FEDERAL REGISTER VOLUME 33 • NUMBER 23 Friday, February 2, 1968 • Washington, D.C. Pages 2491-2556

Agencies in this issue— The President Agricultural Stabilization and Conservation Service Agriculture Department Atomic Energy Commission Civil Service Commission Consumer and Marketing Service Customs Bureau Federal Aviation Administration Federal Communications Commission Federal Maritime Commission Federal Power Commission Federal Reserve System Food and Drug Administration General Services Administration Indian Affairs Bureau Internal Revenue Service Interstate Commerce Commission Land Management Bureau Maritime Administration Securities and Exchange Commission Small Business Administration Treasury Department Detailed list o f Contents appears inside. 2-year Compilation Presidential Documents

Code of Federal Regulations TITLE 3, 1964-1965 COMPILATION

Contains the full text of Presidential Proclamations, Executive orders, reorganization plans, and other formal documents issued by the President and published in the Federal Register during the period January 1, 1964- December 31, 1965. Includes consolidated tabular finding aids and a consolidated index.

Price: $3.75

Compiled by Office of the Federal Register, National Archives and Records Service, General Services Administration

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

Published daily, Tuesday through Saturday (no publication on Sundays, Mondays, or FEDERAL^PEGISTER on the day after an official Federal holiday), by the Office of the Federal Register, National Archives and Records Service, General Services Administration (mail address National Area Code 202 V '«♦ ¿ r Phone 962-8626 Archives Building, Washington, D.C. 20408), pursuant to the authority contained in the Federal Register Act, approved July 26, 1935 (49 Stat. 500, as amended; 44 U.S.C., Ch. 8B ), under regulations prescribed by the Admin­ istrative Committee of the Federal Register, approved by the President (1 CFR Ch. I ). Distribution is made only by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The Federal R egister will be furnished by mail to subscribers, free of postage, for $1.50 per month or $15 per year, payable In advance. The charge for individual copies varies in proportion to the size of the issue (15 cents for the first 80 pages and 5 cents for each additional group of 40 pages, as actually bound). Remit check or money order, made payable to the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. The regulatory material appearing herein is keyed to the Code of Federal R egulations, which is published, under 50 titles, pur­ suant to section 11 of the Federal Register Act, as amended. The Code of F ederal R egulations is sold by the Superintendent of Documents. Prices of books and pocket supplements are listed in the first Federal R egister issue of each month. There are no restrictions on the republication of material appearing in the Federal R egister or the Code of Federal R egulations. Contents

CUSTOMS BUREAU FEDERAL POWER COMMISSION THE PRESIDENT Notices Notices Canned tomato paste from France; Hearings etc.: PROCLAMATION Carolina Power & Light Co____ 2548 American Heart Month, 1968------2495 notice of countervailing duty proceedings______2533 Gagliardi, Norman E., et al___ 2544 Frozen haddock fillets from east­ Getty Oil Co______2542 ern Canadian provinces; anti­ Gulf Oil Corp., et al______2544 EXECUTIVE AGENCIES dumping proceeding notice____ 2533 Hassie Hunt Trust et al______2546 Manufacturers Light and Heat AGRICULTURAL STABILIZATION Co. et al______2548 FEDERAL AVIATION AND CONSERVATION SERVICE Sarkeys, Inc., et al______2547 ADMINISTRATION Southern Natural Gas Co______2549 Rules and Regulations FEDERAL RESERVE SYSTEM Domestic beet sugar producing Rules and Regulations area; designation of crop of Airworthiness directives: Proposed Rule Making sugar beets by year------2503 Fairchild Hiller aircraft______2593 Reserves of member banks; com­ Hawker Siddley Model DH-125 putation . of reserve require- AGRICULTURE DEPARTMENT Series 1A, 1A-522, 1A/R-522, m e n ts______:____ 2532 3A and 3AR airplanes------2504 See also Agricultural Stabilization Notices and Conservation Service; Con­ Control zone and transition area: BT New York Corp.; order on sumer and Marketing Service. Alteration ______2504 petitions for reconsideration___ 2549 Designation and alteration____ 2505 Rules and Regulations Jet routes; alteration and ex­ FOOD AND DRUG Milk indemnity payment pro­ tension ______2506 ADMINISTRATION gram ______2497 Restricted area; alteration______2506 Standard instrument approach Rules and Regulations ATOMIC ENERGY COMMISSION procedures ; miscellaneous DOM (STP); addition to list of am endm ents______'__ .______2507 drugs subject to control------2511 Notices Transition area: GENERAL SERVICES University of Texas; notice of Alteration ______2505 proposed issuance of facility Designation (2 documents) _ 2505, 2506 ADMINISTRATION license amendment______2535 Proposed Rule Making Notices Essential residence telephone Airworthiness directives; BAC 1-11 service in time of emergency— 2549 CIVIL SERVICE COMMISSION Model 212AR, 401AK, and 410AQ Rules and Regulations Series airplanes______2531 HEALTH, EDUCATION, AND National Foundation on the Arts Proposed designations: WELFARE DEPARTMENT and Humanities ; excepted serv­ Control area.______2531 See Food and Drug Administra­ ice______2497 Federal airway______2531 tion. COMMERCE DEPARTMENT FEDERAL COMMUNICATIONS INDIAN AFFAIRS BUREAU See Maritime Administration. COMMISSION Notices Washoe Indians of Alpine County, Notices CONSUMER AND MARKETING Calif.; transfer of jurisdiction_ 2542 Licensees - and candidates; notice SERVICE regarding election complaints_ 2536 INTERIOR DEPARTMENT Hearings, etc.: See Indian Affairs Bureau; Land Rules and Regulations Management Bureau. Irish potatoes grown in Modoc and Court House Broadcasting Co., Siskiyou Counties in California and Family Broadcasting Co., INTERNAL REVENUE SERVICE Inc______2537 and all counties in Oregon Rules and Regulations except Malheur County; ship­ Florida-Georgia Television Co., ment limitations______2503 Inc., et al______2538 Standards of identity for neutral General Electric Cablevision spirits and domestic whiskies; Milk in eastern Colorado market­ Corp______2538 correction ______2511 ing area; order suspending West Michigan Telecasters, Inc_ 2538 Proposed Rule Making certain provision______2503 “What the Bible Says, Inc.", TJ-S. standards for grades: et al______2539 Alcohol, tobacco, and other excise Grapefruit juice______2500 taxes; manufacture, sale, use, and reuse, of liquor battles------2517 Shelled pecans______2500 FEDERAL MARITIME Proposed Rule Making COMMISSION INTERSTATE COMMERCE tosh potatoes grown in south­ COMMISSION Notices eastern states; notice of hearing Notices regarding marketing agreement Port of New Orleans and United and order______2524 Fruit Co.; agreement filed for Motor carrier: Temporary authority applica­ approval______2541 Limes grown in Florida and tions ______2553 Avocados grown in south Revocation of license: Transfer proceedings------2554 Florida; determinations______2524 Godwin’s, Samuel Sons______2541 Tomatoes grown in Florida; rec­ Rowe, William R. Corp------2541 (Continued on next page) ommended decision______2526 Watson, L. B., Co______2541 2493 2494 CONTENTS

LAND MANAGEMENT BUREAU SECURITIES AND EXCHANGE TRANSPORTATION DEPARTMENT Rules and Regulations COMMISSION See Federal Aviation Administra­ Exchanges; establishment of uni­ Rules and Regulations tion. form procedures for handling_2511 Insider trading______2510 Notices TREASURY DEPARTMENT MARITIME ADMINISTRATION Hearings, etc.: See also Customs Bureau; In­ Proposed Rule Making TRW International Finance ternal Revenue Service. Corp______2550 Subsidized operators; guidelines Notices for payment-'______2531 United Corp______2551 Uranium Exploration Corp_____ 2552 TMTD and ZDC from Nether­ Notices lands; determination of sales at List of free world and Polish flag SMALL BUSINESS not less than fair value______2533 vessels arriving in Cuba since ADMINISTRATION January 1, 1963______2533 Notices Director and Assistant Director, Office of Administrative Serv­ ices; delegation of administra­ tive activities------2553

List of CFR Parts Affected The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published in today's issue. A cumulative list of parts affected, covering the current month to date, appears at the end of each issue beginning with the second issue of the month. A cumulative guide is published separately at the end of each month. The guide lists the parts and sections affected by documents published since January 1, 1968, and specifies how they are affected.

3 CFR 12 CFR 17 CFR roposed u l e s 240- ______. 2510 P roclamation : P R : 204______. 2532 3824______2495 21 CFR 14 CFR 1 6 6 ______- - 2511 5 CFR 39 (2 documents) ------___ 2503,2504 26 CFR 213______2497 71 (5 documents)______2504-2506 73 ______2506 P roposed R u l e s : 7 CFR 75______2506 173—____: ______2517 97______2507 175______2517 16______2497 194 ______...... 2517 P roposed R u l e s : 51 ______2500 200 ______2517 52 ______2500 39 ______2531 201 ______2517 891______2503 71 (2 documents)______2531 250 2517 947______2503 2 5 1 ______2517 1137______2503 P roposed R u l e s : 27 CFR 5 ...... 2511 911______915_____ ;— )------2524 953______2524 43 CFR 966______2526 2240______1______2511 Presidential Documents

Title 3— THE PRESIDENT Proclamation 3824 AMERICAN HEART MONTH, 1968 By the President of the United States of America A Proclamation Heart and blood vessel diseases continue to be our Nation’s number one killer. More than fourteen and a half million American adults definitely have heart disease. It is suspected that another thirteen million are similarly afflicted. Heart and circulatory diseases take more lives in our country every year than all other causes of death combined. Their legacy is pain, disability and sorrow in millions of families. Their cost to the nation exceeds twenty-five billion dollars annually. In recent years physicians and medical scientists have scored im­ pressive gains in the struggle against heart and blood vessel disease. In the past year alone there have been new breakthroughs in heart surgery, and new triumphs in drug treatment. These and a host of other developments will save the lives of many men and women, and lengthen the lives of many more. The outlook is brighter for heart victims everywhere. Yet our great advances cannot obscure the magnitude of the task that still confronts us. W e have far to go before we eliminate diseases of the heart and blood vessels as serious threats to life and health. Tomorrow’s advances—like today’s achievements—will depend upon expanded programs of research, training, education, and service. For leadership in this critical effort, we shall look, as we have in the past, to the American Heart Association and other private and pro­ fessional groups, to the National Heart Institute and the Heart Disease Control Program of the Public Health Service. Together, these constitute a creative partnership of government and private endeavor, dedicated to a common purpose and sustained by a con­ cerned citizenry. W ith the unremitting support of all Americans, we can move ahead, a triumph at a time, toward ending the threat of heart and circulatory ' disease to the well-being of our people. The Congress, by a joint resolution approved December 30, 1963 (77 Stat. 843), requested the President to issue annually a proclamation designating February as American Heart Month. NOW, THEREFORE, I, LYNDON B. JOHNSON, President of the United States of America, do hereby proclaim the month of February 1968 as American Heart Month, and I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2496 THE PRESIDENT

I urge the people of the United States to give heed to the nation­ wide problem of the heart and blood vessel diseases, and to support all essential programs required to bring about its solution. IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of January, in the year of our Lord nineteen hundred and sixty-eight, and of the Independence of the United States of America the one hundred and ninety-second.

[F.R. Doc. 68-1356; Filed, J a n . 31,1968; 3: 07 p.m.]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2497 Rules and Regulations

(8) Until September 30, 1968, Pro­ § 16.2 Definitions. Title 5— ADMINISTRATIVE gram Officer, Division of Fellowships and For purpose of this subpart, the fol­ Stipends. lowing terms shall have.the meanings (9) Until September 30,1968, Program PERSONNEL specified: Officer, Division of Research and Publi­ (a) “Secretary” means the Secretary Chapter I— Civil Service Commission cations. of Agriculture of the United States or PART 213— EXCEPTED SERVICE (10) Until September 30, 1968, Assist­ ant to the Director, Division of Planning any officer or employee of the U.S. De­ National Foundation on the Arts and Analysis. partment of Agriculture to whom he has and Humanities delegated, or to whom he may hereafter (5 TJ.S.C. 3301, 3302, E.O. 10577, 19 F.R. 7521, delegate authority to act in his stead. Section 213.3182 is amended to show 3 CFR, 1954-58 Comp., p. 218) (b) “ASCS” means the Agricultural that Schedule A exception is extended U nited S tates C iv il S erv­ Stabilization and Conservation Service, from December 31, 1967, to September ice C o m m is s io n , U.S. Department of Agriculture. 30,1968, for the following positions: (1) [seal] J am es C. S p r y , (c) “Deputy Administrator” means In the National Endowment for the Arts, Executive Assistant to the Deputy Administrator, State and seven Arts Program Directors, Director the Commissioners. County Operations, ASCS. of Planning and Analysis, and Project [F.R. Doc. 68-1290; Filed, Feb. 1, 1968; (d) “State Committee” means the Coordinator; (2) in the National Endow­ 8:48 a.m.] Agricultural Stabilization and Conser­ ment for the Humanities, Special Assist­ vation State Committee. ant to the Chairman; Director, Division (e) “County Committee” means the of Fellowships and Stipends, and one Agricultural Stabilization and Conserva­ Program Officer in that Division; Direc­ Title 7— AGRICULTURE tion County Committee. tor, Division of Research and Publica­ (f) “Pesticide” means an economic tions, and one Program Officer in that Subtitle A— Office of the Secretary poison which was registered with the Division; Program Officer in the Division of Agriculture Secretary pursuant to the provisions of of Educational Programs and Special the Federal Insecticide, Fungicide, and Projects; and Assistant to the Director, PART 16— MILK INDEMNITY Rodenticide Act, as amended (7 U.S.C. Division of Planning and Analysis. This PAYMENT PROGRAM 135-135k), and recommended for use in section is also amended to show that the Agriculture Handbook No. 313 or 331 position of Director of Intergovernmen­ Subpart— Regulations Governing “Suggested Guide for the Use of Insecti­ tal Relations, National Endowment for Milk Indemnity Payments cides To Control Insects Affecting Crops, the Arts, is excepted under Schedule A The regulations of the Secretary gov­ Livestock, Households, Stored Products, until September 30, 1968. This section is erning the milk indemnity payment pro­ and Forest Products.” also amended to show that the Schedule gram (29 F.R. 14837), as amended (30 (g) “Milk handler” means the mar­ A authorities covering thirteen other F.R. 251, 7426 and 13897; 31 FH . 15483), keting agency to or through which the postions are revoked, having expired by are hereby revised to read as follows in affected dairy farmer marketed his whole their own terms. Effective as of Decem­ order to incorporate certain provisions milk or butterfat at the time he was ber 31, 1967, § 213.3182 is amended as of the previous amendments and of Pub­ directed to remove his whole milk or set out below. lic Law 90-95, 81 Stat. 231, and to make butterfat from the commerical market. § 213.3182 National Foundation on the certain changes considered desirable for (h) “Affected farmer” means a person Arts and Humanities. purposes of program administration: who produces whole milk or butterfat which is removed from the commercial (а) National Endowment for the Ai Sec. market any time from January 1, 1964, 16.1 Administration. (1) [Revoked] to June 30,1968, pursuant to direction of (2) [Revoked] 16.2 Definitions. 16.3 Indemnity payment. a public agency or a milk handler be­ (3) Until September 30, 1968, sev 16.4 Normal marketings. cause of detection of pesticide residue in Arts Program Directors. 16.5 Fair market value. such whole milk or butterfat by tests (4) [Revoked] 16.6 Information to be furnished. made by a public agency or under a test­ (5) Until September 30,1968, Direci 16.7 Other requirements. ing program deemed adequate for the of Planning and Analysis. 16.8 Application for payment. purpose by a public agency. (б) Until September 30, 1968, Proj< 16.9 Assignment. (i) “Person” means an individual, Coordinator. 16.10 Instructions and forms. 16.11 Limitation of authority. partnership, association, corporation, (7) [Revoked] trust, estate or other legal entity. (8) [Revoked] 16.12 Estates and trusts; minors. 16.13 Appeals. (j) “Application period” means any (9) [Revoked] 16.14 Setoffs. period with respect to which application , (10) Until September 30, 1968, Din 16.15 Overdisbursement. for payment is made, beginning not ^^governmental Operations. 16.16 Death, incompetency or disappear­ earlier than January 1,1964, and ending W National Endowment for the h ance. not later than June 30, 1968, and during inanities. 16.17 Records and inspection thereof. which an affected farmer’s whole milk U> [Revoked] Au t h o r it y : The provisions of this Part 16 or butterfat is removed from the com­ (2) [Revoked] issued pursuant to Public Law 90-95 (81 Stat. mercial market pursuant to direction of a (3) [Revoked] 231), and the Supplemental Appropriation public agency or milk handler for the J ^ U n tU September 30, 1968, Din Act, 1968, Public Law 90-239. reason specified in paragraph (h) of this fin tTSlon of Fell°wships and Stipen § 16.1 Administration. section. nil? • Until September 30,1968, Direct (k) “Pay period” means (1) in the S of Research and Publications This indemnity payment program will be carried out by ASCS under the direc­ case of an affected farmer who markets . r September 30, 1968, Spec his whole milk or butterfat through a tion and supervision of the Deputy Ad­ Assistant to the Chairman. milk handler, the period used by the milk ernm 5 S 11 September 30, 1968, P: ministrator. In the field, the program will handler in settling with the affected Pm,, ° ® cer’ Division of Educatioi be administered by the State and County farmer for his whole milk or butterfat, srams and Special Projects. Committees. usually biweekly or monthly, or (2) in

FEDERAL REGISTER, V O L 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2498 RULES AND REGULATIONS the case of an affected farmer whose immediately prior to removal of . his § 16.6 Information to be furnished. commercial market consists of direct re­ whole milk or butterfat from the com­ The affected farmer shall furnish to tail sales to consumers, a calendar mercial market. the County Committee complete and month. (c) The base for normal marketings accurate information sufficient to enable (l) “Whole milk” means milk as pro­ determined (1) under paragraph (b) (1) it to make the determinations required duced by cows. of this section shall be adjusted to re­ in §§16.4 and 16.5. Such information (m) “Butterfat” means milk fat in flect any change in the rate of the af­ shall include, but is not limited to: farm separated cream. fected farmer’s whole milk production (a) A copy of the notice from, or other (n) “Public agency” means any Fed­ from the production of the previous year evidence of action by, the public agency eral, State, or local public regulatory due to factors such as changes in herd or milk handler which resulted in the agency. size both before and after removal of removal of the affected farmer’s whole (o) “Commercial market” means the whole milk or butterfat from the com­ milk or butterfat from the commercial market to which the affected farmer mercial market, and changes in man­ market. normally delivers his whole milk or agement practices before such removal, (b) The name of the pesticide causing butterfat and from which it was re­ or (2) under paragraph (b) (2) of this the removal of his whole milk or butter­ moved because of detection therein of section shall be adjusted to reflect nor­ fat from the commercial market, if not pesticide residues. mal changes in the affected farmer’s included in the notice or other evidence (p) “Removed from the commercial whole milk production during the pay of action furnished under paragraph (a) market” means (1) produced and de­ period due to seasonal factors affecting of this section. stroyed or fed to livestock, (2) produced production and changes in herd size. (c) A record of the quantity and but­ and delivered to a handler who destroyed (d) If only a portion of a pay period terfat test of whole milk and the quantity it or disposed of it on a salvage basis falls within the application period, nor­ of butterfat which he produced on his (such as separating whole milk, destroy­ mal marketings for such pay period farm and marketed (1) if the affected ing the fat, and drying the skim milk), shall be reduced so that they represent farmer is covered by the provisions of or (3) produced and otherwise diverted only that part of such pay period which § 16.4(b)(1), during each pay period to other than the commercial market. is within the application period. during the 15 months immediately prior (q) “Payment subject to refund” § 16.5 Fair market value. to the time the whole milk or butterfat means a payment which is made by a was removed from the commercial mar­ milk handler to an affected farmer, and (a) The County Committee shall de­ ket, or (2) if the affected farmer is cov­ which such farmer is obligated to refund termine the fair market value, of the af­ ered by the provision of § 16.4(b)(2), to the milk handler. fected farmer’s normal marketings, during the 3 months immediately prior § 16.3 Indemnity payment. which, for the purposes of this subpart, to the removal of his whole milk or shall be the sum of the net proceeds such butterfat from the commercial market. An indemnity payment shall be made farmer would have received for his nor­ This record shall be either a certified to the affected farmer who is determined mal marketings in each of the pay peri­ statement furnished by the affected by the County Committee to be in com­ ods in the application period. farmer’s milk handler, or such other pliance with all the terms and conditions (b) The County Committee shall de­ evidence as the County Committee deter­ of this subpart in the amount of the fair termine the net proceeds the affected mines accurately establishes the butter­ market value of his normal marketings farmer would have received in each of fat test and quantity of whole milk or for the application period, as determined the pay periods in the application pe­ the quantity of butterfat produced and in accordance with §§ 16.4 and 16.5, less riod (1) in the case of an affected farmer marketed during such periods. (a) any amount he received for whole who markets his whole milk through a (d) The number of cows milked dur­ milk or butterfat marketed during the milk handler, by multiplying the affected ing each pay period in the application application period, and (b) any payment farmer’s normal marketings for each period, and during the pay periods within not subject to refund which he received such pay period by the average net price the 3-month period immediately prior from a milk handler with respect to per hundredweight of whole milk or per to the application period. whole milk or butterfat removed from pound of butterfat paid during the pay (e) If the affected farmer markets his the commercial market during the appli­ period by such farmer’s milk handier in whole milk through a milk handler, a cation period. the same area for whole milk or butter­ statement from the milk handler showing § 16.4 Normal marketings. fat similar in quality and butterfat test for each pay period in the application (a) The County Committee shall de­ to that marketed by the affected farmer period, the average price per hundred­ termine the affected farmer’s normal in the base period used to determine his weight of whole milk or pound of butter­ marketings which, for the purposes of normal marketings, or (2) in the case of fat paid producers in the affected faffc* this subpart, shall be the sum of the an affected farmer whose commercial er’s area for whole milk and butteflai quantities of whole milk or butterfat market consists of direct retail sales to similar in quality to that marketed by tne which such farmer would have sold in consumers, by multiplying the affected affected farmer during the base pen° the commercial market in each of the farmer’s normal marketings for each used to determine his normal marketings. pay periods in the application period but such pay period by the average net price If the milk handler has information as to the transportation, administrate, for the removal of his whole milk or but­ per hundredweight of whole milk or per and other costs of marketing which are terfat from the commercial market be­ pound of butterfat, as determined by the cause of the detection of pesticide County Committee, which other pro­ normally incurred by producers w residue. ducers in the same area who marketed market through the milk handler their whole milk' or butterfat through which the affected farmér did not incm (b) Determination of normal market­ milk handlers received for whole milk or because of removal of his whole m ings for each pay period shall be based butterfat similar in quality and butterfat from the market, the average P upon (1) if the affected farmer or test to that marketed by the affected stated by the milk handler shall be another person marketed whole milk or farmer during the base period used to de­ average gross price paid producers butterfat from the farm during the pe­ termine his normal marketings. any such costs. If the milk handler riod in the previous year equivalent to (c) In determining the net price for not have such information, the an the pay periqd, the marketings of whole farmer shall furnish a statement s milk or butterfat from the farm during whole milk or butterfat, the County such equivalent period, or (2) if the af­ Committee shall deduct from the gross forth such costs, if any. fected farmer or another person did not price therefor any transportation, ad­ (f) The amount of proceeds, if «jj; market whole milk or butterfat from the ministrative, and other costs of mar­ received by the affected fanner fro f t farm during the period in the previous keting which it determines are normally marketing of whole milk or bu . year equivalent to the pay period, the incurred by the affected farmer but produced during the application pen • (g) The amount of any payments m average of the affected farmer’s market­ which were not incurred because of the ings of whole milk or butterfat from the removal of his whole milk or butterfat subject to refund made to the t farm per pay period during the 3 months from the market. farmer by the milk handler with

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2499 to the whole milk or butterfat produced § 16.9 Assignment. § 16.14 Setoffs. during the application period and re­ No assignment shall be made of any (a) If the affected farmer is indebted moved from the commercial market. indemnity payment due or to come due to any agency of the United States and (h) To the extent that such informa­ under the regulations in this subpart. such indebtedness is listed on the county tion is available to the affected farmer, debt record, indemnity payments due the the name of any pesticide used on the § 16.10 Instructions and forms. eligible farmer under the regulations in farm within 24 months prior to the appli­ The Deputy Administrator shall cause this part shall be applied, as provided in cation period, the use made of the pesti­ to be prepared such forms and instruc­ the Secretary’s Setoff Regulations, Part cide, the approximate date of such use, tions as are necessary for carrying out 13 of this title, to such indebtedness. and the name of manufacturer and the the regulations in this subpart. Affected (b) Compliance with the provisions of U.S. Department of Agriculture registra­ farmers may obtain the forms necessary this section shall not deprive the affected tion number on the label on the container to make application for a milk indemnity farmer of any right he would otherwise of the pesticide. payment from the ASCS County Office. have to contest the justness of the in­ (i) Such other information as the § 1 6 .1 1 Limitation o f authority. debtedness involved in the setoff action, County Committee may request to en­ either by administrative appeal or by able them to make the determinations (a) County office managers and State legal action. required in this subpart. and County Committees do not have au­ thority to modify or waive any of the § 16.15 Overdisbursement. § 16.7 Other requirements. provisions of the regulations in this sub­ If the indemnity payment disbursed No indemnity payment shall be made part. to an affected farmer exceeds the amount under this subpart to any affected (b) The State Committee may take authorized under the regulations in this farmer whose whole milk or butterfat any action authorized or required by the subpart, the affected farmer shall be was removed from the commercial mar­ regulations in this subpart to be taken personally liable for repayment of the ket (a) if the pesticide causing such by the County Committee which has not amount of such excess. removal was used by the affected farmer been taken by such Committee. The and was not, at the time of its use by the State Committee may also (1) correct, § 16.16 Death, incompetency or disap­ farmer, registerd with the Secretary and or require a County Committee to correct, pearance. recommended for use as provided in any action taken by such County Com­ In the case of the death, incompe­ § 16.2(f); (b) if such removal was a re­ mittee which is not in accordance with tency, or disappearance of any affected sult of his failure to use the pesticide in the regulations in this subpart, or (2) farmer who is entitled to an indemnity accordance with the directions and limi­ require a County Committee to withhold payment, such payment may be made to tations stated on the label on the con­ taking any action which is not in ac­ the person or persons specified in the tainer of the pesticide; (c) if he pur­ cordance with the regulations in this regulations contained in Part 707 of this chased feed used in feeding his dairy subpart. title. The person requesting such pay­ cattle which he knew contained a harm­ (c) No delegation herein to a State or ment shall file Form ASCS-325, “ Appli­ ful level of pesticide residues; (d) if he County Committee shall preclude the cation For Payment of Amounts Due fails to adopt practices designed to elim­ Deputy Administrator or his designee Persons Who Have Died, Disappeared, or inate pesticide residues from his whole from determining any question arising Have Been Declared Incompetent,” as milk or butterfat in order that such milk under the regulations in this subpart or provided in that Part. may be reinstated to the commercial from reversing or modifying any deter­ § 16.17 Records and inspection thereof. market as soon as possible, or (e) if any mination made by a State or County of the whole milk or butterfat was pro­ Committee. The affected farmer as well as his duced by dairy cattle which the affected milk handler and any other person who farmer knew, at the time he acquired § 1 6 .1 2 Estates and trusts; minors. furnishes information to such farmer or them, were contaminated by pesticide (a) A receiver of an insolvent debtor’s to the County Committee for the purpose residues. estate and the trustee of a trust estate of enabling such farmer to receive a milk § 16.8 Application for payment. shall, for the purpose of this subpart, be indemnity payment under this subpart considered to represent an insolvent af­ shall maintain any existing books, rec­ The affected farmer or his legal repre­ fected farmer and the beneficiaries of ords and accounts supporting any infor­ sentative, as provided in §§ 16.12 and a trust, respectively, and the production mation so furnished for three years 16.16, must sign and file an application of the receiver or trustee shall be con­ following the end of the year during for payment on a form which is approved sidered to be the production of the person which the application for payment was for the purpose by the Deputy Adminis­ he represents. Program documents ex­ filed. The affected farmer, his milk trator and which is available at the ASCS ecuted by any such person will be ac­ County Office. The form must be filed handler and any other person who fur­ cepted only if they are legally valid and nishes such information to the affected with the ASCS County Office for the such person has the authority to sign county where the farm headquarters the applicable documents. farmer or to the County Committee shall are located no later than August 31,1968, permit authorized representatives of the or such later date as the Deputy Ad­ (b) A minor who is an affected pro­ ducer shall be eligible for indemnity pay­ Department of Agriculture and the Gen­ ministrator may specify. The applica­ eral Accounting Office, during regular tion for payment shall cover application ments only if he meets one of the follow­ Periods of at least 28 days, except that, ii ing requirements: 61) The right of business hours, to inspect, examine and the entire application period, or the last majority has been conferred on him by make copies of such books, records and application period, is shorter than 28 court proceedings or by statute; (2) a accounts. jjays, applications for payment may be guardian has been appointed to manage his property and the applicable program N o t e : The reporting and/or record keep­ for such shorter period. The appli- ing requirement contained herein has been ation for payment shall be accompanied documents are signed by the guardian; or (3) a bond is furnished under which approved by the Bureau of the Budget in Dy the information required by § 16.6 accordance. with the Federal Reports Act the surety guarantees any loss incurred of 1942. ®? well as information which will en- for which the minor would be liable had a le the County Committee to determine he been an adult. Effective date: Date of publication. w ether or not the making of an in- § 16.13 Appeals. Signed at Washington, D.C., on Jan­ emnity payment is precluded for any uary 29, 1968, . the reasons set forth in § 16.7. Such The Appeal Regulations issued by the Administrator, ASCS, Part 780 of this O rville L. F reem an, ormation shall be submitted on such title, shall be applicable to appeals by Secretary. crms as may be approved for the pur­ farmers from determinations made pur­ IF.R. Doc. 68-1318; Filed, Feb. 1, 1968; se by the Deputy Administrator. suant to the regulations in this subpart. 8:50 a.m.]

FEDERAL REGISTER, V O L 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 No. 23------2 2500 RULES AND REGULATIONS

Chapter I— Consumer and Marketing and handling, the following tolerances (3) When minimum diameters or Service (Standards, Inspections, shall be permitted: ranges of diameters, other than those Marketing Practices), Department (1) One-fifth of 1 percent (0.20 per­ shown in Table II, are used to specify cent), by weight, for pieces of shell, cen­ size, not more than 15 percent, by weight, of Agriculture ter wall and foreign material: Provided, of the pieces may fail to meet th e size PART 51— FRESH FRU ITS, VEGE­ That not more than one-fourth of this specified, including therein not more TABLES AND OTHER PRODUCTS amount, or one-twentieth of 1 percent than 2 percent for pieces which are less (0.05 percent), shall be. allowed for pieces than two-sixteenths inch in diam eter: (INSPECTION, CERTIFICATION AND of shell and foreign material; Provided, That when a minimum of two- STANDARDS) (2) 12 percent, by weight, for broken sixteenths inch or smaller is specified, Subpart— U.S. Standards for Shelled kernels and particles and dust: Provided, not more than 5 percent of the pieces That not more than one-fourth of this may be less than the minimum diam eter Pecans 1 amount, or 3 percent, shall be allowed specified. On December 14, 1967, a notice of pro­ for broken kernels which are less than § 51.1442 Half-kernel. posed rule making was published in the one-half of a complete half-kernel, in­ F ederal R egister (32 F.R. 17893) re­ cluding therein not more than one-half “Half-kernel” means one of the sep­ garding a proposed amendment of U.S. of 1 percent (0.50 percent) for particles arated halves of an entire pecan kernel Standards for Shelled Pecans (7 CFR, and dust; and, with not more than one-eighth of its §§ 51.1430-51.1453). (3) 7 percent, by weight, for portions original volume missing, exclusive of the portion which connected the two Statement of considerations leading to of kernels which fail to meet the remain­ halves the amendment of the grade standards. ing requirements of this grade, including of the kernel. Printed copies of the amendments as therein not more than 4 percent for (Secs. 203, 205, 60 Stat. 1087, as amended, proposed were given wide distribution by damage caused by internal discolora­ 1090 as amended: 7 U.S.C. 1622, 1624) mail to known companies producing and tion, and not more than 1 percent for [F.R. Doc. 68-1288; Filed, Feb. 1, 1968; handling shelled pecans. The two changes rancidity, mold, decay, insect injury, or 8:47 ajn.] requested by the industry and incor­ serious damage caused by shriveling, porate in the proposed amendments were leanness, external discoloration, internal discoloration, or other means. PART 52— PROCESSED FRUITS AND explained in detail. They are: Deletion : VEGETABLES, PROCESSED PROD­ of the term “chipped halves” from the § 51.1437 Size requirements for pieces. UCTS THEREOF, AND CERTAIN standards as one of the grade factors, The size of pecan pieces may be speci­ and changing the minimum size require­ OTHER PROCESSED FOOD fied in accordance with the size desig­ ment for the “midget” pieces designa­ PRODUCTS nations shown in Table H: tion from %e inch to % 4 inch. Subpart— U.S. Standards for Grades A period until January 15, 1968 was T able n provided for the submission of written of Grapefruit Juice comments on the proposed amendments. Maximum Minimum A proposal to issue U.S. Standards for diameter (wiU diameter (will Comments received were all in favor of pass through not pass through Grades of Grapefruit Juice was published the adoption of the amendments as Size designation a sieve with a sieve with in the F ederal R egister of September 30, round openings round openings proposed. of the following of the following 1967 (32 F.R. 13720). After consideration of all relevant diameter) diameter) The standards, as proposed, would ap­ matters presented, § § 51.1431, 51.1437, ply to all single strength grapefnut and 51.1442 of the U.S. Standards for Inch Inch juices, including canned grapefruit juice, He the so-called “ chilled” grapefruit juices, Shelled Pecans are hereby amended as so Large...... — fie proposed pursuant to the Agricultural Medium______fie fie and juice prepared from grapefruit juice Marketing Act of 1946 (60 Stat. 1087, as Small______fie fie concentrate. Interested persons were Midget...... fie fie amended; 7U.S.C. 1621-1627). Regular amber *... fie given until October 31, 1967, in which to Small amber 1...... fie fie submit written data, views, or arguments This amendment to the U.S. Standards concerning the proposed standards. for Shelled Pecans shall become effective »This designation is provided for use only in con­ N ote.— Compliance with the provisions of on March 10,1968. nection with the U.S. Commercial grade. these standards shall not excuse failure to Dated: January 29,1968. (a) In lieu of the size designations in comply with the provisions of the Federa Table II, the size of pieces may be speci­ Food, Drug, and Cosmetic Act or with appli­ G . G range, R. cable state laws and regulations. Deputy Administrator, fied in terms of minimum diameter, or Marketing Services. as a range in terms of minimum and Statement of considerations leading to maximum diameters expressed in six­ the issuance of the standards. The stand­ § 51.1431 U.S. No. 1 Halves. teenths or sixty-fourths of an inch. ards proposed on September 30, 1967, “ U.S. No. 1 Halves” consists of pecan (b) Tolerances for size of pieces: In combined the grade and quality require­ half-kernels which are well dried and order to allow for variations incident to ments for all single strength—ready w clean, and which are free from pieces proper sizing, the following tolerances drink—grapefruit juices into one docu­ of shell and center wall, foreign material, shall be permitted: ment. That proposal was based on tne broken kernels, particles and dust, (1) When the size designations “ Extra premise that grapefruit juices of com­ noticeable shriveling, rancidity, mold, Large,” “Large,” “Medium,” “Small,” parable quality should receive the sam decay, and insect injury, and are free and “Regular Amber” are used to specify quality grade regardless of the type from damage caused by leanness, hol­ size, not more than 15 percent, by container, the process, or the area lowness, discoloration, or other means. weight, of the pieces may fail to meet the production. . . The pecan halves in any lot shall be size requirements specified in Table II, Comments on the proposal of Sept® * fairly uniform in size and fairly uniform including therein not more than 2 per­ ber 30,1967, came only from two sources. in color. (See § 51.1436, Size Require­ cent for pieces which are less than two- The Florida C a n n e r s Association, repre­ ments for Halves.) sixteenths inch in diameter. senting most of the Florida cltruai P&c (a) Tolerances. In order to allow for (2) When the size designations “Midg­ ing industry; and a large Cahfo variations incident to proper grading et” or “Small Amber” are used to spec­ based grower cooperative, engaged W- ify size, not more than 15 percent, by manufacture and marketing of ci weight, of the pieces may fail to meet and citrus products. . , 1 Packing of the product in conformity the size requirements specified in Table Both of these organizations voiced ap with the requirements of these standards proval of the basic standardization shall not excuse failure to comply with the n, including therein not more than 5 provisions of the Federal Food, Drug, and percent for pieces which are less than the and principles set forth in the P™P0 , Cosmetic Act or with applicable State laws minimum diameter shown in Table II for standards, and substantial agree and regulations. the respective size classifications; and, with the text.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2501

The California based cooperative sug­ Score Sheet F ill of C ontainer gested more precise wording of § 52.6122, 52.6133 Score sheet for grapefruit juice. § 52.6125 Recommended fill of con­ Types. The purpose of this section is to A u t h o r it y : The provisions of this subpart tainer. identify the two types for marketing pur­ issued under secs. 202-208, 60 Stat. 1087, as The recommended fill of container is poses rather than to prescribe manufac­ amended; 7 U.S.C. 1621-1627. turing procedures or exact compositional not incorporated in the grades of the requirements. Since the suggested revised P roduct D escription, T y p e s , S t y l e s , and finished product since fill of container, language would not be in keeping with G rades as such, is not a factor of quality for the this objective no action was taken on § 52.6121 Product description. purpose of these grades. If in retail size containers it is recommended that the this suggestion. (a) Grapefruit juice is the unferment­ Both responding organizations, how­ containers be as full of grapefruit juice ed liquid obtained from mature fresh as practicable. ever, objected to the proposed minimum grapefruit (Citrus paradisi). The fruit is Brix requirement of 10.5 degrees for the prepared and the juice extracted and F actors of Q u a l it y reconstituted type as being higher than processed in a manner to assure a clean is customary for this product, higher § 52.6126 Ascertaining the grade of a and wholesome product. Soluble solids, sample unit. than the average fruit available for juic­ insoluble solids, Brix-acid ratios, and ing, and as creating an economic hard­ flavor may be adjusted by suitable man­ (a) General. Consideration is given to the degree of coagulation and separation ship for producers and consumers with­ ufacturing procedures to any level with­ out improving the quality of the product. in the normal range of mature grape­ and the appearance of the product, the rating for the factors which are scored, A minimum Brix measurement of 10 de­ fruit. and the limiting rules which may apply. grees was suggested as being more (b) The product is processed by ap­ appropriate for this type. propriate physical means to assure its (b) Factors rated by score points. The In consideration of these comments to­ preservation through normal marketing relative importance of each scoring fac­ gether with data and information now channels. Such means include but are tor is expressed numerically on the scale available to the Department the mini­ not limited to: of 100. The maximum number of points mum Brix requirement for the recon­ that may be given such factors are: (1) Canning. Processing with heat so stituted type has been changed from 10.5 Factors Points degrees, as proposed, to 10 degrees. as to assure the preservation of the juice in hermetically sealed containers. Color ______20 Minor changes in the score sheet are Defects ______40 made to correct errors in presentation. (2) Refrigerating. Reducing the tem­ Flavor______40 After consideration of all relevant mat­ perature of the product so as to extend ters presented by interested persons, the its market life. The juice may or may Total score_____ ^______100 not have been subjected to heat prior U.S. Standards for Grades of Grapefruit § 52.6127 Ascertaining the rating for the Juice as proposed on September 30,1967, to refrigerating. It may or may not be factors which are scored. are hereby adopted subject to the fol­ packed in hermetically sealed containers. The essential variations within each lowing changes: § 52.6122 Types. Table I referenced in paragraph (a) factor which is scored are so described (2) and Table II referenced in paragraph Grapefruit juice may be identified as that the value may be ascertained for (b) (2) of § 52.6130 are revised. one of the following types. each factor and expressed numerically. (2) In § 52.6133 the score sheet is (a) Single strength type. Composed of The numerical range within each factor revised. single strength grapefruit juice, with or which is scored is inclusive (for example, Effective date. The standards shall be­ without added grapefruit juice concen­ “18 to 20 points” means 18, 19, or 20 come effective 30 days after publication trate. points). hereof in the F ederal R egister and will (b) Reconstituted type. Composed of § 52.6128 Color. thereupon supersede the U.S. Standards grapefruit juice concentrate and water, (a) (A) Classification. (1) Grapefruit for Grades of Canned Grapefruit Juice with or without added single strength grapefruit juice. juice that has a good color may be as­ (7 CFR 52.1191-52.1203). signed 18 to 20 points. Dated: January 29,1968. § 52.6123 Styles. (2) “Good color” means a color that G . R . G range, (a) Unsweetened. is bright and typical of freshly extracted Deputy Administrator, (b) Sweetened with nutritive sweet­ grapefruit juice. It may be either: pale Marketing Services. eners. yellow to very slightly amber, typical of the juice of properly ripened white The standards are : § 52.6124 Grades. fleshed grapefruit; or slightly red, typical Product Description, T yp e s, Styles, (a) “ U.S. Grade A” (or U.S. Fancy) of the juice of red or deep pink fleshed _ G rades grapefruit. Secs. is the quality of grapefruit juice that: (1) Shows no coagulation or no material (b) (B) Classification. (1) Grapefruit cn Product description. 52.6122 Types. separation and has the appearance of juice that has a reasonably good color 52.6123 Styles. fresh grapefruit juice, (2) has a good may be assigned 16 or 17 points. Grape­ 52.6124 Grades. color, (3) is practically free from defects, fruit juice of this color may not be graded (4) possesses a good flavor, and (5) above U.S. Grade B regardless of the Fill op Container scores not less than 90 points when total score for the product (limiting 52.6125 Recommended fill of container. scored in accordance with the scoring rule). Factors op Qu ality system outlined in this subpart. (2) “Reasonably good color” means a 52.6126 Ascertaining the grade of a sample (b) “U.S. Grade B” (or U.S. Choice) is color that may be slightly dull or slightly unit. the quality of grapefruit juice that: (1) brown, as caused by scorching, oxidation, 52.6127 Ascertaining the rating for the fac­ Shows no more than a slight coagulation, or carmelization. This color may be char­ tors which are scored. (2) has a reasonably good color, (3) is acteristic of the juice from red or pink 52.6128 Color. reasonably free from defects, (4) pos­ grapefruit of advanced maturity or of 52.6129 Defects. 52.6130 Flavor. sesses a reasonably good flavor, and (5) mixtures of the juice from white and scores not less than 80 points when scored colored varieties. Explanations and M ethods op A n a l y s is in accordance with the scoring system (c) (.SStd.) Classification. Grapefruit •6131 Definitions of terms and methods of outlined in this subpart. juice that fails to meet the Grade B analysis. classification for color may be assigned (c) “Substandard” is the quality of Lot Compliance 0 to 15 points and shall not be graded grapefruit juice that fails to meet the above Substandard regardless of the total 2-6132 Ascertaining the grade of a lot. requirements of U.S. Grade B. score for the product (limiting rule).

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2502 RULES AND REGULATIONS

§ 52.6129 Defects. this flavor may not be graded above U.S. position. After centrifuging, the milliliter (a) General. The factor of defects con­ Grade B regardless of the total score for reading at the top of the layer of pulp cerns the degree of freedom from small the product (limiting rule).. in the tube is multiplied by 2 to give the percentage of pulp. seeds and seed portions; from discolored (2) “Reasonably good flavor” means a (specks, harmless extraneous material, flavor less desirable than “ good flavor” T able N o . U r because of excess bitterness, terpenic, and other similar defects; from juice sacs Approximate and particles of membrane, core, and processing, storage, or container flavors Diameter revolutions peel in excess of that normally present but is not seriously objectionable. Such ( inches) per minute in grapefruit juice. juice complies with the analytical limits 10 1,609 (b) (A) Classification. (1) Grapefruit provided in Table II. 10 % Î, 570 juice that is practically free from defects T a b l e n 11 1,534 may be assigned a score of 36 to 40 points. i i * 1,500 ANALYTICAL REQUIREMENTS— TT.S. GRADE B 12 1,468 (2) “Practically free from defects” 12% 1,438 means that the juice may not contain Single strength Reconstituted 13 1,410 more than 10 percent free and suspended type type 13% 1, 384 pulp as determined by the method out­ 14 _ 1, 359 lined in this subpart, and that any other Unsweet­ Sweet­ Unsweet­ Sweet­ 14% 1,336 defects present may no more than ened ened ened ened 15 -, 1,313 slightly detract from the appearance or 15% 1,292 drinking quality of the juice. Brix—Minimum. 9.0° 11.5° 10. 0° 11.5° 16 1,271 Ratio—Mini- 16% 1,252 (c) (B) Classification. (1) If the mum...... 7:1 9:1 7:1 9:1 17 1,234 grapefruit juice is reasonably free from Oil—Maximum 17% 1,216 percent by defects, a score of 32 to 35 points may volume______0.025 0.025 0.025 0.025 18 _ 1,199 be given. Such grapefruit juice may not 18% 1,182 19 1,167 be graded above U.S. Grade B regardless (c) (SStd.) Classification. Grapefruit of the total score for the product (limit­ 19% 1,152 juice that fails the requirements of the 20 1.137 ing rule). (2) “Reasonably free from defects”U.S. Grade B classification for flavor may be given a score of 0 to 31 points and L ot C ompliance means that the juice may not contain shall not be graded above Substandard more than 15 percent free and suspended § 52.6132 Ascertaining the grade of a regardless of the total score for the prod­ pulp as determined by the method out­ lot. uct (limiting rule). lined in this subpart, and that any other The grade of a lot of grapefruit juice defects present may not seriously detract E xplanations and M ethods of A n a l y s is covered by these standards is determined from the appearance or drinking quality by the procedures set forth in the regu­ § 52.6131 Definitions of terms and lations governing inspection and certi­ of the juice. methods of analysis. (d) (SStd.y Classification. Grapefruit fication of processed fruits and vege­ juice that fails to meet the U.S. Grade B (a) Brix. “Brix” means the degrees tables, processed products thereof, and classification for defects may be assigned Brix of the juice when tested with a Brix certain other processed food products hydrometer calibrated at 20° C. (68° F.) a score of 0 to 31 points and shall not (§§ 52.1 to 52.87). be graded above Substandard regardless and to which any applicable temperature of the total score for the product (limit­ correction has been made. The degrees S core S heet ing rule). Brix may be determined by any other § 52.6133 Score sheet for grapefruit method which gives equivalent results. juice. § 52.6130 Flavor. (b) Acid. “Acid” means the grams of (a) (A) Classification. (1) Grapefruit total acidity, calculated as anhydrous Size and kind of container. . juice that has a good flavor may be given citric acid, per 100 ml. of juice. Total Container mark (packages). 36 to 40 points. acidity is determined by titration with Identification (cases)______------(2) “Good flavor” means a flavor that standard sodium hydroxide solution, Label (including ingredient statement, if any)...... is fine, distinct and substantially typical using phenolphthalein as indicator. Liquid measure (fluid ounces)------Style______------j------freshly extracted grapefruit juice. Such (c) Brix-acid ratio. “Brix-acid ratio” Brix (degrees) ______-— juice is affected only slightly by the proc­ means the ratio between the Brix and Acid (grams/iod ml.: calculated as anhydrous citric a c id )...... ------,------— ess, the packaging, or storage conditions the acid as defined in this section. Brix-acid ratio ( ) ______... ------and complies with the analytical limits (d) Recoverable oil. "Recoverable oil” Recoverable oil (percent by volume).,------provided in Table I. i f ) N one.. means the percent by volume of oil re­ Degree of coagulation-! ( ) Slight. T a b l e I covered by the Bromate titration method l( ) Serious. ANALYTICAL REQUIREMENTS— U.3. GRADE A as described in the June 1966 issue of the Journal of the Association of Analytical Factors Score points Single strength Reconstituted Chemists (vol. 49, No. 3, 1966), by W. type type Clifford Scott and M. K. Veldhuis. ((A) IS-» 20 (B) ‘ 16-17 (e) Free and suspended pulp. Free l(SStd) ‘ 0-15 Unsweet­ Sweet­ Unsweet­ Sweet­ and suspended pulp means the per­ |(A) 36-40 ened ened ened ened 40 J>B) ‘ 32-35 centage of pulp determined by the fol­ l(SStd) ‘ 0-31 lowing method: Graduated centrifuge f (A) 36-40 Brix— tubes with a capacity of 50 mL are filled 40 I ß ‘ 32-35 Minimum____ 9.0° 11.5° 10. 0° 11.5* l(SStd) ‘ 0-31 Ratio: with juice and placed in a suitable Minimum____ 8 :1 9:1 8:1 9:1 centrifuge. The speed is adjusted, ac­ Total score______100 Maximum____ 14:1 14:1 14:1 14:1 Oil—M a x im u m cording to diameter, as indicated in Percent by Table No. I, and the juice is centrifuged Grade . volume______a 020 0.020 0.020 0.020 for exactly 10 minutes, As used in this * Indicates limiting rule. (b) (B) Classification. (1) If the subparagraph, "diameter” means the flavor is only reasonably good 32 to 35 overall distance between the bottoms of [F it. Doc. 68-1289; Filed, Feb. U lfl68, points may be given. Grapefruit juice of opposing centrifuge tubes in operating 8:48 tun.J

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2503

Chapter VIII— Agricultural Stabiliza­ corrected by deleting the following: (a) Colorado market during the suspension tion and Conservation Service (1) (iii) Cleanliness. All varieties at period. least “fairly clean.” Therefore, good cause exists for mak­ (Sugar), Department of Agriculture ing this order effective February 1, 1968. Dated: January 30,1968. SUBCHAPTER K— GENERAL CONDITIONAL It is therefore ordered, That the afore­ PAYMENTS PROVISIONS P aul A. N ic h o l s o n , said provision of the order is hereby Deputy Director, Fruit and Veg­ PART 891— DOMESTIC BEET SUGAR suspended for the months of February etable Division, Consumer and and March 1968. AREA Marketing Service. (Secs. 1-19, 48 Stat. 31, as amended, 7 U.S.C. Designation of Crop of Sugar Beets [F.R. Doc. 68-1313; Filed, Feb. 1. 1968; 601-674) 8:49 aon.] by Year Effective date: February 1, 1968. Pursuant to the provisions of the Signed at Washington, D.C., on Jan­ Sugar Act of 1948, as amended, § 891.2 Chapter X— Consumer and Market­ uary 30, 1968. is amended by deleting the period at the ing Service (Marketing Agreements G eorge L. M ehren, end of the first sentence and by adding and Orders; Milk), Department of Assistant Secretary. at the end of such sentence the following: Agriculture [F.R. Doc. 68-1314; Filed, Feb. 1, 1968; 8:49 a.m.] §891.2 Designation of crop of sugar [Milk Order 137] beets by year. * * * and that sugar beets which PART 1137— MILK IN EASTERN were planted in Orange and Riverside COLORADO MARKETING AREA Title 14— AERONAUTICS AND Counties during the calendar year 1967 Order Suspending Certain Provision and during the period January 1, through January 31, 1968, shall be designated as Pursuant to the provisions of the Agri­ SPACE 1967-crop sugar beets. * * * cultural Marketing Agreement Act of Chapter I— Federal Aviation Admin­ Statement of bases and considerations. 1937, as amended (7 U.S.C. 601 et seq.), istration, Department of Transpor­ Sugar beets are planted in Orange and and of the order regulating the handling Riverside Counties, California, during of milk in the Eastern Colorado market­ tation the months of November and Decem­ ing area (7 CFR Part 1137), it is hereby SUBCHAPTER C— AIRCRAFT ber. In general the regulation provides found and determined that: [Docket No. 68-EA-5, Arndt. 39-547] that sugar beets are designated as to (a) The following provision of the crop year to correspond with the calen­ order no longer tends to effectuate the PART 39— AIRWORTHINESS dar year in which they are planted. declared policy of the Act for the months DIRECTIVES Due to very heavy rainfall in Novem­ of February and March 1968 : Fairchild'Hiller Aircraft ber and December 1967, many growers (1) Section 1137.51(a) (1) and (2) in in Orange and Riverside Counties were its entirety, relating to the computation The Federal Aviation Administration unable to plant sugar beets in such of the supply-demand adjustment. is amending § 39.13 of Part 39 of the months. In view thereof and to protect (b) Notice of proposed rule making, Federal Aviation Regulations so as to the interests of such growers, the plant­ public procedure thereon, and 30 days publish an airworthiness directive re­ ing period for the 1967-crop year in notice of the effective date hereof are quiring a repetitive inspection of and such counties is extended through Jan­ impractical, unnecessary, and contrary replacement where necessary of the ele­ uary 31, 1968, by this amendment. to the public interest in that: vator trim tab system of the Fairchild Hiller FH-227 airplane. Accordingly, I hereby find and con­ (1) This suspension order does not re­ There have been instances of flutter clude that the foregoing amendment will quire of persons affected substantial or of the trim tab system that have resulted effectuate the applicable provisions of extensive preparation prior to the effec­ the Act. tive date. in damage to the trim tab assembly. (2) This suspension order is necessary Since this condition is likely to exist or (Sec. 403, 61 Stat. 932, 7 TJ.S.C. 1153; secs. to reflect current marketing conditions develop in other airplanes of the same 301, 302, 61 Stat. 929, 930 as amended, 7 design an airworthiness directive is be­ V.5.C. 1131,1132) and to maintain orderly marketing con­ ditions in the marketing area. ing issued to require inspections and, Effective date: Date of publication. (3) The suspension was requested by where necessary, replacement of the the Denver Milk Producers, Inc., and elevator trim tab assembly. Signed at Washington, D.C., on Jan­ uary 29,1968. Western Colorado Milk Producers As­ Since a situation exists that requires sociation, the principal cooperative as­ immediate adoption of this regulation, O rville L. F reem an, sociations supplying the market. It will it is found that notice and public pro­ Secretary. continue an identical suspension which cedure hereon are impracticable and [PR. Doc. 68-1312; Filed, Feb. 1, 1968; was made effective for the months of No­ good cause exists for making this amend­ 8:49 am .] vember and December 1967 and January ment effective in less than 30 days. 1968 (32 F.R. 15431), and it will elimi­ In consideration of the foregoing, and Chapter IX— Consumer and Market­ nate minus supply-demand adjustments pursuant to the authority delegated to which, otherwise, would lower Class I me by the Administrator, 14 CFR 11.89, ing Service (Marketing Agreements milk prices during the suspension pe­ 31 F.R. 13697, section 39.13 of Part 39 of and Orders; Fruits, Vegetables, riod. The suspension is intended to the Federal Aviation Regulations is Nuts), Department of Agriculture maintain sufficient milk production for amended by adding the following new airworthiness directive: [947.325 Arndt. 2] the Eastern Colorado and Western Colo­ rado milk markets to meet the need for Fairchild H iller. Applies to FH-227 Type PA,51947— |R|SH p o t a t o e s g r o w n Class I milk during the suspension pe­ Aircraft. in MODOC AND SISKIYOU COUN­ riod. Compliance required within the next 5 TIES IN CALIFORNIA AND IN ALL The supply-demand adjustor which is hours time in service after the effective date provided in the Eastern Colorado order of this AD unless already accomplished C 0 U n T |E S IN OREGON EXCEPT utilizes milk supply and Class I utiliza­ within the last 20 hours time In service and MALHEUR COUNTY tion data for both the Eastern Colorado thereafter at Intervals not to exceed 25 hours time in service from the last Inspection. The Limitation of Shipments; Correction and Western Colorado markets. The Western Colorado Class I milk price is repetitive inspections also apply to repaired Publication titled “ Limitation of and replacement parts. directly related to the Class I price es­ In view of flutter of the elevator trim tab, § 947.325, Amendment 2, tablished for Eastern Colorado. Conse­ accomplish the following: uan rw ^he F ederal R egister Jan- quently, the suspension order will also (a) Inspect the elevator trim tab for trail­ ary 23. 1968 (33 F.R. 791), is hereby affect the Class I price for the Western ing edge free play not to exceed 0.100 inch

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2504 RULES AND REGULATIONS maximum travel. Compliance with this limit gion, inspections under this airworthiness Haw k er Siddeley. Applies to Model DH-125 must be met prior to further flight. directive need not be accomplished until Series 1A, 1A-522, 1A/R-522, 3A and 3AR (b) Visually inspect all elevator tab hinge prior to accumulating 500 hours time in airplanes. bearings for damage. Replace damaged bear­ service on this modified tab and thereafter To prevent engine flameouts during icing ings, prior to further flight, with a part of at intervals not to exceed 25 horns time in conditions, within the next 15 hours’ time the same part number that has been in­ service from the last inspection. in service after the effective date of this AD, spected in accordance with this directive (i) Equivalent inspections may be ap­ or before further flight into known or pre­ prior to installation, or with an PAA ap­ proved by an FAA maintenance inspector. dicted icing conditions, whichever occurs proved equivalent part. Equivalent repairs and parts must be ap­ first, install a placard on the flight instru­ (c) Visually inspect the entire elevator tab proved by the Chief, Engineering and Manu­ ment panel in clear view of the pilot reading structure for loose rivets or any structural facturing Branch, FAA Eastern Region. as follows: deformation. Prior to further flight, remove (j) Upon request with substantiating data “TURN ENGINE RELIGHT SWITCH ON and replace loose rivets and replace struc­ submitted through an FAA maintenance in­ WHEN OPERATING ENGINE ANTI-ICING turally deformed trim tabs with a part of spector, the compliance times specified in SYSTEM AT 15,000 FEET OR ABOVE.” the same part number that has been In­ this AD may be increased by the Chief, Hawker Siddeley Special Flying Instruc­ spected in accordance with this directive Engineering and Manufacturing Branch, FAA prior to installation, or with an FAA ap­ Eastern Region. tion No. 125-1 and Alert Service Bulletin 80—A3 pertain to this subject. proved equivalent part. (d) Inspect the elevator trim tab Glevis This supersedes the January 3, 1968, This amendment becomes effective and January 5, 1968, telegrams to all bolts, elevator trim tab horn, elevator trim upon publication in the F ederal R egis­ tab actuator, rod end and rod assembly PH-227 operators on the same subject. te r for all persons except those to whom rivets, for looseness and damage. Prior to This amendment is effective February it was made effective immediately by further flight, loose items must be properly 2.1968. secured and damaged parts replaced with a telegram dated January 11, 1968. (Secs. 313(a), 601, and 603 of the Federal part of the same part number that has been (Secs. 313(a), 601, and 603 of the Federal Aviation Act of 1958, 49 U.S.C. 1354(a), 1421, inspected in accordance with this directive Aviation Act of 1958; 49 U.S.C. 1354(a), 1421 and 1423) prior to installation, or with an PAA ap­ and 1423) proved equivalent part. Issued in Jamaica, N.Y., on January Issued in Washington, D.C., on Jan­ (e) Visually inspect the three elevator 22.1968. trim tab hinges for elongated holes in the uary 25,1968. clevis holes of the aluminum blocks located W a y n e H endershot, behind the three elevator trim tab hinges. Acting Director, Eastern Region. E dward C. H odson, Acting Director, Replace blocks containing elongated holes [F.R. Doc. 68-1274; Filed, Feb. 1, 1968; prior to further flight with a part of the same 8:4r6 a.m.] Flight Standards Service. part number that has been inspected in ac­ [F.R. Doc. 68-1275; Filed, Feb. 1, 1968; cordance with this directive prior to instal­ 8:4-6 a.m.] lation, or with an PAA approved equivalent [Docket No. 8699; Arndt. 39-549] part. (f) Inspect the elevator trim tab spar area PART 39— AIRWORTHINESS SUBCHAPTER E— AIRSPACE around the three hinges for cracks. If cracks DIRECTIVES [Airspace Docket No. 68-CE-4] are found, prior to further flight, the cracked parts must be repaired in accordance with Hawker Siddeley Model DH —125 p a r t 71— DESIGNATION OF FEDERAL an PAA approved repair, or replaced with a AIRWAYS, CONTROLLED AIRSPACE, part of the same part number that has been Series 1A, 1A-522, 1A/R-522, 3A inspected in accordance with this directive and 3AR Airplanes AND REPORTING POINTS prior to installation, or with an FAA-ap- Alteration of Control Zone and proved equivalent part. Pursuant to the authority delegated to (g) Cut a 1-inch hole in the lower tab me by the Administrator (14 CFR 11.89), Transition Area an airworthiness directive was adopted skin in line chordwise with the exist­ The purpose of these amendments to ing access hole in the lower tab skin at on January 11, 1968, and made effective tab station 14.662, and located span wise 11.4 immediately as to all known U.S. oper­ Part 71 of the Federal Aviation Regula­ inches outboard of the most inboard tab rib. ators of Hawker Siddeley Model DH-125 tions is to alter the Kansas City, Mo., Fabricate a circular doubler 2-inch O.D. by Series 1A, 1A-522, 1A/R-522, 3A and control zone and transition area. 1 inch I.D. from 0.025 inch thick 2024T3 Recently the name of Mid Continent olclad material specification QQ—A—250/5. 3AR airplanes because of reports of sev­ eral occurrences of engine flameouts, International Airport was changed to Finish with alodine or anodize and apply Kansas City International Airport, zinc chromate primer to the faying surface including flameouts of both engines therefore it is necessary to alter the only. Install doubler over hole and secure within a few minutes of each other, the doubler with six equally spaced during icing conditions. The directive Kansas City, Mo., control zone and MS20600AD4 rivets or use an equivalent required a placard to be installed on the transition area to reflect the new name of the airport. Action is taken herein to method for inspection approved by the Chief, flight instrument panel in clear view of Engineering and Manufacturing Branch, the pilot reading as follows; “Turn effect this change. FAA Eastern Region. Since the change is minor in nature (1) Inspect the tab ribs adjacent to the engine relight switch ON when operating engine anti-icing system at 15,000 feet and imposes no additional burden on three tab hinges and also the tab ribs sup­ any person, notice and public procedure porting the tab horn for cracks paying par­ or above.” ticular attention to rib flange radii using Since it was found that immediate cor­ hereon are unnecessary. In consideration of the foregoing, Pan a borescope or light and mirror through the rective action was required, notice and 71 of the Federal Aviation Regulations access holes or use an FAA-approved equiv­ public procedure thereon was impracti­ alent inspection method. The X-ray inspec­ cable and contrary to the public interest is amended effective 0001 e.s.t., March 28, tion procedure specified in Fairchild Hiller 1968, as hereinafter set forth: Alert Service Bulletin No. 27-17A (FH-227) and good cause existed for making the airworthiness directive effective imme­ (1) In § 71.171 (33 F.R. 2058), thefm- Revision 1 dated January 5, 1968, is con­ lowing control zone is amended to reaa. sidered equivalent to the borescope or light diately as to all known U.S. operators of and mirror inspection. If cracks are found, Hawker Siddeley Model DH-125 Series K an sas Cit y , Mo. (International Airp°bt) prior to further flight, the cracked parts IA, 1A-522, 1A/R-522, 3A and 3AR air­ Within a 5-mile radius of Kansas CttJ must be repaired in accordance with an FAA- planes by individual telegrams dated International Airport (lat. 39°18'20'' N., o &• approved repair, or replaced with a part of January 11, 1968. These conditions still 94°43'30" W .) ; and within 2 miles each sw the same part number that has been in­ exist and-the airworthiness directive is of the Kansas City VORTAC 276° r ’ spected in accordance with this directive extending from the VORTAC to 14 prior to installation or with an FAA-ap- hereby published in the F ederal R egister as an amendment to § 39.13 of Part 39 west of the VORTAC, excluding that por« proved equivalent part. which coincides with the Kansas City, •> (2) After each inspection, cover the ac­ of the Federal Aviation Regulations to cess holes with permacelle tape or equivalent. make it effective as to all persons. (h) For aircraft with a modified elevator In view of the foregoing, § 39.13 of (2) In § 71.181 (33 F.R. 2137), thé trim tab approved by the Chief, Engineering Part 39 is amended by adding the follow­ lowing transition area is amended and Manufacturing Branch, FAA Eastern Re­ ing airworthiness directive: r e a d :

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2505

Ka n sa s Cit y , M o . amend § 71.181 of Part 71 of the Federal Issued in Kansas City, Mo., on Janu­ That airspace extending upward from 700 Aviation Regulations so as to alter the ary 18,1968. feet above the surface within a 10-mile transition area at Coffeyville, Kans. E dward C. M arsh, radius of Kansas City Municipal Airport Interested persons were given 45 days Director, Central Region. (lat. 39°07'20" N., long. 94°35'30" W .); to submit written comments, suggestions 1. In §71.171 <33 F.R. 2058), the fol­ within 2 miles each side of the Riverside, or objections regarding the proposed Mo., VOR 018° radial and 2 miles west of lowing control zone is added: the Kansas City Municipal Airport ILS lo­ amendment. W ill ist o n , N. Da k . calizer north course, extending from the 10- No objections have been received and mile radius area to 8 miles north of the OM; the proposed amendment is hereby Within a 5-mile radius of Sloulin Interna­ within an 8-mile radius of Kansas City adopted without change and is set forth tional Airport (latitude 48°10'35" N., longi­ International Airport (lat. 39°18'20" N., long. below. tude 103°38'10" W.) ; within 2 miles each side 94° 43'30" W .); and within 2 miles each of the Williston VOR 136° radial, extending side of the Kansas City International Airport This amendment shall be effective from the 5-mile radius zone to the VOR; and ILS localizer north and south courses, ex* 0001 e.s.t., March 28,1968. within 2 miles each side of the 127° bearing from Sloulin International Airport, extend­ tending from the 8-mile radius area to (Sec. 307(a) of the Federal Aviation Act of 13 miles north of the airport and to 8 miles 1958; 49 U.S.C. 1348) ing from the 5-mile radius zone to 12 miles south of the OM; within a 7-mile radius southeast of the airport. of Sherman AAF (lat. 39°22'05" N., long. Issued in Kansas City, Mo., on Jan­ 2. In § 71.181 (33 F.R. 2137)' the fol­ 94°54'45" W .); and that airspace extending uary 17,1968. upward from 1,200 feet above the surface lowing transition area is amended to E dward C. M arsh, read: bounded on the southeast by the arc of a 42- Director, Central Region. mile radius circle centered on Kansas City W illisto n , N. D a k . Municipal Airport, beginning at the west In § 71.181 (33 F.R. 2137), the follow­ That airspace extending upward from 700 boundary of V-159 and extending counter­ ing transition area is amended to read: feet above the surface within a 9 % -mile ra­ clockwise to the south boundary of V-12 Coffeyville, K a n s . dius of Sloulin International Airport (lati­ thence along the south boundary of V-12 That airspace extending upward from 700 tude 48°10'35" N„ longitude 103°33'10" W .); to long. 93°30'00" W., thence north along and within 2 miles each side of the Williston long. 93°30'00" W., to the southeast bound­ feet above the surface within a 6-mile radius of Coffeyville Municipal Airport (latitude VOR 316° radial, extending from the 914- ary of V-10 thence direct to lat. 39°47'45" mile radius area to 8 miles northwest of the N., long. 93°34'00" W., thence southwest 37°05'45” N., longitude 95°34'25" W .); and that airspace extending upward from 1,200 VOR; and that airspace extending upward along the northwest boundary of V-10 to from 1,200 feet above the surface within 5 the east boundary of V—161, thence west feet above the surface bounded on the north­ east by a line 5 miles southwest of and paral­ miles northeast and 8 miles southwest of the to lot. 39°44'00" N., long. 94°43'20" W., Williston VOR 136° and 316° radiais, extend­ lel to the Oswego, Kans., VOR 306° radial, on thence southwest to lat. 39°30'00" N., long. ing from the 9 y2 -mile radius area to 12 miles the south by V-516, and on the west by V-131, 94°49'00" W., thence west along lat. 39 °- northwest of the VOR; and within 5 miles excluding the portion which overlies the 30'00" N., to the southwest boundary of southwest and 8 miles northeast of the 127° Independence, Kans., and Parsons, Kans., V-71, thence northwest along the southwest bearing from Sloulin International Airport, transition areas. boundary of V-71 to long. 95°09'00" W., extending from the 914 -mile radius area to thence south along long. 9 5 °09'00" W„ to [F.R. Doc. 68-1279; Filed, Feb. 1, 1968; 16 miles southeast of the airport. the southeast boundary of V-10, thence 8:47 a.m.] northeast along the southeast boundary of [F.R. Doc. 68-1280; Filed, Feb. 1, 1968; V-10 to the arc of a 10-mile radius circle 8:47 a.m.] centered on Kansas City Municipal Airport, [Airspace Docket No. 67-CE-126] thence clockwise to the west boundary of [Airspace Docket No. 67-CE-125] V-159, thence south along the west bound­ p a r t 71— designation o f f e d e r a l ary of V-159 to the point of beginning; and AIRWAYS, CONTROLLED AIRSPACE, PART 71— DESIGNATION OF FEDERAL that airspace extending upward from 5,000 AND REPORTING POINTS AIRWAYS, CONTROLLED AIRSPACE feet MSL bounded on the west by long. AND REPORTING POINTS 93°30'00" W., on the south by V—4, on the Designation of Control Zone and east by V-424, on the north by V—116 and Designation of Transition Area on the northwest by V-206; and within the Alteration of Transition Area area bounded on the west by long. 93° 30'00 " On Page 15712 of the F ederal R egis­ On pages 16102 and 16103 of the F ed­ w o/?11 ®°uth by V-116, on the east by ter dated November 15,1967, the Federal v-206 and on the north by V-10; and with­ eral R egister dated November 23, 1967, the Federal Aviation Administration Aviation Administration published a in an area bounded on the west by V-161, on notice of proposed rule making which ^southeast by V-10 and on the north by published a notice of proposed rule mak­ ing which would amend §§71.171 and would amend § 71.181 of Part 71 of the 71.181 of Part 71 of the Federal Aviation Federal Aviation Regulations so as to -°f the Federal Aviation Act of designate a transition area at Elkhart, 1958; 49 U.S.C. 1348) Regulations so as to designate a control zone and alter the transition area at Ind.- Issued at Kansas City, Mo., on Decem­ Williston, N. Dak. Interested persons were given 45 days ber 17,1968. to submit written comments, suggestions Interested persons were given 45 days or objections regarding the proposed E dward C. M arsh, to submit written comments, sugges­ amendment. « Director, Central Region. tions or objections regarding the pro­ No objections have been received and [PR. Doc. 68-1276; Filed, Feb. 1, 1968; posed amendments. the amendment as so proposed is hereby 8:46 a.m.] No objections have been received and adopted, subject to the following change: the amendments as so proposed are The Elkhart Municipal Airport longi­ hereby adopted, subject to the following tude coordinate recited in the Elkhart, [Airspace Docket No. 67-CE-128] change: Indiana transition area designation as The Sloulin International Airport “longitude 85°59'00" W.” is changed to PAi .T«71— Des»g n a t ,o n o f f e d e r a l longitude coordinate recited in the Wil­ read “longitude 85°59'50" W.” a ir w a ys, c o n t r o l l e d a ir s p a c e , liston, N. Dak., control zone designation This amendment shall be effective 0001 and r e p o r t in g p o in t s and transition area alteration as “longi­ e.s.t., March 28,1968. Alteration of Transition Area tude 103°38'15" W.” is changed to read (Sec. 307(a) of the Federal Aviation Act of “longitude 103°38'10" W.”. 1958; 49 U.S.C. 1348) On Page 16049 of the F ederal R egister This amendment shall be effective 0001 aated November 22, 1967, the Federal Issued in Kansas City, Mo., on Jan­ ea.t., March 28,1968. uary 16,1968. Aviation Administration published a no- (Sec. 307(a) of the Federal Aviation Act of E dward C. M arsh, 0 Proposed rule making which would 1958; 49 U.S.C. 1348) Director, Central Region,

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1966 2506 RULES AND REGULATIONS

In § 71.181 (33 F.R. 2137), the follow­ [Airspace Docket No. 67-SW -88] [Airspace Docket No. 67-CE-116] ing transition area is added: PART 73— SPECIAL USE AIRSPACE PART 75— ESTABLISHMENT OF JET E lk h a r t, I n d . ROUTES Alteration of Restricted Airspace That airspace extending upward from 700 Alteration and Extension of Jet feet above the surface within a 5-mile radius The purpose of this amendment to of Elkhart Municipal Airport (latitude Part 73 of the Federal Aviation Regula­ Routes 4 1°43'00" N., longitude OSLO'S©'' W .); and within 2 miles each side of the South Bend, tions is to change the time of designa­ On October 17, 1967, a notice -of pro­ Ind., VORTAC 101° radial, extending east­ tion of Restricted Area R-3802 Rabbit posed rule making was published in the ward from the 5-mile radius area to 23 miles Island, La. F ederal R egister (32 F .R . 14333) stat­ east of the VORTAC, excluding the portion The Department of the Navy has re­ ing that the Federal Aviation Admin­ which overlies the South Bend, Ind., 700-foot quested the Federal Aviation Adminis­ istration was considering amendments floor transition area. tration to change the time of designation to Part 75 of the Federal Aviation Reg­ [F.R. Doc. 68-1281; Piled, Peb. 1, 1968; of Restricted Area R-3802 Rabbit Island, ulations that would realign Jet Route No. 8:47 a.m.] La., from 0800 e.s.t. to sunset, Saturday 84 segment from Wolbach, Nebr., direct and Sunday, and other times as ac­ to Dubuque, Iowa; and extend Jet Route tivated by NOTAM, to be effective from No. 45 from Des Moines, Iowa, to Wol­ [Airspace Docket No. 67-SO -llO ] sunrise to sunset, daily. Warning Area bach. W-92 has been used to conduct air-to- Interested persons were afforded an PART 71-—designation o f f e d e r a l ground gunnery crew training in the opportunity to participate in the pro­ AIRWAYS, CONTROLLED AIRSPACE, AC-47 aircraft; however, a substantial posed rule making through the submis­ AND REPORTING POINTS increase in the training activity to sup­ sion of comments. The Air Transport port Southeast Asia operations is sched­ Association of America concurred with Designation of Transition Area uled. Due to the limited number of air­ the proposed amendments. However, they On December 12, 1967, a notice of pro­ craft available for training and the long objected to the discontinuance of the posed rule making was published in the transit time to and from the practice existing jet route segment between Des F ederal R egister (32 F.R. 17675), stating firing area in W-92, the increased train­ Moines and Dubuque which would re­ that the Federal Aviation Administra­ ing activity requires the use of a range sult from the realignment of J-84 from tion was considering an amendment to much closer to England Air Force Base, Wolbach direct to Dubuque. The reten­ Part 71 of the Federal Aviation Regula­ La. Restricted Area R-3802 is the only tion and utilization of the jet route seg­ tions that would designate the Laurin- available area located within the de­ ment between Des Moines and Dubuque burg, N.C., transition area. sired distance from England Air Force would facilitate east bound turbojet de­ Interested persons were afforded an Base and the use of it would reduce partures from Omaha, Nebr., and Des opportunity to participate in the rule transit time by more than 50 percent. Moines airports. Accordingly, action is making through the submission of com­ Additionally this area is remotely lo­ taken herein to retain the jet route seg­ ments. All comments received were fa­ cated with respect to airways and other ment between Des Moines and Dubuque vorable except those submitted by the nonparticipating air traffic so that ex­ and renumber the jet route segment from Aircraft Owners and Pilots Association tending the time of effectiveness of R - Des Moines to Wolbach which was pro­ posed as an extension of J-45 in the (AOPA). The AOPA objected on the basis 3802 will not increase its burden upon that the proposed 9-mile radius transi­ notice. tion area is not justified for this airport; the public substantially. Since the retention of the jet route that a 5-mile radius would be adequate. Since there is a vital need for the tar­ segment between Des Moines and Du­ A review of the proposed amendment, get located in R-3802, to toe available on buque and the renumbering of the jet in the light of the comments submitted, a daily basis in support of Southeast route segment from Des Moines to Wol­ bach will not alter the extent of con­ disclosed that a 9-mile radius transition Asia training operations and considering trolled airspace, notice and public proce­ area is required to provide adequate con­ its remoteness, the Administrator has trolled airspace protection to accommo­ dure are unnecessary. date departing jet type aircraft during determined that notice and public pro­ In consideration of the foregoing, Part climb to 1,200 feet above the surface. cedure thereon are unnecessary. 75 of the Federal Aviation Regulations is In consideration of the foregoing, Part In consideration of the foregoing, Part amended, effective 0001 e.s.t., March 28, 71 of the Federal Aviation Regulations 73 of the Federal Aviation Regulations is 1968, as hereinafter set forth. 1. Section 75.100 (33 F.R. 2349) is is amended, effective 0001 e.s.t., March amended, effective 0001, e.s.t., March 28, 28, 1968, as hereinafter set forth. amended as follows: 1968, as hereinafter set forth. a. In Jet Route No. 84 “Des Moines, In § 71.181 (33 F.R. 2137), the follow­ In § 73.38 (33 F.R. 2318) the time of ing transition area is added: Iowa;” is deleted. designation for Restricted Area R-3802, b. Jet Route No. 144 is added: Lavrinbttrg, N.C. Rabbit Island, La., is amended to read: Jet Route No. 144 (Wolbach, Nebr., to Du­ That airspace extending upward from 700 buque, Iowa). From Wolbach, Nebr.; via Des Time of designation.. Sunrise to (sunset. feet above the surface within a 9-mile radius Moines, Iowa; to Dubuque, Iowa* of Laurinburg-Maxton Airport (lat. 34°47'25'' (Sec. 307(a) of the Federal Aviation Act of (Sec. 307(a) of the Federal Aviation Act of N„ long. 79°21'55" W .). 1958; 49 U.S.C. 1348) 1958; 49 U.S.C. 1348) (Sec. 307(a) of the Federal Aviation Act of Issued in Washington, D.C., on Janu­ 1958; 49 U.S.C. 1348(a)) Issued in Washington, D.C., on Janu­ ary 25, 1968. Issued in East Point, Ga., on January ary 25, 1968. H . B. H elstrom, 24, 1968. W il l iam E . M organ, Acting Director, Chief, Airspace and Air James G . R ogers, Traffic Rules Director, Southern Region. Air Traffic Service. Division. [F.R. Doc. 68-1282; Filed, Feb. 1, 1968; [F.R. Doc. 68-1278; Filed, Feb. 1, 1968; [F.R. Doc. 68-1277; Filed, Feb. 1. 19 ’ 8:47 a.m.] 8:47 am .] 8:47 am .]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2507

SUBCHAPTER F— AIR TRAFFIC AND GENERAL OPERATING RULES [Reg. Docket No. 8671; Amdt. 579] PART 97— STANDARD INSTRUMENT APPROACH PROCEDURES Miscellaneous Amendments The amendments to the standard Instrument approach procedures contained herein are adopted to become effective when indicated in order to promote safety. The amended procedures supersede the existing procedures of the same classification now in effect for the airports specified therein. For the convenience of the users, the complete procedure is republished in this amendment indicating the changes to the existing procedures. As a situation exists which demands immediate action in the interests of safety in air commerce, I find that compliance with the notice and procedure provisions of the Administrative Procedure Act is impracticable and that good cause exists for making this amendment effective within less than 30 days from publication. In view of the foregoing and pursuant to the authority delegated to me by the Administrator (24 F.R. 5662), Part 97 (14 CFRPart 97) is amended as follows: 1. By amending' § 97.11 of Subpart B to amend low or medium frequency range (L/MF), automatic direction finding (ADP) and very high frequency omnirange (VOR) procedures as follows: ADP Standard In st r u m e n t A pproach Procedure

Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. If an instrument approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized b y the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below.

Transition Ceiling and visibility minimums

- 2-engine or less Minimum More than From— To— Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

Holland Int...... LOM...... 2200 T -d n _. 300-1 300-1 *200-*3 Princeton Int___ LOM...... 2200 C -dp... 600-1 600-1 600-1*3 EW VOR.. LOM_____ 2200 S-dn-21 . 500-1 500-1 500-1 Mount Vernon Int...... LOM...... y._ 2200 A-dn__. 800-2 800-2 800-2 Augusta Int...... LOM (final) _ _ . 2200 Booneville Int___ LOM______Mackey Int...... ____ LOM______2200 Procedure turn N side of ers, 035° Outbnd, 215° Inbnd, 2200' within 10 miles. Minimum altitude over facility on final approach ers, 2200'. Crs and distance, facility to airport, 215°—6 miles. yku ^rontact not established upon descent to authorized landing minimums or if landing not accomplished within 6 miles after passing LOM, make left-climbing turn EVV VORR 013180 °rS t0 EVV R 0800 and proceed t0 EVV V 0 R or when directed by A T C , make climbing right turn to 2200' on 305° crs and proceed to Princeton Int via *300—1 on Runways 9-27. MSA within 25 miles of facility: 000°-090°—1900'; 090°-180°—2500'; 180°-270°—2500'; 270°-360°—2000'. City, Evansville; State, Ind.; Airport name, Dress Memorial; Elev., 418'; Fac. Class., LOM; Ident., EV; Procedure No. N D B (ADF) Runway 21, Amdt. 4; Eff date 24 Feb 68- Sup. Amdt. No. A D F 1, Amdt. 3; Dated, 4 Mar. 67 ’ VOR Standard I nstrument A pproach P rocedure milffl i^.ri«fA nl^dlilg8; c1°1ur?esJand radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical T f i .o^erwise indicated, except visibilities which are in statute miles. . approach procedure of the above type is conducted at the below named airport, it shall be in accordance with the following instrument approach procedure 8haH 18 “ “ d2 °ted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches ue maae over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below

* Transition Ceiling and visibility minimums

2-engin or less Minimum More than From— T o - Course and 2-engine, distance altitude Condition (feet) 65 knots More than more than or less 65 knots 65 knots

R 1S7°’ v w clockwise...... R 237°, E W VOR ...... Via 8-mile A rc___ 2400 T-dn*...... 300-1 300-1 200-H S ’DME Fix.R“ rClockwise----:-- R 237°, E W VOR ______Via 8-mile A rc___ 2100 C -d ______1100-1 1100-1 1100- 1*3 VOR (final)..______E W 2100 1100-2 1100-2 1100-2 A -d n ______1500-2 1500-2 1500-2 Minimum with I )ME: C -d ______600-1 600-1 600-1*3 C -n ...... 600-2 600-2 600-2

Crs anddiatot,« . WA lacmty on final approach crs, 2100'; over 10-mHe DME Fix, 1518'. If visual cont fafclIity t0 airport, 057°—12.4 miles. EVV VOR r '« ^ t not established upon descent to ^thorized landing minimums or if landing not accomplished within 12.4 miles after passing E W V O R climb to 2500' on *300-1required m Runwa* 164111:1110 E W V O R ° r’ When d ie t e d by A T C , climb to 2200' and proceed to EV LOM. 8 ' t0 45800 on Cit i;A W lth ‘ n 25 m ll e s o f facility: o6o°-090°—2500'; 090°-180°—2600'; 180°-270°—1900'; 270°-360°—2700'. vansville; State, Ind.; Airport name. Dress Memorial; Elev., 418'; Fac. Class., H -B V O R T A C ; Ident., E W ; Procedure No. VO R-1, Amdt. 3; Eff. date 24 Feb 68- Sun Amdt. No. 2; Dated, 28 Jan. 67 . * 1

No. 23—.— s FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2508 RULES AND REGULATIONS

TOR Standard instrum ent A pproach Procedure— Continued

Transition Ceiling and visibility minimums

2-engine or less Minimum More than Course and From— To— altitude Condition 2-engine, distance (feet) 65 knots More than more than or less 65 knots 65 knots

O TG V O R ...... Direct______3300 T-dn%(L...... 300-1 300-1 200-M C-d#______400-1 600-1 600-1)4 C-n#.______400-1)4 600-1)4 500-1)4 S-dn-17#______400-1 400-1 400-1 800-2 800-2 800-2

Procedure turn W side of crs, 350° Outbnd, 170° Inbnd, 3300' within 10 miles. Minimum altitude over facility on final approach crs, *1974' (*2274' when control zone not effective). Facility on airport. . . . 4= If visual contact not established upon descent to authorized landing minimums or if landing not accomplished within 0 mile of VOR, climb to 3300 on R 170 within 10 miles, return to V O R . N otes: (1) Use Sioux Falls, S. Dak., altimeter setting when control zone not effective. (2) Circling and straight-in ceiling minimums are raised 300' and alternate minimum» not authorized when control zone not effective. § These minimums apply at all times for air carriers with approved weather reporting service. ¡6 300-1 required .for all takeoffs on Runway 17. % When weather is below 800-1 aircraft departing southwestbound, flight below 2800' beyond 1 mile from airport is prohibited between radials 210° and 290* inclusive of the O T G V O R due to 2307' tower 4 miles southwest of airport. C aution: Runways 8/26 and 14/32 unlighted. MSA within 25 miles of facility: 000"-180°—2900'; 180°-360°—3400'. City, Worthington; State, Minn.; Airport name, Worthington Municipal; Elev., 1574'; Fac. Class., L -B V O R ; Ident., O T G ; Procedure N o. V O R Runway 17, Arndt. 3;Eft date, 24 Feb. 68; Sup. Amdt. No. Ter VOR-17, Arndt. 2; Dated, 26 Mar. 66 2. By amending § 97.15 of Subpart B to very high frequency omnirange-distance measuring equipment (VOR/DME) procedures as follows: V O R /D M E Standard I nstrument A pproach P rocedure Bearings w r in g s courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautical ^ ^ ^ t o t r ^ m ^ a r o ^ c lf p r i^ ^ m e ^ t h e a lm 'T O tapéis cradvwted^aTtlmbelow named airport, it shall be in accordance with the following Instrument approach praedure, nnlftss an approach is conducted in accordance with a difierent procedure for such airport authorized b y the Administrator of the Federal Av^tion Agency. Initial approaches shall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth below. -

Transition -Ceiling and visibility minimums

2-engine or less More than Minimum 2-engine, Course and altitude Condition From— T o— distance more than (feet) 65 knots More than 65 knots or less 65 knots

PROCEDURE CANCELED, EFFECTIVE, 24 FEB. 1968. City Albany; State, N .Y .; Airport name, Albany County; Elev., 288'; Fac. Class., B VO RTA C ; Ident, A LB; Procedure No. 1, Amdt. 3; Eft. date, 9 Jan. 65; Sup. Amdt " No. 2; Dated, 2 Nov. 63

m Cl**., BVORTAC; ALB; Procedure No. 4, Arndt. * E«. dote, 65; Sop.Ar.4t . No. 2; Dated, 2Nov. 63 3. By amending § 97.17 of Subpart B to amend instrument landing system (ILS) procedures as follows: ILS Standard I nstrument A pproach P rocedure Bearings headings, courses and radials are magnetic. Elevations and altitudes are in feet M SL. Ceilings are in feet above airport elevation. Distances are in nautiesi airport, I t s h a p e l n a ^ ^ unless ^a p p r o a c h ISconducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial appro« « Bhall be made over specified routes. Minimum altitudes shall correspond with those established for en route operation in the particular area or as set forth be .

Transition Ceiling and visibility minimums

2-engine or less More than Minimum 2-engine, Course and Condition more than From— To— altitude distance (feet) 65 knots More than 66 knots or less 65 knots

T-dn%. 300-1 300-1 Lakewood Int LOM (final) Via OBK R 272° 2200 60O-1H and NW crs C -dn... 600-1 500-1 20044 20O4Í OHA ILS. S-dn-ML#1 20044 600-2 A-dn______600-2 ouu4600-2 , „a. fj)Z Category II special authorization requmeo. O R D V O R. Direct______3000 Niles Int____ 2500 elevation, 662'. Decision heights-S-dn O R D V O R .. LOM...... Direct______LOM______Direct______2500 150', R V R 1600', 802', MSL, RA Warren Int__ DHL 100', R V R 1200', 752' MSL RA Deerfield Int. LOM______Direct______2500 OBKVOR... LOM...... Direct______2500

Radar available. Procedure turn W side of crs, 318® Outbnd, 138° Inbnd, 2500' within 10 miles. Al ti tud^o fglide'slo^ie^nd distancet^approach end’of runway at LOM, 2090'—5.2 miles; at MM, 864'—0.6 mile: ^ U vÎsuaf contactnot estebl^ed^upim descent to authorized landing minimums or If landing^not accomplished within 5.2 miles of OM, turn left to a heading clim b to 1500'. then make left-climbing turn to 3500'and proceed to Evanston Int via O R D R 075 . n rm;0 if onntap.t with visual guidancesysm , Category ÏI missed approach: Climb to 1500', then make left-climbing turn to 3500' and proceed to Evanston Int via O RD R 075 , if contact wun mot established at D H . Supplementary charting information: Distance D H 160' to runway—2325. MSA within 25 miles of LOM: 000°-090°—2500'; 090°-180°—3000'; 180°-360°—2500'.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2509

CATO(^T^eoflsURunway 32L when weather is below 1000-3 climb to 2000' MSL on runway heading prior to making left turn. When conducting a parallel approach, Par- i rr a i4 Rand L procedure must be used. rem itted when glide slope not utilized, 400-54 authorized with operative ALS except for 4-engine turbojets; tfRnnwav Visual Range 2400' authorized for takeoff on Runway 14L and 14R, and 32L and 32E, and 27R. *KV R 2000' 4-engine turbojets; R V R 1800' other aircraft descent below 867' not authorized unless ALS visible; p H«,«' state HI • Airport name, Chicago-O’Hare International; Elev.. 667'; Fac. Class., ILS; Ident., I-O H A ; Procedure No. ILS Runway 14L, Arndt 13; E£f. date, 24 City,, Chicago, BU1UJ, Feb. 68; Sup. Arndt. No. ILS > RunRunway wav 14L.14L, Arndt. 12:12; Dated.Dated, 30 Dec. 67 ILS Standard Instrument A pproach P rocedure— Continued

Transition Celling and visibility minimums

2-engine or less More than Minimum 2-engine, Course and Condition From— T o — distance altitude more than (feet) 65 knots More than 65 knots or less 65 knots

LOM ...... 1...... Direct______2200 T-dn**.. 300-1 300-1 200-14 L O M ...... Direct. . 2200 C -d n ___ 600-1 600-1 600-114 LOM ...... Direct______2200 S-dn-21* 2 0 0 -5 4 20O-J4 200-14 LOM...... Direct______2200 A -d n ___ 600-2 600-2 600-2 Buckskin Int______Via 260° me and 2200 LOC crs. Buckskin Int...... SAM, R 112...... 2200 LOM (final)...... Direct. . ___ 2200 L O M ... „ __ D ir e c t...______2500 L O M ...... Direct..... ____ 2200

Procedure turn N side of crs, 036° Outbnd, 215° Inbnd, 2200' within 10 miles. Minimum altitude at glide slope interception Inbnd, 2200'. t Altitude of glide slope and distance to approach end of runway at OM, 2200—6 miles; at;MM. 606-0.5 mile. If visual contact not established upon descent to authorized landing mimmums or if landing not accomplished make left-climbing turn, climb to 2200 on 180° crs to R 080 , and proceed to E W VO R or when directed by A T C , make climbing right turn, .climb to 2200' on 305° crs until intercepting R 013°, then proceed N on R 013° to Princeton Int. Note: Back crs unusable. .... *500-14 required when glide slope not utilized, 500-14 authorized with operative ALS, except for 4-engine turbojets. **300-1 on Runnways 9-27. MSA within 25 miles of LOM: 000°-090°—1900'; 090°-180°—2500'; 180°-270°—2500'; 270°-360°—2000'. City, Evansville; State, Ind.; Airport name, Dress Memorial; Elev., 418'; Fac. Class., ILS; Ident., I - E W ; Procedure No. ILS Runway 21, Arndt. 12; Eft. date, 24 Feb. 68; Sup; Arndt. No. ILS 21, Arndt. 11; Dated, 4 Mar. 67 4. By amending § 97.19 of Subpart B to amend radar procedures as follows: R adar Standard Instrument A pproach P rocedure Bearings, headings, courses and radials are magnetic. Elevations and altitudes are in feet, MSL; Ceilings are In feet above airport elevation. Distances are in nautical miles unless otherwise indicated, except visibilities which are in statute miles. >■ If a radar instrument approach is conducted at the below named airport, it shall be in accordance with the following instrument procedure, unless an approach is conducted in accordance with a different procedure for such airport authorized by the Administrator of the Federal Aviation Agency. Initial approaches shall be made over specified routes. Minimum altitude(s) snail correspond with those established for en route operation in the particular area or as set forth below. Positive identification must be estab­ lished with the radar controller. From Initial contact with radar to final authorized landing minimum«, the instructions of the radar controller are mandatory except when (A) visual contact is established on final approach at or before descent to the authorized landing minimum«, or (B) at pilot’s discretion If it appears desirable to discontinue the approach, except when the radar controller may direct otherwise prior to final approach, a missed approach shall be executed as provided below when (A) communication on final approach is lost for more than 5 seconds during a precision approach, or for more than 30 seconds during a surveillance approach; (B) directed by radar controller; (C) visual contact is not established upon descent to authorized landing minimnms; or (D ) if landing is not accomplished.

Transition Ceiling and visibility minimums

2-engine or less More than Minimum 2-engine, From— To— Course and altitude Condi tion distance more than (feet) 65 knots More than 65 knots or less 65 knots

T -d n % *______300-1 300-1 200-J4 248°... 180° ***2000 g 188°...... 248° ***2000 C-dn-14 L & R, 500-1 500-1 500-154 180°...... 248° ***2300 32 L & R, 27R, 22,** 27L.** C -dn-4...... 600-2 600-2 600-2 C-dn-9R**_____ 500-1 600-1 500-154 S-dn-9R**...... 500-1 500-1 600-1 S-dn-14 L & R, 400-1 400-1 400-1 32 L & R, 27R,$ 22,** 27L.** S-dn-4______600-2 600-2 600-2 A -d n ______800-2 800-2 800-2 Precision approach C -dn...... 500-1 500-1 500-154 S-dn-14 R & L, 200-34 200-54 200-54 27R, 32 L & R J S-dn-22, 4 300-54 300-54 300-54 A -dn 600-2 600-2 600-2

I* sr® from radar site with sector azimuths progressing clockwise. Rirrmr not established upon descent to authorized landing minimnms or if landing not accomplished: 0BK VOR^fcTlt 170» straigllt ahead 40 3500' and proceed to Evanston Int via ORD VOR R 075° or, when directed by ATC, climb straight ahead to 2500' and proceed to 95 ~ cliinb to 3500' and proceed to Evanston Int via ORD VOR R 075°. via ORD VORaR^ 7 ^ <~:l*lnk to 3500' on a ® s of 268° and proceed to DPA VOR via R 068° or, when directed by ATC, climb to 3500' on crs of 268° and proceed to Elgin Int via rvD?i~Clim b to 3500' on a crs of 220” and proceed to DPA VOR via R 073° or, when directed by ATC, make left-climbing turn to 3500' and proceed to Evanston gdUKD VOR R 075°. fight toUWH 14^ 7 "?urn right to heading 155°, climb to 1500', then make right-climbing turn to 3600' and proceed to D P A V O R via R 085° or, when directed by A T C , turn Run wo .Toot; ®Li climb to 1500', make climbing right turn to 3500' and proceed to Elgin Int via ORD VOR R 271°. Runwav 9ot ~n-;urn right to 335° heading, climb to 1500', then make right-climbing turn to 3500' and proceed to Evanston Int via O RD R 075°. Runwav ijt ™um 'eft to 300° heading, climb to 2000', then make climbing left turn to 3500' and proceed direct to D P A VO R. CATjnnir Turn left to heading of 120° and climb to 1500', make left-climbing turn to 3500' and proceed to Evanston Int via O R D R 075°. '«ft turn. 1460 tower, 5.5 miles W, 1413' tower, 4.9 miles W. Takeoffs on Runway 32L, when weather is below 1000-3, climb to 2000' MSL on runway heading prior to making not des^i^iSi^Ppaoh to Runway 22, do not descend below 1200' until radar advises passing 3-mile Radar Fix from end of runway. On ASR approach to Runway 27L do **On 1300' MSL until radar advises passing 2-mile fix from end of runway. approach to Runway 9R do not descend below 1700' MSL until radar advises passing 4-mile fix from end of runway.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2510 RULES AND REGULATIONS

***Radar control will provide 1000' vertical clearance within a 3-mile radius of towers 1187', 15 miles NW, 1460', 5.5 miles W, 1413', 4.9 miles W, 1508 ,7.2 miles SW, 1185'48 miles SW, 1120', 3.5 miles SW, 1504', 14.2 miles SE, 1260', 10 miles SSW, 1080', 14.3 miles SSW, 1125', 8 miles SW, 1549', 13.9 miles SE, and 2049', 13.9 miles SE. #RVR 2400' Runways 14R, 32 L and R and 27®. Descent below 867' not authorized unless approach lights are visible. ¿Runway 14L R V R 2000' 4-engine turbojets; R V R 1800' other aircraft when T D Z L and RCLS are available. %RVR 2400' authorized Runways 14 L and R, 32 L and R and 27R. _ SRunways 27R, 14 R and L, 32 R and L: 400— authorized with operative ALS, except for 4-engine turbojets. Runways 14 R and L, 32 R and. L, and 27R, 400-% author­ ized with operative H I RL except for 4-engine turbojets. City, Chicago; State, HI.; Airport name, Chicago-O’Hare International; Elev., 667'; Fac. Class, and Ident., O’Hare Radar; Procedure No. 1, Arndt. 16; Efl. date, 24 Feb. 68; Sup. Arndt. No. 1, Arndt. 15; Dated, 16 Dec. 67 These procedures shall become effective on the dates specified therein. (Secs. 307(c), 313(a), 601, Federal Aviation Act of 1958; 49 U.S.C, 1348(c), 1354(a), 1421; 72 Stat. 749, 752, 775) Issued in Washington, D.C., on January 17, 1968. R. S. Sliff, Acting Director, Flight Standards Service. [F.R. Doc. 68-929; Filed, Feb. 1, 1968; 8:45 a.m.]

ceipt of subscription rights distributed exempted. Further, the exemptive pro­ Title 17— COMMODITY AND by an issuer to its shareholders pro rata vision of the proposed rule excludes a without consideration does not involve sale of subscription rights by a person SECURITIES EXCHANGES a purchase of such rights.1 In accordance who has purchased subscription rights with another suggestion the maximum for cash or other consideration within Chapter II— Securities and Exchange allowable term of a subscription right the 6-month period preceding or follow­ Commission under the rule has been increased from ing such to the extent of any such 30 to 45 days. In addition certain other purchase. [Release No. 34-8229] minor technical revisions were made Commission action. Section 240.16b-ll PART 240— GENERAL RULES AND which have no material effect on the of Chapter II of Title 17 of the Code of REGULATIONS, SECURITIES EX­ substance of the rale. Federal Regulations is herewith adopted to read as follows: CHANGE ACT OF 1934 Rule 16b-ll (17 CFR 240.16b-ll) was proposed by the Commission in response § 240.16b—11 Exemption from section Insider Trading to inquiries from issuers and members of 1 6 (b ) o f certain transactions in­ Notice is hereby given that the Securi­ the Bar as to whether a sale of a right or volving the sale of subscription ties and Exchange Commission has a warrant to subscribe for a security rights. adopted Rule 16b—11 (17 CPR 240.16b— could be matched against a prior or sub­ (a) Any sale of a subscription right to 11), under the Securities Exchange Act sequent purchase of the underlying se­ acquire any subject security of the same of 1934. The rule exempts from the op­ curity within a 6-month period for the issuer shall toe exempt from the provi­ eration of section 16(b) under the Act the purpose of section 16(b). This question sion of section 16(b) (of the act), to the sale of certain short-term subscription is quite complex and there is no judicial extent prescribed in this section, as not rights distributed by an issuer to a class precedent precisely in point.2 The Com­ comprehended within the purpose of said of its security holders pro rata in the mission, therefore, is not prepared to section of the act, if: course of an offering to such security express an opinion on the matter without (1) Such subscription light is ac­ holders of additional securities of such further study, but is nevertheless of the quired, directly or indirectly, from the is­ issuer. view that the limited exemption afforded suer without the payment of considera­ Section 16(b) of the Act was enacted by Rule 16b-ll would not, in any event, tion; . . for the purpose of discouraging the un­ ’be contrary to the purpose of section (2) Such subscription right by 1» fair use of information in short-term 16(b). Accordingly, Rule 16b-ll has been terms expires within 45 days after the trading by beneficial owners of more adopted in the form proposed with the issuance thereof; ,, than 10 percent of a class of equity modifications noted above. (3) Such subscription right by ns security registered pursuant to section The exemption afforded by the rule term is issued on a pro rata basis to a 12 of the Act and by officers and direc­ covers only the sale of subscription rights holders of the beneficiary security tors of the issuer of such a security. Sec­ received from the issuer in the course of the issuer; and , ... tion 16(b) provides that profits realized a pro rata distribution of such rights (4) A registration statement under t, by such persons from the purchase and without consideration to a class of its Securities Act of 1933 (15 U.S.C. 77) sale, or sale and purchase, of any equity security holders. Purchases of subscrip­ in effect as to each subject security, security of the issuer, whether or not tion rights for cash or other considera­ the applicable terms of any exemp registered, within a period of less than tion, sales of subscription rights pur­ from such registration have been m 6 months, inure to and are recoverable chased for cash or other consideration, in respect to each subject security. by or on behalf of the issuer. The Com­ and the purchase of securities upon the (■b) When used within this sectio mission is authorized to exempt from exercise of subscription rights are not the following terms shall have the mea ■ ndicated. . ._ht» the provision of section 16(b) transac­ ) The term “subscription rign tions not comprehended within the pur­ 1 Shaw v. Dreyfus, 172 F. 2d 140 (1949), ns any warrant or certificate pose of the section. cert. den. 337 U.S. 907. ring a right to subscribe to or otne The Commission published notice of 2 In Shaw v. Dreyfus, supra, the defendant acquire an equity security- the proposed adoption of this rule in sold part of his subscription rights and ex­ ercised the remainder. It does not appear, ) The term “beneficiary secun y Securities Exchange Act Release No. ns a security registered ? i rS 8204 on December 11,1967 ;(F.R., Dec. 15, however, that any claim for relief was based upon the sale of the rights and the purchase Lon 12 (of the act) to the holders 1967, 32 F.R. 17983) and invited com­ of the underlying shares within a 6-month hich a subscription right is S*® ments thereon. One comment was re­ period and the court’s opinion makes no ) The term “subject security m ceived which suggested that the exten­ mention of this problem. Judge Clark, in his curity which is the subject o sion of the exemptive provision of the dissenting opinion, however, appears to have rule to the receipt of a subscription right been of the view that the statutory purpose otion right. , ... _ Mn. of section 16(b) might require the matching :) Notwithstanding anything might lead to the erroneous impression ed herein to the contrary. if P6^ that the receipt of a subscription right of the sale of subscription rights against prior or subsequent purchases of the under­ :hases subscription nghts ft ^ which did not qualify under the pile lying shares. In Silverman v. Landa, 306 F. 2d >ther consideration, then a _ would involve the purchase of such right 422 (1962) the same court held that the l person of subscription ng t ^ for the purpose of section 16(b). The rule issuance of a straddle (i.e., a matched put ! exempted by this section w pur. was revised, therefore, in order to delete call) did not involve a purchase and xempted to the extentof the word “receipt” from the title, and sale of the underlying security, notwith­ ses within the 6-month period p from the exemptive provision of the rule, standing the Commission’s amicus curiae . __fiiiinVi cq.lfi. since it is well established that the re­ brief to the contrary.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2511

(Secs. 16(b) and 23(a); 48 Stat. 896 and 901, Any person who will be adversely 3. In the first column of page 986, as amended; 15 ÜSC 78p and 78w) affected by the foregoing order may at paragraph 8.A. should read: any time within 3Q days from the date of Effective date. The Commission finds A. By inserting in the first sentence of the transactions exempted by the fore­ its publication in the F ederal R egister file with the Hearing Clerk, Department subparagraph (1) “ (14),” after “ (13),” ; going section are not comprehended and within the purpose of section 16(b) of of Health, Education, and Welfare, Room the Securities Exchange Act of 1934 and 5440, 330 Independence Avenue SW., has taken the foregoing action pursuant Washington, D.C. 20201, written objec­ to such Act, particularly sections 16(b) tions thereto. Objections shall show and 23(a) thereof. Since the foregoing wherein the person filing will be ad­ Title 43— PUBLIC LANDS: action grants an exemption from the versely affected by the order and specify requirements of section 16(b) of the Se­ with particularity the provisions of the INTERIOR order deemed objectionable and the curities Exchange Act of 1934, the Com­ Chapter II— Bureau of Land Manage­ mission finds that the procedures speci­ grounds for the objections. If a hearing fied in section 4 of the Administrative is requested, the objections must state ment, Department of the Interior Procedure Act as codified in 5 U.S.C. 553 the issues for the hearing, and such ob­ SUBCHAPTER B— LAND TENURE MANAGEMENT are unnecessary. The foregoing section jections must be supported by grounds (2000) shall be effective January 17, 1968. legally sufficient to justify the relief [Circular 2239] By the Commission, January 17,1968. sought. Objections may be accompanied by a memorandum or brief in support PART 2240— SALES AND EXCHANGES [seal] O rval. L. D tjB ois, thereof. All documents shall be filed in Secretary. six copies. Subpart 2244— Exchanges [F.R. Doc. 68-1268; Piled, Feb. 1, 1968; Effective date. This order shall become M iscellaneous A m e n dm en ts 8:46 a.m.] effective 60 days from the date of its pub­ On pages 10799-10803 of the F ederal lication in the Federal R egister, except as to any provisions that may be stayed R egister of July 22,1967, there were pub­ Title 21— FOOD AND DRUGS by the filing of proper objections. Notice lished a notice and text of proposed re­ of the filing of objections or lack thereof vision of 43 CFR 2244. The purpose of the revision is to establish uniform proce­ Chapter I— Food and Drug Adminis­ will be announced by publication in the tration, Department of Health, dures for the handling of exchanges. F ederal R egister. Interested persons were given 30 days Education, and Welfare (Secs. 201 (v), 511, 701, 52 Stat. 1055, as within which to submit written com­ SUBCHAPTER C— DRUGS amended, 79 Stat. 227 et seq.; 21 U.S.C. 321 ments, suggestions or objections with (v ), 360a, 371) PART 166— DEPRESSANT AND STIM­ respect to the proposed revisions. Two ULANT DRUGS; DEFINITIONS, PRO­ Dated: January 24, 1968. suggestions, both relating to the citation CEDURAL AND INTERPRETATIVE W inton B. R ankin, of authority, were received and adopted. REGULATIONS Deputy Commissioner of The proposed regulations are hereby Listing of Additional Drug as Drug Food and Drugs. adopted with the following changes, and Subject to Control [F.R. Doc. 68-1207; Filed, Feb. 1, 1968; are set forth below: In the matter of listing the drug DOM 8:45 a.m.] (1) In paragraph (c) of § 2244.1-2 the (STP) as a “depressant or stimulant” part number is changed to read “ 2410,” drug within the meaning of section 201 this being the correct identification for (v) of the Federal Food, Drug, and the Part relating to Land Classification. Cosmetic Act because of its hallucino­ Title 27— INTOXICATING (2) Existing paragraph (a) of genic effect: § 2244.4-5 of the proposed regulation is No comments were received on the LIQUORS proposal in the above-identified matter deleted. This paragraph cited as author­ published in the Federal R egister of Chapter I— Internal Revenue Service, ity f § 303 and 304 of the Act of June 15, November 22, 1967 (32 F.R. 16048), and Department of the Treasury 1935 (49 Stat. 382; 16 U.S.C. 715d-2, 1 1Si ,Conc^uded that the amendment [T.D. 6945] 715e-l). However, § 303 of the Act of should be adopted as proposed. June 15,1935, was repealed by the Act of r, 7" er_?ft)re> Pursuant to the provisions PART 5— LABELING AND ADVERTIS­ October 15,1966 (80 Stat. 930), and § 304 the Federal Food, Drug, and Cosmetic ING OF DISTILLED SPIRITS Act (secs. 201(v), 511, 701, 52 Stat. 1055, is also now without effect. J?amended, 79 Stat. 227 et seq.; 21 U.S.C. Standards of Identity for Neutral (3) Existing paragraph (c) of i , ’ 3®0a> 371) and under the author- Spirits and Domestic Whiskies § 2244.4-5 of the proposed regulation is ny delegated by the Secretary of Health, redesignated paragraph (a). Jducafion, and Welfare to the Commis- Correction ^fofFoodandDrugs (21 CFR 2.120), (4) A new paragraph (c) is added to In F.R. Doc. 68-981, appearing at page am»« .1?) *s ahiended by alphabeti- § 2244.4-5, to complete the citation of itpnf mse/ tinS *n list of drugs a new 983 of the issue for Friday, January 26, exchange authority relating to wildlife lcem, as follows: 1968, the following changes should be refuge exchanges: Listing o f drags defined in sec­ made: ’ “ (c) Section 1 of the Act of August 22, tion 201 (V) o f the act. 1. In the first column of page 984 in 1957 (71 Stat. 412), as amended (16 the paragraph captioned “Conclusion,” U.S.C. 696) authorizes the Secretary of (0 (3) the first sentence should read: “All pro­ the Interior to acquire, for the National posals for amendments in the regula­ Key Deer Refuge, lands in designated Established name or other tions with respect to domestic whiskies areas in Florida which he finds suitable nonproprietary distilled at 160° proof or less are for the conservation and management of signation Some trade or other names rejected.” key deer and other wildlife by exchange * * * DOlf / Qpm,. ^ ^ 2. In the third column of page 985, for any Federally owned property in ' ' — 4-Methyl-2,5-dimethoxy- paragraph 2.B. should read: Florida which he classifies as suitable for amphetamine; 4-methyl- B. By inserting in subparagraph (1) in exchange or other disposal. The values 2,5 - dlmethoxy-o-methyl- phenethylamine; and the first sentence “, at not more than of the property so exchanged shall be ap­ "STP." 125° proof,” after “March 31, 1938, proximately equal, or if they are not • ♦ • • * * stored” ; approximately equal, the values shall be FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2512 RULES AND REGULATIONS equalized by the payment of cash to the (b) Formal application: its board of directors, or other governing grantor or to the Secretary as required.” (1) Any person desiring to effect an body, and a copy of such resolution or This amendment shall become effective exchange hereunder must file with the order must accompany the deed. The at the beginning of the 30th day follow­ Bureau of Land Management an applica­ corporate seal must be affixed to both ing the date of publication in the F ed­ tion, in duplicate, on a form approved instruments. eral'R egister. by the Director, Bureau of Land Man­ (2) States will be required to submit S tew art L. U dall, agement, or its equivalent, properly de­ a deed of conveyance of the offered prop­ Secretary of the Interior. scribing the offered and selected prop­ erty to the United States, properly exe­ erty. If the selected property is surveyed, cuted, acknowledged, and duly recorded J anuar y 27, 1968. it must be described by legal subdivisions in accordance with the laws of the State Subpart 2244 is revised in its entirety o f the public land surveys. The docu­ making the exchange, together with a to read as follows: ments must be filed in accordance with certificate of the proper State officer the provisions of § 1821.2 of this chapter. showing that the officer executing the Subpart 2244— Exchanges The application must be accompanied by conveyance was authorized to do so under § 2244.0—1 Purpose. the notice required by paragraph (a) of the State law. \ this section, stating that the proposal ap­ (3) Holders of unperfected claims and The regulations in this subpart pro­ pears feasible. Indian trust patents will not be required vide procedures for processing exchanges (2) The application must also include to submit a deed of conveyance. In lieu of U.S. property for other property. a corroborated statement relative to thereof, they will be required to submit § 2244.0—2 Objectives. springs and water holes on the selected a relinquishment of the claim or trust property, in accordance with §§ 2321.1- patent to the United States, witnessed The discretionary authority of the Sec­ 1(a) to 2321.1-2 (d) of this chapter. by two persons and acknowledged before retary of the Interior to make exchanges (3) The application must state that a notary public or other official with a will be used to consolidate land holdings the value of the selected property does seal. The relinquishment must contain of the United States, and to -establish not exceed the value of the offered prop­ a statement that the applicant has not land ownership and use patterns which erty. In a case where, by statute, equali­ sold, assigned, mortgaged, or contracted will permit more effective administra­ zation of values is permitted by a cash to sell, assign, or mortgage the land cov­ tion of the public lands of the United payment, the amount of cash payment ered by the unperfected claim or relin­ States, the stability of communities and that must be made to equalize values quished allotment. enterprises dependent on the public shall be stated in the application. (4) All deeds and relinquishments lands, and other program objectives de­ (c) Classification of land: No prelimi­ must state that they are made “for and scribed in Subpart 1725 of this chapter. nary negotiations will be conducted, and in consideration of the exchange of cer­ § 2244.6—5 Definitions. no application will be accepted for lands tain lands, as authorized by” the appro­ administered by the Bureau of -Land (a) As used in this part the term “ per­ priate act of the Congress. Management which have not been classi­ (5) Where appropriate, the deed shall son” includes any person or entity legal­ fied as proper for disposal by exchange, ly capable of conveying and holding real recite that the conveyance is made to consistent with the provisions of Part the United States, “ as grantee in trust” property under the laws of the States 2410 of this chapter. This does not, how­ within which the property is located. for the appropriate Indian tribe or group. ever, prevent an interested agency from (f) Taxes and equalizing money: § 2244.1 Provisions applicable to all requesting that the authorized officer of Where taxes which have been assessed exchanges. the Bureau of Land Management Sched­ or levied on the offered property con­ Except where otherwise noted in the ule classification action, in accordance stitute liens against the property al­ regulations of this Subpart 2244, the with the provisions of Part 2410 of this though such taxes are not due and pay* regulations in this § 2244.1 are applicable chapter, for any lands which the inter­ able at the time of the recordation of the to all exchanges. ested agency considers may have value deed to the United States, the applicant for exchanges. may furnish a bond with a qualified § 2244.1—1 Basis for exchange. (d) The applicant must be legally ca­ surety for double the amount of taxes The fair market value of the property pable, under the laws of the State in paid on the property for the previous conveyed to the United States in any ex­ which the offered property is located, of year, or, in lieu of a bond, a cash deposit change shall not be less than the fair consummating the exchange. The appli­ in like amount, to secure the payment of market value of the United States prop­ cation must state that the applicant is the such taxes. When proper evidence oi erty exchanged therefor. owner of the interest in the property of­ payment in full of such taxes is furnished fered in exchange and that such offered by the applicant, liability under the bona § 2244.1—2 Applications. interest is not the basis of any other ex­ will be terminated or the cash deposit (a) Preliminary negotiations: Prelim­ change. will be returned to him. Cash depositor inary negotiations for exchanges must (e) Deed to the United States: bond for taxes and, where applicable, be conducted with the Federal bureau (1) Owners of private property will be cash payment of the amount determined or agency which would administer the required to submit a warranty deed of to be needed to equalize values, win . offered lands if the exchange were com­ conveyance of the offered property to the payable upon request of the authoriz pleted. Any person who holds an interest United States, properly executed, ac­ officer of the Bureau of in property within the boundaries of knowledged, and recorded in accordance Management. the area of responsibility of such Fed­ with the laws of the State in which the (g) Evidence of title: , eral bureau or agency and who desires property is situated. Revenue stamps re­ (1) Owners of private property onereu to negotiate an exchange with the United quired by Federal and State law must be in exchange must submit as eyidenc States must file with the appropriate affixed to the deed and canceled. A deed title to the offered lands a policy 9* thp field officer of that bureau or agency an executed by an individual grantor must insurance on the form prescribed W u* informal proposal, in writing, describ­ disclose his marital status. If married, Department of the Interior ( ing the property which is to be offered the spouse of the grantor must join in 4-1202), or on the form approved W* •»» to the United States and the property the execution of the deed to bar any right Attorney General (See “Standard which is desired in exchange. After con­ of curtesy, dower, community interest, or the Preparation of Title Eviden^ sultation with the authorized officer of any other claim to the property conveyed, Land Acquisitions by the United Star the bureau or agency which has jurisdic­ or it must be fully shown that under the issued by the Department of . tion over the property desired by the pro­ laws of the State in which the conveyed 1964 ed.); or a certificate of ponent, the appropriate field officer will property is situated, the grantor’s spouse by a title insurance company aut , notify the proponent in writing whether has no interest, present or prospective, by law to issue same, or an abs the proposal appears feasible and, if so, in the property. A deed executed by a title prepared and authenticated dy whether any adjustments appear neces­ corporation must recite that it was exe­ licensed abstractor or abstract c sary for its consummation. cuted, pursuant to a resolution or order of or by the recorder of deeds or

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 RULES AND REGULATIONS 2513 proper officer of the State under his offi- offered property is situated, and in the (b) If an applicant has submitted deed same manner in a newspaper of general and title evidence in connection with an States must submit satisfactory circulation in the county or counties in exchange and his application is rejected, evidence of title to the offered property, which the selected property is situated. the evidence of title will be returned to (i) If the offered property was ever held Proof of publication of notice shall con­ the applicant. If the deed was recorded, in private ownership, certificate of title, sist of a certificate by the publisher or a quitclaim deed for the land conveyed or an abstract of title as prescribed in foreman or 'other authorized employee to the United States will be issued under subparagraph (1) of this paragraph of the newspaper, specifying the dates of section 6 of the Act of April 28, 1930 (46 must be submitted, (ii) If the offered publication, attached to a copy of the Stat. 257; 43 U.S.C. sec. 872). property was never held in private own­ notice as published. § 2244.1—6 Costs and fees. ership the State must submit a certifi­ § 2244.1—4 Approval o f exchange; right Whenever the law permits, the bureau cate of the proper State officer showing to reject; unperfected claims. that the offered property had not been or agency which will administer the of­ sold or otherwise encumbered by the (a) Approval of exchange. (1) The fered lands if the exchange is consum­ State, and a certificate by the recorder criteria in Parts 1720 and 2410 of this mated will be required to do the. of deeds or other proper officer under his chapter and the provisions of appropri­ following: official seal or by an abstrator or ab­ ate law shall be used in determining (a) Appraisals. At the request and stract company that no instrument pur­ whether an application for exchange with the approval of the authorized of­ porting to convey or in any way en­ should be approved. ficer of Bureau of Land Management, cumber title to the offered property is (2) After examination of the title and arrange, by contract or otherwise, for of record or on file. other evidence required of the applicant, the services of appraisers, for the purpose (3) Holders of unperfected claims andif all be found regular and in conform­ of appraising both the offered and Indian trust patents must file a certifi­ ity with the law and regulations, and selected property. cate of the recorder of deeds or other there are no objections, the authorized (b) Publication and securing title evi­ proper officer under his official seal or of officer may accept title to the property dence. Pay for costs of publication of the an abstractor or abstract company that offered and conveyed to the United exchange and of securing title evidence no instrument purporting to convey or States. He will then issue a patent or for the offered property, except as pro­ in any way encumber title to the offered other instrument of transfer for the vided otherwise in other sections of this land is of record or on file. property selected in exchange and, subpart. where authorized by law, will transmit to (h) Segregation of the land : The filing (c) Processing. At the request of auth­ of a valid formal application for ex­ the applicant the cash payment, if any, necessary to equalize the values. orized officers of Bureau of Land Man­ change under the regulations of this sub­ agement, reimburse the Bureau of Land part will segregate the selected public (b) Right to reject. (1) An applica­ tion may be rejected at any time prior Management and the bureau having lands to the extent that they will not be jurisdiction over the selected lands, if subject to appropriation under the pub­ to the issuance of patent or other instru­ ment of transfer. Exchanges will not be other than the Bureau of Land Manage­ lic land laws, including the mining laws, ment, for any costs incurred by them in and that any subsequently tendered consummated, in the discretion of the authorized officer when, for example, processing an exchange filed pursuant to application, allowance of which is dis­ the regulations in this subpart. cretionary, will not be accepted, will not after public notice— (1) An appropriate public requirement (d) Service or filing fees. Where the be considered as filed, and will be re­ law permits, no service or filing fees shall turned to the applicant. The segrega­ for the selected property is identified, or (ii) Information is received which es­be required in connection with an appli­ tive effect of an application on the lands cation for exchange. covered by the application will termi­ tablishes that the exchange is not in the nate at 10 a.m. on the 30th day from and public interest. . § 2244.2 Exchanges with States under after the date a notice of the withdrawal (2) Changes in values, after publica­ the Taylor Crazing Act. tion of the notice required by § 2244.1-3, or rejection of the application is first § 2244.2—1 Authority. posted in the land office having juris­ will ordinarily not be a basis for rejec­ diction over said lands. tion of an application, all other factors (a) Subsections (c) and (d) of sec­ being equal. tion 8 of the Act of June 28, 1934 (48 § 2244.1—3 Publication. (3) Prior to issuance of patent, no Stat. 1272), as amended (43 U.S.C. secv Upon a determination by the author­ action taken shall establish any contrac­ 315g), authorize exchanges of lands be­ ized officer of the bureau or agency hav- tual or other rights against the United tween the United States and a State, Jurisdiction over the selected prop­ States, or create any contractual or upon the application of the State, and erty and the authorized officer of the other obligation of the United States. provide for the issuance of patent for the Durea-u or agency which will administer (c) Unperfected claims. When the selected lands upon acceptance of title ne offered property, if the exchange is offered lands are embraced in unper­ to the lands conveyed to the United ompleted, that the exchange is con- fected claims, patents will not issue for States in exchange therefor. lstent with the law and regulations and the selected lands until the applicant (b) Lands offered in exchange by a Hm ^ Puklic interest, no- complies with all the requirements of State may be State-owned lands within nnKTu Proposed exchange will be the law and regulations under which the or without the boundaries of a grazing Published by the Bureau of Land Man- unperfected claims have been held. The district, and the selected lands may be The notice of publication will applicant will be credited with all acts surveyed grazing district lands not oth­ “ ie name and post office address of of compliance whether earned in con­ erwise appropriated or reserved, or un­ j... aPPlicant, the serial number and nection with the offered lands or selected appropriated and unreserved surveyed the * e application, a reference to lands or both. public lands of the United States, within anrt 5 "® * authorizing the .exchange, the same State. If, however, the selected spwlîf descriPtion of the offered and § 2244.1—5 Removal of improvements; lands are within a grazing district, the all Property. It will also state that return o f title evidence. lands offered by the State must be within selpersons asserting a claim to the (a) When any buildings, fencing, or the same grazing district and the selected iecH^ Property or having bona fide ob- other movable improvements owned or lands must lie in a reasonably compact nrow *5? exchange may file their erected by an applicant on the land re­ body which is so located as not to inter­ desifmif* °J objections in the office linquished or conveyed are not a part of fere with the administration or value eviden!ww the notice* together with the offer to relinquish or convey, the of the remaining lands in the district objer>tw,^lat a copy of such protest or applicant may remove such improve­ for grazing purposes. Plicant T^has Peen served upon the ap- ments from the land upon receipt of (c) Unsurveyed school sections within a week Police will be published once notice that the exchange has been ap­ or without the boundary of a grazing naterf rfllr4 consecutive weeks in a desig- proved, provided that such removal is district may be offered by the State in in the ^ s? aper ° i general circulation accomplished within the time period an exchange based upon equal areas, county or counties in which the specified in said notice. but the Secretary of the Interior will

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2514 RULES AND REGULATIONS consider and determine whether the val­ § 2244.3 National forest exchanges. will serve as a foundation for continuing ues of the offered and selected lands are § 2244.3—1 Authority. industries and permanent communities. aproximately equal for the purpose of (2) Exchanges, (i) Lands and timber the exchanges. No mineral reservations The Act of March 20, 1922 (42 Stat. to be acquired under authority of the to the State may be made in such unsur­ 465) , as amended (16 U.S.C., sec. 485), Act of July 31,1939, will be of a character veyed sections, the identification of which and other acts authorize the United and so located that the acquisition there­ will be determined by protraction or States to convey Federal lands or timber o f will promote the conservation prin­ otherwise, the State by such selections and in exchange therefor to accept title ciples laid down by the Act of August 28, waiving all rights to the unsurveyed to non-Federal lands which thereupon 1937. Lands and timber which will be sections. become a part of the national forest disposed of by exchange will be of such a (d) State-owned lands, as well as system administered by the Secretary type and so located that the transfer of school sections surveyed and unsurveyed, of Agriculture. these resources will not interfere with the title to which has not yet vested in § 2244.3—2 Applicable regulations. those principles. Exchanges will not be the State, located within national forests, authorized where the exchange would national parks and monuments, Indian All proposals for exchange for the con­ create a serious disturbance of existing or other reservations or withdrawals, solidation or extension of national for­ economic conditions; or in cases where may be offered as a basis for an exchange ests shall be filed with the appropriate the exchange would operate materially under said section 8 of the Taylor Graz­ officer of the Forest Service, U.S. Depart­ to reduce the revenues which should ac­ ing Act as amended, where the selected ment of Agriculture in compliance with crue to the counties under authority of lands are not within a grazing district. the regulations of the Secretary of Agri­ the Act of August 28, 1937. Neither can Where the selected lands are within a culture. In addition, when an application approval be given to the exchange of grazing district, lands within the exterior involves the selection of public lands out­ lands which would prevent the free and boundaries of the grazing district and side of national forests and under the ready access of the Government in the also within such reservations or with­ administrative jurisdiction of the Bureau development of the resources under its drawals may be offered as a basis for an of Land Management, the proponents jurisdiction, nor the passing of title to exchange only if the authorized officer, must comply with the regulations in which would in any way interfere with Bureau of Land Management, deter­ § 2444.1. the policy of sustained-yield forest man­ mines that the exchange would not inter­ § 2244.4 Other exchanges. agement which governs the administra­ fere with the administration or value of The following exchanges are subject tion of the O. and C. lands. the rem aining lands in the grazing dis­ to the provisions of § 2244.1. Cii) The primary objectives sought by trict for grazing purposes. the Act of July 31, 1939, include the (e) Either party to an exchange may § 2244.4—1 O&C exchanges. foliowring: make reservations of minerals, ease­ (a ) . Authority. The Act of July 31,1939 (a) Simplification of administration, ments, or rights of use. The right to en­ (53 Stat. 1144), authorizes and em­ improvement, and protection through the joy reservations made in lands conveyed powers the Secretary of the Interior, consolidation of holdings. to or by the United States shall be sub­ in his discretion, in the administration (b) The development of a balanced ject to such reasonable conditions re­ of the act approved August 28, 1937 (50 distribution of age classes of timber with specting ingress and egress and the use Stat. 874), to exchange any nonmineral a view to promoting the policy of sus­ of the surface of the lands as the author­ land formerly granted to the Oregon tained-yield forest management provided ized officer deems necessary. and California Railroad Co., title to for in the Act of August 28, 1937. (f) Lands conveyed to the United which was revested in the United States (c) The establishment of sustained- States pursuant to a State exchange pursuant to the provisions of the Act of tinder this section, upon acceptance of deld management units, with a view to June 9,1916 (39 Stat. 218), and any land ustaining dependent industry, dependent title thereof, become public lands. If the granted to the State of Oregon, title to abor and dependent communities. lands are located within the exterior which was reconveyed to the United boundaries of a grazing district, they be­ States by the Southern Oregon Co. pur­ come a part of that district. forest units. suant to the provisions of the Act of (e) Aid in establishing economic op­ and sec. 315p>. change shall be administered in accord­ (h) The State is responsible for pay­ ance with the same provisions of law Cd) of section 8 of the Taylor Gr ment of one-half the cost of publication. as the revested and reconveyed lands ex­ Act of June 28, 1934 (48 Stat. 1272), amended (43 U.S.C., sec. 3 15 g>, auffiora § 2244.2-2 Program. changed therefor, and that parties to the the Secretary of the interior when The program of the Secretary of the exchange may make reservations of ease­ ments, rights-of-way, and other interests public interests will be benefited , Interior is to cooperate with the States to by, to accept on behalf of the U effect mutually advantageous exchanges and rights. Both thé offered and selected lands in Coos Bay Wagon Road ex­ States title to any privately owned la and to process State proposals for ex­ within or without the boundaries changes must be in the same county, change as rapidly as possible, consistent grazing district and in exchange , with the law and the regulations of this (b) Program— (1> Forest manage­ for to issue a patent for not to.ex subpart. ment. The Act of August 28, 1937 (50 an equal value of surveyed grazing Stat. 874), provides for the conservation trict land or of unreserved smveyedpM § 2244.2—3 Applicable regulations. of land, water, forest, and forage on a lie land in the same ®tat® o^^sSh- All the provisions of § 2244.1 apply to permanent basis; the prudent utilization distance of not more than 50 m . State exchanges except: of these resources for the purposes to hi the adjoining State nearest t e ^ (a) States may file applications for which they are best adapted; and the vately owned land. EitherP® exchanges without meeting the require­ realization of the highest current values exchange may make reservations ments for preliminary negotiations. consistent with undiminished future re­ turns. It seeks, through the application erals, easements, or rights of • ^ (b) State exchanges are not subject applicant must pay one-half to the classification requirements of of the policy of sustained-yield manage­ Parts 2410 and 2411 of this chapter. ment, to provide perpetual forests which of publication.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 196» RULES AND REGULATIONS 2515

6 2244.4-3 Indian reservation have generally reached the limits allowed November 8,1965 (79 Stat. 1295) author­ exchanges. by enabling legislation. Regulations cov­ izes the Secretary of the Interior to ad- (a) Executive order reservations. The ering such transactions are, therefore, 'minister the Whiskeytown unit of the Whiskeytown-Shasta-Trinity National Act of April 21, 1904 (33 Stat. 211; 43 not codified. Any such transactions will U.S.C., sec. 149), authorizes the Secre­ be handled in a manner consistent with Recreation Area. The Secretary is au­ the authorizing laws and with the regu­ thorized to accept title to any non-Fed­ tary of the Interior to exchange any eral property within any part of the rec­ vacant, nonmineral, nontimbered, sur­ lations in § 2244.1. reation area and in exchange therefor to veyed public lands located in the same (b) Point Reyes National Seashore, convey to the grantor any federally State as the offered lands for any pri­ Calif. The Act of September 13, 1962 owned property under his jurisdiction vately owned lands over which an In­ (76 Stat. 538; 16 U.S.C., secs. 459c-459c- within the State of California which he dian reservation has been extended by 7), providing for the establishment of classifies as suitable for exchange or dis­ Executive order. The offered and selected the Point Reyes National Seashore in posal. The properties so exchanged shall lands must be approximately equal both the State of California, authorizes the be approximately equal in fair market in value and area. The applicant must Secretary of the Interior, when the pub­ value, provided that the Secretary may pay all costs of consummating the ex­ lic interest will be benefited thereby, to acquire land, waters, and other property a ~ -,ept cash from or pay cash to the change. grantor in an exchange in order to equal­ (b) San Juan, McKinley, and Valencia within the boundaries of the Point Reyes National Seashore by exchange. He may ize the value of the properties exchanged. Counties, N. Mex. Section 13 of the Act accept title to any non-Federal property of March 3, 1921 (41 Stat. 1239), au­ § 2244.4—5 Wildlife refuge exchanges. located within such area and convey to thorizes the Secretary of the Interior to the grantor of such property any fed­ (a) Section 4(b) (3) of the Act of Oc­ exchange any vacant, surveyed public erally owned property under the juris­ tober 15, 1966 (80 Stat. 926), authorizes lands, including any lands reconveyed diction of the Secretary within Arizona, the Secretary of the Interior to acquire under this act, in San Juan, McKinley, California, Nevada, and Oregon, not­ lands or interests therein by exchange and Valencia Counties, N. Mex., for any withstanding any other provision of law. (1) for acquired lands or public lands privately owned lands, State school lands The properties so exchanged shall be under his jurisdiction which he finds (except those granted by the act of Jan­ approximately equal in fair market value, suitable for disposition, or (2) for the uary 25, 1927, 44 Stat. 1026, as amended provided that when such values are not right to remove, in accordance with such (43 U.S.C. 870)), and lands covered by equal the Secretary may accept cash terms and conditions as the Secretary valid unperfected claims, and by Indian from or pay cash to the grantor in such may prescribe, products from the allotments and Indian allotment selec­ an exchange in order to equalize the acquired or public lands within the Na­ tions in such counties. The exchange value of the properties exchanged. tional Wildlife Refuge System. The must serve to consolidate the holdings of values of the properties so exchanged the applicant, who must own land in (c) Fire Island National Seashore. The Act of September 11, 1964 (78 Stat. either shall be approximately equal, or the same township in which the selected if they are not approximately equal the lands are located. 928; 16 U.S.C., secs. 459e-459e-9), au­ thorizes the Secretary of the Interior to values shall be equalized by the payment (c) Apache, Coconino, and Navajoestablish an area to be known as the of cash to the grantor or to the Secre­ Counties, Ariz. Section 2 of the Act of “Fire Island National Seashore” and to tary as the circumstances require. June 14, 1934 (48 Stat. 961), as supple­ acquire by exchange lands within the (b) Section 2(b) of the Act of Octo­ mented by the Act of May 9, 1938 (52 boundaries of the seashore as specified in ber 15, 1966 (80 Stat. 926), authorizes Stat. 300), authorizes the Secretary of the act. When acquiring land by ex­ the Secretary of the Interior to acquire the Interior to exchange (1) any vacant, change the Secretary may accept title by purchase, donation, or otherwise, nonmineral, -surveyed public lands in to any nonfederally owned land located lands or interests therein necessary for Apache, Navajo, and Coconino Counties, within the boundaries of the national the conservation, protection, restoration, Ariz., for any privately owned lands in seashore and may convey to the grantor and propagation of selected species of Apache and Coconino Counties and in any federally owned land under his juris­ native fish that are threatened with that portion of Navajo County north of diction. The properties so exchanged extinction. the townships line between Townships 20 shall be approximately equal in fair (c) Section 1 of the Act of August 22, North and 21 North, Gila and Salt River market value, but the Secretary may 1957 (71 Stat. 412), as amended (16 Meridian, and (2) any available lands accept cash from or pay cash to a grantor U.S.C. 696) authorizes the Secretary of within the reservation described in the in order to equalize the values of the the Interior to acquire, for the National above-mentioned act of. 1934 for any lands exchanged. Key Deer Refuge, lands in designated lands covered by Indian allotments and (d) Lake Mead National Recreational areas in Florida which he finds suitable Indian allotment selections in the three for the conservation and management of mentioned counties. Applicants may se- Area. The Act of October 8, 1964 (78 Stat. 1039, 16 U.S.C., secs. 460n-460n-9) key deer and other wildlife by exchange lect public lands containing springs or for any Federally owned property in other living waters only if the offered authorizes the Secretary of the Interior to revise the boundaries of the Lake Florida which he classifies as suitable for lands contain similar waters. If an ap­ exchange or other disposal. The values plicant reserves oil, gas, and other min­ Mead National Recreation Area and to procure property within the exterior of the property so exchanged shall be ap­ erals in the offered lands, a like reserva- proximately equal, or if they are not ap­ H g P P be made in the selected lands. boundaries of such area in such manner as he shall consider to be in the public proximately equal, the values shall be . a’ Reservations established by stat- interest. In exercising his authority to equalized by the payment of cash to the e. Exchanges and lieu selections in- grantor or to the Secretary as required. mng lands within Indian reservations acquire property by exchange, the Sec­ occur infrequently. Regulations covering retary may accept title to any non- § 2 2 4 4 .4 —6 Miscellaneous State Federal property located within the exchanges. fvvHR “ransactions are, therefore, not boundaries of the recreation area and Because of the infrequency of transac­ w i n ! ', Any such transactions will be convey to the grantor of such property onfvT • , a manner consistent with the tions involving State exchanges under any federally owned property under the the Acts of May 7, 1932 (47 Stat. 150), rom i^ ing *aws an(t with the general jurisdiction of the Secretary. The prop­ of § 2244.1 for exchanges, and section 3 of the Act of June 14, 1934 (48 s 2244.2 for State lieu selections. erties so exchanged shall be approxi­ Stat. 962), Act of December 7, 1942 (56 mately equal in fair market value, pro­ Stat. 1042), and the Act of June 29, 1936 §2244.4-4 National Park System vided that the Secretary may accept cash exchanges. from or pay cash to the grantor in an (49 Stat. 2026), regulations covering nnVof ^ r\era^- Exchanges to eliminate exchange in order to equalize the values these transactions are not codified. Any natiJf i from national parks and of the properties exchanged. such transaction will be handled in a cifìi» Uff Monuments for which no spe- (e) Whiskeytown-Shasta-Trinity Na­ manner consistent with the authorizing provisions are made in this section tional Recreation Area, Calif. The Act of laws and with the regulations in § 2244.1.

No. 23——4 FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2516 RULES AND REGULATIONS

§ 2244.5 Reclamation exchanges. § 2244.5—1 Applicable regulations. (a) Regulations for exchange under the Act of August 13, 1953 (67 Stat. 566; 43 U.S.C. 451-45IK ), are in Part 406 of this title and for exchanges tinder the Act of May 25, 1926 (44 Stat. 648; 43 U.S.C. 423c), are in §§ 403.6-403.11 of this title. (b) Applications for new entry under the provisions of the Act of March 4, 1915 (38 Stat. 1215; 43 U.S.C. 447) , must be on the form provided for homestead applications, must refer to the serial number, and give the description of the former entry and a statement by the applicant showing the facts upon which he claims to come within the provisions of this act. [F.R. Doc. 68-1267; Filed, Feb. 1, 1968; 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2517

Proposed Rule Making

manufacturers and to prohibitions Director. The Director, Alcohol and department o f t h e t r e a s u r y against reuse and refilling of liquor bot­ Tobacco Tax Division, Internal Revenue tles in Part 173; (10) provide a means Service, Washington, D.C. Internal Revenue Service whereby containers other than of glass ***** [26 CFR Parts 173, 175, 194, 200, or metal may be used for certain packag­ Importer. A person authorized to im­ 201, 250, 251 1 ing purposes; and (11) make other con­ port distilled spirits into the United forming and clarifying changes, the reg­ States. ALCOHOL, TOBACCO, AND OTHER ulations in 26 CFR Part 175 are revoked * * * * * EXCISE TAXES and the regulations in 26 CFR Parts 173, 194,200,201,250, and 251 are amended as Liquor bottle. A bottle made of glass or Manufacture, Sale, Use, and Reuse follows : earthenware, or of other suitable ma­ of Liquor Bottles P aragraph A. Title 26 CFR Part 173 is terial approved by the Director, designed amended as follows: or intended for use as a container for Notice is hereby given that the regula­ 1. Section 173.1 is amended to include distilled spirits for sale for beverage tions set forth in tentative form below the manufacture and disposition of purposes. are proposed to be prescribed by the Commissioner of Internal Revenue, with liquor bottles. As amended, § 173.1 reads ***** the approval of the Secretary of the as follows: This chapter. Chapter I, Title 26, Code Treasury or his delegate. Prior to final § 173.1 Returns o f substances, articles, of Federal Regulations. adoption of such regulations, considera­ or containers. United States. The several States and tion will be given to any data, views, or This part relates to the returns and the District of Columbia. arguments pertaining thereto which are records of the disposition of articles from * * * ■ * * submitted in writing, in duplicate, to the which distilled spirits may be recovered, 4. A new Subpart F is added to pro­ Director, Alcohol and Tobacco Tax Di­ of substances of the character used in vide requirements concerning liquor vision, Internal Revenue Service, Wash­ the manufacture of distilled spirits, and bottles as they relate to manufacturers ington, D.C. 20224, within the period of of containers of the character used for and to the prohibited reuse or refilling of 30 days from the date of publication of the packaging of distilled spirits; and such bottles. As added, Subpart F reads this notice in the F ederal R egister. Any to the manufacture and disposition of as follows: written comments or suggestions not liquor bottles. specifically designated as confidential in 2. Section 173.2 is amended by delet­ Subpart F— Manufacture, Sale, and accordance with 26 CFR 601.601(b) may ing words no longer needed by reason of Use of Bottles for Packaging Dis­ be inspected by any person upon written definition of “Director” in § 173.5. As tilled Spirits request. Any person submitting written amended, § 173.2 reads as follows: comments or suggestions who desires an Sec. opportunity to comment orally at a pub­ § 173.2 Forms prescribed. 173.31 Scope of subpart. 173.32 Notice and request by bottle manu­ lic hearing on these proposed regulations The Director is authorized to pre­ facturer. should submit his request, in writing, to scribe all forms required by this part, in­ 173.33 Indicia for domestic liquor bottles. the Director, Alcohol and Tobacco Tax cluding demand letters, reports, and re­ 173.34 Indicia for imported liquor bottles. Division, within the 30-day period. In turns. Information called for shall be 173.35 Bottles manufactured with previ­ such a case, a public hearing will be held furnished in accordance with the in­ ously prescribed indicia. and notice of the time, place, and date structions on the forms or issued in re­ 173.36 Persons authorized to receive liquor will be published in a subsequent issue of bottles. spect thereto. 173.37 Shipment of liquor bottles for the Federal R egister. The proposed reg­ 3. Section 173.5 is amended to include further processing. ulations are to be issued under the au­ definitions of “Bottler” and “CFR,” im­ 173.38 Liquor bottles for testing purposes. thority contained in section 7805 of the mediately following the existing defini­ 173.39 Manufacturer’s records. Internal Revenue Code of 1954 (68A Stat. tion of “Assistant Regional Commis­ 173.40 Discontinuance of business. 917; 26U.S.C. 7805). 173.41 Possession of rosed liquor bottles. sioner;” to include definitions of “Di­ 173.42 Possession of refilled liquor bottles. [seal] S heldon S . C o h e n , rector,” “Importer,” “Liquor bottle,” and 173.43 Refilling of liquor bottles. Commissioner of Internal Revenue. “This chapter,” immediately following A u th o r ity : The provisions of this Subpart In order to (1) relax controls over existing definitions of “Denatured spir­ its,” “Distilled spirits or spirits,” “ Inter­ P issued under sec. 7805 of the Internal Reve­ Manufacturers of liquor bottles, includ­ nue Code, 68A Stat. 917; 26 U.S.C. 7805. In­ ing elimination of the requirement for nal revenue officer,” and “ Substance,” terpret or apply sec. 5301 of the Internal Pemiit to manufacture; (2) simplify re­ respectively; to eliminate the reference Revenue Code, 72 Stat. 1374; 26 U.S.C. 5301. to Part 216 in the definition of “De­ quirements for markings to be placed on § 173.31 Scope o f subpart. hquor bottles; (3) eliminate permits to natured spirits;” and to redefine “United traffic in liquor bottles; (4) eliminate States.” These added and amended defi­ The provisions of this subpart shall specific provisions for the reuse of liquor nitions read as follows: apply only to liquor bottles having a ca­ bottles for packaging distilled spirits; § 173.5 Meaning of terms. pacity of % pint or more except where (5) liberalize provisions as to the dispo­ * * * * * expressly applied to liquor bottles of less than ^-pint capacity. sition of used liquor bottles ; (6) liberal- Bottler. A proprietor of a distilled lze Provisions for the use of liquor bottles spirits plant authorized to bottle spirits, § 173.32 Notice and request by bottle ior display and testing purposes; (7) add a proprietor of a class 8 bonded ware­ manufacturer. provisions which would permit control house qualified under customs laws, or an ver bottles found to be deceptive; (8) Any person intending to engage in the agency of the United States or any State manufacture of domestic liquor bottles Mócate the modified requirements re- or political subdivision thereof. shall file Form 4328 with the assistant pecting the receipt, use, disposition, and CFR. The Code of Federal Regulations. neung of liquor bottles, as they relate to ***** regional commissioner of the region in ..ers and importers, in other regula- which the manufacturing premises are Denatured spirits. Spirits to which dé­ °ns which cover operations in liquor by naturants have been added pursuant to located, giving notice of intent and re­ such persons; (9) relocate the modified formulas prescribed in Part 212 of tills questing assignment of a bottle manufac­ requirements as they relate to bottle chapter. turer’s number: Provided, That where a

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2518 PROPOSED RULE MAKING bottle manufacturer operates manufac­ marked by underglaze coloring, or other­ § 173.38 Liquor bottles for testing pur­ turing premises at more than one loca­ wise permanently marked by any method poses. tion, he may file one notice covering two approved by the Director, on each im­ A bottle manufacturer may, on notice or more such premises and be assigned ported filled liquor bottle (1) the words to the assistant regional commissioner of one bottle manufacturer’s number for “Liquor Bottle” and (2) the city or coun­ the region in which his manufacturing use at such premises. Where manufac­ try of address of the manufacturer of the premises are located, ship a reasonable turing premises covered by a single no­ spirits, or of the exporter abroad, or the number of liquor bottles for bona fide tice are located in more than one region, city of address of the importer in the testing purposes, such as the testing of the Form 4328 shall be filed with the as­ United States: or, in the case of domestic bottling machinery by the manufacturer sistant regional commissioner of the bottles exported and filled abroad, the thereof. The notice shall show the name region in which the principal business indicia required under § 173.33: Provided, and address of the person to whom the office is located. The number of copies That filled distinctive liquor bottles not bottles are shipped, and the number of of Form 4328 to be prepared shall be as bearing such indicia may be imported bottles shipped. Such shipments shall be specified in the instructions on the form. pursuant to an approved Form 4329 filed reflected in the commercial records of If a bottle manufacturer who has been by the importer, as excepted from the the bottle manufacturer. assigned a bottle manufacturer’s number marking requirements of this paragraph. desires to manufacture liquor bottles at The city or country of address of the § 173.39 Manufacturer’s-records. an additional location but under the manufacturer of the spirits or of the A manufacturer shall keep commercial same number, or moves the manufactur­ exporter abroad may be in the language records covering the manufacture and ing premises to a new location, he shall of such country or in English. disposition of liquor bottles (including file an amended notice on Form 4328 to . (c) Additional information perma­ any liquor bottles returned to him ). Such cover such additional or changed loca­ nently marked on liquor bottles. Addi­ records shall be available for inspection, tion. Domestic liquor bottles shall not be tional information, such as the name of during regular business hours of the manufactured until the manufacturer the foreign manufacturer of the spirits manufacturer, by any internal revenue has received from the assistant regional or of the exporter abroad, or the symbol officer. He shall also make available for commissioner a copy of Form 4328, with and permit number of the domestic bot­ inspection, at such times and by any Part n executed by the assistant re­ tler, as applicable, may be permanently such officer, all stocks of liquor bottles on gional commissioner, covering the prem­ marked on liquor battles provided such hand, regardless of where stored. The ises at which liquor bottles are to be information does not conflict with in­ assistant regional commissioner may, by manufactured. formation required to be placed on labels demand letter, require the filing of re­ and is so located as not to obscure indicia turns and the keeping of records as re­ § 173.33 Indicia for domestic liquor quired in Subparts C and D, respectively, bottles. required by this section or interfere with the labeling or stamping of the bottle, of this part. All records referred to in this There shall be legibly blown, etched, when filled, as provided in Parts 201, 250, section shall be retained as provided in sand-blasted, marked by underglaze and 251 of this chapter. § 173.15: Provided, That the assistant coloring, or otherwise permanently regional commissioner may, pursuant to marked by any method approved by the § 173.35 Bottles manufactured with pre­ application, in duplicate, authorize such Director, on each liquor bottle (a) the viously prescribed indicia. - records to be maintained at a location words “Liquor Bottle” and (b) the bottle Notwithstanding the provisions of other than the manufacturing premises manufacturer’s number assigned under §§ 173.33 and 173.34, bottles may con­ of the bottle manufacturer, if he finds § 173.32: Provided, That distinctive tinue to be manufactured from existing that such maintenance will not cause liquor bottles not bearing the indicia re­ molds which contain the indicia pre­ undue inconvenience to internal revenue quired by this section may be manufac­ scribed by regulations in effect on the officers desiring to examine the records. tured on receipt from a bottler or im­ day preceding the effective date of this § 1 7 3 .4 0 Discontinuance of business. porter of a copy of approved Form 4329. subpart: Provided, That only molds bear­ Additional information, such as the bat­ ing the indicia prescribed in § 173.33 or When a bottle manufacturer discon­ tler’s or importer’s permit number, may § 173.34, as applicable, shall be used after tinues the manufacture of liquor bottles also be permanently placed on the liquor December 31,1970. Bottles manufactured at any location covered by a notice on bottles by the manufacturer thereof pro­ on or before December 31, 1970, as pro­ Form 4328, he shall so notify the assist­ vided such information does not conflict vided in this section shall be deemed to ant regional commissioner of the region with information required to be placed be liquor bottles for purposes of this sub­ in which the discontinued manufactur­ on labels and is so located as not to part and Parts 194, 201, 250, and 251 of ing premises are located, in writing, in obscure indicia required by this section or this chapter. duplicate. Stocks of liquor bottles on interfere with the labeling or stamping hand at such premises must be destroyed § 173.36 Persons authorized to receive (including disposition for purposes which of the bottle, when filled, as provided in liquor bottles. Parts 201,250, and 251 of this chapter. will render them unusable as bottles), Except as otherwise provided in this transferred to other manufacturing § 173.34 Indicia for imported liquor subpart, liquor bottles may be sold con­ premises operated by the same ' manu­ bottles. signed, or shipped only to a bottler or, facturer, or disposed of as authorized in (a) Empty liquor bottles. There shall where the bottles will be filled abroad and § 173.36: Provided, That, on approval by be legibly blown, etched, sand-blasted, imported into the United States as pro­ the assistant regional commissioner of a marked by underglaze coloring, or other­ vided in Parts 250 and 251 of this written application submitted in dupli­ wise permanently marked by any other chapter, to an importer: Provided, That cate, liquor bottles may be otherwise dis­ method approved by the Director, on empty liquor bottles may be exported for posed of. other use abroad, but when so exported each imported empty liquor bottle (1) § 173.41 Possession of used liquor the words “Liquor Bottle” and (2) the bottles bearing indicia as provided in city or country of address of the bottle this subpart will be denied entry into the bottles. manufacturer (either in the language of United States if they contain a product The possession of used liquor bottles, such country or in English) : Provided, other than distilled spirits. including liquor bottles of less than hr That empty distinctive liquor bottles not pint capacity, by any person other than § 173.37 Shipment o f liquor bottles for the person who empties the original con­ bearing such indicia may be released further processing. from customs custody, as expected from tents thereof, is prohibited, except tha the marking requirements of this para­ A bottle manufacturer may ship liquor this shall not prevent the owner or oc­ graph, on receipt by the customs officer bottles to another person for additional cupant of any premises on which sue at the port of entry of a copy of approved processing, such as coloring or cutting, where legal title to the bottles remains bottles have been lawfully emptied from Form 4329 covering the use of such assembling the same on such premises bottles. with the bottle manufacturer until de­ (b) Filled liquor bottles. There shall livered to a person authorized to receive for disposition as authorized in § 194. be legibly blown, etched, sand-blasted, liquor bottles under § 173.36. of this chapter, or prevent any person

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2519 from possessing, offering for sale, or tle at the time of stamping under the rial approved by the Director, designed selling unusual or distinctive used liquor provisions of Chapter 51, I.R.C. or intended for use as a container for bottles as collectors’ items, or for other (72 Stat. 1374; 26 U.S.C. 5301) distilled spirits for sale for beverage purposes not involving the packaging purposes. 3. Section 194.263 is amended by de­ of any product for sale. 4c 4c 4e 4c 4c leting the reference to Part 175, elim­ § 173.42 Possession of refilled liquor inating the provision for delivery of used 3. Section 201.328 is amended by delet­ bottles. liquor bottles to bottlers and importers, ing the reference to Part 175 and adding a reference to Subpart Pa, and by add­ No person who sells, or offers for sale, providing other means of disposing of such bottles, and adding a statutory ci­ ing clarifying language. As amended, distilled spirits, or agent or employee of § 201.328 reads as follows: such person, shall (a) possess any liquor tation. As amended, § 194.263 reads as bottle in which any distilled spirits have follows: § 201.328 Liquor bottles. been placed in violation of section 5301 § 194.263 Possession o f used liquor The proprietor shall comply with the (c) of the Internal Revenue Code or bottles. provisions of Subpart Pa of this part § 173.43, or (b) possess any liquor bottle, respecting the use of liquor bottles. any portion of the contents of which has The possession of used liquor bottles by any person other than the person who Spirits may be bottled in bond for do­ been altered or increased in violation of mestic purposes only in the sizes provided section 5301(c) of the Internal Revenue empties the contents thereof is prohib­ ited, except that this shall not (a) pre­ in 27 CFR Part 5. Spirits may be bottled Code or § 173.43. The provisions of this in bond for*export in bottles of any size section are applicable to all liquor bot­ vent the owner or occupant of any prem­ ises on which such bottles have been law­ less than 5 gallons. Bottles bearing the tles, including those of less than x/2 -pint indicia required under Part 173 of this capacity. fully emptied from assembling the same on such premises (1) for destruction, chapter may be used, but need not be § 173.43 Refilling of liquor bottles. - either on the premises on which the bot­ used, in bottling spirits in bond for export. No person who sells, or offers for sale, tles are emptied or elsewhere, including distilled spirits, or any agent or employee disposition for purposes which will result (72 Stat. 1360, 1366, 1374; 26 U.S.C. 5206, of such person, shall (a) place in any in the bottles being rendered unusable 5233, 5301) liquor bottle any distilled spirits whatso­ as bottles; or (2) in the case of unusual 4. Section 201.329 is amended by delet­ ever other than the distilled spirits con­ or distinctive bottles, for disposition as ing current text and inserting in lieu tained in such bottle at the time such collectors’ items or for other purposes thereof reference to label requirements bottle was filled and stamped under the not involving the packaging of any prod­ in Subpart Pa. As amended, § 201.329 provisions of Chapter 51 of the Internal uct for sale; or Ob) prevent any person reads as follows: Revenue Code, or (b) by the addition of from possessing, offering for sale, or sell­ any substance whatsoever to any liquor ing such unusual or distinctive bottles § 201.329 Label requirements. bottle, in any manner alter or increase for purposes not involving the packaging The proprietor shall comply with the the original contents or any portion of of any product for sale. applicable provisions of Subpart Pa of the original contents contained in such Par. D. Title 26 CFR Part 200 is this part respecting certificates of label bottle at the time such bottle was filled amended as follows: approval, exemptions from label ap­ and stamped under the provisions of 1. Section 200.17 is amended by de­ proval, and information to be shown on Chapter 51 of the Internal Revenue Code. leting paragraph (b) and redesignating labels to be used on bottles of distilled The provisions of this section are appli­ paragraphs (c) through (f) as para­ spirits bottled in bond for domestic use. cable to all liquor bottles, including those graphs (b) through (e), respectively. 5. Paragraph (a) of § 201.343 is of less than %-pint capacity. amended to refer to Subpart Pa in lieu of § 200.47 [Revoked] Par. B. Part 175 of Chapter I of Title Part 175. As amended, § 201.343(a) reads 26 of the Code of Federal Regulations is 2. Section 200.47 is revoked. as follows: revoked. 3r. Section 200.49 is amended by delet­ § 201.343 General. Par. C. Title 26 CFR Part 194 is ing references to container permits. As amended as follows: amended, § 200.49 reads as follows: (a) Bottled alcohol. Alcohol of 190 de­ grees or more of proof may be bottled 1. Section 194.11 is amended by re­ § 200.49 Applications for basic permits. defining “Liquor bottle.” The amended and cased in the bonded warehouse un­ definition reads as follows: If, upon examination of any applica­ der the direct supervision of the assigned tion (including a renewal application) officer. Alcohol may be bottled in con­ §194.11 Meaning of terms. for a basic permit, the assistant regional tainers of 1 gallon or less, or in bottles commissioner has reason to believe that complying with the provisions of Liquor bottle. A bottle made of glass the applicant is not entitled to such per­ § 201.504; however, the proprietor is re­ or earthenware, or of other suitable ma­ mit he shall issue a citation for the con­ quired to comply with the provisions of terial approved by the Director, designed templated disapproval of the application. Subpart Pa of this part where applicable. or intended for use as a container for P ar. E. Title 26 CFR Part 201 is The proprietor shall prepare Form 1515 distilled spirits for sale for beverage amended to read as follows: for alcohol to be bottled in the bonded purposes. 1. Section 201.4 is amended by deleting warehouse. The heading of Form 1515 * * * * * the reference to 26 CFR Part 175 and by shall be prominently marked with the 2. Section 194.261 is amended by de­inserting, in lieu thereof a reference to word “Alcohol,” and the form shall be leting the reference to Part 175, and to 26 CFR Part 173. The added reference further modified to show only the size P!ake clarifying changes. As amended, reads as follows: 5 194.261 reads as follows: of bottles, the number of cases filled, and § 201.4 Related regulations. the disposition of such cases; on com­ § 194.261 Refilling o f liquor bottles. * * 4c * 4c pletion of the bottling of the lot, Form 26 CFR Part 170 * * * No person who sells, or offers for sale, 1515 shall be noted to show the quantity distilled spirits, or agent or employee of 26 CFR Part 173— Returns of Substances, Articles, or Containers. withdrawn from the tank and shall be such person, shall (a) place in any liq­ uor bottle any distilled spirits whatso- 4: 4c 4c 4c 4c delivered to the assigned officer. Form m & m ^ an those contained in such 2. Section 201.11 is amended by rede­ 1620 shall be prepared by the proprietor Dottle at the time of stamping under the fining “Liquor bottle.” The amended for each lot of alcohol bottled. ^visions of Chapter 51, I.R.C., or (b) definition reads as follows: * * * 4: 4< y the addition of any substance what­ § 201.11 Meaning of terms. 6. Section 201.344 is amended by de­ soever to any liquor bottle, in any man- 4c 4c 4e 4: 4= leting the reference to Part 175 and by ner &tter or increase any portion of the Liquor bottle. A bottle made of glass or adding a reference to Subpart Pa. As original contents contained in such bot­ earthenware, or of other suitable mate­ amended, § 201.344 reads as follows:

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2520 PROPOSED RULE MAKING

§ 201.344 Stamps and labels. approval, or of exemption from label sions of Subpart N of this part govern The proprietor shall affix to each bot­ approval, on request of an internal rev­ the bottling of spirits and wines on bot­ tle of alcohol filled by him an alcohol enue officer. Labels, covered by a cer­ tling premises. Denatured spirits may be strip stamp which shall be procured and tificate of exemption from label approval, filled on bonded premises into metal or affixed as provided iri Subpart Q of this to be affixed to bottles and packages in glass containers of a capacity of 1 gal­ part. All bottles of alcohol shall have which wines are packaged for sale shall lon or less. Liquor bottles shall not be securely affixed thereto a label showing conform to the provisions of Part 240 used for bottling denatured spirits. Spir­ (a) alcohol and (b) the name, address, of this chapter. its in bottles of a capacity of 1 gallon or and plant number of the bottler. In ad­ (b) Distilled spirits. Requirements for less, except anhydrous spirits and spirits dition, bottled alcohol to be withdrawn label approvals or exemptions from label to be withdrawn from bond free of tax, on tax determination shall be labeled in approval for labels to be used on bottles are deemed to be for nonindustrial use! of distilled spirits bottled for domestic accordance with the provisions of Sub- (72 Stat. 1315, 1360, 1374; 26 U.S.C. 5002 part Pa of this part or 27 CFR Part 5, use are contained in § 201.5401. 5206, 5301) as applicable. The proprietor may place (72 Stat. 1381, 1386; 26 U.S.C. 5363, 5368, 5386) 12. Section 201.504 is amended by de­ on the label any additional information leting the reference to Part 175. As that he may desire if it is not inconsist­ 10. Section 201.501 is amended to pro­ amended, § 201.504 reads as follows: ent with the required information. vide for the approval and use of con­ § 201.504 Containers holding from 1 (72 Stat. 1358, 1369; 26 U.S.O. 5205, 5235) tainers made of materials other than those specified, for certain purposes, and gallon to 10 gallons. 7. Section 201.349 is amended by de­ to make other clarifying and conforming Spirits in bond, including denatured leting the reference to § 201.329 and by changes. As amended, § 201.501 reads spirits, for industrial use, may be filled inserting a reference to Subpart Pa. As as follows: into glass containers of a capacity greater amended, § 201.349 reads as follows; § 201.501 General. than 1 gallon but not greater than 10 § 201.349 Stamp, bottle, and label re­ gallons, and metal containers of a capac­ quirements. Proprietors shall use for any purpose ity of 1 gallon but not greater than 10 of containing, storing, transferring, con­ gallons. Spirits in bond, for nonindustrial The strip stamps on bottles of spirits veying, removing, or withdrawing spirits to be rebottled shall be destroyed at the use, may be filled into metal containers or denatured spirits under this part only holding 10 gallons and, if for export, such time of dumping the bottles, and new containers which are authorized by, or spirits may be filled into metal contain­ strip stamps, overprinted with exactly under the provisions of this part for such the same data as the original stamps, in ers holding 5 gallons. Spirits or wines on purpose, and a container so authorized bottling premises may be filled into glass regard to the name of the producer, and will be deemed to be an approved con­ the seasons and years of production and containers of a capacity greater than 1 tainer for such purpose. In addition to gallon but not greater than 5 gallons and bottling, shall be affixed to the bottles in the types of containers specifically au­ which the spirits are rebottled. Liquor into metal containers of a capacity thorized by this part for a particular greater than 1 gallon but not greater bottles used for rebottling shall comply purpose, a container of another type may with the provisions of § 201.328. Where than 10 gallons. Pursuant to the provi­ be authorized for that purpose by the sions of this part, and of 27 CFR Part 5, spirits are relabeled, the proprietor shall Director on a finding by him that the comply with § 201.330, and Subpart Pa containers filled in bond under this sec­ use of such container will afford pro­ tion may be stored on bonded premises, of this part. Bottled-in-bond spirits tection to the revenue equal to or greater which have been rebottled, relabeled, or transferred in bond, or withdrawn from than that afforded by the containers bonded premises, and containers filled on restamped shall be returned to original specifically authorized by this part, and cases, or placed in new cases. Such cases bottling premises under this section may that the use will not cause administrative be received in, stored on, and removed shall be marked in accordance with Sub­ difficulty. Where another container is so part P of this part; rebottled spirits shall authorized by the Director, he shall pre­ from such premises. show the plant number of the rebottler. scribe the detail and manner in which (72 Stat. 1315, 1360; 26 U.S.C. 5002, 5206) 8. Section 201.457 is amended by de­ such container shall be constructed, pro­ 13. A new Subpart Pa is added to pro­ leting the reference to Part 175 and by tected, marked, and branded, consistent vide requirements concerning liquor bot­ inserting a reference to Subpart Pa. As with the provisions of this part and the amended, § 201.457 reads as follows: extent of such use. Similarly, where a tles as those requirements relate to do­ § 201.457 Liquor bottles. container authorized for a particular mestic bottlers of distilled spirits, includ­ ing bottling in bond. As added, Subpart Liquor bottles may not be used for purpose is required by this subpart to be wines containing 24 percent alcohol by made of specified materials, the Director Pa reads as follows: may authorize the use of containers volume or less or for products manu­ Subpart Pa— Liquor Bottle and Label factured with such wines unless such made of other materials which he has found to be suitable for the intended Requirements products contain spirits other than wine Sec. spirits used in wine production. Liquor purpose. This subpart does not regulate or prohibit the use on plant premises of 201.540a Scope of subpart. bottles may be used, but need not be used, any container for purposes other than L iquor B ottle R equirements in bottling spirits for export. (See Sub­ containing, alcoholic substances. part Pa of this part for provisions re­ 201.540b Bottles authorized. specting liquor bottles.) (72 Stat. 1315, 1360, 1362, 1374; 26 U.S.C. 5002, 201.540c Indicia for battles. 5206, 5212, 5213, 5214, 5301) 201.540d Distinctive liquor battles. (72 Stat. 1374; 26 U.S.C. 5301) 11. Section 201.502 is amended by in­ 201.540e Approval of distinctive H

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2521

representation acceptable to the Direc­ shall either be disposed of to another 20L540Q Statement» required on labels tor, and nine photographs thereof, size person authorized to receive liquor bot­ under an exemption from label 5” x 7", shall be submitted to the Di­ tles, or destroyed (including disposition approval. rector. The application shall include a for purposes which will render them 201.5400 Brand name, class, and type, and alcohol content. statement of the cost to the applicant unusable as bottles): Provided, That, on 201.540p Net contents. of each such bottle, and shall specify approval by the assistant regional com­ 201.540q Name and address of battler. whether the bottles are to be used for missioner of the region in which the 20li>40r Age of whisky not blended or rec­ packaging liqueurs, cordials, bitters, proprietor’s premises are located of a tified. cocktails, and other specialties, or for written application submitted in dupli­ 201.540s Age of whisky blended ar rec- packaging other distilled spirits. Ap­ cate, liquor bottles may be otherwise ; titled. proval of the distinctive bottle must be disposed of. 201.54Ot Age of brandy. obtained prior to the submission of an 201.540U Coloring matter. § 201.540k Use and resale of liquor application on Form 4329 to the assistant bottles. Authority: The provisions of this Subpart regional commissioner. Pa Issued under sec. 7805 of the Internal No proprietor shall use any liquor bot­ Revenue Code, 68A Stat. 917; 26 U.S.C. 7805. § 2 0 1.54 0f Receipt and storage o f liquor tle except for packaging distilled spirits, Interpret or apply sec. 5301 of the Internal bottles. or resell any empty liquor bottle except Revenue Code, 72 Stat. 1374; 26 U.S.C. 5301. Other statutory provisions interpreted or No proprietor.shall accept shipment or to another person authorized to receive applied are cited to text in parentheses. delivery of liquor bottles except from the liquor bottles. Bottles may be furnished manufacturer thereof, a supplier abroad, to others for display and testing purposes § 201.540a Scope o f subpart. or another proprietor. Liquor bottles, in­ as provided in §§ 201.540g and 201.540h, The provisions of §§ 201.540b through cluding those of less than Vk-pint ca­ respectively., pacity, shall be stored in a safe and 201.540k of this subpart shall apply only B ottle L abel R equirements to liquor bottles having a capacity of secure place, either on the proprietor’s i/2 pint or more except where expressly qualified premises or at another location. § 201.5401 Certificate o f label approval or exemption. applied to liquor bottles of less than J/2 - § 201.540g Bottles to be used for dis­ pint capacity. The provisions of §§201.- play purposes. Proprietors are required by 27 CFR 5401 through 201.540U shall apply to all Part 5 to obtain approval of labels, or liquor bottles, regardless of size. Liquor bottles may be furnished to liquor dealers for display purposes: Pro­ exemption from label approval, for any label to be used on bottles of spirits for Liquor B ottle R equirements vided, That each bottle is marked to domestic use and shall exhibit evidence § 201.540b Bottles authorized. show that it is to be used for such pur­ pose. Any paper strip used to seal the of label approval, or of exemption from Liquor bottles shall conform to the ap­ label approval, on request of the assigned bottle shall be of solid color and without officer. plicable standards of fill provided in Sub­ design or printing, except that the use part H of 27 CFR Part 5, including those of a border or a design, formed entirely § 201.540m Caution notice, spirits bot­ for liquor bottles of less than ^ -p in t of the legend “not genuine—for display tled in bond. capacity. The use of any bottle size other purposes only” is permissible. The dis­ Each bottle of spirits bottled in bond than as authorized in Subpart H of 27 position of such bottles, showing names CPR Part 5 is prohibited for the pack­ under section 5233, I.R.C. (except for and addresses of consignees, dates of export) shall have affixed thereto a cau­ aging of distilled spirits for domestic shipment, and size, quantity, and de­ purposes, except that 4-ounce liquor bot­ tion notice (clearly legible) reading as scription of bottles, shall be included in follows: tles may be used for packaging any dis­ the records required under § 201.630a. tilled spirits on bottling premises for sale This bottle has been filled and stamped in intrastate commerce only. Bottles § 201.540h Bottles for testing purposes. under the provisions of sections 5205 and bearing the indicia required under Part A proprietor may, on notice to the 5233, Internal Revenue Code. Any person who 173 of this chapter may be used, but need shall reuse the stamp affixed to this bottle assistant regional commissioner of the or remove the contents of this bottle with­ not be used, in bottling spirits for ex­ region in which his premises are located, out so breaking the stamp affixed thereto as port. ship a reasonable number of liquor to prevent reuse, or who shall sell this bottle, § 201.540c Indicia for bottles. bottles for bona fide testing purposes, or reuse it for distilled spirits, will be liable such as the testing of bottling machin­ to the penalties prescribed by law. Except as provided in § 201.540d, liquor ery by the manufacturer thereof. The Bottles containing spirits bottled for ex­ bottles used for packaging spirits for notice shall show the name and address domestic use shall bear the indicia pre- port may have affixed thereto such cau­ of the person to whom the bottles are tion notice. scnbed in § 173.33 or 173.34 of this chap- shipped, and the number of bottles ter. Additional information may, as pro­ shipped. Such shipments shall be re­ (72 Stat. 1366; 26 U.S.C. 5233) vided in Part 173 of this chapter, be per­ flected in the records required under § 201.540n Statements required on la­ manently marked on such liquor bottles. § 201.630a. bels under an exemption from label § 201.540d Distinctive liquor bottles. . § 201.540! Bottles not constituting ap­ approval. On application, on Form 4329, the proved containers. All labels to be used on bottles of spirits assistant regional commissioner of the The Director is authorized to dis­ for domestic use under an exemption -in wtoch the plant is situated may approve any bottle, including a bottle from label approval shall contain the utnonze a proprietor to use imported of less than V2-pint capacity, for use as applicable information required in th a,0I5?stic liquor bottles not bearing a liquor bottle which he determines to §§ 201.540O through 201.540U. Where a “ Kucia required under Part 173 of be deceptive. Any such bottle, whether or statement of age is required, it shall have gj, _cnnpter, provided such bottles, be- not it bears the indicia required under the meaning given, and be stated in the nr~r . their unique or distinctive shape Part 173 of this chapter, is not an ap­ manner provided, in 27 CFR Part 5. aesign, have been found by the Di- proved container for the purposes of afford a jeopardy to the § 201.501 of this part, and shall not be § 201.540o Brand name, class, and type, tenrwi6’ an<* to b>e suitable for the in- used for packaging distilled spirits for and alcohol content. randed purpose. domestic purposes. The brand name, class, and type, and § 201.540e Approval o f distinctive liq­ § 201.540j Disposition o f stocks of liq­ alcohol content of the distilled spirits, by uor bottles. uor bottles. proof, shall be shown on the label, except catpP^!iCaJi0n’ in totter form, in dupli- When a proprietor discontinues busi­ that the alcohol content may be stated HaunT-h^i approvai of any distinctive ness, or permanently discontinues the in percentage, by volume, in the case of bottle aott'to. accompanied by a specimen use of a particular size or type of liquor liqueurs, cordials, bitters, cocktails, gin an authentic model or other bottle, the stocks of such bottles on hand fizzes, or other such specialties.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2522 PROPOSED RULE MAKING

§ 201.540p Net contents. statement shall not be required in the 4. A new Subpart P is added to provide The net contents of liquor bottles shall case of blended foreign or domestic requirements concerning liquor bottles be shown on the label, unless the state­ whiskies containing no neutral spirits, all brought into the United States from ment of the net contents is permanently of which are 4 years or more old. Puerto Rico and the Virgin Islands. As marked on the side of the bottle. § 201.540t Age of brandy. added, Subpart P reads as follows: § 201.540q Name and address of bottler. If brandy is aged for a period of less Subpart P— Requirements for Liquor Bottles There shall be stated on the label the than 2 years, the age thereof shall be phrase “Bottled by,” immediately fol­ shown on the label. Sec. lowed by the name of the bottler or the 250.311 Scope of subpart. § 201.540u Coloring matter. 250.312 Standards of fill. trade name under which the spirits are 250.313 Indicia for bottles. bottled, and the place where such spirits A statement of the percentage, by volume, of coloring matter, if such 250.314 Distinctive liquor bottles. are bottled. If the bottler is the actual coloring matter is present in the distilled 250.315 Approval of distinctive liquor bot­ bona fide operator of more than one tle s. spirits in excess of 2 ^ percent by volume, bottling plant engaged in bottling the 250.316 Bottles not constituting approved shall be shown on the label, except that same brand of distilled spirits, there may containers. be stated immediately following the this requirement shall not apply to 250.317 Bottles to be used for display pur­ liqueurs, cordials, bitters, cocktails, gin poses. name (or trade name) of such bottler 250.318 Liquor bottles denied entry. the addresses of the plants at which fizzes, or other such specialties. such product is bottled: Provided, That 14. A new section, § 201.630a, is added, A u th o r ity : The provisions of this Subpart . on labels of whisky and straight whisky immediately following § 201.630, to pro­ P issued under sec. 7805 of the Internal there shall be stated the State of distilla­ vide recordkeeping requirements respect­ Revenue Code, 68A Stat. 917; 26 U.S.C. 7805. ing liquor bottles, as follows: Interpret or apply sec. 5301 of the Internal tion of such whisky, if such whisky is not Revenue Code, 72 Stat. 1374; 26 U.S.C. 5301. distilled in the State given in the ad­ § 201.630a Records of liquor bottles. dress on the brand label: Provided § 250.311 Scope of subpart. further, Proprietors having facilities for bottling in bond or bottling premises The provisions of this subpart shall (a) That, where distilled spirits are shall keep records covering the receipt, apply only to liquor. bottles having a bottled by or for the distiller thereof, use, and disposition of liquor bottles in capacity of Pint or more except where there may be stated, in lieu of the phrase such manner as to enable any internal expressly applied to liquor bottles of “Bottled by,” following by the bottler’s revenue officer to verify and trace the less than ^ -p in t capacity. name (or trade name) and address, the receipt and disposition of such bottles. § 250.312 Standards o f fill. phrase “Distilled by,” followed by the name (or trade name) under which the (72 Stat. 1374; 26 U.S.C. 5301) Distilled spirits brought into the United States from Puerto Rico or the Virgin particular spirits were distilled, and the Par. F. Title 26 CFR Part 250 is address (or addresses) of the distiller; amended as follows: Islands in containers of 1 gallon or less (b) That, where distilled spirits are 1. Section 250.11 is amended to include for sale shall be in liquor bottles, includ­ ing liquor bottles of less than ^-pint bottled by or for the rectifier thereof, a definition of “Liquor bottle,” immedi­ there may be stated, in lieu of the phrase ately following the existing definition of capacity, which conform to the applica­ ble standards of fill provided in Subpart “Bottled by,” followed.by the bottler’s “I.R.C.” The added definition reads as H of 27 CFR Part 5. Empty liquor bottles, name (or trade name) and address, the follows: phrase “Blended by,” “Made by,” “Pre­ including liquor bottles of less than lhm pared by,” “Manufactured by,” or “Pro­ § 250.11 Meaning of terms. pint capacity, which conform to th? pro­ duced by” (whichever may be appropri­ ***** visions of Subpart H of 27 CFR Part 5 ate to the act of rectification involved), Liquor bottle. A bottle made of glass or § 201.540b of this chapter, may be followed by the name (or trade name) or earthenware, or of other suitable ma­ brought into the United States for pack­ under which the distilled spirits were terial approved by the Director, Alcohol aging distilled spirits as provided in Part rectified, and the address (or addresses) and Tobacco Tax Division, designed or 201 of this chapter. of the rectifier; and intended for use as a container for dis­ § 2 5 0 .3 1 3 Indicia for bottles. (c) That, on labels of distilled spirits tilled spirits for sale for beverage Except as provided in § 250.314, only bottled for a retailer or other person purposes. liquor bottles bearing the indicia pre- who is not the actual distiller or rectifier * * * * * scribed by § 173.34 of this chapter may of such distilled spirits, there may also 2. Section 250.38 is amended by delet­ be used for bringing distilled spirits into be stated the name and address of such ing the reference to Part 175 and by add­ the United States from Puerto Rico or retailer or other person, immediately ing a reference to Subpart P. As the Virgin Islands. Additional informa* preceded by the words “Bottled for,” or amended, § 250.38 reads as follows: tion may, as provided in Part 173 of this “Distributed by,” or other similar state­ chapter, be permanently marked on suen § 250.38 Containers o f distilled spirits. ment. bottles. Containers of distilled spirits brought For the purpose of this section, the term § 250.314 Distinctive liquor bottles. “bottler” shall include the proprietor into the United States from Puerto Rico, of a distilled spirits plant qualified to having a capacity of not more than 1 On application, Form 4329, the assist­ ant regional commissioner may authorize bottle distilled spirits in bond. gallon, shall conform to the requirements distilled spirits to be brought into tn § 201.540r Age o f whisky not blendèd of Subpart P of this part. United States from Puerto Ric0/* “T or rectified. (72 Stat. 1374; 26 U.S.C. 5301) Virgin Islands in liquor bottles not oea - If whisky is not blended or rectified, 3. Section 250.203 is amended by de­ ing the indicia required under Part the age thereof shall be shown on the of this chapter, provided such bottier, leting the reference to Part 175 and by label, but this statement shall not be because of their unique or distmctiv required as to whisky bottled in bond or inserting a reference to Subpart P. As shape or design, have been foun<* foreign or domestic whisky 4 years or amended, § 250.203 reads as follows: the Director, Alcohol and Tobacco more old. § 250.203 Containers o f 1 gallon or less. Division, not to afford a jeopardy to ® § 201.540s Age of whisky blended or Containers of distilled spirits brought revenue and to be suitable for the m rectified. into the United States from the Virgin tended purpose. If whisky is blended or rectified, the Islands, having a capacity of not more § 250.315 Approval of distinctive hquor age of the whisky therein and the respec­ than 1 gallon, shall conform to the re­ bottles. tive percentage, by volume, of whisky or whiskies and neutral spirits shall be quirements of Subpart P of this part. Application, in letter fo rm , in dnp shown on the label: Provided, That this (72 Stat. 1374; 26 U.S.C. 5301) cate, for the approval of any dist

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2523 liquor bottle, accompanied by a specimen rial approved by the Director, designed or to § 251.49 are exempt from the labeling bottle or an authentic model or other intended for use as a container for dis­ requirements Of 27 CFR Parts 4 and 7, representation acceptable to the Director tilled spirits for sale for beverage respectively. Exceptions from the re­ and nine photographs thereof, size purposes. quirement that imported distilled spirits, 5" x 7", shall be submitted to the Direc­ * * * * * wines, and beer be marked to indicate tor, Alcohol and Tobacco Tax Division. 2. Section 251.56 is amended by delet­ the country or origin are set forth in The application shall include a statement ing references to Part 175 and by adding customs regulations (19 CFR Part 11). of the cost to the applicant of each such references to Subpart N, and by making (72 Stat. 1358, 1374; 26 TJ.S.C. 5205, 5301) bottle, and shall specify whether the bot­ a clarifying change. As amended, § 251.56 5. Section 251.121 is amended by tles are to be used for packaging liqueurs, reads as follows: cordials, bitters, cocktails, and other deleting the reference to Part 175 and specialties, or for packaging other dis­ § 251.56 Distilled spirits containers of inserting a reference to Subpart N, and tilled spirits; Approval of the distinctive a capacity o f not more than 1 gallon. by changing the citation. As amended, bottle must be obtained prior to the sub­ Bottled distilled spirits imported into § 251.121 reads as follows: mission of an application on Form 4329 the United States for sale shall be bot­ § 251.121 Containers. to the assistant regional commissioner. tled in liquor bottles which conform to Imported distilled spirits may be bot­ § 250.316 Bottles not constituting ap­ the requirements of Subpart N of this tled in either domestic or imported con­ proved containers. part and 27 CFR Part 5, and shall be tainers conforming to the provisions of stamped in accordance with this part. Subpart N of this part. The Director, Alcohol and Tobacco Tax Empty bottles imported for the packag­ Division, is authorized to disapprove any ing of distilled spirits shall conform to (72 Stat. 1374; 26 TJ.S.C. 5301) bottle, including a bottle of less than the requirements of Subpart N of this 6. A new Subpart N is added to pro­ y2-pint capacity, for use as a liquor bottle part. (For Customs requirements as to vide requirements concerning liquor bot­ which he determines to be deceptive. The marking, see 19 CFR Parts 11 and 12.) tles imported into the United States. As customs officer at the port of entry shall 3. Section 251.58 is amended by delet­ added, Subpart N reads as follows: deny entry of any such bottle containing ing the reference to Part 175 and by in­ distilled spirits, whether or not it bears serting a reference to Part 201; and by Subpart N— Requirements for Liquor the indicia required under Part 173 of making editorial changes. As amended, Bottles this chapter, upon advice from the Direc­ § 251.58 reads as follows: Sec. tor that such bottle is not an approved 251.201 Scope of subpart. container for distilled spirits for con­ § 251.58 Containers o f 1 gallon or less. 251.202 Standards of fill. sumption in the United States. 251.203 Indicia for bottles. Labels on imported containers of dis­ 251.204 Distinctive liquor bottles. § 250.317 Bottles to be used for display tilled spirits, and on containers of im­ 251.205 Approval of distinctive liquor bot­ purposes. ported distilled spirits bottled in customs tles. custody, for sale at retail, are required to Empty liquor bottles may be brought 251.206 Bottles not constituting approved be covered by a certificate of label ap­ containers. into the United States and may be fur­ proval (Form 1649) issued pursuant to 251.207 Bottles to be used for display pur­ nished to liquor dealers for display pur­ 27 CFR Part 5. Containers of imported poses. poses, provided each bottle is marked to distilled spirits bottled after taxpayment 251.208 Liquor bottles denied entry. show that it is to be used for such and withdrawal from customs custody A u th o r ity : The provisions of this Subpart purpose. Any paper strip used to seal the are required to be covered by a certifi­ N issued under sec. 7805 of the Internal Reve­ bottle shall be of solid color and without cate of label approval (Form 1649) or a nue Code, 68A Stat. 917; 26 TJ.S.C. 7805. In­ design or printing, except that a border certificate of exemption from label ap­ terpret or apply sec. 5301 of the Internal or a design, f ormed entirely of the legend proval (Form 1650) issued pursuant to Revenue Code, 72 Stat. 1374; 26 TJ.S.C. 5301. “not genuine—for display purposes only” 27 CFR Part 5. When distilled spirits are § 251.201 Scope o f subpart. is permissible. Records shall be kept of to be labeled under a certificate of ex­ The provisions of this subpart shall the receipt and disposition of such bot­ emption from label approval, the labels tles, showing the names and addresses of apply only to liquor bottles having a ca­ affixed to containers are required to con­ pacity of V2 pint or more except where consignees, dates of shipment, and size, form to the provisions of Part 201 of this quantity, and description of bottles. expressly applied to liquor bottles of less chapter. - than %-pint capacity. § 250.318 Liquor bottles denied entry. 4. Section 251.74 is amended by delet­ § 251.202 Standards o f fill. Pilled liquor bottles not conforming to ing the reference to Part 175, inserting a the provisions of this subpart shall be reference to Subpart N, making editorial Distilled spirits imported into the denied entry into the United States: changes, and correcting the citation. As United States in containers of 1 gallon avoided, That, upon letterhead applica­ amended, § 251.74 reads as follows: or less for sale shall be imported, only in tion, in triplicate, the assistant regional § 251.74 Exemption from stamping, liquor bottles, including liquor bottles of commissioner of the region in which the marking, bottling, and labeling re­ less than %-pint capacity, which con­ Port of entry is situated may, in nonre- quirements. form to the applicable standards of fill cumng cases, authorize the release from provided in Subpart H of 27 CFR Part 5. The provisions of this part relating to Empty liquor bottles, including liquor customs custody of distilled spirits in the affixing of red strip stamps, the in­ bottles of less than % -pin t capacity, "Ctues, except those coming under the dicia requirements for containers pre­ Provisions of § 250.316, which, through which conform to the provisions of Sub- scribed by Subpart N of this part, and part H of 27 CFR Part 5 or § 201.540b of unintentional error, do not conform to the labeling of containers as prescribed ^Provisions of this subpart, if he finds this chapter, may be imported for pack­ by 27 CFR Part 5 are not applicable to aging distilled spirits in the United natsuch release will not afford jeopardy imported distilled spirits (a) not for sale States as provided in Part 201 of this to the revenue. or for any other commercial purpose G. Title 26 CFR Part 251 is whatever; (b) on which no internal chapter. amended as follows: revenue tax is required to be paid or de­ § 251.203 Indicia for bottles. pinrt ®ec^on 251.11 is amended to in- termined on or before withdrawal from Except as provided in § 251.204, only mJr f f^Hi-tion of “Liquor bottle,” im- customs custody; (c) for use as ship atf y -following the existing defini- stores; or (d) for personal use. Samples liquor bottles bearing the indicia pre­ . of “LR.C.” The added definition of distilled spirits, other than those pro­ scribed by § 173.34 of this chapter may reads as follows: vided for in § 251.49, imported for any be used for the importation of distilled § 251.11 Meaning of terms. purpose are not exempt from the stamp­ spirits for sale. Additional information * ' * * * * ing, marking, bottling, and labeling re­ may, as provided in Part 173 of this liquor bottle. A bottle made of glass or quirements. Samples of wine and beer chapter, be permanently marked on the earthenware, or of other suitable mate­ brought into the United States pursuant bottles.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, T968 No. 23----- 6, 2524 PROPOSED RULE MAKING

§ 251.204 Distinctive liquor bottles. through unintentional error, do not con­ representative period (Apr. 1, 1966, On application, Form 4329, the assist­ form to the provisions of this subpart, if through Mar. 31,1967), were engaged, in ant regional commissioner may authorize he finds that such release will not afford the production area, in the production of the importation of distilled spirits in a jeopardy to the revenue. limes for market. liquor bottles not bearing the indicia [F.R. Doc. 68-1298; Filed, Feb. 1, 1968; It is hereby determined (a) that han­ required under Part 173 of this chapter, 8:50 a.m.] dlers (excluding cooperative associations provided such bottles, because of their specified in section 8c(9) of the act) of unique or distinctive shape or design, more than 50 percent of the volume of have been found by the Director not to avocados covered by Order No. 915, as afford a jeopardy to the revenue and to DEPARTMENT OF AGRICULTURE amended, refused or failed to sign the proposed amended marketing agreement, be suitable for the intended purpose. Consumer and Marketing Service and (b) on the basis of the results of § 251.205 Approval of distinctive liquor the referendum conducted December 15- bottles. I 7 CFR Parts 911, 915 1 23, 1967, pursuant to the aforementioned Application, in letter form, in dupli­ [Docket Nos. AO-267-A8, AO-254-A4] referendum order, among the producers cate, for the approval of any distinctive LIMES GROWN IN FLORIDA AND of avocados grown in the production area liquor bottle, accompanied by a speci­ AVOCADOS GROWN IN SOUTH (as defined in 7 CFR Part 915), that is­ men bottle or an authentic model or FLORIDA suance of the proposed amendment of other representation acceptable to the Order No. 915, as amended, regulating Director and nine photographs thereof, Determinations on Basis of Results the handling of avocados grown in south size 5" x 7", shall be submitted to the of Referendum on Proposed Florida, is approved or favored by only Director. The application shall include Amendment and as to Handler 38 percent of the producers who partici­ a statement of the cost to the importer pated in such referendum and who, dur­ of - each such bottle, and shall specify Sign-up ing the determined representative period whether the bottles are to be used for Pursuant to the Agricultural Market­ (Apr. 1, 1966, through Mar. 31, 1967), packaging liqueurs, cordials, bitters, ing Agreement Act of 1937, as amended were engaged, in the production area, in cocktails, and other specialties, or for (secs. 1-19, 48 Stat. 31, as amended; 7 the production of avocados for market. packaging other distilled spirits. Ap­ U.S.C. 601-674), hereinafter referred to It is hereby further determined that proval of the distinctive bottle must be as the “ act,” and the applicable rules of the proposed amendments of the order, obtained prior to the submission of an practice and procedure governing pro­ as set forth in the Deputy Assistant Sec­ application on Form 4329 to the assist­ ceedings to formulate marketing agree­ retary’s decision of December 5, 1967 (32 ant regional commissioner. ments and marketing orders (7 CFR Part F.R. 17431), will not be made effective, § 251.206 Bottles not constituting ap­ 900), a public hearing was held at Home­ and that each of the orders currently proved containers. stead, Florida, June 20,1967, pursuant to effective (7 CFR Parts 911 and 915) tends a notice thereof which was published in to effectuate the declared policy of the The Director is authorized to disap­ the F ederal R egister (32 F.R. 7715, 7858) prove any bottle, including a bottle of act and continues in effect. less than pint capacity, for use as a upon proposed further amendments to Dated: January 30,1968. the marketing agreements and Order liquor bottle which he determines to be Nos. 911 and 915, as amended (7 CFR G eorge L. M ehren, deceptive. The customs officer at the port Assistant Secretary. of entry shall deny entry of any such Parts 911 and 915), regulating the han­ dling of limes grown in Florida and avo­ bottle containing distilled spirits, [F.R. Doc. 68-1315; Filed, Feb. 1, 1968; whether or not it bears the indicia re­ cados grown in south Florida, respec­ 8:49 am .] quired under Part 173 of this chapter, tively (hereinafter at times collectively referred to as “orders”). The recom­ upon advice from the Director that such [ 7 CFR Part 953 1 bottle is not an approved container for mended decision (32 F.R. 14560), and de­ distilled spirits for consumption in the cision and referendum order (32 F.R. [Docket No. AO-189-A1] United States. 17431) of the Deputy Assistant Secretary of Agriculture setting forth the proposed IRISH POTATOES GROWN IN § 25 1.20 7 Bottles to be used for display amendments of the orders, were pub­ SOUTHEASTERN STATES purposes. lished in the F ederal R egister on Octo­ ber 19, 1967, and December 5, 1967, re­ Notice of Hearing Regarding Proposed Empty liquor bottles may be imported Amendments to Marketing Agree­ and furnished to liquor dealers for dis­ spectively. Such decision and referendum play purposes, provided each bottle is order directed that referenda be con­ ment and Order marked to show that it is to be used for ducted among the respective producers Pursuant to applicable provisions of such purpose. Any paper strip used to of limes grown in Florida and avocados the Agricultural Marketing Agreement seal the bottle shall be of solid color and grown in south Florida to determine Act of 1937, as amended (secs. 1-19»'“ without design or printing, except that whether the requisite majorities of such Stat. 31, as amended; 7 U.S.C. 601-4374), a border or a design, formed entirely of producers favor or approve issuance of and in accordance with the applicable the legend “not genuine—for display the applicable amendments. rules of practice and procedure govern­ purposes only” is permissible. The im­ It is hereby determined (a) that han­ ing proceedings to formulate market­ porter shall keep records of the receipt dlers (excluding cooperative associations ing agreements and marketing orders, and disposition of such bottles, showing specified in section 8c(9) of the act) of as amended (7 CFR Part 900), notice the names and addresses of consignees, more than 50 percent of the volume of is hereby given of a public hearing dates of shipment, and size, quantity, and limes covered by Order No. 911, as to be held at the Virginia Truck E x ­ description of bottles. amended, refused or failed to sign the periment Station, Norfolk, Va., begin­ § 2 5 1 .2 0 8 Liquor bottles denied entry. proposed amended marketing agreement, ning at 9:30" a.m., February 15, 1966« and (b) on the basis of the results of the with respect to proposed amendment Filled liquor bottles, not conforming referendum conducted December 15-23, to Marketing Agreement No. 104 an to the provisions of this subpart, shall 1967, pursuant to the aforementioned Order No. 953 (7 CFR 953) , herein­ be denied entry into the United States: referendum order, among the producers after referred to as the “marketing agree­ Provided, That, upon letterhead applica­ of limes grown in the production area (as ment” and “order,” respectively, regu­ tion, in triplicate, the assistant regional defined in 7 CFR Part 911), that issuance lating the handling of potatoes grown commissioner of the region in which the of the proposed amendment of Order No. certain designated counties in Virgi port of entry is situated may, in non­ 911, as amended, regulating the handling and North Carolina. The PJPp0® recurring cases, authorize the release of limes grown in Florida, is approved or amendments have not received the ap­ from customs custody of distilled spirits favored by only 58 percent of the pro­ proval of the Secretary of Agricuitu in bottles, except those coming under ducers who participated in such referen­ The public hearing is for the pnrP®®® the provisions o f § 251.206, which, dum and who, during the determined of receiving evidence with respect to v

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2525 economic, marketing and other condi­ (e) Other relevant factors. one vote for each position to be filled in tions relating to the proposed amend­ the respective district in which he elects Section 953.15 (a) is revised to read as to vote. ments, hereinafter set forth, and to any follows: appropriate modifications thereof. Section 953.19 is revised to read as The proposed amendments to the mar­ § 953.15 Establishment and member­ follows: keting agreement and order were sub­ ship. mitted by the Southeastern Potato Com­ (a) The Southeastern Potato Com­§ 953.19 Selection. mittee, the administrative agency estab­ mittee, consisting of 12 members of whom The Secretary shall select one producer lished pursuant to the marketing agree­ seven shall be producers and five shall member each in Districts 1, 2, and 3 and ment and order, with a request for a be handlers is hereby established. For two producer members each in Districts hearing thereon. The proposals are as each member of the committee, there 4 and 5. In addition he shall select one follows: shall be an alternate member, who shall handler member from each district. The Section 953.4 is revised to read as have the same qualifications as the respective alternates shall be selected on follows: member. the same basis of representation as the members. § 953.4 Production area. Section 953.16 is revised to read as follows: Section 953.21 is revised to read as “Production area” means and includes follows: the counties of Accomack, Northampton, § 953.16 Term of office. Nansemond, James City, the cities of (a) The term of office for committee § 953.21 Acceptance. Chesapeake and Virginia Beach in the members and alternates shall be for 1 Any person selected by the Secretary State of Virginia and the counties of year. The dates on which such term of as a member or as an alternate member Northampton, Halifax, Nash, Edgecombe, office shall begin and end shall be es­ of the committee shall qualify by filing a Pitt, Lenoir, Jones, and Onslow, and all tablished by the Secretary pursuant to written acceptance with the Secretary counties east thereof in the State of the committee’s recommendation. within the time specified by the Sec­ North Carolina. (b) Committee members and alter­ retary. Section 953.9 is revised to read as nates shall serve during the term of of­ Section 953.25 is revised to read as follows: fice for which they are selected and have follows: qualified, or during that portion thereof § 953.9 Fiscal period. beginning on the date on which they § 953.25 Expenses and compensation. “Fiscal period” means the period be­ qualify during such term of office and Committee members and alternates ginning and ending on the dates ap­ continuing until the end thereof, and when acting on committee business shall proved by the Secretary pursuant to rec­ until their successors are selected and be reimbursed for reasonable expenses ommendations by the committee. have qualified. § 953.17 is deleted because necessarily incurred by them in the per­ Section 953.11 is revised to read as it is no longer applicable pursuant to formance of their duties and in the follows: § 953.19. exercise of committee powers under this subpart. In addition, they may receive § 953.11 District. Section 953.18 is revised to read as follows: reasonable compensation at a rate to be “District” means, describes, and refers determined by the committee and ap­ to each of the geographic divisions of the § 953.18 Nominations. proved by the Secretary. production area hereby established as The Secretary may select members of Section 953.35 is revised to read as follows: the committee and alternates from nomi­ follows: District No. 1. Accomack County in the nations which may be made in the fol­ State of Virginia. lowing manner: § 953.35 Accounting. District No. 2. Northampton County in (a) A meeting or meetings of produc­ (a) If, at the end of a fiscal period, the the State of Virginia. ers and handlers shall be held for each assessments collected are in excess of District No. 3. James City and Nansemond district to nominate members and alter­ expenses incurred, such excess shall be Counties and the cities of Chesapeake and nates for the committee; accounted for in accordance with one of Virginia Beach in the State of Virginia. (b) At least one nominee shall be District No. 4. Northampton, Gates, Hert­ the following: ford, Bertie, Chowan, Perquimans, Pasquo­ designated for each position as member (1) If such excess is not retained in a tank, Currituck, and Camden Counties in and for each position as alternate mem­ reserve, as provided in subparagraph (2) the State of North Carolina. ber on the committee; of this paragraph, it shall be refunded District No. 5. Halifax, Nash, Edgecombe, (c) Nominations for committee mem­ proportionately and to the extent prac­ Pitt, Lenoir, Jones, Onslow, Carteret, Pam- bers and alternates shall be supplied to tical to the persons from whom it was hoo. Craven, Beaufort, Martin, Washington, the Secretary in such manner and form collected: Provided, That each handler ^Yrrell, Hyde, and Dare Counties in the State as he may prescribe, not later than of North Carolina. may be credited with such refund, for September 15 of each year, or by such the operations of the following fiscal Section 953.12 is added as follows: other dates which may be specified by the period, unless he demands payment Secretary; § 953.12 Reapportibnment and redis- thereof, in which event such propor­ tricting. (d) Only producers may participate in tionate refund shall be paid to him; designating producer nominees and only (2) The committee, with the approval The committee may recommend, and handlers may participate in designating pursuant thereto, the Secretary may ap­ of the Secretary, may establish an opera­ handler nominees. Any person engaged in ting monetary reservé, and may carry prove, the reapportionment of members producing and handling potatoes, or who among districts, and the reestablishment over into subsequent fiscal periods such operates in more than one district or excess in a reserve so established: Pro­ w districts within the production area, both, shall elect the classification (i.e., lu recommending any such changes, the vided, That funds in the reserve shall producer or handler); and/or the dis­ not exceed approximately one fiscal committee shall give consideration to: trict within which he may participate in Shifts in potato acreage within period’s expenses. Such reserve funds designating nominees; may be used by the committee (i) to me districts and within the production (e) Regardless of the number of dis­ area during recent years ; defray expenses authorized pursuant to tricts in which a person produces or § 953.33, (ii) to defray expenses during . The importance of new production handles potatoes, each such person is m its relation to existing districts; any fiscal period, prior to the time assess­ entitled to cast only one vote on behalf ment income is sufficient to cover such suitable relationship of com­ of himself, his agents, subsidiaries, affili­ mittee membership and districts; ates, and representatives in designating expenses, (iii) to cover deficits incurred during any fiscal period when assessment i ^ Economies to result for producers nominees for committee members and i pr<^oting efficient administration due alternates. An eligible voter’s privilege of income is less than expenses, (iv) to m/JiS^^cting or reapportionment of casting only one vote as aforesaid shall defray expenses incurred during any members within districts; and be construed to permit a voter to cast period when any or all provisions of this

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2526 PROPOSED RULE MAKING part are suspended or are inoperative, Section 953.75 is revised to read as Agreement Act of 1937, as amended (7 and (v) to cover necessary expenses of follows: U.S.C. 601-674), hereinafter referred to as the “act.” liquidation in the event of termination of § 953.75 Reports. this part. Upon such termination, any Interested persons may file written ex­ funds not required to defray the neces­ (a) Upon the request of the commit­ ceptions to this recommended decision sary expenses of liquidation and after tee, with the approval of the Secretary, with the Hearing Clerk, UJ3. Department reasonable effort by the committee it is every handler shall furnish to the com­ o f Agriculture, Room 112, Administra­ found impracticable to return such re­ mittee, in such manner and at such time tion Building, Washington, D.C. 20250, maining funds to handlers from whom as may be prescribed, such information not later than the close of business on collected, such funds shall be disposed as will enable the committee to exercise the 15th day after its publication in the of in such manner as the Secretary may its duties under this subpart. The Sec­ F ederal R egister. Exceptions should be determine to be appropriate. retary shall have the right to modify, filed in quadruplicate. All such commu­ (b) All funds received by the commit­ change, or rescind requests for any re­ nications will be made available for pub­ tee pursuant to the provisions of this ports pursuant to this section. lic inspection at the office of the Hearing subpart shall be used solely for the pur­ (b) All such reports shall be held un­ Clerk during regular business hours (7 pose specified in this subpart and shall be der appropriate protective classification CFR 1.27(b)). accounted for in the manner provided for and custody by the committee, or duly Preliminary statement. The public in this subpart. The Secretary may at appointed employee thereof, so that the hearing, on the record of which the any time require the committee and its information contained therein, which proposed amendments to the order were members to account for all receipts and may adversely affect the competitive formulated, was held in Orlando, Fla., disbursements. position of any handler in relation to December 1, 1967, pursuant to notice thereof published in the November 18, (c) Upon the removal or expiration of other handlers shall not be disclosed. the term of office of any member of the Compilations of general reports from 1967, issue of the F ederal R egister (32 committee, such member shall account data submitted by handlers is authorized, F.R. 15884). The notice set forth the for all receipts and disbursements and subject to the prohibition of disclosure proposed amendments to the order which deliver all property and funds in his of individual handlers’ identities or were submitted with a request for a hear­ possession to the committee, and shall operations. ing thereon by the Florida Tomato Com­ execute such assignments and other in­ (c) Each handler shall maintain for mittee, the administrative agency estab­ struments as may be necessary and ap­ at least two succeeding years such rec­ lished pursuant to the order. propriate to vest in the committee full ords and documents on potatoes received Material issues. The material issues title to all of the property, funds, and and potatoes disposed of by him as may presented on the record of hearing are claims vested in such member pursuant be necessary to verify reports submitted as follows: (1) The need for amending the order to this subpart. to the committee pursuant to this section. to update it; (d) The committee may make recom­ (2) The deletion of District No. 5 mendations to the Secretary for one or The Secretary shall make such (North Florida) from the production more of the members thereof, or any changes as may be necessary for the en­ area, with a corresponding reduction in other person, to act as a trustee for hold­ tire marketing agreement and order to the membership on the committee as ing records, funds, or any other commit­ conform with any amendments thereto well as in the number required for a tee property during periods of suspen­ that may result from the hearing pur­ quorum or to pass any committee action; sion of this subpart, or during any period suant to this notice. (3) The regulation of only those or periods when regulations are not in Copies of this notice may be obtained tomatoes produced in the production effect; and, if the Secretary determines from the Vegetable Branch, Fruit and area and shipped out of the regulation such action appropriate, he may direct Vegetable Division, C&MS, U.S. Depart­ area rather than of all tomatoes moving that such person or persons shall act as ment of Agriculture, Washington, D.C. within the production area as well as to trustee or trustees for the committee. 20250. points outside thereof; Section 953.40 is revised to read as Dated: January 30, 1968. (4) The addition of authority to estab­ lish an operating reserve to cover up to follows: John C. B lum, § 953.40 Marketing policy. Deputy Administrator, 1 year’s expenses; Regulatory Programs. (5) The clarification of present au­ Prior to or at the same time initial thority in the order to regulate the han­ recommendations in any fiscal period are [F.R. Doc. 68-1316; Filed, Feb. 1, 1968; dling of tomatoes by maturities, i.e., made pursuant to § 953.41, and as the 8:49 ajn..] “mature-green” and/or “ripe” tomatoes; Secretary may require, the committee and shall prepare a marketing policy state­ [ 7 CFR Part 966 ] (6) The authority to extend the final ment. Notice of such marketing policy [Docket No. AO-265-A1] dates for nomination meetings, to reduce shall be given to producers, handlers, the number of nominees required for and other interested parties by bulletins, TOMATOES GROWN IN FLORIDA each position on the committee, and to newspapers, or other appropriate media, permit extending the time for supplying and copies thereof shall be submitted to Notice of Recommended Decision and the names of nominees to the Secretary. the Secretary and shall be available at Opportunity To File Exceptions With Findings and conclusions. The findings the committee office to all interested Respect to Proposed Amendment of parties. and conclusions on the material issues, Marketing Agreement and Order all of which are based upon the evidence Section 953.45 is added as follows: Pursuant to the rules of practice and presented at the hearing and the record § 953.45 Minimum quantities. procedure governing proceedings to thereof, are as follows: The committee, with the approval of formulate marketing agreements and (1) The need for amending the order the Secretary, may establish, for any or marketing orders, as amended (7 CFR to update it was supported by severa witnesses, including the present Chan- all portions of the production area, mini­ Part 900) , notice is hereby given of the mum quantities below which shipments filing with the Hearing Clerk of this man of the Committee and the im­ will be free from regulations issued pur­ recommended decision with respect to mediate past Chairman. suant to: Regulations § 953.42, Inspec­ the proposed amendment of Marketing The Florida Tomato Marketing Order tion and certification § 953.50, and As­ Agreement No. 125 and Order No. 966 (7 program became effective on October , sessments § 953.34. CFR Part 966), hereinafter referred to 1955, following a public hearing ana » collectively as the “order,” regulating the referendum of producers. It §§ 953.55-953.58 [Deleted] handling of tomatoes grown in the during four marketing seasons tmtu Sections 953.55 through 953.58 are de­ Florida production area. This regulatory end of the 1958-59 season. During that leted because they are no longer neces­ program is effective pursuant to the pro­ period the industry worked together sary in the order. visions of the Agricultural Marketing establishing uniform size designation,

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2527 standardized containers and weights. more orderly marketing and higher Witnesses stated that tomato ship­ Also, during periods of overproduction, prices to producers. ments from North Florida generally do lower grades and discounted sizes were Opposition witnesses testified that not move in any volume until the month withheld from the markets outside the twice in the past, Dade County tomato of June, depending on seasonal weather production area. As a result of these producers were the recipients of unfair conditions, when shipments are begin­ regulations producers’ returns were ma­ treatment by the committee under the ning in other southeastern States, and terially increased. order. Once after a freeze, the Chairman after the major Florida tomato produc­ During the period of operation a con­ of the Committee, although urged to do ing sections have about completed their troversy began between vine-ripe to­ so by one of the important producers in harvest. Also, regulations under the mar­ mato producers and mature-green pro­ Dade County at the request of growers keting order previously had been termi­ ducers which developed to a point that whose tomatoes were damaged, did not nated about the time volume shipments the members of the committee were un­ promptly call a meeting to consider rec­ from North Florida began. able to agree on the regulations to be ommendations for removal of grade re­ Methods of marketing tomatoes in Dis­ recommended. As a result, regulations strictions. It was alleged that there was trict No. 5 were stated to be different were terminated and the program re­ a delay of some 3 weeks before the meet­ from marketing practices prevalent in mained inactive from 1959 until the ing was called, during which time some the other four districts, in that this dis­ present time. Several attempts to reac­ growers lost a substantial volume of to­ trict has smaller farms and its tomato tivate it during the inactive period were matoes that could have been shipped at growers do not generally move their to­ unsuccessful. profitable prices to growers. It was noted, matoes through a packing house for During the past year, however, tomato however, that the affected producers did grading, sizing and packaging as is cus­ producers and handlers, including sev­ not attempt to contact the required num­ tomarily done in the other districts. In­ eral committeemen, tried to find some ber of members on the committee who stead, most District 5 growers usually do method of bringing the Florida tomato could have arranged for calling such a their own grading and packing in the industry together to eliminate the con­ meeting. fields by removing tomatoes with serious troversy which had developed arid to re­ On another occasion the committee defects and dumping the field boxes of activate their marketing order in the recommended regulations to become ef­ tomatoes into containers owned by buy­ hope of solving some of their marketing fective for only part of the production ers, who usually are itinerant truckers. problems. At the organizational meeting area. However, when the regulations were Because of their comparatively small of the committee held in Belle Glade, issued by the Department the same re­ production, the lateness of their market­ Fla., October 24, 1967, it was found that quirements were made applicable to the ing period, and the differences in their there was no hope of reactivating the entire production area. Some Dade marketing practices, growers in District program without amending it. Impor­ County producers resented, and continue No. 5 did not wish to remain in the tant in this connection was a lack of in­ to resent, this action which was neces­ production area. There was apathy and terest on the part of committee members sitated at the time by the order’s a lack of interest on their part to do from District No. 5 where tomato pro­ provisions. anything to enhance the marketing duction has declined since 1955. For this As a result of these past misunder­ practices of the Florida tomato industry. and other reasons that will be discussed standings, some producers in Dade For these reasons it is hereby found that herein, District 5 committeemen opposed County still hesitate to trust the com­ the deletion of District No. 5 from the reactivation. mittee to treat them fairly and justly. production area will reduce the size of Marketing problems cited by various For that reason they opposed reactiva­ the production area in accordance with witnesses include a recurrence of certain tion of the program. Opponents at the the declared policy of the act to the price depressing practices, such as the hearing did, however, indicate in their smallest practicable area, and yet retain packing of extra weight in containers at testimony that they hoped the producing in it over 97 percent of the State’s the expense of the growers, the sale of districts would get together to solve their acreage and production of tomatoes. No. 1 tomatoes as combination grade or problem^ and that if selfishness could be With the deletion of District No. 5 even as No. 2’s, rebates with no recourse, overcome, they would be for a proper from the production area and a corre­ and actual theft of tomatoes. Also, cited marketing order. The opponents also sponding reduction in the membership of were the sales of poor quality and small stated that there is no doubt that the the 15-member committee by the three sizes which depress prices and returns to Florida tomato farmers need some kind members who presently represent this producers for all tomatoes, especially of a marketing order. district, it is logical that the number re­ during periods of heavy supplies. In ad­ (2) At the time this order was promul­ quired to constitute a quorum and to pass dition, the sharp yearly increases in the gated in 1955, the whole of Florida below any committee action should also be re­ volume of tomato imports were causing the Suwannee River and the Georgia duced. great concern. State line was included in the produc­ Under the present order two-thirds of Witnesses indicated that one of the tion area. North Florida, presently desig­ of the 15-member committee, or 10 advantages which might accrue to the nated as District No. 5, did not produce a members, are necessary to constitute a Florida Tomato industry from reactivat­ large volume of tomatoes at that time but quorum and the same number of concur­ ing the order would be the requirement was included in the production area be­ ring votes are required to approve any uiat imports comply with the same grade, cause it was considered to have a po­ committee action. Similarly, two-thirds ^ze, quality, and maturity regulations tential for increased tomato production. of the proposed new 12-member com­ Wmch the Florida industry places on However, instead of increasing, tomato mittee would be eight members. This is acreage in District No. 5 has been ma­ the number proposed by proponents to A recent study, summarized by the terially reduced during the past several be necessary for a quorum or to pass rionda Fruit and Vegetable Association years until it is now less than 3 percent any committee action. Witnesses testified and introduced as evidence, indicates of the total for the State. that these changes are logical and will “ at during periods of the 1966-67 sea- As reflected in the Vegetable Summary be in the best interests of Florida tomato producers. TTn-t j en of tomatoes to the of Florida Agricultural Statistics, tomato mted States voluntarily withheld ship­ acreage in Marion and Sumpter Coun­ Opposing witnesses testified against ments of smaller size tomatoes (7 x 7’s) , ties, the major producing counties in the deletion of District No. 5 from the r f tomato market in the United States this district, totaled 4,950 acres in the production area. They claimed there is J-acted favorably with better prices to 1953-54 season, or 9 percent of State’s no difference in the manner of produc­ ^0r k°th imported and domestic total. Comparable figures for the 1965-66 tion and marketing or competition in matoes. Witnesses testified that export-- season show 1,260 acres in tomatoes for that district. They also indicated that 5 s of tomatoes to the United States these two counties, or 2.3 percent of the additional members should be given to o d welcome Florida industry regula­ District No. 1 in proportion to that dis­ 54,000 acres planted, and 2.4 percent of trict’s percentage of the State’s produc­ r s and would cooperate with Florida the 51,600 acres harvested in Florida dur­ tion of tomatoes. Opponents also indi­ wers in an attempt to bring about ing the season. cated that if District 5 is deleted, the

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2528 PROPOSED RULE MAKING number of members required to pass (3) The changes proposed in thetomato shipments when they reach the committee action should remain un­ definition of “handler” are very minor. boundary line to ascertain whether or changed at 10 members. This would, in They consist mainly in restricting the not they were produced in the production effect, allow three members to veto commodity covered thereby to “fresh area. Such methods could include the actions proposed by a majority of nine tomatoes” instead of the general term presentation of bills of lading, manifests members on the committee. Regulations “tomatoes.” This was proposed so as to or other evidence of identification at the recommended could, they argued,' be make this definition consistent with the check points.The committee and the Sec­ more restrictive on mature-green definition of “handle” which is also pro­ retary should have authority to devise tomatoes than on ripe tomatoes, which posed to cover only “fresh tomatoes.” other means, as the situation may war­ action would be unfair to mature-green No opposition to the change in this rant, to obtain compliance. producers. definition was indicated. (4) Section 966.44 of the present order When this order was originally pro­ The definition of “handle” in the pres­ provides that excess funds remaining at mulgated, districts were worked out by ent order authorizes regulation of the end of each fiscal period, or other the industry to represent the best basis tomatoes moving within the production representative period, shall be credited which could be devised for providing area as well as tomatoes moving between or paid to the handlers from whom they fair and equitable representation on the the production area and any point out­ were collected, or they may be carried committee. The districts constitute what side thereof, with certain exceptions, over into following periods as a reserve are generally known and recognized by such as shipments within the production for possible liquidation of the commit­ the tomato trade as separate and distinct area to a registered handler and to auc­ tee’s affairs’in the event of termination producing sections. They provide a geo­ tion markets designated by the commit­ of the order. It further provides that any graphical basis, related to the number of tee. funds remaining after liquidation shall producers and to the production of During the period of operation under be returned to all persons from whom tomatoes, for the selection of the com­ this program, only the first regulation such funds were collected. mittee membership representative of issued applied to shipments of tomatoes This section should be amended to both small and large producers in an moving both within the production area authorize the establishment of an operat­ equitable manner. While some districts and to points outside thereof. This was ing reserve to be used for any expenses may not have as much production as amended after 28 days to regulate only authorized under this order, as well as others, they may have a greater number shipments between the production area for possible liquidation expenses of the of producers. and any point outside thereof. After that, affairs of the committee in the event of If there should be a need to redistrict all regulations recommended and issued termination of the order. In addition, or to reapportion membership among the applied only to fresh tomatoes moving provision should be made to authorize districts, the order provides a method out of the production area. the distribution of any funds remaining for doing so with the approval of the The proposed new provisions would after liquidation in such manner as the Secretary. regulate only fresh tomatoes produced Secretary may direct, provided, that to The 1965 and 1966 issues of Florida in the production area which are sold, the extent practical, they should be re­ Agricultural Statistics, Vegetable Sum­ transported or placed in the current of turned to the persons from whom they mary, presented in evidence, show that commerce between the “regulation area” were collected. District No. 1 produced 31.8 percent of and any point outside thereof in the Good business management, based on the State’s production of fresh tomatoes United States, Canada, or Mexico. past experience, requires that provision during the 1964-65 season and 27.1 per­ “Regulation area” is a new term pro­ should be made for contingencies. cent of the State’s production during the posed in the amendment of this order Emergency financial needs can arise for 1965-66 season. Under the proposed re­ which is necessary to facilitate program a marketing order committee the same duced membership on the committee, operations. It would include all of the as for any business. Without such an District No. 1 would have 25 percent of territory now included in the present operating reserve the committee could the members on the 12-member commit­ order, which extends northward to the be seriously handicapped in its opera­ tee. Suwannee River and the Georgia State tions. According to the record evidence, With respect to the committee’s recom­ line. The “regulation area” is proposed an operating reserve is needed by the mending more restrictive regulations on as a practical and reasonable means of Florida Tomato Committee for several mature-green tomatoes, the evidence achieving compliance with the provisions purposes in addition to meeting emergen­ shows that mature-green tomato produc­ of the amended order at the least ex­ cies. It would provide funds to finance tion in each district, as well as for the pense. Since the State road guard sta­ the committee’s operations early in each production area, still constitutes the tions are already located on this northern fiscal year before income becomes largest percentage both by acreage as boundary, enforcement problems under available from the current year’s assess­ well as by volume of sales. In the 1965- the amended order would be minimized ments. Methods of meeting such early 66 season, mature-green sales repre­ by continuing the Suwannee River and expenses in the past have included bor­ sented 65 percent of all fresh tomato the boundary of the State of Georgia as rowing money from the bank on a short­ sales in the State. Also, since the ma­ the line beyond which tomatoes may not term basis or asking handlers to advance jority of members on the current com­ move unless they comply with the ap­ payment of assessments to meet the mittee produce mature-green tomatoes plicable regulations of the order. financial needs of the committee. Having and represent mature-green producers, Tomatoes produced in present District an operating reserve would be a more they would not likely discriminate No. 5 would not be regulated under the businesslike method of meeting these against mature-green tomatoes in their amended order but would move freely early obligations each year and couia recommendations. within the regulation area as well as to result in savings for the committee. With respect to future committees, it points outside thereof. Tomatoes pro­ In the event of a short crop or a par­ duced in the production area would also is incumbent upon tomato growers to tial crop failure, assessment ^ cov\. choose capable and conscientious mem­ move freely within the whole regulation could drop below the requirements i bers to represent them. The Department area. However, if tomatoes produced in expenses of the committee. Without relies heavily on their choices in select­ present District 5 are transported to the operating reserve, it would be necessary ing members and on the committee’s production area for grading and pack­ to increase the rate of assessment recommendations in issuing regulations. aging, they would be subject to regula­ If, however, the committee were to tions under the definition of “handle” meet the deficit. This would constitu recommend u n f a i r or discriminatory reg­ unless their identity can be maintained. an extra burden on the industry a ulations, the Department could not, and If, for any reason their identity cannot time when the industry’s income ^ re­ would not, knowingly issue regulations be maintained, they would be subject to duced because of a poor crop. It woul contrary to the declared policy of the the same “handling” regulations as for less burdensome to the industry to co tomatoes produced in the production act. tribute to the establishment of Hence, it is hereby found that § 966.32, area. Procedure, should be amended as here­ Witnesses indicated that the commit­ erating reserve during years of no inafter set forth. tee could establish methods of checking production rather than be requir

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2529 pay a higher rate of assessment oc­ production area, there may be times turity and which will assure compliance casioned by a deficit during a year when when it will be more practical and bene­ with the regulations. the crop is materially reduced. ficial to producers to regulate only the Among the different varieties and The reserve fund could also be used handling of so-called “ripe” tomatoes. types of tomatoes produced in the pro­ to defray expenses of the committee dur­ There may be other times when it will be duction area, witnesses listed cherry- ing any period when the provisions of more practical and beneficial to produc­ type and plum-type tomatoes which con­ the order are suspended or inoperative, ers to regulate only mature-green toma­ stitute a small percentage of the volume such as during the present period of in­ toes. Also, at times it may be best to reg­ produced in Florida. Also, a small quan­ operation of the program. ulate all maturities but with different re­ tity of hydroponically grown tomatoes is Finally, the reserve fund should be quirements for each maturity. produced in Florida. These specialized available to defray the necessary ex­ The Florida tomato industry has ex­ types of tomatoes were generally ex­ penses of liquidation of the affairs of the perienced several changes since 1955 empted from regulations during the 4 committee-in the event of termination when this order was issued. At that time years of operation under the program of the order. Any funds remaining after production consisted mainly of mature- and may be exempted, with proper safe­ termination of the order should be dis­ green tomatoes. Vine-ripe production guards, upon recommendation of the tributed in such manner as the Secre­ was just beginning and was not of any committee. tary may direct upon recommendation commercial significance. Since then, Because it is not possible to contem­ of the committee, provided, that to the however, vine-ripe production has in­ plate the various changes that may oc­ extent practical, they should be returned creased rapidly to approximately a third cur in the future, or their impact on the to the persons from whom they were of the total fresh sales in the 1965-66 industry, it is appropriate that the collected. season. order should contain sufficient author­ It would be appropriate for the com­ Vine-ripe tomatoes are typically grown ity to meet the needs of the future. Such mittee to credit each handler with his oh stakes and they are left on the plant authority should be sufficiently flexible pro rata share of the refund against the until they begin to show color. They are for the committee to recommend, and the operations of the following fiscal period. then harvested, graded, packed, and dis­ Secretary to issue, different regulations However, if a handler should demand tributed as vine-ripened tomatoes. for the handling of different varieties payment rather than a credit to his ac­ Most of the production, however, still and of different maturities of tomatoes, count, it will be proper for the committee consists of mature-green tomatoes as hereinafter set forth. to pay to him his appropriate refund. which are generally grown on the ground. (6) The amendment of § 966.27 was The reserve should not exceed ap­ They are harvested in the mature-green proposed along with the other amend­ proximately 1 fiscal year’s operating ex­ stage, graded, packed, and shipped to re­ ments to this order so as to provide penses based upon an average of recent packers in the terminal markets where some flexibility with respect to nomi­ years’ expense budgets. This provision they are ripened in ripening rooms and nations for membership on the com­ is considered necessary not only to set repackaged in consumer sized packages mittee. for distribution to the retail stores. a limit on the size of the reserve by keep­ According to the provisions of the ing it within reasonable limits, but also Some growers in Dade County are now experimenting with polyethelene plastic present order nomination meetings to allow a degree of flexibility. A fixed should be held prior to June 15 of each figure limitation which might be ade­ to cover the tomatoes which are on the ground to permit them to ripen tinder year, and the names of nominees desig­ quate for a year or two could possibly nated should be supplied to the Secre­ be inadequate in 5 or more years due to more favorable conditions than tomatoes tary not later than July 15 of each year. a change in the committee’s activities. exposed to weather hazards. Another recent development is a proc­ If, for some reason, nomination meet­ If the reserve funds should appear to be ings are not held prior to June 15, the accumulating beyond the acceptable ess of ripening mature-green tomatoes under ethylene gas, either prior to or committee should not be deprived of limitations, it would be advisable for the holding TTOmination meetings at a later committee to recommend a reduction in after packaging, in the production area. The inspector may not be able to dis­ date. With the adoption of the pro­ the rate of assessment for the following posed changes, the committee could hold year to keep the reserves down to the tinguish between vine-ripened tomatoes and those ripened in a ripening room, nomination meetings at a later date level of approximately 1 year’s operating upon approval of the Secretary. expenses. however, inspection can be based on color and other factors specified in the Similarly, if the nomination meetings In view of the foregoing, it is con­ grade standards. are delayed beyond June 15, it would cluded that the authority for the com­ Regulations for maturity could be be appropriate to permit an extension mittee to establish an operating reserve based on the various stages of maturity of the final date for submitting the is necessary to effectuate the other provi­ as set forth in the U.S. Standards for names of the nominees to the Secretary. sions of the order and is not inconsistent Grades of Fresh Tomatoes, or variations The proposed amendment would permit with the act or any of the provisions of based thereon as recommended by the such delay with the approval of the the order. Therefore, section 966.44, committee and approved by the Secre­ Secretary. Refunds, of the present order, should be tary. Paragraph (b) of § 966.27 of the pres­ deleted and a new section 966.44, titled It is practical to have inspection per­ ent order provides that at least two Excess funds,” as a more descriptive formed at the time the tomatoes are nominees shall be designated for each heading for the revised provisions, being packed in the shipping containers, position for appointment on the com­ should be inserted in lieu thereof as or after the tomatoes are packed in the mittee. This provision was made so the hereinafter set forth. shipping containers, which will carry Secretary would have some choice in (5) Authority in the present order, them out of the regulation area. designating the membership on the com­ am°ng others, permits the regulation of If the inspection takes place before mittee. However, experience has shown any or all varieties of tomatoes during mature-green tomatoes begin to show that this provision of nominating two any period. It also permits different color and as they are placed in the ship­ persons for each position is not neces­ regulations for different varieties and ping containers, regulations applicable sary in order to allow the Secretary a :°r «liferent stages of maturity. Maturity to mature-green tomatoes will apply. On choice. It is proposed that this paragraph js a factor of grade or quality; and the the other hand, if mature-green toma­ be amended' to require at least one negree of color is an indication of rela­ toes are ripened in field containers and nominee to be designated for each posi­ te maturity or ripeness. Evidence was then placed in shipping containers, it tion as member and for each position as presented to authorize the committee to will be necessary that such tomatoes alternate on the committee. At the nomi­ oo^f^^d, and the Secretary to issue, comply with regulations applicable to nation meetings, the tomato producers guiations for the handling of tomatoes ripe tomatoes. usually will indicate by their votes their hy maturity. The committee, with the approval of first, second, and third choices, and the ^ may be preferable most times the Secretary, may prescribe appropriate Secretary will still have a choice, but grade, size, quality, and requirements for inspection which shall he will be assisted in making the selec­ lunty of all tomatoes grown in the be fair to producers of all stages of ma­ tions by the desires of the industry.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2530 PROPOSED RULE MAKING

Proponents believe that the proposed § 966.4 Production area and regulation (a) A meeting or meetings of pro­ revised wording of this section will pro­ area. ducers shall be held in each district to vide more flexibility for the committee (a) “Production area” means the nominate members and alternates for and will result in better operation of the Counties of Pinellas, Hillsborough, Polk, the committee. The committee shall hold program. There was no opposition to Osceola, and Brevard in the State of such meetings or cause them to be held these changes in evidence at the hearing. Florida, and all the counties of that prior to June 15 of each year or by such Rulings on proposed findings and con­ State situated south of such counties. other date as may be approved by the clusions. December 23, 1967, was set by (b) “Regulation area” means that Secretary pursuant to recommendation the presiding officer at the hearing as portion of the State of Florida which is of the committee. the latest date by which briefs would bounded by the Suwannee River, the (b) At each such meeting at least one have to be filed by interested parties with Georgia border, the Atlantic Ocean, and nominee shall be designated for each respect to facts presented in evidence at the Gulf of Mexico. position as member and for each position as alternate on the committee. the hearing and the conclusions which 2. Delete § 966.6, Handler, and in lieu should be drawn therefrom. Within the (c) Nominations for committee mem­ thereof insert a new § 966.6 as follows: prescribed time, a brief was filed by Louis bers and alternates shall be supplied to P. Rauth, Delray Beach, Fla. Each point § 966.6 Handler. the Secretary in such manner and form in this brief was carefully considered, “Handler” is synonymous with “ship­ as he may prescribe, not later than along with the evidence in the record, per” and means any person (except a July 15 of each year, or by such other in making the findings and reaching the common or contract carrier transporting date as may be approved by the Secretary conclusions herein set forth. To the ex­ tomatoes for another person) who, as pursuant to recommendation of the tent that any suggested findings and owner, agent, or otherwise, handles fresh committee. conclusions contained in the brief are tomatoes or causes fresh tomatoes to be ***** inconsistent with the findings and con­ handled. 7. In § 966.32, Procedure, amend para­ clusions contained herein they are denied 3. Delete § 966.7, Handle, and in lieu graph (a) to read as follows: on the basis of the facts found and stated thereof insert a new § 966.7 as follows: in connection with this decision. § 966.32 Procedure. General findings. Upon the basis of § 966.7 Handle. (a) Eight members of the committee evidence introduced at the hearing and “ Handle” or “ship” means to sell, shall be necessary to constitute a quorum the record thereof it is found that: transport or in any other way to place and the same number of concurring votes (1) The marketing agreement and fresh tomatoes, produced in the produc­ shall be required to pass any motion or order, as hereby proposed to be amended, tion area, in the current of commerce approve any committee action. and. all of the terms and conditions between the regulation area and any * * * * * thereof, will tend to effectuate the de­ point outside thereof in the United clared policy of the act; States, Canada, or Mexico. 8. Delete § 966.44, Refunds, and in lieu thereof insert a new § 966.44 as follows: (2) The marketing agreement and 4. Amend § 966.22, Establishment and order, as hereby proposed to be amended, membership, to read as follows: § 966.44 Excess funds. regulate the handling of tomatoes grown (a) If, at the end of a fiscal period, in the production area in the same man­ § 966.22 Establishment and member­ ship. the assessments collected are in excess ner as, and are applicable only to persons of expenses incurred, such excess shall in the respective classes of commercial (a) The Florida Tomato Committee, be accounted for in accordance with one or industrial activity specified in, the consisting of 12 producer members, is of the following: marketing agreement and order upon hereby established. For each member of (1) If such excess is not retained in a which a hearing has been held; the committee there shall be an alternate reserve, as provided in subparagraph (2) (3) The marketing agreement and who shall have the same qualifications of this paragraph, to the extent practical order, as hereby proposed to be amended, as the member. it shall be refunded proportionately to are limited in application to the smallest (b) Each person selected as a com­ the persons from whom it was collected. mittee member or alternate shall be an regional production area which is prac­ (2) The committee, with the approval ticable, consistently with carrying out individual who is a producer, or an officer or an employee of a corporate producer, of the Secretary, may establish an op­ the declared policy of the act; and the erating monetary reserve and may carry issuance of several orders applicable to in the district for which selected and a over to subsequent fiscal p e r io d s excess resident of the production area. subdivisions of the production area funds in a reserve so established: Pro­ would not effectively carry out the de­ 5. Amend § 966.24, Districts, by delet­ vided, That funds in the reserve shall clared policy of the act; ing District No. 5, to read as follows: not exceed approximately one fiscal (4) There are no differences in the § 966.24 Districts. period’s expenses. Such reserve fun production and marketing of tomatoes may be used (i) to defray any expense grown in the production area which For the purpose of determining the authorized under this part, (ii) to deiray make necessary different terms appli­ basis for selecting committee members expenses during any fiscal period pr cable to different parts of such area; and the following districts of the production to the time assessment income isi suffi­ (5) All handling of tomatoes grown area are hereby initially established: cient to cover such expenses, WJ » in the production area and in the current District No. 1. The counties of Broward cover deficits incurred during any fisc of commerce between the regulation and Dade in the State of Florida; period when assessment income is area, as defined in the marketing agree­ District No. 2. The counties of Brevard, than expenses, (iv) to defray exp® _ ment and order as hereby proposed to be Glades, Indian River, Martin, Osceola, incurred during any period when any amended, and any point outside thereof, Okeechobee, Palm Beach, and St. Lucie in all provisions of this part are susp is in the current of interstate or foreign the State of Florida; District No. 3. The counties of Charlotte, or are inoperative, and (v) to cove ,h commerce, or directly burdens, obstructs, Collier, Hendry, Lee, and Monroe in the essary expenses of liquidationi In or affects such commerce. State of Florida; and event of termination of this part. P Recommended amendment of the District No. 4. The counties of De Soto, such termination any funds not req■ - . marketing agreement and order. The fol­ Hardee, Highlands, Hillsborough, Manatee, to defray the necessary expenses o Pinellas, Polk, and Sarasota in the State of lowing amendment of the marketing uidation, and after reasonable e °r agreement and order is recommended as Florida. the committee it Is found imprac 1C the detailed means by which the afore­ 6. In § 966.27, Nomination, amend to return such remaining funds o said conclusions may be carried out: paragraphs (a), (b), and (c) to read as dlers, such funds shall be dispose 1. Delete § 966.4, Production area, andfollows: such manner as the Secretary may in lieu thereof insert a new § 966.4 as § 966.27 Nomination. follows: ***** mine to be appropriate.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 PROPOSED RULE MAKING 2531

9. In § 966.52, Issuance of regulations, leaks and modification of the center fuel would provide controlled airspace for amend paragraph (a) by including ma­ tank pump installations on BAC 1-11 instrument flight rule air traffic operating turity as a factor of grade or quality, so Model 212AR, 401AK, and 410AQ Series between these terminals. as to read as follows : airplanes fitted with Thompson Ramo Interested persons may participate in fuel pump P/N 248800/4 or pumps manu­ § 966.52 Issuance o f regulations. the proposed rule making by submitting factured under license by Plessey which ***** such written data, views, or arguments includes additional part No. 570/1/ as they may desire. Communications (a) Limit, in any or all portions of the 21221/004. The FAA believes that failure should identify the airspace docket num­ production area, the handling of par­ or disengagement of a fuel pump retain­ ber and be submitted in triplicate to the ticular grades, sizes, qualities (including ing screw in center fuel tank installa­ Director, Central Region, Attention: maturity as a factor of grade or quality), tions fitted with Thompson Ramo fuel Chief, Air Traffic Division, Federal Avia­ or packs of any or all varieties of pump P/N 248800/5 may also permit tion Administration, Federal Building, tomatoes, during any period; or movement of the pump unit and fuel 601 East 12th Street, Kansas City, Mo. * * * * * leakage. Therefore, the FAA is consider­ 64106. All communications received with­ Copies of this notice of recommended ing amending Amendment 39-522 to in 30 days after publication of this notice decision may be obtained from the make the AD applicable to Thompson in the F ederal R egister will be con­ Hearing Clerk, U.S. Department of Agri­ Ramo fuel pump P/N 248800/5, and to sidered before action is taken on the pro­ culture, Room 112, Administration Build­ update the reference to the BAC 1-11 posed amendment. The proposal con­ ing, Washington, D.C. 20250, or may be Alert Service Bulletin. tained in this notice may be changed in there inspected. Interested persons are invited to par­ the light of comments received. ticipate in the making of the proposed Dated: January 30,1968. An official docket will be available for rule by submitting such written data, examination by interested persons at views, or arguments as they may desire. J o h n C. B l u m , the Federal Aviation Administration, Of­ Deputy Administrator, Communications should identify the fice of the General Counsel, Attention: Regulatory Programs. docket number and be submitted in Rules Docket, 800 Independence Avenue duplicate to the Federal Aviation Ad­ SW., Washington, D.C. 20590. An infor­ [F.R. Doc. 68-1317; Piled, Peb. 1, 1968; ministration, Office of the General 8:50 a.m.] mal docket also will be available for Counsel, Attention: Rules Docket, 800 examination at the office of the Regional Independence Avenue SW., Washington, Air Traffic Division Chief. D.C. 20590. All communications received on or before March 4, 1968, will be con­ This amendment is proposed under the DEPARTMENT OF COMMERCE sidered by the Administrator before tak­ authority of section 307(a) of the Fed­ Maritime Administration ing action upon the proposed rule. The eral Aviation Act of 1958 (49 U.S.C. 1348). [ 46 CFR Ch. I I 1 proposals contained in this notice may Issued in Washington, D.C., on Janu­ be changed in the light of comments ary 25,1968. SUBSIDIZED OPERATORS received. All comments will be available, H . B . H elstro m , both before and after the closing date for Guidelines for Payment Chief, Airspace and Air comments, in the Rules Docket for ex­ Traffic Rules Division. amination by interested persons. In F.R. Doc. 67-14066 (32 F.R. 16436, [F.R. Doc. 68-1284; Filed, Feb. 1, 1968; Nov. 30, 1967) comments by interested This amendment is proposed under the - 8:47 a.m.] parties were invited to be submitted rela­ authority of sections 313(a), 601, and 603 tive to the guidelines set forth therein of the Federal Aviation Act of 1958 (49 for payment of operating-differential U.S.C. 1354(a), 1421, and 1423). [ 14 CFR Part 71 1 subsidy to subsidized operators. In consideration of the foregoing, it [Airspace Docket No. 67—EA-115] In F.R. Doc. 67-14669 (32 F.R. 17980, is proposed to amend § 39.13 of Part 39 Dec. 15, 1967) the time within which of the Federal Aviation Regulations, FEDERAL AIRWAY comments might be submitted was ex­ Amendment 39-522 (32 F.R. 17515), AD Proposed Designation tended from December 18, 1967 to “ close 67-32-1, as follows: of business on February 5, 1968.” 1. By amending the applicability The Federal Aviation Administration is Notice is hereby given that said date statement by inserting the reference considering an amendment to Part 71 of “, P/N248800/5” after the reference the Federal Aviation Regulations that of February 5,1968, is enlarged to April 1, would designate V-333 from Crossville, 1968. “P/N 248800/4” and before the words “or pumps” . Tenn., 1,200 feet AGL to Lexington, Ky. Dated: January 31,1968. This action would designate controlled 2. By amending paragraph (a) by airspace within which to provide air By Order of the Maritime Subsidy striking the words “Issue 1” and insert­ Board. traffic service for aircraft operating in ing the words “Issue 2” in place thereof. accordance with Instrument Flight Rules Jo h n M. O’C o n n e l l , Issued in Washington, D.C., on Janu­ between these terminals. Assistant Secretary. ary 26,1968. Interested persons may participate in [F.R. Doc. 68-1375; Piled, Peb. 1, 1968; E dward p . H odson, the proposed rule making by submitting 9:00 a.m.] Acting Director, such written data, views, or arguments as Flight Standards Service. they may desire. Communications should [F.R. Doc. 68-1283; Filed, Feb. 1, 1968; identify the airspace docket number and 8:.47 a.m.] be submitted in triplicate to the Director. DEPARTMENT OF Eastern Region, Attention: Chief, Air Traffic Division, Federal Aviation Ad­ TRANSPORTATION [1 4 CFR Part 71 ] ministration, Federal Building, John F. [Airspace Docket No. 67-CE-168] Kennedy International Airport, Jamaica, Federal Aviation Administration N.Y. 11430. All communications received CONTROL AREA I 14 CFR Part 39 ] within 30 days after publication of this Proposed Designation notice in the F ederal R egister will be [Docket No. 8300] considered before action is taken on the The Federal Aviation Administration airworthiness d ir e c t iv e s proposed amendment. The proposal con­ is considering an amendment to Part 71 tained in this notice may be changed in of the Federal Aviation Regulations that BAC M l Model 212AR, 401AK, and the light of comments received. 410AQ Series Airplanes would designate an additional control area from St. Louis, Mo., with a 4,500- An official docket will be available for 39-522 (32 F.R. 17515), foot MSL floor direct to Kirksville, Mo. examination by interested persons at the i-32-l, requires the inspection for This proposed" additional control area Federal Aviation Administration, Office

No. 23- FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2532 PROPOSED RULE MAKING of the General Counsel, Attention: Rules tation period, the required reserve bal­ age reserves held in satisfaction for Docket, 800 Independence Avenue SW., ance of such bank shall be based upon requirements based upon average vault Washington, D.C. 20590. An informal the average daily net deposit balances cash held 2 weeks earlier; and (4) docket also will be available for examina­ and average daily currency and coin carrying forward to the next reserve tion at the office of the Regional Air held by the member bank at the close of week of either excesses or deficiencies Traffic Division Chief. business of each day during the second averaging up to 2 percent of required This amendment is proposed under the computation period prior to the compu­ reserves." The changes are expected to authority of section 307(a) of the Fed­ tation period for which the computation reduce uncertainties as to the amount of eral Aviation Act of 1958 (49 U.S.C. is made. reserves required during the course of 1348). (3) Any excess or deficiency in aany reserve period and to moderate pres­ member bank’s required reserve balance sures for reserve adjustments within the Issued in Washington, D.C., on Janu­ for any computation period, determined banking system that sometimes develop ary 25,1968. as provided in subparagraph (2) above, near the close of a reserve period and H . B. H elstrom , will be carried forward to the next fol­ can produce sharp fluctuations in the Chief, Airspace and Air lowing computation period to the extent availability of day-to-day funds. Traffic Rules Division. that such excess or deficiency does not This notice is published pursuant to [F.R. Doc. 68-1285; Filed, Feta. 1, 1968; exceed 2 percent of such required re­ section 553(b) of Title 5, United States 8:47 a.m.] serves, except that any portion of such Code, and § 262.2(a) of the rules of pro­ excess or deficiency not offset in the next cedure of the Board of Governors of the period may not be carried forward to Federal Reserve System (12 CFR additional computation periods. 262.2(a)). FEDERAL RESERVE SYSTEM (b) Penalties. (1) Deficiencies in re­ To aid in the consideration of this matter by the Board, interested persons i I 12 CFR 204 1 serve balances remaining after the ap­ plication of subparagraph (3) of para­ are invited to submit, in writing, rele­ [Reg. D] graph (a) above will be subject to vant data, views, or arguments. Such RESERVES OF MEMBER BANKS penalties, assessed monthly on the basis material should be sent to the Secretary, of average daily deficiencies during each Board of Governors of the Federal Re­ Computation of Reserve of the computation periods ending in the serve System, Washington, D.C. 20551, to Requirements preceding calendar month. be received not later than March 1,1968. (2) Any such penalty will be assessed Under the Board’s rules regarding avail­ The Board of Governors is considering ability of information (12 CFR 261), amending § 204.3 (a) and (b) to read at a rate of 2 percent per annum above as follows: the lowest rate applicable to borrowings such materials will be made available by each member bank from its Federal for inspection and copying to any person § 204.3 Deficiencies in reserves. Reserve Bank on the first day of the calendar month in which the deficiencies upon request unless the person sub­ (a) Computation of deficiencies. (1) mitting the material asks that it be con­ occurred. Reserve requirements of all member sidered confidential. banks shall be determined on the basis ***** of average daily net deposit balances The proposed changes are designed to Dated at Washington, D.C., this 29th and average daily currency and coin cov­ provide for (1) establishment of coinci­ day of January 1968. ering 7-day computation periods which dent 1-week reserve periods for reserve By order of the Board of Governors. shall end at the close of business on Wednesday of each week. city and country banks; (2) calculation [ s e a l ] R o b e r t P. F o r r est a l, Assistant Secretary. (2) In determining whether a member of weekly average required reserves bank has a deficiency or an excess in its based upon average deposits 2 weeks [FJR. Doc. 68-1264; Filed, Feb. 1, 1968; required reserve balance for any compu- earlier; (3) calculation of weekly aver­ 8:46 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2533

N otices

[Antidumping ATS 643.3-0] TMTD and ZDC are chemicals used in department o f t h e t r e a s u r y FROZEN HADDOCK FILLETS FROM the rubber industry. TMTD is used as an ultra accelerator for curing rubber Bureau of Customs EASTERN CANADIAN PROVINCES manufactured products. ZDC is used as [Countervailing Duties ATS 644] Antidumping Proceeding Notice an ultra accelerator for curing rubber and latex manufactured products. CANNED TOMATO PASTE FROM Jan uar y 29, 1968. The statement of reasons for the PRANCE On October 31, 1967, information was tentative determination was published received in proper form pursuant to the Notice of Countervailing Dufy in the above-mentioned notice, and in­ provisions of § 14.6(b) of the Customs terested parties were afforded until Proceedings Regulations indicating a possibility that November 13,1967, to make written sub­ Jan uar y 29, 1968. frozen haddock fillets imported from missions or to request in writing an Eastern Canadian provinces are being, or Information has been received pur­ opportunity to present views in connec­ likely to be, sold at less than fair value tion with the tentative determination. suant to the provisions of § 16.24(b) of within the meaning of the Antidumping the Customs Regulations (19 CPR No written submissions objecting to Act, 1921, as amended (19 U.S.C. 160 the tentative determination or requests 16.24(b) ) which appears to indicate that et seq.). certain payments or bestowals granted having been received, I hereby determine by Prance on the exportation of canned The information was submitted by that for the reasons stated in the tenta­ tomato paste constitute the payment or the Atlantic Fishermen’s Union, Boston, tive determination tetramethylthiruam bestowal of a bounty or grant, directly Mass. disulfide (TMTD) and zinc diethyl- or indirectly, within the meaning of Ordinarily, merchandise is considered dithiocarbamate (ZDC) from the Neth­ section 303 of the Tariff Act of 1930 (19 to be sold at less than fair value when erlands are not being, nor likely to be, U.S.C. 1303), upon the manufacture, the net, f.o.b. factory price for exporta­ sold at less than fair value within the production, or exportation of the mer­ tion to the United States is less than the meaning of section 201(a) of the Anti­ chandise to which the payments apply. net, f.o.b. factory price to purchasers dumping Act, 1921, as amended (19 It has been alleged that the amount of in the home market, or, where appro­ U.S.C. 160(a)). priate, to purchasers in other countries, the payment or bestowal is 0.216 francs This determination is published pur­ after due allowance is made for differ­ suant to section 201(c) of the Anti­ per kilo. ences in quantity and circumstances of dumping Act, 1921, as amended (19 After the expiration of the time limits sale. U.S.C. 160(c)). set forth in this notice, a determination Having conducted a summary investi­ [ seal] M a t t h e w J. M arks, will be made whether a bounty or grant gation, and having determined on this Acting Assistant Secretary is being paid or bestowed in connection basis that there are grounds for so doing, of the Treasury. the Bureau of Customs is instituting an with any such manufacture, production, inquiry pursuant to the appropriate pro­ [F.R. Doc. 68-1297; Piled, Peb. 1, 1968; or export. If it is determined that a visions of the Customs Regulations to 8:48 a.m.] bounty or grant is being paid or be­ determine the validity of the informa­ stowed, an appropriate countervailing tion. duty order will be issued and published A summary of information received DEPARTMENT OF COMMERCE in accordance with § 16 24 of the Cus­ from all sources is as follows: toms Regulations (19 CPR 16.24). Frozen haddock fillets from Eastern Maritime Administration Canadian provinces are being sold in the [Report 86] Before a determination is made con­ United States at prices substantially sideration will be given to any relevant lower than those received for sales in the LIST OF FREE WORLD AND POLISH data, views, or arguments submitted in home market. FLAG VESSELS ARRIVING IN CUBA writing with respect to the existence This notice is published pursuant to SINCE JANUARY 1, 1963 or nonexistence, and the net amount of § 14.6(d) (1) (i) of the Customs Regula­ tions (19 CFR 14.6(d) ( l ) ( i ) ) . S ectio n 1. The Maritime Administra­ a bounty or grant. Such submissions tion is making available to the appro­ should be addressed to the Commis­ [ seal] L ester D. J o h n so n , priate Departments the following list of sioner of Customs, 2100 K Street NW., Commissioner of Customs. vessels which have arrived in Cuba since Washington, D.C: 20226, in time to be [F.R. Doc. 68-1296; Piled, Feb. 1, 1968; January 1, 1963, based on information received by his office not later than 30 8:48 a.m.] received through January 23, 1968, ex­ clusive of those vessels that called at days from the date of publication of this Cuba on U.S. Government-approved notice in the F ederal R egister. N o [Antidumping ATS 643.3-v] noncommercial voyages and those listed hearing will be held. TMTD AND ZDC FROM THE in section 2. Pursuant to established U.S. This notice is published pursuant to NETHERLANDS Government policy, the listed vessels are ineligible to carry U.S. Government-fi­ 6.24(d) of the Customs Regulations Determination of Sales at Not Less (19 CPR 16.24(d)). nanced cargoes from the United States. Than Fair Value F lag of R egistry and N am e of S h ip [seal] E d w in P . R a in s, Acting Commissioner of Customs. January 25,1968. Gross On October 13, 1967, there was pub­ tonrCuge Approved: January 29,1968. lished in the F ederal R egister a “ Notice Total, all flags (206 ships) _ 1, 494, 554 of Intent to Discontinue Investigation Matthew J. M arks, and of Tentative Determination That British (59 ships)__ ___1______463,819 Acting Assistant Secretary No Sales Exist Below Fair Value” with °f the Treasury. Antarctica ______8,785 respect to tetramethylthiuram disulfide Arctic Ocean______8, 791 ^■R. Doc. 68-1295; Piled, Feb. 1, 1968; (TMTD) and zinc diethyldithiocar- Ardrossmore______5, 820 8:48 am .] bamate (ZDC) from the Netherlands. A rdrow an______I ______7, 300

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2534 NOTICES

F lag of R egistry and N am e of S h ip F lag of R egistry and N a m e of S h ip F lag of R egistry and Name of Ship Gross G ross Gross British— Continued. tonnage Cypriot— Continued tonnage Greek— Continued tonnage - Athelcrown (tanker)------11,149 Apollonian ______- 7,229 Redes tos ------5,911 Athelmere (tanker)------7, 524 Areti (previous trips to Cuba— Roula Marla (tanker)------io, 608 Athelmonarch (tanker)------11,182 Lebanese) ______7,176 S o p h ia ------7,030 A visfaith ______7, 868 Artem ida------7,247 T i n a ------7,362 Baxtergate ______8, 813 Claire (previous trips to Cuba— * Changpaishan______8, 929 Lebanese) ------5,411 Polish (20 ships)------!__------143,525 Cheung Chau______— 8, 566 Dorine Papilios (previous trips to »Chiang Kiang------— 10, 481 Cuba under ex-name Formen- Baltyk ------6,984 East Sea------9, 679 tor— British) ...... - ...... — 8, 424 B ialystok______7,173 Eastfortune ______8, 789 E. D. Papalios______9,431 Bytom ------.------5,967 Eastglory ------8,995 El T o r o ______;______5,949 C h op in ______9,231 Fortune Enterprise------7, 696 Free Enterprise (previous trips to Chorzow __:______- ___ L_,______7,237 Glaisdale------6,854 Cuba— British) ______6, 805 Energetyk______— ------10,876 Glenmoor ------7, 792 Free Navigator (previous trips to Grodziec ______3,379 Hazelmoor------7, 792 Cuba under ex-name Newdene— Huta Florian------7,258 Hemisphere ______8, 718 . British) ______7,165 Huta Labedy______7,221 Ho Fung______7,121 Free Trader (previous trips to Huta Ostrowiec------7,179 Huntsfield ______9,483 Cuba—Lebanese) ______7,061 Huta Zgoda------6,840 Huntsland ______9, 353 Katerina (previous trips to Cuba— Hutnik ______10,847 H untsm ore______5, 678 Lebanese) ______9,357 Kopalnia Bobrek______7,221 H untsville______9, 486 * »Marika (trip to Cuba— Leba­ Kopalnia Czladz______7,252 Inchstuart ______7, 043 nese) ______7,290 Kopalnia Miechowice______7,223 *»Jeb Lee (trip to Cuba under ex- Newf orest (previous trips to Kopalnia Siemianowice______7,165 name Garthdale— British)------7, 542 Cuba— British) ---- _.------7,189 Kopalnia Wujek______7,033 Jollity ______8, 819 Newgate (previous trips to Cuba— P ia s t______3,184 »•Kali Elpis (trips to Cuba under B r itis h )______6, 743 Rejowiec ______3,401 ex-name Ardmore— British) — 4, 664 Newmoor (previous trips to Cuba Transportowiec______10,854 * »Kelso (trips to Cuba under ex­ — British) ______7,168 name Ardgem— British) ------6, 981 »»Olga (trips to Cuba— Lebanese Italian (12 ships)------107,428 K in r o ss______5, 388 and Greek)______7,265 •La Hortensia______9,486 Protoklitos ______6,154 A ch ille ______6,950 . L in k m oor------S— 8, 155 Sunrise (previous trips to Cuba Agostino Bertani______8,380 Magister ------2,239 under ex-name Anatoli— Greek) 7, 216 Atria (tanker)______12,845 Nancy Dee------6, 597 Vassiliki (previous trips to Cuba— Caprera ______7,189 Nebula ______8,907 Lebanese) ______7,192 Elia (tanker)______11,021 Newglade — — ------— 7,368 Zela M. (previous trips to Cuba— Geremia (previous trips to Cuba N ew heath______— 7, 643 British) ------7, 237 under ex-name Mariasusanna— Newlane ------— 7, 043 I ta lia n )------N e w m o a t______7, 151 Lebanese (23 ships)------— 162,767 Giuseppe Giulietti (tanker)------17,519 Oceantramp ______6, 185 »»Graziella Zeta (trips to Cuba Oceantravel ------—_____------10,419 Alaska ______6, 989 under ex-name Montiron— Peony ______— ------9, 037 A n to n is______6, 259 I ta lia n ------Red Sea (previous trip to Cuba A s tir ------5,324 Nino Bixio______8-“ ! under ex-name Grosvenor Mar­ A ttic o s------7,257 San Francesco------iner— British) ______7, 026 G ia n n is______5, 270 San Nicola (tanker)------anna * »Rosetta Maud— (trips to Cuba Giorgos Tsakiroglou------7,240 Santa Lucia______under ex-name Ardtara—Brit­ G ranikos------7,282 ish) ______5,795 Ile n a ______5, 925 Finnish (8 ships)------501 Ruthy Ann------7, 361 Ioannis Aspiotis______7,297 Sandsend ------7, 236 M a n tric______— 7, 255 * »Aleksi (trip to Cuba under ex- Marichristina______7,124 name Amfred— Swedish)------2> Santa Granda------7, 229 . 3,91t> Sea Amber______10,421 M ou sse------— ------9, 307 A tla s ------Sea Coral______10,421 N ic tric______7, 296 Augusta Paulin------Sea Empress______— __ 9,841 N oelle------7,251 Isomeri _ ~ ...... 7’010 S easage______-— ------4, 330 F anagos______7,134 Jytte Paulin------_’ 251 Shienfoon______7, 127 Rio ______- ...... — ------7,194 Margrethe Paulin------’ g2g Southgate— (previous trips to San Spyridon------7, 260 Ragni Paulin------n ’ 631 Guba under ex-name Arlington Stevo ______— 7, 066 Sword (tanker)— ------* . Court— British) ------9,662 Tertric — _____ .______7, 045 Venice ______8, 611 T o n y ______7,176 Panamanian (8 ships)------^8| 82_ Vercharmian ______7, 265 T o u la ______6,426 V ergm o n t______7,381 Vergolivada______6, 339 * * Avranchoise (trips to Cuba Yungfutary______'1 ------5,388 Yanxilas ______*------10,051 under ex-name Avranches jgg Yunglutaton ______— - 5,414 French) ------—’ Greek (16 ships)______117,327 »»Cathay Trader (trips to Cuba Cypriot (30 ships)------216, 226 under ex-name Suva Breeze ggg Agios Therapon------7,205 British) ------Acme ______— 7,173 *»Aliartos (trip to Cuba under * »Chung Thai (trip to Cuba under g g52 Agenor ------7, 139 ex-name Loradore— British) _ — 8,078 ex-name Somalia—Italian)------’ »»Thalie (trip to Cuba under ex- ^ ggg »»Aiolos n— (trips to Cuba— Andromachi (previous trips to Lebanese) ------7, 256 Cuba under ex-name Penel­ name Maroudio— Greek)------Akamas (previous trips to Cuba— ope-—G r e e k )______— ------6, 712 »»Tung Yih (trip to Cuba under ggS Lebanese) ______7, 285 »»Anna Maria (trips to Cuba un­ ex-name Aristefs— Lebanese) »»Tynlee (trip to Cuba under ex- * »Alice (trips to Cuba— Greek)___ 7, 189 der ex-name Helka— British)— 2, 111 B arbarino______7, 084 name Ardenode— British) ------Amfithea (previous trip to Cuba Calliopi Michalos--.------7,249 * »White Daisey (trips to Cuba un- g g35 under ex-name Antonia— Eftyhia ______------9,844 der ex-name Anacreon— GfeeK'" G re e k )____ ------5, 171 Irena ------7,232 * »Yu Lee (trips to Cuba under ex- ^ gg9 A m o n ______7,227 * »Lambros M. Fatsis (trip to Cuba name Dairen— British)------~ . Angelikl ______— 8, 482 under ex-name— Western Trader 33,975 *Anka ------7,314 — Greek) ______9, 268 French (7 ships)------_____— - Antonia II (previous trip to Cuba M e ry ______7, 258 Nicolaos F. (previous trip to Cuba * »Atlanta (trip to Cuba under ex- l2g2 under ex-name Stylianos N. under ex-name Nicolaos Fran-. name Enee— French) ------2,874 Vlassopulos— G r e e k )______7, 281 gistas— Greek) ______7,199 C irce------3,739 See footnotes at end of table. Nikolis M -______— 7,176 F o u la y a ------

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2535

Flag of Registry and N a m e o f Sh ip earliest opportunity consistent with such S ec. 3. The following number of vessels Gross contractual obligations. have been removed from this list, since French—Continued tonnage F lag o f R eg istry an d N a m e o f S h ip they have been broken up, sunk, etc. Mungo------4, 820 Broken up, sunk a. Since last report: None. Nelee------2> 874 Flag of registry or wrecked b. Previous Reports : Pen] a ______- — 3,777 B ritish ______11 Senanque (tanker)------14, 659 N um ber of ships Cypriot______10 French ______1 Flag of Registry (total)______108 Yugoslav (8 ships)------58,063 G ree k ______12 Ita lia n ______:______3 B ritish ______41 •Bar______8 > 778 Lebanese______22 Cetinje------7 ,2 2 0 Cypriot ______3 Maltese ______Kolasin ______7,217 D an ish ______1 1 Monaco ______l F in n ish ______.'______2 Mo j ko va c ------7,142 Moroccan______l Piva ------7> 519 F ren ch ______l Norwegian ______German (West)______1 1 Plod ______------3» 657 South African______2 Subicevac ______9 ,033 G reek ______•__29 Sw edish______;______l Tara...... :------7,499 I s r a e li______l Y u goslav______4 Ita lia n ______5 Maltese (4 ships)------— 27,097 ■ Japanese______l K u w aiti______l T otal______70 Amalia (previous trips to Cuba— Lebanese______9 S ec. 4. The ships listed in sections 1 British) ______7, 304 Norwegian ______5 and 2 have made the following number Ispahan______;------7,169 S pan ish ______6 of trips to Cuba since January 1, 1963, Soclyve (previous trips to Cuba— Swedish______l British)______— 7,291 based on information received through Timios Stavros (previous trips to Yugoslav______l January 23,1968. Cuba—British and Greek)------5, 333 Number o i trips Moroccan (4 ships)______^___ :__ 32,746 Flag ofYegistry Atlas______10, 392 1967 1968 Total Marrakech______3, 214 1963 1964 1965 1966 Mauritanie______10,392 Jan.- Sept. Oct. Nov. Dee. Jan. Toubkal______¿1 8, 748 Aug.

Netherlands (2 ships)______1 , 615 British___ I...... 133 180 126 101 52 3 12 4 7 1 619 Lebanese...... __ 64 91 58 25 12 2 1 1 1 265 Meike______500 Greek., ...... 99 27 23 27 22 2 1 3 1 205 Italian______16 Tempo ______1 ,115 20 24 11 7 2 1 1 82 C y p r i o t ...... 1 17 27 27 4 6 3 2 2 89 Yugoslav______12 11 15 10 8 2 3 Pakistani (2 ships)______15, 762 French...... 8 9 9 10 5 1 1 Finnish...... 1 4 5 11 9 2 i 33 Spanish...... 8 17 ••Haringhata (trip to Cuba under Norwegian______14 10 ex-name Ardpatrick— British) 7, 054 Moroccan...... 9 13 1 ’ •Maulabaksh (trip to Cuba under Maltese...... 2 6 1 3 1 Netherlands______4 2 ex-name Phoenician Dawn and Sw edish______3 3 East Breeze— British)______8, 708 Kuwaiti______2 1 Israeli______2 Guinean (1 ship)______852 Danish...... ; 1 German (West)...... 1 Haitian______1 MDrame Oumar (trip to Cuba un­ Japanese______1 der ex-name Neve— French)____ 852 Monaco...... 1 Somali...... i 1 Somali (2 ships)______14,400 Subtotal_____ 370 394 290 224 145 20 22 13 17 5 1,500 Polish...... 18 16 12 10 7 1 1 2 67 Aragon------7,201 Erato (previous trips to Cuba un­ Grand total.. 388 410 302 234 152 21 22 14 19 5 1,567 der ex-name Eretriar—Greek) ___ 7,199 N ote: Trip totals in this section exceed ship totals in sees. 1 and 2 because some of the ships made more than Sec. 2. In accordance with approved 1 trip to Cuba. Monthly totals subject to revision as additional data become available. procedures, the vessels listed below which called at Cuba after January 1, 1963, Pave reacquired eligibility to carry U.S. •Added to Rep. No. 85, appearing in the F ederal R egister issue of January 4,1 9 6 8 . wovemment-financed cargoes from the # Ships appearing on the list which have made no trips to Cuba under the present registry. united States by virtue of the persons Dated: January 26,1968. wno control the vessels having given sat- By order of the Acting Maritime Administrator. lactory certification and assurance: James S. D aw son, Jr., ffjfv? su°k ^ssels will not, thence- Secretary. Un . emPl°yed in the Cuba trade so J»ng as it remains the policy of the U.S. [F.R. Doc. 68-1299; Filed, Feb. 1, 1968; 8:48 a.m.] vernment to discourage such trade; and versity of Texas to operate its TRIGA ATOMIC ENERGY COMMISSION Mark I pool-type nuclear reactor on the That no other vessel under their [Docket No. 50-192] campus at Austin, Tex., at power levels p rol will thenceforth be employed in up to 10 kwt. The amendment would au­ e Cuba trade, except as provided hi UNIVERSITY OF TEXAS thorize the university to operate the Paragraph (c ); and reactor at power levels up to 250 kwt, Notice of Proposed Issuance of Facility vess^s under their control in accordance with technical specifica­ License Amendment tions to be incorporated into the amend­ f r 6 f * covered by contractual obliga- ed license. Dri ’ “Ending charters, entered into The Atomic Energy Commission (“the Commission”) is considering the issu­ Within fifteen (15) days from the date or to December 16, 1963, requiring ance of Amendment No. 3, in the form of publication of this notice in the F ed­ be wm!j*0yinen*' ^ Cuba trade shall set forth below, to Facility license No. eral R egister, the applicant may file a withdrawn from such trade at the R-92. The license authorizes The Uni- request for a hearing, and any person

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2536 NOTICES

whose interest may be affected by this campus at Austin, Tex., and described in the the operation of the reactor which prevented proceeding may file a petition for leave University’s application for license dated a nuclear system from performing its safety October 31, 1961, and amendments thereto, function as described in the technical specifi. to intervene. Requests for hearings and including the application for amendment cations. For each such occurrence, the 11- petitions to intervene shall be filed in dated August 9, 1967 (hereinafter referred to censee shall promptly notify by telephone accordance with the provisions of the as “the application”), and authorized for or telegraph, the Director of the appropriate Commission’s Regulations (10 CFR Part construction by Construction Permit No. Atomic Energy Commission Regional Com­ 2). If a request for a hearing or a petition CPRR-70. pliance Office listed in Appendix D of 10 for leave to intervene is filed within the 2. Subject to the conditions and require­ CFR Part 20 and shall submit within ten (10) time prescribed in this notice, the Com­ ments incorporated herein, the Commission days a report in writing to the Director, mission will issue a notice of hearing hereby licenses The University of Texas Division of Reactor Licensing (hereinafter, (hereinafter "the licensee”) . “Director, DRL” ) with a copy to the Regional or an appropriate order. A. Pursuant to section 104c of the Act and Compliance Office. For further details with respect to this Title 10, CFR, Chapter 1, Part 50, “Licensing 2. The licensee shall report to the Director, amendment, see (1) the licensee’s appli­ of Production and Utilization Facilities,” to DRL, in writing within thirty (30) days of its cation for license amendment dated Au­ possess and operate the reactor as a utiliza­ occurrence, any substantial variance disclosed gust 9, 1967, and (2) a related Safety tion facility at the designated location in by operation of the reactor from performance Evaluation prepared by the Division of Austin, Tex., in accordance with the proce­ specifications contained in the Safety Reactor Licensing, both of which are dures and limitations described in the ap­ Analysis Report or the Technical Specifica­ plication and this license; tions. available for public inspection at the B. Pursuant to the Act and Title 10, .CFR, 3. The licensee shall report to the Di­ Commission’s Public Document Room, Chapter 1, Part 70, “Special Nuclear Ma­ rector, DRL, in writing within thirty (30) 1717 H Street NW., Washington, D.C. terial,” to receive, possess and use up to 2.500 days of its occurrence, any significant change A copy of item (2) above may be ob­ kilograms of contained uranium 235 for use in the transient or accident analysis, as de­ tained at the Commission’s Public Docu­ in connection with operation of the reactor; scribed in the Safety Analysis Report. ment Room or upon request addressed and 4. This amendment is effective as of the to the Atomic Energy Commission, C. Pursuant to the Act and Title 10, Chap­ date of issuance, and shall expire at midnight February 12,1972. Washington, D.C. 20545, Attention: Di­ ter 1, CFR, Part 30— “Rules of General Appli­ cability to Licensing of Byproduct Material,” For the Atomic Energy Commission. rector, Division of Reactor Licensing. to receive, possess and use a 7-curie sealed Dated at Bethesda, Md., this 25th day polonium-beryllium neutron source and a Date of issuance: of January 1968. 2 -curie sealed americium-beryllium neutron D onald J. Skovholt, source, either of which may be used for Assistant Director for Reactor Oper­ For the Atomic Energy Commission. reactor startup; and to possess, but not to ations, Division of Reactor Li­ separate, such byproduct material as may be censing. D onald J. Skovholt, produced by operation of the reactor. Assistant Director for Reactor 3. This license shall be deemed to contain [F.R. Doc. 68-1259; Filed, Feb. 1, 196 Operations, Division of Reac­ and be subject to the conditions specified in 8:45 a.m.] tor Licensing. Part 20, § 30.34 of Part 30, §§ 50.54 and 50.59 of Part 50, and § 70.32 of Part 70, and is sub­ P roposed A mended Facility L icense ject to all applicable provisions of the Act [License No. R-92, Arndt. 3] and rules, regulations and orders of the Com­ mission now or hereafter in effect; and is FEDERAL COMMUNICATIONS The Atomic Energy Commission (herein­ subject to the additional conditions specified after "the Commission”) has found that: or incorporated below: COMMISSION A. The application for license, as amended, A. Maximum Power Level. The licensee complies with the requirements of the may operate the reactor at steady state [FCC 68-90] Atomic Energy Act of 1954, as amended, power levels up to a maximum of 250 kilo­ and the Commission’s regulations set forth' watts (thermal). LICENSEES AND CANDIDATES in Title 10, Chapter 1, CFR; B. Technical Specifications. The technical B. The reactor has been constructed in Notice Regarding Election conformity with Construction Permit No. specifications for operation at power levels up to 250 kilowatts (thermal) contained in Complaints CPRR-70 and will operate in conformity with Appendix A hereto are hereby incorporated the application and in conformity with the January 26,1968. into this license. The licensee shall operate Act and the rules and regulations of the the reactor in accordance with these Techni­ The Commission, will give prompt at­ Commission; tention to all inquiries and complaints . C. There is reasonable assurance that the cal Specifications. No changes shall be made reactor can be operated at the designated in the technical specifications unless au­ involving the fairness doctrine and ecu®1 location without endangering the health and thorized by the Commission as provided in opportunities for political candidates in safety of the public; § 50.59 of 10 CFR Part 50. connection with 1968 primary and gen­ C. Records. In addition to those otherwise D. The University of Texas is technically required under this license and applicable eral elections. and financially qualified to operate the re­ regulations, the licensee shall keep the fol­ The Commission has found in the pas actor, to assume financial responsibility for lowing records: that good faith negotiations payment of Commission charges for special 1. Reactor operating records, including censees and those seeking use of bro nuclear material and to undertake and carry power levels and periods of operation at each out the proposed activities in accordance cast facilities have frequently lea power level. with the Commission’s regulations; mutually agreeable resolution 01 2. Records showing reactivity released or E. The possession and operation of the putes based on section 315 of the o discharged into the air or water beyond the munications Act and the fairn reactor and the receipt, possession and use effective control of the licensee as measured of special nuclear and byproduct material at or prior to the point of such release or doctrine. Accordingly, it again urg in the manner proposed in the application discharge. censees and candidates to engage m will not be inimical to the common defense 3. Records of emergency shutdowns and in­ negotiations before appealing w and security or to the health and safety advertent scrams, including reasons for Commission. of the public; and emergency shutdowns. The Commission also recommends - F. The University of Texas is a nonprofit 4. Records of maintenance operations in­ view by all parties of its Public N educational institution and will use the re­ volving substitution or replacement of re­ April 1966 “Use o f Bmadc actor for the conduct of educational activi­ actor equipment or components. of 27, — ties, and is therefore exempt from the finan­ 5. Records of experiments installed in­ Facilities by Candidates T°r. cial protection requirement of subsection cluding description, reactivity worths, lo­ Office”—and ot July 1. 1944-^“APP«? 170a of the Act. The university has executed cations, exposure time, total Irradiation and bllity ot the Fairness rioctn a tei an indemnity agreement pursuant to 10 any unusual events involved in their Handling of Controversial Issuesoi ^ CFR Part 140. handling. lie Importance.” In order to Facility License No. Rr-92, as amended, 6. Records of tests and measurements per­ the handling of complaints, a c is hereby amended in its entirety to read as formed pursuant to the technical specifica­ statement of facts should be f u r d jg j j follows: tions. D. Reports. In addition to reports other­ the Commission as quickly as po ^ 1. This license applies to the TRIGA Mark both the complainant and theijux I pool-type nuclear reactor (hereinafter “the wise required by applicable regulations: reactor” ) which is owned by The University 1. The licensee shall inform the Commis­and each should send to the oth of Texas and located on the University’s sion of any incident or condition related to of all communications directed w

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2537

Commission, including the initial com­ vember 25,1968. Although the licenses for (5) To determine, in light of the evi­ plaint and response thereto. WCHI and WKOV were renewed on Oc­ dence adduced pursuant to the foregoing The Commission also wishes to advise tober 13,1964 (after being deferred since issues, whether a grant of the applica­ licensees that they will be requested to October 1, 1961, because of outstanding tions for renewal of the licenses of Sta­ answer a questionnaire concerning po­ violations), grant of the renewals was tions WCHO, WCHI, and WKOV would litical broadcast activities during the pri­ based upon the licensees’ representations serve the public interest, convenience mary and general election campaigns of that all outstanding violations had been and necessity. 1968. Thus, licensees should retain not corrected or would be corrected as quickly 6. It is further ordered, That the only the records regarding political as possible. However, subsequent inspec­ Chief, Broadcast Bureau, is directed to broadcasts which are specified in the tion of these stations has revealed a con­ serve upon each of the applicants within Commission’s rules, but other informa­ tinuing pattern of violation. In the light 10 days of the release of this order a bill tion as well which will enable them to of the above facts, it would be appro­ of particulars setting forth the basis for supply the information requested by the priate to include in the issues herein all adoption of the above hearing issues. questionnaire. As in the past, informa­ matters pertaining to violations by 7. It is further ordered, That the tion will be requested on charges for WKOV occurring since October 8, 1958 Broadcast Bureau proceed with the ini­ political broadcasts, amount of time pur­ (the last time the license of WKOV was tial presentation of the evidence with chased, amount of sustaining time, num­ renewed prior to 1964); since July 27, respect to Issues (1), (2), and (3), and ber of political announcements, and edi­ 1960, for WCHI, when its license was that each of the applicants then proceed torializing in support of or against po­ assigned to Court House Broadcasting with its evidence and have the burden litical candidates. Co.; and since November 25, 1958, for of establishing that each possesses the Action by the Commission January 24, WCHO. requisite qualifications to be a licensee 1968. Commissioners Hyde (Chairman), 4. The Court House Broadcasting Co., of the Commission and that a grant of Bartley, Cox, Loevinger, Wadsworth and licensee of standard broadcast stations its application would serve the public in­ Johnson. WCHO and WCHI, owns all of the au­ terest, convenience and necessity. F ederal C ommunications thorized stock in Family Broadcasting 8. It is further ordered, That if the C o m m is s io n , Co* Inc., licensee of standard broadcast Hearing Examiner shall determine that [seal] B en F. W aple, station WKOV. W. N. Nungesser owns the entire hearing record does not war­ Secretary. 68 percent of the stock in Court House rant an order denying the applications [F.R. Doc. 68-1302; Filed, Feb. 1, 1968; Broadcasting Co. and votes all of the for renewal of licenses for WCHO, 8:48 a.m.] stock in Family Broadcasting Co. The WCHI, and WKOV, he shall make find­ foregoing indicates that W. N. Nunges­ ings of fact as to whether any willful or ser owns the controlling interest in all [Docket Nos. 17977— 17979; FCC 68-95] repeated violations of the Communica­ of the licensees herein, and in view of tions Act or the rules thereunder (as COURT HOUSE BROADCASTING CO. this fact, we believe that the orderly specified above and in the bill of partic­ AND FAMILY BROADCASTING CO., dispatch of the Commission’s business ulars) have taken place within 1 year INC. would be served by having the above- of the issuance of this order and, if so, captioned applications heard at one time shall recommend to the Commission Order Designating Applications for in a consolidated proceeding with all whether or not a forfeiture shall be Consolidated Hearing on Stated parties participating. Miss Lou Broad­ issued against any of the licensees in Issues and Notices of Apparent casting Corp., FCC 67-698; Image Radio, the amount of $10,000 or less pursuant Liability Inc., FCC 68-15. • to section 503(b) of the Communications 5. Accordingly, ft is ordered, That Act. In re applications of the Court House pursuant to section 309(e) of the Com­ 9. It is further ordered, That for the Broadcasting Co., for renewal of license munications Act of 1934, as amended, purposes above stated, this order is to be of standard broadcast station WCHO, the above-captioned applications for re­ considered as a notice of apparent lia­ Washington Court House, Ohio, Docket newal of licenses are designated for hear­ bility pursuant to section 503(b)(2) of No. 17977, File No. BR-2697; the Court ing in a consolidated proceeding to be the Communications Act. House Broadcasting Co., for renewal of held at the Commission’s offices in Wash­ 10. It is further ordered, That to avail license of standard broadcast station ington, D.C., at a time to be specified in WCHI, Chillicothe, Ohio, Docket No. itself of the opportunity to be heard, each a subsequent order, upon the following of the applicants herein, pursuant to 17978, File No. BR^3305; the Family issues: Broadcasting Co., Inc., for renewal of § 1.221 of the Commission’s rules, in (1) To determine the nature and ex­ person or by attorney, shall within standard broadcast station WKOV, tent of violations of the Commission’s ™®nse °f standard broadcast station twenty (20) days of the mailing of rules and regulations committed by each this order, file with the Commission, WKOV, Wellston, Ohio, Docket No. 17979, of the above-captioned applicants for Pile No. BR-2174. in triplicate, a written appearance stat­ which official notices of violations have ing an intention to appear on the date 1. The Commission has before it forbeen issued since October 8, 1958, for consideration the above-captioned appli- fixed for the hearing and present evi­ WKOV, November 25, 1958, for WCHO, dence on the issues specified in this order. nf anc* ^he Commission’s issuances and July 27, 1960, for WCHI. notices of violations to Stations 11. It is further ordered, That each of WCHO, WCHI, and WKOV and the li­ (2) To determine the nature of and the applicants herein shall, pursuant to censees responses thereto. circumstances surrounding the appli­ section 311(a)(2) of the Communica­ cants’ responses to the official notices of • issuance of the official notices tions Act of 1934, as amended, and § 1.594 violations set forth in Issue (1). tha + a^on?’ licensees’ responses of the Commission’s rules, give notice of ereto, and information before the Com- (3) To determine whether the appli­ the hearing within the time and in the ^ise a number of serious ques- cant for renewal of license of WCHO fal­ manner prescribed in such rule and shall bearing upon whether the above- sified or ordered falsification of the advise the Commission thereof as re­ uescnbed licensees possess the qualifica- operating logs of WCHO. quired by § 1.594 of the rules. tivp ?°,femain licensees of their respec­ (4) To determine whether, in light of Adopted: January 24,1968. ts «tatlons- In view of these questions, the evidence adduced pursuant to Issues 18 unable to find that a (1)—(3), above, any or all of the appli­ Released: January 30,1968. tinn* 0i , above-captioned applica- cants herein, in operation of their sta­ F ederal C ommunications serve the public interest, tions, engaged in conduct which reflected C o m m is io n ,1 thAm£!enc? an<* necessity and must, such negligence, carelessness, ineptness, [ seal] B e n F . W aple, hearing6’ <*es*gna*'e the applications for or disregard of the Commission’s proc­ Secretary. esses that the Commission cannot rely upon any or all of the applicants to ful­ [F.R. Doc. 68-1303; Filed, Feb. 1, 1968; tiorn^f1^ 1 because of continuing viola- 8:48 a.m.] for wprr^6, ru^e®> no renewal of license fill the duties and responsibilities of a 110 nas been granted since No­ licensee. 1 Commissioner Lee absent.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2538 NOTICES

[Docket No. 10834 etc.; POO 68M-168] GE, March 11, conflicts with the Hearing on the grounds that grant of the appli­ Examiner’s schedule). cation would cause petitioner’s station FLORIDA-GEORGIA TELEVISION CO., economic injury. We find that petitioner Issued: January 25, 1968. INC., ET AL. has standing, Federal Communications Released: January 30,1968. Commission v. Sanders Brothers Radio I Order Continuing Hearing Station, 309 U.S. 470, 60 S. Ct. 693, 9 F ederal Communications R R j 2008, since hoth stations will be in the In re applications of Florida-Georgia Commission, Television Co., Inc., Jacksonville, Fla., [ seal] B en F. W aple, same community. West Michigan con- j Docket No. 10834, File No. BPCT-1624; Secretary. tends that BCU-TV has not met the j Community First Corp., Jacksonville, higher standard of pleading required of i [F.R. Doc. 68-1305; Piled, Peb. 1, 1968; a petitioner who comes in for the first ! Fla., Docket No. 17582, File No. BPCT— 8:49 a.m.] 3681; the New Horizons Telecasting Co., time with a petition for reconsideration, i Inc., Jacksonville, Fla., Docket No. 17583, Valley Telecasting Co., Inc. v. Federal File No. BPCT-3731; Florida Gateway [Docket No. 17976; FCC 68- 86] Communications Commission, 118 U.S. App. D.C. 410, 336 F. 2d 914, 2 RR 2d Television Co., Jacksonville, Fia., Docket WEST MICHIGAN TELECASTERS, INC. No. 17584, File No. BPCT-3732; for con­ 2064, but BCU-TV insists that, as a mere struction permits. Memorandum Opinion and Order applicant during the time the West The Hearing Examiner having under Designating Application for Hear­ Michigan application was pending, it would have had no standing to file a consideration the informal request for ing on Stated Issues continuance of hearing filed on January petition to deny pursuant to section 25, 1968 by New Horizons Telecasting In the matter of West Michigan Tele­ 309(d) of the Communications Act. Al­ Co., Inc.; casters, Inc., Battle Creek, Mich., Docket though BCU-TV could have filed a pre­ It appearing, that all parties have con­ No. 17976, File No. BPTT-1337; for con­ grant informal objection pursuant to sented to immediate consideration and struction permit for UHF television § 1.587 of the Commission’s rules, we broadcast translator station. agree that it was not required to perform grant of the said request and good cause a useless act, i.e., filing a formal petition for grant is present in that a conflict in 1. The Commission has before it ior the calendar of counsel for petitioner consideration the above-captioned ap­ to deny when it had no standing. There with another Commission proceeding plication of West Michigan Telecasters, was insufficient time between grant of the BCU-TV application and grant of has arisen duetto it being scheduled for Inc. (West Michigan), licensee of Tele­ the translator application for BCU-TV oral argument in the U.S. Court of Ap­ vision Broadcast Station WZZM-TV, peals for the District of Columbia Circuit; Channel 13, Grand Rapids, Mich. (ABC), to file a petition to deny, but on November requesting a construction permit for a 20, 1967, it filed a timely petition for re­ It is ordered, That the said request is new 100-watt UHF television broadcast consideration. We do not believe that, granted and the date for commencement translator station to serve Battle Creek, under these particular circumstances, a of hearing herein is continued from Mich., by rebroadcasting Station WZZM- higher standard of pleading is required. February 5, 1968, to February 8, 1968, TV on output Channel 74; a Petition for 4. Station WZZM-TV is an ABC affili­ commencing at 10 a.m. in the offices of reconsideration, filed November 20, 1967, ate and the Battle Creek translator would the Commission at Washington, D.C. pursuant to section 405 of the Communi­ rebroadcast ABC network programing in Issued: January 26,1968. cations Act of 1934, as amended, by Battle Creek, BCU-TV’s principal com­ BCU-TV, permittee of Television Broad­ munity. BCU-TV contends that it has Released: January 30,1968. cast Station WWWU-TV, Channel 41, been negotiating for an ABC network F ederal Communications Battle Creek, Mich., * requesting recon­ affiliation and alleges that the prospects Commission, sideration of the action of October 13, for obtaining the affiliation are good. [ seal] B en F. W aple, 1967, by the Chief, Broadcast Bureau, The basic thrust of the petition is the Secretary. granting the above-captioned applica­ contention that, should BCU-TV acquire [F.R. Doc. 68-1304; Piled, Peb. 1, 1968; tion without hearing, pursuant to dele­ an ABC affiliation, operation of the West 8:48 a.m.] gated authority, and various pleadings Michigan translator in Battle Creek filed in connection therewith.1 would divert viewership, impairing the 2. On September 29, 1965, West Mich­ ability of the newly authorized UBF [Docket Nos. 17144, 17145; FCC 68M-169] igan filed the above-captioned applica­ television station to attract advertisers GENERAL ELECTRIC CABLEVISION tion and on November 1, 1965, BCU-TV and jeopardizing its chances to survive. CORP. filed an application (BPCT-3654) for a BCU-TV also contends that its network construction permit for a new UHP tele­ rate may be reduced if a translator were Order Continuing Hearing vision station to serve Battle Creek. On operating in its principal community September 27, 1967, the Commission carrying the same network programpf*? In re petitions of General Electric granted the BCU-TV application (Mary 5. Battle Creek is approximately 15 Cablevision Corp., Peoria, 111., Docket No. Jane Morris, et al., d/b as BCU-TV, 10 17144, File No. CATV 100-25; General miles beyond Station WZZM-TV’s pre­ FCC 2d 190)2 and on October 13, 1967, dicted Grade B contour and is within the Electric Cablevision Corp., Peoria the Chief, Broadcast Bureau, acting pur­ Heights and Bartonville, HI., Docket No. principal city contours of Stations suant to delegated authority, granted WOOD-TV, Channel 8, Grand Rapias, 17155, File No. CATV 100-59; For au­ the unopposed application of West Mich­ thority pursuant to § 74.1107 of the rules and WKZO-TV, Chanel 3, Kalamazoo. igan for the Battle Creek UHF translator. Battle Creek is also within the pr^£icil to operate CATV systems in the Peoria 3. Petitioner alleges standing in this television market. Grade A contour of Station WIBX-TV, proceeding as a “person aggrieved or Channel 10, Lansing, and the premctea It is ordered, That the unopposed whose interests are adversely affected” Grade-B contour of Station WJIM- ’ letter-request of counsel for General within the meaning of section 405 of the Channel 6, Lansing. Thus, the Aedgl ng Electric Cablevision Corp., dated Jan­ Communications Act of 1934, as amended, Battle Creek UHF television station mu» uary 10, 1968, is granted to the extent compete for audience and revenues _ _ that (1) the additional statement fur­ four VHF stations, two of which P nished by GE on January 24, 1968, is 1The Commission also has before it for field intensity signals of approxim considered to have been seasonably consideration an opposition, filed Dec. 5, the same strength over Battle cree delivered; (2) the date for receipt of 1967, by West Michigan, and a reply thereto, filed Dec. 15, 1967, by BCU-TV. would the UHF station. We have r notification of GE witnesses for cross- 2 The Commission’s grant of the BCU-TVpeatedly expressed our concr® the examination is extended from January 24 application is presently on appeal before the fostering optimum conditions w , U.S. Court of Appeals for the District of to February 7, 1968; and the hearing is Columbia Circuit, Case No. 21,396, West development and successful °Pe^at ^ rescheduled from February 19 to April 1, Michigan Telecasters, Inc. v. Federal Com­ UHF television stations and where, 1968 (the new hearing date proposed by munications Commission. here, a difficult competitive sit

FEDERAL REGISTER, V O L 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2539 exists at best, we believe that we must captioned application of West Michigan 1. This proceeding involves the mu­ determine the extent, if any, to which Telecasters, Inc., is designated for hear­ tually exclusive applications of “What our authorization of a translator, albeit ing at a time and place to be specified The Bible Says, Inc.” (WTBS); Oxbow a UHF translator, in Battle Creek re­ in a subsequent order, upon the follow­ Broadcasting Corp. (Oxbow); and John peating the same network programing as ing issues: B. Weeks (W eeks). Each seeks a license that proposed by the UHF television sta­ 1. To determine whether there is a for a standard broadcast station in its tion would imperil the chances of the need for the proposed television broad­ respective community to operate on 1140 UHF to survive and compete successfully. cast translator station. kHz. The Commission by order (FCC We recognize that BCU-TV may not yet 2. To determine whether grant of the 67-789, released July 19, 1967), desig­ have obtained an ABC affiliation, but it application would impede or impair the nated this proceeding for hearing on fi­ may well be that authorization of the opportunities for Station WWWU-TV, nancial, coverage, and suburban com­ translator would jeopardize BCU-TV’s Battle Creek, Mich., to compete sueess- munity1 issues directed to WTBS; and chances for success in its efforts. We fully. areas and populations, section 307(b), think that, in the particular circum­ 3. To determine whether grant of the and contingent comparative issues di­ stances of this case, grant of the trans­ application would tend to frustrate the rected to all applicants. Subsequent to lator application must be set aside and intent of the Commission to promote the designation, on July 31, 1967, WTBS by the application designated for hearing. early activation of a viable UHF tele­ its president, filed a “Notice of Appear­ 6. BCU-TV contends that West Michi­vision broadcast station in Battle Creek, ance.” 2 On August 25, 1967, Oxbow filed gan has not demonstrated a need for the Mich. a motion to dismiss the WTBS applica­ translator. We said, in Newhouse Broad­ tion, contending that WTBS was not casting Corporation, 8 FCC 2d 1122, 10 4. To determine, in the light of the represented by legal counsel.8 At the pre- evidence adduced in this proceeding, RR 2d 937: hearing conference of October 4, 1967, whether a grant of the application would We do not hold that every such (trans­ the Examiner, by oral ruling, denied the serve the public interest, convenience, motion to dismiss but struck the notice lator) applicant must make a showing of and necessity. need; we do believe, however, that where of appearance, stating: “I’m going to ac­ the question is put into issue by a party who It is further ordered, That BCU-TV, cept that notice of appearance as a state­ makes at least a prima facie showing of lack permittee of Station WWWU-TV, Battle ment of intention to appear at the hear­ of need, it is incumbent upon the applicant Creek, Mich., is made a party respondent ing.” In addition, the Examiner, relying to show that there is a need for the service in this proceeding. it proposes. on Charles B. Pinson, Inc., FCC 60-1107, It is further ordered, That, to avail 20 RR 793, accepted WTBS counsel’s Although BCU-TV has not made the themselves of the opportunity to be proper notice of appearance, filed Sep­ requisite showing, the need for this par­ heard, the applicant and the party re­ tember 1,1967; accepted the WTBS peti­ ticular translator is the heart of the spondent herein, pursuant to § 1.221(c) tion for simplified publication because it matter. Since we have determined that of the Commission’s rules, in person or was unopposed; and struck the petitions the application must be designated for by attorney, shall, within twenty (20) for leave to amend and for departure hearing in any event, we think that we days of the mailing of this order, file from strict conformity to the rules should ascertain, initially, whether there with the Commission, in triplicate, a “without prejudice to the right of counsel exists a real public need for the trans­ written appearance stating an intention for (WTBS) to refile those pleadings lator. We will, therefore, upon our own to appear on the date fixed for the hear­ within 15 days of the release date of motion, specify an issue on this question. ing and present evidence on the issues (the) orders incorporating (these) 7. We think that one further observa­ specified in this order. rulings * * (Tr. pp. 6 and 7.) The tion is appropriate in this case. The Com­ It is further ordered, That the appli­ oral order was formalized in the Ex­ mission has been informed of various cant herein shall, pursuant to section aminer’s memorandum of ruling of actions by the applicant (exclusive of the 311(a)(2) of the Communications Act October 12, 1967 (FCC 67M-1704). Pres­ court appeal noted in footnote 2, supra) of 1934, as amended, and § 1.594 of the ently before the Review Board is a peti­ Which, if successful, would effectively "Commission's rules, give notice of the tion to change and delete issues, filed delay or defeat BCU-TV’s efforts to ob­ hearing within the time and in the man­ by WTBS on October 27, 1967.* tain an ABC network affiliation and acti­ ner prescribed in such rule, and shall 2. Petitioner initially contends that vate its station at an early date. advise the Commission of the publica­ good cause is shown “ respecting the late­ Although the information presently tion of such notice as required by § 1.594 ness of the instant petition.” The Ex­ available is not sufficient to enable us (g) o f the rules. aminer’s order, it argues, should be in­ to determine whether any action by the Adopted: January 24,1968. terpreted to allow the filing of any plead­ Commission is indicated, we wish to make ing by it, within 15 days after the re­ it clear that the Hearing Examiner is Released: January 29,1968. lease of the order (Oct. 12, 1967), which, authorized to receive and evaluate, under under the rules, could have been filed up the issues specified, evidence relating to F ederal C ommunications to the time of the stricken notice of ap­ tactics employed by the applicant which C o m m is s io n ,1 pearance (July 31, 1967).® In petitioner’s raay have been designed or intended to [ seal] B en F . W aple, frustrate the early construction and Secretary. view, the. Examiner’s reliance on the Pinson case, supra, compels this result. activation of Station WWWU-TV. This [F.R. Doc. 68-1306; Filed, Feb. 1, 1968; Specifically, petitioner reasons that since evidence will be considered and weighed 8:49 a.m.] , arriving at a decision on the ultimate WTBS was without legal counsel, all of issue. its pleadings filed before the Examiner’s [Docket Nos. 17571— 17573; FCC 68R-36] 8. Upon reconsideration, the Commis- t° make the statutory find- WHAT THE BIBLE SAYS, INC., ET AL. 1 See note 9, infra. mg tna,t a grant of the application would 2 Several other pleadings were also filed by sarve the public interest, convenience Memorandum Opinion and Order the president, including a petition for sim­ a necessity and is of the opinion that Amending Designation Order plified publication, a petition for leave to e application must be designated for amend, and a petition for departure from nearing upon specific issues. In re applications of “What The Bible strict conformity to the rules. fwordingly, it is ordered, That the Says, Inc.,” Henrietta, N.Y., Docket No. 3 Sections 1.21 and 1.23(a) of the Commis­ sion’s rules. hv reconsideration filed herein 17571, File No. BP-17001; Oxbow Broad­ casting Corp., Geneseo, N.Y., Docket No. *• Also before the Review Board are the inrfi?JrTV is granted to the extent 17572, File No. BP-17399; John B. Weeks, following related pleadings: (a) Broadcast ar^d gra11^ of the above-cap- Bureau’s comments, filed Nov. 24, 1967; and Tpia« ^Plication of West Michigan Warsaw, N.Y., Docket No. 17573, File No. BP-17400; for construction permits. (b) reply to Broadcast Bureau’s comments, relecasters, Inc., is set aside, filed Dec. 5, 1967, by WTBS. toL “ father ordered, That, pursuant 6 No petitions to change or delete issues °i- i"*16 Communications 1 Commissioner Bartley voting to deny re­were filed by or on behalf of the petitioner or 1934,-as amended, the above- consideration.. Commissioner Lee absent. prior to the instant petition.

FEDERAL REGISTER, VOL. 33,. NO. 23— FRIDAY, FEBRUARY 2, 1968 No. 23------7 2540 NOTICES ruling are null, and that even if the were tendered8 indicating a possible re­ graphs, and maps in support of that WTBS president had previously filed a liance on donations and a rising balance assertion. petition similar to the instant one, it in an account specifically set aside by 7. The Review Board agrees with the would have been a nullity. Therefore, the petitioner to cover anticipated first- Broadcast Bureau that no unusual cir­ petitioner argues, “the practical effect year operating costs. That balance is now cumstances have been shown by WTBS of striking of this petition had it been $12,084.81. Petitioner contends that it in support of deletion of this issue; there­ under section 1.229 by the president of should not be restricted to showing that fore, in keeping with the Board’s well- WTBS during July, 1967 would have pro­ its first-year costs will be met from a established policy of refusing to delete duced exactly the same net result as will certain specified source, as the present issues based on material contained in obtain by permitting WTBS, through its issue would seem to indicate. On the con­ pleadings, we will deny petitioner’s re­ legal counsel, to timely file under sec­ trary, petitioner contends that it be re­ quest. See Quest for Life, Inc., FCC 67R- tion 1.229 during the 15-day period set quired to show only that it can meet 422, 10 FCC 2d 220; Nebraska Rural between October 12-27, 1967.” As to the the remaining costs7 “instantly * * * in Radio Ass’n., FCC 65R-158, 5 RR 2d 43; alleged procedural infirmity of this peti­ cash or some other liquid form * * * .” and Geoffrey A. Lapping, FCC 63R-349, tion, the Broadcast Bureau asserts that 5. The Commission does not require 1 RR 2d 159. Moreover, we note that the “the Examiner did not authorize or open an applicant to obtain the funds required issue, as presently set forth, adequately the door to any petitions that newly en­ to finance a proposed station from any provides WTBS an opportunity to show gaged legal counsel would deem neces­ particular specified source. But, as noted why this particular section of the rules sary.” The Bureau asserts that the peti­ by the Broadcast Bureau, the Commis­ should be waived. tion is unreasonably filed without justi­ sion does tailor financial issues to specifi­ 8. Petitioner also seeks deletion of fication and should therefore be dis­ cally meet the circumstances of the case. Issue No. 6, the “ suburban community” missed. Therefore, in this proceeding, the scope issue,9 contending that it should not have 3. The Review Board is of the opinion of the issue was limited to a determina­ to submit proof thereunder because it is a that, under the circumstances of this tion of whether a certain financial re­ noncommercial, nonprofit station pro­ case, the instant petition can properly source, specifically relied on by WTBS posing specialized religious programing be considered on its merits. It is quite as its main source, would in fact be avail­ with area-wide appeal,10 The Commis­ clear that the Commission in the Pin­ able to it. It appears from the petition, sion’s Policy Statement on Section son case permitted the corporate ap­ however, that the availability of funds 307(b) Considerations for Standard plicant to acquire the services of legal from this previously relied on source has Broadcast Facilities Involving Suburban counsel, to refile a notice of.appearance, become uncertain, and that such source Communities, 2 FCC 2d 190, 6 RR 2d and to submit “any pleading filed by is not now the main basis of the WTBS 1901 (1965), is, WTBS asserts, based such counsel within [15 days of the re­ financial proposal. In view of these primarily upon commercial factors; but lease of the order], which might properly changes in circumstances and the fact “where the concern of the applicant is have been filed up to and including the that certain predesignation amendments wholly and solely for purposes that are date of the filing of the ‘notice of ap­ do not appear to have been considered in religious, moral, spiritual, physical and pearance’ herein stricken.” (Emphasis the designation order, the Board will (in mental welfare and enjoyment of the supplied.) The Board is of the opinion order to prevent any confusion which general public without the slightest idea that the instant case presents circum­ ,may arise from the issue as originally or thought for personal or corporate stances similar to those in Pinson, and specified) modify the issue using the material gain, there appears to be no that the Examiner correctly relied on language suggested by the Broadcast good and valid reason for laying the bur­ that case in his order (see paragraph 2, Bureau, to take account of WTBS’s in­ den of the suburban issue upon WTBS.” supra). Additionally, the Examiner creased bank deposits, and to permit it WTBS also argues that there is no need stated at the prehearing conference: to establish that additional funds are for the issue where the service is “uni­ available from sources other then the versal” , or area-wide or regional in its I think that disposes of the outstanding sale of property. objectives, vision and approach. Simi­ .pleadings affecting the [WTBS] applica­ 6. WTBS requests a deletion of Issue larly, it contends that its proposal would tion and any subsequent pleadings filed after the application affecting this application No. 3, which reads as follows: be a first transmission service to those or relating thereto. To determine whether the proposal of persons in its coverage area who want [WTBS] would provide coverage of the city continuous religious broadcasting. Peti­ In light of the Pinson case, and the fact sought to be served, as required by § 73.188 tioner, in its reply pleading, cites Grace that none of the other parties have (b )(1 ) of the Commission’s rules, and, if alleged that acceptance of the instant not, whether circumstances exist which petition would prejudice them in any would warrant waiver of said section.8 9 The issue in this case reads as follows: To determine whether the proposal ox way, the Board is of the view that the In support of deletion, petitioner alleges [WTBS] will realistically provide a local petition should not be denied on pro­ that Henrietta, N.Y., the applicant’s transmission facility for its specified station cedural grounds. specified principal city, is not a “city” location or for another larger community m 4. As to the merits of the instant peti­ but a “town”, or “township”, and that light of all the relevant evidence including; tion, WTBS first argues that Issue No. 2 most of it is rural in nature. WTBS but not necessarily limited to, the showing with respect to: , should be revised. The issue, as pres­ asserts that even though a part of the (a) The extent to which the specified s - ently worded, reads in pertinent part as area which allegedly does not meet the tion location has been ascertained by follows: “To determine with respect to criteria of the rules is zoned “ industrial” , applicant to have separate and distinct pro­ the application of [WTBS]: (a) it is not in fact “ industrial” , and attached gramming needs; .. Whether the $60,000 in proceeds from to the petition is an affidavit of the Chief (b) The extent to which the needs of tne the sale of Elim Tabernacle Church is Administrative Officer of the town, photo- specified station location are being met y available to the applicant.” WTBS re­ existing standard broadcast stations; quests that this language be revised to (c) The extent to which the apples 6 All amendments were made prior to program proposal will meet the specinc^^ read as follows: designation. satisfied programming needs of of its spew (a) To determine whether the $41,091.36 7 The $41,091.36 figure is reached by WTBS fled station location; and . still needed to construct the proposed sta­ by subtracting, first, “ Unknown X -tras” , •(d) The extent to which the PTOJ^ T tion, and to operate it for 1 year, is avail­ $2,823.83, from the $56,000 allegedly needed sources of the applicant’s advertising able to the applicant. for the cost of construction and first year nues within its specified station locatio■ . operation (because this is not a part of adequate to support its proposal, as comp«* In support of this request, WTBS states the foreseeable construction costs of the with its projected sources from all that, originally (as set forth in its in­ station); and then subtracting from that areas. ' itial application), it relied on the sale the cash balance in the bank, $12,084.81. 19 This alleged area-wide appeal is soug of certain church property in order to 8 Section 73.188(b)(1) of the rules reads to be substantiated by WTBS with a establish its financial qualifications. As as follows: “ (b) The site selected should tions to the effect that surveys sho meet the following conditions: (1) A mini­ 34.6 percent of the population in Roc the contemplated sale of the property mum field intensity of 25 to. 50 m v/m will and 35.7 percent of the population i _ became less certain, petitioner states, be obtained over the business or factory areas teen outlying villages want the type ° y amendments to the WTBS application of the city.’’ graming proposed by WTBS.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2541

Washington office of the Federal Mari­ [Independent Ocean Freight Forwarder Broadcasters, Inc., FCC 67-124, 9 RR 2d License 1049] 459, in support of its request. time Commission, 1321 H Street NW., g’ as indicated above (para. 7), unless Room 609; or may inspect agreements WILLIAM R. ROWE CORP. unusual circumstances are shown, the at the offices of the District Managers, Review Board will not ordinarily delete New York, N.Y., New Orleans, La., and Revocation of License issues based upon material contained San Francisco, Calif. Comments with Whereas, by letter dated January 19, in pleadings or post-designation amend­ reference to an agreement including a 1968, William R. Rowe Corp./311 Cali­ ments. Quest for Life, Inc., supra; request for hearing, if desired, may be fornia Street, San Francisco, Calif. 94104, Nebraska Rural Radio Ass’n, supra; and submitted to the Secretary, Federal advised that it has ceased to operate as Geoffrey A. Lapping, supra. There is no Maritime Commission, Washington, D.C. an Independent Ocean Freight For­ allegation that the Commission, in 20573, within 10 days after publication warder; and of this notice in the F ederal R egister. designating these applications for hear­ Whereas, William R. Rowe Corp. has ing, overlooked any relevant matter or A copy of any such statement should also be forwarded to the party filing the returned Independent Ocean Freight that it was acting under a misapprehen­ Forwarder License No. 1049 to the Com­ sion of the facts. Therefore, the Board agreement (as indicated hereinafter), and the comments should indicate that mission for cancellation; finds no reason to depart from the gen­ Now therefore, by virtue of authority eral policy here, and petitioner’s request this has been done. vested in me by the Federal Maritime will be denied. While there appear to be Notice of agreement filed for approval certain factual similarities between this by: Commission as set forth in Manual of Orders, Commission Order No. 201.1 case and the Grace case cited by peti­ Mr. John Cunningham, Kominers & Fort, (Revised) Section 6.03. tioner, it is noteworthy that the Com­ Tower Building, 1401 K Street NW., Wash­ mission, in Grace, found that the ington, D.C. 20005. It is ordered, That the Independent Ocean Freight Forwarder License No. applicant had not attempted to locate Agreement No. T-466-1 between the its transmitter site to achieve maximum 1049 of William R. Rowe Corp. be and is Port of New Orleans (New Orleans) and hereby revoked, effective this date. coverage of the larger city. There is no United Fruit Co. (United Fruit) amends basis for making a similar finding here. the basic agreement which provides for It is further ordered, That a copy of Moreover, by waiving the Policy State­ the construction and repair of certain this order be published in the F ederal ment in the Grace case, the Commission facilities including a first call on berth R egister and served on the licensee. was able to make an immediate grant privilege. The purpose of the modifica­ L eroy F. F uller, since the applicant was fully qualified tion is to adjust the areas which will be Acting Director, in all respects. Here, on the other hand, subject to the first call on berth privilege. Bureau of Domestic Regulation. a hearing is required in any event, and the Board therefore is of the opinion Dated: January 30,1968. January 29, 1968. that the most appropriate manner of By order of the Federal Maritime Com­ [F.R. Doc. 68-1310; Filed, Feb. 1, 1968; resolving the 307(b) suburban commu­ mission. 8:49 a.m.] nity question is through the hearing T homas L isi, process. Secretary. [Independent Ocean Freight Forwarder 10. Accordingly, it is ordered, That License 992] the petition to change and delete issues, [F.R. Doc. 68-1308; Filed, Feb. 1, 1968; filed by “What The Bible Says, Inc.” on 8:49 a.m.] L B. WATSON CO. October 27,1967, is granted to the extent indicated below, and denied in all other [Independent Ocean Freight Forwarder Revocation of License License 433] respects; Whereas, Larry B. Watson, doing busi­ 11. It is further ordered, That Issue SAMUEL GODWIN’S SONS ness as L. B. Watson Co., Los Angeles, No. 2(a) specified in the designation Calif. 90013, ceased to operate as an order herein (FCC 67-789) is amended Revocation of License Independent Ocean Freight Forwarder; to read as follows: Whereas, Samuel Godwin’s Sons, 29 and (a) Whether applicant has, in addition to Broadway, New York, N.Y. 10006, has Whereas, Larry B. Watson, doing busi­ cash in bank deposit®, sufficient funds avail­ ceased to operate as an Independent ness as L. B. Watson Co., has returned able to meet its proposed construction and Ocean Freight Forwarder; and Independent Ocean Freight Forwarder operating costs. Whereas, Samuel Godwin’s Sons has- License No. 992 to the Commission; and Adopted: January 26, 1968, returned Independent Ocean Freight Whereas, by letter dated January 15, Forwarder License No. 433 to the Com­ Released: January 30, 1968. 1968, Larry B. Watson, doing business as mission; and L. B. Watson Co. has requested the Federal Communications Whereas, by letter dated January 16, cancellation of his Independent Ocean Commission, 1968, Samuel Godwin’s Sons, has re­ Freight Forwarder License No. 992; [seal] Ben F. W aple, quested the cancellation of its Independ­ Now therefore, by virtue of authority Secretary. ent Ocean Freight Forwarder License vested in me by the Federal Martime [F.R. Doc. 68-1307; Filed, Feb. 1, 1968; No. 433. Commission as set forth in Manual of 8:49 a.m.] Now, therefore, by virtue of authority Orders, Commission Order No. 201.1 vested in me by the Federal Maritime Commission as set forth in Manual of (Revised), Section 6.03; Orders, Commission Order No. 201.1 (Re­ It is ordered, That the Independent FEDERAL MARITIME COMMISSION vised) , § 6.03. Ocean Freight Forwarder License No. 992 It is ordered, That the Independent of Larry B. Watson, doing business as PORT OF NEW ORLEANS AND UNITED Ocean Freight Forwarder License No. 433 L. B. Watson Co., be and is hereby re­ FRUIT CO. of Samuel Godwin’s Sons be and is here­ voked effective this date. by revoked effective this date. Notice of Agreement Filed for It is further ordered, That a copy of It is further ordered, That a copy of Approval this order be published in the F ederal this order be published in the F e d e r a l Notice is hereby given that the follow­ R e g i s t e r and served on the licensee. R egister and served on the licensee. ing agreement has been filed with the Leroy F. F uller, Leroy F. Fuller, ^omission for approval pursuant to Acting Director, Acting Director, fction 15 of the Shipping Act, 1916, as Bureau of Domestic Regulation. Bureau of Domestic Regulation. amended (39 Stat. 733, 75 Stat. 763, 46 E-S.C. 814). January 29,1968. January 29, 1968. .Interested parties may inspect and ob- [F.R. Doc. 68-1309; Filed, Feb. 1, 1968; [F.R. Doc. 68-1311; Filed, Feb. 1, 1968; aui a cbPy of the agreement at the 8:49 a.m.] 8:49 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2542 NOTICES DEPARTMENT OF THE INTERIOR A ppendix Bureau of Indian Affairs Docket No. Purchaser Location Price Pressur basee WASHOE INDIANS OF ALPINE G-2801 »...... United Fuel Gas Co Erath, North Erath, and Erath- 21.25 15.025 COUNTY, CALIF. G-11749 i Shallow Fields, Vermilion Parish, G-14778 i La. G-2802...... do...... Transfer of Jurisdiction North Bourg Field, Lafourche and 218.0 15.026 Terrebonne Parishes, La. G-2803 1...... Januar y 27,1968. Florence Field, Vermilion Parish, 818.0 15.025 The members of the Washoe Tribe of La. G-3718...... Natural Gas Pipeline Company Old Ocean Field, Matagorda and <14.0 14.65 Indians who reside in the community of of America. Braxoria Counties, Tex. G-3719...... Red Fish Bay Field, Nueces County, «15.6 14.65 Woodfords, Alpine County, Calif., are Tex. hereby transferred from the jurisdiction G-3720______Iroquois Gas Corp Sheridan Field, Colorado County, « 16.6584 14.65 of the Sacramento Area Office, Bureau of Tex. G-3721 1____ ... Texas Eastern Transmission West Cosden et al., Fields, Bee et al. ' 14.1 14.65 Indian Affairs, Sacramento, Calif., to the Corp. Counties, Tex. « 10.92096 14.65 jurisdiction of the Nevada Agency, G-3722...... Spraherry Field, Glasscock et al. » 17.1632 14.65 Counties, Tex. Bureau of Indian Affairs, Stewart, Nev. G-3723-...... ' Natural Gas Pipeline Company East Bay City Field, Matagorda 1016.1536 14.65 This action is taken for the purpose of of America. County, Tex. G-3726______Brandt Field, Goliad County, Tex___ 13.1664 14.65 unifying the group of Indians affected G-3727______Transcontinental Gas Pipe Line LaGloria Field, Brooks and Jim Wells 1111.0 14.65 hereby with the main body of the Washoe Corp. . Counties, Tex. 12 12.0 «13.0 Tribe of Indians, who reside in the State G-3728______Tennessee Gas Pipeline Co., a East Bernard Field, Wharton County, « 15.6 14.65 of Nevada and whose organization is division of Tenneco, Inc. Tex. under the jurisdiction of the Nevada G-3729______Transcontinental Gas Pipe Line Ray-Wilcox Field, Bee County, Tex.. « 10.78069 14.65 Corp. « 12.78069 14.65 Agency, and is in accord with the recom­ G-3730 »...... Tennessee Gas Pipeline Co., a Sublime Field, Colorado County, Tex. « 15.6 14.65 mendation expressed in Resolution division of Tenneco, Inc. G-3731-...... North Lansing Field, Harrison 12.99828 14.65 67-W-9 adopted by the Washoe Tribal County, Tex. Council on February 10, 1967. G-3732...... Natural Gas Pipeline Company LaGloria Field, Brooks and Jim Wells ‘ 14.0 1465 of America. Counties, Tex. This transfer action is effective upon G-3733...... Transcontinental Gas Pipe Line West Bernard Field, Wharton County, 13.78069 1465 Corp. publication of this notice in the F ederal Tex. G-3734...... do______Harris et al. Fields Live Oak County, « 11.0 1465 R egister. Tex. « 12.0 R obert L. B e n n e t t , «13.0 G -3735...... Levelland Field, Hockley County, « 17.11475 14.65 Commissioner. Tex. [F.R. Doc. 68-1266; Filed, Feb. 1, 1968; G-3736...... Tennessee Gas Pipeline Co., a Mustang Island Field, Nueces County; «15.6 14.65 division of Tenneco, Inc. Tex. 8:46 a.m.] G-3737 ...... Natural Gas Pipeline Company West Bernard Field, Wharton County, « 16.1536 1465 G-11927 » of America. Tex. G-3740______Tennessee Gas Pipeline Co., a East Bay City Field, Matagorda «15.6 1465 division of Tenneco, Inc. County, Tex. G-3742...... Transcontinental Gas Pipe Line West Tuleta Field, Bee County, Tex.. « 10.78069 14.65 Corp. «12.78069 1465 FEDERAL POWER COMMISSION G-3743______Tennessee Gas Pipeline Co., a Placedo Field, Victoria County, Tex.. «15.6 1465 division of Tenneco, Inc. [Docket Nos. G-2801, etc.] G-4576...... Burnell-North Pettus Field, Bee, « 15.485 14.65 Karnes, and Goliad Counties, Tex. GETTY OIL CO. G-5927______Headlee Field, Ector and Midland «17.0816 14.65 Counties, Tex. Notice of Petition To Amend G-6261______Cities Service Gas Co___ West Edmond Field, Kingfisher and 10.5 14.65 Oklahoma Counties, Okla. G-6263______1465 J anuar y 22, 1968. Chickasha Field, Grady County, 12.0 Okla. Take notice that on October 9, 1967, G-6264 i______Justis and Langlie-Mattix Fields, Lea 10.0 1465 G-12522 » County, N. Mex. Getty Oil Co. (Petitioner), Post Office G-12894 > Box 1404, Houston, Tex. 77001, filed in G-19586 » Docket Nos. G-2801 et al., a petition to G-6265-...... Lone Star Gas Co...... Sholem Alechem Field, Carter Coun­ 12.0 14.65 ty, Okla. amend the orders issuing certificates of G-6266 ‘ ...... Langmat (King) Field, Lea County, » 15.50174 1465 public convenience and necessity pur­ N. Mex. G-6267 i ...... Hollywood Field, Terrebonne Parish, « 19.25 15.025 suant to section 7(c) of the Natural Gas La. Act to Tidewater Oil Co. (Tidewater) by G-6271...... ___ Texas Gas Transmission Corp___ South Lewisburg Field, Acadia and « 15.0 15.025 St. Landry Parish, Lá. substituting Petitioner in lieu of Tide­ G-6272 »______El Paso Natural Gas Co...... Blinebry et al. Fields, Lea County, N. «15.50174 1465 water as certificate holder, all as more G-13539 » Mex. fully set forth in the appendix hereto G-6273______Baxterville Field, Lamar and Marion »15.0 1465 Counties, Miss. and in the petition to amençl which is on G-6274______Gwinville Field, Jefferson Davis and «15.0 1465 file with the Commission and open to Simpson Counties, Miss. G-627S______Langmat (Christmas) Field, Lea « 17.0816 1465 public inspection. County, N. Mex. Effective September 30, 1967, Peti­ G-9486______Texas Eastern Transmission Corp. Nordheim Field, De Witt and Karnes 14.6 14.65 Counties, Tex. tioner merged Tidewater and acquired all 3.0 15.025 G-9882 ‘ ______Rodessa Field, Caddo Parish, La_____ 15.025 of Tidewater’s producing properties and G-10146...... Tennessee Gas Pipeline Co., a Various Blocks, West Delta Area, Off­ 2« 20.0 2119.0 division of Tenneco, Inc. shore Louisiana. 15.025 gas sales contracts. Petitioner proposes to G-10393-...... Transcontinental Gas Pipe Line Leleux Field, Vermilion and Acadia 218.0 continue sales of natural gas in inter­ Corp. Parishes, La. 1465 state commerce pursuant to said con­ G-10542...... West George West Field, Live Oak 14.6 Corp. County, Tex. 1465 tracts in lieu of Tidewater and has filed G-10860 ‘______Willow Springs Field, Gregg County, «15.6 notices of succession to Tidewater’s FPC Tex. 14.65 G-10994. . Midway Field, San Patricio County, «15.6 gas rate schedules. Tex. 15.025 G-11049______Tennessee Gas Pipeline Co., a East and West Cameron Areas, Off­ «o 19.0 Protests or petitions to intervene may division of Tenneco, Inc. shore Louisiana. 2119.0 2« 19.5 15.025 be filed with the Federal Power Commis­ G-11265______Michigan Wisconsin Pipe Line North Holly Beach Field, Cameron 22 20.0 sion, Washington, D.C. 20426, in accord­ Co. Parish, La. y 1465 G-11768...... Emperor Field, Winkler County, Tex. 16.0 15.025 ance with the rules of practice and pro­ G-11891______Manila Village Field, Jefferson Parish, 2« 20.0 La. 15.025 cedure (18 CFR 1.8 or 1.10) on or before G-12411 «...... Transcontinental Gas Pipe Line Northwest Gueydan Field, Acadia 2< 18.0 February 14, 1968. Corp. Parish, La. 15.025 G-13051..._____ Bayou Bouillon Field, St. Martin and 8 20.0 G ordon M . G rant, Iberville Parishes, La. Secretary. See footnotes at end of table.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 A ppendix— Continued Appendix— C ontinued

D o c k e t N o . Purchaser Location Price Pressure Docket No. Purchaser Location Price Pressure base base

0 -1 3 1 3 6 I United Gas Pipe Line Co...... Southeast Houma Field, Terrebonne 8 20.0 15.025 CI63-780...... Texas Eastern Transmission Warmsly Field, De Witt County, T ex.. 12.0 14.65 Parish, La. Corp. G-14986 ». Natural Gas Pipeline Company Texam-Elms Field, Live Oak County »415.5 14.65 CI63-824...... United Gas Pipe Line Co...... St. Martinsville Field, St. Martin 4819.25 15.025 of America. and Shaffer Ranch Area, Jim Wells . Parish, La. and Duval Counties, Tex. CI63-914...... Michigan Wisconsin Pipe Line Northeast Cedardale Field, Major 15.0 14.65 G-15103-. 8 20.0 15.025 Co. County, Okla. G-15543-. Panhandle Eastern Pipe Line C o. South Forgan Field, Beaver County, 16.0 14.65 CI63-1009...... Arkansas Louisiana Gas Co...... North Carter Field, Beckham Coun­ 15.0 14.65 Okla. ty, Okla. G-16172.. 8 20.0 15.025 CI63-1134...... Trunkline Gas Co...... Quicksand Creek Field, Newton «17.0 14.65 G-16194-. Northern Natural Gas C o...... Eumont Field, Lea County, N. Mex._ 811.7010 14.65 County, Tex. G-16267-. Trunkline Gas Co...... Chocolate Bayou Field, Brazoria 818.0 14.65 0163-1148...... Arkansas Louisiana Gas Co...... *>. Burmah Unit, Anthon Area, Custer 15.0 14.65 County, Tex. County, Okla. G-16928 l. Wunderlich Development Co.____ Southwest Ponca City Field, Kay 28 7.2 14.65 C164-788...... Natural Gas Pipeline Company Orangedale Field, Bee and Live Oak 4816.0 14.65 County, Okla. of America. Counties, Tex. G-17040-. West Texas Gathering Co______Emperor Field, Winkler County, Tex. 16.0 14.65 CI64-794 82...... Northern Natural Gas Co...... Northwest Hokit Field, Pecos Coun­ 15.0 14.65 G-17463-. Consolidated Gas Supply C orp ... Perry Field, Vermilion Parish, La___ 28 20.625 15.025 ty, Tex. G-17474 »...... do...... South Bosco Field, Acadia and Lafay­ 28 20.625 15.025 CÌ64-974...... Natural Gas Pipeline Company West Crane Field, Custer and Dewey 15.0 14.65 ette Parishes, La. of America. Counties, Okla. G-17475...... do...... _ 4...... West Rayne Field, Acadia Parish, L a. _ 28 20.625 15.025 CI64-1476______El Paso Natural Gas Co...... Dakota Field, San Juan County, 13.0 14.65 G-17483-...... do...... Jefferson Island Field, Iberia Parish,, 28 20.625 15.025 N. Mex. La. CI64-1519...... Montana-Dakota Utilities C o____ Muddy Ridge Field, Fremont County, 15.384 15.025 G-17578-- Florida Gas Transmission C o ..... Palacios Field, Matagorda County, 8 16.0 14.65 Wyo. Tex. CÏ65-258...... Lone Star Gas Co...... East Cruce Field, Stephens County, 15.0 14.65 G-17743-. El Paso Natural Gas Co...... r ___ Langlie-Mattix (Fowler Hair) Field, 10. 0 . 14.65 Okla. Lea County, N . Mex. C165-470...... El Paso Natural Gas Co_...... Roach Field, Reagan County, Tex___ 16.5 14.65 G-17951-. Transwestern Pipeline >Co...... Acreage in Beaver and Ellis Counties, 17.0 14.65 GI65-611______Natural Gas Pipeline Company Southeast Woodward Field, Wood­ 17.0 14.65 Okla. of America. ward County, Okla. G-18376 ». Florida Gas Transmission Co...... Palacios Field, Matagorda Coqnty, 6 16.0 14.65 C165-704...... Michigan Wisconsin Pipe Line Co. Kings Bayou Field, Cameron Parish, 19.0 15.025 Tex. / La. G-18710.. United Gas Pipe Line C o...... Hollywood Field, Terrebonne Parish, 20.25 15.025 CI65-1330 »...... Grand Valley Transmission Co__ Horse Point Unit, Grand County, 12.0 15.025 La. Utah. G-19719-. Tennessee Gas Pipeline Co., a Grand Isle Area, Jefferson and La- 2719.0 15.025 CI66-124 »______Trunkline Gas C o ...... South Thornwell Field, Jefferson 18.0 15.025 division of Tenneco, Inc. * fourche Parishes, Offshore Louis-

Davis Parish, La. NOTICES CI66-424 82...... American Louisiana Gas Co_____ Southwest Lake Arthur Field, Cam­ 20.625 15.025 CX60-1S...... L United Gas Pipe Line Co...... North Laward Field, Jackson Count,K 815.1792 14..65 eron Parish, La. Tex. CI66-557...... Natural Gas Pipeline Company Indian Basin Field, Eddy County, 16.608 14.65 CI60-142...... ____ do...... t...... West Bastian Bay, Plaquemines Par­ 28 20.0 15.025 of America. N. Mex. ish, La. CI66-1310 »...... Northern Natural Gas Co______Anadaxko Basin Area, Woodward, 17.0 14.65 CI60-158...... Colorado Interstate Gas Co...... Mocane Field, Beaver County, Okla.. 15.0 14.65 Ellis, and Dewey Counties, Okla. CI60-262...... Cities Service Gas C o ...... Southeast Woodward Field, Woodward 2817.0 14.65 CI67-528 32...... Texas Eastern Transmission Corp. Southwest Mercedes Field, Hidalgo 15.5 14.65 County, Okla. County, Tex. C160-335...... Southern Natural Gas Co...... Felice Bayou Field, Plaquemines Par­ « 20.0 15.025 CI67-862 32._ ___ Tennessee Gas Pipeline Co., a Ship Shoal Block 169 Field, Offshore 19.5 15.025 ish, La. division of Tenneco, Inc. Terrebonne Parish, La. CI60-430...... Tennessee Gas Pipeline Co., a Caillou Island Field, Terrebonne Par­ 38 19.5 15.025 CI67-100632...... Transwestern Pipeline Co...... Halley Field, Winkler County, T ex ... 16.5 14.65 division of Tenneco, Inc. ish, La. CI67-1357...... Texas Gas Transmission Corp___ North Bosco Field, Acadia Parish, La. 16.75 15.025 CI61-125...... Michigan Wisconsin Pipe Line Co. Holly Ridge Field, Tensas Parish, La. 18.5 15.025 CI67-1585______Southern Union Gathering Co___ San Juan Basin-Dakota Field, San 13.0 15.025 CI61-171______...... do...... Lacassine Refuge Field, Cameron 8120.0 15.025 Juan County, N. Mex. Parish, La. C168-8...... Arkansas Louisiana Gas Co_____ Okeene Field, Blaine County, O kla... 15.0 14.65 C161-1016 » » ___ Transwestern Pipeline Co...... Kermit Field, Winkler County, Tex.. 16.0 14.65 <3X61-4206 »...... E l Paso Natural Gas C o ...... San Juan Basin-Dakota Field, San 38 12.0495 14.65 Juan County, N. Mex. » “ Operator et al.” CI61-1253...... Arkansas Louisiana Gas Co...... Lassater Field, Marion County, T e x .. 12.99828 14.65 2 Raté in effect subject to refund iii Docket No. RI66-146. CI61-1599...... Oklahoma Natural Gas Gather- Ringwood Field, Major County, Okla. 84 12.0 14.65 3 Rate in effect subject to refund in Docket No. RI66-147. ing Corp. 4 Rate in effect subject to refund in Docket No. RI67-184. CI61-1663 »...... 'Texas Gas Transmission Corp___ Calhoun Field, Lincoln Parish, La___ 18.75 15.025 * Rate in effect subject to refund in Docket No. RI64-721. CI61-1689...... Southern Natural Gas Co...... Grange Field, Jefferson Davis and 88 20. 6 15.025 6 Settlement rate approved by Commission order issued Juiie 15 1962, in Docket Nos. G-13310 et al; Lawrence Counties, Miss. 7 Present effective rate under Rate Schedule No. 7. CI61-1789...... Texas Eastern Transmission Mercedes Field, Hidalgo County, Tex. 8815. 6 14.65 8 Present effective rate under Rate Schedule No. 63. Corp. * Rate in effect subject to refund in Docket Nos. RI61-445 and RI61-18. CI61-1809...... ■ Florida Gas Transmission Co...... Opelousas Field, St. Landry Parish, 87 20.0 15.02 . »° Rate in effect subject to refund in Docket No. RI65-344. »» For gas not requiring compression or is compressed by buyer. C162-137...... ^ Tennessee Gas Pipeline Co., a East Cameron Block 64 Field, Off­ 38 19.5 15.025 12 For gas presently compressed by buyer if seller takes over operation and maintenance of buyer’s facilities for division of Tenneco, Inc. shore Louisiana. remainder of contract term. C162-185...... El Paso Natural Gas C o ...... San Juan Basin-Mesa Verde Field, San 88 13.05363 15.025 13 For gas requiring compression if seller elects to install and operate compression facilities for remainder of contract Juan County, N. Mex. term. CI62-638 »...... Texas Gas Transmission Corp___ Duson Field, Lafayette Parish, La___ 48 20. 625 15.025 14 Rate in effect subject to refund in Docket No. RI64-726. CI62-987...... Northern Natural Gas Co...... Yates Casinghead Gas Plant, Pecos 14.5 14.65 18 Rate in effect subject to refund in Docket Nos. RI61-444 and RI61-17. County, Tex. 18 Rate in effect subject to refund in Docket No. RI65-344. C162-1282...... Florida Gas Transmission Co...... Opelousas Field, St. Landry Parish, 19.75 15.025 17 Rate in effect subject to refund in Docket No. RI66-103. La. 18 Rate in effect subject to refund in Docket No. RI64-762. C163-557...... Northern Natural Gas Co...... Como Field, Beaver County, Okla___ 17.0 14. 65 18 Ràte in effect subject to refund in Docket No. RI64-762. CI63-582...... Valley Gas Transmission, Inc...... West Dinero Field, Live Oak County, « 15.0 14.65 20 Rate in effect subject to refund in Docket No. RI65-15. Tex. 21 Being collected subject to refund pursuant to temporary certificate for sales from additional acreage; CI63-650...... Natural Gas Pipeline Company East Bay City Field, Matagorda 18.0 14.65 22 Rate suspended in Docket No. RI67-66 but has not been placed into effect. of America. County, Tex.

See footnotes at end of table. 2543

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 23 Rate suspended in Docket No. RI68-150 until Apr. 1,1968. 2544 24 Raté in effect subject to refund in Docket Nos. RI66-147 and RI65-456. Docket No. Applicant Location 25 Rate in effect subject to refund in Docket No. RI65-129. 26 Settlement rate approved by Commission order issued July 30,1962, in Docket Nos. G-13169 et al. 27 Settlement rate for basic acreage approved by settlement order issued Dec. 21, 1962, in Docket Nos. G-11024 CI68-817...... Norman E. Gagliardi, Agent...... Sherman District, Calhoun County, W. Va. and G-19855 et al. Tidewater is collecting 19 cents per Mcf subject to refund under conditioned temporary certificates CI68-818...... Do. issued for additional acreage. CI68-819______Lee District, Calhoun County, W. Va. 28 Rate found to be proper in Commission order of July 17, 1963, in Opinion No. 399 (Docket Nos. CP60-36 et al.). C168-820...... Center District, Calhoun County, W. Va. 29 Rate in effect subject to refund in Docket No. RI65-136. CI68-821...... do...... Sheridan District, Calhoun County,.W. Va. 80 Rate suspended in Docket No. RI67-41 but has not been.placed into effect. CI68-822...... Sherman District, Calhoun County, W. Va. 31 Rate suspended in Docket No. RI67-73 but has not been placed into effect. , CI68-823___ Lee District, Calhoun County, W. Va. 32 Pending—no permanent certificate issued. CI68-824.__ Do. 33 A previous rate of 14.05363 cents per Mcf was made effective subject to refund in Docket No. RI65-2. CI68-825______Center District, Gilmer County, W. Va. 34 Rate in effect subject to refund in Docket No. RI66-223. CI68-826__ Sherman District, Calhoun County, W. Va. 35 Rate found to be proper in Commission order of Oct. 26,1964, in Opinion No. 445 (Docket Nos. G-8592 et al.). CI68-827__ Do. 36 Rate in effect subject to refund in Docket No. RI67-323. CI68-828...... Phil D. Phillips ______Washington District, Calhoun County, W. Va. 37 Rate found proper in Opinion No. 436 issued July 23,1964, in Docket Nos. G-13221 et al. C168-829 Sherman District, Calhoun County, W. Va. 38 Settlement rate for basic acreage approved by settlement order issued Dec. 21,1962, in Docket Nos. G-11024 and CI6&830...... Calhoun County Bank, Agent for Center District, Gilmer County, W. Va. G-19855 et al. P. P. Gunn et al. 39 Rate in effect subject to refund in Docket No. RI65-3. CI68-831...... Norman E. Gagliardi, Agent______Sherman District, Calhoun County, W. Va. 40 Settlement rate approved by Commission order issued Dec. 26, 1963, in Docket Nos. G-13221 et al. CI68-832.__ Acreage in Calhoun County, W. Va. 41 Rate in effect subject to refund in Docket No. RI67-289. CI68-833 Lee District, Calhoun County, W. Va. 42 Rate found to be proper in Opinion No. 475. C168-834— Murphy District, Ritchie County, W. Va. 43 Rate found to be proper in Opinion No. 476. CI68-835___ D o. [F.R. Doc. 68-115Q; Filed, Feb. 1,1968; 8:45 a.m.] CI68-836 Sheridan District, Calhoun County, W. Va. CI68-837-__ Do. CI68-838. Sherman District, Calhoun County, W. Va. C168-839 __ Center District, Calhoun County, W. Va. [Docket No. CI68-817, etc.] 7 and 15 of the Natural Gas Act and the C l68-840 Lee District, Calhoun County, W. Va. CI68-841 Sheridan District, Calhoun County, W. Va. Commission’s rules of practice and pro­ CI68-842 Center District, Calhoun County, W. Va. NORMAN E. GAGLIARDI ET AL. cedure, a hearing will be held without C168-843 Sheridan District, Calhoun County, W. Va. Notice of Applications 1 further notice before the Commission on all applications in which no protest or [F.R. Doc. 68-1200; Filed, Feb. 1, 1968; 8:45 a.m.] January 25, 1968. petition to intervene is filed within the Take notice that on January 8, 1968, time required herein if the Commission each Applicant herein, c /o J. Edward on its own review of the matter believes [Docket No. G-4141, etc.] Take further notice that, pursuant to Litz, attorney, Post Office *Box 1473, that a grant of the certificates is required GULF OIL CORP. ET AL. the authority contained in and subject NOTICES Charleston, W. Va. 25325, filed in Docket by the public convenience and necessity. to the jurisdiction conferred upon the Nos. CI68-817 through CI68-843 appli­ Where a protest or petition for leave to Notice of Applications for Certificates, Federal Power Commission by sections cations pursuant to section 7(c) of the intervene is timely filed, or where the Abandonment of Service and Peti­ 7 and 15 of the Natural Gas Act and the Natural Gas Act for certificates of pub­ Commission on its own motion believes tions To Amend Certificates 1 Commission’s rules of practice and pro­ lic convenience and necessity author­ that a formal hearing is required, fur­ cedure, a hearing will be held without izing the sale for resale and delivery of ther notice of such hearing will be duly January 25,1968. further notice before the Commission natural gas in interstate commerce to given: Provided, however, That pursuant Take notice that each of the Appli­ on all applications in which no protest Cabot Corp. from various locations in to 18 CFR 2.56 as amended, all perma­ cants listed herein has filed an applica­ or petition to intervene is filed within the West Virginia at a total initial rate of nent certificates of public convenience tion or petition pursuant to section 7 time required herein if the Commission 17.5 cents per M cf at 15.325 p.s.i.a., all as and necessity granting applications, filed of the Natural Gas Act for authorization on its own review of the matter believes more fully set forth in the applications after July 1, 1967, without further no­ to sell natural gas in interstate com­ that a grant of the certificates or the which are on file with the Commission tice, will contain a condition precluding merce or to abandon service heretofore authorization for the proposed abandon­ and open to public inspection. any filing of an increased rate at a price authorized as described herein, all as ment is required by the public conven­ Protests or petitions to intervene may in excess of that designated for the par­ more fully described in the respective ience and necessity. Where a protest or be filed with the Federal Power Com­ ticular area of production for the period applications and amendments which are petition for leave to intervene is timely mission, Washington, D.C. 20426, in ac­ prescribed therein unless at the time of on file with the Commission and open to filed, or where the Commission on its cordance with the rules of practice and filing of protests or petitions to inter­ public inspection. own motion believes that a formal hear­ ing is required, further notice of such procedure (18 CFR 1.8 or 1.10) on or be­ vene the Applicant indicates in writing Protests or petitions to intervene may fore February 19,1968. that it is unwilling to accept such a con­ hearing will be duly given: Provided, dition. In the event Applicant is unwill­ be filed with the Federal Power Commis­ however, That pursuant to 18 CFR 2.56, Take further notice that, pursuant to sion, Washington, D.C. 20426, in accord­ as amended, all permanent certificates of the authority contained in and subject ing to accept such condition the applica­ tion will be set for formal hearing. ance with the rules of practice and pro­ public convenience and necessity grant­ to the jurisdiction conferred upon the ing applications, filed after July 1, 1967, Federal Power Commission by Sections Under the procedure herein provided cedure (18 CFR 1.8 or 1.10) on or before for, unless otherwise advised, it will be February 19,1968. without further notice, will contain a unnecessary for Applicants to appear or condition precluding any filing of an l This notice does not provide for consoli­ be represented at the hearing. increased rate at a price in excess of that dation for hearing of the several matters 1 This notice does not provide for consoli­ covered herein, nor should It be so con­ dation for bearing of the several matters designated for the particular area of strued. covered herein, nor should it be so construed. production for the period prescribed therein unless at the time of filing of Under the procedure herein provided Pres- protests or petitions to intervene the for, unless otherwise advised, it will be and date filed Applicant Purchaser, field, and location Price per M cf sure Applicant indicates in writing that it is unnecessary for Applicants to appear or base unwilling to accept such a condition. be represented at the hearing. In the event Applicant is unwilling to CI67-577.__ ,.__ Tom W. Penn, d.b.a. Penntex Trunkline Gas Co., acreage in 15.25 14.65 accept such condition the application G ordon M . G rant, C 1-15-68 Petroleum Co. (Operator) Harris County, Tex. et al., 618 Caroline, Houston, will be set for formal hearing. Secretary. Tex. 77002. CI67-1092...... Lyle K. Baker, agent, 59 For­ Equitable Gas Co., acreage in Tyler 25.0 15.325 C 1-10-68 rest St., Akron, Ohio 44306. County, W. Va. Docket No. Pres­ CI68-73...... Fairman Drilling Co., Post Consolidated Gas Supply Corp., 27.5 15.325 and date filed Applicant Purchaser, field, and location Price per M cf sure C 1-11-68 Office Box 288, DuBois, Pa. Banks Township, Indiana Coun- base 15801. ty, Pa. C168-495...... Tenneco Oil Co., Post Office Arkansas Louisiana Gas Co., Mans- »17.0 14.65 C 1-16-68 •Box 2511, Houston. Tex. 77001. field Field, Scott County, Ark. G-4141--...... Gulf Oil Corp., Post Office Box Tennessee Gas Pipeline Co., a divi­ Uneconomical CI68-568L...... H. H. Fuliilove et al. (successor 15.0 14.65 D 1-15-68 1589, Tulsa, Okla. 74102. sion of Tenneco,Inc., South Crow­ E 1-11-68 to Humble Cos., charitable Field, Newton County, Tex. ley Field, Acadia Parish, La. trust), 1616 West Loop South, G-10073...... Humble Oil & Refining Co., Cities Service Gas Co., Hardtner 0) Houston, Tex. 77027. D 1-12-68 Post Office Box 2180, Hous­ Pool, Barber County, Kans. CI68-844______Samedan Oil Corp., Gene P. United Gas Pipe Line Co., Midland Depleted ton, Tex. 77001. B 12-28-67 Morrell, attorney, Ardmore, Field, Acadia Parish, La. G-11408...... Okmar Oil Co. et al. (successor Colorado Interstate Gas Co., Green­ «17.0 14.65 Okla. 73401. E 1-5-68 to Shell Oil Co.), c/o David L. wood Field, Baca County, Colo. CI68-845...... L. L. V. & Associates, c/o North­ Consolidated Gas Supply Corp., 25.0 16 325 Fist, Attorney, 413 Mid­ A 1-9-68 western State Bank, Osseo, Union District, Ritchie County, states Bldg., Tulsa, Okla. Minn. 55961. W. Va. 74103. CI68-846-...... Sun Oil C o. (Southwest Divi- Breckenridge Gasoline Co., Rodessa 7.25 14.65 G-11637...... Gulf Oil Corp.*______E l Paso Natural Gas Co., Teague 10.0 14.65 A 1-9-68 sion) 1608 Walnut St., Phila- East (6,000') Mitchell Field, Cass 0 12-26-67 Blinebry Field, Lea County, phia, Pa. 19103. County, Tex. N. Mex. CI68-847...... J. C. Baker & Son, Inc., Gassa- Consolidated Gas Supply Corp., 25.0 15.325 G-11854______Sun Oil Co. (Southwest Divi- El Paso Natural Gas Co., Nena - 14.5 14.65 A 1-9-68 way, W. Va. 26624. Summersville District, Nicholas C 1-2-68 sion), 1608 Walnut St.,Phila­ Lucia Field, Nolan County, Tex.' County, W. Va. delphia, Pa. 19103. C168-848...... Wood Brothers, et al., Box 609, Tennessee Gas Pipeline Co., a di­ 16 0 14 65 G-13299______Sinclair Oil & Gas Co. (Opera­ Michigan Wisconsin Pipe Line Co., Assigned A 1-9-68 Mission, Tex. 78572. vision of Tenneco, Inc., Lockhart D 1-11-68 * tor) et al., Post Office Box Laverne Area, Beaver County, Field, Starr County, Tex. 521, Tulsa, Okla. 74102. Okla. CI68-849...... A. F. Marple & Co., 207 Charles Consolidated Gas Supply Corp., 25.0 16 325 G-13633______Union Producing Co. (Opera­ United Gas Pipe Line Co., Sligo (*) A 1-9-68 St., St. Marys, W. Va. 26170. Jefferson District, Pleasants D 5-10-67 tor) et al., Post Office Box Field, Bossier Parish, La. County, W. Va.

1407, Shreveport, La. 71102. CI68-850...... Smith-Morris Gas Co., c/o Consolidated Gas Supply Corp., 25.0 16 325 NOTICES G-16220...... M obil Oil Corp.,Post Office E IPaso Natural Gas Co., Brown- (*) A 1-9-68 Glenn L. Haught, agent. Murphy District, Ritchie Coun- D 1-15-68 Box 2444, Houston, Tex. Bassett Field, Terrell County, Smith ville, W. Va. 26178. ty, W. Va. 77001. Tex. CI68-851...... Texas Gas Exploration Corp., Texas Gas Transmission Corp., Mid­ 15.0 15.02 G-18995...... - Yucca Petroleum Co. (formerly Transwestern Pipeline Co., acreage * 17.0 14.65 A 1-10-68 et al., 1111 First City National land Gas Field, Muhlenberg . A 7-17-59 Baker & Taylor Drilling Co.), in Lipscomb County, Tex. Bank Bldg., Houston, Tex. County, Ky. as amended First National Bank Bldg., 77052. 5-9-60 Amarillo, Tex. 79101. C168-852______Sidwell Oil & Gas., Inc. (Op­ Panhandle Eastern Pipe Line Co., »19.38 14 65 D 3-22-63 A 1-10-68 erator) et al., Post Office Box acreage in Beaver County, Okla. CI60-466...... Cabot Corp. (SW) (Operator) Northern Natural Gas Co., acreage Assigned 2475, Pampa, Tex. 79065. D 1-8-68 * et al., Post Office Box 1101, in Beaver County, Okla. CI68-853...... Thomas H. Harrington et al., El Paso Natural Gas Co., Dakota 13.0 16025 Pampa, Tex. 79065. A 1-10-68 Post Office Box 4026, Station Field, Rio Arriba County, N. CI62-1184______Sinclair Oil & Gas Co______Arkansas Louisiana Gas Co., acre­ Assigned A., Albuquerque, N. Mex. Mex. D 1-11-68 8 age in Le Flore County, Okla. 87106. CI64-342...... Sohio Petroleum Co. (Operator) Mountain Fuel Supply Co., Nit- 15.0 15.025 CI68-854______Steve Duckworth, Gassaway, Equitable Gas Co., Otter District, 25.0 15.325 12-6-67« et al., 970 First National chie Gulch Area and Pine. Can­ A 1-10-68 W. Va. 26624. Braxton County, W. Va. Office Bldg., Oklahoma City, yon, Area, Sweetwater County, CI68-855______F. P. Schonwald Co. et al., 900 Panhandle Eastern Pipe Line Co., »17.0 14 65 Okla. 73102. Wyo. A 1-11-68 Petroleum Club Bldg., Okla- Southeast Arnett Field, Ellis CI64-546...... Sinclair Oil & Gas Co______Northern Natural Gas Co., acre­ Assigned homa City, Okla. 73102. County, Okla. D 1-11-68 » age in Beaver County, Okla. CI68-856...... A. T . Stautberg et al., 2318 Transcontinental Gas Pipe Line 16 0 15.025 CI64-546...... Sinclair Oil & Gas Co. (partial Northern Natural Gas Co., Leroy (“) A 1-11-68 Bank of the Southwest Bldg., Corp., East Le Blanc Field, Allen D 1-11-68 abondonment). Smith Unit, Ochiltree County, Houston, Tex. 77002. Parish, La. Tex. CI68-857...... - Mobil Oil Corp. (successor to Texas Eastern Transmission Corp., 12.0672 1465 CI64-902__ i ___ Delta Drilling Co. (Operator) Northern Natural Gas Co., Ozona 16.0 14.65 (G-3939) La Gloria Oü & Gas Co,.15, South Cottonwood Creek Field, C 12-13-67 et aL ls. Post Office Box 2012, Area, Crockett County, Tex. F 1-5-68 Post Office Box 2444, Houston, De Witt County, Tex. Tyler, Tex. 75201. Tex. 77001. CI64-904...... 0 . W . Gerwig, d.b.a. Gilco Consolidated Gas Supply Corp., 25.0 15.325 CI68-858 ...... El Paso Natural Gas Co., Langlie- Depleted C 1-11-68 Gas Co., Normantown, W. Center District, Gilmer County, B 1-11-68 Mattix Field, Lea County, N. Mex. Va. 25267. W . Va. CI68-859...... Arkansas Louisiana Gas Co., North Depleted CI65-688...... F. M. Ohisler and Harry C. Consolidated Gas Supply Corp., 25.0 15.325 B 1-11-68 Lansing Field, Harrison County, 0 1-11-68 Boggs, Route 2, Box 94, Fair- Washington District, Calhoun Tex. view, W. Va. 26570. County, W. Va. CI68-860...... E. C. Ware, Beauty, Ky. 41203.. United Fuel Gas Co., acreage In 23.0 16 325 CI65-799...... Gulf Oil Corp...... Natural Gas Pipeline Company of 17.0 14.65 A 1-15-68 Martin County, Ky. 0 1-11-68 America, Mobeetie (Douglas) CI68-861...... Southwest Oil Industries, Inc., Michigan Wisconsin Pipe Line Co., 17.0 14 65 Field, Wheeler County, Tex. A 1-12-68 801 First National Bldgi, Laverne Field, Beaver County, Filing code: A —Initial service. Oklahoma City, Okla. Okla. B—Abandonment: CI68-862...... General American Oil Co. of United Gas Pipe Line Co., Lawson 20.625 15.025 C—Amendment to add acreage; A 1-12-68 Texas, Meadows Bldg., Field, Acadia Parish, La. D —Amendment to delete acreage. * Dallas, Tex. 75206. E—Succession. CI68-863 Ralph Tudesco, First National Consolidated Gas Supply Corp., Uneconomical F—Partial succession. B 1-15-68 Bank of St. Marys, Agent, St. Sherman District, Calhoun Marys, W. Va. 26170. County, W. Va. See footnotes at end of table: 2545

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2546 NOTICES

[Docket No. RI68-384, etc.] Docket No. Pres­ and date filed Applicant Purchaser, field, and location Price per M cf sure HASSIE HUNT TRUST ET AL. base Order Providing for Hearings on and CI68-864...... C. Carroll Summers, Post Consolidated Gas Supply Corp., Suspension of Proposed Changes in B 1-15-68 Office Box 88292, Indianapolis, Ten Mile District, Harrison Ind. 46208. County, W. Va. Rates 1 CI68-865...... Maple Gas Co., Pennsboro, Consolidated Gas Supply Corp., J anuary 25, 1968. B 1-15-68 W. Va. 26415. Clay District, Ritchie County, W. Va. The Respondents named herein have CI68-866______Bush-Hall Gas Co., George W. Consolidated Gas Supply Corp., Uneconomical- charges of currently effective rate sched- B 1-15-68 Miller et al., Glenville, W. De Kalb District, Gilmer County, Va. 26351. W. Va. filed proposed increased rates and C168-867___ B. L. Burge et al., Box 1874, Consolidated Gas Supply Corp., ules for sales of natural gas under B 1-15-68 Parkersburg, W. Va. 26101. Washington District, Calhoun County, W. Va. Commission jurisdiction, as set forth in C168-868______Geosonic Corp., agent for Earl Consolidated Gas Supply Corp., Uneconomical . Appendix A hereof. B 1-15-68 W. Pierson et al., Post Office Salt Lick District, Braxton Box 22166, Houston, Tex. County, W. Va. The proposed changed rates and 77027. charges may be unjust, unreasonable, CI68-873-...... Kerr-McGee Corp., Kerr- Colorado Interstate Gas Co., Vilas « 14.6 14.65 unduly discriminatory, or preferential, A 1-15-68 McGee Bldg., Oklahoma Field Area, Baca County, Colo. City, Okla. 73102. or otherwise unlawful. CI68-874______Lone Star Gas Co., North Healdton Uneconomical- The Commission finds: It is in the B 1-8-68 Field, Carter County, Okla. CI68-875...... Austral Arkoma Co. (successor Arkansas Louisiana Gas Co., is 15. 0 14.65 public interest -and consistent with the (CI64-670) to Marathon Oil Co., Union Arkoma Area, Haskell and Lati­ Natural Gas Act that the Commission (CI63-215) Oil Co. of California and mer Counties, Okla. (CI63-20) Humble Oil & Refining Co.), enter upon hearings regarding the law­ F 1-4-68 2700 Humble Bldg., Houston, fulness of the proposed changes, and Tex. 77002. that the supplements herein be sus­ CI68-876...... Northern Natural Gas Co., East B 1-15-68 Balko Field, Beaver County, pended and their use be deferred as Okla. ordered below. CI68-877...... Sinclair Oil & Gas Co. (Opera­ tor) e t al.B 1-12-68 tor) et al.B Co., Willrode Field, Upton The Commission orders: (A) Under County, Tex. the Natural Gas Act, particularly sec­ CI68-878...... Panhandle Eastern Pipe Line Co., 1715.375 14.65 A 1-15-68 Dover-Hennessey Field, King­ tions 4 and 15, the regulations pertaining fisher et al. Counties, Okla. thereto (18 CFR Ch. I), and the Com­ CI68-879...... Tenneco Oil Co., Post Office Panhandle Eastern Pipe Line Co., « 15.0 14.65 mission’s rules of practice and procedure, A 1-16-68 Box 2511, Houston, Tex. Dover-Hennessey Gas Products 77001. Plant, Kingfisher County, Okla. public hearings shall be held concerning the lawfulness of the proposed changes. (B) Pending hearings and decisions 1 Production is no longer being obtained from subject property and well has been .abandoned. 2 Rate in effect subject to refund in Docket No. RI65-533. thereon, the rate supplements herein are 3 By letter filed Jan. 15, 1968, Applicant agreed to accept permanent authorization containing conditions similar suspended and their use deferred until to those imposed by Opinion No. 468, as modified by Opinion No. 468-A. 4 Deletes acreage assigned to Cleary Petroleum, Inc. date shown in the “Date Suspended Un­ 3 Deletes acreage assigned to Crystal Oil & Land Co. til” column, and thereafter until made 6 Acreage released to landowners. 7 By letter dated Oct. 27, 1967, Applicant agreed to accept permanent certificate at 17 per Mcf at 14.65 p.s.i.a. effective as prescribed by the Natural 8 Deletes nonproducing acreage assigned to An-Son Corp. Gas Act. 8 Amendment to certificate filed to include the interest of the “ et al.” parties and to designate Applicant as Operator (C) Until otherwise ordered by the 10 Deletes acreage assigned to Delta Corp. 11 Reserves insufficient to justify connecting to well on acreage. Commission, neither the suspended sup­ 12 B y letter filed Jan. 15, 1968, Applicant agreed to accept permanent authorization containing conditions similar plements, nor the rate schedules sought to those imposed by Opinion No. 468, as modified by Opinion No. 468-A. 13 Subject to upward and downward B.t.u. adjustment. to be altered, shall be changed until dis­ 14 Includes 2.38 cents upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. position of these proceedings or expira­ . u Successor to Hawn Bros, et al. La Gloria never made certificate filings covering subject acreage. 18 Subject to deduction for compression and/or treating cost, should Buyer compress or treat gas. tion of the suspension period. 17 Includes 0.375 cent upward B.t.u. adjustment. Subject to upward and downward B.t.u. adjustment. (D) Notices of intervention or peti­ tions to intervene may be filed with the [F.R. Doc. 68-1203; Filed, Feb. 1, 1968; 8:45 a.m.] Federal Power Commission, Washington, D.C. 20426, in accordance with the rules of practice and procedure (18 CFR 1.8 and 1.37(f) ) on or before March 6,1968. By the Commission. [ seal] G ordon M. G rant, Secretary.

1 Does not consolidate for hearing or dis­ pose of the several matters herein.

A ppèndix A

Effective Cents per Mcf R ate in. Sup­ effect sub­ Docket Respondent sched­ ple­ Purchaser and producing area of annual filing unless pended ject to Rate in Proposed refund in Np. ule ment increase tendered sus­ until— docket No. No. pended effect increased rate Nos.

RI68-384— Hassie Hunt Trust 2 17 Texas Eastern Transmission Corp. $750 12-28-67 »2-5-68 7-5-68 14.3733 3414.8733 RI64-53. (Operator) et al., (Southwest Speaks Field, Lavaca 1401 Elm St., County, Tex.) (RR. District No. 2). Dallas, Tex. 75202, Attn.: Donald K. Young, Esq. RI64-54. RI68-385__, William Herbert 2 15 Texas Eastern Transmission Corp. 1,750 12-28-67 22-5-67 7-5-68 14.3733 3 4 8733 Hunt Trust Estate (Arneckevilie Field, De Witt (Operator) et aL County, Tex.) (RR. District No. 2).

2 The stated effective date is the effective date requested b y Respondent. 4 Pressure base is 14.65 p.s.i.a. 3 Periodic rate increase.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2547

Hassie H u n t T ru st (O p e ra to r) e t al., a n d charges of currently effective rate sched­ the date of the issuance of this order William Herbert Hunt Trust Estate (Opera­ ules for sales of natural gas under Com­ Respondents shall each execute and file tor) et al. (b o th refe rre d t o h e r e in as H u n t ) , mission jurisdiction, as set forth in under its above-designated docket request th a t th e C o m m issio n a c c e p t th e ir Appendix A hereof. rate increases without suspension. In the number with the Secretary of the Com­ alternative, if the Commission should sus­ The proposed changed rates and mission its agreement and undertaking pend their increases, Hunt request that the charges may be unjust, unreasonable, to comply with the refunding and re­ suspension periods be limited to one day. unduly discriminatory, or preferential, porting procedure required by the Good cause has not been shown for granting or otherwise unlawful. Natural Gas Act and § 154.102 of the reg­ Hunt’s request for acceptance of their rate The Commission finds; It is in the ulations thereunder, accompanied by a Increases, w ith o u t su sp e n sio n , or f o r lim it­ certificate showing service of copies ing to 1 day the suspension periods with public interest and consistent with the respect to such rate filings and Hunt’s re­ Natural Gas Act that the Commission thereof upon all purchasers under the quest is denied. enter upon hearings regarding the law­ rate schedule involved. Unless Respond­ Hunt’s proposed rate increases exceed the fulness of the proposed changes, and ents are advised to the contrary within applicable area price level for increased that the supplements herein be sus­ 15 days after the filing of their respec­ rates in Texas Railroad District No. 2 as pended and their use be deferred as announced in the Commission’s statement tive agreements and undertakings, such ordered below. of general policy No. 61-1, as amended, and agreements and undertakings shall be should be suspended for 5 months from The Commission orders: deemed to have been accepted. February 5, 1968, th e p ro p o s e d effe ctiv e da te, (A) Under the Natural Gas Act, par­ as herein ordered. (C) Until otherwise ordered by the ticularly sections 4 and 15, the regula­ [F.R. Doc. 68-1204; F iled , F eb . 1, 1968; tions pertaining thereto (18 CFR Ch. I), Commission, neither the suspended 8 :4 5 a.m .] and the Commission’s rules of practice supplements, nor the rate schedules and procedure, public hearings shall be sought to be altered, shall be changed [Docket No. RI68-386, etc.] held concerning the lawfulness of the until disposition of these proceedings or SARKEYS, INC. proposed changes. expiration of the suspension period. (B) Pending hearings and decisions (D) Notices of intervention or peti­ Order Providing for Hearing on and thereon, the rate supplements herein tions to intervene may be filed with the Suspension of Proposed Changes in are suspended and their use deferred Rates, and Allowing Rate Changes until date shown in the “Date Sus­ Federal Power Commission, Washing­ To Become Effective Subject to pended Until” column, and thereafter ton, D.C. 20426, in accordance with the Refund 1 until made effective as prescribed by the rules of practice and procedure (18 CFR Natural Gas Act: Provided, however, January 25,1968. 1.8 and 1.37(f)) on or before’ March That the supplements to the rate sched­ 15, 1968. The Respondents named herein have ules filed by Respondents, as set forth filed proposed changes in rates and herein, shall become effective subject to By the Commission. 'Does not consolidate for hearing or dis­ refund on the date and in the manner [ s e a l ] G o r d o n M. G r a n t , pose of the several matters herein. herein prescribed if within 20 days from Secretary.

A ppendix A

Effective Cents per Mcf Rate in Rate Sup- Amount Date date Date effect sub- Docket Respondent sched­ ple- Purchaser and producing area of annual filing unless sus­ ject to No. ule ment increase tendered sus­ pended Rate in Proposed refund in No. No. pended until— effect Increased docket rate Nos.

RI68-386... Sarkeys, Inc., 4400 4 8 Michigan Wisconsin Pipe Line $43 1- 8-68 * 2- 8-68 * 2- 9-68 * 16,125 * * « * le. 140 North Lincoln Co. (Woodward Area, Dewey Blvd., Oklahoma County, Okla.) (Oklahoma City, Okla. “ Other” Area). RI68-387_ Big Chief Drilling 14 5 Oklahoma Natural Gas Gath­ 240 1- 4-68 »1- 4r-68 •1- 5-68 11.0 * « 12.0 Co., Post Office ering Corp.* (Ringwood Box 14837, Okla­ Field, Major County, Okla.) homa City, Okla. (Oklahoma “ Other” Area). 73114. RI68-388... Marathon Oil Co., 539 83 6 Lone Star Gas Co. (East 20 1- 2-68 *2-2-68 *2- 3-68 17.9 * » 17.915 RI66-74. South Main St., Durant Field, Bryan Coun­ Findlay, Ohio ty, Okla.) (Panhandle Area). 45840. RI68-389_ The Hefner Produc­ 4 1 Panhandle Eastern Pipe Line 3 1- 5-68 » 2 - 5-68 *2- 6-68 15.0 * * 15.01 tion Co., et al., Co. (Alva East Field, Woods Post Office Box County, Okla.) (Oklahoma 18777, Oklahoma mother” Area). „C ity , Okla. 73118. RI68-390_ The Hefner Produc­ 5 1 Northern Natural Gas Co. 51 1- 6-68 » 2- 5-68 *2- 6-68 «17.0 * • » 17.015 tion Co. (Operator) (Beaver Area, Beaver Coun­ et al. ty, Okla.) (Panhandle Area). -— .do...... 6 1 Panhandle Eastern Pipe Line 25 1- 5-68 “ 2- 5-68 *2- 6-68 » 18.054 * * • « 18.069 Co. (Tangiers Field, Wood­ ward County, Okla.) (Pan­ RI08-391. handle Area). The Hefner Produc­ 1 3 Colorado Interstate Gas Co. 1 1- 5-68 « 2 - 5-68 *2- 6-68 « « 17.0 4 f M u 17.015 RI64-420. tion Co. (Keyes Field, East Cimarron and Texas Counties, Okla.) RI68-392. (Panhandle Area). The Hefner Co. 4 8 Cimarron Transmission Co. 3 1- 5-68 112- 5-68 *2- 6-68 «15.84 ** «15.8575 ■ Office Box 18; (Enville Area, Love County, Oklahoma Ci Okla.) (Oklahoma “ Other” pjf|. SI68-393. Okla. 73118. Area). . The Hefner Co. 2 2 Lone Star Gas Co. (Fox- 29 1- 5-68 » 2 - 5-68 *2- 6-68 16.0 ‘ « 16.01 RI63-472. ■ (Operator) et Graham. Cruce, and Nellie Areas, -Carter and Stephens Counties, Okla.) (Oklahoma KI68-394... “ Other” Area). The Hefner Co. et al__ 5 1 Lone Star Gas Co. (East Doyle 1- 5-68 » 2 - 5-68 *2- 6-68 15.0 4*15.01 Field. Stephens County, Okla.) (Oklahoma “ Other” RI68-395... Area). Amerada Petr. 60 17 12 El Paso Natural Gas Co. (San 197 12-26-67 *1-26-68 1-27-68 » 12.0495 ‘ « »12.2295 Corp., Post i Juan Field, Rio Arriba Box 2040, To County, N. Mex.) (San Juan Okla. 74102. _ Basin Area).

No. 23- FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2548 NOTICES

a The stated effective date is the 1st day after expiration of the statutory notice. is Includes base price of 17 cents plus 1.054-cent upward B.t.u. adjustment. Base 8 The suspension period is limited to 1 day. price subject to upward and downward B.t.u. adjustment. < Tax reimbursement increase. M Subject to upward and downward B.t.u. adjustment. 8 Pressure base is 14.66 p.s.i.a. u Filing reflects that net rate before tax reimbursement is 13.6 cents due to appli- 6 Includes 0.015 cent tax reimbursement. cation of downward B.t.u. adjustment. 7 Includes base price of 15 cents plus B.t.u. adjustment. if> Includes base price of 15 cents plus 0.84-cent upward B.t.u. adjustment. Base 8 Oklahoma Natural Gas Gathering Corp. classified as a pipeline company in its price subject to upward and downward B.t.u. adjustment. certificate (CI61-1408) for resale of the gas to Cities Service Gas Co., at an initial 17 Pertains only to additional acreage dedicated b y -supplemental gas purchase rate of 17 cents. Oklahoma Natural’s related increase to 18 cents has been approved. agreement dated June 5,1967, and designated as Supplement *No. 11. However, Oklahoma Natural must flow through any refunds of its suppliers. is Pressure base is 15.025 p.s.i.a. 8 The stated effective date is the date of filing. w Includes partial reimbursement for full 2.55 percent New Mexico emergency 10 Periodic rate increase. school tax. 11 The stated effective date is the effective date requested b y Respondent. 20 Initial rate for additional acreage. 12 Subject to a downward B.t.u. adjustment. Sarkeys, Inc. (Sarkeys), requests waiver of imbursement for the full 2.55 percent New At a special election held on December the statutory notice to permit its proposed Miexico emergency school tax which was in­ 12, 1967, the voters of Elm City approved rate increase to become effective as of Janu­ creased from 2 percent to 2.55 percent on the proposed lease to Applicant by a vote ary 15, 1968. Marathon Oil Co. (Marathon) April 1, 1963. The buyer, El Paso Natural Gas of 287 to 12. requests a retroactive effective date of July 1, Go. (El Paso), in accordance with its policy of 1967. Amerada Petroleum Corp. request that protesting all tax filings proposing reim­ Applicant has agreed to pay a rental of Its proposed rate increase be permitted to bursement for the New Mexico emergency $26,484 for the first year, at the rate of become effective as of December 20, 1967. school tax in, excess of 0.55 percent, is ex­ $15,172 for èach of the second, third, and Good cause has not been shown for waiving pected to file a protest to this rate increase. fourth years and at the rate of $18,000 the 30-day notice requirement provided in El Paso questions the right of the producer annually thereafter. The lease agreement section 4(d) of the Natural Gas Act to per­ under the tax reimbursement clause to file a is for a period of 20 years. mit earlier effective dates for Sarkeys, Mara­ rate increase reflecting tax reimbursement Any person desiring to be heard or to thon, and Amerada’s rate filings and such computed on the basis of an increase in tax make any protest with reference to the rate by the New Mexico Legislature in excess requests are denied. application should on or before Febru­ Big Chief Drilling Co. (Big Chief) proposes of 0.55 percent. While El Paso concedes that the New Mexico tax legislation effected a ary 19, 1968, file with the Federal Power a periodic rate increase from 11 cents to 12 . Commission, Washington, D.C. 20426, cents per Mcf for a wellhead sale of gas to higher rate of at least 0.55 percent, it claims Oklahoma Natural Gas Corp. (ONG) from the there is controversy as to whether or not the petitions or protests in accordance with new legislation effected an increased tax rate Ringwood Area, Major County, Okla. (Okla­ the Commission’s rules of practice and homa “Other” Area). The area ceiling rate in excess of 0.55 percent. Although the pro­ procedure (18 CFR 1.8 or 1.10). The ap­ for increases in such area is 11 cents per posed rate does not exceed the applicable plication is on file with the Commission Mcf. The sale, covered under a contract dated area increased rate ceiling of 13 cents per and available for public inspection. June 1, 1966, was authorized under a tempo­ Mcf for the San Juan Basin Area, we con­ rary certificate issued December 15, 1967, clude that it should be suspended for 1 day G ordon M . G rant, in Docket No. CI67-184 at a conditioned from January 26, 1968, the date of expira­ Secretary. rate of 11 cents per Mcf.21 Big Chief was ad­ tion of the statutory notice. In view of the contractual problem presented, we shall pro­ [P.R. Doc. 68-1260; Filed, Feb. 1, 1968; vised in a letter granting the temporary 8:45 a.m.] certificate it could file a rate increase to the vide that the hearing herein shall concern 12 cents per Mcf contractual rate and re­ itself with the contractual basis for Ama- rada’s rate filing. Such hearing shall not in­ quest a shortened suspension period. Big [Doc. Nos. RP68-5— RP68-10] Chief requests waiver of notice and should volve any question as to the justness and the Commission suspend its rate increase reasonableness of the proposed rate. MANUFACTURERS LIGHT AND HEAT that the suspension period with respect [P.R. Doc. 68-1263; Piled, Feb. 1, 1968; CO. ET AL. thereto be limited to one day from the date of 8:45 a.m.] filing. Consistent with prior Commission ac­ Notice of Further Extension of Time tion on filings in the Ringwood Area, we be­ [Docket No. E-7394] for Filing Testimony and Exhibits lieve that it would be in the public interest to waive the 30 days notice requirement pro­ CAROLINA POWER & LIGHT CO. and Fixing Date for Prehearing vided in section 4(d) of the Natural Gas Act Conference to permit an effective date of January 1, 1968, Notice of Application January 26,1968. the date of filing, for Big Chief’s proposed rate increase, and to limit to 1 day the January 26,1968. The Manufacturers Light and Heat suspension period ordered herein for such Take notice that on January 19, 1968, Co., Docket No. RP68-5; United Fuel Gas rate filing. Carolina Power & Light Co. (Applicant) Co., Docket No. RP68-6; Atlantic Sea­ Sarkeys, Marathon, the Hefner Production filed an application seeking an order board Corp., Docket No. RP68-7; Ken­ Co., the Hefner Production Co. (Operator), et pursuant to section 203 of the Federal tucky Gas Transmission Corp., Docket al., the Hefner Production Co., the Hefner Co., Power Act authorizing the lease and No. RP68-8; The Ohio Fuel Gas Co., the Hefner Co. (Operator), et al., and the operation of the electric distribution Docket No. RP68-9; Home Gas Co., Hefner Co. et al., proposed rate increases re­ system owned by the town of Elm City, Docket No. RP68-10. flect tax reimbursement for the recently en­ N.C. On January 24, 1968, Respondents filed acted increase in Oklahoma excise tax from a motion for an extension of time within 0.02 cents to 0.04 cents per Mcf which became Applicant is incorporated under the effective on July 1, 1967. The proposed rates laws of the State of North Carolina with which to file testimony and exhibits in exceed the applicable 11 cents per Mcf area its principal business office at Raleigh, the above-designated proceedings. In the increased rate ceiling for the areas involved N.C. and is engaged in the electric utility motion, counsel for Respondents states as announced in the Commission’s statement business in 55 counties in North Carolina that Respondents and Interveners have of general policy No. 61-1, as amended (18 and 13 counties in South Carolina. agreed to the extension; CFR, Ch. I, Part 2, § 2.56). Since the proposed Notice is hereby given that the time increase relates to tax reimbursement result­ The facilities to be leased consist of is extended to February 12, 1968, within ing from the increase in Oklahoma excise tax, the entire electric distribution system which Respondents shall file testimony it is appropriate to suspend the aforemen­ owned by Elm City. These facilities serve tioned producers’ rate filings for 1 day. and exhibits; that the time is extended approximately 500 customers. Applicant to and including March 4, 1968, within Amarada Petroleum Corp.’s (Amarada) proposes, after the lease agreement which other parties and the Commission proposed rate increase reflects partial re- becomes effective, promptly to repair and Staff shall file testimony and exhibits, improve the electric distribution system and that the prehearing conference here­ of the town of Elm City, to integrate the tofore scheduled for March 5, 1968, is 21 By order issued Nov. 3, 1966, in Docket same with Applicant’s system, and postponed to March 19, 1968, at 10 a.m.. No. RP66-19, an increase by ONG from 17 thereafter to serve customers from said cents to 18.5 cents designed to compensate e.s.t., in a hearing room of the Feder system at the rates and subject to the Power Commission, 441 G Street N*v., only for an increase in the cost of purchased rules and regulations approved by the gas was accepted for filing and allowed to North Carolina Utilities Commission. Washington, D.C. 20426. become effective June 1, 1966, without obli­ G ordon M. G rant, gation to refund, except that ONG is required Elm City is now purchasing its require­ Secretary. to flow through any refunds received from its ments from the city of Wilson, N.C. producer-suppliers and to reduce its rate to which itself is a wholesale customer of [F.R. Doc. 68-1261; Filed, Feb. 1. I®68, reflect any rate reductions of such suppliers. the Applicant. 8:45 a.m.]

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2549

[Docket No. CP68—26] The Board has reviewed the entire minimum delay while retaining gen­ record in this matter, including its order erally good service, with only slight and SOUTHERN NATURAL GAS CO. of May 4, 1967, its accompanying state­ intermittent delay, to the other users in Notice of Petition To Amend ment of the same date, and the evidence, the general public. Telephone companies factual assertions, and arguments sub­ make no additional charge for these line­ January 29,1968. mitted in support of the petitions for load control arrangements. Take notice that on January 17, 1968, reconsideration. 5. Availability of essential service. Southern Natural Gas Co. (Petitioner), It is hereby ordered, Upon reconsidera­ Only a small percentage of the total lines Post Office Box 2563, Birmingham, Ala. tion and upon the entire record now in each telephone company central of­ 35202, filed in Docket No. CP68-26 a before the Board, for the reasons set fice can be designated “essential.” There­ petition to amend the order issuing a forth in the Board’s statement1 of this fore, the number of residential tele­ certificate of public convenience and date, that the Board’s order of May 4, phones that can be included in the “es­ necessity in said docket by authorizing 1967, be affirmed, and that said applica­ sential” category is extremely limited. Petitioner to sell and deliver additional tion be and hereby is denied. For this reason the head of each Federal gas to Carolina Pipeline Co. (Carolina), Dated at Washington, D.C., this 25th agency will be responsible for assuring all as more fully set forth in the petition day of January, 1968. that this service will be provided only to amend which is on file with the Com­ to those individuals whose emergency as­ mission and open to public inspection. By order of the Board of Governors.2 signments may require the capability to Petitioner is presently authorized to [ seal] R obert P. F orrestal, discharge emergency responsibilities render a temporary peaking service to Assistant Secretary. from their residence telephones. Carolina by the sale and delivery of 5,000 ♦ * * * * 6. Criteria and procedures for obtain­ Mcf of gas per day. At the request of [F.R. Doc. 68-1265; Filed, Feb. 1, 1968; ing essential service, a. The head of each Carolina Petitioner seeks authorization 8:46 a.m.] Federal agency will be responsible for herein to increase the temporary peaking designating key personnel whose resi­ service by 10,000 M cf per day for total dence telephones should be provided es­ service of 15,000 M cf of gas per day. sential service under line-load control Protests or petitions to intervene may GENERAL SERVICES arrangements. The agency head, as he be filed with the Federal Power Com­ deems necessary, may advise the heads mission, Washington, D.C. 20426, in ac­ ADMINISTRATION of subordinate elements of his agency; cordance with the rules of practice and i.e., regional offices, field activities, etc., procedure (18 CFR 1.8 or 1.10) on or [Federal Property Management Regulations, Temporary Reg. F-13 ] of this service. The agency head will also before February 23,1968. be responsible for establishing any in­ ESSENTIAL RESIDENCE TELEPHONE G ordon M . G rant, ternal procedures necessary to assure Secretary. SERVICE IN TIME OF EMERGENCY that the selection of employees will be [F.R. Doc. 68-1262; Filed, Feb. 1, 1968; 1. Purpose. This regulation establishes made in accordance with the criteria set 8 :4 5 a.m.] procedures whereby selected key person­ forth in TELECOM Circular 3300.1, and nel in Federal, civil agencies may be that the number of employees selected provided with essential undelayed tele­ will be kept to a minimum consistent phone service on their residence tele­ with emergency responsibilities. FEDERAL RESERVE SYSTEM phones during periods of natural disaster b. Normal residential telephone serv­ or natural emergency. These regulations ice will be adequate in most situations BT NEW YORK CORP. are issued pursuant to TELECOM Cir­ and will be subjected to the imposition of Order on Petitions for Reconsideration cular 3300.1, Essential Residence Tele­ line-load control delays only under the phone Service in Time of Emergency, most drastic and critical circumstances. In the matter of the application of BT issued by the Director of Telecommuni­ Therefore, each employee selected for New York Corp., Suflem, N.Y., for ap­ cations Management, Executive Office of essential service must have a responsi­ proval of acquisition of 80 percent or the President, on October 2, 1967. bility or function requiring undelayed more of the voting shares of Liberty Na­ 2. Effective date. This regulation is outgoing calling capability. Rank, grade, tional Bank and Trust Co., Buffalo, N.Y. effective immediately. or position are not determining factors. This matter comes before the Board" of 3. Expiration date. This regulation ex­ The fundamental determinant is: Does Governors on petitions of BT New York pires June 30, 1968. this person being considered have an Corp., Suffern, N.Y., and Liberty Na­ 4. Background. While the public tele­ emergency assignment requiring the im­ tional Bank and Trust Co., Buffalo, N.Y., phone system is designed to provide good mediate discharge of responsibilities requesting that the Board reconsider its telephone service to all subscribers, ab­ from his home telephone? order dated May 4, 1967, whereby the normal loads during emergencies may c. Lists of selected employees will be Board denied the application of BT New produce delays in originating calls which prepared by the agency headquarters, or York Corp., filed pursuant to section could hinder certain subscribers in carry­ subordinate field office, as directed by fine0* Bank Holding Company Act ing out essential emergency functions. the agency head. The residential tele­ oi 1956, for prior approval of the acquisi- An arrangement called line-load control phone numbérs of selected employees, jon of 80 percent or more of the voting has been provided by the public tele­ with names and home addresses, will be snares of Liberty National Bank and Trust Co. phone companies so that subscribers listed in alphabetical or numerical or­ having essential emergency functions; der by central office exchange letters or sun reTlew material submitted in i.e., doctors, police, key Federal, State, numbers under the appropriate area code oi ^he. Petitions reveals that it and local government personnel, etc., number for the geographic area in which u5es certain evidence and factual may encounter a minimum of delay in the employees reside. Listings are re­ nnrT *ns no^ eartier presented in sup- placing calls from their residences. If a quired in this format to facilitate han­ urimii application. Although not number has been designated “essential,” dling and processing with the telephone RWly s.a^sfied that good cause has been all outgoing calls are put through with companies involved. A typical list would pvi5 n f0F the failure to include such look like that shown at the top of the ir.^nce lrx the application, the Board 1 Filed as part of the original document. next page. Copies available upon request to the Board Vaf., Sherrill absent and not A rea Code 301 sidovfv appropriate that recon- of Governors of the Federal Reserve System, Washington, D.C. 20551, or to the Federal 005-0743— John T. Byrd, 2337 Huron, Forest reermi1011 be granted, in order that the Reserve Bank of New York. Hts. a si»- “ ay be supplemented thereby and 2 Voting for this action : Chairman Martin, 439-7417— Wm. L. Brady, 8033 New Hamp­ e v S !10n f^dered on the basis of all and Governors Robertson, Mitchell, Daane, shire, Adelphi. suDnm+? wbich the Applicant views as and Brimmer. Not voting: Governor Maisel. ,585—7108—Edna O. Richards, 1137 Fidler, supporting its application. Absent and not voting: Governor Sherrill. Ch. Ch.

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2550 NOTICES

A rea Code 703 Central Office will be advised of the reso­ 560-1769— Chas. P. Rogers, 306 Cedar, Vienna. lution. The GSA Central Office will notify SECURITIES AND EXCHANGE 560-3127— John D. Louis, 4330 Walnut Dr., the GSA regional office concerned, which Vienna. in turn will advise the telephone com­ COMMISSION 560-8143— Robt. W. Service, 6711 Monroe, panies and the agency offices involved. [812-2255] Vienna. 8. Changes in agency essential service JE3-9086— R. P. Harris, 1458 Edgewater, FIs. listing. It will be the responsibility of the TRW INTERNATIONAL FINANCE Ch. agency, or agency field activity con­ CORP. 684—8926—Wm. G. Glover, 4306 S. Glebe, Adi. cerned, to keep current its lists of em­ Notice of Filing of Application for d. The lists of selected employees will ployees requiring essential service in ac­ Order Exempting Company From be approved and certified as meeting the cordance with instructions of the agency All Provisions of Act criteria established by TELECOM''Cir­ head. It is requested that changes in cular 3300.1 in accordance with instruc­ these lists be forwarded promptly to the J anuary 29, 1968. tions published by the head of the agency Notice is hereby given that TRW In­ concerned. Certified lists will then be for­ appropriate GSA regional office for further action. ternational Finance Corp. (“Applicant”), warded to the Chief, Communications 23555 ^Euclid Avenue, Cleveland, Ohio Division, Transportation and Communi­ 9. Information and assistance. Queries 44117, a Delaware corporation, has filed cations Service (hereafter referred to as or requests for assistance concerning an application pursuant to section 6(c) the GSA regional office) at the appro­ essential service, this regulation, or its of the Investment Company Act of 1940 priate GSA regional office indicated in (“Act”) for an order exempting Appli­ Attachment A. The GSA regional office implementation, should/ be directed to the appropriate GSA regional office to cant from all provisions of the Act. All will forward the lists to the appropriate interested persons are referred to the telephone company for implementation. the attention of the Chief, Communica­ application on file with the Commission e. It is recognized that, in some tions Division—TC, Transporation and for a statement of the representations instances, selected employees may have Communications Service. made therein, which are summarized essential service access at the present. Dated: January 26, 1968. below. The emergency responsibilities of these Applicant was organized by TRW Inc. employees should be reviewed to ascer­ L a w s o n B. K n otts, Jr., (“ TRW ” ) , under the laws of the State of tain whether essential service under the Administrator of General Services. Delaware on January 17, 1968. TRW or criteria of TELECOM Circular 3300.1 is A tt a ch m e n t A a fully owned subsidiary of TRW (which still warranted. The names of those em­ term as used herein means a corporation ployees whose responsibilities do not GSA Region Address No. 1, Connecticut, 620 Post Office all of the outstanding securities of which, meet these criteria should be deleted Maine, Massa­ and Court­ other than short-term paper as defined from essential service lists, and a request chusetts, New house, Boston, in section 2(a) (36) of the Act and di­ made to the appropriate GSA regional Hampshire, Mass. 02109. rectors’ qualifying shares, are owned, di­ office for removal of essential service Rhode Island, rectly or indirectly, by TRW) will sub­ from their residence telephones. Vermont. scribe for all of the capital stock of 7. Procedures for resolution of conflict. No. 2. Delaware, 30 Church St., Applicant to be issued and outstanding. a. When a local telephone company re­ New Jersey, New New York, N.Y. York, Pennsyl­ 10007. Prior to the issuance of the debentures ceives more requests for essential service vania, Puerto described below, TRW will make such than it can accommodate within its per­ Rico, the Virgin capital contributions to Applicant of, or centage of lines so designated, the ap­ Islands. will purchase shares for, cash, securities, propriate GSA regional office will be No. 3. District of 7th and D Sts. or other property so that the capital of notified. Columbia, Mary­ SW„ Washing­ Applicant will not be less than $2 million. b. An attempt will be made by the land, Virginia, ton, D.C. 20407. Any additional securities which Appli­ West Virginia. GSA regional office to resolve the matter No. 4. Alabama, 1776 Peachtree cant may issue, other than debt secu­ with the local or regional offices of the Florida, Georgia, St. NW„ At­ rities, shall be issued only to TRW or to agencies concerned. If the problem can­ Mississippi, lanta, Ga. a fully owned subsidiary of TRW. TRW not be resolved at this level, the infor­ North Carolina, 30309. will retain its holdings of Applicant’s mation will be submitted to the Com­ South Carolina, common stock and any additional secu­ missioner, Transportation and Com­ Tennessee. rities of Applicant which TRW may ac­ munications Service, GSA, (hereafter re­ No. 5, IUinois, In­ 219 South Dear­ quire and TRW will not dispose of any ferred to as GSA Central Office). diana, Kentucky, born St., Chi­ of Applicant’s securities (other than debt Michigan, Ohio, cago, 111. 60604. c. GSA Central Office will contact the Wisconsin. securities) except to Applicant or to a agencies’ national offices in an attempt No. 6. Iowa, Kansas, 1500 East Ban­ fully owned subsidiary of TRW and TRW to effect a solution. Minnesota, Mis­ nister Rd., will cause each fully owned subsidiary (1) If a compromise can be reached souri, Nebraska, Kansas City, not to dispose of Applicant’s securities fitting the combined requests of the North Dakota, Mo. 64131. (other than debt securities) except to South Dakota. TRW, Applicant or to one or more fully agencies into the percentage allotment No. 7. Arkansas, 819 Taylor St., of the local telephone company’s ca­ Louisiana, Okla­ Ft. Worth, Tex. owned subsidiaries of TRW. is engaged in the performance pacity, the agency heads are responsible homa, Texas. 76102. TRW for notifying their subordinate elements No. 8. Arizona, Building 41, of systems engineering, research, and of the resolution and advising the GSA Colorado, New Denver, chemical services, and in the manufac­ Central Office that the changes have Mexico, Utah, Federal Center, tu re and sa le o f advanced systems, elec­ been given to the subordinate agencies. Wyoming. Denver, Colo. tronic, automotive, aircraft, and space The GSA Central Office will notify the 80225. produ cts. TRW organized Applicant in No. 9. California, GSA regional office concerned. 49 4th St., San order to develop and expand its foreign Hawaii, Nevada. Francisco, operation s and a t the sam e tim e support (2) If a compromise cannot be Calif. 94103. the balance of payments position of tne reached, GSA Central Office will refer No. 10. Alaska, GSA Center, Idaho, Montana, Auburn, Wash. United States by financing such opera- the matter to the Director of Telecom­ Oregon, Wash­ 98002. tions through the sale of Applicant s dew munications Management, Executive ington. securities outside of the United State . Office of the President, for a decision. [F.R. Doc. 68-1286; Filed, Feb. 1, 1968; Applicant intends to issue and sell an The concerned agencies and the GSA 8 :4 7 a jn .] aggregate of $10 million of its Guara

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2551 teed Debentures Due 1988 (“Deben­ offered or sold in the United States, its by the Commission upon the basis of the tures” ). TRW will guarantee the prin­ territories or possessions or to nation­ information stated in said application, cipal of (and premium, if any) and als, citizens, or residents of the United unless an order for hearing upon said interest on the Debentures. The Deben­ States, its territories or possessions. The application shall be issued upon request tures will be convertible into common contracts relating to such offer and sale or upon the Commission’s own motion. stock of TRW on or after February 1, will contain various provisions intended Persons who request a hearing or advice 1969. Any additional debt securities of to assure that the Debentures will not be as to whether a hearing is ordered will Applicant which may be issued to or purchased by nationals, citizens, or resi­ receive notice of further developments held by the public will be guaranteed by dents of the United States, its territories in this matter, including the date of the TRW in a manner substantially similar or possessions. Any additional debt secu­ hearing (if ordered) and any postpone­ to the guarantee of the Debentures. rities of Applicant which may be sold to ments thereof. It is intended that upon completion of the public in the future will be sold under For the Commission (pursuant to dele­ the long-term investments of Applicant’s substantially similar conditions. gated authority). assets, substantially all of the assets Section 6(c) of the Act provides that of the Applicant (exclusive of U.S. Gov­ the Commission, by order upon applica­ [ seal] O rval L. D u B o is, ernment securities and cash items) will tion, may conditionally or uncondition­ Secretary. be invested in or loaned to foreign com­ ally exempt any person, security or trans­ [F.R. D oc.,68-1269: Filed, Feb. 1, 1968; panies (including U.S. companies all or action from any provision or provisions of 8:46 a.m.] substantially all of whose business is the Act, if and to the extent that such carried on abroad either directly or in­ exemption is necessary or appropriate [812-2145] directly through foreign companies) (A) in the public interest and consistent with which are, or upon the making of such the protection of investors and the pur­ UNITED CORP. investments or loans will be (1) majority poses fairly intended by the policy and owned subsidiaries of TRW within the provisions of the Act. Notice of Filing of Application for meaning of section 2(a) (23) of the Act, Applicant submits that it is appro­ Order Granting Limited Exemptions (2) companies under TRW ’s control priate for the Commission to enter an J anuary 29, 1968. within the meaning of section 2(a) (9) of order exempting Applicant from each Notice is hereby given that The the Act, or (3) companies which are en­ and every provision of the Act for the fol­ United Corp. (“Applicant”), c/o Whit­ gaged in a business related to the busi­ lowing reasons: (1) A significant purpose man, Ransom & Coulson, 522 Fifth Ave­ ness of TRW in which TRW owns, direct­ of the Applicant is to assist in improving nue, New York, N.Y. 10036, a Delaware ly or indirectly, an equity interest of 15 the balance of payments program of the corporation and a registered manage­ percent or more and (B) which are pri­ United States by obtaining funds for ment, closed-end, nondiversified invest­ marily engaged in a business or busi­ foreign operations in foreign countries; ment company, has filed an application nesses other than investing, reinvesting, (2) none of the securities of Applicant pursuant to sections 6(c) and 17(b) of owning, holding, or trading in securities: (other than debt securities) will be held the Investment Company Act of 1940 Provided, however, That caluse (B) shall by any person other than TRW or a fully (“Act”) and Rule 17d-l thereunder for not preclude investments by Applicant owned subsidiary of TRW and TRW will an order of the Commission granting in a fully owned subsidiary of TRW pri­ guarantee payment of principal, interest, limited exemptions to Applicant and marily engaged in the business of owning and premium, if any, on Applicant’s debt certain of its subsidiaries, principally or holding securities of companies in securities issued to or held by the public; Canadian International Power Co., Ltd. which the Applicant may make invest­ (3) Applicant will not deal or trade in (“CIP”), from sections 17(a) and ments in securities of or loans to in ac­ securities; (4) The common stock of 17(d) of the Act and the rules and regu­ cordance with clauses (A) and (B) above. TRW is listed on the New York Stock Ex­ lations thereunder. All interested per­ Applicant will proceed as expeditiously as change and Applicant’s security holders sons are referred to the application on possible with the long-term investment of will have the benefit of the disclosure and file with the Commission for a statement its assets in the manner described above, reporting provisions of the Securities of the representations contained there­ will not acquire securities for the purpose Exchange Act of 1934; (5) the debt of resale and will not trade in securities. in, which are summarized below. securities to be issued by Applicant will Applicant owns approximately 49.2 Pending such investment, and from time be sold only to foreign nationals and the to time thereafter in connection with percent of the voting securities of CIP, burden of the Interest Equalization Tax a Canadian corporation, which is pri­ changes in long-term investments, Ap­ will discourage resale to any U.S. national plicant will invest temporarily in debt marily engaged through the CIP Sys­ or resident. tem (i.e. companies of which it owns obligations (including time deposits) of Notice is further given that any governments, financial institutions, and directly or indirectly more than 50 per­ interested person may, not later than cent of the voting securities) in the foreign subsidiaries of TRW, payable in February 12, 1968, at 5:30 p.m., submit U.S. dollars or other currencies and in generation, transmission, distribution, to the Commission in writing a request and sale of electric energy in Venezuela, each case maturing in 1 year or less for a hearing on the matter accompanied from the date of acquisition. Bolivia, El Salvador, and Barbados, by a statement as to the nature of his British West Indies. The CIP System By financing foreign operations interest, the reason for such request and through the Applicant, TRW will utilize also includes International Power Co., the issues of fact or law proposed to be Ltd. (“International Power”), a Cana­ an instrumentality the acquisition of controverted, or he may request that he whose debt securities by U.S. persons dian corporation, of which CIP owns be notified if the Commission shall order 99.5 percent of the voting securities. In­ would generally subject such persons to a hearing thereon. Any such communi­ the interest equalization tax, thus dis­ ternational Power owns, indirectly 100 cation should be addressed: Secretary, percent of the voting securities of a couraging them from purchasing such Securities and Exchange Commission, debt securities. Counsel has advised the Venezulan corporation and of a Mexi­ Washington, D.C. 20549. A copy of such can corporation and 95.8 percent of the Applicant that U.S. persons will be re­ request shall be served personally or by quired to report and pay interest equali­ mail (airmail if the person being served voting securities of a Bolivian corpora­ zation tax with respect to the acquisi­ is located more than 500 miles from the tion. tion of the notes and any subsequent debt point of mailing) upon Applicant at the Applicant and CIP request exemptions securities , except where a specific statu­ address stated above. Proof of such serv­ from sections 17(a) and 17(d) of the ary exemption is available. ice (by affidavit or in case of an attorney Act and the rules promulgated there­ The Debentures are to be sold to a at law by certificate) shall be filed con­ under to permit CIP and members of group of underwriters for offering and temporaneously with the request. At any the CIP System, without prior submis­ sale only outside the United States. The time after said date, as provided by Rule sion to the Commission, to enter into iJebentures are to be offered and sold 0-5 of the rules and regulations promul­ naer conditions which are intended to gated under the Act, an order disposing transactions of the nature described sure that the Debentures will not be of the application herein may be issued below:

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2552 NOTICES

(1) To acquire property from or addi- The application states that no exemp­ quest a hearing or advice as to whether ditional equity securities of foreign tion is sought for transactions between a hearing is ordered will receive notice affiliated enterprises within the C3P Applicant and any of its officers, directors of further developments in this matter, System; or affiliates of such persons. The exemp­ including the date of the hearing (if (2) To lend money or property to tions would cover only transactions be­ ordered) and any postponements thereof. tween CIP or a controlled subsidiary and affiliated persons of foreign affiliated en­ For the Commission (pursuant to terprises within the CIP System where affiliates, or affiliates of affiliates, where delegated authority). the borrower is not controlled by the the affiliation arises solely as a result of lender; investments in a foreign country. [seal] O rval L. DtjBois, (3) To enter into joint arrangements The application also states that the Secretary. or guaranties With affiliated persons of minority shareholders of the subsidiaries [F.R. Doc. 68-1270; Filed, Feb. 1, 1968; foreign affiliated enterprises within the of CIP are primarily nationals of foreign 8:46 a.m.] CIP System for the purchase of ma­ countries; that the U.S. investing public has no interest in. a transaction between chinery and equipment for, and the [File No. 24D—2767] financing of such foreign affiliated enter­ two subsidiaries controlled by an invest­ prises; and ment company, even though not wholly URANIUM EXPLORATION CORP. owned, where no appreciable U.S. minor­ (4) To enter into or modify contractual Order Temporarily Suspending Ex­ arrangements with foreign affiliated ity interest exists. Moreover, it states enterprises within the CIP System and that there is no possibility that a trans­ emption, Statement of Reasons affiliated persons of such enterprises, action between two subsidiaries of the Therefore and Notice of Oppor­ including arrangements for the render­ CIP System would have an adverse effect tunity for Hearing ing of services and royalty, technical, on Applicant, its shareholders, or the operating, and similar agreements. minority shareholders of CIP since January 29, 1968. The term “ foreign affiliated enterprise whether a transaction is more favorable Uranium Exploration Corp. (issuer), within the CIP System” is used by Ap­ to one subsidiary than another will 910 Peoria Street, Denver, Colo., a plicant to mean a business operating out­ “wash-out” in its effect on these persons. Colorado corporation, with offices lo­ side the United States (except for inci­ The application declares that the grant­ cated at Denver, Colo., filed with this dental activities in the United States) ing of these exemptions will facilitate Commission, on September 19, 1967, a where the affiliation arises solely out of significantly the operation of CIP and notification on a Form 1-A and an offer­ CIP’s direct’ or indirect investment in its subsidiaries in areas where the stated ing circular relating to an offering of more than 50 percent of the voting secu­ policy of the United States is to seek 300,000 shares of common stock at $1 per rities of such business. The term and to encourage private investment and share for an aggregate of $300,000 for “affiliated person of foreign enterprise” will serve the national interest and will the purpose of obtaining an exemption is used by Applicant to mean only those materially benefit the shareholders of from the registration requirements of who become such persons as a result of Applicant, CIP, and its subsidiaries. the Securities Act of 1933, as amended, an investment in such foreign affiliated Section 6(c) of the Act provides that pursuant to the provisions of section enterprises within the CIP System. the Commission may conditionally or 3(b) thereof, and Regulation A promul­ gated thereunder. Benjamin Werner Co., Applicant has agreed that transactions unconditionally exempt any transaction, or any classes thereof, from any provision New York City, was designated as un­ effected pursuant to the requested ex­ derwriter for the issue and would re­ emptions shall conform with the require­ or provisions of the Act or of any rule or regulation thereunder, if and to the ex­ ceive a 10 percent commission. The ments of Rule 17a-6 promulgated under offering commenced on December 12, the Act whether or not that rule is by its tent such exemption is necessary or ap­ propriate in the public interest and con­ 1967. terms applicable to such transactions. (A) The terms and conditions of Reg­ However, Rule 17a-6(b) contemplates sistent with the protection of investors and the purposes fairly intended by the ulation A were not complied with, in transactions involving a nonpublic com­ that: pany, which is defined as one having less policy and provisions of the Act. Notice is further given that any in­ 1. The issuer failed to disclose in its than 100 stockholders. Since Applicant notification a prearranged plan for the and its subsidiaries do not come within terested person may, not later than February 19, 1968, at 5:30 p.m., submit distribution of a substantial block of the 100 stockholder requirement, in ap­ shares of the common stock covered by plying the provisions of Rule 17a-6(b), to the Commission in writing a request for a hearing on the matter accompanied the notification. The prearranged plan for purposes of this application, Appli­ arranged for certain designated persons cant defines a nonpublic company to by a statement as to the nature of his interest, the reason for such request and to purchase shares of Uranium Explora­ mean a foreign affiliated enterprise hav­ tion Corp. common stock at the offer­ ing not more than 100 stockholders who the issues of fact or law proposed to be controverted, or he may request that ing price of $1 per share from the princi­ are citizens or residents of, or are in­ pal underwriter" and other brokerage corporated under the laws of, the United he be notified if the Commission should order a hearing thereon. Any such com­ firms participating in the distribution States of America or any State thereof. pursuant to selling concessions from the Section 17(a) of the Act prohibits an munication should be addressed: Secre­ tary, Securities and Exchange Commis­ principal underwriter. The prearranged affiliated person o f a registered invest­ plan further arranged for such persons ment company, or an affiliated person of sion, Washington, D.C; 20549. A copy of such request shall be served personally to resell such shares within a few days such a person, from effecting certain at an increased price. sales, purchases or borrowings from such or by mail (airmail if the person being served is located more than 500 miles 2. By reason of the activities described company, or any company controlled by in paragraph 1, the aggregate amount such registered investment company. from the point of mailing) upon Appli­ cant at the address stated above. Proof of securities offered to the public ex­ Section 17(d) and Rule 17d-l there­ of such service (by affidavit or in case of ceeded the $300,000 limitation as pre­ under make it unlawful for an affiliated an attorney at law by certificate) shall scribed by Rule 254 of Regulation A. person of a registered investment com­ be filed contemporaneously with the re­ 3. An offering circular was not fur­ pany, acting as principal, to participate quest. At any time after said date, as pro­ nished to purchasers in connection witn in, or effect any transaction in connection vided by Rule 0-5 of the rules and regula­ some of the resales as required by Regu­ with, any joint enterprise or other joint tions promulgated under the Act, an or­ lation A. arrangement or profit-sharing plan in der disposing of the application herein (B) The offering circular contains un­ which such registered investment com­ may be issued by the Commission upon true statements of material facts an pany, or a company controlled by such the basis of the information stated in omits to state material facts necessary registered company, is a participant, un­ said application, unless an order for to make the statements made, in the lig less the Commission, upon application hearing upon said application shall be of the circumstances under which tny under Rule 17d-l, grants an exemption issued upon request or upon the Com­ were made, not misleading, partícula o regarding such joint enterprise. mission’s own motion. Persons who re­ with respect to :

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2553

1 . The failure to disclose the prear­ by revising Item 1 and adding Item IC5, on the north, Nebraska Highway 14 on ranged plan of distribution of a substan­ to read as follows : the east, Nebraska Highway 74 on the tial block of shares. I. Pursuant to the authority delegated south and U.S. Highway 281 on the west 2. The failure to disclose that the to the Assistant Administrator for Ad­ to points in Colorado, Wyoming, South stated number of shares were not in ministration by the Administrator (Dele­ Dakota, North Dakota, Minnesota, Iowa, fact offered to the public at the offering gation of Authority No. 7, Revision 1), as Missouri, and Kansas, for 180 days. Sup­ circular price. amended (32 P.R. 179 and 33 P.R. 779), porting shipper: Cominco American Inc., 3. The failure to disclose that the the following authority is hereby redel­ Box 186, Beatrice, Nebr. 68310. Send pro­ market in the shares of the issuer was egated to the specific positions as indi­ tests to: District Supervisor Johnston, created by persons actively engaged in cated herein: Interstate Commerce Commission, Bu­ the distribution to give insiders and * * * * * reau of Operations, 315 Post Office Build­ others an opportunity to make substan­ ing, Lincoln, Nebr. 68508. tial profits at the expense of a public C. Director and Assistant Director, No. MC 111045 (Sub-No. 57 TA ), filed unaware of the actual method of dis­ Office of Administrative Services. January 25, 1968. Applicant: REDWING tribution. £ * * * * CARRIERS, INC., 7809 Palm River Road, Post Office Box 426, Tampa, Fla. 4. The failure to disclose that resales 5. To rent temporarily within the Dis­33601. Applicant’s representative: David which constituted part of the public of­ trict of Columbia or elsewhere, such E. Wells (same address as above). Au­ fering were made at prices in excess of hotel or other accommodations as are thority sought to operate as a common the stated offering price. needed to facilitate the conduct of meet­ carrier, by motor vehicle, over irregular 5. The failure to disclose that profits ings of SBA advisory councils. routes, transporting: Liquid plastic would be received by various firms and * * * * * (polyester resin), from Lakeland, Fla., individuals upon resale by them at prices to points in Georgia, South Carolina, in excess of that stated in the offering Effective date: January 26,1968. North Carolina, Virginia, West Virginia, circular. Tennessee, Alabama, Mississippi, Texas, (C) The offering was made in viola­ W . P. T urpin, Assistant Administrator and Pennsylvania, for 180 days. Support­ tion of section 17(a) of the Securities for Administration. ing shipper: Alpha Chemical Corp., Post Act of 1933, as amended, by reason of Office Drawer A, Kathleen, Fla. 33849. the activities described above. [F.R. Doc. 68-1272; Filed, Feb. 1, 1968; Send protests to: Joseph B. Teichert, Accordingly, it is ordered, That the 8:46 am .] District Supervisor, Interstate Commerce Regulation A exemption of Uranium Ex­ Commission, Bureau of Operations, ploration Corp. be, and it hereby is, Room 1226, 51 Southwest First Avenue, temporarily suspended. Miami, Fla. 33130. Notice is hereby given that any person INTERSTATE COMMERCE 'No. MC 113624 (Sub-No. 44 TA), filed having any interest in the matter may COMMISSION January 25, 1968. Applicant: WARD file with the Secretary of the Commis­ TRANSPORT, INC., Post Office Box 133, sion a written request for hearing within [Notice 538] Pueblo, Colo. 81002. Applicant’s repre­ 30 days after the entry of this order; MOTOR CARRIER TEMPORARY sentative: Marion F. Jones, 420 Denver that within 20 days after receipt of such AUTHORITY APPLICATIONS Club Building, Denver, Colo. 80202. request, the Commission will, or at any Authority sought to operate as a com­ time upon its own motion may, set the January 30, 1968. mon carrier, by motor vehicle, over irreg- matter down for hearing at a place to be The following are notices of filing of .ular routes, transporting: Fertilizers, designated by the Commission for the applications for temporary authority fertilizer compounds, and fertilizer in­ purpose of determining whether this under section 210a(a) of the Interstate gredients, in bulk, from Denver, Colo., order of suspension should be vacated or Commerce Act provided for under the to points in Kansas, Texas, Oklahoma, made permanent, without prejudice, new rules of Ex Parte No. M C 67 (49 New Mexico, and Nebraska, for 180 days. however, to the consideration and pres­ CFR Part 340) published in the Federal Supporting shipper: Woodbury Chemical entation of additional matters at the R egister, issue of April 27, 1965, effec­ Co., 5400 Sherman Street, Denver, Colo. hearing; and that notice of the time and tive July 1,1965. These rules provide that 80216. Send protests to: District Super­ place for said hearing will be promptly protests to the granting of .an applica­ visor H. C. Ruoff, Interstate Commerce given by the Commission. If no hearing tion must be filed with the field official Commission, Bureau of Operations, 2022 is requested and none is ordered by the named in the F ederal R egister publica­ Federal Building, Denver, Colo. 80202. Commission, the order shall become tion, within 15 calendar days after the No. MC 116077 (Sub-No. 231 T A ), filed Permanent on the 30th day after its en­ date of notice of the filing of the applica­ January 24, 1968. Applicant: ROBERT­ try and shall remain in effect unless it is tion is published in the Federal R egister. SON TANK LINES, INC., 5700 Polk Ave­ modified or vacated by the Commission. One copy of such protest must be served nue, Houston, Tex. 77011. Applicant’s By the Commission. on the applicant, or its authorized rep­ representative: J. C. Browder (same ad­ resentative, if any, and the protests must dress as above). Authority sought to op­ *-SEALl O rval L. D uB ois, certify that such service has been made. erate as a common carrier, by motor Secretary. The protests must be specific as to the vehicle, over irregular routes, transport­ [F.R. Doc. 68-1271; Filed, Feb. 1, 1968; service which such protestant can and ing: Isocyanates, in bulk, in tank trail­ 8:46 a.m.] will offer, and must consist of a signed ers, from Kaiser Aluminum & Chemical original and six copies. Corp., near Gramercy, La., to Los An­ A copy of the application is on file, and geles, Lynwood, and Richmond, Calif.; can be examined at the Office of the Bloomington, Chicago, and Lyons, HI.; SMALL BUSINESS Secretary, Interstate Commerce Com­ Burlington, Iowa; Edgewater, N.J.; Buf­ mission, Washington, D.C., and also in falo, N.Y.; Detroit, Mich.; Cleveland and ADMINISTRATION the field office to which protests are to be Brook Park, Ohio; Bally and Callery, transmitted. Pa.; and Austin and Freeport, Tex.; for [Delegation of Authority No. 7.1 (Rev. 1), 180 days. Supporting shipper: R. L. Arndt. 1] M otor Carriers of Property Weber, Traffic Manager, Kaiser Chemi­ cals, 300 Lakeside Drive, Oakland, Calif. DIRECTOR a n d ASSISTANT DIREC­ No. MC 1641 (Sub-No. 79 T A ), filed January 25, 1968. Applicant: PEAKE' 94604. Send protests to: District Super­ TOR, OFFICE OF ADMINISTRATIVE TRANSPORT SERVICE, INCV Box 366, visor John C. Redus, Bureau of Opera­ SERVICES Chester, Nebr. 68327. Authority sought tions, Interstate Commerce Commission, Delegation of Administrative to operate as a common carrier, by motor Post Office Box 61212, Houston, Tex. Activities vehicle, over irregular routes, transport- 77061. es ing: Fertilizer and fertilizer materials, No. MC 116374 (Sub-No. 1 T A ), filed viisin °T Authority No. 7.1 (Re- in bulk and in bags, from that area of January 25, 1968. Applicant: JAMES L. u 1) 32 F.R. 1107, is hereby amended Nebraska bounded by U.S. Highway 6 SPOONER, doing business as WHITE

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2554 NOTICES

LINE TRUCKING CO., 207 North Second delphia, Pa. 19104; Coronet Container erations, 346 Broadway, New York, N.Y Avenue West, Kelso, Wash. 98626. Au­ Co., Ruth and Somerset Streets, Phila­ 10013. thority sought to operate as a contract delphia, Pa. 19134; The Boeing Co., Ver- No. MC 129668 TA, filed January 24, carrier, by motor vehicle, over regular tol Division, Morton, Pa. 19070. Send 1968. Applicant: MAIN EXPRESS & routes, transporting: Steel and steel protests to: District Supervisor Peter R. STORAGE CO., 5300 South Howell products, between Longview, Wash., and Guman, Interstate Commerce Commis­ Avenue, Milwaukee, Wis. 53207. Appli. Portland, Oreg., over Interstate Highway sion, Bureau of Operations, 900 U.S. Cus­ cant’s representative: Rolfe E. Hanson, 5, for 150 days. Supporting ^shipper: tomhouse, Second and Chestnut Streets, 121 West Doty Street, Madison, Wis. Amadon Forge & Machine Works, Inc., Philadelphia, Pa. 19106. 53703. Authority sought to operate as a Longview, Wash. Send protests to: S. F. No. MC 129593 (Sub-No. 4 T A ), filed contract carrier, by motor vehicle, over Martin, District Supervisor, Bureau of January 14,1968. Applicant: TIGELAAR irregular routes, transporting: General Operations, Interstate Commerce Com­ & DeWEERD, INC., 5367 South School commodities (except those of unusual mission, 450 Multnomah Building, Port­ Street, Hudsonville, Mich. 48426. Appli­ value, household goods as defined by thé land, Oreg. 97204. cant’s representative: Rodger T. Ederer, Commission, commodities requiring spe­ No. MC 125227 (Sub-No. 9 T A ), filed Union Savings and Loan Building, 117 cial equipment, commodities in bulk, January 25, 1968. Applicant: RECORD West Allegan Street, Lansing, Mich. classes A and B explosives, and those in­ TRUCK LINE, INC., Henderson, Tenn. 48933. Authority sought to operate as a jurious or contaminating to other lad­ 38340. Applicant’s representative: Con­ common carrier, by motor vehicle over ing), restricted to the transportation of nor R. Wiggins, Jr., 909 100 North Main irregular routes, transporting: Garden shipments having an immediately prior Building, Memphis, Tenn. 38103. Author­ seeds and dried beans in cans, cartons, or subsequent movement by air, between ity sought to operate as a common car­ and bags, from Middleport, N.Y., to Erie O’Hare Air Field, Cook County, HI., on rier, by motor vehicle, over irregular (Monroe County), Mich., points in Ot­ the one hand, and, on the other, points routes, transporting: Steel pipe and nip­ tawa, Van Buren, Muskegon, and Allegan in Milwaukee County, Wis., under a con­ ples, and fittings, valves, attachments, Counties, Mich., and points in Farm­ tinuing contract with Flying Tiger Line, parts, and accessories therefor, from ington Township in Oakland County, Inc., for 180 days. Supporting shipper: points in Chester County, Tenn., to points Orange Township in Ionia County, Flying Tiger Line, Inc., 7401 World Way in the United States (except Alaska and Grand Rapids County and Benton and West, Los Angeles International Airport, Hawaii) . Restricted against the trans­ Coloma Townships in Berrien County, Los Angeles, Calif. 90009-(Paul A. Stokes, portation of commodities for use in or in all in the State of Michigan, to be trans­ Director—Ground Operations). Send connection with the discovery, develop­ ported at the same time and in the same protests to: District Supervisor, Lyle D. ment, production, refining, manufacture, vehicle while transporting insecticides, Heifer, Interstate Commerce Commis­ processing, storage, transmission, and fungicides, and parts for sprayers and sion, Bureau of Operations, 135 West distribution of natural gas and petroleum spray equipment from Middleport, N.Y., Wells Street, Room 807, Milwaukee, Wis. and their products and byproducts, and to the above-mentioned points (no ex­ 53203. tension of present authority to transport in connection with the construction, op­ By the Commission. eration, repair, servicing, and mainte­ insecticides, fungicides, and parts for nance of pipelines designed for the trans­ sprayers and spray equipment intended), [ seal] H. N eil G arson, mission of natural gas and petroleum for 180 days. Supporting shipper: FMC Secretary. and their products and byproducts, for Corp., Niagara Chemical Division, 100 Niagara Street, Middleport, N.Y. 14105. [F.R. Doc. 68-1300; Filed, Feb. 1, 1968;. 180 days. Supporting shipper: Grinnell 8:48 a.m.] Corp., Henderson, Chester County, Tenn., Send protests to: C. R. Flemming, Dis­ Facilities, Henderson, Tenn. (Donald E. trict Supervisor, Interstate Commerce Smith, Plant Manager). Send protests to: Commission, Bureau of Operations, 221 [Notice 81] W. W. Garland, District Supervisor, In­ Federal Building, Lansing, Mich. 48933. terstate Commerce Commission, Bureau No. MC 129667 TA, filed January 24, MOTOR CARRIER TRANSFER of Operations, 390 Federal Office Build­ 1968. Applicant: LONI-JO TRUCKING PROCEEDINGS ing, 167 North Main Street, Memphis, CORP., 700 Eastgate Boulevard South, J anuary 30, 1968. Tenn. 38103. Garden City, Long Island, N.Y. 11532. No. MC 128498 (Sub-No. 2 T A ), filed Applicant’s representative: Harold Synopses of orders entered pursuant January 25, 1968. Applicant: ROBERT Weines (same address as above). Author­ > section 212(b) of the Interstate Com- EMANUEL, doing business as EMAN­ ity sought to operate as a contract car­ terce Act, and rules and regulations UEL’S EXPRESS, 201 East Township rier, by motor vehicle, over irregular rescribed thereunder (49 CFR Pah; Line Road, Kirklyn, Pa. 19082. Authority routes, transporting: Such merchandise ?9), appear below: sought to operate as a common carrier, sold by retail supermarkets and equip­ As provided in the Commission’s spe- by motor vehicle, over irregular routes, ment and supplies necessary in the oper­ ,al rules of practice any interested per­ transporting: General commodities, ation thereof, (1) between the place of ni may file a petition seeking reconsid- moving in express service, between points business of Waldbaum, Inc. (“ Wald- ration of the following numbered in Berks, Bucks, Chester, Delaware, baum’s” ) , in the village of Garden City, roceedings within 20 days from the date Montgomery, and Philadelphia Counties, Nassau County, and Waldbaum’s retail [ publication of this notice. Pursuant Pa., on the one hand, and, on the other, supermarket stores in New Jersey; (2) ) section 17(8) of the Interstate Com- points in Pennsylvania, New York, New between and among Waldbaum’s retail terce Act, the filing of such a Petition Jersey, Delaware, Maryland, and the supermarket stores in New Jersey and ill postpone the effective date of t District of Columbia. Restriction: Au­ Waldbaum’s retail supermarket stores rder in that proceeding pending its dis- thority restricted to the exclusive use of in New York; (3) between Wald­ osition. The matters relied upon by P ' one motor vehicle in the transportation baum’s warehouse in Garden City, Nas­ tioners must be specified in tne of a single shipment, not weighing more sau County, N.Y., and warehouse etitions with particularity. than 5,000 pounds, from one consignor at of Waldbaum’s suppliers in the States of No. MC-FC-7Q072. By order of Janu- one location to one consignee at one lo­ New York and New Jersey on the one ry 26, 1968, the Transfer Board ap- cation in any one day, for 180 days. Sup­ hand, and, on the other Waldbaum’s roved the transfer to Galbo’s r porting shippers: Max Chuse, 1437 Vine retail supermarket stores in New York torage, Inc., Darien, Conn., of the op ■ Street, Philadelphia, Pa. 19102; Peterson and New Jersey. All traffic is restricted ting rights in certificate No. MC-8 & Associates, Inc., 1925 Old York Road, to the account of Waldbaum’s, for 150 sued May 24, 1950, to Charles A. Gamu- oing business as Galbo’s Moving & Abington, Pa. 19001; General Bindery days. Supporting shipper: Waldbaum’s, Co., Inc., 1228 Cherry Street, Philadel­ ge, Darien, Conn., authorizing 700 East Gate Boulevard South, Garden phia, Pa. 19107; New York Airways^ Inc., ransportation of h o u s e h o ld goods d Post Office Box 426, La Guardia Airport City, N.Y. 11532. Send protests to: E. N. Veen Bridgeport, Conn., and poin Station, Flushing, N.Y. 11371; Harry Sil­ Carignan, District Supervisor, Interstate onnecticut within 25 miles of Bn ver & Co., 3915 Powelton Avenue, Phila­ Commerce Commission, Bureau of Op­ ort, on the one hand, and, on tne o >

FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 NOTICES 2555 points in Vermont, Massachusetts, New Mich., of the operating rights in permit doing business as . Dewey’s Express, York, Rhode Island, New Jersey, and No. MC-127407 issued May 25, 1966, to Revere, Mass., evidencing a right to en­ Pennsylvania. Nicholas A. Cioffi, 6 Rim Olin R. Iott, Monroe, Mich., authorizing gage in interstate or foreign commerce in Street, Norwalk, Conn. 06852, attorney the transportation of lumber, building the transportation of general commodi­ for applicants. materials, and plumbing, heating, and ties within the State of Massachusetts. No. MC-FC-70183. By order of Janu­ electrical equipment, from Milan, Mich., No. MC-FC-70208. By order of Janu­ ary 25, 1968, the Transfer Board ap­ to points in that part of Ohio bounded ary 26, 1968, the Transfer Board ap­ proved the transfer to Petco, Inc., Inter­ by a line beginning at the Michigan- proved the transfer to M.T.I., Corp., state, Commerce City, Colo., of the Ohio State line and extending south South Windsor, Conn., of certificate No. operating rights in corrected certificate along U.S. Highway 6, thence east along MC-123548, issued June 29, 1961, to No. MC-113760 (Sub-No. 3) issued U.S. Highway 6 to junction Ohio High­ Elias F. Peck, doing business as E. F. March 8, 1967, to H. M. Popp Truck way 590, thence north along Ohio High­ Peck Trucking, Monson, Mass., authoriz­ Lines, Inc., doing business as Petco, Inc., way 590 to junction Ohio Highway 2, ing the transportation of road construc­ Commerce City, Colo., authorizing the thence west along Ohio Highway 2 to tion and grading materials, between transportation over regular and irregular junction unnumbered highway near Springfield, Mass., and points in routes, of petroleum, petroleum products, Bono, Ohio, thence north along unnum­ Massachusetts within 25 miles thereof, and fuel oils, in bulk, in tank vehicles, bered highway to Reno Beach, Ohio. on the one hand, and, on the other, from, to, and between various points and Griffin and Griffin, 29 Washington points in Litchfield, Hartford, Tolland, places in Kansas, Colorado, Wyoming, Street, Monroe, Mich. 48161, attorneys and Windham Counties, Conn., as Idaho, North Dakota, South Dakota, for applicants. excepted. John E. Fay, 79 Lafayette and Nebraska. Leslie R. Kehl, 420 Denver No. MC-FC-70197. By order of Janu­ Street, Hartford, Conn. 06106, attorney Club Building, Denver, Colo. 80202, at­ ary 26, 1968, the Transfer Board ap­ for transferee. torney for applicants. proved the transfer to Dewey’s Express, No. MC-FC-70186. By order of Janu­ Inc., 70 Newhall Street, Revere, Mass. [ seal] H. N eil G arson, ary 26', 1968/ the Transfer Board ap­ 02151, of the certificate of registration S ecreta ry. proved the transfer to Iott & Turner in No. MC-121135 (Sub-No. 1) issued [F.R. Doc. 68-1301; Filed, Feb. 1, 1968; Trucking Co., a corporation, Monroe, January 28, 1964 to Orlando D. Cioffi, 8:48 a.m.]

No. 23- FEDERAL REGISTER, VOL. 33, NO. 23— FRIDAY, FEBRUARY 2, 1968 2556 FEDERAL REGISTER CUMULATIVE LIST OF PARTS AFFECTED— FEBRUARY The following numerical guide is a list of the parts of each title of the Code of Federal Regulations affected by documents published to date during February.

3 CFR Page 12 CFR Page 26 CFR Pa*e P roclamation: P roposed R u l e s : P roposed R u l e s : 3814 (see EO 11394)______2429 204______2532 173______2517 3824______2495 561______2453 175______2517 E xecutive O rder: 194______2517 200 ______2517 11394______2429 14 CFR 201 ______2517 39______2503, 2504 250 ______2517 5 CFR 71______2440,2504-2506 251 ______2517 213______2497 73______2440, 2506 27 CFR 1300______2484 75______2506 5______2511 97______2507 7 CFR 121______2440 28 CFR 16______2497 50______- ______2442 51______2431, 2500 P roposed R u l e s : 52 ______2500 39______2531 30 CFR 58______2432 71______2531 724 (3 documents)______2433-2435 Proposed R u l e s : 811______2436 12______2448 891______2503 17 CFR 907______1& 2437 2510 32 CFR 947______2503 504______2443 1062______;____ 2437 20 CFR 1064______2438 33 CFR 1073______- ______— 2438 2440 110______2446 1094______2438 43 CFR 1103______2439 21 CFR 1106______2439 2240______— 2511 1126______2439 120______2441 P ublic L and O rder: 1137______- ____ ' 2503 121______— ____ 2441 4350______2445 P roposed R u l e s : 166______2442, 2511

911______2524 P roposed R u l e s : 47 CFR 0 ______2445 915______2524 144______2451 953______2524 7 3 ______2445 966______„ ______2526 P roposed R u l e s : 1051______1______2448 23 CFR 6 4 ...... 2452 1133______- ______2448 255______2442 7 3 ______2452

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U.&. Government Organization Manual mez-ims Presents essential information about Government agen­ cies (updated and republished annually). Describes the creation and authority, organization, and functions of the agencies in the legislative, judicial, and executive branches. This handbook is an indispensable reference tool for teachers, librarians, scholars, lawyers, and businessmen who need current official information about the U.S. Government. The United States Government Organization Manual is the official guide to the functions of the Federal Govern- m en t $ A O O w per copy. Paperbound, with charts 'Order from Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402,