Pagres 8391-8451
\í* FEDERAL REGISTER
VOLUME 29 \ 0 ^ NUMBER 130
Washington, Friday, July 3, 1964
Contents AGRICULTURAL MARKETING COMMODITY CREDIT Western Slope Broadcasting Co., Inc. (KREX) (2 documents) _ 8438, SERVICE CORPORATION 8439 Rules and Regulations Rules and. Regulations WEZY, Inc., and WKKO Radio, Handling limitations: Grains and similarly handled In c ------8440 Lemons grown in California and commodities; participation of Arizona______8395 financial institutions other than FEDERAL MARITIME Valencia oranges grown in Ari commercial banks in pools of zona and designated part of CCC price support loans______8396 COMMISSION California____ ,______8395 Oilseeds; payments by cooperative Notices Proposed Rule Making gins------8396 Agreements filed for approval: Standards for grades : CUSTOMS BUREAU American President Lines, Ltd., Endive, escarole or chicory___ 8428 and China Navigation Co___ 8440 Walnuts in the shell______8429 Rules and Regulations International Shipping Services, Customhouse brokers; audit of Inc ------8440 AGRICULTURAL STABILIZATION books and papers by comptrol AND CONSERVATION SERVICE lers of customs______8400 FEDERAL POWER COMMISSION Rules and Regulations Notices Notices Azobisformamide from Japan; Wheat; farm acreage allotments, purchase price less than foreign Hearings, etc.: base acreages______8393 Arkansas Power & Light Co___ 8441 market value______8433 Delhi-Taylor Oil Corp. et al___ 8441 agriculture d e p a r t m e n t FEDERAL AVIATION AGENCY El Paso Natural Gas Co______8442 See Agricultural Marketing Serv Houston Natural Gas Produc ice; Agricultural Stabilization Rules and Regulations tion Co------8443 and Conservation Service; Com Airworthiness directives; Boeing Ohio Fuel Gas Co______8441 modity Credit Corporation. Models 707-300B and -300C Transcontinental Gas Pipe Line Series aircraft-______8417 Corp------8443 a to m ic e n e r g y c o m m is s io n Alterations: Turnbull & Zoch Drilling Co. Control zone______8417 et al______8444 Proposed Rule Making Restricted area (2 documents) _ 8417 Licensing of source material; ex Large airplanes used by an air emption of glass enamel and carrier or commercial operator; FEDERAL RESERVE SYSTEM glass enamel frit containing installation of cockpit voice re- Notices source material______8431 corders______8401 Camden Trust Co.; order denying Notices Nontransport category C-46 air application for approval of Babcock and Wilcox Co.; issuance plane cargo operations; certifi merger of ^>anks______8444 of facility license amendment_ 8434 cation and operation rules___ _ 8405 Oregon State University; issuance FEDERAL TRADE COMMISSION of construction permit______8434 FEDERAL COMMUNICATIONS “ermits for access to restricted COMMISSION Rules and Regulations data____ 8436 Notices Prohibited trade practices: ^ode and Providence Huneck’s Inc., et al___ 8397 Plantations Atomic Energy Hearings, etc.: Lisker, Leo, et al______8398 Commission; proposed issuance Conant Broadcasting Co., Inc. Lucien Piccard Watch Corp. of facility license______8435 (WHIL)______8437 et al------8399 Contemporary Radio, Inc. Platon Fabrics Corp. et al_____ 8399 CIVIL AERONAUTICS BOARD (WAYL) and Hubbard Broad Universal-Rundle Corp______8400 casting, Inc______8437 Notices Domestic Telegraph Service___ 8438 tarings, etc.: Dubuque Broadcasting Co., and FISH AND WILDLIFE SERVICE Alaska Airlines, Inc______8436 Telegraph-Herald______8438 Proposed Rule Making international Air Transport As South Jersey Television Cable sociation______8436 Co------8438 Migratory game birds, hunting; Lske Central Airlines, Inc____ 8437 Northwestern Indiana Radio list of open areas______8428 western Alaska Airlines, Inc__ 8437 Co., Inc., et al______8438 (Continued on next page) 8391 8392 CONTENTS Practices of for-hire carriers of Narragansett Capital Corp. and INTERAGENCY TEXTILE property participating in Franklin Corp______8446 ADMINISTRATIVE COMMITTEE trailer-on-flatcar service; post Townsend Corporation of ponement of effective date----- 8421 America and Townsend Man Notices agement Co_____ j------8444 Certain cotton textile products Notices produced or manufactured in Fourth section applications for Argentina ; restraint levels------8444 relief______— ------8449 Motor carrier transfer proceed SMALL BUSINESS INTERIOR DEPARTMENT ings______8449 ADMINISTRATION See Pish and Wildlife Service; LAND MANAGEMENT BUREAU Notices Land Management Bureau. Declaration of disaster areas: Notices Nebraska ______8448 INTERNAL REVENUE SERVICE Oregon; proposed withdrawal and New Hampshire------8448 Proposed Rule Making reservation of land------8433 New Mexico (2 documents)----- 8448 Procedure and administration— 8422 PANAMA CANAL INTERSTATE COMMERCE Rules and Regulations TARIFF COMMISSION COMMISSION Operation and navigation of Notices Panama Canal -and adjacent Danaho Refining Co.; petition for Rules and Regulations waters; maximum speed------8418 . determination of eligibility to Car service (5 documents) — 8419,8420 apply for adjustment assist Employees of motor carriers, SECURITIES AND EXCHANGE ance—— ------8449 qualifications and maximum COMMISSION hours of service; safety of op eration and equipment------8420 Notices TREASURY DEPARTMENT Fees for copying, certification and Hearings, etc.: services in connection there Allegheny Power System, Inc., See Customs Bureau; Internal with______— ------8418 et al______8445 Revenue Service. Codification Guide The following numerical guide is a list of the parts of each title of the Code of Federal Regulations attected 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, 1964, and specifies how they are affected.
42 (2 documents)------8401, 8405 3 5 CFR 7 CFR 71 [New]------_____ 8417 ___ 8418 8393 73 [New] (2 documents) — QA1 *7 / 908______8395 Q1 TTfowl 8401 ______8395 8417 910______507_ 4 9 CFR 1421— ______8396 514______8401 8396 ______8418 8419,8420 Proposed Rules: 95 (5 documents) —----- 9 X V. ¿t UULLUliCiil/O/ —————— 8428 8429 16 CFR 191______8420 8397-8400 193 __ 8420 8420 9IU r\ WrKr e o 194 195 . 8420 Proposed Rules: 1 9 CFR R00 ____ _ 8421 40______—______8431 8400
14 CFR 5 0 CFR 4b ______8401 2 6 CFR Proposed Rules: 40 (2 documents)------8401, 8405 Proposed Rules: — 8428 41 (2 documents)------8401, 8405 301______...... 8422 32.______-
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1. A citation of authority is added im It is also necessary to establish a clos Title 7— AGRICULTURE mediately prior to the effective date ing date in the State of Florida for the provision. disposal of excess wheat acreage as Chapter VII— Agricultural Stabiliza 2. A paragraph of basis and purpose wheat cover crop, as provided in one of tion and Conservation Service is added at the beginning of the the amendments to § 728.10 (q). This (Agricultural Adjustment), Depart document. date was recommended by the Florida ment of Agriculture 3. The definition of “wheat history State Committee. The changes in final acreage” contained in subdivisions (i) dates for disposing of excess wheat SUBCHAPTER B— FARM MARKETING QUOTAS and (iii) of § 728.10(f) (2) is amended to acreage as wheat cover crop contained AND ACREAGE ALLOTMENTS include acreage regarded as planted to in other amendments to § 728.10(q) [Arndt. 3] wheat pursuant to section 339 of the have been recommended by the State PART 728— WHEAT Agricultural Adjustment Act of 1938, as committees of the States involved. amended. It has been determined that substitu Farm Acreage Allotments, Small Farm 4. The definition of “wheat acreage” tion will be permitted between wheat and Bases and Normal Yields for 1964 contained in § 728.10(m) (10) is amended feed grain in the 1965 voluntary wheat so as to limit to the 1964 crop year the and feed grain programs and that 1959- and Subsequent Crops and Deter exclusion from wheat acreage of wheat 60 oats and rye history may be added to mination of Base Acreages and mixtures in wheat mixture counties. the farm Teed grain base in substituting Acreage Allotments for 1965 and 5. The definition of “wheat mixture wheat for feed grains. Therefore, the Subsequent Crops counties” in § 728.10(p) is amended to need for the “wheat mixture” provision limit its application to the 1964 crop in approved “wheat mixture counties” is On pages 5804 and 5805 of the F ederal year and to include all counties in unnecessary and if continued would tend Register of May 1, 1964, there was pub Florida and Louisiana for the 1964 crop to defeat the intent of the program. The lished a notice of proposed rule making year. wheat mixture provision permitted the to issue amendments to the regulations 6. The definition of “disposal dates” exclusion from the classification of wheat pertaining to farm acreage allotments, for disposal of excess wheat acreage as acreage any mixture of wheat and other small farm bases and normal yields for wheat cover crop contained in § 728.10 small grains which (1) when seeded, 1964 and subsequent crops of wheat to (q) is amended to designate April 25 for contained less than 50 percent wheat by provide for the determination of base all counties in Florida, and to change weight, and (2) when harvested, pro acreages and acreage allotments for the the disposal dates for Madison County, duced less than 50 percent of wheat by 1965 and subsequent crops of wheat. Missouri, from May 15 to May 28, Banner weight. The definitions of “wheat acre In addition to the comments received County, Nebraska, from June 20 to June age” in § 728.10(m) (10) and of “wheat on the proposed amendment appearing 25, and all counties in Rhode Island mixture counties” in § 728.10 (p) are in such notice, there have also been re from July 1 to June 1. being amended to limit the application ceived recommendations to eliminate the 7. An effective date provision is added. of the wheat mixture provision to the wheat mixture provision in approved 1964 crop year. wheat mixture counties for the 1965 and Basis and purpose. The amendments subsequent crops of wheat. Due to the to the regulations contained in this docu The text of new § 728.15a was printed ment are issued pursuant to and in ac in full in the F ederal R egister of May 1, fact that substitution will be permitted cordance with the Agricultural 1964, and is adopted with only minor between wheat and feed grains in the Adjustment Act of 1938, as amended, and changes. It provides that for the 1965 1965 wheat and feed grain programs supplemented by Public Law 88-297 (78 and subsequent crops the base acreage and 1959-60 oats and rye history as ad Stat. 178), which provides for 1964 and determined for the immediately preced justed may be used in addition to the 1965 wheat diversion and certificate ing year will be the tentative base for feed grain base for the farm in substitut allocation programs, but which dispenses each old wheat farm except where it is ing wheat for feed grains, the wheat mix with marketing quotas on the 1965 crop determined that such base does not ade ture provision is unnecessary and could if of wheat. quately reflect the factors of past acre -Continued defeat the intent of both pro The inclusion of acreage regarded as age of wheat and crop rotation practices. grams. planted to wheat pursuant to section In any such case, the base acreage for After consideration of views and 339 of the Agricultural Adjustment Act the preceding year will be adjusted to recommendations received, the proposed of .1938, as amended, as wheat history reflect those factors in arriving at the regulations as submitted are adopted acreage for the 1964 crop, as provided in tentative base for the current year. In with the following additions: A citation the amendment to subdivisions (i) and the case of an odd and even rotation of authorities; a basis and purpose para (iii) of § 728.10(f) (2) is necessary be farm, the base acreage for the preceding graph; inclusion of the acreage of wheat cause of the amendment to section 339 year will be adjusted to reflect the crop- regarded as planted to wheat pursuant to of the 1938 Act contained in Public Law rotation system actually carried out on section 339 of the Agricultural Adjust 88-297, approved April 11, 1964. Prior the farm. ment Act of 1938, as amended, as wheat to such amendment section 339 of the In order that wheat producers may history acreage; inclusion of all counties 1938 Act was effective only during years know of the provisions of these amend in Florida and Louisiana as approved in which marketing quotas on wheat ments and county committees may apply wheat mixture counties for the crop year were in effect; under such amendment, them in the determination of farm wheat 1964; a closing date for Florida for dis it will apply to the 1964 crop of wheat, acreage allotments for the 1965 crop of posing of excess wheat acreage as wheat even though quotas are not in effect on wheat prior to preparation of land for cover crop; changes in the closing dates the 1964 crop. seeding the 1965 crop of wheat, it is for disposing, of excess wheat acreage as Thé States of Florida and Louisiana necessary that these amendments be wheat cover crop from May 15 to May were included within the commercial come effective upon publication in the 25 in Madison County, Missouri, from wheat producing area for the 1964-65 F ederal R egister. . June 20 to June 25 in Banner County, marketing year for the first time since .The regulations are amended as Nebraska, and in all counties in Rhode the 1955-56 marketing year. Section follows: island from July 1 to June 1; the discon 728.10 (p) is being amended to include 1. In § 728.10 subdivisions (i) and (iii) tinuance for the 1965 and subsequent all counties ip. the States of Florida and of paragraph (f) (2), and paragraph crops of wheat of the classification of Louisiana as wheat mixture counties for (m) (10) are amended to read as follows: wheat mixtures” in approved wheat the 1964 crop of wheat, since the produc mixture counties; and an effective daté tion of wheat mixtures in such States is § 728.10 Definitions. Provision. a common farming practice. * * - . * * * 8393 8394 RULES AND REGULATIONS (f) * * * ties in the State of Nebraska having a (c) Limitations. Except for farms for (2) * * * disposal date of “June 1”; and by chang which the allotment is pooled because of (i) For any old farm on which theing the disposal date for all counties in acquisition by an agency having right of wheat acreage allotment was not know the State of Rhode Island from “July 1” eminent domain, the tentative base acre ingly overplanted, the 1964 base acreage to “June 1”. age for any farm shall not exceed the of wheat determined for the farm under 4. A new § 728.15a is added to read ascropland on the farm. The farm tenta the regulations in this part if the farm follows: tive base acreage shall be zero if the is federally owned, or in the case of county committee determines that all farms not federally owned, if for 1964 or § 728.15a Determination of base acre the cropland on the farm will be devoted 1963 or 1962 the actual acreage planted ages for old farms for 1965 and sub to non-agricultural uses in the current to wheat plus the acreage regarded as’ sequent crops. year other than acquisitions by an agency planted to wheat under the Soil Bank (a) Basis for determination. The having right of eminent domain. Act or section 16(b) or 16(e) of the Soil County committee shall determine for (d) Adjustments. The tentative base Conservation and Domestic Allotment each old farm a base acreage for the cur acreage determined for a farm under Act, as amended, or under section 339 of rent year as provided in this section in paragraphs (a), (b) and (c) of this sec the Agricultural Adjustment Act of 1938, order to reflect past acreage of wheat, tion, as adjusted under this paragraph as amended, was at least 75 per centum tillable acreage available for production (d), shall be the base acreage for the of the farm wheat acreage allotment de of wheat, crop-rotation practices, type of farm. termined for such year under applicable soil and topography. Subject to the pro (1) The tentative base acreage for a regulations. visions of paragraphs (b), (c) and (d) farm for the current year shall be ad ***** of this section, these factors are deter justed downward as provided in subpara (iii) For any old farm other than amined to be adequately reflected by the graph (2) of this paragraph if the farm federally-owned farm on which less than base acreage established for the farm for wheat acreage for the second year pre 75 per centum of the wheat acreage allot the preceding year. ceding the current year was in excess of ment for 1964 and for each of the years (b) Tentative base acreage. The the farm wheat allotment for such year 1963 and 1962 was actually planted to tentative base acreage for each old farm (i.e., the 1965 tentative base acreage wheat or regarded as planted to wheat shall be as follows : would be so adjusted for excess acreage under the Soil Bank Act or section 16(b) (1) For a regular rotation farm, the in 1963;) except, that such wheat acreage or 16(e) of the Soil Conservation and base acreage established for the preced shall not be considered as being in excess Domestic Allotment Act, as amended, or ing year. of the farm wheat allotment if a quantity section 339 of the Agricultural Adjust (2) For an odd and even crop- of wheat equal to the farm marketing ex ment Act of 1938, as amended, the rotation farm, the base acreage estab cess was stqred or delivered to the Secre smaller of the 1964 base acreage or the lished for the preceding year, adjusted tary to avoid or postpone the marketing acreage obtained by multiplying the 1964 upward Or downward by application of penalty. If any wheat is subsequently wheat acreage, including the acreage re an adjustment factor. Such adjust removed from storage and penalty be garded as planted to wheat under the ment factor for each odd year shall be comes due, the wheat acreage on the Soil Bank Act or section 16(b) or 16(e) determined by dividing the 1963 base farm in the year in which penalty be of the Soil Conservation and Domestic acreage established under such regula comes due shall be considered as being Allotment Act, as amended, or section tions. Conversely, the adjustment fac in excess of the farm wheat allotment 339 of the Agricultural Adjustment Act tor for each even year shall be obtained and the downward adjustment pre of 1938, as amended, by the 1964 county by dividing such 1964 base acreage by scribed in subparagraph (2) of this para wheat diversion credit factor. such 1963 base acreage. Notwithstand graph shall apply to the tentative base ***** ing the above two sentences, where a acreage next established for the farm. (m) * * * changed odd and even rotation was (2) The adjusted base acreage shall be established beginning with the 1964 crop 80 per centum of the tentative base for (10) For the 1964 crop year, any acre the current year determined under para age of a wheat mixture in wheat mixture then the adjustment factor for each odd counties. year shall be determined by dividing the graph (b) of this section plus 20 per recommended 1965 base acreage by the centum of the wheat history acreage for ***** 1964 base acreage established under such the second year preceding the current 2. Section 728.10(p) is amended by in regulations. Conversely, the adjustment year: Provided, That if the tentative base serting immediately following the term factor for each even year beginning with acreage has been determined under para “ ‘wheat mixture counties’ ” the lan 1966 shall be obtained by dividing such graph (b) (4) of this section, the adjusted guage “, applicable to the 1964 crop 1964 base acreage by such 1965 base base acreage shall be 80 per centum of year,”; by adding the language “Florida,” acreage. If the low year base acreage such tentative base plus 20 per centum between “Arkansas,” and “Georgia”; and for any farm is zero, the high year tenta of the average of wheat allotments deter by adding the language “Louisiana,” be tive base acreage for such farm will be mined for the farm for the preceding tween “Kentucky,” and “Minnesota”. the base acreage determined for the year and the second year preceding the 3. Section 728.10(q) is amended by (a) farm for the second year preceding the current year. adding to the list of disposal dates by current year. (3) A downward adjustment shall be States, between the dates for Delaware (3) For an old farm having a crop- made in the tentative base acreage for and Georgia, the language “Florida— rotation system under which the acre a farm for the current year in any case April 25: all counties”; (b) deleting the age devoted to the production of wheat where the wheat history acreage for the county of Madison from the list of coun for harvest as grain has varied in a set second year preceding the current year ties of the State of Missouri having a dis pattern from year to year over a three was less than the base acreage estab posal date of May 15 and inserting “Mad or four year period, the prior year base lished for such year because of failure ison” between “Lincoln,” and “Maries,” acreage selected by thè county commit to plant at least 75 per centum of the in the list of counties in the State of Mis tee as applicable for the current year allotment in each of three consecutive souri having a disposal date pf May 25; for such farm under the rotation system. years. The adjusted base acreage in any in the State of Nebraska delete Banner (4) For an odd and even crop-rota such case shall be 80 per centum of the County from the list of counties having tion farm which the county committee tentative base for the current year deter a disposal date of June 20 and Furnas, determines should be changed to a reg mined under paragraph (b) of this sec Gosper and Phelps Counties from the list tion plus 20 per centum of the wheat ular rotation in the current year because history acreage for the second year pre of counties having a disposal date of May of past or prospective changes in crop- 15 and inserting under the State of Ne ceding the current year. braska the disposal date of “June 25” rotation practices, the tentative base (4) The county committee may adjust followed by “Banner” and inserting shall be the average of the base acreage the tentative base acreage for a farm “Furnas” between “Frontier” and “Gar for the preceding year and the tentative when it determines an adjustment is field”, “Gosper” between “Garfield” and base for the current year determined as necessary to obtain a farm base acreage “Greeley”, and “Phelps” between provided in subparagraph (2) of this which is equitable when compared with “Nance” and “Pierce” in the list of coun paragraph. base acreages established for other farms Friday, July 3, 1964 FEDERAL REGISTER 8395 which are similar with respect to crop- available information, it is hereby found [Lemon Reg. 118] rotation practices, type of soil, topog that the limitation of handling of such raphy and cropland available for the pro Valencia oranges, as hereinafter pro PART 910— LEMONS GROWN IN duction of wheat. The amount of adjust vided, will tend to effectuate the de CALIFORNIA AND ARIZONA ment under this clause shall not exceed clared policy of the act. 10 percent of the tentative base acreage. (2) It is hereby further found that it Limitation of Handling (5) In any case where a change in is impracticable and contrary to the pub § 910.418 Lemon Regulation 118. operation has occurred on a farm from lic interest to give preliminary notice, livestock to wheat production as the pri engage in public rule making procedure, (a) Findings. (1) Pursuant to the mary source of income, the county com and postpone the effective date of this marketing agreement, as amended, and mittee may adjust the tentative base section until 30 days after publication Order No. 910, as amended (7 CFR Part acreage for the farm so as to provide a hereof in the F ederal Register (5 U.S.C. 910; 27 F.R. 8346), regulating the han more efficient farming unit but in no case 1001-1011) because the time interven dling of lemons grown in California and shall such tentative base acreage be in ing between the date when information Arizona, effective under the applicable creased above 50 per centum of the acre upon which this section is based be provisions of the Agricultural Marketing age indicated by cropland. came available and the time when this Agreement Act of 1937, as amended (7 (6) The tentative base acreage shall section must become effective in order U.S.C. 601-674), and upon the basis of not be adjusted upward for the sole pur to effectuate the declared policy of the the recommendation and information pose of offsetting the effects of exceeding act is insufficient, and a reasonable time submitted by the Lemon Administrative the farm allotment in a prior year. is permitted, under the circumstances, Committee, established under the said (7) For a farm in a State which was for preparation for such effective time; amended marketing agreement and or not designated as a 1963 commercial and good cause exists for making the der, and upon other available informa wheat State, the county committee shall provisions hereof effective as hereinafter tion, it is hereby found that the limita adjust the tentative base up or down to set forth. The committee held an open tion of handling of such lemons as here include the effect of 1963 wheat acreage meeting during the current week, after inafter provided will tend to effectuate in such base by adding 80 per centum giving due notice thereof, to consider the declared policy of the act. of the 1964 base acreage to 20 per centum supply and market conditions for Valen (2) It is hereby further found that it of the 1963 wheat history acreage when cia oranges and the need for regulation; is impracticable and contrary to the pub the 1964 base does not represent the cur interested persons were afforded an op lic interest to give preliminary notice, rent crop rotation practices being fol portunity to submit information and engage in public rule-making procedure, lowed. .. - h** .. views at this meeting; the recommenda and postpone the effective date of this section until 30 days after publication (Secs. 301, 334, 334a, 339, 375, 52 Stat. 38, as tion and supporting information for reg amended, 53, as amended, 76 Stat. 621, 622, ulation during the period specified herein hereof in the F ederal R egister (5 U.S.C. as amended by 78 Stat. 179, 52 Stat. 66, as were promptly submitted to the Depart 1001-1011) because the time intervening amended; 7 U.S.C. 1301,1334,1335-note, 1339, ment after such meeting was held; the between the date when information upon 1375) provisions of this section, including which this section is based became avail its effective time, are identical with the able and the time when this section must Effective date: Date of publication in aforesaid recommendation of the com become effective in order to effectuate the Federal R egister. mittee, and information concerning such the declared policy of the act is insuffi Signed at Washington, D.C., on June provisions and effective time has been cient, and a reasonable time is per 30,1964. disseminated among handlers of such mitted, under the circumstances, for H. D. Godfrey, Valencia oranges; it is necessary, in preparation for such effective time; and Administrator, Agricultural order to effectuate the declared policy of good cause exists for making the pro Stabilization and Conservation Service. the act, to make this section effective visions hereof effective as hereinafter set [F.E. Doc. 64-6669; Filed, July 2, 1964; during the period herein specified; and forth. The committee held an open 8:52 am.] compliance with this section will not meeting during the current week, after require any special preparation on the giving due notice thereof, to consider part of persons subject hereto which supply and market conditions for lemons Chapter IX— Agricultural Marketing cannot be completed on or before the and the need for regulation; interested Service (Marketing Agreements and effective date hereof. Such committee persons were afforded an opportunity to Orders; Fruits, Vegetables, Tree meeting was held on July 1, 1964. submit information and views at this (b) Order. (1) The respective quantimeeting; the recommendation and sup Nuts), Department of Agriculture ties of Valencia oranges grown in Ari porting information for regulation dur [Valencia Orange Reg. 91 ] zona and designated part of California ing the period specified herein were which may be handled during the period promptly submitted to the Department PART 908— V A LEN C IA ORANGES beginning at 12:01 a.m., P.s.t., July 5, after such meeting was held; the pro GROWN IN ARIZONA AND DES 1964, and ending at 12:01 a.m., P.s.t., visions of this section, including its ef IGNATED PART OF CALIFORNIA July 12,1964, are hereby fixed as follows: fective time, are identical with the afore Limitation of Handling (1) District 1: Unlimited movement; said recommendation of the committee, (ii) District 2: 400,000 cartons; and information concerning such pro 8 908-391 Valencia Orange Regulation (iii) District 3: Unlimited movement. visions and effective time has been dis (2) As used in this section, “handled,” seminated among handlers of such (a) Findings. (1) Pursuant to the“handler,” “District 1,” “District 2,” and lemons; it is necessary, in order to ef marketing agreement, as amended, and “District 3,” and “carton” have the same fectuate the declared policy of the act, Order No. 908, as amended (7 CFR Part meaning as when used in said amended to make this section effective during the 908; 27 F.R. 10089), regulating the marketing agreement and order. period herein specified; and compliance handling of Valencia oranges grown in with this section will not require any (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. Arizona and designated part of Cali 601-674) special preparation on the part of per fornia, effective under the applicable sons subject hereto which cannot be provisions of the Agricultural Marketing Dated: July 2,1964 completed on or before the effective date Agreement Act of 1937, as amended (7 hereof. Such committee meeting was U.S.c. 601-674), and upon the basis of P aul A. N icholson, held on June 30, 1964. the recommendations and information Deputy Director, Fruit and Veg (b) Order. Cl) The respective quan submitted by the Valencia Orange etable Division, Agricultural tities of lemons grown in California and Administrative Committee, established Marketing Service. Arizona which may be handled during under the said amended marketing [FJR. Doc. 64-6758; Filed, July 2, 1964; the period beginning at 12:01 a.m., P.s.t., agreement and order, and upon other 11:34 a a ] July 5, 1964, and ending at 12:01 a.m., 8396 RULES AND REGULATIONS P.s.t., July 12, 1964, are hereby fixed as in §§ 1421.3821 through 1421.3829 and cottonseed of a particular crop must follows: on the face of loan drafts and Certifi submit an application to the Director, (1) District 1: Unlimited movement; cates of Interest issued by the Data Proc Farmer Programs Division, ASCS.'U.S. (ii) District 2: 372,000 cartons; essing Center shall include other eligible Department of Agriculture, Washington, (iii) District 3: Unlimited movement. financial institutions. D.C., 20250, on or before December 1 of (2) As used in this section, “handled,” (Sec. 4, 62 Stat. 1070, as amended; 15 U.S.C. the calendar year in which such cotton “District 1,” “District 2,” “District 3,” 714b. Interpret or apply sec. 5, 62 Stat. 1072; seed are grown, or by such later date as and “carton” have the same meaning as 15 U.S.C. 714C) the Executive Vice President, CCC may determine is necessary to alleviate hard when used in the said amended market Effective date: Upon publication in the ing agreement and order. ship in special cases, except that for the F ederal R egister. 1963 crop such date shall be December 1, (Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674) Signed at Washington, D.C., on June 1964. Each gin must meet the following 29, 1964. requirements: Dated: July 1,1964. E. A. Jaenke, (a) Producer-owned and controlled. P aul A. N icholson, Acting Executive Vice President, The gin must be producer-owned and Deputy Director, Fruit and Commodity Credit Corporation. under the control of its producer-mem Vegetable Division, Agricul [F.R. Doc. 64-6670; Filed, July 2, 1964; bers. The gin shall submit with its tural Marketing Service. 8:52 ajn.] application for determination of eligi [F.R. Doc. 64-6727; Filed, July 2, 1964; bility, information as to its method of 8:52 ajn.] operations showing the manner in which [CCC Cottonseed Purchase Program Regula producer-members have control. tions, Amdt. 1] (b) Articles of incorporation or bylaw PART 1443— OILSEEDS provisions. The articles of incorpo Chapter XIV— Commodity Credit Cor ration or association, or bylaws of the poration, Department of Agriculture Subpart— Cottonseed Purchase gin, must provide for the following ex SUBCHAPTER B— LOANS, PURCHASES, AND Program Regulations cept that subparagraphs (4), (5) and OTHER OPERATIONS (6) of this paragraph may be provided P ayments by Cooperative Gins [Amdt. 2] by a resolution of the board of directors The regulations issued by the Com if not provided in the articles of incor PART 1421— GRAINS AND SIMILARLY modity Credit Corporation on June 18, poration or association, or bylaws: HANDLED COMMODITIES 1963, published in 28 F.R. 6394, and con (1) Membership in the gin to be open taining specific requirements of the cot to all farmer-producers of cottonseed, Subpart— Provisions for Participation tonseed purchase program are hereby except that producers may be denied of Commercial Banks in Pools of amended its follows: membership on a reasonable basis, in CCC Price Support Loans on Certain 1. Paragraph (c) of § 1443.1943 is cluding, among other reasons, that the Commodities amended to permit payment by coopera membership of a farmer-producer would tive cotton gins of a part of the purchase not be in the best interest of the effective P articipation op Other Eligible price of cottonseed by issuance of re operation of the gin; F inancial I nstitutions volving-fund certificates so as to read as (2) Notice of any district, area, and The regulations issued by Commodity follows: annual meeting to be given to all mem Credit Corporation published in 29 F.R. § 1443.1943 Grade basis for purchase bers affected by such meeting; 3614, as amended, containing the terms price. (3) An annual membership meeting and conditions for participation in pools ***** to be held at a location which will pro of CCC price support loans on certain vide reasonable opportunity for all mem commodities, are hereby further amend (c) Advances by cooperative gins. Ifbers to attend and participate; ed to permit financial institutions other the gin is a cooperative gin and its by (4) Voting on election of officers and than commercial banks to participate in laws or the membership agreements be tween the gin and its members provide directors by secret ballot. such pools by adding a new § 1421.3830 for advances, the gin may advance a (5) A single vote for each member re as follows: part of the purchase price at the time gardless of the number of shares of § 1421.3830 Participation of other eligi each lot of cottonseed is purchased and stock owned or controlled by him or vot ble financial institutions. ing rights for each member based on pay the balance after completion of gin the quantity of his cotton ginned or (a) Eligibility. Notwithstanding any ning of the applicable crop but not later cottonseed handled by the gin during the other provisions of these regulations, a than July 31 of the calendar year fol current year dr a single preceding year, production credit association or an as lowing the year in which the crop of but whichever of the above described sociation organized pursuant to state cotton is grown. Such payments may methods of voting is practiced it shall be law and supervised by state banking au not be made in whole or in part by issu ance of revolving-fund certificates or by uniform for all members; and thorities which is not a commercial bank (6) Each member to receive a sum may participate in pools of loans pursu any other method of retention of amounts for capital purposes: Provided, mary financial report based on.an annual ant to these regulations in the same audit of the books and accounts of the manner as a coifimercial bank. Such That a gin which meets the requirements of § 1443.1943a may pay a part of the gin made by an independent public organizations are hereinafter called accountant. other eligible financial institutions. purchase price in revolving-fund cer tificates as provided therein. (c) Financial condition. The gin (b) Transit number. Other eligible shall be financially able to purchase financial institutions which desire to 2. Section 1443.1943a, establishing eli cottonseed from its producer-members. participate in pools of loans pursuant to gibility requirements which must be met The gin must submit with its applica these regulations shall apply to the Data by cooperative gins desiring to issue tion evidence establishing that its opera Processing Center for a transit number. revolving-fund certificates, is added to tion is on a financially sound basis. The Data Processing Center will assign read as follows: (d) Operations. The gin must: a number and notify the applicant. § 1443.1943a Cooperative cotton gins. (1) Have been in existence and must (c) Applicability of other sections. have been conducting cotton ginning and The provisions of §§ 1421.3821 through A cooperative cotton gin which meets cottonseed marketing operations for its 1421.3829 shall apply to other eligible fi the eligibility requirements of this sec producer-members for a period of not nancial institutions in the same manner tion, as determined by a Vice President, less than two years prior to the date of as they apply to commercial banks ex CCC, and files a Ginner’s Notice of In its application, or cept that all references to bank ABA tention to Participate, may pay a part (2) If it has not been in existence at number shall mean the transit number of the purchase price of cottonseed which assigned to the other eligible financial it purchases by issuance of revolving- least two years, submit evidence accept institution by the Data Processing Cen fund certificates. A gin desiring to able to CCC that it is so organized and ter. All references to commercial banks issue such certificates with respect to staffed as to provide effective ginning Friday, July 3, 1964 FEDERAL REGISTER 8397 and marketing operations for its pro bylaws, and with the representations In the Matter of Huneck’$, lnc„ a Cor ducer-members. made in its application. The books and poration, and Frank A. Huneck, In (e) Conflict of interest. The gin records of the gin for the years that the dividually and as an Officer of Said must submit with its application a de gin is approved must be available to any Corporation tailed report concerning all association duly authorized representative of the transactions (except those contracts U.S. Department of Agriculture for in Consent order requiring retail furriers entered into by the gin with its general spection at all reasonable times through in San Diego, Calif., to cease violating membership) for the year preceding the December 31 of the fifth year following the Fur Products Labeling Act by label date of the application: the calendar year in which the cotton ing fur products with fictitious prices; (1) With any director, officer, or prinr seed are grown. failing in advertising, invoicing, and cipal employee of the gin, or any of his labeling, to show the true animal name close relatives. (A close relative shall be (Sec. 4, 5, 62 Stat. 1070, as amended, secs. of fur, and when fur was “natural”; 301, 401, 63 Stat. 1053, 1054, as amended, sec. failing to disclose in advertising and deemed to refer to a husband or wife, or 601, 70 Stat. 212; 15 U.S.C. 714 b and c, 7 U.S.C. a person related as child, parent, 1447, 1421, 1446d) labeling when fur was artificially colored brother, or sister, by blood, adoption, or and to show the country of origin of marriage, and shall include in-laws The reporting and/or record-keeping imported furs in advertising; invoicing within such categories of relationship.); requirements contained herein have been mink as “Ermine”: failing to keep proper (2) With any partnership in which approved by the Bureau of the Budget in records as a basis for pricing claims; any person specified in subparagraph accordance with the Federal Reports Act substituting non-conforming labels for (1) of this paragraph is entitled to of 1942. those originally affixed to fur products; receive a percentage of the gross profits; and failing in other respects to comply Effective date. This amendment shall with requirements of the Act. (3) With any corporation in which any be effective upon publication in the F ed person specified in subparagraph (1) of eral R egister. The order to cease and desist, includ this paragraph owns stock; ing further order requiring report of Signed at Washington, D.C., on June compliance therewith, is as follows: (4) With any business entity from 30,1964. which any person specified in subpara It is ordered, That respondent graph (1) of this paragraph received H. D. Godfrey, Huneck’s, Inc., a corporation, and its fees for transacting business with or on Executive Vice President, Commodity Credit Corporation. officers, and respondent Frank A. behalf of the gin; or Huneck, individually and as an officer of (5) With any business entity in which [F.R. Doc. 64-6671; Filed, July 2, 1964; said corporation, and respondents’ rep an agent, director, officer, or employee of 8:52 a.m.] resentatives, agents and employees, di the gin was an agent, director, officer, or rectly or through any corporate or other employee. device, in connection with the intro The report shall include, but is not lim Title 16— COMMERCIAL duction, into commerce, or the sale, ad ited to, transactions involving purchases, vertising or offering for sale in com sales, handling, marketing, transporta merce, or the transportation or distribu tion, warehousing and related activities. PRACTICES tion in commerce, of any fur product; or A statement must also be submitted indi Chapter I— Federal Trade Commission in connection with the sale, advertising, cating whether any transactions of the offering for sale, transportation or dis kind described in this paragraph are con [Docket No. C-763] tribution, of any fur product which is templated in the period between the date PART 13— PROHIBITED TRADE made in whole or in part of fur which of the application and December 31 fol has been shipped and received in com lowing the calendar year in which the PRACTICES merce, as the terms “commerce”, “fur” cottonseed are grown, and if such trans Huneck’s, Inc., and Frank A. Huneck and “fur product” are defined in the Fur actions are contemplated, a detailed Products Labeling Act, do forthwith cease statement of the reasons therefor. The Subpart—Advertising falsely or mis and desist from : gin may not pay a part of the purchase leadingly: § 13.30 Composition of goods: A. Misbranding fur products by: price for cottonseed by issuance of re 13.30-30 Fur Products Labeling; § 13.155 1. Failing to affix labels to fur prod volving fund certificates unless it estab Prices: 13.155-40 Exaggerated as regular ucts showing in words and in figures lishes that any such transactions in the and customary. Subpart—Concealing, plainly legible all the information re two-year period ending December 31 fol obliterating or removing law required quired to be disclosed by each of the sub lowing the calendar year in which the and informative marking: § 13.512 Fur sections of section 4(2) of the Fur Prod cottonseed are grown, will not operate to products tags or identification. Sub ucts Labeling Act. the detriment of members of the gin. part—Invoicing products falsely: 2. Setting forth information required (f) Records maintained. The gin must § 13.1108 Invoicing products falsely: under section 4(2) of the Fur Products maintain a record of the quantity of 13.1108-45 Fur Products Labeling Act. Labeling Act and the rules and regula cottonseed purchased from producers, Subpart—Misbranding or mislabeling: tions promulgated thereunder in abbre and such record must show the purchase § 13.1212 Formal regulatory and statu viated form on labels affixed to fur prod price. tory requirements: 13.1212-30 Fur Prod ucts. (g) Distribution of proceeds. Proceeds ucts Labeling Act. Subpart—Neglect 3. Failing to set forth the term “Nat from eligible cottonseed disposed of by ing, unfairly or deceptively, to make ural” as part of the information required sale to CCC shall be distributed to pro material disclosure: § 13.1845 Composi to be disclosed on labels under the Fur ducers on a proportionate basis accord tion: 13.1845-30 Fur Products Labeling Products Labeling Act and the rules and ing to the quantity of such eligible Act; § 13.1852 Formal regulatory and regulations promulgated thereunder to cottonseied acquired from each such pro statutory requirements: 13.1852-35 Fur describe fur products which are not ducer. This provision shall not be con Products Labeling Act; § 13.1865 Manu pointed, bleached, dyed, tip-dyed, or strued to prohibit the gin from establish facture or preparation: 13.1865-40 Fur otherwise artificially colored. ing separate pools and distributing the Products Labeling Act; § 13.1900 Source 4. Failing to completely set out in proceeds proportionately to the produc or origin: 13.1900-40 Fur Products Label formation required under section 4(2) of ers whose cottonseed are included in ing Act. 13.1900-40(b) Place. Sub the Fur Products Labeling Act and the each pool. part—Using misleading name—Goods: rules and regulations promulgated there (h) Inspection and investigation. GCC § 13.2280 Composition: 13.2280-30 Fur under on one side of the label affixed to shall have the right, after an applica- Products Labeling Act. fur products. f01fu rece*ved, to examine all records (Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interpret 5. Representing, directly or by implica oi the gin and to make such investiga- or apply sec. 5, 38 Stat. 719, as amended; tion on labels, that any price, when ac <*eeme
o =3
< Ref. Fig. 3(b)(2). O (c) Actual length of runway required when effective length, considering obstacles, is not OC< determined in accordance with section 42.5. o (1) Curtiss model C—46 certificated for maximum weight of 45,000 pounds. (.0.55 factor.) z ,h*c Airplane weight in pounds and approach speeds1 in knots
Standard altitude in feet 40,000 V» 42,000 Vio 44,000 Vio 45,000 Vio
Distance in feet TAKEOFF FIELD LENGTH IN 100 FEET S.L...... 4,710 86 4,910 88 5,130 90 5,230 91 5,050 88 5,270 90 5,370 91 F igure 1 (a) (1 ). 1 000...... 4,840 86 91 2,000...... 4,960 86 5,180 88 5,410 90 5,510 Reference Table 1 (a) (1). 3,000...... 5,090 \ 86 5,320 88 5,550 90 5,660 91 4j000...... 5,230 86 5,460 88 5,700 90 5,810 91 s'ooo...... 5,360 86 5,600 88 5,850 90 5,960 91 ejooo...... 5,500 86 5,740 88 6,000 90 6,110 91 7000...... -...... 5,640 86 5,900 88 6,170 90 6,280 91 8,000...... - 5,790 86 6,050 88 6,340 90 6,450 91 1 Steady approach speed through 50 foot-height-knots TIAS denoted by symbol Vio. Ref. Fig. 3(c)a). For use with Curtiss model C-46 airplanes when approved for this weight. Friday, July 3, 1964 FEDERAL REGISTER 8411
Curtiss C-46 Models Certificated for maximum weight of 45,000 pounds. Takeoff limitation. Zero wind and zero gradient. Based on actual takeoff length when effective length is not determined. (0.85 factor.)
e
CXLQ < O z H< ia
60 70 TAKEOFF FIELD LENGTH IN 100 FEET F igure 1 (a) (2) . Reference Table 1 (a) (2).
Curtiss C-46 Models Certificated for maximum weight of 48,000 pounds. Takeoff limitation. Zero wind and zero gradient. Based on effective takeoff length. (1.00 factor.) CAR 42.91.
e
o «c ¡5 to
•40 50 60 70 TAKEOFF FIELD LENGTH IN 100 FEET
F igure 1(b) (1). Reference Table 1 (b) (1). 8412 RULES AND REGULATIONS
Curtiss C-46 Models Certificated for maximum weight of 48,000 pounds. Takeoff limitation. Zero wind and zero gradient. Based on actual takeoff length when effective length is not determined. (0.85 factor.)
TAKEOFF FIELD LENGTH IN 100 FEET F igure 1(b) (2) . Reference Table 1 (b) (2).
R unway Gradient Correction for Accelerate-Stop Distance For C-46 airplanes under CAR 42.91.
DOWNHILL ■ I UPHILL GRADIENT IN % Figure 1(c). January 27,1964. Friday Curtiss C—46 Models C—46 Maximum C ertificated W e ig h t 48,000 Founds En route limitations—One engine Inoperative. Drift-Down Cbart CAB 42.92. CAB 42.92. Single engine en route operation.
METO power on operating engine. T.I.A.S.= 130 mph or 112.7 knots. , uy 3 July , , 1964 EEA RGSE 8413 FEDERAL REGISTER ALTITUDE (STD.) FT.
AIRPLANE WEIGHT-LB. X I, 000 ' Nautic al F igure 2(a). Reference Table 2(a),
F igure 2 (c ).
X tz
MAX. CERTIFICATED WEIGHT OF 48,000 LB. LOW BLOWER OR £NQ. INSTALLATIONS OF 17QQ BHP(MCP) o oc IN LOW BLOWER < CLIMB SPEED 113 KNOTS (TIAS) o z 2 TERRAIN CLIMB REQUIREMENT v> CLEARANCE
45 50 AIRPLANE WEIGHT * LB. X 1,000 F igure 2 (b). Reference Table 3(b). STANDARD ALTITUDE - 1000 FEET summary. climb route En >400 -6 M C-46 -300 fili D aximum C RATECLIMB OF ertificated -100 F (FT/MIN) igure 2( ). (d 2 W eight
GEAR UP GEAR COWLS 20 COWLS LEFT ENGINE INOPERATIVE, • INOPERATIVE, ENGINE LEFT RIGHT ENGINE OPERATING AT OPERATING ENGINE RIGHT 3 P .. .S. 130MPHT.I.A UP FLAP LDSU, DOWN 1 UP, BLADES 2 PROPELLER FEATHEREDPROPELLER WITH 800 P 48,000 AIU OTNOS POWER MAXIMUMCONTINUOUS
ounds
ae nefcielniglnt titne etnto. (0.60 factor.) CABdestination. 42.93. intended at length landing gradient. effective zero on and ZeroBased wind limitations. Landing Certificated for maximum weight of 45,000 pounds. of weight maximum for Certificated ADN FED EGH N 100 LENGTHFEET IN FIELD LANDING I C 0 50 40 urtiss F igure -6 M C-46 3(a) (1) 3(a) odels
8414 8414 UE AD REGULATIONS AND RULES Friday, July 3, 1964 FEDERAL REGISTER
C u r t iss C-46 M odels Certificated for maximum weight of 48,000 pounds. TAnriing limitations. Zero wind and zero gradient. Based on effective landing length at Intended destination. (0.60 factor.) CAR 42.93.
LANDING FIELD LENGTH IN 100 FEET F igure 3(a) (2).
Curtiss C-46 Models Certificated for maximum weight of 45,000 pounds. Landing limitations. Zero wind and zero gradient. Based on effective landing length at alternate airports. (0.70 factor.) CAR 42.94.
UNDING FIELD LENGTH IN 100 FEET F igure 3(b) (1 ). No. 130- 1 8416 RULÉS AND REGULATIONS
Curtiss C—46 Models Certificated for maximum weight of 48,000 pounds. Landing limitations. Zero wind and zero gradient. Based on effective landing length at alternate airports. (0.70 factor.) CAB 42.94.
LANDING FIELD LENGTH IN 100 FEET F igure 3(b) (2).
Curtiss C-46 Models Certificated for maximum weight of 45,000 pounds. Tending limitations. Zero wind and zero gradient. Based on actual landing length when effective length is not determined. (0.55 factor.)
LANDING FIELD LENGTH IN 100 FEET.
F igure 3 (c) (1). Friday, July 3, 1964 FEDERAL REGISTER 8417
Curtiss C—46 Models [Airspace Docket No. 64-CE-10] Certificated for maximum weight of 48,000 pounds. PART 73— SPECIAL USE AIRSPACE Inning limitations. Zero wind and zero gradient. Based on actual landing length when effective length is not determined. (0.55 factor.) [NEW] Alteration of Restricted Area The purpose of this amendment to Part 73 [New] of the Federal Aviation Regulations is to alter the Sheboygan, Wis., restricted area R-6903. The De partment of the Air Force has requested that the designation of R-6903 be amended to reduce the Time of Desig nation between October 1 and April 30, annually, from 0800 to 1600 c.s.t., daily to 0800 to 1600 c.s.t., Saturday and Sunday. Since this amendment imposes no ad ditional burden on any person, notice and public procedure hereon are unnec essary and the amendment may be made effective immediately. In consideration of the foregoing, Part 73 [New] of the Federal Aviation Regulations is amended, effective imme diately, as hereinafter set forth. In § 73.69 (29 F.R. 1283) the R-6903 Sheboygan, Wis., restricted area is amended by deleting “Time of designa LANDING FIELD LENGTH IN 100 FEET tion. 0600 to 2200 c.s.t., May 1 through F igure 3(c) (2). September 30, and from 0800 to 1600 c.s.t., October 1 through April 30.” and [F.R. Doc. 64-6567; Filed, July 2,1964; 8:45 a.m.] substituting “Time of designation. 0600 to 2200 c.s.t., May 1 through September [Airspace Docket No. 64-CE-19] [Airspace Docket No. 64-SW-36] 30, and from 0800 to 1600 c.s.t., Satur day and Sunday, October 1 through PART 71— DESIGNATION OF FEDERAL PART 73— SPECIAL USE AIRSPACE April 30.” therefor. AIRWAYS, CONTROLLED AIRSPACE, [NEW] (Sec. 307(2) of the Federal Aviation Act of AND REPORTING POINTS [NEW] 1958; 49 U.S.C. 1348) Alteration of Restricted Area Issued in Washington, D.C., on June 26, Alteration of a Control Zone The purpose of this amendment to 1964. The purpose of this amendment to .§ 73.24 of the Federal Aviation Regula Lee E. Warren, Part 71 [New] of the Federal Aviation tions is to change the controlling agency Director, Air Traffic Service. Regulations is to alter the present de of the Fort Chaffee, Ark., Restricted [F.R. Doc, 64-6615; Filed, July 2, 1964; scription of the Jackson, Mich., control Area R-2401 and R-2402 from the “Fed 8:46 ajn.] zone. The Jackson radio beacon is eral Aviation Agency, Fort Worth ARTC scheduled for decommissioning on Center” to the “Federal Aviation Agency, June 30, 1964. The prescribed instru Memphis ARTC Center.” Chapter III— Federal Aviation Agency ment approach procedure based on the The Fort Chaffee restricted areas lie 313° bearing from the radio beacon is within the control area recently trans SUBCHAPTER C— AIRCRAFT REGULATIONS scheduled for cancellation concurrently ferred from tile Fort Worth ARTC Cen [Reg. Docket No. 6072; Amdt. 756] with the decomissioning. Therefore, ter to the Memphis ARTC Center in an PART 507— AIRWORTHINESS the pertinent control zone extension is adjustment by the Federal Aviation no longer required. Agency designed for more efficient use DIRECTIVES Since this amendment imposes no of the nation’s airspace. Therefore, ac Boeing Models 707-300B and -300C additional burden on any person, notice tion is taken herein to amend the con Series Aircraft and public procedure hereon are unnec trolling agency of these restricted areas. essary and the amendment may be made Since this amendment imposes no ad Several instances of cracks have oc effective June 30,1964. ditional burden on the public, notice and curred in the flanges of the fillet flap In consideration of the foregoing, public procedure hereon are unnecessary.- drive screw support assembly on Boeing Part 71 [New] of the Federal Aviation In consideration of the foregoing, Models 707-300B and -300C Series air Regulations is amended as hereinafter § 73.24 (29 F.R. 1237) is amended as craft. To correct this condition, an air set forth. ; follows: worthiness directive is being issued to In § 71.171 (29 F.R. 1101), the Jack- In R-2401 Fort Chaffee, Ark., and R- require inspection of the upper and lower son, Mich., control zone is amended by 2402 Fort Chaffee, Ark., “Controlling inboard and outboard flanges of the fillet deleting “within 2 miles each side of the Agency. Federal Aviation Agency, Fort flap drive screw support assembly and J13' bearing from the Jackson RBN, ex Worth ARTC Center.” is deleted and repair if any parts are found cracked. tending from the 5-mile radius zone to 8 “Controlling Agency. Federal Aviation As a situation exists which demands janes northwest of the RBN,” from the Agency, Memphis ARTC Center.” is sub immediate adoption of this regulation, text. stituted therefor. it is found that notice and public pro cedure hereon are impracticable and !???■ 3°7(a) of the Federal Aviation Act of This amendment shall become effec 1958; 49 U.S.C. 1348) tive 0001 e.s.t., July 1,1964. good cause exists for making this amend ment effective in less than 30 days after Issued in Washington, D.C., on (Sec. 307(a), 72 Stat. 749; 40 U.S.C. 1348) the date of publication in the F ederal June 26,1964. Issued in Washington, D.C., on June R egister. Daniel E. Barrow, 26,1964. In consideration of the foregoing, and Chief, Airspace Regulations Lee E. Warren, pursuant to the authority delegated to and Procedures Division. Director, Air Traffic Service. me by the Administrator (25 F.R. 6489), § 507.10(a) of Part 507 (14 CFR Part [P-R. Doc. 64-6614; Filed, July 2, 1964; [F.R. Doc. 64-6616; Filed, July 2, 1964; 507), is hereby amended by adding the 8:46 a.m.] 8:46 a.m.] following new airworthiness directive: 8418 RULES AND REGULATIONS
B o ein g . Applies to all Models 707-300B and 707-300C Series aircraft listed in Boeing Title 35— PANAMA CANAL Title 49— TRANSPORTATION Service Bulletin No. 1962 (R -l). • Compliance required as indicated. Chapter I— Canal Zone Regulations Chapter I— Interstate Commerce Cracks have occurred in the flange of the Commission left and right fillet flap drive support as PART 4— OPERATION AND NAVIGA sembly, P/Ns 65-22244-1 and -2. In each SUBCHAPTER A— GENERAL RULES AND instance the crack originated in the lower in TION OF PANAMA CANAL AND REGULATIONS board flange area of the subject assemblies. ADJACENT WATERS To correct this condition, accomplish the p a r t 6— fe e s , fo r c o p y in g , cer following: Maximum Speed of Vessels and t if ic a t io n AND SERVICES IN (a) Within 30 hours’ time in service after Motorboats the effective date of this AD, unless already CONNECTION THEREWITH accomplished within the last 100 hours’ Effective upon publication in the Fed Charges time in service, and thereafter at periods not eral Register, § 4.282 is amended and a to exceed 130 hours’ time in service from the new § 4.306 is added to read as follows: J une 30,1964. last inspection, visually inspect the upper Paragraph (h) of § 6.1 Charges, of the and lower inboard and outboard flanges of the § 4.282 Maximum speed of vessels. fillet flap drive screw support assemblies, Commission’s Regulations In the Matter P/Ns 65-22244-1 and -2 for cracks. Parts (a) A vessel ' in Canal Zone watersof Fees for Copying, Certification and found to be cracked shall be repaired before shall not exceed the speeds designated Services in Connection Therewith, is further flight in accordance with either para below, except in an emergency: amended to read as follows: graph (b ), (c), or (d ). (b) Repair cracks before further flight in Knots (h) Transcript of testimony and of accordance with Boeing Service Bulletin No. Atlantic entrance to Gatun Locks------12 oral argument, or extracts therefrom, 1962 (R -l), Paragraph 3, Part II, “Repair Gatun Lake in a 1,000-foot channel----- 18 may be purchased by the public from the Data”, or later FAA-approved revisions; or in Gatun Lake in an 800-foot channel____ 15 Commission’s official reporter. For the a manner approved by the Chief, Aircraft Gatun Lake in a 500-foot channel_____ 12 fiscal year beginning July 1, 1964, the Engineering Division, PAA Western Region. When rounding Buoy No. 17 in Gatun official reporter is the CSA Reporting (c) Stop drill the crack(s) in the flange Reach northbound______10 Corporation, 939 D Street NW., Wash with 0.25 inch hole(s) and shim in accord Gaillard Cut (in the straight reaches): ington, D.C., and transcripts will be fur ance with step “D”, Part II, of Service Bul Vessels under 300 feet in length------8 letins Nos. 1962(R -l) and 1962(R~1)A, and Vessels 300 feet or more in length: nished to the public at the following In 500-foot channel______8 maximum rates per page of approxi do not remove the flange. mately 200 words: No t e : In this case the flange would serve In 300-foot channel______6 as the filler. (or as near 6 knots as possible on 85 cents per page for hearings or arguments dead slow or in order to maintain held at Washington, D.C., and (d) If the maximum total length of the 95 cents per page for hearings or arguments crack or the series of cracks does not exceed steerageway) Gamboa: When passing reserve fleet held at points in the United States other 6 inches in the upper and lower outboard than Washintgon, D.C., and other than in flanges and 2 inches in the upper and lower basin, concrete dock, or floating crane the States of Alaska and Hawaii. inboard flanges: berth; and when entering Gaillard (1) Stop drill any crack or cracks with a C u t______6 Application for copies and payment 0.25 inch hole. Miraflores Locks to Buoy No. 14— ;----,— 6 therefor should be made direct to the (2) Visually inspect cracks daily which Buoy No. 14 to Pacific entrance------12 official reporter. have been stop drilled, for growth or propa gation beyond the stop drill hole. If any (b) A vessel in Canal Zone waters at (Sec. 501, 65 Stat. 290; 5 U.S.C. 140) growth is noted, additional stop drilling is [seal] Harold D. McCoy, required with the total crack length includ locations other than those specified in ing propagation not to exceed the limits subsection (a) of this section, including Secretary. specified above. If a crack or cracks are Gatun Anchorage, when rounding Bohio Note: The following statement of policy found which exceed these limits, they must and Darien Bends, Miraflores Lake, and relating to the matter of the official reporting be repaired before further flight in accord in or near the locks, shall not exceed a service for the Interstate Commerce Com ance with paragraph (b) or (c). mission, dated June 11, 1964, is attached to (3) Accomplish a permanent repair in ac speed that is safe under the existing the original document. cordance with paragraph (b) or (c) within circumstances and conditions, except in During the past five years, the Commis 125 hours’ time in service after crack an emergency. sion has experienced serious difficulty obtain detection. ing responsive bids for its reporting services (e) When a permanent repair of cracked (c) This section does not apply to contract. Only one responsive bid was re flanges Is accomplished in accordance with motorboats, as defined in § 4.306(b) or to ceived each year during this period. For fis paragraph (b) or (c) or if the preventive vessels of the Panama Canal Company. cal year 1965, beginning July 1, 1964, the modification of uncracked flanges in Part Commission received no responsive bids to ttt of Service Bulletins Nos. 1962(R -l), § 4.306 Maximum speed of motorboats its invitation for bids on the contract for re 1962(R -l) A, or later FAA-approved revisions and Panama Canal Company vessels. porting services. is accomplished, the repetitive inspections The lack of bidders for the contract results specified in paragraph (a) may be discon (a) Motorboats and vessels of the from the steadily decreasing sales of copies tinued. Panama Canal Company when under of the official transcript by the Official Re (f) Upon request of an operator, an FA A way in Canal Zone waters shall proceed porter. It was brought to the Commission’s maintenance inspector, subject to prior at a speed which is reasonable under attention that the decrease in sales is directly approval of the Chief, Aircraft Engineering connected with the recopying of the tran Division, FAA Western Region, may adjust the existing circumstances and condi script by the Practitioners in Commission the repetitive inspection intervals specified tions and which does not create a haz proceedings from sources other than the Offi in this AD to permit compliance at an estab ard to life or property. cial Reporter. On a number of occasions the lished inspection period of the operator if (b) For the purposes of this section, a members of the Commission’s bar through the request contains substantiating data to their committee representatives have been justify the increase for such operator. motorboat is defined as a vessel propelled informed by the Commission that the con (Boeing Service Bulletins Nos. 1962(R-1) by machinery and not more than sixty- tinuance of the practice of recopying tran and 1962(R -l)A cover this same subject.) five feet in length as measured from end scripts by sources other than the Official Re porter would jeopardize efforts to obtain bid This amendment shall become effec to end over the deck. ders for contracts for reporting services. tive July 8, 1964. [2 C.Z.C. sec. 1331, 76A Stat. 46; E.O. 9746, 11 However, despite assurances that the unoffi F.R. 7329, 3 CFR, 1943-1948 Comp.; E.O. cial recopying practice would be discouraged, (Secs. 313(a), 601, 603 ; 72 Stat. 752, 775, 776; there has been little affect upon the sales o 49 U.S.C. 1354(a), 1421,1423) 10595, 20 F.R. 819, 3 CFR, 1954-1958 Comp.; official copies. The sale of official copies has Issued in Washington, D.C., on June 29, 35 CFR 4.281] continued to decrease with the result that, as stated, no responsive bids were received to 1964. R obert J. F leming, Jr., the Commission’s recent invitation for blew W. Lloyd Lane, Governor. for the reporting contract for fiscal year 196 • Acting Director, Since the present contract for reporting , Flight Standards Service. J une 24,1964. services expires June 30, 1964, the Commis [F.R. Doc. 64-6617; Filed, July 2, 1964; [FJR. Doc. 64-6649; Filed, July 2, 1964; sion was confronted with the serious situa 8:47 a.m.] 8:49 am .] tion of having no reporter service availam Friday, July 3, 1964 FEDERAL REGISTER 8419 to record the hundreds of hearings scheduled Utah, and upon the Association of [Sixth Rev. S. 0 . 95; Arndt. 2] for July 1964 as well as those which will be American Railroads, Car Service Di held during the remainder of the year. In PART 95— CAR SERVICE order to prevent a cessation of Commission vision, as agent of the railroads subscrib proceedings, steps were immediately taken to ing to the car service and per diem agree Appointment of Refrigerator Car negotiate a contract with the present Official ment under the terms of that agreement ; Agent Reporter. These negotiations were success and that notice of this order shall be fully concluded only after the contractor was given to the general public by depositing At a Session of the Interstate Com assured that the Commission would take af a copy in the office of the Secretary of merce Commission, Safety and Service firmative measures to discourage the practice the Commission at Washington, D.C., Board No. 1» in Washington, D.C. on the of recopying transcripts of hearings by un 29th day of June A.D. 1964. official sources. In addition, the Commission and by filing it with the Director, Office agreed to permit the contractor to cancel the of the Federal Register. Upon further consideration of Sixth field portion of the contract upon 30 day’s Revised Service Order No. 95 (27 F.R. By the Commission, Safety and Service 6234; 28 F.R. 6510) and good cause ap notice in the event that these measures Board No. 1. proved unsuccessful. pearing therefor: The Commission having been informed of [seal] Harold D. McCoy, It is ordered, That: this matter announces the following state Secretary. Section 95.95 Appointment of refrig ment of policy: erator car agent of Sixth Revised Serv The Commission has determined that it is [P.R. Doc. 64-6653; Piled, July 2, 1964; ice Order No. 95, be, and it is hereby In the public interest to limit, to the fullest 8:50 a.m,] extent possible the cost of purchases of the amended by substituting the following official transcripts by the general public. In paragraph (d) for paragraph (d) addition, the Commission is aware that the [S. 0.952; Arndt. 1] thereof: Official Reporter’s ability to perform the § 95.95 Service Order 95. duties set forth in the contract will be PART 95— CAR SERVICE seriously impaired if his sales of copies of Denver and Rio Grande Western ***** these official transcripts decrease, and that (c) Effective date: This amendment this would adversely affect the Commission’s Railroad Authorized To Operate shall become effective at 11:59 p.m., June ability to perform its statutory duties to the Over Industrial Trackage of the 30, 1964. detriment of the public interest. Prac Freeport Center, Inc. titioners before the Commission have a duty (d) Expiration date: This order shall to uphold the policies of the Commission At a Session of the Interstate Com expire at 11:59 a.m., June 30, 1965, un with respect to its procedures; therefore, it merce Commission, Safety and Service less otherwise modified, changed, sus is the Commission’s firm policy to discourage Board No. 1, held in Washington, D.C., pended, or annulled by the order of this the reproduction of copies of transcript from on the 29th day of June A.D. 1964. Commission. any source other than the Official Reporter. A statement of the Commission’s policy shall Upon further consideration of Service (Sec. 1, 12, 15, 24 Stat. 379, 383, 384, as be made by the Hearing Officer or by a Joint Order No. 952 (29 F.R. 1386) and good amended; 49 U.S.C. 1, 12, 15. Interprets or Board in each Commission proceeding. cause appearing therefor: applies sec. 1(10-17), 15(4), 40 Stat. 101, as It is ordered, That: amended, 54 Stat. 911; 49 TJ.S.C. 1(10-17), [PR. Doc. 64-6632; Piled, July 2, 1964; 15(4)) 8:52 a.m.] Section 95.952(a) „ Denver and Rio Grande Western Railroad authorized to It is further ordered, That a copy of operate over industrial trackage of the [S.O. 951; Arndt. 1] this amendment shall be served upon the Freeport Center, Inc., oi Service Order Association of American Railroads, Car PART 95— CAR SERVICE No. 952, be, and it is hereby amended Service Division, as agent of the rail by substituting the following paragraph roads subscribing to the car service and Union Pacific Railroad Authorized To (f) for paragraph (f) thereof: per diem agreement under the terms of Operate Over Industrial Trackage § 95.952 Service Order 952. that agreement; and that notice of this of the Freeport Center, Inc. ***** amendment be given to the general public At a session of the Interstate Com by depositing a copy in the Office of the merce Commission, Safety and Service (e) Effective date: This amendment Secretary of the Commission at Wash Board No. 1, held in Washington, D.C., shall become effective at 11:59 p.m., June ington, D.C., and by filing it with the Di on the 29th day of June A.D. 1964. 30,1964. rector, Office of the Federal Register. Upon further consideration of Service (f) Expiration date: This order shall By the Commission, Safety and Service Order No. 951 (29 P.R. 1386) and good expire at 11:59 p.m., December 31, 1964, Board No. I. cause appearing therefor: unless otherwise modified, changed, sus It is ordered, T hat: pended, or annulled by order of this Com [seal] H arold D. M cCoy, Section 95.951 (a) Union Pacific Rail- mission. Secretary. road authorized to operate over indus (Secs. 1, 12, 15, 24 Stat. 379, 383, 384, as [F.R. Doc. 64-6655; Filed, July 2, 1964; trial trackage of the Freeport Center, amended; 49 U.S.C. 1, 12, 15. Interprets or 8:50 axa.] Inc., of Service Order No. 951, be, and it applies secs. 1(10-17), 15(4), 40 Stat. 101, as is hereby amended by substituting the amended, 54 Stat. 911, 49 U.S.C. 1(10-17), following paragraph (f) for paragraph 15(4)) [S.O. 941; Arndt. 3] (f) thereof: It is further ordered, That copies of PART 95— CAR SERVICE § 95.951 Service Order 951. this amendment shall be served upon the ***** Department of Business Regulation— Chicago and North Western Railway Public Service Commission, State of Company Authorized To Operate (e) Effective date. This amendment Utah, and upon the Association of Amer Over Certain Trackage of the Chi shall become effective at 11:59 p.m., ican Railroads, Car Service Division, as June 30,1964. agent of the railroads subscribing to the cago North Shore and Milwaukee Railway (f) Expiration date: This order car service and per diem agreement un shall expire at 11:59 p.m., December 31, der the terms of that agreement; and At a Session of the Interstate Com 1964> unless otherwise modified, changed, that notice of this order shall be given to merce Commission, Safety and Service suspended, or annulled by order of this the general public by depositing a copy Board No. 1, held in Washington, D.C., commission. in the office of the Secretary of the Com on the 29th day of June A.D. 1964. mission at Washington, D.C., and by Upon further consideration of Service *» !2, 15, 24 Stat. 379, 383, 384, a* filing it with the Director, Office of the anni^6^’ 49 U.S.C. 1, 12, 15. Interprets oi Order No. 941 (28 F.R. 645, 3917, 14225) ®ecs- 1(10-17), 15(4), 40 Stat. 101, as Federal Register. and good cause appearing therefor: 15(4^ed 54 Stat< 911, 49 u -s -c - 1(10-17), By the Commission, Safety and Serv It is ordered, That : ice Board No. 1. Section 95.941(a) Chicago and North Western Railway Company authorized thi* W farther ordered, That copies of [seal] H arold D. M cCoy, to operate over certain trackage of the j? ^endm ent shall be served upon the Secretary. Chicago North Shore and Milwaukee ^Partaient of Business Regulation— [FR. Doc. 64-6654; Filed, July 2, 1964; uouc Service Commission, State of Railway of Service Order No. 941, be, and 8:50 ajn.] it is hereby amended by substituting the 8420 RULES AND REGULATIONS following paragraph (g) for paragraph It is further ordered, That copies of It appearing, that deletion of § 194.6 (g) thereof : this amendment shall be served upon (49 CFR 194.6) of the Code of Federal the Feather River Railway Company, Regulations from the Motor Carrier § 95.941 Service Order 941. the Public Utilities Commission of the Safety Regulations is warranted, and * • * * * State of California, and upon the Asso It further appearing, that a petition (f) Effective date: This amendment ciation of American Railroads, Car Serv filed by Swift and Company dated No shall become effective at 11:59 pm., ice Division, as agent of the railroads vember 13,1963, requests that § 191.10 of June 30, 1964. subscribing to the car service and per the Code of Federal Regulations be (g) Expiration date: This order shall diem agreement under the terms of that amended; that a petition filed by the expire at 11:59 p.m., December 31, 1964, agreement; and that notice of this order National Association of Motor Bus Own unless otherwise modified, changed, sus shall be given to the general public by ers on February 6, 1964, requests that a pended, or annulled by order of this depositing a copy in the office of the new Part 199 be approved to grant cer Commission. Secretary of the Commission at Wash tain relief from Parts 191, 193, 195, and (Secs. 1, 12, 15. 24 Stat. 379, 383, 384, as ington, D.C., and by filing it with the 196 of the Code of Federal Regulations amended; 49 U.S.C. 1, 12, 15. Interprets or Director, Office, of the Federal Register. for buses trip leased by passenger car applies sécs. 1(10-17), 15(4), 40 Stat. 101, as riers from certificated motor carriers of amended, 54 Stat. 911; 49 U.S.C. 1(10-17), By the Commission, Safety and Serv ice Board No. 1. passengers; and 15(4)) It further appearing, that amendment It is further ordered, That a copy of [seal] Harold D. McCoy, of §§ 191.2(b), 191.8,191.10,193.20,193.95 this amendment shall be served upon the Secretary. (f)(4), 195.2(b), and 195.8(r) (49 CFR Association of American Railroads, Car [FJR. Doc. 64-6657; FUed, July 2, 1964; 191.2(b), 191.8, 191.10, 193.20, 193.95(f) Service Division, as agent of the rail 8:51 a.m.] (4), 195.2(b), and 195.8(r)) of the Code roads subscribing to the car service and of Federal Regulations, relating to quali per diem agreement under the terms of fications of drivers, parts and accessories that agreement; and that notice of this [Ex Parte Nos. MC-40, MC-40 (Sub No. 1) necessary for safe operation, reporting of amendment be given to the general MC—40 (Sub No. 3)] accidents and hours of service of drivers, public by depositing a copy in the office SUBCHAPTER B— CARRIERS BY MOTOR VEHICLE is warranted and good cause appearing of tiie Secretary of the Commission at therefor; and Washington, D.C., and by filing it with PART 191— QUALIFICATIONS OF It further appearing, that pursuant to the Director, Office of the Federal DRIVERS section 4(a) of the Administrative Pro Register. cedure Act (60 Stat. 237, 5 U.S.C. 1003) PART 193— PARTS AND ACCESSORIES for good cause it is found that notice of By the Commission, Safety and Serv NECESSARY FOR SAFE OPERATION proposed rule making is unnecessary; ice Board No. 1. PART 194— REPORTING OF Upon consideration of the record and [seal] Harold D. McCoy, good cause appearing therefor: Secretary. ACCIDENTS It is ordered, That § 194.6 (49 CFR [F.R. Doc. 64-6656; Filed, July 2, 1964; PART 195— HOURS OF SERVICE 194.6) of the Code of Federal Regulations 8:50 am .] OF DRIVERS be, and it is hereby vacated. It is ordered, That §§ 191.2(b), 191.8, Qualifications and Maximum Hours 191.10,193.20,193.95(f) (4), 195.2(b), and [S.O. 942; Arndt. 3] of Service of Employees of Motor 195.8 (r) (49 CFR 191.2(b), 191.8, 191.10, 193.20, 193.95(f)(4), 195.2(b), and 195.8 PART 95— CAR SERVICE Carriers and Safety of Operation and Equipment (r)) of the Code of Federal Regulations Feather River Railway Company Au be, and they are hereby amended to read At a session of the Interstate Com as follows: thorized To Operate Over Certain merce Commission, Motor Carrier Board Trackage Formerly Operated by the No. 2, held at its office in Washington, § 191.2 Minimum requirements. Western Pacific Railroad Company D.C., on the 25th day of June A.D. 1964. * * * * * (b) Eyesight. Visual acuity of at At a Session of the Interstate Com The matter of qualifications of drivers, parts and accessories necessary for safe least 20/40 (Snellen) in each eye either merce Commission, Safety and Service without glasses or by correction with Board No. 1, held in Washington, D.C., operation, reporting of accidents, and hours of service of drivers, under the glasses; form field of vision in the hori on the 29th day of June A.D. 1964. zontal meridian shall not be less than a Upon further consideration of Serv Motor Carrier Safety Regulations pre scribed by Order of April 14, 1952, as total of 140 degrees; ability to distin ice Order No. 942 (28 F.R. 826, 6016, guish colors red, green, and yellow; 14225) and good cause appearing amended, being under consideration; and drivers requiring correction by glasses therefor: The matter of revision of §§ 191.2(b), shall wear properly-prescribed glasses at It is ordered, That: all times when driving. Section 95.942(a) Feather River Rail 191.8, and 191.10 only insofar as they way Company authorized to operate over relate to obsolete grandfather dates and ***** certain trackage formerly operated by the possible authorization upon request § 191.8 Original physical examination the Western Pacific Railroad Company to maintain certificates of physical ex of drivers. of Service Order No. 942, be, and it is amination at other than the carrier’s No person shall drive nor shall any hereby amended by substituting the fol principal place of business, the matter of motor carrier require or permit any per lowing paragraph Ce) for paragraph (e) revision of § 193.20 to clarify the position son to drive any motor vehicle unless thereof : of clearance lamps on towed units, the such person shall have been physically matter of revision of Part 194 only to examined and shall have been certified § 95.942 Service Order 942. vacate § 194.6 to eliminate the necessity by a licensed doctor of medicine or ***** for motor carriers to maintain more than osteopathy as meeting the requirements (d) Effective date: This amendment one copy of Form BMC 50T or Form of § 191.2: Provided, however, That this shall become effective at 11:59 p.m., BMC 50B in their files, the matter of section shall not apply to drivers of June 30,1964. revision of § 193.95(f) (4) to be in con motor vehicles controlled and operated (e) Expiration date: This order shall formance with provisions of § 192.25, the by any farmer when used in the trans expire at 11:59 p.m., December 31, 1964, matter of revision of § 195.8(r) to permit portation of agricultural commodities or unless otherwise modified, changed, sus motor carriers to accept a statement cer products thereof from his farm, or n1 pended, or annulled by order of this tifying as to previous hours on duty in the transportation of supplies to his Commission. lieu of copies of drivers’ daily logs when using a driver for the first time or inter (Secs. 1, 12, 15, 24 Stat. 379, 383, 384, as mittently, the matter of revision of § 191.10 Certificate of physical exami amended; 49 U.S.C. 1, 12, 15. Interprets or nation. applies secs. 1(10—17), 15(4), 40 Stat. 101, as § 195.2(b) to delete the distance restric amended, 54 Stat. 911; 49 U.S.C. 1(10-17), tion stated in § 195.2(b), being under If a physical examination is required 15(4)) consideration; and by § 191.8 or 191.9, every motor carrier Friday, July 3, 1964 FEDERAL REGISTER 8421
shall have In its files at its principal sives, Class A or Class B; any cargo tank mentioned petitions be, and they are place of business for every driver em motor vehicle used for the transportation hereby denied. ployed or used by it a legible certificate of flammable liquids or flammable com It is further ordered, That this order of a licensed doctor of medicine or pressed gas whether loaded or empty; or shall be effective June 30,1964, and shall osteopathy based on a physical examina any motor vehicle using compressed gas continue in effect until further order tion as required by §§ 191.8 and 191.9 or as a motor fuel; but in lieu of such flares of the Commission. a legible photographically reproduced or fusees, three electric lanterns or three And it is further ordered, That notice copy thereof, provided however, that a red emergency reflectors shall be carried. of this order shall be given to motor motor carrier may upon written request * * * ♦ * carriers and the general public by de to and upon receiving consent from the § 195.2 Definitions. positing a copy thereof in the office of the Director of the Bureau of Motor Car Secretary of the Interstate Commerce riers retain such certificates at such * * * * * Commission, Washington, D.C., and by regional or terminal offices as are pro (b) Driving time. The term “drive”filing a copy thereof with the Director, posed by the carrier and approved by and “driving time” shall include all time Office of the Federal Register. the Director. Every driver, if a physical spent at the driving controls of a motor examination is required with respect to vehicle in operation. All stops made in By the Commission, Motor Carrier him by §§ 191.8 and 191.9, shall have in any one village, town, or city, may be Board No. 2.- his possession while on duty, such a computed as one. [seal] H arold D. M cCoy, certificate, or a photographically repro * * * * * Secretary. duced copy thereof covering himself. § 195.8 Driver’s daily log. [F.R. Doc. 64-6633; Filed, July 2, 1964; § 193.20 Clearance lamps to indicate ***** 8:48 am.] extreme width and height. (r) Filing driver’s log. The driver shall forward each day the original log Clearance lamps shall be mounted so SUBCHAPTER E— INTERMODAL to his home terminal or to the motor car TRANSPORTATION as to indicate the extreme width of the rier’s principal place of business. When motor vehicle (not including mirrors) the services of a driver are used by more [Ex Parte 230] and as near the top thereof as practica than one carrier during any calendar PART 500— CHARGES AND PRAC ble; provided, that when rear identifica day, the driver shall furnish each such tion lamps are mounted at the extreme carrier a copy of the log containing full TICES OF FOR-HIRE CARRIERS OF height of the vehicle,, rear clearance and complete entries including: The en- PROPERTY PARTICIPATING IN lamps may be mounted at optional »try of all duty time for the entire day; TRAILER-ON-FLATCAR SERVICE height; and provided further, that when the name of each such carrier served by mounting of front clearance lamps at the driver that day; and the beginning Postponement of Effective Date the highest point of a trailer results in and finishing time, showing a.m. or pm., Upon consideration of the record in such lamps failing to mark the extreme worked for each carrier. Motor carriers the above-entitled proceeding; and good width of the trailer, such lamps may be when using a driver for the first time cause appearing therefor: mounted at optional height but must in or intermittently shall obtain from the It is ordered, That the effective date of dicate the extreme width of the trailer. driver a signed statement giving the total the order of the Commission entered Clearance lamps on truck tractors shall time on duty during the immediately herein on March 16, 1964 (29 F.R. 4914), be so located as to indicate the extreme preceding seven days and time at which be, and it is hereby postponed pending width of the truck tractor cab. such driver was last relieved from duty further order of the Commission. prior to beginning work for such carrier. § 193.95 Emergency equipment on all Dated at Washington, D.C., this 29th power units. ***** day of June A.D. 1964. * * * * * (Sec. 204, 49 Stat. 646, as amended; 49 U.S.C. (f) Warning devices for stopped ve 304) By the Commission, Chairman Goff. hicles, * * * (4) Flares (pot torches), It is further ordered, That except to [seal] H arold D . M cCoy, fusees, oil lanterns, or any signal pro the extent that §§ 191.10 and 195.8(r) of Secretary. duced by a flame shall hot be carried on the Code of Federal Regulations are [F.R. Doc. 64-6634; Filed, July 2, 1964; any motor vehicle transporting explo modified by this order, the above- 8:48 a.m.] Proposed Rule Making
authority having supervision over such taxable year preceding the taxable year, or DEPARTMENT OF THE TREASURY associations; (ii) was a domestic building and loan asso (B) Substantially all of the business of ciation solely by reason of the second sen Internal Revenue Service which consists of acquiring the savings of tence of this paragraph for the first taxable the public and investing in loans described year preceding the taxable year (but not for [ 26 CFR Part 301 1 in subparagraph (C); the second preceding taxable year). At the (C) At least 90 percent of the amount of election of the taxpayer, the percentages PROCEDURE AND ADMINISTRATION the total assets of which (as of the close of specified in this paragraph shall be applied the taxable year) consists of (i) cash, (ii) on the basis of the average assets outstand Notice of Proposed Rule Making obligations of the United States or of a ing during the taxable year, in lieu of the State or political subdivision thereof, stock close of the taxable year, computed under Notice is hereby given, pursuant to the or obligations of a corporation which is an regulations prescribed by the Secretary or his Administrative Procedure Act, approved instrumentality of the United States or of a delegate. June 11, 1946, that the regulations set State or political subdivision thereof, and • * * * * forth below are proposed to be prescribed certificates of deposit in, or obligations of, a (32) Cooperative bank. The term "cooper by the Commissioner of Internal Rev corporation organized under a State law ative bank” means an institution without enue, with the approval of the Secretary which specifically authorizes such corpora capital stock organized and operated for of the Treasury or his delegate. Prior to tion to insure the deposits or share accounts mutual purposes and without profit, which— the final adoption of such regulations, of member associations, (ill) loans secured (A) Either— consideration will be given to any com by an interest in real property and loans (i) Is an insured Institution within the ments or suggestions pertaining thereto made for the improvement of real property, meaning of section 401(a) of the National (iv) loans secured by a deposit or share of a Housing Act (12 U.S.C., sec. 1724(a)), or which are submitted in writing, in dupli member, (v) property acquired through the (ii) Is subject by law to supervision and cate, to the Commissioner of Internal liquidation of defaulted loans described in examination by State or Federal authority Revenue, Attention: CC:LR, Washing clause (iii), and (vi) property used by the having supervision over such institutions, ton, D.C., 20224, within the period of 30 association in the conduct of the business and days from the date of publication of this described in subparagraph (B ); (B) Meets the requirements of subpara notice in the F ederal R egister. Any (D) Of the assets of which taken into graph (B), (C), (D), (E), and (F) of para person submitting written comments or account under subparagraph (C) as assets graph (19) of this subsection (relating to constituting the 90 percent of total assets— definition of domestic building and loan suggestions who desires an opportunity (i) At least 80 percent of the amount of association) determined with the application to comment orally at a public hearing on such assets consists of assets described in of the second, third, and fourth sentences of these proposed regulations should sub clauses (i), (ii), (lv), and (vi) of such sub- paragraph (19). mit his request, in writing, to the Com paragraph and of loans secured by an inter In determining whether an institution meets missioner within the 30-day period. In est in real property which is (or, from the the requirements referred to in subparagraph such case, a public hearing will be held, proceeds of the loan, will become) residential (B) of this paragraph, any reference to an and notice of the time, place, and date real property or real property used primarily association or to a domestic building and will be published in a subsequent issue for church purposes, loans made for the im loan association contained in paragraph (19) provement of residential real property or real shall be deemed to be a reference to such of the F ederal R egister. The proposed property used primarily for church purposes, regulations are to be issued under the institution. In the case of an institution or property acquired through the liquidation which, for the taxable year, is a cooperative authority contained in section 7805 of of defaulted loans described in this clause; bank within the meaning of the first sen the Internal Revenue Code of 1954 (68A and tence of this paragraph by reason of the Stat. 917; 26 U.S.C. 7805). (il) At least 60 percent of the amount of application of the second and third sentences such assets consists of assets described in of paragraph (19) of this subsection, the [seal] B ertrand M. Harding, clauses (i), (ii), (iv), and (vi) of such sub- deduction otherwise allowable under section Acting Commissioner paragraph and of loans secured by an in 166(c) for a reasonable addition to the re of Internal Revenue. terest in real property which is (or, from serve for bad debts shall, under regulations the proceeds of the loan, will become) resi prescribed by the Secretary or his delegate, be In order to conform the Regulations on dential real property containing 4 or fewer reduced in a maimer consistent with the re Procedure and Administration (26 CFR family units or real property used primarily ductions provided by the table contained in Part 301) under section 7701 of the In for church purposes, loans made for the im section 593(b) (5). ternal Revenue Code of 1954 to section provement of residential real property con taining 4 or fewer family units or real prop [Sec. 7701, as amended by sec. 22(g), (h), 6(c) of the Revenue Act of 1962 (76 Stat. Alaska Omnibus Act (73 Stat. 146, 147); sec. 960) and section 5 of the Act of October erty used primarily for church purposes, or property acquired through the liquidation 18(1),'(j), Hawaii Omnibus Act (74 Stat. 23,1962 (Pub. Law 87-870, 76 Stat. 1158), of defaulted loans described in this clause; 416); sec. 103 (t), Social Security A m e n d m e n t such regulations are amended as follows: (E) Not more than 18 percent of the 1960 (74 Stat. 941); sec. 6(c) Revenue Act P aragraph 1. Section 301.7701 is amount of the total assets of which (as of 1962 (76 Stat. 960); Bee. 5, Act of Oct. 23, amended by revising paragraph (19) of the close of the taxable year) consists of 1962 (Pub. Law 87-870, 76 Stat. 1161) ] section 7701 (a), adding a paragraph (32) assets other than those described in clause P ar. 2. Section 301.7701-13 is renum to section 7701(a), and by revising the (i) of subparagraph (D), and not more than bered and amended to read as follows: historical note. These amended and 36 percent of the amount of the total assets of which (as of the close of the taxable year) §301.7701—15 Other terms. added provisions read as follows: consists of assets other than those described § 301.7701 Statutory provisions; defini in clause (ii) of subparagraph (D); and Any terms which are defined in sec tions. (F) Except for property described in sub- tion 7701 and which are not defined in paragraph (C), not more than 3 percent of §§ 301.7701-1 to 301.7701-14, inclusive, Sec. 7701. Definitions, (a) When used in the assets of which consists of stock of any shall, when used in this chapter, have this title, where not otherwise distinctly ex corporation. pressed or manifestly incompatible with the the meaning assigned to them in section intent thereof— The term “domestic building and loan asso 7701. ciation” also includes any association which, ***** for the taxable year, would satisfy the re Par. 3. Immediately after § 301.7701- (19) Domestic building and loan associa quirements of the first sentence of this para 12 there are inserted the following, new tion. The term “domestic building and loan graph if “41 percent” were substituted for sections: association” means a domestic building and “36 percent” in subparagraph (E) . Except loan association, a domestic savings and loan in the case of the taxpayer’s first taxable year § 301.7701—13 Domestic building and association, and a Federal savings and loan beginning after the date of the enactment of loan association. association— the Revenue Act of 1962, the second sentence (a) In general. For taxable years (A) Which either (i) is an insured instituof this paragraph shall not apply to an beginning after October 16, 1962, the tion within the meaning of section 401 (a) of association for the taxable year unless such the National Housing Act (12 U.S.C., sec. association (1) was a domestic building and term “domestic building and loan asso 1724(a)), or (ii) is subject by law to super loan association within the meaning of the ciation” means a domestic building ana vision and examination by State or Federal first sentence of this paragraph for the first loan association, a domestic savings and 8422 Friday, July 3, 1964 FEDERAL REGISTER 8423 loan association, a Federal savings and an association’s business (other than ac (iii) Sales activity test: general rule. loan association, and any other savings quiring the savings of the public) must Except as provided in subdivision (iv) of institution chartered and supervised as consist of investing in the loans de this subparagraph, the sales activity test a savings and loan or similar association scribed in subparagraph (6) through is met if the amount of sales of loans under Federal or State law which meets (10) of paragraph (d) of this section during the taxable year does not exceed the supervisory test (described in para ordinarily will be considered to be met 10 percent of the amount of loans ac graph (b) of this section), the business if the association meets both the gross quired for investment during the taxable operations test (described in paragraph income test described in subdivision (ii) year; and the sum of the amount of sales (c) of this section), and each -of the of this subparagraph, and the sales activ of loans and the amount of sales of par various assets tests (described in para ity test described in subdivision (iii) of ticipations during the taxable year does graphs (d), (e), (f), and (h) of this this subparagraph. However, if an asso not exceed 100 percent of the amount section). ciation, does not meet the requirements of loans acquired for investment during (b) Supervisory test. A domestic of both subdivisions (ii) and (iii) of this the taxable year. For the purpose of this building and loan association must be subparagraph, it will nevertheless meet subdivision: either (1) an insured institution within the investing in loans requirement if it (a) The term “loan”''means loan as the meaning of section 401(a) of the Na is able to demonstrate that substantially defined in paragraph (j) (1) of this sec tional Housing Act (12 U.S.C., sec. all its business (other than acquiring the tion, other than foreclosed property de 1724(a)) or (2) subject by law to super savings of the public) consisted of in fined in such paragraph and governmen vision and examination by State or Fed vesting in the prescribed loans. Trans tal obligations defined in paragraph (d) eral authority having supervision over actions which are necessitated by ex (3) of this section. such association. An “insured institu ceptional circumstances and which are (b) The amount of a loan shall be de tion” is one the accounts of which are not undertaken as recurring business termined in accordance with the rules insured by the Federal Savings and Loan activities for profit will not be considered contained in paragraph (1) (1) and (2) Insurance Corporation. a substantial part of an association’s (ii) of this section. (c) Business operations test— (. 1) In business. Thus, for example, an asso (c) The term “loans acquired for in general. An association must utilize its ciation would meet the investing in loans vestment during the taxable year” means assets so that substantially all of its busi requirement if it can establish that it the amount of loans outstanding as of the ness consists of acquiring the savings failed to meet the gross, income test be close of the taxable year, reduced (but of the public and investing in the loans cause of receipt of a nonrecurring item not below zero) by the amount of loans described in subparagraphs (6) through of income due to exceptional circum outstanding as of the beginning of such (10) of paragraph (d) of this section. stances, or it failed to meet the sales year, and Increased by the lesser of (i) The requirement of this paragraph is activity test because of sales made to the amount of repayments made on loans referred to in this section as the business achieve necessary liquidity to meet ab during the taxable year or (2) an amount operations test. The business of acquir normal withdrawals from savings ac equal to 20 percent of the amount of ing the savings of the public and invest counts. loans outstanding as of the beginning of ing in the prescribed loans includes an- (ii) Gross income test. The gross in the taxable year. For this purpose, re cilliary or incidental activities which are come test is met if more than 90 percent payments do not include repayments on directly and primarily related to such of the gross income of an association loans to the extent such loans are re acquisition and investment, such as ad consists of: financed by the association. vertising for savings and appraising (a) Interest or dividends on assets de (<2) The term “sales of participations” property on which loans are to be made fined in subparagraphs (2), (3), or (4) means sales by an association of interests by the association. Even though an as of paragraph (d) of this section, in loans, which sales meet the require sociation meets the supervisory test in (b) Interest on loans defined in sub- ments of the regulations of the Federal paragraph (b) and all the assets tests paragraphs (6) through (10) of para Home Loan Bank Board relating to sales described in paragraph (d) through (h) graph (d) of this section, of participations. of this section, it will nevertheless not (c) Preminums, commissions, or fees (iv) Sales activity test: special rules. qualify as a domestic building and loan on loans defined in subparagraphs (6) (a) The amount specified in subdivision association if any substantial part of its through (10) of paragraph (d) of this (iii) of this subparagraph as the maxi business consists of activities which are section which have at some time been mum amount of sales of loans shall be not directly and primarily related to held by the association, increased by the amount by which 10 such acquisition and investment, such as (d) Grain or loss on the sale of govern percent of the amount of loans acquired brokering mortgage paper, selling insur mental obligations defined in paragraph for investment by the association during ance, or subdividing real estate. An as (d) (3) of this section, or the preceding taxable year exceeds the sociation will meet the business opera (e) Income, gain, or loss attributable amount of sales of loans made during tions test for a taxable year only if it to foreclosed property (as defined in such preceding taxable year; and the meets the requirements of both subpara paragraph (j) (1) of this section) , but amount specified in such subdivision (iii) graphs (2) and (3) of this paragraph, not including such income, gain, or loss as the maximum amount of sales of loans relating respectively to acquiring the which, pursuant to section 595 and the and participations shall be increased by savings of the public, and investing in regulations thereunder, is not included the amount by which the amount of loans loans. in gross income. acquired for investment by the associa (2) Acquiring the savings of the puib-For the purposes of this subparagraph, tion during the preceding taxable year Ite. The requirement that substantially gross income shall be computed without exceeds the sum of the amount of sales all of an association’s business (other of loans and participations made during than investing in loans) must consist of regard to gains or losses on the sale of acquiring the savings of the public ordi property described in paragraph (d) (5) such preceding taxable year. narily will be considered to be met if of this section (relating to property used (b) if the amount of loans acquired more than 90 percent of the dollar in the association’s business), and with for investment by the association during amount of the association’s deposits or out regard to gains or losses on the sale the preceding taxable year exceeds such withdrawable shares are held during the of loans (other than loans defined in amount for the current taxable year, the taxable year by the general public with paragraph (d) (3) of this section). Ex 10 percent and 100 percent maximum no undue concentration in family or amples of types of income which would limitations provided in subdivision (iii) business groups or in persons who are cause an association to fail to meet the of this subparagraph for the current tax officers or directors of the association. gross income test, if in the aggregate they exceed 10 percent of gross income, able year shall be based upon such pre However, acquiring savings in conformity ceding year’s amount. However, the with the rules and regulations of the are gain or loss on sale of real estate (other than foreclosed property); rental maximum amounts permitted under Federal Home Loan Bank Board, or sub such subdivision (iii) in any taxable year stantially equivalent rules of a State income (other than on foreclosed prop supervisory authority, will be considered erty) ; premiums, commissions, and fees shall be reduced by the amount of in to be acquiring the savings of the public. on loans which have never been held by crease allowed for the preceding taxable ^(3) Investing in loans—(i) In general. the association; and insurance brokerage year solely by reason of the application The requirement that substantially all of fees. of the provision of the previous sentence. No. 130----- 5 8424 PROPOSED RULE MAKING (v) Reporting requirements. In the amount of its loans acquired for investment However, if the rented portion of a single case of income tax returns for taxable ($350,000). piece of real property used in such busi years ending after June 30, 1964, there (4) Effective date. The provisions ofness constitutes less than 20 percent of shall be filed with the return a statement subparagraphs (1) through (3) of this the fair rental value of such piece of showing the amount of gross income for paragraph are applicable to taxable years property, or if such property has an ad the taxable year in each of the categories ending after June 30, 1964. However, justed basis of not more than$100,000and described in subdivision (ii) of this sub- at the option of the taxpayer, for tax is used as the principal or branch office of paragraph; and, for the taxable year and able years beginning before July 1, the association, the entire property shall the two preceding taxable years, the 1964, and ending after June 30, 1964, be considered used in such business. If amount of loans (described in subdivision the provisions of subparagraphs (1) such rented portion constitutes 20 per (iii) (a) of this subparagraph) outstand through (3) of this paragraph shall cent or more of the fair rental value of ing at the beginning of the year and at apply only to the part year falling after such piece of property, and such property the end of the year, the amount of re June 30, 1964, as if such part year con has an adjusted basis of more than payments on loans (not including repay stituted a taxable year. If, treating the $100,000 or is not used as the principal or ments on loans to the extent such loans part year as a taxable year, the associ branch office of the association, an are refinanced by the association), the ation meets all the requirements of this allocation of its adjusted basis is re amount of sales of loans, and the amount paragraph for such part year it will be quired. The portion of the total ad of sales of participations. considered to have met the business justed basis of such piece of property (vi) Example. The provisions of sub operations test for the entire year, pro which is deemed to be property used in divisions (iii) and (iv) of this subpara viding it operated in conformity with the association’s business shall be equal graph may be illustrated by the following applicable rules and regulations of Fed to an amount which bears the same ratio example: eral or State supervisory authorities for to such total adjusted basis as the the entire taxable year. For taxable amount of the fair, rental value of the Example. X Savings and Loan Association, portion used in the association’s business a calendar year taxpayer, bas the following years beginning after October 16, 1962, amounts of loans outstanding, repayments and ending before July 1,1964, an associ bears to the total fair rental value of on loans (other than those on refinanced ation will be considered to have met the such property. Real property held by loans), and sales of loans and participations: business operations test if it operated in an association for investment or sale, conformity with applicable rules and even for the purpose of obtaining mort gage loans thereon, does not constitute 1966 1967 regulations of Federal or State super 1965 visory authorities. property used in the association’s busi (d) 90 percent of assets test—(1) Inness. Stock in a corporation which Loans outstand ing end of year. $1,220,000 $1,320,000 $1,470,000 general. At least 90 percent of the owns property used by the association Loans outstand amount of the total assets of a domestic does not constitute property used in such ing beginning business. of y e a r_____ 1,000,000 1,220,000 1,320,000 building and loan association must con sist of the assets defined in subpara (6) Passbook loan. The term “pass Net increase in book loan” means a loan to the extent 220,000 100,000 150.000 graphs (2) through (10) of this para Repayments on graph, For purposes of this paragraph, secured by a deposit, withdrawable loans______180,000 200,000 200.000 it is immaterial whether the association share, or savings account in the associa Sum of net in originated the loans defined in subpara tion, or share of a member of the asso crease and re graphs (6) through (10) of this para ciation, with respect to which a distribu payments (loans acquired graph or purchased or otherwise ac tion is allowable as a deduction under for investment). 400,000 300,000 350,000 quired them in whole or in part from section 591. (7) Home loan. The term “home Sum of sales of another. See paragraph (j) of this loans and par section for definition of certain terms loan” means a loan secured by an interest ticipations____ 260,000 300,000 250,000 used in this paragraph, and paragraph in— Sides of loans___ 35,000 40,000 27,000 (k) of this section for the determination (i) Improved residential real property of amount and character of loans. consisting of a structure o r structures X meets the sales activity test for 1965 be (2) Cash. The term “cash” means containing, in the aggregate, no more cause its sales of loans ($35,000) did not ex cash on hand, and time or demand de than 4 family units, ceed 10 percent ($40,000) of its loans acquired (ii) An individually-owned family for investment $400,000), and the sum of its posits with, or withdrawable accounts sales of loans and participations ($250,000) in, other financial institutions. unit in a multiple-unit structure, the did not exceed the amount of its loans ac (3) Governmental obligations. The owner of which unit owns an undivided quired for investment ($400,000). term “governmental obligations” means interest in the underlying real estate and . For 1966, X’s sales of loans ($40,000) ex obligations of the United States, a State the common elements of such structure ceeded the $35,000 maximum amount allowed or political subdivision of a State, and (so-called condominium), under subdivision (iv) (a) of this subpara stock or obligations of a corporation graph, which is 10 percent ($30,000) of its or a construction loan or improvement loans acquired for investment in 1966 ($300,- which is an instrumentality, of the loan for such property. A construction 000), Increased by $5,000, the amount by United States, a State, or political sub loan made for the purpose of financing which 10 percent ($40,000) of its loans ac division of a State. more than one structure (so called tract quired for investement in 1965 ($400,000) (4) Deposit insurance company se financing) constitutes a home loan, pro exceeded the amount of sales of loans made curities. The term “deposit insurance viding no individual structure contains in 1965 ($35,000). However, its sales of loans company securities” means certificates more than 4 family units and the bor did not exceed the $40,000 maximum amount of deposit in, or obligations of, a corpo rower intends to sell the structures to aUowed under subdivision (iv) (b) of this ration organized under a State law which subparagraph, which is 10 percent of its loans individual purchasers as soon as possible acquired for investment for the preceding specifically authorizes such corporation after completion of construction. A year ($400,000). In addition, the stun of its to insure the deposits or share accounts construction loan secured by a structure sales of loans and participations ($300,000) of member associations. containing more than 4 family units con did not exceed the amount of its loans ac (5) Property used in the association’s stitutes a home loan only if the structure quired for investment ($300,000) during the business. The term “property used in has been committed to a plan of indi taxable year. X therefore meets the sales the association’s business” means land, vidual apartment ownership described in activity test for 1966. buildings, furniture, fixtures, equipment, X meets the Bales activity test for 1967. subsection (ii) and such plan is held out Its sales of loans ($27,000) did not exceed leasehold interests, leasehold improve and advertised as such. A loan secured $30,000 which is 10 percent ($35,000) of its ments, and other assets used by the by a cooperative apartment building con loans acquired for investment ($350,000), de association in the conduct of its business taining more than 4 family units does creased by the amount ($5,000) by which the of acquiring the savings of the public and not constitute a home loan. amount of sales in the preceding year (1966) investing in the loans defined in subpara (8) Church loan. The term “church were allowed to be increased solely by reason graphs (6) through (10) of this paragraph. loan” means a loan secured by an interest of the application of the first sentence of subdivision (iv) (b) of this subparagraph; Real property or a portion thereof rented in real property which is used primarily and the sum of its sales of loans and par by the asociation to others does not con for church purposes, or a construction ticipations ($250,000) did not exceed the stitute property used in such business. loan or improvement loan for such prop- Friday, July 3, 1964 FEDERAL REGISTER 8425 (2) of paragraph (f) applies if such as in 1963 because it exceeded the 41 percent erty. For the purposes of this subpara limitation, and it does not qualify in 1964 graph, the term “church purposes” sociation met all the requirements of because the 41 percent of assets test does means the ministration of sacerdotal paragraphs (b) through (e), (h), and not apply to 1964 since the association did functions, the conduct of religious wor either subparagraph (1) or (2) of para not meet either the 41 percent of assets test ship, or the instruction of religion. graph (f) for its first,taxable year. nr the 36 percent of assets test in the prior Thus, a building used primarily to fur (3) Years other than first and second year (1963). nish education, other than the instruc taxable years. For any taxable year of (h) 3 percent of assets test. Not more tion of religion, is not used primarily for an association beginning after October than 3 percent of the amount of the total church purposes. 16, 1962, other than its first and second assets of a domestic building and loan (9) Apartment loan. The term taxable years beginning after such date, association may consist of stock of any “apartment loan” means a loan, other subparagraph (2) of paragraph (f) ap corporation, unless such stock is prop than one defined in subparagraph (7) plies if such association met either— erty which is defined in paragraph (d) of of this paragraph (relating to a home (i) The requirements of paragraphs this section. The stock which consti loan), secured by an interest in im (b) through (e), (f)(1), and (h) of this tutes property defined in such paragraph proved residential real property or a section for the immediately preceding (d) is: construction loan or improvement loan taxable year, or (1) Stock representing a withdrawable for such property. (ii) The requirements of paragraphs account in another financial institution, (10) Nonresidential real property (b) through (e), (f) (2), and (h) of this (2) Stock of a corporation which is an loan. The term “nonresidential real section for the immediately preceding instrumentality of the United States or property loan” means a loan, other than taxable year, and the requirements of of a State or political subdivision thereof, one defined in subparagraph (7), (8), or paragraphs (b) through (e), (f)(1), and and (9) of this paragraph (relating respec (h) of this section for the second preced (3) Stock which was security for a tively to a home loan, church loan, and ing taxable year. loan and which, by reason of having been apartment loan) secured by an interest Thus, in years other than its first and bid in at foreclosure or otherwise having in real property, or a construction loan second taxable years beginning after Oc been reduced to ownership or possession or improvement loan for such property. tober 16, 1962, an association may apply of the association, is a loan within the (e) IS percent of assets test. Not more the 41 percent of assets test for two con definition of such term in subparagraph than 18 percent of the amount of the secutive years, but only if it met the 36 (1) of paragraph (j) of this section. total assets of a domestic building and percent test (and all other tests) for the Stock in a corporation which owns prop loan association may consist of assets year previous to the two consecutive erty used by the association does not other than those defined in subpara years. constitute property described in para graphs (2) through (9) of paragraph (d) (4) Examples. The provisions of para graph (d). of this section. Thus, the "sum of the graph (f) and this paragraph may be (i) [Reserved! amounts of the nonresidential real prop illustrated by the following examples (j) Definition of certain terms. For erty loans and the assets other than in each of which it is assumed that the purposes of this section— those defined in paragraph (d) of this association at all times meets all the (1) Loan. The term “loan” means section may not exceed 18 percent of requirements of paragraphs (b) through debt, as the term “debt” is used in sec total assets. (e) and (h) of this section and files its tion 166 and the regulations thereunder. (f) 36 or 41 percent of assets test— returns on a calendar year basis. The term “loan” also includes a redeem (1) 36 percent test. Unless subpara Example (i). An association has 41 per able ground rent (as defined in section graph (2) of this paragraph applies, not cent of its assets invested in assets other 1055(c)) which is owned by the tax more than 36 percent of the amount of than those defined in subparagraphs (2) payer, and any property (referred to in the total assets of a domestic building through (8) of paragraph (d) of this sec this section as “foreclosed property”) and loan association may consist of as tion as of the close of 1963 and 1964. Be which was security for the payment of sets other than those defined in sub- cause 1963 is its first taxable year beginning any indebtedness and which has been paragraphs (2) through (8) of para after October 16, 1962, the 41 percent of bid in at foreclosure, or otherwise been graph (d) of this section. Thus, unless assets test applies, and the association there fore qualifies as a domestic building and loan reduced to ownership or possession of subparagraph (2) of this paragraph ap association for 1963. Because 1964 is its sec the association by agreement or process plies, the sum of the amounts of apart ond taxable year beginning after such date of law, whether or not such property was ment loans, nonresidential real property and the 41 percent of assets test applied for acquired subsequent to December 31, loans, and assets other than those its first taxable year, the 41 percent of assets 1962. defined in paragraph (d) of this section test applies for 1964 and it therefore qualifies (2) Secured. A loan will be consid may not exceed 36 percent of total as for such year. ered as “secured” only if the loan is on sets. Example (2). An association has 36 per the security of any instrument (such as a (2) 41 percent test. If this subpara cent of its assets invested in assets other than those defined in subparagraphs (2) through mortgage, deed of trust, or land con graph applies, not more than 41 percent (8) of paragraph (d) of this section as of the tract) which makes the interest of the of the amount of the total assets of a close of 1964, and 41 percent as of the close debtor in the property described therein domestic building and loan association of 1965, 1966, and 1967. The association specific security for the payment of the may consist of assets other than those qualifies in 1965 because, as a result of hav loan, provided that such instrument is defined in subparagraphs (2) through ing met the 36 percent of assets test for the of such a nature that, in the event of (8) of paragraph (d) of this section. immediately preceding taxable year (1964), default, the property could be subjected Thus, if this subparagraph applies, the the 41 percent of assets test applies to 1965. to the satisfaction of the loan with the sum of the amounts of apartment loans, It qualifies in 1966 because as a result of having met the 41 percent of assets test in same priority as a mortgage or deed of nonresidential real property loans, and the immediately preceding taxable year trust in the jurisdiction in which the assets other than those defined in para- (1965) and the 36 percent of assets test in the property is situated. ■ sraph (d) of this section may not exceed second preceding taxable year (1964), the 41 (3) Interest. The word “interest” 41 percent of total assets. See section percent of assets test applies to 1965. The means an interest in real property which, 593(b)(5) and the regulations there association would not qualify in 1967, how under the law of the jurisdiction in which under for the effect of application of ever, because, although it met the 41 percent such property is situated, constitutes this subparagraph on the allowable addi of assets test for the immediately preceding either (i) an interest in fee in such tion to the reserves for bad debts. taxable year (1966), it did not meet the 36 percent of assets test in the second preceding property, (ii) a leasehold interest in such (g) Taxable years for which 41 per taxable year (1965), and therefore the 41 property extending or renewable auto cent of assets test applies—(1) First tax- percent of assets test does not apply to 1967. matically for a period of at least 30 years, able year. For an association’s first tax Example (3). An association has more or at least 10 years beyond the date able year beginning after October 16, than 41 percent of its assets invested in specified for the final payment on a loan 1962, subparagraph (2) of paragraph assets other than those defined in subpara secured by an interest in such property, (t) applies. graphs (2) through (8) of paragraph (d) of this section as of the close of 1963, and 41 (iff) a leasehold interest in property de (2) Second taxable year. For an as percent invested in such assets as of the scribed in paragraph (d) (7) (i) of this sociation’s second taxable year beginning close of 1964. Hie association does not section (relating to certain home loans) after October 16, 1962, subparagraph qualify in either year. It does not qualify extending for a period of at least two 8426 PROPOSED RULE MAKING years beyond the date specified for the ing, eating, cooking, and sanitation con that the amount which was treated as final payment on a loan secured by an stitutes a family unit. Hotels, motels, being secured by each category bore to interest in such property or (iv) a lease dormitories, fraternity and sorority the total amount of the loan at the tin^e hold interest in such property held sub houses, rooming houses, hospitals, sani as of which the determination was last ject to a redeemable ground rent defined tariums, and rest homes, and parks and made with respect to such loan. in section 1055(c). courts for mobile homes do not normally (3) Time of determination—(i) in (4) Real property. The term “real constitute residential real property. general. The determination of the property” means any property which, (k) Amount and character of loans— amount of a loan which is treated as under the law of the jurisdiction in (1) Treatment at time of determina being secured by each of the categories which such property is situated, consti tion—(i) In general. The amount of a of property shall be made: tutes real property. loan, as of the time the determination (a) As of the time a loan is made, (5) Improved real property. The term required by subparagraph (3) of this (b) As of the time a loan is increased, “improved real property” means— paragraph is made, shall be treated for (c) As of the time any portion of the (i) Land on which is located any build the purposes of this section as being property which was security for the loan ing of a permanent nature (such as a seemed: is released, and house, apartment house, office building, (a) First by the portion of property, id) As of any time required by ap hospital, shopping center, warehouse, if any, defined in subparagraph (6), (7), plicable Federal or State regulatory au garage, or other similar permanent or (8) of paragraph (d) of this section to thorities for reappraisal or re-analysis structure), provided that the value of the extent of the loan value thereof; such building is substantial in relation of such loans. (b) Next by the portion of property, (ii) Special rule. In the case of loans to the value of such land, if any, defined in subparagraph (9) of (ii) Any building lot or site which, by outstanding with respect to which no paragraph (d) of this section to the ex event described in subdivision (i) of this reason of installations and improvements tent of the loan value thereof; and that have been completed in keeping subparagraph has occurred in a taxable (c) Next by the portion of property, year beginning on or after October 17, with applicable governmental require if any, defined in subparagraph (10) of ments and with general practice in the 1962, the determination of the amounts paragraph (d) of this section to the ex of such loans which are treated as being community, is a building lot or site ready tent of the loan value thereof. for the construction of any building of secured by each of the categories of a permanent nature within the meaning To the extent that the amount of a loan property may be made, at the option of subdivision (i) of this subparagraph, exceeds the amount treated as being se of the association, as of the close of the or cured by property defined in subpara first taxable year beginning on or after (iii) Real property which, because of graphs (6) through (10) of paragraph such date, providing the determinations its state of improvement, produces suffi (d) of this section, such loan shall be with respect to all such loans are made cient income to maintain such real prop treated as property not defined in para as of such date. erty and retire the loan in accordance graph (d) of this section. If the loan (4) Loan value. The loan value of with the terms thereof. value of any one category of property property which is security for a loan is (6) Construction loan. The term defined in paragraph (d) of this section the maximum amount at the time as of “construction loan” means a loan, the exceeds 90 percent of the amount of the which the determination is made which proceeds of which are to be disbursed as loan for which it is security then the the association is permitted to lend on construction work progresses on real entire loan shall be treated as a loan such property under the rules and regu property which is security for the loan, secured by such property. lations of applicable Federal and State which property is, or from the proceeds (ii) Loans of $35,000 or less. Not regulatory authorities, but in no event of such loan will become, improved real withstanding the provisions of subdivi may such loan value exceed the fair property. sion (i) of this subparagraph, in the market value of such property at such (7) Improvement loan. The term case of loans amounting to $35,000 or time as determined under such rules and “improvement loan” means a loan which, less as of the time of a determination, regulations. by its terms and conditions, requires that made on the security of property which (5) Examples. The following ex the proceeds of the loan be used for is a combination of two or more cate amples, in each of which it is assumed altering, repairing, or- improving real gories or property defined in subpara that X Savings and Loan Association property. If more than 90 percent of graph (6) through (10) of paragraph files its return on a calendar year basis, the proceeds of a single loan are to be (d) of this section, all such loans for illustrate the application of the rules in used for such purposes, the entire loan any taxable year may, at the option of this paragraph: will qualify. If 90 percent or less of the the association, be treated for the pur Example (1). On July 1, 1963, X makes proceeds of a loan are to be used for poses of this section as being secured a single loan of $1,000,000 to M Corporation such purposes, an allocation of its ad by the category of property the loan which, loan is secured by real property which justed basis is required. Examples of value of which constitutes the largest is a combination of homes, apartments, and loans which constitute improvement percentage of the total loan value of the stores. As of the time the loan is made X loans are loans made for the purpose of property except to the extent that the determines that the loan values of the cate gories of property are as follows: painting a house, adding a new room to loan is treated as property not defined Category of property: Loan value a house, remodeling the lobby of an in paragraph (d) of this section. H om e______$400,000 apartment building, and purchasing and (iii) Home loans of $20,000 or 'less. Apartm ent______420,000 installing storm windows, storm doors, Notwithstanding the provisions of sub Nonresidential real property__ 240,000 and awnings. Examples of loans which division (i) and (ii) of this subpara do not constitute improvement loans are graph, if a loan amounting to $20,000 Total______1,060,000 loans made for the purpose of purchas or less as of the time of a determination, As of the time the loan is made, therefore, ing draperies, and removable appliances, is secured partly by property of a cate the $1,000,000 loan is treated under subpara such as refrigerators, ranges, and wash gory described in subparagraph (7) of graph (1) (i) of this paragraph as being ing machines. It is not necessary that paragraph (d) of this section (relating secured as follows : a loan be secured by the real property to a home loan), the amount of the loan which is altered, repaired, or improved. shall, for the purposes of this section, Category oi loan Amount Percentage (8) Residential real property. The be treated as a loan described in such of loan of total term “residential real property” means subparagraph except to the extent that $400,000 ' 40 real property which consists of one or the loan is treated as property not de 420.000 42 more family units. A family unit-is a fined in paragraph (d) of this section. Nonresidential real property building or portion thereof which con (2) Treatment subsequent to time of loan...... 180.000 / 18 tains complete living facilities which are determination. The amount of a loan Total...... 1,000,000 .. 100 to be used on other than a transient basis outstanding as of any time subsequent — by only one family. Thus, an apartment to the time of a determination shall be Assuming that the $1,000,000 loan to M was which is to be used on other than a . treated, for the purposes of this section, reduced to $900,000 a s of the close o f 1963, transient basis by one family, which con as being secured by each of the cate that there were no increases in. the a m o u n t tains complete facilities for living, sleep gories of property in the same ratio of the loan and no releases of property which Friday, July 3, 1964 FEDERAL REGISTER 8427 was security for the loan, and that there (v) The unamortized portion of pre considered assets other than those de was no regulatory requirement to reappraise miums paid on mortgage loans acquired fined in paragraph (d) of this section, or reanalyze the loan, such loan will be con by the association shall be considered unless both the acquisition and dis sidered under subparagraph (2) of this para part of the acquisition cost of such loans. position are established to the satisfac graph to be secured, as of the close of 1963, (vi) Prepaid Federal Savings and tion of the district director to have been as follows: ' • ' Loan Insurance Corporation fees shall for bona fide purposes, and be treated as being governmental obliga (ii) The amount of cash shall not in Percentage tions defined in paragraph (d)(4) of this clude amounts received directly or in as of last Amount as of Category determina Dec. 31, 1963 section. directly from another financial institu tion, (vii) Accounts receivable (other than tion (other than a Federal Home Loan July 1,1963 accrued interest receivable), and pre Bank) to the extent of the amount of paid expenses and deferred charges other cash which an association has on de 40 $360,000 (40% X $900,000) than those referred to in subdivision (v) posit or holds as a withdrawable account Apartment____ 42 378,000 (42% X $900,000) Nonresidential or (vi) of this subparagraph, shall be dis in such other financial institution. real property.. 18 162,000 (18%X$900,000) regarded both as separate categories and (5) Reporting requirements. In the Total------100 900,000 in the computation of total assets. case of income tax returns for taxable (viii) Acquired property (as defined years ending on or after the date of in paragraph (j) (1) of this section) publication of these regulations as a Example (2). X makes a loan of $35,000 shall be treated as having the same char Treasury decision, there shall be filed secured by a building which contains a store acter as the loan for which it was given with the return a statement showing the on the first floor and four family units on amount of assets as of the close of the the upper floors. The loan value of the part as security. of the building used as a store is $19,000 and (3) Alternative method. At the op taxable year in each of the categories the loan value of the residential portion is tion of the taxpayer, the percentages defined in paragraph (d), and in the $20,000. The loan will be treated under sub specified in paragraphs (d), (e), (f), category described in paragraph (h) of division (i) of subparagraph (1 ) of this para and (h) of this section may be computed this section, and a brief description and graph as a loan secured by residential real on the basis of the average assets out amount of all other assets. If the alter property containing four or fewer family native method of computing percentages units to the extent of $20,000, and by non- standing during the taxable year. Such residential property to the extent of $15,000, average shall be determined by making under subparagraph (3) of this para as of the time the loan is made. However, the computation provided in subpara graph is selected, such statement Shall if X exercises the option to treat all loans graph (1) of this paragraph either as show such information as of the end of of $35,000 OT less in accordance with sub of the close of each month, as of the each month, each quarter, or semi division (11) of subparagraph (1 ) of this close of each quarter, or semiannually annually and the manner of calculating paragraph, this loan would be treated as a during the taxable year and by using the the averages. With respect to taxable home loan to the extent of the full $35,000 , years beginning after October 16, 1962, because the loan value of the residential yearly average of the monthly, quarterly, portion is larger than the loan value of the or semiannual percentages obtained for and ending before the date of publication nonresidential part. each category. The method selected of these regulations as a Treasury de must be applied uniformly for the tax cision, taxpayers shall maintain ade (1) Computation pf percentages—(1) able year to all categories of assets, but quate records to establish to the satis In general. The percentages specified in the method may be changed from year faction of the district director that it paragraphs (d) through (h) of this sec to year. meets the various assets tests specified in tion shall, except as provided in sub- (4) Acquisition of certain assets. For this section, paragraph (3) of this paragraph, be the purpose of the annual computation (6) Example. The principles of this computed by comparing the amount of of percentages under subparagraph (1) paragraph may be illustrated by the fol the assets described in each paragraph of this paragraph— lowing example in which a description as of the close of the taxable year with (i) Assets which, within a 60-day the total amount of assets as of the close period beginning in one taxable year of of the assets, the subparagraph of para of the taxable year. The amount of the the taxpayer and ending in the next year, graph (d) in which the assets are de assets in any category and the total are acquired directly or indirectly fined, the amount of the assets, and the amount of assets shall be determined through borrowing and then repaid or percentage of the total assets included in with reference to their adjusted basis disposed of within such period, shall be the calculation are set forth. under § 1.1011-1, or by such other Z Savings and Loan Association method as is in accordance with sound accounting principles, provided such BALANCE SHEET AS OF DEC. 3 ', 1963 method is used in valuing all the assets in a taxable year. Assets (2) Treatment of certain assets and reserves. For purposes of this para Described .in Item paragraph Amount Percentage graph: (d), sub- (i) Reserves for bad debts established paragraph: pursuant to section 593, or corresponding provisions of prior law, and the regula 1. (2) $1,000,000 1 tions thereunder shall not constitute a 2. (3) 8,000,000 8 3. (3) 1,000,000 1 reduction of total assets, but shall be (3) treated as a surplus or net worth item. 4. (7) 56,000,000 59 5. (8) 1,000,000 1 (ii) The adjusted basis of a “loan in 6. (9) 20,000,000 20 process” does not include the un 7. GO) 6,000,000 5 8. (6) 1,000,000 1 advanced portion of such loan. 0 2,000,000 2 0ii) Advances made by the associa Fixed assets: (less depreciation reserves) 10. (6) 1,000,000 1 tion for taxes, insurance, etc., on loans 1,000,000 1 shall be treated as being in the same 11. category as the loan with respect to 12. 100,000,000 100 which the advances are made (irrespec 13. 100,000 (excluded) 14. 1,000,000 (excluded) tive of whether the advances are se 1,000,000 (excluded) cured by the property securing the loan). 15. (iv) Interest receivable included in 16. 102,100,000 gross income shall be treated as being 1 Prepaid FSLIC fees treated as Government obligations. . iu the same category as thè loan or asset 1 Not including unadvanced portion of loans in process, but including Interest receivable and advances with with respect to which it is earned. respect to loans. 8428 PROPOSED RULE MAKING
Liabilities, Reserves, and Surplus Liabilities, Reserves, and Surplus—Con. All persons who desire to submit writ Savings Accounts______$91,500,000 Undivided Profits and Other ten data, views, or arguments for consid Federal Home Loan Bank Ad Reserves______$4,480, 000 eration in connection with the proposed vances ______i______1, 000,000 standards should file the same in dupli Other Liabilities______600,000 Total ______$102,100,000 cate, not later than July 25, 1964, with Reserve for Losses on Quali Based upon the items in the balance sheet, the Hearing Clerk, United States Depart f y i n g Real Property Loans_ 2,500,000 the computation of the percentages of assets ment of Agriculture, Room 112, Admin Reserve for Losses on Non- in the various categories for the purpose of istration Building, Washington, D.C., qualifying Loans______20,000 determining whether the percentage of asset 20250, where they will be available for Supplemental R eserve for tests in the paragraphs in this section are public inspection during official hours of Losses on Loans______2, 000, 000 met as of the close of the year are as foUows; business (paragraph (b) of § 1.27, as Test and paragraph Items oj balance sheet considered amended at 29 F.R. 7311). 90 percent test (d) the sum of items 1 through 8 and 10 Statement of considerations leading to item 12 (total includible assets) — *)ercen the proposed revision of the grade stand ards. The existing United States Stand 18 percent test (e). the sum of items 7,9, and 11 _ . ards for Endive or Escarole or Chicory item 12 (total includible assets)— - n have been in effect since June 15, 1933 36 percent test (0 the sum of items 6, 7,9, and 11 ^ DCrccnt and have not been codified in accordance item 12 (total includible assets) with the Administrative Procedure Act 3 percent test (h) 0 of 1946. In addition to such codifica item 12 tion, a revision of the standards is de signed to make the grade more applica ble to current packing and marketing At the option of the association, the com list of wildlife refuges open to the hunt practices. The proposed revision would putations listed above could have been made ing of migratory game birds. as of the close of each month, each quarter, include more precise definitions of or semiannually, and averaged for the entire It has been determined that the reg “damage”, and “serious damage”, and year. ulated hunting of migratory game birds would further provide under “Applica may be permitted on the Sacramento tion of tolerances” that at least one de (m) Taxable years beginning beforeNational Wildlife Refuge without detri fective plant may be permitted in any October 17, 1962. For taxable years be ment to the objectives for which the area package. The proposal is not intended ginning before October 17,1962, the term was established. to tighten or loosen the scoring of any “domestic building and loan association” It is the policy of the Department of specific defect, but would assist materi means a domestic building and loan as the Interior, whenever practicable, to ally in providing uniform phraseology sociation, a domestic savings and loan afford the public an opportunity to par in line with current standards. association, and a Federal savings and ticipate in the rulemaking process. The proposed standards, as revised, loan association substantially all the Accordingly, interested persons may sub are as follows: mit written comments, suggestions, or business of which is confined to making G eneral ■*' loans to members. objections, with respect to this proposed Sec. amendment, to the Director, Bureau of 51.3535 General. § 301.7701—14 Cooperative bank. Sport Fisheries and Wildlife, Washing G rade For taxable years beginning after Oc ton, D.C., 20240, within 30 days of the 51.3536 U.S. No. 1. tober 16, 1962, the term “cooperative date of publication of the notice in the U nclassified F ederal R egister. bank” means an institution without capi 51.3537 Unclassified. tal stock organized and operated for 1. Section 32.11 is amended by the addition of the following area as one T olerances mutual purposes without profit which 51.3538 Tolerances. meets the supervisory test, the business where hunting of migratory game birds operations test, and the various assets is authorized: • Application o f T olerances 51.3539 Application of Tolerances. tests specified in paragraphs (b) through § 32.11 List of open areas; migratory (h) of § 301.7701-13, employing the rules game birds. D e f in it io n s 51.3540. Similar varietal characteristics. and definitions of paragraphs (j) * * * * * through (1) of that section. In applying 51.3541 Fresh. California 51.3542 Well trimmed. paragraphs (b) through (1) of such sec 51.3543 Fairly well blanched. tion any references to an “association” * * * * * 51.3544 Damage. or to a “domestic building and loan as 51.3545 Serious damage. sociation” shall be deemed to be a refer Sacramento National Wildlife Refuge. Auth o rity : The provisions in this subpart ence to a cooperative bank. S tewart U dall, Issued under secs. 203, 205, 60 Stat, 1087 as [F.R. Doc. 64-6697; Filed, July 1, 1964; Secretary of the Interior. amended, 1090 as amended; 7 U.S.C. 1622, 12:45 p.m.]~ J une 26,1964. 1624. General [F.R. Doc. 64-6650; Filed, July 2, 1964; 8:49 a.m.] § 51.3535 General. These standards do not apply to DEPARTMENT OF THE INTERIOR French Endive or Chicory marketed for its roots. Fish and Wildlife Service DEPARTMENT OF AGRICULTURE G rade [ 50 CFR Part 32 1 § 51.3536 U.S. No. 1. Agricultural Marketing Service “U.S. No. 1” consists of plants, of en CALIFORNIA; HUNTING OF MIGRA [ 7 CFR Part 51 1 dive, escarole or chicory of similar varie TORY GAME BIRDS tal characteristics which are fresh, well ENDIVE, ESCAROLE OR CHICORY trimmed and fairly well blanched, and Proposed List of Open Areas which are free from decay and free from Proposed U.S. Standards for Grades damage caused by seedstems, broken, Notice is hereby given that pursuant bruised, spotted, or discolored leaves, to the authority vested in the Secretary Notice7 is hereby given that the United wilting, dirt, disease, insects or other of the Interior by the Migratory Bird States Department of Agriculture is con Conservation Act of February 18, 1929, sidering the revision of the United States means. as amended (45 Stat. 1222; 16 U.S.C. Standards for Endive or Escarole or U nclassified ^ 715), it is proposed to amend 50 CFR Chicory pursuant to the Agricultural § 51.3537 Unclassified. 32.11 by the addition of Sacramento Na Marketing Act of 1946 (60 Stat. 1087, as “Unclassified” consists of plants of en tional Wildlife Refuge, California, to the amended; 7 U.S.C. 1621-1627). dive, escarole or chicory which have not Friday, July 3, 1964 FEDERAL REGISTER 8429 been classified in accordance with the Dated: June 30, 1964. cause it serves as a minimum standard in the marketing agreement order. A com foregoing grade. The term “unclassi G. R. G range, fied” is not a grade within the meaning Deputy Administrator, promise is recommended in the form of these standards but is provided as a Marketing Services. of the proposed reduction of the toler designation to show that no grade has ance for kernel defects from 30 percent been applied to the lot. [FJEt. Doc. 64-6630; Filed, July 2, 1964; to 20 percent. 8:46 a.m.] Under the proposed U.S. No. 3 grade, T olerances the internal (kernel) quality would be § 51.3538 Tolerances. [ 7 CFR Part 51 ] raised to the same level as that required In order to allow for variations inci in U.S. No. 2, with the exception that in WALNUTS IN SHELL U.S. No. 3 there would be no requirement dent to proper grading and handling, the for a percentage of kernels to be “light following tolerances, by count, shall be Proposed U.S. Standards for Grades 1 permitted in any lot: amber” color. This would permit the (a) 10 percent for plants of endive, Notice is hereby given that the United same dark color as is now allowed in U.S. escarole or chicory which fail to meet the States Department of Agriculture is con No. 3. requirements of the grade: Provided, sidering the revision of United States A few changes would be made in word That included in this amount not more Standards for Grades of Walnuts in the ing of the standards, but they are in than 5 percent shall be allowed for de Shell (§§ 51.2945-51.2966) pursuant to tended for clarification and not to change fects causing serious damage, including the Agricultural Marketing Act of 1946 the grade requirements. in this latter amount not more than 2 (60 Stat. 1087, as amended; 7 U.S.C. 1621- The proposed standards, as revised, percent for plants affected by decay. 1627). are as follows: All persons who desire to submit writ G eneral Application op T olerances ten data, views or arguments for con Sec. § 51.3539 Application of tolerances. sideration in connection with the pro 51.2945 Application. posed standards should file the same in 51.2946 Color chart. The contents of individual packages in 51.2947 Method of inspection. the lot, based on sample inspection, are duplicate, not later than August 1, 1964, with the Hearing Clerk, United States Grades subject to the following limitations: Department of Agriculture, Room 112, Provided, That the averages for the en Administration Building, Washington, 51.2948 U.S. No. 1. tire lot are within the tolerances speci 51.2949 US. No. 2. D.C., 20250, where they will be available 51.2950 US. No. 3. fied for the grade: for public inspection during official hours (a) For a tolerance of 10 percent indi U nclassified vidual packages may contain not more of business (paragraph (b) of § 1.27, as than one and one-half times the specified amended at 29 F.R. 7311). 51.2951 Unclassified. Statement of considerations leading to S iz e S pecifications tolerance, and for a tolerance of less than the proposed revision of the grade stand 10 percent individual packages may con ards. During the latter part of 1963, 512952 Size specifications. tain not more than double the specified it became apparent that the U.S. Stand Variety or T y pe Specifications tolerance, except that at least one de ards for Grades of Walnuts in the Shell Variety or type specifications. fective plant may be permitted in any were too liberal in dealing with nuts 512953 package. having kernels affected by mold. This T olerances for G rade Defects D efinitions fact came to light through some ship 51.2954 Tolerances for grade defects. ments of walnuts which contained many § 51.3540 Similar varietal characteristics. moldy kernels. As a result, the Depart Applica tion of T olerances “Similar varietal characteristics” ment of Agriculture made a study of the 51.2955 Application of tolerances. means that the plants in any package problem to determine what needed to be De f in it io n s are of the same type such as curly-leaved done. At the same time, discussions endive or broad-leaved escarole. 51.2956 Practically clean. were held on other provisions of the 51.2957 Bright. § 51.3541 Fresh. standards, and suggestions for changes 51.2958 Splits. were solicited from the walnut handlers. 512959 Injury by discoloration. “Fresh” means that the plant as a Agreement was reached on changing 512960 Damage. whole has normal succulence and the the definition of damage by mold to make 51.2961 Well dried. outermost leaves are not more than it more restrictive. The present stand 51.2962 Dark discoloration. slightly wilted. ards permit a walnut to have thinly scat 51.2963 Rancidity. 512964 Fairly clean. § 51.3542 Well trimmed. tered, inconspicuous mold over one- 51.2965 Serious damage. “Well trimmed” means that the roots fourth of the entire surface of the kernel. Under the proposed definition, Au t h o r it y : The provisions of this subpart are neatly cut near the point of attach a walnut would be permitted to have only issued under secs. 203, 205, 60 Stat. 1087, as ment of the outer leaf stems. one-eighth of the kernel surface or one amended, 1090 as amended; 7 U.S.C. 1622, § 51.3543 Fairly well blanched. square centimeter in area (whichever is 1624. General “Fairly well blanched” means that the the lesser area) affected by thinly scat plant has a yellowish-white to white tered, inconspicuous mold. Kernels with § 51.2945 Application. heart formation with a spread averag more of the surface affected would be The standards contained in this sub ing not less than four inches in diameter barred from the grades. Under the same part apply only to walnuts commonly when the head is opened as far as possi definition there is a further provision known as English or Persian walnuts ble without breaking the leaves or leaf that any conspicuous mold on the kernel (Juglans regia). They do not apply to stems. classes it as damaged, and bars the nut the walnuts commonly known as black from the grade. walnuts (Juglans nigra). § 51.3544 Damage. For a number of years, there has been “Damage” means any defect, or any some thinking among packers that the § 51.2946 Color chart. combination of defects, which materially UJS. No. 3 grade was unreasonably liberal, The walnut color chart* to which ref detracts from the appearance, or the having a tolerance of 30 percent for de erence is made in §§ 51.2948, 51.2949, edible or shipping quality of the individ fective kernels. There were suggestions ual plant or the lot as a whole. for deleting the grade entirely. How- 2 The walnut color chart has been filed ever„the No. 3 grade was retained be- with the original document and is available § 51.3545 Serious damage. for inspection in the Division of the Federal 1 Packing of the product in conformity Register or in the Fruit and Vegetable Divi “Serious damage” means any defect, or with the requirements of these standards sion, United States Department of Agricul &ny combination of defects, which shall not excuse failure to comply with the ture, South Building, Washington 25, D.C. seriously detracts from the appearance provisions of the Federal Food, Drug, and A printed copy of this color chart is attached pr the edible or shipping quality of the Cosmetic Act or with applicable State Laws to each copy of these standards issued by the individual plant or the lot as a whole. and regulations. United States Department of Agriculture. 8430 PROPOSED RULE MAKING 51.2950,51.2954 and 51.2962 has been pre caused by broken shells, and free from (d) Medium size. M edium size means pared by the United States Department serious damage caused by discoloration, walnuts of which not over 12 percent, by of Agriculture as a part of this subpart. perforated shells, adhering hulls or count, pass through a round opening other means. The kernels are well dried, 7% 4 inches in diameter, and of which § 51.2947 Method of inspection. free from decay, dark discoloration, not over 12 percent, by count, pass In determining the grade of a lot of rancidity, and free from damage caused through a round opening 7% 4 inches in walnuts, all of the nuts in the sample by mold, shriveling, insects or other diam eter; first should be graded for size and then means, (See § 51.2954.) (e) Standard size. Standard size examined for external defects. The (a) There is no requirement in this means walnuts of which not over 12 per same nuts then should be cracked and grade for the percentage of walnuts hav cent, by count, pass through a round examined for internal defects. The nuts ing kernels which are “light amber” or opening 7% 4 inches in diameter; must meet the requirements for both ex “light”. However, the percentage, by (f) Baby size. Baby size means wal ternal and internal quality in order to count, of nuts with kernels not darker nuts of which at least 88 percent, by meet a designated grade. than “light amber” (see color chart) count, pass through a round opening 7%4 which are free from grade defects and/ inches in diameter, and of which not over G rades or the percentage with kernels not 10 percent, by count, pass through a darker than “light” (see color chart) round opening ®%4 inch in diameter; and, § 51.2948 U.S. No. 1. which are free from grade defects, may (g) Minimum diameter, or minimum “U.S. No. 1” consists of walnuts in be specified in accordance with the and maximum diameter. In lieu of one shells which are dry, practically clean, facts. (See § 51.2954.) of the foregoing classifications, size of bright and free from splits, iiijury by (b) Size shall be specified in connec walnuts may be specified in terms of discoloration, and free from damage tion with the grade. (See § 51.2952.) minimum diameter, or minimum and maximum diameter: Provided, That not caused by broken shells, perforated U nclassified shells, adhering hulls or other means. more than 12 percent, by count, pass The kernels are well dried, free from de § 51.2951 Unclassified. through a round hole of the specified cay, dark discoloration, rancidity, and “Unclassified” consists of walnuts in minimum diameter, and at least 88 per free from damage caused by mold, shriv the shell which have not been classified cent, by count, pass through a round eling, insects or other means. (See in accordance with any of the foregoing hole of any specified maximum diameter. § 51.2954.) grades. The term “unclassified” is not Variety or T ype S pecifications (a) At least 70 percent, by count, of a grade within the meaning of these the walnuts have kernels which are not standards but is provided as a designa § 51.2953 Variety or type specifications. darker than “light amber” (see color tion to show that no grade has been ap The variety or type of any lot of chart), and which are free from grade plied to the lot. walnuts in the shell may be specified defects: Provided, That at least four- in accordance with the facts as follows: sevenths of the above amount, or 40 per S ize S pecifications (a) If the lot is of one named variety, cent of the walnuts have kernels which § 51.2952 Size specifications. that variety name may be specified, are not darker than “light” (see color Size shall be specified in accordance Provided, That not over 10 percent, by chart). Higher percentages of nuts with with the facts in terms of one of the count, of the walnuts in the lot are of kernels not darker than “light amber” following classifications: another variety or type than that sped-, which are free from grade defects and/or (a) Mammoth size. Mammoth size fied; and, higher percentages with kernels not means walnuts of which not over 12 per (b) If the lot is a mixture of two or darker than “light” which are free from cent, by count, pass through a round more distinct varieties or types it may grade defects, may be specified in ac be specified as “Mixed Varieties”. cordance with the facts. (See § 51.2954.) opening 9% 4 inches in diameter; (b) Jumbo size. Jumbo size means T olerances for Grade D efects (b) Size shall be specified in connec walnuts of which not over 12 percent, by tion with tile grade. (See § 51.2952.) count, pass through a round opening § 51.2954 Tolerances for grade defects. §51.2949 U.S.No.2. inches in diameter; In order to allow for variations inci- (c) Large size. Large size means wal dent to proper grading and handling, the “U.S. No. 2” consists of walnuts in nuts of which not over 12 percent, by following tolerances shall be permitted shells which are dry, practically clean count, pass through a round opening 7% 4 for nuts which fail to meet the require and free from splits, and free from dam inches in diameter; except that for wal ments of the respective grades as indi age caused by broken shells, perforated nuts of the Eureka variety and type, such cated. Terms in quotation marks refer shells, adhering hulls, discoloration or limiting dimension as to diameter shall to color classification illustrated on the other means. The kernels are well dried, be 7% 4 inches; color chart. free from decay, dark discoloration, rancidity, and free from damage caused T olebancf fob Gbade D efects by mold, shriveling, insects or other means. (See § 51.2954.) Grade External (shell) defects Internal (kernel) defects Color of kernel (a) At least 60 percent, by count, of U . S . No. 1... 10 percent, by count, for 10 percent total, by count, includ No tolerance to reduce the re the walnuts have kernels which are not splits. 5 percent, by count, ing not more than 6 percent quired 70 percent of “ light darker than “light amber” (see color for other shell defects, in which are damaged by mold or amber” kernels or the required cluding not more than 3 insects or seriously damaged by 40 percent of "light” kernels or chart), and which are free from grade percent seriously dam other means, of which not more any larger percentage of light defects. Higher percentages of nuts aged. than % or 6 percent may be amber” or “light” kernels damaged by insects, but no part specified. with kernels not darker than “light of any tolerance shall be allowed amber” which are free from grade de for walnuts containing live in fects, and/or percentages with kernels sects. not darker than “light” (see color chart) U.S. No. 2... 10 percent, by count, for 20 percent total, by count, includ No tolerance to reduce the re which are free from grade defects, may splits. 10 percent, by ing not more than 10 percent quired 60 percent or any speci be specified in accordance with the facts. count, for other shell de which are damaged by mold or fied larger percentage of light fects, including not more insects or seriously damaged by amber” kernels, or a n y speci (See § 51.2954.) than 5 percent serious other means, of which not more fied percentage of light damage by adhering hulls. than H or 6 percent may be kernels. (b) Size shall be specified in connec damaged by insects, but no part tion with the grade. (See § 51.2952.) of any tolerance shall be allowed for walnuts containing live in § 51.2950 U.S. No. 3. sects. U.S. No. 3__ Same as above tolerance for Same as above tolerance for U.S. No tolerance to reduce any,P®i' “U.S. No. 3” consists of walnuts in No. 2. centage of “light amber or shells which are dry, fairly clean, free U.S. No. 2. "light” kernels specified. from splits, and free from damage Friday, July 3, 1964 FEDERAL REGISTER 8431
Application of T olerances in the lot, or darker discoloration cover (c) Adhering hulls when affecting ing a smaller area if the appearance is more than one-eighth of the shell sur § 51.2955 Application of tolerances. equally objectionable; face in the aggregate; The tolerances provided in these (e) Mold when attached to the ker (d) Shriveling when both halves of standards are on a lot basis, and they nel and conspicuous; or when inconspic the kernel are affected by severe shrivel shall be applied to a composite sample uous white or gray mold affects an ag ing over an area totaling more than representative of the lot. However, any gregate area larger than one square one-eighth of the surface; or when both identifiable container or group of con centimeter or one-eighth of the entire halves are affected over a greater area tainers in which the walnuts are obvi surface of the kernel, whichever is the by lesser degrees of shriveling produc ously of a quality materially different lesser area; ing an equally objectionable appearance. from that in the majority of the contain (f) Shriveling when more than 5 per When one of the halves of the kernel ers shall be considered as a separate lot, cent of the surface of the kernel, includ shows no shriveling, the kernel shall not and shall be sampled separately. ing both halves, is severely shriveled, be considered seriously damaged unless or a greater area is affected by lesser the other half shows shriveling to the D efinitions degrees of shriveling producing an extent that over 50 percent of its sur § 51.2956 Practically clean. equally objectionable appearance. Ker face is severely shriveled, or a greater nels which are thin in cross section but area is affected by lesser degrees of “Practically dean” means that, from which are otherwise normally developed shriveling producing an equally objec the viewpoint of general appearance, the shall not be considered as damaged; and, tionable appearance. Kernels which walnuts are practically free from adher (g) Insects when an insect or insect are thin in cross section, but which are ing dirt or other foreign matter, and fragment, web or frass is present inside otherwise normally developed shall not that individual walnuts are not damaged the shell, or the kernel shows distinct be considered as damaged; by such means, A slightly chalky evidence of insect feeding. deposit on the shell is characteristic of (e) Rancidity or decay; and, many bleached nuts and shall not be §51.2961 Well dried. (f) Uncured kernels which are wet, considered as dirt or foreign matter. rubbery and “green”. “Well dried” means that the kernel is Dated: June 30,1964. § 51.2957 Bright. firm and crisp, not pliable or leathery. G. R. G range, “Bright” means a fairly light, attrac § 51.2962 Dark discoloration. Deputy Administrator, tive appearance'. A slight chalky deposit “Dark discoloration” means that the Marketing Services. on the shell shall not be considered as color of the skin of the kernel is darker [FJR. Doc. 64-6631; Filed, July 2, 1964; affecting brightness. than “amber”. (See color chart.) 8:48 a.m.] § 51.2958 Splits. § 51.2963 Rancidity. “Splits” means walnuts with the seam “Rancidity” means the stage of de opened completely around the nut so terioration in which the kernel has de ATOMIC ENERGY COMMISSION that the two halves of the shell are held veloped a rancid flavor. Rancidity together only by the kernel. [ 10 CFR Part 40 ] should not be confused with a slightly LICENSING OF SOURCE MATERIAL § 51.2959 Injury by discoloration. astringent flavor of the pellicle (skin) or with staleness, the stage at which the Proposed Exemption of Glass Enamel “Injury by discoloration” means that flavor is flat but not distasteful. the color of the affected portion of the and Glass Enamel Frit Containing shell objectionably contrasts with the § 51.2964 Fairly clean. Source a Material color of the rest of the shell of the indi “Fairly clean” means that, from the The Thomas C. Thompson Company vidual nut. viewpoint of general appearance, the lot bas filed a petition with the Commission § 51.2960 Damage. is not seriously damaged by adhering requesting that the distribution and use dirt or other foreign matter, and that of glass enamel frit containing uranium “Damage” means any specific defect individual walnuts are not coated or be exempted from licensing requirements. mentioned in this section; or an equally caked with dirt or foreign matter. Both The Commission has given careful con objectionable variation of any one of the amount of surface affected and the sideration to this petition and has found these defects, any other defect, or any color of the dirt shall be taken into that the receipt, possession, use, transfer combination of defects which materially consideration. or import into the United States of glass detracts from the appearance or the enamel and glass enamel frit containing edible or shipping quality of the indi § 51.2965 Serious damage. not more than 10 percent by weight vidual walnut or the lot as a whole. The “Serious damage” means any specific source material, pursuant to the proposed following specific defects shall be con defect mentioned in this section; or an exemption, involves unimportant quanti sidered'as damage; equally objectionable variation of any ties of source material within the mean (a) Broken shells when the area from one of these defects, any other defect, or ing of section 62 of the Atomic Energy which a portion of the shell is missing is any combination of defects which se Act of 1954, as amended, which are not p’eater than the area of a circle one- riously detracts from the appearance or of signficance to the common defense fourth inch in diameter; or when the the edible or shipping quality of the and security, and that such activities can two halves of the shell have become com walnut. The following specific defects be conducted without unreasonable haz pletely broken apart and separated from shall be considered as serious damage; ard to life or property. each other; (a) Discoloration (or stain) which The addition of various uranium salts (b) Perforated shells when the area covers, in the aggregate, one-third or to glass enamel dates back at least to affected aggregates more than that of more of the surface of the shell of an the early part of the twentieth century. ^circle one-fourth inch in diameter. individual nut and which is brown, red Uranium salts are used in only a few he term “perforated shells” means im dish brown, gray, or other color in pro of the enamels to produce certain colors perfectly developed areas on the shell nounced contrast with the color of the which cannot be obtained by other esembling abrasions and usually includ- rest of the shell or the majority of shells means. Glass enamel frit is prepared by ^ sm a ll holes penetrating the shell in the lot, or darker discoloration cov the fusion of silica, lead, alkali metals, ering a smaller area if the appearance boron, other minor glass forming chem hulls when affecting is equally objectionable; icals, and, if desired, uranium salts, at 5 percent of the shell surface; (b) Perforated shells when the area a sufficiently high temperature to form a J r Djscoloration (or stain) which affected aggregates more than that of true and complete glass. The molten iJrfS’*ln the pregate, one-fifth or a circle three-eighths of an inch in di glass is poured from the furnace and S t ? Ìhe surface of the shell of an ameter. The term “perforated shells” quenched, usually in water, to form a rii Ju a* nu^’ a-Hd which is brown, red- means imperfectly developed areas on “frit”. The frit is then broken into ^ brown, gray, or other color in pro- the shell resembling abrasions and usu pieces that may be ground and screened contrast with color of the ally including small holes penetrating to the desired mesh sizes prior to sale or °f the shell or the majority of shells the shell wall; use. No. 130----- 6 8432 PROPOSED RULE MAKING Manufacturers of glass enamel frit resultant external radiation exposure to products would not be subject to the market their product to industrial con the user would be only a small fraction licensing and regulatory authority of an cerns, art supply houses, schools, indivi of the limits recommended by the Federal agreement State. dual commercial artists and hobbyists Radiation Council or the International pursuant to the Atomic Energy Act who apply the frit to metal, glass and Commission on Radiological Protection. of 1954, as amended, and the Adminis ceramic surfaces for purposes of orna The care required to achieve the desired trative Procedure Act of 1946, notice is ment or protection. Individual hobbyists degree of surface protection or orna hereby given that adoption of the fol generally purchase the frit only in ounce mentation of the object provides an lowing amendment of Part 40 is contem quantities. added radiation safety factor. The in plated. All interested persons who The frit is usually applied to the sur troduction of foreign bodies, generally desire to submit written comments or face of objects by use of a sieve, spatula, produces a fault in the finished surface. suggestions for consideration in connec tweezers or brush. In some cases the frit Failure to keep the frit confined or to use tion with the proposed amendment is applied in a liquid vehicle, or paint, care in the application of each color frit should send them to the Secretary, for better adherence to vertical surfaces. may result in undesired color mixture on United States Atomic Energy Commis The object is then introduced into a the finished object. Enamel cannot be sion, Washington, D.C., 20545, within 60 muffle furnace at the appropriate tem successfully applied without special care days after publication of this notice in perature to melt the frit and bond it to to assure that surfaces are clean and the F ederal R egister. Comments re the surface of the object. The object free of dust, oil, rust or other metal ceived after that period will be consid is then removed from the furnace and al oxides. Thus, the probability of contami ered if it is practicable to do so, but lowed to cool. nation is reduced through normal han assurance of consideration cannot be The Commission’s regulations now pro dling practices unrelated to radiation given except as to comments filed within- vide an exemption for certain finished safety. Since the screened size of the frit the period specified. products to which frit containing source is sufficiently large to be non-respirable, Section 40.13(c) (2) is amended to read material may have been applied; § 40.13 and since degassing of volatiles from the as follows: (c) exempts from licensing requirements frit is accomplished during the smelting § 40.13 Unimportant quantities of source the receipt, possession, use, transfer or portion of the frit manufacture, it is un material. import of glazed ceramic tableware con likely that subsequent handling will pro ***** duce a dust, fume or volatile component taining not more than 20 percent source (c) * * * material and glassware containing not hazard. Section 150.15(a) (6) of this title, pro (2) Source material contained in the more than 10 percent source material. following products: (i) glazed ceramic The proposed amendment would add vides that persons in agreement States1 tableware, provided that the glaze con glass enamel frit and glass enamel, the are not exempt from the Commission’s licensing and regulatory requirements tains not more than 20 percent by weight vitreous coating resulting from the ap source material; (ii) glassware, glass plication of frit, to the exemption for with respect to “The transfer of posses sion or control by the manufacturer, enamel and glass enamel frit containing glassware. The Commission also pro not more than 10 percent by weight poses a clarifying amendment to § 40.13 processor, or producer of any equipment, source material; but not including com (c) (2) to specify the percentages in the device, commodity, or other product containing source, byproduct, or special mercially manufactured glass brick, existing exemption for source material in pane glass, ceramic tile or other glass, glazed ceramic tableware and glassware nuclear material, intended for use by glass enamel or ceramic used in con in terms of weight. It should be noted the general public.” The Commission struction; that certain persons, such as commercial has determined that glass enamel and * * * * * and industrial firms and educational, re glass enamel frit are products intended (Sec. 161, 68 Stafc. 948; 42 U.S.C. 2201) search and medical institutions, are now for use by the general public. Accord authorized 'to use and transfer glass ingly, ’ the transfer of possession or Dated a t Washington; D.C., this 22d enamel frit in limited quantities under a control by the manufacturer of such day of June 1964. general license for source material pro For the Atomic Energy Commission. vided by § 40.22(a). 1 States to which the Commission has W. B. McCool, By reason of the low amount of radia transferred certain regulatory authority over Secretary to the Commission. tion from glass enamel and glass enamel radioactive material by formal agreement, frit and the short period of time a per pursuant to section 274 of the Atomic Energy [F.R. Doc. 64-6639; Filed, July 2, 1964; son would use or be near such material, Act of 1954, as amended. 8:48 a.m.] Notices
for the lands and their resources. He Castle Rock Campground department o f t h e t r ea s u r y will also undertake negotiations with the T. 4 S., R .9W , applicant agency with the view of adjust In sec. 32. Bureau of Customs ing the application to reduce the area to Total, 10 acres. [AA 643.3—p] the minimum essential to meet the appli cant’s needs, to provide for the maximum Big Elk Campground azobisformamide fr o m ja p a n concurrent utilization of the lands for T. 12 S., R. 9 W, In sec. 12. Purchase Price Less Than Foreign purposes other than the applicant’s, to Market Value eliminate lands needed for purposes more Total, 10 acres. essential than the applicant’s, and to Gopher Creek Campground J une 30,1964. reach agreement on the concurrent man agement of the lands and their resources. T. 12 S., R. 9 W., Pursuant to section 201(b) of the Anti In sec. 17. dumping Act, 1921, as amended (19 He will also prepare a report for con U.S.C. 160(b)), notice is hereby given sideration by the Secretary of the Inte Total, 20 acres. that there is reason to believe or suspect, rior who will determine whether or not Slide Campground from information presented to me, that the lands will be withdrawn as requested T. 13 S., R. 9 W., the purchase price of azobisformamide by the Forest Service. In sec. 31. The determination of the Secretary on imported from Japan is less, or likely to Total, 12.96 acres. be less, than the foreign market value, as the application will be published in the defined by sections 203 and 205, respec F ederal R egister. A separate notice win Stoney Point Campground tively, of the Antidumping Act, 1921, as be sent to each interested party of record. T. 14 S., R. 9 W., amended (19 U.S.C. 162 and 164). If circumstances warrant it, a public Sec. 8, lot 1. hearing will be held at a convenient time Customs officers are being authorized Total, 4.91 acres. to withhold appraisement of entries of and place, which will be announced. azobisformamide from Japan pursuant to The lands involved in the application Launching Campground §14.9 of the Customs Regulations (19 are: T. 14 S., R. 9 W , CFR14.9). O r e g o n In sec. 18. The allegation in this case was received WILLAMETTE MERIDIAN Total, 12.19 acres. on February 17,1964. Siuslaw, Umatilla, Klamath, Rogue River North Base Campground [seal] Philip Nichols, Jr., National Forests Commissioner of Customs. T. 3 S., R. 10 W., Siuslaw National Forest : In sec. 18. [F.R. Doc. 64-6652; Piled, July 2, 1964; 8:50 ajn.] Rocky Bend Campground Total, 135 acres. T. 4 S., R. 7 W., Kiwanda Campground In sec. 7. T. 4 S., R. 10 W , DEPARTMENT OF THE INTERIOR Total, 10.11 acres. In sec. 18. Uorth Ridge Campground Total, 20.23 acres. Bureau of Land Management T. 12 S., R. 7 W , Little River Campground In sec. 21. T .5S..R . 10 W , OREGON Total, 20 acres. In sec. 24. Notice of Proposed Withdrawal and Willow Grove Campground Total, 20 acres. Reservation of Land T. 3 S., R. 8 W , Cascade Head Summit Campground In sec. 33. June 23,1964. T.6 S., R. 10W , The Forest Service, United States De Total, 10 acres. In sec. 7. partment of Agriculture, has filed an ap South Lake Campground Total, 5 acres. plication, Serial No. Oregon 015246, for T. 4 S., R. 8 W., Cougar Mountain Lookout and Observation the withdrawal of the lands described be In sec. 19; Point low, from location and entry under the In sec. 30. T. 7 S., R. 10 W , general mining laws, subject to valid ex In sec. 24. isting rights. Total, 17.25 acres. The applicant desires the land for de Beaver Creek Campground Total, 10 acres. velopment of public outdoor recreation T. 3 S., R. 9 W , Sampson Creek Campground. and to safeguard the government’s in In sec. 10. T. 8 S , R. 10 W , vestments in structures and improve In sec. 1. ments. The lands are located in the Total, 5 acres. Klamath, Rogue River, Siuslaw, and Hebo Lake Campground Total, 10 acres. Umatilla National Forests. T. 4 S., R. 9 W , Diamond Campground For a period of 30 days from the date In sec. 9; T.8 S..R. 10W , of publication of this notice, all persons In sec. 16. In sec. 2. who wish to submit comments, sugges Total, 17.50 acres. Total, 5 acres. tions, or objections in connection with Hebo Geological Area and North Hebo Wildcat Campground the proposed withdrawal may present Observation Site their views in writing to the undersigned T. 8 S., R. 10 W., officer of the Bureau of Land Manage T. 4 S., R. 9 W , In sec. 3. ment, Department of the Interior, 710 In sec. 13. Total, 10 acres. Northeast Holladay, Portland, Oreg., Total, 7.50 acres. Bridge Campground 97232. Mt. Hebo Lookout and Observation Site The authorized officer of the Bureau of T. 8 S , R. 10 W , T. 4 S., R. 9 W , In sec. 3; Land Management will undertake such In sec. 10. investigations as are necessary to deter In sec. 23. mine the existing and potential demand Total, 2.50 acres. Total, 15 acres. 8433 8434 NOTICES Drift Creek Loop Organization Camp and Umatilla National Forest; and security or to the health and safety North Creek Campground Thomas Fork Campground of the public. T. 8 S., R. 10 W., T. 2 N., R. 37 E.. Within fifteen days from the date of In sec. 4. In sec. 4. publication of this notice in the F ederal Total, 9Q acres. R egister, the licensee may file a request Total, 50 acres. for a hearing, and any person whose in Canal Creek Campground Sdlmonberry Campground terest may be affected by this proceeding T. 14 S., R. 10 W„ T. 3 N., R. 37 E., may file a petition for leave to intervene. In sec. 8. In sec. 33. Request for a hearing and petitions to in Total, 10 acres. tervene shall be filed in accordance with Total, 10 acres. the provisions of the Commission’s rules North Fork Siuslaw Campground Total acres in Umatilla National Forest, of practice, 10 CFR Part 2. If a request T. 17 S., R. 10 W., 60 acres. for a hearing or a petition for leave to In sec. 7. Klamath National Forest: intervene is filed within the time pre Total, 15 acres. Mt. Ashland Winter Sports Area scribed in this notice, the Commission will issue a notice of hearing or an ap Goodwin Peak Lookout and Observation Site T. 40 S., R. 1 E., Sec. 21, that part of the N%N% south of propriate order. T. 19 S., R. 10 W„ Divide between Rogue River National For further details with respect to this In sec. 9; amendment see (1) the hazards analysis In sec. 16. Forest and Klamath National Forest. Total, approxlmatey 90 acres in Klamath prepared by the Research and Power Re Total, 10 acres. National Forest. actor Safety Branch of the Division of Table Rock Observation Site Reactor Licensing and (2) the applica Rogue River National Forest: tion for license amendment dated No T. 19 S„ R. 10 W., Mt. Ashland Winter Sports Area In sec. 13. vember 22,1963, both of which are avail T: 40 S., R. 1 E., able for public inspection at the Commis Total, 10 acres. In sec. 16; sion’s Public Document Room, 1717 H Horseshoe Bend Campground In sec. 21, that part of N%N% north of Street NW., Washington, D.C. A copy Divide between Rogue River National of item (1) above may be obtained at the T. 19 S., R. 10 W„ Forest and Klamath National Forest. In sec. 28; Commission’s Public Document Room, or In sec. 29; Total, approximately 390 acres in Rogue upon request addressed to the Atomic En In sec. 32; River National Forest. ergy Commission, Washington, D.C., In sec. 33. The total combined area in the four 20545, Attention: Director, Division of Total, 27.50 acres. national forests is approximately 2,011.20 Reactor Licensing. acres. Little Bend Campground Dated at Bethesda, Md., this 26th day D ouglas E. H enriques, of June 1964. T. 19 S., R. 10 W„ Manager, Land Office. In sec. 35. For the Atomic Energy Commission. [FJR. Doc. 64-6628; Filed, July 2, 1964; Total, 20 acres. 8:48 am.] R oger S. Boyd, Chief, Research and Power Re Umpqua River Campground actor Safety Branch, Division T. 22 S., R. 10 W„ of Realtor Licensing. In sec. 17. ATOMIC ENERGY COMMISSION [License No. R-47, Arndt. No. 9] Total, 18.10 acres. [Docket No. 50-99] 1. License No. R-57, as amended, which authorizes the Babcock and Wilcox Company Cascade Head Scenic Area BABCOCK AND WILCOX CO. (“the licensee”) to operate its pool-type nu T.6 S..R. 11 W, clear reactor located at the licensee’s site near In sec. 10; Notice of Issuance of Facility License Lynchburg, Virginia, is hereby further In sec. 11. Amendment amended, in accordance with the application for license amendment dated November 22, Total, 179.40 acres. Please take notice that the Atomic En ergy Commission has issued, effective as 1963, to delete subparagraph 4.A.(8) in its Cascade Head Observation Site entirety and to substitute the following of the date of issuance, Amendment No. therefor: T. 6 S., R. 11W„ 9, set forth below, to Facility License No. In sec. 12. *‘4A„(3.) Whenever the reactor is: being op R-47. The license authorizes The Bab erated without forced circulation, the licen Total, 2.50 acres. cock and Wilcox Company (“the licen see shall not: see”) to operate the Lynchburg Pool a. Operate the reactor at any time at power Big Creek Campground Reactor at its site near Lynchburg, levels in excess of 450 kilowatts (thermal), T. 16 S., R. 11W., Virginia. nor In sec. 22. The amendment, in accordance with b. Operate the reactor at any power level the application for license amendment with bulk pool temperatures in excess of that Total, 5 acres. dated November 22, 1963, deletes two which would allow fuel surface temperatures Mercer Lake Campground conditions of the existing license and to be as great as 230° F.” 2. This amendment is effective as of the T. 17 S., R. 11 W., substitutes therefor a condition that the In sec. 31. licensee shall not operate the reactor at date of Issuance. any power level with bulk pool tempera Date of issuance: June 26, 1964. Total, 12.45 acres. tures in excess of that which would allow For the Atomic Energy Commission. Cape Perpetua Recreation Arm Addition fuel surface temperatures to be as great as 230° F. R oger S. Boyd, T. 15 S., R. 12 W„ The Commission has found that: Chief, Research and Power R e a c t o r In sec. 2; Safety Branch, Division of R e a c t o r In sec. 3; L The application for amendment Licensing. complies with the requirements of the In sec. 10; [FJR. Doc. 64-6640; Filed, July 2, 1964; In sec. 11. Atomic Energy Act of 1954, as amended, and the Commission’s regulations set 8:48 am.] Total, 659.10 acres. forth in Title 10, Ch. L CFR; Ocean Beach Campground 2. Prior public notice of proposed issu [Docket No. 50-106] T. 16 S..R. 12 W., ance of this amendment is not required OREGON STATE UNIVERSITY In sec. 10. since the amendment does not involve significant hazards considerations differ Notice of Issuance of Construction Total, 22 acres. ent from those previously evaluated; Permit Total acres in Siuslaw National Forest, 3. The issuance Of this: amendment will Please take notice that no request for 1,471.20 acres. not be inimical to the common defense a formal hearing having been filed fol- Friday, July 3, 1964 FEDERAL REGISTER 8435 lowing publication of the notice of pro (3) The licensee is technically and fi tim e up to 4.0 kilograms of uranium-235 as posed action in the F ederal R egister on nancially qualified to engage in the pro fuel for operation of the reactor; C. Pursuant to the Act and Title 10, CFR, June 3, 1964, 29 F.R. 7252, the Atomic posed activities in accordance with the Chapter I, Part 70, “Special Nuclear Mate Energy Commission has issued Construc Commission’s regulations; > rial,” to receive, possess and use up to 32 tion Permit No. CPRR-80. The permit (4) The licensee is a nonprofit educa grams of plutonium encapsulated in two authorizes Oregon State University to tional institution and will use the reactor plutonium-beryllium neutron sources for remove its nuclear reactor Model AGN- for the conduct of educational activities. startup of the reactor; 201, Serial No. 114, from its present loca The licensee is therefore exempt from D. Pursuant to the Act and Title 10, CFR, tion in Dearborn Hall and to reconstruct the financial protection requirement of Chapter I, Part 30, “Licensing of Byproduct Material,” to receive, possess and use an anti the reactor in the Radiation Center subsection 170a. of the Atomic Energy mony-beryllium neutron source, which will Building located on the University’s Act of 1954, as amended. be activated to a minimum neutron source campus at Corvallis, Oregon. (5) The issuance of this license will strength of 10 curies in connection with The construction permit as issued is in not be inimical to the common defense operation of the reactor; the form published in the notice of pro and security or to the health and safety E. Pursuant to the Act and Title 10, CFR, posed action. of the public. Chapter I, Part 30, “Licensing of Byproduct For further details with respect to this Material,” to possess, but not to separate, Dated at Bethesda, Md., this 26th day proposed license, see (1) the license ap such byproduct material as may be produced of June 1964. plication dated December 21, 1961, and by operation of the reactor. For the Atomic Energy Commission. supplements thereto dated January 19, 3. This license shall be deemed to contain 1962, May 2, 1962, June 29, 1962, August and be subject to the conditions specified in R oger S. B oyd, § 50.54 of Part 50, § 70.32 of Part 70, and Chief, Research and Power Re 3, 1962, August 10, 1962, April 5, 1963, § 30.32 of Part 30 of the Commission’s regu actor Safety Branch, Division April 16, 1963, July 3, 1963, August 26, lations, and to be subject to all applicable 1963, October 15, 1963, October 22, 1963, provisions of the Act and rules, regulations of Reactor Licensing, October 25, 1963, January 24, 1964, Feb and orders of the Commission now or here [F.R. Doc. 64-6641; Filed, July 2, 1964; ruary 28,1964, April 30,1964 and May 13, after in effect; and is subject to the addi 8:48 a.m.] 1964, (2) a related hazards analysis pre tional conditions specified below: pared by the Research and Power Re A. Maximum power level. The licensee shall not operate the reactor at steady state [Docket No. 50-193] actor Safety Branch of the Division of power levels in excess of one (1 ) megawatt Reactor Licensing and (3) the Technical (thermal). RHODE ISLAND AND PROVIDENCE Specifications referred to as Appendix A B. Technical specifications. The Tech PLANTATIONS ATOMIC ENERGY to the proposed facility license, all of nical Specifications contained in Appendix A COMMISSION which are available for public inspection to this license (hereinafter the “Technical at the Commission’s Public Document Specifications”) are hereby incorporated in Notice of Proposed Issuance of Room, 1717 H Street NW., Washington, this license. The licensee shall operate the Facility License D.C. A copy of item (2) above may be reactor only in accordance with the Technical Specifications. No changes shall be made in Notice is hereby given that unless obtained at the Commission’s Public the Technical Specifications unless author within fifteen days after publication of Document Room, or upon request ad ized by the Commission as provided in 10 dressed to the Atomic Energy Commis this notice in the F ederal R egister, a CFR 50.59. request for a hearing is filed with the sion, Washington, D.C., 20545, Attention: C. Authorization of changes, tests, and, U.S. Atomic Energy Commission (“the Director, Division of Reactor Licensing. experiments. The licensee may (1) make changes in the reactor as described in the Commission”) by Rhode Island and Dated at Bethesda, Md., this 1st day of hazards summary report, (2) make changes Providence Plantations Atomic Energy July 1964. In the procedures as described in the hazards Commission (“the licensee”), or a peti summary report, and (3) conduct tests or tion for leave to intervene is filed by any For the Atomic Energy Commission. experiments not described in the hazards person whose interest may be affected, R oger S. B oyd, summary report only in accordance with the as provided by and in accordance with Chief, Research and Power Re provisions of § 50.59 of the Commission’s the Commission’s “Rules of Practice,” actor Safety Branch, Division regulations. 10 CFR Part 2, the Commission proposes of Reactor Licensing. D. Reports. In addition to reports other to issue a facility license substantially wise required under this license and appli in the form set forth below. The pro P roposed F acility Lic en se cable regulations: 1. This license applies to the pool-type (1) The licensee shall make an immediate posed license would authorize the li report in writing to the Commission of any censee to operate a pool-type nuclear nuclear reactor, known as the Rhode Island Nuclear Science Center Reactor, and here indication or occurrence of a possible unsafe reactor at a maximum steady state inafter referred to as “the reactor,” which is condition relating to the operation of the power level of one (1) megawatt owned by Rhode Island and Providence Plan reactor, including, without implied limita (thermal) at Fort Kearney in Narra- tations Atomic Energy Commission (“the tion, any possible unsafe condition arising gansett, Rhode Island. Construction of licensee’’), located at Fort Kearney in Nar- out o f: the reactor was authorized by Construc ragansett, Rhode Island, and described in the a. Any substantial variance disclosed by tion Permit No. CPRR-73 issued August application dated December 21, 1961, and operation of the reactor from the perform 27,1962. supplements thereto dated January 19, 1962, ance specifications set forth in the hazards May 2, 1962, June 29, 1962, August 3, 1962, summary report, and Prior to issuance of the license the re August 10, 1962, April 5, 1963, April 16, 1963, b. Any accidental release of radioactivity, actor will be inspected by representatives July 3,1963, August 26,1963, October 15, 1963, whether or not resulting in property damage of the Commission to determine whether October 22, 1963, October 25,1963, January 24, or personal injury or exposure above per it has been constructed in accordance 1964, February 28, 1964, April 30, 1964 and missible limits. with the provisions of Construction Per May 13, 1964, hereinafter referred to as “the (2) The licensee shall report to the Com mit No. CPRR-73. application:” mission in writing, within sixty (60) days, The Commission has found that: 2. Subject to the conditions and require significant changes in plant organization (1) The application complies with the ments incorporated herein, the Atomic En and accident analyses, as described in the ergy Commission (“the Commission”) hereby hazards summary report. requirements of the Atomic Energy Act licenses Rhode Island and Providence Planta (3) The licensee shall report in writing to °* 1954, as amended, and the Commis tions Atomic Energy Commission: the Director, Division of Reactor Licensing sion’s regulations set forth in Title 10, A. Pursuant to Section 104c of the Atomic any material changes in the composition, Chapter I, CFR; Energy Act of 1954, as amended (“the Act”J, program or activities of the Rhode Island owl. ^ ere Is reasonable assurance that and Title 10, CFR, Chapter %, Part 50, “Li and Providence Plantations Atomic Energy c the activities authorized by this li censing of Production and Utilization Facul Commission. cense can be conducted at the designated ties,” to possess, use and operate the reactor E. Records. In addition to those other as a utilization facility at the designated loca wise required under this license and appli location without endangering the health tion at Fort Kearney in Narragansett, Rhode cable regulations, the licensee shall keep the ?afety of the public, and (ii) such Island; following records: activities will be conducted in compli- B. Pursuant to the Act and Title 10, CFR, (1) Reactor operating records, including with the rules and regulations of Chapter I, Part 70, “Special Nuclear Mate power levels. wie Commission; rial,” to receive, possess and use at any one (2) Records of in-pile irradiations. 8436 NOTICES (3) Records showing radioactivity released Any air carrier party to the agreement, In justification of its proposal and in or discharged Into the air or water beyond or any interested person, may, within 15 the effective control of the licensee as meas answer to the complaint, ASA declares ured at the point of such release or discharge. days from the date of service of this that its filing is intended to provide (4) Records of emergency reactor scrams, order, submit statements in writing con southbound cargo to enable the economic including reasons for emergency shutdowns. taining reasons deemed appropriate, to operation of flights northbound into 4. This license Is effective as of the dategether with supporting data in support of Alaska necessitated by the earthquake; of Issuance and shall expire at midnight or in opposition to the Board’s action that the earthquake has resulted in a August 27,2002. herein. An original and nineteen copies potential for the southbound movement Date of Issuance: of the statements should be filed with the of seafood at low rates from the points Board’s Docket Section. The Board may, For the Atomic Energy Commission. named in the proposed tariff; that the upon consideration of any such state proposed rates are at the levels in effect R oger S. B oyd, ments filed, modify or rescind its action for certain weekend and directional Chief, Research and Power Reactor herein by subsequent order. Safety Branch, Division of Reactor charters by other carriers within the Licensing. This order will be published in the United States; that the expiration date Federal Register. will coincide with end of the movement [F.R. Doc. 64-6719; Filed, July 2, 1964; of the commodity involved, seafood; that, 8:52 am.] By the Civil Aeronautics Board. if the proposals prove noncompensatory! [seal] Harold R'. Sanderson, they will be canceled prior to such ex Secretary. piration date; that the ferry mileage is PERMITS FOR ACCESS TO RESTRICTED [F.R. Doc. 64-6665; Filed, July 2, 1964; included in the rates proposed; that the DATA 3:52 am.] charter mileage that ASA is authorized limits the trips it can fly, that in four of Note: Federal. Register Document 64— the eight markets on PNA’s system the 6578, published at page 8231 in the issue [Docket No. 15378; Order E-21016] rates proposed are actually higher per dated Tuesday, June 30,1964, should not ALASKA AIRLINES, INC. pound than PNA’s rates on fresh seafood have been designated "Notice of Pro in effect for much smaller shipments; posed Rule Making”. The document is Order of Investigation and Suspension that there is significant shipper demand a general notice. Regarding Reduced Cargo Charter for the all-cargo aircraft service that Rates ASA is introducing; that the traffic to be carried under the proposed rates will CIVIL AERONAUTICS BOARD Adopted by the Civil Aeronautics be a backhaul for MATS flights; and that Board at its office in Washington, D.C., ASA’s experienced costs indicate that the [Docket No. 14945; Order E-21007] on the 30th day of June 1964. rates will be compensatory on a promo By tariff revisions marked to become INTERNATIONAL AIR TRANSPORT tional basis. effective July 1, 1964, Alaska Airlines, Upon consideration of all relevant ASSOCIATION Inc. (ASA) proposes to establish south matters, the Board finds that ASA’s pro bound point-to-point cargo charter rates Order Regarding Specific Commodity for L-1049H and L-1649A Constellation posed charter rates to Seattle from Rates Cordova, Kenai, Homer, and King aircraft, applicable from a number of Salmon may be unjust or unreasonable, Adopted by the Civil Aeronautics Alaskan points not on ASA’s certificated unjustly discriminatory, unduly prefer Board at its office in Washington, D.C., routes to Seattle. The proposed charter ential, or unduly prejudicial, and should on tiie 29th day of June 1964. trip rates per mile are below charter be investigated. These proposed rates An agreement adopted by Joint Con rates in effect for ASA for the aircraft are below PNA’s current per pound rate ference 1-2 of the International Air for all of the points involved in the filing. in schedueld service for the principal Transport Association relating to specific The tariff bears an expiration date of commodity, fresh seafood, and may commodity rates; Docket No. 14945, November 30,1964. cause substantial diversion from that Agreement C.A.B. 17633, R-14. Pacific Northern Airlines, Inc. (PNA) service. It thus appears that such rates There has been filed with the Board, has filed a complaint, requesting suspen may disrupt the rate structure and cause pursuant to section 412(a) of the Fed sion and investigation. In summary, it an undue dilution of the carriers’ rev eral Aviation Act of 1958 (the Act) and states that ASA is endeavoring to waive enue. Since highly subsidized carriers Part 261 of the Board’s Economic Regu the currently applicable ferry mileage are involved, the Board has further de lations, an agreement between various charges which would accrue in position cided to suspend the aforementioned pro air carriers, foreign air carriers, and ing an aircraft at offline points; that posed charter rates and defer their use other carriers embodied in the resolu PNA has specific commodity rates on pending investigation. tions of Joint Conference 1-2 of the In fresh seafood in effect in the markets Accordingly, pursuant to the Federal ternational Air Transport Association named in the filing, under which large Aviation Act of 1958 and particularly sec (IATA), and adopted pursuant ter the quantities of such traffic have moved tions 204(a) and 1002 thereof: provisions of Resolution 590 (Commodity during the past three seasons; that, inas It is ordered, That: Rates Board). much as the rates proposed are either 1. An investigation be instituted to de The agreement, adopted pursuant to above or below PNA’s current rates, ASA termine whether the cargo charter unprotested notices to the carriers, names would either get no business from PNA charges per trip from Cordova, Homer, an additional specific commodity rate as or divert from PNA the business it has Kenai, and King Salmon, Alaska, to follows: developed over the years; that the pro posed rates are not promotional in char Seattle, Washington, appearing on 1st Item 2868,. Carpets and Blankets. acter but are merely diversionary; that Revised Page 11 of Alaska Airlines, Inc., Rate: 98 cents per kilogram, minimum the whole proposal is simply a device for CA.J3. No. 109 are, or will be, unjust or weight 200 kilograms, between New Tork and ASA to enter markets where the carrier unreasonable, unjustly discriminatory, Casablanca/Rabat. is not authorized by certificate to oper unduly preferential, unduly prejudicial, The Board, acting pursuant to sections ate—in fact, it would apply to every point or otherwise unlawful and if found to be 102, 204(a) and 412 of the Act, does not on PNA’s certificate; that even ASA’s unlawful to determine and prescribe the find the above-described agreement to generally higher current charter rate is lawful charges; be adverse to the public interest or in below its reported operating costs for 2. Pending hearing and decision by the violation of the Act, provided that ap Constellation aircraft; that the demand Board, the cargo charter charges per trip proval thereof is conditioned as here for additional cargo space resulting from from Cordova, Homer, Kenai, and King inafter ordered: the earthquake has had no effect on Salmon, Alaska, to Seattle, Washington, Accordingly, it is ordered, That Agree ASA; that the earthquake has actually appearing on 1st Revised Page 1 1 of ment CA..B. 17633, R-14, is approved, reduced the southbound movement of Alaska Airlines, Inc., C.A.B. No. 109, are provided that such approval shall not seafood; and that ASA is attempting to suspended and their use deferred to and constitute approval of the specific com justify its northbound rates by its south including September 28, 1964, unless modity description contained therein for bound proposals, and its southbound pro otherwise ordered by the Board and that purposes of tariff publication. posals by its northbound rates. no changes be made therein during the Friday, July 3, 1964 FEDERAL REGISTER 8437 period of suspension except by order or passengers’ baggage, rather than by lim [Docket No. 14868] special permission of the Board; iting the maximum amount of loss re LAKE CENTRAL AIRLINES ROUTE 3. The complaint of Pacific Northern coverable by passengers to $500 and Airlines, Inc., in Docket 15317, to the increasing excess baggage charges by INVESTIGATION extent granted, is consolidated herein; ' more than 3,000 percent ($0.15 per hun Notice of Hearing 4. The proceeding ordered herein be dred to $5.00 per hundred) . In the matter of an investigation in assigned for hearing before an examiner The carrier’s proposal to require per volving various questions of the public of the Board at a time and place here sons who obtain reservations to apply convenience and necessity and concern after to be designated; and for refunds within 30 days after sched ing route 88 served by Lake Central Air 5. Copies of this order shall be filed uled departure at the office where the lines, Inc. with the tariff and shall be served upon tickets were purchased raises significant Notice is hereby given, pursuant to Alaska Airlines, Inc., and Pacific North questions of reasonableness, discrimina the Federal Aviation Act of 1958, as ern Airlines, Inc., which are hereby made tion, and preference and prejudice. amended, that public hearings in the parties to this proceeding. This restriction would apply whether such passengers canceled their reserva above-entitled proceedings will be held This order will be published in the Fed tions well in advance of scheduled de on November 10, 1964, at 10:00 a.m., eral Register. local time, in Room 725, Universal Build parture time or did not. We are aware ing, 1825 Connecticut Avenue NW., By the Civil Aeronautics Board. of no valid reason why the making of a Washington, D.C., before the under reservation, per se, justifies any special signed examiner. [seal] H arold R. S anderson, restriction upon refunds or different Secretary. For further information regarding treatment in this respect than would the issues involved in these proceedings, [FJR. Doc. 64-6666; Piled, July 2, 1964; apply in the absence of a reservation. interested persons are hereby referred 8:52 ajn.] In view of the magnitude of the in to the various orders of the Board in crease in the charge for excess valuation stituting this investigation, the report of baggage, and the decrease in the value of prehearing conference in this matter [Docket No. 15376; Order E-21013] the passenger may place upon his bag gage, thé nature of the refund restric served April 28,1964, and a supplemental WESTERN ALASKA AIRLINES, INC. tions proposed, and the absence of any report of prehearing conference served data or information justifying these June 5, 1964, each of which documents Order of Investigation and Suspen proposals, the Board will order an in is on file in the Docket Section of the sion Regarding Increased Charges vestigation of these tariff revisions and Civil Aeronautics Board. for Excess Valuation of Baggage will order their suspension pending Dated at Washington, D.C., June 29, and Reduction in Limitation of Val investigation. 1964. uation Accordingly, pursuant to the Federal [seal] E dward T. S todola, Aviation Act of 1958, and particularly Hearing Examiner. Adopted by the Civil Aeronautics Board sections 204(a), 403, 404 and 1002 [F.R. Doc. 64-6668; Filed, July 2, 1964; at its office in Washington, D.C., on the thereof, 8:52 a.m.] 30th day of June 1964. It is ordered, That : On June 1, 1964, Western Alaska Air 1. An investigation be instituted to lines, Inc. (Western), issued a tariff1 to determine whether the provisions of FEDERAL COMMUNICATIONS become effective on July 1, 1964. Rule Rule No. 45(c) on Original Page 7 and 65 (i) of this tariff proposes to increase the charges and provisions of Rule No. COMMISSION the excess value charges on baggage from 65 (i) on Original Page 9 of Western [Docket No. 15520; FCO 64M-609] 15 cents for each $100 or fraction thereof Alaska Airlines, Inc., C.A.B. No. 11 are, to 50 cents per each $10, or fraction or will be, unjust or unreasonable, un CONANT BROADCASTING CO., INC. thereof. This increased charge would justly discriminatory, unduly preferen (WHIL) be applicable to valuation in excess of tial, unduly and prejudicial, or otherwise $100 which is included in the purchase unlawful and if found to be unlawful to Order Scheduling Hearing price of the related passenger ticket. determine and prescribe the lawful In re application of Conant Broad This tariff revision, also, reduces the limit charges and provisions; casting Company, Inc. (WHIL), Med of the maximum valuation which the 2. Pending hearing and decision by ford, Massachusetts, Docket No. 15520, passenger may place on his baggage from the Board, Rule No. 45(c) on Original Hie No. BP-15030; for construction $5,000 to $500. Page 7 and Rule No. 65 (i) on Original permit. The revised tariff by Rule 45(c) also Page 9 of Western Alaska Airlines, Inc., It is ordered, This 29th day of June imposes a new restriction with regard C.AB. No. 11 are suspended and their 1964, that Elizabeth C. Smith shall serve to refunds which would require persons use deferred to and including September as the presiding officer in the above-en who obtained reservations to apply for 28, 1964, unless otherwise ordered by the titled proceeding; that the hearings refund on the unused ticket at the office Board and that no changes be made therein shall commence at 10:00 a.m. on which issued the ticket within 30 days therein during the period of suspension September 16, 1964; and that a prehear after the date of the commencement of except by order or special permission of ing conference shall be convened at 9:00 the flight on which the reservation was the Board; a.m. on July 30, 1964: And, it is further held. 3. This investigation shall be set for ordered, That all proceedings shall be The carrier has filed no information or hearing before an Examiner of the held in the Offices of the Commission, data in support of the increased charges Board at a time and place hereafter to Washington, D.C. ior excess valuation, or the reduction in be designated; and Released: June 29,1964. the maximum amount of valuation pas 4. A copy of this order shall be filed F ederal Communications sengers may declare for their baggage to with the aforementioned tariff and be Commission, $500. if claims against Western Alaska served upon Western Alaska Airlines, [ seal] B en F. Waple, for lost or damaged baggage are abnor Inc., who is made a party to the inves Secretary. mally high, as its tariff proposal seems to tigation ordered herein. [F.R. Doc. 64-6659; Filed, July 2, 1964; indicate, it would appear that the car 8:51 a.m.] eer should take measures to reduce This order will be published in the claims by increased protection of the F ederal R egister. fDockét Nos. 15440,15441; FCC 64M-616] By the Civil Aeronautics Board. Western Alaska Airlines, Inc., Local Pas CONTEMPORARY RADIO, INC. (WAYLI sager Rules Tariff No. 2, C.A.B. No. 11, which [seal] Harold R. S anderson, AND HUBBARD BROADCASTING, INC. ancels Western Alaska Airlines, Inc., Local Fares and Charter Rates Secretary. Order Continuing Hearing “KU5(C)' 11 C,AB' N°- 2* See Rules ®H4> [P.R. Doc. 64-6667; Filed, July 2, 1964; In re applications of Contemporary 8:51 am.] Radio, Inc. (WYAL), Minneapolis, Min- 8438 NOTICES nesota, Docket No. 15440, File No. BPH- [Docket Nos. 15442, 15443; FCC 64M-621] [Docket No. 15518; FCC 64M-608] 4142; Hubbard Broadcasting, Inc., Min DUBUQUE BROADCASTING CO. AND WESTERN SLOPE BROADCASTING neapolis, Minnesota, Docket No. 15441, File No. BPH-4167; for construction TELEGRAPH-HERALD CO., INC. (KREX) permits. Order Continuing Hearing Order Scheduling Hearing The Hearing Examiner having before him the Commission's Memorandum In re applications of Dubuque Broad In re application of Western Slope Opinion and Order released June 29, casting Company, Dubuque, Iowa, Docket Broadcasting Company, Inc. (KREX), 1964, in Docket No. 15513; No. 15442, File No. BPH-3920; Tele Grand Junction, Colorado, Docket No. It appearing, that by Order released graph-Herald, Dubuque, Iowa, Docket 15518, File No. BP-15328; for construc June 2, 1964, the Chief Hearing Ex No. 15443, File No. BPH-4288; for con tion permit. aminer scheduled a prehearing confer struction permits. It is ordered, This 29th day of June ence in the subject proceeding for 9:00 The Hearing Examiner having before 1964, that Forest L. McClenning shall a.m„ June 30, 1964, and commencement him a letter request from attorneys for serve as the presiding officer in the of hearing for July 23, 1964; and Dubuque Broadcasting Company, dated above-entitled proceeding; that the hear It further appearing, that the Com June 25, 1964, for postponement of the ings therein shall commence at 10:00 mission’s Memorandum Opinion and hearing in the above-entitled proceeding a.m. on September 17/ 1964; and that a Order directs that “pending disposition from July 27, 1964, to September 22, prehearing conference shall be convened of the rule making proposals” in Docket 1964; and at 9:00 a.m. on July 30, 1964: And, it is No. 15513, “further proceedings in Dock It appearing that final action on Du further ordered, That all proceedings et Nos. 15440 and 15441 are stayed”; buque Broadcasting Company’s petition shall be held in the Offices of the Com It is ordered, This 29th day of June for rule making may be taken during the mission, Washington, D.C. 1964, that the prehearing conference, month of September and if such action Released: June 29,1964. presently scheduled for 9:00 a.m., June is taken need for hearing may be avoided; and F ederal Communications 30, 1964, and the hearing, presently Commission, scheduled to commence on July 23, 1964, It further appearing that counsel for Telegraph-Herald joins in the request [seal] B en F. Waple, are continued pending disposition of the Secretary. referenced rule making proceeding. and counsel for the Broadcast Bureau, the only other party to the proceeding, [FJEt. Doc. 64-6664; Filed, July 2, 1964; Released: June 30,1964. has no objection to grant: 8:52 a.m.] F ederal Communications It is ordered, This 29th day of June Commission, 1964, that the letter request for post [Docket Nos. 8218 etc.; FCC 64M-602] [ seal] B en F. W aple, ponement of hearing in the above- Secretary. entitled proceeding is granted; and hear NORTHWESTERN INDIANA RADIO [PR. Doc. 64-6660; Filed, July 2, 1964; ing now scheduled for July 27, 1964, is CO., INC. ET AL. continued to September 22, 1964. 8:51 a.m.] Order re Procedural Dates Released: June 30, 1964. In re applications of Northwestern [Docket No. 14650; FCC 64M-612] F ederal Communications Indiana Radio Company, Inc., Valparai DOMESTIC TELEGRAPH SERVICE Commission, so, Indiana, Docket No. 8218; File No. [seal] B en F. W aple, BP-5574; Anthony Santucci, Robert Order Continuing Hearing Secretary. Jones, Kenneth Berres, Albert Geller and The Examiner having under consid [F.R. Doc. 64-6662; Filed, July 2, 1964; Gabriel Aprati, d/b as Valley Broad eration an informal oral request of the 8:51 am .] casting, Kankakee, Illinois, Docket No. Common Carrier Bureau seeking a post 15359, File No. BP-15459; Merlin J. ponement of the hearing sessions pres [Docket Nos. 15482,15483; FCC 64M-614] Meythaler, Merton J. Gonstead, Rex N. ently scheduled to commence June 30, Flyler and James B. Goetz, d/b as Living 1964; and SOUTH JERSEY TELEVISION CABLE CO. ston County Broadcasting Company, Pontiac, Illinois, Docket No, 15360, File It appearing, that the other interested Order Continuing Hearing parties have been orally advised of the No. BP-15470; for construction permits. pendency of this request, and it being In re application of South Jersey Tele The Hearing Examiner has for con impracticable, because of the time ele vision Cable Co., Docket No. 15482, File sideration the informal request of Valley ment, to pursue such request in writing No. 17325-IB-114X, for operational fixed Broadcasting for extension of; certain with service upon all interested parties, stations in the business radio service; procedural dates herein, together with etc.; and and South Jersey Television Cable Co., the statement of counsel for Valley that It further appearing, that good cause Docket No. 15483, File No. 17326-IB- counsel for all other parties have con has been shown for the relief requested: 114X, for operational fixed stations in sented to a grant of the requested relief: It is ordered, This 29th day of June the business radio service. It is ordered, This 24th day of June 1964, that the hearing sessions herein Pursuant to agreement of counsel ar 1964, that the procedural dates herein scheduled to commence on June 30,1964, rived at during the further session of the are rescheduled as follows: are postponed to July 20, 1964, at 2:00 prehearing conference in the above- p.m. at the Commission’s offices in Wash styled proceeding held on this date: It From— To— ington, D.C., and that further examina is ordered, This 26th day of June 1964, tion of the American Telephone and that the hearing presently scheduled to Tune 24,1964 July 10,1964 commence on July 20, 1964, be and the Notification of witnesses— Jane 30,1964 , July 15, 1964 Telegraph Company’s witnesses (Messrs. Commencement of bear July 6,1964 July 20,1964 A. M. Froggatt and F. J. Woods) shall same is hereby continued to September ing. be completed on or before July 31, 1964. 14, 1964, at 10 a.m., in Washington, D.C. Released: June 29, 1964. Released; June 30,1964. Released: June 26,1964. ederal ommunications F ederal Communications F ederal Communications F C Commission, Commission, Commission, [seal] B en F. W aple, [seal] B en F. Waple, [seal] Ben F. W aple, Secretary. Secretary. Secretary. [P.R. Doc. 64-6661; Filed, July 2, 1964; [F.R. Doc. 64-6663; Filed, July 2, 1964; [F.R. Doc. 64-6606; Filed, July 2, 1994; 8:51 am .] 8:51 a.m.] 8:45 a.m.] Friday, July 3, 1964 FEDERAL REGISTER 8439 [Docket No. 15518; FCC 64-560] the applications would thereafter be fied in the subsequent order, upon the acted on according to the rules. Accord following issues: WESTERN SLOPE BROADCASTING CO., ingly, in view of the public interest con 1. To determine the areas and popu INC. (KREX) siderations and the absence of any con lations which may be expected to gain or trolling legislation to date, the Commis lose primary service from the proposed Memorandum Opinion and Order sion feels constrained to implement the operation of Station KREX and the Designating Application for Hear decision without further delay. Accord availability of other primary service to ing on Stated Issues ingly, the WBC request that action on such areas and populations. the above-captioned KREX application 2. To determine whether a grant of In re application of Western Slope be withheld pending further action by the proposal would be in contravention Broadcasting Company, Inc. (KREX), the Congress will be denied. of § 73.35(a) of the Commission rules Grand Junction, Colorado, Has: 920 kc, 5. We now turn our attention to con with respect to multiple ownership of 500 w, 5 kw-LS, U, Class III Req: 1100 sideration of Petitioner’s allegation that stations. kc, 50 kw, U, DA-N, and C.H., Docket No. a grant of the KREX proposal would 3. To determine whether the trans 15518, Pile No. BP-15328; for construc cause interference to Station KYW. mitter site of the proposed operation is tion permit. Commission studies indicate that no satisfactory with particular regard to 1. The Commission has before it for electrical interference would be caused any conditions that may exist in the consideration (a) the above-captioned within the normally protected, service vicinity of the antenna system which and described application; (b) an “Op area of KYW, as determined by the rules, would prevent satisfactory adjustment position” filed on March 14, 1962, by the if the proposed antenna system were ad and maintenance of the proposed direc Westinghouse Broadcasting Company, justed and maintained within proposed tional antenna system. Inc., licensee of Station KYW, Cleveland, limits of radiation. However, as alleged 4. To determine whether the proposed Ohio; (c) a reply to the Westinghouse by tiie Petitioner, the proposed direc directional antenna system can be ad opposition filed by the Western Slope tional antenna system appears critical justed and maintained as proposed and Broadcasting Company, Inc., March 26, with regard to providing adequate pro whether adequate nighttime protection 1962; (d) a “Supplemental Opposition” tection to KYW. In this regard, Com will be afforded Station KYW, Cleveland, filed by the Westinghouse Broadcasting mission studies indicate that very slight Ohio. Company, Inc., on March 27, 1962; and variations in relative phase and/or 5. To determine, in the light of the (e) the applicant’s reply to the supple change in magnitude of the individual evidence adduced pursuant to the fore mental opposition filed on April 16,1962. antenna currents proposed would result going issues, whether a grant of the ap 2. Petitioner alleges that interference in radiation exceeding that proposed and plication would serve the public interest, would be caused within the secondary objectionable interference would be convenience and necessity. service area of Station KYW and, there caused within the normally protected It is further ordered, That Westing- fore, the rights of the licensee would be KYW nighttime service area. Moreover, house Broadcasting Co., Inc., licensee of violated by a grant of the KREX appli the phonographs on file of the applicant’s Station KYW, Cleveland, Ohio, is made cation without prior notice of the re proposed transmitter site indicate sub a party to the proceeding. sultant modification of the KYW licensee stantial terrain irregularities and since It is further ordered, That, in the event being given to the Petitioner. In view no evidence has been submitted in the of a grant of the application the con of this alleged electrical intereference, form of a site survey (nondirectional struction permit shall contain the follow petitioner requests that the KREX pro and directional measurements made ing conditions: posal be denied or, in the alternative from a test installation at the proposed This authorization is subject to com that the application be placed in the site) which would permit a determina pliance by permittee with any applicable pending file pending (1) disposition tion regarding the extent of signal scat procedures of the FAA. of the Westinghouse petition, filed ter and reradiation which may obtain, a Pending a decision in Docket No. 14419 October 16,1961, For Reconsideration of substantial question exists as to whether with respect to presunrise operation with the Clear Channel Decision, Docket No. the proposed antenna system can be ad daytime facilities, the provisions of 6741, or (2) action by the Congress on justed and maintained within the pro § 73.87 of the Commission rules are not the pending legislation relating to the posed limits of radiation. Thus, it ap extended to this authorization and such Clear Channels, or in the alternative to pears necessary that the above-captioned operation is precluded. delay action until the Commission has KREX application be designated for a It is further ordered, That, to avail first issued the required notice to WBC hearing and the Commission, on its own themselves of the opportunity to be required by section 316 of the Communi motion will make the Westinghouse heard, the applicant and party respond cations Act of 1934, as amended, and Broadcasting Company, Inc., a party to ent herein, pursuant to § 1.221(c) of the finally disposed of the proceedings and the proceeding. Commission rules, in person or by attor public hearing, if requested, resulting 6. Mr. Rex Howell, President of the ney, shall, within twenty (20) days of therefrom. Western Slope Broadcasting Company, the mailing of this order, file with the 3. Petitioner’s request that action on Inc., has a 51 percent interest in Station Commission in triplicate, a written ap the KREX application be withheld pend KGLN located at Glenwood Springs, pearance stating an intention to appear ing disposition of the aforementioned Colorado, and studies indicate that the on the date fixed for the hearing and Westinghouse petition filed October 16, proposed operation would result in in present evidence on the issues specified 1961 is now moot and will be denied since creased overlap of service areas with in this order. this Pleading was denied by Commission KGLN raising a question of compliance It is further ordered, That the appli action of November 21,1962 (See Memo with § 73.35(a) of our rules. cant herein shall, pursuant to section randum Opinion and Order FCC 62- 7. Except as indicated by the issues 311(a)(2) of the Communications Act n A* Moreover, the United States specified below, the applicant is legally, of 1934, as amended, and § 1.594 of the court of Appeals on October 31,1963 re technically, financially and otherwise Commission’s rules, give notice of the leased a decision upholding the Commis qualified to construct and operate as pro hearing within the time and in the man sion s decision in Docket No. 6741. posed. However, the Commission is un ner prescribed in such rule, and shall . 4. in reaching the aforementioned de able to make a statutory finding that a advise the Commission of the publica cision of November 2 1 ,1962, the Commis- grant of the subject application would tion of such notice as required by § 1.594 jSion took cognizance of the House of serve the public interest, convenience (g) of the rules. Representative Resolution of July 2,1962 and necessity, and is of the opinion that Adopted: June 22,1964. as well as the 1938 Senate Resolution to the application of KREX must be desig [‘he contrary and, accordingly found it nated for a hearing on the issues set Released: June 26,1964. PPropriate to withhold any implemen- forth below: F ederal Com mttnications I °* ^ e Clear Channel Decision It is ordered, That pursuant to section Commission,1 ahA July 2’ but stated, that, in the 309(e) of the Communications Act of [seal] B en F. W aple, !d ?nce of any controlling legislation 1934, as amended, the above-captioned Secretary. : .. Period of time, no further application of the Western Slope Broad [F.R. Doc. 64-6607; Filed, July 2, 1964; ►thsH Stra^ive delay 411 implementing casting Company, Inc., is designated for 8:45 am.] decision was contemplated and that hearing, at a time and place to be speci- 1 Commissioner Lee abstaining from voting. No. 130-___7 8440 NOTICES [Docket Nos. 15476,15477; FCC 64M-557] INTERNATIONAL SHIPPING SERVICES, Maher & Company, New Orleans, La_ FF-1507 Williams Exporters, Portland, Oreg. FF-1568 WEZY, INC. AND WKKO RADIO, INC. INC., ET AL. The following agreements have sim% Order Continuing Hearing Notice of Agreements Filed for Approval terms: In re applications of WEZY, Inc., Air-Sea Forwarders, Inc., Los An Cocoa, Florida, Docket No. 15476, File Notice is hereby given that the follow geles, Calif., and Geo. S. Bush & No. BPH-4172; WKKO Radio, Inc., ing freight forwarder cooperative work Co., Inc., Portland, Oreg______FF-1537 Cocoa, Florida, Docket No. 15477, File ing agreements have been filed with the Maron Shipping Agency, Inc., New No. BPH-4173; for construction permits. Commission for approval pursuant to York, N.Y., and Coastal Forward Pursuant to agreements reached at section 15 of the Shipping Act, 1916, as ers, Charleston, S.C__ \______FF-1538 the further prehearing conference held amended (39 Stat. 733, 75 Stat. 763, 46 Seaway Forwarding Co., Cleveland, on June 25, 1964, the evidentiary hear U.S.C. 814). Ohio, and Frank P. Dow Co., Inc., Interested parties may inspect and ob Portland, Oreg.; Seattle, Wash__ FF-1539 ing in the above-entitled proceeding is Fred P. Gaskell Co., Inc., New York, continued from July 20, 1964, to Sep tain a copy of the agreements at the N.Y., and Southern Shipping Co., tember 14, 1964, beginning at 10:00 a.m. Washington office of the Federal Mari Jacksonville, Fla.; Savannah, Ga.; in the offices of the Commission, Wash time Commission, 1321 H Street NW., Charleston, S.C______FF-1540 ington, D.C. Room 301. Comments with reference to Karr, Ellis & Co., Inc., New York, an agreement including a request for N.Y., and Bioward Hartry, Inc., It is so ordered, This the 25th day of hearing, if desired, may be submitted to San Pedro, Calif______FF-1541 June 1964. s the Secretary, Federal Maritime Com L. E. Coppersmith, Inc., Los Angeles, Calif., and J. W. Hampton, Jr. & Released: June 26, 1964. mission, Washington, D.C., 20573, within 20 days after publication of this notice Co., Philadelphia, Pa____ :_____ FF-1542 F ederal Communications R. W. Smith & Co., New Orleans, in the F ederal R egister. A copy of any La., and Robert L. Keller, Miami, Commission, such statement or request for a hearing Fla------i._____ FF-1543 [seal] B en F. Waple, should also be forwarded to each of the Godwin Shipping Companyr Inc., Secretary. parties to the agreement (as indicated Mobile, Ala., and Buchholz & Kut- [F.R. Doc. 64-6608; Filed, July 2, 1964; hereinafter), and the comments should truff, Inc., New Orleans, La FF-1544 8:45 a.m.] indicate that this has been done. John V. Carr & Son, Inc., Detroit, Unless otherwise indicated, these Mich., and James G. Wiley Co., Los Angeles, Calif______FF-1546 agreements are non-exclusive, coopera William H. Masson, Inc., Baltimore, tive working arrangements under which Md., and W. R. Filbin & Co., Inc., FEDERAL MARITIME COMMISSION the parties may perform freight forward Detroit, Mich______FF-1547 ing services for each other, dividing for Acco Foreign Shipping, Inc., Miami, AMERICAN PRESIDENT LINES, LTD., warding and service fees as agreed on Fla., and Air-Sea Forwarders, Inc., AND CHINA NAVIGATION CO., each transaction. Ocean freight com Los Angeles, Calif-______FF-1548 pensation is to be divided as agreed be Gerard F. T ujague, Inc., New Or LTD. leans, La., and Victory Shipping tween the parties. Co., Inc., New York, N.Y______FF-1550 Notice of Filing of Agreement International Shipping Services, Inc., Inter-Maritime Forwarding Co., Houston, Texas, is party to the follow Inc., New York, N.Y., and Coastal Notice is hereby given that the follow ing agreements, the terms of which are Forwarders, Charleston, S.C______FF-1551 ing described agreement has been filed identical. The other parties are: Chas. Kurz Co., Philadelphia, Pa., with the Commission for approval pur John W. Newton, Jr., Beaumont, and John H. Hunter & Son, Inc., suant to section 15 of the Shipping Act, T ex ______FF—1554 New York, N.Y______FF-1552 1916 (39 Stat. 733; 75 Stat. 763; 46 U.S.C. A. L. Rankin, Corpus Christi, Tex_FF-1555 Frank P. Dow Co., Inc., Seattle, 814): James Loudon & Co., Inc., San Fran Wash.; Frank P. Dow Co., Inc., Agreement 9358 between American cisco, Calif______i__ r-.______- FF-1556 San Francisco, Calif.; Frank P. President Lines, Ltd., and China Navi H. B. Thomas & Co., San Francisco, Dow Co., Inc. of L.A., Los Angeles, C a lif______—— ----- FF—1557 Calif.; Frank P. Dow Co., Inc., gation Co., Ltd., covers the transporta Portland, Oreg.; and R. W. Smith tion of “United States Navy Radio Com The Cottman Company, Baltimore, & Co., Houston, Tex______FF-1573 munications Project” cargo under Md., is party to the following agree through bills of lading from ports on Agreement No. FF-1545 between Dar ments, the terms of which are identical. rell J. Sekin & Company, Dallas, Texas, the West Coast of the United States and The other parties are: and Stone Forwarding Company, Gal Hawaii, with transhipment at Yoko Terramar Shipping Co., Inc., New veston, Texas, is an arrangement where- hama, Japan, to ports in Western York, N.Y______FF-1562 Australia. H. A. Gogarty, Inc., New York, N.Y_FF-1570 under forwarding and service fees aré Interested parties may inspect this Franoren Shipping Corp., New York, divided as agreed. Ocean freight com agreement and obtain copies thereof at N.Y ___ '______FF—1571 pensation is to be divided equally. the Bureau of Foreign Regulation, J. S. Stass Co., New York, N.Y.; New Agreement No. FF-1549 between Acco Federal Maritime Commission, Wash Orleans, La______* FF—1572 Foreign Shipping, Inc., Miami, Florida, Trans World Shipping Corp., New and William H. Masson, Inc., Baltimore, ington, D.C., or may inspect a copy at the York, N.Y______FF-1574 offices of the District Managers of the Maryland, is an arrangement where- Commission in New York, N.Y., New Wolf & Gerber, Inc., New York, N.Y., is under forwarding and service fees will be Orleans, La., and San Francisco, Calif., party to the following agreements, the $6.50 per shipment. Ocean freight and may submit to the Secretary, Fed terms of which are identical. The other compensation is to be divided equally eral Maritime Commission, Washington, parties are: between the parties. D.C., 20573, within 20 days after publi Schenkers International, Inc., Chi Agreement No. FF-1553 between Sun cation of this notice in the F ederal cago, 111______FF—1560 shine Forwarders, Inc., Jacksonville, R egister, written statements with refer Schenkers International Forwarders, Florida, and Robert L. Keller, Miami, ence to the agreement and their position Inc., New York, N.Y______FF-1561 Florida, is an arrangement under which as to approval, disapproval, or modifi Alba Forwarding Company, Inc., New forwarding and service fees are to be cation, together with a request for hear York, N.Y., is party to the following as follows: ing, should such hearing be desired. agreements, the terms of which are iden Bermuda & Nassau: $2.50. Dated: June 29, 1964. tical. The other parties are: All other countries: By order of the Federal Maritime A & M Custom Brokers Company, To pass completed export declara- Commission. Boston, Mass______FF-1563 tions ------— * -25 Charles A. Redden, Inc., Newark, To pass completed bills of lading— *• T homas Lisi, NJ ______FF—1564 To prepare or complete and pass Secretary. George Stem, Baltimore, Md____ _ FF—1565 export declarations------a' [FJR. Doc. 64-6637; Filed, July 2, 1964; N. D. Cunningham & Co., Inc., To prepare or complete and pass 8:48 a.m.] Mobile, Ala______FF-1566 bills of lading______¿‘ Friday, July' 3, 1964 FEDERAL REGISTER 8441
All other countries—Continued, ther continuances of this matter beyond will be secured through the parent com preparation of Consul documents- __$5. 00 September 9,1964. pany, The Columbia Gas System, Inc. Consular documents (at cost) In view of the fact that a proposed Applicant states that the proposed T e le p h o n e calls, teletypes or tele stipulation of fact in this case was served additional storage project is necessary to grams (at cost) by staff upon petitioner on June 19,1964, provide increased capacity to serve the Ocean freight compensation, is to be di which if agreed to in whole or in part growing requirements of existing mar vided equally on a 50/50 basis between would materially shorten the hearing, we kets and to assure adequate market serv both parties. believe the requested postponement is ice for the winter 1965-66 and thereafter. H. L. Ziegler, Inc., Houston, Texas, is appropriate. Nor will the prospective This matter is one that should be dis party to the following agreements, the filing of petitioner’s rate schedules to posed of as promptly as possible under terms of which provide that forwarding gether with a reservation of jurisdiction the applicable rules and regulations and and service fees will be divided equally. in accordance with Order No. 282, in any to that end: Ocean freight compensation is also to way moot the proceeding or deprive peti Take further notice that preliminary be divided equally. The other parties tioner of a right to court review. staff analysis has indicated that there are: I * The Commission further finds. It is are no problems which would warrant a Gaynar Shipping Corporation, New appropriate for the purposes of the Fed recommendation that the Commission York, N.Y------FF-1558 eral Power Act that the hearing in this designate this application for formal Enterprise Shipping Co., San fran matter be postponed as hereinafter hearing before an examiner and that, cisco, Calif______FF-1559 pursuant to the authority contained in Seaboard Forwarding Co., Inc., New ordered. York, N.Y______—— FF-1569 The Commission orders. The hearing and subject to the jurisdiction conferred previously scheduled for June 29, 1964, upon the Federal Power Commission by By the Federal Maritime Commission. is hereby adjourned to commence on sections 7 and 15 of the Natural Gas Act, Dated: June 29,1964. September 9,1964. and the Commission’s rules of practice and procedure, a hearing may be held T homas Lisi, By the Commission. Secretary. without further notice before the Com Iseal] J oseph H. G utride, mission on this application provided no [F.R. Doc. 64-6638; Filed, July 2, 1964; Secretary. protest or petition to intervene is filed 8:48 a.m.] [F.R. Doc. 64-6621; Filed, July 2, 1964; within the time required herein. Where 8:47 a.m.] a protest or petition for leave to inter vene is-timely filed, or where the Com mission on its own motion believes that FEDERAL POWER COMMISSION [Docket No. CP64-214] a formal hearing is required, further no [Docket No. E-7090] OHIO FUEL GAS CO. tice of such hearing will be duly given. Under the procedure herein provided ARKANSAS POWER & LIGHT CO. Notice of Application for, unless otherwise advised, it will be Order Granting Motion J une 26, 1964. unnecessary for Applicant to appear or be Take notice that on March 26, 1964, represented at the hearing. J une 26,1964. Protests or petitions to intervene may By order dated April 16, 1963, the Re The Ohio Fuel Gas Company (Appli cant) , 99 North Front Street, Columbus, be filed with the Federal Power Commis spondent was requested to show cause Ohio, 43215, filed in Docket No. CP64- sion, Washington, D.C., 20426, in accord why it should not file certain of the Com 214 an application pursuant to section 7 ance with the rules of practice and pro pany’s wholesale rates pursuant to sec (c) of the Natural Gas Act for a certifi cedure (18 CFR 1.8 or 1.10) on or before tion 205 of the Federal Power Act. A July 22, 1964. hearing, initially scheduled for June 24, cate of public convenience and necessity 1963, has been postponed from time to authorizing the construction and opera J oseph H. Gutride, time and is now scheduled for June 29, tion of certain facilities necessary for the Secretary. 1964. activation and operation of a proposed [F.R. Doc. 64-6625; Filed, July 2, 1964; additional underground storage area, re 8:47 ajn.] By Motion for Postponement filed June ferred to as the Lucas extension of the 16,1964, Respondent indicates that while Weaver Storage Field, Ashland County, the Company believes that the afore Ohio, all as more fully set forth in the [Docket Nos. RI64-790 etc.] mentioned rates are not jurisdictional, application on file with the Commission it proposes to undertake to file rate and open to public inspection. DELHI-TAYLOR OIL CORP. ET AL. schedules therefor in the event that this Applicant proposes to construct and proceeding results in jurisdictional deter Order Providing for Hearings on and operate approximately 30.1 miles of 4 l/z- Suspension of Proposed Changes in minations adverse to the Company’s inch to 20-inch storage lines and to in contentions, and states that it proposes stall and operate two 3,400 horsepower Rales 1 to tender the rates at issue as initial compressor units at the existing Lucas June 26, 1964. rates. Respondent cites Commission Or Compressor Station. Further, Applicant The Respondents named herein have der No. 282 (issued April 21, 1964) and proposes to convert 48 existing producing filed proposed increased rates and requests a postponement of this pro wells to storage use and to drill an addi charges of currently effective rate sched ceeding until September 9, 1964 to com tional 152 wells over a three year period ules for sales of natural gas under Com plete work antecedent to these submit beginning in 1964. mission jurisdiction, as set forth in ap ted- Respondent supports its request The proposed storage addition will l?e pendix A below. citing additional time needed to “pre located adjacent to Applicant’s existing The proposed changed rates and pare the contracts, rate schedules, re Weaver 3-A and 3-D Storage Fields. charges may be unjust, unreasonable, lated billing data and other data re The proposed field will be joined with the unduly discriminatory, or preferential, quired by the Commission’s regulations” Weaver 3-A and 3-D Fields to operate or otherwise unlawful. under the Federal Power Act. Respond as a single combined unit having access The Commission finds. It is in the ent further notes that Commission staff to both existing Lucas and Weaver com public interest and consistent with the has completed a proposed form of stipu pressor stations. Natural Gas Act that the Commission lation (together with exhibits) of fac The application indicates that the pro enter upon hearings regarding the law tual data bearing upon the issues here posed field will have an ultimate storage fulness of the proposed changes, and that before the Commission. Respondent capacity of 30,000,000 Mcf of gas and be the'supplements herein be suspended and states that in the event the parties are capable of a 100,000 Mcf maximum daily their use be deferred as ordered below. able to resolve any of the factual issues withdrawal potential. The Commission orders: r1 suhh manner the hearing will be ma The application shows the estimated nually shortened, but in any event the total cost of the proposed project to be 1Does not consolidate for hearing or dis company does not propose to seek fur $6,969,512. Financing for the project pose of the several matters herein. 8442 NOTICES (A) Under the Natural Gas Act, par until date shown in the Date suspended (D) Notices of intervention or peti ticularly sections 4 and 15, the regula until—column, and thereafter until tions to intervene may be filed with the tions pertaining thereto (18 CFR Ch. I), made effective as prescribed by the Nat Federal Power Commission, Washington, and the Commission’s rules of practice ural Gas Act. D.C., 20426, in accordance with the rules and procedure, public hearings shall be (C) Until otherwise ordered by theof practice and procedure (18 CFR 1.8 held concerning the lawfulness of the Commission, neither the suspended sup and 1.37(f) ) on or before August 12,1964. proposed changes. plements, nor the rate schedules sought (B) Pending hearings and decisions to be altered, shall be changed until dis By the Commission. thereon, the rate supplements herein position of these proceedings or expira [seal] J oseph H. G utride, are suspended and their use deferred tion of the suspension period. Secretary.
Effective Cents per Mcf Rata in Rate Sup- Amount Date date Date sus- effect sub- Docket Respondent sched ple- Purchaser and producing area of annual filing unless pended jectto No. ule ment increase tendered sus until— Rate in Proposed refund in No. No. pended effect increased docket rate Nos.
RI64-790... Delhi-Taylor Oil 27 4 South Texas Natural Gas Gathering $2,580 6- 1-64 »7- 2-64 12- 2-64 «•16.0 3 4 * 17.0 Corp., Fidelity Co. (Sheperd Field. Hidalgo County, Union Tower, Tex.) (R.R. Dist. No. 4). Dallas. Tex., 75201, Attn: Dr. Elton D. Soltes. RI64-791_ Shell Oil Co. (Opera 260 1 United Gas Pipe Line Co. (Little 365 6- 3-64 i 7-10-64 12-10-64 «•18.0 » « « 19.0 tor), et al., 50 West Creek Plant, Pike County, Miss.). 60th St., New York 20, N.Y. RI64-792... Texaco Inc., Domes 222 4 Natural Gas Pipeline Co. of America 76,040 6- 8-64 *7- 9-64 12- 9-64 io n 16.0 4 • » 17.0 tic Producing De (Tijerina-Canales-Blucher, Kelsey, partment (East) and Encinitas Fields, Jim Wells Houston Division, and Brooks Counties, Tex.) (R.R. P.O. Box 52332, Dist. No. 4). Houston, Tex., 77052, Attn: Mr. W. V. Vietti. Texaco Inc______3 282 5 Natural Gas Pipeline Co. of America 156,500 6- 8-64 »7- 9-64 12- 9-64 » u 15.0 »«1017.0 (Encino, Luby, and Petronilla Fields, San Patricio and Nueces Counties, Tex.) (R.R. Dist. No. 4). RI64-793... Union Oil Co., of 37 1 Natural Gas Pipeline Co. of America 3,830 6- 8-64 »7- 9-64 12- 9-64 »16.0 34 »17.0 California, union (SE Camrick Gas Pool, Beaver Oil Center, Los County, Okla.) (Oklahoma-Pan- Angeles, Calif., handle Area). 90017. RI64-794... H. F. Sears (Opera 8 3 Colorado Interstate Gas Co. (West 4,509 6- 5-64 4 7- 6-64 12- 6-64 *12.0 4 *?* 13.0 tor), et al., 624 Panhandle and West Panhandle Petroleum Bldg., Red Cave Fields, Hutchinson Amarillo, Tex. County, Tex.) (R.R. Dist. No. 10). RI64-795... Investors Royalty 1 1 Natural Gas Pipeline Co. of America 58 6- 8-64 »7- 9-64 12- 9-64 »16.0 3 4 3 17.0 Co., Inc., 1309 (SE Boyd Area, Beaver County, Thompson Bldg., Okla.) (Oklahoma-PanhandleArea). Tulsa 23, Okla. R164-796— The Nueces Co. (Op 3 9 El Paso Natural Gas Co. (Fort Stock- 73,122 8- 1-64 * 8- 1-64 1- 1-65 17.0807 • 418.0949 G-20412. erator), P.O. Box ton Field Area and Two-Freds- 1253, Corpus Chris Quito-Pyote Fields Area, Pecos, ti. Tex., 78403, Attn: Ward, Loving, and ReeVes Coun Mr. John W. ties, Tex.) (R.R. Dist. No. 8) (Per Crutchfield. mian Basin Area). RI64-797_ Socony Mobil Oil Co., 48 13 El Paso Natural Gas Co. (Pegasus 14 5-27-64 *6-27-64 11-27-64 10.0469 «1*17.2295 G-20408. . Inc. (Operator), 160 Field, Midland and Upton Coun East 42d St., New ties, Tex.) (R.R. Dist. 8 and 7-c) York, N.Y., 10017, (Permian Basin Area). Attn: Mr. Tom P. Hamill. RI64-798_ Sun Oil Co., P.O. Box 60 11 Northern Natural Gas Co. (Eumont 1,254 6- 2-64 1 7- 3-64 12 -3-64 14 10.7021 * 41« 11.7212 RIÔ4-7U. 2880, Dallas, Tex., Pool, Lea County, N. Mex.) (Per 75221, Attn: Mr. R. mian Basin Area). L. Sullivan.
* The stated effective date if the first day after expiration of the required statutory 14 Rate inclusive of tax reimbursement and 0.26 cents per Mcf allowance for di- notice. hydration. * Periodic rate increase. 11 Initial rate set by Commission order in Opinion No. 383, issued Mar. 27,1963, as 4 Pressure base is 14.65 psia. modified Aug. 27, 1963, granting permanent certificates to producer in Docket Nos. 4 Rate subject to downward Btu adjustment. CI61-118 and CI61-119. * Initial rate. ^ : i* Renegotiated rate increase. * The stated effective date is the effective date requested by respondent. » Contractually provided effective date. 4 Pressure base is 15.025 psia. 14 Includes partial reimbursement for full 2.55 percent New Mexico Emergency * Contractually provided initial rate is 18.5 cents per Mcf exclusive of tax reim School Tax. bursement and dehydration allowance. Producer is filing to recover a portion of such initial rate. Delhi-Taylor Oil Corporation and The notices of change filed by Texaco the Commission’s Statement of General Texaco Inc. (Texaco) request that their represent changes in rates from the per Policy No. 61-1, as amended (18 CFR Ch. proposed rate increases be allowed to manently certificated initial rates of 15.0 I, Part 2, § 2.56). become effective July 1, 1964; Union Oil cents per Mcf, ordered by the Commis [F.R. Doc. 64-6622; Filed, July 2, 1964; Company of California and Investors sion in Opinion No. 383, to 17.0 cents per 8:47 a.m.] Royalty Company, Inc., request an ef Mcf, both rates inclusive of applicable fective date of July 7, 1964; H. F. Sears tax reimbursement and a dehydration (Operator), et al., request an effective allowance of 0.25 cent per Mcf. The [Docket No. CP64-99] date of May 1, 1964, and Socony Mobil contracts provide for initial base rates of EL PASO NATURAL GAS CO. Oil Company, Inc. (Operator), requests 18.5 cents per Mcf. The proposed rate a June 26, 1964, effective date. Good of 17.0 cents per Mcf does not establish Notice of Application To Amend cause has not been shown for waiving a new plateau for increased rates nor Order the 30-day notice requirement provided does it in itself trigger rates in the ap J une 25,1964. in section 4(d) of the Natural Gas Act plicable area. Take notice that on April 21, 19 6 4 , El to permit earlier effective dates for the All of the proposed increased rates and Paso Natural Gas Company (Applicant). aforementioned producers’ rate filings charges exceed the applicable area price P.O. Box 1492, El Paso, Texas, 79999, file“ and such requests are denied. level for increased rates as set forth in an application to amend the Comnus- Friday, July 3, 1964 FEDERAL REGISTER 8443 sion’s order issued February 18, 1964, in (B) Pending hearing and decision poses that in return for permitting a life- Docket No. CP64-99 by authorizing Ap thereon, the rate supplement herein is of-contract settlement rate of 15.0 cents plicant to participate in the cost, as to suspended and its use deferred until date per Mcf under the subject rate schedule, its undivided one-third interest therein, shown in the “Date Suspended Until” it will eliminate from the related con of drilling two additional observation column, and thereafter until made ef tract the periodic price escalation clause wells into Zone No. 1 of the Jackson fective as prescribed by the Natural Gas which provides for 1.0 cent per Mcf in Prairie Storage Unit, Lewis County, Act: Provided, however, That the supple creases on the first day of January 1964, Washington, all as more fully set forth ment to the rate schedule filed by Re 1969 and 1974. Our action herein in in the application to amend on file with spondent shall become effective subject to suspending the above-mentioned pro the Commission and open to public refund on the date and in the manner posed rate is without prejudice to any inspection. herein prescribed if within 20 days from action we may take in connection with The order of February 18, 1964, au the date of the issuance of this order such offer. thorized Applicant to construct and op Respondent shall execute and file under Houston’s proposed rate increase ex erate certain facilities; to sell and deliver its above-designated docket number with ceeds the 14.0 cents ceiling for increased natural gas and, with respect to Appli the Secretary of the Commission its rates in Texas Railroad District No. 4 as cant’s interest therein, to share in the agreement and undertaking to comply set forth in the Commission’s Statement cost of the facilities to be constructed with the refunding and reporting pro of General Policy No. 61-1, as amended and operated by The Washington Water cedure required by the Natural Gas Act (18 CFR, Ch. I, Part 2, § 2.56). Power Company (Water Power), all and § 154.102 of the regulations there [F.R. Doc. 64-6624; Filed, July 2, 1964; solely for the purpose of testing the under, accompanied by a certificate 8:47 a.m.] Jackson Prairie Storage Unit. showing service of a copy thereof upon The application indicates that the sub the purchaser under the rate schedule ject additional wells are intended to eval involved. Unless Respondent is advised [Docket No. CP64r-96] uate any possibility of gas migration. to the contrary within 15 days after the The observation wells utilized so far have filing of its agreement and undertaking, TRANSCONTINENTAL GAS PIPE LINE indicated a restriction of flow. such agreement and undertaking shall CORP. The two additional wells will be drilled be deemed to have been accepted. by Water Power, as operator of the stor (C) Until otherwise ordered by the Notice of Application -To Amend age unit,, at an estimated cost of $27,000 Commission, neither the suspended sup each, for a total expenditure of $54,000. plement, nor the rate schedule sought J une,25,1964. Protests, petitions to intervene or re to be altered, shall be changed until dis Take notice that on April 29, 1964, quests for hearing in this proceeding may position of this proceeding or expiration Transcontinental Gas Pipe Line Corpo be filed with the Federal, Power Commis of the suspension period. ration (Applicant), P.O. Box 1396, Hous- sion, Washington, D.C., 20426, in accord (D) Notices of intervention or peti toh, Texas, 77001, filed an application to ance with the rules of practice and pro tions to intervene may be filed with the amend the Commission’s order issued cedure (18 CFR 1.8 or 1.10) on or before Federal Power Commission, Washington, April 17, 1964, in Docket No. CP64-96 by July 16,1964. D.C., 20426, in accordance with the rules authorizing Applicant to construct and J oseph H. Gutride, of practice and procedure (18 CFR 1.8 operate approximately 15.5 miles of Secretary. and 1.37(f)) on or before August 10, 16-inch lateral pipeline in lieu of the IF.R. Doc. 64-6623; Piled, July 2, 1964; 1964. 15.5 miles of 10-inch pipeline lateral 8:47 a.m.] By the Commission. heretofore authorized in this proceeding, all as more fully set forth in the appli [seal] J oseph H. Gutride, cation to amend on file with the Com [Docket No. RI64-799] . Secretary. mission and open to public inspection. The order of April 17,1964, authorized HOUSTON NATURAL GAS On May 28,1964, Houston Natural Gas Production Company1 (Houston) ten Applicant to construct and operate, PRODUCTION CO. dered for filing a proposed change in its among other facilities, 15.5 miles of 10- presently effective rate schedule for sales inch pipeline extending from a point on Order Providing for Hearing on and Applicant’s main transmission line near Suspension of Proposed Change in of natural gas subject to the jurisdiction of the Commission. The proposed Coatesville, Pennsylvania, to the Penn Rate, and Allowing Rate Change To change, which constitutes an increased sylvania-Delaware border. The subject Become Effective Subject to Refund rate and charge, is contained in the fol line was for service to Applicant’s exist ing customers, the Philadelphia Electric J une 26,1964. lowing designated filing: Company and the Delaware Power & Respondent named herein has filed a Description, Notice of Change, dated May Light Company. Applicant states that proposed change in rate and charge of 28,1964. Purchaser, Valley Gas Transmission, Inc. subsequent studies indicate that a loop a currently effective rate schedule for (Valley Gas) 8 ing of the 10-inch line would have to be the sale of natural gas under Commis Producing area, Whitted Field, Hildalgo undertaken within a short period of years sion jurisdiction, as set forth in Appendix County, Texas. (R.R. Dist. No. 4). and that by installing a 16-inch line at A below. Rate schedule designation. Supplement No. The proposed changed rate and charge 3 to Houston’s FPC Gas Rate Schedule No. 5. the present time at relatively little addi ®ay be unjust, unreasonable, unduly Effective date, June 28, 1964.® tional cost, such a looping program at discriminatory, or preferential, or other Proposed rate, 15.0 cents per Mcf.4 a substantially greater cost will be wise unlawful. Effective rate, 14.0 cents per Mcf. avoided. Pressure base, 14.65 psia. The Commission finds. It is in the Annual increase, $19,500. The estimated cost of the 16-inch lat Public interest and consistent with the Date suspended until, June 29, 1964. eral is shown to be $1,480,481; the 10-inch Natural Gas Act that the Commission lateral was estimated to cost $1,185,822. suter upon a hearing regarding the law Concurrent with the filing of the pro Protests, petitions to intervene or re fulness of the proposed change, and that posed increased rate, Houston filed an quests for hearing in this proceeding may the supplement herein be suspended and Offer of Settlement to settle the issues be filed with the Federal Power Commis ltsuse be deferred as ordered below. raised by its rate filing. Houston pro- The Commission orders : sion, Washington, D.C., 20426, in accord (A) Under the Natural Gas Act, par 1 Address is: P.O. Box 1188, Houston 1, ance with the rules of practice and pro ticularly sections 4 and 15, the regula Texas. cedure (18 CFR 1.8 or 1.10) on or before tions pertaining thereto (18 CFR, Chap- 8 Houston and Valley Gas are wholly owned July 17,1964. subsidiaries of Houston Natural Gas Corpora J oseph H. G utride, rer and the Commission’s rules of tion. iï^ice and procedure, a public hearing 8 The effective date is the effective date Secretary. nf ^ held concerning the lawfulness proposed by Respondent. [FJR. Doc. 64-6626; Filed, July 2, 1964; of the proposed change. * Periodic increase. / 8:47 am.] 8444 NOTICES
[Docket No. G—17960 etc.] of Merchantville National Bank and T h e S ecretary o p Commerce Trust Company would be operated as president’s cabinet textile advisory TURNBULL & ZOCH DRILLING CO. branches of Camden Trust Company. ET AL. COMMITTEE Notice of the proposed merger, in form Washington 25, D.C. Notice of Petition To Amend and approved by the Board, has been pub u n e lished pursuant to said Act. J 30,1964. Further Consolidation for Hearing Commissioner of Cu st o m s, Upon consideration of all relevant ma Departm ent op t h e T reasury, J une 25,1964. terial in the light of the factors set forth Washington, D.C. Turnbull & Zoch Drilling Co. (Opera in said Act, including reports furnished Dear Mr . Commissioner : Under the terms tor) , et al., Docket No. G-17960 et al.; W. by the Comptroller of the Currency, the of the Long Term Arrangement Regarding H. Hudson (Operator), et al., Docket No. Federal Deposit Insurance Corporation, International Trade in Cotton Textiles, done CI62-1074. and the Department of Justice on the at Geneva on February 9, 1962, including Take notice that on April 13, 1964, competitive factors involved in the pro Article 6 relating to non-participants, and in posed merger, accordance with the procedures outlined in W. H. Hudson (Operator), et al. (Hud Executive Order 11052 of September 28, 1962, son) filed a petition to amend its certifi It is hereby ordered, For the reasons you are directed to prohibit, effective July 1, cate of public convenience and neces set forth in the Board’s Statement1 of 1964, and for the twelve-month period ex sity in Docket No. CI62-1074. Hudson this date, that said application be and tending through June 30, 1965, entry into seeks authority to sell natural gas from hereby is denied. the United States for consumption and additional acreage in Texas Railroad Dated at Washington, D.C., this 26th ^ withdrawal from warehouse for consumption, Commission District No. 4 for resale in day of June 1964. Of cotton textiles in Category 9, produced or interstate commerce at an initial rate manufactured in Argentina, in excess of the of 16.5 cents per Mcf. The purchaser By order of the Board of Governors.3 following level of restraint: is Tennessee Gas Transmission Com , [seal] Merritt Sherman, Category . 12-month pany. The contract amendment adding Secretary. level of restraint 9 ------500,000 square yards the acreage is dated March 31, 1964. [F.R. Doc. 64-6642, Filed, July 2, 1964; By order issued May 28, 1964, under 8:48 a.m.] In carrying out this directive, entries of cot the lead docket Turnbull & Zoch Drilling ton textiles in Category 9 produced or man Co. (Operator), et al., Docket No. G- ufactured in Argentina, which have been INTERAGENCY TEXTILE exported to the United States from Argen 17960 the Commission consolidated for tina prior to July 1, 1964, shall be allowed prehearing conference and subsequent entry and withdrawal from warehouse for hearing some 67 applications for author ADMINISTRATIVE COMMITTEE consumption in the United States without ity to sell natural gas from Railroad being counted against the level designated. District No. 4. Take notice that the pe COTTON TEXTILE PRODUCTS IN CATE A detailed description of the categories in tition to amend in Docket No. CI62- GORY 9 PRODUCED OR MANU terms of T.S.U.S.A. numbers was published 1074 is hereby consolidated with the pro FACTURED IN ARGENTINA in the F ederal R egister on October 1, 1963 ceedings in Turnbull & Zoch Drilling Co. (28 F.R. 10551). Announcement of ITAC Actions and In carrying out the above directions, en (Operator), et al., Docket No. G-17960, try into the United States for consumption et al. for prehearing conference hearing, Restraint Levels shall be construed to include entry for con and decision. The prehearing confer J une 30,1964. sumption into the Commonwealth of Puerto ence is scheduled to commence before a In furtherance of the objectives of, and Rico. duly designated hearing examiner com The actions taken with respect to Ar mencing at 10:00 a.m„ e.d.s.t., on June under the terms of, the Long Term Ar gentina and with respect to imports of cot 30, 1964, in a hearing room of the Fed rangement Regarding International ton textiles and cotton textile products from eral Power Commission, 441 G Street Trade in Cotton Textiles, done at Geneva Argentina have been determined by the on February 9, 1962, the United States President’s Cabinet Textile Advisory Com NW„ Washington, D.C. Government has requested the Govern mittee to involve foreign affairs functions of Protests or petitions to intervene in ment of Argentina to restrain exports the United States. Therefore, the directions Docket No. CI62-1074 may be filed with to the Commissioner of Customs, being the Federal Power Commission, Wash from Argentina to the United States of necessary to the implementation of such ac ington, D.C., 20426 in accordance with cotton textiles in Category 9 produced or tions, fall within the foreign affairs excep the rules of practice and procedure (18 manufactured in Argentina to a level of tion to the notice provisions of Section 4 of CFR 1.8 or 1.10) on or before July 10, 500,000 square yards. the Administrative Procedure Act. This let There is published below a letter of ter will be published in the F ederal R egister. 1964. June 30,1964 from the Chairman, Presi J oseph H. Gutride, Sincerely yours, Secretary. dent’s Cabinet Textile Advisory Commit Lu th er H. H odges, tee, to the Commissioner of Customs, di Secretary of Commerce, and Chair [F.R. Doc. 64-6627; Filed, July 2, 1964; recting that the amount of cotton tex man, President’s Cabinet Textile 8:48 a.m.] tiles in Category 9, produced or manu Advisory Committee. factured in Argentina, which may be [F.R. Doc. 64-6708; Filed, July 2, 1964; entered or withdrawn from warehouse, 8:52 a.m.] for consumption in the United States FEDERAL RESERVE SYSTEM from July 1,1964, through June 30,1965, CAMDEN TRUST CO. be limited to 500,000 square yards. Cot ton textiles in Category 9 which have SECURITIES AND EXCHANGE Order Denying Application for been exported from Argentina to the Approval of Merger of Banks United States prior to July 1, 1964 will COMMISSION not be charged against the designated In the matter of the application of level. [File No. 812-1630] Camden Trust Company for approval of merger with Merchantville National J ames S. Love, Jr., TOWNSEND CORPORATION OF Bank and Trust Company. Chairman, Interagency Textile AMERICA AND TOWNSEND MAN There has come before the Board of Administrative Committee, AGEMENT CO. Governors, pursuant to the Bank and Deputy to the Secretary of Commerce for Textile Pro Notice of Filing of Amendment to Ap- Merger Act of 1960 (12 U.S.C. 1828(c)), grams. an application by Camden Trust Com plication for Orden of Exemption pany, Camden, New Jersey, a State mem 1 Filed as part of the original document. and Approval ber bank of the Federal Reserve System, Copies available upon request to the Board J une 29,1964. for the Board’s prior approval of the of Governors of the Federal Reserve System, Townsend Corporation of America merger of that bank with Merchantville Washington, D.C., 20551, or to the Federal (“TCA”) and Townsend Management National Bank and Trust Company, Mer Reserve Bank of Philadelphia. 2 Voting for this action: Governors Mills, Company (“TMC”) 38 Chatham Road, chantville, New Jersey, under the charter Robertson, Shepardson, Mitchell, and Daane. Short Hills, New Jersey, each a closed- and title of the former. As an incident Absent and not voting: Chairman Martin end investment company registered to the merger, the main office and branch and Vice Chairman Balderston. under the Investment Company Act of Friday, July 3, 1964 FEDERAL REGISTER 8445 1940 (“Act”), heretofore filed an appli 23(c) (3) of the Act, for an order of the son for such request, and an offer of cation and amendments thereto pur Commission exempting from the pro proof, in detail, as to what evidence he suant to sections 6(c), 17(b) and 23(c) visions of section 17 (a) and approving proposes to adduce in the event the Com (3) of the Act for an order exempting under section 23(c) (3) of the Act the mission shall order a hearing on Amend from the provisions of section 17(a), and the transactions incident to the Plan as ment No. 5. Any such communication approving under section 23(c) (3), cer amended to provide for the repurchase should be addressed: Secretary, Securi tain transactions incident to a Plan of of the noncumulative preferred stock to ties and Exchange Commission, Wash Merger (“Plan”) of TCA, TMC and Re be issued in the merger in exchange for ington, D.C., 20549. Any such communi sort Airlines, Inc. (“Resort”), a ma the Resort noncumulative preferred cation shall be served personally or by jority-owned subsidiary of TCA. Such stock. All interested persons are re mail (air mail if the person being served Plan was submitted to effectuate com ferred to Amendment No. 5 on file with is located more than 500 miles from the pliance with the final decree entered by the Commission for a complete state point of mailing) upon the applicants the United States District Court for the ment of the transactions therein pro at the address stated hereinabove. Proof District of New Jersey in an action in posed and of tiie representations con of such service (by affidavit or in case stituted by the Commission against TCA, tained therein, which are summarized of an attomey-at-law by certificate) TMC and certain individuals seeking, below. shall be filed contemporaneously with the among other things, to enforce com Following the merger of TCA, TMC and request. At any time sifter such date, a pliance with the Act. Resort and the issuance by the merged findings and opinion or an order dispos The Plan provides, among other company of one share of its noncumula ing of the application, as amended, may things, for (a) the acquisition by TCA, tive preferred stock in exchange for each be issued by the Commission upon the as the surviving corporation in the share of noncumulative preferred stock basis of the record in this proceeding, in merger (hereinafter called the “merged of Resort, and not earlier than the time cluding the contents of Amendment No. company”), of the assets of TMC and of payment by the merged company of 5, unless an order for a hearing on Resort; (b) the issuance by the merged the presently outstanding TCA deben Amendment No. 5 shall be issued upon company of noncumulative preferred tures, the merged company will repur request or upon the Commission’s own stock and debentures in exchange for the chase all of its noncumulative preferred motion. outstanding noncumulative preferred stock for a cash payment equal to 63 per It is further ordered, That the Sec stock and debentures, respectively, of Re cent of its par value of $100 a share, or retary of the Commission shall mail a sort; (c) the continuation of the cumu an aggregate amount of $88,515. copy of this Notice to the Interim Board lative preferred stock of TCA and the The number of shares of the merged of Directors of TCA and TMC, to Resort common stock of TCA (other than the company common stock proposed to be and to each of the persons (or his at holdings of TMC and Resort) in the allocated to each share of common stock torney) who has heretofore been given capital structure of the merged com of the merging companies is to remain leave to be heard in this proceeding and pany; (d) the conversion of the com the same as originally proposed under that notice to all other persons be given mon stock of Resort and the Class A the Plan. The adjusted net asset value by publication of this Notice in the and Class B common stocks of TMC of the common stock of the merged com F ederal R egister, and that a general re (other than shares held by the merging pany after giving effect to the proposal lease of this bommission in respect of companies) into common stock of the contained in Amendment No. 5 for the this Notice be distributed to the press merged company; (e) the retirement of repurchase of all of the merged com and mailed to the mailing list for re TCA’s outstanding debentures, now in pany’s noncumulative preferred stock for leases. default, as soon as practicable after con $88,515 would be $1.40 a share, as com It is further ordered, That TCA mail a summation of the merger; and (f) the pared with $1.37 a share in the absence copy of this Notice to Bankers Trust cancellation of the outstanding perpetual of the proposed repurchase. Company, Trustee under the indenture warrants for the purchase of TCA com The number of shares of common stock securing the TCA debentures, not later mon stock without recognition in the of the merged company proposed to be than July 6,1964. merger. . allocated under the Plan to each share For the Commission (pursuant to dele The conversion of the common stocks of common stock of the merging com gated authority). of Resort and TMC into common stock panies, and the adjusted net asset value of the merged company will be made on of the merged company common stock so [ seal ] Orval L. DuBois, the basis of the respective net asset allocable before and after the proposed Secretary. values per common share after certain repurchase are shown in the following [FJl. Doc. 64-6648; Filed, July 2, 1964; adjustments of the value of the assets of table: 8:49 am.] Resort, TMC, and the merged company (“adjusted net asset value”). In com Merged company puting the adjusted net asset value of common stock allocated [File No. 70-4220] the Resort common stock and of the ALLEGHENY POWER SYSTEM, INC., common stock of the merged company, Security Adjusted net Number asset value ET AL. the stock interests of the noncumulative of shares preferred stock of Resort and of the for each Notice of Proposed Merger of Two merged company were taken at their share Before re After re Subsidiary Companies and Related involuntary liquidating preference of purchase purchase $100 a share. Intrasystem Transactions TCA.. Common stock.. 1.00 $1.37 $1.40 After appropriate notice, a hearing TMC...... do.__ 6.32 7.29 7.45 J une 26,1964. was held with respect to the Plan at Resort______do__ 5.47 7.49 7.66 In the matter of Allegheny Power Sys which the holders of Resort’s outstand- tem, Inc., 320 Park Avenue, New York, mg noncumulative preferred stock and Amendment No. 5 states that the hold New York, 10022; The Potomac Edison of Resort’s outstanding debentures op ers of Resort noncumulative preferred Company, Cumberland Valley Electric posed the Plan on the ground that it is stock and Resort debentures withdraw Company, South Penn Power Company; unfair to them. After the close of the all their objections to the Plan in the File No. 70-4220. hearing TCA and TMC engaged in ne event the Commission shall approve a Notice is hereby given that Allegheny gotiations with the holders of Resort’s Plan providing for the retirement of the Power System, Inc. (“Allegheny”) , a reg noncumulative preferred stock looking noncumulative preferred stock substan istered holding company, and two of its to the retirement of such stock. Such tially upon the terms set forth in Amend subsidiary companies, The Potomac Ed Persons have agreed that TCA and TMC ment No. 5. ison Company (“Potomac”), an exempt amend the Plan to provide for such Notice is further given that any inter registered holding company and an elec retirement. ested person may, not later than July tric utility company, and Cumberland Notice is hereby given that TCA and 20,1964, at 5:30 pm . submit to the Com Valley Electric Company (“Cumber *MC have filed an amendment to the mission in writing a request for a hear land”) , an electric utility company, and application, designated Amendment No. ing thereon, accompanied by a statement South Penn Power Company (“South “• Pursuant to sections 6(c), 17(b) and as to the nature of his interest, the rea Penn”), an electric utility subsidiary 8446 NOTICES company of Potomac, have filed a joint York Trust Company as required by Po For the Commission (pursuant to dele, application-declaration with this Com tomac’s indenture securing its outstand gated authority). mission pursuant to the Public Utility ing bonds. Holding Company Act of 1935 (“Act”) Upon consummation of the merger, [seal] Nellye A. Thorsen, designating sections 6(a), 7, 9(a), 9(b), the assets and liabilities of Cumberland Assistant Secretary. 10, 11(b), 12(c), 12(d), and 12(f) of the will be recorded on the books of South [F.R. Doc. 64-6618; Filed, July 2, 1964; Act and Rules 42, 43, 45, and 50 there Penn at the amounts reflected on Cum 8:47 am.] under as applicable to the proposed berland’s books; in respect of the 500,000 transactions. All interested persons are additional South Penn shares to be re [File No. 812-1690] referred to the joint application-decla ceived by Potomac, the latter will in ration, on file at the office of the Com crease its investment in South Penn by NARRAGANSETT CAPITAL CORP. AND mission, for a statement of the transac $2,537,449, an amount equal to the pro > FRANKLIN CORP. tions therein proposed which are sum forma book value of the assets, less lia marized below. bilities, of Cumberland to be acquired Notice of Filing of Application Cumberland and South Penn, all the in the merger by South Penn; Allegheny J une 26,1964. outstanding common stocks of which are will increase its investment in Potomac Notice is hereby given that Narragan- owned, respectively, by Allegheny and by $3,225,188, equivalent to the cost of sett Capital Corporation (“Narragan- Potomac, are Pennsylvania corporations. its investment in the common stock of sett”) and The Franklin Corporation Both companies are located and pro Cumberland, to be contributed to (“Franklin”) , each of which is a closed- vide electric service in adjacent areas Potomac. end investment company registered in southern Pennsylvania; and all of The fees and expenses to be incurred under the Investment Company Act of Cumberland’s electric energy require in connection with the proposed trans 1940 (“Act”) and also a small business ments are purchased from South Penn. actions, are estimated to aggregate investment company licensed as such In order to effect efficiencies in the op $22,500, of which $400 is to be paid by under the Small Business Investment erations of the two companies and to Cumberland for Tnistee’s fees and ex Act of 1958, have filed a joint application simplify the corporate structure of the penses, and $22,100 is to be paid by South pursuant to section 17(d) of the Act and holding-company system of Allegheny, Penn including counsel fees, $7,500, Rule 17d-l thereunder for an order it is proposed that Cumberland be Pennsylvania tax on increased shares, granting said application so as to permit merged into South Penn. $14,000, filing and recording fees, $200, affiliated persons of Narragansett and At March 31, 1964, Cumberland’s and miscellaneous expense, $400. Franklin to purchase, pursuant to a utility plant, stated at original cost, The filing indicates that Cumberland rights offering to be made to the stock amounted to $3,164,130, and the applica and South Penn have applied to the holders of Narragansett and Franklin, ble reserve for depreciation was $692,663. Pennsylvania Public Utility Commission shares of common stock of Amtel Cor For the twelve months ended on that for approval of the transfer of all the poration, a company controlled by date, Cumberland’s revenues and net in property and rights of the former to the Narragansett and Franklin. All inter come amounted to $1,189,149 and $115,- latter. Potomac has applied to the ested persons are referred to the applica 622, respectively. Its only publicly-held Public Service Commission of West Vir tion on file with the Commission for a securities consist of $752,000 principal ginia for approval of the acquisition of complete statement of the facts which amount of 3% percent First Mortgage all of the shares of capital stock of are summarized below. Bonds due 1970; its outstanding common Cumberland and the additional shares of Pursuant to an Agreement of Merger ' stock consists of 33,500 shares with a par capital stock of South Penn. Copies of dated May 19, 1964, Janesville Cotton value of $10 per share and an aggregate the orders entered therein are to be sup Mills, Inc. (“Janesville”), which pro book value, at March 31, 1964, of plied by amendment. It is represented duced cushioning materials and sub- $1,800,299. that no other State or Federal commis assemblies for the automotive industry, To effectuate the proposed merger (a) sion, other than this Commission, has and Lawson Machine and Tool Co. Allegheny will make a capital contribu jurisdiction over the proposed trans (“Lawson”) , which manufactured pre tion of, and Potomac will acquire, the actions. cision machined parts for the aircraft 33,500 shares of common stock of Cum Notice is further given that any inter and missile industries, were merged with berland; (b) Potomac will contribute ested person may, not later than July 17, the merged company taking the name $752,000 cash to Cumberland which will 1964, request in writing that a hearing Amtel Corporation (“Amtel”). The be used to redeem Cumberland’s out be held on such matter, stating the businesses formerly conducted by Janes standing bonds at their redemption price nature of his interest, the reasons for ville and Lawson will be operated as divi of 100.875 percent or an aggregate of such request, and the issues of fact or law sions of Amtel. Prior to the merger $758,580-, plus accrued interest, such re raised by said joint application-declara Narragansett and Franklin each owned demption being in accordance with the tion which he desires to controvert; or he 42.5 percent of the outstanding stock of requirements of Potomac’s indenture may request that he be notified if the Janesville and 33% percent of the out which, among other things, prohibits any Commission should order a hearing standing stock of Lawson. Williard G. of its subsidiary companies from having thereon. Any such request should be Van Saun, the president of Janesville, publicly-held long term debt in excess of addressed: Secretary, Securities and Ex owned the remaining 15 percent of Janes $250,000; (c) South Penn will increase change Commission, Washington, D.C., ville’s outstanding stock; and George H. its authorized capital stock, without par 20549. A copy of such request should be Mettler, the president of Lawson, owned value, from 1,400,000 to 2,800,000 shares; served personally or by mail (air mail if the remaining 33% percent of Lawson’s (d) South Penn will issue and deliver, the person being served is located more outstanding stock. Under the merger and Potomac will acquire, 500,000 addi than 500 miles from the point of mailing) agreement, Amtel issued 720,000 shares tional shares of capital stock of South upon the applicants-declarants at the of common stock which were distributed Penn pursuant to the retirement and above-stated address, and proof of serv as follows: conversion of the 33,500 shares of Cum ice (by affidavit or, in case of an attorney at law, by certificate) should be filed Percent berland’s capital stock; (e) South Penn Holder No. of of out- will acquire, through the merger, all of contemporaneously with the request. At shares standing the rights, privileges, franchises and all any time after said date, the joint appli stock the estate and property, real and per cation-declaration, as filed or as it may be amended, may be granted and per Narragansett. 282.900 39.29 sonal, and rights of action of Cumber mitted to become effective as provided in Franklin___ 282.900 39.29 land, subject to all of the debts, duties Van Saun__ 70,130 9.76 Rule 23 of the General Rules and Regu Mettler..... 84,070 11.66 and other liabilities of Cumberland other lations promulgated under the Act, or than Cumberland’s first mortgage bonds the Commission may grant exemption Total. 720,000 100.00 to be redeemed; and (f) Potomac will from such rules as provided in Rules 20 pledge the 500,000 shares of capital stock (a) and 100 thereof or take such other Amtel has filed a registration state of South Penn with Chemical Bank New action as it may deem appropriate. ment under the Securities Act of l»3,5 Friday, July 3, 1964 FEDERAL REGISTER 8447 boncerning a proposed non-underwritten 100 shares, 25 cents per share on all affiliates of Narragansett and Franklin hfiering of 250,000 shares of its common warrants accepted. pursuant to the exercise of their primary stock. Of such number, 196,460 shares Subject to Amtel obtaining not less rights and over-subscription privilege (if «78.58 percent) will be offered at $5 per than $1,150,000 of additional capital any). Share to the holders of common stock of from the sale of its stock, an insurance Section 17(d) of the Act and Rule Narragansett and Franklin by way of company has agreed to purchase from 17d-l thereunder, taken together pro Ln-transferable primary subscription Amtel its $2,500,000 face-amount 5 V2 vide, among other things, that it shall be frights on the basis of one share of Amtel percent promissory note due 1979. The unlawful, with certain exceptions not ap |or every ten shares of Narragansett and proceeds from the sale of Amtel’s stock plicable here, for an affiliated person of line share of Amtel for every twelve and from the promissory note will be a registered investment company or any [shares of Franklin. The, remaining used by Amtel to prepay (a) $908,590 affiliated person of such a person, acting [53,540 shares are to be offered as fol face-amount 6 percent notes due in as principal, to participate in, or effect lows: (a) 23,540 shares (9.4-percent) to quarterly installments to 1966 and 1967 any transaction in connection with any Mettler, (b) 20,000 shares (8.0 percent) and held by banks (b) $1,545,000 face- joint enterprise or arrangement in which bo Van Saun, and (c) 10,000 shares (4.0 amount of 8 percent subordinated notes any such registered company, or a com [percent) to Alfred Buckley, the president originally issued and sold by Lawson and pany controlled by such registered com [of Amtel. In addition to being share held in equal amounts by Franklin, Nar pany, is a participant unless an applica holders, both Van Saun and Mettler are ragansett and Mettler. The remainder tion, regarding such arrangement has Erectors of Amtel. Each of these three will be used for working capital or plant been granted by the Commission, and individuals, none of whom is a share expansion. that, in passing upon such an applicant holder or director of either Narragansett Royal Little, the chairman of the tion, the Commission will consider or Franklin, has indicated that he will board of Narragansett, is chairman of whether the participation of such regis purchase the Amtel shares to be offered Amtel’s board of directors and Herman tered company or controlled company in him. ’ E. Goodman, the president of Franklin, such arrangement is consistent with the [ No fractional shares of Amtel will be is the vice chairman of Amtel’s board of provisions, policies and purposes of the [issued and each shareholder of Narra- directors. The other directors of Am Act and the extent to which such par [gansett and Franklin will receive one tel are Buckley, Van Saun, Mettler, and ticipation is on a basis different from or right for each share held. Any share Frank L. Tucker. The Amtel registra less advantageous than that of other par holder who receives rights not equally tion statement represents that Little, ticipants. A joint enterprise or arrange [divisible by ten as to Narragansett or Goodman, and Buckley have agreed to ment as used in Rule 17d-l is defined as twelve as to Franklin may subscribe for serve without any compensation other any written or oral plan, contract, au [one more full share of Amtel. In addi than director’s fees. thorization or arrangement, or any prac tion to the primary subscription rights, The percentage of outstanding shares tice or understanding concerning an [the stockholders of Narragansett and of Amtel that will be held by Narragan enterprise or undertaking whereby a [Franklin, but not Van Saun, Mettler, or sett and Franklin, if the proposal is con registered investment company or a con [Buckley, will have over-subscription summated, will change from 39.29 per trolled company thereof and any affili privileges to acquire at $5 per share any cent as to each to 29.16 percent as to ated person of or a principal underwriter Amtel stock not subscribed for pursuant each. for such registered company, or any af [to the primary rights. Shares offered Included among the stockholders of filiated person of such person or prin [to Narragansett shareholders and not Narragansett who, as stockholders of cipal underwriter, have a joint or a joint I subscribed for under their primary rights Narragansett, will receive rights to pur and several participation, or share in the will be available to those shareholders of chase Amtel stock, are thirteen of its profits of such enterprise or undertaking. Narragansett who subscribed for stock officers and directors and one other per Notice is further given that any inter on their primary rights; and shares of son holding more than 5 percent of its ested person may, not later than July fered to Franklin shareholders and not stock. These affiliated persons of Nar 13,1964, at 5:30 p.m. submit to the Com [subscribed for under their primary rights ragansett hold an agregate of 237,600 mission in writing a request for a hearing will be available to those shareholders of shares (30.015 percent) of the 791,600 on the matter accompanied by a state [Franklin who have subscribed for stock outstanding shares of Narragansett ment as to the nature of his interest, the on their primary rights. If insufficient stock; and, under the proposal, may sub reason for such request and the issues of [shares are available to satisfy all over scribe, pursuant to their primary rights, fact or law proposed to be controverted, subscription requests, the available for 23,760 shares of Amtel, or 2.45 per or he may request that he be notified if [shares will be allotted among those who cent of the 970,000 shares of Amtel to the Commission shall order a_ hearing [request additional shares in proportion be outstanding. Franklin has seven of thereon. Any such communication [to the respective additional amounts for ficers and directors who hold its stock should be addressed; Secretary, Securi [which they subscribe. Narragansett and one other person who holds more ties and Exchange Commission, Wash [shareholders will have a priority on any than 5 percent of its stock. These af ington, D.C., 20549. A copy of such re [shares not subscribed for by Narragan- filiated persons hold an aggregate of quest shall be served personally or by | sett shareholders on primary rights and 192,400 shares (17.97 percent) of the mail (air mail if the person being served [Franklin shareholders will have a pri- 1,071,000 outstanding shares of Franklin; is located more than 500 miles from the [ ority on any shares not subscribed for by and, under the proposal, may subscribe, point of mailing) upon applicants at the [ Franklin shareholders on primary pursuant to their primary rights, for addresses set forth above. Proof of such [rights. Shares not subscribed for by 16,038 Mj shares of Amtel, or 1.65 percent service (by affidavit or in case of an at- [ the shareholders of one company will of the shares of Amtel to be outstanding. torney-at-law by certificate) shall be [ be available for allotment to the share- The affiliated persons of Narragansett filed contemporaneously with the re [ holders of the other. If all the 196,460 and Franklin will not exercise their over quest. At any time after said date, as | shares offered to the shareholders of the subscription privilege unless and until all provided by Rule 0-5 of the rules and [two companies are not subscribed for, of non-affiliated stockholders of Nar regulations promulgated under the Act, [ the unsubscribed shares will be offered ragansett and Franklin who have ex an order disposing of the application [ at $5 per share to the public or members ercised their over-subscription privilege herein may be issued by the Commission [ of management of Amtel, including Van receive all of the shares of Amtel for upon the basis of the showing contained [ Saun, Mettler, and Buckley. which they subscribe. All of the affiliated in said application, unless an order for [ Unless all of the 250,000 shares of Am- persons of Narragansett and Franklin [tel’s stock are sold, the entire offering hearing upon said application shall be is [ will be withdrawn and all proceeds, with- have indicated that they intend to ex sued upon request or upon the Commis | out deduction for expenses, will be re ercise their primary rights. Applicants sion’s own motion. funded. Amtel will pay any member of have agreed to furnish the Commission It is ordered, That the Secretary of the [ tv ■National Association of Securities at the completion of the rights offering Commission shall send a copy of this no [ Dealers, Inc. whose name is inserted in with a full report of the number of tice by registered mail to the Director, a subscription warrant for not less than Amtel’s shares purchased by each of the Office of Investment Assistance, Small No. 130---- 8 > 8448 NOTICES Business Administration, Washington, age resulted to residences and business resulting from tornado and accompany., D.C., 20416. property located in Eddy County in the ing conditions occurring on or about By the Commission. State of New Mexico; May 29,1964. Whereas, the Small Business Adminis Offic es [seal! Nell ye A. Thorsen, tration has investigated and has received Small Business Administration Regional Assistant Secretary. other reports of investigations of condi Office, [FR. Doc. 64-6619; Filed, July 2, 1964; tions in the area affected; 909 17th Street, 8:47 a.m.] Whereas, after reading and evaluating Denver 2, Colorado. reports of such conditions, I find that Small Business Administration Branch Office the conditions in such area constitute Fifth and Gold Streets SW., a catastrophe within the purview of the Albuquerque, New Mexico. SMALL BUSINESS ADMINISTRA Small Business Act, as amended. 2. Applications for disaster loans un. Now, Therefore, as Executive Adminis der the authority of this Declaration TION trator of the Small Business Adminis will not be accepted subsequent to De tration, I hereby determine that: cember 31,1964. [Declaration of disaster Area 478] 1. Applications for disaster loans un der the provisions of section 7(b) (1) of Dated: June 18,1964. NEBRASKA the Small Business Act, as amended, may Ross D. D avIs, Declaration of Disaster Area be received and considered by the Offi ces below indicated from persons or firms Executive Administrator, j Whereas, it has been reported that whose property, situated in the aforesaid [FR. Doc. 64-6611; Filed, July 2, 1964; during the month of June 1964, because County and areas adjacent thereto, suf 8:45 am.] of the effects of certain disasters, dam fered damage or destruction resulting age resulted to residences and business from floods and accompanying condi property located in Sarpy and Douglas tions occurring on or about June 15,1964. [Declaration of Disaster Area 476] Counties in the State of Nebraska; Whereas, the Small Business Admin Offices NEW HAMPSHIRE istration has investigated and has re Small Business Administration Regional Declaration of Disaster Area ceived other reports of investigations Office, of conditions in the areas affected; 909 17th Street, Whereas, it has been reported that Whereas, after reading and evalu Denver 2, Colorado. during the month of June 1964, because ating reports of such conditions, I find Small Business Administration Branch Office, of the effects of certain disasters, dam that the conditions in such areas consti Fifth and Gold Streets SW., age resulted to residences and business Albuquerque, New Mexico. property located in the City of Lebanon tute a catastrophe within the purview of in the State of New Hampshire; the Small Business Act, as amended. 2. Applications for disaster loans un Whereas, the Small Business Adminis Now, therefore, as Executive Admin der the authority of this Declaration tration has investigated and has received istrator of the Small Business Admin will not be accepted subsequent to De other reports of investigations of condi istration, I hereby determine that: cember 31,1964. 1. Applications for disaster loans tions in the area affected; Dated: June 17,1964. Whereas, after reading and evaluating under the provisions of section 7(b) (1) reports of such conditions, I find that the of the Small Business Act, as amended, Ross D. Davis, conditions in such area constitute a may be received and considered by the Executive Administrator. catastrophe within the purview of the Offices below indicated from persons or [F.R. Doc. 64-6610; Filed, July 2, 1964; Small Business Act, as amended. firms whose property, situated in the 8:45 a.m.] Now, Therefore, as Executive Admin aforesaid counties and areas adjacent istrator of the Small Business Adminis thereto, suffered damage or destruction tration, I hereby determine that: resulting from floods and accompanying [Declaration at Disaster Area 475] 1. Applications for disaster loans conditions occurring on or about June 16, NEW MEXICO under the provisions of section 7(b)(1) 1964. of the Small Business Act, as amended, O ffices Declaration of Disaster Area may be received and considered by the Small Business Administration Regional Offices below indicated from persons oi Office, Whereas, it has been reported that firms whose property, situated in thi 911 Walnut Street, during the month of May 1964, because aforesaid City and areas adjacent there Kansas City 6, Missouri. of the effects of certain disasters, dam to, suffered damage or destruction re Small Business Administration Brandi Office, age resulted to residences and business sulting from fire and accompanying con 215 North 17th Street, property located in Colfax County in the ditions occurring on or about June 19, Omaha 2, Nebraska. State of New Mexico; 1964. Whereas, the Small Business Adminis Offices 2. Applications for disaster loans tration has investigated and has received under the authority of this Declaration other reports of investigations of condi Small Business Administration Regional will not be accepted subsequent to De tions in the area affected; Office, cember 31, 1964. Whereas, after reading and evaluating 470 Atlantic Avenue, Dated: June 18, 1964. reports of such conditions, I find that Boston, Massachusetts. Small Business Administration Branch Office, Ross D. D avis, the conditions in such area constitute a Executive Administrator. catastrophe within the purview of the 18 School Street, Small Business Act, as amended. Concord, New Hampshire. [FR. Doc. 64-6609; Filed, July 2, 1964; Now, Therefore, as Executive Adminis 8:45 a.m.] 2. Applications for disaster loans trator of the Small Business Administra under the authority of this Declaration tion, I hereby determine that: will not be accepted subsequent to De [Declaration of Disaster Area 474] 1. Applications for disaster loans un cember 31,1964. der the provisions of section 7(b) (1) NEW MEXICO of the Small Business Act, as amended, Dated: June 22,1964. may be received and considered by the Declaration of Disaster Area Offices below indicated from persons or Ross D. Davis, Whereas, it has been reported that firms whose property, situated in the Executive Administrator. during the month of June 1964, because aforesaid County and areas adjacent [FJR. Doc. 64-6612; Filed, July 2. ^ of the effects of certain disasters, dam- thereto, suffered damage or destruction 8:46 ajn.] Friday, July 3, 1964 FEDERAL REGISTER 8449 and commodity rates over joint routes of FSA No. 39113: Substituted service— TARIFF COMMISSION applicant rail and motor carriers be T&P for Herrin. Filed by J. D. Hughett, tween points in central States territory. agent (No. 54), for interested carriers. [TEA—P-3] Grounds for relief: Motortruck compe Rates on property loaded hi highway d a n a h o REFINING CO. tition. trailers and transported on railroad fiat Tariff: Supplement 8 to Central cars, between Dallas, Tex., and New Or Petition for Determination of Eligibil- States Motor Freight Bureau Inc., agent, leans, La., on traffic originating at or I ity To Apply for Adjustment Assist- tariff MF-I.C.C. 1087. destined to such points or points beyond I ante; Notice of Investigation FSA No. 3910.8: Liquefied chlorine gas as described in the application. to Demopolis and Green Tree, Ala. Grounds for relief: Motortruck com I Upon petition under section 301(a) (2) Filed by O. W. South, Jr., agent (No. petition. Lf the Trade Expansion Act of 1962, filed A4533), for interested rail carriers. Tariff; Supplement 5 to J. D. Hughett, pune 24, 1964, by the Danaho Refining Rates on liquefied chlorine gas, in tank agent, tariff MF-I.C.C. 375. Company, 4901 Richmond Avenue, Hous carloads, from Baton Rouge and North FSA No. 39114: Substituted service— ton, Texas, the United States Tariff Baton Rouge, La., to Demopolis and SLSF for chief freight lines. Filed by Commission, on June 29, 1964, instituted Green Tree, Ala. J. D. Hughett, Agent (No. 55), for inter bn investigation under section 301(c) (1) Grounds for relief: Market competi ested carriers. Rates on property loaded bf the said Act to determine whether, as tion. in highway trailers and transported on a result in major part of concessions Tariff: Supplement 21 to Southern railroad flat cars, between Tulsa, Okla., panted under trade agreements, crude Freight Association, agent, tariff I.C.C. and Dallas (Irving), Tex., on traffic orig betroleum, like or directly competitive S-397. inating at or destined to such points pith articles produced by the aforemen FSA No. 39109: Joint motor-rail or points beyond as described in the tioned firm, is being imported into the rates—Middlewest Motor Freight. application. united States in such increased quanti Filed by Middlewest Motor Freight Bu Grounds for relief: Motortruck com fies as to cause, or threaten to cause, reau, agent (No. 345), for interested petition. lerious injury to such firm. carriers. Rates on various commodities Tariff: Supplement 5 to J. D. Hughett, I The imported article to which this in moving on class and commodity rates agent, tariff MF-I.C.C. 375. vestigation relates is currently dutiable over joint routes of applicant rail and FSA No. 39115: Joint motor-rail fender item 475.05 or 475.10 of the Tariff motor carriers, between points in central Rates—Eastern Central. Filed by The Schedules of the United States at the States territory, on the one hand, and Eastern Central Motor Carriers Associa pate of 0.125 cent per gallon if testing points in middlewest territory and tion, Inc., agent (No. 269), for interested fender 25 degrees A.P.I., or at 0.25 cent Canada, on the other. carriers. Rates on various commodities per gallon if testing 25 degrees A.P.I. or Grounds for relief: Motortruck moving on class and commodity rates Snore. competition. over joint routes of applicant rail and I Petitioner has not requested a public Tariff: Supplement 21 to Middlewest motor carriers, between points in middle- paring. A hearing will be held or re- Motor Freight Bureau, agent, tariff MF- west territory, on the one hand, and fcuest of any other party showing a proper I.C.C. 417. points in middle Atlantic and New Eng Interest in the subject matter of the FSA No. 39110: Sand from points in land territories, on the other. investigation, provided the request is filed Missouri. Filed by Southwestern Freight Grounds for relief: Motortruck com with the Secretary of the Tariff Com Bureau, agent (No. B-8555), for inter petition. mission within 10 days after this notice is ested rail carriers. Rates on sand, Tariff: 15th revised page 69 to Eastern published in the Federal Register. ground or pulverized, in carloads, from Central Motor Carriers Association, Inc., [ The petition filed in this case (except Webb City and Webb City-Carterville, agent, tariff MF-I.C.C. A-230. confidential data) is available for inspec Mo., to Chicago and Peoria, HI., also Gary tion at the office of the Secretary of the and Hammond, Ind. By the Commission. Commission, 8th and E Streets NW., Grounds for relief: Market competi [seal] Harold D. McCoy, Washington, D.C., and at the New York Secretary. [City office of the Tariff Commission lo tion. cated in Room 437 of the Customhouse. Tariff: Supplement 22 to Southwest [F.R. Doc. 64-6635; Filed, July 2, 1964; ern Freight Bureau, agent, tariff I.C.C. 8:48 am.] Issued: June 30, 1964. 4565. By order of the Commission. FSA No. 39111: Iron and steel articles to Owensboro, Ky. Filed by Traffic Ex [Notice 1007] [seal] Donn N. Bent, ecutive Association-Eastern. Railroads, Secretary. MOTOR CARRIER TRANSFER agent (ER. No. 2726), for'interested rail PROCEEDINGS [PR. Doc. 64-6658; Filed, July 2, 1964; carriers. Rates on iron or steel angles, 8:51 a.m.] plates, sheets and structural braces, J une 30, 1964. brackets, forms, posts, shoes, strutts or Synopses of orders entered pursuant separators, in carloads, from Martins to section 212(b) of the Interstate Com Ferry, Ohio, Allenport, Pa., and Beech merce Act, and rules and regulations pre INTERSTATE COMMERCE Bottom, W. Va., to Owensboro, Ky. scribed thereunder (49 CFR Part 179), Grounds for relief: Barge competi appear below: COMMISSION tion. As provided in the Commission’s spe Tariff: Supplement 4 to Traffic Exec cial rules of practice" any interested FOURTH SECTION APPLICATIONS utive Association-Eastern Railroads, person may file a petition seeking recon FOR RELIEF agent, tariff I.C.C. C-428. sideration of the following numbered J une 30,1964. FSA No. 39112: Wheat from and to proceedings within 20 days from the date I Protests to the granting of an appli- points in Texas. Filed by Texas-Louisi- of publication of this notice. Pursuant ption must be prepared in accordance ana Freight Bureau, agent (No. 506), to section 17(8) of the Interstate Com pith Rule 1.40 of the general rules of for interested rail carriers. Rates on merce Act, the filing of such a petition practice (49 CFR 1.40) and filed within wheat, in carloads, from specified points will postpone the effective date of the I1» days from the date of publication of in Texas, to Beaumont, Corpus Christ!, order in that proceeding pending its dis phis notice in the F ederal R egister. Freeport, Galveston, Houston, Orange, position. The matters relied upon by Port Arthur and Texas pity, Tex. (For petitioners must be specified in their Long-and-Short Haul Export). petitions with particularity. [ No. 39107: Joint motor-rail Grounds for relief: Unregulated truck No. MC-FC 66559. By order entered ¡ ^ —Central States. Filed by Central competition. June 26, 1964, the Transfer Board ap prates Motor Freight Bureau, Inc., agent Tariff: Supplement 185 to Texas-Lou- proved the transfer to Ronald J. Mul- on ’ *or toterested carriers. Rates isiana Freight Bureau, agent, tariff cahy, doing business as Mulcahy’s Ex P* Various commodities moving on class I.C.C. 899. press, Malden, Mass., of a portion of the 8450 NOTICES operating rights in certificate in No. MC ing Company, Altoona, Pa., authorizing No. MC-FC 66921. By order of June 44824, issued September 2, 1943, to Leo the transportation of: such merchandise 25, 1964, the Transfer Board approved Edward Mulcahy, doing business as Mul- as is dealt in by wholesale, retail, and the transfer to Douglas StemhagenJ cahy’s Express, Malden, Mass. The por chain grocery and food business houses, Tabor, S. Dak., of the operating rights tion authorized for transfer covers the and, in connection therewith, equipment, in certificate No. MC 37084, issued Au-I transportation of: paper pulp and paper materials, and supplies used in the con gust 25, 1955, to Charles J. Lane, Tabor products, from Malden, Mass., to points duct of such business, store fixtures and S. Dak., authorizing the transportation' in Rhode Island, and Maine, and spec store equipment, bananas, and frozen over irregular routes, of livestock and ified points in New Hampshire, William fruits, from, to, or between, specified farm products, from Tabor, S. Dak., to F. Dierkes, 40 Court Street, Boston 8, points or parts of, Pennsylvania, Mary points in South Dakota within 10 miles Mass., attorney for applicants. land, West Virginia, Ohio, New York, and of Tabor, to Sioux City, Iowa, feed, tank-] No. MC-FC 66787. By order of June New Jersey. Robert H. Griswold, Com age, salt, oil and grease in containers, 26, 1964, the Transfer Board approved merce Building, Harrisburg, Pa., attor hardware, and farm machinery, from the transfer to Great Plains Transporta ney for applicants. Sioux City to points in South Dakota] tion Company, a corporation, Holdrege, No. MC-FC 66912. By order of June within 10 miles of Tabor, and household Nebr., of certificate in No. MC 24188, is 25, 1964, the Transfer Board approved goods, and emigrant movables, between sued October 13, 1954, to E. D. Nickel, the transfer to Willard Graese Transport points in South Dakota within 10 miles doing business as Fullerton Freight Line, Service, Inc., Mondovi, Wis., of Certifi of Tabor, on the one hand, and, on the Fullerton, Nebr., and acquired by Fuller cate No. MC 79113, issued November 23, other, points in Iowa and Nebraska. ton Freight Lines, Inc., Fullerton, Nebr., 1960, to Olson Transport Service, Inc., Ray E. Post, Tyndall, South Dakota, at-1 pursuant to approval and consumation Eleva, Wis., and acquired March 1, 1963, torney for applicants. in No. MC-FC 66267, authorizing the pursuant to No. MC-FC 65646, by Willard No. MC-FC 66926. By order of June] transportation of: general commodities, E Graese, doing business as Willard E. 25, 1964, the Transfer Board approved except those of unusual value, livestock, Graese Transport Service, Eleva, Wis., the transfer to Wayne Johnston and class A and B explosives, commodities authorizing the transportation, over Pringle Johnston, a partnership, doing, requiring special equipment, commodities regular routes, of general commodities, business as Johnston Brothers, Arcadia,] in bulk, and those injurious or contami excluding household goods, and other Kans., of the operating rights in certifi-] nating . to other lading, over regular specified commodities, between Strum, cates in Nos. MC 107859 and MC 107859 routes, between Fullerton, Nebr., and Wis., and Minneapolis; beer from Min (Sub No. 2) , issued July 18, 1947, and Council Bluffs, Iowa, serving the inter neapolis and St. Paul, Minn., to Eleva, April 2, 1947, respectively, to Neil K. mediate points of Monroe, Columbus, Wis., and empty beer containers, from. Mobley, doing business as Mobley Truck Fremont, Omaha, and Central City, Eleva, Wis., to Minneapolis and St. Paul, Service, Garland, Kans., authorizing] Nebr., and between Fullerton, Nebr., and and from Strum, Wis., to Minneapolis the transportation, over irregular routes,! Grand Island, Nebr., serving no inter and St. Paul, and over irregular routes, of livestock, from Garland, Elans., and] mediate points. Donald E. Leonard, Box of general commodities, excluding house points within 10 miles of Garland, to] 2028, Lincoln, Nebr,, attorney for appli- hold goods and other specified commodi Kansas City, Mo., agricultural machinery ties from Minneapolis, St. Paul and and implements and parts, building] No. MC-FC 66812. By order of June South St. Paul, Minn., to Strum, Wis., materials, and hardware, from Kansas 25, 1964, the Transfer Board approved City and North Kansas City, Mo., to i the transfer to Fred B. Lafferty and J. D. empty petroleum containers, from Garland, Kans., and points within 10 Lafferty, a partnership, doing business Strum, Wis., to Minneapolis, St. Paul, miles of Garland, and feed, from Kansas] as Lafferty Tracking Company, Altoona, and South St. Paul, Minn., feed and flour, City, Elans., and Kansas City, and North Pa., of permits in Nos. MC 19193, MC livestock and agricultural commodities, Kansas City, Mo., to Garland,.Kans., and] 19193 (Sub No. 1), MC 19193 (Sub No. seed, farm machinery and Implements points within 10 miles thereof. John L ’ 2), MC 19193 (Sub No. 4), and MC 19193 and parts thereof, and building supplies, Ibson, Ibson Building, 1% miles Norths (Sub No. 5), issued August 2, 1950, hardware, building materials, and grain, on U.S. 69, Fort Scott, Kansas, attorney ] August 2, 1950, November 1, 1950, March from, to, and between specified points for applicants. 2, 1959, and September 7, I960, respec in Minnesota and Wisconsin, varying [seal] H arold D, McCoy, tively, to Fred B. Lafferty, J. D. Lafferty with the commodities transported. Secretaryi and Charles W. Albright, Jr., a partner John O. Ward, Osseo, Wisconsin, attor [F.R. Doc. 64-6636; Filed, July 2, 1964; ] ship, doing business as Lafferty Truck ney for applicants. 8:48 a n .] Friday, July 3, 1964 FEDERAL REGISTER 8451
> CUMULATIVE CODIFICATION GUIDE—JULY 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 July.
Page 4 9 1 CFR 14CFR—Continued Page CFR—Continued Page CFR Checklist---- v------8253 P roposed R oles: 193 ______8420 31 [New]______8272 194 ______8420 5 CFR 507______r__ 8274 195 ______8420 213 ___ __ 8253 500______8421 16 CFR P roposed R oles: 7 CFR 13_____ 8261-8263, 8322-8324, 8397-8400 722 ______8375 170 ______8274,8275 72fl ,... i,_ 8375, 8393 300______;_____ 8263 849 ______8253 408__ !______8324 50 CFR QftR ______8395 19 CFR 33______8376 P roposed R oles: 91ft . -1 ,- r-r-rf “ 8395. 31______8400 917 ..... * ______8375 32______8270, 8428 1032 _____- 8255 21 CFR 1131 ...... ______8255 121______8263,8264,8376 1421_____ —-----— ■ 8396 ______8396 24 CFR Announcing: Volume 77A „ 1443______203______- 8264 Proposed Roles: 51— ------_____ 8428, 8429 26 CFR UNITED STATES 1068______- 8271 31______1099______8271 P roposed R xjles STATUTES AT LARGE 1 ______& 8268 9 CFR containing 131______H ______8321 301______8422 10 CFR 29 CFR TARIFF SCHEDULES OF THE Proposed Roles: 417______— UNITED STATES 40______8431 1500______r____ 8375 Promulgated during the First Session of the 14 CFR 35 CFR Eighty-eighth Congress (1963) 4b______8401 4______8418 31 [New]______8256 46 CFR Price: $4.25 40. ______8401,8405 530______8376 Published by Office of the Federal Register, 41______8401, 8405 P roposed R oles: National Archives and Records Service, 42...... ____ 8401,8405 401______8377 General Services Administration 71 [New] ______8260,8261 73 [Newi____¡ s u m ______8322 49 CFR Order from Superintendent of Documents, 91 [New]___—ii- ; ______8401 6 ___ A — ___ 8418 United States Government Printing Office, 507____ 95______8419, 8420 Washington, D.C., 20402 514... 191____ a ___ 8420