share of ^Notice of agreement filed for approval Dynamics Corp. of America for each Order Providing for Hearings on and share of applicant’s Common Stock out Suspension of Proposed Changes in ¿.fj" C^Oette, Chairman, Trans-Pacific standing. All other securities held by Rates 1 i i r l Confererice of Japan, Kindai Bldg., the applicant were to be sold and the pro F e b r u a r y 18,1965. Japan h0me Kyobashi> Chuo-Ku, Tokyo, ceeds, if any, remaining after payment of all obligations were to be distributed to The Respondents named herein have filed proposed increased rates and 150-29 between the member applicant’s shareholders no later than nes of the Trans-Pacific Freight Con- September 13, 1963. After the 1-year charges of currently effective rate schedules for sales of natural gas under 25 nfCe+£* Japa^1 modifies Articles 10 and period of liquidation the balance of any Commission jurisdiction, as set forth The kasic conference agreement, funds on hand was to be deposited with the Marine Midland Trust Co. of New below. bv »frv»* ?c^ed articles govern the method York to be held for such period of time The proposed changed rates and eafwfCh^ e conference polices the obli- as might be necessary under the statute charges may be unjust, unreasonable, Pun ?n l°V i member Unes. The stated of limitations to bar later claims, after unduly discriminatory, or preferential, which any remaining funds were to or otherwise unlawful. nessopt^urn h V rclaritv L ,. y’ °effectiveness e ^ C«ti0n iS t0 and achieVe fair- escheat. On October 29, 1962, 85 per changes ?ertain additions t0 and cent of the applicant’s Preferred Stock 1 Does not consolidate for hearing or dis m the language of Articles 10 and 95 percent of the applicant’s Com pose of the several matters herein. 2626 NOTICES The Commission finds: It is in the pub held concerning the lawfulness of the position of these proceedings or expira lic interest and consistent with the Nat proposed changes. tion of the suspension period. ural Gas Act that the Commission enter (B) Pending hearings and decisions (D ) Notices of intervention or peti upon hearings regarding the lawfulness thereon, the rate supplements herein are tions to intervene may be filed with the of the proposed changes, and that the suspended and their use deferred until Federal Power Commission, Washing supplements herein be suspended and date shown in the “Date Suspended ton, D.C., 20426, in accordance with the their use be deferred as ordered below. Until” column, and thereafter until rules of practice and procedure (18 CFR The Commission orders: made effective as prescribed by the Nat 1.8 and 1.37(f)) on or before April l, (A ) Under the Natural Gas Act, parural Gas Act. 1965. ticularly sections 4 and 15, the regula (C) Until otherwise ordered by the By the Commission. tions pertaining thereto (18 CFR Ch. I ), Commission, neither the suspended sup and the Commission’s rules of practice plements, nor the rate schedules sought [ s e a l ] J o s e p h H. G u t r i d e , and procedure, public hearings shall be to be altered, shall be changed until dis Secretary. Effective Cents per Mcf Rate in Sup Amount Date date Date effect sub Docket Respondent sched ple Purchaser and producing of annual filing Unless sus ject to No. ule ment area increase tendered sus- pended Rate in Proposed refund in No. No. pended until— effect increased . docket rate Nos. RI65-506__ Harper Oil Co. (Opera 2 3 E l Paso Natural Gas Co. . $1,710 1-28-65 2 3- 1-65 8- 1-65 « 15 5599 * 4 « 16.6050 RI60-200. tor), et al., 904 High (Drinkhard Field. Lea tower Bldg., Oklahoma County, N . Mex.) City, Okla. Attn: * (Permian Basin Area). M r. Jack Duncan. RI65-507... Edwin L . Cox, 2100 8 9 Natural Gas Pipeline Co: 170 1-21-65 23-21-65 8-21-65 « 17.6 * 4 • 17.8 RI64-6Í0, Adolphus Tower, of America (Camric Dallas, Tex., 75202. Field, Texas County, Okla.) (Panhandle Area). Edwin L. Cox ...... 15 9 Panhandle Eastern Pipe 171 1-21-65 2 3-21-65 8-21-65 17.4 * 417.6 RI64-610. Line Co. (Texas County, Okla.) (Panhandle Area). RI65-608__ Edwin L. Cox (Opera 19 > 7 Natural Gas Pipeline Co. 48 1-21-65 8 3-21-65 8-21-65 «17.6 * 4 « 17.8 RI64-611. tor), et al. of America (Beaver County, Okla.) (Pan handle Area). RI65-609... Shell Oil Co., 50 West 85 5 Colorado Interstate Gas 32,649 1-26-65 2 2-26-65 7-26-65 *15.0 4 7 8 17.0 50th St., N ew York 20, Co. (Keyes Field, Texas N.Y. County, Okla.) (Pan handle Area). RI65-510... Lario Oil & Gas Co., 301 15 3 Colorado Interstate Gas 1,151 1-25-65 »2-25-65 7-25-65 • 12.5 84 « 13.5 RI60-404, South Market St., Co. (Hugoton Field, Wichita, Kans., 67202. Kearny County, Kans.). RI65-511__ Walters Drilling Co. 1 2 Cities Service Gas Co. 1,500 1-25-65 «2-25-65 7-25-65 • 13.0 4 • 214.0 RI62-322. (Operator), et al., 510 (Northwest Sharon Orpheum Bldg., Field, Barber County, Wichita, Kans., 67202. Kans.). RI65-512... Bonray Oil Co., 1361 1 5 Cities Service Gas Co. 1,000 1-25-65 »2-25-65 7-25-65 « i» 13.0 3 4 6 10 14. 0 RÍ61-185. First National Bldg., (Leisure Lease, Eureka Oklahoma City 2, Field, Grant County, Okla. Okla.) (Oklahoma “ Other” Area). RI65-513- . Bonray Oil Co. (Opera 2 1 Cities Service Gas Co. 3,000 1-25-65 »2-25-65 7-25-65 • » 13.0 s 4 « 1114.0 tor), et al. (Homing Lease, West . Mount Zion Field, Grant County, Okla.) (Okla homa “ Other” Area)...... do...... 3 2 Cities Service Gas Co. 200 1-25-65 »2-25-66 7-25-66 « » 13.0 3 4 6 It 14. 0 (Ransom Lease, West Mount Zion Field, Grant County, Okla.) (Okla homa “ Other” Area). RI65-514. . Helmerich & Payne, Inc. 24 3 Cities Service Gas Co. 4,468 1-25-65 2 2-25-65 7-25-65 «13.0 » 4 « 14.0 G-20553. (Operator), et al., 21st (Northeast Clyde Field, at Utica, Tulsa, Okla. Grant County, Okla.) (Oklahoma “ Other” Area). RI65-515- . Helmerich & Payne, Inc. 36 5 .___-do_^_...... 1,696 1-25-65 2 2-25-65 7-25-65 « 12.0 4 e 1814.0 et al. RI65-516- . Fred W. Shield, 1442 8 5 Trunkline Gas Co. (Heard 12,171 1-28-65 »2-28-65 7-28-65 13 14 14. 6 3 4 15.6 Milam Bldg., San Ranch Field, Bee Antonio, Tex., 78205. County, Tex.) (R .R . District No. 2). RI65-517. . Standard Oil Co. of 31 2 Transcontinental Gas Pipe 26,307 2- 1-65 2 3- 4-65 8- 4-65 » 14.189 3 4 15.2025 Texas, a Division of Line Corp. (Washburn 7,657 »« 13.68225 14.69575 California Oil Co., Post Ranch Area, LaSalle Office Box 1249, Hous County, Tex.; Henry, ton, Tex., 77001. South Tilden, and South east Dilworth Area, McMullen County, Tex.) (R .R . District No. 1). 2 The stated effective date is the effective date requested by Respondent. w Includes 0.75 cent per M cf deducted by buyer for dehydration and 1.5 cents p« 3 Periodic rate increase. M cf deducted by buyer for compression. 4 Pressure base is 14.65 p.s.i.a. n Includes 0.75 cent per M cf deducted by buyer for dehydration, * Subject to reduction of 0.4467 cent per M cf for compression of low pressure gas w Two-step periodic rate increase. (below 600 p,s.i.g.). is Settlement price per order issued M ar. 10,1961. , , ...„put « Subject to downward B.t.u. adjustment. 14 Settlement Offer approved after Second Amendment to Commission s otaie i Renegotiated rate increase. of General Policy No. 61-1 was issued. « Subject to upward and downward B.t.u. adjustment. H For sales of gas produced in M cM ullen County. » The stated effective date is the first day after expiration of the required statutory 18 For sales of gas produced in LaSalle County. notice. Lario Oil & Gas Co. requests that its pro creases. Good cause has not been shown levels for increased rates as set forth in t ® posed increased rate be permitted to become for waiving the 30-day notice requirement Commission’s Statement of General P° c effective as of February 1,1965; Walters Drill provided in section 4 (d ) of the Natural Gas No. 61-1, as amended (18 CFR, Ch. I, ||| ing Co. (Operator), et al., request an effec Act to permit earlier effective dates for the tive date of February 23, 1965; Bonray Oil aforementioned producers’ rate filings and Sec. 2.56). Co., Bonray Oil Co. (Operator), et al., and such requests are denied. (F.R. Doc. 65-1975;' Filed, Feb. 26, l065, Fred W. Shield request an effective date of All of the proposed increased rates and January 1, 1965, for their proposed rate in- charges exceed the applicable area price 8:45 aon.] Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2627 [Docket No, RI65—502, etc.] The Commission orders: Act and § 154.102 of the regulations (A ) Under the Natural Gas Act, par thereunder, accompanied by a certifi R & G DRILLING CO., INC., ET AL. ticularly sections 4 and 15, the regulations cate showing service of a copy thereof Order Providing for Hearing on and pertaining thereto (18 CFR, Ch. I ), and upon the purchaser under the rate sched Suspension of Proposed Change in the Commission’s rules of practice and ule involved. Unless Respondent is ad procedure, a public hearing shall be held vised to the contrary within 15 days after Rate, and Allowing Rate Change concerning the lawfulness of the pro the filing of its agreement and undertak To Become Effective Subject to Re posed change. ing, such agreement and undertaking fund (B ) Pending hearing and decision shall be deemed to have been accepted. F e b r u a r y 18,1965. thereon, the rate supplement herein is (C) Until otherwise ordered by the Respondent named herein has filed a suspended and its use deferred until date Commission, neither the suspended sup proposed change in rate and charge of a shown in the “Date Suspended Until” plement, nor the rate schedule sought to currently effective rate schedule for the column, and thereafter until made effec be altered, shall be changed until dis sale of natural gas under Commission tive as prescribed by the Natural Gas position of this proceeding or expiration jurisdiction, as set forth below. Act: Provided, however, That the sup of the suspension period. The proposed changed rate and charge plement to the rate schedule filed by (D ) Notices of intervention or peti may be unjust, unreasonable, unduly dis Respondent shall become effective sub tions to intervene may be filed with the criminatory, or preferential, or otherwise ject to refund on the date and in the Federal Power Commission, Washing unlawful. manner herein prescribed if within 20 ton, D.C., 20426, in accordance with the The Commission finds: It is in the pub days from the date of the issuance of this rules of practice and procedure (18 CFR lic interest and consistent with the Natu order Respondent shall execute and file 1.8 and 1.37(f)) on or before April 1, ral Gas Act that the Commission enter under its above-designated docket num 1965. ber with the Secretary of the Commis upon a hearing regarding the lawfulness By the Commission. of the proposed change, and that the sup sion its agreement and undertaking to plement herein be suspended and its use comply with the refunding and reporting [ s e a l] J o s e p h H. G u t r id e , be deferred as ordered below. procedure required by the Natural Gas Secretary. Effective Cents per M cf Rate in Rate Sup- Amount Date date Date effect sub* Docket Respondent sched- pie- Purchaser and producing ‘ of annual filing unless SUS- ject to No. ule ment area increase tendered •SUS- pended Rate in Proposed refund in No. No. pended until— effect increased docket rate Nos. RI65-502... R& G Drilling C o , Inc. 2 7 E l Paso Natural Gas Co. $500 1-21-65 9 2-21-65 *2-22-65 *14.0 **•*14.2500 RI65-204. (Operator), et a l, 12 (Basin-Dakota and West 72d S t, New Bianco-Mesa Verde York, N . Y , 10023. Fields, San Juan Attn: Mr. William C. County, N . Mex.) (San Russell. Juan Basin Area). R I65-S 03__ Lario Oil & Gas C o , 301 18 1 Colorado Interstate Gas 257 1-25-65 92-25-65 *2-26-65 «* 12.5 • 9 w 13.5 South Market S t, Co. (Hugoton Field, V Wichita, Kans, 67202. Seward County, Kans.). Lario Oil & Gas Co__ 17 2 Cities Service Gas Co. (Ils, 5,282 1-25-65 92-25-65 *2-26-65 “ 13.0 « 9 1014.0 Southwest Field, Barber County, Kans.). RI65-504... D. W. Skinner (Opera- 3 1 Cities Service Gas Co. 480 1-25-65 » 2-25-65 *2-26-65 « 13.0 * 919 14.0 tor), et a l. Post Office (Boggs Field, Barber Box 126, Medicine County, Kans.). Lodge, Kans. RI65-505... Bonray Oil Co. (Opera- 4 1 Cities Service Gas Co. 1,000 1-25-65 92-25-65 *2-26-65 1» » 13.0 8 9 10 U 14, 0 tor), et a l, 1361 First (Coulter Lease, West National B ldg, Okla- Mount Zion Field, Grant homa City 2, Okla. County, Okla.) (Okla _ homa “ Other” Area). notice6 efl®ctive date is the 1st day after expiration of the required statutory School Tax, which was protested by E l Paso Natural Gas Co. by letter dated January 28,1965. 4 rHj® suspension period is Umited to 1 day. * Periodic rate increase. of la n S ? - , urs??5n*' rate. increase. (Tax reimbursement computed on base rate 9 Pressure base is 14.65 p.s.i.a. 5 Pressure hase is 15e^ VSiv-e °* L 0 cent per Mcf minimum guarantee for liquids.) 10 Subject to a downward B.t.u. adjustment. 11 The stated effective date is the effective date requested by Respondent. 7 S ® l-0 ®®nJ Per Mcf minimum guarantee for liquids. M Includes 0.75 cent per Mcf deducted by buyer for dehydration. ■uiuuoes partial reimbursement for full 2.55 percent N ew Mexico Emergency DrUlinS Co, Inc. (Operator), et percent, is expected to file a protest with 1965, the date of expiration of the statutory Lario & Gas Co. (Lario) respect to the tax reimbursement portion of notice. their Pr°P°sed rate increases this rate increase. El Paso questions the The contracts related to the rate filings rm ^T1 , to become effective as of P right of R&G under the tax reimbursement of Lario, D. W. Skinner (Operator), et al„ and et ¿7 h 1965‘ Bonray Oil Co. (Operate clause to file a rate increase reflecting tax Bonray were executed subsequent to Sep JanuaiL ^nr,aJ^ ’ rb^uest an effective date reimbursement computed on the basis of an tember 28, 1960, the date of issuance of the crea ^ i’ I?65» for their proposed rate increase in tax rate by the New Mexico Leg Commission’s Statement of General Policy waivin',, cause has not been shown islature in excess of 0.55 percent. While No. 61-1, as amended, and the proposed in vjded in 0x6.,90~day notice requirement p El Paso concedes that the New Mexico tax creased rates are above the applicable area to peimft ° V (d) °f the Natural Gas . legislation effected a higher rate of at least ceiling for increased rates but do not exceed aforemlmti eartier effective dates for 0.55 percent, it claims there is controversy the applicable ceiling price for initial rates : producers’ rate filings e as to whether or not the new legislation suen requests are denied. in the area involved. In this situation, we effected an increased tax rate in excess of believe that these producers’ rate increases partial ¿ncrease ^ e d by R&G inclu 0.55 percent. Under the circumstances, we should be suspended for 1 day from the date cent Newe»iab-Urseinent for the ful1 2.55 p shall provide that the hearing provided for shown in the effective date column. was i n i ^ exico Emergency School Tax wh herein for R&G’s rate filing shall concern The proposed increased rates and charges cent on fr° m 2 0 Percent to 2.55 p itself with the contractual basis as well as exceed the applicable price levels for in Natural ru?** } ' 1963' The buyer, El P; the statutory lawfulness of R&G’s proposed creased rates as set forth in the Commission’s with its rmu CO‘ ^E1 Pas°)> in accordai increased rate which El Paso has or will Statement of General Policy No. 61-1, as proDosin«^1- 7 ° f Protesting all tax fill] protest. Since the increase reflects tax re amended (18 CFR, Ch. I, Pt. 2, Sec. 2.56). E S S * reunbursement for the New M imbursement, the suspension period may be [F.R. Doc. 65-1977; Filed, Feb. 26, 1965; 0 U r g e n c y School Tax in excess of C shortened to one day from February 21, 8:45 ajm.] 2628 NOTICES from tornado and accompanying condi Provided, however, That the aforesaid HOUSING AND HOME tions occurring on or about February 11, specification shall be effective in respect 1965. to particular cases of the classes named FINANCE AGENCY Office on and after the date of service of a rec Small Business Administration Regional Of ommended order of a hearing examiner REGIONAL ADMINISTRATOR, REGION fice, 2030 First Avenue North, Birmingham, or joint board, in such a case, or the VI (SAN FRANCISCO) Ala., 35203. effective date of this order, whichever date is later: And provided further, Redelegation of Authority With Re 2. A temporary office will be estab That this specification shall not apply spect to Certain Claims Held by lished in Aliceville, Ala., address to be announced locally. to (a) cases which on the effective date Secretary of Interior Under Alaska 3. Applications for disaster loans un hereof are under active consideration by Public Works Act der the authority of this Declaration Division 3, or (b) any case which has been consolidated for the purpose of an The Regional Administrator, Region VI will not be accepted subsequent to Au examiner’s report and recommended or (San Francisco), Housing and Home Fi gust 31, 1965. der with a case not delegated to the said nance Agency, in carrying out the func Dated: February 16, 1965. board. tions of the Secretary of the Interior un Ross D . D a v is , It is further ordered, That this order der section 5 of the Alaska Public Works Executive Administrator. supersedes the order entered herein on Act, as amended (63 Stat. 628, as December 20, 1961, as of the effective amended, particularly by Public Law [F E . Doc. 65-2022;. Filed, Feb. 26, 1965; date hereof, which prior order shall nev 88-229; 48 U.S.C. 486c), is hereby author 8:45 a.m.] ertheless remain in effect as to disposi ized: tion of cases heretofore designated to 1. To collect, compromise, or release said board. any claim against or obligation of an And it is further ordered, That this Alaska public body held by the Secretary INTERSTATE COMMERCE order shall be effective on March 1,1965. of the Interior in connection with a Fed eral agreement providing public works COMMISSION Dated at Washington, D.C., this 19th for such public body. SPECIFICATION OF TYPES OF CASES day of February A.D. 1965. 2. To redelegate to the Director for IN RESPECT OF WHICH DETERMI By the Commission, Commissioner Northwest Operations, Region VI, at Se Tuggle. attle, Wash., any of the authority herein NATIONS MAY BE MADE BY THE redelegated. FINANCE REVIEW BOARD [ s e a l ] B ertha F. A rmes, (Delegation of authority from Secretary of It appearing, that Item 7.6(d) of the Acting Secretary. Interior to Housing and Home Finance Ad Organization Minutes of the Commis [F.R. Doc. 65-2058; Filed, Feb. 26, 1965; ministrator effective April 17, 1964 (29 F.R. sion (26 F.R. 4773,10991, and 12789) del 8:46 ajn .] 5516, April 24, 1964)) egates to the Finance Review Board au thority to determine matters in proceed Effective as of the 1st day of February FOURTH SECTION APPLICATIONS 1965. ings under the provisions of law set forth in Item 4.4 thereof in cases or types FOR RELIEF [ s e a l ] R obert C. W eaver, of cases specified from time to time by Housing and Home F ebr u a r y 24,1965. the Chairman of Division 3 of the Com Finance Administrator. Protests to the granting of an applica mission, which have involved (other than tion must be prepared in accordance with [F.R. Doc. 65-2049; Filed, Feb. 26, 1965; by the board) the taking of testimony at Rule 1.40 of the general rules of practice 8:46 a.m.] a public hearing or the submission of (49 CFR 1.40) and filed within 15 days evidence by opposing parties in the form from the date of publication of this notice of affidavits: in the F ederal R e g ist e r . It is ordered, That the following types SMALL BUSINESS ADMINISTRA of cases, limited to those which have L o n g - a n d -S h o r t H aul TION involved the taking of testimony at a FSA No. 39594— Joint motor-rail public hearing or the submission of evi (Declaration of Disaster Area 504] rates— Eastern Central. Filed by The dence by opposing parties in the form of Eastern Central Motor Carriers Associa ALABAMA affidavits, are specified in respect of tion," Inc., agent (No. 309), for inter which determinations may be made by Declaration of Disaster Area ested carriers. Rates on various com the said Finance Review Board: modities moving on class and commodity Whereas, it has been reported that (a) Proceedings under section 1 (18) rates over joint routes of applicant rail during the month of February 1965, be to (20), inclusive, relating to certificates and motor carriers, between points in cause of the effects of certain disasters, of public convenience and necessity; middle Atlantic and New England terri damage resulted to residences and busi (b) Proceedings under section 5(2) tories,. on the one hand, and points m ness property located in Pickens County involving (1) acquisition by a carrier by Central States and southwestern terri in the State of Alabama; railroad of trackage rights over, or joint tories, on the other. Whereas, the Small Business Adminis ownership in or joint use of, any rail Grounds for relief— Motor-truck com tration has investigated and has received road line or lines owned by any other petition. other reports of investigations of condi such carrier, (2) transactions wjiich do Tariff— 29th revised page 222 to East* tions in the area affected; not involve any carrier whose operating em Central Motor Carriers Association, Whereas, after reading and evaluating revenues, in the last calendar year for Inc., agent, tariff MF-I.C.C. A-230. reports of such conditions, I find that which data are contained in the record, FSA No. 39595— Joint motor-mi the conditions in such area constitute a exceed $1 million, or (3) other transac rates— Eastern Central. Filed by catastrophe within the purview of the tions which the Chairman of Division 3 Eastern Central Motor Carriers Associa Small Business Act, as amended. finds to involve no issue requiring dispo tion, Inc., agent (No. 310), for interest^ Now, therefore, as Executive Admin sition by Division 3 and designates for carriers. Rates on various commodities istrator of the Small Business Adminis disposition by said board; moving on class and commodity rat® tration, I hereby determine that: (c) Proceedings under sections 207 over joint routes of applicant rail nn 1. Applications for disaster loans un and 209 directly related to proceedings motor carriers', between points in middle specified in paragraph (b) above; der the provisions of section 7(b) (1) of Atlantic and New England territories, the Small Business Act, as amended, may (d) Proceedings under section 20A on the one hand, and points in Centra be received and considered by the Offices (2) to (4), inclusive, and section 214, re States, middlewest and southwestern below indicated from persons or firms lating to securities; whose property, situated in the afore (e) Proceedings under sections 212(b ), territories, on the other. said County and areas adjacent thereto, 312, and 410(g), relating to the trans Grounds for relief— Motor-truck com1 suffered damage or destruction resulting fer of certificates and permits; petition. - Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2629 Tariff—21st revised page 47-A to States, middlewest and southwestern merce Act, and rules and regulations Eastern Central Motor Carriers Associ- territories, on the other, prescribed thereunder (49 C F R 179), ap ation, Inc., agent, tariff MF-I.C.C.A-230. Grounds for relief— Motor-truck com- pear below: FSA No. 39596— Joint motor-rail petition. As provided in the Commission’s spe rates— Eastern Central. Filed by The Tariff— 21st revised page 47-A to East- cial rules of practice any interested per Eastern Central Motor Carriers Associa- ern Central Motor Carriers Association, son may file a petition seeking reconsid tion, Inc., agent (No. 311), for interested Inc., agent, tariff MF-I.C.C. A-230. eration of the following numbered pro carriers. Rates on various commodities FSA No. 39601— Joint motor-rail ceedings within 20 days from the date moving on class and commodity rates rates— Eastern Central. Filed by The of publication of this notice. Pursuant over joint routes of applicant rail and Eastern Central Motor Carriers Associa- to section 17(8) of the Interstate Com motor carriers, between points in middle tion, Inc., agent (No. 316), for interested merce Act, the filing of such a petition Atlantic and New England territories, on carriers. Rates on various commodities will postpone the effective date of the the one hand, and points in Central moving on class and commodity rates order in that proceeding pending its dis States and southwestern territories, on over joint routes of applicant rail and position. The matters relied upon by the other. motor carriers, between points in middle petitioners must be specified in their pe Grounds for relief—Motor-truck com- Atlantic and New England territories, on titions with particularity. petition. the one hand, and points in Central No. MC-FC-67049. By order of Feb Tariff—21st revised page 47-A to East- States, middlewest and southwestern ruary 17, 1965, the Transfer Board ap em Central Motor Carriers Association, territories, on the other. proved the transfer to Jack H. Dwenger, Inc., agent, tariff MF-I.C.C. A-230. Grounds for relief—Motor-truck com- Inc., Weatherford, Tex., of certificates FSA No. 39597— Joint motor-rail petition. in Nos. MC-118089 and M C-118089 (Sub- rates—Eastern Central. Filed by The Tariff— 29th revised page 222 to East- No. 2) , issued August 4, 1961, and Au Eastern Central Motor Carriers Associa- em Central Motor Carriers Association, gust 28, 1962, respectively, to Jack tion, Inc., agent (No. 312), for interested Inc., agent, tariff MF-I.C.C. A-230. Dwenger, Weatherford, Tex., authorizing carriers. Rates on various commodities FSA No. 39602—Lumber and Related the transportation o f: Bananas, from moving on class and commodity rates Articles From Points in Southivestern Galveston, Tex., to points in Texas, Ros over joint routes of applicant rail and T err it o r y. Filed by Southwestern well, N. Mex., Phoenix, Ariz., and Den motor carriers, between points in middle Freight Bureau, agent (No. B-8694), for ver, Colo., and, from New Orleans La., Atlantic and New England territories, interested rail carriers. Rates on lumber to points in Texas, and from Houston, on the one hand, and points in Central and related articles, in carloads, from Tex., to Abilene, Dallas, Fort Worth, States, middlewest and southwestern points in southwestern territory, to Longview, Lubbock, and Amarillo, Tex. territories, on the other. points in Illinois, Minnesota, and W is- Edgar J. Nash, Seaberry Building, Grounds for relief—Motor-truck com- consin on the Soo Line Railroad, Weatherford, Tex., attorney for appli petition. Grounds for relief— Carrier competl- cants. Tarrff—23d revised page 69 to Eastern tion. No. MC-FC-67559. By order of Feb Central Motor Carriers Association, Inc., Tariff— Supplement 173 to Southwest- ruary 17, 1965, the Transfer Board ap agent, tariff MF-I.C.C. A-230.. ern Freight Bureau, agent, tariff I.C.C. proved the transfer of Certificate of Reg FSA No. 39598— Joint motor-rail 4262. istration No. MC-97942 (Sub-No. 1), is rates—Eastern Central. Filed by The FSA No. 39603— Cement to points in sued December 31, 1963, evidencing the Eastern Central Motor Carriers Associa- Minnesota and North Dakota. Filed by right of the holder thereof to engage tion, Inc., agent (No. 313), for interested Western Trunk Line Committee, agent in interstate or foreign commerce cor carriers. Rates on various commodities (No. A-2392), for interested rail carriers, responding in scope to the service author moving on class and commodity rates Rates on cement, hydraulic, masonry, ized by irregular, route common carrier over joint routes of applicant rail and natural or Portland, in carloads, from Certificate No. 7027, dated January 31, motor carriers, between points in middle points in western trunk-line territory, to 1958, issued by the Massachusetts De Atlantic and New England territories, points in Minnesota and North Dakota, partment of Public Utilities, from Ed on the one hand, and points in Central Grounds for relief— Market competi- mund B. Fraser, doing business as E. B. t i ! s’ . middlewest and southwestern tion. Fraser & Sons, Belmont, Mass., to Ed territories, on the other. Tariff— Supplement 164 to Western mund B. Fraser, Jr., doing business as Grounds for relief—Motor-truck com- Trunk Line Committee, agent, tariff E. B. Fraser & Sons, Belmont, Mass. I.C.C. A-4308. Mary E. Kelley, 10 Tremont Street, Bos Mii P r ^ h revised page 222 to East- FSA No. 39604— Joint motor-rail ton, Mass., attorney for applicants. Trwi ^entral Motor Carriers Association, rates— Southern Motor Carriers. Filed No. MC-FC-67560. By order of Feb #*** tariff MF-l.c.C. A-230. by Southern Motor Carriers Rate Con- ruary 17, 1965, the Transfer Board ap ratp* c + 39599— Joint motor-rail ference, agent (No. 108), for interested proved the transfer to Rogers Moving EasWrfn T 71 Central- Filed by The carriers. Rates on various commodities Co., Inc., 5428 Center Street, Baileys tion in Cen^ral Motor Carriers Associa- moving on less-than-truckload, any Cross Roads, Fairfax County, Va., of the carriers SF+nt (No- 314) * for interested quantity and volume rates, over joint operating rights issued by the Commis moving ,tes on various commodities routes of applicant rail and motor car- sion August 1,1955, under Certificate No. nf 5vi„L0n iclass rates over joint routes riers, between points in southern terri- MC-60655, to Millard Gray Wyant, doing tweerfiw11* r.ad and motor carriers, be- tory. business as Old Dominion Movers, 6404 on tt,aPOintl m Central States territory, Grounds for relief— Motor-truck com- Columbia Pike, Falls Church, Va., au A tianftoT JJW ’ 5P*1 Points in middle petition. thorizing the transportation over irregu the othernd NeW England territories, on Tariff—Supplement 33 to Southern lar routes, of household goods, as defined . Motor Carriers Rate Conference, agent, by the Commission, between points in Petition f°r relief— Motor-truck com- tariff MF-I.C.C. 1252. Shenandoah, Page, Warren, and Rock By the Commission. ingham Counties, Va., on the one hand, ern aSntrfi9tîr r.evised P ^ e 222 to I and, on the other, points in the New Inc aSS?1 Carriers Associa [ s e a l ] B ertha F. A r m e s, York, N.Y., Commercial Zone, and those FSAg N„ ‘’E S S A-230 Acting Secretary. in Maryland, Pennsylvania, New Jersey, [F.R. Doc. 65-2059; Filed, Feb. 26, 1965; West Virginia, and the District of Co 8:46 am .] lumbia; between Herndon, Va., and Won Inr.Central Motor Carriers Asa points in Virginia within 50 miles of [Notice No. 1130] Herndon, on the one hand, and, on the other, Washington, D.C., and Baltimore, moving' on Tanous oommot MOTOR CARRIER TRANSFER overtoil!? ^ and oommodity : Md. * motor' of aPPiicant rail PROCEEDINGS No. MC—FC—67564. By order of Feb Atlantic T'*’ t^tween points inm: F e b r u ar y 24,1965. ruary 17, 1965, the Transfer Board ap the one h ^ew England territorie Synopses of orders entered pursuant to proved the transfer to Barredo Limou e hand, and points in Cei section 212(b) of the Interstate Com sine, Inc., Westbrook, Conn., of Certifi- 2630 NOTICES cate No. MC-124286 issued November 28, proved the transfer to Johnson Transfer proved the transfer to Charles Tuzzolino, 1962, to Raymond J. Barredo, Westbrook, & Storage Co., a corporation, Streator, doing business as C. Tuzzi, Brooklyn, Conn., authorizing the transportation of Til., of Certificates Nos. MC-72892 and N.Y., of Certificate No. MC-89377, issued passengers and their baggage, in special MC—72892 (Sub-No. 1), issued January February 19, 1963, to Joseph Eletto operations, in nonscheduled door-to-door 13, 1945, and October 25, 1946, respec Transfer, Inc., Valley Stream, N.Y., au service, limited to the transportation of tively to Bessie Scheldt (Purcell), doing thorizing the transportation of new fur not more than six passengers in any one business as Johnson Transfer & Storage niture, over irregular routes,, from New vehicle, including the driver thereof, and Co., Streator, 111., authorizing the trans York N.Y., to points in that part of New not including children under 10 years of portation of general commodities, ex Jersey and New York within 35 miles of age who do, not occupy a seat or seats, cluding household goods and commodi New York, N.Y., with no transportation over irregular routes, between West ties in bulk, over irregular routes, be for compensation on return except as brook and Old Saybrook, on the one tween points in Streator, 111.; between otherwise authorized. Morris Honig, 150 Streator, 111., on the one hand, and, on hand, and, on the other, New York, N.Y., Broadway, New York 38, N.Y., attorney and points in Westchester, Rockland, and the other, points in Illinois within 35 for applicants. Nassau Counties, N.Y., and points in miles of Streator; and household goods, No. MC-FC-67575. By order of Feb Bergen, Passaic, Hudson, Essex, and over irregular routes, between Streator, Union Counties, N.J. Thomas W. Mur- 111., and points within 15 miles of Strea ruary 23, 1965, the Transfer Board ap rett, 410 Asylum Street, Hartford, Conn., tor, on the one hand, and, on the other, proved the transfer to S&C Corporation, attorney for applicants. points in Indiana, Iowa, Kentucky, Mich doing business as Piedmont Tours, Pied No. MC-FC-67568. By order of Feb igan, Missouri, Ohio, Pennsylvania, Ten mont, S.C., of License No. MC-12169 ruary 17, 1965, the Transfer Board ap nessee, West Virginia, and Wisconsin; issued April 12,1963 to S&C Corporation, proved the transfer to Transport Van and between points in Illinois, except West Columbia, S.C., authorizing the Lines, Inc., Lincoln, Nebr., of Certificate Streator, 111., and points within 15 miles brokerage operations in connection with No. MC-44865, issued January 13, 1943, of Streator and points in the Chicago passengers and their baggage, between Commercial Zone, as defined by the to H. J. Fromholz and R. L. Fromholz, points in South Carolina, on the one a partnership, doing business as H. J. Commission in Chicago, 111., Commercial hand, and, on the other points in the Fromholz & Son, 1406 West Sixth Street, Zone, 1 M.C.C. 673, on the one hand, and, United States (except Alaska and Ha Ashland, Wis., authorizing the trans on the other, points in Indiana, Iowa, waii). Charles B. Bowen, 14 Beattie portation of household goods, over irreg Kentucky, Michigan, Missouri, Ohio, Place, Post Office Box 445, Greenville, ular routes, between points in Wisconsin, Pennsylvania, Tennessee, West Virginia, Minnesota, and the Upper Peninsula of and Wisconsin. Raymond L._Terrell, 804 S.C., attorney for applicants. Michigan. Robert D. Zimmerman, 223 Myers Building, Springfield, 111., attor [ s e a l ] ' B erth a F. A rmes, Liberty Life Building, Lincoln, Nebr., Acting Secretary. representative for transferee. ney for applicants. No. MC-FC-67573. By order of Feb No. MC-FC-67574. By order of Feb [F.R. Doc. 65-2060; Filed, Feb. 26, 1965; ruary 17, 1965, the Transfer Board ap ruary 17, 1965, the Transfer Board ap 8:46 a.m.] Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2631 , / CUMULATIVE LIST OF CFR PARTS AFFECTED— FEBRUARY 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 February. Page 1 CFR Page 7 CFR Page 9 CFR Ch. I______- ______- ______1727 5— ___— ______2521 Ch. I ______2135,2247 3 CFR Ch. I______: ____ _ 2129 Ch. II______„ 2247 81______„ ____ — 2588 76______— __ 1975 P roclamations : 78— ______— 2307 3298 (amended by Proc. 3637) _ 1973 Ch. II______2129 301______2095 201______— „ __ 2207 3634 ______1105 P roposed R u l e s : 3635 ______1107 362— ______1728 401____ 2303 91______— ____ 1945 3636 __ 1109 131______. . . . 1816 3637 ______1973 404_____ 2ß03 408______2303,2521 Executive O rders: 10 CFR 717______2 ______2521, 2588 Dec. 9, 1852 (revoked in part 1186 718_~______1281 by PLO 3544)______2215 722______2017, 2018 12 CFR Aug. 30,1911 (revoked in part 729 ______2589 by PLO 3540) ______2214 n ______i ______2308 730 ______— — 2397 Mar. 21, 1914 (revoked in part 561______- 1032 811______2206, 2397 by PLO 3535) ______221,3 P roposed R u l e s : 814— ______— ______1030 Feb. 6, 1917 (revoked in part 545______2222 849— ______;____ 2129 by PLO 3545)______2261 Ch. IX ______2129 July 10,1919 (revoked in part 13 CFR by PLO 3535)______2213 905______1281,2019, 2589 io i______1835 907_____ 1282, 2019, 2207, 2305, 2441,2590 Jan. 26* 1920 (revoked in part 107______1187 by PLO 3535)____ 2213 908— ______2019, 2245, 2306, 2590 121— ______2247 May 3, 1922 (revoked in part 909______2020, 2591 P roposed R u l e s : by PLO 3535)______2213 910_„_____ 1282, 2021, 2306, 2591 107— — 2613 ____ 2207,2521 April 17,1926 (revoked in part 911 121______2614 by PLO 3535)_____ 2213 912 __ 1282, 2592 927______1283 1747 (revoked by PLO 3539) __ 2214 14 CFR 1956 (revoked by PLO 3542) __ 2215 970_— ____ 1728 39— — — ______1032, 2216 (revoked in part by PLO Ch. X ______2129 1187, 1239, 1975, 2103, 2133, 2134, 3532)------1288 1065______2522 2256, 2438. 5786 (revoked by EO 11199) __ 2579 1104______2245 47____ 1283 10530 (superseded in part by Ch. X I______2247 61______2195 EO 11196) ______1171 1421------1247 63______2195 10573 (superseded by EO 1427______2592 65______2195 11196)______1171 1472______1250 67______2195 10852 (superseded by EO 1486— ______„______1178 71______:______1033- 11196) — ------T______1171 1488______2129 1036, 1111.-1113, 1188-1190, 1239, 11184 (superseded in part by Ch. X V I...... 2247 1283, 1835-1837, 1975-1977, 2197, EO 11196)______1171 P roposed R u l e s : 2198, 2257, 2439, 2440, 2596, 2597 11189 (amended by EO 11195) _ 1169 26------1118 73______1035,1036,1189,1239 75______1036,1113,1190,1191, 2440 11195 _ 1169 201____ 1945 77______1837 11196 ______" I ~r 1171 319------1119, 2106 91______— ______2531 11197 ______1721 362______2033 95______1______2532 11198 ______1929 729 ____ 2601 97— ______1240,1791, 2199 11199 __IIII—IIIIII_" 2579 730 - 2402 143______2195 Presidential D o c u m e n t s O th er Ch. IX ______1984 159______1037 T han P roclamations and E x 959__------1945 ecutive O rders: 993______2601 241______1191 Memorandum of February 1 . 1003______2402 1245______1844 P roposed R u l e s : 1965______1725 1012______2263 25______2468 Memorandum of February 16 1013------1------1048 37______2468 1965______2517 1036______2279 39______1297, 2469, 2470 Notice of February 18,1965 2301 1061------2317, 2604 Statement of February 16, 1064------2317, 2604 63______1196 1 Cicc ’ 71______1052- 2519 1065_------1857 5 CFR 1103 ______2058 " 1057,1120, 1122-1126, 1200-1202, 1257,1258,1297,1299-1301,1816, 213 1104 ------___ 1289 1817,1873-1877,1951,1993,1995, ------1029, 1105 ______2058 1996, 1999, 2000, 2106-2108, 2110, 2397 *247’ 1931’ 2195, 2245, 2303, 1127-1------1119, 2604 2111,2157,2221,2285,2470,2556- 338_ 1135------1802 351 1029 2558, 2606-2612. 53!~ ~------1173, 2397 1137—J______1802 7 3 „ 1057, 1126, 1877, 2000, 2111, 2157 539/ 2588 75______1876, 2471, 2558 733 2588 8 CFR 121______2468 77i_~ — ------1931 103. 1030 288______2558 302______2156 930. 1727 212. 1031 399______2558 1201 ------— 2548 214. 1031 6 CFR ~ " — 2548 242. 2021 15 CFR Ch. V 264. 1031 6------1250 — 2129 299. 1032 30______2441 No. 39-_____« 2632 FEDERAL REGISTER 15 CFR—Continued page 21 CFR— Continued Page 32, CFR— Continued Page 208— ______- — - 2021 191______1787 16— ______-— 1764 368______1402 281______- 2438 30______.— 1764 370 ______- ______1405 P roposed R u l e s : 125______- ______-— 1284 371 ______1410 5_„ ______' 2604 163______.— 1978 372 ______- _____ 1417 10— ______2604 823______----- 1938 373-_____ — ______I______1427 17______;______— 1257 834______1041 374______l______1451 27______- ______- 1296 860______* ______1978 375______1455 120 ______2605 882______1041,2581 376______1456 121 ______- ______2034, 2605 887______1938 888______377-______1457 22 CFR .— 2309 379-______1458 920______1041 51______- 2399 380 ______1471 1001______1775.2309 P roposed R u l e s : 381 ______1475 1002______:______1776.2309 Ch. n ______- 2552 382______I_____:---- 1478 1003______1776 383 _— ______1500 1007— ______1777 24 CFR 1453______2313 384 ______1501 207— ______1727 385 ______1503 1606______2150 213______1728 1710______1777 398______1508 608-______1728 399______1512 32A CFR 26 CFR OEP (Ch . I ) : 16 CFR Page l&ii______1037,1173, 2442 13______1113-1115, DM O 9700.1______1939 147-______1937, 2399 OEP Cir. 9700.1_____ 1939 1250-1252, 1284, 1777-1779, 1934, 301______1116 2308, 2398. OIA (Ch . X ) : f. P roposed R u l e s : 01 Reg. 1______— 2212 300______- 2257 1______1048, 2031, 2106, 2450 P roposed R u l e s : 33 CFR 303______1058 27 CFR l — ______1192 17 CFR 5______— 1846 62______1044 l — . 2258 28 CFR 74______1192 15_. 1191 0— ______1800,2316,2588 203______2259 1 9 - 1191 3______2316 204______1193 207— ______2104,2259 230. 2021 29 CFR 240. 2021 36 CFR 274. 2135 601— ___ 1938 720______2536 P roposed R u l e s : P roposed R u l e s : 1— ______1857 270______2111 778______1076 19 CFR 30 CFR 37 CFR 222___ 1041 P roposed R u l e s : 16______- ____ 2399 1— ______2552 18______— ______1845 P roposed R u l e s : 2556 11______1989 2 ______P roposed R u l e s : 3______2552 1 1 ______2317 12______— 1989 19 ______2317 13 ___ 1989 38 CFR 20 ______- ______- ____ _ 1196 14 ___ 1990 3______2104 24______2317 14a______1990 17______1787,2536 18______1990 20 CFR 19 ____ 1990 39 CFR — 1846 602______1935 20 ____ 1991 5______— 2195 21______1991 13______21 CFR *1940,2105 22______1991 16— ______2 ______1252 1193,2150 23______1991 22______— 3______1845, 2103 1846,2313 24— ____ 1991 24______- ______19______1253 _ 2314 25— ____ 1991 43______42______J______1779 ' 2314 26______— 1992 45______51____ 2429 2548 27______1992 111— ______120 ______2104, 2258, 2759 2548 31 ___ 1992 112-=.______121 ______1254, 2548 32 ___ 1992 121______1255, 1935, 1937, 2026, 2212, 2258, 2549 33 ___ 1993 168______II— 2259, 2429, 2430. 34 ____ 1993 P roposed R u l e s : 120______2104,2258, 2597 2152,2221 35 ______1993 13______141______1779 2152.2153 36 ___ 1993 16______141a______1780,1785,2437,2597 24______2152.2153 1872 141c______1780 31 CFR 31_____ * ______- ____ 2154 141e______1780 203______2150,2400 43____;—______145______- ___ 2597 270______1192 45______2155 2552 146a______1780,1785, 2437, 2597, 2600 505______----- 1284 96______146b______1781 32 CFR 41 CFR 146c______1255 2208 1 _ 1-2______148b______1781 1729 2208 2 148c______1781 _ 1732 1-16______1847 148e______1782 3____ — 1733 3-60______1045 148h______1256,1782 4______1733 5-3;______1045 148i______1783 6_____ 1735 5-7______1045 148j______— 1784 7______1735 5-12______1047 148m______1784 8______1742 5-16______2211 148n______1784 9 _____— 1743 5-19______1047 148p______1785 10 _ 1743 5-53______2212 148s______1785 11____ 1744 8-4______2314 148t______1785 13______1744 8-12_____ r-_____ — ______Saturday, F e b r u a r y 27, 1965 FEDERAL REGISTER 2633 41 CFR—Continued Page 43 CFR—Continued Page 46 CFR—Continued Page P u b l ic L a n d O rders— roposed u l e s 8-75 ------— 2212 Continued P R — Continued 9-2 ______4 ------1288 3549______— 2262 61______2030 101-6------1256 3550 ____ 2262 98______2030, 2219 101-15-______1256 P roposed R u l e s : 162______2030 101-20______—:------1790 1720______2384 47 CFR 101-26___ ——------2442 2240______2263, 2385 2410______— _ 2386 1 ______2445 42 CFR 2 ______— ______1849 32______-- ______2151 45 CFR 21______i — ______2446 54______2442 13 ______2443 73— — ______1047,1851,1853-1855 14 ___- ______2445 74______1849 43 CFR 46 CFR 83— ______2445 4110______2260 97______1943 Public Land O rders: 10____ 2026 5 (revoked in part by PLO 14______2027 P roposed R tJl e s : 3549)______. 2262 51 ______2027 2______1878 • 509 (revoked in part by PLO 52 ______2027 15-____ — ______2558 3541) ______2214 53 ______2027 21______1878,2471 1507 (revoked in part by PLO 54-______2027 25______1878 3546)______2261 55______2027 31______2472 3510 (amended by PLO 3533) _ 1194 56 ______2028 33______2472 3530-______1193 57 ______2028 73 ______1057, 2472, 2473 3531 ______1194 61______2028 74 ____ _ i______2473 3532 ______1288 94— ______2028 48 CFR 3533 ______98______1194 2028 182______2400 3534 ______1194 111______2028 3535 ______2213 157______2028 49 CFR 3536 ______2213 164______2028 120______1983 3537— ______2213 272______1983 170______2401 3538 ____ _ 2260 510______1849 P roposed R u l e s : 3539 ____ _ 2214 P roposed R u l e s : 72 ______1301 3540 ______2214 12______2219 73 ______1302 3541 _ _ 2214 25______2219 74 ______— 1 1306 3542 _ _ 2215 35______2219 77 ______1306 3543 ______2215 40______2219 78 ...... ___ 1307 3544 ______2215 51— ______2030 136______2405 3545— _ 2261 52 ______2030 170_...... 1127,1878 3546____ _ 2261 53 ______2030 3547— _ _ 2261 54— I ______. 2030 50 CFR 3548____ ” _ 2261 55______2030 33______2215,2448, 2549-2551 Latest "Edition in the series of , . . PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES John F. Kennedy, 1963 Contains verbatim transcripts of the President’s news conferences and speeches and full texts of messages to Congress and other mate rials released by the White House during the period January 1- November 22, 1963. Among the 478 items in the book are: special messages to the Congress on education, youth conservation, needs of the Nations senior citizens, and on improving the Nation’s health; radio and tele vision addresses to the American people on civil rights and on the nuclear test ban treaty and the tax reduction bill; joint statements with leaders of foreign governments; and the President’s final remarks at the breakfast of the Fort Worth Chamber of Commerce. Also included is the text of two addresses which the President had planned to deliver on the day of his assassination; President Johnson s proc lamation designating November 25 a national day of mourning; and remarks at the White House ceremony in which President Kennedy was posthumously awarded the Presidential Medal of Freedom. A valuable reference source for scholars, reporters of current affairs * J)OmOO arid the events of history, historians, librarians, and Government officials. VOLUM ES of PUBLIC PAPERS of the PRESIDENTS currently available: Contents: HARRY S. TRUMAN • Messages to the Congress $5.25 1945 - ______$5.50 1947. • Public speeches 1946 ______$6.00 1948. $9-75 1949______$6.75 • The President’s news conferences DWIGHT D. EISENHOWER: » Radio and television reports to die 1953. ____ $6.75 1957— — $6.75 American people ____ $7.25 1958— — $8.25 1954. Remarks to inf ormal groups 1955. ____ $6.75 1959— $7.00 $7.75 1956. $7.25 1960-61— • Public letters JOHN F. K E N N E D Y: 1961. . $9.00 1962— $9.001 1963______$9-00 O rd er fro m t h e : Superintendent of Document* Government Printing Office Volumes are published annually, soon after die dose o f each year. Washington, D.C 20402 Earlier volumes are being issued periodically, beginning with 1945.