FEDERAL REGISTER VOLUME 32 • NUMBER 182 Wednesday, September 20, 1967 • Washington, D.C. Pages 13247-13313

Agencies in this issue— The President Army Department Civil Aeronautics Board Civil Service Commission Consumer and Marketing Service Customs Bureau Engineers Corps Federal Aviation Administration Federal Communications Commission Federal Highway Administration Federal Maritime Commission Federal Power Commission Federal Trade Commission Fish and Wildlife Service Food and Drug Administration Interior Department Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration National Park Service Packers and Stockyards Administration Securities and Exchange Commission Small Business Administration Detailed list of Contents appears inside. (

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CUSTOMS BUREAU FEDERAL MARITIME THE PRESIDENT Rules and Regulations COMMISSION ex ecu tiv e o r d e r Duties, countervailing ; bounty or Notices Designating ~ the Lake Ontario grant paid or bestowed______13276 American Ensign Van Service, Claims Tribunal as a public in­ Inc., et al.; agreement filed for ternational organization en­ DEFENSE DEPARTMENT approval_Y______13301 titled to enjoy certain privileges, exemptions, and immunities— 13251 See Army Department; Engineers FEDERAL POWER COMMISSION Corps. Notices EXECUTIVE AGENCIES ENGINEERS CORPS Elliott Production Co.; hearing, etc------13301 AGRICULTURE DEPARTMENT Rules and Regulations FEDERAL TRADE COMMISSION See Consumer and Marketing Public use of certain reservoir Service; Packers and Stock- areas; use of boats______13280 Rules and Regulations yards Administration. Standards of conduct______13272 FEDERAL AVIATION ARMY DEPARTMENT ADMINISTRATION FISH AND WILDLIFE SERVICE See also Engineers Corps. Rules and Regulations Rules and Regulations Airworthiness directives : Hunting on certain national wild­ Rules and Regulations life refuges: Former personnel; appearances Allison-Aero Products propel­ lers______13268 Illinois and certain other before command or agency of ^States______13284 Army Department-—------— 13279 British Aircraft Corp. Model BAC 1-11 200 and 400 Series Oklahoma______13286 airplanes______13269 Oregon (3 documents) __ 13285, 13286 CIVIL AERONAUTICS BOARD - Control zone; alteration______13269 Washington (3 documents)__ 13286, Rules and Regulations Federal airway; revocation_____ 13272 13287 Delegations and review of action Positive control area; alteration_ 13270 FOOD AND DRUG Transition areas; designations (2 under delegation, nonhearing ADMINISTRATION matters; classification of sta­ documents)______13269, 13270 tions______13272 Transport category airplanes;, Rules and Regulations crashworthiness and passenger Notices Federal Food, Drug, and Cosmetic evacuation standards------13255 Act and Fair Packaging and Hearings, etc.: Proposed Rule Making Labeling Act, enforcement regu­ Bonanza Air Lines, Inc., et al__ 13299 lations; ruling on objections Ling-Temco-Vought, Inc_____ 13300 Control zone and transition area; __ 13276 alteration______13293 Oxytetracycline; moisture con­ Federal airways; alteration_____ 13294 tent.^______13279 CIVIL SERVICE COMMISSION Transition area; designation------13293 Pesticide chemical tolerances; re­ Notices quirements regarding certain tests______13278 Nurses, Seattle and Bremerton, FEDERAL COMMUNICATIONS Notices Wash.; adjustment of mini­ COMMISSION mum rates and rate ranges___ 13299 Union Carbide Corp.; pesticide Rules and Regulations petition______,______13299 COMMERCE DEPARTMENT Domestic public radio services other than maritime mobile; HEALTH, EDUCATION, AND See Maritime Administration. license periods______13281 WELFARE DEPARTMENT Proposed Rule Making See Food and Drug Administra­ CONSUMER AND MARKETING Radio transmitters; measurement tion. SERVICE of output power______13294 Television broadcast stations; INTERIOR DEPARTMENT Rules and Regulations table of assignments, Winona, See also Fish and Wildlife Serv­ Celery grown in, Florida; ship­ Minn______13294 ice; Land Management Bu- ments limitation______13253 Notices reau; National Park Service. Cranberries grown in certain Notices States; expenses and rate of as­ Hearings, etc.: sessment, etc______13253 Great River Broadcasting, Inc., Central and field organization; et al______13300 Regional Coordinators—Pro­ Proposed Rule Making Malrite, Inc., and Philip Y. gram Support Staff______13298 Greens, canned leafy; standards Hahn, Jr______13300 Report of appointment and state­ for grades------13289 Smith, E. O. (KRDS)______13301 ment of financial interests; Pat­ Olives grown in California; ex- rick N. Griffin______13298 penses and rate of assessment_ 13292 ™ s> tosh, grown in Idaho and FEDERAL HIGHWAY INTERNAL REVENUE SERVICE Oregon; expenses and rate of ADMINISTRATION Proposed Rule Making assessment______13292 ¿sins- natural Thompson seed- Rules and Regulations Income tax; investment com­ panies ______13288 less, from California; free ton- Cooperative agreements with nage...... 13292 S ta tes______13283 (Continued on next page) 13249 13250 CONTENTS

INTERSTATE COMMERCE MARITIME ADMINISTRATION SECURITIES AND EXCHANGE COMMISSION Notices COMMISSION Rules and Regulations Applications: Notices Cooperative agreements w it h American Export Isbrandtsen Hearings, etc.: S tates______13282 Lines^ Inc______13298 Grace Line, Inc______13298 Greater Washington Industrial Notices Investments, Inc ______13302 Tel-A-Sign, Inc------13302 Fourth section applications for NATIONAL PARK SERVICE relief ______13302 Notices SMALL BUSINESS Motor carriers: Alternate route deviation no­ Fort Sumter National Monument, ADMINISTRATION S.C.; concession contract_____ 13298 tices ______13303 Proposed Rule Making Applications and certain other proceedings______13304 PACKERS AND STOCKYARDS Small business size standards; Intrastate applications______13307 ADMINISTRATION definition of small business Temporary authority applica­ manufacturer of refined petro­ tions (3 documents)__ 13308-13310 Rules and Regulations leum products______13295 Regulations under Packers and Stockyards Act; miscellaneous TRANSPORTATION DEPARTMENT LAND MANAGEMENT BUREAU amendments______13254 See Federal Aviation Administra­ Notices tion; Federal Highway Admin­ Colorado; classification (2 docu­ istration. ments) ______13297 New Mexico; opening of lands to TREASURY DEPARTMENT mineral location, entry and pat­ See Customs Bureau; Internal enting ______1 13297 Revenue Service.

List of QFR 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, 1967, and specifies how they are affected. 3 CFR 14 CFR 36 CFR Executive Order: 21_____ 13255 311...... 13280 11372______13251 25 ______13255 326______13280 37______13255 7 CFR 39 (2 documents)______13268,13269 47 CFR 929 71 (5 documents) ___ 13269,13270,13272 21______;•...... 13281 ______13253 121______13255 967______13253 385______13272 P roposed R ules: P roposed R ules: P roposed R ules: 73 ______13294 52______1__ 13289 71 (3 documents)______13293,13294 81 13294 925______13292 83______13294 932______13292 16 CFR 85______- X ...... 13294 989______13292 0 ------13272 9 CFR 49 CFR 19 CFR 277a______13282 201-____ 13254 16______1____ 13276 277c______13283 13 CFR 21 CFR P roposed R ules: 1 _____ —...... —...... 13276 50 CFR 121— ------13295 120______13278 32 (8 documents)______13284-13287 148n______13279 26 CFR P roposed R ules: f______13288 32 CFR 583_____ 13279 Presidential Documents

Title 3— THE PRESIDENT Executive Order 11372 DESIGNATING THE LAKE ONTARIO CLAIMS TRIBUNAL AS A PUBLIC INTERNATIONAL ORGANIZATION ENTITLED TO ENJOY CERTAIN PRIVILEGES, EXEMPTIONS, AND IMMUNITIES By virtue of the authority vested in me by section 1 of the Interna­ tional Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288), and having found that the United States participates in the Lake Ontario Claims Tribunal pursuant to the Agreement with Canada Concerning the Establishment of an International Arbitral Tribunal to Dispose of United States Claims Relating to Gut Dam, March 25, 1965, TIAS 6114, I hereby designate the Lake Ontario Claims Tri­ bunal as a public international organization entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act.

T he W hite H ouse, September 18, 1967. [F.R. Doc. 67-11113; Filed, Sept 18, 1967 ; 4:31 p.m.]

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 s

3 ® .:

) 13253 Rules and Regulations

As so amended, paragraph (b) reads as vance notice of such reporting require­ Title 7— AGRICULTURE follows: ment as possible; and (5) the reporting § 929.105 Reporting. requirements do rot require any special Chapter IX— Consumer and Market­ preparation on the part of handlers for ing Service (Marketing Agreements * * * * * compliance therewith which cannot be and Orders; Fruits, Vegetables, (b) Certified reports shall be sub­ completed by the effective time thereof Nuts), Department of Agriculture mitted to the committee by each handler - and no useful purpose would be served by not later than 10 days after each of the postponing such time beyond the date of PART 929— CRANBERRIES GROWN IN specified dates showing, for the preced­ publication in the F ederal R egister. STATES OF MASSACHUSETTS, ing 3-month period, the total quantity (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. of cranberries such handler acquired and 601-674) RHODE ISLAND, CONNECTICUT, the total quantity of cranberries such NEW JERSEY, WISCONSIN, MICH­ handler handled, and, as of the specified Dated, September 15, 1967, with the IGAN, MINNESOTA, OREGON, dates, the respective quantities of cran­ amendatory provisions of §§ 929.105 and WASHINGTON, AND LONG ISLAND berries and cranberry products such 929.204 to become effective upon publica­ IN THE STATE OF NEW YORK handler had on hand: November 1,1965; tion in the F ederal R egister. February 1, 1966; May 1, 1966; August 1, Paul A. Nicholson, Expenses and Rate of Assessment, 1966; November 1, 1966; February 1, Deputy Director, Fruit and Veg­ Carryover of Unexpended Funds, 1967; May 1, 1967; August 1, 1967; No­ etable Division, Consumer and and Handler Reports vember 1,1967; February 1, 1968; May 1, Marketing Service, 1968; and August 1, 1968. . [PH. Doc. 67-11009: Plied, Sept. 19, 1967; Notice was published in the August 31, C. Paragraph (b) of § 929.204 is here­ 8:46 a.m.] 1967, issue of the F ederai. R egister (32 by deleted and a new paragraph (b) is F.R. 12621) that consideration was being inserted reading as follows: given to proposals regarding the ex­ PART 967— CELERY GROWN IN penses and the fixing of the rate of as­ § 929.204 Reserve. FLORIDA sessment for the fiscal period beginning * * * * * August 1,1967, and ending July 31, 1968, (b) Assessments collected for each of Limitation of Shipments carryover of unexpended funds, and the fiscal periods ended July 31, 1963; Notice of the rule making with respect handler reports, pursuant to the mar­ July 31, 1965; July 31, 1966; and July 31, to a proposed limitation of shipments keting agreement, as amended and Order 1967, were in excess of expenses for such -regulations to be made effective under No. 929, as amended (7 CFR Part 929), periods. The committee is hereby au­ Marketing Agreement No. 149 and Order regulating the handling of cranberries. thorized to place excess funds in said No. 967 (7 CFR Part 967), herein referred This regulatory program is effective un­ reserve. der the Agricultural Marketing Agree­ to as the "order,” regulating the han­ ment Act of 1937, as amended (7 U.S.C. It is hereby found that good cause dling of celery grown in Florida, was pub­ 601-674). exists for not postponing the respective lished in the Federal R egister, July 28, effective dates of § 929.208, and of the 1987 (32 F.R. 11037). This program is After consideration of all relevant effective under the Agricultural Market­ matter presented, including the pro­ amendatory provisions of §§ 929.204 and 929.105 until 30 days after publication in ing Agreement Act of 1937, as amended posals which were submitted by the Cran­ (7 U.S.C. 601 et seq.). The notice afforded berry Marketing Committee (established the F ederal R egister (5 UJS.C. 553) in that: (1) With respect to § 929.208, the interested persons an opportunity to file pursuant to the amended marketing written data, views, or arguments per­ agreement and order) and set forth in relevant provisions of said amended marketing agreement and this part re­ taining thereto not later than 15 days the aforesaid notice, and other available after publication. information, it is hereby found and de­ quire that the rate of assessment fixed for termined that: a particular fiscal period shall be appli­ An exception was filed requesting "that cable to all assessable cranberries from with or without the establishment of a A. Section 929.208 is added to read as the beginning of such year; (2) the cur­ reserve, the.Secretary determine which follows: rent fiscal period began on August 1, Base Quantities are not being utilized 1967, and the rate of assessment herein and transfer an equitable part of such § 929.208 Expenses and rate of assess- ment. fixed will automatically apply to all as­ Base Quantities to ‘the exceptor’ so as to sessable cranberries beginning with such increase their Base Quantity 200,000 (a) Expenses. The expenses that a date; (3) with respect to the amendatory crates and and to grant ‘the exceptor’ easonable and likely to be incurred 1 provisions of § 929.204, unexpended as­ such other and further relief as may be j . Cranberry Marketing Committ sessment funds are on hand and should equitable in the premises.” ^ g the fiscal period August 1, 19( be transferred to the reserve promptly to The exceptor’s view as to when Base 31, 1968, in accordan enable the committee to use such funds Quantities are not being utilized does not . 7 marketing agreement, in accordance with § 929.42; (4) with conform to that contemplated by the or­ respect to the amendatory provisions of der. Under the order, “non-use” is con­ to and thiS par*’ wil1 amou § 929.105, the first certified report should sidered as applying only to a Base (b) Rate of assessment. The rate be due from handlers not later than No­ Quantity holder who neither grows any *^ssment for said period, payable 1 vember 10, 1967, because the harvesting celery (and therefore had no celery pro­ kfiv^ndler m accordance with § 929.4 of a considerable portion of the crop from duced to be handled under his Market­ banJf^at one“half cent ($0.005) p all areas will be completed by November able Allotment) nor transfers his Mar­ 1, and data should be promptly compiled ketable Allotment to another. No Base % 01 S e r t S 65’ 01 equivalent quai from such reports and made available Quantity holder was in that category to the industry by the committee to pro­ during the past season. delet.l™9^011-.929’199^ ) Is amended 1 vide the first and timely information During the 1966-67 season, Base end afld August 1, 1967.” from tl with respect to the total size of the crop, Quantity holders (and all transferees of 1967* substituting—August thus enabling the industry to more effec­ Marketable Allotments) produced celery 1968: VT ber l ' 1967; February tively plan the utilization thereof, and in excess of the Marketable Quantity * May l, 1968; and August 1, 196i handlers should be given as much ad­ (7,887,375 crates) but were unable to

FEDERAL REGISTER, V O L 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13254 RULES AND REGULATIONS market up to the full amount of the total § 967.303 Marketable quantity for Routine correspondence. Marketable Allotments due to depressed 1967-68 season; uniform percent­ Railroad advance charges. prices and had to abandon over 1,600 age; and limitation on handling. Bills to commission firms and others. Records of shipments by States and m ark ets acres—approximately 1 million crates of (a) The. Marketable Quantity for the Deposit slips. pelery. As against the Marketable Quan­ 1967-68 season is established, pursuant Bank statements. tity of 7,887,375 crates of celery approxi­ to § 967.36(a), as 7,887,375 crates. Cancelled checks and drafts. mately 7.7 million crates were marketed. Jb) As provided in § 967.38(a), the Check stubs. This is not a situation where enough cel- Uniform Percentage for the 1967-68 sea­ Railroad in-bound records. eiy was not produced for market. Truck-in receipt records. son is determined as 84.231 percent. Delivery records. Considering the large quantity of cel­ (c) During the season August 1, 1967,Yarding receipts. ery abandoned because of insufficient de­ through July 31, 1968, no handler may Pass-out and delivery orders. mand therefor, establishing a reserve handle, as provided in § 967.36(b) (1), Truck shipping orders. under such conditions and assigning it any harvested celery unless it is within Railroad shipping orders. to the exceptor as requested, would not the Marketable Allotment for the pro­ Scale yarding records. increase the demand but would only tend ducer of such celery. Scale tickets. to further reduce the available market id) No reserve for Base Quantities for Scale test reports. for celery of other producers under their the 1967-68 season is established. Market Agencies Marketable Allotments. Hence, no pro­ (e) Terms used herein shall have theScale tickets. vision is made for a reserve for the 1967- same meaning as when used in the mar­ Bills from stockyard company. 68 season. keting agreement and order. Bills for livestock purchased. Based on the marketing policy of the Gate tickets. (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Routine correspondence. Morida Celery Committee submitted for 601-674) Way-bills and truckers tickets. the 1967-68 marketing season, the com­ Dated: September 15,1967. Accounts of sales. mittee recommended a Marketable A counts of purchases. Quantity in the amount of 7,887,375 Paul A. N icholson, ' Bills and invoices to buyers. crates—-the same as for the 1966-67 sea­ Deputy Director, Fruit and Deposit slips. son. In any event, as provided in § 967.35 Vegetable Division, Consumer Bank statements. of the order, the committee is required and Marketing Service. Cancelled checks and drafts. Check stubs. to review, prior to November 1, the mar­ [F.R. Doc. 67-11046; Filed, Sept. 19, 1967; Scale test reports. keting policy it had adopted for the 1967- 8:49 a.m.] 68 season and, as changes are indicated, Dealers the committee may recommend appro­ Bills from stockyard company. priate revisions in the Marketable Bills for livestock purchased. Quantity. Title 9— ANIMALS AND Accounts of sales. After consideration of all relevant Routinecorrespondence. Bills to purchasers. matter presented including the proposals ANIMAL PRODUCTS Scale tickets. set forth in the aforesaid notice, the Deposit slips. data, views, and recommendations of the Chapter II— Packers and Stockyards Bank statements. Florida Celery Committee, the excep­ Administration, Department of Ag­ Cancelled checks and drafts. tions and comments that were submitted, Check stubs. and other available information, it is riculture Scale test reports. hereby found that the limitation of ship­ PART 201 — REGULATIONS UNDER Licensees ments regulation, as hereinafter set THE PACKERS AND STQCKYARDS forth, including the establishment of (COMMISSION MERCHANTS) Marketable Quantity and the determina­ ACT Invoice or receiving tickets. tion of the Uniform Percentage, as pro­ Miscellaneous Amendments Scale tickets—Charge tickets. vided in § 967.38(a), will tend to effec­ Accounts of sales. On June 15, 1967, a notice of proposed Deposit slips. tuate the declared policy of the act by Bank statements. maintaining orderly marketing condi­ rule making was published in the F ederal R egister (32 FJt. 8621) concerning pro­ Cancelled checks and drafts. tions tending to increase returns to Check stubs. producers of such celery. posed amendments to §§ 201.10, 201.50, Bills to purchasers. 201.52, 201.58, 201.61, and 201.71 of the It is hereby found that good cause Lists of accounts receivable. regulations (9 CFR 201.10, 201.50, 201.52, Routine correspondence. exists for not postponing the effective 201.58, 201.61, and 201.71) under the Sales tickets. date of this section until 30 days after Packers and Stockyards Act, 1921, as Scale test reports. publication in the Federal R egister (5 amended (7 U.S.C. 181 et seq.). Inter­ (DEALERS) U.S.C. 553) in that (1) notice was given ested persons were given an opportunity of the proposed limitation of shipments to submit written data, views, and argu­ Purchase statements to shippers. set forth in this section through publicity Contracts with shippers. ments with respect to the proposed BUls from receivers. in the production area and by prior pub­ amendgaents. After consideration of all F ederal R egister, (2) Deposit slips. lication in the as relevant matters submitted by interested Bank statements. provided in the order, this regulation ap­ persons, §§ 201.50(b), 201.52, 201.58, and Cancelled checks and drafts. plies to the handling of celery during the 201.71, Part 201, Chapter n , Title 9 of Check stubs. the Code of Federal Regulations are Sales tickets—Charge tickets. entire 1967-68 marketing year, which Routine correspondence. began August 1, 1967, and actual han­ hereby amended to read as follows: Scale tickets. dling of harvested celery is not expected § 201.50 Records; disposition. Scale test reports. to begin until approximately the latter * * ♦ * * ***** part of October, (3) prompt promulga­ (b) Every stockyard owner, market § 2 0 1 .5 2 Information as to sales on tion affords producers and handlers agency, dealer, or licensee may destroy commission or agency basis not to be maximum time to plan their handling or dispose of the following categories of furnished to unauthorized parties. operations accordingly, and (4) compli­ records after they have been retained for No market agency or licensee, in con­ a period of 2 full calendar years: ance with this section will not require nection with the sale of livestock or live any special preparation on the part of Stockyard Ow ners poultry on a commission or agency basis, All feed records. shall give to any person, except a person handlers which cannot be completed Dipping and spraying orders. prior to such handling. Vaccinating and testing orders. authorized by the Administrator to o It is, therefore, ordered as follows: Orders for special services. tain such information or a person who

FEDERAL REGISTER. VOL. 32, NO. 182— WEDNESDAY. SEPTEMBER 20, 1967 RULES AND REGULATIONS 13255 has a financial interest in the consign­ (Sec. 407(a), 42 Stat. 169, as amended; 7 However, comments from the public on ment or a statement in writing from the U.S.C. 228(a); 29 F JR. 16210, as amended the original notices and from within the owner thereof authorizing the market and 32 F.R. 7186) FAA indicated that the further delays at­ agency or licensee to furnish such infor­ The amendments to §§ 201.50, 201.52, tendant to this course of action would not mation, any copy of an account of sale 201.58, and 201.71 shall become effective be in the best interest of those con­ or other paper or information which will on October 20,1967. cerned. Consequently, the FAA is issu­ reveal to such person information re­ ing a final rule to allow the persons af­ lating to the price at which livestock or Done at Washington, D.C., this 13th fected by these regulations to proceed live poultry was sold or the amount of day of September 1967. with the certification or retrofitting of the net proceeds thereof remitted to the G lenn G. Bierman, their airplanes without further delay. owner or consignor: Provided, however, Acting Administrator, Packers Thereafter, the FAA will consider com­ That this shall not prevent a market and Stockyards Administration. ments on the changes referred to above agency or licensee from furnishing to any [F.R. Doc. 67-11010; Filed, Sept. 19, 1967; received from interested persons on or person, hauling livestock or live poultry 8:47 a.m.] before October 24,1967, and may further for hire, information as to the weight of amend the regulations in the light of such livestock or live poultry in order that these comments. The FAA believes that such person may have the necessary facts this course of action is justified and is on which to base his hauling charges: Title 14— AERONAUTICS AND in the best interest of the public. And provided further, That this shall The amendments incorporated herein not prevent a market agency or licensee SPACE are aimed at increasing substantially the from giving to recognized market news probability of occupant survival in an reporting services such information as Chapter i— Federal Aviation Adminis­ aircraft accident. The FAA will consider may be necessary to enable such report­ tration, Department of Transporta­ additional revisions of the regulations, as ing services to furnish the public with tion advances in the state-of-the-art allow, in market news data: And provided further, order to further increase that probabil­ [Docket No. 7522; Arndt. 21-16, 25-15, 37-14, That this shall not prevent a market 121-30] ity of survival. To this end, Government agency or licensee from giving to any and industry development programs have agency of the Government (Federal, PART 21— CERTIFICATION PROCE­ been established to devise new tech­ State, or local) such information or rec­ DURES FOR PRODUCTS AND PARTS niques, designs, and equipment. In prog­ ords as are described herein. ress now are developments on: More ef­ PART 25— AIRWORTHINESS STAND­ § 201.58 Sales to be made openly and fective self-extinguishing characteristics in a manner to promote interests of ARDS: TRANSPORT CATEGORY AIR­ for aircraft interior materials; cabin fire consignors and not conditioned on PLANES suppressant systems; protection from sales of other consignments. smoke and fumes; gelled fuels; improved PART 37— TECHNICAL STANDARD Every market agency and licensee emergency lighting and exit conspicuity; engaged in the business of selling live­ ORDER AUTHORIZATIONS and improved evacuation facilities and stock or live poultry on a commission or techniques. PART 121— CERTIFICATION AND OP­ The final amendments and the more agency basis shall sell the livestock or ERATIONS: DOMESTIC, FLAG, SUP­ pertinent of the comments received in live poultry consigned to it openly, at PLEMENT AIR CARRIERS AND COM­ the highest available bid, and in such response to the notices are set forth manner as to best promote the interests MERCIAL OPERATORS OF LARGE hereinafter. of the consignors. The market agency or AIRCRAFT ' P art 21 licensee shall sell each consignment of Sections 21.17 and 21.101 are amended livestock or live poultry on its merits, Crashworthiness and Passenger Evac­ uation Standards; Transport Cate­ as proposed to, accommodate the special and shall not make the sale of one con­ retroactive requirements incorporated by signment of livestock or live poultry gory Airplanes new § 25.2. conditional on the sale of another and The purpose of these amendments is P art 25 different consignment of livestock or live to improve the emergency evacuation Poultry: Provided, That this shall not equipment requirements and operating Section 25.2. Of key importance in the prohibit the sale in graded lots of live­ procedures for transport category air­ notice was the provision relating to stock or live poultry belonging to dif­ planes. retroactivity. Proposed § 25.2 covered ferent consignors who have consented These amendments are based on a no­ special requirements applicable to type thereto. In such cases, settlement shall tice of proposed rule making (31 F.R. certificates and to supplemental type te on the basis of the weight shown on 10275, July 29,1966), circulated as Notice certificates (or amended type certifi­ the scale ticket issued at the time the No. 66-26 dated July 26, 1966, and on a cates) involving increases in passenger consignor’s livestock or live poultry is supplement to notice of proposed rule seating capacity. There were numerous weighed. making (31 F.R, 11725, Sept. 7, 1966), comments received with respect to this section as proposed and certain of the §201.71 Accurate weights. circulated as Notice No. 66-26A dated September 2, 1966. recommended c h a n g e s have been Each stockyard owner, market agen< Numerous comments were received in adopted. dealer, or licensee who weighs livesto response to Notice 66-26 and supplemen­ We agree with one recommendation or live poultry shall install, maintai tal Notice 66-26A. Based upon these com­ that § 25.2 be changed to clarify the in­ goq operate the scales used for su ments and upon review within the FAA, tent that insofar as supplemental type weighing so as to insure accura a number of changes have been made to certificates and amendments to type cer­ weights. All livestock scales shall the proposed rule. Most of these changes tificates are concerned, the special re­ equipped with a type-registering weig involve rewording and reorganization for quirements are applicable only when am, a dial with a mechanical tick there is an increase in passenger seating Punter, or a similar device which shi greater clarity and consistency. However, certain substantive changes have been capacity beyond that already approved w f°r Printing or stamping t made to the proposed regulation that do under the terms of the basic type certifi­ lght values on scale tickets. not requirp compliance for periods of cate. Section 25.2 has been amended objections were filed to t from 1 to 2 years. While all but a few of accordingly. amendment to §§201.100 these changes fall within the scope of The preamble to Notice 66-26 explained ann Jk- view of the statemer Notices 66-26 and 66-26A, Interested per­ the intent to make all the proposed regu­ of ' ^ n t s received from membe sons have not been given the opportunity latory items applicable to airplanes for chfln„e kyestock industry opposing t to comment on the details of the require­ which an application for a-type certifi­ conei^CS ^ese two sections, furth ments. The issuance of a supplemental cate is made after the effective date of K d<,A,ain n and study will be giv notice of proposed rule making to solicit the amendments and to airplanes for 10 §§ 201.10(d) and 201.6L comments upon these was considered. which type certificates are issued after

No. 182-----2 FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13256 RULES AND REGULATIONS the effective date irrespective of the date failure of the landing gear. We agree that seating increases of 15 percent or more, of application. The same considerations the emphasis should be placed on ensur­ rather than 5 percent as stated in the would apply to supplemental type certifi­ ing egress. Interference to a degree that notice. The 5-percent variation will per­ cates, and amendments to type certifi­ will not reduce the effectiveness of emer­ mit some flexibility, whereas any cates, involving increases in passenger gency egress should not prevent approval greater seating increase could reasonably seating capacity and § 25.2 has been of the integral stair, and the paragraph be expected to involve additional exits amended to make it clear that the provi­ has been so revised. Finally, the proposal and equipment, arid changes in interior sions of this section will apply to any has been revised to state that the entry arrangement and should, therefore, re­ such certificate issued after the effective door may also qualify as a Type A emer­ quire a new evacuation demonstration date of this amendment irrespective of gency exit. The introduction of the Type While there is no intent to require a the date of application. A exit in this amendment is discussed manufacturer to simulate actual crash It was suggested thàt because of nec­ below in connection with § 25.807. conditions as a part off his demonstra­ essary delays incidental to production Section 25.785 (c). Various comments tion, nevertheless, a crash condition will engineering and tooling, certain of the on the proposed requirements applicable be assumed to occur during takeoff. Sec­ regulations not become applicable until to sideward facing seats in § 25.785(c) tion 25.803(c) (3) has, therefore, been 18 months after the effective date of the indicated general belief that they were changed to require that internal doors amendment.'The FAA agrees that there overly strict inasmuch as provision for and curtains be in the configuration sim­ is a basis for an 18-month delay with only one method of compliance was ulating normal takeoff. Also, § 25.803(c) respect to certain of the proposals in the made. The FAA agrees with the com­ (7) has been further amended to make notice. In this connection, we have de­ ments and has provided an Alternative it clear that it is the passengers rather termined that manufacturers who now in the form of a safety belt and shoulder than the crewmembers who may not have airplane type certification programs harness combination. The FAA also finds have the benefit of prior practice or re- underway would be unreasonably bur­ merit in a further suggestion that suit­ hersal in fulfilling the evacuation dem­ dened if certain of these rules (i.e., those able protection may be afforded by en­ onstration requirements. which necessarily involve considerable ergy-absorbing material such as honey­ In addition, some question has been engineering development and extensive comb, even though it is noncushioned. raised as to whether the term “previ­ changes in the type design) were to be Section 25.785(c) has been amended to ously approved” referred to approval made effective on the date of amendment allow the use of such material. based on the actual demonstration. as a condition for obtaining a type cer­ Section 25.803. The purpose of the pro­ Since the proposal was concerned with tificate, and that delaying their effec- posed regulation is to provide for the the need for repeating the demonstra- tivity for 18 months would provide a emergency evacuation of every occupant tiori, it should be made clear that by measure of relief not inconsistent with of an airplane, whether crewmember or “previously approved” the FAA meant the safety objectives of this rule-making passenger. To clarify this aspect of the by actual demonstration. action. Section 25.2 has accordingly been requirement proposed in § 25.803(c) and The FAA does not agree with the sug­ revised to segregate those regulations to make it consistent with the intent as gestions that- emergency evacuation with which an applicant need not show expressed in the preamble to Notice 66- demonstrations be „the sole responsibility compliance until 18 months after the ef­ 26 and with § 121.291, § 25.803(c) is of the air carriers or that the manufac­ fective date of the amendment. amended to require demonstration of turer be required to demonstrate evacua­ Section 25.721 (d). Several commenta­ evacuation of the maximum number of tion under the same conditions now tors recommended clarification of pro­ airplane occupants, including crew­ imposed on the operators under Part 121. posed § 25.721(d) with respect to the members, within the given time limit. The FAA believes that since the evacua­ overloads and to the parts of the fuel sys­ Since the number of crewmembers may tion capability of an airplane, as defined tem requiring protection. It is the intent vary, it is reasonably set for purposes in this regulation, depends to a large de­ of the section to ensure that no part of of the test at the number required by the gree on the design of that airplane, it the fuel system, lines and tanks, located applicable operating rules. is fundamental to the type certification in the fuselage is likely to be damaged by In response to a recommendation that process to'ensure that the airplane has failure of the landing gear due to over­ the rule state when the demonstration the necessary evacuation capability for load in the vertical plane parallel to the is considered completed, the first sen­ the maximum passenger capacity for longitudinal axis of the airplane. The tence of § 25.803(c) has been amended which certification is sought. Further­ proposal has been changed to reflect this to state that the demonstration is com­ more, for the reasons set forth in the intent. For the reasons set forth above, plete when the occupants have been preamble to Notice 66-26, since a manu­ the effective date of this amendment has evacuated from the airplane to the facturer will be demonstrating the basic been postponed for 18 months. ground. The regulation also makes it capability of a new airplane type, it is Section 25.783. The purpose of the pro­ clear that evacuees using stands or not necessary that the demonstration be posed changes to § 25.783 was to require ramps allowed at the wings are con­ conducted under the detailed conditions that all passenger entrance doors in the sidered to be on the ground when they regarding crewmember training, operat­ side of the fuselage qualify as Type I or are on the stand or ramp, provided that ing procedures and similar items that are Type II passenger emergency exits. Two 'the acceptance rate of the stand or of concern to an operator. Nor do we find commentators read the proposed section ramp is no greater than the acceptance any justification for a recommendation as introducing substantive changes in rate of the means available on the air­ that evacuation times should vary de­ the requirements for exits which are cov­ plane for descent from the wing dim­ pending on airplane ground attitude ered elsewhere in the regulations and ing an actual crash situation. since there is no apparent correlation stated that no explanation was given for One commentator pointed out that al­ between the degree of evacuation ur­ amending the entire section. We agree though ventral and tail cone exits are gency and airplane ground attitude. with these comments to the exent that proposed as passenger emergency exits Likewise, as to the same commentators the present section should be retained in § 25.807, they are excluded in the recommendation that the manufacturer with the addition of a new paragraph evacuation demonstration required in be permitted to use 50 percent of the covering door requirements as necessary proposed § 25.803(c). Ventral and tail exits rather than those on one side of to make them emergency exits. cone exits were excluded purposely be­ the fuselage, the FAA believes that the In connection with the foregoing, the cause there is insufficient service experi­ language proposed is more appropriate substance of proposed § 25.783(a) has ence in the use of these exits as emer­ for type certification since it would en­ been added to presently effective § 25.783 gency exits. Until more data and experi­ sure evaluation of all the required type as new paragraph (g). Moreover, in re­ ence are accumulated on the effective­ exits and emergency evacuation installa­ sponse to a recommendation, the doors ness of these new exit types, the FAA has tions incorporated in the type design. to which the paragraph is applicable determined it advisable to preclude their Various commentators objected to the have been defined as “entry” doors. With use in the evacuation demonstration. In reference to the integral stair, objections addition, the FAA cannot accept a rec­ proposed 90-second evacuation time. were made to the prohibition of any in­ ommendation that a new evacuation de­ Some indicated it was too long, others terference with emergency egress after monstration be required for passenger that it was not long enough, while stil

FEDERAL REGISTER, VOL. 32, NO, 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13257 others took exception to any evacuation is some ambiguity as between proposed ent size aircraft and pointed out that time requirement, in tiiis matter , the paragraph (c) and paragraphs (a) (1) the proposed table did not reflect proper basis for proposing a 90-second limit was and (2) of current § 25.807. We have, credit for new double size exits being covered in the preamble to Notice 66-26, therefore, deleted the location require­ designed for new large aircraft. and nothing has been presented in the ment for the first Type I or Type II The FAA does not agree that the table comments that is persuasive of change. exit as stated in current § 25.807(a) (1) in current § 25.807(c) (1) should be de­ Numerous demonstrations by manufac­ and (2) and substituted a similar re­ leted in its entirety inasmuch as the turers and air carriers have indicated quirement for the first floor level exit in current version represents many years that the 90-second criterion is reasonable § 25.807(c). Finally, as pointed"out in the experience with passenger configurations at the present, and 90-seconds as pro­ comments, the proposal did not provide up to the 179-passenger limit. However, posed is being retained. As evacuation for variations made necessary by cargo/ it has subsequently been determined that system component and equipment ad­ passenger configurations and an excep­ there is not sufficient justification for ex­ vances permit reductions in evacuation tion to take care of such situations has tending the table to 339 passengers. Ac­ time, the FAA will consider appropriate been written into the regulation. cordingly, the current table in § 25.807 changes in the requirements. For the period of time since Notice (c) (1) is being retained for seating ca­ The requirement for the designation of 66-26 was published (over 1 year), the pacities up through 179 passengers. In an escape route by a slip resistant sur­ design-development of several large addition, the provision set forth in cur­ face as proposed in § 25.812 does not transport airplanes had indicated the rent § 25.807(c) (4) is being retained to specify an emergency lighting require­ desirability if not the necessity of in­ permit the passenger emergency exit re­ ment. Therefore, it is considered appro­ corporating doors whose width permits lationship to be increased by not more priate to transfer that requirement to two-abreast evacuation. Under current than 10 passengers for slides, but has §25.803. In response to comments, the regulations, a Type I exit need be only 24 been restricted to airplanes having a pas­ white color proposed for the slip resistant indies wide. However, limited tests to senger seating capacity of 189 or less. surface has been deleted since other date on an exit, designated the “Type In order to meet the industry request colors can serve the purpose. Further, the A” emergency exit, measuring 42 by 76 for more flexible and realistic standards rule has been amended to exclude flaps inches, tend to establish that, subject to for the individual exit types, we have used as slides from the slip resistant sur­ certain conditions, its evacuation rate amended the table in § 25.807(c) (4) to face requirement. materially exceeds the combined rate of credit evacuation capability of 100 pas­ A recommendation that cabin inerting two standard Type I exits. In connection sengers for each pair of Type A exits, system requirements be added to § 25.803 with the foregoing, there is an industry to increase to 45 and 40 passengers, re­ in order to allow an increase in the evac­ recommehdation that the rule being spectively, the credit for Types I and n uation time has not been adopted. Al­ promulgated make provision for the exits, and to give a credit of 35 passengers though such a system may have merit, “Type A” emergency exit under for Type HI exits. Furthermore, in keep­ studies, tests and evaluations will be § 25.807(a). ing with the intent of the notice that necessary before such standards could be In the light of recent developments airplanes having passenger seating ca­ proposed. ^relating to large airplanes, the FAA pacities more than 299 use only the two Section 25.807. Although there was agrees that passenger emergency exit largest size exits, we have included the some concurrence, a majority of the requirements should contain a standard requirement that emergency exits be comments received opposed the increase for an exit larger than Type I. Accord­ either Type A or Type I on airplanes in Type I passenger emergency exit mini­ ingly, § 25.807 is amended to include a having passenger capacities in excess of mum height from 48 to 66-inches as pro­ new standard for a “Type A” emergency 299. The proposal would have permitted posed in § 25.807(a) (1). It was the posi­ exit. Although the tests previously the use of Type I and Type H combina­ tion of those not favoring the change mentioned were conducted with exits tion exit arrangement for passenger ca­ that evacuation effectiveness is not im­ measuring 42 inches wide by 76 inches pacities between 300 and 339. This was proved with the increased height. In this high, the FAA believes that a reduction based on the fact that the Type H exit connection, recent PAA test data like­ in height from 76 to 72 inches would not required in the notice had to be both wise indicates that the 60-inch door per­ have a significant effect on emergency floor level and overwing. Since the final mits no material improvement in evac­ evacuation rate. Any proposal to reduce rule retains the current requirements for uation flow rates. Therefore, since the further the exit opening size, however, Type H, which are ¿ess severe in these higher door has not been shown to im­ would necessitate additional test data. respects, the passenger credit for Type prove the flow rate of the Type I exit and Section. 25.807(c) (1) of the notice pro­ II exits above a passenger capacity of would cause an increased installation posed the number and type of passenger 299 has been deleted. burden on the manufacturers, we believe emergency exits for passenger seating The 100-passenger increase in seating it advisable to retain the 48-inch mini- capacities up to 339. Industry response capacity allowed per pair of Type A mrnn Type I exit height currently speci­ was to the effect that the combination of exits is based on tests conducted to date fied in the regulations. exit types was arbitrary and inconsistent using both overwing and non-over-wing Section 25.807(a) (5) h a s b e e n with evacuation capabilities of the ej£its. The value of 100 is conservatively amended, in response to a recommenda- larger aircraft; that inadequate credit set at 85 percent of the test evacuation uon for clarification of ventral exit defi­ was allowed for Types n and IV. exits, capacity of the non-over-wing type and nition, by stating that the “same rate of thereby tending to minimize the number is considered acceptable for all Type A egress as a Type I exit” refers to a Type of exits; and that the nonlinear assign­ exits inasmuch as the rate of evacuation i exit with the airplane in the normal ment of exit credit versus the number of of the overwing type exit, established by altitude with the landing gear ex­ passengers was without sufficient justi­ tests, exceeds that of the non-over-wing pended. Likewise, following another rec­ fication. A major objection voiced was exit. In connection with the overwing a p t i o n , the definition of tail cone that for the new emergency exits being exit, however, the tests were conducted * 25.807(a) (6) has been broadened to developed in connection with new trans­ using self-supporting and automatically permit “openable” designs rather than ports, no credit was available for exits deployed devices to assist evacuees in detachable” as proposed, larger than Type I. One commentator reaching the wing surface. Therefore, to j. ,,numl>er of commentators objected recommended that the proposed table of ensure that overwing ejcits having step- w the emergency exist distribution re- passenger seating capacity versus re­ down distances are as effective as non- qmrements proposed in § 25.807(c). The quired number and types of exits be over-wing exits, standards have been that the notice stated an deleted and that the table showing in­ added relating to assist devices at such inflexible requirement for creases in passenger capacity for each overwing exits. end ifti?oor l®vel exit locations at each type exit be amended to allow credit for The significant factor in achieving the ]fly , * the cabin and this has been re- Types A, III, and TV and increases for Type A egress rate, is an adequate flow of 2 * ^iow locations near each end Types I and n from that proposed in the of passengers to the exit. Certain design i n ^ Ca?m- More°ver, when a design notice. Another commentator recom­ features, other than the mere size of the Incorporates more than one floor level mended retention of the present table exit, must, therefore, be incorporated in on each side of the fuselage, there of § 25.803(c) (1) as adequate for pres­ order to realize the effectiveness of the

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13258 RULES AND REGULATIONS exit. In concept, the Type A éxit is a a “back-up” exit and that the passenger the FAA believes that in the light of in­ system rather than a mere opening. Con­ credit factor may be approximately the creasing fuselage sizes, the implicit re­ figuration requirements are therefore same as for the Type I side mounted exit. quirement of accessibility should be set forth, as part of the Type A exit sys­ Based on the foregoing considerations, clarified. Section 25.807(d) is, therefore, tem, concerning, among other things the FAA believes it appropriate to in­ amended to require readily accessible number, location and size of aisles, and crease the passenger credit of proposed overhead hatches. passageways, and exterior slides. § 25.807(c) (3) (ii) (now § 25.807(c) (6) Section 25.809. In accordance with rec­ Questions on proposed § 25.807 (c) (3) (ii)) from 20 to 25. Likewise, in connec­ ommendations received in response to (now § 25.807(c) (6) ) indicated that it tion with ventral exits, a credit for 10 the notice, proposed § 25.809(f) has been was unclear as to what was meant by passengers appears conservative. Since revised to provide for assist means that the phrase “usable following the col­ -the FAA has previously allowed credit are erected by means other than by in­ lapse of one or more legs of the landing for 12 passengers by way of exemption, flation. However, for lack of supporting gear”. The intent of the requirement was proposed § 25.807(c) (3) ti) (now § 25.807 data to justify such a change, the re­ to cover the situation of reduced exit (c) (6) (i)) is relaxed to allow that higher quirement that the assisting means must effectiveness due to some restriction that number. be automatically erected has not been would affect egress after the gear fail­ The FAA agrees with comments as to deleted as requested by some commen­ ure. The key condition for which usabil­ the impracticability of attempting to tators. The proposal set forth in § 25.- ity is required is the critical fuselage regulate, in general, those situations in 809 (h) has been changed to make it dear attitude after gear failure. The para­ which the location of the wing does not that an assist means must be provided graph has been amended, therefore, to allow the installation of overwing exits. if the trailing edge of the flaps is more make it clear that usability must relate Each case must be governed by its own than 6 feet above the ground or if the to the airplane in the most adverse exit special considerations. It would appear wing is more than 6 feet above the opening condition following collapse of that proposed § 25.807(c) (5) could be ground and'the flaps are unsuitable as a one or more legs of the landing gear. unnecessarily burdensome if not impos­ slide. A suggestion was made that the Our further evaluation indicates that in sible of accomplishment where the slide specified in §25.809 should be re­ going from gear normal attitude to criti­ smaller transports are involved. There­ ferred to as “rigid type” slide. This sug­ cal gear failure attitude, it would be rea­ fore, the current requirement of § 25.807 gestion has not been adopted since re­ sonable to specify, as the criterion of (c) (5) has been retained and designated quiring a “rigid type” slide could be usability, that the tail cone or ventral as § 25.807(c)(7). construed as requiring a device that is exit must have a rate of egress at least The proposed requirement in § 25.807 not collapsible. équivalant to that of a Type III exit. , (c)(4) (now § 25.807(c) (8)) concerning Section 25.811. With respect to require­ The passenger credit in proposed emergency'exits in excess of the mini­ ments of § 25.811 concerning emergency § 25.807(c) (3) (ii) (now § 25.807(c) (6) mum number of required emergency exit markings, some comments indicated (ii) ) was predicated on a tail cone exit exits, has been retained. The comments that strobe lights should be installed to incorporating, among other things, a did not present sufficient supporting data assist in locating exits. Other comments Type I size opening 60 inches in height. to justify deleting this requirement. pointed out the disadvantages associated As discussed previously, however, the As proposed, § 25.807(d) (1) (ii) re­ with the use of strobe lights and sug­ Type I height is being retained at 48 tained the ditching exit requirements of gested a thorough check of such lights inches. Since it is necessary to maintain the like-numbered present regulation prior to any implementation for use with a walkthrough from the pressure shell to governing the minimum size opening for emergency exits. The FAA believes that the emergency exit, the 60-inch height airplanes with a passenger seating ca­ a mandatory requirement for strobe must be retained. Section 25.807(c)(6) pacity of 11 or more. The proposal, fur­ lights would be premature. However, the (ii) , therefore, contains the actual dir thermore, deleted the § 25.807(d) (3) FAA believes that perhaps strobe light mensions of the required opening in the equivalency provision that permitted designs could be devised for complying pressure shell rather than specifying a substitution of two Type IV exits for with the requirement in § 25.811(c) Type I size opening. A similar sit­ each Type i n exit. Objections were stated under conditions of dense smoke. Each uation exists in connection with the to both the foregoing provisions' in that such design would have to be thoroughly proposed requirements for a tail cone they did not give credit for the new evaluated during the type certification of exit incorporating a Type m size larger Type A exits while at the other ex­ the airplane. opening. Again, the intent is that treme, small diameter fuselages may not Comments were also received suggest­ an evacuee be forced to bend over accommodate openings as large as Type ing the use of signs incorporating arrows the feast to get through the opening III. While we do not agree that there is as emergency exit markings, and sug­ so that there is minimum impedance to sufficient basis to establish a specific pas­ gesting that exit signs at overwing exits flow. Accordingly, to preclude floor level senger ditching credit for the new Type should not be located at that portion oi Type i n size openings and to assure a A exit, the FAA believes the regulation the window that would be removed in minimum height, § 25.807(c) (6)(iii) re­ as proposed may be broadened to make the case of an emergency. In this con­ quires that the top of the opening be not provision for credit in excess of 35 pas­ nection, it should be noted that both me less than 56 inches from the passenger sengers in a case where the large exits current regulations and those set fortn compartment floor. and other improved designs are shown to iri his regulation permit the use of signs Pointing out that for a tail cone exit have better capabilities. However, in view incorporating arrows. Moreover, § 2o.° incorporating a Type I opening, the rate of the changes being made to § 25.807(c), as amended herein requires that e of egress is at least equivalent to a side there is no longer any basis for prohibit­ signs be next to or above each passeng 'mounted Type I exit and that a passen­ ing the Type IV as a ditching exit. emergency exit. A suggested change ger’s ability to mount the slide is en­ One commentator suggested that in a require that emergency exit instructions hanced because he doesn’t have to clear case where a high wing airplane sinks to be painted on a transparent panel or the exit at the same time, one commen­ wing level, egress through a Type HI glass panel backed by a panel illumin ^ tator expressed the belief that the 20- size overhead hatch is much more diffi­ to a brightness level of 3 to 4 foo W i l ­ passenger credit in proposed § 25.807 (c) cult than through a Type I or Type II berts, has not been adopted. While (3) was unduly restrictive and unrealis­ size opening. In this connection, however, suggestion could be incorporated by tic. Inasmuch as recent tests have sub­ the FAA is not aware of any unsatisfac­ manufacturer, the commentator has p stantiated higher egress rates and tory service experience with the present sented no supporting data to l^ ify studies have indicated the reduced vul­ requirements. Furthermore, it would ap­ a change in the regulations and tne nerability of the tail cone to obstructions pear that requirements for overhead does not consider that such a resulting from crash damage or hazards Type I or Type n size hatches would im­ ment is n ecessary as a minimum due to wing tank fuel fires, the FAA pose difficult if not impossible design lim­ standard. . . . __ agrees that the 20-passenger credit is Objections were received concerning conservative. We believe that the reduced itations in small airplanes. Although the vulnerability of the tail cone exit offsets FAA finds no basis for amending require­ the proposed change to the °°^or the fact that there is no requirement for ments as to the size of overhead hatches, trast requirements of current §

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13259

(h). In this regard, the comments sug­ minimized by the requirement for a The requirements set forth in pro­ gested that the time between the effec­ means to prevent inadvertent operation posed paragraph (j) of § 25.812 (now tive date of the current rule and Notice of the manual controls. The proposal has paragraph (h)) have been revised to 66-26 was not sufficient to permit the been changed to require a switch in the state a more realistic power requirement necessary evaluation of the effectiveness passenger cabin where such a switch is for emergency lights. In this connection, of the current requirement. The PAA required by the operating rules. The rule in response to various comments, the does not agree with this comment. Ex­ has been clarified to provide’ for arming proposal has been amended to require perience has shown that when the color or turning on rather than switching on. that the energy supply provide the re­ reflectance is of a low value, it is possible In paragraph (h) of § 25.812, the FAA quired level of illumination for at least to get a 3 to 1 ratio as currently pre­ proposed to require that exterior emer­ 10 minutes at the critical ambient condi­ scribed and still not have adequate visual gency lighting be provided at each over­ tions after emergency landing. contrast between the colors. wing exit to illuminate the adjacent Finally, there were various objections Section 25.812. With respect to the wing surface and the escape route from to the proposed paragraph (m) of requirements of proposed § 25.812, para­ that exit. In addition, under paragraph § 25.812 (now paragraph (k)). The com­ graph (b) has been revised in response (i), the FAA proposed to require that the ments contend that as proposed, each to a comment, to make it clear that exit means used to assist the occupants of an light would require a separate power locating signs that are self-illuminated airplane in descending to the ground source and would impose penalties in by other than electrical means as well as from overwing and non-over-wing exits terms of weight, cost, and complexity signs that are internally electrically il­ must be illuminated. Several commenta­ that would overshadow the benefits. The luminated may be used in meeting the tors objected on the grounds that there comments stated that a zone concept is requirements of that paragraph. was no indication as to the illumination employed in aircraft which should assure A suggestion was made that the emer­ level that would be required to meet that a portion of the cabin lighting will gency lighting requirements are unreal­ these rules. Subsequent to the issuance of remain operative following fuselage istic for small business jet aircraft and Notice 66-26, however, the SAE Com­ breakup. Moreover, they state that for that aircraft certificated to carry 10 pas­ mittee A-20 conducted a series of larger airplanes it may be desirable if sengers or less should be exempt from lighting tests on the basis of which they not imperative to have one battery serve certain requirements of § 25.812. The recommended various emergency light­ a number of lights which are located PAA does not agree with this comment. ing intensities wherever exterior emer­ in the general area of the battery and The emergency exit location and identi­ gency lighting is required. These recom­ suggest the number of lights which might fication requirements are particularly mended illumination values have been be lost due to crash damage should be important for the small business jets generally accepted by the various seg­ in the order of 25 percent. used as executive airplanes since the ap­ ments of the industry and the FAA finds Upon reconsideration the FAA agrees plicable operating rules do not require that the recommended illumination in­ that insofar as the proposal would have crew training in emergency evacuation tensities provide an adequate level of required that only those lights directly procedures or a flight attendant or pas­ illumination for the purpose of proposed damaged by the fuselage breakup could senger briefing to assist in the evacua­ paragraphs (h) and (i). For these rea­ be inoperative following the breakup, it tion of the passengers of such an airplane. sons, and since the incorporation of the stated an unnecessarily burdensome re­ In response to comments objecting to various levels of illumination into thq quirement. The FAA has subsequently the requirement for a brightness of at regulation serves to clarify the require­ determined through analysis that the least 50 foot-lamberts, the PAA has de­ ment, the FAA considers it appropriate zone concept for emergency lighting de­ cided to retain the current requirement to change the proposal accordingly. In sign is acceptable. However, the FAA for a brightness of 160 microlamberts. addition, the requirement that the recognized that in the case of aircraft The PAA agrees that the matter of the escape route must be indicated by a utilizing the zone concept, lights in addi­ brightness level for emergency exits re­ white slip resistant surface has been tion to those damaged by the fuselage quires further investigation before at­ changed to delete the color requirement breakup would be rendered inoperative tempting to revise the present require­ and as revised, relocated in § 25.803(e). by that breakup. On this basis, the FAA ment. The requirement for automatic operation has revised the proposal to allow a light­ . In addition to the foregoing, the re­ of the lights when the exit is opened ing system in which up to 25 percent quirements set forth in proposed para­ has also been deleted. The proposed of the emergency lights, in addition to graphs (c) and (d) of § 25.812, have, for paragraphs (h) and (i) have been redes­ those directly damaged by the fuselage purposes of clarification, been incorpo­ ignated as paragraphs (f) and (g), breakup, could be rendered inoperative rated into paragraph (b) of § 25.812. respectively. after any single vertical separation of Proposed paragraph (e) of §25.815 For the reasons set forth earlier in the fuselage. However, the revised re­ has been redesignated as paragraph (c) this preamble, the effective date of the quirement now states that the system and revised to read substantially tht requirements of paragraphs (f) and (g) must be so designed that certain im­ same as the present requirement ir of § 25.812, have been postponed for 18 portant interior lights and certain exte­ § 25.811(f), the only change being a defi­ months. rior lights will remain operative after nition of the main passenger aisle. Numerous comments were received re­ fuselage breakup. In response to comments, the require- questing clarification of the requirement Section 25.813. The FAA does not ment for at least 2 foot-candles illumi­ proposed in JL25.812(i) for illumination agree with the recommendation that the nation in proposed paragraph (f) (nov of the means Used to assist occupants in width of the passageway to Type n exits paragraph (d)) has been deleted. descending to the ground. In this con­ should be reduced or that the rule should With respect to the proposed para­ nection, it was-pointed out that the rule permit certain obstructions. The current graph (g) of § 25.812 (now paragraph should permit the use of self-illuminated rules prescribe a 20-inch passageway and comments objected to the require­ slides and should specify the amount of numerous evacuation demonstrations in­ ment for a cabin switch for the emer­ tape or ropes used as assist means that dicate that with all factors taken into gency lighting system as being unneces- must be actually illuminated. The FAA consideration the 20-inch width is the wry. in addition, it was believed that un- agrees with the need for clarification and minimum that can be accepted. ,.er a Proposal, inadvertent opera- has changed the proposal to prescribe Comments took exception to the pro­ ion of the switch is possible and mighl that the assist means must be externally posed § 25.813(c), contending that only unavoidable. The FAA believes tha1 Illuminated or self-illuminated so that the outboard seat need be limited as to th» aiJP^n.es havl*g flight attendants the deployed assist means is visible from seatback position insofar as obstruction switch in the passenger cabin serves the airplane. However, the FAA does not to exits is concerned. Other comments x, ^ essary function in the event thal stressed the increased accessibility of vpr+IL« ^t crew forgot to arm, or inad- consider that it is necessary to require exits in smaller transports having a „x ^sarroed, the emergency light- a specific light intensity on the assist single seat on both sides of one aisle, and ¡ng system The possibility that the pas­ means as long as it Is visible from the suggested that a different standard be s e r cabin switch might be misused is airplane. made applicable to these. In the light

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13260 RULES AND REGULATIONS of these comments, the FAA has recon­ compliance with section 25.853. Section shrouded in insulated, flexible conduit sidered § 25.813(c) and agrees that the 25.853 has been amended to allow the use to allow a reasonable degree of deforma­ proposal should be revised to require that of this test procedure as an alternative tion and stretching without failure. the projected exit opening not be ob­ to that proposed in the notice. One comment suggested further limi­ structed by the seatback of the seat in Several comments urged upgrading of tation of the proposal to main power the outboard position. The “projected the standards, maximum use of materials leads only, stating that the shroud exit opening” referred to above and in such as glass fiber products, and develop­ should be separate from the usual insu­ the notice is the actual, rather than the ment of materials that minimize the pro­ lating cover, and stating that the pro­ minimum required opening and the par­ duction of noxious smoke and gas when posal should apply only to cables in the agraph has been further amended to burned. The FAA agrees that continual vicinity of flammable fluid lines. Limita­ make this clear. Moreover, the FAA upgrading of the standards for fire pro­ tion to main power cables, including gen­ agrees that less stringent requirements tection of compartment interior is nec­ erator cables, expresses the intent of the are appropriate for the smaller trans­ essary to make the maximum possible notice and is adopted. Limitation to port category airplanes and the proposal use of the best interior materials as they cables in the vicinity of flammable fluid has been changed to retain the language become commercially available and to lines is not necessary in addition to of the current rule for airplanes having encourage the development of such ma­ the isolation requirement since a cable a maximum passenger seating capacity terials. To this end, the standards in not in the vicinity of a fuel line would of 19 or less, to allow minor obstructions amended § 25.853 (a) and (b) are be­ meet the isolation condition. if compensatory factors are available to lieved to represent the most advanced One comment suggested that the cable maintain the effectiveness of the exit. technology now^ available in this design shrouds should be in addition to the No comments were received with re­ area. normal insulation cover and separate spect to proposed § 28.815 and that sec­ Section 25.855. The notice proposed to from the cable itself. This characteristic tion is adopted as proposed in the notice. amend § 25.855(a) to require that all is a part of any main cable now used in Several comments pointed out an am­ cargo and baggage compartment ma­ aircraft, and was within the intent of biguity in proposed § 25.817 governing terials must meet the test criteria in pro­ the notice'. However, this suggestion may the number of seats abreast in airplanes posed § 25.853(a). As discussed above, result in clarification and is therefore having a single passenger aisle. It was ihose proposed test criteria have been accepted. the intent of the section to limit to three altered to reflect the current state of the - P art 37 the number of seats in any one row on art in interior materials design. As fur­ each side of the aisle. The section has ther stated above, “flame resistant” is The notice proposed to amend § 37.132, been amended to make this clear. the standard now commercially feasible Safety Belts, TSO-C22e, § 37.136, Air­ Section 25.853. The notice proposed for the materials used in certain appli­ craft Seats, and Berths, TSO-C39, and to require that all compartment interior cations as covered in § 25.853(b). There­ § 37.178, Individual Flotation Devices, materials under § 25.853, without excep­ fore, § 25.855(a) as amended requires TSO-C72a to require compliance with tion, meet certain self-extinguishing cri­ that the materials used in the baggage test criteria in proposed § 25.853(a). All teria, involving short flame times and and cargo compartments at least meet of the articles covered in these TSO’s in­ burn lengths after removal of the igni­ the requirement of either paragraph (a) corporate materials now covered by tion source. Many comments from in­ or (b) of § 25.853, depending upon the § 25.853(b). Since the standard and test dustry have shown that materials that application of thè materials. procedure now applicable to materials will meet these criteria are not com­ covered by § 25.853(b) are the same as Section 25.993. The notice proposed to that currently applicable to the materials mercially available at present in quan­ add a new § 25.993(f) providing that each tities suitable for aircraft production or used in the manufacture of the articles fuel line within the fuselage must be de­ under the referenced TSO’s, it is not with characteristics compatible with the signed and installed to allow a reason­ production of aircraft. These comments necessary to cross reference § 25.853 in able degree of deformation and stretch­ the TSO’s and the proposal is withdrawn. have shown that the best available ma­ ing without failure or leakage, and must terials for interior wall panels, interior be enclosed in a shroud. Section 37.175. The notice proposed ceiling panels, structural flooring, bag­ to amend § 37.175, Emergency Evacua­ Several comments concerned the re­ tion Slides, TSO-C69, to require that new gage racks, partitions, draperies, thermal quirement for a shroud. However,jthis insulation, and coated fabric insulation models of such equipment must be able amendment omits such a requirement to be fully Inflated in not more than covering can be made self-extinguish­ since a shroud is a device that protects ing within average char lengths of 8 10 seconds after activation of the infla­ against the effects of leakage rather than tion means. One comment suggested that inches when tested vertically and 4 a device that prevents leakage. Leakage inches when tested horizontally, under full inflation within the prescribed time prevention is the object of this amend­ limit is not essential if the slide can established test conditions. These com­ ment. The need for a shroud should be ments also have shown that “flame re­ serve its evacuation function when less determined, in each case, under the flanu than fully inflated and suggested that sistance” is an adequate standard for mable fluid fire protection requirements other materials, such as floor coverings, the regulation should not require full upholstery and its covering, webbing, of § 25.863. inflation. While the FAA is aware that transparencies, window shades, thermo­ One comment suggested that the pro­ a slide may be capable of receiving an plastic trim, seat cushion foam, furnish­ posal should be applied only to fuel lines evacuee prior to the 10 seconds time ing, and seals. The proposed standards within occupied and cargo compart­ limit specified in the proposal, the re­ have been amended accordingly in § 25. ments. Another comment suggested that quirement for full inflation in 10 seconds 853 (a) and (b)^-— the proposal should apply only to lines is a design requirement considered by One commentator noted that the pro­ within the pressurized section of the the FAA as necessary to ensure that the posed test procedures of § 25.853 were fuselage. These comments are not ac­ slide will provide its maximum support appropriate only for cloth materials and cepted since fuel lines passing from the capability within an established period. asked for clarification with respect to fuel tanks through any portion of the Moreover, this regulation would not pro­ glazing materials. Another commentator fuselage to the engines should be evalu­ hibit the use of a slide prior to the time submitted an alternate test procedure ated for leakage security. it became fully inflated. The proposal has as equivalent to the procedure proposed. This amendment specifies only “leak­ not, t h e r e f o r e , been changed as In the light of these comments the FAA age” rather than “failure or leakage”. suggested. has reviewed the proposal and agrees Failures other than those that cause In accordance with the proposal, the that the test criteria should extend to leakage, such as those that cause fuel Applicability provision in § 37.175 has other materials. Furthermore, with some stoppage only, are not the subject of this been amended to state that new models modification, the recommended test pro­ amendment. of slides manufactured after the effec­ cedure is suitable for all materials. Ac­ Section 25.1359. The notice proposed tive date of this amendment must be de­ cordingly, Part 25 has been amended by to add a new § 25.1359(c) to require that signed so as to be iully inflated in not adding a new Appendix F containing an electrical cables must be isolated from more than 10 seconds after activation oi acceptable test procedure for showing flammable fluid lines and must be the inflation means.

FEDERAL REGISTER. VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13261

Part 121 types of floor level exits, the applicable approved emergency exits, irrespective of date of this paragraph has been extended Whether they were in excess of the re­ General. As discussed in the beginning quired number, would be fully equipped of this preamble, substantive changes to October 1, 1969. Section 121.310(d). Interior emergency and available for use in an emergency have been made in some amendments evacuation. However, it was pointed out which, for the most part, have a post­ light operation. It was not intended that the interior emergency lights be actually in the comments that this would tend to poned applicability date. As previously penalize operators who provided extra indicated, interested persons may submit turned on during taxiing, takeoff, and landing, but only that they be activated exits since it could cause removal of some com m e n t s on these changes. passenger seats. To avoid this problem Due to the length of time that will be to the extent that they will become lighted as soon as the airplane’s normal while still maintaining the efficacy of necessary for the extensive retrofitting these exits, It has been decided that in­ required by these amendments and the electrical power is interrupted. The re­ quirement has been clarified in this re­ stead of meeting the specific access re­ time that has passed since publication quirements of § 121.310(f) (1), (2), and of the notice, most of the applicable dates spect and has otherwise been modified as previously discussed under § 25.812(e). (3), they must be readily accessible to of the new equipment provisions have the passengers in addition to meeting the been extended to October 1, 1969. Section 121.310(f) (3). Emergency exit other provisions of this section. Certain existing provisions in'Part 121 access. As proposed in the notice, the pro­ visions allowing minor obstructions have Section 121.311 (c) and (d). Side­ have been deleted since they are no ward facing seats and placing of seat longer applicable. These are §§ 121.309 been deleted except (as discussed under § 25.813(c) above) with respect to cer­ backs in the upright position. The pro­ (f), (g), and (h) and § 121.319. In addi­ posal relating to sideward facing seats tion, the provisions of § 121.310(h) have tain smaller airplanes. In addition, for the reasons also discussed under § 25.813 is adopted with two minor changes in been transferred to § 121.309 a ) . Appen­ the Part 25 provisions that is incorpor­ dix D to Part 121 has been reorganized (c) above, a provision has been added to prohibit obstruction of the projected ated by reference in this paragraph. The and clarified in line with existing FAA alternative of a shoulder harness is interpretations. The applicability dates exit opening by outboard seat backs ad­ jacent to Type i n and Type IV exits. added and the term “cushioned” is in the various paragraphs of § 121.310 changed to “energy-absorbing” to allow have been deleted and, where appropri­ Although this latter requirement was not specifically detailed in the notice, the more flexibility in the type of protection ate under these amendments, new dates that must be provided. have been added. FAA believes that it is in the interest of safety that it be adopted now. Since a As proposed in the notice, the require­ Section 121.291. Demonstration of compliance date has been established 1 ment that during taxiing, takeoff, and emergency evacuation procedures: The year after the effective date of this landing each seatback must be in the up­ comments generally agreed with the pro­ amendment, interested persons may (as right position was addressed to seatbacks posed reduction of time to 90 seconds indicated previously in this preamble) affecting access to Type HI and Type IV that will be possible with the new equip­ submit comments on these provisions to exits. The FAA now believes that not­ ment required by these amendments. As the FAA. withstanding the limited scope of the provided in the notice, this section will proposal in the notice, it is essential for not require redemonstration, except Section 121.310(g). Exterior exit mark­ ings. The change in this paragraph was the safety of passengers in a crash situa­ under the stated conditions, by operators tion that during taxiing, takeoff, and 'who have already met the 2-minute proposed because the present require­ ment for a reflectance ratio of 3:1 has landing, each passenger seatback in the minimum. Due to some confusion over airplane must be in the upright position. the meaning of the term “previously ap­ not proven practical, particularly with respect to colors of very low reflectance. In adopting this requirement a provision proved” in § 121.291(a)(2), this section specifically requiring passengers to com­ has been changed to make it clear that Two comments noted that the present regulation has been effective for only a ply with appropriate crewmember in­ the 5-percent increase is determined structions has been included. from the passenger seating capacity for short time and questioned the propriety which a successful demonstration has of changes at this time. However, the Section 121.312. Materials for com­ been conducted. necessity for the proposed revisions is partment interiors. The notice proposed readily apparent. A darker color with a to add a new requirement that after June The preamble to the notice stated that reflectance of 5 percent required a lighter 30, 1968, all Replacement materials used demonstrations to meet the 90-seconds color with a Reflectance of only 15 per­ in passenger or crew compartments maximum would not be required except cent. This 10 percent difference does not would have to meet the new requirements in one of the three situations set forth provide adequate visual contrast. How­ proposed for § 25.853. As discussed above, in this section. However, the notice did ever, at a reflectance of 30 percent for the proposed requirements for § 25.853 propose to require a demonstration the darker color, the lighter color is re­ have been revised in this amendment. In meeting the 90-second maximum in those quired to have a reflectance of 90 per­ addition, several comments pointed out three situations even though the new cent, which is more than is necessary for that the replacement requirement as equipment upon which the reduction adequate visual contrast. For these rea­ proposed for Part 121 could necessitate was predicated was not required to be sons, the proposal is adopted without impractical and sometimes useless patch­ installed for 2 years. The FAA has de­ substantive change. Since this require­ ing with new materials when making termined that this demonstration re­ ment need only be complied with by Oc­ small repairs to existing cabin interiors. quirement could prove to be an undue tober 1, 1969, or when the markings are Since FAA’s intent was to require the burden on a certificate holder initially repainted, whichever occurs first, it does complete upgrading of existing cabin introducing an airplane type certificated not present an unreasonable burden. interiors, the rule as adopted (§ 121.312) under rules that did not prescribe this requires that after October 24,1968, upon new equipment. Consequently, until the Section 121.310(h). Exterior emer­ gency lighting and escape routes. This the first major overhaul of an aircraft new equipment is required, the 2-minute cabin or refurbishing of the cabin inte­ maximum is retained for airplanes that section incorporates § 25.812(f) which has been rewritten from the proposal in rior there must be a complete replace­ ure being initially introduced without ment of all material with materials that such equipment. the notice. A discussion of the changes is contained in the portion of the pre­ meet § 25.853. In addition, the FAA will Section 121.310(a). Means for emer- amble on this section. Since the provi­ survey certificate holders to determine yjncy evacuation. The comments on this sions on the slip resistant escape route when the requirements of § 25.853 would section suggested that “inflatable” slides have been transferred to § 25.803 (e), this be met for each airplane in their fleets. If ay not be feasible on some airplanes, section is also incorporated. the results of this survey indicate that therefore, § 25.809(f) (1) has been Section 121.310(i). Other floor level this phased replacement program will not 1225*5 to squire that the slides be exits. This paragraph was presented as accomplish the desired upgrading of <5eC rather than “inflatable”. paragraph (k) in the notice and is cabin interiors within a reasonable pe­ ' wasa^S0 indicated-that it would adopted without substantive change. riod of time, the FAA will consider sep­ e several years to install these slides Section 121.310(j). Additional'emer­ arate rule making action to establish a ?n that the automatic deployment fea- gency exits. The objective of this provi­ specific cutoff date for accomplishing Ure ^las not been developed for some sion was to assure that all installed and such replacement.

FEDERAL REGISTER. VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13262 RULES AND REGULATIONS

Section 121.391. Flight attendants. 2. The introductory statement in § 21,-reduce the effectiveness of emergency After considering all of the comments 101(a) is amended l o read as follows: egress through the passenger entry door. submitted the FAA has decided to retain § 21.101 Designation of applicable reg­ 6. Section 25.785(c) is amended to the limited deviation authority pres­ ulations. read as follows : ently in § 121.391(b) rather than the one proposed in the notice. However, the (a) Except as provided in § 25.2 of§ 25.785 Seats, berths, safety belts, and additional limitation proposed in the this chapter, an applicant for a change harnesses. notice prohibiting any operation with to type certificate must comply with * * * * * fewer flight attendants than the number either— (c) Each occupant of a sideward fac­ used in emergency evacuation demon­ (1) The regulations incorporated by ing seat must be protected from head strations under § 121.291 is beings reference in the type certificate; or injury by a safety belt and an energy ab­ retained. (2) The applicable regulations in ef­ sorbing rest that will support the arms, Section 121.571(b). Passenger briefing fect on the date .of the application, plus shoulders, head, and spine, or by a safety cards. Several comments were of the any other amendments the Administra­ belt and a shoulder harness that will pre­ opinion that distributing cards to each tor finds to be directly related. vent the head from contacting any inju­ passenger was impractical and would * * * » * rious object. Each occupant of any other add very little to the oral briefing. There 3. A new § 25.2 is added after § 25.1 seat must be protected from head injury is also an FAA study in progress to de­ to read as follows: by— termine better methods of informing (1) A safety belt and shoulder har­ passengers on emergency exists. In view § 25.2 Special retroactive requirements. ness that will prevent the head from con­ of these facts, the requirement for dis­ Notwithstanding §§ 21.17 and 21.101 of tacting any injurious object; tributing the briefing cards has been this chapter and irrespective of the date (2) A safety belt plus the elimination deleted from this amendment. of applicant, each applicant for a type of any injurious object within striking Section 121.589. Carry-on baggage. certificate and each applicant for a radius of the head; or The provisions of this new section have supplemental-type certificate (or an (3) A safety belt and an energy ab­ been revised and clarified to permit more amendment to a type certificate) involv­ sorbing rest that will support the arms, effective enforcement. The prohibition ing an increase in passenger seating shoulders, head, and spine. against carrying articles of baggage capacity to a total greater than that aboard that could slide out from under 7. Section 25.803 is amended by for which the airplane has been type amending paragraph (b) and by adding seats in the event of a crash has been certificated, must show : postponed in order to allow installation new paragraphs (c), (d), and (e) as (a) After October 23, 1967, that the follows: of a means of securing them. One com­ airplane concerned meets the require­ ment indicated that It would take ments of §§ 25.783(g), 25.785(c), 25.803 § 25.803 Emergency evacuation. several years to equip all existing seats (b), (c), and (d), 25.807(a), 25.807(c), * * * ♦ * in this manner. However, the FAA be­ 25.807(d), 25.809 (f) and (h), 25.811 (a), (b) Passenger ventral and tail cone, lieves that such an installation will be (b), (d), (e), (f), and (g), 25.812 (a) (1), crew aecess, and service doors may be relatively simple and can be accom­ (b), (c), (d), (è), (h), (i), (j), (k) (1), considered as emergency exits if they plished in a much shorter period of time. (k) (2),.25.813 (a), (b), and (c), 25.815, meet the applicable requirements of this Appendix D. The changes proposed in 25.817, 25.853 (a) and (b), 25.855(a), section and §§ 25.805 through 25.813. the notice and other existing FAA inter­ 25.993(f), 25.1359(c), in effect on Octo­ (c> Except as provided in paragraph pretations (see for example item 20) are ber 24,1967; and (d) of this section, on airplanes having incorporated in paragraph (a) and, in (b) After April 24, 1969, that the air­ a seating capacity of more than 44 pas­ addition, the paragraph is reorganized plane concerned meets the requirements sengers, it must be shown by actual dem­ and reworded for greater clarity. of H 25.721(d), 25.803(e), 25.811(c), onstration that the maximum seating Interested persons have been afforded 25.812 (a)(2), (b), (g), and (k) (3) in capacity, including the number of crew­ an opportunity to participate in the effect on October 24, 1967. members required by the operating rules, making of this amendment, and due 4. Section 25.721 is amended by adding for which certification is requested can consideration has been given to all a new paragraph (d) to read as follows: be evacuated from the airplane to the matter presented. ground within 90 seconds. Evacuees us­ § 25.721 General. (Secs. 313(a), 601, 603, and 604 of the Federal' ing stands or ramps allowed by subpara­ Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, * * * * * graph (8) of this paragraph are con­ 1423, and 1424)) __- ~ (d) The main landing gear systemsidered to be on the ground when they must be designed so that if it fails due are on the stand or ramp, provided that In consideration of the foregoing, the acceptance rate of the stand or ramp Parts 21, 25, 37, and 121 of the Federal to overloads during takeoff and landing is no greater than the acceptance rate Aviation Regulations are amended effec­ (assuming the overloads are in the ver­ of the means available on the airplane tive October 24, 1967, as follows: tical plane parallel to the longitudinal for descent from the wing during an ac­ 1. Section 21.17(a) is amended to readaxis of the airplane), the failure mode is tual crash situation. The demonstration as follows: not likely to puncture any part of the fuel system in the fuselage. must be conducted under the following § 21.17 Designation of applicable regu­ conditions: lations. 5; Section 25.783 is amended by adding (1) It must be conducted either dur­ (a) Except as provided in § 25.2 of thisa new paragraph (g) to read as follows: ing the dark of the night or during day­ chapter, an applicant for a type certifi­ § 25.783 Doors. light with the dark of the night simu­ cate (other than for restricted category, ***** lated, utilizing only the emergency light­ import, or surplus military, aircraft) ing system and utilizing only the emer­ must show that the aircraft, aircraft (g) Each passenger entry door in thegency exits and emergency evacuation side of the fuselage must qualify as a equipment.on one side of the fuselage, engine, or propeller concerned meets the Type A, Type I, or Type II passenger with the airplane in the normal ground applicable requirements of this sub- emergency exit and must meet the re­ attitude, with landing gear extended. chapter that are effective on the date of quirements of §§ 25.807 through 25.813 (2) All emergency equipment must oe application for that certificate, unless— that apply to that type of passenger installed in accordance with specified (1) Otherwise specified by the Ad­ emergency exit. If an integral stair is limitations of the equipment. (3) Each external door and exit, ana ministrator; or installed at such a passenger entry door, the stair must be designed so that when each internal door and curtain must oe (2) Compliance with later effective subjected to the inertra forces specified in a configuration to simulate a norm amendments is elected or required under in § 25.561, and following the collapse ikeoff. • this section. of one or more legs of the landing gear, (4) Seat belts and shoulder harnesses • * • • • it will not interfere to an extent that will is required) must be fastened.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13263

(5) A representative passenger load of comer radii not greater than one-third Stepdown distance as used in this section persons in normal health must be used the width of the exit, located over the means the actual distance between the as follows: wing, with a step-up inside the airplane bottom of the required opening and a (i) At least 30 percent must be female. of not more than 20 inches and a step- usable foothold, extending out from the (ii) Approximately 5 percent must be down outside the airplane of not more fuselage, that is large enough to be ef­ over 60 years of age, with a proportion­ than 27 inches. fective without searching by sight or ate number of females. (4) Type IV. This type must have a feel. (iii) At least 5 percent but no more rectangular opening' of not less than 19 • * * * * than 10 percent must be children under inches wide by 26 inches high, with 9. Section 25.807(c) is amended to 12 years of age, prorated through that corner radii not greater than one-third read as follows: the width of the exit, located over the age group. (c) Passenger emergency exits. The (6) Persons who have knowledge of wing, with a step-up inside the airplane of not more than 29 inches and a step- prescribed exits need not be diamétrically the operation of the exits and emergency opposite each other nor identical in size equipment may be used to represent an down outside the airplane of not more than 36 inches. and location on both sides. They must air carrier crew. Such representative be distributed as uniformly as practica­ crewmembers must be in their seats as­ (5) Ventral. This type is an exit from the passenger compartment through the ble taking into account passenger distri­ signed for takeoff and landing and none bution. The first floor level exit on each may be seated next to an emergency exit pressure shell and the bottom fuselage skin. The dimensions and physical con­ side of the fuselage must be in the rear­ unless that seat is his assigned seat for ward part of the passenger compartment takeoff. They must remain in their as­ figuration of this type of exit must allow at least the same rate of egress as a Type unless another location affords a more signed seats until receiving the signal I with the airplane in the normal ground effective means of passenger evacuation. for the beginning of the demonstration. attitude, with landing gear extended. Where more than one floor level exit per (7) There can be no practice or re­ side is prescribed, at least one floor level hearsal of the demonstration for the pas­ (6) Tail cone. This type is an aft exit from the passenger compartment exit per side must be located near .each sengers except that they may be briefed end of the cabin, except that this provi­ as to the location of all emergency exits through the pressure shell and through an openable cone of the fuselage aft of sion does not apply to combination before the demonstration. However, no cargo/passenger configurations. Exits indication may be given of the particular the pressure shell. The means of opening the tail cone must be simple and obvious, must be provided as follows: exits to be used in the demonstration. (1) Except as provided in subpara­ (8) Stands or ramps may be used for and must employ a single operation. (7) Type A. An emergency exit may graphs (2) through (8) of this para­ descent from the wing to the ground. graph, the number and type of passenger (9) All evacuees other than those us­ be designated as a Type A exit if the fol­ lowing criteria are met: emergency exits must be in accordance ing an overwing exit must leave the air­ with the following table: plane by the means provided as part of (i) There must be a rectangular open­ the airplane’s equipment. ing not less than 42 inches wide by 72 inches high, with comer radii not greater Emergency exits for each (d) The emergency evacuation dem­ Passenger seating capac­ side of the fuselage onstration need not be repeated after a than one-sixth of the width of the exit. ity (cabin attendants change in the interior arrangement of (ii) It must be a floor level exit. not included) (iii) Unless there are two or more Troe Type' Type the airplane or an increase of not more TS$* rv than 5 percent in passenger seating main (fore and aft) aisles, the exit must be located so that there is passenger flow capacity over that previously approved 1 through 10-...... 1 by actual demonstration, or both, if it along the main aisle to that exit from 11 through 19______1 both the forward and aft direction. 20 through 39...... 1 1 can be substantiated by analysis, taking 40 through 59...... 1 1 due account of the differences, that all (iv) There must be an unobstructed 60 through 79...... 1 1 passageway at least 36 inches wide lead­ 80 through 109...... 1 1 1 the passengers for which the airplane ing from each exit to the nearest main 110 through 139...... 2 1 is certificated can evacuate within 90 140 through 179...... 2 2 seconds. aisle. (v) If two or more main aisles are (e) An escape route must be estab­ provided, there must be unobstructed (2) Two Type IV exits may be in­ lished from each overwing emergency stalled instead of each Type HE exit pre­ exit, marked and (except for flap sur­ cross aisles at least 20 inches wide be­ tween main aisles. There must be a cross scribed in subparagraph (1) of this para­ faces suitable as slides) covered with a graph. slip resistant surface. aisle leading directly to each passageway between the exit and the nearest main (3) If slides meeting the requirements 8. Section 25.807(a) is amended toaisle. of § 25.809(f) (1) are installed at floor read as follows: (vi) There must be a least one seat level exits (other than overwing exits), § 25.807 Passenger emergency exits. adjacent to each such exit that could the passenger/emergency exit relation­ be occupied by a flight attendant. ship specified in subparagraph (1) of this (a) Type and location. For the pur­ (vii) ''Adequate assist space next to paragraph may be increased by— pose of this part, the types and locations each Type A exit must be provided at of exits are as follows: (i) Not more than five passengers on each side of the passageway, to allow the airplanes with at least two of these exits; (1) Type /. This type must have a crewmember(s) to assist in the evacua­ and rectangular opening of not less than 24 tion of passengers without reducing the (ii) Not more than 10 passengers on wches wide by 48 inches high, with unobstructed width of the passageway corner radii not greater than one-third below that required by subdivision (iv) airplanes with at least four of these exits. uie width of the exit. Type I exits must of this subparagraph. However, no increase in passenger seat­ oe floor level exits. (viii) At each non-over-wing exit ing capacity is allowed under this sub- f2^ Type ii. This type must have a there must be installed a slide capable paragraph if an increase in passenger rectanguiar opening of not less than 20 of carrying simultaneously two parallel seating capacity is obtained under sub- ruches wide by 44 inches high, with lines of¿evacuees. paragraph (4) of this paragraph. r°™er yadii not greater than one-third (ix) Each overwing exit having a (4) An increase in passenger seating Jhe width of the exit. Type H exits mttst stepdown must have an assist means un­ capacity above the maximum permitted thn -r level ex*ts unless located over less the exit without an assist means can under subparagraph (1) of this para­ ®ewing in which case they may not be shown to have a rate of passenger graph but not to exceed a total of 299 m e * steP-up inside the airplane of egress at least equal to that of the same may be allowed in accordance with the ai?10 teches nor a stepdown out- type of non-over-wing exit. If an assist following table for each additional pair m"® airplane of more than 17 inches. means is required it must be automati­ of emergency epdts in excess of the min­ iPe 111 ‘ Th^s type must have a cally deployed, and automatically erected, imum number prescribed in subpara­ opening of not less than 20 concurrent with the opening of the exit graph (1) of this paragraph for 179 s wide by 36 inches high, with 4md self-supporting within 10 seconds. passengers:

No. 182- FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13264 RULES AND REGULATIONS

Additional emer- Increase in passenger ministrator, that the evacuation capa­ (b) The identity and location of each gency exits (each seating capacity bility of the airplane during ditching is passenger emergency exit must be recog­ side of fuselage) allowed improved by the use of larger exits or by nizable from a distance equal to the Type A______100 other means, the passenger/exit ratio width of the cabin. Type I______45 Type II______40 may be increased. (c) Means must be provided to assist Type EH______35. (3) If side exits cannot be above the the occupants in locating the exits in waterline, the side exits must be replaced conditions of dense smoke. (5) For passenger capacities in excess by an equal number of readily accessible (d) The location of each passenger of 299, each emergency exit in the side overhead hatches of not less than the emergency exit must be indicated by a of the fuselage must be either a Type A dimensions of a Type III exit except that, sign visible to occupants approaching or a Type I. A passenger seating capacity for airplanes with a passenger capacity along the main passenger aide. There of 100 is allowed for each pair of Type of 35 or less, the two required Type HI must be a locating sign— A exits and a passenger seating capacity side exits need be replaced by only one of 45 is allowed for each pair of Type I overhead hatch. (1) ' Above the aisle near each over- exits. (4) Two Type IV exits may be in­ the-wing passenger emergency exit, or (6) If a passenger ventral or tail cone stalled instead of each required Type III at another ceiling location if it is more exit. practical because of low headroom; exit is installed and can be shown to (2) Next to each floor level passenger allow a rate of egress at least equivalent 11. Section 25.809 is amended by emergency exit, except that one sign may to that of Type i n exit with the airplane amending paragraph Cf) and by adding serve two such exits if they both can be in the most adverse exit opening condi­ a new paragraph (h) as follows; tion because of the collapse of one or seen readily from the sign; and more legs of the landing gear, an increase § 25.809 Emergency exit arrangement. (3) On each bulkhead or divider that ***** prevents fore and aft vision along the in passenger seating capacity beyond the passenger cabin, to indicate emergency limits specified in subparagraph (1), (4), (f) Each landplane emergency exitexits beyond and obscured by it, except or (5) of this paragraph may be allowed (other than exits located over the wing) that if this is not possible the sign may as follows: more than 6 feet from the ground with be placed at another appropriate loca­ (i) For a ventral exit, 12 additional the airplane on the ground and the land­ tion. passengers, ing gear extended must have an approved (e) The location of the operating han­ (ii) For a tail cone exit incorporating means to “assist the occupants in de­ dle and instructions for opening must be a floor level opening of not less than 20 scending to the ground as follows: jshown— inches wide by 60 inches high, with cor­ (1) The assisting means for each pas­ (1) For each passenger emergency ner radii not greater than one-third the senger emergency exit must be a self- exit, by a marking on or near the exit width of the exit, in the pressure shell supporting slide or equivalent, and must that is readable from a distance of 30 and incorporating an approved assist be designed so that it is— inches; and means in accordance with § 25.809(f) (1), (1) Automatically deployed, and auto­ (2) For each Type I or Type n pas­ 25 additional passengers; or matically erected, cohcurrent with the senger emergency exit with a locking (iii) For a tail cone exit incorporating opening of the exit except that the mechanism released by rotary motion of an opening in the pressure shell which is assisting means may be erected in a dif­ the handle, by— at least equivalent to a Type III emer­ ferent manner when installed at service (i) A red arrow, with a shaft at least gency exit with respect to dimensions, doors that qualify as emergency exits, three-fourths inch wide and a head twice step-up and stepdown distance, and and at passenger doors; and the width of the shaft, extending along at with the top of the opening not less than (ii) Erectable within 10 seconds and of least 70® of arc at a radius approximately 56 inches from the passenger compart­ such length that the lower end is self- equal to three-fourths of the handle supporting on the ground after collapse length; and ment floor, 15 additional passengers. p f any one or more landing gear legs. (7) For airplanes on which the verti­ (ii) The word “open” in red letters 1 (2) The assisting means for flight inch high, placed horizontally near the cal location of the wing does not allow crew emergency exits may be a rope or the installation of overwing exits, an any other means demonstrated to be head of the arrow. exit of at least the dimensions of a Type (f) Each emergency exit that is re­ suitable for the purpose. If the assisting quired to be openable from the outside, HI must be installed instead of each Type means is a rope, or an approved device i n and each Type IV exit required by and its means of opening, must be equivalent to a rope, it must be— marked on the outside of the airplane. subparagraph (1) of this paragraph. (i) Attached to the fuselage structure (8) Each emergency exit in the pas­ In addition, the following apply: at or above the top of the emergency (1) The outside marking for each pas­ senger compartment in excess of the exit opening, or, for a device at a pilot’s minimum number of required emergency senger emergency exit in the side of the emergency exit window, at another ap­ fuselage must include a 2-inch colored exits must meet the applicable require­ proved location if the stowed device, or ments of §§ 25.809 through 25.812, and its attachment, would reduce the pilot’s band outlining the exit. must be readily accessible. (2) Each outside marking including view in flight; the band, must have color contrast to be 10. Section 25.807(d) is amended to (ii) Able (with its attachment) to read as follows: readily distinguishable from the sur­ withstand a 400-pound static load. rounding fuselage surface. The contrast (d) Ditching emergency exits for pas­ * * * * * sengers. If the emergency exits required must be such that if the reflectance by paragraph (c) of this section do not (h) If the trailing edge of the flaps inof the darker color is 15 percent or less, meet subparagraphs (1) and (2) of this the landing position is more than 6 feet the reflectance of the lighter color must, paragraph, exits must be added to meet above the ground with the airplane on be at least 45 percent. “Reflectance e them: the ground and the landing gear ex­ the ratio of the luminous flux reflected (1) A Type TV exit on each side of the tended, or if the wing is more than 6 feet by a body to the luminous flux it receive. airplane, both above the waterline, with above the ground with the landing gear When the reflectance of the darker oo a passenger seating capacity of 10 or less. extended and the flaps are unsuitable as is greater than 15 percent, at leas® (2) A Type HI exit for airplanes with a slide, means must be provided to assist 30-percent difference between its renec- a passenger seating capacity of 11 or evacuees (who have used the overwing ance and the reflectance of the lign more, with at least one emergency exit exits) to reach the ground. color must be provided. above the waterline for each unit (or 12. Section 25.811 is amended to read (3) m the case of exists other tnan part of a unit) of 35 passengers, but no as follows: those in the side of the fuselage, such as less than two such exits, with one on ventral or tail cone exists, the externa each side of the airplane. However, § 25.811 Emergency exit marking. means of opening, including instru where it has been shown through analy­ (a) Each passenger emergency exit, Itsif applicable, must be conspicuous* sis, ditching demonstrations, or any means of access, and its means of open­ marked in red, or bright chrome y other tests found necessary by the Ad­ ing must be conspicuously marked. if the background color is such that rea

FEDERAL REGISTER, VOL. 32, NO. T82— WEDNESDAY, SEPTEMBER 20, 1067 RULES AND REGULATIONS 13265

inconspicuous. When the opening means § 25.803 (e) that is farthest from the those that are directly damaged by the is located on only one side of the fuselage, exit; and separation. a conspicuous marking to that effect must (3) Not less than 0.02 foot-candle 14. Section 25.813 is amended by be provided on the other side. on the ground surface with the landing amending paragraphs (a), (b), and (c) (g) Emergency exits need only be gear extended (measured on a horizon­ to read as follows: marked with the word “Exit.” tal plane) where an evacuee using the § 25.813 Emergency exit access. established escape route would normally 13. A new § 25.812 is added to read as (a) There must be a passageway be­ follows: make first contact with the ground. (g) The means required in § 25.809 tween individual passenger areas, and ! §25.812 Emergency lighting. (f) (1) and (h) to assist the occupants in leading from each aisle to each Type I (a) An emergency lighting system, in- descending to the ground must be il­ and Type n emergency exit. These pas­ i dependent of the main lighting system, luminated so that the deployed assist sageways must be unobstructed and at must be installed which includes: means is visible from the airplane. least 20 inches wide. (1) illuminated emergency exit mark- (1) If the assist means is illuminated (b) For each passenger emergency ; ing and locating signs, sources of general by exterior emergency lighting, it must exit covered by § 25.809(f), there must be cabin illumination, and interior lighting provide— enough space next to the exit to allow a in emergency exit are^is. (1) Illumination at each overwing crewmember to assist in the evacuation (2) Exterior emergency lighting. emergency exit of not less than 0.02 of passengers without reducing the un­ (b) Each passenger exit sign and each obstructed width of the passageway be­ foot-candle on the ground surface with low that required for the exit. exit locating sign must have white letters the landing gear extended (measured in at least 1 inch high on a red background a horizontal plane) where an evacuee (c) There must be access from each at least 2 inches high. These signs may be using the established escape route would aisle to each Type III or Type IV exit. internally electrically illuminated, or normally make first contact with the The access must not be obstructed by self-illuminated by other than electrical ground; and seats, berths, or other protrusions which means, with an initial brightness of at (ii) Illumination at each non-over­ would reduce the effectiveness of the exit. • least 160 microlamberts. The colors may wing emergency exit, of not less than However, for airplanes having a maxi­ be reversed in the case of internally elec­ 0.03 foot-candle (measured normal to mum passenger seating capacity not ex­ trically illuminated signs if this will in­ the direction of the incident light) at the ceeding 19, there may be minor obstruc­ crease the illumination of the exit. ground end of the assist means and, for tions if there are compensatory factors (c> General illumination in the pas­ each non-over-wing exit in the side of to maintain the effectiveness of the exit. senger cabin must be provided so that the fuselage, over a spherical surface 10° For airplanes having a maximum seating when measured along the centerline of to either side of the center of the assist capacity of 29 or more, the projected main passenger aisles at seat armrest means and from 30° above to 5° below opening of the exit provided must not be height and at 40-inch intervals, the aver­ the 45° position of the assist means. obstructed by a seatback in any position age illumination is not less than 0.05 at the outboard seat locations. foot-candle. A main passenger aisle is (2) If the assist means is self-illum­ 15. Section 25.815 is amended to read considered to extend along the fuselage inated, the lighting provisions— as follows: from the most forward passenger emer­ (i) May not be adversely affected by gency exit or cabin occupant seat, which­ stowage; and § 25.815 Width of aisle. ever is farther forward, to the most rear­ (ii) Must provide sufficient ground The passenger aisle width at any point ward passenger emergency exit or cabin surface illumination so that obstacles at between seats must equal or exceed the occupant seat, whichever is farther aft. the end of the assist means are clearly values in the following table: (d) The floor of the passageway lead­ visible to evacuees. (h) The energy supply to each emer­ ing to each floor-level passenger emer­ Minimum passenger gency exit, between the main aisles and gency lighting unit must provide the re­ aisle width (inches) quired level of illumination for at least the exit openings, must be provided with Passenger seating capacity illumination. 10 minutes at the critical ambient con­ Less than 25 inches ditions after emergency landing. 25 inches and more (e) The emergency lighting system from floor from floor must be designed as follows: (i) If storage batteries are used as the (1) The lights must be operable man­ energy supply for the emergency lighting system, they may be recharged from the 10 or less...... 12 15 ually from the flight crew station and (if 11 through 19______12 20 airplane’s main electric power system: 20 or more...... 15 20 required by the operating rules of this Provided, That, the charging circuit is chapter) from a point in the passenger designed to preclude inadvertent battery compartment that is readily accessible to discharge into charging circuit faults. 16. A new § 25.817 is added to read as a normal flight attendant seat. Means follows: must be provided to safeguard against in­ (j) Components of the emergency advertent operation of the manual lighting system, including batteries, wir­ § 25.817 Maximum number of seats controls. ing relays, lamps, and switches must be abreast. capable of normal operation after hav­ n Wteu armed or turned on, the ing been subjected to the inertia forces On airplanes having only one passen­ lights must remain lighted or become listed in § 25.561(b). ger aisle, no more than 3 seats abreast lighted upon interruption (except an in­ may be placed on each side of the aisle (k) The emergency lighting system in any one row. terruption caused by a vertical separa­ must be designed so that after any single tion of the fuselage during crash land- vertical separation of the fuselage dur­ 17. Paragraphs (a) and (b) of § 25.853 r 8* tiie airplane’s normal electric Power. ing crash landing— are amended to read as follows: (l) Not more than 25 percent of all If) Exterior emergency lighting must electrically illuminated emergency lights § 25.853 Compartment interiors. w provided at each overwing exit so that the illumination is— required by this section are rendered Materials (including finishes, if ap­ inoperative, in addition to the lights plied) used in each compartment occu­ (JP less than 0.02 foot-candle that are directly damaged by the sep­ pied by the crew or passengers, must f S SUred on a plane Parallel to the sur-_ aration; meet the following test criteria, as .v J °n-a ^-square-foot area where an (2) Each electrically illuminated exit applicable: ^ lively to make his first step sign required under § 25.811(d) (2) re­ (a) When tested in accordance with outside the cabin; mains operative exclusive of those that the applicable portions of Appendix F *ess tiian 0.05 foot-candle are directly damaged by the separation; of this part or the applicable portions of £ ? S d .rl?rmal to «ie direction of and methods 5902 and 5906, dated May 15, of i^pident light) for a minimum width (3> At least one required exterior 1951, of Federal Specification CCC-T- slin.rif't. along tiie 30 percent of the emergency exit light for each side of the 191b (which is available from the Gen­ y esistant escape route required in airplane remains operative exclusive of eral Services Administration, Business

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13266 RULES AND REGULATIONS

Service Center, Region 3, Seventh and D removed from the conditioned environment such that the weight and hook together equal Streets S.W., Washington, D.C. 20407), immediately before subjecting it to the flame. the total tearing load specified below must or other approved equivalent method, the (b) Specimen configuration. The speci­ be applied gently to the specimen by grasp- interior wall panels, interior ceiling men must be no thicker than the minimum ing the corner of the cloth at the opposite thickness to be qualified for use in the air­ edge of the char from the load and raising panels, draperies, structural flooring, plane. Rigid and flexible specimens, 4% the specimen and weight dear of the sup. baggage racks, partitions, thermal insu­ inches by 12% inches, or the actual size port. The total tearing load for various lation, and coated fabric insulation used in the airplane must be clamped in a weights per square yard of test doth is as covering must be self-extinguishing af­ metal frame so that the two long edges and follows: one end are held securely. The frame must ter flame removal. All materials used in Weight per square these applications must be tested verti­ be such that the exposed area is at least 2 inches wide and 11% inches long unless the yard of test cloth Total tearing cally. If the material is tested vertically actual size used in the airplane is smaller. In (ounces} ,__» (pounds) as a fabricated unit, a section of that the case of fabrics, the direction of the weave 2 to 6 ______fabricated unit must also be tested hori­ corresponding to the most critical burn rate Over 6 to 15___ ------0.5 zontally. The average char length may must be parallel to the longest dimension. Over 15 to 23 0.75 not exceed 8 inches when the material (c) Apparatus. The tests must be con­ Over 2 3 ____ _ is tested vertically, and may not exceed ducted in a sheet metal cabinet of appropri­ On materials other than fabrics, the char 4 inches when thématerial is tested hori­ ate size provided with a door containing length,is the total length Of the specimen zontally. Layered materials may not be a glass insert for observing the burning spec­ consumed or charred by burning. The length separated for the purpose of this test. imen. The cabinet top must contain a baffled is measured from the ignition edge to a point vent. There must be baffled holes or similar that is not punctured by a ballpoint pen (or (b) When tested horizontally under means of ventilation near the bottom of the equivalent) when progressively moved from the applicable portions of Appendix P cabinet. Larger panels need not be tested unburaed to burned areas. of this part, or the applicable portions in this apparatus but must be tested in sim­ of method 5906, dated May 15, 1951 of ilar draft-free conditions. § 37.175 [Amended] (d) Horizontal test. A minimum of three Federal Specification CCC-T-191b, or specimens must be tested and the results 22. Paragraph (a) (1) of § 37.175 is other approved equivalent method, in­ averaged. Bach specimen must be supported amended by adding a new sentence be­ terior materials not specified in para­ horizontally. The surface exposed to the air fore the last sentence to read as follows: graph (a) of this section must be at when installed in the aircraft must be face “However, new models manufactured on least flame resistant. Layered materials down for "the test. The specimen must be or after October 24,1967, are required to may not be separated for thè purpose of ignited by a Bunsen burner or Tirrill burner be designed so as to be fully inflated in this test. with a nominal three-eighths inch I.D. tube not more than 10 seconds after actuation adjusted to give a flame of 1% inches in of the inflation means.” 18. Paragraph (a) of § 25.855 is height with the air completely shut off. The amended to read as follows: specimen must be positioned so that the edge 23. Section 121.291 is amended to read being tested is three-fourths of an inch as follows: § 25.855 Cargo and baggage compart­ above the top of, and on the center line of, ments. the burner. The flame must be applied for 15 § 121.291 Demonstration of emergency (a) Each cargo and baggage compart­ seconds and then removed. Char length must evacuation procedures. be noted when testing for compliance with ment (including tie down equipment) § 25.853(a). To determine burn rate for com­ (a) Each certificate-holder must show, must be constructed of materials that pliance with § 25.853(b) , a minimum of 10 by actual demonstrations conducted in at least meet the requirements set forth inches of the specimen must be used for accordance with paragraphs (a) and (b) in § 25.853. * timing purposes, approximately 1% inches of Appendix D to this part, that the ♦ * * * * must burn before the burning front reaches emergency evacuation procedures for the timing zone, and the average burn rate each type and model of airplane with a 19. A new paragraph (f) is added to must not exceed 4 inches per minute. If, in seating capacity of more than 44 pas­ § 25.993 to read as follows: testing for compliance with § 25.853(b), the sengers, that is used in its passenger­ specimens do not support combustion after § 25.993 Fuel system lines and fittings. the ignition flame is applied for 15 seconds, carrying operations, allow the evacuation * * * * * ' or if the flame extinguishes itself and sub­ of the full seating capacity, including (f) Each fuel line within the fuselage sequent burning without a flame does not crewmembers, in 90 seconds or less— must be designed and installed to allow a extend into the undamaged areas, the mate­ (1) Upon the initial introduction of a reasonable degree of deformation and rial is also acceptable. type and model of airplane into pas­ stretching without leakage. (e) Vertical test. A minimum of three senger-carrying operations; specimens must be tested and the results (2) Upon increasing by 5 percent or 20. A new paragraph (c) is added to averaged. Bach specimen must be supported more the passenger seating capacity for § 25.1359 to read as follows: vertically. Ceiling or floor panels may be tested with any edge down. Rigid specimens which a successful demonstration has § 25.1359 Electrical system fire and of materials mounted vertically in the air­ been conducted; or smoke protection. plane must be oriented for the test in the (3) Upon a major change in the pas­ * * * * * same manner as oriented in the airplane. The senger cabin interior configuration that specimen must be Ignited by a Bunsen or will affect the emergency evacuation of (c) Main power cables (including gen­ Tirrill burner with a nominal three-eighths erator cables) must— inch I.D. tube adjusted to give a flame of 1 % assengers. (1) Be isolated from flammable fluid inches in height with the air completely towever, until October 1, 1969, a cer- lines in the fuselage; shut off. The center line of the burner must ificate holder who is initially introduc- (2) Be shrouded by means of electri­ be in line with a surface of the material ig a type and model aircraft that does being tested or, in the case of fabricated ot meet the requirements of § 25.8ua cally insulated flexible conduit, or equiv­ units, must be in line with the surface ex­ alent, which is in addition to the normal posed to the air in the airplane. The lower f) (1) of this chapter need only accom- cable insulation; and edge of the specimen being tested must be lish the required demonstrations in (3) Be designed to allow a reasonable three-fourths inch above the top of the linutes or less. . degree of deformation and stretching burner. The flame must be applied for 12 (b) Each certificate holder operating without failure. seconds and then removed. Char length must r proposing to operate one or mo 21. Part 25 is amended by adding a new be noted. mdplanes in extended overwater oper - Appendix P to read as follows: (f) Char length. Char length for fabrics Ions, or otherwise required to na and coated fabrics is the distance from the ertain equipment under § 121.339, m Appendix P specimen end that was exposed to the flame to the end of a tear made lengthwise on the how, by a simulated ditching conduct* AN ACCEPTABLE "TEST PROCEDURE FOR SHOWING specimen through the center of the charred l accordance with paragraph ic) COMPLIANCE WITH SECTION 25.853 ' area. The tear must be made as follows: A appendix D to this part, that it has tn (a) Conditioning. Specimens must be con­ hook must be inserted in the specimen at bility to efficiently carry out its ditcnu s ditioned at 70° P. plus or minus 5° and at one side of the charred areas one-fourth rocedures. 50 percent plus or minus 5 percent relative inch from the adjacent outside edge and humidity until moisture equilibrium Is one-fourth inch in from the charred end 24. Section 121.309 is amended by de­ reached. Only one specimen at a time may be of the specimen. A weight of sufficient size nting paragraphs (f), (Sh ^

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13267 by adding a new paragraph (f ) to read as erate automatically from the independ­ means of opening and applicable instruc­ follows: ent lighting system— tions marked conspicuously in red or, §121.309 Emergency equipment. - (i) In a crash landing; or if red is inconspicuous against the back­ (ii) Whenever the airplane’s normal ground color, in bright chrome yellow * * * * * electric power to the light is interrupted. and, when the opening means for such (f) Megaphones. Each passenger­ (2) After September 30, 1969, each an exit is located on only one side of the carrying airplane must have a portable light must— fuselage, a conspicuous marking to that battery-powered megaphone or mega­ (i) Be operable manually both from effect must be provided on the other side. phones readily accessible to the crew­ the flight crew station and from a point members assigned to direct emergency in the passenger compartment that 4s “Reflectance” is the ratio of the luminous evacuation, installed as follows: flux reflected by a body to the luminous readily accessible to a normal flight at­ flux it receives. (1) One megaphone on each airplane tendant seat; with a seating capacity of more than 60 (ii) Have a means to prevent inad­ 32. Sections 121.310(h) and 121.310 and less than 100 passengers, at the most vertent operation of the manual controls; (i) are deleted and new § 121.310 (h), rearward location in the passenger cabin and (i), and (j) are added after § 121.310(g) where it would be readily accessible to a (iii) When armed or turned on at to read as follows: normal flight attendant seat. either station, remain lighted or become (h) Exterior emergency lighting and (2) Two megaphones in the passenger lighted upon interruption of the air­ escape route. After September 30, 1969, cabin on each airplane with a seating plane’s normal electric power. no person may operate a passenger-car­ capacity of more than 99 passengers, one rying airplane unless it is equipped with installed at the forward end and the Each light must be armed or turned on exterior emergency lighting that meets other at the most rearward location during taxiing, takeoff, and landing. In the requirements of § 25.812(f) of this where it would be readily accessible to a showing compliance with this paragraph chapter and a slip resistant escape route normal flight attendant seat. a vertical separation of the fuselage need that meets the requirements of § 25.803 not be considered. 25. Section 121.310(a) is amended to (e) of this chapter. read as follows: 29. Section 121.310(e) is amended by deleting the phrase “After June 30,1966,” (i) Other floor level exits. After Sep­ § 121.310 Additional emergency equip­ from the lead sentence and by capital­ tember 30, 1969, no certificate holder ment. izing the word which follows that phrase. may operate a passenger-carrying air­ (a) Means for emergency evacuation. 30. Section 121.310(f) is amended by plane unless each floor level exit on the Each passenger-carrying landplane deleting the phrase “After June 30,1966,” airplane meets all the emergency exit emergency exit (other than over-the- from the lead sentence, by capitalizing requirements of this section. However, wing) that is more than 6 feet from the the word which follows that phrase, and the Administrator may grant a deviation ground with the airplane on the ground by amending subparagraph (3) to read from this paragraph for a floor level exit and the landing gear extended,' must as follows: outside the passenger cabin if he finds have an approved means to assist the (f) Emergency exit access. * * * that special circumstances make com­ occupants in descending to the ground. (3) There must be access from the pliance impractical and that the pro­ The assisting means for a floor level main aisle to each Type i n and Type IV posed deviation provides an equivalent emergency exit must comply with the exit. The access from the aisle to these level of safety. following: . exits must not be obstructed by seats, (j) Additional emergency exits. Ap­ (1) Until October 1, 1969, it must be a berths, or other protrusions in a manner proved emergency exits in the passenger slide or equivalent approved device suit­ that would reduce the effectiveness of the compartments that are in excess of the able for rapid evacuation of passengers. exit. In addition, after October 24, 1968, minimum number of required emergency During flight the slide, or equivalent ap­ the access must meet the requirements of exists must meet all of the applicable proved device, must be kept readily ac­ § 25.813(c). provisions of this section except para­ cessible for immediate installation and 31. Section 121.310(g) is amended to graph (f) (1), (2), and (3) and must be use. . 7.. . read as follows: readily accessible. (2) After September 30, 1969, it must (g) Exterior exit markings. Each pas­ meet the requirements of § 25.809(f) (1) 33. Section 121.311 is amended by add­ senger emergency exit and the means of ing new paragraphs (c) and (d) at the of this chapter. An assisting means that opening that exit from the outside must deploys automatically must be armed be marked on the outside of the airplane. end thereof to read as follows: during taxiing, takeoffs, and landings. There must be a 2-inch colored band § 121.311 Seat and safety belts. This paragraph does not apply to the rear outlining the exit and each outside ***** wmdow emergency exit of DC-3 airplanes marking, including the band, must be (c) After September 30, 1969, each readily distinguishable from the sur­ operated with less than 36 occupants in­ sideward facing seat must comply with cluding crewmembers and less than five rounding fuselage surface by contrast exits authorized for passenger use. in color. The markings must comply with the applicable requirements of § 25.785 ***** the following: (c) of this chapter. (1) Until October 1, 1969, unless all (d) Except where necessary to comply 26. Section 121.310(b) is amended by the requirements of subparagraph (2) with § 121.310(f) (3), no person may taxi, the Phrase “After September 15, of this paragraph are met, the reflec­ from the lead sentence, by capi­ tance of the lighter color must exceed takeoff, or land an airplane unless each talizing the word which follows that the reflectance of the darker color by a passenger seat back is in the upright posi­ pnrase, and by changing the cross-refer- factor of at least three. tions. Each passenger shall comply with “j,® “J subparagraph (2) to read (2) After September 30,1969, or when­ instructions given by a crewmember in s "0.012(b)”. / ever the exterior exit markings on an compliance with this paragraph. Se<^ion 121.310(c) is amended by airplane are repainted, whichever oc­ 34. A new § 121.312 is added to read as S P ? the P ^ ^ e “After September 15, curs first— follows: psmii J TOm khe lead sentence and by (i) If the reflectance of the darker p X f ZinS the WOrd which follows that color is 15 percent or less, the reflectance § 121.312 Materials for compartment of the lighter color must be at least 45 interiors. rea!! afp0!?011 121-310(d) is amended to percent; as follows: After October 24, 1968, upon the first (ii) If the reflectance of the darker major overhaul of an aircraft cabin or re­ tiov * emer9ency light opera­ color is greater than 15 percent, at least furbishing of the cabin interior all mate­ te) nf 5 ? hght required by paragraph a 30-percent difference between its re­ following- sec^on must comply with the flectance and the reflectance of the rials in each compartment used by the lighter color must be provided; and crew or passengers that do not meet musth?ntil 9 ctober 1&69* each light (iii) Exits that are not in the side of § 25.853 must be replaced with materials operable manually, and must op­ the fuselage must have the external that meet that requirement.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13268 RULES AND REGULATIONS

§ 121.319 [Deleted] (1) The demonstration must be conducted (16) If safety equipment as allowed bv either during the dark of the night or during item (4) of this section is provided, either all 35. Section 121.319 is deleted. daylight with the dark of the night simu­ passenger and cockpit windows must be 36. Section 121.391 is amended as fol­ lated. If the demonstration is conducted in­ blacked out or all of the emergency exits lows: doors during daylight hours, it must be must have safety equipment in order to pre­ a. Paragraph (a) is amended to read conducted with each window covered and vent disclosure of the available emergency as follows: each door closed to minimize the daylight exits. effect. Illumination on the floor or ground (17) Not more than 50 percent of the § 121.391 Flight attendants. may be used, but it must be kept low and emergency exits may be used for the demon­ shielded against shining into the airplane’s stration. Exits that are not to be used in the (a) Each certificate holder shall pro­ windows or doors. vide at least the following flight attend­ demonstration must have the exit handle de­ (2) The airplane must be a normal ground activated or must be indicated by red lights, ants on each passenger-carrying air­ attitude with landing gear extended. red tape, or other acceptable means, placed plane used: (3) Stands or ramps may be used for de­ outside the exits to indicate fire or other (1) For airplanes having a seating scent from the wing to the ground. Safety reason that they are unusable. The exits to capacity of more than nine but less than equipment such as mats or inverted life rafts be used must be representative of all of the 45 passengers—one flight attendant. may be placed on the ground to protect par­ amergency exits on the airplane and must (2) For airplanes having a seating ca­ ticipants. No other equipment that is not be designated by the certificate holder, sub­ pacity of more than 44 but less than 100 part of the airplane’s emergency evacuation ject to approval by the Administrator. At passengers—two flight attendants. may be used to aid the participants in reach­ least one floor level exit must be used. (3) For airplanes having a seating ca­ ing the ground. (18) All evacuees, except those using an pacity of more than 99 passengers—two (4) The airplane’s normal electrical power over-the-wing exit, must leave the airplane flight attendants plus one additional sources must be deenergized. by a means provided as part of the airplane’s (5) All emergency equipment for the type equipment. flight attendant for each unit (or part of of passenger-carrying operation involved (19) The certificate holders approved pro­ a unit) of 50 passenger seats above a must be installed in accordance with the cedures and all of the emergency equipment seating capacity of 99 passengers. certificate holder’s manual. that is normally available, including slides, b. Paragraph (b) is amended by add­ (6) Each external door and exit, and each ropes, lights, and megaphones, must be fully ing the following flush sentence: “How­ internal door or curtain must be in position utilized during the demonstration. ever, no certificate holder may take off an to simulate a normal takeoff. (20) The evacuation time period is com­ airplane with fewer flight attendants (7) A representative passenger load of per­ pleted when the last occupant has evacuated than the number used in conducting the sons in normal health must be used. At least the airplane and is on the ground. Evacuees emergency evacuation demonstration re­ 30 percent must be females. At least 5 per­ using stands or ramps allowed by item (3) quired by § 121.291 of this chapter.” cent must be over 60 years of age with a above are considered to be on the ground proportionate number of females. At least when they are on the stand or ramp: Pro­ c. A new paragraph (d) is added to 5 percent but not more than 10 percent vided, That the acceptance rate of the stand read as follows: must be children under 12 years of age, pro­ or ramp is no greater than the acceptance (d) During takeoff and landing, flightrated-through that age group. Three life-size rate of the means available on the airplane attendants shall be located as near as dolls, not included as part of the total pas­ for descent from the wing during an actual practicable to floor level exits and shall be senger load, must be carried by passengers crash situation. uniformly distributed throughout the to simulate live infants 2 years old or younger. Crewmembers, mechanics, and 39. Paragraph (b) of Appendix D to airplane in order to provide the most ef­ Part 121 is amended to read a s follows: fective egress of passengers'll! event of an training personnel, who maintain or operate emergency evacuation. the airplane in the normal course of their (b) Gear-up crash landing demonstration. duties, may not be used as passengers. The demonstration must assume the fol­ § 121.571 [Amended] (8) No passenger may be assigned a spe­ lowing conditions: 37. Section 121.571 is amended by add­ cific seat except as the Administrator may (1) Daylight hours exist outside the air­ require. Except as required by item (12) of plane. ing a flush sentence at the end of para­ this paragraph, no employee of the certificate graph (b) to read as follows: “Each card holder may be seated next to an emergency (2) The airplane was involved in an unan­ required by this paragraph must contain exit. < , ticipated gear-up crash landing. information that is pertinent only to the (9) Seat belts and shoulder harnesses (as w»' (3) All required flight crewmembers are type and model airplane used for that required) must be fastened. incapacitated. flight.” (10) Before the start of the demonstration, (4) All regularly assigned flight attend­ approximately one-half of the total average ants are available to conduct the evacuation. 38. A new § 121.589 is added to read as amount of carry-on baggage, blankets, pil­ In addition, the evacuation demonstration follows: lows, and other similar articles must be dis­ must be conducted under the conditions tributed at several locations in the aisles and of Nos. (4)-(20) of the aborted takeoff dem­ § 121.589 Carry-on baggage. emergency exit access ways to create minor onstration, except that a stand must be obstructions. placed at each emergency exit or wing with (a) No certificate holder may permit the top platform of the stand level with the a passenger to carry any article of bag­ (11) The seating density and arrangement bottom of the fuselage. gage aboard an airplane unless— of the airplane must be representative of the (1) That article is stowed in a suitable highest capacity passenger version of that Issued in Washington, D.C., on Sep­ airplane the certificate holder operates or tember 15,1967. baggage or cargo storage compartment, proposes to operate. or is stowed as provided in paragraph (c) (12) Each crewmember must be a member W il l ia m F. M cK ee, of section 121.285; or of a regularly scheduled line crew, must be Administrator. (2) That article can be stowed under seated in his normally assigned seat for take­ [F.R. Doc. 67-11032; Filed, Sept. 18, 1967; a passenger seat. off, and must remain in that seat until he 8:50"ajn.] (b) After April 24, 1969, no certificate receives the signal for commencement of holder may permit a passenger to carry the demonstration. any article of baggage aboard an air­ (13) No crewmember or passenger may be [Docket No. 8015; Arndt. 39-481] plane under paragraph (a) (2) of this given prior knowledge of the emergency section unless that article can be stowed exits available for the demonstration. PART 39— AIRWORTHINESS (14) The certificate holder may not prac­ DIRECTIVES under a passenger seat in such a way that tice, rehearse, or describe the demonstration it will not slide forward under crash im­ for the participants nor may any participant Allison-Aero Products Models pacts severe enough to induce the inertia have taken part in this type of demonstra­ loads specified in § 25.561(b) (3). tion or a gear-up crash landing demonstra­ A6441FN—606, A6441 FN-606A 39. Paragraph (a) of Appendix D to tion within the preceding 6 months. Propellers (15) The pretakeoff passenger^ briefing re­ Part 121 is amended to read as follows: quired by § 121.571 may be given in accord­ Amendment 39-417 (32 F.R. 7124), AD Appendix D ance with the certificate holder’s manual. 67-17-1, requires daily inspection, or re­ The passengers may also be warned to fol­ placement where necessary, of Allison- CRITERIA FOR DEMONSTRATION OF EMERGENCY low directions of crewmembers, but may not EVACUATION PROCEDURES UNDER $ 121.291 be instructed on the procedures to be fol­ Aero Products Models A6441FN-606 an (a) Aborted takeoff demonstration. lowed in the demonstration. A6441FN-606A propellers in which were

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13269 installed fixed splines Part No. 6522974, the flap drive screw jacks on Model BAC In the amendment, an extension to the Serial No. 1367 and up or Part Nos. 1-11 200 and 400 Series airplanes for (1) Fort Stewart/ Ga., control zone was de­ 6523110 and 6509978. Subsequent to the freedom of movement, (2) chipping and scribed as “* * * within 2 miles each issuance thereof, it has come to the at* gouging, and (3) backlash. The AD re­ side of the 049° bearing from the Stewart tention of the FAA that fixed splines quires that each of these inspections be RBN, extending from the 5-mile radius bearing Part No. 6508538 were also sub­ repeated at intervals not to exceed 160 zone to 2 miles northeast of the ject to failure which could result in.pro- hours’ time in service from the last such RBN * * peller overspeeds. inspection. The FAA has subsequently Subsequent to the publication of the Pursuant to the authority delegated to determined that the inspections for back­ rule, the U.S. Army advised that the me by the Administrator, an amendment lash may be performed at intervals not name of the Stewart RBN would be to AD 67-17-1 was adopted on Septem­ to exceed 600 hours’ time in service from changed to “Allenhurst RBN,” effective ber 8, 1967, and made effective immedi­ the last such inspection, and the AD is October 12, 1967. It is necessary to alter ately, by telegram, as to all known opera­ being amended to permit this time inter­ the rule accordingly. tors of the aforementioned Allison-Aero val between the inspections. Since this amendment is editorial in Products Models propellers, adding a Since this amendment relieves a nature, notice and public procedure paragraph (e) to the AD to require the restriction, and imposes no additional hereon are unnecessary. marking and inspection as outlined in burden on any person, notice and public In consideration of the foregoing, ef­ paragraphs (b) and (c) of AD 67-17-1 procedure hereon are unnecessary and fective immediately, F.R. Doc. No. 67- of those propellers in which are installed the amendment may be made effective in 9861 is amended as follows: fixed spline Part No. 6508538 and which less than 30 days. Beginning on line 8 of the Fort Stewart, do not have the restrictors required by In consideration of the foregoing, and Ga., control zone description “* * * with­ AD 67-20-1. The purpose of the marking pursuant to the authority delegated to in 2 miles each side of the 049° bearing and inspection is to determine the air­ me by the Administrator (14 GFR 11.89), from the Stewart RBN * * *” is deleted worthiness of fixed spline Part No. § 39.13 of Part 39 of the Federal Aviation and ***■*• within 2 miles each side of 6508538 by an operational ground check. Regulations, Amendment 39-477 (32 F.R. the 049° bearing from the Allenhurst Since it was found that immediate 12911) AD 67-25-2 is amended by RBN * * *” is substituted therefor. corrective action was required, notice amending paragraphs (a) and (b) to (Sec. 307(a), Federal Aviation Act of 1958; and public procedure thereon was im­ read as follows: 49 U.S.C. 1348(a)) practical and contrary to the public in­ terest and good cause existed for making (a) Por airplanes with flap drive screw Issued in East Point, Ga., on Septem­ jacks with 1,550 or more hours’ time in serv­ ber 8, 1967. the amendment to the AD effective ice on September 9, 1967, comply with para­ immediately as to all known operators graphs (c), (d) and (e) within the next 50 Gordon A. W illiams, Jr., of the propellers. These conditions still hours’ time in service after September 9, Acting Director, Southern Region. exist and the addition to the AD is 1967, and thereafter (1) comply with para­ ederal eg graphs (c) and (d) at intervals not to exceed [F.R. Doc. 67-11000; Filed, Sept. 19, 1967; hereby published in the F R ­ 8:46 a.m.] ister as an amendment to § 39.13 of 160 hours’ time in service from the last in­ Part 39 of the Federal Aviation Regula­ spection, and (2) comply with paragraph (e) at intervals not to exceed 600 hours’ tions to make it effective as to all persons. [Airspace Docket No. 67-EA-4] In view of the foregoing, and pursuant time in service from the last inspection. (b) For airplanes with flap drive screw p a r t 71— designation o f f e d e r a l to the authority delegated to me by the jacks with less than 1,550 hours’ time in Administrator (31 F.R. 13697), § 39.13 of service on September 9, 1967, (1) comply AIRWAYS, CONTROLLED AIRSPACE, Part 39 of the Federal Aviation Regula­ with paragraph (c) within the next 50 hours’ AND REPORTING POINTS tions, Amendment 39-417 (32 F.R. 7124), time in service, after September 9, 1967, and AD 67-17-1, is amended as follows thereafter at intervals not to exceed 160 Designation of Transition Area Add a paragraph (e) to read as fol­ hours’ time in service from the last inspec­ lows: tion, (2) comply with paragraph (d) before On pages 8724 and 8725 of the F ederal the accumulation of 1,600 horns’ time in R egister for June 17, 1967, the Federal (e) Within the next 10 hours’ time in service and thereafter at Intervals not to Aviation Administration published pro­ service from the effective date of this amend­ exceed 160 hours’ time in service from the posed regulations which would designate ment, unless already accomplished, each last inspection, and (3) comply with para­ a 700-foot floor transition area over propeller which has not been modified to graph (e) before the accumulation of 1,600 comply with the restrictor installation of Elizabethtown-Hardin County Airport, hours’ time in service and thereafter at in­ Elizabethtown, Ky. paragraph (a) of AD 67-20-1 and in which tervals not to exceed 600 hours’ time in is installed a fixed spline Part No. 6508538, service from the last inspection. Interested parties were given 30 days accomplish the markings and inspections after publication in which to submit outlined in paragraphs (b) and (c). This amendment becomes effective written data or views. No objections to This amendment becomes effective September 20, 1967. the proposed regulations have been re­ September 20,1967 for all persons except (Secs. 313(a), 601, 603, Federal Aviation Act ceived. those to whom it was made effective by of 1958; 49 U.S.C. 1354(a), 1421, 1423) In view of the foregoing, the proposed telegram dated September 8, 1967. regulations are hereby adopted effective Issued in Washington, D.C., on Sep­ 0001 e.s.t., November 9,1967. ’ 601, 60®’ Federal Aviation Act tember 15,1967. ol 1958; 49 U.S.C. 1354(a), 1421, 1423) (Sec. 307(a), Federal Aviation Act of 1958 (72 R. S. S liff, Stat. 749; 49 U.S.C. J348)) J T * , * Kansas City, Mo.; on Sep­ Acting Director, tember 13, 1967. Flight Standards Service, Issued in Jamaica, N.Y., on August 24, ' [F.R. Doc. 67-11014; Filed, Sept. 19, 1967; 1967. Daniel E. B arrow, 8:47 a.m.] R. M. B rown, Acting Director, Central Regiori Acting Director, Eastern Region. IFh. Doc. 67-11013; Piled, Sept. 19, II [Airspace Docket No. 67-SO-66] Amend § 71.181 of Part 71 of the 8:47 a.m.J Federal Aviation Regulations so as to PART 71— DESIGNATION OF FEDERAL designate a 700-foot floor transition area [Docket No.. 8382; ^m dt.-39-485] AIRWAYS, CONTROLLED AIRSPACE, for Elizabethtown, Ky., described as AND REPORTING POINTS follows: PART 39— AIRWORTHINESS E lizabethtown, Ky . DIRECTIVES Alteration of Control Zone That airspace extending upward from 700 On August 23, 1967, F.R. Doc. No. 67- feet above the surface within a 5-mile BritioLAirCraf# CorP- Model BAC 1- radius of the center, 37°45'10" N„ 85°53'10" and 400 Series Airplanes 9861, effective October 12,1967, was pub­ W., of Elizabethtown-Hardin County Air­ lished in the F ederal R egister (32 F.R. port, Elizabethtown, Ky., and within 2 miles A D ^ Ï r 39- 477 81 F.R. 129] 12110) amending Part 71 of the Federal each side of the New Hope, Ky., VOR 306° ‘-¿5-2, requires the inspection Aviation Regulations. radial extending from the 5-mile radius

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13270 RULES AND REGULATIONS area to the VOR excluding that portion that Due consideration was given to all com­ Notice 65-9) which was published in the coincides with the Louisville, Ky., transition ments received. F ederal R egister on April 29, 1965 (30 area. This transition area shall be in effect The largest number of comments was from sunrise to sunset, daily. F.R. 6074). In this notice the FAA in­ received from general aviation Interests formed aircraft owners and operators, [F.R. Doc. 67-11001; Filed, Sept. 19, 1967*. which generally objected to the lowering manufacturers, and other interested per­ 8:46 ajn.] of positive control area. The principal sons, of its tentative plans for the ensu­ objections raised by this group are as ing 10 years which could affect them. [Airspace Docket No. 67-EA-14J follows: Direct radio communication between 1. The development and market po­ pilot and controller is desirable for PART 71— DESIGNATION OF FEDERAL tential of light, supercharged aircraft normal IFR operations and is impera­ AIRWAYS, CONTROLLED AIRSPACE, capable of operating in this strata would tive to provide the added degree of AND REPORTING POINTS be reduced and programs in general safety obtained within positive control aviation would be retarded because of airspace. It is not contemplated that all Designation of Transition Area the cost of installing and maintaining aircraft would need to have 360 channel ' tran sp on d ers and communications VHF radio equipment, but that only the On page 8977 of the F ederal R egister equipment. for June 23, 1967, the Federal Aviation number of channels need be installed in 2. High altitude soaring activities a particular aircraft that is required for Administration published proposed regu­ would be unnecessarily restricted. lations which would designate a 700-foot the environment and area in which it 3. The FAA should exercise less con­ will be operated. Of course, 360 r.hannp] floor transition area over Schuylkill trol of aircraft operations rather than County (Zerbey) Airport, Fottsville, Pa. equipment would be useful for providing more control. the maximum current communications Interested parties were given 30 days 4. There have been no collisions in the capability. after publication in which to submit writ­ proposed airspace so positive control Air traffic control can safely reduce ten data or views. No objections to the could not improve safety. proposed regulations have been received. the aircraft separation minimums 5. Positive control is not needed in the through the use of radar. Yet the use of In view of the foregoing, the proposed airspace proposed, but is needed at lower primary radar alone poses a serious regulations are hereby adopted effective altitudes. limitation in that all targets would be 0001 e.s.t., November 9,1967. It is difficult to forecast the number displayed on the controller’s radar con­ [Sec. 307(a), Federal Aviation Act of 1958 (72 of general aviation aircraft which may sole, resulting in scope clutter. The use Stat. 749; 49 U.S.C. 1348)) operate in the strata between 18,000 feet of radar beacon greatly enhances the MSL and FL 240, and it is even more controller’s capability to identify indi­ Issued in Jamaica, N.Y.,~on August 24, difficult to forecast the extent to which 1967. vidual aircraft and provides radar tar­ sales of aircraft or economic capabilities get reinforcement. Air traffic control can R. M. B rown, and desires of prospective buyers would safely handle a much greater volume of Acting Director, Eastern Region. be affected. It is our view, however, that air traffic with a radar beacon system there will be little additional operations than without it. This equipment will also Amend § 71.181 of Part 71 of the Fed­ above 18,000 feet resulting from super­ eral Aviation Regulations so as to desig­ help to reduce the number of voice com­ charger -installations to existing single­ munications which would alleviate the nate a Pottsville, Pa., transition area engine, light aircraft. These modifica­ described as follows: increasing congestion of air-ground tions, if made, wouldL improve aircraft communications. P ottsville, Pa, performance below 18,000 feet as well as above. On the other hand, the number of Positive separation at these altitudes That airspace extending upward from 700 requires target reinforcement and the feet above the surface within a 6-mile ra­ pressurized aircraft powered by turbo­ dius of the center, 40°42'25" N., 76°22'40" jet, or supercharged conventional en­ elimination of extraneous radar targets W., of Schuylkill County (Zerbey) Airport, gines capable of operating in this strata which the radar beacon provides. A fur­ Pottsville, Pa.; and within 2 miles each side is expected to increase. Further, the cost ther factor which must be considered is of the Ravine, Pa., VOR 049° radial extend­ of these aircraft would be sufficiently that the future of the air traffic control ing from the 6-mile radius area to 9 miles great that it would be expected that system is dependent upon a radar beacon northeast of the VOR. virtually all pilots operating them would response for tracking, altitude reporting [F.R. Doc. 67-11002; Filed, Sept. 19, 1967; be IFR rated, and the equipment neces­ and target identification. 8:46 a.m.] sary for operation in positive control area As stated in the notice, most high alti­ would be a very minor portion of their tude soaring operations are conducted total cost. The speeds of these aircraft near the mountainous areas in the west­ [Airspace Docket No. 67-WA-16] would be great enough that collision haz­ ern part of the United States, and, there­ fore would not be affected by this action. PART 71— DESIGNATION OF FEDERAL ards in this strata will increase consider­ ably and cause even more justification The issuance of a waiver could accom­ AIRWAYS, CONTROLLED AIRSPACE, for positive control area. At the same modate the rare excursion of a soaring AND REPORTING POINTS time, greater use of this altitude strata by operation into this airspace. The FAA exercises en route traffic con­ Alteration of Positive Control Area the short haul air carrier jet is expected. It is therefore evident that the combina­ trol to the extent that IFR aircraft are The purpose of this amendment is to tion of military, increased general avia­ provided separation from each other. designate positive control area over por­ tion and increased air carrier aircraft This separation would be complete if all tions of the northeast and north central will raise the collision hazard in this aircraft involved are operating IFR ana United States between flight level 240 strata well beyond its current level. if no human error is committed by the and 18,000 feet MSL. The FAA’s program to improve the pilot or controller. Visual separation pro­ The FAA published a notice of pro­ national airspace system necessarily vided by pilots operating VFR has its posed rule making in the F ederal R eg­ involves improving.the type and quality limitations and is not as effective as ister on May 13, 1967 (32 FJEt. 7219) of airborne equipment required for safe, separation provided by the FAA- Eve which proposed an amendment to Part and efficient operations in the airspace.- though the cruising altitude of vr« 71 of the Federal Aviation Regulations Over the years, the FAA has presented an traffic is usually separated by at least (that would designate positive control equipment program for general aviation 500 feet from IFR traffic and by area in this airspace. Many comments through press releases, conferences, re­ feet from opposite direction VFR tram , were received in response to the notice, ports, speeches, and rule making. This no separation is provided during a.n ai * some favoring and many objecting to program was published in detail in an tude change. The specified honzonUj the proposed amendment. Comments advance notice of proposed rule making and vertical distances to be maintain varied from a recommendation to desig­ entitled “Airborne Radio Navigation and from cloud formations are difficult to nate positive control area down to 10,000 Communications Equipment for General mate with accuracy, and at a reia feet MSL to another recommendation to Aviation Aircraft, and Related Consider­ slow closure speed of 500 knots, the , revoke all existing positive control area. ations, 1965-75” (Docket No. 6606— foot distance between a VFR aircra

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13271 and an IFR aircraft departing a cloud- ing and from previous meetings with N., long. 87*23'50” W.; thence to lat. 37“43'- formation would be traversed in 2.4 sec­ user groups. 30” N., long. 88“19'00” W.; thence to lat. The Department of Defense concurred 37°32*00” N., long. 88°50'00” W.; thence to onds, which may be insufficient time for lat. 37°09'00” N„ long. 90°34'00” W.; thence the pilots to detect each other and take with the proposal provided this expan­ to lat. 36°26'00” N., long. 94“41'00” W.; evasive action. Visibility while in flight sion can be accomplished with the pres­ thence to lat. 36°55'00” N., long. 95°05'00” may decrease below the 3-mile minimum ent FAA resources including equipment, W.; thence to lat. 36“42'00” N., long. 95°53'- existing on departure. The physical struc­ personnel and frequencies. The National 00” W.; thence to lat. 38“04'00” N., long. ture and configuration of various types of Airspace System presently can absorb 96°00'00” W.; thence to lat. 38“22'00” N., aircraft may limit the pilot’s peripheral the slight amount of added traffic with­ long. 96° 22'00” W.; thence to lat. 38° 22'00” vision, thus reducing the effectiveness of out expanding its capability. N„ long. 98°24'00” W.; thence to lat. 38°47'- 00” N., long. 99°04'00” W.; thence to lat. the see and avoid type of separation. Most of the comments received were 39°23'00” N„ long. 99°04'00” W.; thence to This is especially true where a slow air­ from individual pilots who objected to lat. 42“08'15” N„ long. 99°01'15” W.; thence craft is descending and a faster aircraft the proposal. Comments from national to lat. 42°20'00” N., long. 98°34'00” W.; to the rear and below is climbing. These organizations which represent large thence to lat. 43°16'30” N„ long. 97°01'45” inadequacies are eliminated when the numbers of pilots and business aircraft W.; thence to lat. 43°00'00” N., long. 96“- FAA provides U3t separation service for interests throughout the United States 43'00” W.; thence to lat. 43°04'30” N„ long. all aircraft within a given parcel of were equally divided in their attitude 95°37'00” W.; thence to lat. 45°54'00” N., toward the proposal. long. 95°29'00” W.; thence to lat. 46°17'45” airspace. N., long. 93°50'00” W.; thence to lat. 44“- The statement made by several com­ The FAA is appreciative of all com­ 57'45" N., long. 90 “01'30” W.; thence to lat. mentators that there have been no colli­ ments received and, even though the 45°34'30” N.t long. 89°18'00” W.; thence to sions in the strata proposed herein is volume of comments precludes individual lat. 45“10'00” N„ long. 88°35'30” W.; thence correct. The FAA feels that steps taken replies, consideration has been given to to lat. 44°50'00” N„ long. 88“00'00” W.; now toward the prevention of collision all relevant arguments presented. ' thence to lat. 44“04'00” N., long. 85“00'00” would be wiser than frantic measures It i s . recognized that an added eco­ W.; thence to lat. 43°52'00” N„ long. 84“ 10'- following an accident. Even though there nomic burden will be borne by a small 00” W.; thence to lat. 43“52'00” N., long. number of users who will have to pur­ 82“11'20” W.; thence along the United have been no collisions within positive States/Canadian border to lat. 45 “01'00” N., control area pilots have reported near chase additional equipment to operate long. 71“29'00” W.; thence to lat. 45“17'00” collisions. A study of all near collision within this airspace. However, the ad­ N., long. 71“20'10” W.; thence to lat. 45“17'- reports within and outside positive con­ dition of all aircraft which operated on a 20” N. long. 71“16'00” W.; thence along the trol area reveals that a much more fa­ VFR flight plan within this airspace in United States/Canadian border to lat. 45*- vorable ratio of flights per near collision 1966 would increase the total number of 18'10” N., long. 71“05'40” W.; thence to lat. report exists within positive control area. IFR flights by only three-tenths of 1 45“19'00” N„ long. 70“56'00” W.; thence In 1962, when positive control area was percent. The added degree of safety pro­ along the United States/Canadian border to designated in only a small portion of the lat. 45“19'55" N., long. 70*49'00” W.; thence vided by the designation of this airspace to lat. 45“20'40" N., long. 70°39'30” W.; United States, the ratio of total flights as positive control area will outweigh the thence to lat. 45“40'40” N., long. 70”30'30” above FL 240 to near collision reports economic burden imposed upon the small W.; thence along the United States/Cana­ was only 6,543 to 1. In the same year the number of persons affected. It should be dian border to lat. 45“40'20” N., long. 67“- ratio between FL 180 and FL 240 was noted that the required additional equip­ 46'30” W.; thence to lat. 45“37'30” N., long. slightly less, 6,204 to 1. In 1966 when ment for operation within positive con­ 67“46'30” W.; thence to lat. 45°27'0O” N„ positive control area virtually blanketed trol area (radar beacon and direct pilot long. 67°29'00” W.; thence along the United the conterminous United States, the ratio to controller radio) are also useful out­ States/Canadian border to lat. 44“48'00” N„ of total flights within positive control long. 66“53'00” W.; thence via a line 3 side positive control area for normal IFR nautical miles from the coastline to lat. 44°- area to near collision reports increased operation and VFR flight. As aircraft Ol'OO” N., long. 69“01'00” W.; thence to lat. favorably to 76,097 to 1 (11.6 times safer operations continue to increase year after 43°47'48” N., long. 69°23'20” W.; thence via than in 1962), whereas between FL 180 year, dependence upon the radar beacon aline 3 nautical miles from the coastline to and FL 240 below positive control area, features of target identification, target lat. 43“09'31” N., long. 70“31'24” W.; thence the ratio increased to only 19,047 to 1. reinforcement and elimination of extra­ to lat. 43“07'40” N„- long. 70°32'45” W.; Unfortunately, there will always be a neous targets will become more pro­ thence to lat. 43“03'16” N., long. 70“36'17” remote possibility of collision of aircraft, nounced. W.; thence to lat. 42“57'43” N., long. 70“41'- resulting from human error, structural 49” W.; thence via a line 3 nautical miles The notice stated that in a separate from the coastline to lat. 41“59'10” N„ long. failure, or some unforeseen circum­ action the FAA was proposing an amend­ 70“32'10” W.; thence to lat. 42“05'45” N., stance. However, these statistics indicate ment to Part 91 of the Federal Aviation long. 70 “17'50” W.; thence via a line 3 nauti­ that the threat of collision is reduced Regulations that would permit a pilot cal miles from the-coastline to lat. 41“29'- within a positive control environment. possessing an FAA private or commer­ 54” N., long. 70“30'26” W.; thence to lat. The comment that collision is more cial certificate or the military equivalent, 41“26'24” N., long. 71“05'36” W.; thence via hkely at low altitudes than between but not currently qualified to conduct a line 3 nautical miles from the coastline to 18,000 feet and FL 240 is obviously cor­ instrument flight under the provisions lat. 41“16'30" N., long. 71“47'35” W.; thence rect since many more aircraft operate at to lat. 41“04'50” N„ long. 71*47'25” W.; of Part 61, to operate within certain thence to lat. 41“01'20” N., long. 71“50'45” the lower altitudes. The present state of positive control areas in accordance with W.; thence via a line 3 nautical miles from the art precludes the designation of posi­ controlled visual flight (CVF). This pro­ the coastline to lat. 38°00'00” N., long. 75°- tive control area at low altitudes with- posal is still under consideration. ll'OO” W.; thence to lat. 38”13'30” N„ long. out an unacceptable delay due to the In consideration of the foregoing, Part 75”41'00” W.; thence to lat. 38“20'30” N., volume of aircraft operations. Most air­ 71 of the Federal Aviation Regulations is long. 75“36'40” W.; thence to lat. 38“53'- craft which cruise between 18,000 feet amended, effective 0001 e.s.t., November 40” N., long. 75“51'20” W.; thence to lat. and FL 240 now operate IFR. H ie FAA 9, 1967, as hereinafter set forth. 38“26'20” N., long. 77“03'15” W.; thence to as the capability now to provide posi- Section 71.193 (32 F.R. 2274, 9643) is lat. 37“01'00" N., long. 77*55'00” W.; thence ive control service without increased amended by adding the following: to lat. 36*19'00” N„ long. 79“16'00” W.; lay to the small number of aircraft That airspace within the continental con­ thence to lat. 37“00'00” N., long. 80“25'10” perations which will be added to the air trol area from 18,000 feet MSL up to FL 240 W.; thence to lat. 37“12'15” N., long. 80*25'- amc system by designation of this bounded by a line beginning at: lat. 37“ 18'- 45” W.; thence to the point of beginning. strata as positive control area. 15” N„ long. 80°44'45” W.; thence to lat. 37“- 16'00” N., long. 80“53'00” W.; thence to (Sec. 307(a), Federal Aviation Act of 1958; in the comments were two 49 U.S.C. 1348) ^?r a PuWic hearing. A public lat. 37°11'30” N., long. 81°09'00” W.; thence not be convened since the to lat. 36°34'00” N„ long. 84°01'00” W.; Issued in Washington, D.C., on Sep­ thence to lat. 36*30'00” N., long. 84°45'00” tember 6, 1967. ^ toisb ator has determined that no • W.; thence to lat. 36°12'30” N., long. 85“10'- igTuflcant information could be adduced 30” W.; thence to lat. 36°11'00” N., long. 85"- Archie W. League, hnc ii Pubii° hearing beyond that which 24'00” W.; thence to lat. 36°54'00” N., long. Director, Air Traffic Service. kceu obtained from com- 85*35'00” W.; thence to lat. 37°18'00” N„ [FJR. Doc. 67-11015; Filed, Sept. 19, 1967; to the notice of proposed rule mak­ long. 86°09'00” W.; thence to lat. 37°16'30” 8:47 ami.}

No. 182- FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13272 RULES AND REGULATIONS V [Airspace Docket No. 67-WA-30] all outstanding classifications, the sec­ Subpart B— Ethical and Other Conduct and tion is editorially amended to state that Responsibilities of Employees PART 71— DESIGNATION OF FEDERAL authority to reclassify stations shall be Sec. AIRWAYS, CONTROLLED AIRSPACE, 0.735-10 Proscribed actions. exercised in accordance with the sched­ 0.735-11 Gifts, entertainment, and favors. AND REPORTING POINTS ule specified in the applicable Board 0.735-12 Outside employment and other order. No substantive change is effected Revocation of Federal Airway activity. thereby. 0.735-13 Financial interests. The purpose of this amendment to This regulation is issued by the under­ 0.735-14 Use of Government property. Part 71 of the Federal Aviation Regula­ signed, pursuant to a delegation of au­ 0.735—15 Misuse of information. tions is to revoke the U.S. segment of thority from the Board to the General 0.735-16 Indebtedness. 0,735-17 Gambling, betting, and lotteries. Amber Federal airway No. 1 from the Counsel in 14 CFR 385.19, and shall be­ 0.735-18 General conduct prejudicial to the intersection of Ediz Hook, Wash., RBN come effective 20 days after publication Government. 090° bearing and the south course of the in the F ederal R egister. Procedures for 0.735-19 Miscellaneous statutory provisions. Victoria, B.C., Canada Radio Range to review of this amendment by the Board the United States/Canadian border. are set forth in Subpart C of Part 385 Subpart C— Ethical and Other Conduct and Re­ The Canadian Department of Trans­ (14 CFR 385.50-385.54). sponsibilities of Special Government Employees port is considering the revocation of the Accordingly, the Board hereby amends 0.735-21 Application of Subpart B of this Canadian portion of Amber 1 south of paragraph (c) of § 385.14 (14 CFR part to special Government ] Victoria effective November 9, 1967, as employees. 385.14(c)), effective October 10, 1967, to 0.735-22 Use of Government employment. 1 they no longer have a requirement for read as follows: 0.735—23 Use of inside information. this airway segment. If this action is 0.735-24 Coercion. taken, the segment of Amber 1 south of § 385.14 Delegation to the Chief, Rates Division, Bureau of Economics. 0.735-25 Gifts, entertainment, and favors. the international border would serve no 0.735-26 Miscellaneous statutory provisions. 1 useful purpose. The Board hereby delegates to the Since this amendment will revoke an Chief, Rates Division, Bureau of Eco­ Subpart D— Statements of Employment and extension to a Canadian airway that will nomics, the authority to: Financial Interests be revoked effective November 9, 1967, 0.735-31 Form and content of statements, j * * * * * 0.735-32 Employees ^ required to submit | the Administrator has determined that (c) Upon the application of any per­ statements. notice and public procedure thereon is son or upon his own initiative, change 0.735-33 Presidential appointees. unnecessary. the classification of any station for pur­ 0.735-34 Time and place for submission of | In consideration of the foregoing, Part poses of the multielement service mail statements. 71 of the Federal Aviation Regulations rate formulas applicable to the trans­ 0.735-35 Supplementary statements. is amended effective 0001 e.s.t., Novem­ 0.735-36 Interests of employees’ relatives. portation of airmail and nonpriority mail 0.735-37 Information not known by em- i ber 9, 1967, as hereinafter set forth. whenever the total revenue tons of all Section 71.105 (32 FJt. 2006) is ployees. traffic enplaned at the station during the 0.735-38 Information prohibited. amended as follows: most recent 12-month period bring it 0.735-39 Confidentiality of employees’ In A -l all before “From the Sandspit, within a different class, 'in accordance statements. B.C., Canada, RR” is deleted. 0.735-40 Effect of employees’ statements on with the schedule specified in the ap­ (Sec. 307(a), Federal Aviation Act of 1958; other requirements. 49 U.S.C. 1348) plicable Board order. 0.735-41 Specific provisions for special Gov­ * * * * * ernment employees. Issued in Washington, D.C., on Sep­ 0.735-42 Reviewing statements. tember 14, 1967. (Sec. 204(a), Federal Aviation Act of 1958, as amended, 72 Stat. 743; 49 U.S.C. 1324) Subpart E— Statutory Disqualification and H. B. H elstrom, Provision for Exemptions Thereto Chief, Airspace and Air By the Civil Aeronautics Board. 0.735-51 Disqualification. Traffic Rules Division. [seal] O. D. Ozment, 0.735-52 Exemptions. Acting General Counsel. [F.R. Doc. 67-11016; Filed, Sept. 19, 1967; Au t h o r it y : The provisions of this Part 8:47 a.m.] [F.R. Doc. 67-11033; Filed, Sept. 19, 1967; 0 issued under E.O. 11222 of May 8, 1965, 30 » 8:48 a.m.] F.R. 6469, 3 CFR, 1965 Supp.; 5 CFR 735.104. Chapter II— Civil Aeronautics Board Subpart A— General Provisions SUBCHAPTER E— ORGANIZATION REGULATIONS § 0 .7 3 5 -1 Purpose. [Reg. ORr-24; Amdt. 3] Title 16— COMMERCIAL This part establishes standards of PART 385— DELEGATIONS AND RE­ PRACTICES ethical conduct for employees and spe­ VIEW OF ACTION UNDER DELE­ cial Government employees in the Fed­ eral Trade Commission. It sets form GATION; NONHEARING MATTERS Chapter I— Federal Trade Commission regulations pertaining to financial in­ Classification of Stations terests; acceptance of gifts, entertain­ SUBCHAPTER A— PROCEDURES AND RULES OF ment, and favors; outside employment, Adopted by the Civil Aeronautics PRACTICE use of Government information; ana Board at its office in Washington, D.C., PART 0— STANDARDS OF CONDUCT teaching, lecturing, and writing, ims on the 15th day of September 1967. , part also contains instructions on me Section 385.14(c) delegates to the Effective September 20, 1967, Part 0 filing of statements of employment ana Chief, Rates Division; authority to re­ is revised and amended to read as financial interests by certain employ classify stations according to the ton­ and special Government employees. nage schedule originally specified by the follows: Board in Order E-9284, dated June 7, \ Subpart A— General Provisions § 0.735-2 Authority. 1955, for purposes of determining domes­ Sec. This part is based on01Pui0URc„.LExecu- tic service mail compensation. In its 0.735-1 Purpose. 849, effective January 21, 1963, Execu recent decision in the “Domestic Service 0.735-2 Authority. 0.735-3 Presidential policy. tive Order 11222 of May 8, 1965.and Mail Rate Investigation,” Order E-25610, 0.735-4 Definitions. Part 735 of Civil Service regulations ( dated August 28, 1967, the Board reclas­ 0.735-5 Interpretation and advisory serv­ CFR Part 735). This part does notpu sified all domestic stations in accordance ice. port to refer to or enumerate every with a revised tonnage schedule. The 0.735-6 Reporting conflicts of interest. striction or requirement ,,v 1955 schedule, however, is still applicable 0.735-7 Disciplinary and other remedial statute, regulation, or other authority. action. to certain services not included in the The omission of a reference thereto m recent proceeding. In lieu of setting out 0.735-8 "Publication of regulations.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13273 no way alters the legal effect of such re« special Government employee who seeks (b) Giving preferential treatment to striction or requirement. This part is such advice or guidance on questions of any person; not intended to limit whatever statutory conflicts of interest or other matters per­ Cc) Impeding Government efficiency authority or responsibility the Chairman taining to the regulations in this part. or economy; (d) Losing complete independence or may have with respect to employee con­ § 0.735—6 Reporting conflicts of inter­ duct and discipline. impartiality; est. (e) Making a Government decision § 0.735-3 Presidential policy. When a statement of employment and outside official channels; or The President’s policy, in section 101 financial interests submitted under Sub­ (f) Affecting adversely the confidence of Executive Order No. 11222, is that part D of this part or information from of the public in the integrity of the “Where government is based on the con­ other sources indicates a conflict be­ Government. sent of the governed, every citizen is en­ tween the interests of an employee, other than a Commissioner, or special Govern­ § 0.735—11 Gifts, entertainment, and titled to have confidence in the integrity favors. of his government. Each individual offi­ ment employee and the performance of cer, employee, or adviser of government .his services for the Government and (a) Except as provided in paragraphs must help to earn and must honor that when the conflict or appearance of con­ (b) and (e) of this section, an employee trust by his own integrity and conduct flict is not resolved at a lower level in the shall not solicit or accept, directly or in all official actions.” When signing the Commission, the information concerning indirectly, any gift, gratuity, favor, en­ order, the President spoke even more the conflict or appearance of conflict tertainment, loan, or ariy other thing of specifically of what he conceives to be shall be reported to the Chairman monetary value, from a person who: the duty that this policy imposes on em­ through the Executive Director. The in­ (1) Has, or is seeking to obtain, con- ployees of the executive branch: “Gov­ dividual concerned shall be provided an tractural or other business or financial ernment personnel bear a special respon­ opportunity to explain the conflict or ap­ relations with the Commission. sibility to be fair and impartal in their pearance of conflict. (2) Conducts operations or activities dealings with those who have business' that are regulated by or are otherwise § 0.735—7 Disciplinary and other reme­ subject to the jurisdiction of the Com­ with the government. We cannot tolerate dial action. conflicts of interest or favoritism—and mission. it is our intention to see that this does (a) A violation of the regulations in (3) Has interests that may be sub­ not take place in the Federal Govern­ this part by an employee, other than a stantially affected by the performance or ment.” This policy is based on a recogni­ Commissioner, or special Government nonperformance of his official duty. tion that the maintenance of unusually employee may be cause for appropriate (b) As exceptions to paragraph (a) of high standards of honesty, integrity, im­ disciplinary action which may be in addi­ this section, an employee shall be per­ partiality, and conduct by Government tion to any penalty prescribed by law. mitted to: employees, and special Government em­ (b) When, after consideration of the (1) Accept gifts, gratuities, favors, en­ ployees, through informed judgment is explanation as provided by § 0.735-6, the tertainment, loans, or other things of essential to assure the proper perform­ Chairman decides that remedial action is monetary value from members of his ance of the Government’s business and required, he will initiate immediate action immediate family (i.e., parents, children, the maintenance of confidence and re­ to end the conflicts or appearance of con­ or spouse) when the circumstances make spect of the citizens in their Government. flicts of interest. Remedial action may in­ it clear that it is the family relationship rather than the business of the persons § 0.735—4 Definitions. clude, but is not limited to: (1) Changes in assigned duties; concerned which is the motivating In this part; factor; (a) “Commission” means the Federal (2) Divestment by the employee or (2) Accept food and refreshments of Trade Commission. special Government employee of his con­ nominal value on infrequent occasions (b) “Employee” means an officer or flicting interest ; .. in the ordinary course of a luncheon or employee of the Commission, and, insofar (3) Disciplinary action; or dinner meeting or other meeting or on an as statutory and Executive order pro­ (4) Disqualification for a particular inspection tour where the employee may visions are concerned, a Commissioner, assignment. properly be in attendance; but does not include a special Govern­ (c) Remedial action, whether disci­ (3) Accept loans from banks or other ment employee. plinary or otherwise, shall be effected in financial institutions on customary terms (c) “Executive order” means Execu­ accordance with any applicable laws, to finance proper and usual activities of tive Order 11222. Executive orders, and regulations. an employee, such as home mortgage (d) “Person” means an individual, loans; and a corporation, a company, an associa­ § 0.735—8 Publication of regulations. (4) Accept unsolicited advertising or tion, a firm, a partnership, a society, a Each employee and special Govern­ promotional material, such as pens, joint stock company, or any other or­ ment employee shall be furnished a copy pencils, note pads, calendars, and other ganization or institution. of the regulations in this part within 90 items of nominal intrinsic value. (e) “Special Government employee” days after their approval by the Civil (c) An employee shall not solicit a means a “special Government employee” Service Commission. Each new employee contribution from another employee for as defined in section 202 of title 18 of the and special Government employee shall a gift to an official superior, make a do­ United States Code, who is employed in be furnished a copy at the time of his nation as a gift to an official superior, or the Federal Trade Commission. In gen­ entrance on duty. At least once each accept a gift from an employee receiving eral, this refers to employees .appointed year, an appropriate notice shall be is­ less pay than himself (5 U.S.C. x7351). petfonn temporary duties on either sued by the Executive Director to bring However, this paragraph does not pro­ a full-time or intermittent basis for not the provisions of the regulations in this hibit a voluntary gift of nominal value to exceed 130 days during any period part to the attention of each employee or donation in a nominal amount made of 365 consecutive days. and special Government employee. on a special occasion such as marriage, illness, or retirement. " § 0.735-5 Interpretation and advisory Subpart B—-Ethical and Other Con­ service. (d) An employee shall not accept a duct and Responsibilities of Em­ gift, present, decoration, or other thing The Executive Director shall serve as ployees from a foreign government unless au­ unselor for the Commission on matters thorized by Congress as provided by the covered by the regulations in this part. § 0.735—10 Proscribed actions. Constitution and in 5 U5.C. 7342. Puty counselors shall be the Director, An employee shall avoid any action, (e) Neither this section nor § 0.735-12 unice of Administration and the Attor- whether or not specifically prohibited by precludes an employee from receipt of m.Charge of each Field Office. The this part, which might result in, or create bona fide reimbursement, unless pro­ «£ and deputy counselors shall be the appearancé of : hibited by law, for expenses of travel vino e / or giving authoritative ad- (a) Using public office for privateand such other necessary subsistence as and guidance to each employee and gain; ' is compatible with this part for which

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13274 RULES AND REGULATIONS no Government payment or reimburse­ (1) Participation in the activities of such as Federal, State, or local taxes. For ment is made. However, this paragraph national or State political parties not the purpose of this section, a “just fi­ does not allow an employee to be reim- proscribed by law. nancial obligation” means one acknowl­ bused, or payment to be made on his (2) Participation in the affairs of or edged by the employee or reduced to behalf, for excessive personal living ex­ acceptance of an award for a meritorious judgment by a court, and “in a proper penses, gifts, entertainment, or other public contribution or achievement given and timely manner” means in a manner personal benefits, nor does it allow an by a charitable, religious, professional, which does not, under the circumstances, employee to be reimbursed by a person social, fraternal, nonprofit educational reflect adversely on the Government as for travel on official business under and recreational, public service, or civic his employer; In the event of dispute be­ Commission orders when reimbursement organization. tween an employee and an alleged cred­ is proscribed by Decision B-128527 of the ¡ (f) Before engaging in outside em­ itor, this section does not require the Comptroller General dated March 7, ployment, an employee, other than a Commission to determine the validity or 1967. Commissioner, must obtain the written amount of the disputed debt. § 0.735—12 Outside employment and permission of the Executive Director. Re­ § 0.735—17 Gambling, betting, and lot- other activity. quest for approval shall be sent through teries. (a) An employee shall not engage in normal supervisory channels and shall An employee shall not participate, outside employment or other outside ac­ include the following information: while on Government-owned or leased tivity not compatible with the full and (1) Name of the person, group, or or­ property or while on duty for the Gov­ proper discharge of the duties and re­ ganization for whom the work is to be ernment, in any gambling activity in­ sponsibilities of his Government em­ performed. cluding the operation of a gambling de­ ployment. Incompatible activities include (2) Nature of the services to be rend­ vice, in conducting a lottery or pool, in but are not limited to: ered. a game for money or property, or in sell­ (1) Acceptance of a fee, compensa­ (3) Proposed hours of work (if regu­ ing or purchasing a numbers slip or tion, gift, payment of expense, or any larly scheduled) or approximate dates ticket. However, this section does not other thing of monetary value in cir­ of employment. preclude activities: cumstances in which acceptance may (4) Employee’s certification as to (a) Necessitated by an employee’s law result in, or create the appearance of, whether the outside employment (includ­ enforcement duties; or conflicts of interest; ing teaching, writing, or lecturing) will depend in any way on information ob­ (b) Under section 3 of Executive Or­ (2) Outside employment which tends der 10927, pertaining to fund-raising ac­ to impair his mental or physical ca­ tained as a result of the employee’s official Government position. tivities conducted by employee organiza­ pacity to perform his Government duties tions. and responsibilities in an acceptable § 0.735—13 Financial interests. manner; or § 0.735—18 General conduct prejudicial (3) Outside employment or other out­ (a) An employee shall not: to the Government. side activity which may tend to bring (1) Have a direct or indirect financial An employee shall not engage in crim­ discredit upon the Government or the interest that conflicts substantially, or inal, infamous, dishonest, immoral, or Commission. appears to conflict substantially, with his notoriously disgraceful conduct, or other (b) An employee shall not receive any Government duties and responsibilities; conduct prejudicial to the Government. salary or anything of monetary value or from a private source as compensation (2) Engage in, directly or indirectly, a § 0.735—19 IV^iscellaneous statutory pro­ for his services to the Government (18 financial transaction as a result of, or visions. primarily relying on, information ob­ Each employee shall acquaint himself U.S.C. 209). tained through his Government employ­ (c) Employees are encouraged to en­ with each statute that relates to his gage in teaching, lecturing, and writing ment. ethical and other conduct as an em­ (b) This section does not preclude an ployee of the Commission and of the Gov­ that is not prohibited by law, the Execu­ employee from having a financial inter­ tive order, or this part. However, an em­ ernment. The attention of employees is ployee shall not, either for or without est or engaging in financial transactions directed to the following statutory to the same extent as a private citizen provisions: compensation, engage in teaching, lec­ not employed by the Government so long turing, or writing that is dependent on (a) House Concurrent Resolution 175, as it is not prohibited by law, the Execu­ 85th Congress, 2d session, 72 Stat. B12, information obtained as a result of his tive order, or the regulations in this part. Government employment, except when the “Code of Ethics for Government that information has been made avail­ § 0.735—14 Use of Government prop­ Service”. able to the general public or will be made erty. (b) Chapter 11 of title 18, United available on request, or when the Chair­ An employee shall not directly or in­ States Code, relating to bribery, graft, man gives written authorization for the directly use, or allow the use of, Govern­ and conflicts of interest, as appropriate use of nonpublic information on the basis ment property of any kind, including to the employees concerned. that the use is in the public interest. In property leased to the Government, for (c) The prohibition against lobbying addition, an officer or employee who is other than officially approved activities. with appropriated funds (18 U.S.C. a Presidential appointee covered by sec­ An employee has a positive duty to pro­ >13). tion 401(a) of the Executive order shall tect and conserve Government property, (d) The prohibitions against dis- not receive compensation or anything of including equipment, supplies, and other yalty and striking (5 U.S.C. 7311, 1 monetary value for any consultation, property entrusted or issued to him. lecture, discussion, writing, or appear­ .S.C. 1918). ance the subject matter of which is de­ § 0.735—15 Misuse of information. (e) The prohibition against the em- voted substantially to the responsibili­ For the purpose of furthering a private loymerft of a member of a Commun ties, programs, or operations of the interest, an employee shall not, except as rganization (50 U.S.C. 784). Commission, or which draws substan­ provided in § 0.735-12(c) , directly or in­ (f) The prohibitions against (1) the tially on official data or ideas which have directly use, or allow the use of, official Lsclosure of classified information not become part of the body of public information obtained through or in con­ .S.C. 798, 50 U.S.C. 783) ; and (2) we information. nection with his Government employ­ Lsclosure of confidential informa (d) An employee shall not engage in ment which has not been made available L8 U.S.C. 1905)... , . the outside employment under a State or to the general public. (g) The provision relating to local government, except in accordance abitual use of intoxicants to excess <■ with Part 734 of Civil Service regulations § 0.735—16 Indebtedness. S G. 7352). (5 CFR Part 734). An employee shall pay each just finan­ ’(h)’ The prohibition against the mis­ (e) This section does not preclude an cial obligation in a proper and timely se of a Government vehicle (31 employee from: manner, especially one imposed by law 38a(c)).

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13275

(i) The prohibition against the mis­ coerce, or give the appearance of coerc­ § 0.735—34 Time and place for submis­ use of the franking privilege (18 U.S.C. ing, a person to provide financial bene­ sion of statements. 1719). fit to himself or another person, particu­ An employee required to submit a (j) The prohibition against the use larly one with whom he has family, statement of employment and financial of deceit in an examination or personnel business, or financial ties. interests under the regulations in this action in connection with Government § 0 .7 3 5 —25 Gifts, entertainment, and part shall submit that statement to the employment (18 U.S.C. 1917). favors. Executive Director not later than: (k) The prohibition against fraud or Except as provided in § 0.735-11 (b), BT (a) Ninety days after the effective date false statements in a Government matter special Government employee, while so of the regulations in this part if em­ (18 U.S.C. 1001). employed or in connection with his em­ ployed on or before that effective date; or (l) The prohibition against mutilating ployment, shall not receive or solicit from (b) Thirty days after his entrance on or destroying a public record (18 U.S.C. a person having business with his agency jduty, but not earlier than 90 days after 2071). ' anything of value as a gift, gratuity, loan, the effective date, if appointed after that (m) The prohibition against counter­ entertainment, or favor for himself or effective date. feiting and forging transportation re­ another person, particularly one with § 0.735—35 Supplementary statements. quests (18 U.S.C. 508). whom he has family, business, or finan­ (n) The prohibitions against (1) em­ cial ties. Changes in, or additions to, the infor­ bezzlement of Government money or mation contained in an employee’s state­ property (18 UjS.C. 641); (2) failing to § 0.735—26 Miscellaneous statutory pro­ ment of employment and financial- account for public money (18 U.S.C. visions. interests shall be reported in a supple­ 643); and (3) embezzlement of the Each special Government employee mentary statement as of June 30 each money or property of another person in shall acquaint himself with each statute year. If no changes or additions occur, the possession of an employee by reason that relates to his ethical and other con­ a negative report is required. Notwith­ of his employment (18 U.S.C. 654). duct as a special Government employee of standing the filing of the annual report (o) The prohibition against unau­ the Commission and of the Government. required by this section, each employee thorized use of documents relating- to The attention of special Government em­ shall at all times avoid acquiring a finan­ claims from or by the Government (18 ployees is directed to those statutory pro­ cial interest that could result, or taking U.S.C. 285). visions listed in § 0.735-19. an action that would result, in a violation (p) The prohibition against political of the conflicts of interest provisions of activities in subchapter m of chapter Subpart D— Statement of Employ­ section 208 of title 18, United States 73 of title 5, United States Code and 18 ment and Financial Interests Code, or Subpart B of this part. U.S.C. 602, 603, 607, and 608. § 0.735—31 Form and content of state­ § 0.735—36 Interests of employees’ rela­ (q) The prohibition against an em­ ments'. . tives. ployee acting as the agent of a foreign The statements of employment and fi­ The interest of a spouse, minor child, principal registered under the Foreign nancial interests required under this or other member of an employee’s im­ Agents Registration Act (18 U.S.C. 219) . subpart for use by employees, other than mediate household is considered to be Subpart C— Ethical and Other Conduct Commissioners, and special Government an interest of the employee. For the pur­ and Responsibilities of Special Gov­ employees shall contain the information pose of this section, “member of an em­ ernment Employees required by the formats prescribed by the ployee’s immediate household’’ means Civil Service Commission in the Federal those blood relations who are residents § 0.735—21 Application of Subpart B of Personnel Manual. of the employee’s household. this part to special Government em­ ployees. §0.735—32 Employees required to sub­ § 0.735—37 Information not known by mit statements. employees. All provisions of Subpart B of this part except § 0.735-12 (f) shall apply to (a) The following employees shall sub­ If any information required to be in­ special Government employees. In ad­ mit statements of employment and fi­ cluded on a statement of employment and dition, the regulations in this Subpart nancial interests: financial interests or supplementary C shall apply. (1) The Executive Director and the statement, including holdings placed in Deputy Executive Director and Program trust, is not known to the employee but § 0.735—22 Use o f Government employ­ Review Officer. is known to another person, the employee ment. (2) The General Counsel and the As­ shall request that other person to submit A special Government employee sha sistant General Counsels. information in his behalf. not use his Government employment fo (3) The Secretary of the Commission. § 0.735—38 Information prohibited. a PJHPose that is, or gives the appearanc (4) Hearing Examiners. of being, motivated by the desire for pri $. This part does not require an employee (5) Bureau Directors, Assistant Bu­ to submit on a statement of employment vategain for himself or another persoi reau Directors, and Chiefs of Divisions particularly one with whom he has fam and financial interests or supplementary Uy> business, or financial ties. within the Bureaus. statement any information relating to (6) Attorneys in Charge of the Field the employee’s connection with, or in­ § 0.735-23 Use of inside informatioi Offices. terest in, a professional society or a char­ Except as provided in § 0.735-12 (c), (b) An employee who feels that his itable, religious, social, fraternal, recrea­ special Government employee shall nc position has been improperly designated tional, public service, civic, or political use mside information obtained as a re as one requiring the submission of a organization or a similar organization suit of his Government employment fo not conducted as a business enterprise. L va"®.ga*n for himself or another per statement of employment and financial For the purpose of this section, educa­ son either by direct action on his pai interests has recourse to the Commis­ tional and other institutions doing re­ „.„JW.. c°unsel, recommendation, o sion’s grievance procedures set forth in search and development or related work iJ£estlon .^° an°ther person, particu Chapter 5-771 of the Commission’s involving grants of money from or con­ one with whom he has family, busi Administrative Manual. tracts with the Government are deemed of tv.?r finar}cial ties. For the purpos “business enterprises” and are required mpnnel ®ection.> “inside information § 0.735—33 Presidential appointees. to be included in an employee’s statement ern ^ 013*lation obtained under Gov A statement of employment and finan­ of employment and financial interests. Dart J ^ o r i t y which has not becom cial interests is not required by this part § 0.735—39 Confidentiality of employ­ f the body of public information. from the Chairman or other Commis­ ees’ statements. § 0.735-24 Coercion. sioners. These officials are subject to Each statement of employment and not u?1 5 ° vernment employee sha separate reporting requirements under financial interests, and each supple­ e his Government employment t section 401 of the Executive order. mentary statement, shall be held in con-

FEDERAL REGISTER. VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13276 RULES AND REGULATIONS fidence. Only the Chairman, the Execu­ Subpart E— Statutory Disqualification bilities under section 303 of the Tariff tive Director, and the Deputy Executive and P ro v isio n for Exemptions Act of 1930 (19 U.S.C. 1303) relating to Director are authorized to review and countervailing duties, it is both desirable retain the statements. These officials are Thereto and appropriate to amend the Customs responsible for maintaining the state­ § 0.735—51 Disqualification. Regulations to provide for the issuance ments in confidence and shall not allow Pursuant to Public Law 87-849 (18 of a notice, to be published in the F ed­ access to, or allow information to be dis­ U.S.C. 208), except as permitted by eral R egister, announcing when ques­ closed from, a statement except to carry § 0.735-52, no employee or special Gov­ tions of whether bounties or grants are out the purpose of this part. Information ernment employee shall participate being paid or bestowed in particular cir­ from a statement shall not be disclosed “personally and substantially as a Gov­ cumstances are under investigation and except as the Civil Service Commission or ernment officer or employee, through consideration. The notice would invite the Chairman may determine for good decision, approval, disapproval, recom­ written comments from interested per­ cause shown. mendation, the rendering of advice, sons. §0.735—40 Effect of employees’ state­ investigation, or otherwise, in a judicial Accordingly, § 16.24 of the Customs ments on other requirements. or other proceeding, application, request Regulations is amended, as follows: for a ruling or other determination, Section 16.24(d) is amended to read The statements of employment and as follows: financial interests and supplementary contract, claim, controversy, charge, statements required of employees are in accusation, arrest, or other particular (d) Upon receipt by the Commissioner addition to and not in substitution for, matter in which, to his knowledge, he, of Customs of any communication sub­ or in derogation of, any similar require­ his spouse, minor child, partner, orga­ mitted pursuant to paragraph (a), (b), ment imposed by law, order,. or regu­ nization in which he is serving as officer, or (c), of this section and found to com­ lation. The submission of a statement director, trustee, partner, or employee, ply with the requirements of the perti­ or supplementary statement by an em­ or any person or organization with whom nent paragraph, the Commissioner will ployee does not permit him or any other he is negotiating or has any arrange­ cause such investigation to be made as person to participate in a matter in ment concerning prospective employ­ appears to be warranted by the circum­ Which his or the other person’s participa­ ment, has a financial interest.” Convic­ stances of the case. If he determines tion is prohibited by law, order, or tion under 18 U.S.C. 208 carries a fine of that the information presented in such regulation. not more than $10,000, or imprisonment communication is patently in error, he for not more than 2 years, or both. shall so advise the person who submitted § 0.735—41 Specific provisions for spe­ the information and the case shall be cial Government employees. § 0.735—52 Exemptions. closed. Otherwise, the Commissioner, (a) Except as provided in paragraph Section 0.735-51 and 18 U.S.C. 208(a) with the approval of the Secretary of (b) of this section, each special Govern­ shall not apply if the employee or spe­ the Treasury, shall publish a notice in ment employee shall submit a statement cial Government employee sends prior the F ederal R egister that a communi­ of employment and financial interests written notification to the Chairman, cation has been submitted pursuant to which reports: through normal supervisory channels, paragraph (a), (b), or (c) of this section. (1) All other employment; and “of the nature and circumstances of The notice shall invite interested persons (2) The financial interests of the spe­ the * * * particular matter and makes to submit written comments with respect cial Government employee which relate full disclosure of the financial interest,” to the matter ■within such time as is either directly or indirectly to the duties and receives in advance a written deter­ specified in the notice. and responsibilities of the special Gov­ mination made by the Chairman “that Section 16.24(e) is amended by strik­ ernment employee. the interest is not so substantial as to ing the words “if it” and substituting in (b) The Chairman may waive the re­ be deemed likely to affect the integrity lieu thereof the following: “If, after con­ quirement in paragraph (a) of this sec­ of the services which the Government sideration of such written comments as tion for the submission of a statement of may expect from such officer or are received in response to the notice employment and financial interests in employee.” ^ provided for in paragraph (d) of this the case of a special Government em­ section and other relevant data, it". This Part 0 was approved by the Civil The foregoing amendments are effec­ ployee who is not a consultant or an Service Commission on September 11, expert when he finds that the duties of tive upon publication of this Treasury 1967, and supersedes the Part 0 pre­ Decision in the Federal R egister. the position held by that special Govern­ viously approved by the Civil Service ment employee are * of a nature and at (R.S. 251, secs. 303, 624, 46 Stat. 687, 759; 19 Commission on April 12, 1966, and pub­ U.S.C. 66,1303,1624) such a level of responsibility that the lished in the F ederal R egister on submission of the statement by the in­ April 22, 1966 (31 F.R. 6197). Lester D. Johnson, cumbent is not necessary to protect the Commissioner of Customs. Effective date. This Part 0 shall become integrity of the Government. For the Approved: September 11,1967. purpose of this paragraph, “consultant” effective upon publication in the F ederal and “expert” have the meanings given R egister. T rue D avis, Assistant Secretary those terms by chapter 304 of the Federal By the Commission. Personnel Manual. of the Treasury. (c) A statement of employment and [ seal] J oseph W. S hea, [F.R. Doc. 67-11038; FUed, Sept. 19, 1967; financial interests required to be sub­ Secretary. 8:48 a.m.] mitted under this section shall be sub­ [F.R, Doc. 67-11022; Filed, Sept. 19, 1967; mitted to the Executive Director not later 8:47 a.m.] than the time of employment of the Title 21— FOOD AND DRUGS special Government employee. Each spe­ cial Government employee shall keep his Chapter I— Food and Drug Adminis­ statement current throughout his em­ Title 19— CUSTOMS DUTIES tration, Department of Health, Edu­ ployment with the Commission by the Chapter I—-Bureau of Customs, cation, and Welfare submission of supplementary statements. Department of the Treasury SUBCHAPTER A— GENERAL § 0.735—42 Reviewing statements. [TJ). 67-219] PART 1— REGULATIONS FOR THE The Executive Director or the Deputy# PART 16— LIQUIDATION OF DUTIES ENFORCEMENT OF THE FEDERAL Executive Director shall review each FOOD, DRUG, AND COSMETIC statement of employment and financial Countervailing Duties; Bounty or ACT, AND THE FAIR PACKAGING interests to ascertain whether a conflict Grant Paid or Bestowed of interest or an apparent conflict of AND LABELING ACT S eptember 11,1967. interest exists. If there is a conflict or Ruling on Objections apparent conflict, the procedures spec­ To provide more orderly procedures for ified in §§ 0.735-6 and 0.735-7 shall be the Bureau of Customs and the Treasury In the matter of amending th e « 1" followed. Department to carry out their responsi­ onf raonilflf'.inTTR (21 C FR P&YXi FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13277 to implement the requirements of the 403(e) (1) of the Federal Food, Drug, and reference to section 201 (n) of the Fed­ pair Packaging and Labeling Act (Pub­ Cosmetic Act and section 4(a) (1) of the eral Food, Drug, and Cosmetic Act, and lic Law 89-755) by (1) establishing an Fair Packaging and Labeling Act—it is to clarify this for the benefit of the ob­ exemption procedure for foods, drugs, not properly a subject for consideration jectors, the language is changed as in­ and cosmetics, (2) establishing the re­ at a public hearing. dicated below. quirements for label statements for foods, 6. Several objections involved the pro­ 10. An objection was received to the and (3) providing exemptions for foods: vision of § 1.8b (f) specifying that the definition of the principal display panel After consideration of the more than statement of net contents is to appear of the package. The Fair Packaging and 300 comments received in response to in the lower 30 percent of the label, which Labeling Act requires uniform size of the proposal in this matter published in area was selected to meet the require­ declaration for all packages of sub­ the F ederal R egister of March 17, 1967 ment of section 4(a) (2) of the Fair stantially the same size. This, therefore, (32 Fit. 4172), tiie Commissioner of Food Packaging and Labeling Act that the is rejected as a basis for a hearing. and Drugs published an order July 21, statement “be separately and accurately 11. An objection was received to the 1967 (32 F.R. 10729), which provided in stated in a uniform location upon the requirement that one declaration of accordance with section 701(e) of the principal display panel.”» These objec­ quantity of contents require the state­ Federal Food, Drug, and Cosmetic Act tions represent that the selection of the ment “net weight” or_“net wt.” The for the filing within 30 days of objec­ lower 30 percent by the Commissioner quoted words were selected to meet that tions and requests for a public hearing. is not in accord with the present location requirement of section 4(a) (3) of the Almost 50 communications were received of the net quantity statement on some Fair Packaging and Labeling Act call­ in response to the order either express­ labels in use by the objectors and that ing for identification as to avoirdupois ing objections, offering comments, or this is not the best location that could or fluid ounces. Since the objector did asking questions. Some of those submit­ have been chosen in the interest of con­ not suggest an alternative to “net ting objections also requested that their sumers. The Commissioner does not dis­ weight” for identification of avoirdupois, objections be the subject of a public pute that other placement provisions the objection fails to state reasonable hearing. could have been adopted. It was impos­ grounds. sible for the Commissioner to select a The Commissioner has evaluated the single location that would be agreeable 12. A substantial number of objec­ objections received, whether or not ac­ to all parties for all food labels on the tions received dealt with the effective companied by a request for a public market. The law requires the Com­ date of the regulations, July 1, 1968, for hearing, and concludes as follows: missioner to select a uniform location for all packages introduced into interstate 1. Those objections that challenged this information that would be con­ commerce. This is 1 year after the effec­ the legal basis for the subject regulations spicuous and suitable. A public hearing tive date of the Fair Packaging and La­ are without merit and, in addition, do as to the best location is not required, nor beling Act and conforms to the intent of not properly raise any factual issues to would a hearing of opinions on other Congress as expressed "fti section 13 of be resolved through the public hearing places where this information might be that act. It is not a matter that may be procedure. placed change the situation. Such resolved at a public hearing. Attention, 2. Some of the objections, comments, opinions have already been presented to however, is directed to the statement of and questions show that certain changes the Commissioner at great length. Since policy, § 3.57, that was published in the should be made in the regulations for the statute provides that the selection of F ederal R egister of July 21, 1967 (32 clarification, and these amendments are the uniform location shall be made by F.R. 10734). set forth below. the Commissioner and not by popular Therefore, the Commissioner finds 3. Several objections involving the vote, and since no substantial objection that none of the objections received dur­ labeling of nonalcoholic beverages sold to his selection has been offered, it is ing the statutory period warrant a stay in bottles closed by crowns were sub­ found that there is no basis for a public of the effective date of the subject order mitted allegedly to protect the legal hearing on this issue. The lower 30 per­ or the holding of a public hearing, and rights of the objectors in the event of the cent requirement took into account the hereby announces that the regulations Commissioner not acting favorably on use of tray-pack displays. as published in the F ederal R egister of certain requests for exemptions that 7. Objections were received with refer­ July 21, 1967 (32 F.R. 10729), including were submitted at essentially the same ence to the size of type selected by the the clarifying changes hereinafter set time. The Commissioner will consider Commissioner and to the dividing points forth, are final. requests for exemptions from the basic for the different sizes of type. Here again, Accordingly, pursuant to the provi­ regulations supported by good and suf­ the situation called for the Commissioner sions of the Fair Packaging and Label­ ficient reasons. Thus, objections seek­ to designate the size of type for different ing Act (secs. 4, 6, 80 Stat. 1297, 1299, ing special exemptions in this category sizes of packages. It is recognized that 1300; 15 U.S.C. 1453, 1455) and the au­ cannot be accepted as justifying a public the sizes selected would not necessarily thority provided in the Federal Food, hearing. meet the sizes now in use by some manu­ Drug, and Cosmetic Act (secs. 403(e), 4. A substantial number of the ob­ facturers and distributors; similarly it is (f), (i), 502(b), 602(b), 701, 52 Stat. jections and comments involved the re- recognized that no matter what dividing 1047, 1050, 1054, 1055, as amended; 21 Wiremmt of § 1.8a(d) that the address lines were selected, there would be those U.S.C. 343 (e), (f), (i), 352(b), 362(b), of the manufacturer, packer, or distribu- who would desire somewhat different 371), and under the authority delegated J?r lnclude the ZIP Code. Representa­ dividing lines to meet their own par­ to the Commissioner by the Secretary of tions were made that a substantial num- ticular problems. Since this was a matter Health, Education, and Welfare (21 CFR oer of labels currently in use are in com- that the Commissioner had to decide, it is 2.120): It is ordered, That Part 1, as irT?®® the new regulations except not considered as one warranting a public amended by the order of July 21, 1967 w - c °de, and most of those ob- hearing. (32 F.R. 10729), be further amended as commenting urged that it be 8. There were some objections in­ follows: quired only when new printing plates dicating some confusion about a “serving 1. Section l.lb(c) is revised to read as thof018, u Commissioner concludes suggestion.” For example, one firm was follows to correct an inadvertent nnH Sliu rePresentations are reasonable concerned that a statement of the num­ omission: a ® .“ f. regulation is accordingly ber of biscuits or slices of cheese in a tended below. package might be regarded as a serving § 1.1b Packages; definition; presence th« ®everal objections were received to suggestion. This is not so regarded by the of mandatory label information. ^requirement of § 1.8a(b) that the Commissioner. Any firm having ques­ * * * * * rw!?^ra*'e name of the manufacturer, tions in this area may submit them to the (c) Containers subject to the provi­ when Pr • distributor be declared even Food and Drug Administration for com­ sions of the Act of August 3, 1912 (37 of the corporation is also ment. Stat. 250, as amended; 15 U.S.C. 231- of law8 4 \?ince this Evolves-a question 9. Two objections were submitted to 233), the Act of March 4, 1915 (38 Stat. sar_ 18 corporation name neces- the language of revised § 1.10(d). This 1186, as amended; 15 U.S.C. 234-236), fo meet the provision of section regulation was issued with particular the Act of August 31, 1916 (39 Stat. 673,

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13278 RULES AND REGULATIONS as amended; 15 U.S.C. 251-256), or the (c) Where the food is not manufac­ reading: "A statement of the number of Act of May 21, 1928 (45 Stat. 685, as tured by the person whose name appears units in a package is not in itself a state­ amended; 15 UJ3.C. 257-257D. on the label, the name shall be qualified ment of the number of servings.” * * * * * by a phrase that reveals the connection 7. Section 1.10(d) is revised to read as such person has with such food; such as follows: 2. Section l.lc(a) (2) and (4) is re­ “Manufactured for ______,” “Dis­ vised to read as follows: tributed b y ______,” or any other § 1 .10 F o o d ; labeling; designation of in- § 1.1c Exemptions from required label wording that expresses the facts. gredients. statements. (d) The statement of the place of * * * * * ***** business shall include the street address, (d) In the case of fabricated foods, (a) * * * city, State, and ZIP Code; however, the including mixtures of food ingredients, (2) Random food packages, as de­street address may be omitted if it is where the proportion of an expensive fined in § 1.8b(j), bearing labels declar­ shown in a current city directory or tele­ ingredient or ingredients present has a ing net weight, price per pound or per phone directory. The requirement for material bearing on price or consumer specified number oi pounds, and total inclusion of the ZIP Code shall apply acceptance, the label of such food shall price, shall be exempt from the type size, only to consumer commodity labels de­ bear a quantitative statement of such dual declaration, and placement require­ veloped or revised after the effective date ingredient (s) if the label without such ments of § 1.8b, if the accurate state­ of this section. In the case on noncon­ declaration may create an erroneous im­ ment of net weight is presented con­ sumer packages, the ZIP Code shall ap­ pression that such ingredient or ingre­ spicuously on the principal display panel pear either on the label or the labeling dients are present in an amount greater of the package. In the case of food (including invoice). than is actually the case. For example, packed in random packages at one place ***** a label designation of identity as “cotton­ for subsequent shipment and sale at an­ 5. In § 1.8b, paragraphs (b) (2) (i), seed oil and olive oil” for a mixture con­ other, the price sections of the label may (j)(3), and (o) are revised to read as taining 80 percent or more of cottonseed be left blank provided they are filled in follows: oil would require a declaration of the percent of olive oil present. Similarly, a by the seller prior to retail sale. § 1.8b Food labeling; declaration of net * * * * * representation by vignette or statement quantity of contents; when exempt. of identity that a breakfast syrup is made (4) Individually wrapped pieces of * * * * * from a mixture of sugar syrpP and maple “penny candy” shall be exempt from the (b) * * * sugar syrup would necessitate a quanti­ labeling requirements of this part when ( 2) * * * tative declaration of the maple sugar the container in which such candy is. (i) In the case of frozen food that is syrup unless more than 20 percent maple shipped is in conformance with the label­ sold and consumed in a frozen state, sugar syrup is present. ing requirements of this part. Similarly, express the volume at the frozen * * * * * when individually wrapped pieces of temperature. candy of less than one-half ounce net Effective date. This order shall become weight per individual piece are sold in * * * * * effective (1) December 31, 1967, for all bags or boxes, such individual pieces (j) * * • new packages, new label designs, and shall be exempt from the labeling re­ (3) The declaration may appear inlabels being reordered and (2) July 1, quirements of this part, including the more than one line. The term “net 1968, for all packages introduced into required declaration of net quantity of weight” shall be used when stating the interstate commerce. contents specified in this part when the net quantity of contents in terms of (Secs. 4, 6, 80 Stat. 1297, 1299, 1300, 15 U.S.C. declaration on the bag or box meets the weight. Use of the terms “net” or “net 1453, 1455; secs. 403 (e). (f), (i). 502(b), requirements of this part. contents” in terms of fluid measure or 602(b), 701, 52 Stat. 1047, 1050, 1054, 1055, numerical count is optional. It is suffi­ as amended, 21 U.S.C. 343 (e), (f), (i). 352 3. Section 1.7 is amended by revising cient to distinguish avoirdupois ounce (b),362(b),371) paragraph (c) and the last two sentences from fluid ounce through association of Dated: September 15,1967. of the section that immediately follow terms; for example, “Net wt. 6 oz.” or paragraph (c) to read as follows: “6 oz. Net wt.” and “6 fl. oz.” or “Net J a m e s L . G o d dard, § 1.7 Food in package form; principal contents 6 fl. oz.” Commissioner of Food and Drugs. display panel. * * * * * [F.B. Doc. 67-11037; Filed, Sept. 19, 1967; 8:48 ajn.] ***** (o) Nothing in this section shall pro­ (c) In the case of any otherwisehibit supplemental statements at loca­ shaped container, 40 percent of the total tions other than the principal display SUBCHAPTER B— FOOD AND FOOD PRODUCTS surface of the container: Provided, panel(s) describing in nondeceptive however, That where such container terms the net quantity of contents; pro­ PART 120— TOLERANCES AND EX­ presents an obvious “principal display vided, that such supplemental statements EMPTIONS FROM TOLERANCES FOR panel” such as the top of a triangular of net quantity, of contents shall not in­ PESTICIDE CHEMICALS IN OR ON or circular package of cheese, the area clude any term qualifying a unit of RAW AGRICULTURAL COMMODI­ shall consist of the entire top surface. weight, measure, or count that tends to exaggerate the amount of the food con­ TIES In determining the area of the principal Revision of Requirements Regarding display panel, exclude tops, bottoms, tained in the package; for example, flanges at tops and bottoms of cans, and “jumbo quart” and “full gallon”. Dual Certain Tests shoulders and necks of bottles or jars. or combination declarations of net quan­ tity of contents as provided for in para­ A statement of policy, f 3.47, was pub­ In the case of cylindrical or nearly cylin­ lished in the F ederal R eg ister of OctoDer drical containers, information required graphs (a), (c), and (j) of this section 23, 1956 (21 F.R. 8104), and transferred by this part to appear on the principal (for example, a combination of net ivith changes to Part 120 as § 120.35 oy display panel shall appear within that weight plus numerical count, net con­ an order published December 6,1962 (27 40 percent of the circumference which tents plus dilution directions of a con­ F.R. 12092). Said statement announce is most likely to be displayed, presented, centrate, etc.) are not regarded as sup­ that potentiation studies were shown, or examined under customary plemental net quantity statements and may be located on the principal display to determine the toxic effectof ,c^ 1ineS. conditions of display for retail sale. ;ions of organic phosphates ^nriiided panel. ;erase-inhibiting compounds) - lac 4. Section 1.8a (c) and (d) is revised * * * * * to read as follows: therein was the provision This TOO“ § 1.8c [Amended] ment will be relaxed if addltkmal^scie § 1.8a Food labeling; name and place of tific evidence shows such action c» business of manufacturer, packer, or 6. Section 1.8c Food labeling; number of servings is amended by adding to the taken without hazard to the P distributor. health.” * - * * • • end of paragraph (a) a new sentence

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13279

The ad hoc advisory committee on pro­ and delayed effective date are unneces­ or member, for the purpose of represent­ tocols for safety evaluations, which was sary prerequisites to this promulgation. ing himself, or a party other than the appointed by the Commissioner of Food Effective date. This order shall be United States, with respect to any claim and Drugs, has through its panel on against the United States, sale to the effective upon publication in the F e d e r a l United States, or other matter in rela­ potentiation considered the usefulness of R e g i s t e r . the FDA requirement (21 CFR 120.35) tion thereto, shall be required to file with that each new anticholinesterase pesti­ (Sec. 408, 68 Stat. 511; 21 U.S.C. 346a) the command or agency a Notice of Ap­ cide be tested for toxicity in combination Dated: September 12, 1967. pearance Before a Command or Agency with each of the anticholinesterase pesti­ of the Department of the Army (DA cides for which tolerances have been J a m e s L . G o d d a r d , Form 1627) if— established and has concluded that this Commissioner of Food and Drugs. (1) He is currently an officer or em­ requirement has failed to serve any useful [F.R. Doc. 67-11019; Filed, Sept. 19, 1967; ployee of the United States, and is not purpose and should be abandoned. The 8:47 a.m.] appearing pursuant to his assigned duties, committee found that no single, rigid, unless such officer or employee is appear­ practical experimental design has been ing or otherwise making contact in rela­ SUBCHAPTER C— DRUGS developed by which it is possible to detect tion to a claim against the United States all cases of potentiation between pairs of PART 148n— OXYTETRACYCLINE wherein the officer or employee has a anticholinesterase pesticides and that personal legal or equitable interest (such even in cases where the current test " Moisture Content as a claim for loss or damage of house­ procedure has shown the existence of Under the authority vested in the Sec­ hold goods). potentiation, the results do not supply retary of Health, Education, and Welfare (ii) He is a retired Regular Army of­ information pertinent to the safety by the Federal Food, Drug, and Cosmetic ficer who— evaluation of pesticide residues on agri­ Act (sec. 507, 59 Stat. 463, as amended; (a) Is appearing for the purpose of cultural commodities. The committee 21 U.S.C. 357) and delegated by him to selling to the United States through the also found that none of the established the Commissioner of Food and Drugs (21 Army; or potentiative pairs, when fed subacutely CFR 2.120), § 148n.l(a) (1) (vi) is revised ^ (b) Is appearing in a matter in which to experimental animals at or near the to read as follows to increase the speci­ minimal effect levels, show significant he personally participated as an officer fied maximum moisture content for the of the United States while on active potentiation and therefore, on this basis, subject antibiotic drug: are not considered a public health haz­ duty; or diming the course of any subse­ ard. The committee expressed interest § 148n.l Oxytetracycline. quent employment with the United in ahesterase inhibition as an indicator (a) * * * States; or of potentiation capability but declined m * * * (c) Is appearing within 2 years after to recommend that such studies be a (vi) Its moisture content is not more his retirement with respect to a claim formal requirement. than 9 percent. against the Army; or within 1 year after The Commissioner concludes that the * ♦ * * ' * his retirement or the termination of any subsequent employment with the United present requirements for potentiation This amendment merely changes the studies are unnecessary and, accordingly, States, with respect to any matter which maximum moisture content specification was within his official responsibility at § 120.35 should be revised as set forth for the subject drug, is nonrestrictive, below. Although the problem of poten­ any time within a 1-year period prior to and raises no points of controversy; his retirement, or the termination of any tiation has not been resolved and tests therefore, notice and public procedure may be required for compounds the na­ subsequent employment with the United and delayed effective date are not pre­ States. ture of which indicates possible capacity requisites to this promulgation. for potentiation, such cases can be con­ (iiil He is a former officer or employee sidered best on an individual basis. Effective date. This order shall be ef­ of the United States, other than a retired Therefore, by virtue of the authority fective upon publication in the F e d e r a l Regular Army officer who— vested in the Secretary of Health, Edu­ R e g i s t e r ^ ' - (a) . Is appearing in a matter in which cation, and Welfare by the Federal Food, (Sec. 507, 59 Stat. 463, as amended; 21 U.S.C. he personally participated as an officer Drug, and Cosmetic Act (sec. 408,88 Stat: 357) or employee of the United States while on active duty or in the employ of the 511; 21 U.S.C. 346a) and delegated by Dated: September 11,1967. him to the Commissioner (21 CFR 2.120), United States; or Part 120 is amended by revising § 120.35 J. K. K irk, (b) Is appearing within 1 year after to read as follows: Associate Commissioner the termination of his active duty or for Compliance. . employment with respect to any matter § 120.35 Tests for potentiation. [F.R. Doc. 67-11020; Filed, Sept. 19, 1967; which was under his official responsibil­ Experiments have shown that certain 8:47 a.m.] ity as an officer or employee at any time cholinesterase-inhibiting pesticides when within 1 year prior to such termination. led together to test animals are more (iv) ~~ Although not himself falling toxic than the sum of their individual within the categories of individuals de­ toxicities when fed separately. One sub­ Title 32— NATIONAL DEFENSE scribed in subdivision (i), (ii), or (iii) stance potentiates the toxicity of the of this subparagraph, he has been, or will otner. Important toxicological inter- Chapter V— Department of the Army be aided, advised, or otherwise assisted have been observed between SUBCHAPTER F— PERSONNEL in the matter in which he appears by an pvo anc* other substances. Wher- individual who falls within subdivision there is reason to believe that a pes- PART 583— FORMER PERSONNEL (1), (ii), or (iii) of this subparagraph, chemical for which a tolerance is Appearances Before Command or or is the partner of an officer or employee hhT0 u interact with other pesti- of the United States, including a special ^ Chemicals or other substances tc Agency of Department of the Army Government employee. rato +man *s exPosed, it may be neces- Section 583.1 is revised to read as (v) It is believed by responsible offi­ y to require special experimental follows: cers of the agency or command that his . a yarding potentiation capacities appearance may otherwise be contrary § 583.1 Appearances before command to law or regulations. evaiuate the safety of the proposed or agency of the Department of the (2) Except as may be specifically per­ erance. This necessarily will be deter- Army. mitted in other regulations (e.g., see ed on a case-by-case basis. (a) Notice of appearance. (1) Every§ 536.2(b) of this chapter), no officer, individual who appears before any com­ employee, or other member of the De­ Ian ort*er revises a procedural regu- mand, agency, or member of the Depart­ partment of the Army will knowingly u. °n. an(i ^ nonrestrictive in nature;. ment of the Army or otherwise contacts discuss, negotiate, communicate, or oth­ e °re, notice and public procedure in any manner such a command, agency, erwise deal with an individual who has

No. 182___5 FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13280 RULES AND REGULATIONS not filed a Notice of Appearance as re­ self appearing or otherwise participating use, pursuant to the provisions of section quired by this section, with respect to (see 18 U.S.C. 2205). 4 of the Flood Control Act of 1944, as any matter falling within the scope of (v) The individual is a partner of an amended (76 Stat. 1195). this section, without the approval of the officer or employee of the U.S. Govern­ 1. Paragraph (b) of § 311.3 is revised commanding officer of the agency, com­ ment, including a special Government to read as follows: mand, or installation concerned. employee, and is appearing in connection (3) If the individual desires, he may § 311.3 Boats and other vessels, private. with a particular matter in \vhich such * * * * 4c submit a statement or other documen­ officer or employee is participating or has tary evidence in support of his Notice of participated upon behalf of the Govern­ (b) Except for the reservoirs listed Appearance. The Notice of Appearance ment, or which is the subject of his of­ in this paragraph and those reservoirs and supporting documents will be sub­ ficial responsibility (see 18 U.S.C. covered in this part where the boat or mitted in duplicate and all copies signed 207(c)). other vessel is registered and displays a by the individual concerned, or when ap­ (vi) The appearance would otherwise valid State or U.S. Coast Guard number plicable, certified over his signature as be contrary to law or regulation. for the type of vessel in use, a permit a true copy of the original. shall be obtained from the District En­ (b) Responsibility of the individual. It (2) The commanding officer of the gineer or his authorized representative is primarily the responsibility of the in­ agency, installation or command involved for placing and operating a vessel on the dividual who seeks to act in a represent­ will suspend further dealings with the reservoir for any one period longer than ative capacity to avoid activities that individual involved in the event there is 3 days. No charge will be made for this would violate Federal law or regulations. reasonable ground to believe one of the permit. The permit shall be kept aboard Accordingly, the provisions of this sec­ foregoing circumstances exists, based the vessel at all times that the vessel is upon the Notice of Appearance, an in­ in operation on the reservoir. The Dis­ tion or any action taken hereunder by dependent investigation, or otherwise. any of the commands, agencies, or mem­ An appropriate investigation of the cir­ trict Engineer in charge of the area or bers of the Department of the Army will cumstances will thereafter be made, if his authorized representative shall have not constitute a “clearance,” or “per­ necessary, pursuant to AR 15-6. A report authority to revoke the permit and to mission,” or “waiver” in connection with of investigation and one signed copy of require removal of the vessel upon failure an individual's representative activities the Notice of Appearance will be for­ of the permittee to comply with the terms which may be prohibited by Federal law warded, together with the recommenda­ and conditions qf the permit or with the or regulations. tion of the Head of Procuring Activity or regulations in this part. (c) Filing Notice of Appearance. A No­ major commander concerned, through I daho tice of Appearance should be filed on a appropriate channels to The Judge Ad­ Albeni Falls Reservoir Area, Pend Oreille case-by-case- basis; however, in those vocate General, Attention: JAGL, De­ River. - instances deemed appropriate by the partment of the Army, Washington, D.C. W ashington command or agency concerned, an in­ 20310. dividual may be allowed to file an annual Chief Joseph Reservoir Area, Columbia River. Notice of Appearance in connection with (e) Determination of action. Further * * * * * multiple appearances during the year dealings with representatives will be 2. Paragraph (b) of § 326.3 is revised subsequent thereto. The individual will suspended pending advice of The Judge to read as follows: be advised that it is his responsibility Advocate General. to file a new or amended Notice of Ap­ § 326.3 Boats, private. [AR 632-35, August 10, 1967] (Sec. 3012, 70 * * * * * pearance at any time during the year A Stat. 157; 10 U.S.C. 3012) should circumstances change with re­ (b) Except for the reservoirs listed in spect to his qualifications to act in a rep­ For the Adjutant General. this paragraph and those reservoirs cov­ resentative capacity under this section D onald L. Geer, ered in this part where the boat is reg­ either in connection with matters in gen­ Colonel, AGC, Executive Officer. istered and displays a valid State or U.S. eral or in connection with a particular [F.R. Doc. 67-10983; Piled, Sept. 19, 1967; Coast Guard number for the type of boat claim, sale or other matter. 8:45 a.m.] in use, a permit shall be obtained from (d) Investigations and reports. (1) An individual will not be permitted to ap­ the District Engineer or his authorized pear for himself or another when— representative for placing and operat­ (i) The appearance of an individual ing any boat not exceeding 16 feet in who is currently an officer or employee, Title 36— PARKS, FORESTS, length on the reservoirs for any one pe­ including a special Government em­ riod longer than 3 days. No charge will be ployee, would constitute a violation of 18 AND MEMORIALS made for this permit. The permit shall U.S.C. 203 or 205, or be contrary to § 1.302-6 of this title (see §§ 579.33(b) Chapter III— Corps of Engineers, be kept aboard the boat at all times that and 579.34 of this chapter, and para­ Department of the Army the boat is in operation on the reservoir. graph XIII. A, B, DoD Dir. 5500.7). PART 311— PUBLIC USE OF CERTAIN Oregon (ii) The appearance of a retired Regu­ RESERVOIR AREAS John Day Reservoir Area, Colum bia River. lar Army officer would constitute a viola­ McNary Reservoir Area, Colum bia River. tion of 18 U.S.C. 207, 281, or 283, or 37 PART 326— PUBLIC USE OF CERTAIN The Dalles Reservoir Area, Colum bia River. U.S.C. 801(c) as amended by 5 U.S.C. 59c NAVIGABLE RESERVOIR AREAS (see § 579.36(a) of this chapter, and W ashington paragraph XIII.D, DoD Dir. 5500.7). Use of Boats Ice Harbor Reservoir Area, Snake River. (iii) The appearance of a former of­ John Day Reservoir Area, Colum bia River. The Secretary of the Army having de­ McNary Reservoir Area, Colum bia River. ficer or employee, other than a retired The Dalles Reservoir-Area, Columbia River. Regular Army officer, including a special termined that the use of certain reser­ Government employee, would constitute voir areas by the general public, for boat­ * * * * [Regs., Aug. 30, 1967, ENGCW-OM] (Sec. 4, a violation of 18 U.S.C. 207 (see § 579.35 ing, swimming, bathing, fishing, and C. 460d) of this chapter, and paragraph XHL B, other recreational purposes will not be 58 Stat. 889, as amended; 16 U.S. C, DoD Dir. 5500.7). contrary to the public interest and will For the Adjutant General. (iv) The individual appearing has not be inconsistent with the operation D onald L'. Geer, been, is, or will be, assisted, advised, or Colonel, AGC, Executive Officer. aided, in a manner contrary to law or and maintenance of the reservoirs for regulation, by a person who would be pre­ their primary purposes, hereby prescribes [F.R. Doc. 67-10982; Filed, Sept. 19, l967, cluded by one of the foregoing from him­ rules and regulations for their public 8:45 am.]

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13281

2. The extension of license periods in and the Joint Respondents further con­ Title 47— TELECOMMUNICATION the Domestic Public Land Mobile Radio tend that common carrier service is dis­ and Rural Radio Services from 3 to 5 tinguishable from the broadcast service C hapter I— Federal Communications years should reduce the administrative because of the nature of the service and Commission burden both of the Commission and the need for continuity of operation, and [Docket No. 16975; PCC 67—1033] licensees in these services, without im­ that therefore acceleration of renewal pinging upon the effectiveness of Com­ applications should not be permitted.1 PART 21— d o m e s t ic p u b l ic r a d io mission regulation. In particular, the ex­ 4. A reveiew of the Commission’s prac­ SERVICES (OTHER THAN MARITIME tension of thé license period as proposed tices and experience in the Domestic MOBILE) would to some extent lessen the number Public Land Mobile Radio and Rural of application filings made by licensees Radio Service does not demonstrate the License Periods in these services and thus reduce the need, at this time, for a procedural device In the matter of amendment of § 21.32 burden and time of the Commission’s such as accelerated renewals. Therefore, of the Commission’s rules concerning the staff in processing such applications. the proposed amendment to § 21.32(b) as license periods for stations in the Domes­ This time then could be utilized in the to accelerated renewals is deleted. If ex­ tic Public Radio Services (other than more expeditious procéssing of other ap­ perience in the future dictates the neces­ Maritime Mobile), Docket No. 16975. plications. The adoption of the 5-year sity for such a procedure an appropriate Report and order. 1. On November 9, license period would also reduce the over­ rule making proceeding will be instituted. 1966, the Commission issued a notice of all number of applications the licensee 5. At the present time, outstanding proposed rule making in the above-en­ would have to file, and the time and ex­ licenses in the Rural Radio Service ex­ pense in prosecuting such applications. pire on November 1, 1968. In the Domes­ titled matter which was duly published With the exception of the Joint Respond­ in the Federal R egister (31 F.R. 14598, tic Public Land Mobile Radio Service, Nov. 16, 1966). It was proposed therein ents, who filed no comment thereon, all the licenses of telephone companies to amend § 21.32 of the Commission’s -comments filed were in favor of such expire on July 1, 1968, and the licenses rules to provide for 5-year license periods proposal. Therefore, it appears that the of miscellaneous common carriers expire in the Domestic Public Land Mobile extension of the license periodfrom 3 to on April 1,1969. The instant amendment and Rural Radio Services in lieu of 5 years in the Domestic Public Land Mo­ to § 21.32(a), of the Commission’s rules 3 years and to provide for the accel­ bile Radio and Rural Radio Service would extending the license periods from 3 to 5 erated filing of renewal applications serve the public interest, convenience, years shall take effect commencing as- in the Domestic Public Radio Services and necessity and the proposal for a 5- follows: when so ordered by the Commission. year license term is hereby adopted. The a. - Rural Radio Service—November 1, recommendation of GT&E, NARS, and 1968. Comments were invited regarding these Keller and Heckman, that the date of proposals on or before December 30, expiration of licenses in the Domestic b. Domestic Public Land Mobile Radio 1966, and January 20, 1967, was fixed Service as the date by which reply comments Public Radio Services be staggered with­ in each service on a geographic basis has (1) Telephone companies—J u ly 1, should be submitted. Upon good cause 1968. shown by several parties in petitions been rejected. The Commission is of the opinion that the recommendation is not (2) Miscellaneous common carriers— for extension of time, these filing April 1,1969. dates were, respectively extended to presently feasible within each service due January 23,1967, and February 13, 1967, to the varying and complex relationships Authorizations for renewal of outstand­ by Commission order issued January 9, of these radio stations over extensive ing licenses expiring on the dates indi­ geographic areas and their interlocking cated above, will be issued upon appli­ 1967, and published in the F ederal R eg­ frequency assignments. Nevertheless, the ister (32 F.R. 464, Jan. 17, 1967). Writ­ cation therefor for the period specified Commission is not foreclosing the possi­ in § 21.32(a) of the Commission’s rules, ten comments, which are hereinafter bility of staggering the time for renewal as amended. License periods in the considered, were filed individually by: of licenses in the future, and will con­ Point-to-Point Microwave Radio and American Telephone and Telegraph Co. tinue to investigate various methods Local Television Transmission Services Ben Lomand Rural Telephone Cooperative, which would lend themselves to such a remain unchanged at 5 years. Inc. procedure. 6. By reason of the foregoing, the Com­ GT&E Service Corp., for and on behalf of 3. Ben Lomand Rural Telephone Co­ mission finds that the public interest, the telephone operating companies of the operative, Inc., National Telephone Co­ General System (GT&E). convenience, and necessity will be served Hancock Rural Telephone Corp. operative Association, Souris River by the amendments ordered herein and Keller and Heckman. Telephone Mutual Aid Corp., and Mid- pursuant to the authority contained in Mid-Rivers Telephone Cooperative, Inc. '• Rivers Telephone Cooperative, Inc. sections 4(i), 303(r), and 307(d) of the National Association of Radiotelephone supported the Commission proposal Communications Act of 1934, as Systems (NARS). (§ 21.32(b)) to provide for the acceler­ amended. National Telephone Cooperative Association. ated filing of license renewal applications Souris River Telephone Mutual Aid Corp. in the Domestic Public Radio Services 7. It is ordered, That, on the effective when so ordered by the Commission. dates stated in paragraph 5 above, Also considered are the comments fil § 21.32 of the Commission’s rules is jointly (Joint Respondents) by: Keller and Heckman, GT&E, and the Joint Respondents registered opposition amended as set forth below. Alabama Microwave, Inc.' to the proposal. Keller and Heckman 8. It is further ordered, That this pro­ American Microwave Communications, I: ceeding is hereby terminated. Andrews Tower Rentals, Inc. contend: That the terms of the acceler­ Columbia Television Co., Inc. ation proposal are too ambiguous to tell (Secs. 4, 303, 307, 48 Stat., as amended, 1066, * Dai-Worth Microwave, Inc. what type of proceedings the Commis­ 1082, 1083; 47 U.S.C. 154, 303, 307) Electronics, Inc. sion was referring to; that the accelera­ Adopted: September 13, 1967. Great Plains Microwave Co. tion of renewals where necessary would Hi-Desert Microwave, Inc. - place the burden of proof in such pro­ Released: September 15, 1967. Laredo Microwave, Inc. F ederal Communications Minnesota Microwave, Inc. ceedings on the licensee rather than on Pilot Butte Transmission Corp. the Commission and might be used to Commission,1- Southwest Texas Transmission Co. circumvent the procedural protections of [seal] B en F. W aple, Teleplex Microwave Systems, Inc. section 312 of the Communications Act Secretary. TelePrompter Transmission of Kansas, I of 1934, as amended, which relates to Section 21.32 (a) and (b) is amended lelePrompter Transmission of New Mexi revocation proceedings; and that it is Inc. not proper to use the acceleration of re­ to read as follows: TelePrompter Transmission of Oregon newal proceedings to make a licensee united Video, Inc. who protests the application of another 1 Commissioner Bartley absent and Com­ There were no reply comments filed. place his own license in jeopardy. GT&E missioners Cox and Johnson dissenting.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13282 RULES AND REGULATIONS

§ 21.32 License period. It further appearing, that pursuant to duties of examination, inspection, or in­ (a) Licenses for stations in the Domes­ Public Law 89-670 (Department of vestigation of the property, equipment, tic Public Land Mobile Radio, Rural Transportation Act, 49 U.S.C. 1651-1659) and records of a motor carrier or other Radio, Point-to-Point Microwave Radio, that the administration of said safety pursuant to section 220(d) of the Inter­ and Local Television Transmission laws and regulations of the United States state Commerce Act, and that is believed Services will be issued for a period not concerning highway transportation was to be a violation of any law or regulation to exceed 5 years; in the case of com­ transferred from the jurisdiction of the of the State pertaining to unauthorized, mon carrier Television STL and Televi­ Interstate Commerce Commission to the unsafe, or otherwise illegal motor carrier sion Pickup stations to which are Department of Transportation on operations, shall be communicated to the assigned frequencies allocated to the April 1,1967; appropriàte State authority by an offi­ broadcast services, the authorization to It further appearing, that by order of cial of the Interstate Commerce Com­ use such frequencies shall, in any event, December 14,1966, the Commission pub­ mission. terminate simultaneously with the lished in Title 49 CFR Part 277a (for­ (b) State. furnishing information to expiration of the authorization for the merly 117a) the terms which may be in­ Interstate Commerce Commission. In­ broadcast station to which such service corporated in such cooperative agree­ formation that comes to the attention of is rendered; except that licenses for ments as a general statement of agency a duly authorized agent of the State in developmental stations will be issued for policy and procedure; the course of his official duties of exami­ a period not to exceed 1 year. The And it further appearing, that because nation, inspection, or investigation of the expiration date of licenses of miscel­ of the transfer of the Commission’s safety property, equipment, and records of a laneous common carriers in the Domestic functions to the Department of Trans­ motor carrier or others, and that is be­ Public Land Mobile Radio Service shall portation, it is in the public interest to lieved to be a violation of any provision be the first day of April in the year of amend the terms in said 49 CFR Part of the economic laws of the United States expiration; the expiration date of 277a to delete reference to safety laws concerning highway transportation or licenses of telephone company common and regulations of the United States the regulations of the Interstate Com­ carriers in the Domestic Public Land concerning highway transportation: merce Commission prescribed there­ Mobile Radio Service shall be the first It is ordered, That Chapter I of Title under, shall be communicated to the day of July in the year of expiration; the 49 of the Code of Federal Regulations, Regional Director or the Associate Re­ expiration date of licenses in the Rural Subchapter B, Part 277a, be amended to gional Director of the Interstate Com­ read as follows: merce Commission’s Bureau of Opera­ Radio Service shall be the first day of tions for that State. November in the year of expiration; the Sec. expiration date of licenses in the Poirrt- 277a.l Eligibility. § 277a.5 Requests for assistance. to-Point Microwave Radio and Local 277a.2 Extent of acceptance. (a) State request for Interstate Com­ Television Transmission Services shall 277a.3 Cancellation. 277a.4 Exchange of information. merce Commission assistance. Upon writ­ be the first day of February in the year 277a.5 Bequests for assistance. ten request of the ^appropriate State of expiration; and the expiration date 277a.6 Joint examination, Investigation, or authority, the Bureau of Operations Re­ of developmental licenses shall be 1 year inspections. gional Director or Associate Regional from the date of grant thereof. When a 277a.7 Joint administrative activities re­ Director of the Interstate Commerce license is granted subsequent to the last lated to enforcement of economic Commission for that State shall, as time, renewal date of the class of license laws and regulations. personnel, and funds permit, obtain evi­ involved, the license shall be issued only 277a.8 Supplémentai agreements. dence for use by said State in the en­ for the unexpired period of the current Au t h o r it y : The provisions of this Part forcement of its laws and regulations license term of such class. 277a inssued under sec. 1, 49 Stat. 546, as concerning unauthorized or otherwise (b) The Commission reserves the right amended, 550, as amended; 49 U.S.C. 304, 305. illegal motor carrier operations. Evi­ to grant or renew station licenses in § 277a. 1 Eligibility. dence obtained in this manner shall be these services for a shorter period of time transmitted to the appropriate State than that general prescribed for such Any State may agree with the Inter­ authority together with the name and stations if, in its judgment, public in­ state Commerce Commission to enforce address of an agent or employee, if terest, convenience, or necessity would be the economic laws and regulations of any, having knowledge of the facts, who served by such action. said State and the United States concern­ shall be jnade available when necessary * * * * * ing highway transportation by filing with to testify as a witness in an enforcement [FJt. Doc. 67-11040; Filed, Sept. 19, 1967; the Secretary of said Commission at proceeding or other action. 8:49 a.m.] Washington, D.C. 20423, a written ac­ (b) Interstate Commerce Commission ceptance of the terms herein. request for State assistance. Upon writ­ § 277a.2 Extent of acceptance. ten request from a Regional Director or Associate Regional Director of the Inter­ The written acceptance may be in letter state Commerce Commission’s Bureau of Title 49— TRANSPORTATION form, signed by competent authority of Operations, the appropriate State au­ Chapter I— Interstate Commerce Com­ said State and the United States con­ thority shall, as time, personnel, and cerning highway transportation by filing mission and-Department of Trans­ funds permit, obtain evidence in the with the Secretary of said Commission at State for use by the Interstate Commerce portation To the extent that a State agrees to par­ Commission in its enforcement of the SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE ticipate in the terms herein, officials of economic laws and regulations of the the Interstate Commerce Commission United States concerning highway trans­ PART 277a— COOPERATIVE AGREE­ will reciprocate. portation. Evidence obtained in this MENTS WITH STATES § 277a.3 Cancellation. manner shall be transmitted to the Re­ At a session of the Interstate Com­ gional Director or Associate Regional Cancellation or withdrawal, in whole Director of the Interstate Commerce merce Commission, held at its office in or in part, from any agreement made un­ Washington, D.C., on the I3th day of Sep­ Commission’s Bureau of Operations, to­ der this chapter may be effected by writ­ gether with the name and address of an tember 1967. ten notice from either party indicating It appearing, that pursuant to Public agent or employee, if any, having knowl­ the effective date of said cancellation or edge of the facts, who shall be made Law 89—170, section 205(f) of the Inter­ withdrawal. state Commerce Act (49 U.S.C. 305(f)) available when necessary to testify as a was amended to authorize the Commis­ § 277a.4 Exchange of information. -, witness in an enforcement proceeding or sion to make cooperative agreements (a) Interstate Commerce Commission other action. with the various States to enforce the furnishing information to State. Infor­ § 277a.6 Joint examination, investiga­ economic and safety laws and regulations mation that comes to the attention of an tion, or inspections. of various States and the United States employee of the Interstate Commerce Upon agreement by the Regions concerning highway transportation; Commission in the course of his official Director or Associate Regional Director

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13283 of the Interstate Commerce Commis­ thereof with the Director, Office of the State will participate. To the extent that sion’s Bureau of Operations and the Federal Register, for publication therein. a State agrees to participate in the terms appropriate State authority, there will By the Commission. herein, officials of the Federal Highway be conducted a joint examination, Administration will reciprocate. inspection, or investigation of the prop­ [ s e a l ] H . N e i l G a r s o n , § 277c.3 Cancellation. erty, equipment, or records of motor car­ Secretary. riers' or others, for the enforcement of [F.R. Doc. 67-11102; Hied. Sept. 19, 1967; Cancellation or withdrawal, in whole the economic laws and regulations of the 8:50 am .] or in part, from any agreement made United States and the State concerning under this chapter may be effected by highway transportation. The said Re­ written notice from either party indicat­ gional Director or Associate Regional PART 277c— COOPERATIVE AGREE­ ing the effective date of said cancellation Director of the Interstate Commerce MENTS WITH STATES or withdrawal. Commission and the appropriate State § 277c.4 Exchange of information. authority shall decide as to the location It appearing, that pursuant to Public Law 89-170, section 205(f) of the In­ (a) Federal Highway Administration and time, the objectives sought, and the terstate Commerce Act (49 U.S.C. 305 identity of the person who will supervise furnishing information to State. Infor­ the joint effort and make the necessary (f ) ) was amended to authorize the Ad­ mation that comes to the attention of an decisions. Any agent or employee of ministrator to make cooperative agree­ employee of the Federal Highway Ad­ either agency who has personal knowl­ ments with the various States to enforce ministration in the course of his official edge of pertinent facts shall be made the safety and hazardous materials laws duties of investigation, inspection, or available when necessary to testify as and regulations of various States and examination of the property, equipment, the United States under the Department and records of a motor carrier or others, a witness in an enforcement proceeding of Transportation, Interstate Commerce or other action. pursuant to section 220(d) of the In­ and Explosives and Combùstibles Acts, terstate Commerce Act, and that is be­ § 277a.7 Joint administrative activities concerning motor carrier transporta­ lieved to be a violation of any law or related to enforcement of economic tion; regulation of the State pertaining to un­ laws and regulations. And it further appearing, that it is in safe motor carrier operations and prac­ To facilitate the interchange of infor­ the public interest to implement section tices, shall be communicated to the ap­ mation and evidence, and tire conduct 205(f) of the Interstate Commerce Act propriate State authority by an official of joint investigation and administra­ (49 U.SjC. 305(f), as amended) and to of the Federal Highway Administration. tive action, the Regional Director or encourage the prompt execution of such (b) State furnishing information to Associate Regional Director of the Inter­ cooperative agreements by the publica­ Federal Highway Administration. Infor­ state Commerce Commission’s Bureau of tion of the terms which may be incor­ mation that comes to the attention of a Operations and the appropriate- State porated therein; duly authorized agent of the State in the authority shall, when warranted, sched­ And it further appearing, that such course of his official duties of investiga­ ule joint conferences of staff members terms should be included in Title 49 of tion, inspection, or examination of the of both agencies. Information shall be the Code of Federal Regulations as a property, equipment, and records of a exchanged as to the nature and extent general statement of administration motor carrier or others, and that is be­ of the authority and capabilities of the policy and procedure: lieved to be a violation of any provision respective agencies to enforce” the eco­ It is ordered, That Chapter I of Title of the safety or hazardous materials laws nomic laws of the State or of the United 49 of the Code of Federal Regulations be of the United States concerning highway States concerning highway transporta­ amended by adding a new Part 277c to transportation or the regulations of the tion. The Interstate Commerce Commis­ Subchapter B to read as follows: Federal Highway Administration pre­ sion and the State (or appropriate State Sec. scribed thereunder, shall'be communi­ authority) shall use their best efforts to 277C.I Eligibility. cated to the Regional Federal Highway inform each other of changes in their 277c.2 Extent of acceptance. Administrator of the Federal Highway rules and regulations. 277c:3 Cancellation. Administration or his designee for that 277c.4 Exchange of information. State. § 277a.8 Supplemental agreements. 277c A Bequests for assistance. The terms hereinabove specified may 277C.6 Joint investigation, inspection, or § 277c.5 Requests for assistance. be supplemented from- time to time by examination. (a) State request for Federal High­ specific agreement between the Inter­ 277C.7 Joint administrative activities re­ way Administration assistance. Upon lated to enforcement of safety and written request of the appropriate State state Commerce Commission and the hazardous materials laws and reg­ appropriate State authority in order to ulations. authority, the Bureau of Motor Carrier further implement the provisions of sec­ 277c .8 Supplemental agreements. Safely officials of the Federal Highway tion 305(f). Administration, for that State shall, as Au thority : The provisions of this Part time, personnel, and funds permit, ob­ It is further ordered, That this 277c issued under sec. 1, 49 Stat. 546, as tain evidence for use by said State in the amendment shall become effective Sep­ amended; 49 U.S.C. 304. Interpret or apply sec. 1, 49 Stat. 550, as amended; 49 T7.S.C. 305. enforcement of its laws and regulations tember 20,1967. concerning unsafe motor carrier opera­ It is further ordered, That the pre­ § 277c.1 Eligibility. tions. Evidence obtained in this manner viously filed written acceptances of the Any State may agree with the Federal shall be transmitted to the appropriate States are considered, without further Highway Administration to enforce the State authority together with the name to be valid and of full force and safety laws and regulations of said State and address of an agent or employee, if effect as to economic laws and regula­ and the United States concerning motor any, having knowledge of the facts, who tions of the States and the United States carrier transportation by filing with the shall be made available when necessary concerning highway transportation. Administrator at Washington, D.C. to testify as a witness in an enforcement And it is further ordered, A copy of 20591, a written acceptance of the terms proceeding or other action. herein. (b) Federal Highway Administration “ k order shall be mailed to the' Chair­ request for State assistance. Upon written man of the appropriate State authority § 277c.2 Extent of acceptance. request from a Regional Administrator and the Governor of each State, and The written acceptance may be in let­ of the Federal Highway Administration notice of its content shall be given to ter form, signed by competent author­ or his designee the appropriateState au­ a other persons by depositing a copy ity of said State charged with regula­ thority, shall, as time, personnel, and tion of motor carrier safety and hazard­ funds permit, obtain evidence in the ereof in the office of the Secretary of ous materials transportation and shall State for use by the Federal Highway e Interstate Commerce Commission, specify the terms herein pertaining to the Administration in its enforcement of the ashington, D.C., and by filing a copy obligations of a State in which said safety and hazardous materials laws and

RDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13284 RULES AND REGULATIONS regulations of the United States con­ And it is further ordered, A copy of this 28 through December 6, 1967, and the cerning highway transportation. Evi­ order shall be mailed to the head of State hunting of geese is permitted from No­ dence obtained in this manner shall be agencies with motor carrier safety re­ vember 13 through December 24, 1967, transmitted to the Regional Adminis­ sponsibility and the Governor of each but only on the area designated by signs trator of the Federal Highway Adminis­ State, and notice of its content shall be as open to hunting. This open area com­ tration or his designee together with the given to all other persons by depositing a prising 12,380 acres is delineated on a name and address of an agent or em­ copy thereof in the Office of the Admin­ map available at the refuge headquar­ ployee, if any, having knowledge of the istrator, Federal Highway Administra­ ters, Carterville, HI., and from the facts, who shall be made available when tion, Washington, D.C. 20591, and by Regional Director, Bureau of Sport necessary to testify as a witness in an filing a copy thereof with the Director, Fisheries and Wildlife, 1006 West T,ake enforcement proceeding or other action. Office of the Federal Register, for publi­ Street, Minneapolis, Minn. 55408. Season cation therein.. for hunting geese will be closed when a § 277c.6 Joint investigation, inspection, kill quota of 20,000 Canada geese is or examination. [ s e a l ] L o w e l l K. B r i d w e l l , reached in the State of Illinois. Hunting Upon agreement by the Regional Ad­ Federal Highway Administrator. shall be in accordance with all applicable ministrator of the Federal Highway Ad­ [F.R. Doc. 67-11103; Filed, Sept. 19, 1967; State and Federal regulations. ministration or his designee and the ap­ 8:50 a.m.] The provisions of this special regula­ propriate State authority, there will be tion supplement the regulations which conducted a joint investigation, inspec­ govern hunting on wildlife refuges tion, or examination of the property, generally which are set forth in Title 50, equipment, or records of motor carriers Title 50— WILDLIFE AND Code of Federal Regulations, Part 32, and or others, for the enforcement of the are effective through December 24,1967. safety and hazardous materials laws and FISHERIES regulations of the United States and the I l l i n o i s , I o w a , M in n e s o t a , and State concerning highway transporta­ Chapter I— Bureau of Sport Fisheries W i s c o n s i n tion. The said Regional Administrator or and Wildlife, Fish and Wildlife UPPER M ISSISSIPPI RIVER WILDLIFE his designee of the Federal Highway Ad­ Service, Department of the Interior AND FISH REFUGE ministration and the appropriate State authority shall decide as to the location PART 32— HUNTING Public hunting of ducks and coots on and time, the objectives sought, and the the Upper Mississippi River Wildlife National Wildlife Refuges in Illinois and Fish Refuge, Hlinois, Iowa, Minne­ identity of the person who will supervise and Certain Other States the joint effort and make the necessary sota, and Wisconsin is permitted from decisions. Any agent or employee of The following special regulations are October 7 through November 15, 1967, either agency who has personal knowl­ issued and are effective on date of pub­ in Minnesota and Wisconsin; from Oc­ lication in the F e d e r a l R e g i s t e r . tober 21 through November 29, 1967, in edge of pertinent facts shall be made Iowa; and from October 28 through De­ available when necessary to testify as a § 32.12 Special regulations; migratory cember 6, 1967, in Hlinois. Hunting of witness in an enforcement proceeding or game birds; for individual wildlife geese is permitted from September 30 other action. refuge areas. through December 8,1967, in Minnesota; § 277c.7 Joint administrative activities I l l i n o i s from October 7 through December 15, related to enforcement of safety and CHAUTAUQUA NATIONAL WILDLIFE REFUGE 1967, in Wisconsin; from September 30 hazardous materials laws and regula­ through December 8, 1967, in Iowa; and tions. Public hunting of geese on the Chau­ from October 16 through December 6, tauqua National Wildlife Refuge, HI., is 1967, in Illinois. Hunting is permitted To facilitate the interchange of infor­ permitted from October: i 16 through mation and evidence, and the conduct of only on the areas designated by signs as December 6, 1967, and the hunting of open to hunting. These open areas com­ joint investigation and administrative ducks and coots is permitted from action, the Regional Highway Adminis­ prising 153,000 acres are delineated on October 28 through December 6, 1967, maps available at the refuge head­ trator of the Federal Highway Adminis­ but only on the area designated by signs tration or his designee and the appropri­ quarters, Winona, Minn., and from the as open to hunting. This open area com­ Regional Director, Bureau of Sport ate State authority shall, when warrant­ prising 745 acres is delineated on ed, schedule joint conferences of staff Fisheries and Wildlife, 1006 West Lake a map available at refuge headquarters, Street, Minneapolis, Minn. 55408. In the members of both agencies. Information Havana, 111., and from the Regional shall be exchanged as to the nature and State of Hlinois, the season for hunting Director, Bureau of Sport Fisheries and geese will be closed when a kill quota of extent of the authority and capabilities Wildlife, 1006 West Lake Street, Min­ of the respective agencies to enforce the 20,000 Canada geese is reached in that neapolis, Minn. 55408. Season for hunt­ State. Hunting shall be in accordance safety and hazardous materials laws and ing geese will be closed when a kill quota regulations of the State or of the United with all applicable State and Federal of 20,000 Canada geese is reached in the regulations. States concerning motor carrier trans­ State of Illinois. Hunting shall be in portation. The Federal Highway Admin­ The provisions of this special re g u la ­ accordance with all applicable State and tion supplement the regulations w hich istration and the State (or appropriate Federal regulations subject to the fol­ State authority) shall use their best ef­ govern hunting on wildlife refuges gen­ lowing special conditions: erally which are set forth in Title 50, forts to inform each other of changes in (1) Blinds—Temporary blinds of ap­ their rules and regulations and cooperate Code of Federal Regulations, Part proved material may be constructed. and are effective through December lo. with and assist each other in conducting Blinds do not become the property of training schools for Federal and State 1967. those constructing them and will be I o w a enforcement officials engaged in such available on a daily basis. duties. The provisions of this special regula­ MARK TWAIN NATIONAL WILDLIFE § 277c.8 Supplemental agreements. tion supplement the regulations which REFUGE govern hunting on wildlife refuges Public hunting of ducks and €0°fe>on The terms hereinabove specified may the Mark Twain National Wildlife Bei- be supplemented from time to time by generally which are set forth in Title 50, Code of Federal Regulations, Part 32, uge, Iowa, is permitted from O c t a l _ specific agreement between the Federal through November 29,1967, and hunt Highway Administration and the appro­ and are effective through December 6, 1967. of geese is permitted from S e p te m b e r priate State authority in order to further through December 8, 1967, but only implement the provisions of section CRAB ORCHARD NATIONAL WILDLIFE the areas known as the Big Tiniber . 305(f). REFUGE and that portion of the Louisa Divis It is further ordered, That this amend­ Public hunting of ducks and coots on known as the Turkey Island a r e a deae ment shall become effective upon its the Crab Orchard National Wildlife nated by signs as open to hunting.! a c re s , publication in the F e d e r a l R e g i s t e r . Refuge, HI., is permitted from October open areas comprising 1,660

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13285

delineated on a map available at refuge ducks and coots is permitted from Oc­ § 32.12 Special regulations; migratory headquarters, Quincy, HI., and from the tober 7 through November 25, 1967, and game birds; for individual wildlife Regional Director, Bureau of Sport the hunting of common snipe (Wilson’s) refuge areas. Fisheries and Wildlife, 1006 West Lake is permitted from September 30 through Oregon Street, Minneapolis, Minn. 55408. Hunt­ November 17, 1967, but only on the area ing shall be in accordance with all ap­ designated by signs as open to hunting. COLD SPRINGS NATIONAL WILDLIFE REFUGE plicable State and Federal regulations This open area comprising 2,850 acres The public hunting of ducks, coots, and subject to the following special condi­ is delineated on a map available at the gallinules on the Cold Springs National tions: refuge headquarters, Upham, N. Dak., Wildlife Refuge, Oreg., is permitted from (1) No permanent structures, exclud­ and from the Regional Director, Bureau October 10, 1967, through January 17r ing wood or brush duck blinds, shall be of Sport Fisheries and Wildlife, 1006 1968, inclusive, and the hunting of geese permitted; no blinds shall be locked or West Lake Street, Minneapolis, Minn. is permitted from October 10, 1967, otherwise sealed against public entry. ' 55408. Hunting shall be in accordance through January 7, 1968, inclusive, but The provisions of this special regula­ with all applicable State and Federal only on the area designated by signs as tion supplement the regulations which regulations subject to the following spe­ open to hunting. This open area, com­ govern hunting on wildlife refuges gen­ cial conditions: prising 900 acres, is delineated on a map erally which are set forth in Title 50, (1) Blinds—Temporary blinds of ap­ available at the refuge headquarters, Code of Federal Regulations, Part 32, proved material may be constructed. McNary National Wildlife Refuge, Bur­ and are effective through December 8, (2) Retrieving zones—Retrieving zones bank, Wash., and from the Regional Di­ 1967. will be designated by signs. Possession of rector, Bureau Of Sport Fisheries and Minnesota firearms in retrieving zones is prohibited. Wildlife, i 730 Northeast Pacific Street, TAMARAC NATIONAL WILDLIFE REFUGE The provisions of this special regula­ Portland, Oreg. 97208. Hunting shall be tion supplement the regulations which in accordance with air applicable State Public hunting of ducks and coots on govern hunting on wildlife refuges gen­ and Federal regulations subject to the the Tamarac National Wildlife Refuge, erally which are set forth in Title 50, following special condition : Minn., is permitted from October 7 Code of Federal Regulations, Part 32, (1) Hunting will be permitted only on through November 15, 1967, and the and are effective through December 13, Saturdays, Sundays, and Wednesdays of hunting of geese is permitted from Sep­ 1967. each week. tember 30 through December 8, 1967, S outh Dakota but only on the area designated by signs The provisions of this special regulation as open to hunting. This open area, com­ LACREEK NATIONAL WILDLIFE REFUGE supplement the regulations which govern prising 9,000 acres, is delineated on a hunting on wildlife refuge areas gen­ Public hunting of ducks and coots on erally which are set forth in Title 50, map available at the refuge headquarters, the Lacreek National Wildlife Refuge, Rochert, Minn., and from the Regional Code of Federal Regulations, Part 32, S. Dak., is permitted from October 7 and are effective through January 17, Director, Bureau of Sport Fisheries and through December 5,1967, and the hunt­ Wildlife, 1006 West Lake Street, Minne­ 1968. ing of geese is permitted from Septem­ Clay E. Crawford, apolis, Minn. 55408. Hunting shall be in ber 30 through December 13, 1967, but accordance with all applicable State and Acting Regional Director, only on the area designated by signs as Portland, Oreg. Federal regulations. open to hunting. This open area compris­ The provisions of this special regula­ ing 310 acres is delineated on a map September 12, 1967. tion supplement the regulations which available at the refuge headquarters, [F.R. Doc. 67-10987; Filed, Sept. 19, 1967; govern hunting on wildlife refuges gen­ 8:45 a.m.] erally which are set forth in Title 50, Martin, S. Dak., and from the Regional Code of Federal Regulations, Part 32, Director, Bureau of Sport Fisheries and and are effective through December 8, Wildlife, 1006 West Lake Street, Minne­ PART 32— HUNTING 1967. apolis, Minn. 55408. Hunting shall be in accordance with all applicable State and Missouri McKay Creek National Wildlife Federal regulations. Refuge, Oreg. SWAN LAKE NATIONAL WILDLIFE REFUGE The provisions of this special regula­ The following special regulation is Public hunting of geese on the Swan tion supplement the regulations which govern hunting on wildlife refuges gen­ issued and is effective on date of publi­ Lake National Wildlife Refuge, Mo., is cation in the F ederal R egister. The lim­ permitted from October 20 through De­ erally which are set forth in Title 50, Code of Federal Regulations, Part 32, ited time ensuing from the date of the cember 28, 1967, but only on the area adoption of the Federal migratory game designated by signs as open to hunting. and are effective through December 13, 1967. bird regulations to and including the es­ This open area comprising 2,500 acres tablishment of State hunting seasons is delineated on a map available at refuge W. P. S chaefer, Acting Regional Director, Bu­ makes it impracticable to give public headquarters, Sumner, Mo., and from the notice of proposed rule making. Regional Director, Bureau of Sport Fish­ reau of Sport Fisheries and eries and Wildlife, 1006 West Lake Street, Wildlife. § 32.12 Special regulations; migratory y Minneapolis, Minn. 55408. Season for S eptember 11,1967. game birds for individual wildlife refuge areas. hunting geese will be closed when a kill [F.R. Doc. 67-10985; Filed, Sept. 19, 1967; quota of 25,000 Canada geese has been 8:45 a.m.] Oregon r£a?i ^ in the Swan Lake area. Hunting shall be in accordance with all applicable MCKAY CREEK NATIONAL WILDLIFE REFUGE Federal regulations. PART 32— HUNTING The public hunting of ducks, coots, The provisions of this special regula­ and gallinules on the McKay Creek Na­ tion supplement the regulations which Cold Springs National Wildlife tional Wildlife Refuge, Oreg., is per­ govern hunting on wildlife refuges gen- Refuge, Oreg. mitted from October 10, 1967, through which are set forth in Title 50, January 17, 1968, inclusive, and the t'Ode of Federal Regulations, Part 32, The following special regulation is hunting of geese is permitted from Oc­ 1967arC effective thr<>ugh December 28, issued and is effective on date of publi­ tober 10, 1967, through January 7, 1968, cation in the F ederal R egister. The inclusive, but only on the area designated N orth Dakota limited time ensuing from the date of by signs as open to hunting. This open LOWER SOURIS NATIONAL W IL D L IF E REFUGE the adoption of the Federal migratory area, comprising 660 acres, is delineated game bird regulations to and including on maps available at the refuge head­ Pubiic hunting of geese on the Lower quarters, McNary National Wildlife Ref­ National Wildlife Refuge, N. Dak., the establishment of State hunting sea­ uge, Burbank, Wash., and from the n i S 1™*1 from September 30 through sons makes it impracticable to give pub­ Regional Director, Bureau of Sport Fish­ ember 13, 1967, and the hunting of lic notice of proposed rule making. eries and Wildlife, 730 Northeast Pacific

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13286 RULES AND REGULATIONS

Street, Portland, Oreg. 97208. Hunting PART 32— HUNTING covering the hunting of deer subject to shall be in accordance with all appli­ the following special conditions: cable State and Federal regulations sub­ Columbia National Wildlife Refuge, (1) Not more than 20 archery hunters ject to the following special condition: Wash. per day, and not more than 10 gun (1) Hunting will be permitted only on The following special regulation is is­ hunters per day will be admitted to the Saturdays, Sundays, and Wednesdays of sued and is effective on date of pub­ hunting area. each week. lication in the F ederal R egister. The (2) The archery deer hunting season The provisions of this special regulation limited time ensuing from the date of on the refuge is from October 28 to supplement the regulations which gov­ the adoption of the Federal migratory November 12, 1967, inclusive, and De­ ern hunting on wildlife refuge areas game bird regulations to and including cember 2 to December 10,1967, inclusive, generally which are set forth in Title the establishment of State hunting sea­ on Tuesdays, Thursdays, Saturdays, and 50, Code of Federal Regulations, Part 32, sons makes it impracticable to give public Sundays. The gun deer hunting season and are effective through January 17, notice of proposed rule making. on the refuge is from November 18 to November 26, 1967, . inclusive, on 1968. § 32.12 Speeial regulations; migratory Clay E. Crawford, Tuesdays, Thursdays, Saturdays, and , game birds; for individual wildlife Sundays. Acting Regional Director, refuge areas. Portland, Oreg. (3) Zone 3 of the area open to hunting W ashington is excluded. September 12, 1967. COLUMBIA NATIONAL WILDLIFE REFUGE (4) A Federal permit is not required JF.R. Doc. 67-10988; Filed. Sept. 19, 1967; to enter the public hunting area, but 8:45 a.m.] Public hunting of ducks, coots, and gallinules on the Columbia National hunters, upon entering and leaving, Wildlife Refuge, Wash., is permitted shall report at designated checking sta­ from October 14, 1967, through January tions as may be established for the regu­ PART 32— HUNTING lation of the hunting activity and shall 21, 1968, inclusive, and the hunting of furnish information pertaining to their Upper Klamath National Wildlife geese is permitted from October 14, 1967, through January 11, 1968, inclusive but hunting, as requested. Refuge, Oreg. only on the area designated by signs as The provisions of this special regula­ The following special regulation is is­ open to hunting. This open area, com­ tion supplement the regulations which sued and is effective on date of publica­ govern hunting on wildlife refuge areas prising 7,554 acres, is delineated on maps generally which are set forth in Title 50, tion in the F ederal R egister. The limited available at refuge headquarters, Othello, time ensuing from the date of the adop­ Wash., and from the Regional Director, Code of Federal Regulations, Part 32, tion of the Federal migratory game bird Bureau of Sport Fisheries and Wildlife, and are effective through December 10, regulations to and including the estab­ 730 Northeast Pacific Street, Portland, 1967. Ernest S. J emison, lishment of State-hunting seasons makes Oreg. 92708. Hunting shall be in accord­ Refuge Manager, Tishomingo it impracticable to give public notice of ance with all applicable State National Wildlife Refuge, proposed rule making. regulations. Tishomingo, Okla. §32.12 Special regulations; migratory The provisions of this special regulation S eptember 6, 1967. game birds; for individual wildlife supplement the regulations which govern refuge areas. hunting on wildlife refuge areas general­ [F.R. Doc. 67-10986; Filed, Sept. 19, 1967; 8:45 a.m.] Oregon ly which are set forth in Title 50, Part 32, and are effective though January 21, UPPER KLAMATH NATIONAL WILDLIFE 1968. PART 32— HUNTING REFUGE Clay E. Crawford, The public hunting of ducks, geese, Acting Regional Director, Columbia National Wildlife Refuge, coots, and gallinules on the Upper Klam­ Portland, Oreg. Wash. ath National Wildlife Refuge, Oreg., S eptember 11,1967. is permitted from October 10, 1967 The following special regulation is through January 7, 1968, inclusive, but [FJt. Doc. 67-10991; Filed, Sept. 19, 1967; issued and is effective on date of publi­ only on the area designated by signs as 8:45 am.] cation in the F ederal R egister. open to hunting. This open area, com­ § 32.32 Special regulations; big game; prising 3,364 acres, is delineated on a for individual wildlife refuge areas. map available at the refuge headquar­ PART 32— HUNTING Washington ters, Tule Lake National Wildlife Refuge, Tishomingo National Wildlife Refuge, Tulelake, Calif., and from the Regional COLUMBIA NATIONAL W IL D LIFE REFUGE Director, Bureau of Sport Fisheries and Okla. Wildlife, 730 Northeast Pacific Street, The following special regulation is The public hunting of deer on the Co­ Portland, Oreg. 97208. Hunting shall be issued and is effective on date of publica­ lumbia National Wildlife Refuge, Wash., is permitted from October 14 through in accordance with all applicable State tion in the F ederal R egister. November 12, 1967, inclusive, but only and Federal regulations subject to the § 32.32 Special regulations; big game; on the area designated by signs as open following special condition:. for individual wildlife refuge areas. (1) Sculling and airthrust boats are to hunting. This open area, comprising Oklahoma 7,554 acres, is delineated on maps avail­ prohibited. able at refuge headquarters, 9 ^ 7 "’ The provisions of this special regulation TISHOMINGO NATIONAL WILDLIFE REFUGE Wash., and from the Regional Director, supplement the regulations which govern Public hunting of deer on the Tisho­ Bureau of Sport Fisheries and Wilanie, hunting on wildlife refuge areas gener­ mingo National Wildlife Refuge, Okla., 730 Northeast Pacific Street, Portland, ally which are set forth in Title 50, Code is permitted only on the area designated Oreg. 97208. Hunting shall be in accora- of Federal Regulations, Part 32, and are by signs as open to hunting. This open ance with all applicable State regulations effective through January 7, 1968. area, comprising 3,170 acres, is delineated covering the hunting of deer subject the following special condition: Clay E. Crawford, on maps available at refuge headquar­ Acting Regional Director, ters, Tishomingo, Okla., and from the (1) Hunting is permitted only witn Portland, Oreg. office of the Regional Director, Bureau shotguns firing slugs or buckshot. of Sport Fisheries and Wildlife, Post The provisions of this special res S eptember 12,1967 ^ Office Box 1306, Albuquerque, N. Mex. tion supplement the regulations w [F.R. Doc. 67-10989; Filed, Sept. 19, 1967; 87103. Hunting shall be in accordance govern hunting on wildlife refuge 8:45 &.m.] with all applicable State regulations generally which are set forth m

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 RULES AND REGULATIONS 13287

50, Code of Federal Regulations, Part 32, § 32.32 Special regulations; big game; deer and bear subject to the following and are effective through November 12, for individual wildlife refuge areas. special conditions: W ashington (1) Hunting is permitted by bow and 1967. , ■ arrow only. Clay E. Crawford, Acting Regional Director, WILLAPA NATIONAL WILDLIFE REFUGE (2) Hunters will report at such check­ Portland, Oreg. The public hunting of deer and bear ing stations as may be established upon on the Willapa National Wildlife Refuge, entering or leaving the a>ea. September 11,1967. Wash., is permitted from October 14 The provisions of this special regula­ [F.R. Doc. 67-10990; Piled, Sept. 19, 1967; through November 5, 1967, inclusive, but tion supplement the regulations which 8:45 a.m.] only on the area designated by signs as govern hunting on wildlife refuge areas open to hunting. This open area, com­ generally which are set forth in Title 50, prising 3,127 acres, is delineated on a map Code of Federal Regulations, Part 32, and are effective through November 5,1967, PART 32— HUNTING available at refuge headquarters, Hwaco, Wash., and from the Regional Director, Clay E. Crawford, Willapa National Wildlife Refuge, Bureau of Sport Fisheries and Wildlife, Acting Regional Director, Wash. 730 Northeast Pacific Street, Portland, Portland, Oreg. T he following special regulation i§ is­ Oreg. 97208. Hunting shall be in accord­ S eptember 12,1967. sued and is effective on date of publica­ ance with all applicable State and Fed­ [F.R. Doc. 67-10992; Filed, Sept. 19, 1967; tion in the F ederal R egister. eral regulations covering the hunting of 8:45 am.]

No. 182----- R FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13288 Proposed Rule Making

§ 1.351 Statutory provisions; transfer to ately after the transfer In question. DEPARTMENT OF THE TREASURY corporation controlled by transferor. However, where circumstances change Sec. 351. Transfer to corporation con­ thereafter pursuant to a plan in exist­ Interna] Revenue Service trolled by transferor—(a) General rule. No ence at the time of the transfer, this t 26 CFR Part 1 1 gain or loss shall be recognized if property is determination shall be made by reference transferred to a corporation (including, in to the later circumstances. INCOME TAX the case of transfers made on or before (3) Stocks and securities will be con­ June 30, 1967, an investment company) by Investment Companies one or more persons solely in exchange for sidered readily marketable iT (and only stock or securities in such corporation and if) they are part of a class of stock or Notice is hereby given that the regu­ immediately after the exchange such person securities which is traded on a securities lations proposed to be prescribed under or persons are in control (as defined in sec­ exchange or traded or quoted regularly section 351 of the Internal Revenue Code tion 368(c)) of the corporation. For pur­ in tiie over-the-counter market. For pur­ of 1954 which were published in tenta­ poses of this section, stock or securities is­ poses of subparagraph (1)

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 PROPOSED RULE MAKING 13289

*iA Qoo vforth of the only class of stock of To provide for more effective market­ sued pursuant to the Federal Food, Drug, corporation X, listed on the New York Stock ing of these products the Department and Cosmetic Act: Exchange, in exchange for 50 shares of stock. feels it appropriate to have separate (1) Collards. C transfers $200 worth of readily marketable grade standards for canned spinach and <2) Kale. securities in corporation Y for one share of stock. In determining whether or not d i­ for canned leafy greens. The proposed (3) Mustard. versification has occurred, C’s participation standards are directed specifically to the (4) Turnip. in the transaction will be disregarded. There types and styles currently marketed as: (b) Other types included in this sub- is therefore, no diversification, and gain or Types (or kinds) of leafy greens. part, but not covered by the Standards loss will n o t be recognized. (a) Collards. of Identity for Canned Vegetables are: E x a m p le (2). A, together with 50 other (b) Kale. (1) Mixed leafy greens—consists of a transferors, organizes a corporation with 100 (c) Mustard. substantial mixture of any two of the shares of stock. A transfers $10,000 worth of (d) Turnip. types listed in paragraph (a) of this stock in corporation X,. listed on the New (e) Mixed leafy greens of any two of the section. York Stock Exchange, in exchange for 50 foregoing kinds. (2) Poke salad—consists of leaves and shares of stock. Each of the other 50 trans­ (f) Poke salad. ferors transfers $200 worth of readily mar­ StylesT adjoining stem of the pokeberry plant ketable securities in corporations other than (a) Whole leaf. (phytolocca Americana). X in exchange for one share of stock. In de­ (b) Cut or sliced. § 52.6083 Styles. termining whether or not diversification has (c) Chopped. occurred, all transfers will be taken into (a) “Whole leaf” consists substan­ account. Therefore, diversification is present, The proposed standards are as follows: tially of the whole leaf and adjoining and gain or loss will be recognized. P roduct Descriptio n , T ypes, S tyles, G rades portion of stem. [F.R. Doc. 67-11039; Filed, Sept. 19, 1967; Sec. (b) “Cut” or “sliced” consists of the 8:49 a.m.] 52.6081 Product description. leaves and adjoining portion of stem that 52.6082 Types. has been cut predominantly into large 52.6083 Styles. pieces approximating % inch or more in 52.6084 Grades. the longest dimension or cut predomi­ DEPARTMENT OF AGRICULTURE D e f in it io n s o f T erm s and S ymbols nantly into approximate strips. Consumer and Marketing Service

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13290 PROPOSED RULE MAKING

(b) Symbols. T a b le I—R ecom m ended M inim um D rain ed W eights f o e Ca n n ed L eafy G ebens X a____ -______Minimum sample average Container size overall Container Minimum drained drained weight. dimensions capacity weight—(avoirdupois t .t .______Lower limit for Individual Container designation (metal, unless weight of ounces) otherwise stated) HjO at 68° drained weights. F.—(avoir­ Xjl______Upper limit .is the value Diameter Height dupois which represents the (inches) (inches) ounces) LL. Xd maximum number of de­ fects a sample -unit may 8Z tall ...... 2»M« 3*4

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967

■ PROPOSED RULE MAKING 13291

T a ble II—C lassification of D efects Lot Acceptance Classification § 52.6091 Lot acceptance for drained Quality factor Defect weights. Minor Major Severe A lot of canned leafy greens is con­ Green, coarse grass and weeds (aggregate measurement). sidered as meeting the minimum Whole leaf; cut leaf: drained weights if the following criteria X X are met: X Chopped: (a) The average of the drained weights X from all the containers in the sample X Grass and weeds other than green (aggregate measurement). meets the average drained weight in Whole leaf; cut leaf: X Table I of this subpart (designated as X Chopped: Xd; and X (b) The number of deviants for Seed head, all styles: The seed-bearing portion of the plant. drained weight do not exceed the appli­ Longer than 1 inch or is objectionable or pieces that X materially affect the appearance or eating quality of cable acceptance number specified in the the product. single sampling plan contained in Table Root crown: Pieces or the entire portion of the solid area of the plant X V of this subpart. between the root and attached leaves. Root stub: § 52.6092 Lot acceptance for quality. Any portion of the root whether or not leaves are at­ X tached. Grit, sand, silt, or other earthy material. A lot of canned leafy greens shall be X considered as meeting the quality re­ quirements for the applicable grade as § 52.6090 Tolerances for defects. specified in this subpart provided that: T a ble III—W h o le L eaf (a) The sample average values for the TOLEBANCES FOE DEFECTS various defect classifications specified in Number of defects Table HI or Table IV as applicable for the style of this subpart are not Grade classification Defect classification Sample Sample Maximum exceeded; average unit UL for deviants (b) The number of deviants from the Grade A_____ . . .. 0.25 1 2 requirements for defects specified in Major______f__ 1.50 4 6 Table m or Table IV for the applicable Total1...... 4.00 8 11 Grade B____ _. . ,...... 0.50 2 3 grade and style does not exceed the Major...... 4.00 8 11 Total ;______-______12.00 18 23 applicable acceptance number specified in the Single Sampling Plan (Table V) 1 Total—The sum of severe, major, and minor. of this subpart; T a b l e IV—C h o p p e d (c) When the order of production is TOLERANCES FOB DEFECTS known, no three deviants out of five Number of defects successive sample units occur; and Grade classification Defect classification (d) The product meets the require­ Sample ~ Sample Maximum ments for flavor and odor. average unit UL for deviants S ampling P lans P.8. Grade A____ 0.25 1 2 1.50 4 6 § 52.6093 Single sampling plans and 2.00 4 7 Total > ...... 15.00 22 27 acceptance levels. P.S. Grade B___ 0.50 2 3 4.00 8 11 The minimum sample size for canned 6.00 10 14 Total 2 ____ 40.00 51 59 leafy greens shall be the exact number of sample units prescribed in Table V of Total—The sum of severe, major, minor (grass and weeds) and other minor. this subpart.

T a ble V—Sin g le Sam pling P lans and A cceptance L ev els

Container size or Lot size (number of containers) designation

».tall (211 x 304) or smaller, 4,600 or less.. 4,601-22,900 22,901-48,200 48,201-91,500 91,501-137,200 137,201-205,800 205.801- 320,000 320,001-460,000 Over 460,000. «o.l picnic (211 x 400)... 3,500 or less. . 3,501-17,300 17,301-34,600 34,601-69,300 69,301-103,900 103,901-155,800 155.801- 242,400242,401-350,000 Over 350,000. No. 300 (300 x 407). No. 1 tail (301x411). ‘ j No. 303 (303 x 406) . . 48,001-72,000 72,001-108,000 108,001-168,000 168,001-240,000 Over 240,000. No. 303 glass (303 x 411) >•2,400 or less.. 2,401-12,000 12,001-24,000 24,001-48,000 No. 2 (307x409) ' ...... No-% (401x411). _~ J it®- glass (401 x 4 14) jl^OO or less. . 1,301-6,400 6,401-12,800 12,801-25,500 25,501-38,300 38,301-57,400 57,401-89,300 89,301-130,000 Over 130,000. No. 10(603 x 7 0 0 ) ..! .! .:: ;;: 400 or less__ 401-2,000 2,001-3,900 3,901-7,800 7,801-11,800 11,801-17,700 17,701-27,500 27,501-40,000 Over 40,000.

sin gle sam pling plan fo b quality and d r a in ed w eig h t compliance

SS er lze for Quality 3...... 6 13 ; 21 29 38 48 60 72. s S lanc? dumber of drS.Umts) 2 and for S^compiiance A f t Ì> rnumber. C0!itahler8); 0...... 1 2 3 4 5 6 7 8. nni^!(see?>w «noo\0r QuoUty compliance is expressed in terms of numj»er of sample 8 The sample size for drained weight compliance is expressed in terms of number of v 60 * 02.6088). . ' ' individual containers. FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13292 PROPOSED RULE MAKING

S core S heet have the same meaning as is given to the respective term in said marketing § 52.6094 Score sheet for canned leafy greens. agreement and order. All persons who desire to submit writ­ ten data, views, or arguments in connec­ Container mark or identificationjgggg^8““ tion with the aforesaid proposal shall file the same, in quadruplicate, with the Hearing Clerk, U.S. Department of Agri­ culture, Room 112, Administration Build­ ing, Washington, D.C. 20250, not later than the 10th day after the publication Quality factors Minor Major Severe Minor Major Severe Minor Average of this notice' in the Federal Register. All written submissions made pursuant to this notice will made available for Color------public inspection at the office of the Damage------Hearing Clerk dining regular business Harmless extraneous material ------hours (7 CFR 1.27(b)) . Total (each class) ------Dated: September 15, 1967. Total (minor major severe)------Paul A. Nicholson, Deputy Director, Fruit and Veg­ Flavor and odortob^ lonable_ _ ...... etable Division, Consumer and Marketing Service. [F.R. Doc. 67-11048; Filed, Sept. 19, 1967; Dated: September 13, 1967. 8:50 am.] G. R. Grange, Deputy Administrator, Marketing Services. [ 7 CFR Part 989 1 [F.R. Doc. 67-10953; Filed, Sept. 19,1967; 8:45 a.m.] NATURAL THOMPSON SEEDLESS RAISINS PRODUCED FROM GRAPES [ 7 CFR Part 925 1 Hearing Clerk during regular business hours (7 CFR 1.27(b)). GROWN IN CALIFORNIA FRESH PRUNES GROWN IN DESIG­ Dated: September 15,1967. Changing Desirable Free Tonnage NATED COUNTIES IN IDAHO AND and Designating Preliminary Free IN MALHEUR COUNTY, OREG. P aul A. N icholson, — Deputy Director, Fruit and Tonnage Percentage Approval of Expenses and Fixing of Vegetable Division, Consumer Notice is hereby given of a proposal Rate of Assessment for 1967—68 and Marketing Service. to: (1) Change the desirable free tonnage Fiscal Period [F.R. Doc. 67-11049; Filed, Sept. 19, 1967; for natural (sun-dried) Thompson Seed­ 8:50 aon.] less raisins from 140,000 to 142,500 tons; Consideration is being given to the fol­ and (2) designate for the 1967-68 crop lowing proposals submitted by the Idaho- year such preliminary free tonnage per­ Malheur County, Oreg., Fresh Prime [ 7 CFR Part 932 ] centage for natural Thompson Seedless Marketing Committee, established under raisins as will release 65 percent of such the marketing agreement and Order No. OLIVES GROWN IN CALIFORNIA desirable free tonnage as may be estab­ 925 (7 CFR Part 925), regulating the lished for such raisins. These actions handling of fresh prunes grown in des­ Expenses and Rate of Assessment would be in accordance with §§ 989.54 ignated counties in Idaho and in Mal­ Consideration is being given to the and 989.55 of the marketing agreement, heur County, Oreg., effective under the following proposals submitted by the as amended, and Order No. 989, _ as applicable provisions of the Agricultural Olive Adminstrative Committee, estab­ amended (7 CFR Part 989; 32 F.R. 12157, Marketing Agreement Act of 1937, as lished under the marketing agreement 12555, 12710), regulating the handling amended (7 U.S.C. 601-674), as the and Order No. 932 (7 CFR Part 932) reg­ of raisins produced from grapes grown agency to administer the terms and pro­ ulating the handling of olives grown in in California. The amended marketing visions thereof: California, effective under the applicable agreement and order are effective under (1) Expenses that are reasonable and provisions of the Agricultural Marketing the Agricultural Marketing Agreement likely to be incurred by the Idaho-Mal- Agreement Act of 1937, as amended (7 Act of 1937, as amended (7 U.S.C. 601- heur County, Oreg., Fresh Prune Market­ U.S.C. 601-674), as the agency to ad­ 674). The proposal was recommended oy ing Committee, during the period July 1, minister the terms and provisions the Raisin Administrative Committee. 1967, through June 30, 1968, will amount thereof : The tonnage of raisins of any varietai to $6,545. type which can be sold as free tonnage (1) That the Secretary of Agriculture during a crop year is designated m (2) That there be fixed, at $0,005 per find that the expenses that are reason­ § 989.54(a) as “desirable free tonnage one-half bushel or equivalent quantity able and likely to be incurred by said and, until changed, such tonnage xor of fresh primes, the rate of assessment committee, in accordance with this part, natural Thompson Seedless msms_ is payable by each handler in accordance during the period beginning September 1, fixed at 140,000 tons. The eommittee has with § 925.41 of the aforesaid marketing 196T, and ending August 31, 1968, will reviewed, as provided in § 989.54(aj, agreement and order. amount to $55,000; and shipment data and other matters - All persons who desire to submit writ­ (2) That the Secretary of Agriculture lating to the desirable free tonnage fo ten data, views, or arguments in connec­ fix the rate of assessment for said period, 1967-68. tion with the aforesaid proposals should payable by each first handler in accord­ Shipments of free tonnage natural file the same, in quadruplicate, with the ance with § 932.39, at $2.50 per ton, or Thompson Seedless raisins in 196 Hearing Clerk, U.S. Department of Agri­ equivalent quantity, of olives; and were approximately 139,800 tons, an culture, Room 112, Administration Build­ (3) That unexpended assessment average for the preceding 3 ye^® nd ing, Washington, D.C. 20250, not later funds in excess of expenses incurred 143,800 tons. In view of a filTO,d.e®® during the fiscal period ended August 31, for raisins in early 1967-68, and to pe than the 10th day after the publication 1967, be carried over as a reserve in mit the industry to increase sales over of this notice in the F ederal R egister. accordance with § 932.40 of the said mar­ those of 1966-67, the proposal ^ w All written submissions" made pursuant keting agreement and order. change the desirable free to^® 5fVOm to this notice will be made available for Terms used in the marketing agree­ natural Thompson Seedless raisins public inspection at the office of the ment and order, shall, when used herein, 140,000 tons to 142,500 tons.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 PROPOSED RULE MAKING 13293

The desirable free tonnage will be con­ ments for informal conferences with These amendments are proposed under sidered together with the estimate of Federal Aviation Administration officials the authority of section 307(a) of the raisin production, expected to be avail­ may be made by contacting the Regional Federal Aviation Act of 1958 (49 U.S.C. able early in October, in the designation Air Traffic Division Chief. Any data, 1348). of preliminary free and reserve percent­ views, or arguments presented during Issued at Kansas City, Mo., on Sep­ ages. Release of 65 percent of the desir­ such conferences must also be submitted tember 5,1967. able free tonnage, as proposed, by desig­ in writing in accordance with this notice nation of the preliminary free tonnage in order to become part of the record D aniel E. B arrow, percentage, would make 92,625 tons of for consideration. The proposals con­ Acting Director, Central Region. the natural Thompson Seedless raisins tained in this notice may be changed in [F.R. Doc. 67-11003; Filed, Sept. 19, 1967; available for shipment during the Sep- the light of comments received. 8:46 a.m.] tember-February period. This is about A public docket will be available for 14,700 tons more than actual shipments examination by interested persons in the during such period in 1966-67. In Febru­ Office of the Regional Counsel, Federal [1 4 CFR Part 7 l j ary 1968, the final free tonnage percent­ Aviation Administration, Federal Build­ [Airspace Docket No. 67-SO-88] age would be established and all of the ing, 601 East 12th Street, Kansas City, free tonnage released. Mo. 64106. TRANSITION AREA No volume regulation in 1967-68 is A new VOR/DME public instrument Proposed Designation contemplated for varieties other than approach procedure has been developed natural Thompson Seedless. for Runway 21 at the Quincy, HI., Mu­ The Federal Aviation Administration All persons who desire to submit writ­ nicipal Airport. In addition, the ILS ap­ is considering an amendment to Part 71 ten data, views, or arguments in con­ proach procedure for Runway 3 has been of the Federal Aviation Regulations that nection with the aforesaid proposal altered to provide DME transition arcs to would designate the Cedar town, Ga., should file the same, in quadruplicate, the ILS localizer southwest course. transition area. with the Hearing Clerk, U.S. Department Therefore, it is necessary to alter the Interested persons may submit such of Agriculture, Room 112, Administra­ Quincy control zone and 1,200-foot floor written data, views, or arguments as they tion Building, Washington, D.C. 20250, transition area to provide protection for may desire. Communications should be not later than October 6, 1967. All writ­ aircraft executing the new and altered submitted in triplicate to the Area Man­ ten submissions made pursuant to this approach procedures at this airport. ager, Atlanta Area Office, Attention: notice will be made available for public There will be no change in the present Chief, Air Traffic Branch, Federal Avia­ inspection at the office of the Hearing 700-foot floor transition area at Quincy tion Administration, Post Office Box Clerk during regular business hours (7 as a result of these proposals. 20636, Atlanta, Ga. 30320. All communi- „ CPR 1.27(b)). In consideration of the foregoing, the cations received within 30 days after Dated: September 15,1967. Federal Aviation Administration pro­ publication of this notice in the F ederal poses to amend Part 71 of the Federal R egister will be considered before action Paul A. N icholson, Aviation Regulations as hereinafter set is taken on the proposed amendment. No Deputy Director, Fruit and forth: hearing is contemplated at this time, but Vegetable Division Consumer (1) In §71.171 (32 F.R. 2071), the arrangements for informal conferences and Marketing Service. following control zone is amended to with Federal Aviation Administration [F.R. Doc. 67-11047; Filed, Sept. 19, 1967; read: officials may be made by contacting the 8:50 ajn.] Q u i n c y , III. Chief, Air Traffic Branch.' Any data, That airspace within a 5-mile radius of views, or arguments presented during Quincy Municipal Airport (latitude 39°56'- such conferences must also be submitted 35" N., longitude 91°11'40" W.), within 2 in writing in accordance with this notice DEPARTMENT OF miles each side of the Quincy VORTAC 034° in order to become part of the record radial, extending from the 5-mile radius for consideration. The proposal contained zone to the VORTAC, and within 2 miles each TRANSPORTATION side of the Quincy VORTAC 035° radial ex­ in this notice may be changed in the light of comments received. Federal Aviation Administration tending from the 5-mile radius zone to 12 miles northeast of the airport. The Cedartown transition area would be designated as: [ 14 CFR Part 71 1 (2) In § 71.181 (32 F.R. 2148), the fol­ [Airspace Docket No. 67-CE-102] lowing transition area is amended to That airspace extending upward from 700 feet above the surface within a 9-mile radius read: of. Polk County Airport. CONTROL ZONE AND TRANSITION Q u i n c y , III. AREA That airspace extending upward from 700 The proposed transition area is re­ Proposed Alteration feet above the surface within 5 miles north­ quired for the protection of IFR opera­ west and 8 miles southeast of the Quincy tions at the Polk County Airport. A The Federal Aviation Administrate ILS localizer southwest course extending prescribed instrument approach proce­ “ WMsMering amending Part 71 of t: from 4 miles northeast to 12 miles southwest dure to this airport utilizing the Rome, Federal Aviation Regulations so as of the OM; and that airspace extending up­ Ga., VOR is proposed in conjunction with ward from 1,200 feet above the surface «ter the control zone and the transit! bounded by a line beginning at the intersec­ the designation of this transition area. wea at Quincy, HI. tion of a line 5 miles west of and parallel to The official docket will be available Interested persons may participate the Quincy VORTAC 017* radial and the arc for examination by interested persons at imLProposed rule making by submitti; of a 25-mile radius circle centered on the the Southern Regional Office, Federal as *iv,Written data, views, or argumer Quincy VORTAC, thence clockwise along the Aviation Administration, Room 724, 3400 .v ,,.eyL may desire. Communicatio arc of a 25-mile radius circle centered on the Whipple Street, East Point, Ga. Quincy VORTAC, to and west along a line 5 This amendment is proposed under the niro? 1)6 Em itted in triplicate to t: miles south of and parallel to the Quincy rhiJf *.’ Central Region, Attentio: VORTAC 087° radial, to and clockwise along authority of section 307(a) of the Fed­ tirm ’* r Tra®c Division, Federal Avi the arc of a 13-mile radius circle centered eral Aviation Act of 1958 (49 U.S.C. RAi p mmistration, Federal Buildir on the Quincy VORTAC, to and east along 1348(a)). 64mfiafii12^ Street, Kansas City, M a line 5 miles north of and parallel to the Issued in East Point, Ga., on Septem­ in ¿c'A11 communications received wit Quincy VORTAC 286° radial, to and clock­ wise along the arc of a 12-mile radius circle ber 8, 1967. in after publication of this noti centered on Quincy Municipal Airport (lati­ ererf L* DERAL Register will be consi Gordon A. W illiams, Jr., tude 39°56'35" N., longitude 91°11'40" W.), Acting Director, Southern Region. Do-a^tere action is taken on the pr to and north along a line 5 miles west of and contpJ!i?e!ldmenks- No Public hearing parallel to the Quincy VORTAC 017° radial [FJt. Doc. 67-11004; Filed, Sept. 19, 1967; mplated at this time, but arrang to the point of beginning. 8:46 a.m.]

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13294 PROPOSED RULE MAKING

l 14 CFR Part 71 1 Issued in Washington, D.C., on Sep­ 6. Pursuant to applicable procedures I Airspace Docket No. 67-WE-47] tember 14,1967. set out in § 1.415 in the Commission’s H. B. H elstrom, rules, interested parties may file com­ FEDERAL AIRWAYS Chief, Airspace and Air ments on or before October 23,1967, and Traffic Rules Division. reply comments on or before November 3, Proposed Alteration [FJL Doc. 67-11018; Filed, Sept. 19, 1907; 1967. All submissions by parties to this The Federal Aviation Administration 8:47 a.m.J proceeding or by persons acting in behalf is considering amendments to Part 71 of of such parties must be m ad e in written the Federal Aviation Regulations that comments, reply comments or other would alter the floors of the VOR Fed­ appropriate pleadings. eral airways Nos. 4, 187, and 235. Victor FEDERAL COMMUNICATIONS T. In accordance with the provisions Federal airway 4 is presently designated of § 1.419 of the rules, and original and in part from Malad City, Idaho, 40 miles, COMMISSION 14 copies of all written comments, replies, 12 AGL, 33 miles, 135 MSL, 12 AGL Rock pleadings, briefs, or other documents Springs, Wyo.; Victor Federal airway 187 [ 47 CFR Part 73 1 shall be furnished the Commission. is presently designated in part from [Docket No. 17723; FCC 67-1040] 8. Authority for the adoption of the Grand Junction, Colo., 87 miles, 12 AGL, amendment proposed herein is con­ 34 miles, 125 MSL, 12 AGL Rock Springs; TELEVISION BROADCAST STATIONS tained in section 4 CL) and (j), 303 and Victor Federal airway 235 is presently 307(b) of the Communications Act of designated in part from Rock Springs, Table of Assignments;. Winona, Minn. 1934, as amended. 24 miles, 12 AGL, 72 miles, 107 MSL, 12 In the matter of amendment of the Adopted: September 13, 1967. AGL Casper, Wyo. Table of Assignments in § 73.606(b) of The MSL floors of the above airways the Commission’s rules to assign Channel Released: September 15,1967. are designated in relation to the mini­ 44 to Winona, Minn.; Docket No. 17723, F ederal Communications mum en route altitudes. A review of air RM-1184. Commission,1 traffic control procedures has deter­ 1. Notice is hereby given of proposed [ seal] B en F. Waple, mined that by employing radar, air rule making in the above captioned Secretary. traffic service could be afforded along matter. [F.R. Doc. 67-11041; Filed, Sept. 19, 1967; these airways at the minimum obstruc­ 2. On May 29, 1967, Big Chief Televi­ 8:49 a.m.J tion clearance altitudes and thus afford sion Co. filed a petition requesting that additional altitudes for IFR operations. Channel 44 be assigned to Winona, Minn. Accordingly, it is proposed to redesignate No oppositions to the petition have been l 47 CFR Parts 81, 83, 85 I the floors of the main segments of V-4, filed. V-187, and V-235 as follows. (The floors 3. Petitioner is of the view that [Docket No. 17720; FOC 67-1032] of the alternate airway segments would Winona, Minn., with its population of RADIO TRANSMITTERS remain unchanged.): 24,895, as the largest city in and the county seat of Winona County (popula­ Measurement of Output Power V-4 From Malad City, Idaho, 35 miles, tion 40,937), requires a first local com­ 1.200 feet AGL, 58 miles, 11,500 feet MSL, In the matter of amendment of Parts 1.200 feet AGL Rock Springs, Wyo.; mercial television service. No commer­ cial channels are assigned to the com­ 81, 83, and 85 to provide for output power V-187 From Grand Junction, Colo., 75 with respect to certain transmitters; miles, 1,200 feet AGL, 50 miles, 11,200 feet munity. Educational Channel *35 is as­ MSL, 1,200 feet AGL Rock Springs, Wyd.; signed to Winona but has not been Docket No. 17720, RM-1088. 1. On January 9,1967, the Commission V-235 From Rock Springs, Wyo., 20 miles, activated. received a petition for amendment of 1.200 feet AGL, 41 miles, 9,500 feet MSL, 37 4. Big Chief Television Co. states that Parts 81, 83, and 85 from Collins Radio miles, 10,700 feet MSL, 1,200 feet AGL Casper, its studies indicate a vigorous demand for Wyo. Co., Dallas, Tex. 75207. Petitioner re­ local television service and that a UHF quests that the Commission’s rules be Interested persons may participate in operation in Winona would have ample amended to delete the requirement of the proposed rule making by submitting advertising revenue. An examination of instruments to measure transmitter such written data, views, or arguments the area’s demography presents the city power if the transmitter m aintains the as they may desire. Communications as a natural hub for cultural, civic, and authorized power level by means of auto­ should identify the airspace docket num­ commercial activity, a hub which Is matic control. Collins further requests ber and be submitted in triplicate to the significant to its region because of the that where the fitting of instruments to Director, Western Region, Attention: region’s isolation from large urban con­ determine power is required by the Com­ Chief, Air Traffic Division, Federal Avia­ centrations. Petitioner has demonstrated mission’s rules, measurement of either tion Administration, 5651 West Man­ (by the filing of a premature application output power or plate input power should chester Avenue, Post Office Box 90007, for a television station in Winona) its be deemed an acceptable means of meter­ Los Angeles, Calif. 90009. All communica­ serious intention to apply for the use of ing, and that transmitter power be speci­ tions received within 45 days after pub­ Channel 44 if it is allocated to Winona. fied in the Commission’s rules in terms lication of this notice in the F ederal Channel 44 appears to be the most effi­ of output power. R egister will be considered before action cient assignment. 2. The Commission’s rules are ex­ is taken on the proposed amendments. 5. In view of the above and the fact pressed in peak envelope power (pmPut' The proposals contained in this notice that the allocation can be accomplished for single and independent sideban may be changed in the light of comments without making any other changes in the emissions and plate input power for received. Table of Assignments or seriously affect­ other classes of emission. In admtwn; An official docket will be available for ing the availability of channels in this transmitters rated jus capable of examination by interested persons at the general area to meet other future needs, power levels must be fitted with mst - Federal Aviation Administration, Office we are instituting this rule making pro­ ments to measure the actual plate pow of the General Counsel, Attention: Rules ceeding to consider amending § 73.606(b) to the transmitter whenever it is in- Docket, 800 Independence Avenue SW., of the Commission’s rules in respect to 3. In support of its p etitio n , Coums Washington, D.C. 20590. An informal Winona as listed below: states that it has modern transmitters docket also will be available for exami­ in production and under developmen nation at the Office of the Regional Air Channel that make use of linear power amP11“... Traffic Division Chief. City to provide multipurpose operation w These amendments are proposed under Present Proposed tm/rfniT.Q, of OIXUSSion, UICIU the authority of section 307(a) of the Federal Aviation Act of 1958 (49 U.S.C. Winona, Minn...... *36 *36 44 1348). i Commissioner Bartley absent.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 PROPOSED RULE MAKING 13295 single sideband. Such transmitters op­ ments on or before October 23,1967, and struments necessary to determine the erate at several power levels. Collins reply comments on or before November transmitter power during its operation. believes that its transmitters can im­ 3, 1967. All relevant and timely com­ 2. Paragraphs (a) and (c) of § 83.134 prove maritime operations which use ments and reply comments will be con­ are amended to read as follows: radiotelegraph, radioteletypewriter, fac­ sidered by the Commission before final simile, data, and multiplex. Collins al­ action is taken in this proceeding. In § 83.134 Transmitter power. leges th a t existing techniques make it reaching its decision in this proceeding, (a) Unless specified otherwise, the practicable to specify and measure the Commission may also take into ac­ transmitter power is peak envelope power transmitter power output directly in count other relevant information before for A3A, A3B, A3H, and A3J emissions. watts or kilowatts; further, these trans­ it, in addition to the specific comments The transmitter power for other emis­ mitters can be equipped with instru­ invited by this notice. sions is total plate input power to the mentation to measure the power output 8. In accordance with the provisions final radio stage (without modulation whenever they are in operation. It is of § 1.419 of the Commission’s rules, an present in the case of A3 emission) or the Collins’ position that specifying and original and 14 copies of all statements, carrier power multiplied by 1.67. measuring output power is preferable to briefs or comments, filed shall be fur­ *.**♦* specifying and measuring input power, nished the Commission. regardless of the class of emission (c) Transmitter power for telephony or the type of final amplifier em­ Adopted: September 13,1967. below 27.5 Mc/s shall not be less than 15 ployed. However, Collins recognizes Released: September 15,1967. watts. that there may be circumstances where ***** F ederal Communications it is desirable to specify and measure Commission,1 C. Part 85 is amended as follows: input power. Hence, Collins asks that the [seal] B en F. W aple, Section 85.153(a) is amended to read: Commission’s rules be amended to permit Secretary. the option of' measuring transmitter § 85.153 Transmitter power. power by either input or output power. (a) Unless specified otherwise, the 4. The Commission agrees that speci­ A. Part 81 is amended as follows: transmitter power is peak envelope power fying and measuring output power is 1. Section 81.110(b) is amended to for A3A, A3H, and A3J emissions. The preferable in many instances to specify­ read: transmitter power for other emissions is ing and measuring input power; how­ § 81.110 Maintenance of transmitter the total plate input power to the final ever, it is necessary to make a correlation power. radio stage (without modulation present between the input power presently * * ♦ * ♦ in the case of A3 emission) or the carrier specified in the rules and the allowable (b) Each radio transmitter (other than power multiplied by 1.67. output power. In order to allow for this those using single sideband and inde­ ***** correlation, a final amplifier efficiency pendent sideband emissions) rated by [F.R. Doc. 67-11042; Filed, Sept. 19, 1967; of 60 percent is considered representa­ the manufacturer as being capable of a 8:49 a.m.] tive of the transmitters presently in use, plate input power in excess of 200 watts i.e. carrier or output power is considered or carrier power in excess of 120 watts to be 60 percent of the transmitter input shall be fitted with the instruments nec­ power. This 60 percent efficiency is re­ essary to determine the transmitter SMALL BUSINESS flected in the proposed rule amendments power during its operation. below. Under the proposed rules, a transmitter would be acceptable for li­ 2. Section 81.134(a) and that portion ADMINISTRATION of paragraph (c) preceding subpara­ censing and would be in compliance with [ 13 CFR Part 121 1 the rules or terms of a license if either graph (1) thereof are amended to read the carrier (output) power multiplied as follows: [Rev. 7] by 1.67 or the plate input power were § 81.134 Transmitter power. SMALL BUSINESS SIZE STANDARDS shown to be within the limit specified in the rules or license. Since transmitters (a) Unless specified otherwise, the Notice of Hearing on Definition of now authorized were accepted on the transmitter power is peak envelope power for A3A, A3B, A3H, and A3J emissions. Small Business Manufacturer of basis of rated input power, the specifica­ Refined Petroleum Products tion of appropriate output powers in the The transmitter power for other emis­ rules and applying those values to sions is total plate input power to the Notice is hereby given that the Small the existing transmitters would not be final radio stage (without modulation Business Administration (SBA) proposes feasible. present in the case of A3 emission) or to hold a hearing on the definition of a 5. With regard to the required power the carrier power multiplied by 1.67. small manufacturer of refined petroleum measuring instruments, the provisions of * * * * * products for the purpose of receiving fi­ §§ 81.110(b) and 83.110(b) were included (c) The transmitter power for coast nancial assistance and bidding on Gov­ in the rules in order to provide a means stations using telephony below 27.5 Mc/s ernment procurements for refined petro­ of determining that the transmitter is shall not exceed the values set forth in leum products. operating as authorized, especially when this paragraph. Section 3 of the Small Business Act a change in power may be required in * * * * * (15 UB.C. 632; 72 Stat. 384) defines a Accordance with the rules. Deletion of small business concern for the purpose the requirement altogether is not being B. Part 83 is amended as follows: of that Act as one which is independently Proposed in this rule making, although 1. Section 83.110(b) is amended to owned and operated and is not dominant output power may now be measured at read as follows: in its field of operation. It also authorizes the licensee’s option. In view of the fore­ § 83.110 Maintenance of transmitter the Administrator of SBA to use addi­ going, the Collins petition for rule mak- power. tional criteria in making a detailed mg is granted to thé extent that the pro­ * * * * * definition of small business. posed amendments are consistent with (b) Except for transmitters using The present definition of a small busi­ r,e^ues^' and denied in all other re­ single sideband and independent side­ ness manufacturer for the purpose of spects. bidding on Government procurements of ?• 11116 Proposed amendments to the band emissions, each radio transmitter refined petroleum products is set forth |rjes afe issued pursuant to the author- rated by the manufacturer as being in § 121.3-8 (g) of the Small Business w contained in sections 4(i) and 303 (e) capable of a plate input power in excess Size Standards Regulation, Revision 7, i,j,.°f the Communications Act of of 200 watts or carrier power in excess as amended, as follows: ia“4. as amended. of 120 watts shall be fitted with the in- (g) Refined petroleum products. Any con­ to applicable procedures cern bidding on a contract for a refined § 1.415 of the Commission’s petroleum product other than a product clas­ es’ “ terested persons may file com­ 1 Commissioner Bartley absent. sified in Standard Industrial Classification

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 No. 182----- 7 13296 PROPOSED RULE MAKING

Industries No. 2951, Paving Mixture and purpose of bidding on Government pro­ Blocks; No. 2952, Asphalt Felts and Coatings; tions; (3) geographic diversification; (4) No. 2992, Lubricating Oils and Greases; or No. curements for refined petroleum prod­ automation; (5) cost characteristics’; (6) 2999, Products of Petroleum and Coal, not ucts by increasing the present size criteria adaptations to risk; (7) vertical integra­ elsewhere classified; is classified as small if of 1,000 employees or less and 30,000 tion, etc., and the competitive advan­ (1) (i) its number of employees does not ex­ barrels-per-day crude oil or bona fide tages of concerns of a certain size as ceed 1,000 persons; (ii) it does not have more feed stock capacity from owned or leased compared with concerns of a smaller than 30,000 barrels-per-day crude oil or bona facilities to 2,500 employees and 50,000 size in the petroleum industry? fide feed stock capacity from owned or leased barrels-per-day capacity and requested 3. What is the outlook for the petro­ facilities; and (ill) the product to be deliv­ public comment thereon. On the same leum refining industry? ered in the performance of the contract will contain at least 90 percent components re­ day a notice also was published which 4. What have been the growth patterns fined by the bidder from either crude oil or proposed to amend the definition of a of concerns having 1,000 employees or bona fide feed stocks: Provided, however, small manufacturer of refined petroleum less and 30,000 barrels-per-day crude oil That a petroleum refining concern which products for the purpose of receiving capacity or less, as compared with (a) meets the requirements in subdivisions (i) financial assistance by increasing the concerns having 1,000 employees or less and (ii) of this subparagraph may furnish present criteria of 1,000 employees and and 50,000 barrels-per-day crude oil ca­ the product of a refinery not qualified as 30,000 barrels-per-day capacity to 1,000 pacity, (b) concerns having 2,500 em­ small business if such product is obtained employees and 50,000 barrels-per-day pursuant to a bona fide exchange agreement, ployees or less and 50,000 barrels-per-day in effect on the date of the bid or offer, be­ capacity. crude oil capacity and (c) firms having tween the bidder or offeror and the refiner Opinions within the industry in re­ more than 2,500 employees and 50,000 of the product to be delivered to the Govern­ sponse to the proposals differed widely barrels or more per day crude oil ment which requires exchanges in a stated as to the effect on competition which capacity? ratio on a refined petroleum product for a would result from an increase in the The Hearing will be held on October 9, refined petroleum product basis, and pre­ size standards. Therefore, SBA has de­ 1967, at 9 am'., e.d.s.t., in Room 214- cludes a monetary settlement, and that the cided that it would be in the public in­ 216, 1441 L Street NW„ Washington, products exchanged for the products offered terest to hold an industry-wide hearing and to be delivered to the Government meet D.C. Persons intending to testify at the requirement in subdivision (iii) of this to allow interested parties an oppor­ the Hearing are requested to notify subparagraph: And Provided further, That tunity to state their positions, furnish the Associate Administrator for Pro­ the exchange of products for products to be information in support of their positions, curement and Management Assistance delivered to the Government will be com­ and make comments in rebuttal or in on or before September 30, 1967. pleted within 90 days after expiration of the support of the positions taken by others. Parties who wish to submit written com­ delivery period under the Government con­ The Small Business Act provides that ments in lieu of testifying or in addition tract; or (2) its number of employees does the Government should aid, insofar as to their oral testimony shall file such not exceed 500 persons and the product to be is possible, the interests of small business delivered to the Government has been refined statements with the Associate Adminis­ by a concern which qualifies under subpara­ concerns in order to preserve free com­ trator for Procurement and Management graph (1) of this paragraph. petitive enterprise, to insure that a fair Assistance not later than fifteen (15) proportion of the total purchases and days after adjournment of the Hearing. Pursuant to Schedule A of the Size contracts or subcontracts for property All correspondence shall be addressed Standards Regulation a manufacturer of or services for the Government be placed to: . refined petroleum products is small busi­ with small business enterprises, and to Associate Administrator for Procurement and ness for the purpose of receiving finan­ maintain and strengthen the over-all Management Assistance, Small Business cial assistance if its number of employees economy of the Nation. Therefore, SBA Administration, 1441 L Street NW., Wash­ does not exceed 1,000 persons and it does is interested in receiving information as ington, D.C. 20416, Attention: Size Stand­ not have more than 30,000 barrels-per- to the following: ards Staff. 1. What would be the effect on com­ day crude oil capacity. petition within the industry of increasing Dated: September 13, 1967. On July 7, 1967, a Notice of Proposal the size standard as set forth in the Robert C. Moot, was published in the F ederal Register Notice of Proposal referred to above? Administrator. (32 FR. 9980) which proposed to amend 2. What are the economies of scale [F.R. Doc. 67-10999; Filed, Sept. 19, 1967; the definition of small business for the (1) of exploration; (2) pipeline opera­ 8:46 am.]

FEDERAL REGISTER. V O L 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13297 Notices

T. 49 Ni, R. 8 W., T. 9 S R 24 E. Secs. 4 to 8, Inclusive; Sec!’ 15, SW&NE&, SEftNWVl. and Wft department of th e in terio r Secs. 15 to 22, Inclusive; SW%; Bureau of Land Management Sec. 27; Sec. 22, NE]4NWy4; Secs. 33 to 36, inclusive. Sec. 35, SW&NE^. [0-2287] T.49N..R.9W., T. 21 S., R. 26 E., Secs. 1, 2, and 3; Sec. 21, SW%SE»4; COLORADO Secs. 10 to 15, Inclusive. Sec. 28, W%NE%. ' T. 50 N., R. 8 W., „ T. 24 S., R. 29 E., Notice of Classification of Public Sec. 7, south of Gunnison River; Sec. 15, SE14NE14 and Ey2SE^; Lands for Multiple-Use Manage­ Secs. 18 and 19; Sec. 22, NE^NE«4. ment Secs. 29 to 33, Inclusive. T. 12 S., R. 30 E„ September 13, 1967. T.50N..R.9W., Sec. 8. Secs. 1 and 2, Southwest of Gunnison T. 26 S., R. 34 E., 1. Pursuant to the Act of September River; Sec. 16, Sy2. 19, 1964 (43 U.S.C. 1411-18) and to the Secs. 3 to 11, inclusive; GROUP H regulations in 43 CFR Parts 2410 and Sec. 12, south of Gunnison River; T. 2 N..R. 1 W., 2411, the public lands within the areas Secs. 13 to 17, inclusive; Sec. 2, lots 1, 2, 3, 4, NE&, Ey2NWy4, SW& described below, together with any lands Secs. 21 to 28, inclusive; NW>/4, and Ny2Sy,. therein that may become public lands Secs. 34, 35, and 36. T. 3 N., R. 1 W., in the future are hereby classified for The public lands described aggregate Sec. 32, w y 2 N E ]4 , SE^NE^, WV&, and multiple-use management. Publication of approximately 44,458 acres. SE]4. this notice segregates all the described T. 2 N., R. 6 W., 4. For a period of 30 days from the Sec. 2, lots 1,2, 3, 4, sy2N&, and S ^ S ^ . lands from appropriation only under the date of publication of this notice in the T. 3 N., R. 7 W., agricultural land laws (43 U.S.C. Parts F ederal R egister, interested parties may Sec. 36, NE% and sy2. 7 and 9, 25 U.S.C. 334) and from sale submit comments to the Secretary of the T. 5 N., R. 10 W., under section 2455 of the Revised Stat­ Interior, LLM, 721, Washington, D.C. Sec. 2, lots 1, 2,3, 4, S^Ny2, and SE>4; utes (43 U.S.C. 1171). The described 20240 (43 CFR 2411.1-2(d) ). Sec. 16; lands shall remain open to all other ap­ Sec. 26, Ey2SEi4. plicable forms of appropriation, includ­ George H. W oodhall, T. 6 N., R. 10 W., ing the mining and mineral leasing laws. Acting State Director. Secs. 16 and 32. T. 7 N., R. 10 W., As used herein, “public lands” means any [F.R. Doc. 67-11012; Filed, Sept. 19, 1967; Sec. 16, N Vs,; lands withdrawn or reserved by Execu­ 8:47 ajn.] Sec. 32, EYa and E ^W ^. tive Order No. 6910 of November 26,1934, T. 4 N., R. 11 W., as amended, or within a grazing district [Serial No. Colo. 0127417] Sec. 2, lots 1 to 11, inclusive, SW&SW1^, established pursuant to the Act of June and SE1^. 28, 1934 (48 Stat. 1269), as amended, COLORADO T.5N..R.11W., which are not otherwise withdrawn or Secs. 2 and 36. Notice of Classification; Correction T. 6 N„ R. 11 W., reserved for a Federal use or purpose. Secs. 2,16, and 36. 2. No protests or objections were re­ S eptember 12,1967. T. 1 N., R. 19 W., ceived following publication of a notice In F.R. Doc. 67-10119 appearing at Sec. 15, SW of proposed classification (32 F.R. 9997 pages 12492-93 of the issue for Tuesday, Sec. 16, sy2sy2 and NE^SE^; and 9998), or at the public hearing at Sec. 22, wy2NE^, SE^NE»4, and NE^ August 29, 1967, the following lands are NW‘/4; Montrose, Colo., which was held on Au­ added to the legal description: * gust 11,1967. Therefore, no changes have Sec. 23, NENW%, Sy2SW%, and NE[4 6t h P rincipal Meridian, C olorado SE&; been made in the list of lands included Sec. 24, NW%; in the classification. The record showing T. 11 N., R. 95 W., Secs. 25 and 26. the comments received and other infor­ Sec. 31, lots 5 to 29, Inclusive. mation is on file and can be examined in The areas described aggregate 13,697.92 E. I. R owland, acres in Chaves, Eddy, Otero, Lea, the Montrose District Office, Montrose, State Director. Colo. The public lands affected by this Catron, Socorro, Rio Arriba, and Va­ classification are located within the fol­ [F.R. Doc. 67-11011; Filed, Sept. 19, 1967; lencia Counties, N. Mex. lowing described area and are shown on 8:47 a.m.] 2. The topography of the lands de­ a map designated by Serial No. C-2287 scribed above varies from rough, broken, in the Montrose District Office, BLM, NEW MEXICO hill land to gently sloping mesa top and Highway 550 South, Montrose, Colo. rough mountainous terrain with deep, 81401, and at the Land Office of the Bu­ Order Opening Lands to Mineral eroded canyons to undulating sand reau of Land Management, Room 15019, Location, Entry and Patenting dunes. Vegetation consists of desert Federal Building, 1961 Stout Street, Den­ shrub type to native grasses, sagebrush, ver, Colo. 80202. S eptember 12, 1967. salt cedar, shinery oak, and pinon-juni- 1. In an exchange of lands made under per. Soils range from sand and gravel in New Mexico P rincipal Meridian, Colorado the provisions of section 8 of the Act of the arroyo bottoms to shallow and rocky MONTROSE COUNTY June 28,1934 (48 Stat. 1269) as amended In mountainous areas and deep sandy T- 47 N., R. 7 w., (43 U.S.C. 315g), the following described loams, clay loams, raw lava flow, and red Sec. 6. lands have been reconveyed to the United clay. T-47N., R8 W„ States: 3. Subject to valid existing rights, the ®ecs-1 to 6, inclusive; N ew Mexico P rincipal Meridian, New Mexico provisions of existing withdrawals and Secs. io, li, and 12. the requirements of applicable law, the T-48 N., R. 8 w., group i lands are hereby opened to application* Secs. 2 to 11, inclusive; T. 31 N„ R. 6 W., fees-15 to 23, inclusive; Sec. 32. petition, location, and selection. All valid T 26 36> inclusive. T. 7 N„ R. 10 W., applications received at or prior to 10 t-48N.,r .9 w Sec. 16, S y2. a.m. on October 17, 1967, shall be con­ H -12,13, and 14; T. 22 S., R. 20 E., sidered as simultaneously filed at that Sece. 24 and 25. Sec. 12, SW&NE^. time. Those received thereafter shall be

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13298 NOTICES considered in the order of filing. The Office of the Secretary University National Bank, Fort Collins, Colo lands in'Group n shall also be opened Phillips Petroleum Co., Bartlesville, Okla to applications and offers under the CENTRAL AND FIELD (sold this stock July 25, 1967). mineral leasing laws and to location un­ ORGANIZATION (3) Names of any partnerships in der the U.S. mining laws. All valid appli­ Regional Coordinators— Program which I am associated, or had been as­ cations received at or prior to 10 a.m„ sociated within 60 days preceding my October 17, 1967, shall be considered as Support Staff appointment: simultaneously filed at that time. Those S eptember 13, 1967. received thereafter shall be considered in None. the order of filing. The statement of the organization of the Department of the Interior published (4) Names of any other businesses All of the lands with the exception of which I own, or owned within 60 days on July 20, 1967 at 32 F.R. 10674 is preceding my appointment: Tps, 2 and 3 N„ R. 1 W.; T. 2 N., R. 6 W.; amended by the following change of ad­ T. 3 N., R. 7 W.l T. 9 S., R. 24 E.; and T. dress for the Regional Coordinator—Pro­ None. 21 S., R. 26 E., have been classified for gram Support Staff as appears in section P atrick N. Griffin. multiple-use management and are there­ 2.23 of the statement: fore not subject to petition applications S eptember 1, 1967. for agricultural entries or public sales. R egional C oordinators—P rogram Support Staff [F.R. Doc. 67-10996; Filed, Sept. 19, 1967; Inquiries concerning the lands should 8:46 am.] be addressed to the Chief, Division of Region Headquarters Lands and Minerals, Program Manage­ North Central: 6201 Congdon Bou- ment and Land Office, Bureau of Land Upper Mississippi— levard, - Duluth, Management, Post Office Box 1449, Western Great Minn. 55804. Santa Fe, N. Mex. Lakes Sub-Area. DEPARTMENT OF COMMERCE R obert C. M cConnell, Maritime Administration Michael T. Solan, Assistant Secretary for Administration. Chief, Division of Lands and AMERICAN EXPORT ISBRANDTSEN [F.R. Doc. 67-10995; Filed, Sept. 19, 1967; Minerals, Program Manage­ LINES, INC. ment and Land Office. 8:46 am.] [F.R. Doc. 67-10993; Filed, Sept. 19, 1967; Notice of Application 8:45 am.] PATRICK N. GRIFFIN Notice is hereby given that by appli­ cation dated August 2, 1967, as supple­ Report of Appointment and Statement mented September 7,1967, American Ex­ National Park Service of Financial Interests port Isbrandtsen Lines, Inc., seeks re­ FORT SUMTER NATIONAL July 14, 1967. scission of the provisions of its Operat­ MONUMENT, S.C. ing-Differential Subsidy Agreement, Pursuant to section 302(a) of Execu­ Contract No. FMB-87, requiring it to Notice of Intention To Negotiate tive Order 10647, the following informa­ provide service on Line G (Great Lakes/ Concession Contract tion on a WOC appointee in the Depart­ Western Europe—Trade Route 32), Line ment of the Interior is furnished for H (U.S. North Atlantic/United Kingdom Pursuant to the provisions of section publication in the F ederal R egister: and Continent—Trade Route 5—7—8—9), 5, Public Law 89-249, public notice is Name of appointee; Patrick N. Griffin. and Line F (Eastbount Round-the- hereby given that thirty (30) days after Name of employing agency: Office of Oil World Service), on the basis of the in­ the date of publication of this notice, the and Gas—Emergency Petroleum and Gas ability of said company to maintain and Department of the Interior, through the Administration. operate its vessels on the referred-to Director of the National Park Service, The title of the appointee’s position: Dep­ uty Regional Administrator, Region 6. lines with a reasonable profit on its in­ proposes to extend the concession con­ vestment. tract with Fort Sumter Tours, Inc., au­ The name of the appointee’s private em­ ployer or employers: Pat Griffin Co. (self- Any person, firm, or corporation hav­ thorizing it to provide boat transporta­ employed) . tion facilities and services for the public ing an interest in this application, who at Fort Sumter National Monument, S.C*, The statement of “financial interests” desires to offer views and comments for a period of 1 year from January 1, for the above appointee is set forth thereon for consideration by the Mari­ 1968, through December 31, 1968. below. time Subsidy Board, should submit same in writing, in triplicate, to the Secre­ The foregoing concessioner has per­ S tewart L. Udall, Secretary of the Interior. tary, Maritime Subsidy Board, Washing­ formed its obligations under the contract ton, D.C., by close of business on October to the satisfaction of the National Park Appointee’s Statement of Financial 4,1967. The Maritime Subsidy Board will Service and, therefore, pursuant to the - I nterests consider these views and ^comments and Act cited above, is entitled to be given In accordance with the requirements take such action with respect thereto as preference in the renewal of the contract of section 302(b) of Executive Order may be deemed appropriate. and in the negotiation of a new contract. 10647,1 am filing the following statement Dated: September 18,1967. However, under the Act cited above, the for publication in the F ederal R egister: Secretary is also required to consider and (1) Names of any corporations of By order of the Maritime Subsidy Board. evaluate all proposals received as a result which I am, or had been within 60 days preceding my appointment, on Septem­ James S. Dawson, Jr., of this notice. ber 1, 1967, as Deputy Regional Adminis­ Secretary. Interested parties should contact the trator, Emergency Petroleum and Gas [F.R. Doc. 67-11107; Filed, Sept. 19, 1967I Director of the National Park Service, Administration^ an officer or director: 8:50 a.m.] Washington, D.C. 20240, for information Pat Griffin Co., President; Poudre Val­ as to the requirements of the proposed ley National Bank, chairman of board; both [Docket No. S—207] contract.- located in Fort Collins, Colo. GRACE LINE, INC. Dated: September 13,1967. (2) Names of any corporations in which I own, or did own within 60 days Notice of Application Leslie P. A rnberger, preceding my appointment, any stocks, Acting Assistant Director, bonds, or other financial interests: Notice is hereby given of the tion dated September 18, 1967, of Crac National Park Service. Pat Griffin Co., Fort Collins, Colo. [F.R. Doc. 67-10994; Filed, Sept. 19, 1967; Poudre Valley National Bank, Fort Collins, Line, Inc., for written permission una 8:45 am.] Colo. section 805(a) of the Merchant Marine

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13299

Act 1936, as amended, to time charter niques and then measured as the sulf­ its owned vessel the “SS Santa Christina” DEPARTMENT OF HEALTH, EDU­ oxide by determining the amount of for one voyage, commencing about Sep­ absorbance at 530 millimicrons on a tember 23,1967,1 to Motor Ships of Puerto CATION, AND WELFARE spectrophotometer. Rico, Inc., to carry a cargo of unboxed Dated: September 13, 1967. automobiles from New York, N.Y. to San Food and Drug Administration J. K. K irk, Juan, or Ponce, P.R., with return voyage UNION CARBIDE CORP. Associate Commissioner to be in ballast. The “SS Santa Chris­ for Compliance. tina” is to be permanently withdrawn Notice of Filing of Petition from subsidized operations on comple­ Regarding Pesticides [F.R. Doc. 67-11021; Filed, Sept. 19, 1967; 8:47 a.m.] tion of its current subsidized voyage Pursuant to the provisions of the Fed­ about September 22, 1967. eral Food, Drug, and Cosmetic Act Interested parties may inspect this ap­ Csec. 408(d)(1), 68 Stat. 512; 21 U.S.C. plication in the Office of Government 346a(d) (1) ), notice is given that a peti­ CIVIL SERVICE COMMISSION Aid, Maritime Administration, Room tion (PP 8F0637) has been filed by Union 4077, GAO Building, 44! G Street NW., Carbide Corp., Post Office Box 8361, NURSES, SEATTLE AND BREMERTON, Washington, D.C. South Charleston, W. Va. 25303, propos­ WASH. Any person, firm, or corporation hav­ ing the establishment of a tolerance of ing any interest (within the meaning 0.15 part per million for residues of the Notice of Adjustment of Minimum of section 805(a)) in such application insecticide 2 - methyl - 2 - (methylthio) Rates and Rate Ranges and desiring to be heard on issues perti­ propionaldéhyde O - (methylcarbamoyl) nent to section 805(a) or desiring to sub­ Under authority of 5 U.S.C. 5303 the mit comments or views concerning the oxime in or on the raw agricultural Civil Service Commission has increased application must, by close of business on commodity cottonseed. the minimum rates and rate ranges for September 27, 1967, file same with the The analytical method proposed for positions of Nurse, GS-610-5 through 9, Secretary, Maritime Subsidy Board/ the determination of residues of the in­ and Public Health Nurse, GS-615-5 Maritime Administration, in writing, in secticide is a colorimetric procedure in through 9. The revised rate ranges, in­ triplicate, together with the petition for which the residue is first separated by cluding GS-4 rates previously established leave to intervene which shall state clearly and concisely the grounds of in­ extraction and chromatographic tech- are: terest, and the alleged facts relied on for PEE ANNUM BATES relief. Notwithstanding anything in § 201.78 of the rules of practice and pro­ Grade. 1» 2 3 4 5 6 7 8 9 10 cedure Maritime Subsidy Board/Mari- time Administration (46 CPR 201.78), GS-4______—...... $5,736 $5,896 $6,056 $6,216 $6,376 $6,536 $6,696 $6,856 $7,016 $7,176 petitions for leave to intervene received GS-5______6,211 6,387 6,563 6', 739 6,915 7,091 7,267 7,443 7,619 7,795 GS-6______6,659 6,857 7,055 7,253 7,451 7,649 7,847 8,045 8,243 8,441 after the close of business on Septem­ GS-7...... 7,090 7,303 7,516 7,729 7,942 8,155 8,368 8,581 8,794 9,007 ber 27, 1967, will not be granted in this GS-8__...... -...... 7,538 7,773 8,008 8,243 8,478 8,713 8,948 9,183 9,418 9,653 proceeding. GS-9...... 7,957 8,218 8,479 8,740 9,001 9,262 9,523 9,784 10,045 10,306 If no petitions for leave to intervene are received within the specified time, or 1 Corresponding statutory rates: GS-4—Seventh; GS-6—Sixth; GS-6—Fifth; GS-7—Fourth; GS-8—Third; if it is determined that petitions filed do GS-9—Second. not demonstrate sufficient interest to The revised rate ranges for positions of Nurse, PFS-610-5 and 6 are: warrant a hearing, the Maritime Sub­ sidy Board/Maritime Administration will P e r An n u m R ates take such action as may be deemed ap­ propriate. Xievel...... 11 2 3 4 5 6 7 8 9 10 11 12 In the event petitions are received from parties with standing to be heard PFS-5...... $6,652 $6,843 $7,034 $7,225 $7,416 $7,607 $7,798 $7,989 $8,180 $8,371 $8,562 $8,753 on the application, a hearing will be PFS-6.—. 6,925 7,128 7,331 7,534 7,737 7,940 8,143 8,346 8,649 8,752 8,955 9,158 held September 29, 1967, at 10 a.m., in Room 4519, General Accounting Office 1 Corresponding statutory rates: PFS-5—Sixth; PFS-6—Fifth. Building, 441 G Street NW., Washington, Geographic coverage is Seattle, Wash., within the meaning of 5 U.S.C. 5335 or 39 P-C. The purpose of the hearing will be and U.S. Navy Hospital, Bremerton, U.S.C. 3552. to receive evidence under section 805(a) U nited S tates Civil S erv­ relative to whether the proposed opera­ Wash. The effective date will be the first day ice Commission, tion (a) could result in unfair competi­ [seal] J ames C. S pry, tion to any person, firm, or corporation of the first pay period beginning on or Executive Assistant to operating exclusively in the coastwise or after September 9,1967. the Commissioners. Intercoastal service or (b) would be All new employees in the specified oc­ Prejudicial to the objects and policy of [F.R. Doc. 67-11036; Filed, Sept. 19, 1967; the 1936 Act. cupational levels will be hired at the 8:48 a.m.] new minimum rate. Dated: September 19,1967. As of the effective date, all agencies By order of the Maritime Subsi will process a pay adjustment to increase Board/Maritime Administration. the pay of employees on the rolls in the CIVIL AERONAUTICS BOARD James S. D awson, Jr., affected occupational levels. An employee [Docket No. 18996] Secretary. who immediately prior to the effective BONANZA AIR LINES, IN C, ET AL. [PR. Doc. 67-11131; Piled, Sept. 19, 1967; date was receiving basic compensation _ 10:53 am.] at a rate of the statutory or prior special Notice of Prehearing Conference w ,Di 7*ew °* the schedule of dates con rate range shall receive basic compensa­ Bonanza Air Lines, Inc., Pacific Air __ plated by this notice the charter will no tion at the corresponding numbered rate Lines, Inc., West Coast Airlines, Inc., ^nmence unless and until favorable deci Merger Agreement. Bi» reached by the Maritime Subsid; authorized by this notice on and after tn..1 Maritime Administration with respec such date. The pay adjustment will not Notice is hereby given that a prehear­ * this application. be considered an equivalent increase ing conference in the above-entitled

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13300 NOTICES matter is assigned to be held on Octo­ rescheduled to commence at 10 a.m.f shall not commence until an appropriate ber 10, 1967, at 10 a.m., e.d.s.t., in Room September 25, 1967, in the Commission’s application to make the proposed changes 1027, Universal Building, 1825 Connecti­ offices in Washington, D.C. in the antenna system of Station WNYR cut Avenue NW.,~ Washington, D.C., has been filed and granted by the Com­ before Examiner Ralph L. Wiser. Issued: September 13,1967. mission. In order to facilitate the conduct of Released: September 15,1967. 4. There appears to be a significant the conference interested parties are in­ F ederal Communications disparity in the proposed Grade B con­ structed to submit to the examiner and Commission, tours of the applications. In accordance other parties on or before October 3, [seal] B en F. Waple, with the Commission’s policy, evidence 1967, (1) proposed statements of issues; Secretary. with respect to which of the proposals (2) proposed stipulations; (3) , requests would represent a more efficient use of for information; (4) statements of posi­ [F.R. Doc. 67-11043; Filed, Sept. 19, 1967; 8:49 a.m.] the frequency may be adduced under the tions of parties; and (5) proposed comparative issue.1 procedural dates. 5. Philip Y. Hahn, Jr., is qualified to Dated at Washington, D.C., Septem­ [Docket Nos. 17706, 17707; FCC 67-1028] construct, own and operate the proposed ber 15, 1967. MALRITE, INC., AND PHILIP Y. new television broadcast station and ex­ [seal] T homas L. W renn, cept as indicated by the issues set forth Associate Chief Examiner. HAHN, JR. below, Malrite, Inc., is qualified to con­ [F.R. Doc. 67-11034; Filed, Sept. 19, 1967; Order Designating Applications for struct, own and operate the proposed new 8:48 a.m.] Consolidated Hearing on Stated television broadcast station. The appli­ cations are, however, mutually exclusive Issues in that operation by the applicants as [Docket No. 18940] In re applications of Malrite, Inc., proposed would result in mutually de­ Rochester, N.Y. Docket No. 17706, File structive interference. The Commission LING-TEMCO-VOUGHT, INC. No. BPCT-3873; Philip Y. Hahn, Jr., is, therefore, unable to make the statu­ Notice of Hearing Rochester, N.Y., Docket No. 17707, File tory finding that a grant of the applica­ No. BPCT-3937; for construction permit tions would serve the public interest, con­ Notice is hereby given, pursuant to for new television broadcast station. venience and necessity, and is of the opin­ prpvisions of the Federal Aviation Act 1. The Commission has before it for ion that they must be designated for of 1958, as amended, that hearing in the consideration the above-captioned appli­ hearing in^ a consolidated proceeding on above-entitled proceeding is assigned to cations each requesting a construction the issues set forth below. be held on October 9, 1967, at 10 a.m., permit for a new television broadcast It is ordered, That, pursuant to section e.d.s.t., in Room 1027, Universal Build­ station to operate on Channel 31, Roch­ 309(e) of the Communications Act of ing, 1825 Connecticut Avenue NW., ester, N.Y. 1934, as amended, the above-captioned Washington, D.C., before the under­ applications of Malrite, Inc., and Philip signed Examiner. 2. With respect to the issues set forth below the following considerations are Y. Hahn, Jr. are designated for hearing Dated at Washington, D.C., September pertinent: in a consolidated proceeding at a time 15,1967. Based on the information contained and place to be specified in a subsequent [seal] Thomas L. W renn, in the application of Malrite, Inc., cash order, upon the following issues: Associate Chief Examiner. in the amount of $288,500 will be needed 1. To determine with respect to the [F.R. Doc. 67-11035; Filed, Sept. 19, 1967; for the construction and first-year op­ application of Malrite, Inc.: 8:48 a.m.] eration of the proposed station, consist­ (a) Whether, in addition to the $115,- ing of down payment on equipment— 197 already shown to be available, the $51,072; first-year payments on equip­ applicant will have available an addition­ ment including interest—$39,134; build­ al $48,363 \in liquid and current assets FEDERAL COMMUNICATIONS ing—$11,000; other items—$7,500; first- (as defined in section IH, par. 4(d), FCC year cost of operation—$179,794. To Form 301) in excess of current liabilities COMMISSION meet the cash requirements, the appli­ to finance the construction and first-year [Docket No. 17210 etc.; FOC 67M-1528] cant relies upon the availability of exist­ operation of the station. ing capital of $163,500 and profits from (b) Whether the applicant will have GREAT RIVER BROADCASTING, the operation of Standard Radio Broad­ available sufficient profits from the oper­ INC., ET AL. cast Station WBRB and Station WBRB- ation of Standard Radio Broadcast Sta­ FM, Mount Clemens, Mich., and Stand­ tion WBRB and Station WBRB-FM, Order Continuing Hearing ard Radio Broadcast Station WNYR and Mount Clemens, Mich., and Standard In re applications of Great River Station WNYRr-FM, Rochester, N.Y. The Radio Broadcast Station WNYR and Sta­ Broadcasting, Inc., St. Louis, Mo., Dock­ applicant has demonstrated the availa­ tion WNYR-FM, Rochester, N.Y., to sup­ et No. 17210, File No. BP-16749; Pru­ bility of $115,197 in liquid and current plement available funds for use in the dential Broadcasting Co., St. Louis, Mo., assets (as defined in section III, par. 4(d), construction and first-year operation of Docket No. 17211, File No. BP-16752; FCC Form 301), in excess of current lia­ the proposed station. Six-Eighty-Eight Broadcasting Co., St. bilities. However, while the applicant (c) Whether, in the light of the evi­ Louis, Mo., Docket No. 17212, File No. states that profits of $221,500 will be dence adduced pursuant to the foregoing, BP-16753; St. Louis Broadcasting Co., utilized from the operation of the stations Malrite, Inc., is financially qualified. St. Louis, Mo., Docket No. 17213, File No. indicated above, the applicant has failed 2. To determine which of the proposals BP-16755; Victory Broadcasting Co., to satisfactorily demonstrate that these would better serve the public interest. Inc., St. Louis, Mo., Docket No. 17214, funds will be available to finance the 3. To determine, in the light of the File No. BP-16758; Home State Broad­ construction and first-year operation of evidence adduced pursuant to the fore­ casting Corp., St. Louis, Mo., Docket No. the proposed station. Moreover, the appli­ going issues, which of the applications 17215, File No. BP-16759; Archway cant has made no showing as to the va­ should be granted. . Broadcasting Corp., St. Louis, Mo., Dock­ lidity of its $400,000 revenue estimate for It is further ordered, That in the event et No. 17217, File No. BP-16761; Mis­ the first-year of operation. Accordingly, of a grant of the application of Malnta souri Broadcasting, Inc., St. Louis, Mo., financial issues have been specified. Inc., such grant shall be made subject Docket No. 17219, File No. BP-16763; for 3. Malrite, Inc., proposes to mount its to the following condition: Construction construction permits. antenna on the existing antenna struc­ shall not commence until an appropriate On the Hearing Examiner’s own mo­ ture of Standard Radio Broadcast Sta­ application to make the proposea tion and because of the press of non­ tion WNYR, Rochester, N.Y. Therefore, changes in the antenna system of Stati hearing duties: It is ordered, That the in the event of a grant of the application hearing in the above matter now sched­ of Malrite, Inc., such grant shall be made 1 Harriscope, Inc., FCC 65-1165, 2 FCC 2d uled for September 18, 1967, is hereby subject to the condition that construction 223.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13301

WNYB has been filed and granted by the Commission. FEDERAL MARITIME COMMISSION FEDERAL POWER COMMISSION It is further ordered, That, to avail AMERICAN ENSIGN VAN SERVICE, [Docket No. CS67-94] themselves of the opportunity to be INC., ET AL. heard, the applicants herein, pursuant to ELLIOTT PRODUCTION CO. § 1.221(c) of the Commission’s rules, in Notice of Agreement Filed for Order Amending Order person or by attorney, shall within Approval twenty (20) days of the mailing of this S eptember 13,1967. order, file with the Commission, in tripli­ Notice is hereby given that the follow­ Order amending order issuing small cate, a written appearance stating an in­ ing agreement has been filed with the producer certificate of public conven­ tention to appear on the date fixed for Commission for approval pursuant to ience and necessity, redesignating FPC the hearing and present evidence on the section 15 of the Shipping Act, 1916, as gas rate schedule, substituting respond­ issues specified in this order. amended (39 Stat. 733, 75 Stat. 763, 46 ent in rate proceeding, and terminating It is further ordered, That the appli­ U.S.C. 814). small producer certificate. cants herein shall, pursuant to section Interested parties may inspect and ob­ On July 19,1967, Elliott Production Co. 311(a) (2) of the Communications Act of tain a copy of the agreement at the (Applicant) filed in Docket No. G-3693 1934, as amended, and § 1.594(a) of the Washington office of the Federal Mari­ an application to succeed to the interests Commission’s rules, give notice of the time Commission, 1321 H Street NW., of Elliott Oil, Inc. By the order issued hearing, either individually or, if feasible, Room 609; or may inspect agreements at July 28, 1967, small producer certificates jointly, within the time and in the man­ the offices of the District Managers, New of public convenience were issued to ner prescribed in such rule, and shall York, N.Y., New Orleans, La., and San Elliott Oil, Inc., and Applicant in Docket advise the Commission of the publication Francisco, Calif. Comments with ref­ Nos. CS67-92 and CS67-94, respectively. of such notice as required by § 1.594(g) erence to an agreement including a re­ The order in Docket No. CS67-92 issued of the rules. quest for hearing, if desired, may be sub­ to Elliott Oil, Inc., terminated Docket No. mitted to the Secretary, Federal Mari­ G-3693. The order also cancelled all of Adopted: September 6,1967. time Commission, Washington, D.C. Elliott Oil, Inc., rate schedules except its Released: September 15,1967. 20573, within 20 days after publication FPC Gas Rate Schedule No. 2 which is of this notice in the F ederal R egister. F ederal Communications involved in suspension proceedings in A copy of any such statement should Docket Nos. RI60-228 and RI64-332. Commission, also be forwarded to the party filing the [seal] Ben F. W aple, agreement (as indicated hereinafter), By general conveyance dated May 1, Secretary. and the comments should indicate that 1967, Elliott Oil, Inc., was merged into [F.R. Doc. 67-11044; Filed, Sept. 19, 1967; this has been done. Applicant. Since Elliott Oil, Inc., is no 8:49 a.m.] Household Goods Forwarders Associ­ longer in business, the authorization ation of America, Inc.; United States- heretofore granted in Docket No. CS67- Alaska/Hawaii/Guam/Puerto Rico rate 92 is no longer required and will be ter­ [Docket No. 17587; FCC 67M-1518] agreement: minated. Since Applicant has been issued a E. O. SMITH (KRDS) Notice of agreement filed for approval by: small producer certificate, the applica­ Order Regarding Procedural Dates tion to amend the certificate in Docket Alan F. Wohlstefrter, Denning & Wohlstetter, No. G-3693 is no longer required and In re application of E. O. Smith 1 Farragut Square South, Washington, D.C. 20006. will be dismissed. (KRDS), Tolleson, Ariz., Docket No. Elliott Oil, Inc., FPC Gas Rate Sched­ 17587, File No. BP-17053; for construc­ Agreement No. DC-28, between Amer­ ule No. 2 will be redesignated as Elliott tion permit. ican Ensign Van Service, Inc., Asiatic Production Co. FPC Gas Rate Schedule Prehearing conferences having been Forwarders, Inc., Astron Forwarding Co., No. 5, and Elliott Production Co. will be held on September 1 and 11,1967: Bekins Wide World Van Service, Inc., substituted as respondent in the suspen­ It is ordered, That: et al., proposes to establish and maintain sion proceedings in Docket Nos. RI60- (1) The applicant’s direct affirmative agreed rates, charges, and practices in 228 and RI64-332. case shall be presented primarily in the connection with the transportation of The Commission staff has reviewed the form of sworn, written exhibits, but may household goods between ports of the application and recommends each action be supplemented by oral testimony; United States, on the one hand, and ports ordered as consistent with all substan­ in Alaska, Hawaii, Guam, and Puerto (2) There shall be informal and formal tive Commission policies and required by Rico, on the other hand. The Household the public convenience and necessity. exchanges of exhibits on or before No­ Goods Forwarders Association of Amer­ vember 27 and December 11, 1967, The Commission finds: respectively; ica, is designated tariff publishing agent (1) It is necessary and appropriate in for the parties. carrying out the provisions of the Natural (3) On or before December 11, 1967, The parties, which operate as freight the applicant shall identify any witness Gas Act that the application to amend forwarders of household goods under the certificate in Docket No. G-3693 filed to be presented orally and state briefly exemption provisos of the Interstate the scope of his testimony; July 19,1967, be dismissed. Commerce Act and as common carriers (2) It is necessary and appropriate in (4) Any party wishing to call for cross- by water subject to the Shipping Act, carrying out the provisions of the Natural examnmtion the sponsor of any exhibit 1916, propose to file tariffs with the Fed­ Gas Act that Docket No. CS67-92 be snail give notification thereof on or be­ eral Maritime Commission between the terminated. fore December 27,1967; and ports covered by the agreement. (3) It is necessary and appropriate in ari5o s^laU commence on Janu- The purpose of the proposed agreement carrying out the provisions of the Nat­ «73,1968, at 10 a.m. in the offices of the is to assist in promoting efficient trans­ ural Gas Act that Elliott Oil, Inc., FPC Commission at Washington, D.C. portation of used household goods be­ Gas Rate Schedule No. 2 be redesignated tween the areas covered in the Issue

FEDERAL REGISTER, V O L 32, NO. 182— WEDNESDAY. SEPTEMBER 20, 1967 13302 NOTICES

(B) Elliott Oil, Inc., FPC Gas Rate 1725 K Street NW., Washington, D.C. esses, or products not previously gen­ Schedule No. 2, as supplemented is re­ 20006, a closed-end nondiversified man­ erally available. designated Elliott Production Co. PPC agement investment company registered Gas Rate Schedule No. 5, and the notice under the Investment Company Act of By the Commission. of succession and general conveyance 1940 (“Act”) and a licensee under the [SEAL] • ORVAL L. DUBOIS, filed by Applicant are accepted for filing Small Business Investment Act of 1958, Secretary. effective as. of May 1, 1967. The general has filed an application for an order of [F A Doc. 67-10997; Filed, Sept, 19, 1967- conveyance of May 1, 1967, is designated the Commission certifying to the Secre­ 8:46 a.m.] as Supplement No. 7 to Elliott Produc­ tary of the Treasury, pursuant to section tion Co. PPC Gas Rate Schedule No. 5. 851(e) of the Internal Revenue Code of (C) Elliott Production Co. is sub­ 1954 (“Code”) , that, for the 9 months [File No. 1-4078] stituted as respondent in Docket Nos. ended December 31,1966, Greater Wash­ ^ TEL-A-SIGN, INC. RI60-228 and RI64-332. ington was principally engaged in the (D) The application to amend the furnishing of capital to other corpora­ Order Suspending Trading certificate filed July 19, 1967, in Docket tions which are principally engaged in No. G-3693 is dismissed. the development or exploitation of in­ S eptember 13,1967. The common stock of Tel-A-Sign, Inc., By the Commission. ' ventions, technological improvements, new processes, or products not previously being listed and registered on the Ameri­ [seal] Gordon M. Grant, generally available. Applicant states that can Stock Exchangepursuant to provi­ Secretary. in 1966 the Internal Revenue Service al­ sions of the Securities Exchange Act of [F.R. Doc. 67-11005; Filed, Sept. 19, 1967; lowed Greater Washington to change its 1934, and being traded otherwise than 8:46 a.m.] tax year from March 31 to December 31 on a national securities exchange; and to avoid difficulties in advising its share­ It appearing to the Securities and Ex­ holders of the tax status of its dividends change 'Commission that the summary promptly in January of each year. The suspension of trading in such securities SECURITIES AND EXCHANGE certification requested is a prerequisite on such Exchange and otherwise than to qualification by Greater Washington on a national securities exchange is re­ COMMISSION as a “regulated investment company” quired in the public interest and for the under section 851(a) of the Code, pur­ protection of investors: / [File No. 811-903] suant to the provisions of section 851(e) It is ordered, Pursuant to sections 15 thereof, for its tax year ending Decem­ (c) (5) and 19(a) (4) of the Securities GREATER WASHINGTON INDUSTRIAL Exchange Act of 1934, that trading in INVESTMENTS, INC. ber 31, 1966. The following table shows the com­ such security on the American Stock Ex­ Certificate change and otherwise than on a national position of the total assets of Greater securities exchange be summarily sus­ S eptember 13,1967. Washington as of the end of each quarter pended, this order to be effective for the Greater Washington Industrial Invest­ in the 9 months ended December 31, period September 14, 1967, through Sep­ ments, Inc. (“Greater Washington”), 1966: tember 23, 1967, both dates inclusive. By the Commission. Assets June 30,1966 Sept. 30,1966 Dec. 31,1966 [seal] Orval L. D uBois, Secretary. Investments (at market value) representing capital furnished: To corporations believed to be principally engaged in the develop­ [F.R. Doc. 67-10998; Filed, Sept. 19, 1967; ment or exploitation of inventions, technological improvements, new processes, or products not previously generally available...... $4,535,521 $4,336,635 $4,311,215 8:46 a.m.] To other corporations believed not so engaged...... 1,062,096 1,067,387 1,027,321 5,597,617 5,404,022 5,338,536 Cash awaiting permanent investment or temporarily invested: INTERSTATE COMMERCE Cash, Government securities (at cost) and accrued income...... 343,550 621,670 1,235,676 11,751 11,542 10,837 COMMISSION Total Assets Before Reserves ...... 5,952,918 6,037,234 6,585,049 FOURTH SECTION APPLICATIONS Reserve For Possible Losses ...... 481,647 478,867 478,867 FOR RELIEF 5,471,271 5,558,367 6,106,182 S eptember 15,1967. Greater Washington has submitted in ing of capital to other corporations which Protests to the granting of an applica­ support of its application, which incor­ are principally engaged in the develop­ tion must be prepared in accordance with porates by reference similar applications ment or exploitation of inventions, Rule 1.40 of the general rules of prac­ made by Greater Washington in 1961 and technological improvements, new proc­ tice (49 CFR 1.40) and filed within Id subsequent years, a detailed description esses, or products not previously gen­ days from the date of publication of this of each of the companies whose securi­ erally available within the intent of sec­ nnt.inp in the F ederal REGISTER. ties are held in its portfolio and which tion 851(e) of the Code. Long- and-S hort Haul it alleges to be of the type contemplated It is therefore certified to the Secre­ FSA No. 41128—Commodities between by section 851 (e) of the Code. tary of the Treasury, or his delegate, points in Texas. Filed by Texas-Loujsi- On the basis of an examination of the pursuant to section 851(e) of the In­ ana Freight Bureau, agent (No. 6021, reports and information filed by Greater ternal Revenue Code of 1954, that for interested rail carriers. Rates on Washington with the Commission pur­ Greater Washington Industrial Invest­ terpene polychlorinates, also compressed suant to the provisions of the Act and ments, Inc., a closed-end nondiversified helium gas, in tank carloads; and mag­ the rules and regulations promulgated management investment company regis­ nesium metal or magnesium metal alloys, thereunder, including the data and in­ tered under the Investment Company Act in carloads, from, to, and between po formation contained in Greater Wash­ of 1940, and a licensee under the Small in Texas, over interstate routes througn ington’s applications for certificates pur­ Business Investment Act of 1958, was, adjoining States. . suant to section 851(e) of the Code filed for the 9 months endsd December 31, Grounds for relief—Intrastate ra and maintenance of rates from and in previous years and in the instant ap­ 1966, principally engaged in the furnish­ points in other States not subject to me plication, it appears to the Commission ing of capital to other corporations same competition. , that, during the 9 months ended De- which are principally engaged in the de- T ariff— Supplement 68 to Texas-u>Jh cember 31, 1966, Greater Washington velopment or exploitation of inventions, siana Freight Bureau, agent, tariff was principally engaged in the furnish- technological improvements, new proc­ 998.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13303

Aggregate- of-I ntermediates pertinent service route as follows: From address as above. Carrier proposes to Waco, Tex., over Texas Highway 6 via operate as a common carrier, by motor PSA No. 41129—Commodities "between Harrison and Heame, Tex., to Hemp­ vehicle, of general commodities, with points in Texas. Filed by Texas-Louisi- stead, Tex., and return over the same certain exceptions, over a deviation route ana Freight Bureau, agent (No. 603), for jnout/G« as follows: From Akron, Ohio, over Inter­ interested rail carriers. Rates on sul­ No. MC 38551 (Deviation No. 1), RA­ state Highway 80S to junction Interstate phuric acid, and other commodities MUS TRUCKING LINE, INC., 3832 Highway 80 west of Youngstown, Ohio, named in the application, in carloads, Ridge Road, Cleveland, Ohio 44144, filed thence over Interstate Highway 80 to from, to, and between points in Texas, September 8, 1967. Carrier proposes to New York, N.Y., and return over the over interstate routes through adjoining operate as a common carrier, by motor same route, for operating convenience St&tcs. vehicle, of general commodities, with only. The notice indicates that the carrier Grounds for relief—Maintenance of certain exceptions, over a deviation route is presently authorized to transport the depressed rates published to meet intra­ as follows: Between Cleveland, Ohio, and same commodities, over a pertinent serv­ state competition without use of such Boston, Mass., over Interstate Highway ice route as follows: From Akron, Ohio, rates as factors in constructing combina­ 90, for operating convenience only. The over Ohio Highway 8 to Canton, Ohio, tion rates. V- ; notice indicates that the carrier is pres­ thence over U.S. Highway 30 to Pitts­ Tariff—Supplement 68 to Texas-Loui- ently authorized to transport the same burgh, Pa., thence over U.S. Highway siana Freight Bureau, agent, tariff ICC commodities, over a pertinent service 22 to Newark, N.J., thence over U.S. 998. route as follows: From Cleveland, Ohio, Highway 1 to New York, N.Y., and re­ By the Commission. over U.S. Highway 20 to Auburn, N.Y., turn over the same route. thence over New York Highway 5 to Al­ [seal] -r-- H. N eil Garson, No. MC 108859 (Deviation No. 4), Secretary. bany, N.Y., thence over U.S. Highway 20 CLAIRMONT TRANSFER CO., 1803 to Boston, Mass., and return over the Seventh Avenue North, Escanaba, Mich. [F.R. Doc. 67-11025; Filed, Sept. 19, 1967; same route. 49829, filed September 5, 1967. Carrier 8:47 a.m.] No. MC 38551 (Deviation No. 2), RA­ proposes to operate as a common carrier, MUS TRUCKING LINE, INC., 3832 by motor vehicle, of general commodi­ {Notice 464] Ridge Road, Cleveland, Ohio 44144, filed ties, with certain exceptions, over devia­ September 8, 1967. Carrier proposes to tion routes as follows: (1) Over connect­ MOTOR CARRIER ALTERNATE ROUTE operate as a common carrier, by motor ing streets and highways in the Indian­ DEVIATION NOTICES vehicle, of general commodities, with cer­ apolis, Ind., commercial zone, from car­ tain exceptions, over a deviation route as rier’s route over Indiana Highway 37 to S eptember 15,1967. follows: From Cleveland, Ohio, over In­ Interstate Highway 74 at Indianapolis, The following letter-notices of pro­ terstate Highway 80 to junction Inter­ Ind., thence over Interstate Highway 74 posals to operate over deviation routes state Highway 94, thence over Interstate to junction Indiana Highway 32 near for operating convenience only have Highway 94 to Chicago, 111., and return Crawfordsville, Ind., thence over Indiana been filed with the Interstate Commerce over the same route, for operating con­ Highway 32 to Crawfordsville, Ind., (2) Commission, under the Commission’s De­ venience only. The notice indicates that over connecting streets and highways in viation Rules Revised, 1957 (49 CFR the carrier is presently authorized to the Indianapolis, Ind., commercial zone, 211.1(c)(8)) and notice thereof to all transport the same commodities, over a from carrier’s route over Indiana High­ interested persons is hereby given as pro­ pertinent service route as follows: From way 37 to junction Interstate Highway vided in such rules (49 CFR 211.1 (d) (4)). Cleveland, Ohio, over Ohio Highway 254 65, thence over Interstate Highway 65 to Protests against the use of any pro­ to junction Ohio Highway 57, thence over Lafayette, Ind., (3) over connecting posed deviation route herein described Ohio Highway 57 to Lorain, Ohio, thence streets and Highways in the Indianapolis, may be filed with the Interstate Com­ over Ohio Highway 2 via Sandusky, Ohio, Ind., commercial zone, from carrier’s merce Commission- in the manner and to Toledo, Ohio, thence over U.S. High­ route over Indiana Highway 37 to junc­ form provided in such rules (49 CFR way Business Route 20 to junction U.S. tion Interstate Highway 65, thence over 211.1(e)) at any time, but will not oper­ Highway 20, thence over U.S. Highway Interstate Highway 65 to Louisville, Ky., ate to stay commencement of the pro­ 20 to Chicago, HU and return over the (4) from junction Interstate Highways posed operations unless filed within 30 same routes. 465 and 65 south of Indianapolis, Ind., days from the date of publication. No. MC 38551 (Deviation No. 3), over Interstate Highway 465 to junction Successively filed letter-notices of the RAMUS TRUCKING LINE, INC., 3832 Interstate Highway 65 north of Indian­ same carrier under the Commission’s De­ Ridge Road, Cleveland, Ohio 44144, filed apolis, Ind., (5) from Milwaukee, Wis., viation Rules Revised, 1957, will be num­ September 8, 1967. Carrier proposes to over U.S. Highway 41 to Green Bay, Wis., bered consecutively for convenience in operate as a common carrier, by motor (6) from Chicago, 111., over Interstate identification and protests if any should vehicle, of general commodities, with Highway 94 to Milwaukee, Wis., and (7) refer to such letter-notices by number. certain exceptions, over a deviation route from junction Interstate Highway 294 as follows: From Huron, Ohio, over U.S. and U.S. Highway 41 and Interstate Motor Carriers of Property Highway 6 to junction Interstate High­ Highway 94 north of Chicago, HI., over No. MC 10928 (Deviation No. 12), way 94, thence over Interstate Highway Interstate Highway 294 to junction U.S. SOUTHERN-PLAZA EXPRESS, INC. 94 to Chicago, 111., and return over the Highway 41 at or near Hammond, Ind., (Consolidated Freightways Corp. of same route, for operating convenience and return over the same routes, for Delaware, Operator), 2001 Irving Boule­ only. The notice indicates that the operating convenience only. The notice vard, Post Office Box 10572, Dallas, Tex. carrier is presently authorized to trans­ indicates that the carrier is presently "5207. Carrier proposes to operate as a port the same commodities, over a perti­ authorized to transport the same com­ common carrier, by motor vehicle, of nent service route as follows: From modities, over pertinent service routes general commodities, with certain ex­ Cleveland, Ohio, over Ohio Highway 254 as follows: (1) From Indianapolis, Ind., ceptions, over a deviation route as fol­ to junction Ohio Highway 57, thence over Indiana Highway 37 to Blooming­ lows: From Waco, Tex., over Texas over Ohio Highway 57 to Lorain, Ohio, ton, Ind., thence over Indiana Highway Ntenway 6 to junction Texas Highway thence over Ohio Highway 2 via San­ 46 to Spencer, Ind., thence over Indiana «0, thence over Texas Highway 340 dusky, Ohio, to Toledo, Ohio, thence over Highway 43 to Crawfordsville, Ind., (2) i? junction Texas Farm to Market U.S. Highway Business Route 20 to from Indianapolis, Ind., over the route 2491. thence over Texas Farm junction U.S. Highway 20, thence over described in No. 1 to Spencer, Ind., thence w Market Road 2491 to the north gate U.S. Highway 20 to Chicago, 111., and over Indiana Highway 43 to Lafayette, w the Texas Power & ligh t Trading- return over the same route. Ind., (3) from Indianapolis, Ind., over »ouse Creek plantsite, and return over No. MC 106943 (Deviation No. 9), Indiana Highway 37 to junction U.S. ®. same route, for operating con- EASTERN EXPRESS, INC., 1450 Wa­ mence only. The notice indicates that bash Avenue, Terre Haute, Ind. 47808, Highway 150, at Paoli, Ind., thence over tran oarner is presently authorized to filed September 5, 1967. Carrier’s repre­ U.S. Highway 150 to Louisville, Ky., (4) ansport the same commodities, over a sentative: Peter M. Witham, same from Milwaukee, Wis., over Wisconsin

FEDERAL REGISTER, V O L 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 No. 183- 13304 NOTICES

Highway 57 to junction Wisconsin High­ and their baggage, and express and way 141 and U.S. Highway 67, over Mis­ way 23, thence over Wisconsin Highway newspapers in the same vehicle with souri Highway 141 to junction Interstate 23 to Plymouth, Wis., thence over Wis­ passengers, over deviation routes as fol­ Highway 55, thence over Interstate High­ consin Highway 67 to Kiel, Wis., thence lows: (1) From junction Arkansas High­ way 55 to junction Jefferson County over Wisconsin Highway 57 via Chilton, way 26 and U.S. Highway 67 over Arkan­ Route M, thence over Jefferson County Wis., to Green Bay, Wis., (5) from Chi­ sas Highway 26, an access road, to Route M to junction U.S. Highway 67, cago, 111., over U.S. Highway 41 to Mil­ junction Interstate Highway 30, thence for a distance of 6.5 miles, and return waukee, Wis., and (6) from junction U.S. over Interstate Highway 30 to junction over the same route, for operating con­ Highway 41 and Interstate Highway 294 Arkansas Highway 53, thence over Ar­ venience only. The notice indicates that at or near Hammond, Ind., over U.S. kansas Highway 53, an access road, to the carrier is presently authorized to Highway 41 to junction Interstate High­ Gurdon, Ark., and (2) from Gurdon, transport passengers and the same prop­ way 294 north of Chicago, 111., and return Ark., over Arkansas Highway 53, an erty, over a pertinent service route as over the same routes. access road, to junction Interstate High­ follows: Between St. Louis, Mo., and No. MC 108473 (Deviation No. 13), ST. way 30, thence over Interstate Highway Judsonia, Ark., over U.S. Highway 67. JOHNSBURY TRUCKING COMPANY, 30 to junction Arkansas Highway 51, By the Commission. INC., 38 Main Street, St. Johnsbury, Vt. thence over Arkansas Highway 51, an 05819, filed September 7, 1967. Carrier’s access road, to junction U.S. Highway 67, [seal] H. Neil G arson, representative: Francis E. Barrett, Pro­ and return over the same routes, for op­ Secretary. fessional Building, 25 Bryant Avenue, erating convenience only. The notice [P.R. Doc. 67-110264 Plied, Sept. 19, 1967; East Milton (Boston) Mass. 02186. Car­ indicates that the carrier is presently 8:48 aim.] rier proposes to operate as a common authorized to transport passengers and the same property, over a pertinent carrier, by motor vehicle, of general com­ [Notice 1106] modities, with certain exceptions, over service route as follows: From Memphis, deviation routes as follows: (1) From Tenn., over U.S. Highway 70 to Hot MOTOR CARRIER APPLICATIONS AND Camden, N.J., over U.S. Highway 130 to Springs National Park, Ark., thence over CERTAIN OTHER PROCEEDINGS junction Interstate Highway 295, thence Arkansas Highway 7 to Arkadelphia, over Interstate Highway 295 to junction Ark., thence over U.S. Highway 67 to S eptember 15,1967. Interstate Highway 95, near Wilming­ Texarkana, Tex., and return over the The following publications are gov­ ton, Del., thence over Interstate Highway same route. erned by Special Rule 1.247 of the Com­ 95 to Wilmington, Del., and (2) from No. MC 61616 (Deviation No. 23), mission’s rules of practice, published in Philadelphia, Pa., over U.S. Highway 13 MIDWEST BUSLINES, INC., 433 West the F ederal R egister issue of April 20, to junction Interstate Highway 95, thence Washington Avenue, North Little Rock, 1966, which became effective May 20, over Interstate Highway 95 to Wilming­ Ark. 72114, filed September 8, 1967. Car­ 1966. ton, Del., and also to/enter, leave, and re­ rier’s representative: Nathaniel Davis, The publications hereinafter set forth enter the aforementioned expressways Post Office Box 1188, Little Rock, Ark. reflect the scope of the applications as at all entrances and exits, and return 72203. Carrier proposes to operate as a filed by applicant, and may include de­ over the same routes, for operating con­ common carrier, by motor vehicle, of scriptions, restrictions, or limitations venience only. The notice indicates that passengers and their baggage, and ex­ which are not in a form acceptable to the carrier is presently authorized to press and newspapers in the same vehicle the Commission. Authority which ulti­ transport the same commodities, over a with passengers, over deviation routes as mately may be granted as a result of'the pertinent service route as follows: From follows: (1) From junction Arkansas applications here noticed will not nec­ New York, N.Y., over U.S. Highway 1 to Highway 26 and U.S. Highway 67 over essarily reflect the phraseology set forth Philadelphia, Pa. (also over U.S. High­ Arkansas Highway 26, as access road, to in the application as filed, but also will way 1 to junction U.S. Highway 130, junction Interstate Highway 30, thence eliminate any restrictions which are not thence over U.S. Highway 130 to Camden, over Interstate Highway 30 to junction acceptable to the Commission. N.J., thence across the Delaware River Arkansas Highway 53, thence over Ar­ Applications Assigned for O ral H earing to Philadelphia), thence over U.S. High­ kansas Highway 53, an access road, to way 13 to Wilmington, Del., and return Gurdon, Ark., and (2) from Gurdon Ark., MOTOR CARRIERS OF PROPERTY over the same routes. over Arkansas Highway 53, an access No. MC 113855 (Sub-No. 166) (Repub­ No. MC 108473 (Deviation No. 14), road, to junction Interstate Highway 30, lication), filed August 3, 1967, published ST. JOHNSBURY TRUCKING COM­ thence over Interstate Highway 30, to in the F ederal R egister issue of Au­ PANY, INC., 38 Main Street, St. Johns­ junction Arkansas Highway 51, thence gust 25, 1967, and republished this issue. bury, Vt. 05819, filed September 7, 1967. over Arkansas Highway 51, an access Applicant: INTERNATIONAL TRANS­ Carrier’s representative:' Francis E. Bar­ road, to junction U.S. Highway 67, and PORT, INC., South Highway 52, Roches­ rett, Professional Building, 25 Bryant return over the same routes, for opera­ ter, Minn. 55902. Applicant’s representa­ Avenue, East Milton (Boston), Mass. ting convenience only. The notice indi­ tive: Franklin J. Van Osdel, 502 First 02186. Carrier proposes to operate as a cates that the carrier is presently author­ National Bank Building, Fargo, N. Dak. common carrier, by motor vehicle, of ized to transport passengers and the 58102. Authority sought to operate as a general commodities, with certain ex­ same property, over a pertinent service common carrier, by motor vehicle, over ceptions, over a deviation route as fol­ route as follows: From St. Louis, Mo., irregular routes, transporting: Street lows: Between Albany, N.Y., and Glens over U.S. Highway 67 to Judsonia, Ark., sweepers and parts, from points in Los Falls, N.Y., over Interstate Highway 87, thence over U.S. Highway 67 to junction Angeles County, Calif., to points in the also to enter, leave, and reenter the U.S. Highway 67C, thence over U.S. High­ United States (except Hawaii). Note. aforementioned expressway at all exit way 67C to junction U.S. Highway 67, The purpose of this republication is to and entrances, for operating convenience thence over U.S. Highway 67 to Maud, reflect the hearing information. only. The notice indicates that the car­ Tek., and return over the same route. HEARING: September 29,1967, before rier is presently authorized to transport No. MC 61616 (Deviation No. 24), Examiner Jair S. Kaplan, at the y . the same commodities, over a pertinent MIDWEST BUSLINES, INC., 433 West of the Interstate Commerce Commission, service route as follows: Between Al­ Washington Avenue, North Little Rock, Washington, D.C. bany, N.Y., and Glens Falls, N.Y., over Ark. 72114, filed September 8, 1967. Car­ No. MC 115311 (Sub-No. 64) (p u b ­ U.S. Highway 9. rier’s representative: Nathaniel Davis, lication), filed November 3, 1966, Pub­ Motor Carriers op P assengers Post Office Box 1188, Little Rock, Ark. lished F ederal R egister issue of Novem 72203. Carrier proposes to operate as a ber 24, 1966, and republished tffis issue. No. MC 50026 (Deviation No. 10), common carrier, by motor vehicle, of Applicant: J & M TRANSPORTATION ARKANSAS MOTOR COACHES LIM­ passengers and their baggage, and ex­ CO., INC., Post Office Box 488, Milledge ITED, INC., 100 East Markham, Little ville, Ga. 31061. AppUcant’s represenW- Rock, Ark. 72201, filed September 8,1967. press and newspapers in the same vehicle Carrier proposes to operate as a common with passengers, over a deviation route tive: Paul M. Daniell, 1600 First Federal carrier, by motor vehicle, of passengers as follows: From junction Missouri High­ Building, Atlanta, Ga. 30303. In

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13305 above-entitled proceeding, the examiner By application filed March 20, 1967, ap­ MOTOR CARRIERS OF PROPERTY recommended the granting to applicant plicant seeks a certificate of public No. MC-F-9479 (Republication) a certificate of public convenience and convenience and necessity authorizing (MATLACK, INC .—Control—AL ZEF- necessity authorizing operation as a com­ operation, in interstate or foreign com­ FIRO TRANSFER & STORAGE, INC.), mon carrier by motor vehicle, in inter­ merce, as a common carrier by motor vehicle, over irregular routes, of show published in the July 27, 1966, issue of state or foreign commerce, over irregular the F ederal R egister, on page 10166. By routes, of general commodities, except cattle and sale livestock (excluding race decision and order of September 1, 1967, (a) naval stores, in bulk, in tank ve­ horses, show horses, and polo ponies), the report and recommended order of the hicles, and (b) cement, dangerous ex­ which are used for show purposes, and hearing examiner, served April 24, 1967, plosives, commodities of unusual value, sale cattle going for breeding purposes, was adopted as the order of the Commis­ household goods as defined by the Com­ personal effects of their attendants, and sion, Division 3, effective 35 days from mission, commodities requiring the use supplies and equipment used in the care date of this republication. This order ap­ of refrigeration, and such commodities and/or exhibition of such animals, be­ proved the application for control sub­ as require the use of special equipment tween points in Pennsylvania, Maryland, ject to a condition, inter alia, that a by reason of size or weight, between New York, Virginia, West -Virginia, Ohio, portion of the operating rights of AL Kingsland and Seals, Ga., on the one New Jersey, Delaware, Connecticut, Mas­ ZEFFIRO TRANSFER AND STORAGE, hand, and, on the other, the plantsite of sachusetts, Rhode Island, Maine, New INC., be transferred tcTMATLACK, INC., Thiokol Chemical Corp., located approx­ Hampshire, Vermont, an Box 626, Camp Hill, Pa. 17011. CFR 1.240.) on the one hand, and, on the other, points

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 2 0 ,1 9 6 7 13306 NOTICES

in Indiana, Illinois, Missouri, Arkansas, regular and irregular routes, from, to, hand, and, on the other, certain specified and Tennessee; and such self-propelled and between specified points in the points in Connecticut; and scrap metals, articles, each weighing 15,000 pounds or the States of Connecticut, Massachu­ between points in Connecticut, on the more, which may be included in heavy setts, Rhode Island, New Hampshire, one hand, and, on the other, New York machinery and contractors’ equipment, New York, New Jersey, and Vermont, N.Y., and points in New Jersey within and related machinery, tools, parts, and with certain restrictions, serving various 15 miles of Jersey City, NJ. Vendee is supplies moving in connection therewith; intermediate and off-route points, as authorized to operate as a common car­ restricted to commodities which are more specifically described in Docket No. rier in Virginia, North Carolina, New transported on trailers, between points MC-36151 and Sub-numbers thereunder. York, Maryland, Pennsylvania, New in that part of Kentucky west of the This notice does not purport to be a com­ Jersey, Delaware, West Virginia, Geor­ Tennessee River, on the one hand, and, plete description of all of the operating gia, South Carolina, Florida, Kentucky, on the other, points in Indiana, UlinoiSr rights of the carrier involved. The fore­ Tennessee, Alabama, Ohio, Massachu­ Missouri, Arkansas, and Tennessee. going summary is believed to be sufficient setts, Rhode Island, Connecticut, Maine, Vendee is authorized to operate a com­ for purposes of public notice regarding New Hampshire, Vermont, Arkansas! mon carrier in Illinois, Virginia, Tennes­ the nature and extent of this carrier’s Louisiana, Mississippi, Texas, Oklahoma, see, Kentucky, North Carolina, Wiscon­ operating rights, without stating, in full, and the District of Columbia. Application sin, Michigan, Iowa, Minnesota, Indiana, the entirety, thereof. A-P-A TRANS­ has been filed for temporary authority West Virginia, Kansas, Missouri, Ne­ PORT CORP., is authorized to operate under section 210a(b). braska, and Oklahoma. Application has as a common carrier in New Jersey, New No. MC-F-9884: Authority sought for riot been filed for temporary authority York, Connecticut, and Pennsylvania. purchase by GLOSSON MOTOR LINES, under section 210a(b). Application has been filed for temporary INC., Route 9, Box 11-A, Hargrave Road, No. MC-F-9881. Authority sought for authority under section 210a (b). Lexington, N.C., of the operating rights purchase by FORT EDWARD EXPRESS No. MC-F-9883. Authority sought for Of FOBER FREIGHT LINES, INC. CO., INC., Route 9, Saratoga Road, Fort purchase by GLOSSON MOTOR LINES, (EUGENE B. BERMAN, assignee for Edward, N.Y. 12828, of the operating INC., Route 9, Box 11-A, Hargrave Road, benefit of creditors), 31 Elm Street, rights and certain property of ASSO­ Lexington, N.C., of the operating rights Springfield, Mass., and for acquisition by CIATED TANK LINES CO., INC., Post Of H & B FREIGHTWAYS, INC. (JOHN PEDLER AND ASSOCIATES, INC., 306 Office Box 97, Hillsdale, N.Y., and for ac­ H. KRICK, trustee), 900 Chapel Street, Oakwood Drive, Lexington, N.C., of con­ quisition by ALBERT R. HILLMAN, 24 New Haven, Conn. 06510, and for acquisi­ trol of such rights through the purchase. Fort Amherst Road, Glens Falls, N.Y., tion by PEDLER AND ASSOCIATES, Applicants’ attorneys: James E. Wilson, FRANK H. HILT MAN, Upper Broadway, INC., 306 Oakwood Drive,- Lexington, 1735 K Street NW., Washington, D.C., Fort Edward, N.Y., NILES R. HILLMAN, N.C., of control of such rights through and Reubin Kaminsky, 410 Asylum 40 Stewart Avenue South, Glens Falls, the purchase. Applicants’ attorney and Street, Hartford, Conn. Operating rights N.Y., and PAUL F. HILLMAN, Star representative: James E. Wilson, 1735 sought to be transferred: General com­ Route, Glenns Falls, N.Y., of con­ K Street NW., Washington, D.C., and modities, excepting, among others, trol of such rights and property through Gerald W. Brownstein, Post Office Box household goods and commodities in the purchase. Applicants’ attorney: 1406, New Haven, Conn. Operating rights bulk, as a common carrier, over regular Harold G. Hemly, 711 14th Street sought to be transferred: General com­ routes, between Dover, N.H., and Hart­ NW., Washington, D.C. 20005. Operat­ modities, excepting, among others, house­ ford, Conn., and Haverhill, Mass., be­ ing rights sought to be transferred: hold goods and commodities in bulk, as tween points in Massachusetts, between Gasoline and oil, as a common carrier, a common carrier, over regular routes, Seabrook, N.H., and Providence, R.I., be­ over irregular routes, between Rens­ between New York, N.Y., and Pawca- tween Taunton, Mass., and Providence, selaer, N.Y., and Pittsfield, Mass., be­ tuck, Conn., serving certain intermedi­ R.I., serving all intermediate points; tween Rensselaer, N.Y., and Catskill, ate and off-route points, those in the baker’s ovens, knocked down, over irreg­ N.Y., and petroleum products, in bulk, in New York, N.Y., commercial zone, as ular routes, between Newburyport, Mass., tank vehicles, from Hudson, N.Y., to defined by the Commission, and those in on 'the one hand, and, on the other, Great Barrington, Mass., and points in New Jersey within 15 miles of Jersey points in New Hampshire, Rhode Island, Connecticut and Massachusetts within City, N.J., between Saybrook, Conn., and Connecticut, and New York; clothing and 15 miles of Great Barrington, from Cat- Norwichtown, Conn., serving all inter­ athletic goods, between Lawrence, Mass., skill, N.Y., to Great Barrington, Mass., mediate points, and the off-route points on the one hand, and, on the other, and points within 15 miles thereof; with of Montville and Greenville, Conn., be­ points in New Hampshire, Rhode Island, restriction. Vendee is authorized to op­ tween Norwich, Conn., and Pawcatuck, Connecticut, and New York; and textile erate as a common carrier in New York, Conn., serving all intermediate points, mills supplies, between certain specified New Jersey, Vermont, Maine, Maryland, and the off-route point of Greenville, points in Massachusetts, on the one Massachusetts, Pennsylvania, Ohio, Con­ Conn., between Westbrook, Conn., and hand, and, on the other, Franklin, N.H., necticut, New Hampshire, and Rhode Is­ Deep River, Conn., serving all intermedi­ Peacedale, R.I., and Rockville, Conn. land. Application has not been filed for ate points, and the off-route points of Vendee is authorized to operate as a temporary authority under section Essex and Ivoryton, Conn., between New common carrier in Virginia, North 210a(b). Haven, Conn., and Hartford, Conn., serv­ Carolina, New York, Maryland, Pennsyl­ No. MC-F-9882. Authority sought for ing all intermediate and certain off-route vania, New Jersey, Delaware, West Vir­ control by A-P-A TRANSPORT CORP., points, between New Haven, Conn., and ginia, Georgia, South Carolina, Florida, 2110 85th Street, North Bergen, N.J. Cheshire, Conn., serving all intermediate Kentucky, Tennessee, Alabama, Ohio, 07047, of HENRY JENKINS TRANS­ points, and the off-route points of West Massachusetts, Rhode Island, Connecti­ PORTATION CO., INCORPORATED, Haven and Fair Haven, Conn., between cut, Maine, New Hampshire, Vermont, Braintree Industrial Plaza, Braintree, Bridgeport, Conn., and Plainville, Conn., Arkansas, Louisiana, Mississippi, Texas, Mass., and for acquisition by A-P-A serving all intermediate points, and the Oklahoma, and the District of Columbia. TRUCK LEASING CORP., also of North off-route point of New Britain, Conn., Application has been filed for temporary Bergen, N.J., of control of HENRY JEN­ between New Haven, Conn., and Sey­ authority under section 210a(b). KINS TRANSPORTATION CO., IN­ mour, Conn., serving the intermediate No. MC-F-9885. Authority sought for CORPORATED, through the acquisition points of Derby and Ansonia, Conn.; purchase by ROBBINS MOTOR TRANS­ by A-P-A TRANSPORT CORP. Appli­ groceries and packinghouse products, PORTATION, INC., Industrial Highway cants’ attorneys: Herbert Burstein, 160 from New York, N.Y., to Hartford, Conn., and Saville Avenue, Eddystone, Pa- Broadway, New York, N.Y. 10038 and serving the intermediate points of New 19029, of the operating rights of H & o Francis E. Barrett, Sr., 27 Bryant Ave­ Haven, Conn., and those between New EXPRESS TRANSPORT, INC., doing nue, East Milford, Mass. 02186. Operating York and New Haven; and certain off- business as H & S EXPRESS, Post Office rights sought to be controlled: General route points for northbound shipments; Box 693, Route 15, Baltimore, Md., and commodities, with certain specified ex­ general commodities, with exceptions as ceptions, and numerous other specified specified above, over irregular routes, for acquisition by MAURICE ROBBINS, commodities, as a common carrier, over between New Haven, Conn., on the one 300 Dogwood Lane, Wallingford, Pa., o

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13307 control of such rights through the pur­ of the intrastate authority sought, pur­ Commission, Cordell Hull Building, chase. Applicants’ attorney: Paul F. suant to section 206(a) (6) of the Inter­ Nashville, Tenn. 37219, and should not Sullivan, Suite 913, Colorado Building, state Commerce Act, as amended Octo­ be directed to the Interstate Commerce 1341 G Street NW., Washington, D.C. ber 15, 1962. These applications are Commission. 20005. Operating rights sought to be governed by Special Rule 1.245 of the State Docket No. MC 4978, filed August transferred: Plumbing equipment and Commission’s rules of practice, published 10, 1967. Applicant: S & W FREIGHT accessories, paper napkins and cups, in the F ederal R egister, issue of April LINES, INC., 106 McGee Street, Mc- vending machines, pipe fittings, ice 11, 1963, • page 3533, which provides, Minnvjlle, Tenn. Applicant’s representa­ cream machinery, and gas ranges, as a among other things, that protests and tive: Val Sanford, 17th Floor Life & common carrier, over regular routes, requests for information concerning the Casualty Tower, Nashville, Tenn. Cer­ between Baltimore, Md., and Rosslyn, time and place of State Commission tificate of public convenience and neces­ Va., serving the intermediate points of hearings or other proceedings, any sub­ sity sought to operate a freight service as Washington, D.C., and those in Mary­ sequent changes therein, and any other follows: Transportation of general com­ land and Virginia within 5 miles of related matters shall be directed to the modities, except those of unusual value, Washington; general' commodities, ex­ State Commission with which the ap­ class A and B explosives, commodities cepting, among others, household goods plication is filed and shall not be ad­ in bulk, commodities requiring special and commodities in bulk, over irregular dressed to or filed with the Interstate equipment, and those injurious or con­ routes, between points within 10 miles Commerce Commission. taminating to other lading, between of Baltimore, Md., including Baltimore; State Docket No. 4470 Sub-No. 5, filed Nashville, Tenn., and Murfreesboro, and monumental stone, from Baltimore, August 15, 1967. Applicant: POTTER Tenn., over U.S. Highway 41, serving .all Md., to Baltimore and points in Maryland FREIGHT LINES, INC., Post Office Box intermediate points. Both intrastate and within 30 miles of Baltimore, Washing­ 428, Sparta, Tennessee. Applicant’s rep­ interstate authority sought. ton, D.C., and points in Maryland and resentative: James Clarence Evans, HEARING: Wednesday, October 4, Virginia within 30 miles of Washington. Third National Bank Building, Nashville, 1967 at the Commission’s Court Room Vendee is authorized to operate as a Tenn. 37219. Certificate of public con­ C-1-110, Cordell Hull Building, Nash­ common carrier in Pennsylvania, New venience and necessity sought to operate ville, Tenn., at 9:30 a.m. Request for Jersey, New York, Delaware, Connecti­ a freight service as follows: Transporta­ procedural information, including the cut, Massachusetts, Maine, New Hamp­ tion of General commodities, except used time for filing protests, concerning this shire, Vermont, Rhode Island, Georgia, household goods and commodities in application, should be addressed to Ten­ Florida, Alabama, Mississippi, Louisiana, bulk between McMinnville and Morri­ nessee Public Service Commission, Cor­ Texas, Tennessee, Kentucky, Ohio, Indi­ son, Tenn., via Tennessee Highway 55, dell Hull Building, Nashville, Tenn. ana, Illinois, Michigan,~Wisconsin, Iowa, with service at all intermediate points, 37219, and should not be directed to the Missouri, Arkansas, Oklahoma, Virginia, and serving also the plantsite of Carrier Interstate Commerce Commission. and the District of Columbia. Application Air Conditioning Corp., division of Car­ State Docket No. 49640, filed August 25, has not been filed for temporary author­ rier Corp., with this authority to be used 1967. Applicant: AUTO PURCHASING ity under section 210a (b). N ote : If a in conjunction with all of applicant’s AGENCY, INC., 2634 East 26th Street, hearing is deemed necessary, Applicants’ other authority, both existing and all au­ Los Angeles, Calif. 90058. Applicant’s rep­ request it be held in Washington, D.C., thority applied for if and when issued. resentative: Donald Murchison, 211 or Philadelphia, Pa. Both interstate and intrastate authority South Beverly Drive, Beverly Hills, Calif. No. MC-F-9886. Authority sought for sought. Certificate of public convenience and ne­ purchase by MURAL TRANSPORT, HEARING: Friday, October 13, 1967, cessity sought to operate a freight service INC., 2900 Review Avenue, Long Island at the Commission’s Court Room, C-l, as follows: Transportation of Automo­ City, N.Y. 11101, of a portion of the oper­ Cordell Hull Building, Nashville, Tenn., tive parts and accessories, automotive ating rights of NORTH CENTRAL at 9:30 a.m. Request for procedural in­ materials, supplies, and tools, automotive TRUCK LINES, INC., Woodbury Build­ formation, including the time for filing gas, and diesel engines and parts, and ing, Marshalltown, Iowa 50158, and for protests, concerning this application, agricultural implements and parts, (1) acquisition by ALEXANDER SHAPIRO, should be addressed to Tennessee Public (a) between all points and places in the also of Long Island City, N.Y., of con­ Service Commission, Cordell Hull Build­ Los Angeles Basin Territory, as described trol of such rights through the purchase. ing, Nashville, Tenn. 37219, and should in Item No. 270 of P.U.C. Minimum Rate Applicants’ attorney: S. S. Eisen, 140 not be directed to the Interstate Com­ Tariff No. 2, (b) points and places in the Cedar Street, New York, N.Y. 10006. Op­ merce Commission. Los Angeles Basin Territory, and (i) erating rights sought to be transferred: State Docket No. MC 4496 (Sub-No. New and used store fixtures, as a common 4), filed August 23,1967. Applicant: MID Wasco, serving all intermediate points carrier, over irregular routes, between SOUTH TRANSPORTS, INC., 1046 Gorman and north, with operations be­ Points in Illinois, Indiana, Iowa, Ken­ Arkansas, Memphis, Tenn. Applicant’s tween the Los Angeles Basin Territory tucky, Michigan, Minnesota, Missouri, representative: Dale Woodall, 900 Mem­ and Wasco over and along U.S. Highway Nebraska, Ohio, and Wisconsin. Vendee phis Bank Building, Memphis, Tenn. 99 to Lerado Highway, Lerado Highway to is authorized to operate as a common 38103. Certificate of. public convenience Shafter, unnamed highway paralleling carrier in all points in the United States and necessity sought to operate a freight right-of-way of Santa Fe Railway Co. to (except Alaska and Hawaii). Application service as follows: Transportation of Pond Avenue, and Pond Avenue to Wasco, oas not been filed for temporary author­ General commodities (except commodi­ (ii) Santa Barbara, serving Oxnard, ity under section 210a(b). ties in bulk, household goods and those Carpenteria, and Ventura as intermedi­ commodities requiring special equip­ ate points with operations between the By the Commission. ment) from Memphis, Tenn., over Inter­ Los Angeles Basin Territory and Santa *-SEALJ H. Neil Garson, state Highway No. 1-40 to its intersection Barbara via U.S. 101-A and 101, (iii) San Secretary. with Tennessee Highway 22, thence over Diego, serving Oceanside as an intermedi­ ate point and La Mesa via State Highway IFA. Doc. 67-11027; Piled, Sept. 19, 1967; Tennessee Highway 22 to its intersection 8:48 a.m.] with U.S. Highway 79, thence over U.S. No. 10 and U.S. Highway Nos. 101 bypass, Highway 79 to Paris, Tenn., and return 101 and 80, (c) Bakersfield on the one over the same route serving no inter­ hand and Taft on the other hand, (d) Nt!iCE 0F fil,NG OF MOTOR CAR­ mediate points. Both intrastate and in­ San Diego on the one hand and National RIER INTRASTATE APPLICATIONS terstate authority sought. City, El Cajon and the Los Angeles Basin HEARING: Commission’s Court Room, Territory on the other hand. (2) Opera­ S eptember 15, 196V. C-l Cordell Hull Building, Nashville, tions to be conducted, pursuant to the com«! follow^ng applications for motor Tenn., Monday, November 20, 1967, 9:30 grant of authority sought over and along carrier authority to operate in a.m. Request for procedural information, the following routes, (a) State Highway nif.f.rv„tate .commerce seek concurrent including the time for filing protests No. 166, between the intersection of U.S. or fr>>C-arner authorization in interstate concerning the application should be ad­ Highway No. 99 with State Highway No. reign coimnerce within the limits dressed to the Tennessee Public Service 166, and Maricopa, (b) U.S. Highway No.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13308 NOTICES 399, between Maricopa and the inter­ N.Y., Hartford County, Conn., Providence President, Can-Tex Industries, Post section of U.S. Highway No. 399 with and Kent Counties, R.I., and Suffolk, Office Box 158, Cannelton, Ind. 47520. U.S. Highway No. 99 at or near Green­ Hampden, and Worcester Counties, Send protests to: Wayne L. Merilatt, field, (c) an unnumbered highway, be­ Mass., and empty shipper-furnished District Supervisor, Bureau of Opera­ tween Shafter and the intersection of an trailers, on return, for -180 days. Support­ tions, Interstate Commerce Commission, unnumbered highway with U.S. High­ ing shipper: Czamikow-Rionda Sugars 426 Post Office Building, Louisville, Ky way No. 399 at a point approximately 15 Co., Inc., 120 Wall Street, New York, 40202. miles west of Greenfield; (d) U.S. High­ N.Y. 10005. Send protests to: District No. MC 124679 (Sub-No. 10 TA), filed way No. 101, between San Diego and Na­ Supervisor, Walter J. Grossman, Inter­ September 8, 1967. Applicant: C. R tional City, and (e) U.S. Highway No. state Commerce Commission, Bureau of ENGLAND & SONS, INC., 228 West 80, between La Mesa and El Cajon. Both Operations, 1060 Broad Street, Room Fifth South Street, Salt Lake City, Utah intrastate and interstate authority 363, Newark, N.J. 07102. 84101. Authority sought to operate as a sought. No. MC 78040 (Sub-No. 3 TA), filed common carrier, by motor vehicle, over HEARING: No date has been assigned. September 8, 1967. Applicant: BOYD irregular routes, transporting: (1) Yeast Requests for procedural information, in­ TRANSFER COMPANY, a corporation, and allied bakery products, from Oak­ cluding the time for filing protests con­ 4800 Boston Street, Baltimore, Md. 21224. land, Calif., to points in Oregon, Wash­ cerning this application should be ad­ Applicant’s representative: W. T. Croft, ington, Montana, Idaho, Nevada, and dressed to the California Public Utilities Federal Bar Building, 1815 H Street Utah, (2) food and salad dressing, from Commission, California State Building, NW., Washington, D.C. 20006. Authority Oakland, Calif., to points in Oregon, Civic Center, 455 Golden Gate Avenue, sought to operate as a common carrier, Washington, Idaho, and Utah, and (3) San Francisco, Calif. 94102, and should by motor vehicle, over irregular routes, bakery products, from San Leandro, not be directed to the Interstate Com­ transporting: New furniture (except new Calif., to Seattle and Spokane, Wash., merce Commission. upholstered furniture), from Baltimore, for 180 days. Supporting shippers: Uni­ Md., to Atlantic City, Trenton, Beverly, versal Foods Corp., 433 East Michigan By the Commission. Vineland, Haddonfield and Woodbury, Street, Milwaukee, Wis. 53210; Tip Top [seal] H. N eil Garson, N.J., to Montgomery, Paoli, Philadelphia, Foods, Inc., 475 Lesser Street, Oakland, Secretary. West Chester, and Willow Grove, Pa., Calif. 94601; and George’s Delicious for 150 days. Supporting shipper: Baum- [F.R. Doc. 67-11028; Filed, Sept. 19, 1967; Poods, Inc., Post Office Box 2076, San 8:48 a.m.] ritter Corp., 205 Lexington Avenue, New Leandro, Calif. Send protests to: John T. York, N.Y. 10016. Send protests to: Vaughan, District Supervisor, Bureau of William L. Hughes, District Supervisor, Operations, Interstate Commerce Com­ [Notice 452] Interstate Commerce Commission, 1125 mission, 2224 Federal Building, Salt Lake Federal Building, Baltimore, Md. 21201. City, Utah 84111. MOTOR CARRIER TEMPORARY No. MC 119777 (Sub-No. 82 TA), filed AUTHORITY APPLICATIONS No. MC 129076 (Sub-No. 2 TA), filed September 8, 1967. Applicant: LIGON September 8, 1967. Applicant: SPECIAL­ S eptember 13, 1967. SPECIALIZED HAULER, INC., Box L, IZED CARRIERS, INC., 928 South Penn­ The following are notices of filing of Madisonville, Ky. 42431. Applicant’s sylvania Street, Indianapolis, Ind. 46204. applications for temporary authority un­ representative: Fred F. Bradley, Suite Applicant’s representative: Walter Jones, der section 210a(a) of the Interstate 202-204, Court Square Office Building, 1019 Chamber of Commerce Building, Commerce Act provided for under the Frankfort, Ky. 40601. Authority sought Indianapolis, Ind. 46204. Authority new rules of Ex Parte No. MC 67 (49 CFR to operate as a common carrier, by motor sought to operate as a contract carrier, Part 340) published in the F ederal R eg­ vehicle,-over irregular routes, transport­ by motor vehicle, over irregular routes, ister, issue of April 27, 1965, effective ing: Wood fiberboard, wood fiberboard transporting: Aluminum bridge railing July 1, 1965. These rules provide that faced or finished with decorative or pro­ and guard components, consisting of protests to the granting of an application tective materials, and accessories and posts, rails, anchor systems, and other must be filed with the field official named supplies used in the installation of such related miscellaneous parts, from the in the Federal R egister publication, wood fiberboard when moving with plantsites of Howe Engineering Co., Inc., within 15 calendar days after the date of shipments thereof, from the plantsite of Indianapolis, Ind., to points in Ohio, notice of the filing of the application is Prestile Manufacturing Co. at Chicago, West Virginia, Michigan, Maryland, New published in the F ederal R egister. One 111., to Americus, Ga., for 180 days. York, Pennsylvania, North Carolina, Vir­ copy of such protest must be served on Supporting shipper: Walter Sawicki, ginia, Wisconsin, Oklahoma, Texas, Ver­ the applicant, or its authorized repre­ Traffic Manager, Prestile Manufacturing mont, Delaware, New Jersey, and Minne­ sentative, if any, and the protests must Co., 5850 West Ogden, Chicago, HI., sota, for 180 days. Supporting shipper: certify that such service has been made. 60650. Send protests to: Wayne L, Howe Engineering Co., Inc., 5800 Massa­ Hie protest must be specific as to the Merilatt, District Supervisor, Bureau of chusetts Avenue, Indianapolis, Ind. 46218. service which such protestant can and Operations, Interstate Commerce Com­ Send prqtests to: District Supervisor, will offer, and must consist of a signed mission, 426 Post Office Building, Louis­ R. M. Hagarty, Bureau of Operations, original and six copies. ville, Ky. 40202. Interstate Commerce Commission, 802 A copy of the application is on file, No. MC 119777 (Sub-No. 83 TA), filed Century Building, 36 South Pennsylvania and can be examined at the Office of the September 8, 1967. Applicant: LIGON Street, Indianapolis, Ind. 46204. SPECIALIZED HAULER, INC., Box 1, Secretary, Interstate Commerce Com­ Motor Carrier of Passengers mission, Washington, D.C., and also in Madisonville, Ky. 42431. Applicant’s rep­ the field office to which protests are to be resentative: Louis J. Amato, Central Jo. MC 129375 (Sub-No. 1 TA), filed transmitted. Building, 1033 State Street, Bowling itember 7, 1967. Applicant: METRO- Green, Ky. 42101. Authority sought to LITAN TRANSIT CORPORATION, M otor Carriers op P roperty operate as a common carrier, by motor !0 Ninth Avenue, Seattle, Wash. 98101. No. MC 59640 (Sub-No. 7 TA), filed vehicle, over irregular routes, transport­ plicant’s representative: Gregory M. September 8, 1967. Applicant: PAULS ing: Clay products and jointing com­ tunan, Suite 1230, Boatmen’s Bans TRUCKING CORPORATION, 833 Flora pounds, from Cannelton, Ind., and tiding, St. Louis, Mo. 63102. Authority Street, Elizabeth, N.J. 07201. Applicant’s Owensboro, Ky., to points in Alabama, ght to operate as a common carrier, oy representative: Charles J. Williams, 47 Arkansas, Florida, Georgia, Hlinois, In­ tor vehicle over regular routes, trans­ Lincoln Park, Newark, N.J. 07102. Au­ diana, Iowa, Kansas, Kentucky, Louisi­ iting: Passengers, baggage, express, thority sought to operate as a contract ana, Michigan, Minnesota, Mississippi, i newspapers when carried in the sam carrier, by motor vehicle, over irregular Missouri, Nebraska, North Carolina, deles with passengers, (1) between routes, transporting: Sugar, in bags, in Ohio, Oklahoma, South Carolina, South ittle and Auburn, Wash. : From Seattle shipper-furnished trailers, for the ac­ Dakota, Tennessee, Texas, Virginia, and ir U.S. Highway 99 to junction Wasn- count of Czamikow-Rionda Sugars Co., Wisconsin, and rejected and damaged ton Highway 147, thence over Wasn- Inc., from Newark, N.J., to points in Al­ shipments on return, for 180 days. Sup­ ton Highway 147 to Auburn, an bany, Saratoga, and Rensselaer Counties, porting shipper: Arthur J. Clemens, Vice urn over the same route, serving

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13309 intermediate points; (2) between Seattle the applicant, or its authorized repre­ bags, for the account of Hercules, Inc., and Everett, Wash., (a) over U.S. High­ sentative, if any, and the protests must from Louisiana, Mo., to Burlington and way 99, serving all intermediate points certify that such service has been made. Camden, N.J., for 150 days. Supporting and (b) from Seattle over Washington The protest must be specific as to the shipper: Hercules, Inc., Wilmington, Del. Highway 522 to junction Washington service which such protestant can and 19899; D. B. Moore, Manager, Truck Highway 527, thence over Washington will offer, and must consist of a signed Division, Traffic Department. Send pro­ Highway 527 to Everett and return over original and six copies. tests to: Paul J. Lowry, District Super­ the same routes, serving all intermediate/ A copy of the application is on file, and visor, Bureau of Operations, Interstate points; (3) between Seattle and Tacoma, can be examined at the Office of the Sec­ Commerce Commission, 206 Old Post Wash.; over U.S. Highway 99, serving all retary, Interstate Commerce Commis­ Office Building, Salisbury, Md. 21801. intermediate points; (4) between Seattle sion, Washington, D.C.» and also in the No. MC 117303 (Sub-No. 6 TA), filed and Redmond, Wash.; from Seattle over field office to which protests are to be September 11,1967. Applicant: HUDSON U.S. Highway 10 to junction Washington transmitted. VALLEY CEMENT LINES, INC., Post Highway 901, thence over Washington M otor Carriers of P roperty Office Box 23, Claverrack, N.Y. 12513. Highway 901 via Bellevue and Kirkland Applicant’s representative: Martin Wer­ to Redmond, and return over the same ko. MC 21230 (Sub-No. 4 TA) (Cor­ ner, 2 West 45th Street, New York, N.Y. route, serving all intermediate points; rection) , filed August 25, 1967, published 10036. Authority sought to operate as a (5) between Seattle, Richmond Beach, in F ederal R egister issue of September *common carrier, by motor vehicle, over and Edmonds, Wash.; from Seattle over 2, 1967, and republished as corrected, irregular routes, transporting: Cement, U.S. Highway 99 as described in (2) this issue. Applicant: ANTHONY in bulk, from town of Greenport, Colum­ above to junction unnumbered highway, CHARLES MORIELLO, doing business bia County, N.Y., to Plainville, Conn., for thence west over unnumbered highway to as MIDDLEHOPE COLD STORAGE, 120 days. Supporting shipper: Universal Richmond Beach, and return to junction Post Office Box 503, Newburgh, N.Y. Atlas Cement Division, United States U.S. Highway 99, thence continue over 12550. Applicant’s representative: Steel Corp., Greenport, N.Y., and Pitts­ U.S. Highway 99 to junction Washing­ Charles H. Tray ford, 137 East 36th burgh, Pa. Send protests to: Jack G. ton Highway 104, thence over Washing­ Street, New York, N.Y. 10016. Authority Takakjian, District Supervisor, Inter­ ton Highway 104 to Edmonds, and return sought to operate as a common carrier, state Commerce Commission, 518 Fed­ over the same routes, serving all inter­ by motor vehicle, over irregular routes, eral Building, Albany, N.Y. 12207. mediate points; (6) between Seattle and transporting: Fruit concentrates, fruit No. MC 118535 (Sub-No. 33 TA), filed Des Moines, Wash., over Washington juice concentrates, fruit essence, and September 7, 1967. Applicant: JIM Highway 509, serving all intermediate commodities otherwise exempt from eco­ TIONA, JR., 803 West Ohio Street, Post points; (7) between Seattle and North nomic regulation when moving with the Office Box 127, Butler, Md. 64730. Appli­ Bend, Wash., over U.S. Highway 10, serv­ above commodities, between Marlboro, cant’s representative: Carll V. Kret- ing all intermediate points; and (8) be­ N.Y., and Middle Hope, N.Y., on the one singer, 450 Professional Building, Kansas tween Seattle and Renton, Wash., over hand, and, on the other, Kearny, N.J., City, Mo. 64106. Authority sought to op­ Washington Highway 167, serving all in­ for 180 days. N ote : The purpose of this erate as a common carrier, by motor ve­ termediate points, for 180 days. Support­ republication is to include “fruit ing shippers: Bellevue, Wash., Chamber hicle, over irregular routes, transport­ essence” in the commodity description, ing: Dry fertilizer, in bags and in bulk, of Commerce (H. C. Maynard, Manager) which was inadvertently omitted from 550 106th Avenue NE., Bellevue, Wash., and liquid fertilizer solutions, from ports the previous publication. Supporting of entry on the international boundary 98004;- Renton Chamber of Commerce shipper: H. Kohnstamm & Co., Inc., 161 (K. P. Johnson, Manager) 300 Rainier line between the Province of Manitoba, Avenue of the Americas, New York, N.Y. Canada, arid the United States, located Avenue North, Renton, Wash. 98055; 10013. Send protests to: Charles F. Bremerton-Tacoma Stages, Inc., 1936 in North Dakota and Minnesota, to Jacobs, District Supervisor, Interstate points in North Dakota, South Dakota, Westlake Avenue, Seattle, W&sh. 98101; Commerce Commission, Bureau of Oper­ Northern Pacific Transport Co., 2250 Minnesota, and Iowa, for 150 days. Sup­ ations, 215-217 Post Office Building, porting shipper: Simplot Chemical Co., Occidental Avenue, Seattle, Wash. 98134. Binghamton, N.Y. 13902. Send protests to: E. J. Casey, District Su­ Ltd., Post Office Box 940, Brandon, Mani­ pervisor, Bureau of Operations, Interstate No. MC 111434 (Sub-No. 69 TA), filed toba, Canada. Send protests to: John V. Commerce Commission, 6130 Arcade September 11, 1967. Applicant: DON Barry, District Supervisor, Interstate Building, Seattle, Wash. 98101. WARD, INC., 241 West 56th Avenue, Commerce Commission, Bureau of Op­ Office: Post Office Box 1488, Durango, erations, 1100 Federal Office Building, By the Commission. Colo. 81301, Denver, Colo. 80216. Appli­ 911 Walnut Street, Kansas City, Mo. ^SEAL] H. N eil G arson, cant’s representative: Peter J. Crouse, 64106. Secretary: __ 1700 Western Federal Building, Denver, No. MC 123890 (Sub-No. 1 TA), filed Colo. 80202. Authority sought to operate September 11, 1967. Applicant: BEKINS [F.R. Doc. 67-11029; Ftled, Sept. 19, 1967; as a common carrier, by motor vehicle, 8:48 a.m.] VAN & STORAGE CO., INC., 5301 over irregular routes, transporting: Menaul Boulevard NE., Post Office Box Cement, in bulk, from Laramie, Wyo., to [Notice 453] 3248, Albuquerque, N. Mex. 87110. Ap­ points in Powder River County, Mont., plicant’s representative: Jackson W. motor c a r r ier t e m p o r a r y for 150 days. Supporting shipper: Mon­ Kendall, Bekins Van & Storage Co., 1335 AUTHORITY APPLICATIONS olith Portland Midwest Co., 410 Ameri­ South Figueroa Street, Los Angeles, can National Bank Building, 818 17th Calif. 90015. Authority sought to oper­ S eptember 14, 1967. Street, Denver, Colo. 80202. Send pro­ ate as a common carrier, by motor ve­ following are notices of filing of tests to: Charles W. Buckner, District hicle, over irregular routes, transport­ PPiications for temporary authority un- "¡Supervisor, Interstate Commerce Com­ ing: Household goods as defined by the r section 210a(a) of the Interstate mission, Bureau of Operations, 2022 Fed­ Commission in Ex Parte MC-19 (17 ommerce Act provided for under the eral Building, 1961 Stout Street, Denver, M.C.C. 467) as amended, between points Tw™res of Ex Parte No. MC 67 (49 CFR Colo. 80202. in New Mexico, restricted to shipments rt 340) published in the F ederal R eg- No. MC 113024 (Sub-No. 64 TA), filed having a prior or subsequent out-of- T,?w\isfue of AprU 21 > 1965, effective September 11,1967. Applicant: ARLING­ state movement, for 180 days. Support­ nmLv J965, T*iese rules provide that TON J. WILLIAMS, INC., Rural Delivery ing shippers: Bekins Household Shipping ¡¡525* the granting of an application No. 2, South Du Pont Highway, Smyrna, Co., 820 East D Street, Wilmington, in ^ the field official named Del. 19977. Applicant’s representative: Calif.; Richardson Transfer & Storage wiihilfiB :DERAL R egister publication, Samuel W. Earnshaw, 833 Washington Co., 1140 South Santa Fe Avenue, Comp­ nniiiP * ?,alendar days after the date of Building, Washington, D.C. 20005. Au­ ton, Calif.; Bekins Van Lines Co. (Inter­ tmhiicv.0 j of the application is thority sought to operate as a contract national) 220 East D Street, Wilmington, conv k* ^ e F ederal R egister. One carrier, by motor vehicle, over irregular Calif.; Bekins Van Lines Co., 1335 South °f such protest must be served on routes, transporting: Sodium formate, in Figueroa Street, Los Angeles, Calif. 90015.

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 13310 NOTICES Send protests to: District Supervisor, Federal Building, 131 East Fourth, A copy of the application is on file, Jerry R. Murphy, Interstate Commerce Davenport, Iowa 52801. and can be examined at the Office of the Commission, Bureau of Operations, 109 No. MC 129380 TA, filed September 7, Secretary, Interstate Commerce Com­ Federal Building, 421 Gold Avenue SW., 1967. Applicant: KINSEY MOVING AND mission, Washington, D.C., and also in Albuquerque, N. Mex. 87101. STORAGE CO., INC., 681 Whitehall the field office to which protests are to be No. MC 124983 (Sub-No. 9 TA), filed Street SW., Atlanta, Ga. 30310. Author­ transmitted. September 11, 1967. Applicant: CLAR­ ity sought to operate as a common car­ Motor Carriers of Property ENCE NEWLUN, doing business as rier, by motor vehicle, over irregular NEWLUN TRANSPORT SERVICE, 119 routes, transporting: Household goods, No. MC 52579 (Sub-No. 84 TA), filed Lincoln Street, North Pekin, 111. 61554. as defined by the Commission, between September 11, 1967. Applicant: GIL­ Applicant’s representative: Donald S. points in Fulton County, Ga., and points BERT CARRIER CORP., 1 Gilbert Drive, Manion, 53 West Jackson Boulevard, in De Kalb, Gwinnett, Barrow, Forsyth, Secaucus, N.J. 07094. Applicant’s repre­ Chicago, 111. 60604. Authority sought to Cherokee, Dawson, Pickens, Bartow, sentative: Aaron Hoffman (same address operate as a contract carrier, by motor Paulding, Cobb, Polk, Carroll, Heard, as above). Authority sought to operate vehicle, over irregular routes, transport­ Coweta, Fayette, Henry, Meriwether, as a common carrier, by motor vehicle, ing: Dairy products, other than those in in De Kalb, Gwinnett, Barrow, Forsyth, over irregular routes, transporting:; bulk, from Pekin, 111., to points in Mis­ Troup, Pike, Upson, Lamar, Monroe, Wearing apparel, loose on hangers, from souri, for 150 days. Supporting shipper:* Jackson, Jasper, Newton, Rockdale, Mor­ Troy, N.Y., to Secaucus, N.J., with au­ The Borden Co., 231 Elizabeth Street, gan, Walton, Putnam, Greene, Oconee, thority to tack at Secaucus, N.J., to Pekin, 111. 61555. Send protests to: Dis­ Gilmer, Lumpkin, Hall, Gordon, Haral­ points authorized in MC-52579 (Sub-49), trict Supervisor, Raymond E. Mauk, son, Floyd, Whitfield, and Clarke Coun­ for 150 days. Supporting shipper: Tiny- Room 1086, U.S. Courthouse and Federal ties, Ga., (1) restricted to shipments Town Togs, Inc., 2 River Street, Troy, Office Building, Interstate Commerce having a prior or subsequent move­ N.Y. Send protests to: District Super­ Commission, Bureau of Operations, Chi­ ment in containers beyond said coun­ visor, Walter J. Grossmann, Interstate cago, 111. 60604. ties, and (2) to pickup and delivery Commerce Commission, 1060 Broad No. MC 126822 (Sub-No. 18 TA), filed service incidental to and in connec­ Street, Room 363, Newark, N J. 07102. September 7, 1967. Applicant: PASSAIC. tion with packing, crating, and con­ No. MC 80428 (Sub-No. 64 TA), filed GRAIN AND WHOLESALE COMPANY, tainerization, or unpacking, uncrat­ September 12, 1967. Applicant: MC­ INC., Post Office Box 23, Passaic, Mo. ing, and decontainerization of such ship­ BRIDE TRANSFORATION, INC., Main 64777. Applicant’s representative: Carll ments, for 180 days. Supporting shippers: and Nelson Streets, Goshen, N.Y. 10924. V. Kretsinger, 450 Professional Building, DeWitt Freight Forwarding, 6060 North Applicant’s representative: Robert V. Kansas City, Mo. 64106. Authority sought Figueroa Street, Los Angeles, Calif. 90042, Gianniny, 900 Midtown Tower, Roch­ to operate as a common carrier, by motor Mollerup Freight Forwarding Co., 2900 ester, N.Y. 14604. Authority sought to vehicle, over irregular routes, transport­ South Main Street, Salt Lake City, Utah, operate as a common carrier, by motor ing: Animal hides and pelts, from Bir­ Martin Van Lines, 17720 15th NE., vehicle, over irregular routes, -transport­ mingham, Ala.; Atlanta, Augusta, Macon, Seattle, Wash. 98155, Trans Ocean Van ing: Animal and poultry feed, in bulk, and Waycross, Ga.; Chicago, Hampshire, Service, Post Office Box 7331, Long Beach, from Chatham, N.Y., to the following and Springfield, 111.; Evansville, Frank­ Calif. Send protests to: William L. points in Massachusetts: Westfield, fort, Fort Wayne, and Indianapolis, Ind.; Scroggs, District "Supervisor, Interstate Greenfield, Deerfield, Amherst, North­ Cedar Rapids, Iowa; Louisville, Ky.; Commerce Commission, Bureau of Oper­ ampton, Southampton, Easthampton, Cumberland, Md.; Grand Rapids and ations, Room 309, 1252 West Peachtree Hadley, Great Barrington, Adams, Plainwell, Mich.; New Brighton, Minn.; Street NW., Atlanta, Ga. 30309. Lanesboro, Cheshire, Egremont, and Sheffield. From Chatham, N.Y., to the Paris and St. Louis, Mo.; Goldsboro, N.C.; By the Commission. Cincinnati, Columbus, Sharonville, and following points in Connecticut: Salis­ Wapakonetta, Ohio; Columbia and [seal] H. N eil Garson, bury, Sharon, Canaan, North Canaan, Marion, S.C.; Knoxville, Memphis, and Secretary. East Windsor, South Windsor, East Hart­ Nashville, Tenn.; Bristol, Roanoke, and [F.R. Roc. 67-11030; Filed, Sept. 19, 1967; ford, Glastonbury, Litchfield, Morris, Stuarts Draft, Va.; Princeton and Sis- 8:48 a.m.] Torrington, Watertown, Goshen, New tersville, W. Va.; and Green Bay, Wis.; Milford, and Kent. From Chatham, N.Y., to Woburn and Peabody, Mass., for 150 to Bennington, Vt., for 150 days. Sup­ days. Supporting shipper: Braude [Notice 454] porting shipper: H. K. Webster Stores of New York, Inc., Chatham, N.Y. 12037. Brothers Tanning Corp., 226 Salem MOTOR CARRIER TEMPORARY Street, Woburn, Mass. 01801. Send pro­ Send protests to: Charles F. Jacobs, Dis­ tests to: John V. Barry, District Super­ AUTHORITY APPLICATIONS trict Supervisor, Interstate Commerce visor, Interstate Commerce Commission, S eptember 15,1967. Commission, Bureau of Operations, 215- 217 Post Office Building, Binghamton, Bureau of Operations, 1100 Federal Office The following are notices of filing of Building, 911 Walnut Street, Kansas tf.Y. 13902. applications for temporary authority un­ No. MC 109689 (Sub-No. 183 TA), filed City, Mo. 64106. der section 210a(a) of the Interstate No. MC 128016 (Sub-No. 3 TA), filed September 11, 1967. Applicant: W. S. Commerce Act provided for under the HATCH CO., 643 South 800 West Street, September 8, 1967. Applicant: BRUCE new rules of Ex Parte No. MC 67 (49 G. BESH, doing business as BRUCE G. iVood Cross, Utah 84087, Post Office Box CFR Part 340) published in the F ederal L825, Salt Lake City, Utah 84110. Au­ BESH TRUCKING, Rural Route No. 3, R egister, issue of April 27, 1965, effec­ Cedar Falls, Iowa. 50613. Applicant’s thority sought to operate as a common tive July 1,1965. These rules provide that carrier, by motor vehicle, over irregular representative: William A. Landau, protests to the granting of an applica­ 1307 East Walnut Street, Des Moines, •outes, transporting: Gilsabind products, tion must be filed with the field official n bulk, from Gilsonite (Fruita), Colo., Iowa 50306. Authority sought to operate named in the F ederal R egister publica­ as a contract carrier, by motor vehicle, to points in Washington and Cre®» ’ tion, within 15 calendar days after the :or 180 days. Supporting shipper: Giisa- over irregular routes, transporting: Used date of notice of the filing of the appli­ auto parts, in same condition as when lind Corp., The 12631 East topenaj cation is published in the F ederal R eg­ Highway, Santa Fe Springs, Calif, . SJJJ removed from old or wrecked automo­ ister. One copy of such protest must be biles, from Waterloo, Iowa, to Jasper and protests to: John T. Vaughan, las served on the applicant, or its authorized Supervisor, Bureau of Operations, hi Terre Haute, Ind., Chicago, 111., and Kan­ representative, if any, and the protests sasCity and St. Louis, Mo., for 180 days. state Commerce Commission, 2224 r eu must certify that such service has been ;ral Building, Salt Lake City, Supporting shipper: Empire Engines, made. The protest must be specific as to Inc., 600 Transit Street, Waterloo, Iowa 50701. Send protests to: Chas. C. Biggers, the service which such protestant can }4Na MC 119774 (Sub-No. 9 TA ), filed District Supervisor, Interstate Commerce and will offer, and must consist of a September 12, 1967. AppUcant^M^* Commission, Bureau of Operations, 332 signed original and six copies. ELLEN STIDHAM, N. M. STIDHAM,

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 NOTICES 13311

A. E. MANKINS (INEZ MANKINS, noma, and Contra Costa Counties, Calif., INC., 1315 Columbia Avenue, Moses Lake, Executrix), AND JAMES E. MANKINS for 180 days. Supporting shippers: Rich­ Wash. 98837. Applicant’s representative: SR., doing business as EAGLE TRUCK­ ardson Transfer & Storage Co., Inc., 246 George Kargianis, 609-11 Norton Build­ ING COMPANY, Post Office Box 471, North Fifth Street, Salina, Kans. 67401, ing, Seattle, Wash. 98104. Authority Kilgore, Tex. 75662. Applicant’s repre­ Trans Ocean Van Service, 3625 Industry sought to operate as a common carrier, sentative: James E. Mankins (same ad­ Avenue, Lakewood, Calif. Send protests by motor vehicle, over regular routes, dress as above). Authority sought to op­ to: District Supervisor, William E. Mur­ transporting: Passengers and their bag­ erate as a common carrier, by motor phy, 450 Golden Gate Avenue, Box 36004, gage, express freight, U.S. mail, and vehicle, over irregular routes, transport­ San Francisco, Calif. 94102. newspapers, (1) between Soap Lake and ing: Paper mill rolls, from Ruston, La., No. MC 128473 (Sub-No. 6 TA), filed Pasco, Wash.: From Soap Lake over to points in Arkansas, Texas, Mississippi, September 12, 1967. Applicant: MON­ Washington Highway 28 to Ephrata, Alabama, and Oklahoma. Note: Rolls TANA EXPRESS, INC., 207 Behner Wash., thence over Washington High­ weigh from 15,000 to 65,000 lbs. each, Building, 2822 Third Avenue North, Bil­ way 282 to junction Washington High­ for 180 days. Applicant does not intend lings, Mont. 59101. Applicant’s repre­ way 17, thence over Washington Highway to tack with existing authority. Support­ sentative: Joseph F. Meglen (same ad­ 17 to junction U.S. Highway 395, thence ing shipper: Stowe-Woodward Co., Di­ dress as above). Authority sought to op­ over U.S. Highway 395 to Pasco, and re­ vision of SW Industries, Inc., Ruston, erate as a common carrier, by motor ve­ turn over the same route, serving all in­ La. 71270. Send protests to: E. K. Willis, hicle, over irregular routes, transporting: termediate points; (2) between junction Jr., District Supervisor, Interstate Com­ meat and packinghouse products, from Washington Highway 17 and junction merce Commission, 513 Thomas Build­ Williston, N. Dak., to points in Califor­ unnumbered highway, over unnumbered ing, 1314 Wood Street, Dallas, Tex. 75202. nia, Oregon, Washington, Wisconsin, highway to Warden, Wash., and return No. MC 119880 (Sub-No. 22 TA), filed and Illinois., for 180 days. Supporting over the same route, serving all inter­ September 12, 1967. Applicant: DRUM shipper: Paul R. Held, President, Willis­ mediate points; (3) between junction TRANSPORT, INC., Box 2056. Office: 616 ton Packing Co., Williston, N. Dak. 58801. Washington Highway 17 and junction Chicago Street, East Peoria, HI. 61611. Send protests to: Paul J. Labane, District Washington Highway 260, over Wash­ Applicant’s representative: B. N. Drum Supervisor, Interstate Commerce Com­ ington Highway 260 to Connell, Wash., (same address as above). Authority mission, 251 U.S. Post Office Building, and return over the same route, serving sought to operate as a common carrier, Billings, Mont. 59101. all intermediate points; (4) between by motor vehicle, over irregular routes, No. MC 129381 (Sub-No. 1 TA) , filed junction Washington Highway 17 and transporting: Alcoholic liquors, in bulk, September 11, 1967. Applicant: GASO­ Washington Highway 26 (at or near in tank vehicles, from ports of entry on LINE TANK SERVICE CO., INC., 1430 Othello, Wash.) and Vantage, Wash., the boundary line between the United 130th NE., Bellevue, Wa§h. 98004, Post over Washington Highway 26 and return States-Canada at or near Detroit and Office Box 96. Applicant’s'representative: over the same route, serving all inter­ Port Huron, Mich., to San Francisco, Jack R. Davis, 1100 IBM Building, Se­ mediate points and (5) between Vantage, Calif., for 180 days. Supporting shipper: attle, Wash. 98101. Authority sought to Wash., and Priest Rapids Dam Site, Hiram Walker & Sons, Inc., Peoria, 111. operate as a contract carrier, by motor Wash., over Washington Highway 243, 61601. Send protests to: District Super­ vehicle, over irregular routes, transport­ and return over the same route serv­ visor, Raymond E. Mauk, Interstate ing: Bulk liquid petroleum products and ing all intermediate points, for 150 days. Commerce Commission, Bureau of Oper­ hulk liquid commodities (except milk and N ote: Applicant states that it intends to ations, U.S. Courthouse and Federal Of­ cream and those requiring temperature interline with the Greyhound Lines, Inc., fice Building, Room 1086, 219 South control) and local cartage, between Se­ at Pasco, Ephrata, and Moses Lake, Dearborn Street, Chicago, 111. 60604. attle, Tacoma, Spokane, Aberdeen, Bel­ Wash. Supporting shippers: There are No. MC 126650 (Sub-No. 3 TA), filed lingham, Bremerton, Everett, Hoquiam, 14 supporting statements attached to ap­ September 11,1967. Applicant: JOHN E. Longview, Olympia, Port Angeles, Puyal­ plication, which may be examined at the DITTMAN, doing business as DITTMAN lup, Renton, Vancouver, Walla Walla, Interstate Commerce Commission, in VAN & STORAGE CO., 1132 Broadway, Wenatchee, Yakima, Pasco, Kennewick, Washington, D.C., or at the field office Vallejo, Calif. 94590. Applicant’s repre­ and Pullman, Wash., for 150 days. Sup­ named below. Send protests to: L. C. sentative: Marvin Handler, 405 Mont­ porting shipper: Union Oil Co. of Cali­ Taylor, District Supervisor, Bureau of gomery Street, San Francisco, Calif. fornia, 2901 Western Avenue, Seattle, Operations, Interstate Commerce Com­ 94104. Authority sought to operate as a Wash. 98111. Send protests to: E. J. mission, 481 U.S. Post Office, Spokane, common carrier, by motor vehicle, over Casey, District Supervisor, Bureau of irregular routes, transporting: Used Operations, Interstate Commerce Com­ Wash. 99201. Note: The purpose of this household goods, as defined by the Com­ mission, 6130 Arcade Building, Seattle, republication is to show that applicant mission in 17 M.C.C. 467, between points Wash. 98101. intends to serve all intermediate points m Santa Clara and San Joaquin Coun­ on all rbutes. ties, Calif., and between points in said Motor Carrier of P assengers By the Commission. counties on the one hand, and, on the No. MC 128794 (Sub-No. 2 TA) »/r j hand’ P ^ ts in Colusa, Marin, (Amendment), filed July 24, 1967, pub­ [seal] H. N eil Garson, Mendocino, Alameda, San Francisco, lished F ederal R egister, issue of August Secretary. v ano, Napa, Sacramento, Placer, Yolo, 4,1967, and republished as amended this [F.R. Doc. 67-11031; Filed, Sept. 19, 1967; xuoa, Sutter, Nevada, Butte, Lake, So­ issue. Applicant: SOUTH BASIN LINES, 8:48 a jn .]

FEDERAL REGISTER, VOL. 32, NO. 182— WEDNESDAY, SEPTEMBER 20, 1967 No. 18; 9 13312 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— SEPTEMBER

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 September.

3 CFR pase 8 CFR page 15 CFR—Continued ^ Proclamation: Proposed Rules: Proposed Rules: 3803______12663 252 _ 12920 70------—------13077 Executive Orders: 9 CFR 1 6 CFR July 2, 1910 (revoked in part o 19070 by PLO 4267)______13072 78______13050 Sept. 14,1910 (revoked in part 201 _ __ 12667, 13254 13______- __ - 12713, 12844, 13124 by PLO 4267)______13072 301-329______13115 15______12750, 12941 Sept. 21,1916 (revoked in part 340______• _____ 13115 38______12999 by PLO 4267)______13072 355 ______13115 Proposed Rules: 8652 (revoked in part by PLO 380 ______12115 153-______—-U - -____ 12759 4266) 12950 381 ______13115 415 I , ...... 12954 11370 ______12665 Proposed Rules: 11371 . 12903 316 ______12953 18 CFR 11372 .... 13251 317______12953 P r o p o s e d R u l e s : 328 ______12953 154 ___— ______13077 5 CFR 213 _ _ 12831, 12937, 13045 12 CFR 19 CFR 630 12937 1______12850, 12938 1 . 12999 733 ___ 12937 545 ______12913 4 _ _ 12750, 13186 870 _ _ .... 12937 604 ______12710 1 6 13276 Proposed Rules: 605 ______13051 P r o p o s e d R u l e s : 800 . 12725 Proposed Rules: 1 3 _ 12690 891 _ 12727 215______12758 563 _ 12922 21 CFR 7 CFR 1 ' ...... 13276 27______12831 13 CFR 2 12714. 13186 201 ______12778 107 12842 9 ' _ 12714 220 . - 13215 119______12788 8 ._ 12715. 12943 20 — ___- _____ ¡ 2 1 — ____ 12750 310 12832. 13215 P r o p o s e d R u l e s : 1 2 0 ______12715, 401______12989 121______13295 411 12989, 13215 12716, 12751, 12913, 12943, 12999, 724______12905 13124, 13278. 725 13113 14 CFR 121 „ — ______12716, 720 12990, 13215 21______13255 12717, 12751, 12844, 12943, 13124 755 12938 96 / _ 13255 141a— — ______- ______12717 «93 13216 97 13255 1 4 1 C - ______12717 QQO 12992 39 .... 12668, 146b______l312jj 905 ______12907, 13179 12711, 12746, 12788, 12909-12911, ______J2717 906 12992. 12993, 13113 13115, 13182, 13183, 13268, 13269 148j______12717 908 12709 12908 12909 13179 71 12668. 14&I— - ______- ______i3272 Q10 12709 12712, 12789, 12790, 12833, 12912, 1 4 8 0 --____ - ____ - ______127 12743,12909,12938,13180,13217 12913, 12995-13997, 13116-13119, 148r ______l2717 015 12832 13180 13181 13218-13220, 13269, 13270, 13272 - ____- 12717 921______13181 73 12712, 12833, 13119 P r o p o s e d R u l e s : 926 ______12709,13045 75 ...... 12913 8 _ 12756,13008 927 12743, 13181 77______12997 929______- 13253 93______- ______12747 19------„ 12723 944 ~ 12938, 12993 95 12747 97 12669, 12834. 13120 948______12939 22 CFR 958______12743 121______13255 967______13253 202 13183 601______. . — — ------— - 12944 981______12787,13114 203 .... 13184 987______12832 370 _ _ _ 13052 23 CFR Q8Q 12710 385 13272 209 ...... 130M 1004 ______12787 400______12839 1008 ______12994 1221______12997 24 CFR 1050 - - 12940 P r o p o s e d R u l e s : 1099 12744 221------______12,18 39______12920, 12921 1133______12940 71 ' 12690. 1421______12744, 12745, 13046 12724,12922, 13006-13008,13079, ? ? CFR P r o p o s e d R u l e s : 13140, 13141, 13197, 13293, 13294 26______12755 91______12724 1 2 1 ______12922 2 6 C F R _ 13221 51 _ ___ 12799, 12953, 13077, 13196 0 0 9 1 8 1 4 1 52______13289 908 13009 ' 53______13230 P r o p o s e d R u l e s : i3288 906 12802 15 CFR 925 ______13292 230______13057,13058 932 12854, 13292 373 _ 12941 28 CFR _ 13217 989______13292 903______13184 FEDERAL REGISTER 13313 Page 29 CFR 39 CFR—Continued Page 47 CFR Page 526------12675 747______12947 0 ------12795,13125 821 ______13129 2__------12795, 12915 30 CFR 822 ______13129 21------i.______13281 229______12941 73------12795,12797 41 CFR 89------12915 31 CFR 5B—2______12720 91------12915 97------12682 317______12914 5B-16______12720 roposed ules 321______12914 8- 6______12792 P R : 9- 4------13131 2 ------13143 32 CFR 9-16------13131 11-1------13133* 13135 73 ------12954, 13232, 13294 82______12845 11-2------13135 74 ------13010 168..----- 12718 11-3------13135 81------13294 169a______12675 11-4------13133,13135 83---- 13294 583______13279 11-7______13135 85------13294 710.._____ 12790 11-10------i ______13135 89------13143,13145 806______13000 11-12------13135 91------13143 872______13000 11-16------: ______13135 93------13143 882______13125 1 1 -5 0 ...______13136 888_____ 13125 49 CFR 888b______13065 11-75______13136 920______13000 101-26______12850 12919 1450______13187 101-27__ :______12721 101 _____ ... 12752 1711______12845 no______13136 43 CFR 180______12851 33 CFR P ublic Land Orders: 277a ...... 13282 2 7 7 c ______19______12791 4265 ______12752 13283 600______117______. 12791, 12915, 13126— 13128 4266 ______12950 12689 203______12791 4267 ______13072 P roposed R ules 4268 ______13072* Ch. I______12853 36 CFR 4269 ______13072 274______------12853 7______13071,13129 4270 _____ 13192 276______12854, 13197 30______P roposed R ules: 505______12853 251 12945, 12946, 13190 1820______13196 540______13233 261 3120------13196 311 50 CFR 326______13280 45 CFR 502______10______12685, 12798, 13072, 13227 85------12851 32------12689, Proposed Rules: 801------13193 12721, 12722, 12754, 12851, 12852, 7 12919, 12951, 12952, 13002, 13004, 46 CFR 38 CFR 13005, 13073-13076, 13193-13195, 154------12793 13227, 13228, 13284-13287. 3____ 206------12951 380______12845 33------12919, 13229 39 CFR 531------12753 P roposed R ules: 135___ P roposed R ules: 32______12953 201. 401------12756,13079 33 ------12953

f\

PUBLIC PAPERS OF THE PRESIDENTS OF THE UNITED STATES

CONTENTS • Messages to the Congress • Public speeches and letters • The President’s news conferences PUBLIC PAPERS OF THE PRESIDENTS • Radio and television reports to OF THE UNITED STATES the American people Lyndon B. Johnson • Remarks to informal groups

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ORDER FROM Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402

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Volumes covering the administra­ tions of Presidents Truman, Eisen­ hower, Kennedy, and the first full Lyndon B. Johnson-19 6 5 year of President Johnson are available at comparable prices from the Superintendent of Docu­ Book I (January 1-May 31, 1965) pmce ment^, U.S. Government Printing Book II (June 1-December 31, 1965) $6-25 Office, Washington, D.C. 20402. ' EACH