Pages 551-586 REGISTER 1934 VOLUME 29 ^ ¿y NUMBER 16

Washington, Thursday, January 23, 1964

Contents

AGRICULTURAL MARKETING FEDERAL AVIATION AGENCY Notices SERVICE Rules and Regulations Hearings, etc.: Cleveland Broadcasting, Inc., Rules and Regulations Airworthiness directives: Aero Commander______;______558 and Community Telecasters Grapefruit grown in Florida; limi­ Piaggio^------558 of Cleveland, Inc____ ... ____ 581 tation of shipments. ______553, Sikorsky___-______:______558 K W EN Broadcasting Co., and Milk in eastern Colorado market­ Control zones, control area exten- 7 Woodland Broadcasting Co 581 ing area ; order suspending cer­ sions, and transition areas; W TIF, Inc., et al. (2 docu­ tain provision______553 Alterations, designations and ments) ______581, 582 Proposed Rule Making revocations (3 documents)___ 555, FEDERAL MARITIME Milk in Toledo, Ohio marketing 556 area; postponement of hearing Designations and revocation___ 557 COMMISSION Control zones and transition and supplemental notice of Notices hearing.;______s.______569 areas; alterations and revoca­ tions (2 documents)______556 Agreements filed for approval: AGRICULTURAL RESEARCH Federal airways; alteration______, 556 Oceanic Steamship Co., and Federal airway segment; revoca- American President Lines, SERVICE tion______557 Ltd______582 Rules and Regulations Reporting point; alteration of U.S. Atlantic and Gulf/Aus- amendment______557 tralia New Zealand Confer­ Scabies in sheep; interstate move­ Restricted area; alteration______558 ence and Pacific Coast Aus­ ment ______!______554 Transition area; designation.____ 557 tralasian Traffic Bureau_____ 583 AGRICULTURE DEPARTMENT Proposed Rule M aking FEDERAL POWER COMMISSION See Agricultural Marketing Serv­ Control zones and transition ice; Agricultural Research Serv­ areas: Notices ice. '¿il > Alteration (2 documents)____ 569,573 Hearings, etc.: / Alteration and designation_____ 571 East Tennessee Natural Gas Designation (2 documents) _____ 570 ALIEN PROPERTY OFFICE Co------583 Federal airway: Georgia Power C o.______583 Notices Alteration _____ x______— ____ 572 Reserve Oil and Gas Co., et al__ 583 Penny, A. G. W., et al.; vested Revocation______573 property, intention to return. _ 580 Jet route; revocation______575 National Capital Airports; mobile FOOD AND DRUG CIVIL AERONAUTICS BOARD lounge operations at Dulles In­ ADMINISTRATION ternational Airport and restric­ Notices tions on certain malfunctioning Rules and Regulations Hearings, etc.: aircraft______576 Food additives: Air freight forwarder authority Segment of Federal airway; rev­ Arsanilic acid, sodium arsanil- case.------581 ocation______573 ate ______559 British Eagle International Air­ Special VFR minimum weather Fumarie acid and salts of fu­ lines, Ltd______581 conditions in control zones; marie acid___ . . . ______559 Eastern North Carolina area withdrawal of notice of pro- Polysorbate 80; polysorbate 60 airline service airport investi­ posèd rule making______576 (polyoxethylene (20) sorbi- gation______.______581 Transition area: tan monostearate)______560 Frontier rate case______581 Alteration______574 Notices Designation (2 documents) __ 574,575 American Cyanamid Co., Agricul­ COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS tural Division; filing of petition See National Bureau of Standards. regarding pesticide chemical COMMISSION malathion______580 defense d ep a r t m en t Proposed Rule Making , Fla. area; availability of HEALTH, EDUCATION, AND Rules and Regulations certain frequencies for public WELFARE DEPARTMENT Contributions- for civil defense ship-shore use on a day only Personnel and administrative basis______578 See Food and Drug Administra­ expenses; miscellaneous amend­ Radio devices for eavesdropping tion. ments-_------560 purposes; prohibition______... 577 ( Continued on next page) 551 552 CONTENTS

INTERIOR DEPARTMENT , Rock Island and Pa­ Montana------580 cific Railroad— ______564 Nevada______;------580 See Land Management Bureau. Notices INTERNAL REVENUE SERVICE Fourth section applications for NATIONAL BUREAU OF relief______584 STANDARDS Proposed Rule Making Lyrla, Keith H.; statement of Income tax: changes in financial interests___ 585 Rules and Regulations Charitable contributions,.______566 Motor carrier transfer proceed­ Test fee schedules, heat; testing Disaster losses______567 ings______¡!______584 clinical thermometers------559

INTERSTATE COMMERCE JUSTICE DEPARTMENT POST OFFICE DEPARTMENT COMMISSION See Alien Property Officer. Rules and Regulations Rules and Regulations LAND MANAGEMENT BUREAU Miscellaneous amendments to Car service: chapter------561 Atchison, Topeka and Santa Pe Notices Railway Co______564 Proposed withdrawals and re­ TREASURY DEPARTMENT Chicago, Burlington & Quincy servations of lands: Railroad______I — 565 Idaho; partial termination------580 See Internal Revenue Service.

Codification Guide

The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected b y documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issiie 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, 1964, and specifies how they are affected.

7 CFR 26 CFR 49 CFR 95 (3 documents)______564,565 905______553 P r o p o s e d R u l e s : 1137______— ------553 .1.(2 documents) ______566,567

P r o p o s e d R u l e s : 1037______569 Latest Revision 1041______569 32 CFR 227— ______560 GUIDE TO 9 CFR RECORD RETENTION 74 ______554 39 CFR REQUIREMENTS 16______— ------561 14 CFR 2 1 _^ ______562 [Updated to January 1, 19631 71 [New] (10 documents)------555-557 22 ______562 73 [N ew ]______558 23 __ 563 Lists (1) published requirements (in laws 507 (3 documents)------.------558 24 ______563 and regulations) on the keeping of non* Federal records, (2) what records must be P r o p o s e d R u l e s : 25 ______- ______- ______563 kept and who must keep them, and (3) 71 [New] (11 documents)------569-575 27______563 retention periods. 75 [N e w ]— ______575 29______564 91 [N ew ]______576 33_____ £ ______— 564 Price: 15 cents 159 [N ew ]______576 Compiled by Office of the Federal Register, 47 CFR National Archives and Records Service, 15 CFR General Services Administration 203______^ 559 P r o p o s e d R u l e s : 2______— ______577 Order from Superintendent of Documents, 15— ______i______- 577 Government Printing Office, Washington 21 CFR 81______- ______578 D.C., 20402 121 (3 documents)______„ — 559, 560 83______— ______578

r m C D I l wMffl D E P I C T E D Published daily, except Sundays, Mondays, and days iollowing official Federal holidays, f r I l f n / l L i a ^ n C l J l ^ l E ll by the Office of the Federal Register, National Archives and Records Service, 'QaatiWo™ p ices Administration, pursuant to the authority contained in the Federal Register * Telephone WOr,h 3-3261 approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., ch. 8B), under regulaticm prescribed by the Administrative Committee of the Federal Register, approved by the President. Distribution is made only »y Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. movable in T h e Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15.00 per year, p y q advance. The charge for individual copies (minimum 15 cents) varies in proportion to the size of the issue. Remit checK or order, made payable to the Superintendent of Documents, Government Printing Office, Washington, D.C., 20402. The regulatory material appearing herein is keyed to the Code op Federal Regulations, which is published, under 50 “ ^ erin- suant to section 11 of the Federal Register Act, as amended August 5, 1953. The Code of Federal Regulations is sold by tne » “F tendent of Documents. Prices of books and pocket supplements vary. ations. There are no restrictions on the republication of material appearing in the Federal Register, or th e Code of Federal k e g u i. Rules and Regulations

mendation of the committee, and infor­ Chapter X— Agricultural Marketing Title 7— AGRICULTURE mation concerning such provisions and Service (Marketing Agreements and effective time has been disseminated Orders; Milk), Department of Agri­ C h a p te r IX— Agricultural Marketing among handlers of such grapefruit; it is Service (Marketing Agreements and necessary, in order to effectuate the de­ culture Orders; Fruits, Vegetables, Tree clared policy of the act, to make this [M ilk Order 137] Nuts), Department of Agriculture section effective during the period here­ inafter set forth so as to provide for the PART 1137— MILK IN THE EASTERN [G r a p e fr u it R eg. 34] continued regulation of the handling of COLORADO MARKETING AREA PART 905— ORANGES, GRAPEFRUIT, grapefruit, and compliance with this Order Suspending Certain Provision TANGERINES, A N D TANGELOS section will not require any special prep­ GROWN IN FLORIDA aration on the part of the persons sub­ Pursuant to the provisions of the Agri­ ject thereto which cannot be completed cultural Marketing Agreement Act of Limitation of Shipments by the effective time hereof. 1937, as amended (7 U.S.C. 601 et seq.), § 905.407 Grapefruit Regulation 34. (b) Order. (1) Terms used in theand of the order regulated the handling amended marketing agreement and or­ (a) Findings. Cl) Pursuant to the of milk in the Eastern Colorado mar­ der shall, when used herein, have the marketing agreement, as amended, and keting area (7 CFR Part 1137), it is same meaning as is given to the respec­ Order No. 905, as amended (7 CFR Part hereby found and determined that: tive term in said amended marketing 905), regulating the handling of oranges, (a) The following provision of the agreement and order ; and terms relating grapefruit, tangerines, and tángelos order no longer tends to effectuate the to grade, cjiameter, standard pack, and grown in Florida, effective under the ap­ declared policy of the Act for the months standard box, as used herein, shall plicable provisions of the Agricultural of January-and February 1964: § 1137.- have the same meaning as is given Marketing Agreement Act of 1937, as 44(c)(1). to the respective term in the United amended (7 U.S.C. 601-674), and upon (b) Notice of proposed rule making, States Standards for Florida Grapefruit the basis of the recommendations of the public procedure thereon, and 30 days (§§ 51.750-51.783 of this title). notice of the effective date hereof are committees established under the afore­ (2) Grapefruit Regulation 33 (§ 905.- said amended marketing agreement and impractical, unnecessary, and contrary 403 ; 29 F.R. 252) is hereby terminated at order, and upon other available informa­ to the public interest in that: 12:01 a.m., e.s.t., January 24, 1964. (1) This suspension order does not tion, it is hereby found and determined, (3) During the period beginning at in accordance with paragraph (5) of sec­ require of persons affected substantial or 12:01 a.m., e.s.t., January 24, 1964, and extensive preparation prior to the ef­ tion 602 of the act, that the continuation ending at 12:01 aon., e.s.t., February 10, of regulation of shipments of grapefruit, fective date. 1964, no handler shall ship between the (2) This suspension order is necessary as hereinafter provided, is necessary and production area and any point outside will tend to avoid a disruption of the to reflect current marketing conditions thereof in the continental , and to maintain orderly marketing con­ orderly marketing of the remainder of , or Mexico: the current crop of such grapefruit; and ditions in the marketing area. i i r Any grapefruit, except pink seed­ (3) This suspension will facilitate the such continuation of regulation will be less grapefruit, grown in the production in the public interest. efficient marketing of milk by removing area, which do not grade at least U.S. the requirement that skim milk and (2) It is hereby further found thatNo. 1 Russet; it is impracticable and contrary to the butterfat transferred or diverted to non­ (ii) Any pink seedless grapefruit, pool plants located 200 or more miles public interest to give preliminary notice, grown in the production area, which do engage in public rule-making procedure, from Denver, Colorado, be classified as not grade at least U.S. No. 2; and postpone the effective date of this Class I. The Eastern Colorado market (iii) Any seeded grapefruit, grown in will need to import milk during January section until 30 days after publication the production area* which are smaller thereof in the F e d e r a l R e g is t e r (5 U.S.C. and February 1964 and a receiving plant than 315/i6 inches in diameter, except 1001- 1011) because the time intervening located in Grand Island, Nebraska, has that a tolerance of 10 percent, by count, between the date when information upon milk available for shipment to the East­ of seeded grapefruit smaller than such which this section is based became avail­ ern Colorado area. The quantity of milk minimum size shall be permitted, which able and the time when this section must desired by the Eastern Colorado market tolerance shall be applied in accordance become effective in order to effectuate could qualify the Nebraska plant as a with the provisions for the application the declared policy of the act is insuffi­ supply pool plant under the Eastern of tolerances, specified in said United cient; a reasonable time is permitted, Colorado order at least during January States Standards for Florida Grape­ under the circumstances, for preparation and February 1964. The cooperative op­ fruit; or for such effective time; and good cause erating the Nebraska plant is reluctant (iv) Any seedless grapefruit, grown in exists for making the provisions hereof to release enough milk to regulate this the production area, which are smaller effective as hereinafter set forth. Ship­ plant under the Eastern Colorado order ments of all grapefruit, grown in the than 3%e inches in diameter, except that because this plant’s transfers to nonpool Production area, are presently subject to a tolerance of 10 percent, by count, of plants located more than 200 miles from regulation by grades and sizes, pursuant seedless grapefruit smaller than such Denver would then receive a Class I clas­ to the amended marketing agreement minimum size shall be permitted, which sification. This suspension action will and order; the recommendation and sup­ tolerance shall be applied in accordance promote more orderly marketing of milk porting information for regulation dur­ with the provisions for the application as the Nebraska cooperative has indi­ ing the period specified herein were of tolerances, specified in said United cated its willingness to ship milk to the promptly submitted to the Department States Standards for Florida Grapefruit. Eastern Colorado market if its transfers after an open meeting of the Growers (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. to nonpool plants located more than 200 Administrative Committee on January 601-674) miles from Denver are classified accord­ 21, 1964, such meeting was held to con­ Dated: January 22, 1964. ing to use at the transferee plant. sider recommendations for regulation, (4) This suspension was requested by after giving due notice of such meeting, P a u l A . N i c h o l s o n , a cooperative association representing and interested persons were afforded an Deputy Director, Fruit and Veg­ opportunity to submit their views at this etable Division, Agricultural more than two-thirds of the producers on meeting; the provisions of this section, .. Marketing Service. the market and by the cooperative op­ finding the effective time hereof, are [F.R. Doc. 64-722; Filed, Jan. 22, 1964; erating the Grand Island, Nebraska, sup­ identical with the aforesaid recom­ 11:24 a.m.] ply plant. 553 554 RULES AND REGULATIONS

Therefore, good cause exists for mak­ ( 6) The following Counties in Ne­ son, Lafayette, Moniteau, Osage, St. ing this order effective January 1, 1964. braska: Arthur, Banner, Blaine, Brown, Louis, and Saline; and all Counties in It is therefore ordered, That the afore­ Chase, Cherry, Cheyenne, Deuel, Dundy, the State of Missouri lying south thereof; said provision of the order is hereby sus­ Garden, Grant, Hooker, Keith, Keya (6) All Counties in Nebraska except pended for the period January 1, 1964, Paha, Kimball, Loup, Morrill, Perkins, Arthur, Banner, Blaine, Brown, Chase, through February 29, 1964. Rock, Scotts Bluff, Sheridan, and Cherry, Cheyenne, Deuel, Dundy, Gar­ (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Thomas; den, Grant, Hooker, Keith, Keya Paha, 601-674) (7) All Counties in New Mexico except Kimball, Loup, Morrill, Perkins, Rock, those portions of Lincoln County and Scotts Bluff, Sheridan, and Thomas; Effective date: January 1,1964. Socorro County lying within the area (7) The designated parts of the fol­ Signed at Washington, D.C., on Jan­ bounded by a line beginning at a point lowing Counties in New Mexico: Those uary 20, 1964. on U.S. Highway No. 54 where said portions of Lincoln County and Socorro G e o r g e L. M e h r e n , highway crosses the Lincoln-Torrance County lying within the area bounded by Assistant Secretary. County Line at the town of Corona, New a line beginning at a point on U.S. High­ Mexico; and thence, running in a west­ [F.R. Doc. 64-615; Filed, Jan. 22, 1964; way No. 54 where said highway crosses 8:47 a .m .] erly direction along the Lincoln-Tor­ the Lincoln-Torrance County Line at rance County Line and the Socorro- the town of Corona, New Mexico; and Torrance County Line to New Mexico thence, running in a westerly direction State Highway No. 10; thence, running along the Lincoln-Torrance County Line Title 9— ANIMALS AND in a southerly and southeasterly direc­ and the Socorro-Torrance County Line tion along New Mexico Highway No. 10 to New Mexico State Highway No. 10; ANIMAL PRODUCTS to its intersection with U.S. Highway No. thence, running in a southerly and south­ 54; thence, running in a southerly direc­ easterly direction along New Mexico Chapter I— A gricu ltu ral Research tion along U.S. Highway No. 54 to its State Highway No. 10 to its intersection Service, Department of Agriculture intersection with U.S. Highway No. 380 with U.S. Highway No. 54; thence, run­ at the town of Carrizozo, New Mexico; ning in a southerly direction along U.S. SUBCHAPTER C— INTERSTATE TRANSPORTATION thence, running in a southeasterly direc­ Highway No. 54 to its intersection with OF ANIMALS AND POULTRY tion along U.S. Highway No. 380 to its U.S. Highway No. 380 at the town of intersection with New Mexico State PART 74— SCABIES IN SHEEP Carrizozo, New Mexico; thence, running Highway No. 48 at the town of Capitan, in a southeasterly direction along U.S. Interstate Movement New Mexico; thence, running in an east­ Highway No. 380 to its intersection with erly direction along New Mexico State New Mexico State Highway No. 48 at the Pursuant to the provisions of sections Highway No. 48 to its intersection with town of Capitan, New Mexico; thence, 1 through 4 of the Act of March 3, 1905, the Lincoln-Chaves County Line; thence, running in an easterly direction along as amended, sections 1 and 2 of the Act running northward along the Lincoln- New Mexico State Highway No. 48 to its of February 2, 1903, as amended, and Chaves County Line and the Lincoln- intersection with the Lincoln-Chaves sections 4 through 7 of the Act of May DeBaca County Line to the northeast County Line; thence, running northward 29, 1884, as amended (21 U.S.C. 111-113, corner of Lincoln County; thence, run­ along the Lincoln-Chaves County Line 115, 117, 120, 121, 123-126), §§74.2 and ning westerly along the Lincoln-Guada- and the Lincoln-DeBaca County Line to 74.3 of Part 74, Subchapter C, Chapter I, lupe County Line to its intersection the northeast corner of Lincoln County; Title 9, Code of Federal Regulations, as with the Lincolii-Torrance County Line; thence, running westerly along the Lin- amended, are hereby amended to read, thence, running southerly along the Lin­ coln-Guadalupe County Line to its inter­ respectively, as follows: coln-Torrance County Line to the south­ section with the Lincoln-Torrance § 74.2 Designation of free and infected east corner of Torrance County; thence, County Line; thence, running southerly areas. running westerly along the Lincoln- along the Lincoln-Torrance County Line Torrance County Line to the point of (a) Notice is hereby given that sheep to the southeast corner of Torrance beginning at the town of Corona, New County; thence, running westerly along in the following States, Territories, and Mexico; District, or parts thereof as specified, the Lincoln-Torrance County Line to the (8) All Counties in Pennsylvania ex­ point of beginning at the town of Corona, are not known to be infected with scabies, cept Cumberland; and such States, Territories, District, and New Mexico; . (9) All Counties in Virginia except (8) The following County in Pennsyl­ parts thereof, are hereby designated as Augusta; free areas: vania: Cumberland; (10) All Counties in Wisconsin except (9) The following County in Virginia: (1) Alabama, Alaska, Arizona, Arkan­ Saint Croix. sas, California, Colorado, Connecticut, Augusta; (b) Notice is hereby given also that (10) The following Counties in West Delaware, District of Columbia, Florida, sheep scabies exists in all States and Georgia, Hawaii, Idaho, Louisiana, Virginia: Berkeley, Fayette, Grant, Territories and parts of States not des­ Greenbrier, Hampshire, Hardy, Jeffer­ Maine, Maryland, Massachusetts, Mich­ ignated as free areas in paragraph (a) igan, Mississippi, Montana, Nevada, son, Mercer, Mineral, Monroe, Morgan, of this section, and they are hereby des­ Nicholas, Pendleton, Pocahontas, New Hampshire, New Jersey, New York, ignated as infected areas. North Carolina, North Dakota, Okla­ Raleigh, Randolph, Summers, Tucker, homa, Oregon, Puerto Rico, Rhode Is­ § 74.3 Designation o f eradication areas. Upshur, and Webster; (11) The following County in Wiscon­ land, South Carolina, South Dakota, (a) Notice is hereby given that sheep sin: Saint Croix. Texas, Utah, Vermont, Virgin Islands in the following States, or parts thereof of the United States, Washington, and as specified, are being handled systemati­ (S ecs. 4 -7 , 23 S ta t. 32, as am end ed, secs. 1, 2, Wyoming: cally to eradicate scabies in sheep, and 32 S tat. 791—792, as a m en d ed , secs. 1-4, 33 (2) The following Counties in Illinois: such States, and parts thereof, are hereby S ta t. 1264, as a m en d ed , 1265, as amended; Bond, Clay, Clinton, Lawrence, Madison, designated as eradication areas: 21 U .S .C . 111-113, 115, 117, 120, 121, 123-126; 19 F .R . 74, as a m e n d e d ) Marion, and Richland; and all Counties (1) Kentucky and Tennessee; in the State of Illinois lying south (2) All Counties in Illinois except Effective date. The foregoing amend­ thereof; Bond, Clay, Clinton, Lawrence, Madison, ments shall become effective upon p u b ­ (3) All Counties in Kansas except Marion, and Richland; and all Counties lication in the F e d e r a l R e g i s t e r . -Cloud, Ellsworth, Harper, Jewell, and in the State of Illinois lying south The amendments add the County of Sedgewick; thereof; Augusta in the State of Virginia to the (4) All Counties in Minnesota except (3) The following Counties in Kansas: Jackson and Lincoln; Cloud, Ellsworth, Harper, Jewell, and list of infected and eradication areas (5) The following Counties in Mis­ Sedgewick; and delete such County from the list of souri: Cole, Cooper, Franklin, Gasconade, (4) The following Counties in Min­ free areas as sheep scabies is known to Jackson, Lafayette, Moniteau, Osage, St. nesota: Jackson and Lincoln; exist therein. After the effective date of Louis, and Saline; and all Counties in (5) All Counties in Missouri except these amendments, the restrictions per­ the State of Missouri lying south thereof; Cole, Cooper, Franklin, Gasconade, Jack­ taining to the interstate movement of Thursday, January 23, 1964 FEDERAL REGISTER 555 sheep from or into infected and eradica­ To provide protection for aircraft utiliz­ F e d e r a l R e g is t e r (2 8 F.R. 9211) stating tion areas as contained in 9 CFR Part 74, ing this instrument approach procedure, that the Federal Aviation Agency pro­ as amended, will apply to such County. action is taken herein to substitute a posed to alter the Peoria, 111., control zone The amendments impose certain re­ 101 ° True bearing from the Pierre radio and the Bloomington, 111., transition strictions necessary to prevent the spread beacon for the Pierre radio range east area; revoke the Peoria control area of scabies, a communicable disease of course (095° True) in the description of extension; and designate a transition sheep, and must be made effective im­ the Pierre control zone and transition area at Peoria. mediately in order to accomplish their area. Interested persons have been afforded purpose in the public interest. Accord­ These changes will effect only a 6 de­ an opportunity to participate in the rule- ingly, under section 4 of the Adminis­ gree clockwise shift in the position of the making through submission of com­ trative Procedure Act (5 U.S.C. 1003), portions of the Pierre control zone and ments. All comments received were it is found upon good cause that notice transition area east of Pierre proposed in favorable. and other public procedure with respect the notice. Therefore, since these The substance of the proposed amend­ to the amendments are impracticable changes are minor in nature, notice and ments having been published and for the and contrary to the public interest, and public procedure hereon are unnecessary. reasons stated in the notice, the follow­ good cause is found for making the The substance of the proposed amend­ ing actions are taken: amendments effective less than 30 days ments having been published, and for 1. In § 71.171 (27 FJR. 220-91, Novem­ after publication in the F e d e r a l R e g i s - the reasons stated herein and in the ber 10, 28 F.R. 7218), the Peoria, 111., TER. ■ notice, the following actions are taken: control zone is amended to read: Done at Washington, D.C., this 17th 1. In § 71.171 (27 FJR. 220-91, Novem­ Peoria, III. day of January 1964. ber 10, 1962), the Pierre, S. Dak., control Within a 5-mile radius of the Greater zone is amended to read: Peoria Airport (latitude 40°39'45" N., longi­ M . R . CLARKSON, Pierre, S. Dale. tude 89°41'35" W .); within 2 miles each side of the Peoria VORTAC 091° radial, extending Acting Administrator, Within a 5-mile radius of Pierre Muni­ from the 5-mile radius zone to the VORTAC; Agricultural Research Service. cipal Airport (latitude 44°22'50" N.,longi­ within 2 miles each side of the Greater Peoria tude 100°17'15" W .), and within 2 miles [F.R. Doc. 64-617; F ile d , Jan. 22, 1964; Airport ILS localizer SE course, extending 8 :48 a.m .] each side of the Pierre RBN 101° bearing from the 5-mile radius zone to the OM; and extending from the 5-mile radius zone to within 2 miles each side of the Greater Peoria 8 m iles E o f th e R B N . - Airport ILS localizer NW course, extending 2. Section 71.181 (27 F.R. 220-139, No­ from the 5-mile radius zone to 6 miles NW Title 14-AERONAUTICS AND vember 10, 1962) is amended by adding of the airport. the following: 2. Section 71.165 (27 F.R. 220-59, No­ SPACE Pierre, S. Dak. vember 1962) is amended by revoking Chapter I— Federal Aviation Agency That airspace extending upward from 700 the following control area extension: feet above the surface within an 8-mile “Peoria, 111.” SUBCHAPTER E— AIRSPACE [NEW] radius of Pierre Municipal Airport (latitude 44°22'50" N., longitude 100°17'15'' W .), with­ 3. Section 71.181 (27 F.R. 220-139, No­ [Airspace Docket No. 63-CE-23] in 2 miles each side of the Pierre VOR 077° vember 10, 1962) is amended by adding PART 71— designation o f fed er a l radial, extending from the 8-mile radius area the following: to 12 miles E of the VOR; and that airspace AIRWAYS, CONTROLLED AIRSPACE, extending upward from 1,200 feet above the Peoria, III. AND REPORTING POINTS [ NEW ] surface within 4 miles E and 3 miles W of That airspace extending upward from 700 the Pierre VOR 357° radial, extending from feet above the surface within an 8-mile Alteration of Control Zone; Designa­ the VOR to 8 miles N of the VOR, within radius of the Greater Peoria Airport (latitude tion of Transition Area; Revocation 1 mile N and 5 miles S of the Pierre RBN 40°39'45” N., longitude 89°41'35” W .); with­ in 2 miles each side of the Greater Peoria of Control Area Extension 101° bearing, extending from the RBN to 12 miles E of the RBN, and within the Airport ILS localizer SE course, extending On June 5, 1963, a notice of proposed area east of the Pierre VOR bounded on the from the 8-mile radius area to 8 miles SE of N by a line 5 miles N of, and parallel to, the OM; within 2 miles each side of the rule making was published in the F e d ­ the Pierre VOR, and on the S by a line 5 Greater Peoria Airport ILS localizer NW eral R e g is t e r (28 F.R. 5530) stating that arc of a 30-mile radius circle centered on course, extending from the 8-mile radius area the Federal Aviation Agency proposed to the Pierre VOR, and on the S by a line 5 to 14 miles N W of the airport; within 8 miles alter the Pierre, S. Dak., control zone, miles S of, and parallel to, the Pierre VOR SW and 5 miles NE of the Peoria VORTAC revoke the Pierre control area extension 077° radial. 279° radial, extending from, the 8-mile radius and designate the Pierre transition area. area to 12 miles W of the VORTAC; and that 3. Section 71.165 (27 F.R. 220-59, No­ airspace extending upward from 1,200 feet Interested persons were afforded an vember 10,1962) is amended by revoking above the surface bounded on the N by lati­ opportunity to participate in the rule­ tude 41°10'10” N., on the E by longitude 88°- making through submission of comments. the Pierre, S. Dak., control area exten­ sion. 40'00" W., oh the S by latitude 40°20'00" N„ The Air Transport Association of and on the W by longitude 90°00'00" W. America (A T A ), in response to the These amendments shall become ef­ Notice, submitted the statement that fective 0001 e.s.t., April 2, 1964. 4. In § 71.181 (27 F.R. 220-139, Novem­ they would object to the actions proposed (Sec. 307(a), 72 Stat. 749; 49 U8.C. 1348) ber 10,1962) the Bloomington, 111., tran­ sition area is amended to read: if these would require any of the pro­ Issued in Washington, D.C., on Jan­ cedure turn and transition altitudes to uary 15,1964. Bloomington, III. he raised more than 1,500 feet above the H . B . H e l s t r o m , That airspace extending upward from 700 surface. It is proposed that the tran- Acting Chief, feet above the surface within a 4-mile radius ation and procedure turn altitudes for Airspace Utilization Division. of Bloomington Airport (latitude 40°28'50" the instrument approach procedures at N., longitude 88°55'45" W .), and within 2 Pierre be established at 3,500 feet which [F .R . D oc. 64-582; F ile d , J an . 22, 1964; miles each side of the Bloomington VOR 037° is 1,500 feet above the 2,000-foot ter­ 8 :45 a .m .] radial, extending from the 4-mile radius area rain characteristics which are present in to 8 m ile s N E o f th e V O R . [Airspace Docket No. 63-CE-78] at ,Pierre terminal area. Therefore, These amendments shall become effec­ ATA’s comments have been registered PART 71— DESIGNATION OF FEDERAL tive 0001 e.s.t., May 28, 1964. as presenting no objection to the actions AIRWAYS, CONTROLLED AIRSPACE, proposed in the notice. (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) Subsequent to the publication of the AND REPORTING POINTS [NEW] notice, the Pierre radio range was con- Issued in Washington, D.C., on Janu­ Alteration of Control Zone and Tran­ ary 15, 1964. w^ifd t° a radio beacon. Concurrent sition Area; Revocation of Control with this facility conversion the radio H . B. H e l s t r o m , ange instrument approach procedure Area Extension; and Designation of Acting Chief, as cancelled and an instrument ap- Transition Area Airspace Utilization Division.

E Ch^ procedure based on a bearing On August 21, 1963, a notice of pro­ [F .R . D oc. 64-583; F iled , J a n . 22, 1964; om the radio beacon was developed. posed rule making was published in the 8:45 a.m.1 556 RULES AND REGULATIONS

[Airspace Docket No. 63-CE-89] In consideration of the foregoing, the miles NW of and parallel to the Lihue VOR 041° r a d ia l to V -2 . PART 71— DESIGNATION OF FEDERAL following action is taken: Section 71.123 (27 F.R. 220-6, Novem­ These amendments shall become effec­ AIRWAYS, CONTROLLED AIRSPACE, ber 10,1962) is amended as follows: tive 0001 e.s.t., April 2,1964. AND REPORTING POINTS [NEW] In V-251 “to Hartford, Conn.” is de­ leted and “IN T of Sparta 081° and Trin­ (S ec. 3 0 7 (a ), a n d 1110, 72 S tat. 749 and Designation of Control Zone and 800; 49 U .S .C . 1348 a n d 1510, a n d Executive ity, N.Y., 232° radials; Trinity; to Hart­ O rd e r 10854, 24 F .R . 9565) Alteration of Transition Area ford, Conn.” is substituted therefor. Issued in Washington, D.C., on Janu­ On October 3, 1963, a notice of pro­ This amendment shall become effective ary 15,1964. posed rule making was published in the 0001 e.s.t., April 2, 1964. H . B . H e l s t r o m , F e d e r a l R e g i s t e r (28 F.R. 10679) stating that the Federal Aviation Agency pro­ (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) Acting Chief, posed to designate a control zone and Issued in Washington, D.C., on Janu­ Airspace Utilization Division. alter the existing transition area at Red­ ary 15, 1964. [F.R. Doc. 64-587; Filed, Jan. 22, 1964; wood Falls, Minn. H . B . H e l s t r o m , 8:45 a j n . ] Interested persons were afforded an Acting Chief, opportunity to participate in the rule- Airspace Utilization Division. making through submission of com­ [F .R . D oc. 64-586; F ile d , Jan . 22, 1964; [Airspace Docket No. 63-SW-25] ments, but no comments were received. 8 :4 5 a .m .] The substance of the proposed amend­ PART 71— DESIGNATION OF FEDERAL AIRWAYS, CONTROLLED AIRSPACE, ments having been published and for the [Airspace Docket No. 63-PC-10] reasons stated in the notice, the follow­ AND REPORTING POINTS [NEW] ing actions are taken. PART 71— DESIGNATION OF FEDERAL 1. In § 71.171 (27 F.R. 220-91, Novem­ AIRWAYS, CONTROLLED AIRSPACE, Alteration of Control - Zones and ber 10, 1962) the following control zone AND REPORTING POINTS [NEW] Designation of Transition Area is added: Alteration of Control Zone, Revoca­ On August 31, 1963, a notice of pro­ Redwood Falls, Minn. posed rule making was published in the Within a 3-mile radius of Redwood Falls tion of Control Area Extension and F e d e r a l R e g i s t e r (28 F.R. 9647) stating Municipal Airport (latitude 44°32'45" N., Designation of Transition Area that the Federal Aviation Agency pro­ longitude 95°04'50" W .) and within 2 miles posed to alter the Hobart, Okla., Altus each side of the Redwood Falls VOR 023° On October 1, 1963, a notice of pro­ posed rule making was published in the AFB, Okla., and Clinton, Okla., control radial, extending from the 3-mile radius zone zones, and designate a transition area at to the VOR. F e d e r a l R e g i s t e r (28F.R. 10541) stating that the Federal Aviation Agency pro­ Hobart, Okla. 2. In §71.181 (27 F.R. 220-139,, No­ posed to alter the Lihue, Hawaii, control Interested persons were afforded an vember 10, 1962) the Redwood Falls, zone, revoke the Lihue control area ex­ opportunity to participate in the rule- Minn., transition area is amended to tension and designate the Lihue transi­ making through submission of comments. read: All comments received were favorable. tion area. That airspace extending upward from 700 Interested persons were afforded an The substance of the proposed amend­ feet above the surface within a 4-mile radius opportunity to participate in the rule- ments having been published and for of Redwood Falls Municipal Airport (latitude making through submission of com­ reasons stated in the notice, the follow­ 44°32'45" N., longitude 95°04'50" W .); and ing actions are taken: t h a t a irsp ace e x te n d in g u p w a r d fro m 1,200 ments, but no comments were received. The substance of the proposed amend­ 1. In § 71.171 (27 F.R. 220-91, No­ feet above the surface within 5 miles W and vember 10, 1962), the following actions 8 miles E of the Redwood Falls VOR 023° ments having been published and for the and 203° radials, extending from 4 miles N reasons stated in the notice, the follow­ are taken: a. The Hobart, Okla., control zone is to 12 miles S of the VOR. ing actions are taken: amended to read : These amendments shall become effec­ 1. In § 71.171 (27 FJR. 220-91, Novem­ tive 0001 e.s.t., April 2, 1964. ber 10, 1962), the Lihue, Hawaii, control Hobart, Okla. zone is amended to read: Within a 5-mile radius of the Hobart (S ec. 3 0 7 (a ), 72 S ta t. 749; 49 U .S .C . 1348) Municipal Airport (latitude 34°59'20" N„ Lihue, Hawaii longitude 99°02'55'' W .) and within 2 miles Issued in Washington, D.C., on Janu­ Within a 5-mile radius of Lihue Airport each side of the Hobart VOR 003° radial, ex­ ary 15, 1964. (latitude 21°59'00" N., longitude 159°21'00" tending from the 5-mile radius zone to the H . B . H e l s t r o m , W .); within 2 miles each side of the Lihue VOR. VOR 041° radial, extending from the 5-mile Acting Chief, b. The Altus, Okla., control zone is Airspace Utilization Division. radius zone to 8 miles NE of the VOR, and within 2 miles each side of the Lihue VOR amended to read: [F .R . D oc. 64-584; F ile d , Jan . 22, 1964; 130° radial, extending from the 5-mile ra­ Altus, Okla. 8:45 a .m .] dius zone to 9 miles SE of the VOR. Within a 5-mile radius of the Altus APB 2. Section 71.165 (27 F.R. 220-59, No­ (latitude 34°39'40" N., longitude 99°16'30" vember 10,1962,27 F U . 12439) is amend­ W .); within 2 miles each side of the Altus [Airspace Docket No. 63-EA-73] AFB ILS localizer S course, extending from ed by revoking the following control area the 5-mile radius zone to 1.5 miles S of the PART 71— DESIGNATION OF FEDERAL extension: “Port Allen, Hawaii” OM; and within 2 miles each side of the AIRWAYS, CONTROLLED AIRSPACE, 3. Section 71.181 (27 F.R. 220-139, No­ Altus AFB TACAN 185° radial, extending AND REPORTING POINTS [NEW] vember 10, 1962) is amended by adding from the 5-mile radius zone to 9 miles S of the following transition area: th e T A C A N . Alteration of Federal Airways Lihue, Hawaii c. The Clinton, Okla., control zone is That airspace extending upward from 700 On October 1, 1963, a notice of pro­ amended to read: feet above the surface within the area posed rule making was published in the bounded on the NW by a line 5 miles NW of Clinton, Okla. F e d e r a l R e g is t e r (28 F.R. 10549) stating and parallel to the Lihue VOR 041° radial, Within a 5-mile radius of the Clinton- that the Federal Aviation Agency pro­ on the NE by the arc of a 7-mile radius Sherman AFB (latitude 35°20'25'' N., longi­ posed to amend Part 71 [New] of the circle centered on the Lihue Airport (lati­ tude 99°12'00" W .); within 2 miles each siae Federal Aviation Regulations by altering tude 21°59'00'' N., longitude 159°21'00'' of the Clinton-Sherm an VOR 003° radial, ex­ W .), on the SE by a line 2 miles NE of and tending from the 5-mile radius zone to t VOR Federal airway No. 251 between VOR; within 2 miles each side of the CUnton- Sparta, N.J., and Hartford, Conn. parallel to the Lihue VOR 130° radial, and on the SW by the arc of a 5-mile radius circle Sherman AFB TACAN 174° radial, extending Interested persons were afforded an centered on Lihue Airport; and that air­ from the 5-mile radius zone to 7 miles S o opportunity to participate in the rule space extending upward from 1,200 feet the TACAN; and within 2 miles each side oi making through submission of com­ above the surface within a 25-mile radius the Clinton-Sherman AFB TACAN 006 t - ments. All comments received were fa­ of the Lihue VOR, extending from the 7- dial, extending from the 5-mile radius z vorable. mile radius area clockwise from a line 5 to 7 miles N of the TACAN. Thursday, January 23, 1964 FEDERAL REGISTER 557

2. S ection 71.181 (27 F.R. 220-139, 1. Section 71.171 (27 F.R. 220-91, No­ In consideration of the foregoing, ef­ N o v e m b e r 10,1962) is amended by a d d in g vember 10, 1962) is amended by adding fective immediately, the following action the fo llo w in g tra n s itio n a r e a : the following control zone: is taken: That airspace extending upward from 700 Victoria, Tex. Airspace Docket No. 63-SW-56 Is feet above the surface within a 7-mile radius Within a 5-mile radius of the Victoria amended as follows: “effective 0001 e.s.t., of the Hobart Municipal Airport; within 5 County-Foster Airport (latitude 28°51'10" March 5, 1964,” is deleted and “effective miles W a n d 8 m ile s E o f th e H o b a r t V O R N., longitude 96°55'20" W.) and within 2 0001 ea.t., April 30, 1964.” is substituted 003° and 183° radiais, extending from 5 miles miles each side of the 320° bearing from lati­ therefor. N to 12 miles S of the VOR; within an 8-mile tude 28°51'30” N., longitude 96°55'00" W., radius of the Clinton-Sherman AFB; within extending from the 5-mile radius zone to 8 (Sec. 307(a), 72 Stat. 749; 49 UJ3.C. 1348) 5 miles W and 8 miles E of the Clinton- miles NW of latitude 28°51'30" N., longitude Issued in Washington, D.C., on Jan­ Sherman VOR 360° and 180° radiais, extend­ 96°55'00'' W., effective from 0600 to 0000 uary 15,1964. ing from 5 m ile s N to 12 m ile s S o f th e V O R ; hours, local time, daily. within an 8-mile radius of the Altus APB; H . B. H e l s t r o m , within 5 miles W and 8 miles E of the 360° 2. Section 71.181 (27 F.R. 220-139, No­ Acting Chief, and 180° b e a rin g s fro m th e A lt u s R B N , e x ­ vember 10, 1962) is amended by adding Airspace Utilization Division. tending from 5 miles N to 12 miles S of the the following transition area: [F .R . D oc. 64-590; F ile d , J a n . 22, 1964; RBN; that airspace extending upward from Victoria, Tex. 8 :46 a m . j 1,200 feet a bo ve th e su rfa c e b o u n d e d b y a lin e That airspace extending upward from 700 beginning at latitude 34°08'00" N., longitude feet above the surface within 8 miles SW 99°05'00'' W.; to latitude 34°15'00” N., longi­ and 5 miles» NE of the Victoria VOR 313° [Airspace Docket No. 63-WE-81] tude 99°30'00” W .; to la t it u d e 3 4°4 0'00 ” N ., radial, extending from the VOR to 12 miles longitude 99°59'00" W.; to latitude 35°20'00" NW of the VOR; within 8 miles SW and 5 PART 71— designation o f fed er a l N., longitude 99°54'00” W.; to latitude 85°- miles NE of the 324° bearing from latitude AIRWAYS, CONTROLLED AIRSPACE, 50'00" N., longitude 99°43'00” W .; to latitude 28°51'30'' N., longitude 96°55'00” W., ex­ AND REPORTING POINTS [NEW] 35*44'00” N., lo n g itu d e 9 9 °0 3 '0 0 " W j; to la t i­ tending from latitude 28° 51'30” N., longitude tude 34°58'00” N ., lo n g itu d e 98°33'00” W .; 96Æ55'00” W., to 12 miles NW; and that Revocation of Federal Airway to latitude 34°42'00" N., longitude 98°46'00" airspace extending upward from 1,200 feet W.; to latitude 34°21'00" N., longitude 98°- above the surface bounded by a line be­ Segment 46'00” W.; to point of beginning; and that ginning at latitude 29°00'00” N., longitude airspace ex te n d in g u p w a r d fr o m 8,000 fe et On October 22, 1963, a notice of pro­ 97°17'00” W.; to latitude 29°08'00” N., lon­ posed rule making was published in the MSL bounded by a line beginning at latitude gitude 97°00'00” W., to latitude 28°52'50” F e d e r a l R e g i s t e r 34°40'00" N., longitude 99°59'00” W.; thence N., longitude 96°28'30” W.; to latitude 28°- (28 F.R.11280) stating W via latitude 34°40'00" N., to and counter­ 47'25” N., longitude 96°35'20” W.; to lati­ that the Federal Aviation Agency pro­ clockwise a lo n g th e arc o f a 2 0 -m ile r a d iu s tude 28°43'40” N., longitude 96°28'00” W.; posed to revoke the north alternate seg­ circle centered at the Childress, Tex., M u­ thence SW via the N boundary of V-20 to ment of VOR Federal airway No. 12 from nicipal A irp o rt (la t it u d e 3 4°2 5 '5 5 ” N ., lo n g i­ longitude 97°05'00” W.; to point of Hector, Calif., to Needles, Calif. tude 100°17'45” W . ) to lo n g itu d e 1 0 0 °2 7 '0 0 '' b e g in n in g . W.; to latitude 35°00'00" N., longitude 100°- Interested persons were afforded an 32'00” W.; to latitude 35°20'00" N., longitude 3. In § 71.165 (27 F.R. 220-59, Novem­ opportunity to participate in the rule 100°00'00” W .; to la t it u d e 3 5°5 4'00 ” N „ ber 10, 1962), the Victoria, Tex., control making through submission of com­ longitude 100°18'00'' W.; to latitude 35 °- area extension is revoked. ments. All comments received were 50’00" N„ longitude 99°43'00" W .; to latitude favorable. 35°20'00" N., longitude 99°54'00'' W.; to These amendments shall become, ef­ The substance of the proposed amend­ point of b e g in n in g . T h e p o rtio n o f th e fective 0001 e.s.t., April 2, 1964. ment having been published and for the transition area extending upward from 8,000 (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) reason stated in the notice, § 71.123 (27 feet MSL, is excluded from Federal airways. F.R. 220-6, November 10, 1962) is These amendments shall become effec­ Issued in Washington, D.C., on Jan­ amended as follows: tive 0001 e.s.t., April 2, 1964. uary 15, 1964. In V-12 “including an N alternate from H . B. H e l s t r o m , (Sec. 307(a), 72 Stat. 749; 49 U.S.C. 1348) Hector to Needles via Goffs, Calif.;” is Acting Chief, Airspace Utilization deleted. Issued in Washington, D.C., on Janu­ Division. This amendment shall become effec­ ary 15, 1964. [F.R. Doc. 64-589; Filed, Jan. 22, 1964; H . B . H e l s t r o m , 8 :4 6 a .m .] tive 0001 e.s.t., April 2, 1964. Acting Chief, (S ec. 3 0 7 (a ), 72 S ta t. 749; 49 U .S .C . 1348) Airspace Utilization Division. [Airspace Docket No. 63-SW-56] Issued in Washington, D.C., on Janu­ (F.R. Doc. 64-588; F ile d , J an . 22, 1964; ary 15,1964. 8 :4 6 a .m .] PART 71— designation o f f ed er a l H . B . H e l s t r o m , AIRWAYS, CONTROLLED AIRSPACE, Acting Chief, [Airspace Docket No. 63-SW -48] AND REPORTING POINTS [NEW] Airspace Utilization Division. PART 71— DESIGNATION OF FEDERAL [F .R . D oc. 64-591; F iled , Jan . 22, 1964; Alteration of Amendments 8 :46 a j n . ] AIRWAYS, CONTROLLED AIRSPACE, AND REPORTING POINTS [NEW] On December 28, 1963, there was pub­ lished in the F e d e r a l R e g i s t e r (28 F.R. [Airspace Docket No. 63-WE-43] Designation of Control Zone, Revoca­ 14420) amendments to the Federal Avia­ tion Regulations which altered VOR Fed­ pa rt 71— designation o f fed er a l tion of Control Area Extension and AIRWAYS, CONTROLLED AIRSPACE, Designation of Transition Area eral airways Nos. 22 and 1630 via the new White Lake, La., VOR and designated AND REPORTING POINTS [NEW] On September 21, 1963, a notice of this facility as a reporting point. These Proposed rule making was published in actions were to become effective March Designation of Transition Area the F e d e r a l R e g i s t e r (28 F.R. 10336) 5, 1964. On October 5, 1963, a notice of pro­ stating that the Federal Aviation Agency Because of a delay in commissioning posed rule making was published in the Proposed to designate the Victoria, Tex.i the new White Lake VOR, action is taken F e d e r a l R e g i s t e r (28 F.R. 10752) stating control zone, revoke the Victoria con­ herein to alter Airspace Docket No. 63- that the Federal Aviation Agency pro­ trol area extension and designate the SW-56, by postponing the effective date posed to designate the Dubois, Idaho, victoria transition area. until April 30, 1964. transition area. Interested persons were afforded an Since this action is minor in nature Interested persons were afforded an opportunity to participate in the rule- and imposes no undue burden on any per­ opportunity to participate in the rule- making through submission of comments. son, and since more than 30 days will making through submission of com­ Ail comments received were favorable. elapse from the time of publication of ments but no comments were received. The substance of the proposed amend­ the amendments as originally adopted to The substance of the proposed amend­ ments having been published and for the new effective date, this change is in ment having been published, and for the the reasons stated in the notice, the compliance with section 4 of the Adminis­ reasons stated in the notice, the follow­ following actions are taken: trative Procedure Act. ing action is taken: 558 RULES AND REGULATIONS

Section 71.181 (27 FH . 220-139, No­ Issued in Washington, D. C., on Jan­ [Reg. Docket No. 2069; Arndt. 675] vember 10, 1962) is amended by adding: uary 15,1964. PART 507— AIRWORTHINESS Dubois, Idaho C l if f o r d P. B u r t o n , DIRECTIVES That airspace extending upward from 700 Acting Director, feet above the surface within a 5-mile radius Piaggio Model P. 166 Aircraft of Dubois Municipal Airport (latitude 44°- Air Traffic Service. 09'45" N., longitude 112°12'50" W .), and A proposal to amend Part 507 of the [FJR. Doc. 64-585; Filed, Jan. 22, 1964; regulations of the Administrator to in­ within 2 miles each side of the Dubois VOR 8:45 a.m .j 354° radial, extending from the 5-mile radius clude an airworthiness directive requir­ area to the VOR; and that airspace extend­ ing replacement of the shock absorber ing upward from 1,200 feet above the surface flanges with new flanges on Piaggio within 11 miles E and 7 miles W of the Chapter III— Federal Aviation Agency Model P. 166 aircraft was published in Dubois VOR 170° and 350° radials, extend­ 28 FJt. 12584. ing from 10 miles N to 20 miles S of the VOR. SUBCHAPTER C— AIRCRAFT REGULATIONS Interested persons have been afforded This amendment shall become effec­ [R e g . D o c k e t N o . 2052; A rn dt. 676] an opportunity to participate in the tive 0001 e.s.t., April 2, 1964. PART 507— AIRWORTHINESS making of the amendment. No objec­ (Sec. 3 07(a), 72 Stat. 749; 49 U.S.C. 1348) tions were received. DIRECTIVES In consideration of the foregoing, and Issued in Washington, D.C., on Janu­ Aero Commander M o d e j s 500A, pursuant to the authority delegated to ary 15,1964. me by the Administrator (25 F.R. 6489), H. B. H e l s t r o m , 500B, 560F, 680F, 680F (Pressur­ § 507.10(a) of Part 507 (14 CFR Part Acting Chief, ized), and 680FL Aircraft 507), is hereby amended by adding the Airspace Utilization Division. following new airworthiness directive : A proposal to amend Part 507 of the [F.R. Doc. 64-592; Filed, Jan. 22, 1964; Piaggio. Applies to all Model P. 166 aircraft 8 :4 8 a .m .] Regulations of the Administrator to in­ clude an airworthiness directive requir­ equipped with Magnaghi Modification 22027 or Modification 2-22027 shock ab­ ing inspection and modification of the sorbers. [Airspace Docket No. 63-CE-100] main on Aero Commander Compliance required within the next 50 PART 73— SPECIAL USE AIRSPACE Models 500A, 500B, 560F, 680F, 680F hours’ time in service after the effective date (Pressurized), and 680FL aircraft was o f th is A D . [NEW] published in 28 F.R. 12328. „ Fatigue cracks have developed in service on nose landing gear .steering control unit Alteration of Restricted Area Interested persons have been afforded an opportunity to participate in the mak­ P/N’s 4105-26 and 4105-31. To correct this condition, replace flanges in nose undercar­ On October 5,1963, a notice of proposed ing of the amendment. No objections riage unit as follows: rule making was published in the were received. 1. O n aircraft equipped with Modification F e d e r a l R e g is t e r (28 F.R. 10752) stating In consideration of the foregoing, and 2-22027 shock absorber, replace old flange that the Federal Aviation Agency was pursuant to the authority delegated to P / N 4105.26 w it h n e w fla n g e P / N 4105.26A. considering a proposal to alter the me by the Administrator (25 F.R. 6489), 2. On aircraft equipped with Modification Oscoda, Michigan (Wurtsmith A FB ), § 507.10(a) of Part 507 (14 CFR Part 22027’shock absorber, replace old flange P/N Restricted Area/Military Climb Corridor 507), is hereby amended by adding the 4105.31 with new flange P/N 4105.31A. 3. Accomplish replacement as provided for R -4 2 0 4 . following new airworthiness directive: in Piaggio Service Bulletin No. 166-35 dated Interested persons were afforded an Aero Commander. Applies to Models 500A, July 8,1963. opportunity to participate in the rule- 500B, 560F, 680F, 680F (Pressurized), and (Piaggio Service Bulletin No. 166-35 dated making through submission of comments. 680FL aircraft Serial Numbers 871, 875, July 8, 1963, covers the same subject.) All comments received were favorable. and 893 through 1329 except Serial Num ­ This amendment shall become effec­ In consideration of the foregoing, and b e rs 916, 953, 1162, 1186, 1207, 1224r-1234, tive February 20, 1964. for the reasons stated in the notice, the 1293,1303,1325,1327, and 1328. following action is taken: Compliance required as indicated. (S ecs. 3 1 3 (a ), 601, 603; 72 S tat. 752, 775, 776; In § 73.42 Michigan (28 F.R. 19-26, To detect loosened set screws and to pre­ 49 U.S.C. 1354(a), 1421,1423) clude rotation of the upper retaining bear­ January 26, 1963), R-4204 Oscoda, Mich. ing on the main landing gear, accomplish the Issued in Washington, D.C., on Janu­ (Wurtsmith A F B ), Restricted Area/Mili­ fo llo w in g : ary 13, 1964. tary Climb Corridor is amended to read: (a) Within 25 hours’ time in service after W . L l o y d L a n e , the effective date of this AD, inspect the R-4204 Oscoda, Mich- (Wurtsmith AFB), Director, main landing gear in accordance with Part Restricted Area/Military Climb Corridor. Flight Standards Service. I of Aero Commander Service Bulletin No. Boundaries. From a point of beginning at 83 dated September 13,1963, or FAA approved [F.R. Doc. 64-580; Filed, Jan. 22, 1964; latitude 44°25'30" N., longitude 83°27'10" equivalent.- If the extension of either gear 8 :4 5 a.m .j W., the area centered on a bearing therefrom exceeds 9.125 plus or m inus 0.125 inches, ac­ of 238°, extending to a point 30 nmi SW, complish the modification specified in (b) having a width of 1 nmi at the beginning for both main landing gears before further [R e g . D o c k e t N o . 3056; A rndt. 674] and expanding uniformity to a width of 6 n m i at the outer extremity. flig h t. PART 507— AIRWORTHINESS Designated altitudes. (b) Within 50 hours’ time in service after the effective date of this AD, modify the ‘ Surface to flight level 270 from the point DIRECTIVES landing gear in accordance with Part II of o f b e g in n in g to 3 n m i S W . Aero Commander Service BuUetin No. 83 Sikorsky Model S—58 Series Helicopter 2.000 feet MSL to flight level 270 from 3 dated September 13, 1963, or FAA approved n m i t o 6 n m i SW of the point of beginning. Amendment 558, 28 F.R. 3782, AD 63- equivalent. Stamp the letter “A” after the 5.000 feet MSL to flight level 270 from 6 9- 2, requires daily visual inspection of design number on each landing gear data n m i to 11 nmi SW of the point of beginning. plate after the modification is made. pylon and tail cone folding hinge fit­ 10.000 feet M SL to flight level 270 from 11 tings on Sikorsky Model S-58 Series hel­ nmi to 15 nmi SW of the point of beginning. This amendment shall become effec­ icopters except those which are rein­ 14.000 feet M SL to flight level 270 from 15 tive February 20,1964. nmi to 20 nmi SW of the point of beginning. forced in accordance with the m anu­ Recently, 17.000 feet M SL to,flight level 270 freon 20 (S ecs. 3 1 3 (a ), 601, 603; 72 S tat. 752, 775, 776; facturer’s recommendations. n m i to 25 n m i SW of the point of beginning. 49 U.S.C. 1354(a), 1421,1423) cracks have occurred in reinforced fit­ 20.000 feet MSL to flight level 270 from 25 tings. Accordingly, Amendment 558 is nm i to 30 nmi SW of the point of beginning. Issued in Washington, D.C., on Jan­ being superseded by a new directive Time of designation. Continuous. uary 13,1964.- * which requires daily inspection of 8“ Using agency. Wurtsmith AFB Approach W . L l o y d L a n e , hinges without excepting those whic C o n tro l. Acting Director, have been reinforced. , This amendment shall become effective Flight Standards Service. As a situation exists which demands 0001 e.s.t. April 2,1964. [Fit. Doc. 64-579; Filed, Jan. 22, 1964; immediate action in the interest o (Sec. 307(a), 72 Stat. 749; 49 US.O. 1348) 8:45 a m . ] safety, it is found that notice and puonc Thursday, January 23, 1964 FEDERAL REGISTER 559 procedure hereon are impracticable and (S ec. 9, 31 S ta t. 1450, as a m e n d e d ; 15 U .S.C . AsNNaOs) conforming to the following good cause exists for m aking this am end­ 277. Interprets or applies sec. 7, 70 Stat. specifications (on the dry basis) : 950; 15 U .S .C . 275a) ment effective in less than 30 days after (i) The additive contains not less date of publication in the F e d e r a l R e g ­ R . D. HUNTOON, than 30.87 percent and not more than ister. • .4 <■ Deputy Director. 31.65 percent of arsenic (A s ), equivalent In consideration of the foregoing, and [F .R . D oc. 64-578; F iled , J an . 22, 1964; to not less than 98.5 percent and not pursuant to the authority delegated to 8:45 a .m .] more than 101 percent of C6H7AsNNaC>3. me by the Administrator (25 F.R. 6489), (ii) The additive contains not more § 507.10(a) of Part 507 (14 CFR Part than 0.025 percent arsenic as inorganic 507), is hereby amended by adding the arsenite, calculated as AS2O3 and not following new airworthiness directive: Title 21— FOOD AND DRUGS more than 0.05 percent arsenic as inor­ Sik o r s k y . Applies to all Model S-58 Series ganic arsenate, calculated as As04=. Chapter I— Food and Drug Admin­ helicopters. Compliance required as Notice and public procedure and de­ indicated. — istration, Department of Health, layed effective date are not necessary FatiguS cracks have been found in the Education, and Welfare area of the rear three bolt holes of upper prerequisites to the promulgation of this pylon folding hinge fitting P/N S1620-63130- SUBCHAPTER B— FOOD AND FOOD PRODUCTS order, and I so find, since the changes 2, the forward bolt holes of mating fitting are in the nature of a clarification of p/N S1620-64127, the forward bolt hole of PART 121— FOOD ADDITIVES existing regulations. the lower pylon hinge fitting P/N S1620- Subpart C— Food Additives Permitted Any person who will be adversely af­ 64131, and thé lug through which the hinge fected by the foregoing order may at any bolt passes of fittings P/N ’s S1620-64127 and in Animal Feed or Animal-Feed time within 30 days from the date of its S1620-64127—7. I n o rd e r to p re c lu d e p r o p a ­ Supplements publication in the F e d e r a l R e g i s t e r file gation of fátigue cracks in these areas and subsequent serious weakening of the pylon A r s a n i l i c A c i d , S o d i u m A r s a n i l a t e with the Hearing Clerk, Department of attachment, accomplish the following: Health, Education, and Welfare, Room (a) As of the effective date of this AD, The food additive regulations for ar­ 5440, 330 Independence Avenue SW., conduct daily visual inspections of the area sanilic acid and sodium arsanilate were Washington 25, D.C., written objections around the fitting bolt holes of all pylon published in the F e d e r a l R e g i s t e r of Oc­ thereto. Objections shall show wherein and tail cone folding hinge fittings for cracks. tober 10, 1963 (28 F.R. 10869), after a the person filing will be adversely af­ Replace any cracked fittings before further study of the available data by an inter­ fected by the order and specify with flight. departmental committee on cancer-pro­ particularity the provisions of the order (b) Unless already accomplished,, accom­ ducing food additives and after an evalu­ plish the following in accordance with deemed objectionable and the grounds Sikorsky Service Bulletin No. 58B20-11A ation of the committee’s report, and for the objections. If a hearing is re­ within 100 hours’ time in service after the other relevant data, by the Commissioner quested, the objections must state the effective d ate o f th is A D o n a ll u p p e r p y lo n of Food and Drugs. The additives stud­ issues for the hearing. A hearing will hinge fittings P/N S1620-64127 with 1,900 ied conformed to certain specifications be granted if the objections are sup­ hours’ or more time in service, or prior to of purity. Following the issuance of ported by grounds legally sufficient to the accu m u latio n o f 2,000 h o u rs ’ tim e in these regulations, questions have been re­ service o n all fittin g s h a v in g less t h a n 1,900 justify the relief sought. Objections ceived asking for information on the may be accompanied by a memorandum hours’ time in service as of the effective date purity of the additives necessary to meet of this AD. or brief in support thereof. All docu­ (1) Remove all bushings from the hinges. the standards involved in these evalu­ ments shall be filed In quintuplicate. (2) Rework and inspect the bore of each ations. hole. The Commissioner has concluded that Effective date. This order shall be (3) Install oversized replacement bushings the regulations (21 CFR 121.253,121.254) effective on the date of its publication P/N S1620-63129—7. prescribing the safe use of these addi­ in the F e d e r a l R e g i s t e r . This supersedes Amendment 558, 28 FJR. tives should be amended to include the 3782, A D 6 3 -9 -2 . (S ecs. 409, 7 0 1 (a ), 52 S tat. 1055, 72 S tat. specifications necessary for them to meet 1785; 21 U .S .C . 348, 3 7 1 (a )) This amendment shall become effec­ the purity of the materials evaluated in tive January 31,1964. the aforementioned studies. Therefore, Dated: January 17, 1964.

(Secs. 3 1 3 (a ), 601, 603; 72 S tat. 752, 775, 776; pursuant to the provisions of the Federal J o h n L . H a r v e y , ' 49 U.S.C. 1354(a), 1421,1423) Food, Drtig, and Cosmetic Act (secs. 409, Deputy Commissioner 701(a), 52 Stat. 1055, 72 Stat. 1785; 21 of Food and Drugs. Issued in Washington, D.C., on Jan­ U.S.C. 348, 371(a)) and under the a u ­ uary 14,1964. thority delegated to the Commissioner by [F.R. Doc. 64-613; Filed, Jan. 22, J964; G . S . M o o r e , the Secretary of Health, Education, and 8:47 a .m .] Director, Welfare (25 F.R. 8625), §§421.253(a) and Flight Standards Service. 121.254(a) are amended to read as [P.R. Doc. 64-581; F ile d , Jan . 22, 1964; follows: PART 121— FOOD ADDITIVES 8:45 a.m .] § 121.253 Arsanilic acid. Subpart D— Food Additives Permitted * * * * * in Food for Human Consumption (a) The additive is the chemical p - F u m a r i c A c i d a n d S a l t s o f F u m a r i c A c id Title 15— COMMERCE AND aminobenzenearsonic acid (CeHsAsNOs) conforming to the following specifica­ The Commissioner of Food and Drugs, FOREIGN TRADE tions (on the dry basis): having evaluated data in petitions filed (i) The additive contains not less by Mallinckrodt Chemical Works, Second Chapter II— National Bureau of than-34 percent and not more than 34.8 and Mallinckrodt Streets, St. Louis 7, Standards, Department of Com­ percent of arsenic (As), equivalent to Missouri (FAP 334), and Pharmaceuti­ merce not less than 98.5 percent and not more cal Manufacturers Association, 1411 K SUBCHAPTER A— TEST FEE SCHEDULES than 100.8 percent CeHsAsNOs. Street NW., Washington 5, D.C. (FAP (ii) The additive contains not more 361), and other relevant data, has con- PART 203— HEAT than 0.025 percent arsenic as inorganic cluded that the food additive regulations Testing of Clinical Thermometers arsenite, calculated as AS2O3 and not should be amended to provide for the more than 0.05 percent arsenic as in­ safe use of ferrous fumarate as a source Pursuant to authority contained In organic arsenate, calculated as As04=. of iron in foods for special dietary use. 15 U.S.C. 275a the following amendment * * * * * Therefore, pursuant to the provisions of is effective upon publication in the F e d ­ the Federal Food, Drug, and Cosmetic § 121.254 Sodium arsenilate. eral R e g is t e r . Act (sec. 409(c) (1), 72 Stat. 1786; 21 1. Part 203 is amended to delete sched­ ♦ * * * * U.S.C. 348(c)(1)), and under the au­ ule 203.104—Testing of Clinical Ther­ (a) The additive is the chemicalthority delegated to the Commissioner by mometers. sodium p-aminobenzenearsonate (C6H7- the Secretary of Health, Education, and No. 16------2 560 RULES AND REGULATIONS

Welfare (25 F.R. 8625), §121.1130 is cluded that the food additive regulations ing will be granted if the objections are amended to read as follows: should be amended to provide for the supported by grounds legally sufficient use of polysorbate 80 and polysorbate 60 to justify the relief sought. Objections § 121.1130 Fumaric acid and salts of (polyoxyethylene (20) sorbitan mono­ may be accompanied by a memorandum fumaric acid. stearate) as emulsifiers in certain edible or brief in support thereof. All docu­ Fumaric acid and its calcium, ferrous, fats and oils. Therefore, pursuant to ments shall be filed in quintuplicate. magnesium, potassium, and sodium salts the provisions of the Federal Food, Effective date. This order shall be ef­ Drug, and Cosmetic Act (sec. 409(c) (1), may be safely used in food in accordance fective on the date of its publication in 72 Stat. 1786; 21 U.S.C. 348(c)(1)), and with the following prescribed conditions: the F e d e r a l R e g i s t e r . (a) The additives meet the following under the authority delegated to the Commisioner by the Secretary of Health, (S ec. 4 0 9 (c )(1 ), 72 S tat. 1786; 21 U .S C specifications: 3 4 8 ( c ) ( 1 ) ) d ) Fumaric acid contains a minimimx Education, and Welfare (25 F.R. 8625), of 90.5 percent by weight of fumaric acid, §§ 121.1009 and 121.1030 (21 CFR 121.- Dated: January 17, 1964. 1009, 121.1030 (28 F.R. 6351, 7733» are calculated on the anhydrous basis. J o h n L. H a r v e y , (2) The calcium, ferrous, magnesium,amended as follows: 1. Section 121.1009 Polysorbate 80 is Deputy Commissioner potassium, and sodium salts contain a of Food and Drugs. m i n i m u m of 99.0 percent by weight of amended by adding to paragraph (c) the the respective salt,' calculated on the following new subparagraph (8): [F .R . D oc. 64-627; F ile d , Jan . 22, 1964; 8:50 a.m .j anhydrous basis. § 121.1009 Polysorbate 80. (b) With the exception of ferrous fu- ***** marate, fumaric acid and the named salts are used singly or in combination (c) * * * in food at a level not in excess of the (8) As an emulsifier in shortenings Title 32— NATIONAL DEFENSE amount reasonably required to accom­ and edible oils that are sold in units not Chapter I— Office of the Secretary of plish the intended effect. exceeding 6 pounds avoirdupois weight Defense (c) Ferrous fumarate is used as a or 1 gallon fluid content, alone or in com­ source of iron in foods for special dietary bination with polysorbate 60 as follows: SUBCHAPTER G — CIVIL DEFENSE use, when the use is consistent with good (i) It is used alone in an amount not PART 227— CONTRIBUTIONS FOR nutrition practice. to exceed 1.0 percent of the weight of the finished shortening or oil. CIVIL DEFENSE PERSONNEL AND Any person Who will be adversely af­ (ii) It is used with polysorbate 60 in ADMINISTRATIVE EXPENSES fected by the foregoing order may at any any combination providing no more than Conditions of Contributions time within 30 days from the date of its 1.0 percent of polysorbate 80 and no publication in the F e d e r a l R e g i s t e r file more than 1.0 percent of polysorbate 60, Part 227 is amended by deleting “OCD with the Hearing Clerk, Department of provided that the total combination does Manual AM 25-2” wherever appearing Health, Education, and Welfare, Room not exceed 1.0 percent of the finished and substituting therefor “OCD guid­ 5440, 330 Independence Avenue SW., shortening or oil. ance material.” Washington 25, D.C., written objections Section 227.6(c) is revised to read as 2. Section 121.1030 Polysorbate 60 thereto. Objections shall show wherein follows: the person filing will be adversely af­ ( polyoxyethylene (20) sorbitan mono­ fected by the order and specify with par­ stearate) is amended by adding to para­ § 227.6 Conditions o f contributions. ticularity the provisions of the order graph (c) the following new subpara­ * * * * * deemed objectionable and the grounds graph ( 8): (c) Merit system requirements. All for the objections. If a hearing is re­ § 121.1030 Polysorbate 60 (polyoxy­ civil defense employees (except those quested, the objections must state the is­ ethylene (2 0 ) sorbitan monostearate. specifically exempted in OCD guidance sues for the hearing. A hearing will be ***** material) of a State or political sub­ granted if the objections are supported (c) * * * division must be employed under an ap­ by grounds legally sufficient to justify the (8) As an emulsifier in shortenings proved merit system of personnel ad­ relief sought. Objections may be ac­ ministration. Except in specific cases companied by a memorandum or brief in and edible oils that are sold in units not exceeding 6 pounds avoirdupois where the holding of nonpartisan elec­ support thereof. All documents shall be tive office is approved under procedures filed in quintuplicate. weight or 1 gallon fluid content, alone or in combination with polysorbate 80 as and criteria set forth in OfCD guidance material, OCD will make no contribu­ Effective date. This order shall be ef­ follows: tion toward the salary or compensation fective on the date of its publication in (i) It is used alone in an amount not of any person holding an elective office. the F e d e r a l R e g i s t e r . to exceed 1.0 percent of the weight of * * * * * (S e c. 4 0 9 (c )(1 ), 72 S tat. 1786; 21 Ü .S .C . 348 the finished shortening or oil. (c)(1 )) (ii) It is used with polysorbate 80 in In § 227.6 paragraph (m) Surplus any combination providing no more than property is deleted in its entirety. Ac­ Dated: January 17, 1964. 1.0 percent of polysorbate 60 and no more cordingly, present paragraph (n) Can­ J o h n L . H a r v e y , than 1.0 percent of polysorbate 80, pro­ cellation or breach is redesignated as Deputy Commissioner vided that the total combination does paragraph (m ), and paragraph (o) is of Food and Drugs. not exceed 1.0 percent of the finished redesignated as paragraph (n ). shortening or oil. [F .R . D oc. 64-614; F ile d , Jan . 22, 1964; Effective date. This amendment is 8:47 a jn .j Any person who will be adversely af­ effective immediately. fected by the foregoing order may at (6 4 S ta t. 1255, 72 S ta t. 533, 534, 50 U.S.C. any time within 30 days from the date App. 2253, 2286; Reorg. Plan No. 1 of 1958, as PART 121— FOOD ADDITIVES of its publication in the F e d e r a l R e g ­ amended, 72 Stat. 1799-1801, as amended, i s t e r file with the Hearing Clerk, De­ 23 F .R . 4991; E .O . 10952, 26 F J t. 6577; Orga­ Subpart D— Food Additives Permitted partment of Health, Education, and Wel­ nizational Statement, Assistant Secretary of in Food for Human Consumption fare, Room 5440, 330 Independence Ave­ Defense (CivU Defense), 26 F.R. 8604, Sept. 14,1961, Delegation of Authorities and Func­ POLYSORBATE 80; POLYSORBATE 60 (POLY­ nue SW., Washington 25, D.C., written objectons thereto. Objections shall tion s, D ire c to r fo r F e d e ra l Assistance, 27 F.R. OXYETHYLENE (2 0 ) S o r b t t a n M o n o ­ 5455, J u n e 8,1 96 2) s t e a r a t e show wherein the person filing will be adversely affected by the order and Dated: January 17, 1964. The Commissioner of Food and Drugs, specify with particularity the provisions H u b e r t A. S c h o n , having evaluated d a ta ' in a petition of the order' deemed objectionable and Director for Federal Assistance. (FAP 1230) filed by Atlas Chemical In­ the grounds for the objections. If a dustries, Inc., Wilmington 99, Delaware, hearing is requested, the objections must {F.R. Doc. 64-612; Filed, Jan. 22, 1964; and other relevant material, has con­ state the issues for the hearing. A hear­ 8 :4 7 a.m .] Thursday, January 23, 1964 FEDERAL REGISTER 561

Second-class Postage, in the column pro­ there are no more than 100 publications Title 39— POSTAL SERVICE vided for the advertising portion. The entered as second class. At other offices words Over 75 percent or Not over 75 verification shall be accomplished by Chapter I— Post Office Department percent according to whether the copies cycling over a period not to exceed 5 MISCELLANEOUS AMENDMENTS TO do or do not contain over 75 percent years as follows: advertising must be entered on Form CHAPTER Publications entered: Cycling period 3541 and Form 3542. The word Waived 101—200______2 years The regulations of the Post Office De­ must be written in the space provided for 201—300______3 years partment are amended as follows: the weight of the reading portion on 301—400____ i______4 years PART 16— SECOND-CLASS BULK Form 3541. 401------— ------5 years MAILINGS (g) Statement of news agent. WhenRecords of the verifications must be re­ a news agent presents for mailing sec­ tained, preferably on the reverse side of § 16.5 [Amendment] ond-class matter subject to the zone the applicable Forms 3542. I. In § 16.5 Statement and copy filed rates of postage, he must submit to the (2) Postmasters by joint review of the with mailings make the following postmaster a statement showing the Form 3542 for a selected issue of each changes: ffl M ••• percent of the space in such matter de­ publication with the publisher, including A. Paragraph (a) is amended to re­ voted to advertisements and the percent a review of the publisher’s records, shall quire the postmaster at the office where devoted to other than advertisement. determine that: Publishers should furnish this Informa­ original entry of a publication is author­ (i) Copies reported as subscribers’ ized, to receive a marked copy of each tion to news agents purchasing copies of copies, which must not include compli­ their publications in order that such issue or edition mailed locally or at addi­ mentary or other nonsubscribers’ copies, agents may be able to prepare the state­ tional entry post offices. As so amended, are in substantial agreement with the paragraph (2) reads as follows: ments required. publisher’s mail circulation records. (a) Copy marked to show advertising. Note: The corresponding Postal Manual (ii) Nonsubscribers’ copies, other than (1) The publisher must file with the section s are 126.51 a n d 126.55 t h r o u g h 126.57. those mailed at the transient second- class rate, are declared as samples but postmaster a copy of each issue. The II. In § 16.6 paragraph (e) is amended advertisements in the copy must be do not exceed the amount allowable. for the purpose of clarification; and See § 22.4(f) (1) (ii) of this chapter. marked by the publisher in such manner paragraphs (f) through (h) are redes­ that they may be verified when necessary. (iii) Nonsubscribers’ copies which ex­ ignated paragraphs (g) through (i) re­ ceed the amount allowable as samples are (2) If additional entries are author­ spectively; and a new paragraph (f) is ized, the publisher must file with the mailed at the transient second-class rate. added to require an annual verification (iv) During the previous 12-month postmaster at the original entry office of information furnished on Form 3542 a copy of each issue or edition to be period the total copies paid subscribers with the publishers records except that and the purchasers of single copies con­ mailed at the original entry office and at at post offices having more than 100 pub­ all additional entry offices. The pub­ stitute at least 65 percent of the total lications the verification may be cycled circulated. See § 22.2(b) (7) of this lisher is not required to furnish copies over a longer period. > As so added and to the additional entry offices. The post­ chapter. redesignated, paragraphs (e) through (i) (3) Where the verification discloses master at the original entry office shall read as follows: furnish to the postmaster at each' addi­ discrepancies which in the opinion of the tional entry office a statement of the § 16.6 Weighing and collection o f post­ postmaster are substantial and which verified weight and reported advertising age. cannot be resolved, the postmaster shall portion of each issue or edition accepted * * * * * submit a memorandum of the facts with for mailing at the additional entry office. a complete report on the reverse side of (e) Verification by postmasters of Form 3501 to the Classification and Spe­ . B. Redesignate paragraphs (e) and (f ) weights and number of copies. The cial Services Division, Bureau of Opera­ as paragraphs (f) and (g) respectively, average weight per copy obtained by the tions, for advice and instructions before and insert a new paragraph (e) to re­ publisher in the manner prescribed by taking further action. quire verification at least annually of the paragraph (b) of this section for use (g) Payment of postage at time of percentage of advertising marked on a either in computing postage on the bulk mailing or by advance deposits. Pub­ copy of an issue. As so added and re­ weight of a single issue, or in determining lishers must pay in money before the designated, paragraphs (e ), (f) and (g) the weight of one sheet as provided for by read as follows: mailings are dispatched all postage paragraph (d) of this section must be charged at the second-class rates shown (e) Verification of advertising per­ verified by the postmaster by weighing, in § 22.1 of this chapter. Exception: centage. The postmaster must verify or by supervising the weighing of, a The transient rate (§ 22.1(c) of this the advertising percentage reported on representative number of copies of the chapter) must be paid by adhesive or Form 3542, Statement showing number issue. If the average weight per copy meter stamps or by permit imprints. of copies of Second-Class Publications, is used for determining the weight of one (See §§ 34.3(b) and 34.5(a)(2) of this by actual measurement of the advertis­ sheet, the postmaster must also verify chapter.) Postmasters will accept de­ ing and nonadvertising portions of one the computation by which the publisher posits of money to pay for as many mail­ issue at least once a year. If discrepan­ determines the weight of one sheet. At ings as desired and will give the pub­ cies are noted, more frequent verification the end of each calendar month, when lishers receipts on Form 3544 for the must be made to establish the accuracy postage is computed on the total bulk deposits. of the publisher’s figures. A record of weight of all issues mailed during the ( h ) , Record of mailings. Postage on the verification shall be made on the re­ month, the postmaster must verify the the bulk mailings will be computed on verse side of the applicable Form 3542 or combined weight of one copy from each Form 3541 from the weights obtained on the papers attached thereto. issued by counting the sheets in the Form 3542. The publisher will be fur­ (f) Payment of advertising rates on copies filed under the provision of nished a duplicate of Form 3541 if he re­ reading portion. A publisher may, if he § 16.5(a) and multiplying the total by quests one. When postage is computed so desires, pay postage at the advertising the previously verified weight of one on the bulk weight of one issue, the zone rates on both the advertising and sheet furnished by Jthajmblisher on Form mailings and postage will be recorded in nonadvertising portions. When the ad­ 3542. If there is reason at any time to Form 3543 (special), Record of Second- vertising exceeds 75 percent, the copies doubt the accuracy o f ’the information Class Postage. When postage is com­ filed must have endorsed on the first page reported on Form 3542, sufficient weigh­ puted at the end of each calendar month by the publisher the words Advertising ings must be made to resolve the doubt. on the total weight of all issues mailed over 75 percent. When the advertising The postmaster shall keep a record of the diming the month, the total mailings and floes not exceed 75 percent, the copies verification, preferably on the back of postage for the month will be computed must have endorsed on the first page by applicable Form 3542. on one Form 3541, and only the totals the publisher the words Advertising not (f) Annual verification. ( 1 ) Verifica­ will be recorded in Form 3543. over 75 percent. The entire weight must tion of the data furnished on Form 3542 (i) How to show dates of issue and De entered on Form 3541, Computation of shall be made annually at offices where mailing. When a number of consecutive 562 RULES AND REGULATIONS

issues are covered by one Form 3541 or N o t e : The corresponding Postal Manual § 22.2 [Amendment] sections are 126.72 and 126.74. Form 3542, or by one entry in Form 3543, VI. In § 22.2 Qualifications for the dates of issue and the dates of mail­ second-class privileges, as amended by ing must be indicated by entering the PART 21— 28 F.R. 1468, make the following changes: first and last dates in the appropriate A. Amend paragraph (b) (2) for the IV. In § 21.2 Classification, as amended spaces and columns. purpose of clarification to read as by 28 F.R. 1468, and 28 F.R. 9528, make N ote: The corresponding Postal Manual follows: sectio n s a re 126.65 t h r o u g h 126.69. the following changes in paragraph ( a ) : A. Subdivision (i) of subparagraph (7) (b) Basic qualifications. * * * § 16.7 [Amendment] is amended to show that the size of post (2) Issuance of known office. Publica­ cards must not be larger than 4% by m . In § 16.7 Key-rate, as amended by tions must be issued and mailed at a 6 inches. As so amended, subdivision (i) known office of publication. A known 28 F.R. 1996, make the following reads as follows: office of publication is a public office changes: A. Paragraph (b) is amended to clari­ (a) Description. * * * where the business of the publication is fy that the number of subscribers’ copies (7) Post cards are manufactured by transacted during the usual business is only to be used in computing the key- private concerns and must conform to hours. The office must be maintained at rate. As so amended, paragraph (b) the following specifications: the place where the publication has been reads as follows: (i) Size, shape and ratio.—Not largergranted original second-class mail privi­ than 4*4 by 6 inches, nor smaller than 3 leges. Offices for the transaction of (b) Statement showing mailings to by 41,4 inches. Must be rectangular in business may be maintained at more each zone. The publisher must submit shape. A ratio of width (height) to than one place, but mailings may be ac­ once each calendar year, at 12-month length of less than 1 to 1.414 (1 to the cepted at the second-class pound rates intervals, a statement on Form 3542 square root of 2) is not recommended. only at the post offices where original or showing the number of subscribers copies additional mail privileges have been of an issue mailed to each zone. During (See § 21.3(b) and § 24.3(b) of this chapter.) authorized. these 12-month intervals, the publisher does not need to complete the lines for B. Amend subparagraph (8) by delet­ B. Amend (e) (6) for the purpose of zones 1 to 8 on Form 3542. He enters ing subdivision (x i ); and by redesignat­ clarification to read as follows: only total zone mailing on Total to all ing former subdivision (xii) as new (e) Identification statements in copies. zones lines. subdivision (x i). * * * B. Paragraph (d) is amended to re­ Note: The corresponding Postal Manual (6) Name of known office of publica­ flect the revision of paragraph (b) and sections are 131.217a and 131.218h. tion, including street and number when to require application of the same key- there is letter-carrier service, m ust be printed in a position or in a style and rate to sample copies as is applied to sub­ PART 22— SECOND CLASS scribers’ copies unless the transient rate size of type or with a designation that is chargeable. As so amended, para­ V. In § 22.1, as amended by 28 F.R. will make it clearly distinguishable from graph (d) reads as follows: 1468, and 28 F.R. 4754, subparagraph (1) the names of other offices of the publi­ of paragraph (b) is amended to clarify cation. When there is no post office at (d) Computation. (1) Compute the the application of the minimum per piece the place where published, the name of key-rate on Form 3541 once each cal­ rate. As so amended, subparagraph (1) the post office where mailed m ust be endar year at 12-month intervals, us­ reads as follows: shown as the office of publication. Ad­ ing the subscribers copies shown by zones dresses in mastheads and date lines must Form 3542 furnished in acordance with § 22.1 Rates. be printed so they will clearly show paragraph (b) of this section. If a new * * * * * where change of address notices, un­ report on Form 3542 is filed at any time (b) Outside the county of publica­ deliverable copies, orders for subscrip­ during the 12-month intervals showing tions— (1) All publications, except those tions, and other mail items are to be mailing to each zone, a new key rate accepted at the special rate or classroom sent. See § 16.2(f) of this chapter. must be computed and used. rate. Note: The corresponding Postal Manual (2) Enter on the corresponding lines sections are 132.222 and 132.25f. in column B of Form 3541 the number of copies for each zone shown on Form Rates in cents VII. In § 22.3, as amended by 28 F.R. per pound, 1469, paragraphs (c) (3) and (e) are re­ 3542. Apply the applicable pound rates beginning— shown in column F to the number of spectively amended for the purpose of clarification and to show that only one copies for each zone and enter the post­ Jan. 1, Jan. 1, age for each zone in column C of Form 1964 1965 fee is required for an additional entry 3541. Divide the total postage in item application. As so amended, paragraphs 2, column C, by the total number of (i) Pound rates: (c) (3) and te> read as follows: copies in item 2, column B, to obtain Nonadvertising portion______2.7 2.8 Advertising portion: § 22.3 Application for second-class priv­ the key-rate, which should be carried to 3.8 4.2 ileges. six decimal places. Apply the key-rate 4.8 5.2 6.8 7.2 * * * * * only to the total weight of the advertis­ 8.8 9.2 (c) Applications for publications that ing portion. Apply the regular reading 10.8 11.2 Zone 7______12.0 12.0 have second-class privileges. * * * portion rate to the total weight of the 14.0 14.0 (3) If a publisher desires to mail (ii) Minimum per piece charge: reading portion. Computation of the (a) Publications mailing less than copies at another office in addition to the key-rate must be verified by an employee 5,000 copies per issue outside the one where he has second-class mail county of publication. (Include or supervisor other than the person who copies mailed at all entry points privileges, he may file a written appli­ originally computed it. See exhibit A. and declared on- all Forms 3542 cation stating the approximate number submitted for a particular issue; at the (3) Prepare Form 3541 for subsequent also, include copies for all editions and weight of copies to be mailed mailings as shown on Exhibits A and B .5 .5 additional office, and the territory to be (6) Any issue of a publication the served. A form is not provided fo r this until a new report on Form 3542 show­ advertising portion of which does kind of application. The application ing mailings to each zone is filed under not exceed 5 percent of the entire .65 .75 must be filed at the office where the pub­ paragraphs (b) and (c) of this section. .8 1.0 (iii) If the total postage computed at lication has been granted o rigin al sec­ Where a key rate has been developed and the pound rates does not amount to ond-class mail privileges. If the addi­ is being used to compute postage for sub­ the appropriate minimum rate per tional entry is authorized, all copies for piece or more, postage must be com­ scribers copies, postage on sample Copies puted at the minimum charge per delivery at the original office must be shall be determined by using the same piece. (See paragraph (g) of this mailed there, and all copies for delivery section.) key rate unless the transient rate is at the additional office must be mailed chargeable (See §§ 22.1(c) and 22.4(f) at that office. N o t e : The corresponding Postal Manual section is (1) of this chapter.) 132.121. ***** Thursday, January 23, 1964 FEDERAL REGISTER 563

(e) Fees. The fees to accompany ap­ novelty pages may give a publication pa rt 24—-THIRD CLASS plications for second-class original entry, thé characteristics, both as to format reentry, or additional entry, or for regis­ and purpose, of books, catalogs, or other XI. In § 24.4, subparagraph (1) of par­ tration as a news agent, are: third- or fourth-class mail. The follow­ agraph (b) is amended to clarify regula­ tions concerning annual fees for bulk Kind Amount ing kinds of pages are examples of nov­ elty pages that may be included in sec­ mailings. As so amended, subparagraph Original entry-—circulation not more (1) reads as follows: than 2,000------$30 ond-class publications: Original entry— circulation 2,001 to (i) Printed pages bearing words, § 24.4 Preparation— payment o f post­ 5,000 ______------60 perforations, or symbols indicating they age. Original en try— c irc u la tio n 5,001 a n d are for detachment. * * * * * •over ------120 (ii) Pages having printed pictures for (b) Bulk mailings— ( l ) Annual fee. News-agent registry. ------25 cutting out. Reentry because of change in title, fre­ A fee of $30 must be paid each calendar quency of issue, office of publication, or (iii) Printed pages having blank year by or for any person who mails at other reasons------15 spaces for writing or marking. the bulk third-class rates. Any person Additional entry (Only one fee is collect­ (iv) Pages having printed illustrations who engages a business concern or an­ ible for an application for additional permanently pasted to them. Envelopes, other individual to mail for him must entry even though the additional entry wrappers, pockets, all other types of con­ pay the $30 fee. being applied for modifies one or more tainers, and any contents thereof do not Note: The corresponding Postal Manual additional entries previously ap- constitute printed illustrations. proved.) section is 134.421. W ith in zon es 1 a n d 2______15 (v) Pages with coupons or applica­ W ith in zon es 3 to 8______50 tion of order forms occupying not more than one-half .of the page. PART 25— FOURTH CLASS If an application is not approved, no Note: The corresponding Postal Manual XII. In § 25.1, paragraphs (c) and (d) part of the fee is returned to the appli­ sections are 132.461b and 132.473. are respectively amended to delete obso­ cant. IX. Section 22.7 is amended for thelete rate tables and to revise the sub­ N o t e: The corresponding Postal Manual purpose of clarification to read as fol­ headings. As so amended, paragraphs sections are 132.33c a n d 132.35. lows: (c) and (d) reads as follows: § 22.4 Amendment. § 22.7 Marking o f paid reading matter. § 25.1 Rates. * * * * * (a) Editorial or other reading matter VII. In § 22.4 What may be mailed (c) Special fourth-class rate. at second-class rates, as amended by contained in publications entered as sec­ ond-class mail and for the publication of 28 If.R. 1469, make the - following changes: which a valuable consideration is paid, Rate (without regard to zone) A. In paragraph (f) (1) subdivision accepted, or promised shall be marked plainly “advertisement” by the publisher. (ii) is amended to indicate that the post­ Kind of mail (rate restricted to (39 U.S.C. 4367) the items specifically named) First Each master at the original entry office is (b) Whoever, being an editor or pub­ pound, addi­ responsible for determining the 10 per­ beginning tional lisher, prints in a publication entered as Jan. 1, pound or cent sample copy limit on publications. 1964 fraction As so amended, subdivision (ii) reads second-class mail editorial or other read­ as follows: ing matter for which he has been paid or promised a valuable consideration, Books; 16-millimeter films and 16- Cents Cents millimeter film catalogs (Rate (f ) Copies not paid for by the ad­ without plainly marking the same ad­ applies for films and catalogs ex­ dressee— (1) Sample copies. * * * vertisement, shall be fined not more than cept when mailed to commercial theatres); printed music, printed (ii) Samples may be mailed at any $500. (18 U.S.C. 1734) objective test materials, sound time during a calendar year to the ex­ Note: The corresponding Postal Manual recordings, manuscripts for books, periodical articles, and tent of 10 percent of the total estimated section is 132.7. music; printed educational ref­ weight of copies to be mailed to sub­ erence charts permanently proc­ scribers during the calendar year. For essed for preservation; and PART 23— CONTROLLED CIRCU­ looseleaf pages, and binders publications having additional entries, LATION PUBLICATIONS therefor, consisting of medical the postmaster at the original entry of­ Information for distribution to doctors, hospitals, medical fice is responsible for determining that X. In § 23.2 paragraph (b) is amend­ schools, and medical students. sample copies do not exceed the 10 per­ ed to prescribe that in applying for a See. § 25.2(a) (4)...... 10 5 cent limit. At the end of each calendar permit on controlled circulation publica­ year the postmaster at the original entry tions the applicant must state in his (d) Library rate. post office must request from each addi­ letter to the postmaster whether the pub­ tional entry office the weight of subscrib­ lication is circulated free or mostly free. Rate (without er and sample copies mailed during the As so amended paragraph (b) reads as Kind of mail (rate restricted to regard to zone) year. follows: the items specifically named by or to the organizations named § 23.2 Permits. \ in 125.2(a)(5)) Each ad­ B. In paragraph (g ), subparagraph First ditional (3) is amended to clarify the definitions * * * * * pound pound or for novelty pages. As so amended, sub- (b) Applications. Apply by letter to fraction paragraph (3) reads as follows: the postmaster at the office where mail­ ings are to be made. A form is not pro­ Cents Cents (g) Enclosures, additions, and novelty Books; printed music, bound vol­ Pages. * * * vided for this kind of application. State umes of academic theses; sound the name of the publication, frequency of recordings; periodicals; other (3) Novelty pages. Novelty pages are library materials; 16-millimeter issue, where published, the name of the films; filmstrips; transparencies; printed sheets that may be used for pur­ publisher, and whether the publication slides; microfilms; and scientific poses other than reading, or printed or mathematical kits, instru­ is circulated free or mainly free. Submit ments, or other devices; also, sheets with novel characteristics. Nov­ two copies of the issue published nearest catalogs, guides or scripts for elty pages must be prepared specifically some of these material. See to the date of application. The post­ 5 25.2(a)(5)...... 4 1 for and intended as integral pages of master will submit the application and newspapers or other periodical publica­ one copy of the publication to the Classi­ tions. Blank sheets may not be carried N o te: The corresponding Postal Manual sections fication and Special Services Division, are 135.13 and 135.14. as Pages. Envelopes and all other types Bureau of Operations. Notice of author­ of containers do not constitute printed ization or disapproval will be furnished sheets or portions thereof. The total by the Director, Classification and Spe­ PART 27— OFFICIAL MAIL number of novelty pages in the copies cial Services Division. XIII. In § 27.1, paragraph (e) is fnay constitute only a minor portion of Note: The corresponding Postal Manual amended for the purpose of clarification the total pages. An excessive use of section is 133.22. to read as follows: 564 RULES AND REGULATIONS

§ 27.1 Members o f Congress. § 33.6 Mailings. Company has requested authority to op­

* * ’ * * * * * * * * erate over trackage of the Union Pacific Railroad at Clay Center, Kansas to serve (e) Weight and size limits.. (1) (b) Place of mailing. Metered mail, Union Pacific Railroad industries at that Weight. Official correspondence is lim­ other than reply mail (see § 33.5), must point. The Commission is of the opinion ited to 4 ounces, except that when ad­ be mailed from the post office shown in that there is need for service over this dressed to a Government official by title the meter stamp. To secure the fastest line of railroad and that operation o f this dispatch, metered mail should be de­ the limit is 4 pounds. line will best promote the service in the posited at the main post office or a sta­ (2) Size, shape, ratio, and sealing. interest of tire public and the commerce tion or branch thereof. Except for bulk The provisions of §§ 22.3, 22.2(a)(7), of the people; and that notice and public mailings of third-class mail, metered 21.3(b), and 24.3(b) of this chapter procedure and impracticable and con­ mail may be deposited in any street col­ apply. trary to the public interest and that good lection box, building receptacle or other Note: The corresponding Postal Manual cause exists for making this order effec­ place, under the jurisdiction of the post sectio n is 137.15. tive upon less than thirty days’ notice. office of meter settings, where mail is It is ordered, That: XIV. In § 27.2, as amended by 28 F.R.accepted. 3345 paragraph (e) (2) is amended for Note: The corresponding Postal Manual § 95.948 Service Order 948. the purpose of clarification to read as sectio n is 143.62. (a) The Chicago, Rock Island and follows: XVII. In § 33.8, paragraph (a) (3) isPacific Railroad Company authorized to § 27.2 Executive and judicial officers. amended for the purpose of clarification operate over trackage of Union Pacific * * * * * to read as follows: Railroad. The Chicago, Rock Island and (e) Weight and size limits. * * * Pacific Railroad Company be, and it is § 33.8 Manufacture and distribution of (2) Size, shape, ratio, and sealing. hereby authorized to operate over track­ postage meters. The provisions of §§22.3, 21.2(a)(7), age of the Union Pacific Railroad begin­ ***** 24.2(b), 24.3(b), 24.8, 25.3(b), and ning at point of interchange between the 26.3(b) apply. (a) Authorization to manufacture andChicago, Rock Island and Pacific Rail­ road Company and the Union Pacific ote The corresponding Postal Manual lease. * * * N : Railroad at Clay Center, Kansas to serve sectio n 1s 137.252. (3) Suspension. The Post Office De­ industries located on Union Pacific Rail­ partment may require a manufacturer road trackage at Clay Center, Kansas. to suspend production and distribution (b) Application. The provisions of PART 29— MIXED CLASSES of any or all of his models of postage this section shall apply to intrastate and meters pending investigation to deter­ XV. In § 29.3, paragraph (a) is foreign traffic as well as interstate traffic. mine whether his authorization should amended to clarify the description of en­ (c) Effective date. This section shall be revoked and the department will fully closures. As so amended, paragraph (a) become effective at 12:01 p.m., January advise him of the facts which may war­ reads as follows: 17, 1964. rant such action. The manufacturer (d) Expiration date. The provisions § 29.3 Mailing enclosures of different will be given an opportunity to demon­ of this section shall expire at 11:59 p.m., classes. strate or achieve compliance with all the April 30,1964, unless otherwise modified, lawful requirements within a reason­ (a) Enclosures mailed with second- changed, suspended or annulled by order able, specified time limit. class and controlled circulation publica­ of this Commission. tions— (1) First- and third-class enclo­ Note: The corresponding Postal Manual (S ecs. 1, 12, 15, 24 S ta t. 379, 383, 384, as sures. Separate and independent letters sectio n is 143.813. a m e n d e d ; 49 U .S .C . 1, 12, 15. Interprets or or other first- or third-class mail may (R .S . 161, as a m e n d e d : 5 U .S .C . 22, 39 U .S .C . applies secs. 1(10-17), 15(4), 40 Stat. 101, as be mailed as enclosures with second-class 501) a m e n d e d , 54 S tat. 911; 49 TJ.S.C. 1(10-17), and controlled circulation publications. Louis J. D oyle, 1 5 (4 )) (2) Payment of postage. Postage at General Counsel. the appropriate first- or single piece It is further ordered, That co p ies of [F.R. Doc. 64-624; Filed, Jan. 22, 1964; this order and direction shall be served, third-class rate must be paid for each 8:49 a m . ] separate enclosure. Pieces of related upon the State Corporation C o m m is­ matter enclosed with a publication as sion of Kansas and upon the Association a unit may be regarded as a single en­ of American Railroads, Car Service D iv i­ closure for purpose of computing post­ Title 49— TRANSPORTATION sion, as agent of the railroads su b sc rib ­ age. The postage may be placed on the ing to the car service and per diem agree­ enclosure by using precanceled or meter Chapter I— Interstate Commerce ment pnder the terms of that a g re e m e n t; stamps, or the postage may be placed on Commission and that notice of this order s h a ll be the outside envelope, wrapper, or cover. given to the general public by deposit­ SUBCHAPTER A— GENERAL RULES AND Postage at the second-class pound or per ing a copy in the office of the S ecretary REGULATIONS copy rates or postage at the controlled of the Commission at Washington, D.C., circulation rates/must be paid on the [S .O . 948] and by filing it with the Director, Office of the Federal Register. publication in the manner prescribed by PART 95— CAR SERVICE part 16 of this chapter. When postage By the Commission, Safety and Serv­ at the transient second-class rate is paid Authorization for the Chicago, Rock ice Board No. 1. on the publication, follow the procedure Island and Pacific Railroad Com­ [ s e a l ] H a r o l d D. M c C o y , in paragraph (b) of this section.' pany To ‘Operate Over Trackage of Secretary. (3) Marking required. When postage Union Pacific Railroad for the enclosure is placed on the outside [FJt. Doc. 64-620; Filed, Jan, 22, 1964; envelope, wrapper, or cover of a publi­ At a session of the Interstate Com­ 8:48 a .m .] cation, the mailer must mark each piece merce Commission, Safety and Service as required by § 29.3(b) (5). Board No. 1, held in Washington, D.C., [S .O . 949] on the 17th day of January A.D. 1964. N ote: The corresponding Postal Manual It appearing, that under and by virtue » PART 95— CAR SERVICE section is 139.3. of an order of the United States District Court, for the District of Kansas, dated Authorization for the Atchison, To­ PART 33— METERED STAMPS January 7, 1964, operations of the Union peka and Santa Fe Railway Com­ Pacific Railroad Company on its Junc­ pany To Operate Over T ra c k a g e o XVI. In § 33.6, paragraph (b) istion City Branch between Junction City Union Pacific Railroad amended to limit the places for mailing and Concordia, Kansas, must cease at metered mail. As so amended, para­ noon, January 17,1964, and that the Chi­ At a session of the Interstate Com­ merce Commission, Safety and Servie graph (b) reads as follows: cago, Rock Island and Pacific Railroad Thursday, January 23, 1964 FEDERAL REGISTER 565

Board No. 1, held in Washington* D.C., as amended, 54 Stat. 911; 49 U.S.C. 1(10-17), trary to the public interest and that good on the 17th day of January A.D. 1964. 1 5 (4 ) ) cause exists for making this order effec­ It appearing, that under and by virtue It is further ordered, That copies of tive upon less than thirty days’ notice. of an order of the United States Dis­ this order and direction shall be served It is ordered, That: trict Court, for the District of Kansas, upon the State Corporation Commission § 95.950 Section Order 950. dated January 7, 1964, operations of the of Kansas and upon the Association of Union Pacific Railroad Company on its American Railroads, Car Service Divi­ (a) The Chicago, Burlington & Quincy Junction City Branch between Junc­ sion, as agent of the railroads subscribing Railroad authorized to operate over tion City and Concordia, Kansas, must to the car service and per diem agree­ trackage of Union Pacific Railroad. The cease at noon, January 17,1964, and that ment under the terms of that agreement; Chicago*, Burlington & Quincy Railroad the Atchison, Topeka and Santa Pe and that notice of this order shall be be, and it is hereby authorized to oper­ Railway Company has requested au­ given to the general public by depositing ate over trackage of the Union Pacific thority to operate over trackage of the a copy in the office of the Secretary of Railroad beginning at point of inter­ Union Pacific Railroad at Miltonvale, the Commission at Washington, D.C., change between the Chicago, Burlington Kansas to serve Union Pacific Railroad and by filing it with the Director, Office & Quincy Railroad and the Union Pacific industries at that point. The Commis­ of the Federal Register. Railroad at Concordia, Kansas to serve sion is of the opinion that there is need industries located on Union Pacific Rail­ for service over this line of railroad and By the Commission, Safety and Serv­ ice Board No. 1. road trackage at Concordia Kansas. that operation of this line will best pro­

A p p e n d i x ( P r o p o s e d R e g u l a t i o n s ) shall govern in determining a deductible deduction under section 165(a) may, un­ loss. der certain circumstances, elect to deduct In order to conform the Income Tax ***** such loss for the taxable year immediate­ Regulations (26 CFR Part 1) under sec­ ly preceding the taxable year in which tion 165 of the Internal Revenue Code (d) Year of deduction. (1) A loss shall be allowed as a deduction under the disaster actually occurred. of 1954 to section 2 of the Act of March (b) Loss subject to election. The elec­ 31,1962 (Public Law 87-426, 76 Stat. 51), section 165(a) only for the taxable year in which the loss is sustained. For this tion provided by section 165(h) and this and to make a clarifying change in such section applies only to a loss: regulations under section 461 of such purpose, a loss shall be treated as sus­ (1) Arising from a disaster resulting Code, the regulations are amended as tained during the taxable year in which the loss occurs as evidenced by closed in a determination referred to in sub- follows: paragraph (2) of this paragraph and P a r a g r a p h 1. Section 1.165 is amended and completed transactions and as fixed occurring after December 31, 1961, and by redesignating subsection (h) of sec­ by identifiable events occurring in such during the period following the close of a tion 165 as subsection ( i ) , by adding after taxable year. For provisions relating to particular taxable year of the taxpay­ subsection (g) of section 165 a new sub­ situations where a loss attributable to a er and on or before the due date for section (h ), and by revising the historical disaster will be treated as sustained in filing the income tax return for that tax­ note. These amended and added provi­ the taxable year immediately preceding able year (determined without regard to sions read as follows: the taxable year in which the disaster actually occurred, see section 165(h) and any extension of time granted the tax­ § 1.165 Statutory provisions; disaster payer for filing such return), § 1.165-11. losses. (e) Limitation on losses of in­ (2) Occurring in an area subsequently S e c . 165. Losses. • * * dividuals. * * * determined by the President of the Unit­ ( h ) Disaster losses. Notwithstanding the ed States to warrant assistance by the (3) Losses of property not connected p ro v isio n s o f su b se c tio n ( a ) , a n y loss Federal Government under sections with a trade or business and not in­ (1) Attributable to a disaster which oc­ 1855—1855g of title 42 of the United curs during the period following the close curred in any transaction entered into States Code, and of the taxable year and on or before the for profit, if such losses arise from fire, (3) Constituting a loss arising from time prescribed by law for filing the income storm, shipwreck, or other causalty, or ‘fire, storm, shipwreck, or other casualty, tax return for the taxable year (determined from theft, and if the loss involved has and otherwise allowable as a deduction without regard to any extension of time), not been allowed for estate tax purposes a n d for the year in which the loss occurred in the estate tax return. For additional (2) Occurring in an area subsequently de­ under section 165(a) and those provi­ provisions pertaining to the allowance termined by the President of the United sions of §§ 1.165-1 through 1.165-10 of casualty and theft losses, see §§1.165-7 States to warrant assistance by the Federal which are applicable to casualty losses. G o v e rn m e n t u n d e r section s 1855—1855g o f and 1.165-8, respectively. For special (c) Amount of loss to which election t it le 42, rules relating to an election by a tax­ applies; The amount of the loss to at the election of the taxpayer, may be de­ payer to deduct disaster losses in the which section 165(h) and this section ducted for the taxable year immediately pre­ taxable year immediately preceding the ceding the taxable year in which the dis­ apply shall be the amount of the loss sus­ taxable year in which the casualty oc­ tained during the period specified in par­ aster occurred. Such deduction shall not be curred, see section 165(h) and § 1.165- in excess of so much of the loss as would agraph (b) (1) of this section computed have been deductible in the taxable year in 11. in accordance with the provisions of which the casualty occurred. If an elec­ P a r . 3. Paragraph (a) (1) of § 1.165-7 section 165 and those provisions of tion is made under this subsection, the is amended to read as follows: §§ 1.165-1 through 1.165-10 which are casualty resulting in the loss will be deemed § 1.165—7 Casually losses. applicable to casualty losses. However, to have occurred in the taxable year for for purposes of making such computa­ which the deduction is claimed. (a) In general— (1) Allowance of de­ tion, the period specified in paragraph ( i ) Cross references. (1) For special rule duction. Except as otherwise provided for banks with respect to worthless securities, (b) (1) of this section shall be deemed to in paragraph (c) of this section, any loss see section 582. be a taxable year. (2) For disallowance of deduction for arising from fire, storm, shipwreck, or (d) Scope and effect of election. An worthlessness of securities to which sub­ other casualty is. allowable as a deduc­ election made pursuant to section 165(h) section (g) (2) (C) applies, if issued by a tion under section 165(a) for the taxable and this section in respect of a loss aris­ political party or similar organization, see year in which the loss is sustained. How­ ing from a particular disaster shall apply section 271. ever, see § 1.165-6, relating to farming (3) For special rule for losses on stock to the entire loss sustained by the tax­ losses, and § 1.165-11, relating to an elec­ payer from such disaster during the pe­ in a small business investment company, see tion by a taxpayer to deduct disas'ter section 1242. riod specified in paragraph (b) (1) of this (4) For special rule for losses of a small losses in the taxable year immediately section in the area specified in paragraph business investment company, see section preceding the taxable year in which the (b) (2) of this section. If such an elec­ 1243. casualty occurred. The manner- of de­ tion is made, the casualty to which the (5) For special rule for losses on small termining the amount of a casualty loss election relates will be deemed to have business stock, see section 1244. allowable as a deduction in computing occurred in the taxable year immediately [Sec. 165 as amended by secs. 7 and 57(c) (1 ), taxable income under section 63 is the preceding the taxable year in which the Technical Amendments Act 1958 (72 Stat. same whether the loss has been incurrred casualty actually occurred, and the loss 1608, 1646); sec. 202(a), Small Business Tax in a trade or business or in any trans­ to which the election applies will be Revision Act of 1958 (72 Stat. 1676); sec. 2, action entered into for profit, or whether deemed to have been sustained in such Act of March 31, 1962 (Pub. Law 87-426, 76 it has been a loss of property not con­ Stat. 51) ] preceding taxable year. nected with a trade or business and not (e) Time and manner of making elec­ P a r . 2. Section 1.165-1 is amended incurred in any transaction entered into tion. An election to claim a disaster by revising paragraph (b ), paragraph (d) for profit. The amount of a casualty loss loss deduction for the taxable year im­ (1), and paragraph (e)(3). These shall be determined in accordance with mediately preceding the taxable year in amended provisions read as follows: paragraph (b) of this section. For other which the disaster actually occurred rules relating to the treatment of de­ § 1.165—1 Losses. shall be made by filing a return showing ductible casualty losses, see § 1.1231-1, clearly that the election provided by ***** relating to the involuntary conversion of section 165(h) has been made. In gen­ (b) Nature of loss allowable. To beproperty. eral the return should specify the date allowable as a deduction under section P a r . 4. There is added immediately or dates of the disaster which gave rise 165(a), a loss must be evidenced by closed after § 1.165-19 the following new to the loss, and the city, town, county and completed transactions, fixed by section: and state in which the property whicn identifiable events, and, except as other­ § 1.165—11 Election in respect o f losses was damaged or destroyed was located wise provided in section 165(h) and attributable to a disaster. at the time of the disaster. An election in § 1.165-11, relating to disaster losses, respect of a loss arising from a particu­ actually sustained during the taxable (a) In general. Section 165(h) pro­ lar disaster must be made on or before year. Only a bona fide loss is allow­ vides that a taxpayer who has sustained able. Substance and not mere, form a disaster loss which is allowable as a the due date for filing the income ta Thursday, January 23, 1964 FEDERAL REGISTER 569 return for the taxable year immediately Proposed by the Northwestern Coop­ to 11 miles west of the TACAN; within preceding, the taxable year in which the erative Sales Association: 2 miles each side of the Galena TACAN disaster actually occurred determined Proposal No. 6. Amend the payment 090° True radial, extending from the with regard to any extension of time provisions of the order (section 70 et 5-mile radius zone to 8 miles east of granted the taxpayer for filing such seq.) and make other conforming the TACAN, and within 2 miles each return. An election shall be irrevocable changes to provide for the payment by side of the 089° True bearing from after such due date. handlers to the market administrator of the Galena radio range, extending from the full utilization value of all producer the 5-mile radius zone to 11.5 miles east P ar. 5. Paragraph (a) (3) (iil) of milk received by them during the month­ § 1.461-1 is amended to read as follows: ’ of the radio range. ly delivery period for both the advance 2. Alter the Galena transition area § 1.461—1 General rule for taxable yfear payment and final payment. Provide for be redesignating it as that.airspace ex­ of'deduction. such handler payments to be made on the tending upward from 700 feet above the (a ) General rule. * * * £ 27th and 13th of the month and pro­ surface within 2 miles each side of the ■ (3) * * * vide for the market administrator to Galena TACAN 257° True radial, ex­ (iii) For special rules relating to cer­ distribute such monies to associations tending from 11 miles to 12 miles west tain deductions, see the following sec­ and producers. of the TACAN; and that airspace ex­ tions and the regulations thereunder: Copies of this notice of postponement tending upward from 1,200 feet above Section 1481, relating to accounting for of hearing and supplemental notice of the surface within a 32-mile radius of amounts repaid in connection with re­ hearing and the orders may be obtained the Galena radio range; and that air­ negotiation of a government contract; from the Market Administrator, Fred space extending upward from 14,500 feet section 1341, relating to the computation W. Issler at either 312 Davis Building, MSL within 14 miles southwest and 27 of tax where the taxpayer repays a sub­ 147 Michigan Street, Toledo 2, Ohio, or miles northeast of the Galena TACAN stantial amount received under a claim the I.B.M. Building, 675 West Market 128° True radial, extending from the of right in a prior taxable year; section Street, , Ohio, 45801, or from the 32-mile radius area to 75 miles south­ 165(e), relating to losses resulting from Hearing Clerk, Room 112, Administra­ east of the TACAN. The portion of theft; and section 165(h), relating to an tion Building, United States Department this transition area with a floor of election of the year of deduction of dis­ of Agriculture, Washington, D.C., 20250, 14.500 feet MSL would be excluded from aster losses. or may be there inspected. Federal airways. [F.R. Doc. 64-636; F ile d , J a n . 22, 1964; Signed at Washington, D.C., on Jan­ The floors of the airways which tra­ 8:51 a .m .j uary 17,1964. verse the transition area proposed here­ in would automatically coincide with C l a r e n c e H. G i r a r d , the floors of the transition area. Deputy Administrator, The actions proposed herein would, in DEPARTMENT OF AGRICULTURE Regulatory Programs. part, enlarge the control zone at Galena [F .R . D oc. 64-616; F ile d , J a n . 22, 1964; by the addition of control zone exten­ Agricultural Marketing Service 8 :4 7 a m . ] sions east and west of Galena. These CFR Parts 1037, 1041 1 extensions would provide protection for 17 aircraft executing prescribed instrument [Docket Nos. AO-72-A26, AO-197-A10] approach and departure procedures at FEDERAL AVIATION AGENCY Galena. The portions of the Galena MILK IN TOLEDO, OHIO, AND NORTH E 14 CFR Part 71 [New] ] transition area with a floor of 700 feet CENTRAL OHIO MARKETING AREAS above the surface would provide protec­ [A irs p a c e D o c k e t N o . 63—AD -1 8 ] tion for aircraft executing the portions Notice of Postponement of Hearing of the prescribed instrument approach and Supplemental Notice of Hear­ CONTROL ZONE AND TRANSITION and departure procedures conducted be­ ing on Proposed Amendments to AREA yond the limits of the Galena control zone. The portion of the transition Tentative Marketing Agreements Proposed Alteration area with a floor of 1,200 feet above the and Orders Notice is hereby given that the Federal surface would provide protection for air­ Pursuant to the provisions of the Agri­ Aviation Agency (FAA) is considering craft executing the portions of the pre­ cultural Marketing Agreement Act of amendments to Part 71 [New] of the scribed instrument approach, departure 1937, as amended (7 U.S.C. 601 et seq.), Federal Aviation Regulations, the sub­ and holding procedures beyond the limits and the applicable rules of practice and stance of which is stated below. of the proposed 700 foot area and the procedure governing the formulation of The following controlled airspace is Galena control zone. The portion of the marketing agreements and marketing presently designated in the Galena, Alas­ transition area proposed with a floor of orders (7 CFR Part 900), notice is here­ ka, terminal area: 14.500 feet MSL would provide protection by given of the postponement of a public 1. The Galena control zone is desig­ for aircraft while executing the higher hearing on proposed amendments to the nated within a 5-mile radius of Galena altitude portions of prescribed instru­ tentative marketing agreements and to Airport (latitude 64°44'10" N., longitude ment jet penetration, holding, arrival the orders regulating the handling of 156°56'00" W .). and departure procedures to the Galena tolk in the Toledo, Ohio, and North 2. The Galena transition area is desig­ Airport. The portions of controlled air­ Central Ohio marketing areas which was nated as that airspace extending upward space retained, together with the addi­ scheduled to begin at 10:00 a.m.f local from 1,200 feet above the surface within tional portion proposed for designation time, on January 28,1964, at the Holiday a 32-mile radius of the Galena radio herein, would provide protection for air­ Route 120 at Ohio Turnpike Exit 5, range. craft executing prescribed holding, ap­ Stony Ridge, Ohio. The hearing is re­ The FÀA, having completed a compre­ proach, departure and radar vectoring scheduled to begin at 10:00 a.m., on Feb­ hensive review of the terminal airspace procedures within the Galena terminal ruary io, 1964, at the same place. structure requirements in the Galena area. Notice is also given that in addition area, including studies attendant to the No revisions to prescribed instrument to receiving evidence on the proposals implementation of thè provisions of CAR approach procedures would be required usted in the original notice of hearing Amendments 60-21/60-29, has under by the actions proposed herein. issued by the Deputy Administrator, consideration the following airspace Interested persons may submit such «egulatory Programs, on January 7, actions: written data, views or arguments as they p a n d published in the F e d e r a l 1. Alter the Galena control zone by may desire. Communications should be —egister on January 11, 1964 (29 F R . redesignating it as that airspace within submitted in triplicate to the Director, fvv ’ evidence will be received on the a 5-mile radius of Galena Airport Alaskan Region, Attn: Chief, Air Traffic Vri:10nal Proposal listed below, (latitude 64°44'10" N.. longitude 156°- Division, Federal Aviation Agency, 632 hoi 6 pr°P °se

30" W., to latitude 41°40'00" N., longi­ which adjoin the Providence/NAS Quon­ mitted in writing in accordance w it h this tude 72°08'00" W .; to latitude 41°55'00" set Point terminal area. The Providence notice in order to become part of the N., longitude 71°59'00" W .; to latitude control zone would be retained as pres­ record for consideration. The p ro p o sa l 41°47'45" N., longitude 71°46'40" W .; ently designated. contained in this notice may be ch an g e d thence clockwise along the arc of a 27- The actions proposed herein would, in the light of comments received. mile radius circle centered on the NAS in part, reduce the overall size of the The official Docket will be a v a ila b le Quonset Point VOR to latitude 41°56'35" presently designated control zones at for examination by interested persons N., longitude 71°26'00" W., to latitude NAS Quonset Point and New Bedford by at the Federal Aviation Agency, Office 42°04'00" N., longitude 71°19'00" W .; abbreviating the length of the two of the General-Counsel: Attention R ules to latitude 41°53'30" N., longitude 70°- existing NAS Quonset Point southeast Docket, 800 Independence Ave. SW., 56'30" W .; to latitude 41°42'00" N.( lon­ extensions and eliminating the existing Washington, D.C., 20553. An informal gitude 70°48'00" W .; to latitude 41°21'- New Bedford southwest extension. The docket will also be available for examiha- 00" N., longitude 70°48'00" W .; to the airspace surrounding .the Newport Air­ tion at the, office of the Regional Air point of beginning. The portions of this park has been proposed as a part of the Traffic Division Chief. transition area which would coincide altered NAS Quonset Point control zone (Sec. 307(a) and 1110, 72 Stat. 749 and 800; with R-4104, R-4105, Rr-5202 and R-5205 to enhance the safety of aircraft oper­ 49 U .S .C . 1348 a n d 1510, a n d E xecutive Order would be available for use only after ating at Newport Airpark. This action 10854, 24 F .R . 9565) obtaining prior approval from the ap­ has been coordinated with, and has the Issued in Washington, D.C., on Jan­ propriate authority. concurrence of, the Director of Aviation, uary 15, 1964. 2. Alter the Quonset Point control zone State of Rhode Island. H . B. H e l s t r o m , The proposed designation of transition by redesignating it as that airspace with­ Acting Chief, in a 5-mile radius of NAS Quonset Point areas in the Greater Providence/NAS Airspace Utilization Division. (latitude 41°35'55" N., longitude 71.°24'- Quonset Point terminal area would raise 50" W .), within 2 miles each side of the the floor of controlled airspace beyond a [F.R. Doc. 64-598; Filed, Jan. 22, 1964; NAS Quonset Point TACAN 151° True consolidated, irregularly configured area 8 :4 7 a m . ] radial, extending from the 5-mile radius with boundaries from 5 to 12 miles from zone to 7 miles southeast of the TACAN, Theodore Francis Green, NAS Quonset [1 4 CFR Part 71 [New] ] within 2 miles each side of the NAS Point, New Bedford Municipal, and Fall Quonset Point VOR 141° True radial, River Municipal Airports, and beyond the [Airspace Docket No. 63-SW-97] extending from the 5-mile radius zone to immediate vicinity of the Block Island FEDERAL AIRWAY 8 miles southeast of the VOR, within 2 and Trumbull Airports from 700 to 1,200 miles each side of the 145° True bearing feet above the surface. The portions of Proposed Alteration from the NAS Quonset Point RBN, ex­ controlled airspace released by the a c ­ Notice is hereby given that the Fed­ tending from the 5-mile radius zone to tions proposed would become available eral Aviation Agency is considering an 9 miles southeast of the RBN, and within for other aeronautical purposes. The amendment to Part 71 [New] of the Fed­ a 1-mile radius of Newport Airpark, New­ portions of controlled airspace proposed eral Aviation Regulations, the substance port, R.I. (latitude 41°31'50" N., longi­ for retention would provide protection of which is stated below. tude 71°17'00" W .), excluding that por­ for aircraft executing prescribed instru­ VOR Federal airway No. 114 north al­ tion within the Providence, R.I., control ment holding, arrival, departure and ra­ ternate is designated in part from Alex­ zone. dar vectoring procedures within the andria, La., to New Orleans, La., via the 3. Alter the New Bedford control zone Greater Providence/NAS Quonset Point intersection of Alexandria 105° and New by redesignating it within a 5-mile radius terminal area. Orleans 326° True radiais. The Federal of the New Bedford Municipal Airport Certain minor revisions to prescribed Aviation Agency is considering the re­ (latitude 41°40'37" N., longitude 70°57'- instrument procedures would be effected designation of. this segment of Victor 34" W .).. in conjunction with the actions proposed 114 north alternate from Alexandria to 4. Designate the Block Island, R.I., herein, but operational complexities New Orleans via the intersection of the transition area as that airspace extend­ would not be increased nor would aircraft Alexandria 109° and New Orleans 312° ing upward from 700 feet above the sur­ performance characteristics or present True radiais. The airway width would face within a 4-mile radius of Block Is­ landing minimums be adversely affected. be expanded to 11 miles wide from 45 land Airport (latitude 41°10,05" N., lon­ Specific details of the changes to pro­ nautical miles from Alexandria to 50 gitude 71°34'40" W.>, and within 2 miles cedures and minimum instrument flight nautical miles from Alexandria, thence each side of the 264° True bearing from rules altitudes that would be required 12 miles wide to the intersection of Alex­ the Block Island RBN (latitude 41°10'- may be examined by contacting the andria 109° and New Orleans 312° True 07" N., longitude 71°36'23" W .) ex­ Chief, Airspace Utilization Branch, Air radiais, thence as a 15-mile wide airway tending from the 4-mile radius area to Traffic Division, Eastern Region, Federal to 65 nautical miles from New Orleans, 10 miles west of the RBN. Aviation Agency, New York International thence decreasing in width in graduated 5. Designate the Groton, Conn., transi­ Airport, Federal Building, , New steps of one mile for every 5 nautical tion area as that airspace extending up­ York, 11430. miles to 45 nautical miles from New ward from 700 feet above the surface Interested persons may submit such Orleans. within an 8-mile radius of Trumbull Air­ written data, views or arguments as they The Walker Intersection (intersection port, Groton, Conn, (latitude 41° 19'50" may desire. Communications should be of Baton Rouge, La., 087° and New N., longitude 72°02'50" W .), and within submitted in triplicate to the Director, Orleans 312° True radiais) is the in­ 2 miles each side of the 216° and 244° Eastern Region, Attn: Chief, Air Traf­ bound clearance limit and holding point True bearing from-the Groton RBN, ex­ fic Division, Federal Aviation Agency, for aircraft destined for Baton Rouge tending from the 8 mile radius area to 8 Federal Building, New York Interna­ from New Orleans. The proposed re­ miles southwest of the RBN. tional Airport, Jamaica, N.Y., 11430. All alignment of Victor 114 north alternate The floors of the airways which tra­ communications received within forty- would align this airway segment via the verse the transition areas proposed here­ five days after ^publication of this notice Walker Intersection and reduce this in and the floors of the portions of Con­ in the F e d e r a l R e g i s t e r will be con­ route mileage between New Orleans and trol 1169 and the Quonset Point, Boston sidered before action is taken on the Baton Rouge. It would also reduce the and Westhampton control area exten­ proposed amendment. No public hear­ mileage between New Orleans an d Alex­ sions, which coincide with the proposed ing is contemplated at this time, but andria via Victor 114 north alternate. transition areas, would automatically as­ arrangements for informal conferences The proposed increased airway width sume a floor coincident with the floors with Federal Aviation Agency officials would provide additional protection for proposed for the transition areas. The may be made by contacting the Regional aircraft operating along this airway seg­ revocation of the aforementioned control Air Traffic Division Chief, or the Chief, ment when more than 45 nautical miles area extensions will be considered at a Airspace Utilization Division, Federal from Alexandria and New Orleans. later date as a part of the CAR Amend­ Aviation Agency, Washington, D.C. Any Interested persons may submit sucn ments 60-21/60-29 implementation pro­ data, views or arguments presented dur­ written data, views or arguments as they grams proposed for-the terminal areas ing such conferences must also be sub­ may desire. Communications should oe Thursday, January 23, 1964 FEDERAL REGISTER 573 submitted in triplicate to the Director, will be considered before action is taken be submitted in writing in accordance Southwest Region, Attn: Chief, Air Traf­ on the proposed amendment. No public with this notice in order to become part fic Division, Federal Aviation Agency, hearing is contemplated at this time, of the record for consideration. The p.O. Box 1689, Fort Worth, Texas, 76101. but arrangements for informal confer­ proposal contained in this notice may be Ail communications received within ences with Federal Aviation Agency offi­ changed in the light of comments forty-five days after publication of this cials may be made by contacting the Re­ received. notice in the F e d e r a l R e g i s t e r will be gional Air Traffic Division Chief, or the The official Docket will be available for considered before action is taken on the Chief, Airspace Utilization Division, Fed­ examination by interested persons at the proposed amendment. No public hear­ eral Aviation Agency, Washington, D.C. Federal Aviation Agency, Office of the ing is contemplated at this time, but ar­ Any data, views or arguments presented General Counsel: Attention Rules Dock­ rangements for informal conferences during such conferences must also be et, 800 Independence Avenue SW., with Federal Aviation Agency officials submitted in writing in accordance with Washington, D.C., 20553. An informal may be made by contacting the Regional this notice in order to become part of the docket will also be available for examina­ Air Traffic Division Chief, or the Chief, record for consideration. The proposal tion at the office of the Regional Air A irspace Utilization Division, Federal contained in this notice may be changed Traffic Division Chief. Aviation Agency, Washington, D.C., in the light of comments received. This amendment is proposed under 20553. Any data, views or arguments The official Docket will be available section 307(a) of the Federal Aviation presented during such conferences must for examination by interested persons at Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). also be submitted in writing in accord­ the Federal Aviation Agency, Office of Issued in Washington, D.C., on Janu­ ance with this notice in order to become the General Counsel: Attention Rules ary 15, 1964. part of the record for consideration. Docket, 800 Independence Avenue SW., H . B . H e l s t r o m , The proposal contained in this notice Washington, D.C., 20553. An informal Acting Chief, may be changed in the light of comments docket will also be available for exami­ Airspace Utilization Division. received. nation at the office of the Regional Air The official Docket will be available Traffic Division Chief. [F.R. Doc, 64-601; Filed, Jan. 22, 1964; for examination by interested persons at This amendment is proposed under 8 :4 7 a .m .j the Federal Aviation Agency, Office of section 307(a) of the Federal Aviation the General Counsel: Attention Rules Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). Docket, 800 Independence Avenue SW., [14 CFR Part 71 [New] ] Washington, D.C* 20553. An informal Issued in Washington, D.C., on Janu­ ary 15, 1964. [Airspace Docket No. 63-WE-20] docket will also be available for exami­ H . B . H e l s t r o m ,' nation at the office of the Regional Air CONTROL ZONES, TRANSITION Acting Chief, Traffic Division Chief. Airspace Utilization Division. AREAS, AND CONTROL AREA EX­ This amendment is proposed under TENSION section 307(a) of the Federal Aviation [F.R. Doc. 64-600; Filed, Jan. 22, 1964; Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). 8 :4 7 a.m .j Alteration of Proposal Issued in Washington, D.C., on Janu­ In a notice of proposed rule making ary 15,1964. [14 CFR Part 71 [New] ] published in the F e d e r a l R e g i s t e r Au­ H . B . H e l s t r o m , [Airspace Docket No. 63-WE-112] gust 16,1963 (28 F.R. 8416), it was stated Acting Chief, that the Federal Aviation Agency pro­ Airspace Utilization Division. SEGMENT OF FEDERAL AIRWAY posed to alter the control zones at Fair- [F.R. Doc. 64-599; F ile d , J a n .. 22, 1964; Proposed Revocation child AFB and Spokane International 8 :4 7 a m . ] Airport, designate transition areas at Notice is hereby given that the Federal Spokane and Coeur d’Alene, Idaho, and Aviation Agency (FAA) is considering an revoke the Spokane control area exten­ [ 14 CFR Part 71 [New] ] amendment to Part 71 [New] of the Fed­ sion. [Airspace Docket No. 63-SW-104] eral Aviation Regulations, the substance Subsequent to the publication of the of which is stated below. notice, the prescribed ADF instrument FEDERAL AIRWAY The FAA has under consideration the approach procedure at Coeur d’Alene Proposed Revocation revocation of the segment of VOR Fed­ Airport was altered. Therefore, to pro­ eral airway No. 74 which is designated vide protection for aircraft executing the Notice is hereby given that the Federal from Hugo, Colorado, to Garden City, altered approach procedure it is pro­ Aviation Agency (FAA) is considering an Kansas. The latest FAA IFR peak-day posed herein to enlarge the proposed amendment to Part 71 [New! of the airway traffic survey shows only five air­ Coeur d’Alene transition area by the ad­ Federal Aviation Regulations, the sub­ craft operations on this segment of V-74. dition of an 8-mile extension with a stance of which is stated below. Therefore, it appears that this airway floor of 700 feet above the surface and V O R Federal airway No. 482 is des­ segment is unjustified as an assignment 2 miles each side of the prescribed ADF ignated from Las Vegas, N. Mex. via of airspace. final approach course. In addition, the Clayton, N. Mex., to Liberal, Kansas. Interested persons may submit such FAA has determined that portions of The FAA has under consideration the written data, views or arguments as they the proposed Spokane transition area revocation of this airway as it appears may desirë. Communications should be northwest and southeast of Spokane that it is no longer required for air traffic submitted in triplicate to the Director, could be raised from 1,200 feet above the control purposes. The latest FAA IFR Western Region, Attn: Chief, Air Traffic surface to 7,000 feet and 6,000 feet MSL peak day airway traffic survey showed Division, Federal Aviation Agency, 5651 with no adverse effect on instrument only four aircraft' movements for the West Avenue, P.O. Box flight activity. segment of V-482 from Las Vegas to 90007, Airport Station, " , Accordingly, the notice is hereby Clayton and three aircraft movements Calif., 90009. All communications re­ amended to propose the Coeur d’Alene *or the segment from Clayton to Liberal. ceived within forty-five days after pub­ transition area as that airspace extend­ Therefore, it appears that this airway is lication of this notice in tlie F e d e r a l ing upward from 700 feet above the sur­ unjustified as an assignment of airspace. R e g i s t e r will be considered before action face within a 5-mile radius of Coeur Interested persons may submit such is taken on the proposed amendment. d’Alene Air Terminal (latitude 47°46'30" written data, views or arguments as they No public hearing is contemplated at this N., longitude 116°49'05" W .), and within may desire. Communications should be time, but arrangements for informal con­ 2 miles each side of the 181° and 347° ubmitted in triplicate to the Director, ferences with Federal Aviation Agency True bearings from latitude 47*41*30" oouttiwest Region, Attn: Chief, Air officials may be made by contacting the N., longitude 116°47’34" W., extending raffle Division, Federal Aviation Agency, Regional Air Traffic Division Chief, or from the 5-mile radius area to 8 miles ifiim B° X 1689’ Porth Worth, Texas, the Chief, Airspace Utilization Division, south of latitude 47 °41'30" N., longitude .*{|r ^ communications received Federal Aviation Agency, Washington, 116°47'34" W. forty-five days after publication D.C. Any data, views or arguments pre­ The proposed Spokane transition area this notice in the F e d e r a l R e g i s t e r sented during such conferences must also would be designated as that airspace ex- 574 PROPOSED RULE MAKING

tending upward from 700 feet above the [ 14 CFR Part 71 [New] ] may be made by contacting the Regional surface within a 15-mile radius of Spo­ Air Traffic Division Chief, or the Chief, [Airspace Docket No. 63-CE-98] kane International Airport (latitude Airspace Utilization Division, Federai 47°37'35" N., longitude 117°32'05” W.) ; TRANSITION AREA Aviation Agency, Washington, D.C. Any and that airspace extending upward data, views or arguments presented from 1,200 feet above the surface within Proposed Designation during such conferences must also be a 52-mile radius of Fairchild AFB, Spo­ Notice is hereby given that the Fed­ submitted in writing in accordance with kane, Wash, (latitude 47°36'55” N., lon­ eral Aviation Agency (FAA) is consid­ this notice in order to become part of gitude 117°39'20” W .), extending clock­ ering an amendment to Part 71 [New] of the record for consideration. The pro­ wise from the 024° True radial to a line the Federal Aviation Regulations, the posal contained in this notice may be 5 miles south of and parallel to the Spo­ substance -of which is stated below. changed in the light of comments kane VORTAC 094° True radial; within To implement the provisions of CAR received. a 38-mile radius of Fairchild AFB ex­ Amendments 60-21/60-29 in the Great The official Docket will be available tending clockwise from a line 5 miles Bend, Kans., terminal area, the FAA for examination by interested persons south of and parallel to the Spokane has under consideration the designa­ at the Federal Aviation Agency, Office of VORTAC 094° True radial to a line 5 tion of a transition area at Great Bend. the General Counsel: Attention Rules miles northeast of and parallel to the The proposed transition area would be Docket, 800 Independence Avenue SW., Spokane VORTAC 156° True radial; designated as that airspace extending Washington, D.C., 20553. An informal within a 52-mile radius of Fairchild AFB, upward from 700 feet above the surface docket will also be available for exami­ extending clockwise from a line 5 miles within a 7-mile radius of Great Bend nation at the office of the Regional Air northeast of and parallel to the Spokane Municipal Airport (latitude 38°20'50" N., Traffic Division Chief. VORTAC 156° True radial to the Spo­ longitude 98°52'00” W .), and within 2 This amendment is proposed under kane VORTAC 300° True radial; within miles each side of the 305° True bearing section 307(a) of the Federal Aviation a 38-mile radius of Fairchild AFB, ex­ from the Great Bend Municipal Airport, Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). tending clockwise from the Spokane extending from the 7-mile radius area Issued in Washington, D.C., on Janu­ VORTAC 300° True radial to the 024° to 10 miles northwest of the airport; and ary 14,1964. True radial; and that airspace south of that airspace extending upward from H . B . H e l s t r o m , Spokane extending from the 52-mile ra­ 1,200 feet above the surface within 5 Acting Chief, dius area bounded on the east by longi­ miles northeast and 8 miles southwest Airspace Utilization Division. tude 117°32'00” W., on the south by Vic­ of the 305° True bearing from Great [F.R. Doc. 64-604; Filed, Jan. 22, 1964; tor 536, and on the west by Victor 281 k Bend Municipal Airport, extending from 8 :4 7 a .m .] that airspace extending upward from the airport to 14 miles northwest of the 7.000 feet M SL within the area bounded airport. This transition area would pro­ by the arcs of 38 and-52-mile radius cir­ vide protection for aircraft executing [14 CFR Part 71 [New] 1 cles centered on Fairchild AFB, extend­ prescribed instrument holding, ap­ [Airspace Docket No. 63-CE-120] ing clockwise from the Spokane VOR­ proach and departure procedures at the TAC 300° to the 024° True radials; and Great Bend Municipal Airport. TRANSITION AREA that airspace extending upward from The floors of the airways which tra­ 6.000 feet MSL within the area bounded verse the transition area proposed herein Proposed Alteration by the arcs of 38 and 52-mile radius cir­ would automatically assume floors coin­ Notice is hereby given that the Federal cles centered on Fairchild AFB, extend­ cident with the floors of the transition Aviation Agency (FAA) is considering ing clockwise from a line 5 miles south area. an amendment to Part 71 [New] of the of and parallel to the Spokane VORTAC Communications service within the Federal Aviation Regulations, the sub­ 094° True radial to a line 5 miles north­ proposed transition area would be pro­ stance of which is stated below. east of and parallel to the Spokane VOR­ vided by the FAA’s remote communica­ The Hays, Kans., transition area is TAC 156° True radial, excluding the por­ tions facilities located at Hutchinson, presently designated as that airspace ex­ tion within a 39-mile radius of Larson Kans., which are controlled by the Kan­ tending upward from 700 feet above the AFB, Moses Lake, Wash. sas City Air Route Traffic Control Center. surface within 10 miles east and 7 miles The description of the proposed con­ Certain minor revisions to prescribed west of the 176° and 356° True bearings trol zones and the alteration and revo­ instrument procedures would accom­ from the Hays Airport (latitude 38°51'- cation of Federal airways would remain pany the actions proposed herein, but 00” N., longitude 99°16'30” W .), extend­ as originally proposed in the Notice. operational complexities would not be ing from 9 miles north to 20 miles south In order to provide interested persons increased nor would aircraft perform­ of the airport. time to adequately evaluate this proposal, ance characteristics or established land­ To implement the provisions of CAR as modified herein, and an opportunity ing minimums be adversely affected. Amendments 60-21/60-29 in the Hays, to submit additional written data, views Specific details of the changes to pro­ Kans., terminal area the FAA has under or arguments, the date for filing such cedures and minimum instrument flight consideration the alteration of the exist­ material is hereby extended to January rules altitudes that would be required ing Hays transition area. The altered 30, 1964. Communications should be may be examined by contacting the Hays transition area would be designated submitted in triplicate to the Director, Chief, Airspace Utilization Branch, Air as that airspace extending upward from Western Region, Attention: Chief, Air Traffic Division, Central Region, Federal 700 feet above the surface within a 6- Traffic Division, Federal Aviation Agen­ Aviation Agency, 4825 Troost Avenue, mile radius of the Hays Municipal Air­ cy, 5651 West Manchester Avenue, P.O. Kansas City, Mo., 64110. port (latitude 38°51'00” N., longitude Box 90007, Airport Station, Los Angeles, Interested persons may submit such 99°16'30” W .), and that airspace ex­ Calif., 90009. written data, views or arguments as they tending upward from 1,200 feet above This amendment is proposed under may desire. Communications should be the surface within 8 miles east and 5 section 307(a) of the Federal Aviation submitted in triplicate to the Director, miles west of the 176° True bearing from Agency Act of 1958 (72 Stat. 749; 49 Central Region, Attn: Chief, Air Traffic Hays Municipal Airport, extending from Division, Federal Aviation Agency, 4825 the airport to 18 miles south of the U.S.C. 1348). Troost Avenue, Kansas City, Mo., 64110. airport. Issued in Washington, D.C., on Janu­ All communications received within The floors of the airways which tra­ ary 15,1964. _ forty-five days after publication of this verse the transition area proposed herein H . B . H e l s t r o m , notice in the F e d e r a l R e g i s t e r will be would automatically assume floors coin­ Acting Chief, considered before action is taken on the cident with the floors of the transition Airspace Utilization Division, proposed amendment. No public hear­ area. ing is contemplated at this time, but This transition area would provide [F .R . D oc. 64-603; H i e d , J an . 22, 1964; arrangements for informal conferences protection for aircraft executing pre­ 8 :4 7 a o n .] with Federal Aviation Agency officials scribed instrument holding, approach Thursday, January 23, 1964 FEDERAL REGISTER 575 and departure procedures at the Hays [ 14 CFR Part 71 [New] ] Certain minor revisions to prescribed M u n ic ip a l A irp o rt. Communications instrument procedures would accompany [Airspace Docket No. 63-EA-66] service is currently provided within the the actions proposed herein, but opera­ transition area proposed for designation TRANSITION AREA tional complexities would not be in­ herein by the FAA’s remote communica­ creased nor would aircraft performance tions facilities located at Natoma, Kans., Proposed Designation characteristics or established landing which are controlled by the Kansas City Notice is hereby given that the Federal mínimums be adversely affected. Air R o u t e Traffic Control Center. The Aviation Agency (FAA) is considering Specific details of the changes to pro­ action proposed would reduce the lateral an amendment to Part 71 [New] of the cedures and minimum instrument flight extent o f the presently designated Hays Federal Aviation Regulations, the sub­ rules altitudes that would be required transition area and raise the floor of stance of which is stated below. may be examined by contacting the controlled airspace beyond the immedi­ To implement the provisions of CAR Chief, Airspace Utilization Branch, Air ate v ic in it y of Hays Municipal Airport Amendments 60-21/60-29 in the NAS Traffic Division, Eastern Region, Federal from 700 to 1,200 feet above the surface. Patuxent River, Md., terminal area, the Aviation Agency, New York International Certain minor revisions to prescribed FAA has under consideration the desig­ Airport, Federal Building, Jamaica, N.Y. instrument procedures would accompany nation of a transition area at Patuxent. Interested persons may submit such the actions proposed herein, but opera­ The proposed transition area would be written data, views or arguments as they tional complexities would not be in­ designated as that airspace extending may desire. Communications should be creased nor would aircraft performance upward from 700 feet above the surface submitted in triplicate to the Director, characteristics or established landing within a 14-mile radius of the NAS Eastern Region, Attn: Chief, Air Traffic mín im u m s be adversely affected. Patuxent River VOR, excluding the por­ Division, Federal Aviation Agency, Fed­ Specific details of the changes to pro­ tion northwest of a line extending from eral Building, New York International cedures and minimum instrument flight latitude 38°15'00" N., longitude 76°39'- Airport, Jamaica, N.Y., 11430. All com­ rules altitudes that would be required 20" W., to latitude 38°26'20" N., longi­ munications received within forty-five may be examined by contacting the tude 76°14'00" W .; and that airspace days after publication of this notice in Chief, Airspace Utilization Branch, Air extending upward from 1,200 feet above the F e d e r a l R e g i s t e r will be considered Traffic Division, Central Region, Federal the surface bounded by a line extending before action is taken on the proposed Aviation Agency, 4825 Troost Avenue, from latitude 37°55'30" N., longitude amendment. No public hearing is con­ Kansas City, Mo., 64110. 76°46'00" W. to latitude 37°44'40" N., templated at this time, but arrangements Interested persons may submit such longitude 75°58'05" W. to latitude 38°- for informal conferences with Federal written data, views or arguments as they 15'20" N., longitude 75°40'05" W . to Aviation Agency officials may be made by may desire. Communications should be latitude 38°16'10" N., longitude 75°42'- contacting the Regional Air Traffic Di­ submitted in triplicate to the Director, 20" W . to latitude 38°23'00" N., longi­ vision Chief, or the Chief, Airspace Utili­ Central Region, Attn: Chief, Air Traf­ tude 75°38'00" W. to latitude 38°57'00" zation Division, Federal Aviation Agency, fic Division, Federal Aviation Agency, N., longitude 75°53'00" W . to latitude Washington, D.C. Any data, views or 4825 Troost Avenue, Kansas City, Mo., 38°47'00" N., longitude 76°16'00" W . to arguments presented during such con­ 64110. All communications received latitude 38°14'00" N., longitude 76°46'- ferences must also be submitted in writ­ within forty-five days after publication 00" W . to latitude 38°14'00" N., longi­ ing in accordance with this notice in or­ of this notice in the F e d e r a l R e g i s t e r tude 77°04'00" W. to point of beginning. der to become part of the record for will be considered before action is taken The portions within R-4002, R-4005, Rr- consideration. The proposal contained on the proposed amendment. No public 4006, R-4007, R-4008 and Rr-6609 would in this notice may be changed in the light hearing is contemplated at this time, but be excluded. The portions within R - of comments received. arrangements for informal conferences 6611 and R-6613 would be useable only The official Docket will be available for with Federal Aviation Agency officials after obtaining prior approval from ap­ examination by interested persons at the may be made by contacting the Regional propriate authority. This transition Federal Aviation Agency, Office of the Air Traffic Division Chief, or the Chief, area would provide protection for air­ General Counsel: Attention Rules Docket, Airspace Utilization Division, Federal craft executing instrument holding, 800 Independence Avenue SW., Washing­ Aviation Agency, Washington, D.C., radar, and approach and departure pro­ ton, D.C., 20553. An informal docket 20553. Any data, views or arguments cedures prescribed at NAS Patuxent will also be available for examination at presented during such conferences must River. the office of the Regional Air Traffic Di­ also be submitted in writing in accord­ The floors of the airways which tra­ vision Chief. ance with this notice in order to become verse the transition area proposed herein This amendment is proposed under part of the record for consideration. and the floor of the portion of the Wash­ section 307(a) of the Federal Aviation The proposal contained in this notice ington, D.C., control area extension Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). may be changed in the light of comments which coincides with the proposed tran­ Issued in Washington, D.C., on Janu­ received. sition area would automatically assume ary 14, 1964. The official Docket will be available floors coincident with the floors of the H . B. H e l s t r o m , for examination by interested persons at transition area. The revocation of the Acting Chief, the Federal Aviation Agency, Office of Washington, D.C., control area extension Airspace Utilization Division. the General Counsel: Attention Rules will be processed at a later date upon the Docket, 800 Independence Avenue SW.f [F.R. Doc. 64-606; Filed, Jan. 22, 1964; completion of the CAR Amendments 8:47 a.m .j Washington, D.C., 20553. An informal 60-21/60-29 implementation programs (locket will also be available for exami­ for the terminal areas which adjoin the nation at the office of the Regional Air NAS Patuxent River terminal area. [14 CFR Part 75 [New] ] Traffic Division Chief. Communications service within the [ Airspace Docket No. 63-WA-85 ] This amendment is proposed under proposed transition area would be pro­ section 307(a) of the Federal Aviation vided by remoted transmitter and re­ JET ROUTE Act of 1958 (72 Stat. 749; 49 U.S.C. ceiver facilities of the Washington Air 1348). i Route Traffic Control Center, the NAS Proposed Revocation Issued in Washington, D.C., on Janu­ Patuxent River Control Tower and the The Federal Aviation Agency (FAA) is ary 14, 1964. FAA’s Salisbury, Md., Flight Service considering an amendment to Part 75 Station. Additional communications [New] of the Federal Aviation Regula­ H . B. H e l s t r o m , capabilities also exist through other Acting Chief, tions, the substance of which is stated VOR’s which are remoted to associated below. Airspace Utilization Division. FAA Flight Service Stations within and Jet Route No. 19 is presently desig­ [p R. Doc. 64—605; F ile d , Jan . 22, 1964; adjacent to the area proposed for desig­ nated from the Garden City, Kansas, 8:47 a.m .] nation herein. VORTAC to the Omaha, Nebraska, No. 16- 4 576 PROPOSED RULE MAKING

VORTAC. An PAA IFR peak-day air­ is not established. There appears to be the Airport Operations Manager, The way traffic survey for the period July 1, no assurance that the proposed regula­ proposed regulation refers to these per­ 1962, through June 30, 1963, shows one tion would accomplish the objective of sons as “the carriers”, While the FAA movement on J-19. Therefore, it ap­ reducing the number of marginal has exclusive physical control over the pears that the retention of J-19 is un­ weather accidents; and, in some cases, operation of the lounges, the c arrier to justified as a route assignment within the requirements set forth in the pro­ whom the service is rendered calls for a the continental control area. Accord­ posal would be unduly restrictive. Fur­ lounge when it wants one; p a y s for each ingly, the PAA proposes to revoke J-19 thermore, as some comments pointed out, trip; grants or denies access to the lounge from Garden City, Kansas, to Omaha, stated special VFR weather minimums to any private person and hence is free Nebraska. of 500 feet and one mile might imply to transport, on any trip for w h ich it Interested persons may submit such Agency sanction of operations in such pays, any of its personnel, passengers written data, views or arguments as they weather as a matter of common practice. hoarding or disembarking, passengers may desire. Communications should be In consideration of the foregoing, the leaving the aircraft during lay o v er and submitted in triplicate to the Chief, Air­ notice of proposed rule making entitled returning, or visitors, subject only to space Utilization Division, Federal Avia­ “Special VFR Minimum Weather Con­ the maximum occupancy limitation and tion Agency, Washington, D.C., 20553. ditions in Control Zones” and circulated exclusion of persons who are intoxicated All communications received within as Draft Release 63-4 is hereby with­ or otherwise obnoxious or whose presence forty-five days after publication of this drawn. would compromise safety; and deter­ notice in the F e d e r a l R e g i s t e r will be This withdrawal shall become effective mines when the lounge leaves the gate considered before action is taken on the on publication in the F e d e r a l R e g i s t e r . or the aircraft. proposed amendment. No public hear­ (Sec. 307; 72 Stat. 749, 49 U.S.O. 1348) The lounges, when attached to the ing is contemplated at this time, but ar­ terminal building at Dulles International rangements for informal conferences Issued in Washington, D.C., on Jan­ Airport, are intended to serve as waiting with Federal Aviation Agency officials uary 10,1964. rooms before departure. The proposed may be made by contacting the Chief, L e e E . W a r r e n , rules require the carrier to provide a Airspace Utilization Division. Any data, Director, lounge gate attendant at the time the views or arguments presented during Air Traffic Service. gate is opened. such conferences must also be submitted [F .R . D oc. 64-594; F ile d , J an . 22, 1964; A new § 159.48 is added to Part 159 to in writing in accordance with this notice 8 :4 6 a m . ] implement safe operation of aircraft, in order to become part of the record and avoid real or potential hazards to for consideration. The proposal con­ other aircraft, on the ramp area and at tained in this notice may be changed in [ 14 CFR Part 159 [New] ] the gate positions at the National Cap­ the light of comments received. ital Airports. This provision would bar The official Docket will be available [Notice 64-3; Docket No. 3055] from the ramp area and gate positions for examination by interested persons at any aircraft as to which the operator the Federal Aviation Agency, Office of the NATIONAL CAPITAL AIRPORTS reports, has knowledge of, or has been General Counsel: Attention Rules Dock­ advised of an indication of fire, inade­ et, 800 Independence Avenue SW., Wash­ Mobile Lounge Operations at Dulles quacy of brakes, or complete loss of ington, D.C., 20553. International Airport and Restric­ power on one side, until the aircraft is This amendment is proposed under tions on Certain Malfunctioning released by the Airport Operations Man­ sections 307(a) of the Federal Aviation Aircraft ager or his designee for operation in Act of 1958 (72 Stat. 749; 49 U.S.C. 1348). those areas. Issued in Washington, D.C., on Janu­ The Federal Aviation Agency has This part would be amended to change ary 15, 1964. under consideration a proposal to amend each reference to the “Airport Manager” Part 159 [New] of the Federal Aviation to his present official title “Airport Op­ H . B . H e l s t r o m , Regulations by adding a new subpart erations Manager”. Acting Chief, containing rules applicable to mobile In consideration of the foregoing, Airspace Utilization Division. lounge operations at Dulles International notice is hereby given that it is proposed [F.R. Doc. 64-602; Filed, Jan. 22, 1964; Airport and a new section barring certain to amend Part 159 of the Federal. Avia­ 8:47 a.m.j malfunctioning aircraft from the ramp tion Regulations (14 CFR Part 159 area or gate positions at either that Air­ [N e w ]) as follows: port or Washington National Airport 1. By adding a new § 159.48 to read U 4 CFR Part 91 [New] ] until inspected and released by the FAA. as follows: [Docket No. 1587] Interested persons are invited to par­ ticipate in the making of the proposed § 159.48 Malfunctioning aircraft. SPECIAL VFR MINIMUM WEATHER rules by submitting such written data, . No person may operate an aircraft CONDITIONS IN CONTROL ZONES views or arguments as they may desire. on the ramp area or at any aircraft Withdrawal of Notice of Proposed Communications should identify the reg­ gate position on the Airport if he re­ ulatory docket or notice number and be ports, has knowledge of, or has been Rule Making submitted in duplicate to the Federal advised of an iiidieation of, a fire in The Federal Aviation Agency has had Aviation Agency, Office of the General the aircraft, inadequate brakes, or com­ under consideration a proposal to amend Counsel, Attention: Rules Docket, 800 plete loss of power on one side until Civil Air Regulations (CAR) § 60.31 Independence Avenue SW., Washington, the Airport Operations Manager or his “Special VFR minimum weather con­ D.C., 20553. All communications re­ designee authorizes the operator to use ditions in control zones” (now recodified ceived on or before March 23, 1964, will the ramp area or aircraft gate position. be considered by the Administrator be* as Federal Aviation Regulations § 91.107 2. By redesignating present “ Subpart fore taking action upon the proposed (N e w )). The reasons for the proposal G — Enforcement” as “Subpart I an<1 rules. The proposals contained in this were set forth in the explanatory state­ “ § 159.171” as “§ 159.191”. notice may be changed in the light of ment of a notice of proposed rule making 3. By adding a new Subpart G to read which was published in the F e d e r a l the comments received. All comments as follows: R e g i s t e r (28 F.R. 1228) on February 7, submitted will be available, both before 1963, and circulated to the public as and after the closing date for comments, Subpart G— Mobile Lounges at Dulles CAR Draft Release 63-4. Interested in the Rules Docket for examination by International Airport persons were afforded an opportunity to interested persons. participate in the proposed rule making The mobile "lounge service at Dulles .171 Scope. International Airport is regularly avail­ through submission of comments. The FAA provides mobile lounge After giving due consideration to all able to all persons who provide scheduled :e to all common carriers by air relevant matter presented in response to common carrier service by air to the i provide authorized regular y the draft release, we have concluded that Airport and use the jet ramps, and to the need for the proposed rule change other persons upon request granted by luled passenger service at Dules Thursday, January 23, 1964 FEDERAL REGISTER 577

International Airport, except those that (2) Advise the Mobile Lounge Op­ rules, and particularly Subpart E thereof park their aircraft on the local service erator when to leave the terminal lounge pertaining to low power communication apron, and to other persons whose re­ gate or aircraft. devices, presents an even more likely area quest for mobile lounge service is granted (e) The carrier may not permit foodof operation for the electronic eaves­ by the Airport Operations Manager or beverages to be displayed, served, or dropper. Assuming that a device com­ (re fe rre d to in this subpart as “the consumed in a mobile lounge. plies in all respects with the applicable requirements and limitations set forth carriers”). Any carrier holding space 4. The term “Airport Manager” wher­ in Part 15, there is presently no provision on the jet ram p may exercise his mobile ever it appears in this Part is amended in Part 15 which in any way prohibits lounge service privilege to accommodate to read “Airport Operations Manager”. the use of that device for eavesdropping any other p e rso n t h a t la w fu lly u ses h is These amendments are proposed un­ per se. Our action of May 15, 1963, in jet apron space. der the authority of section 1301 of Title Docket No. 14376, which authorized the (b) Mobile lounge service is available 7 of the District of Columbia Code, 1961 use of wireless microphones (and tele­ to the carriers at all locations accessible Edition, section 2 of the Act of June 29, metering devices) on the band 88-108k to the lounge where passengers are law ­ 1940, 54 Stat. 658, as amended, and sec­ Mc/s and which was founded on other fully embarked or disembarked either in tion 4 of the Act of September 7, 1950, public interest considerations, makes it normal operation or in emergencies. 64 Stat. 770, as amended. (c) In addition to the requirements even more necessary to insure that wire­ of this subpart, the pertinent other rules Issued in Washington, D.C., on Janu­ less microphones cannot legitimately be of this part apply to mobile lounge ary 10,1964. used for eavesdropping purposes.* G . W a r d H o b b s , operations. 3. It may generally be stated that Director, Bureau eavesdropping, by any means, has tradi­ §159.173 Rules governing mobile of National Capital Airports. tionally been regarded as contrary to lounge service. [F.R. Doc. 64-593; Filed, Jan. 22, 1964; the public interest. Indeed, eavesdrop­ 8 :4 6 a jn .j ping per se was considered a crime at (a ) Not more than 90 persons may common law.® Section 605 of the Com­ be carried In a mobile lounge on any munications Act of 1934, as amended, trip and the carrier may not admit though enacted to prohibit the unau­ more th a n this number to a mobile FEDERAL COMMUNICATIONS thorized interception of communications lounge. by wire or radio, reflects the intent of (b) The carrier may admit any per­ COMMISSION Congress to preserve the secrecy of son to a mobile lounge except— communications in those areas where (1) An unaccompanied child under [ 47 CFR Parts 2, 15 1 the Federal government has unques­ five years of age, unless he is acceptable [Docket No. 15262; FCC 64-27] tioned jurisdiction to act. Moreover, the for transportation by the carrier and practice of eavesdropping by means of he is attended by the carrier or his PROHIBITING USE OF RADIO DEVICES FOR EAVESDROPPING PURPOSES a listening device has been held to be an agent; actionable violation of one’s right of (2) A person in a wheelchair, unless Notice of Proposed Rule Making privacy.8 At least eight states have thus he is in an “aircraft-type” portable seat far enacted statutes to prohibit electron­ and is appropriately attended; 1. Notice is hereby given of proposed ic eavesdropping,7 and it may be surmised (3) A p erso n o n a stre tc h e r; rule making in the above-mentioned that other states will follow this lead matter. (4) A person under the influence of as they are confronted with the electron­ intoxicants; 2. With the advent of miniaturization ic eavesdropping problem. A final con­ in the manufacture of radio transmitters, (5) A person whose clothing or equip­ sideration is the fact that the operation ment is in such a condition that it might the use of electronic devices for eaves­ of radio eavesdropping devices on unau­ soil, stain, or otherwise damage the dropping has become more prevalent.1 thorized frequencies is a potential source lounge; and As a general rule, electronic eavesdrop­ of interference to authorized radio serv­ pers utilize devices which are designed to (6) Any other person whose physical ices operating on those same frequencies. or mental condition creates a hazard for be operated on unauthorized frequencies In view of the foregoing, the Commission himself or o th e r p e rso n s in th e lo u n g e. and, therefore, can neither be licensed has determined that it is in the public nor operated as a restricted radiation de­ (c) The carrier may not carry in a interest to prohibit the use for eaves­ vice under Part 15 of the Commission’s mobile lounge any baggage, pet or animal, dropping of any device required to be li­ equipment, or other property (such as rules.2 However, we cannot ignore the censed by section 301 of the Communi­ U.S. m ail pouches, air express, freight, fact that a great many radio devices li­ cations Act or of any Part 15 device. censed for use within the various radio and m ail or material shipments of the 4. We are proposing that a new sub­ services may be readily adapted for carrier) except— part, as set forth in the Appendix here- (1) Checked baggage of a passenger if eavesdropping purposes.® Part 15 of the he arrives at the check-in-counter when * Most so-called eavesdropping devices are the baggage carts have already departed 11 Electronic eavesdropping is not to be essentially wireless microphones and, there­ for the aircraft and there is no other confused with unauthorized wiretapping for which appropriate prohibitions are contained fore, could be operated in the 88-108 Mc/s practical method of transportation; in section 605 of the Communications Act of band if in compliance with the applicable (2) Domestic pets and animals that 1934, as amended, 47 U.S.C. section 605. technical requirements. are allowed by the carrier to travel in 2 It should be recognized, however, that a 5 See Blackstone, 4 Commentaries, ch. 13 § 5 (6 ). the passenger compartment of the air­ person who willfully and knowingly operates 6 In McDaniel v. Atlanta Coca-Cola Bot­ craft; a radio transmitter which is not licensed and which does not operate within the provisions tling Co., 2 S.E. 2d 810 (1939), the Court of (3) Firearms, rifles, and sporting guns of Part 15 is subject to the criminal pen­ Appeals of Georgia found that the actions that are disassembled or in cases and alties set forth in section 501 of the Com­ of the defendants in eavesdropping upon the plaintiff by means of a receiver set wired are acceptable for transportation by the munications Act of 1934, as amended, 47 to earphones in another room constituted an carrier; and U.S.C. section 501. The general use of un­ authorized frequencies may be attributed to invasion of the plaintiff’s right of privacy. A (4) “Carry-on” baggage that, when the fact that electronic eavesdroppers shun similar finding was reached with respect to carried by the passenger, meets any size, operation within congested areas of the fre­ wiretapping in Rhodes v. Graham, 238 Ky. height, and number-of-pieces require­ quency spectrum, both to insure clearer re­ 225, 37 S.W. 2d 46 (1931). 7 See Cal. Ann. Codes, Penal Code section ments set by the carrier. ception and to preserve secrecy. Care is also taken to avoid the use of frequency bands 653j (W est 1956); 111. Ann. Stat. ch. 33 section (d) The carrier who requests a mobile which may be scanned by readily available 14-1 (Smith-Hurd 1941); Md. Code Ann. lounge shall— receivers such as AM, FM, TV, Amateur or Art. 27 section 125(A) (Michie 1957); Mass. (1) Provide an attendant at the ter­ Citizens Band. Ann. Laws ch. 272 section 99 (Michie 1956); minal lounge gate, not later than 15 3 Although certain rules regarding use, Nev. Rev. Stat. ch. 200.650 (1957); N.Y. Con­ control, etc. might technically preclude the sol. Laws Ann., Penal Law Art. 73 section ®inutes before the publicly announced use of a licensed device for eavesdropping, 738 (McKinney 1944); Ore. Rev. Stat. section time of departure of the lounge, to direct it is questionable how much of a deterrent 165.540(1) (c); and Pa. Purson’s Ann. Stat. tue opening of the lounge ; and effect those rules actually have. T it. 18 section 4305.1. 578 PROPOSED RULE MAKING to, be added to Part 2 of the rules as a proposed rules transcend a State statute (b) Paragraph (a) of this section shall general prohibition against the use for applicable to electronic eavesdropping.8 not apply to operations of any law en­ eavesdropping of any device required to 9. Authority for the adoption of the forcement officers conducted under law­ be licensed by Section 301 of the Com­ amendments herein proposed is con­ ful authority. munications Act of 1934, as amended. tained in sections 4(i) and 303(r) of the (c) Paragraph (a) of this section shall (Specific reference to this prohibition Communications Act of 1934, as not be construed as affecting any state will be added to those parts of the rules amended. statute applicable to electronic eaves­ where it is deemed appropriate.) Addi­ 10. Pursuant to applicable procedures dropping. tionally, we are proposing that similar set forth in § 1.415 of the Commission’s 3. Subpart E of Part 15 is amended by language be added to Subpart A of Part rules, interested persons may file com­ adding a new section to read as follows: 15 of the rules. A reference to the lat­ ments on or before March 16, 1964, and ter prohibition would be contained in reply comments on or before April 1,1964. § 15.220 Eavesdropping prohibited. Subpart E— low power communication All relevant and timely comments and As provided in § 15.11, the use of a low devices— which is the area of Part 15 reply comments will be considered by power communication device for eaves­ most susceptible to use by eavesdroppers. the Commission before final action is dropping is prohibited. 5. The reference in the proposed taken in this proceeding, In reaching its amendments to both direct and indirect decision on the rules of general applica­ [F.R. Doc. 64-638; Filed, Jan. 22, 1964' 8:51 a.m .j use has been included to encompass any bility which are proposed herein, the radio operation in connection with an Commission may also take into account eavesdropping arrangement. For ex­ other relevant information before it, in ample, the proposed amendment would addition to the specific comments in­ 147 CFR Parts 81, 83] prohibit the use of a Part 15 wireless vited by this notice. [D o c k e t N o . 15277; F C C 64-31] microphone to relay a conversation which 11. In accordance with the provisions is picked up initially by some form of of § 1.419 of the Commission’s rules and FREQUENCY PAIR FOR PUBLIC SHIP mechanical eavesdropping device. Thus, regulations, an original and 14 copies of TO SHORE COMMUNICATION IN irrespective of the combination of devices all statements, briefs, or comments shall MIAMI, FLA., AREA employed by the eavesdropper to accom­ be furnished the Commission. plish his objective, the proposed rules Adopted: January 15, 1964. Notice of Proposed Rule Making would apply if any one of the combina­ In the matter of amendment of Parts tion is a radio device. Released: January 17, 1964. 81 and 83 of the Commission’s rules to 6. We have restricted the application F e d e r a l C ommunications make the frequency pair 2442 kc/s of the proposed amendments to those C o m m i s s i o n , (coast)— 2406 kc/s (ship) available for situations where no party to the conver­ [ s e a l ] B e n F . W a p l e , public ship-shore use in the Miami, sation has consented to the use of eaves­ Secretary. Florida, area on a Day only basis (RM- dropping equipment. This approach is It is proposed to amend the Commis­ 410). based on the view that a person who en­ sion’s rules as follows: 1. Notice is hereby given of proposed gages in conversation with others as­ 1. Part 2 is amended by adding a new rule making in the above-entitled matter. sumes the risk that anything he says Subpart H to read as follows: The amendments proposed to be adopted may be divulged without his knowledge are set forth in the Appendix attached by any party to the conversation. Sup­ Subpart H— Prohibition Against hereto. port for this approach may be derived Eavesdropping 2. The Southern Bell Telephone & Telegraph Company, Atlanta, Georgia, from Rathbun v. United States, 35,5 U.S. § 2.701 Prohibition against use of a 107 (1957), wherein the Supreme Court radio device for eavesdropping. has filed a petition requesting that §§ 81.306 and 83.354 of the Commission’s held that Section 605 of the Communi­ (a) No person shall use, either directly rules be amended to provide for the Day cations Act does not apply where one or indirectly, a device required to be li­ only use of an additional frequency pair of the parties to a telephone conversa­ censed by section 301 of the Communi­ for public ship to shore communication tion consents to a third party listening cations Act of 1934, as amended, for the in the vicinity of Miami, Florida. in on an extension phone. Furthermore, purpose of overhearing or recording the 3. The requested coast station fre­ this approach is in accordance with the private conversations of others unless quency 2442 kc/s is not now assigned majority of State statutes applicable to such use is authorized by one or more to any public Class n -B c o a s t station. electronic eavesdropping. of the parties engaging in the conversa­ The requested ship (coast receiving) fre­ tion. 7. The proposed amendments contain quency 2406 kc/s is assigned to ships for (b) Paragraph (a) of this section shall two qualifying provisions. The first communication with public Class II-B not apply to operations of any law en­ coast station at Boston, Massachusetts. would exempt law enforcement officers forcement officers conducted under law­ 4. The petitioner has also filed an ap­ from the prohibition against eavesdrop­ ful authority. plication for construction permit to ping, but the exemption would apply (c) Paragraph (a) of this section shall modify the present authorization for only where the operations of the law en­ not be construed as affecting any State station WDR, Miami, Florida, to add forcement officers are conducted under statute applicable to electronic eaves­ 2442,kc/s as a second frequency for Day lawful authority. However, the exemp­ dropping. only operation. Petitioner states that tion is by no means intended either to 2. Part 15 is amended by adding a new their two present channels, 2514 kc/s and authorize such officers to make use of section to Subpart A to read as follows: 2490 kc/s, have experienced a severe con­ unauthorized transmitters for eavesdrop­ gested condition for the past three years § 15.11 Prohibition against eavesdrop­ and that there is a need for an additional ping, or to use licensed transmitters for ping. eavesdropping in such a manner that channel to provide a more adequate grade (a) No person shall use, either directly other Commission rules are violated, e.g., of service to ships operating in the Miami or indirectly, a device operated pursuant abandonment of control, transmission of area. The average waiting time on the to the provisions of this part for the pur­ stand-by calling list to complete calls unauthorized communications, etc. pose of overhearing or recording the pri­ 8. The second provision would make vate conversations of others unless such from ships is in excess of 20 minutes per- it clear that the proposed rules do not use is authorized by one or more of the call; over 25 percent of which experience exclude State criminal jurisdiction in parties engaging in the conversation. a waiting period of 30 minutes to com­ the area of electronic eavesdropping, but plete a call. rather preclude the practice of eaves­ 8 Similarly with respect to State constitu­ 5. The rule amendments proposed dropping by means of radio devices. The tional provisions, if any, which relate to the herein would make the frequency pair subject matter. Interested parties are in­ 2442 kc/s (coast)— 2406 kc/s (shil)) rules would complement existing State vited to comment on the desirability of statutes and provide coverage where no changing this language to "State law” available for public ship-to-shore use in State statute exists. In no case would the g e n erally . the vicinity of Miami, Florida, Day only- hrdy Jnay 3 1964 23, Thursday, January 6. This proposal is issued u n d e r t h e fourteen, copies of all statements, briefs, B. Part 83 is amended as follows: authority contained in section 303 (c), or comments filed shall be furnished the l. The table in § 83.354(a) (X) is amended to read as follows at the entry for (d ) , ( f ) , and (r) of the Communications Commission. M i a m i, F lo r i d a . Act of 1934, as am ended. Adopted: January 15,1964. § 83.354 Frequencies below 5000 kc/s for public correspondence. 7. Pursuant to applicable procedures Released: January 17, 1964. (a) * * * set forth in § 1:415 of the Commission’s (1) * * * rules, interested persons may file com­ F e d e r a l C ommunications ments on or before February 25, 1964, C o m m i s s i o n , and reply comments on or before March Mobile station transmitting carrier Associated coast station carrier frequency [ s e a l ] B e n F . W a p l e , frequency1 6, 1964. All relevant and timely com­ Secretary. For communication ments and reply comments will be con­ with coast stations located in the vicinity Specific conditions relating to use sidered by the Commission before final A. Part 81 is amended as follows: of— Fre- / Specific limitations imposed upon Fre- of these frequencies by coast action is taken in this proceeding. All 1. The table in § 81.306(b) is amend­ quency availability for use2 quency stations for transmission as (kc/s) (kc/s) shown in § 81.306(b) of this (Submissions by parties to this proceeding ed to read as follows at the entry for chapter.2 or by persons acting on behalf of parties Miami, Florida. must be made in the form of written • • • • • » * • • * § 81.306 Availability of frequencies be­ REGISTER FEDERAL comments, reply comments or other ap­ Miami, Fla. 2031.5 None. 2490 Available on condition that harm­ low 30 Mc/s. propriate pleadings. ful interference shall not be * * * * * caused to the police radio service 8. In accordance with § 1.419(b) of in southern California. the Commission’s rules, an original and (b) * * * 2118 Unlimited hours of use from Dec. 2514 Unlimited hours of use from Dec. 15 to Apr. 1, annually, and day 15 to Apr. 1, annually, and day only from Apr. 1 to Dec. 15, only from Apr. 1 to Dec. 15, annually; and also on condition ' annually, on condition that Coast station ransmitting carrier Associated coast station receiving carrier that harmful interference shall harmful interference shall not be frequency1 frequency not be caused to the service of . caused to the service of any coast any ship station in the Great station located in the vicinity of Lakes area which in the discre- Miami, Fla., to which the carrier Coast stations located ' tion of the Commission has pri­ frequency 2490 kc/s is assigned for in the vicinity of— Fre- Specific limitations imposed upon Fre­ Specific conditions relating to use ority on the frequency or fre­ transmission; and also on condi­ quency availability for use2 quency of these frequencies by ship sta­ quencies used for the service to tion that harmful interference (kc/s) (kc/s) tions for transmission as shown in which interference is caused. shall not be caused to the service §83.354(a)(1) of this chapter2 of any coast station in the Great Lakes area which in the discre­ tion of the Commission has priority on the frequency or Miami, Fla. 2442 D ay only...... 2406 Day only. frequencies used for the service 2490 Available on a 24-hour basis, on 2031. 5 None. to which interference is caused. condition that harmful inter­ 2158 Unlimited hours of use from Dec. 2550 Unlimited hours of use from Dec. ference shall not be caused to the 15 to Apr. 1, annually, and day 15 to Apr. 1 annually, and day police radio service in southern only from Apr. 1 to Dec. 15, only fron^ Apr. 1 to Dec. 15, California. annually, on condition that annually,, on condition that 2514 Unlimited hours of use from Dec. 2118 Unlimited hours of use from Dec. harmful interference is not harmful interference is not 15 to Apr. 1, annually, and day 15 to Apr. 1, annually, and day caused to the service of any ship caused to the service of any coast from Apr. 1 to Dec. 15, annually, only from Apr. 1 to Dec. 15, station which is within 300 station located in the vicinity of on condition that harmful inter­ annually; and also on condition nautical miles of Tampa, Fla., Tampa, Fla., to which this ference shall not be caused to the that harmful interference shall and is transmitting on tnis fre­ carrier frequency is assigned for service of any coast station not be caused to the servici o quency to a coast station located transmission. located in the vicinity of Miami, any ship station in the Great in the vicinity of that port. Fla., to which the carrier fre­ Lakes area which in the discre­ 2406 Day only______2442 D ay only. quency 2490 kc/s is assigned for tion of the Commission has 4123.6 None______4428.6 None. transmission; and also on condi­ priority on the frequency or fre­ tion that harmful interference quencies used for the service to shall not be caused to the service whioh interference is caused. [F .R . D oc. 64-639; F ile d , Jan. 22, 1964; 8:51 a j n . ] of any coast stationin the Great Lakes area which in the discre­ tion of the Commission has priority on the frequency or frequencies used for the service to which interference is caused. 2550 Unlimited hours of use from Dec. 2158 Unlimited hours of use from Dec. 15 to Apr. 1, annually, and day 15, to Apr. 1, annually, and Day only from Apr. 1 to Dec. 15, only from Apr. 1, to Dec. 15, annually, on condition that annually, on condition that harmful interference is not harmful interference is not caused caused to the service of any coast to the service of any ship station station located in the vicinity which is within 300 nautical of Tampa, Fla., to which this miles of Tampa, Fla., and is carrier frequency is assigned transmitting on this frequency for transmission. to a coast station located in the vicinity of that port. 4428.6 None. 4123.6 None.

“4 (0 Notices

determine the existing and potential de­ The above area contains 17.5 acres. DEPARTMENT OF JUSTICE mand for the lands and their resources. 2. To cancel their application insofar He will also undertaka negotiations with as it involves the lands described below, Office of Alien Property the applicant agency with the view of which lands will be at 10:00 a.m. on Jan­ PENNEY, A. G. W., ET AL. adjusting the application to reduce the uary 24, 1964, relieved of the segregative area to the minimum essential to meet effect of the above-mentioned applica­ Notice of Intention to Return Vested the applicant’s needs, to provide for the tion pursuant to the regulations con­ Property maximum concurrent utilization of the tained in 43 CFR, Part 295: lands for purposes other than the appli­ Mount Diablo Meridian, Nevada Pursuant to section 32(f) of the Trad­ cant’s, to eliminate lands needed for ing With the Enemy Act, as amended, T . 26 S., R . 63 E., purposes more essential than the appli­ Sec. 12, Ei/2SW 14NEi/4N E ^ , Ey2W y 2SEy4 notice is hereby given of intention to cant’s, and to reach agreement on the return, on or after 30 days from the NE14, swy4NE%Nw^, wy2SEy4Nwy4l concurrent management of the lands and N 1/2NE 14SWV 4, N 1/2NV7 % S E % , NWy4NEi/4 date of publication hereof, the following their resources. SE 14. property, subject to any increase or de­ He will also prepare a report for con­ The above area contains 95 acres. crease resulting from the administration sideration by the Secretary of the Inte­ thereof prior to return, and after ade­ rior who will determine whether or not D a n i e l P . B a k e r , quate provision for taxes and conserva­ the lands will be withdrawn as requested Chief, Division of Lands tory expenses: by the Bureau of Land Management. and Minerals Management. Claimant, Claim No., Property and Location The determination of the Secretary on [P.R. Doc. 64-611; Piled, Jan. 22, 1964; A. G. W. Penney and A. J. P. Sellar, both the application will be published in the 8:47 a.m.j of London, England, as trustees tinder the F e d e r a l R e g i s t e r . A separate notice trust indenture of May 1, 1901, for the will be sent to each interested party of benefit of Margarete Gabriele Holm, 25 record. IDAHO Ordrupdalvej, Copenhagen-Charlottenlund, If circumstances warrant it, a public Notice of Partial Termination of Pro­ Denmark, and Hertha Julie Walker, 65 hearing will be held at a convenient time Sterling Road, Harrison, New York, Claims posed Withdrawal and Réservation Nos. 63957 and 63959; Vesting Order No. and place which will be announced. 8174. $22,048.54 in th e T re a s u ry o f the The lands described in the application of Lands J a n u a r y 17, 1964. United States. are: Tract “N ” containing 3.45 acres and that Notice of an application Serial No. Executed at Washington, D.C., on Idaho 014955, for withdrawal and reser­ January 15, 1964. portion of Tract “C”, as shown on the sup­ plemental plat of Tps. 7 and 8 N„ R. 47 E., vation of lands was published as Federal For the Attorney General. Principal Meridian, Montana, accepted March Register Document No. 63-13347 on page 23, 1927, w h ic h is d e sc rib e d as fo llo w s : B e ­ 14340 of the issue for December 27,1963. A n t h o n y L. M o n d e l l o , ginning at corner 5, Tract “O”, as shown on The lands described below were errone­ Deputy Director, th e s u p p le m e n ta l p la t accep ted J u ly 10, 1957, ously included in the publication notice. Office of Alien Property. which point is located on line 1—11, Tract Therefore, pursuant to the regulations “C” 669.64 ft. fro m corn er 11, T r a c t VC” , [F .R . D o c. 64-670; P ile d , Jan . 22, 1964; thence N. 61°52' W., along line 5-1, Tract contained in 43 CFR Part 295, such lands 8:52 a .m .] “O”, 652.48 ft. to common comers 1 of Tracts will be at 10:00 a.m. on January 31,1964 “N ” and “O”, thence S. 28° 08' W., along line relieved of the segregative effect of the 1-4, Tract “N”, common with line 1-2, Tract above-mentioned application. “O”, 130.37 ft. to the point of intersection The lands involved in this notice of DEPARTMENT OF THE INTERIOR with line 1-11, Tract “C”, thence S. 73°10' E., termination are: a lo n g lin e 1—11, T r a c t “ C ” , 665.38 ft. to th e Bureau of Land Management point of beginning, containing 0.98 acre Boise Meridian, Idaho [M o n t a n a 063214] more or less. T . 38 N ., R . 2 E. Sec. 19, lo ts 9 a n d 14. MONTANA The areas described aggregate 4.43 acres. The area described aggregates 80.90 Notice of Proposed Withdrawal and E . I . R o w l a n d , acres. Reservation of Lands State Director. M i c h a e l T. S o l a n , Land Office Manager. J a n u a r y 16,1964. [P .R . D oc! 64-610; P iled , J an . 22, 1964; [P.R. Doc. 64-626; Piled, Jan. 22, 1964; 8 :4 7 a .m .] The Bureau of Land Management has 8:49 a .m .] filed an application in the land office, Billings, Montana, Serial Number Mon­ tana 063214, for the withdrawal of the [Nevada 059256] land described below, from all forms of NEVADA DEPARTMENT OF HEALTH, EDU­ appropriation under the public land laws, including the mineral and mineral Notice of Proposed Withdrawal and CATION, AND WELFARE leasing laws. The applicant desires the Reservation of Lands, Amendment land for an administrative site. Food and Drug Administration J a n u a r y 16,1964. For a period of thirty days from the AMERICAN CYANAMID CO., date of publication of this notice, all The Federal Aviation Agency has AGRICULTURAL DIVISION persons who wish to submit comments, amended their application, Nevada suggestions, or objections in connection 059256, published as F.R. Doc. No. 62- Notice of Filing of Petition Regarding with the proposed withdrawal may pre­ 10895 on page 10661 of the issue for No­ Pesticide Chemical Malathion sent their views in writing to the under­ vember 1,1962, as follows: signed officer of the Bureau of Land Pursuant to the provisions of the Fed' 1. To include the following additional Management, Department of the In­ eral Food, Drug, and Cosmetic A c t (sec. terior, 1245 North 29th Street, Billings, lands: 408(d)(1), 68 Stat. 512; 21 U.S.C. 346a Montana, 59101. Mount Diablo Meridian, Nevada (d)(1)), notice is given that a petition (PP 407) has been filed by Agricultural The authorized officer of the Bureau T . 26 S., R . 63 E., of Land Management will undertake Sec. 12, S W ViNW y4NE*4NE14, Sy2Ny2NW& Division, American Cyanamid Company- such investigations as are necessary to n e % , sy2NEy4NEy4Nwy4. P.O. Box 400, Princeton, New Jersey, 580 Thursday, January 23, 1964 FEDERAL REGISTER 581 proposing an increase from 8 parts per [Docket No. 13728] 1. The applicants shall exchange their million to 135 parts per million in the EASTERN NORTH CAROLINA AREA written affirmative cases on March 2, 1964, tolerances for residues of the insecticide AIRLINE SERVICE AIRPORT INVES­ m alathion in or on alfalfa, clover, grass, 2. The parties shall conduct an off- TIGATION and grass hay. ^ _ the-record preliminary review of exhibits The analytical method proposed in the Notice of Oral Argument to attempt to agree to objections and petition for determining residues of deletions (not in the presence of the malathion is based on that published in Notice is hereby given, pursuant to the Hearing Examiner) on March 13, 1964, “Official Methods of Analysis of the provisions of the Federal Aviation Act 3. There shall be a formal hearing on Association of Official Agricultural of 1958, as amended, that oral argument the admissibility of exhibits, at which Chemists,” method 24.113-24.117, inclu­ on the above-entitled investigation is notification of witnesses desired at the sive. assigned to be heard on February 5,1964, hearing proper shall be made, on March at 10:00 a.m., e.s.t., in Room 1027, Uni­ 18,1964, and D ated: January 17, 1964. versal Building, Connecticut and Florida 4. The hearing now scheduled for Feb­ R o b e r t S . R o e , Avenues NW., Washington, D.C., before ruary 17, 1964 is hereby rescheduled to Director, Bureau of the Board. March 30, 1964 in the Commission’s of­ Biological and Physical Sciences. Dated at Washington, D.C., January fices in Washington, D.C. [P.R. Doc. 64-628; F U e d , J a n . 22, 1964; 20, 1964. Released: January 17,1964. 8 :5 0 a.m .j [ s e a l ] F r a n c i s W . B r o w n , F e d e r a l C ommunications Chief Examiner. C o m m i s s i o n , [F.R. Doc. 64-634; Filed, Jan. 22, 1964; [ s e a l ] B e n F . W a p l e , CIVIL AERONAUTICS BOARD 8 :5 0 a j n . j Secretary. [Docket No. 12193] [F .R . D oc. 64-641; F ile d , J a n . 22, 1964; 8:51 a .m .] AIR FREIGHT •FORWARDER [Docket No. 14941] AUTHORITY CASE FRONTIER RATE CASE [Docket Nos. 14597,15203; FCC 64M-54] Notice of Oral Argument Notice of Prehearing Conference KWEN BROADCASTING CO. AND Notice is hereby given, pursuant to the Excursion fares between Phoenix and WOODLAND BROADCASTING CO. provisions of the Federal Aviation Act of Tucson and Salt Lake City proposed by 1958, as amended, that oral argument in Frontier Airlines, Inc. Order Continuing Hearing the above-entitled matter is assigned to Notice is hereby given that a prehear­ In re applications of Felix Joynt and be heard on February 12, 1964, at 10:00 ing conference in the above-entitled James Joynt d/b as K W E N Broadcasting am., e.s.t., in Room 1027, Universal matter is assigned to be held on Feb­ Company, Port Arthur, Texas, Docket No. Building, Connecticut and Florida Ave­ ruary 3, 1964, at 10:00 a.m., e.s.t., in 14597, File No. BP-13627; Woodland nues NW., Washington, D.C., before the Room 911, Universal Building, Connecti­ Broadcasting Company, Vidor, Texas, Board. cut and Florida Avenues NW., Washing­ Docket No. 15203, File No. BP-15973; for Dated at Washington, D.C., January ton, D.C., before Examiner Milton H. construction permits. 20, 1964. Shapiro. The Hearing Examiner having under Dated at Washington, D.C., January consideration a letter dated January 15, [ seal] F r a n c i s W . B r o w n , 1964, from counsel for.KWEN Broadcast­ Chief Examiner. 20, 1964. ing Company requesting an extension of [PR. Doc. 64—632;* F ile d , J an . 22, 1964; [ s e a l ] F r a n c i s W . B r o w n , time; 8:50 a .m .] Chief Examiner. It appearing, that circumstances re­ [F.R. Doc. 64-635; Filed, Jan. 22, 1964; quired a change in the schedule hereto­ [Docket, No. 14682] 8:51 a .m .] fore adopted and that the parties have agreed upon a new schedule which is BRITISH EAGLE INTERNATIONAL agreeable to the Examiner; AIRLINES LTD. FEDERAL COMMUNICATIONS It further appearing, that the changes Notice of Oral Argument referred to are as follows: Exchange of exhibits from January 13 to In the matter of the application of COMMISSION J a n u a r y 27,1964; British Eagle International Airlines, Ltd., [Docket Nos. 15163,15164; FCC 64M-53] Further hearing conference from January for a foreign air carrier permit under 24 to F e b ru a ry 7,1964; section 402 of the Federal Aviation Act CLEVELAND BROADCASTING INC., Commencement of hearing from February of 1958, as amended, for authority to en­ COM M UNITY TELECASTERS OF 4 to February 25,1964. gage in nonscheduled planeload charters CLEVELAND, INC. It is ordered, This 16th day of Jan­ of persons and their accompanying bag­ uary 1964,* that the request for extension gage between any point or points in the Order Continuing Hearing of time is granted, and that the changes of Great Britain and In re applications of Cleveland Broad­ noted above are approved. Northern Ireland, on the one hand, and casting, Inc., Cleveland, Ohio, Docket any point or points in the United States, Released: January 17, 1964. on the other. No. 15163, File No. BPCT-3117; Com­ munity Telecasters of Cleveland, Inc., F e d e r a l C ommunications Notice is hereby given, pursuant to the Cleveland, Ohio, Docket No. 15164, File C o m m i s s i o n , ^visions of the Federal Aviation Act of No. BPCT-3176; for construction per­ [ s e a l ] B e n F . W a p l e , uS amen(fed, that oral argument in mits for new television broadcast sta­ Secretary. tne above-entitled matter is assigned to tions. [FJR. Doc. 64-642; Filed, Jan. 22, 1964; »e heard on January 29, 1964, at 10:00 The Hearing Examiner having under 8:52 a .m .] P® ’ in Room 1027, Universal consideration a “Petition for Postpone­ ouiiamg, Connecticut and Florida Ave­ ment of Hearing Dates” jointly filed by nues NW., Washington, D.C., before the [D o c k e t N o s. 15176 etc.; F C C 6 4 M -4 5 ] Board. the applicants in the above-entitled mat­ ter and agreed to by counsel for the Com­ WTIF, INC., ET AL. at Washington, D.C., January mission’s Broadcast Bureau on January Order Continuing Hearing • 4'».1964. 14, 1964, and It appearing, that the petition should In the matter of revocation of license [ seal] F r a n c i s W . B r o w n , be granted with certain modifications, of Radio Station WTIF, Inc., for Stand­ Chief Examiner. It is ordered, This 16th day of Jan­ ard Broadcast Station W TIF, Tifton, 1F'R' Doc- 64-633; Filed, Jan. 22, 1964; uary 1964, that the aforesaid petition is Georgia, Docket No. 15176; in re appli­ 8 :50 a.m.J granted and that accordingly : cations of W DM G, INC., for renewal of 582 NOTICES license of Standard Broadcast Station It further appearing, that, in the pro­ 7. To determine whether, in light of all W DM G, Douglas, Georgia, Docket No. ceeding in Docket No. 15176, questions the evidence adduced with respect to the 15177, File No. BR-1709; WMEN, INC., are presented as to whether control over foregoing issues, a grant of the above- for renewal of license of Standard Broad­ Station W T IF has been transferred to captioned and described applications cast Station WMEN, Tallahassee, Flor­ B. F. J. Timm without prior Commission would serve the public interest, conven­ ida, Docket No. 15274, File No. BR-3030; approval; and questions are directed to ience and necessity. B. F. J. Timm, Jacksonville, Florida, the various activities, actions and con­ It is further ordered, That, this Order Docket No. 15275, File No. BP-13649; for duct of B. F. J. Timm which would ad­ shall supersede the aforementioned construction permit. versely affect his qualifications to remain Order released on September 30, 1963 In view of the Commission’s announce­ a licensee of the Commission; with respect to the issues only. ment, Public Notice No. 45889, released It further appearing, that in the pro­ It is further ordered, That, to avail January 16, 1964 in the above-entitled ceeding in Docket No. 15177, questions himself of the opportunity to be heard matter, It is ordered, This 17th day of are presented relating to the requisite B. F. J. Timm, pursuant to § 1.221 of the January 1964, that the hearing now qualifications of B. F. J. Timm; Commission’s rules, in person or by at­ scheduled to commence on January 29, It further appearing, that the financial torney, shall, within twenty (20) days 1964 in Tifton, Georgia, is hereby re­ information submitted with B. F. "J. of the mailing of this Order, file with the scheduled to commence at 10:00 a.m., Timm’s application in Jacksonville or Commission in triplicate, a written March 24, 1964, in the same city. incorporated therein by reference is not statement stating his intention to appear sufficiently current or adequate to pro­ on the date fixed for the hearing to pre­ Released: January 17,1964. vide the basis for a determination that sent evidence on the issues specified in F e d e r a l C ommunications Timm is financially qualified to meet his this Order. C o m m i s s i o n , commitments to construct and operate It is further ordered, That, B. F. J, [ s e a l ] B e n F . W a p l e , the proposed Jacksonville standard Timm shall, pursuant to section 311(a) Secretary. broadcast station; (2) of the Communications Act of 1934 [F.R. Doc. 64-643; Filed, Jan: 22, 1964; It further appearing, that, because of as amended, and § 1.594 of the Commis­ 8:52 a.m.] the matters raised in the proceedings in sion’s rules, give notice in Tallahassee, Dockets Nos. 15176 and 15177 and upon Florida, and in Jacksonville, Florida, of due consideration of the above-captioned the hearing within the time and in the [Docket Nos. 15176 etc.; FCC 64-36] applications, the Commission is unable manner prescribed in such rule, and WTIF, INC., ET AL. to find that a grant of said applications shall advise the Commission thereof as would serve the public interest, conven­ required by § 1.594(g) of the rules. ience or necessity; that, therefore, a Order Designating Applications for Released: January 17, 1964. Consolidated Hearing on Stated hearing is required; and that no ques­ Issues tions exist as to the qualifications of the F e d e r a l C ommunications applicants except as to the matters set C o m m i s s i o n , In the matter of revocation of license forth in the issues below: [ s e a l ] B e n F . W a p l e , of Radio Station WTIF, Inc., for Stand­ It is ordered, That, pursuant to section Secretary. 309(e) of the Communications Act of ard Broadcast Station WTIF, Tifton, [F.R. Doc. 64—644; Filed, Jan. 22, 1964; Georgia, Docket No. 15176; in re appli­ 1934, as amended, the renewal applica­ 8:52 a .m .] cations of W DM G, INC., for renewal of tion of WMEN, Inc. (BR-3030) Talla­ license of Standard Broadcast Station hassee, Florida and the application of W DM G, Douglas, Georgia, Docket No. B. F. J. Timm for a construction perinit 15177, File No. BR-1709; WMEN, INC., for a new standard broadcast station at FEDERAL MARITIME COMMISSION for renewal of license of Standard Jacksonville, Florida (BP-13649) are Broadcast Station W M EN, Tallahassee, designated for hearing and are consoli­ OCEANIC STEAMSHIP CO. AND Florida, Docket No. 15274, File No. B R - dated in the hearing proceeding on the AMERICAN PRESIDENT LINES, LTD. 3030; B. F. J. Timm, Jacksonville, other above-captioned applications, at Florida, Docket No. 15275, File No. B P - a time and place to be specified in a Notice of Filing of Agreement 13649; requests: 970 kc, 1 kw, DA, day, subsequent Order, upon the following issues : Notice is hereby given that the fol­ for construction permit. lowing described agreement has been 1. To determine whether B. F. J. Timm At a session of the Federal Communi­ filed with the Commission for approval engaged in improper conduct designed cations Commission held at its offices in pursuant to section 15 of the Shipping Washington, D.C., on the 15th day of to prevent or eliminate broadcast com­ petition in Douglas, Georgia; Act, 1916 (39 Stat. 733; 75 Stat. 763; January 1964: 46 U.S.C. 814) : The Commission having under con­ . 2. To determine whether B. F. J. Timm was the real party in interest in an appli­ Agreement No. 9294, between The sideration the above-captioned applica­ Oceanic Steamship Company and Amer­ tions; * cation for a new rad^o station at Alma, Georgia, for the purpose of impeding and ican President Lines, Ltd., provides for It appearing, that, on September 25, the appointment by the Oceanic Steam­ 1963, the Commission adopted an Order barring the construction of Radio Sta­ tion WSIZ, Douglas, Georgia; ship Company of American President designating for hearing the application Lines, Ltd., as its general passenger (BR-1709) of W DM G, Inc. for renewal 3. To determine whether on or about January, 1961, B. F. J. Timm assumed agent in , , the Philip­ of license of Station W DM G, Douglas, pines, and Malaysia, which appointment Georgia, on issues presenting questions control of the licensee of Station WTEF, Tifton, Georgia, in contravention of sec­ American President Lines, Ltd., accepts, relating to the character qualifications with respect to the vessels designated of B. F. J. Timm, 100 percent owner of tion 310(b) of the Communications Act of 1934, as amended; and operated by Oceanic in its various W DM G, Inc. services. The agreement also provides It further appearing, that on Septem­ 4. To determine whether B. F. J. T imm engaged in misrepresentations to the the rates of compensation to be paid ber 25, 1963, the Commission adopted an by the Oceanic Steamship Company to Order To Show Cause directed against Commission or demonstrated a lack of candor in statements filed with the Com­ American President Lines, Ltd., for the Radio Station W TIF, Inc., licensee of performance of the services described w Station W TIF, Tifton, Georgia, looking mission in connection with the closing of Station WSIZ; the agreement. toward the revocation of license of Sta­ Interested parties may in sp ect this tion W TIF; 5. To determine whether B. F. J. T i m m is financially qualified to construct and agreement and obtain copies thereof at It further appearing, that in an Order operate his proposed standard broadcast the Bureau of Foreign Regulation, Fed­ released on September 30,1963, the Com­ station at Jacksonville, Florida; eral Maritime Commission, Washington, mission consolidated the hearing on the 6. To determine whether, in light of D.Ç., or may inspect a copy a t th e offices renewal application of W D M G with the the evidence adduced in the foregoing of the District Managers of the Com m is­ hearing on the Revocation of License of issues, B. F. J. Timm possesses the requi­ sion in New York, N.Y., New Orleans, Station W TIF, Tifton, Georgia (Docket site character qualifications to be a li­ La., and , Calif.; and®1™ 15176). censee of the Commission; and submit to the Secretary, F e d e r a l M a | Thursday, January 23, 1964 FEDERAL REGISTER 583

time Commission, Washington, D.C., (Applicant), Knoxville, Tennessee, filed [Project No. 2413] 20573, within 5 days after publication of hi Docket No. CP64-135 an application GEORGIA POWER CO. this notice in the F e d e r a l R e g i s t e r , pursuant to section 7(c) of the Natural written statements with reference to the Gas Act for a certificate of public con­ Notice of Application for Preliminary [agreement and their position as to ap­ venience and necessity authorizing the Permit proval, disapproval, or modification, to­ construction and operation of an addi­ gether with a request for hearing should tional submerged pipeline crossing of the J a n u a r y 15, 1964. such hearing be desired. French Broad River-Douglas Reservoir, Public notice is hereby given that ap­ Jefferson and Cocke Counties, Tennessee, D a te d : January 20, 1964. plication has been filed under the Fed­ all as more fully set forth in the appli­ eral Power Act (16 U.S.C. 791a-825r) By order of the »Federal Maritime cation on file with the Commission and by Georgia Power Company (correspond­ Commission. open to public inspection. ence to: E. C. Hammond, Vice President T h o m a s L i s i , ' Applicant proposes to construct and and Secretary, Georgia Power Company, Secretary. operate approximately 3,465 feet of single P.O. Box 4545, Atlanta 2, Georgia) for 6-inch line, together with necessary ap­ m F-R- D 00- 64-629; Filed, Jan. 22, 1964; preliminary permit for proposed Proj­ purtenances. The proposed crossing is 8:50 a.m.] ect 2413, to be known as the Lauren located on a lateral line serving Jeffer- Shoals Project, located on the Oconee son-Cocke County Utility District which River in Putnam, Morgan, Oconee, Ogle­ MEMBERS OF U.S. ATLANTIC AND Utility District is the sole supplier of nat­ thorpe, Greene and Hancock Counties, GULF/AUSTRAL!A NEW ZEALAND ural gas to White Pine and Newport, Georgia, and affect lands of the United CONFERENCE AND PACIFIC COAST Tennessee. States within Piedmont and Broad River AUSTRALASIAN TARIFF BUREAU Applicant states that the existing Soil and Conservation Districts. crossing is in danger of being washed out Notice of Filing of Agreement The proposed project would develop because of bank scouring and erosion the Laurens Shoals site on the Oconee Notice is hereby given that, the fol­ and that should said crossing fail, nat­ River 173.1 miles upstream from the con­ lowing described agreement has been ural gas service would be lost in White fluence with the Ocmulgee River. The filed with the Commission for approval Pine and Newport. Applicant states fur­ site is about 24 miles upstream from pursuant to section 15 of the Shipping ther that the design of the proposed Georgia Power Company’s Sinclair Dam, Act, 1916 (39 Stat. 733; 75 Stat. 763; crossing will guard against future scour­ under Commission license as Project No. 46 US.C. 814): ing or erosion of the banks. 1951. The proposed project will inun­ Agreement No. 9291, between members The application shows the estimated date about 38,000 acres of land and of the U.S. Atlantic and Gulf / would afford a hydroelectric plant with cost of the proposed facilities to be New Zealand Conference and of the Pa­ a maximum gross head of 115 feet. Pre­ cific Coast Australasian Tariff Bureau, $149,800, which cost will be financed from liminary studies by applicant indicate a covers an arrangement whereby the par­ general funds and/or from short term plant of 150,000 kilowatt capacity is fea­ ties may confer, discuss and exchange bank loans. sible with possible increase to a generat­ information as to rates, charges, terms This matter is one that should be dis­ ing capacity of 400,000 kilowatts with the and conditions of carriage of cargo, and posed of as promptly as possible under addition of pumped storage facilities. agree upon rates, charges, terms and the applicable rules and regulations and Protests or petitions to intervene may conditions governing the transportation to that end: be filed with the Federal Power Commis­ of cargoes in the trades covered by their Take further notice that preliminary sion, Washington, D C., 20426, in ac­ respective conference agreements. staff analysis has indicated that there are cordance with the rules of practice and Interested parties may inspect this no problems which would warrant a rec­ procedure of the Commisison (18 CFR agreement and obtain copies thereof at ommendation that the Commission des­ 1.8 or 1.10). The last day upon which the Bureau of Foreign Regulation, Fed­ ignate this application for formal hear­ protests or petitions may be filed is eral Maritime Commission, Washington, March 27, 1964. The application is on D.C., or may inspect a copy at the offices ing before an examiner and that, pur­ suant to the authority contained in and file with the Commission for public of the District Managers of the Commis­ inspection. sion in New York, N.Y., New Orleans, subject to the jurisdiction conferred upon J o s e p h H. G u t r i d e , La., and San Francisco, Calif., and may the Federal Power Commission by sec­ submit to the Secretary, Federal Mari­ tions 7 and 15 of the Natural Gas Act, Secretary. time Commission, Washington, D.C., and the Commission’s rules of practice [F.R. Doc. 64-609; Filed, Jan. 22, 1964; 20573, within 29 days after publication and procedure, a hearing may be held 8:47 a.m.] of this notice in the F e d e r a l R e g i s t e r , without further notice before the Com­ written statements with reference to the mission on this application provided no agreement and their position as to ap­ [Docket No. G-4720 etc.] protest or petition to intervene is filed proval, disapproval, or modification, to­ gether with a request for hearing should within the^tlme required herein. Where RESERVE OIL AND GAS CO. ET AL. such hearing be desired. a protest or petition for leave to inter­ vene is timely filed, or where the Com­ Notice of Applications for Certificates, Dated: January 20, 1964. mission on its own motion believes that Abandonment of Service and Peti­ By order of the . Federal Maritime a formal hearing is required, further no­ tions To Amend Certificates; Cor­ Commission. tice of such hearing will be duly given. rection T h o m a s L i s i , Under the procedure herein provided D e c e m b e r 17, 1963. Secretary. for, unless otherwise advised, it will be [F.R. Doc. 64-630; Filed, Jan. 22, 1964; unnecessary for Applicant to appear or Reserve Oil and Gas Company (Suc­ 8:50 a.m.] be represented at the hearing. cessor to Producing Properties, In c.), et Protests or petitions to intervene may al., Docket No. G-4720, et al.; Standard be filed with the Federal Power Commis­ Oil Company of Texas, A Division of federal power commission sion, Washington, D.C., 20426, in accord­ California Oil Company, Docket No. G-7223. [Docket No. CP64-135] ance with the rules of practice and pro­ cedure (18 CFR 1.8 or 1.10) on or before In the Notice of Applications for Cer­ EAST TENNESSEE NATURAL GAS CO. February 10, 1964.\ tificates, Abandonment of Service and Petitions to Amend Certificates, issued Notice of Application J o s e p h H. G u t r i d e , October 22, 196? and published in the J a n u a r y 16,1964. Secretary. F e d e r a l R e g i s t e r October 26, 1963 (F.R. v n°tice that on December 10,1963, [F.R. Doc. 64-608; FUed, Jan. 22, 1964; Doc. 63-11305; 28 FR^11493-94), after aast Tennessee Natural Gas Company 8:47 a.m.] Docket No. G-7223, under column headed No. 16------5 584 NOTICES

“Price Per Mcf”, change price to read Tariff: Supplement 111 to Southern Lines, 3920 East 54th Street, Tulsa, Okla. “9.0tf” in lieu of “5.5if”. Freight Association, agent, tariff I.C.C. of a portion of the operating rights in S-194. Certificate in No. MC 58022 (Sub-No. l), J o s e p h H . O u t r i d e , FSA No. 38761: Liquid caustic soda to issued May 26,1958, to Frank J. Mitchell,’ Secretary. Danville, Va. Filed by O. W . South, doing business as Black Mountain Truck [P.R. Doc. 64-625; Piled, Jan. 22, 1964; Jr., agent (No. A4434), for and on behalf Lines, Parker, Ariz., authorizing the 8:49 ajn.j of Southern Railway Company. Rates transportation of general commodities, on liquid caustic soda, in tank car loads, with certain exceptions, but not exclud­ from Evans City and Redstone Arsenal, ing the transportation of household Ala., to Danville, Va. goods. The portion transferred herein INTERSTATE COMMERCE Grounds for relief: Market competi­ covers the transportation of Household tion. goods, between points in Arizona within COMMISSION Tariff: Supplement 111 to Southern 25 miles of Parker, Ariz., and points in Freight Association, agent, tariff I.C.C. San Bernardino County, Calif., within 50 FOURTH SECTION APPLICATIONS S-194. miles of Earp, Calif. FOR RELIEF FSA No. 38762: Liquefied chlorine gas No. M C-FC 66480. By order of Janu­ from Redstone Arsenal, Ala. Filed by ary 15, 1964, the Tranfer Board ap­ J a n u a r y 20, 1964. i O. W . South, Jr., agent (No. A4435), for proved the transfer to Eugene L. Coffin, Protests to the granting of an applica­ interested rail carriers. Rates on lique­ doing business as Wenatchee Valley tion must be prepared in accordance fied chlorine gas, in tank car loads, from Auto Freight^ Leavenworth, Wash., of with Rule 1.40 of the general rules of Redstone Arsenal, Ala., to St. Mary’s, the operating rights in Certificate in No practice (49 CPR 1.40) and filed within Ga. MC 42139, MC 42139 (Sub-No. 1), and 15 days from the date of publication of Grounds for relief: Market competi­ MC 42139 (Sub-No. 2), issued Novem­ this notice in the F e d e r a l R e g i s t e r . tion. ber 12, 1940, July 5, 1941, and October

L o n g - a n d -S h o r t H a u l Tariff: Supplement 111 to Southern 21, 1946, respectively, to Wm. Brender, Freight Association, agent, tariff I.C.C. doing business as Wenatchee Valley FSA No. 38757: Plaster, gypsum wall- S-194. Auto Freight, Leavenworth, Wash., board and related articles from Duke, FSA No. 38763: Ground barytes to authorizing the transportation, over reg­ Okla. Filed by Southwestern Freight North Zvlch and Palestine, Tex. Filed ular routes, of general commodities, ex­ Bureau, agent (No. B-8497), for inter­ by Southwestern Freight Bureau, agent cluding household goods, commodities in ested rail carriers. Rates on plaster and (No. B-8498), for interested rail car­ bulk, and other specified commodities, gypsum wallboard and related articles, riers. Rates on barite (barytes), between Wenatchee, Wash., and Leaven­ as described in the application, in car­ ground; not precipitated or refined by worth, Wash., between Leavenworth, loads, from Duke, Okla., to points in chemical process, in carloads, from spec­ Wash., and Camp Icicle, Wash., between Wyoming. ified points in Missouri, to North Zulch Leavenworth, Wash., and Stevens Pass, Grounds for relief: Market competi­ and Palestine, Tex. Wash., and between junction Alternate tion. Grounds for relief: Market competi­ U.S. Highway 10 and Washington High­ Tariff: Supplement 137 to Southwest­ tion. way 150 north of Winton and Telma, ern Freight Bureau, agent, tariff I.C.C. Tariff: Supplement 15 to Southwest­ W ash. George H. Hart,'" 640 Central 4017. ern Freight Bureau, agent, tariff I.C.C. Building, Seattle, Wash., 98104, and J. FSA No. 38758: Asphalt from Kansas 4509. Harold Anderson, Cashmere, Wash., and Missouri. Filed by Southwestern attorneys for applicant. Freight Bureau, Agent (No. B-8496), for By Jhe Commission. No. M C-FC 66498. By order of Jan­ interested rail carriers. Rates on as­ [ s e a l ] H a r o l d D. M c C o y , uary 15, 1964, the Transfer Board ap­ phalt (asphaltum), natural, by-product Secretary: proved the transfer to Doyle E. Tomhave, or petroleum (other than paint, stain [F.R. Doc. 64-621; Filed, Jan. 22, 1964; doing business as Fergus Bus Company, or varnish), petroleum road oil and 8:49 ajn.] Fergus Falls, Minn., of the operating petroleum wax tailings, in tank-car rights in Certificate in No. MC 114206, loads, from points in . Kansas and Mis­ issued May 5, 1954, to Edwin E. Steussy, souri, to points in Minnesota, North [Notice 928] doing business as Wadena-Fergus Falls- Dakota, and South Dakota. MOTOR CARRIER TRANSFER Wahpeton Bus Line, Fergus Falls, Minn., Grounds for "relief: Market competi­ PROCEEDINGS authorizing the transportation, over tion. regular routes, of passengers and their Tariff: Supplement 329 to Southwest­ J a n u a r y 20, 1964. baggage, and express and newspapers in ern Freight Bureau, agent, tariff I.C.C. Synopses of orders entered pursuant the same vehicle with passengers, be- 4279. to section 212(b) of the Interstate Com­ tween Wadena, Minn., and Wahpeton, 1 FSA No. 38759: Liquid Caustic Soda merce Act, and rules and regulations pre­ N. Dak. Harlan L. Nelson, Fergus Falls, from Anniston, Ala. Filed by O. W. scribed thereunder (49 CFR Part 179), Minn,, attorney for applicants. South, Jr., Agent (No. A4432), for and appear below: No. MC-FC 66510. By o r d e r of Jan­ on behalf of Southern Railway Company. As provided in the Commission’s spe­ uary 15, 1964, the Transfer Board ap­ Rates on liquid caustic soda, in tank car cial rules of practice any interested per­ proved the transfer to A -l Moving & loads, from Anniston, Ala., to Rome, Ga. son may file a petition seeking reconsid­ Storage Co., Irle., 810 Arctic Avenue, At­ Grounds for relief: Market competi­ eration of the following numbered pro­ lantic City, N.J., of the o p e r a t in g rights tion. ceedings within 20 days from the date of In Certificate in No. MC 89246, issued Tariff: Supplement 111 to Southern publication of this notice. Pursuant to July 15, 1957, to Clarence M. Norris, do­ ing business as C. M. N. Express, Fire Freight Association, agent, tariff I.C.C. section 17(8) of the Interstate Commerce Act, the filing of such petition will post­ Road, Absecon, N.J., authorizing the S-194. transportation of household goods, over FSA No. 38760: Liquid caustic soda pone the effective date of the order in that proceeding pending its disposition. Irregular routes, between A t la n t ic City. from Redstone Arsenal, Ala. Filed by The.matters relied upon by petitioners N.J., on the one hand, and, o n t h e other, O. W. South, Jr., agent (No. A4433), for must be specified in their petitions with points In New York and Pennsylvania. interested rail carriers. Rates on liquid particularity. caustic soda,v in tank car loads, from [ s e a l ] H a r o l d D. M cC o y , No. M C-FC 66379. By order of Janu­ Secreta ry . Redstone Arsenal, Ala., to Louisville, Ky. ary 15, 1964, the Transfer Board ap­ Grounds for relief: Market competi­ proved the transfer to Wm. B. Johnson, [F.R. Doc. 64-622; Filed, J a n . 22, 19641 I tion. doing business as Intermountain Van 8:49 a.m.] Thursday, January 23, 1964 FEDERAL REGISTER 585

KEITH H. LYRLA furnish for filing with the office of the 6284; 27 F.R. 684, 6409; 28 F.R. 197, 7059) Federal Register for publication in the during the period from July 1, 1963 Statem ent of Changes in Financial F e d e r a l R e g i s t e r the following informa­ through December 31, 1963. Interests tion showing any changes in my financial No change. interests and business connections as ! pursuant to subsection 302(c), Part Dated: January 10, 1964. HI, E x e c u tiv e Order 10647 (20 P.R. 8769) heretofore reported and published (20 »Providing for the Appointment of Cer­ F.R. 10086; 21 F.R. 3475, 9198; 22 F.R. K e i t h H . L y r l a . tain P e rs o n s under the Defense Produc­ 3777, 9450; 23 F.R. 3798, 9501; 24 F.R. [F.R. Doc. 64-623; Filed, Jan. 22, 1964; tion Act of 1950, as amended,” I hereby 4187, 9502; 25 F.R. 102; 26 F.R. 1692, 8:49 a.m.]

CUMULATIVE CODIFICATION GUIDE— JANUARY 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 January.

3 CFR Pase 7 CFR—Continued Pdge 14 CFR—Continued page Proclamations : P r o p o s e d R u l e s : P r o p o s e d R u l e s : 3298______247, 249 70______146 1 [N ew ]______15 3566 ______67 81______289, 530 4b______352 3567 ______- 69 362______405 8_____ — ______477 3568 --- 71 917______266 13______15 3569— ______247 919— ______50 33 [N ew ]______15 3570- ______" 249 959______107 40 ______50, 266, 352 3571______453 970______107 41 ______50,266, 352 Executive O rd ers: 980______50 42 ______50, 266, 352 9721______225 1001______146 46______50 10000______’______:______223 1002— ______- 146 71 [N ew ]— ______21, 10103-______225 1003 ______146 324, 325, 352, 433, 435, 569-575 10903______223 1004 ______146 73 [N ew ]______21,325,436 11007______129 1006 ___ 146 75 [N e w ]______436,575 11135 ______i ______125 1007 ______146 91 [N e w ]______;______266,477,576 11136 ______^ ______129 1014 ______I ______146 159 [N ew ]______576 11137-______223 1015 ______- ______146 298______433 11138 ______225 1016 ______146 507------107,108, 268, 437 11139 ___ 227 1037______289, 569 15 CFR Presidential D o c u m e n t s O t h e r 1041___ :______289, 569 30— ______312 T h a n P roclamations a n d E x ­ 203— ______559 e c u t iv e O r d e r s : 9 CFR Report of Determination, Janu- 74______175, 230, 525, 554 371______312 373______312 ary 6, 1964______— 427 78— — ______— ______43 97— ______86 379______312 5 CFR 201______— 231 385______312 213______41, 203______311 399______340 229, 251, 340, 429, 474, 498, 525 531______;______251 12 CFR 16 CFR 534_____ 251 1— ...... — ...... 498 13 ______256,257, 282, 284, 399-402 591— ______429 204— ______398 14 ______— 178 752______429 208______398 303______48 217— — — ______398 P r o p o s e d R u l e s : 6 CFR 408_____ 530 310__ . — ______339 522______312 519— 561______:__ :______44, 429 17 CFR 563______45 241— ------341 7 CFR P r o p o s e d R u l e s : l - P r o p o s e d R u l e s : 339 545______—— ...... 355 240______478 2 1 0 ... 563—_____ — ...... 52 354.. 18 CFR 401.. 13 CFR 3______73 719.. 121______86,176 722.. P r o p o s e d R u l e s : P r o p o s e d R u l e s : 157______k______— 22 7 3 0 - 107______297 260— ______21 812. 121______233 831. 19 CFR 851.. 14 CFR 1— ______— ______48 905. 42______429 8______14 907 71 [N ew ]______3, 14— ______180 909. 4, 73, 132, 133, 253, 254, 281, 282, 25______313 910. 430,555-557. 9 1 1 - 73 [N ew ]______3, 4,133,176, 558 21 CFR 916. 91 [N e w ]____ —;______45 l — ______257 944. 95 [N ew ]______455 2______471 959. 97 [N e w ]______5,74,83,458,487 121______73,314,472, 559, 560 971 101 [N ew ]______45 146______314 980. 221______177 P r o p o s e d R u l e s : 984.. 507______13, 47, 83,134,255, 430,431, 558 19______297 999.. 1204______177 36______297 1137 Ch. X V ______526 121— ______15 1474 1502______526 146______15 586 FEDERAL REGISTER

21 CFR— Continued P a g e 36 CFR P a g e 43 CFR—Continued % P roposed R ules—Continued P r o p o s e d R u l e s : P u b l i c L a n d O r d e r s — Continued 146a______15 1______477 3304------431 146b______15 3______477 3305 ------~------432 146c______._____ 15 45 CFR 146e______15 37 CFR 114------— ------144 24 CFR l ______474 46 CFR 203______;______499 213______499 39 CFR 206______265 4QQ 506— ______265 220______Ch. I______344 221______499, 500 16______561 47 CFR 231______„ 500 17______48 0 _____ ----- 144,344 ._ 500 234______21______562 1 ______— ----- _ _ 265 25 CFR 22______— 562 13____i ______------265 131______473 23 ______563 21______------265 24 ______563 23— ______------265 26 CFR 25 _ 285, 474, 502, 563 25_'______----- 265,345 151______48 27______563 61-63______------265 170______314 29______* ______564 66______------265 296______._ 315 33______564 73______----- 265,351 301______134 61______285 74— ____ — ------265 P roposed R ules: 168___:______258 81______------265 1______566, 567 83______, ------265 28 CFR 41 CFR 85______------265 87— ______145,265 44______284 5-1 ______— 231 89______— _ 265 5-2______286 91______— 265 29 CFR 5-3______286 93______265 l ______...... ______95 5-7____— ______286 3______97 95— ______265 5-16_____ 287 97______— 265 5______99 5-53______288 526______342 P r o p o s e d R u l e s : 5B-2 _— ______232 1— — . ___ _ 147 31 CFR 50-204______260 2______...... 577 202______343 P r o p o s e d R u l e s : 3______23,317 203______343 50-204______266 15-______...... 577 32 CFR 21______410 43 CFR 73______147,352,503 222______500 81______578 227______560 1______143 83_____ — ______578 274______343 6______— 260 91______410 578______527 P u b l i c L a n d O r d e r s : 97______354 750______403 2942______264 753______— 403 3263______- ____ 529 49 CFR 836______285 3282______— ______431 95______564,565 1714______180 3284______264 120______351 3294-______144 123--______104 33 CFR 3296___ 431 170______105 8______231 3301 _____ 264 203______- _____ 258 3302 ____ 431 50 CFR 206...... 529 3303...... - ____ 431 33______49

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Official guide to the functions o f the Federal Government PAPER BOUND, WITH CHARTS

Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.G., 20402